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 issuing ‘Remarks upon Prison Discipline: a Letter addressed to the Lord-lieutenant and Magistrates of the County of Essex,’ London, 1821, 8vo. This was followed by ‘Thoughts on Prison Discipline and the present State of the Police of the Metropolis,’ London, 1822, 8vo, with a design for a model house of correction to contain four hundred prisoners, by (Sir) William Cubitt [q. v.], the inventor of the treadmill. The earlier tract was highly praised in the ‘Edinburgh Review’ (xxxvi. 353), and both were answered by George Holford in a ‘Vindication of the General Penitentiary at Milbank,’ London, 1822, 8vo; reprinted 1825.

Western's support of the whigs in their long struggle for electoral reform cost him his seat, for at the first election after the passing of the Reform Bill he was defeated by thirty-six votes (24 Dec. 1832). His long services, however, were immediately rewarded by Lord Melbourne, who recommended him for a peerage, and on 28 Jan. 1833 he was created Baron Western of Rivenhall, Essex. On 21 March 1834 a presentation was made him at Chelmsford by the county, where he was extremely popular. But although he had made his mark in the lower house as a speaker of great ability, he seldom took part in the debates of the lords, and thenceforth lived in comparative retirement, devoted to practical improvements in farming, and experiments which he invited all agriculturists to examine. He gave his attention particularly to improving the breed of sheep; hence his name was long known and honoured in the colonies for his skilful efforts to ‘place Merino wool upon a Leicester carcass.’

Western died at Felix Hall on 4 Nov. 1844, and was buried on the 13th in Rivenhall church with his ancestors. He was unmarried, and the peerage became extinct. The estates devolved upon Western's cousin, Thomas Burch Western of Tattingstone Park, Suffolk, who was created a baronet on 20 Aug. 1864.

A portrait by Copley of Western and his brother Shirley is at Felix Hall. Beside those above mentioned, Western published the following pamphlets: 1. ‘Address to the Landowners of the United Empire,’ London, 1822, 8vo. 2. ‘Second Address and Supplement,’ London, 1822, 8vo. 3. ‘Letter to the Earl of Liverpool on the Causes of our present Embarrassment and Distress, and the Measures necessary for our effectual Relief,’ London, 1826, 8vo. 4. ‘A few practical Remarks upon the Improvement of Grass Land by means of Irrigation, Winter Flooding, and Drainage,’ London, 1826, 8vo. 5. ‘The Maintenance of the Corn Laws essential to the general Prosperity of the Empire,’ 3rd edit. London, 1839, 8vo. 6. ‘Letter to the Chairman of the Meeting of Birmingham Chamber of Commerce assembled at the Waterloo Rooms,’ London, 1843, 8vo.

[Chelmsford Chronicle, 8 and 15 Nov. 1844; Essex Herald, 1 Jan. 1833; Times, 5 Nov. 1844; Burke's Peerage, 7th edit. 1841; Official Returns of Members of Parl.; Edinburgh Review, vol. xxvi. June 1816, p. 255; monuments in Rivenhall church; private information.]  WESTFALING or WESTPHALING, HERBERT (1532?–1602), bishop of Hereford, born in London about 1531 or 1532, was the son of Harbert Westphaling, a resident in London, and the grandson of Harbert, a native of Westphalia. He became a student of Christ Church, Oxford, in 1547, supplicated B.A. in 1551, and graduated M.A. on 12 July 1555. On 12 Dec. 1561 he took the degree of B.D., and proceeded D.D. on 18 Feb. 1565–6. In 1560 he joined in a memorial to the Earl of Leicester requesting him to appoint the puritan Thomas Sampson [q. v.] dean of Christ Church (, Annals of the Reformation, 1824, I. ii. 147–8). The application was successful. In the following year Westfaling was ordained priest by Edmund Grindal [q. v.], bishop of London, and on 7 March 1561–2 he was installed a canon of Christ Church, through the patronage of Sir William Cecil (Cal. State Papers, Dom. 1547–80, p. 195). On 16 Dec. 1562 he was appointed Margaret professor of divinity, but resigned the post in the beginning of 1564. In 1566 ‘he learnedly disputed before Queen Elizabeth in S. Mary's Church.’ On 26 Sept. 1567 he was collated treasurer of the diocese of London, and on 29 July 1572 was instituted rector of Brightwell Baldwin in Oxfordshire, which he received license to hold with his other preferments. On 23 June 1576 he was admitted vice-chancellor of the university of Oxford, and on 14 July he was nominated member of a commission appointed by Grindal to visit the city and diocese of Gloucester, where complaints had been made against the dean and chapter. Instructions were drawn up by the commission enjoining on them a more careful observance of their duties (, Life of Grindal, 1821, pp. 315, 318, Life of Parker, 1821, i. 319). On 29 May 1577 he was appointed a canon of Windsor.

Westfaling was distinguished for his zeal for the conversion of Roman catholic recusants. In 1582 he published a controversial


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Citizens Against Refinery's Effects, Inc. v. United States EPA/Opinion of the Court

HALL

[p184] Citizens Against the Refinery's Effects (CARE) appeals from a final ruling by the Administrator of the Environmental Protection Agency (EPA) approving the Virginia State Implementation Plan (SIP) for reducing hydrocarbon pollutants. The plan requires the Virginia Highway Department to decrease usage of a certain type of asphalt, thereby reducing hydrocarbon pollution by more than enough to offset expected pollution from the Hampton Roads Energy Company's (HREC) proposed refinery. We affirm the action of the administrator in approving the state plan.

The Act
The Clean Air Act establishes National Ambient Air Quality Standards (NAAQS) for five major air pollutants. 42 U.S.C. § 7409; 40 CFR § 50 (1976). The EPA has divided each state into Air Quality Control Regions (AQCR) and monitors each region to assure that the national standard for each pollutant is met. 42 U.S.C. § 7407. Where the standard has not been attained for a certain pollutant, the state must develop a State Implementation Plan designed to bring the area into attainment within a certain period. 42 U.S.C. § 7410. In addition, no new source of that pollutant may be constructed until the standard is attained. 40 CFR § 51.18 (1973).

The Clean Air Act created a no-growth environment in areas where the clean air requirements had not been attained. EPA recognized the need to develop a program that encouraged attainment of clean air standards without discouraging economic growth. Thus the agency proposed an Interpretive Ruling in 1976 which allowed the states to develop an "offset program" within the State Implementation Plans. 41 Fed.Reg. 55524 (1976). The offset program, later codified by Congress in the 1977 Amendments to the Clean Air Act, permits the states to develop plans which allow construction of new pollution sources where accompanied by a corresponding reduction in an existing pollution source. [p185] 42 U.S.C. § 7502(b)(6) and § 7503. In effect, a new emitting facility can be built if an existing pollution source decreases its emissions or ceases operations as long as a positive net air quality benefit occurs.

If the proposed factory will emit carbon monoxide, sulfur dioxide, or particulates, the EPA requires that the offsetting pollution source be within the immediate vicinity of the new plant. The other two pollutants, hydrocarbons and nitrogen oxide, are less "site-specific," and thus the ruling permits the offsetting source to locate anywhere within a broad vicinity of the new source.

The offset program has two other important requirements. First, a base time period must be determined in which to calculate how much reduction is needed in existing pollutants to offset the new source. This base period is defined as the first year of the SIP or, where the state has not yet developed a SIP, as the year in which a construction permit application is filed. 41 Fed.Reg. 55529 (1976). Second, the offset program requires that the new source adopt the Lowest Achievable Emissions Rate (LAER) using the most modern technology available in the industry. 41 Fed.Reg. 55528-9 (1976).

The Refinery
HREC proposes to build a petroleum refinery and offloading facility in Portsmouth, Virginia. Portsmouth has been unable to reduce air pollution enough to attain the national standard for one pollutant, photochemical oxidants, which is created when hydrocarbons are released into the atmosphere and react with other substances. Since a refinery is a major source of hydrocarbons, the Clean Air Act prevents construction of the HREC plant until the area attains the national standard.

In 1975, HREC applied to the Virginia State Air Pollution Control Board (VSAPCB) for a refinery construction permit. The permit was issued by the VSAPCB on October 8, 1975, extended and reissued on October 5, 1977 after a full public hearing, modified on August 8, 1978, and extended again on September 27, 1979. The VSAPCB, in an effort to help HREC meet the clean air requirements, proposed to use the offset ruling to comply with the Clean Air Act.

On November 28, 1977, the VSAPCB submitted a State Implementation Plan to EPA which included the HREC permit. The Virginia Board proposed to offset the new HREC hydrocarbon pollution by reducing the amount of cutback asphalt used for road paving operations in three highway districts by the Virginia Department of Highways. By switching from "cutback" to "emulsified" asphalt, the state can reduce hydrocarbon pollutants by the amount necessary to offset the pollutants from the proposed refinery.

EPA requested some changes in the state plan, including certain monitoring changes and verification from the Virginia Attorney General that the offset program was legally enforceable. The plan was transmitted by the EPA Region III director to EPA headquarters on September 9, 1978. Notices of the proposed plan were published on October 10, 1978 and again on May 1, 1979. 43 Fed.Reg. 46554 (1978). 44 Fed.Reg. 25471 (1979). Numerous comments were received, [p186]  including several from CARE. The EPA administrator carefully considered the comments and approved the Virginia offset plan on January 31, 1980.

CARE raises four issues regarding the state plan. First, they argue that the geographic area used as the base for the offset was arbitrarily determined and that the area as defined violates the regulations. Second, CARE contends that EPA should have used 1975 instead of 1977 as the base year to compare usage of cutback asphalt. Third, CARE insists that the offset plan should have been disapproved since the state is voluntarily reducing usage of cutback asphalt anyway. Fourth, CARE questions the approval of the plan without definite Lowest Achievable Emissions Rates (LAER) as required by the statute. We reject the CARE challenges to the state plan.

As in Citizens Against Refinery Effects v. EPA, 643 F.2d 178 (4th Cir. 1981), the standard of review here is whether the agency action was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 91 S.C.t. 814, 28 L. Ed. 2d 136 (1971); Appalachian Power Company v. EPA, 477 F.2d 495 (4th Cir. 1973).

The Geographic Area
CARE contends that the state plan should not have been approved by EPA since the three highway-district area where cutback usage will be reduced to offset refinery emissions was artificially developed by the state. The ruling permits a broad area (usually within one AQCR) to be used as the offset basis. 41 Fed.Reg. 55529 (1976).

The ruling does not specify how to determine the area, nor provide a standard procedure for defining the geographic area. 41 Fed.Reg. 55529 (1976). Here the Virginia Board originally proposed to use four highway districts comprising one-half the state as the offset area. When this was found to be much more than necessary to offset pollution expected from the refinery, the state changed it to one highway district plus nine additional counties. Later the proposed plan was again revised to include a geographic area of three highway districts.

The agency action in approving the use of three highway districts was neither arbitrary, capricious, nor outside the statute. First, Congress intended that the states and the EPA be given flexibility in designing and implementing SIPs. See H.R.Rep.No. 95-294, 95th Cong., 1st Sess., reprinted in (1977) U.S.Code Cong. & Ad.News 1077, 1290-92. Such flexibility allows the states to make reasoned choices as to which areas may be used to offset new pollution and how the plan is to be implemented. Second, the offset program was initiated to encourage economic growth in the state. 41 Fed.Reg. 55525 (1976). Thus a state plan designed to reduce highway department pollution in order to attract another industry is a reasonable contribution to economic growth without a corresponding increase in pollution. Third, to be sensibly administered the offset plan had to be divided into districts which could be monitored by the highway department. Use of any areas other than highway districts would be unwieldy and difficult to administer. Fourth, the scientific understanding of ozone pollution is not advanced to the point where exact air transport may be predicted. Designation of the broad area in which hydrocarbons may be transported is well within the discretion and expertise of the agency.

The Base Year
Asphalt consumption varies greatly from year to year, depending upon weather and road conditions. Yet EPA must accurately determine the volume of hydrocarbon emissions from cutback asphalt. Only then can the agency determine whether the reduction in cutback usage will result in an offset great enough to account for the new refinery pollution. To calculate consumption of a material where it constantly varies, a base year must be selected. In this case, EPA's Interpretive Ruling establishes [p187]  the base year as the year in which the permit application is made. 41 Fed.Reg. 55529 (1976). EPA decided that 1977 was an acceptable base year. CARE argues that EPA illegally chose 1977 instead of 1975.

Considering all of the circumstances, including the unusually high asphalt consumption in 1977, the selection by EPA of that as the base year was within the discretion of the agency. Since the EPA Interpretive Ruling allowing the offset was not issued until 1976, 1977 was the first year after the offset ruling and the logical base year in which to calculate the offset. Also, the permit issued by the VSAPCB was reissued in 1977 with extensive additions and revisions after a full hearing. Under these circumstances, 1977 appears to be a logical choice of a base year.

The Legally Binding Plan
For several years, Virginia has pursued a policy of shifting from cutback asphalt to the less expensive emulsified asphalt in road-paving operations. The policy was initiated in an effort to save money, and was totally unrelated to a State Implementation Plan. Because of this policy, CARE argues that hydrocarbon emissions were decreasing independent of this SIP and therefore are not a proper offset against the refinery. They argue that there is not, in effect, an actual reduction in pollution.

The Virginia voluntary plan is not enforceable and therefore is not in compliance with the 1976 Interpretive Ruling which requires that the offset program be enforceable. 41 Fed.Reg. 55526 (1976). The EPA, in approving the state plan, obtained a letter from the Deputy Attorney General of Virginia in which he stated that the requisites had been satisfied for establishing and enforcing the plan with the Department of Highways. Without such authority, no decrease in asphalt-produced pollution is guaranteed. In contrast to the voluntary plan, the offset plan guarantees a reduction in pollution resulting from road-paving operations.

The Lower Achievable Emissions Rate
Finally, CARE argues that the Offset Plan does not provide adequate Lowest Achievable Emission Rates (LAER) as required by the 1976 Interpretive Ruling because the plan contains only a 90% vapor recovery requirement, places an excessive 176.5 ton limitation on hydrocarbon emissions, and does not require specific removal techniques at the terminal. EPA takes the position that the best technique available for marine terminals provides only a 90% recovery and that the 176.5 ton limit may be reduced by the agency after the final product mix at the terminal is determined.

Since the record shows no evidence of arbitrary or capricious action in approving the HREC emissions equipment, the agency determination of these technical matters must be upheld. Udall v. Tallman, 380 U.S. 1, 85 S.C.t. 792, 13 L. Ed. 2d 616 (1965).

Conclusion
In approving the state plan, EPA thoroughly examined the data, requested changes in the plan, and approved the plan only after the changes were made. There is no indication that the agency acted in an arbitrary or capricious manner or that it stepped beyond the bounds of the Clean Air Act. We affirm the decision of the administrator in approving the state plan.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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74 to a native town, was to find where the head chief lived, feed him with rice and regale him with tobacco, and then induce him to call all his chiefs and head men together for a council. When they were all assembled I would give small presents of tobacco to each, and then open the floodgate of talk, proclaiming my mission and telling them in simplest terms the Great New Story. Muir would generally follow me, unfolding in turn some of the wonders of God's handiwork and the beauty of clean, pure living; and then in turn, beginning with the head chief, each Indian would make his speech. We were received with joy everywhere, and if there was suspicion at first old Tow-a-att's tearful pleadings and Kadishan's oratory speedily brought about peace and unity . These palavers often lasted a

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 Rh to generalise as to the entire nation. This is an inexact way of dealing witii the subject. It is just as if a Southron writer were to jumble English and Welsh tales all together in a volume, and to treat them in his Introduction as the productions of a single people, while illustrating his conclusions as to the characteristics of their common imagination either from the English or the Welsh tales only. Perhaps we could not easily find better evidence of the necessity for the work of the Ethnological Survey Committee, which appears to be so long beginning its labours.

If we admit that Highland and Lowland stories may be mixed in this manner, the collection is not without merit, though more space might have been given to the former. It contains many stories not easily accessible elsewhere, and some that have never been seen in print before. We feel, from the specimens given, that we should like to know more about the manuscript collections of Mr. Dennison, Mr. Kennedy, and Mr. Ollason. Assipattle is, as we might expect, a purely Norse tale, and there ought to be " more where that came from". The examples of the different kinds of stories seem well selected. Those from the Rev. John Frazer's "Discourse concerning Second-sight" were quite worth reprinting. The volume is prettily got up, but it would have been more useful to the student had the editor indicated his sources in a more precise and businesslike way.

E. S. Hartland.


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 find the colonists in the middle of their conflict with the gold-diggers at Ballarat. He was placed on the commission to inquire into the outbreak, was chosen its chairman, and was acknowledged to have conducted a difficult inquiry with much tact and success.

In 1857 Westgarth was again summoned to England on business. On this occasion he decided to remain in London, and founded the firm of Westgarth & Co., colonial brokers, agents, and financiers, rapidly absorbing a large proportion of the business which arose in connection with the demand of the Australian colonies for loans on the London market, and becoming a leading authority in all matters connected with these securities, as well as a considerable factor in their progressive improvement. In 1881 he represented the Melbourne chamber of commerce on the tariff congress of the colonies held in London. He was instrumental in establishing the present London chamber of commerce, and saw his efforts successful in July 1881. He also interested himself in the housing of the poor and in the ‘sanitation and reconstruction of central London,’ on which he wrote an essay in 1884. Through the Society of Arts he offered a series of prizes for the best practical essays on these two subjects.

In 1888, having retired from business, Westgarth revisited Melbourne to be present at the Centennial Exhibition, and was very warmly received both there and in the other colonies. He returned in November 1888, and died suddenly in London on 28 Oct. 1889. Westgarth was quiet and unostentatious in his mode of life, and very methodical in his work and habits. He had been in every way a leader in work for the social and political advancement of the colony of Victoria. He married in 1854. Westgarth's most important works were: He also edited from the manuscript of John Davis ‘Tracks of McKinlay and Party across Australia,’ 1863, and contributed several articles on Australian subjects to the ‘Encyclopædia Britannica,’ and papers for the British Association on financial questions, besides writing novelettes in the Tasmanian ‘Launceston Examiner.’
 * 1) ‘Report on the Position, Capabilities and Prospects of the Australian Aborigines,’ 1846.
 * 2) ‘Australia Felix: an Account of the Settlements of Port Phillip,’ 1848.
 * 3) ‘Victoria, late Australia Felix,’ 1853.
 * 4) ‘Victoria and the Australian Gold Mines,’ London, 1857.
 * 5) ‘Personal Recollections of Early Melbourne and Victoria,’ Melbourne, 1888.
 * 6) ‘Half a Century of Australian Progress: a personal Retrospect,’ London, 1889

 WESTMACOTT, RICHARD (1775–1856), sculptor, was born in London in 1775. He was the eldest son of Richard Westmacott, sculptor, of Mount Street, Grosvenor Square, who published in 1777 a series of twenty engraved designs for chimney-pieces, with classical ornaments, and died on 27 March 1808, aged 60 (Gent. Mag. 1808, i. 274). His father gave him the first instruction in his own art, and sent him in 1793 to Rome, where he studied under Canova. He made rapid progress, and in 1795 gained the first gold medal of the academy of St. Luke, offered by the pope, with a bas-relief of Joseph and his brethren. In the same year he was elected a member of the academy of Florence. He left Rome in 1797, on the approach of the French army, and travelled by Bologna to Venice, and thence through Germany, reaching London at the close of the year.

The first work which he exhibited at the Royal Academy was a bust of Sir William Chambers in 1797. He remained a constant exhibitor, sending several works each year, with hardly an exception, till 1839, after which he retired almost wholly from professional practice. Up to 1820 he exhibited chiefly monumental sculpture, varied by portrait-busts and statues. He had a large practice, second only to Chantrey's, and received commissions for monuments in all parts of the country, as well as in India and the colonies. Among the more important of these were the statues in Westminster Abbey of Addison (1806), General Villettes (1809), Pitt, Fox, and Spencer Perceval; many monuments in St. Paul's, including those to Sir Ralph Abercromby, Collingwood, Duncan, Captain Cook, General Gibbs, and General Pakenham; a statue of Nelson at Birmingham (1809), and the statues of Francis, fifth duke of Bedford, in Russell Square (1809), and of Fox in Bloomsbury Square (1816). Westmacott was employed in arranging the Towneley marbles which were purchased for the British Museum, then in Montague House, in 1805. In that year he was elected an associate and in 1811 a full member of the Royal Academy. He presented as his diploma work a ‘Ganymede’ in high relief. In the catalogues of the academy exhibitions his address is given as 24 Mount Street till 1819, when he had removed to 14 South Audley Street, where he resided during the remainder of his life. In 1820 he exhibited his first classical subject, a relief of ‘Hero and Leander,’ and in the


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Rh whole day and far into the night, and usually ended with our being feasted in turn by the chief in whose house we had held the council. I took the census of each village, getting the heads of the families to count their relatives with the aid of beans,—the large brown beans representing men, the large white ones, women, and the small Boston beans, children. In this manner the first census of southeastern Alaska was taken. Before starting on the voyage, we heard that there was a Harvard graduate, bearing an honored New England name, living among the Kake Indians on Kouyou Island. On arriving at the chief town of that tribe we inquired for the white man and were told that he was camping with the family of a sub-chief at the mouth of a salmon stream. We set off to find him. As we neared

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Westmacott same year ‘Maternal Affection,’ a bas-relief; in 1821 ‘Resignation;’ in 1822 the ‘Houseless Traveller,’ also known as the ‘Distressed Mother,’ the property of Lord Lansdowne (a repetition of a group originally designed for the monument to Mrs. Warren, wife of the bishop of Bangor, in Westminster Abbey; the companion group, ‘The Happy Mother,’ was less successful); in 1822 ‘Psyche,’ and in 1823 ‘Cupid,’ executed for the Duke of Bedford, now at Woburn; in 1823 ‘Horace's Dream;’ in 1824 a ‘Nymph;’ in 1825 ‘Afflicted Peasants’ and ‘Madonna and Child;’ in 1826 a statue of Lord Erskine, afterwards placed in the old hall, Lincoln's Inn; in 1827 ‘Cupid made Prisoner;’ in 1828 and 1829 portions of the monument to Warren Hastings for Calcutta Cathedral; in 1830 a statue of the Duc de Montpensier for Westminster Abbey; in 1832 ‘The Gipsy;’ in 1834 a statue of Locke for University College, London; in 1835 ‘Devotion;’ in 1837 ‘Euphrosyne’ for the Duke of Newcastle; in 1839 ‘The Abolition of Suttee’ for the pedestal of a statue of Lord William Bentinck, and in the same year a statue of Lady Susan Murray.

Of his works which were not exhibited at the Royal Academy the most important were the colossal bronze statue of Achilles in Hyde Park, copied from the original on Monte Cavallo at Rome, which was erected by the ladies of England in compliment to the Duke of Wellington in 1822; an equestrian statue of George III, erected in 1822 at Liverpool; the statue of the Duke of York, fourteen feet high, on the column in Waterloo Place, 1833; and a monument to Lord Penrhyn at Penrhyn, North Wales. Jointly with Flaxman and Baily he executed the reliefs on the Marble Arch, Buckingham Palace (removed to its present situation at Cumberland Gate, Hyde Park, in 1851). One of Westmacott's last works was the ornamental group representing the progress of civilisation in the pediment of the portico of the British Museum, completed in 1847. Here he introduced colour by gilding some of the instruments and setting off the white figures by a blue tympanum. The watercolour design for this group is in the print-room of the British Museum.

In 1827 Westmacott had succeeded Flaxman as professor of sculpture at the Royal Academy. He continued to lecture annually till 1854. His lectures showed considerable archæological knowledge and sound judgment. He was also auditor to the Academy and a regular attendant at its business meetings. He received the honorary degree of D.C.L. from the university of Oxford on 15 June 1836, and was knighted on 19 July 1837. He died at 14 South Audley Street on 1 Sept. 1856. On 20 Feb. 1798 he married Dorothy Margaret, daughter of Dr. Wilkinson of Jamaica. His son Richard [q. v.] is separately noticed. A portrait of Westmacott, drawn in crayons, is in the National Portrait Gallery, London.

A younger brother, (d. 1798), a pupil of James Wyatt, exhibited four architectural designs at the Royal Academy, 1796–8. He received the silver medal for architecture at the Royal Academy in November 1798, and died on 3 Dec. in the same year (Gent. Mag. 1798, ii. 1153).

[Gent. Mag. 1856, new ser. i. 509; Redgrave's Dict. of Artists; Sandby's Hist. of Royal Acad. i. 379; Royal Academy Catalogues.]  WESTMACOTT, RICHARD (1799–1872), sculptor, the eldest son of Sir Richard Westmacott [q. v.], by his marriage with Dorothy Margaret Wilkinson, was born in London in 1799. He originally desired to become a barrister, but yielded to his father's wish that he should enter his studio and be trained as a sculptor. In 1818 he was admitted to the school of the Royal Academy. In 1820 his father sent him to Italy, where he remained six years, studying ancient sculpture and its history. On his return he resided in his father's house, 14 South Audley Street, till 1830, when he removed to 21 Wilton Place. In 1827 he exhibited his first statue at the Royal Academy, ‘Girl with a Bird.’ This was followed in 1829 by six works, statues of ‘A Reaper’ and ‘Girl with a Fawn,’ and four portrait-busts. In 1830 he exhibited ‘The Guardian Angel;’ in 1831 ‘Venus carrying off Ascanius,’ for the Earl of Ellesmere, for whom he also executed ‘Venus instructing Cupid,’ exhibited in 1838, ‘The Bluebell,’ and ‘The Butterfly.’ In 1832 he exhibited ‘The Cymbal-player,’ purchased by the Duke of Devonshire; in 1833 ‘Narcissus;’ in 1834 ‘The Pilgrim’ and ‘Hope;’ in 1837 ‘Mercury presenting Pandora to Prometheus’ and ‘Wycliffe Preaching’ (for Lutterworth church); in 1838 ‘Paolo and Francesca’ for the Marquis of Lansdowne. In that year Westmacott was elected an associate of the Royal Academy, of which he became a full member in 1849. From 1840 onwards till 1855, when he retired from his profession and ceased to exhibit, he was engaged principally on portrait statues and busts and monumental sculpture. The more interesting of his busts were those of John Henry Newman, 1841; Lord John Russell, 1843; Sir Francis Burdett, 1845; Sir Roderick Murchison, 1848. Other subjects were ‘Ariel,’


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76 the shore we saw a circular group of natives around a fire on the beach, sitting on their heels in the stoical Indian way. We landed and came up to them. Not one of them deigned to rise or show any excitement at our coming. The eight or nine men who formed the group were all dressed in colored four- dollar blankets, with the exception of one, who had on a ragged fragment of a filthy, two-dollar, Hudson Bay blanket. The back of this man was towards us, and after speaking to the chief, Muir and I crossed to the other side of the fire, and saw his face. It was the white man, and the ragged blanket was all the clothing he had upon him! An effort to open conversation with him proved futile. He answered only with grunts and mumbled monosyllables. Thus the most filthy, degraded, hopelessly lost savage that we found

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 CORRESPONDENCE.

SHOULD FOLK-TALES BE TERMED MODERN?

To the Editor of.

,—In controverting the views of Messrs. Newell and Jacobs with regard to their belief in the modern origin of folk-tales Mr. Nutt seems to have swept away simultaneously the right to term them modern at all. In this I venture to think he has gone too far.

Every tale has a certain individuality of its own, in so far as it consists of a definite number of particular incidents. Eliminate one or more of these, or add a new one, and the tale immediately loses its original personality, and is transformed into a fresh variant with a new form.

It is matter of judgment, varying in each particular case, how long any set form of words can be handed down orally without material change. But certainly the time has a limit. A tale consisting of from ten to fifteen incidents, some of them but loosely attached to the thread of the plot, cannot, it seems to me, have any inordinate length of life without undergoing appreciable alteration. In a hundred years it will have lost or gained somewhat, and so on with each receding century. Should the type it belongs to consist of only two incidents, as in the Cinderella groups, the tale in some form or other might remain a variant for many, perhaps for ten or more, centuries. But here, too, there must be an ultimate limit, though it is impossible to fix it.

Now, if this is true, and the word "modern" is taken to include a period of about 500 years, it appears reasonable and proper to apply the term modern to all tales placed on


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United States Code/Title 42/Chapter 85/Section 7509a

§ 7509a. International border areas CAA § 179B

(a) Implementation plans and revisions
Notwithstanding any other provision of law, an implementation plan or plan revision required under this chapter shall be approved by the Administrator if—
 * (1) such plan or revision meets all the requirements applicable to it under the chapter other than a requirement that such plan or revision demonstrate attainment and maintenance of the relevant national ambient air quality standards by the attainment date specified under the applicable provision of this chapter, or in a regulation promulgated under such provision, and
 * (2) the submitting State establishes to the satisfaction of the Administrator that the implementation plan of such State would be adequate to attain and maintain the relevant national ambient air quality standards by the attainment date specified under the applicable provision of this chapter, or in a regulation promulgated under such provision, but for emissions emanating from outside of the United States.

(b) Attainment of ozone levels
Notwithstanding any other provision of law, any State that establishes to the satisfaction of the Administrator that, with respect to an ozone nonattainment area in such State, such State would have attained the national ambient air quality standard for ozone by the applicable attainment date, but for emissions emanating from outside of the United States, shall not be subject to the provisions of section 7511 (a)(2) or (5) of this title or section 7511d of this title.

(c) Attainment of carbon monoxide levels
Notwithstanding any other provision of law, any State that establishes to the satisfaction of the Administrator, with respect to a carbon monoxide nonattainment area in such State, that such State has attained the national ambient air quality standard for carbon monoxide by the applicable attainment date, but for emissions emanating from outside of the United States, shall not be subject to the provisions of section 7512 (b)(2) or (9) of this title.

(d) Attainment of PM–10 levels
Notwithstanding any other provision of law, any State that establishes to the satisfaction of the Administrator that, with respect to a PM–10 nonattainment area in such State, such State would have attained the national ambient air quality standard for carbon monoxide by the applicable attainment date, but for emissions emanating from outside the United States, shall not be subject to the provisions of section 7513 (b)(2) of this title.


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Rh in this whole voyage was a college graduate of great New England stock! "Lift a stone to mountain height and let it fall," said Muir, "and it will sink the deeper into the mud." At Angoon, one of the towns of the Hootz-noo tribe, occurred an incident of another type. We found this village hilariously drunk. There was a very stringent prohibition law over Alaska at that time, which absolutely forbade the importation of any spirituous liquors into the Territory. But the law was deficient in one vital respect—it did not prohibit the importation of molasses; and a soldier during the military occupancy of the Territory had instructed the natives in the art of making rum. The method was simple. A five-gallon oil can was taken and partly filled with molasses as a base; into that alcohol was placed

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 Rh record for the first time within the last few centuries. For, in speaking of them, we mean—not tales in the abstract, but—concrete tales with a definite form at a known and not very remote date: a form which cannot possibly exist unmodified for an unlimited period. To call the existing races of mankind modern does not in the least prejudice any views one may hold as to the antiquity of man, and the same applies to folk-tales.

[I had certainly no intention of denying to the folk-tale the capacity for development, whether of motive, incident, or style, within the period defined as modern by Mr. Abercromby, and I thank him for the opportunity of removing any misconception as to my meaning. I not only admit the capacity; but the fact that it has been exercised considerably, and increasingly of late years, seems to me the strongest argument against the recent origin of the archaic elements of the folk-tale.

I can the more easily understand my having laid myself open to misapprehension on Mr. Abercromby's part, as I misunderstood his letter in one important respect. It seemed to me to postulate an archetype for each tale, all later versions of which are departures from the purity of the original standard. On my urging objections to this view, he wrote: "I demur to being credited with believing in a single archetype from which all others of the same type have sprung. On the contrary, I regard the type merely as the fundamental incidents common to a group of tales which may have had half a dozen or more origins"—a statement with which I find myself in complete accord.

It is evident that misapprehension is likely to arise from the ambiguity of the word "modern". This may be used as simply equivalent to chronologically recent; but such usage seems to me to ignore the current significance of the word. When we speak of modern culture we certainly do not mean the culture of the Matabele, the Chinese, or the


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78 (if it were obtainable), dried apples, berries, potatoes, flour, anything that would rot and ferment; then, to give it the proper tang, ginger, cayenne pepper and mustard were added. This mixture was then set in a warm place to ferment. Another oil can was cut up into long strips, the solder melted out and used to make a pipe, with two or three turns through cool water,—forming the worm, and the still. Talk about your forty-rod whiskey—I have seen this "hooch," as it was called because these same Hootz-noo natives first made it, kill at more than forty rods, for it generally made the natives fighting drunk. Through the large company of screaming, dancing and singing natives we made our way to the chief’s house. By some miracle this majestic-looking savage was sober. Perhaps he felt it incumbent upon him

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 1841; ‘The Soul enslaved by Sin,’ a relief, 1847; ‘Go and sin no more,’ 1850; ‘David,’ 1852. Westmacott exhibited in all eighty-two works at the Royal Academy, in addition to four at the British Institution.

Westmacott's only important public work in London was the sculpture in the pediment of the west front of the Royal Exchange, erected 1842–4. The recumbent statue of Archbishop Howley in the choir of Canterbury Cathedral, exhibited at the Royal Academy in 1850, is the most important of his monuments.

In 1857 he succeeded his father as professor of sculpture at the Royal Academy, and held that office till 1867. He was a fellow of the Royal Society, to which he was elected on 25 May 1837, and was well known as a writer and lecturer on art, contributing articles on sculpture to the ‘Encyclopædia Metropolitana,’ the ‘English Encyclopædia,’ and the ‘Penny Cyclopædia.’ He published ‘The Handbook of Ancient and Modern Sculpture’ in 1864, and several pamphlets. ‘Outlines to Illustrate a Moral Allegory, entitled “The Fighte of Freewille,”’ eight plates, engraved from Westmacott's designs, with descriptive text, appeared in 1839.

Westmacott retired from the Royal Academy about a year before his death, which took place at 1 Kensington Gate, Hyde Park, on 19 April 1872.

[Redgrave's Dict. of Artists; Sandby's Hist. of Royal Academy, ii. 197; Royal Academy Catalogues.]  WESTMEATH,. [See, first earl, 1583-1642; , second earl, d. 1684;, fourth earl, 1650-1752; , fifth earl, 1672-1754.]

WESTMINSTER, Marquises of. [See, first marquis, 1767-1845; , second marquis, 1795-1869.]

WESTMINSTER, MATTHEW, is an imaginary name given to a supposed author of a chronicle called ‘Flores Historiarum;’ it is affixed to a manuscript of the ‘Flores,’ probably written early in the fifteenth century for Henry le Despenser [q. v.], bishop of Norwich, and now in the British Museum, Cottonian MS. Claud. E. 8 ff. 14–236, which begins ‘Incipit prologus in librum qui Flores Historiarum intitulatur, secundum Mathæum Monachum Westmonasteriensem.’ As early as 1826 Sir Francis Palgrave described Westminster as ‘a phantom who never existed’ (Quarterly Review, 1826, . i. 250). Sir T. D. Hardy, in the introduction to ‘Monumenta Historica Britannica,’ 1848, p. 7, spoke of him as ‘a supposed person,’ but wrote somewhat uncertainly. Sir F. Madden in the preface to his edition of Matthew Paris's ‘Historia Anglorum’ (1866, vol. i. pp. xxi sq.) pointed out that the name Matthew Westminster was fictitious, Westminster being taken from the abbey to which the ‘Flores’ belonged, and Matthew being borrowed from Matthew Paris, whom he erroneously believed to have been the author of the earlier part of the chronicle, and the actual transcriber of the earliest manuscript of it. Nevertheless, Hardy in his ‘Descriptive Catalogue of Manuscripts’ (1871, iii. 313 sq.) was unwilling to allow that there was no such person as Westminster; and Luard in his edition of the ‘Chronica Majora’ (1872, i. pref. xxi n.) was unable to reject the claim made for ‘Matthew, a monk of Westminster,’ to the authorship of the ‘Flores.’ Luard, however, in his edition of the ‘Flores,’ prefaces to vols. i. and iii. 1890, finally settled the question, proving by a masterly exposition of the history of the book and the character and composition of each portion of it, that Matthew Westminster was an imaginary name given to a person that never existed, and that the ‘Flores’ was partly compiled and partly composed by various writers at St. Albans and Westminster.

The ‘Flores’ was first printed by Archbishop Parker, as the work of Matthew Westminster, in 1567, from a manuscript written at Merton early in the fourteenth century, and now belonging to Eton College, except an addition for 1307, which is taken from Trivet's ‘Annales;’ this edition is fairly faithful. Parker, having meanwhile become acquainted with some other manuscripts of the ‘Flores’ and with Matthew Paris's ‘Chronica Majora,’ put out a second edition in 1570, in which he made insertions from other books, and specially from the work of Paris. The edition published at Frankfort in 1601 is a reprint of that of 1570. Luard's edition of the ‘Flores’ in ‘Chronicles and Memorials of Great Britain,’ 1890, 3 vols., is founded chiefly on the earliest manuscript of the work, the Chetham MS. (Manchester) 6712, collated with that belonging to Eton, and gives the whole work, which ends at 1325, the earlier editions ending with 1307. He accordingly printed for the first time the part from 1307 to 1325, written by Robert of Reading, a monk of Westminster, who died in 1325, an original and contemporary authority for the reign of Edward II.


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 80 Connemara peasant—we mean the culture of the most advanced sections of the most advanced races. Using the word in this sense, I think it may be confidently asserted that folk-tales are not modern, any more than the typical peasant story-teller is a typical "modern" man or woman. To avoid ambiguity, the first desideratum of argument, it seems to me undesirable to use modern in a simply chronological sense.

May I use the analogy of the last sentence in Mr. Abercromby's letter to strengthen my argument against Mr, Newell and Mr. Jacobs? I am not aware that anyone regards the social, intellectual, and moral characteristics by which the savage or the peasant differs from the educated man of civilisation, as of recent origin or as due to degradation from a higher type of culture; yet such is the view which commends itself to certain scholars in respect to the products of savage or peasant fancy.]

IRISH FOLK-LORE.

To the Editor of.

,—In connection with Professor Haddon's article on Irish Folk-lore, in the September number of your Journal, the following item may be of some interest. There is a ghostly coach which drives through the streets of Tullamore—never seen, but heard quite distinctly; in fact, my informant, of whose truthfulness there cannot be the slightest question, told me that she had herself, while standing at the open window, heard the rolling past of heavy wheels, but of coach, horses, or driver, neither she nor anyone else had ever had light or sight.

. 36, Royal Crescent, Notting Hill,

December, 1893.


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Rh as host not to partake himself of the luxuries with which he regaled his guests. He took us hospitably into his great community house of split cedar planks with carved totem poles for corner posts, and called his young men to take care of our canoe and to bring wood for a fire that he might feast us. The wife of this chief was one of the finest looking Indian women I have ever met,—tall, straight, lithe and dignified. But, crawling about on the floor on all fours, was the most piteous travesty of the human form I have ever seen. It was an idiot boy, sixteen years of age. He had neither the comeliness of a beast nor the intellect of a man. His name was Hootz-too (Bear Heart), and indeed all his motions were those of a bear rather than of a human being. Crossing the floor with the swinging gait of a bear, he would crouch

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Insurance Company v. Norton/Dissent Strong

MR. JUSTICE SWAYNE, MR. JUSTICE FIELD, and MR. JUSTICE STRONG dissented.

MR. JUSTICE STRONG.

I dissent from the judgment given in this case. The insurance effected by the policy became forfeited by the non-payment ad diem of the premium note. The policy then ceased to be a binding contract. It was so expressly stipulated in the instrument. Admitting that the company could afterwards elect to treat the policy as still in force, or, in other words, could waive the forfeiture, the local agent could not, unless he was so authorized by his principals. The policy declared that agents should not have authority to make such waivers. And there is no evidence in this case that the company gave to the agent parol authority to waive a forfeiture after it had occurred. They had ratified his acts extending the time of payment of premium notes, when the extension was made before the notes fell due. But no practice of the company sanctioned any act of its agent done after a policy had expired, by which new life was given to a dead contract.


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United States Code/Title 42/Chapter 85/Section 7511d

§ 7511d. Enforcement for Severe and Extreme ozone nonattainment areas for failure to attain CAA § 185

(a) General rule
Each implementation plan revision required under section 7511a (d) and (e) of this title (relating to the attainment plan for Severe and Extreme ozone nonattainment areas) shall provide that, if the area to which such plan revision applies has failed to attain the national primary ambient air quality standard for ozone by the applicable attainment date, each major stationary source of VOCs located in the area shall, except as otherwise provided under subsection (c) of this section, pay a fee to the State as a penalty for such failure, computed in accordance with subsection (b) of this section, for each calendar year beginning after the attainment date, until the area is redesignated as an attainment area for ozone. Each such plan revision should include procedures for assessment and collection of such fees.

(1) Fee amount

 * The fee shall equal $5,000, adjusted in accordance with paragraph (3), per ton of VOC emitted by the source during the calendar year in excess of 80 percent of the baseline amount, computed under paragraph (2).

(2) Baseline amount

 * For purposes of this section, the baseline amount shall be computed, in accordance with such guidance as the Administrator may provide, as the lower of the amount of actual VOC emissions (“actuals”) or VOC emissions allowed under the permit applicable to the source (or, if no such permit has been issued for the attainment year, the amount of VOC emissions allowed under the applicable implementation plan (“allowables”)) during the attainment year. Notwithstanding the preceding sentence, the Administrator may issue guidance authorizing the baseline amount to be determined in accordance with the lower of average actuals or average allowables, determined over a period of more than one calendar year. Such guidance may provide that such average calculation for a specific source may be used if that source’s emissions are irregular, cyclical, or otherwise vary significantly from year to year.

(3) Annual adjustment

 * The fee amount under paragraph (1) shall be adjusted annually, beginning in the year beginning after 1990, in accordance with section 7661a (b)(3)(B)(v) of this title (relating to inflation adjustment).

(c) Exception
Notwithstanding any provision of this section, no source shall be required to pay any fee under subsection (a) of this section with respect to emissions during any year that is treated as an Extension Year under section 7511 (a)(5) of this title.

(d) Fee collection by Administrator
If the Administrator has found that the fee provisions of the implementation plan do not meet the requirements of this section, or if the Administrator makes a finding that the State is not administering and enforcing the fee required under this section, the Administrator shall, in addition to any other action authorized under this subchapter, collect, in accordance with procedures promulgated by the Administrator, the unpaid fees required under subsection (a) of this section. If the Administrator makes such a finding under section 7509 (a)(4) of this title, the Administrator may collect fees for periods before the determination, plus interest computed in accordance with section 6621 (a)(2) of title 26 (relating to computation of interest on underpayment of Federal taxes), to the extent the Administrator finds such fees have not been paid to the State. The provisions of clauses (ii) through (iii) of section 7661a (b)(3)(C) of this title (relating to penalties and use of the funds, respectively) shall apply with respect to fees collected under this subsection.

(e) Exemptions for certain small areas
For areas with a total population under 200,000 which fail to attain the standard by the applicable attainment date, no sanction under this section or under any other provision of this chapter shall apply if the area can demonstrate, consistent with guidance issued by the Administrator, that attainment in the area is prevented because of ozone or ozone precursors transported from other areas. The prohibition applies only in cases in which the area has met all requirements and implemented all measures applicable to the area under this chapter.


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80 back on his haunches and resume his constant occupation of sucking his wrist, into which he had thus formed a livid hole. When disturbed at this horrid task he would strike with the claw-like fingers of the other hand, snarling and grunting. Yet the beautiful chieftainess was his mother, and she loved him. For sixteen years she had cared for this monster, feeding him with her choicest food, putting him to sleep always in her arms, taking him with her and guarding him day and night. When, a short time before our visit, the medicine men, accusing him of causing the illness of some of the head men of the village, proclaimed him a witch, and the whole tribe came to take and torture him to death, she fought them like a lioness, not counting her own life dear unto her, and saved her boy.

When I said to her thoughtlessly,

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United States Code/Title 42/Chapter 85/Section 7511e

§ 7511e. Transitional areas CAA § 185A

If an area designated as an ozone nonattainment area as of November 15, 1990, has not violated the national primary ambient air quality standard for ozone for the 36-month period commencing on January 1, 1987, and ending on December 31, 1989, the Administrator shall suspend the application of the requirements of this subpart to such area until December 31, 1991. By June 30, 1992, the Administrator shall determine by order, based on the area’s design value as of the attainment date, whether the area attained such standard by December 31, 1991. If the Administrator determines that the area attained the standard, the Administrator shall require, as part of the order, the State to submit a maintenance plan for the area within 12 months of such determination. If the Administrator determines that the area failed to attain the standard, the Administrator shall, by June 30, 1992, designate the area as nonattainment under section 7407 (d)(4) of this title.


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Rh "Oh, would you not be relieved at the death of this poor idiot boy?" she saw in my words a threat, and I shall never forget the pathetic, hunted look with which she said:

"Oh, no, it must not be; he shall not die. Is he not my son, uh-yeet-kutsku (my dear little son)?" If our voyage had yielded me nothing but this wonderful instance of mother-love, I should have counted myself richly repaid. One more human story before I come to Muir's part. It was during the latter half of the voyage, and after our discovery of Glacier Bay. The climax of the trip, so far as the missionary interests were concerned, was our visit to the Chilcat and Chilcoot natives on Lynn Canal, the most northern tribes of the Alexandrian Archipelago. Here reigned the proudest and worst old savage of Alaska, Chief Shathitch. His

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82 wealth was very great in Indian treasures, and he was reputed to have cached away in different places several houses full of blankets, guns, boxes of beads, ancient carved pipes, spears, knives and other valued heirlooms. He was said to have stored away over one hundred of the elegant Chilcat blankets woven by hand from the hair of the mountain goat. His tribe was rich and unscrupulous. Its members were the middle-men between the whites and the Indians of the Interior. They did not allow these Indians to come to the coast, but took over the mountains articles purchased from the whites—guns, ammunition, blankets, knives and so forth—and bartered them for furs. It was said that they claimed to be the manufacturers of these wares and so charged for them what prices they pleased. They had these Indians of the Interior in a bondage of

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United States Code/Title 42/Chapter 85/Section 7511f

§ 7511f. NOx and VOC study CAA § 185B

The Administrator, in conjunction with the National Academy of Sciences, shall conduct a study on the role of ozone precursors in tropospheric ozone formation and control. The study shall examine the roles of NOx and VOC emission reductions, the extent to which NOx reductions may contribute (or be counterproductive) to achievement of attainment in different nonattainment areas, the sensitivity of ozone to the control of NOx, the availability and extent of controls for NOx, the role of biogenic VOC emissions, and the basic information required for air quality models. The study shall be completed and a proposed report made public for 30 days comment within 1 year of November 15, 1990, and a final report shall be submitted to Congress within 15 months after November 15, 1990. The Administrator shall utilize all available information and studies, as well as develop additional information, in conducting the study required by this section.


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Rh fear, and would not allow them to trade directly with the white men. Thus they carried out literally the story told of Hudson Bay traffic,—piling beaver skins to the height of a ten-dollar Hudson Bay musket as the price of the musket. They were the most quarrelsome and warlike of the tribes of Alaska, and their villages were full of slaves procured by forays upon the coasts of Vancouver Island, Puget Sound, and as far south as the mouth of the Columbia River. I was eager to visit these large and untaught tribes, and establish a mission among them. About the first of November we came in sight of the long, low-built village of Yin-des-tuk-ki. As we paddled up the winding channel of the Chilcat River we saw great excitement in the town. We had hoisted the American flag, as was our custom, and had put on our best

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Page:Dictionary of National Biography volume 60.djvu/364

  [Flores Hist. ed. Luard; Chron. Maj. ed. Luard; Hist. Anglorum, ed. Madden; Hardy Cat. of MSS. (all Rolls Ser.).]  WESTMORELAND,. [See, fifth baron, 1333-1389; , sixth baron, d. 1391?;, tenth baron, 1455?-1523; , eleventh baron, 1493-1542; , twelfth baron, d. 1570.]

WESTMORLAND,, [See , first earl of first creation, 1364-1425;, fourth earl, 1499-1530; , second earl of second creation, d. 1685;, seventh earl, 1682?-1762; , tenth earl, 1759-1841;, eleventh earl, 1784-1859.]

WESTMORLAND,. [See, 1793-1879.]

WESTON, EDWARD (1566–1635), Roman catholic controversialist, son of William Weston of Lincoln College, Oxford, and afterwards a member of Lincoln's Inn, by his wife, daughter of John Story [q. v.], was born in London in 1566. Hugh Weston [q. v.] was his great-uncle. Edward matriculated from Lincoln College, Oxford, on 20 March 1578–9 (, Alumni Oxon. 1500–1714). Afterwards he was put under the tuition of Dr. John Case, who, with license from the university, read to scholars logic and philosophy in his house in the parish of St. Mary Magdalen. Wood states that, under him, Weston ‘profited in several sorts of learning to a miracle, became a good disputant, and very well read in philosophical authors,’ but, after he had spent at least five years at Oxford, his parents, who were Roman catholics, took him from the university and sent him to France, where for a short time he settled in the English College at Rheims. Thence he was sent on 8 March 1584–5 to the English College at Rome, where he spent six years in studying philosophy and theology, and was ordained priest. He was created D.D. by the university of Monreale. Then he returned to Rheims, where, on 3 Nov. 1592, he began a course of lectures on cases of conscience. In 1593 the college was removed to Douay, where Weston lectured in divinity for about ten years. Afterwards he laboured on the mission in England, returning to Douay on 23 Sept. 1612. He maintained a correspondence with Cardinal Bellarmin, who held him in the highest esteem. His ‘exquisite writings’ gained for him so great a reputation that he was called from Douay and made canon of the collegiate church of St. Mary at Bruges, where, according to Duthillœul, he died in 1635.

His works are: 1. ‘De triplici Hominis Officio, ex notione ipsius Naturali, Morali, ac Theologica; Institutiones orthodoxæ, contra Atheos, Politicos, Sectarios,’ Antwerp, 1602, 4to. 2. ‘Juris Pontificii Sanctuarium. Defensum ac propugnatum contra Rogerii Widdringtoni in Apologia & Responso Apologetico Impietatem’ [Douay], 1613, 8vo. 3. ‘The Triall of Christian Truth by the Rules of the Vertues, namely these principall, Faith, Hope, Charitie, and Religion; serving for the discoverie of Heresie, and Antichrist in his Forerunners and Misteries of Iniquitie,’ Douay, 1614–15, 3 vols. 4to. 4. ‘Probatio, seu Examen Veritatis Christianæ,’ Douay, 1614, 4to. 5. ‘The Repaire of Honour, falsely impeached by Featlye, a minister; wherein (by occasion) the Apostles disciple S. Ignatius his religion, against Protestantisme, is layd open,’ Bruges, 1624, 8vo. 6. ‘Theatrum Vitæ civilis ac sacræ: sive de Moribus Reipub. Christianæ Commentaria,’ in 5 books, Bruges, 1626, fol. 7. ‘Jesu Christi Domini nostri Coruscationum, simulque earum vi dictorum, factorumque quarumdam Personarum, eodem Christo præsente, in Evangelica Historia recensitorum, Enarrationes philosophicæ, theologicæ, historicæ,’ Antwerp, 1631, fol.

[Bodleian Cat.; Dodd's Church Hist. iii. 96; Duthillœul's Bibl. Douaisienne, 1842, pp. 374, 375; Foley's Records, vi. 508; Records of the English Catholics, i. 445; Wood's Athenæ Oxon. ed. Bliss, ii. 573.]  WESTON, EDWARD (1703–1770), didactic writer, second son of Stephen Weston [q. v.], bishop of Exeter, was born at Eton in 1703. He was educated at Eton and at King's College, Cambridge, where he was admitted in 1719, graduating B.A. in 1723 and M.A. in 1727. Horace Walpole states that he went in 1725 to Bexley in Kent with his cousins, ‘the four younger sons of Lord Townshend, and with a tutor, Edward Weston … and continued there some months.’ Next summer he had the same education at Twickenham, ‘and the intervening winters he went every day to study under Mr. Weston at Lord Townshend's’ (, Walpole Letters, vol. i. p. lxi). The first date is probably a misprint for 1723, as Walpole was under Weston's charge in July 1724 (Hist. MSS. Comm. 10th Rep. App. p. 239), and certainly remained so until September 1726 (ib. p. 240).

Weston was secretary to Lord Townshend during the king's residence at Hanover in 1729, and, on his retirement from office, lost


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 LATE Eaanrou A. .mNN|NGs. 569

Anatomist; but which, -I regret to add, he could obtain no encouragement to publish.

But Mr. .Iennings's professional exertions now began to suffer grievous interruptions, against which he struggled with inconceivable fortitude, until his physical frame could endure no more. In the spring of IS34, he was unfortunately attacked with continued fevcr, in a very severe form, complicated in its course with icterus, erysipelas, and local inflammations. During this illness he was attended by his valued friend Mr. D'Arcy Boulton, and by myself. His recovery was long doubtful; and his sufferings were considerable, The' nervous and gastro-intestinal systems were most gravely implicated, and his convalescence was excessively protracted, if, indeed, it could 'ever be said to be complete. Yet before the meeting of the Association at Birmingham in that year, he had revised all his Experiments on the Chemistry of the Blood, as illustrative of Pathology, and had been able to draw up the greater part of the Report on that subject, published in the third vol. of these Transactions. Being too feeble to read it at the meeting, that friendly office was kindly undertaken by Dr. Streeten of Worcester. From this time, or almost from this time, until his


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84 apparel for the occasion. When we got within long musket-shot of the village we saw the native men come rushing from their houses with their guns in their hands and mass in front of the largest house upon the beach. Then we were greeted by what seemed rather too warm a reception—a shower of bullets falling unpleasantly around us. Instinctively Muir and I ceased to paddle, but Tow-a-att commanded, "Ut-ha, ut-ha!—pull, pull!" and slowly, amid the dropping bullets, we zigzagged our way up the channel towards the village. As we drew near the shore a line of runners extended down the beach to us, keeping within shouting distance of each other. Then came the questions like bullets—"Gusuwa-eh?—Who are you? Whence do you come? What is your business here?" And Stickeen John shouted back the reply:

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 ‘a very generous friend and patron.’ In May 1730 he offered his services to Lord Harrington, and when that peer was made secretary of state for the northern department, Weston became under-secretary, remaining in that position until 1746. He was appointed on 8 Sept. 1741 editor of the ‘London Gazette,’ with a salary of 500l. per annum, and held that post until his death. In November 1746 Harrington went to Ireland as lord lieutenant, and Weston accompanied him as chief secretary, and was created a privy councillor for Ireland. He remained there until 1751, and then through ill-health went into retirement for ten years. He had purchased from his relative, Mr. Rossiter, the parish of Somerby, and the greater part of the next parish of Searby, in Lincolnshire.

At Lord Bute's earnest request, Weston, ‘a very able, worthy, good man,’ returned in March 1761 to his old post in the northern department. He was a clerk of the signet, and was allowed to perform his duties by deputy (Home Office Papers, 1760–5, p. 100). In August 1762 he received a grant for thirty-one years of the office of alnager in Ireland, and next August resigned it, on receiving a pension of 500l. per annum for the same period (ib. pp. 251, 376). On 1 Sept. in that year he was appointed one of the commissioners to execute the office of privy seal (ib. p. 237). In July 1763 he addressed a letter to George Grenville on his ill-health and his sole reward ‘of 275l. per annum, with the honourable title of gazetteer’ in the secretary's department. He then served under Lord Halifax in the southern department, and recommended the issue of a general warrant against Wilkes (, Lit. Anecdotes, ii. 280). Next May his health broke down, and he retired from office, a pension of 750l. per annum being granted to him for his services. He died at Buxton on 15 July 1770, and was buried at Somerby, Lincolnshire, where a monument records his memory. He married, early in 1730, Penelope, granddaughter of Bishop Patrick, and eldest daughter and coheiress of the Rev. Symon Patrick of Dalham, Suffolk, by Anne, daughter of Thomas Fountayne of Melton, Yorkshire. His second wife was Anne, younger daughter of John Fountayne of Melton. Both his wives were nieces of Mrs. Sherlock, wife of the bishop of London. Weston had several children.

Junius, under the impression that Weston was the author of ‘A Vindication of the Duke of Grafton,’ assailed him in his tenth letter, calling him ‘comptroller of the salt office, a clerk of the signet, and a pensioner on the Irish establishment;’ but Weston denied the authorship. He also disclaimed in 1769 a pamphlet entitled ‘The Political Conduct of the Earl of Chatham.’

Weston was the author of: 1. ‘The Englishman directed in the Choice of his Religion’ (anon.), 1740; 4th edit. (anon.) 1767. 2. ‘The Country Gentleman's Advice to his Son on coming of age’ (anon.), 1755. 3. ‘The Country Gentleman's Advice to his Neighbours’ (anon.), 1755; 3rd edit. by Edward Weston; with letter to bishop of London, 1756; 4th edit., with second addition to letter, 1756. 4. ‘Family Discourses by a Country Gentleman’ (anon.), 1768; 2nd edit. by the late Edward Weston, 1776. The second edition was edited by his son, Charles Weston, prebendary of Durham. Weston wrote on the Jew bill (1753), and replied to Bishop Warburton (Letters to Hurd, 1759, in 2nd edit. pp. 280, 284). He was a good classical scholar, and composed a Latin ode on the marriage of George III. The long epitaph in Fulham churchyard on Bishop Sherlock was drawn up by him.

[Harwood's Alumni Eton. p. 300; Notes and Queries, 4th ser. i. 124, ii. 453–4; Nichols's Lit. Anecd. iii. 216, ix. 494; Junius, ed. 1812, i. 121–5; Halkett and Laing's Anon. Literature, i. 522, 763, ii. 889; Grenville Papers, i. 360, ii. 79–80, iv. 468, 476–7. His papers, the property of Mr. Weston Underwood, his descendant, are calendared in the Hist. MSS. Comm. 10th Rep. pp. 9–13, and App. pp. 199–520. Many of his letters are in the Newcastle and Titley Corresp. British Museum. Information has kindly been supplied by Mr. Weston Underwood.]  WESTON, ELIZABETH JANE (1582–1612), learned lady, was born in London on 2 Nov. 1582. Her father may possibly have been a member of a Surrey family—at least Fuller places Elizabeth Weston among his Surrey worthies because he found ‘an ancient and worshipful family of the Westons flourishing at Sutton’ (cf. Worthies of England, 1662, Surrey, p. 87). Either as a zealous catholic or a political rebel Elizabeth's father lost his property, and was forced to leave England. His wife, son, and daughter Elizabeth went with him. They passed to Bohemia, where they obtained help from influential persons, and, after a short stay at Prague, were able to purchase a house and some land at Brüx. But the father, who was fond of pleasure, found many excuses for visiting Prague, and soon fell into debt. His sudden death in the autumn of 1597 left his widow and two children almost destitute. The creditors having appropriated more than was rightly their due, Mrs. Weston and her young


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Rh "A great preacher-chief and a great ice-chief have come to bring you a good message."

The answer was shouted back along the line, and then returned a message of greeting and welcome. We were to be the guests of the chief of Yin-des-tuk-ki, old Don-na-wuk (Silver Eye), so called because he was in the habit of wearing on all state occasions a huge pair of silver-bowed spectacles which a Russian officer had given him. He confessed he could not see through them, but thought they lent dignity to his countenance. We paddled slowly up to the village, and Muir and I, watching with interest, saw the warriors all disappear. As our prow touched the sand, however, here they came, forty or fifty of them, without their guns this time, but charging down upon us with war-cries, "Hoo-hooh, hoo-hooh," as

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Weston daughter went to Prague to try and gain restitution by enlisting the sympathy of the Emperor Rudolph II. The son had been for some years a student at the university of Ingolstadt, where he died on 4 Nov. 1600. In spite of her extreme youth, Elizabeth succeeded, through her personal attractions and a moving set of Latin verses, in interesting influential persons in her troubles. Heinrich von Pisnitz, the vice-chancellor of Bohemia, and the learned Canon Georg Barthold Pontanus von Braitenberg gave Mrs. Weston and her daughter every assistance, and in 1603 they won their suit.

Meanwhile Elizabeth had been composing Latin verses and corresponding with some of the foremost humanists of the day, who were loud in the praises of her scholarship. Scaliger spoke of her as miraculum virtutum, Heinsius as Deabus æqualem, Gernadius as decimam musarum, and Paul Melissus sent her a laurel wreath. Other of her correspondents were Justus Lipsius and Janus Dousa. In 1602 a Silesian noble, Georg Martin von Baldhoven, collected her scattered poems, and printed them at his own cost at Frankfort-on-the-Oder. About that time she married the jurist Johann Leon, agent at the imperial court for the Duke of Brunswick and the Prince of Anhalt, and had issue four sons (who predeceased her) and three daughters. She died at Prague on 23 Nov. 1612, and was buried in the cloisters of the abbey church of St. Thomas in that town. On the tomb is an extremely eulogistic Latin epitaph.

She was an accomplished linguist, speaking and writing perfectly the English, German, Greek, Latin, Italian, and Czech languages. She spoke chiefly German, and wrote always, whether in prose or verse, in Latin. Her poems consist of addresses to princes, among them James I of England, who, it is said, had recommended her case to the emperor; together with epigrams, translations from Æsop, and epistles to friends. English scholars thought highly of her performances. Farnaby ranked her with Sir Thomas More and the best Latin poets of the day. Evelyn mentioned her Latin poem in praise of typography (cf. Numismata, 1697, p. 264).

Her collected poems are entitled ‘Parthenicon | Elisabe|thæ Joannæ Westoniæ | Virginis nobilissimæ, poëtriæ flo|rentissimæ, linguarum plurima|rum peritissimæ, | Liber i | opera ac studio | G. Mart. à Baldhoven | Sil. collectus: & nunc denuò | amicis desiderantibus | communicatus. |’ Books ii. and iii. have fresh but much shortened title-pages, and at the end of book iii. is a list of learned women, beginning with Deborah and ending with Elizabeth Weston. Some of the editions are very rare. One in the British Museum (Cat. s.v. ‘Westonia’), printed in 1605 or 1606 at Prague, has on the flyleaf at the beginning some manuscript verses in a beautiful caligraphy, addressed ad lectorem, and signed ‘Elisabetha Joanna uxor Joannis Leonis,’ with the date 16 Aug. 1610; a few verses in manuscript are to be found here and there in the volume. Another rare edition (also in the British Museum) is that printed at Frankfurt in 1723. The editor, J. L. Kalckhoff, added a Latin preface in ‘memory of the illustrious author, with a description of her life.’ Other editions were printed at Leipzig in 1609, and at Amsterdam in 1712.

An engraved portrait by Balzer appears in Pelcel's account of her life (, Abbildungen Boehmischer und Maehrischer Gelehrten, 1777, iii. 71–7).

[Allgemeine Deutsche Biographie, xlii. 193–196; Schottky's Prag wie es war und wie es ist, 1832, ii. 76–7; Allibone's Dict. iii. 2656; Ballard's Memoirs of Several Ladies of Great Britain, pp. 173–6; Zedler's Univ. Lexikon, 1748, lv. 929.]  WESTON, FRANCIS (1511?–1536), courtier, born about 1515, was the only son of Sir Richard Weston (1466?–1542) [q. v.] In 1526 he was appointed page at court, and frequent notices of him are found among the privy-purse expenses of Henry VIII. Most of these relate to small grants of money to himself and his servants, but others show him to have lived on terms of the closest intimacy with the king. Among these may be mentioned an entry of 6l. ‘paied to my lorde of Rocheford for thuse of Maister Weston for iiij games which he wanne of the kinges grace at Tennes at iiij angelles a game.’ Other losses of the king to Weston at dice, bowls, ‘Imperiall,’ and ‘pope July's game’ are recorded. A contemporary French account lays stress on Weston's skill at games, which, together with his ‘bonnes meurs et graces,’ caused him to be extremely popular. In 1532 he was appointed gentleman of the privy chamber; in the next year the office of governor of Guernsey was granted to him and to his father in survivorship. On 31 May of the same year (1533), during the festivities of the coronation of Queen Anne Boleyn, he was created knight of the Bath.

In 1536, however, Sir Francis was compromised by some confessions made by the queen the day after her arrest, and on 4 May was himself arrested and sent to the Tower. He pleaded not guilty at his trial on 12 May,


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86 if they were going to take us prisoners. Dashing into the water they ranged themselves along each side of the canoe; then lifting up our canoe with us in it they rushed with excited cries up the bank to the chief’s house and set us down at his door. It was the Thlinget way of paying us honor as great guests. Then we were solemnly ushered into the presence of Don-na-wuk. His house was large, covering about fifty by sixty feet of ground. The interior was built in the usual fashion of a chief's house—carved corner posts, a square of gravel in the center of the room for the fire surrounded by great hewn cedar planks set on edge; a platform of some six feet in width running clear around the room; then other planks on edge and a high platform, where the chieftain's household goods were stowed and where the family took their


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Rh. A brisk fire was burning in the middle of the room; and after a short palaver, with gifts of tobacco and rice to the chief, it was announced that he would pay us the distinguished honor of feasting us first. It was a never-to-be-forgotten banquet. We were seated on the lower platform with our feet towards the fire, and before Muir and me were placed huge washbowls of blue Hudson Bay ware. Before each of our native attendants was placed a great carved wooden trough, holding; about as much as the washbowls. We had learned enough of Indian etiquette to know that at each course our respective vessels were to be filled full of food, and we were expected to carry off what we could not devour. It was indeed a "feast of fat things." The first course was what, for the Indian, takes the place


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88 of bread among the whites,—dried salmon. It was served, a whole washbowlful for each of us, with a dressing of seal-grease. Muir and I adroitly manœuvred so as to get our salmon and seal-grease served separately; for our stomachs had not been sufficiently trained to endure that rancid grease. This course finished, what was left was dumped into receptacles in our canoe and guarded from the dogs by young men especially appointed for that purpose. Our washbowls were cleansed and the second course brought on. This consisted of the back fat of the deer, great, long hunks of it, served with a gravy of seal-grease. The third course was little Russian potatoes about the size of walnuts, dished out to us, a washbowlful, with a dressing of seal-grease. The final course was the only berry then in season, the long


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 Sir Francis [q. v.] and two daughters, Margaret and Katherine.

[Letters and Papers of Henry VIII, ed. Brewer and Gardiner, passim; Harrison's Annals of an Old Manor House, pp. 31–65; Manning and Bray's History of Surrey, i. 133, 134.]  WESTON, RICHARD, first (1577–1635), baptised at his mother's home, Chicheley, Buckinghamshire, on 1 March 1576–7, was the eldest son of Sir Jerome Weston of Skreens in Roxwell, Essex, by his first wife, Mary (d. 1593), daughter and coheir of Anthony Cave of Chicheley. According to an elaborate pedigree fabricated for Portland's benefit in 1632 by Henry Lilly [q. v.], then rouge croix, certified by Sir William Segar [q. v.], engrossed on vellum, extant in British Museum Additional MS. 18667, and printed in Erdeswick's ‘Staffordshire’ (ed. Harwood, p. 164), Portland was descended from the ancient family of Weston, represented in the sixteenth century by Robert Weston [q. v.], lord chancellor of Ireland, who is erroneously said to have been brother of Portland's grandfather, (d. 1572), justice of the common pleas. The judge is represented as second son of John Weston of Lichfield by Lady Cecily Neville, but there is no proof that this branch of the Weston family had any connection with Staffordshire; and Morant's statement, that he came from an Essex family, is more probably correct. His grandfather seems to have been William Weston (d. 1515), whose fourth son, John, was father of the judge (see an elaborate examination of the Weston genealogy in, Chesters of Chicheley, pp. 93 sqq.). He was called to the bar at the Middle Temple, where he was reader in the autumn of 1554, and on 10 Oct. 1555 was returned to parliament for Maldon, Essex; on 20 Nov. 1557 he was appointed solicitor-general, was called to the degree of the coif on 24 Jan., and made queen's serjeant on 13 Feb. 1558–9. On 16 Oct. 1559 he was raised to the bench as justice of common pleas, and retained his seat until his death on 6 July 1572. With the proceeds of his lucrative practice he purchased in 1554 Skreens in Roxwell, Essex, which he made the family seat. He was thrice married, and by his first wife, Wiburga, daughter of Thomas Catesby of Seaton, Northamptonshire, was father of Sir Jerome Weston (1550?–1603), high sheriff of Essex in 1599, who married twice, died on 31 Dec. 1603, and was buried at Skreens on 17 Jan. 1603–4.

Sir Jerome's son, Richard, was educated in the legal profession at the Middle Temple, like many of his relatives. According to Clarendon, his education was ‘very good amongst books and men. After some years' study of the law in the Middle Temple, and at an age fit to make observations and reflections … he travelled into foreign parts (Rebellion, bk. i. § 102). On 28 Sept. 1601 he was returned to parliament for his grandfather's old constituency, Maldon, Essex. He was knighted by James I on 23 July 1603, and succeeded his father on 31 Dec. Possibly he was too much occupied with his new property to secure his return for Maldon at the general election in February 1603–4, but on 29 March he was returned at a by-election for Midhurst, Sussex. On 20 Feb. he had been appointed keeper of the king's deer in Windsor Forest, and on 30 May received a further grant of his expenses in building a new lodge there. On 23 Feb. he was granted protection for three months, and on 14 Oct. for six months, possibly when going abroad on some minor diplomatic employment. According to Clarendon, Weston spent most of his father's fortune in attendance at court before being rewarded with any preferment; but it seems unlikely that he was the Sir Richard Weston who was accused of ‘dishonesty towards his majesty’ by Salisbury, and was ‘likely to die of starvation’ in prison in April 1609 (Cal. State Papers, Dom. 1603–10, pp. 503, 553). Probably these notes refer to Sir Richard Weston (1564–1613), the father of Sir Richard Weston (1591–1652) [q. v.] On 22 June 1612 he was recommended for the deputy-lieutenancy of Middlesex; on 1 July 1616 he was granted the collectorship of ‘little’ customs in the port of London (ib. 1611–18, pp. 135, 378); and in January 1617–18 he was an unsuccessful candidate for the chancellorship of the duchy of Lancaster (Court and Times of James I, ii. 61). On 12 Feb., however, on the reorganisation of the naval administration, he was appointed joint commissioner, comptroller, and surveyor of the navy (, Administration of the Navy, 1896, p. 195); in the Short parliament of April–June 1614 he was knight of the shire for Essex (Official Return, App. p. xxxviii; Court and Times of James I, i. 235).

Weston had hitherto been known only as a courtier and a competent man of business, but in June 1620 he was selected for important diplomatic employment. Almost all the branches of the Weston family had retained a secret or open attachment to the Roman catholic religion. Sir Richard was no exception, and with this religious belief went


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 a political sympathy with Spain. He was favourably known to Gondomar, the Spanish ambassador, and it was through his influence that Weston was sent on a mission to the archdukes at Brussels. Sir Edward (afterwards Viscount) Conway [q. v.] was associated with him, and the object of their embassy was to bring about an accommodation of the difficulties arising out of the question of the palatinate, which James I imagined could be done by mere words and his own statecraft. From Brussels they were to pass on to the states of the Rhine, Dresden, and Prague, whence they were to open communications with Sir Henry Wotton [q. v.] at Vienna. The Spaniards naturally did not regard their mission seriously; their protest at Brussels in July against the invasion of the palatinate was disregarded, and the German princes whom they consulted at Oppenheim paid no greater heed to their advice. They arrived at Prague only in time to witness the crushing defeat of the elector palatine by the imperialists on 29 Oct., and a few weeks later were recalled (, iii. 361 sqq.)

Shortly after his return Weston was on 29 Jan. 1620–1 appointed chancellor and under-treasurer of the exchequer, in succession to Sir Fulke Greville, first lord Brooke [q. v.]; about the same time he was sworn of the privy council. He is confused by Doyle with the Sir Richard Weston (see below ad fin.) who was returned for Lichfield to the parliament summoned to meet on 16 Jan. 1620–1, but the chancellor of the exchequer did not enter that parliament until 22 Nov. following, when he succeeded Sir Lionel Cranfield, raised to the peerage, as member for Arundel. In February 1621–2 he was again sent to Brussels, Gondomar once more recommending him as ‘the most appropriate instrument for this affair’ (, i. 511); he was to attend a conference on the question of restoring the palatinate to James I's son-in-law. He set out on 23 April, but he had no instructions from the elector, on whose behalf he was to treat, and a courier despatched on 16 May returned from the elector without the formal powers demanded by the Infanta Isabella. These were procured on 28 June, but Weston's demands for the suspension of hostilities and his threats that England would make war on Mansfeld and Christian if they refused to submit were alike powerless to stay the advance of the imperialists or bring the protestant princes to terms. He was recalled on 15 Sept., and the report on his mission which he presented to the privy council on the 27th is preserved among the Inner Temple records (vol. xlviii.)

The failure of these negotiations and of the Spanish marriage project led Buckingham to press for war with Spain. Weston voted against the war, and was equally opposed to the calling of a parliament which war would involve. Being overruled, he acquiesced in Buckingham's policy, and sat in the parliament summoned to meet on 12 Feb. 1623–4, though his name does not appear in the official return. On the 27th he was selected to deliver to the commons the formal report of Buckingham's narrative of his mission to Spain. From 25 May to 11 Dec. 1624 he was acting treasurer to the exchequer. To the first parliament of Charles I he was returned on 25 April for Callington, Cornwall, and to the second, on 21 Jan. 1625–6, for Bodmin, boroughs under crown influence, in which Weston was probably driven by his general unpopularity to seek refuge. In both these sessions his main function was to obtain supplies from the commons, but in the latter he was also employed in evading the commons' demand for Eliot's release by pretending that his imprisonment was due to offences committed outside parliament. For the next two years Weston's position was one of great difficulty. He disliked the war, but was compelled to find money for the Ré expedition, while it was impossible to wring supplies out of parliament. Nevertheless, by various financial expedients on which Ranke (History of England, ii. 31) passes too high an encomium, Weston managed to pay his way, and on one occasion at least the sailors of the fleet were agreeably surprised by the punctual receipt of their wages (, Administration of the Navy, pp. 234–5).

Weston was not, apparently, returned to the parliament of 1628–9, but on 13 April 1628 he was raised to the peerage as Baron Weston of Neyland. He took his seat at once, and on 17 May he gave its final shape in the House of Lords to the Petition of Right, which by his proposal was reduced to little more than an empty form of words, and was consequently rejected by the commons. The success of the parliamentary opposition rendered necessary some steps towards peace, and on 23 July Weston, the most strenuous advocate of peace, became lord high treasurer. This slippery post had been held by five living treasurers, none of whom had retained it more than a few months, and Clarendon suggests that Weston's removal was only prevented by Buckingham's death on 23 Aug.

Charles now determined to be his own first minister, and no one succeeded to quite the same position that Buckingham had


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Rh fleshy apple of the wild rose mellowed with frost, served to us in the usual quantity with the invariable sauce of seal-grease. "Mon, mon!" said Muir aside to me, "I'm fashed we'll be floppin' aboot i' the sea, whiles, wi' flippers an' forked tails."

When we had partaken of as much of this feast of fat things as our civilized stomachs would stand, it was suddenly announced that we were about to receive a visit from the great chief of the Chilcats and the Chilcoots, old Chief Shathitch (Hard-to-Kill). In order to properly receive His Majesty, Muir and I and our two chiefs were each given a whole bale of Hudson Bay blankets for a couch. Shathitch made us wait a long time, doubtless to impress us with his dignity as supreme chief. The heat of the fire after the wind


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Weston held; but of the ministers who surrounded Charles, Weston obtained the largest share in his confidence, and the greatest influence in the conduct of affairs. The result was at once apparent. Weston was an advocate of peace at any price, and of complete abstention from foreign complications; not because peace was in itself desirable, but because war and a spirited foreign policy required money, and money could only be obtained from parliaments which were apt to prove insubordinate. During peace men were more likely to become rich through commercial development, and, being rich, would be more subservient to the king (cf., v. 446). War, moreover, would only be waged against Spain, and Weston's pro-Spanish proclivities were as marked as his devotion to peace. The same desire to avoid or postpone difficulties—‘quieta non movere’—actuated Weston's domestic policy. It was on his introduction that Wentworth was taken into favour and made a peer, and it was he who dissuaded Charles from erecting a monument to Buckingham, partly from fear of popular resentment and partly because he had no money to spare. In November he announced that the question of tunnage and poundage should be left to parliament, and for some time, under his advice, Charles acted with considerable tact and skill. Weston's own unpopularity was, however, scarcely less than Buckingham's, and ‘dread of assassination haunted him to the last’ (, vii. 128). On 2 March 1628–9 Eliot denounced him in the commons as the prime agent of iniquity, accused him of ‘building upon the old grounds and foundations which were built upon by the Duke of Buckingham, his great master,’ and called for his impeachment. Weston naturally urged the dissolution of parliament, which was not to meet again for eleven years, and probably also the imprisonment of Eliot and the other members. His unpopularity, due partly to the fact that office and power changed his cringing subservience into overbearing rudeness, was mainly owing to a well-founded suspicion that he was at heart a Roman catholic. This did not save him from the hostility of Henrietta Maria, whose lavish demands upon the exchequer he refused to meet; and court intrigues similar to those against Richelieu threatened Weston and led to an understanding between the French and English ministers; but, like Richelieu, Weston could in the last resort rely upon the support of his king.

It was this support that enabled Weston to carry out his pacific policy in face of opposition at court and in the council. In October 1628 he urged the acceptance of Contarini's offer of mediation between France and England, and dissuaded Charles from sending aid to Denmark. In July 1629 he told the king that he would have to summon another parliament unless peace were made with Spain, and he and Cottington were selected to confer, unknown to the rest of the council, with Rubens for that object; Cottington was then sent ambassador to Spain, and Weston's old friend Coloma came as Spanish ambassador to England. As a result of these efforts peace was concluded with Spain in December 1630. This peace was highly unpopular; in Massinger's ‘Believe as you List,’ which was refused license on 11 Jan. 1630–1 as containing dangerous matter, the dramatist denounces ‘the mastery which Weston himself—seduced, as it was alleged, by the gold of the Spanish ambassador—exercised over the mind of the king,’ and similar views were expressed in Massinger's ‘Maid of Honour,’ produced in 1632 (see S. R. Gardiner in Contemporary Review, xxviii. 495 sqq.) The victories of Gustavus Adolphus inflamed popular zeal for intervention on behalf of the protestants on the continent, and for a time Weston was compelled to bow before the storm. Charles I offered aid to Gustavus, but his conditions were such as to ensure the rejection of the offer by the Swedish king, and his death at Lutzen afforded Charles and his minister a welcome pretext for abandoning all thoughts of active participation in the war.

On 17 Feb. 1632–3 Charles conferred on Weston a fresh mark of confidence by creating him Earl of Portland, but in 1634 a formidable attack was made on him. Laud and Coventry denounced his greed, and he was accused of extensive malpractices. Wentworth, too, complained from Ireland that Portland never answered his letters, and threatened to resign. But again Portland was victorious; his son-in-law, the Duke of Lennox, brought up Buckingham's widow to plead on his behalf, and Charles once more gave the lord treasurer his support. The two were in the same year engaged in a plot to hoodwink the council and assist Spain in defeating the advance of France and the Dutch on the Spanish Netherlands, which was thought to threaten Dunkirk and England's supremacy in the narrow seas. To furnish a fleet for this purpose ship-money was first revived, and on this occasion also Charles claimed the sovereignty of the seas. Portland's own interest in the matter was stimulated by his connection with the fishing company, fishing being then almost a Dutch monopoly. A secret treaty was signed with Spain in


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90 and cold of the day made us very drowsy. We fought off sleep, however, and at last in came stalking the biggest chief of all Alaska, clothed in his robe of state, which was an elegant chinchilla blanket; and upon its yellow surface, as the chief slowly turned about to show us what was written thereon, we were astonished to see printed in black letters these words, "To Chief Shathitch, from his friend, William H. Seward!" We learned afterwards that Seward, in his voyage of investigation, had penetrated to this far-off town, had been received in royal state by the old chief and on his return to the States had sent back this token of his appreciation of the chief's hospitality. Whether Seward was regaled with viands similar to those offered to us, history does not relate. To me the inspiring part of that


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Works

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Rh voyage came next day, when I preached from early morning until midnight, only occasionally relieved by Muir and by the responsive speeches of the natives. "More, more; tell us more," they would cry. "It is a good talk; we never heard this story before." And when I would inquire, "Of what do you wish me now to talk?" they would always say, "Tell us more of the Man from Heaven who died for us." Runners had been sent to the Chilcoot village on the eastern arm of Lynn Canal, and twenty-five miles up the Chilcat River to Shathitch's town of Klukwan; and as the day wore away the crowd of Indians had increased so greatly that there was no room for them in the large house. I heard a scrambling upon the roof, and looking up I saw a row of black heads around the great smoke-hole