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196 Yes, the lassie was willing enough; so she went away and lay down to sleep. When she awoke, there lay the piece of linen on the table, woven so neat and close, no woof could be better. So the lassie took the piece and ran down to the queen, who was very glad to get such beautiful linen, and set greater store than ever by the lassie. But as for the others, they grew still more bitter against her, and thought of nothing but how to find out something to tell about her. At last they told the queen the lassie had said she was good to make up the piece of linen into shirts in four-and-twenty hours. Well, all happened as before; the lassie dared not say she couldn't sew; so she was shut up again in a room by herself, and there she sat in tears and grief. But then another old wife came, who said she would sew the shirts for her if she would call her Aunt on the happiest day of her life. The lassie was only too glad to do this, and then she did as the old wife told her, and went and lay down to sleep. Next morning when she woke she found the piece of linen made up into shirts, which lay on the table—and such beautiful work no one had ever set eyes on; and more than that, the shirts were all marked and ready for wear. So, when the queen saw the work, she was so glad at the way in which it was sewn, that she clapped her hands, and said,— "Such sewing I never had, nor even saw, in all my born days;" and after that she was as fond of the lassie as of her own children; and she said to her,— "Now, if you like to have the Prince for your husband, you shall have him; for you will never need to hire work-women. You can sew, and spin, and weave all yourself."


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 to get ‘the pope's favour for his beloved William Wallace, knight, in the matter which he wishes to forward with his holiness’ (National MSS. Scotland, i. No. lxxv.). Whether Wallace went to Rome in the year of the jubilee we do not know, but the internecine conflict between Edward and Wallace has left its reflection in the lines of Dante: … the pride that thirsts for gain, Which drives the Scot and Englishman so hard That neither can within his land remain (Paradiso, xix. 121).

Meantime the Scots had sent an embassy to Rome to combat the claim of Edward to the supremacy of Scotland. A long memorial entitled ‘Processus Baldredi Bisset, contra figmenta Regis Angliæ,’ has been preserved in Bower's continuation of Fordun. It can scarcely be doubted that the object of Wallace in wishing to visit Rome was to support this memorial. He received also letters of safe conduct from Haco, king of Norway, and from Baliol. These were once in a hanaper in the English exchequer, but now unfortunately lost; the description of them in the ‘Ancient Kalendar’ of Bishop Stapylton in 1323 is important, and has not been sufficiently noted (, Kalendars, i. 134). Besides showing the support Wallace received, not only from Philip of France, but from the king of Norway, it appears from this brief entry that there had been both ordinances by and treaties between Wallace and certain of the Scottish nobles, now lost. Probably he never presented the letter at Rome, and deemed his presence in Scotland more important; nor is there any trace of his going to Norway. The next record of his name is a grant to his ‘chère valet,’ Edward de Keth, by Edward I, ‘of all goods he may gain from Monsieur Guillaume de Waleys, the king's enemy,’ by undated letters patent issued in or prior to 1303. It is remarkable that we have no certain evidence of his having been in Scotland between 1299 and 1303, so that it remains possible he may have gone to Rome or elsewhere.

Meanwhile Boniface had claimed the dominion of Scotland by a bull dated Anagni, 27 June 1300, to which the English barons replied in their famous letter of 1301 repudiating all interference by the pope in the temporal affairs of England. Boniface thereupon abandoned Scotland and the Scots, and on 13 Aug. 1302 wrote a letter to the Scottish bishops exhorting them to peace with Edward (, Nos. ccclxx. and ccclxxi.). Philip followed his example, and, securing terms for himself by the treaty of Amiens on 25 Nov. 1302, confirmed by that of Paris on 20 May 1303, made a separate and perpetual peace with England, in which Scotland was not included.

The war, however, still went on, though what part Wallace took in it is not known. There is no proof that he was at the battle of Roslin on 24 Feb. 1303, when Sir John Comyn defeated John de Segrave [q. v.], the English commander. Edward now resumed the war in person and with greater vigour. Bruce surrendered at Strathord on 9 Feb. 1304; Comyn and the principal barons submitted; and on 24 July Stirling fell. At this date at least, and probably for some time before, Wallace had been in arms, though not in command. His name occurs, with those of Sir John de Soulis, who had been assumed as an additional guardian of the kingdom—it is said at the instance of Baliol—Wishart, bishop of Glasgow and the Steward of Scotland, as specially excepted from the capitulation. ‘As for William Wallace, it is agreed,’ it ran, ‘that he shall render himself up at the will and mercy of our sovereign lord the king as it shall seem good to him’ (, Placita Parliamentaria, p. 370; Calendar, ii. Nos. 1444–5 and 1463). In a parliament of Edward at St. Andrews in the middle of Lent, Simon Fraser and William Wallace, and those who held the castle of Stirling against the king, were outlawed (, p. 378), from which it would appear that Wallace had not merely cut off supplies to Edward's troops, but taken part in the subsequent defence of Stirling.

The pursuit of Wallace proceeded with unremitting zeal, and has left many traces in the English records. A payment was made on 15 March 1303 in reimbursement of sums expended on certain Scottish lads who by order of the king had laid an ambuscade (ad insidiandum) for Wallace and Fraser, and other enemies of the king (Calendar, iv. 482). A similar payment was made on 10 Sept. 1303 for the loss of two horses in a raid against Wallace and Fraser (ib. p. 477), and for other horses lost in a foray against him near Irnside Forest (ib.) On 12 March 1304 Nicholas Oysel, the valet of the Earl of Ulster, received 40s. for bringing the news that Sir William Latimer, Sir John Segrave, and Sir Robert Clifford had discomfited Fraser and Wallace at Hopperew (ib. p. 474), and three days after 15s. was paid to John of Musselburgh for guiding Segrave and Clifford in a foray against Fraser and Wallace in Lothian (ib. p. 475). It was provided on 25 July after the capitulation of Strathord that Sir John Comyn, Alexander de Lindesay, David de Graham, and Simon Fraser were to have

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text: Folk-Lore/Volume 30/Customs connected with Death and Burial among the Roumanians


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 their sentences of exile or otherwise remitted if they took Wallace before the twentieth day after Christmas, and that the Steward, Sir John de Soulis, and Sir Ingram de Umfraville were not to have letters of safe conduct to enable them to return to the king's court till Wallace was captured (Calendar, ii. No. 1563;, pp. cxxix, 276, 281). At last, on 28 Feb. 1305, the step seems to have been taken which led to his capture. Ralph de Haliburton, a Scottish prisoner in England, formerly a follower of Wallace, was released till three weeks after Easter day, 18 April, that he might be taken to Scotland to help the Scots employed to capture William Wallace. He had already been there on the same errand, and Mowbray, a Scottish knight, became surety for his return to London (Calendar, iv. p. 373;, Placita, p. 279). The actual captor, according to the English contemporary chroniclers Langtoft, Sir Thomas Gray in ‘Scala Chronica,’ and the ‘Chronicle of Lanercost,’ and the later but independent statements of Wyntoun and Bower, was Sir John de Menteith [q. v.] Menteith took him, says Langtoft, ‘through treason of Jack Short his man.’ Possibly Jack Short was a nickname for Ralph de Haliburton. Whether another statement, that he was surprised ‘by night his leman by,’ was scandal or fact, we have no means of knowing. Wyntoun, who wrote his ‘Chronicle’ in 1418, is apparently the first writer who states Glasgow as the place of the capture, but is supported by tradition. Hailes doubted if Menteith has been justly charged with being an accomplice in the treachery, for he was then sheriff of Dumbarton under Edward. He was at least handsomely rewarded for his share in the capture [see ]. The English chroniclers and records emphasise the fact that Wallace fell by the hands of his own countrymen. That some of them were always ready to thwart and even to betray him is a marked fact at various critical points of his life. He never had the willing support of the general body of the nobles. But the tempter and the paymaster was Edward, and the evidence shows the share the English king, who, like all the greatest rulers, did not overlook details, had in every measure taken to secure the person of his chief antagonist. The independence of which Wallace was the champion had come into sharp conflict with the imperialist aims of the greatest Plantagenet. The latter prevailed for the time, but the Scottish people inherited and handed down the spirit of Wallace. His example animated Bruce. His traditions grew till every part of Scotland claimed a share of them. His ‘life’ by Blind Harry became the secular bible of his countrymen, and echoes through their later history. It was one of the first books printed in Scotland, was expanded after the union in modern Scots homely couplets by Hamilton of Gilbertfield, and was concentrated in the poem of Burns, in which ‘Wallace’ is a synonym for liberty, ‘Edward’ for slavery.

Of the trial and execution of Wallace there is a contemporary account embodying the original commission for the trial and the sentence (Chronicles of Edward I and Edward II, Rolls Ser. p. 137, Stubbs's note, pp. 139–42). On 22 Aug. 1305 Wallace was brought to London, where he was met by a mob of men and women, and lodged in the houses of William de Leyre in the parish of All Saints, Fenchurch Street. Leyre was a former sheriff, and these houses were probably used as a prison. He was in custody of John de Segrave, to whom he had been delivered by Sir John Menteith. On the following day, Monday the 23rd, he was taken on horseback by Sir John and his brother, Sir Geoffrey Segrave, the mayor, Sir John Blunt, the sheriffs and aldermen, to the great hall of Westminster. He was placed on a scaffold at the south end with a laurel crown on his head, in mockery of what was said to have been his boast that he would wear a crown in that hall. Peter Malory (the justiciar of England), Segrave, Blunt (the mayor), and two others had been appointed justices for his trial. Malory, when the court met, charged Wallace with being a traitor to King Edward and with other crimes. He answered that he had never been a traitor to the king of England, which was true, for, unlike so many Scottish nobles and bishops, he had never taken any oath of allegiance, but confessed the other charges. Sentence was given on the same day by Segrave, in terms of which the substance reflects light upon his life. It ran thus: ‘William Wallace, a Scot and of Scottish descent, having been taken prisoner for sedition, homicides, depredations, fires, and felonies, and after our lord the king had conquered Scotland, forfeited Baliol, and subjugated all Scotsmen to his dominion as their king, and had received the oath of homage and fealty of prelates, earls, barons, and others, and proclaimed his peace, and appointed his officers to keep it through all Scotland. You, the said William Wallace, oblivious of your fealty and allegiance, did, (1) along with an immense number of felons, rise in arms and attack the king's officers and slay


text: Dictionary of National Biography, 1885-1900/Balam, Richard


text: Category:Romanian folklore

title: Category:Romanian folklore


text:
United States Code/Title 11/Chapter 3/Section 362

§ 362. Automatic stay

 * (a) Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title, or an application filed under section 5(a)(3) of the Securities Investor Protection Act of 1970, operates as a stay, applicable to all entities, of—
 * (1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title;
 * (2) the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title;
 * (3) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate;
 * (4) any act to create, perfect, or enforce any lien against property of the estate;
 * (5) any act to create, perfect, or enforce against property of the debtor any lien to the extent that such lien secures a claim that arose before the commencement of the case under this title;
 * (6) any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case under this title;
 * (7) the setoff of any debt owing to the debtor that arose before the commencement of the case under this title against any claim against the debtor; and
 * (8) the commencement or continuation of a proceeding before the United States Tax Court concerning a corporate debtor’s tax liability for a taxable period the bankruptcy court may determine or concerning the tax liability of a debtor who is an individual for a taxable period ending before the date of the order for relief under this title.

 * (b) The filing of a petition under section 301, 302, or 303 of this title, or of an application under section 5(a)(3) of the Securities Investor Protection Act of 1970, does not operate as a stay—
 * (1) under subsection (a) of this section, of the commencement or continuation of a criminal action or proceeding against the debtor;
 * (2) under subsection (a)—
 * (A) of the commencement or continuation of a civil action or proceeding—
 * (i) for the establishment of paternity;
 * (ii) for the establishment or modification of an order for domestic support obligations;
 * (iii) concerning child custody or visitation;
 * (iv) for the dissolution of a marriage, except to the extent that such proceeding seeks to determine the division of property that is property of the estate; or
 * (v) regarding domestic violence;
 * (B) of the collection of a domestic support obligation from property that is not property of the estate;
 * (C) with respect to the withholding of income that is property of the estate or property of the debtor for payment of a domestic support obligation under a judicial or administrative order or a statute;
 * (D) of the withholding, suspension, or restriction of a driver’s license, a professional or occupational license, or a recreational license, under State law, as specified in section 466(a)(16) of the Social Security Act;
 * (E) of the reporting of overdue support owed by a parent to any consumer reporting agency as specified in section 466(a)(7) of the Social Security Act;
 * (F) of the interception of a tax refund, as specified in sections 464 and 466(a)(3) of the Social Security Act or under an analogous State law; or
 * (G) of the enforcement of a medical obligation, as specified under title IV of the Social Security Act;
 * (3) under subsection (a) of this section, of any act to perfect, or to maintain or continue the perfection of, an interest in property to the extent that the trustee’s rights and powers are subject to such perfection under section 546 (b) of this title or to the extent that such act is accomplished within the period provided under section 547 (e)(2)(A) of this title;
 * (4) under paragraph (1), (2), (3), or (6) of subsection (a) of this section, of the commencement or continuation of an action or proceeding by a governmental unit or any organization exercising authority under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993, to enforce such governmental unit’s or organization’s police and regulatory power, including the enforcement of a judgment other than a money judgment, obtained in an action or proceeding by the governmental unit to enforce such governmental unit’s or organization’s police or regulatory power;
 * [(5) Repealed. Pub. L. 105–277, div. I, title VI, § 603(1), Oct. 21, 1998, 112 Stat. 2681–866;]
 * (6) under subsection (a) of this section, of the exercise by a commodity broker, forward contract merchant, stockbroker, financial institution, financial participant, or securities clearing agency of any contractual right (as defined in section 555 or 556) under any security agreement or arrangement or other credit enhancement forming a part of or related to any commodity contract, forward contract or securities contract, or of any contractual right (as defined in section 555 or 556) to offset or net out any termination value, payment amount, or other transfer obligation arising under or in connection with 1 or more such contracts, including any master agreement for such contracts;
 * (7) under subsection (a) of this section, of the exercise by a repo participant or financial participant of any contractual right (as defined in section 559) under any security agreement or arrangement or other credit enhancement forming a part of or related to any repurchase agreement, or of any contractual right (as defined in section 559) to offset or net out any termination value, payment amount, or other transfer obligation arising under or in connection with 1 or more such agreements, including any master agreement for such agreements;
 * (8) under subsection (a) of this section, of the commencement of any action by the Secretary of Housing and Urban Development to foreclose a mortgage or deed of trust in any case in which the mortgage or deed of trust held by the Secretary is insured or was formerly insured under the National Housing Act and covers property, or combinations of property, consisting of five or more living units;
 * (9) under subsection (a), of—
 * (A) an audit by a governmental unit to determine tax liability;
 * (B) the issuance to the debtor by a governmental unit of a notice of tax deficiency;
 * (C) a demand for tax returns; or
 * (D) the making of an assessment for any tax and issuance of a notice and demand for payment of such an assessment (but any tax lien that would otherwise attach to property of the estate by reason of such an assessment shall not take effect unless such tax is a debt of the debtor that will not be discharged in the case and such property or its proceeds are transferred out of the estate to, or otherwise revested in, the debtor).
 * (10) under subsection (a) of this section, of any act by a lessor to the debtor under a lease of nonresidential real property that has terminated by the expiration of the stated term of the lease before the commencement of or during a case under this title to obtain possession of such property;
 * (11) under subsection (a) of this section, of the presentment of a negotiable instrument and the giving of notice of and protesting dishonor of such an instrument;
 * (12) under subsection (a) of this section, after the date which is 90 days after the filing of such petition, of the commencement or continuation, and conclusion to the entry of final judgment, of an action which involves a debtor subject to reorganization pursuant to chapter 11 of this title and which was brought by the Secretary of Transportation under section 31325 of title 46 (including distribution of any proceeds of sale) to foreclose a preferred ship or fleet mortgage, or a security interest in or relating to a vessel or vessel under construction, held by the Secretary of Transportation under chapter 537 of title 46 or section 109 (h) of title 49, or under applicable State law;
 * (13) under subsection (a) of this section, after the date which is 90 days after the filing of such petition, of the commencement or continuation, and conclusion to the entry of final judgment, of an action which involves a debtor subject to reorganization pursuant to chapter 11 of this title and which was brought by the Secretary of Commerce under section 31325 of title 46 (including distribution of any proceeds of sale) to foreclose a preferred ship or fleet mortgage in a vessel or a mortgage, deed of trust, or other security interest in a fishing facility held by the Secretary of Commerce under chapter 537 of title 46;
 * (14) under subsection (a) of this section, of any action by an accrediting agency regarding the accreditation status of the debtor as an educational institution;
 * (15) under subsection (a) of this section, of any action by a State licensing body regarding the licensure of the debtor as an educational institution;
 * (16) under subsection (a) of this section, of any action by a guaranty agency, as defined in section 435(j) of the Higher Education Act of 1965 or the Secretary of Education regarding the eligibility of the debtor to participate in programs authorized under such Act;
 * (17) under subsection (a) of this section, of the exercise by a swap participant or financial participant of any contractual right (as defined in section 560) under any security agreement or arrangement or other credit enhancement forming a part of or related to any swap agreement, or of any contractual right (as defined in section 560) to offset or net out any termination value, payment amount, or other transfer obligation arising under or in connection with 1 or more such agreements, including any master agreement for such agreements;
 * (18) under subsection (a) of the creation or perfection of a statutory lien for an ad valorem property tax, or a special tax or special assessment on real property whether or not ad valorem, imposed by a governmental unit, if such tax or assessment comes due after the date of the filing of the petition;
 * (19) under subsection (a), of withholding of income from a debtor’s wages and collection of amounts withheld, under the debtor’s agreement authorizing that withholding and collection for the benefit of a pension, profit-sharing, stock bonus, or other plan established under section 401, 403, 408, 408A, 414, 457, or 501(c) of the Internal Revenue Code of 1986, that is sponsored by the employer of the debtor, or an affiliate, successor, or predecessor of such employer—
 * (A) to the extent that the amounts withheld and collected are used solely for payments relating to a loan from a plan under section 408(b)(1) of the Employee Retirement Income Security Act of 1974 or is subject to section 72(p) of the Internal Revenue Code of 1986; or
 * (B) a loan from a thrift savings plan permitted under subchapter III of chapter 84 of title 5, that satisfies the requirements of section 8433(g) of such title;
 * but nothing in this paragraph may be construed to provide that any loan made under a governmental plan under section 414 (d), or a contract or account under section 403(b), of the Internal Revenue Code of 1986 constitutes a claim or a debt under this title;
 * (20) under subsection (a), of any act to enforce any lien against or security interest in real property following entry of the order under subsection (d)(4) as to such real property in any prior case under this title, for a period of 2 years after the date of the entry of such an order, except that the debtor, in a subsequent case under this title, may move for relief from such order based upon changed circumstances or for other good cause shown, after notice and a hearing;
 * (21) under subsection (a), of any act to enforce any lien against or security interest in real property—
 * (A) if the debtor is ineligible under section 109 (g) to be a debtor in a case under this title; or
 * (B) if the case under this title was filed in violation of a bankruptcy court order in a prior case under this title prohibiting the debtor from being a debtor in another case under this title;
 * (22) subject to subsection (l), under subsection (a)(3), of the continuation of any eviction, unlawful detainer action, or similar proceeding by a lessor against a debtor involving residential property in which the debtor resides as a tenant under a lease or rental agreement and with respect to which the lessor has obtained before the date of the filing of the bankruptcy petition, a judgment for possession of such property against the debtor;
 * (23) subject to subsection (m), under subsection (a)(3), of an eviction action that seeks possession of the residential property in which the debtor resides as a tenant under a lease or rental agreement based on endangerment of such property or the illegal use of controlled substances on such property, but only if the lessor files with the court, and serves upon the debtor, a certification under penalty of perjury that such an eviction action has been filed, or that the debtor, during the 30-day period preceding the date of the filing of the certification, has endangered property or illegally used or allowed to be used a controlled substance on the property;
 * (24) under subsection (a), of any transfer that is not avoidable under section 544 and that is not avoidable under section 549;
 * (25) under subsection (a), of—
 * (A) the commencement or continuation of an investigation or action by a securities self regulatory organization to enforce such organization’s regulatory power;
 * (B) the enforcement of an order or decision, other than for monetary sanctions, obtained in an action by such securities self regulatory organization to enforce such organization’s regulatory power; or
 * (C) any act taken by such securities self regulatory organization to delist, delete, or refuse to permit quotation of any stock that does not meet applicable regulatory requirements;
 * (26) under subsection (a), of the setoff under applicable nonbankruptcy law of an income tax refund, by a governmental unit, with respect to a taxable period that ended before the date of the order for relief against an income tax liability for a taxable period that also ended before the date of the order for relief, except that in any case in which the setoff of an income tax refund is not permitted under applicable nonbankruptcy law because of a pending action to determine the amount or legality of a tax liability, the governmental unit may hold the refund pending the resolution of the action, unless the court, on the motion of the trustee and after notice and a hearing, grants the taxing authority adequate protection (within the meaning of section 361) for the secured claim of such authority in the setoff under section 506 (a);
 * (27) under subsection (a) of this section, of the exercise by a master netting agreement participant of any contractual right (as defined in section 555, 556, 559, or 560) under any security agreement or arrangement or other credit enhancement forming a part of or related to any master netting agreement, or of any contractual right (as defined in section 555, 556, 559, or 560) to offset or net out any termination value, payment amount, or other transfer obligation arising under or in connection with 1 or more such master netting agreements to the extent that such participant is eligible to exercise such rights under paragraph (6), (7), or (17) for each individual contract covered by the master netting agreement in issue; and
 * (28) under subsection (a), of the exclusion by the Secretary of Health and Human Services of the debtor from participation in the medicare program or any other Federal health care program (as defined in section 1128B(f) of the Social Security Act pursuant to title XI or XVIII of such Act).
 * The provisions of paragraphs (12) and (13) of this subsection shall apply with respect to any such petition filed on or before December 31, 1989.

 * (c) Except as provided in subsections (d), (e), (f), and (h) of this section—
 * (1) the stay of an act against property of the estate under subsection (a) of this section continues until such property is no longer property of the estate;
 * (2) the stay of any other act under subsection (a) of this section continues until the earliest of—
 * (A) the time the case is closed;
 * (B) the time the case is dismissed; or
 * (C) if the case is a case under chapter 7 of this title concerning an individual or a case under chapter 9, 11, 12, or 13 of this title, the time a discharge is granted or denied;
 * (3) if a single or joint case is filed by or against debtor who is an individual in a case under chapter 7, 11, or 13, and if a single or joint case of the debtor was pending within the preceding 1-year period but was dismissed, other than a case refiled under a chapter other than chapter 7 after dismissal under section 707 (b)—
 * (A) the stay under subsection (a) with respect to any action taken with respect to a debt or property securing such debt or with respect to any lease shall terminate with respect to the debtor on the 30th day after the filing of the later case;
 * (B) on the motion of a party in interest for continuation of the automatic stay and upon notice and a hearing, the court may extend the stay in particular cases as to any or all creditors (subject to such conditions or limitations as the court may then impose) after notice and a hearing completed before the expiration of the 30-day period only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed; and
 * (C) for purposes of subparagraph (B), a case is presumptively filed not in good faith (but such presumption may be rebutted by clear and convincing evidence to the contrary)—
 * (i) as to all creditors, if—
 * (I) more than 1 previous case under any of chapters 7, 11, and 13 in which the individual was a debtor was pending within the preceding 1-year period;
 * (II) a previous case under any of chapters 7, 11, and 13 in which the individual was a debtor was dismissed within such 1-year period, after the debtor failed to—
 * (aa) file or amend the petition or other documents as required by this title or the court without substantial excuse (but mere inadvertence or negligence shall not be a substantial excuse unless the dismissal was caused by the negligence of the debtor’s attorney);
 * (bb) provide adequate protection as ordered by the court; or
 * (cc) perform the terms of a plan confirmed by the court; or
 * (III) there has not been a substantial change in the financial or personal affairs of the debtor since the dismissal of the next most previous case under chapter 7, 11, or 13 or any other reason to conclude that the later case will be concluded—
 * (aa) if a case under chapter 7, with a discharge; or
 * (bb) if a case under chapter 11 or 13, with a confirmed plan that will be fully performed; and
 * (ii) as to any creditor that commenced an action under subsection (d) in a previous case in which the individual was a debtor if, as of the date of dismissal of such case, that action was still pending or had been resolved by terminating, conditioning, or limiting the stay as to actions of such creditor; and
 * (4)
 * (A)
 * (i) if a single or joint case is filed by or against a debtor who is an individual under this title, and if 2 or more single or joint cases of the debtor were pending within the previous year but were dismissed, other than a case refiled under section 707 (b), the stay under subsection (a) shall not go into effect upon the filing of the later case; and
 * (ii) on request of a party in interest, the court shall promptly enter an order confirming that no stay is in effect;
 * (B) if, within 30 days after the filing of the later case, a party in interest requests the court may order the stay to take effect in the case as to any or all creditors (subject to such conditions or limitations as the court may impose), after notice and a hearing, only if the party in interest demonstrates that the filing of the later case is in good faith as to the creditors to be stayed;
 * (C) a stay imposed under subparagraph (B) shall be effective on the date of the entry of the order allowing the stay to go into effect; and
 * (D) for purposes of subparagraph (B), a case is presumptively filed not in good faith (but such presumption may be rebutted by clear and convincing evidence to the contrary)—
 * (i) as to all creditors if—
 * (I) 2 or more previous cases under this title in which the individual was a debtor were pending within the 1-year period;
 * (II) a previous case under this title in which the individual was a debtor was dismissed within the time period stated in this paragraph after the debtor failed to file or amend the petition or other documents as required by this title or the court without substantial excuse (but mere inadvertence or negligence shall not be substantial excuse unless the dismissal was caused by the negligence of the debtor’s attorney), failed to provide adequate protection as ordered by the court, or failed to perform the terms of a plan confirmed by the court; or
 * (III) there has not been a substantial change in the financial or personal affairs of the debtor since the dismissal of the next most previous case under this title, or any other reason to conclude that the later case will not be concluded, if a case under chapter 7, with a discharge, and if a case under chapter 11 or 13, with a confirmed plan that will be fully performed; or
 * (ii) as to any creditor that commenced an action under subsection (d) in a previous case in which the individual was a debtor if, as of the date of dismissal of such case, such action was still pending or had been resolved by terminating, conditioning, or limiting the stay as to such action of such creditor.

 * (d) On request of a party in interest and after notice and a hearing, the court shall grant relief from the stay provided under subsection (a) of this section, such as by terminating, annulling, modifying, or conditioning such stay—
 * (1) for cause, including the lack of adequate protection of an interest in property of such party in interest;
 * (2) with respect to a stay of an act against property under subsection (a) of this section, if—
 * (A) the debtor does not have an equity in such property; and
 * (B) such property is not necessary to an effective reorganization;
 * (3) with respect to a stay of an act against single asset real estate under subsection (a), by a creditor whose claim is secured by an interest in such real estate, unless, not later than the date that is 90 days after the entry of the order for relief (or such later date as the court may determine for cause by order entered within that 90-day period) or 30 days after the court determines that the debtor is subject to this paragraph, whichever is later—
 * (A) the debtor has filed a plan of reorganization that has a reasonable possibility of being confirmed within a reasonable time; or
 * (B) the debtor has commenced monthly payments that—
 * (i) may, in the debtor’s sole discretion, notwithstanding section 363 (c)(2), be made from rents or other income generated before, on, or after the date of the commencement of the case by or from the property to each creditor whose claim is secured by such real estate (other than a claim secured by a judgment lien or by an unmatured statutory lien); and
 * (ii) are in an amount equal to interest at the then applicable nondefault contract rate of interest on the value of the creditor’s interest in the real estate; or
 * (4) with respect to a stay of an act against real property under subsection (a), by a creditor whose claim is secured by an interest in such real property, if the court finds that the filing of the petition was part of a scheme to delay, hinder, and defraud creditors that involved either—
 * (A) transfer of all or part ownership of, or other interest in, such real property without the consent of the secured creditor or court approval; or
 * (B) multiple bankruptcy filings affecting such real property.
 * If recorded in compliance with applicable State laws governing notices of interests or liens in real property, an order entered under paragraph (4) shall be binding in any other case under this title purporting to affect such real property filed not later than 2 years after the date of the entry of such order by the court, except that a debtor in a subsequent case under this title may move for relief from such order based upon changed circumstances or for good cause shown, after notice and a hearing. Any Federal, State, or local governmental unit that accepts notices of interests or liens in real property shall accept any certified copy of an order described in this subsection for indexing and recording.

 * (e)
 * (1) Thirty days after a request under subsection (d) of this section for relief from the stay of any act against property of the estate under subsection (a) of this section, such stay is terminated with respect to the party in interest making such request, unless the court, after notice and a hearing, orders such stay continued in effect pending the conclusion of, or as a result of, a final hearing and determination under subsection (d) of this section. A hearing under this subsection may be a preliminary hearing, or may be consolidated with the final hearing under subsection (d) of this section. The court shall order such stay continued in effect pending the conclusion of the final hearing under subsection (d) of this section if there is a reasonable likelihood that the party opposing relief from such stay will prevail at the conclusion of such final hearing. If the hearing under this subsection is a preliminary hearing, then such final hearing shall be concluded not later than thirty days after the conclusion of such preliminary hearing, unless the 30-day period is extended with the consent of the parties in interest or for a specific time which the court finds is required by compelling circumstances.
 * (2) Notwithstanding paragraph (1), in a case under chapter 7, 11, or 13 in which the debtor is an individual, the stay under subsection (a) shall terminate on the date that is 60 days after a request is made by a party in interest under subsection (d), unless—
 * (A) a final decision is rendered by the court during the 60-day period beginning on the date of the request; or
 * (B) such 60-day period is extended—
 * (i) by agreement of all parties in interest; or
 * (ii) by the court for such specific period of time as the court finds is required for good cause, as described in findings made by the court.

 * (f) Upon request of a party in interest, the court, with or without a hearing, shall grant such relief from the stay provided under subsection (a) of this section as is necessary to prevent irreparable damage to the interest of an entity in property, if such interest will suffer such damage before there is an opportunity for notice and a hearing under subsection (d) or (e) of this section.

 * (g) In any hearing under subsection (d) or (e) of this section concerning relief from the stay of any act under subsection (a) of this section—
 * (1) the party requesting such relief has the burden of proof on the issue of the debtor’s equity in property; and
 * (2) the party opposing such relief has the burden of proof on all other issues.

 * (h)
 * (1) In a case in which the debtor is an individual, the stay provided by subsection (a) is terminated with respect to personal property of the estate or of the debtor securing in whole or in part a claim, or subject to an unexpired lease, and such personal property shall no longer be property of the estate if the debtor fails within the applicable time set by section 521 (a)(2)—
 * (A) to file timely any statement of intention required under section 521 (a)(2) with respect to such personal property or to indicate in such statement that the debtor will either surrender such personal property or retain it and, if retaining such personal property, either redeem such personal property pursuant to section 722, enter into an agreement of the kind specified in section 524 (c) applicable to the debt secured by such personal property, or assume such unexpired lease pursuant to section 365 (p) if the trustee does not do so, as applicable; and
 * (B) to take timely the action specified in such statement, as it may be amended before expiration of the period for taking action, unless such statement specifies the debtor’s intention to reaffirm such debt on the original contract terms and the creditor refuses to agree to the reaffirmation on such terms.
 * (2) Paragraph (1) does not apply if the court determines, on the motion of the trustee filed before the expiration of the applicable time set by section 521 (a)(2), after notice and a hearing, that such personal property is of consequential value or benefit to the estate, and orders appropriate adequate protection of the creditor’s interest, and orders the debtor to deliver any collateral in the debtor’s possession to the trustee. If the court does not so determine, the stay provided by subsection (a) shall terminate upon the conclusion of the hearing on the motion.

 * (i) If a case commenced under chapter 7, 11, or 13 is dismissed due to the creation of a debt repayment plan, for purposes of subsection (c)(3), any subsequent case commenced by the debtor under any such chapter shall not be presumed to be filed not in good faith.

 * (j) On request of a party in interest, the court shall issue an order under subsection (c) confirming that the automatic stay has been terminated.

 * (k)
 * (1) Except as provided in paragraph (2), an individual injured by any willful violation of a stay provided by this section shall recover actual damages, including costs and attorneys’ fees, and, in appropriate circumstances, may recover punitive damages.
 * (2) If such violation is based on an action taken by an entity in the good faith belief that subsection (h) applies to the debtor, the recovery under paragraph (1) of this subsection against such entity shall be limited to actual damages.

 * (l)
 * (1) Except as otherwise provided in this subsection, subsection (b)(22) shall apply on the date that is 30 days after the date on which the bankruptcy petition is filed, if the debtor files with the petition and serves upon the lessor a certification under penalty of perjury that—
 * (A) under nonbankruptcy law applicable in the jurisdiction, there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment for possession, after that judgment for possession was entered; and
 * (B) the debtor (or an adult dependent of the debtor) has deposited with the clerk of the court, any rent that would become due during the 30-day period after the filing of the bankruptcy petition.
 * (2) If, within the 30-day period after the filing of the bankruptcy petition, the debtor (or an adult dependent of the debtor) complies with paragraph (1) and files with the court and serves upon the lessor a further certification under penalty of perjury that the debtor (or an adult dependent of the debtor) has cured, under nonbankrupcty [1] law applicable in the jurisdiction, the entire monetary default that gave rise to the judgment under which possession is sought by the lessor, subsection (b)(22) shall not apply, unless ordered to apply by the court under paragraph (3).
 * (3)
 * (A) If the lessor files an objection to any certification filed by the debtor under paragraph (1) or (2), and serves such objection upon the debtor, the court shall hold a hearing within 10 days after the filing and service of such objection to determine if the certification filed by the debtor under paragraph (1) or (2) is true.
 * (B) If the court upholds the objection of the lessor filed under subparagraph (A)—
 * (i) subsection (b)(22) shall apply immediately and relief from the stay provided under subsection (a)(3) shall not be required to enable the lessor to complete the process to recover full possession of the property; and
 * (ii) the clerk of the court shall immediately serve upon the lessor and the debtor a certified copy of the court’s order upholding the lessor’s objection.
 * (4) If a debtor, in accordance with paragraph (5), indicates on the petition that there was a judgment for possession of the residential rental property in which the debtor resides and does not file a certification under paragraph (1) or (2)—
 * (A) subsection (b)(22) shall apply immediately upon failure to file such certification, and relief from the stay provided under subsection (a)(3) shall not be required to enable the lessor to complete the process to recover full possession of the property; and
 * (B) the clerk of the court shall immediately serve upon the lessor and the debtor a certified copy of the docket indicating the absence of a filed certification and the applicability of the exception to the stay under subsection (b)(22).
 * (5)
 * (A) Where a judgment for possession of residential property in which the debtor resides as a tenant under a lease or rental agreement has been obtained by the lessor, the debtor shall so indicate on the bankruptcy petition and shall provide the name and address of the lessor that obtained that pre-petition judgment on the petition and on any certification filed under this subsection.
 * (B) The form of certification filed with the petition, as specified in this subsection, shall provide for the debtor to certify, and the debtor shall certify—
 * (i) whether a judgment for possession of residential rental housing in which the debtor resides has been obtained against the debtor before the date of the filing of the petition; and
 * (ii) whether the debtor is claiming under paragraph (1) that under nonbankruptcy law applicable in the jurisdiction, there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment for possession, after that judgment of possession was entered, and has made the appropriate deposit with the court.
 * (C) The standard forms (electronic and otherwise) used in a bankruptcy proceeding shall be amended to reflect the requirements of this subsection.
 * (D) The clerk of the court shall arrange for the prompt transmittal of the rent deposited in accordance with paragraph (1)(B) to the lessor.

 * (m)
 * (1) Except as otherwise provided in this subsection, subsection (b)(23) shall apply on the date that is 15 days after the date on which the lessor files and serves a certification described in subsection (b)(23).
 * (2)
 * (A) If the debtor files with the court an objection to the truth or legal sufficiency of the certification described in subsection (b)(23) and serves such objection upon the lessor, subsection (b)(23) shall not apply, unless ordered to apply by the court under this subsection.
 * (B) If the debtor files and serves the objection under subparagraph (A), the court shall hold a hearing within 10 days after the filing and service of such objection to determine if the situation giving rise to the lessor’s certification under paragraph (1) existed or has been remedied.
 * (C) If the debtor can demonstrate to the satisfaction of the court that the situation giving rise to the lessor’s certification under paragraph (1) did not exist or has been remedied, the stay provided under subsection (a)(3) shall remain in effect until the termination of the stay under this section.
 * (D) If the debtor cannot demonstrate to the satisfaction of the court that the situation giving rise to the lessor’s certification under paragraph (1) did not exist or has been remedied—
 * (i) relief from the stay provided under subsection (a)(3) shall not be required to enable the lessor to proceed with the eviction; and
 * (ii) the clerk of the court shall immediately serve upon the lessor and the debtor a certified copy of the court’s order upholding the lessor’s certification.
 * (3) If the debtor fails to file, within 15 days, an objection under paragraph (2)(A)—
 * (A) subsection (b)(23) shall apply immediately upon such failure and relief from the stay provided under subsection (a)(3) shall not be required to enable the lessor to complete the process to recover full possession of the property; and
 * (B) the clerk of the court shall immediately serve upon the lessor and the debtor a certified copy of the docket indicating such failure.

 * (n)
 * (1) Except as provided in paragraph (2), subsection (a) does not apply in a case in which the debtor—
 * (A) is a debtor in a small business case pending at the time the petition is filed;
 * (B) was a debtor in a small business case that was dismissed for any reason by an order that became final in the 2-year period ending on the date of the order for relief entered with respect to the petition;
 * (C) was a debtor in a small business case in which a plan was confirmed in the 2-year period ending on the date of the order for relief entered with respect to the petition; or
 * (D) is an entity that has acquired substantially all of the assets or business of a small business debtor described in subparagraph (A), (B), or (C), unless such entity establishes by a preponderance of the evidence that such entity acquired substantially all of the assets or business of such small business debtor in good faith and not for the purpose of evading this paragraph.
 * (2) Paragraph (1) does not apply—
 * (A) to an involuntary case involving no collusion by the debtor with creditors; or
 * (B) to the filing of a petition if—
 * (i) the debtor proves by a preponderance of the evidence that the filing of the petition resulted from circumstances beyond the control of the debtor not foreseeable at the time the case then pending was filed; and
 * (ii) it is more likely than not that the court will confirm a feasible plan, but not a liquidating plan, within a reasonable period of time.

 * (o) The exercise of rights not subject to the stay arising under subsection (a) pursuant to paragraph (6), (7), (17), or (27) of subsection (b) shall not be stayed by any order of a court or administrative agency in any proceeding under this title.


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 Sir William Hezelrig, sheriff of Lanark, when he was holding a court for the pleas of the king; (2) did with your armed adherents attack villages, towns, and castles, and issue brieves as if a superior through all Scotland, and hold parliaments and assemblies, and, not content with so great wickedness and sedition, did counsel all the prelates, earls, and barons of your party to submit to the dominion of the king of France, and to aid in the destruction of the realm of England; (3) did with your accomplices invade the counties of Northumberland, Cumberland, and Westmoreland, burning and killing “every one who used the English tongue,” sparing neither age nor sex, monk nor nun; and (4) when the king had invaded Scotland with his great army, restored peace, and defeated you, carrying your standard against him in mortal war, and offered you mercy if you surrendered, you did despise his offer, and were outlawed in his court as a thief and felon according to the laws of England and Scotland; and considering that it is contrary to the laws of England that any outlaw should be allowed to answer in his defence, your sentence is that for your sedition and making war against the king, you shall be carried from Westminster to the Tower, and from the Tower to Aldgate, and so through the city to the Elms at Smithfield, and for your robberies, homicides, and felonies in England and Scotland you shall be there hanged and drawn, and as an outlaw beheaded, and afterwards for your burning churches and relics your heart, liver, lungs, and entrails from which your wicked thoughts came shall be burned, and finally, because your sedition, depredations, fires, and homicides were not only against the king, but against the people of England and Scotland, your head shall be placed on London Bridge in sight both of land and water travellers, and your quarters hung on gibbets at New Castle, Berwick, Stirling, and Perth, to the terror of all who pass by.’ The ‘Chronicle of Lanercost’ varies the list by substituting Aberdeen for Stirling, but the official sentence is a preferable authority. It was the ordinary sentence for treason, and shows the character attributed to the life of Wallace as seen by Edward and his justices. Wallace was, as he said, an enemy, not a traitor. He had never taken an oath to Edward. He had never claimed royal authority for himself, but acted in the name of Baliol as his king, as was known to Segrave and the other justices by the documents taken from his person. He had never recognised Baliol's deposition by Edward. He had never asked Scotland to acknowledge the lordship of Philip, but he had asked that king to aid Scotland. He had been cruel in war, but so far as we know he had shown more reverence to the church as the church than Edward. In another respect the sentence is remarkable in relation to a disputed point in English and Scottish history, and its bearing on the position of Wallace. Edward does not claim dominion over Scotland as of ancient right, or by the submission of the Scottish competitors and estates at Norham, but in plain words as a conqueror. It followed, though this flaw in their logic escaped Malory and the justices, that Wallace was not a rebel, but one who had fought against the conqueror of his country. The law of war had not perhaps advanced far in the fourteenth century, but the difference between a rebel and an enemy was known. The trial, one of the first in the great hall of Westminster, is also proof that Wallace was treated as no ordinary enemy. In a sense, the view of Lingard, repudiated by Scottish historians, is true: the fame of Wallace has been increased by the circumstances of his trial and execution, for they wrote in indelible characters in the annals of England and its capital what might otherwise have been deemed the exaggeration of the Scottish people.

In the records of Scotland and England and the contemporary chronicles he stands out boldly as the chief champion of the Scottish nation in the struggle for independence, and the chief enemy of Edward in the premature attempt to unite Britain under one sceptre. His name has become one of the great names of history. He was a general who knew how to discipline men and to rouse their enthusiasm; a statesman, if we may trust indications few but pregnant, who, had more time been granted and better support given him by the nobles, might have restored a nation and created a state. He lost his life, as he had taken the lives of many, in the stern game of war. The natural hatred of the English people and their king was the measure of the natural affection of his own people. The latter has been lasting.

There is no authentic portrait. Blind Harry gives a description of his personal appearance, which he strangely says was sent to Scotland from France by a herald. It runs: His lymmys gret, with stalward paiss [pace] and sound, His braunys [muscles] hard, his armes gret and round;


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Rh So as the lassie was pretty, and the Prince was glad to have her, the wedding soon came on. But just as the Prince was going to sit down with the bride to the bridal feast, in came an ugly old hag with a long nose—I'm sure it was three ells long. So up got the bride and made a curtsey, and said,— "Good-day, Auntie."

"That Auntie to my bride?" said the Prince. "Yes, she was!"

"Well, then, she'd better sit down with us to the feast," said the Prince; but to tell you the truth, both he and the rest thought she was a loathsome woman to have next you. But just then in came another ugly old hag. She had a back so humped and broad, she had hard work to get through the door. Up jumped the bride in a trice, and greeted her with "Good-day, Auntie!" And the Prince asked again if that were his bride's aunt. They both said, Yes; so the Prince said, if that were so, she too had better sit down with them to the feast. But they had scarce taken their seats before another ugly old hag came in, with eyes as large as saucers, and so red and bleared, 'twas gruesome to look at her. But up jumped the bride again, with her "Good-day, Auntie," and her, too, the Prince asked to sit down; but I can't say he was very glad, for he thought to himself,— "Heaven shield me from such Aunties as my bride has!" So when he had sat a while, he could not keep his thoughts to himself any longer, but asked,— "But how, in all the world can my bride, who is such a lovely lassie, have such loathsome mis-shapen Aunts?" "Ill soon tell you how it is said the first "I was


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  His handis maid rycht lik till a pawmer [palmer], Off manlik mak, with naless gret and cler; Proportionyt lang and fayr was his wesage; Rycht sad of spech, and abill in curage; Braid breyst and heych, with sturdy crag and gret; His lyppys round, his noys was squar and tret; Bowand bron haryt, on browis and breis lycht; [i.e. Wavy brown hair on brows and eyebrows light]; Cler aspre eyn, lik dyamondis brycht. Wndyr the chyn, on the left syd was seyn, Be hurt, a wain; his colour was sangweyn. Woundis he had in mony diuers place, Bot fair and weill kepyt was his face. [The sources of the life of Wallace are numerous but meagre. Of the contemporary English chronicles, Hemingburgh, Langtoft, the Scala Chronica, the Flores Historiarum of Matthew of Westminster, and the Chronicle of Lanercost are the most important. The political poems of Edward I, edited by Wright for the Camden Society, show the popular as distinguished from the ecclesiastical view, which agrees as to Wallace's, but differs widely as to Edward I's, character. There is no contemporary Scottish chronicle, but Wyntoun's Chronicle was written before 1424, and book viii. chap. 20, which refers to the capture of Wallace by Sir John Menteith, is part of the portion of Wyntoun which he found written and adopted (book viii. chap. 19). It may not improbably be by a contemporary. The addition by Bower to the Scotichronicon of Fordun was written before 1447. The records are to be found in Sir F. Palgrave's Documents illustrative of the History of Scotland, and Kalendars and Inventories of His Majesty's Exchequer, vol. i.; Joseph Stevenson's Wallace Papers (Maitland Club), 1842, and Documents illustrative of the History of Scotland (1286–1306); and the Calendar of Documents edited by Mr. Joseph Bain for the Lord Clerk Register, vols. ii. and iv. For Blind Harry's account of Wallace see. A Latin poem ‘Valliados libris tribus opus inchoatum,’ by Patrick Panter, professor of divinity at St. Andrews, was published in 1633. W. Hamilton of Gilbertfield's Wallace (1722) is a modernised edition of Blind Harry, and became a favourite chap-book. The best editions of Blind Harry are Dr. Jamieson's (1820) and that edited for the Scottish Text Society by Mr. James Moir of Aberdeen. There are several modern lives, of which the only ones deserving mention are the Life of Wallace by David Carrick (3rd ed. London, 1840), the Memoir by P. F. Tytler in the Scottish Worthies (2nd ed. London, 1845), a Memoir by Mr. James Moir (1886), and an instructive Life by A. W. Murison (Famous Scots Series, 1898), who has attempted the difficult, and well-nigh impossible, task of weaving together the anecdotes of Blind Harry and authentic facts. The third marquis of Bute published two lectures—(1) The Early Life of Wallace, 1876; (2) The Burning of the Barns of Ayr, 1878. English historians seldom write of him without prejudice, but Mr. C. H. Pearson's History of England is an exception. Robert Benton Seeley [q. v.], author of the Greatest of the Plantagenets, compares him to Nana Sahib, rivalling Matthew of Westminster, who compared him to ‘Herod, Nero, and the accursed Ham.’ Scottish historians can scarcely avoid partiality. The fairest account of Wallace's part in the war of independence is by R. Pauli in his Geschichte Englands. Tytler, in his History of Scotland, is fuller than Hill Burton as to Wallace, and in general trustworthy. Hailes's Annals is not so satisfactory as usual. The numerous poems and novels on Wallace do not aid history; but Miss Porter's Scottish Chiefs (London, 1810), and Wallace, a Tragedy, by Professor Robert Buchanan (Glasgow, 1856), deserve notice for their spirit. There is a Bibliotheca Wallasiana appended to the anonymous Life of Wallace (Glasgow, 1858). The Life itself is mainly taken from Carrick's Memoir.]

WALLACE, WILLIAM (1768–1843), mathematician, son of a leather manufacturer in Dysart, Fifeshire, was born there on 23 Sept. 1768. On his father's removal to Edinburgh, William was apprenticed to a bookbinder, and afterwards became a warehouseman in a printing office. Here, by his own industry, he mastered Latin, French, and mathematics. After being for some time a bookseller's shopman, acting as a private teacher, and attending classes at the university, in 1794 he was appointed assistant mathematical teacher in Perth Academy. During this period he contributed to the ‘Transactions of the Royal Society of Edinburgh’ and the ‘Encyclopædia Britannica.’ In 1803 his patron, John Playfair [q. v.], advised him to apply for the office of mathematical master in the Royal Military College at Great Marlow. This post he obtained as the result of competitive examination. He also lectured on astronomy to the students.

In 1819 he succeeded (Sir) John Leslie [q. v.] as professor of mathematics in Edinburgh University, and occupied the chair till 1838, when he retired owing to ill-health, and was accorded a civil-list pension of 300l. a year. He received the degree of LL.D. from the university on 17 Nov. 1838. He died at Edinburgh on 28 April 1843. His portrait, by Andrew Geddes, is in the National Portrait Gallery, Edinburgh.

Wallace was mainly instrumental in the erection of the observatory on the Calton Hill, and of a monument to Napier, the inventor of logarithms.

Wallace was the inventor of the eidograph for copying plans and other drawings, and of the chorograph, for describing on paper


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288 near London: "At the end of the town (London) some part of the coach broke, and we were obliged to get out, and took shelter at an alehouse; in half an hour we jogged on, and about an hour after that, flop we went into a slough, not over-turned, but stuck. Well, out we were hauled again, and the coach with much difficulty was heaved out! We then once more set forward, and came to our journey's end about five o' the clock without any other accident or fright, and met with no waters worth getting out of the coach for."

Defoe speaks of a lady near Lewes whose coach had to be dragged to church by six oxen, the road being too stiff for horses to attempt.

Throughout the eighteenth century the improvement in travelling advanced steadily if slowly. When George II. ascended the throne, highway robbery had reached its height, but with the hanging of the famous Dick Turpin in 1739 it began to decline. The passing of the Turnpike Act, making them compulsory all over the country, was one of the most important measures of the century. It was quickly succeeded by four hundred Acts passed for repairing the highways in different parts of England. But even the "family


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 any triangle having one side and all its angles given.

Besides many articles contributed to the ‘Transactions’ of the Royal Society of Edinburgh, the Royal Astronomical Society, and the Cambridge Philosophical Society, to Leybourne's ‘Mathematical Repository,’ ‘Gentleman's Mathematical Companion,’ ‘Edinburgh Encyclopædia,’ and ‘Encyclopædia Britannica,’ Wallace wrote:
 * 1) ‘A New Book of Interest, containing Aliquot Tables, truly proportioned to any given rate,’ London, 1794, 8vo.
 * 2) ‘Geometrical Theorems and Analytical Formulæ,’ Edinburgh, 1839, 8vo.

WALLACE, WILLIAM (1844–1897), professor of moral philosophy at Oxford, born at Cupar-Fife on 11 May 1844, was son of James Cooper Wallace, housebuilder, by his wife, Jean Kelloch, both persons of considerable originality and force of character. After spending four years at the university of St. Andrews, Wallace gained an exhibition at Balliol College, Oxford, in 1864, and in 1867 became fellow of Merton College. In 1868 he was appointed tutor of Merton, and in 1871 was chosen librarian. He graduated B.A. in 1868 and M.A. in 1871. In 1882 he was appointed Whyte professor of moral philosophy, and held that office, along with the Merton tutorship, till his death, fifteen years later.

As a professor he had great influence upon many generations of students of philosophy at Oxford. In his lectures he aimed not so much at the detailed exposition of philosophical systems as at exciting thought in his hearers. He lectured without notes, and seemed to develop his subject as he spoke; and the touches of humour with which his discourse was lighted up, the subtle beauty of expression which he often attained, combined with the gravity and earnestness of his manner, produced an impression of insight and sincerity which was unique of its kind.

He was killed by a bicycle accident a few miles from Oxford on 18 Feb. 1897. In 1872 he married Janet, daughter of Thomas Barclay, sheriff-clerk of Fife, by whom he had a daughter and two sons.

Wallace's writings are almost all devoted to the exposition of German philosophy, particularly of the philosophy of Hegel; but he was no mere reproducer of other men's thoughts. He absorbed the ideas of the writers with whom he dealt, and assimilated them to his own thought, so as to give to his exposition the effect of a fresh view of truth. Well read both in classical and modern literature, he was peculiarly successful in freeing philosophical conceptions from technical terms and reclothing them in language of much literary force and beauty. With him the effort to grasp the essential meaning of his subject always went along with the endeavour to express it in words which should have at once imaginative and scientific truth.

Besides many reviews and essays in ‘Mind’ and other journals, Wallace's published works were:
 * 1) ‘The Logic of Hegel,’ 1873 (translated from Hegel's ‘Encyclopædia of Philosophical Sciences’), with an introduction containing one of the earliest and most luminous expositions of the Hegelian point of view in the English language. In 1892 a second edition of his ‘Logic of Hegel’ appeared with notes, followed in the next year by a volume of ‘Prolegomena,’ based upon his earlier introduction, but containing much new matter.
 * 2) ‘Epicureanism,’ 1880 (in the series of ‘Chief Ancient Philosophies’ published by the Society for Promoting Christian Knowledge).
 * 3) ‘Kant,’ 1882 (in ‘Blackwood's Philosophical Classics’).
 * 4) ‘The Life of Arthur Schopenhauer,’ 1890.
 * 5) ‘Hegel's Philosophy of Mind’ (translated, like the ‘Logic,’ from the ‘Encyclopædia of Philosophical Sciences’), with five introductory essays.
 * 6) ‘Lectures and Essays on Natural Theology and Ethics,’ selected from his manuscripts, ‘edited, with a biographical introduction,’ by the present writer, Oxford, 1898, 8vo.

WALLACE, WILLIAM VINCENT (1813–1865), musical composer, was born at Waterford on 1 July 1813, his father, a Scot, being bandmaster of the 29th regiment and a bassoon-player in the orchestra of the Theatre Royal, Dublin, in which his sons Wellington and Vincent played the second flute and violin respectively. While still quite a lad Vincent Wallace was a masterly player on the pianoforte, clarinet, guitar, and violin. At sixteen years of age he was organist of Thurles Cathedral for a short time (Musical World, 1865, p. 656), and appeared as violinist in a public concert at Dublin in June 1829, and in 1831 at a musical festival there, where he heard Paganini. He was also leader of the Dublin concerts, and played a violin concerto of his own at a Dublin concert in May 1834. In 1834 he began to weary of the limited musical possibilities of the Irish capital, married a


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Rh coach" belonging to the country squire remained long months together in the stable-yard, and the family contented themselves in the garden and park. In every part of the country a great love of gardening was growing up, and landscape gardening was taking the place of the formal symmetrical garden. Hedges were no longer clipt in fantastic shape and form, trees were no longer grown in pyramids or cones, flower-beds no longer laid out in geometrical form. Symmetry of design gave way to a wild, luxuriant, irregular, and natural beauty, untamed by the hand of man. New plants were imported, fresh evergreens were grown, exotics increased, books on gardening poured forth, and the interest in botany and gardening grew apace.

Less progress was evident inside the squire's old house. Oak furniture was passing out of fashion. Indeed, the finest old oaks in England had been cut down for the navy in the days when "hearts of oak were our ships." Mahogany was the rage at this time. George II. had ordered the staircases at his country houses to be constructed of mahogany, and it soon became the fashion to sit on chairs and dine off tables of mahogany. But these were innovations which


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 daughter of Kelly of Blackrock, and in August 1835 set out for Australia. There he went straight into the bush, devoted some attention to sheep-farming, and practically abandoned music. He also separated from his wife, whom he never saw again. Once when visiting Sydney he attended an evening party, took part casually in a performance of a quartette by Mozart, and so captivated his audience that the governor, Sir John Burke, induced him to give a concert, he himself contributing a present of a hundred sheep by way of payment for his seats.

Then Wallace began his wanderings, an account of part of which Berlioz tells in the second epilogue of his ‘Soirées de l'Orchestre’ (Paris, 1884, p. 413). He visited Tasmania and New Zealand, where he narrowly escaped assassination at the hands of savages, from whom he was saved under romantic circumstances by the chief's daughter. While on a whaling cruise in the South Seas on the Good Intent, the crew of semi-savage New Zealanders mutinied and murdered all the Europeans but three, of whom Wallace was one. Proceeding to India, Wallace was highly honoured by the begum of Oude, and, after wandering there some time and visiting Nepal and Kashmir, he went to Valparaiso at a day's notice, crossed the Andes on a mule, and visited Buenos Ayres; thence to Santiago, where among the receipts of a concert he gave were some gamecocks. For a concert at Lima he realised 1,000l. In Mexico he wrote a ‘Grand Mass’ for a musical fête, which was many times repeated. He invested his considerable savings in pianoforte and tobacco factories in America, which became bankrupt.

In 1845 he was back in London, where at the Hanover Square Rooms he made his English début as a pianist on 3 May (Musical World, 1845, p. 215). In London he renewed his acquaintance with Heyward St. Leger, an old Dublin friend, who introduced him to Fitzball, the result being the opera ‘Maritana,’ produced with rare success at Drury Lane on 15 Nov. 1845. ‘Matilda of Hungary’ followed in 1847 with one of the worst librettos in existence, by Alfred Bunn [q. v.] Wallace then went to Germany, with a keen desire to make his name known there, and there he wrote a great deal of pianoforte music. From overwork on a commission to write an opera for the Grand Opéra at Paris, he became almost blind, and to obtain relief he went a voyage to the Americas, where he gave many concerts with good success.

In 1853 he returned to England, and on 23 Feb. 1860 ‘Lurline’ was produced under Pyne and Harrison at Covent Garden, with a success surpassing that of ‘Maritana.’ On 28 Feb. 1861 his ‘Amber Witch’ was brought out at Her Majesty's, an opera which Wallace deemed his best work, and was followed in 1862 and 1863 by ‘Love's Triumph’ (Covent Garden, 3 Nov.) and ‘The Desert Flower’ (Covent Garden, 12 Oct.) His last work was an unfinished opera called ‘Estrella.’ He died at Château de Bagen, in the Pyrenees, on 12 Oct. 1865 (and was buried at Kensal Green on 23 Oct.), leaving a widow (née Hélène Stoepel, a pianist) and two children in indigent circumstances.

Wallace was a good pianist, and a linguist of considerable attainments. The list of his compositions fills upwards of a hundred pages of the ‘British Museum Catalogue.’

[Authorities quoted in the text; American Cyclopædia of Music and Musicians, the article in which is by a personal friend of Wallace; Pougin's William Vincent Wallace: Étude Biographique et Critique, Paris, 1866; Athenæum, 1865, p. 542; Choir and Musical Record, 1865, p. 75, where Rimbault errs in most of his dates; Musical World, 1865, p. 656, art. written by a fellow traveller of Wallace; Musical Opinion, 1888, p. 64 (which quotes an article by Dr. Spark from the Yorkshire Post); Grove's Dict. of Music and Musicians; manuscript Life of Wallace by W. H. Grattan Flood; a condensed list of Wallace's compositions is given in Stratton and Brown's British Musical Biography.]

WALLACK, JAMES WILLIAM (1791?–1864), actor, second son of William Wallack (d. 6 March 1850, at Clarendon Square, London, aged 90), a member of Philip Astley's company, and of his wife, Elizabeth Field Granger, also an actress, was born at Hercules Buildings, Lambeth, most probably in 1791 (other accounts have it that he was born on 17 or 20 Aug. 1794). His youngest sister, Elizabeth, was mother of Mrs. Alfred Wigan [see ].

His brother, (1790–1870), born in 1790, acted in America about 1821, and appeared at Drury Lane on 26 Oct. 1829 as Julius Cæsar to his brother's Mark Antony. Subsequently he was stage-manager at Covent Garden. He died in New York on 30 Aug. 1870. He played Pizarro, Lord Lovell in ‘A New Way to pay Old Debts,’ O'Donnell in ‘Henri Quatre,’ Buckingham in ‘Henry VIII,’ and other parts, and was on 28 Nov. 1829 the first Major O'Simper in ‘Follies of Fashion,’ by the Earl of Glengall. He married Miss Turpin, an actress at the Haymarket. In America he was received as Hamlet, Sir Peter Teazle, Sir Anthony Absolute, and many other parts.


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290 took long to penetrate to the country homes of our forefathers. The interior of their houses was plain. Often enough the country gentleman had no carpet on his floor or curtains to his windows. He had no piano, but there might be found a harp, spinet, or virginal in the home of the smaller squire. Failing all else, there was always the old eight-day clock. There were few easy-chairs, no writing-tables or bureaus, such features of our modern living rooms, for letters were rare. They were written with quill pens and pale ink, and in the absence of envelopes were folded and sealed with a huge piece of sealing-wax. Two brass candlesticks, with a pair of snuffers and tinder and flint for striking a light, stood ever on the mantelpiece, in the absence of matches. The kitchen was moderate in size, there was no kitchen range, and the cooking utensils were still clumsy. Spits for roasting were turned by lads known as Jacks, or even dogs trained for the purpose. The lady of the house always carved the joints for her family and guests. Indeed, it was part of a woman's education at this time to take lessons in carving, so that she might perform her duty properly. The old love of hospitality still existed, and guests were


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There is a typo: Death and Burial amonge the Roumanians should be: Death and Burial among the Roumanians
 * Fixed. You are very welcome to correct any errors in these texts where they diverge from the image. — billinghurst  sDrewth  01:28, 5 October 2010 (UTC)

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Rh repeatedly pressed to eat of certain dishes. The food was simple, if lavish. The first course would consist of a "good big dish of meat," weighing some fifteen pounds, either boiled or salt beef, roast beef, boiled mutton, with vegetables always served under the joint, followed by a pudding "made of rice, flour, and breadcrumbs."

"An Englishman's table is remarkably clean," says a Frenchman of this period. "The linen is very white, the plate shines brightly, and knives and forks are changed surprisingly often, that is to say, every time a plate is removed. When every one has done eating," he continues, "the table is cleared, the cloth even being removed, and a bottle of wine, with a glass for each guest, is placed upon the table. The King's health is first drunk, then that of the Prince of Wales, and finally that of all the Royal Family. After these toasts the women rise and leave the room, the men paying them no attention or asking them to stay; the men remain together for a longer or lesser time. This custom surprises foreigners, especially Frenchmen, who are infinitely more polite with regard to women than are Englishmen; but it is the custom, and one must submit."


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292 The ladies having retired, decanters of port and madeira were put upon the table, and the guests helped themselves for the most part liberally. "It was the custom of Squire Western every afternoon, as soon as he was drunk, to hear his daughter play upon the harpsichord … he never wished any music but what was light and airy; indeed, his favourite tunes were 'Old Sir Simon the King,' 'St. George he was for England,' 'Bobbing Joan,' and others." "Bobbing Joan" was a country dance, and other familiar and favourite tunes of the day were "The Whirligig," "The Grasshopper," "The Dumps," "Sweet Kate and Blouzy Bella." A dinner party in the country usually ended with dancing. The hornpipe, cotillon, reel, country dances, and stately minuet were performed by a mixed assembly to the "scraping of a fiddle or the tinkling of the harpsichord," and in this connection it is interesting to note that there was no frequent change of partner, as there is to-day, but a lady was obliged to dance the whole evening through with the same man. Each lady placed her fan on the table, and danced with the partner who selected her fan from the many.

It was distinctly a merrier England than is the


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Rh England of to-day. Dancing, drinking, card-playing, dining, hunting, took up a large share of men's thoughts. "Every town had its fair, every village its wake." But morals were low, and conversation was coarse. "You could no more suffer in a British drawing-room a fine gentleman or a fine lady of Queen Anne's time, or hear what they heard and said, than you would receive an ancient Briton," says Thackeray, in words which apply equally to the early Hanoverian period.

Indeed, there was little to refine and elevate at this time. Religion was at a low ebb, reading at a discount, learning not compulsory. One is almost surprised to see that such new books as "Gulliver's Travels" and "Robinson Crusoe" could be bought for sixpence, "tastefully bound in flowered and gilt Dutch paper." Magazines, too, were increasing. The Gentleman's Magazine made its appearance in 1731, and was followed by the London Magazine, till in 1750 there were eight periodicals in circulation. But these were for the educated few. There was no national education as yet, and servants in town and country were peculiarly ignorant. They were taken for the most part from the farmer class,


text: Dictionary of National Biography, 1885-1900/Walker, John (1731-1803)


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 CHAPTER 11

consists of a number of people who, having somehow got hold of it, make use of the machinery of coercion to the end that they might pursue their version of happiness without respect to the discipline of the market place. They batten on Society. Taking into consideration the paraphernalia of coercion—laws, propaganda, and the police—the State might be called an institution; but at bottom it is a gang of people. The character of the State is more evident when the gang is an alien group, a conquering horde or imperialistic power, or where a distinct social class, a nobility, rides herd; then again, as under communism, where a self-anointed and self-appointed group devote themselves to the use of power. Obscurantism sets in and disguises the character of the State when the personnel of rulership is subject to periodic change, and particularly when the oligarchy convinces both itself and Society that it serves a noble purpose. It is in the phrase "social service" that the true character of the State is lost.

There are services which are indeed social, for without them there could not be a Society. The cobbler is a social servicer because he shoes people. So is the manufacturer of toothpicks or the doctor or the entertainer, or any person who devotes himself to satisfying human desires. Whether 99

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 lamb of the season is male the farmer will have good luck: bad luck if it is a female.

Swans.—The eggs of the swan are hatched by thunder and lightning.

Pigeons.—If a rich man asks for a pigeon-pie or a pigeon in any other form, it is a sign that his death is near.

Fairies.—Fairies are the souls of good Druids who died before the introduction of Christianity. They are not good enough for heaven, and not bad enough for hell.

A Wishing Cell.—At St. Govain in Pembrokeshire there is a “wishing cell” in the rock. It is said that any one who turns round inside wishing for the same thing all the time, will get it before the end of the year. The place is still visited by young people who are in love.

To cure the bite of a mad dog.—An old man who was brought up on the mountains of Cardiganshire informed me that when a dog was bitten by a mad dog it was customary to write on a piece of paper the following charm: arare, char are, phragnare, phragnare, cnare, arare, arare, cnarare, phragnare. This was put in a piece of bread and given to the dog to eat. This charm is said to have been received from the celebrated wizard, Dr. Harries of Cwrtycadno in Carmarthenshire, well known in Wales and on the English borders.

Llanilar, Cardiganshire.

kindly sends the following extract:

“At a village called Valle Pietra near Subiaco, on a certain day in August the villagers drive a cow round the village, goading it with thrusts of knives and other weapons, and singeing it with lighted sticks. After this the animal is put in a stable for the night: but it is essential that it should not be fed. The following day it is again hunted in the same manner, and it is finally killed and the meat eaten. On the second day, as it passes the houses, the villagers give money to pay the cost of

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text: Dictionary of National Biography, 1885-1900/Walker, John (1759-1830)


text: Dictionary of National Biography, 1885-1900/Walker, John (1770-1831)


text: Dictionary of National Biography, 1885-1900/Walker, John (1768-1833)


text: Dictionary of National Biography, 1885-1900/Walker, John (1781?-1859)


text: Dictionary of National Biography, 1885-1900/Walker, Joseph Cooper


text: Dictionary of National Biography, 1885-1900/Walker, Obadiah


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 anyone is a social servicer is determined by Society, by those who willingly give up to him their possessions to avail themselves of his offerings. The more successful he is the more social he is, for his success records the quality and quantity of satisfactions he has rendered to others.

But the "social services" with which the State occupies itself are quite different in character from those that Society designates as services in the market place. They are enterprises which have nothing at all to do with the market place, are not subject to competitive conditions, do not exist because Society has chosen them to exist, and would not exist but for the power of political management to impose them on Society. Society is compelled to keep them going. Whether they are services or not is determined by the dictum of the State. Since the State is possessed of a monopoly of coercion, and has no other competence, the "services" it presumes to render cannot be subjected to any other judgment. But, though coercion is its own justification, the acceptance of it by Society calls for moral support; and so it is said that there are some services which can best be performed collectively and these are called "social."

What can be done collectively that cannot be done without the use of force? What are "social services"? The category varies with the incidence of power. In one State the operation of a railroad comes under that heading, in another this is held to be a private business. Insurance was once a service rendered by specialists to those who availed themselves of it; now the field is being invaded and promises to be preempted by the State. Even in the same State the definition of "social services" undergoes change by force of law, as when the United States outlawed the delivery of mail by 100

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text: 1911 Encyclopædia Britannica/Pasteur, Louis


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26 So saying she crossed the room, and—resting in a corner—her glad proud eye met the old General's baton, which the day before in one of his frolic moods Pierre had taken from its accustomed place in the pictured-bannered hall. She lifted it, and musingly swayed it to and fro; then paused, and staff-wise rested with it in her hand. Her stately beauty had ever somewhat martial in it; and now she looked the daughter of a General, as she was; for Pierre's was a double revolutionary descent. On both sides he sprung from heroes.

'This is his inheritance—this symbol of command! and I swell out to think it. Yet but just now I fondled the conceit that Pierre was so sweetly docile! Here sure is a most strange inconsistency! For is sweet docility a general's badge? and is this baton but a distaff then?—Here's something widely wrong. Now I almost wish him otherwise than sweet and docile to me, seeing that it must be hard for man to be an uncompromising hero and a commander among his race, and yet never ruffle any domestic brow. Pray heaven he show his heroicness in some smooth way of favouring fortune, not be called out to be a hero of some dark hope forlorn;—of some dark hope forlorn, whose cruelness makes a savage of a man. Give him, God, regardful gales! Fan him with unwavering prosperities! So shall he remain all docility to me, and yet prove a haughty hero to the world!'

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 BOOK II

LOVE, DELIGHT, AND ALARM

I

the previous evening, Pierre had arranged with Lucy the plan of a long winding ride, among the hills, which stretched around to the southward from the wide plains of Saddle Meadows.

Though the vehicle was a sexagenarian, the animals that drew it, were but six-year colts. The old phaeton had outlasted several generations of its drawers.

Pierre rolled beneath the village elms in billowy style, and soon drew up before the white cottage door. Flinging his reins upon the ground he entered the house.

The two colts were his particular and confidential friends; born on the same land with him, and fed with the same corn, which, in the form of Indian-cakes, Pierre himself was often wont to eat for breakfast. The same fountain that by one branch supplied the stables with water, by another supplied Pierre's pitcher. They were a sort of family cousins to Pierre, those horses; and they were splendid young cousins; very showy in their redundant manes and mighty paces, but not at all vain or arrogant. They acknowledged Pierre as the undoubted head of the house of Glendinning. They well knew that they were but an inferior and subordinate branch of the Glendinnings, bound in perpetual feudal fealty to its headmost representative. Therefore, these young cousins never permitted themselves to run from Pierre; they were impatient in their paces, but very patient in the halt. They were full of good-humour too, and kind as kittens. 5em

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28 'Bless me, how can you let them stand all alone that way, Pierre,' cried Lucy, as she and Pierre stepped forth from the cottage door, Pierre laden with shawls, parasol, reticule, and a small hamper.

'Wait a bit,' cried Pierre, dropping his load; 'I will show you what my colts are.'

So saying, he spoke to them mildly, and went close up to them, and patted them. The colts neighed; the nigh colt neighing a little jealously, as if Pierre had not patted impartially. Then, with a low, long, almost inaudible whistle, Pierre got between the colts, among the harness. Whereat Lucy started, and uttered a faint cry, but Pierre told her to keep perfectly quiet, for there was not the least danger in the world. And Lucy did keep quiet; for somehow, though she always started when Pierre seemed in the slightest jeopardy, yet at bottom she rather cherished a notion that Pierre bore a charmed life, and by no earthly possibility could die from her, or experience any harm, when she was within a thousand leagues.

Pierre, still between the horses, now stepped upon the pole of the phaeton; then stepping down, indefinitely disappeared, or became partially obscured among the living colonnade of the horses' eight slender and glossy legs. He entered the colonnade one way, and after a variety of meanderings, came out another way; during all of which equestrian performance, the two colts kept gaily neighing, and good-humouredly moving their heads perpendicularly up and down; and sometimes turning them sideways toward Lucy; as much as to say—We understand young master; we understand him, miss; never fear, pretty lady: why, bless your delicious little heart, we played with Pierre before you ever did.

'Are you afraid of their running away now, Lucy?' said Pierre, returning to her.

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Rh 'Not much, Pierre; the superb fellows! Why, Pierre, they have made an officer of you—look!' and she pointed to two foam-flakes epauletting his shoulders. 'Bravissimo again! I called you my recruit, when you left my window this morning, and here you are promoted.'

'Very prettily conceited, Lucy. But see, you don't admire their coats; they wear nothing but the finest Genoa velvet, Lucy. See! did you ever see such well-groomed horses?'

'Never!'

'Then what say you to have them for my groomsmen, Lucy? Glorious groomsmen they would make, I declare. They should have a hundred ells of white favours all over their manes and tails; and when they drew us to church, they would be still all the time scattering white favours from their mouths, just as they did here on me. Upon my soul, they shall be my groomsmen, Lucy. Stately stags! playful dogs! heroes, Lucy. We shall have no marriage bells; they shall neigh for us, Lucy; we shall be wedded to the martial sound of Job's trumpeters, Lucy. Hark! they are neighing now to think of it.'

'Neighing at your lyrics, Pierre. Come, let us be off. Here, the shawl, the parasol, the basket; what are you looking at them so for?'

'I was thinking, Lucy, of the sad state I am in. Not six months ago, I saw a poor affianced fellow, an old comrade of mine, trudging along with his Lucy Tartan, a hillock of bundles under either arm; and I said to myself—There goes a sumpter, now; poor devil, he's a lover. And now look at me! Well, life's a burden, they say; why not be burdened cheerily? But look ye, Lucy, I am going to enter a formal declaration and protest before matters go further with us. When we are married, I am not to carry any bundles, unless in cases of real need; and what is more, when there are any of

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text: Dictionary of National Biography, 1885-1900/Walker, Robert (d.1658?)


text: Dictionary of National Biography, 1885-1900/Walker, Robert (1709-1802)


text: Dictionary of National Biography, 1885-1900/Walker, Robert Francis


text: Dictionary of National Biography, 1885-1900/Walker, Samuel


text: Dictionary of National Biography, 1885-1900/Walker, Sayer


text: Dictionary of National Biography, 1885-1900/Walker, Thomas (1698-1744)


text: Dictionary of National Biography, 1885-1900/Walker, Thomas (1784-1836)


text: Dictionary of National Biography, 1885-1900/Walker, Thomas (1822-1898)


text: Dictionary of National Biography, 1885-1900/Walker, Thomas Larkins


text: Dictionary of National Biography, 1885-1900/Walker, William (1623-1684)


text: Dictionary of National Biography, 1885-1900/Walker, William (1791-1867)


text: Dictionary of National Biography, 1885-1900/Walker, William Sidney


text: Dictionary of National Biography, 1885-1900/Walkingame, Francis


text: Dictionary of National Biography, 1885-1900/Walkinshaw, Clementina


text: Dictionary of National Biography, 1885-1900/Wall, Richard


text: Dictionary of National Biography, 1885-1900/Wall, William


text: Dictionary of National Biography, 1885-1900/Wallace, Eglantine


text: Dictionary of National Biography, 1885-1900/Wallace, Grace


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 especial attention, and, as the result, an elaborate report ‘On the Coal Resources of India’ was presented to the secretary of state for that country. Sixteen memoirs on separate subjects were also published.

Oldham's official labours left him little time for independent authorship, but he communicated one paper (on upper cretaceous rocks in Eastern Bengal) to the ‘Quarterly Journal of the Geological Society of London,’ and was joint author of another; he also wrote, in conjunction with Professor John Morris [q. v.], a memoir on the fossil flora of the Rajmahal series. Altogether his separate papers number about thirty-four. But the best memorial of his administration and scientific ability will be found in the publications of the Indian Geological Survey. These form four sets: (1) ‘Annual Reports,’ commenced in 1858; (2) ‘Records,’ commenced in 1868; (3) ‘Memoirs’ (on separate districts), commenced in 1859; (4) ‘Palæontologica Indica,’ that is, descriptions and figures of the organic remains obtained during the survey. Oldham's last work in India was to complete the transfer of the library and collection of the Geological Survey from its former quarters to the Imperial Museum of Calcutta. A quarter of a century of arduous labour had so much weakened his health that in 1876 he retired from the survey, and, on his return to England, resided at Rugby, where he died 17 July 1878. He married in 1850 the daughter of William Dixon, esq., of Liverpool, by whom he left a family of five sons and one daughter.

Oldham was elected a member of the Royal Irish Academy in 1842, F.G.S. in 1843, and F.R.S. in 1848; he became a member of the Royal Asiatic Society of Bengal in 1857, and was four times its president. In 1874 he received the honorary degree of LL.D. from Dublin, and in 1875 the royal medal from the Royal Society, and a gold medal from the Emperor of Austria, after the Vienna exhibition. He was also a member of many societies, British and foreign.

 OLDIS. [See .]

OLDISWORTH, GILES (1619–1678), royalist divine, was younger son of Robert Oldisworth of Coin Rogers, Gloucestershire, and of Muriel, daughter of Sir Nicholas and sister of Sir Thomas Overbury [q. v.] He was born at Coin Rogers in 1619, and was educated at Westminster School. He was admitted a pensioner at Trinity College, Cambridge, on 17 May 1639; was elected to a scholarship there on 17 April 1610 (Admission Books), and, becoming a 'conscientious churchman,' graduated B.A. probably in 1642 or 1643. Soon after he was deprived of his scholarship on account of his royalist sympathies, and proceeded to Oxford, where, by virtue of a letter written on 29 Jan. 1645-6 in his behalf by the chancellor, the Marquis of Hertford, he was created M.A. on 20 July 1646.

Oldisworth was presented in 1645 by his maternal grandfather, Sir Nicholas Overbury, to the living of Bourton-on-the-Hill, Gloucestershire, where he succeeded his elder brother, Nicholas. He kept on good terms with the parliament, and retained his living during the civil war. But the laudatory tone of the dedication and an address with 'the lively portraiture of Charles the Second, king of Great Britain,' &c., in his 'Stone Rolled Away,' show him to have been an ardent supporter of a constitutional monarchy. He died at Bourton-on-the-Hill on 24 Nov. 1678, and was buried in the chancel of the church on the 27th. His will, dated the day before his death (P. C. C. 73, King), appoints his brother William guardian to his daughter Hester, a minor.

Oldisworth married Margaret Warren, and besides three daughters (two of them named Muriel) who died infants, he had two sons, Giles (b. 1650), a citizen of London in 1678, and Thomas (b. 1659), and two daughters, Mary (b. 1655) and Hester (b. 1661).

He was the author of several separately published sermons and of 'The Stone Rolled Away, and Life more Abundant: an Apologie urging Self-denyal, New Obedience, Faith, and Thankfulness.' Lowndes mentions a quarto edition, 1660, but the earliest now known is London, 1663. Another edition, with the title 'The Holy Royalist, or the Secret Discontents of Church and Kingdom; reduced unto Self-Denial, Moderation, and Thankfulness,' and without the king's portrait, was published in London, 1664. A poem, entitled 'Sir Thomas Overbury's Wife Unvailed,' is ascribed to Oldisworth, with some Latin verses (see, Alumni Westmon. p. 114). He also wrote, under the pseudonym of 'Sketlius,' a manuscript poem (Codices Rawlinsoniaui, C. 422), entitled 'A Westminster Scholar, or the Patterne of Pietie.' It is a narrative, written in five books, in high-flown language, describing members of the families of Oldisworth and Overbury under fictitious names, with some explanatory notes in the margin.

His elder brother, Nicholas, also a Westminster scholar, was author of a volume of


text: Dictionary of National Biography, 1885-1900/Wallace, James (d.1678)


text: Dictionary of National Biography, 1885-1900/Wallace, James (d.1688)


text: Dictionary of National Biography, 1885-1900/Wallace, James (1731-1803)