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 of the Bench of the Native Lands Court (1882-91) Major Mair investigated some thousands of titles, and passed through his court over two million acres of native land, clothing it with an English title. He has contributed several papers on scientific subjects to the Transactions of the New Zealand Institute. Major Mair, who holds his rank in the New Zealand Militia, was Government agent and resident magistrate at Waikato from 1870 to 1882, and now resides at Auckland. He married at Alexandra, N.Z., on May 15th, 1872, Miss Jane Black.

Mais, Henry Coathupe, M.I.C.E., was born at Westbury-on-Trym, near Bristol, and educated at the Bishop's College, being articled to a civil engineer in 1841. Having made a special study of railway construction, he sailed for Sydney in 1850, with machinery to start an engineering and foundry establishment. This scheme, however, was abandoned, and he was appointed acting engineer of the Sydney Railway Company, and in 1851 accepted employment under the City Commissioners, which he resigned in 1856. Two years later he removed to Melbourne, and assisted in the construction of the Melbourne and Sandhurst Railway until 1862, when he became manager of the Melbourne and Suburban Railway. In March 1867 Mr. Mais accepted the position of Engineer-in-Chief of South Australia, and in Jan. 1871 he was appointed, in addition, General Manager of Railways. In 1876, when the work of the position was redistributed, he retained the post of Engineer-in-Chief and Engineer of Railways and Harbours and Jetties. Mr. Mais resigned in April 1888, and is now in practice in Melbourne as a consulting engineer.

Maniapoto, Rewi, latterly known as Manga, a chief of the Ngatimaniapoto tribe, acquired a high reputation as a fighting general during the Waikato campaign in 1863. He was nominally the Maori leader during the attack upon and investment of the Orakau Pa by the British forces under Sir Duncan Cameron, but the gallant escape of the beleaguered garrison was planned and carried into execution by the young chief Hitiri Paerata. Rewi was, however, a prominent figure during the whole of the troublous times, and his influence with a large section of the insurgent tribes was paramount. At the conclusion of the war the Government marked their sense of this chief's adherence to the rules of civilised warfare by giving him a section of land in the Kihikihi township and building upon it, at the public cost, a comfortable residence. Most of the lands of his tribe were included within the confiscated boundary, but some provision was made for them by the powerful Waikato tribe.

Maning, Frederick Edward, late Native Lands Court Judge, New Zealand, was the eldest son of Frederick Maning, of Johnville, co. Dublin, Ireland, at which place he was born on July 5th, 1812. His father, attracted by the free grants of land to settlers in Van Diemen's Land, emigrated with his family to that colony, arriving at Hobart in the ship Ardent on May 24th, 1824. His son, being of an adventurous spirit, went to New Zealand in 1833, when twenty-one years of age. New Zealand was not then a British colony, but Mr. Maning acquired land from the Ngapuhi tribe at Hokianga, and took up his residence among the Maoris at Onaki, and rapidly acquired a thorough acquaintance with the laws and customs of the Maoris. This led to his being appointed a judge in the Native Lands Court, in which capacity he served for many years. He had lived among the Maoris, and looked upon himself as a "Pakeha Maori," by which name he was generally known. He published an interesting book embodying his experiences among the natives, called "Old New Zealand, by a Pakeha Maori." This is regarded as the most admirable picture of life in New Zealand in the olden time ever issued; it was republished in London in 1876, with a preface by the Earl of Pembroke. Mr. Maning died in London on July 25th, 1883. His only other published work was a small book entitled "The War in the North," which gave an account of the first Maori insurrection under Honi Heki and its suppression by the Imperial forces. The story is told from the Maori point of view. It is appended to Lord Pembroke's edition of "Old New Zealand." Judge Maning married a Maori wife. He rendered considerable services to the English in the Honi Heki war in 1845, and later in the war of 310


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 his works represent pictures first and portraits afterwards. The house, which is being built, decorated, and tarnished from his own designs, will be an ideal artist's house from his own point of view, and will contain two studios and a small picture-gallery with a top light.

Mercer, Rev. Peter, D.D., is a native of Perth, Scotland, and graduated at St. Andrews and Edinburgh Universities, obtaining his D.D. degree at the former. He landed at Adelaide in 1855, going to Victoria in 1861; and has had three charges in the colonies—viz., at Taradale, Richmond, and Echuca and Deniliquin. He was for some time secretary and treasurer of the Presbyterian Church and Professor of Sacred Languages and Exegetics.

Meredith, Hon. Charles, descended in a direct line from the last kings of Wales, was the son of George Meredith (born in Birmingham), and of his wife Sarah Westall Hicks. Charles Meredith was born at Poyston Lodge, Pembroke, May 29th, 1811, and with his father and other members of his family emigrated to Tasmania, arriving at Hobart on March 18th, 1821. After some early years of varied and adventurous life, he became a successful squatter in New South Wales; and, revisiting England in 1838, married, at Old Edgbaston Church, Birmingham, his cousin, Louisa Anne Twamley, of that city, April 18th, 1839. Returning with his wife to New South Wales, Mr. Meredith, after a year's residence there, removed to Tasmania, where he remained, and was, during a period of thirty-eight years, a prominent member of the House of Assembly. In the second Tasmanian Ministry formed after the concession of responsible government, he held the post of Colonial Treasurer under Mr. Gregson, Feb. 26th to April 25th, 1857. He held the same position in the Whyte Ministry from Jan. 20th, 1863, to Nov. 24th, 1866. He was Minister of Lands and Works in the Innes Ministry from Nov. 4th, 1872, to Aug. 4th, 1873, and Colonial Treasurer in the Reibey Ministry from July 20th, 1876, to August 9th, 1877. He was a staunch free-trader, and in 1866, when Treasurer, he introduced a measure for the abolition of Customs duties (except those on spirits and tobacco), and the substitution of trade licences and a land or property tax; but the proposal led to the defeat of the Government. Among the many measures which Mr. Charles Meredith introduced into Parliament, the one most gratifying to himself was an Act for the protection of the native black swans, then in danger of extermination; and this, although at first received with derision, eventually passed, and was succeeded by other valuable enactments for the preservation of native birds and animals. Heart-disease compelled him to resign his seat in 1879. He died in Launceston, Tasmania, March 2nd, 1880. A public fountain, erected to his memory, was placed in the Queen's Domain, Hobart, in 1885.

Meredith, Louisa Anne (née Twamley), daughter of Thomas Twamley, of Hamptead, near Birmingham, where she was born on July 20th, 1812, was chiefly educated by her accomplished mother, and at an early age wrote verses and practised art with ardour and success. In 1833 she published an octavo volume of "Poems with Illustrations" (Tilt), the latter being etchings on copper from her own original drawings. The book was most favourably reviewed, and the novelty of a girl-poet being also artist and engraver excited considerable interest. Her "Romance of Nature" was a beautiful and costly volume in verse and prose, with hand-coloured plates from her own drawings—the 3rd edition published in 1839 (Tilt). "Our Wild Flowers" told the story of the year in a narrative form, with many poems introduced, the plates hand-coloured from the author's drawings. "A Tour in South Wales" and "An Autumn on the Wye" (Tilt) were illustrated with engravings after David Cox, Cattermole, etc. On April 18th, 1839, Miss Twamley married at Old Edgbaston Church, Birmingham, her cousin, Charles Meredith, and accompanied him on his return to Australia. Her "Notes and Sketches of New South Wales," published in Murray's "Home and Colonial Library," was one of the most popular volumes of that excellent series. It was followed, some years after, by "My Home in Tasmania" (Murray), with landscape illustrations by the Bishop of Tasmania (Dr. Nixon) and the author. "Over the Straits" (Chapman & Hall) was the narrative of a visit to Melbourne and the goldfields in 1856. " Loved and  320

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 Mr. Stafford again came into power, and Mr. Fitzherbert was Secretary for Crown Lands and Immigration. The Cabinet, however, only lasted till Oct 11th. In 1876 he was appointed Speaker of the House of Representatives, and in 1879 Sir George Grey made him Speaker of the Legislative Council. This latter position he held till his death, in Jan. 1891. He was created C.M.G. in 1872 and K.C.M.G. in 1877. In 1887 Sir William Fitzherbert visited England as one of the representatives of New Zealand at the Colonial Conference, and in 1890 he was elected one of the delegates of the colony to the Federation Convention at Sydney, but died before it met, on Feb. 9th, 1891.

Fitzpatrick, Michael, M.L.A., was born at Parramatta, N.S.W., on Dec. 16th, 1816, and educated at a Roman Catholic school and at the Australian College, where he entered in Jan. 1832, and carried off the highest prizes. After acting as tutor at the Normal Institution, he became a clerk in the Lands Department of New South Wales in Oct. 1837, first-class clerk in 1846, and clerk of the Executive Council in 1851. Mr. Fitzpatrick was selected as the first Under Secretary for Lands and Works in 1856, on the introduction of responsible government. When these departments were divided, he held the office of Under Secretary for Lands until 1869, when he retired on a pension. In December of that year he was returned for the district of Yass Plains, and represented the constituency in several parliaments. He first supported the Cowper-Robertson party, and afterwards voted with Sir Henry Parkes. He was Colonial Secretary in Mr. 's Administration from Dec. 1877 to Dec. 1878. Mr. Fitzpatrick married, in August 1846, Theresa Anastasia, third daughter of Captain Small, Superintendent of Hyde Park Barracks. He died on Dec. 10th, 1881. Owing, as it was supposed, to his attitude on the education question, he was refused the rites of Christian burial by the Roman Catholic authorities. A great sensation was created, and ultimately on Dec. 22nd it was officially notified that the contretemps had arisen through a mistake, and a funeral service was performed over the grave.

Fitzroy, Lieutenant-Colonel Sir Charles Augustus, K.C.B., K.C.M., ninth Governor of New South Wales and first Governor-General of her Majesty's Australian possessions, was the only son of Lord Charles Fitzroy by his first wife, Frances, daughter of Edward Miller-Mundy, of Shipley, Derby, and was born in 1796. Sir Charles Fitzroy's grandfather, the third Duke of Grafton, sometime Prime Minister of England, was the object of the envenomed attacks of Junius. His half-brother, Admiral, famous for his storm warnings, was Governor of New Zealand from 1843 to 1845. Having entered the army, Captain Fitzroy, as he was then called, was for some time Governor of Prince Edward Island, and. from 1842 to 1845 of Antigua. In 1846 he was appointed to succeed Sir George Gipps as Governor of New South Wales, and arriving in Sydney on August 2nd of that year, was sworn in on the following day. The year after his arrival in the colony a distressing accident occurred. On Dec. 7th, 1847, whilst he was driving his wife, Lady Mary Fitzroy, in the neighbourhood of Parramatta, the horses took fright, and one of the wheels struck against a tree, causing the occupants to be thrown out, Lady Mary being killed on the spot. The deceased, to whom Sir Charles Fitzroy was married on March 11th, 1820, was the eldest daughter of Charles, fourth Duke of Richmond. Shortly after his arrival Sir Charles Fitzroy avowed his entire neutrality in regard to all matters of local concern, and it was well that he did so, as the public mind was then greatly agitated on some of the most momentous questions affecting the welfare of Australia as a whole. Mr. Gladstone, when Secretary for the Colonies in the Peel Government, from 1845 to 1846, roused great bitterness by suddenly mooting the renewal, of transportation and actually constituting a new colony in the Port Curtis district of what is now Northern Queensland by the name of Northern Australia, with at view of making it a receptacle of British convictism on a large scale. The scheme, however, collapsed on Mr. Gladstone's retirement from office, and Northern Australia reverted to the jurisdiction of New South Wales in 1849. In 1847 a long-standing difficulty was settled by the concession of some sort of fixity of tenure to the squatters, In 1848 the 166


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 the ground afforded excellent pasture after the ranker growth had been burnt off. The country thus discovered was occupied during the year 1838, and other settlers, pushing on in the same direction, in a couple of years completed the occupation of all the fine pastoral country as far westward as the Hopkins River. The brothers Learmonth, Mr. Henry Anderson, Messrs. Archibald and W. C. Yuille, and Mr. Waldie settled on the subsequently revealed gold-fields of Ballarat, Buninyong, Sebastopol, and their immediate vicinities. Some members of the Clyde Company, of Tasmania, visited the Western district in 1838, that company giving the name to the Clyde Inn, of the old Geelong coach road. They settled upon the Moorabool and the Leigh, Mr. George Russell being the manager. Major Mercer, who gave the name to Mount Mercer, and Mr. D. Fisher, were of that company. The Narmbool run, near Meredith, was taken by Mr. Neville in 1839. Ross' Creek was named from Capt. Ross, who in those early days used to perform the feat of walking in Highland costume all the way to Melbourne. But in those times travelling was a more serious matter than in these days of railroads, coaches, cabs, and other vehicles, with good roads and a generally settled country. Then there were no roads, few people, and a thick forest, encumbered about Ballarat, too, with the native hop. Mr. Archibald Fisken, of Lal Lal, was the first person to drive a vehicle through the then roadless forest of Warrenheip and Bullarook. In 1846 he drove a dog-cart tandem with Mr. W. Taylor through the bush to Longerenong, on the Wimmera.

Messrs. T. L. and S. L. Learmonth, whose father was then in Hobarton, settled their homestead on what became known as the Buninyong Gold Mining Company's ground at Buninyong. Mr. Henry Anderson, who was the earliest pioneer in what is now known as Winter's Flat, planted his homestead near the delta formed by the confluence of the Woolshed Creek and the Yarrowee, Messrs. Yuille subsequently taking that homestead and all the country now known as Ballarat West and East and Sebastopol. These settlers gave the name to Yuille's Swamp, more recently called Lake Wendouree. The Bonshaw run was taken up by Mr. Anderson, who named it Waverley Park, and

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User:Sije/Mishneh Torah/The Book of Holiness

Guide my steps with Your word, and let no iniquity control me.

BOOK FIVE: THE BOOK OF HOLINESS

It contains laws on three topics, in this order:
 * Laws of Forbidden Intercourse
 * Laws of Forbidden Foods
 * Laws of Slaughter

Sefer Qedusha


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 was Attorney-General in the latter days of the first Administration, from Jan. 6th to Nov. 13th, 1883, but did not seek re-election at the dissolution which resulted in the defeat of his party. He on several occasions acted as Crown Prosecutor and Deputy Judge of the District Courts, and in August 1889 he was appointed Acting Puisne Judge of the Supreme Court, being appointed Puisne Judge in December of the same year, and attached to the Northern Division.

Chute, General Sir Trevor, K.C.B., formerly Commander of the Forces in Australia and New Zealand, third son of the late Francis Chute, of Chute Hall, co. Kerry, by Mary Anne, daughter of Trevor Bomford, of Dublin, was born at Tralee, in 1816. He entered the army in 1831, became lieutenant in 1836, captain in 1839, major in 1847, lieut.-colonel in 1849, colonel in 1854, major-general in 1864, lieut.-general in 1872, and brevet-general in 1877. He served with the 70th Regiment in India for twelve years, and went through the Mutiny, being on May 24th, 1857, in charge of the force which occupied the fort of Hote Murdaw. From August 1858 to Jan. 1860 he commanded a brigade at Lucknow, and in Feb. 1861 embarked in command of the 70th Regiment for New Zealand. He served with his regiment during the Maori war, and in March 1863 was appointed brigadier in command of the Australian colonies. In 1865 he succeeded General in command of the forces in New Zealand, with the local rank of Brigadier-General. In the following year he conducted a campaign in the Wanganui district, capturing many pas, including Okatuku (Jan. 4th, 1866), Putahi (Jan. 7th), Otapawa (Jan. 13th), and Waikoko (Feb. 1st). The effect of this campaign was successfully to open up the road between Wanganui and Taranaki. It was during these operations that the shooting of a Maori prisoner of war by order of General led to subsequent complications between the Governor (Sir ) and the Colonial Office. Sir Trevor Chute, who was created K.C.B. in 1867, administered the government of New South Wales from the departure of Sir John Young (afterwards Lord Lisgar) to the arrival of the Earl of Belmore, Dec. 24th, 1867, to Jan. 7th, 1868, and left for England in 1870. General Chute was placed on the retired list in 1881. In 1868 he married Ellen, eldest daughter of Samuel Browning, of Epsom, Auckland, New Zealand. He died at Egmont, Bracknell, Berks, on March 12th, 1886.

Clark, Hon. Andrew Inglis, M.H.A., Attorney-General, Tasmania, son of Andrew Clark and Ann Inglis, his wife, was born at Hobart Town, on Feb. 24th, 1848. Mr. Clark was called to the Tasmanian bar on Jan. 30th, 1877. He represented Norfolk Plains in the House of Assembly from July 1878 to May 1882, and has sat for South Hobart from March 1887 down to the present time. Mr. Clark, who was married at Melbourne in Jan. 1878 to Miss Grace Ross, was appointed Attorney-General on March 29th, 1887. He was one of the representatives of Tasmania at the Federal Council of Australasia in 1888 and 1889. In 1890 he was one of the delegates of the colony to the Federation Conference in Melbourne, and in 1891 attended the Federation Convention at Sydney in the same capacity. In 1890 Mr. Clark visited England, with the intention of appearing before the Privy Council on behalf of the Government, in the litigation with the Main Line Railway; but the compromise arrived at in connection with the State purchase of the line having terminated the proceedings before the hearing, his further stay was rendered unnecessary.

Clark, Rev. Charles, the well-known lecturer, was born in London on April 19th, 1838, and entered the Baptist College at Nottingham as a student for the ministry. After filling several charges in London and the provinces, he accepted the pastorate of the Baptist Church in Albert Park, Melbourne, where he arrived in April 1869. Having been very successful as an amateur lecturer on secular subjects, he resigned his pastoral charge in 1874, and lectured professionally throughout the Australian colonies with extraordinary success. After a tour in America in 1876, where he attracted large audiences, he returned to Australia, but shortly afterwards left for England, where he remained till 1889, when he revisited Australia, and achieved a considerable measure of his former success. 92


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 and accomplished his mission with great tact and success. He accompanied Sir George Grey through the Heki war as interpreter, and saw a large amount of active service. In 1846 Mr. Clarke proceeded to England, and entered Highbury College (afterwards New College), London, to study for the ministry of the Congregational Church. In 1851 he returned once more to Hobart, and accepted the pastorate of a Congregational Church, of which he has now been the minister for forty years. For some years he edited a monthly paper entitled The Tasmanian Independent, and took a prominent part in the movement for the separation of Church and State in the colony, which ended in the abolition of State aid to religion in the year 1868. Mr. Clarke was a member of the Tasmanian Council of Education for nearly thirty years, and was several times elected its President. On the establishment of the University of Tasmania in 1890, he was elected a member of the Council and first Vice-Chancellor of the University. Besides a large amount of literary work, he is the author of "Sunday Lectures on the Epistle to the Hebrews" (Hobart, 1884). He married Martha, daughter of Henry Hopkins, J.P.

Clarke, James Langton, M.A., second son of the late Andrew Clarke, of Belmont, Donegal, Ireland, and uncle of, G.C.M.G. (q.v.), was born in 1801, and educated at the Military College at Sandhurst, obtaining a commission in the army, out of which he sold, and after graduating at Queens' College, Cambridge, was called to the bar at the Middle Temple in Jan. 1835. In 1855 he went to Victoria, and was appointed a County Court Judge, and Judge of the Court of Mines in 1871. He married on Sept. 2nd, 1852, Miss A. Maria Harrison, of London; retired on a pension in 1871, and died at Mentone on Feb. 16th, 1886.

Clarke, Joseph, J. P., third and youngest son of the late, M.L.C. (q.v.), was born at Newtown, near Hobart, Tas., on Jan. 1st, 1835. He managed his father's Tasmanian estates for some years prior to the latter's decease in 1874, when he succeeded to large estates in that colony, and in South Australia and New Zealand. Since that time Mr. Clarke has resided at Toorak, near Melbourne. He married, in 1860, Caroline, daughter of his uncle, Lewis Clarke, who settled in Australia. Mr. Clarke has given many liberal donations to public institutions and charities—notably £5000 to Trinity College, Melbourne, and £5000 to the Anglican Cathedral of that city.

Clarke, Marcus (Andrew Hislop), the distinguished Australian author, was the only son of the late William Hislop Clarke, a London barrister, and nephew of Col. Andrew Clarke, K.H., sometime Governor of Western Australia. The family were of Anglo-Irish origin. Marcus Clarke was born at Kensington, London, on April 24th, 1846, his mother dying a few months after his birth. He was educated at Chomley School, Highgate, under the late Rev. Dr. Dyne. His father dying when he was only seventeen years of age, and leaving him nothing beyond a few hundred pounds by way of patrimony, it was decided by his friends that he should try his fortunes in Australia. He accordingly went out in Green's old "liner" the Wellesley in 1864. On arriving in Melbourne he was taken in hand by his uncle, the late, then a County Court Judge in Victoria, who obtained for him a junior position in the Bank of Australia in Melbourne. Figures were not, however, to his taste, and after a brief and eccentric clerkly career, of which many amusing stories are told, he relinquished banking and took to the "bush," being sent in Jan. 1865 to acquire "colonial experience" on Swinton station, near Glenorchy, in Victoria. The owner of the station was Mr. John Holt, but his uncle had a pecuniary interest in it; and young Clarke was thus permitted to lead a desultory, half lazy, half literary life for a period of about two years, during which he acquired "experiences" which, if not exactly those designed, were of high value to him in his future career as a writer, into which latter groove he now drifted. Amongst the visitors to the station was a "materialistic philosopher" named Dr. Lewins, who, struck with the youth's mental calibre and literary capacities, mentioned his discovery of the bush genius to the late Mr., of the Melbourne Argus, who at once offered him an engagement on that paper, 95


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 in the minor capacity of theatrical reporter. This was gladly accepted, and all went smoothly until one of young Clarke's criticisms unfortunately antedated the appearance of a piece the first production of which it presumably described. He was promptly removed from the regular Argus staff, and became henceforth merely an occasional, though most copious and capable, contributor to that paper and to the well-known weekly journal the Australasian, issued from the same office. In the latter his most brilliant effusions appeared under the title of "The Peripatetic Philosopher." He also contributed special articles, principally of theatrical criticism, to the Argus, in whose columns they formed a striking and favourite feature. Mr. Clarke purchased the Australian Magazine, which he rechristened the Colonial Monthly, and which he conducted. In its pages his first attempt at novel-writing, "Long Odds," appeared in serial form. He, however, wrote the first few chapters, the tale being finished by others, Mr. Clarke, in taking a jump which his horse failed to negotiate, being thrown with great violence and fracturing his skull. This was in 1868. Narrowly escaping with life after a protracted illness, Marcus Clarke resumed his literary activities, and about this time took the principal part in founding the Yorick Club, of which he was the first secretary, and which still flourishes as the leading literary and Bohemian club of the Victorian metropolis. It was at the Yorick that Marcus Clarke first made the acquaintance of, the equally dashing poet and gentleman steeplechase rider, for whom he formed a warm affection, and whose mournful end he deeply deplored, as is evidenced by the sympathetic preface which he wrote for the posthumous edition of Gordon's poems. At this time Marcus Clarke both edited and contributed to Humbug, a brilliant weekly comic journal published in Melbourne, but which, like the Colonial Monthly, was destined to be short-lived. Mr. Clarke stopped writing for the Melbourne Punch when he took the editorship of Humbug in 1869. In the former, however, some of his most sparkling work appeared. Amongst Mr. Clarke's contributory staff on Humbug were Dr., Mr. A. L. Windsor, Mr. Charles Bright, and Mr. Henry Kendall. Altogether it was a formidable rival to Mr. James Smith's Touchstone, a contemporary weekly of similar character. On July 22nd, 1869, Mr. Clarke was married at St. Peter's Church, Melbourne, to Miss Marian Dunn, daughter of John Dunn, the well-known burlesque actor, and herself an actress of much cleverness. Mr. Clarke now ventured on dramatic work, and wrote Foul Play, a dramatisation of Reade and Boucicault's novel of that name. It was produced at the Melbourne Theatre Royal, but was only a partial success. Various succeeding adaptations were more favourably received. Mr. Clarke now produced the great literary work with which his name will always be associated in both hemispheres, and which placed him at the head of Australian authors. "His Natural Life" is a story based on the tragic experiences of the old convict days, and is equally realistic and repulsive in the horrors it reveals. It was written as the result of a trip to Tasmania undertaken with the view of recruiting the author's health. He not only attained the latter object, but procured from the old convict records of the island the materials for a most powerful narrative, "His Natural Life" at first appeared serially in the Australian Magazine. It was, however, revised almost beyond recognition prior to publication in England, where it was issued by the Messrs. Bentley, and at once attracted the favourable attention of the press and public. In the work of revision and excision Mr. Clarke was assisted by, to whom the work was dedicated on its appearance in book form. Mr. Clarke also published a selection from stories contributed to the Australasian under the title of "Old Tales of a New Country." In Jan. 1870 he was appointed Secretary to the Trustees of the Melbourne Public Library, organised by the late, who recommended him to the position and always remained his staunch friend. He became Sub-Librarian in 1876. Mr. Clarke now published "Holiday Peak" and "Four Stories High"; and his drama Plot, written in 1872 and produced at the Princess's Theatre, Melbourne, also proved an undoubted success. Mr. Clarke, having quarrelled with the Argus and Australasian proprietary, 96


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 was the son of Dr. Gosse, and was born in 1842 at Hoddesdon in Hertfordshire. He went to South Australia with his father in 1850, and, entering the Government service in 1859, was engaged on a trigonometrical survey at the far north. After holding various positions in the Survey Department, he was sent to explore new country lying 800 miles southward of central Mount Stuart, with the ultimate object of pushing over to Western Australia. He started on April 23rd, 1873, from Alice Springs, on the Port Darwin telegraph line, with five whites, three Afghans (with camels), and a native boy. On July 19th he discovered the "Ayers Rock"—a mass of granite two miles long and one wide—which he named after Sir Henry Ayers. He returned to his starting point in December, having failed, through the arid nature of the country, in pushing through to Western Australia. He, however, acquired an accurate geographical knowledge of 60,000 square miles of new country. In 1875 he was appointed Deputy Surveyor-General in recognition of his valuable services, and died prematurely on August 12th, 1881.

Gould, Albert John, M.L.A., is the representative of Patrick's Plains in the Legislative Assembly of New South Wales; and held the post of Minister of Justice in the Parkes Ministry from March 1889 to Oct. 1891, when he resigned with his colleagues.

Gould, John, F.R.S., was born at Lyme in Dorsetshire, on Sept. 14th, 1804. He was employed under Mr. Aiton at the Royal Gardens, Windsor, from 1818 to 1824. In 1830 he became possessed of a fine collection of birds from the hill countries of India, and the next year published a work descriptive of them, entitled "A Century of Birds from the Himalaya Mountains." Other important ornithological works followed, and in 1837 he issued the great work on the "Birds of Europe." The following year he visited Australia, for the purpose of studying the natural productions of that country. The result of this visit was the "Birds of Australia," a work in seven folio volumes, containing figures and descriptions of upwards of six hundred species. He also published a "Handbook to the Birds of Australia" in 1865. Other great works were "The Birds of Great Britain," and the "Mammals of Australia," those on the "Birds of Asia" and the "Birds of New Guinea" being still unfinished at the time of his death. Mr. Gould devoted much attention to humming-birds, and formed an unrivalled collection, which he exhibited in 1851 at the Zoological Society's Gardens. These, with various other specimens, stuffed with extraordinary skill by Mr. Gould, were in 1882 purchased by the British Museum. He was elected a Fellow of the Royal Society in Jan. 1843, and contributed largely to its proceedings and to other scientific journals. He died in London on Feb. 3rd, 1881.

Goyder, George Woodroffe, C.M.G., Surveyor-General, South Australia, son of the Rev. David George Goyder, of the New Jerusalem Church of London and Ipswich, was born in 1824, and emigrated to Australia in 1848. Three years later, having gone to South Australia, he entered the office of the Colonial Engineer, Colonel (afterwards Sir A. H.) Freeling, and became Chief Clerk in the Lands and Survey Department in 1853, Deputy Surveyor-General in 1858, and Surveyor-General, in succession to Colonel Freeling, in 1861. He has undertaken several exploring expeditions, and in 1869 to 1870 fixed the site of the capital of the Northern Territory at Palmerston, and laid out in sections 500,000 acres in its vicinity. For the despatch and skill with which he accomplished this difficult work he was complimented by Parliament. Mr. Goyder was created C.M.G. in 1889.

Grace, Hon. Morgan Stanislaus, C.M.G., M.L.C., Count of the Holy Roman Empire, is the son of James Grace, of Sheffield House, Queen's County, Ireland, and Ellen Mary (Russell) his wife, and was born at Clonmel, county Tipperary, on Feb. 28th, 1837. He arrived in Auckland, N.Z., on June 20th, 1860, and having been staff assistant surgeon in the Army Medical Department, was appointed, surgeon, and subsequently surgeon-general, in the colonial military forces. In addition to being a member of the Legislative Council of New Zealand since May 1870, Dr. Grace is a Count of the Holy Roman Empire and a Companion of the Order of St Michael and St. George. He married at Wellington, N.Z., on Jan. 26th, 1866, Agnes Mary, daughter of the late Hon. John Johnstone, M.L.C. 194


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Aetna Fire Insurance Company v. Boon/Dissent Clifford

MR. JUSTICE CLIFFORD, MR. JUSTICE MILLER, and MR. JUSTICE FIELD dissented.

MR. JUSTICE CLIFFORD. Parties in civil cases pending in the Circuit Court, or their attorneys of record, may file a stipulation in writing with the clerk of the court, waiving a jury; and, whenever they do so, the issues of fact in the case may be tried and determined by the court without the intervention of a jury.

Where a jury is waived and the issues of fact are submitted to the court, the finding of the court may be either general or special, as in cases where an issue of fact is found by a jury; but where the finding is general, the parties are concluded by the determination of the court, except in cases where exceptions are taken to the rulings of the court in the progress of the trial.

Such rulings, if duly presented by a bill of exceptions, may be reviewed here, even though the finding is general; but the finding of the court, if general, cannot be reviewed in this court by bill of exceptions, or in any other manner, as the act of Congress provides that the finding 'shall have the same effect as the verdict of a jury' in a case where no such waiver is made. 13 Stat. 501; Insurance Company v. Folsom, 18 Wall. 237; Norris v. Jackson, 9 id. 125; Insurance Company v. Sea, 21 id. 138; Copelin v. Insurance Company, 9 id. 461.

Facts found by a jury could only be re-examined under the rules of the common law, either by the granting of a new trial by the court where the case was tried or to which the record was returnable, or by the award of a venire facias de novo by the appellate court for some error of law which intervened in the proceedings. Parsons v. Bedford, 2 Pet. 448; 2 Story, Const., sect. 1770.

Nothing, therefore, is open to re-examination in such a case, except such of the rulings of the court made in the progress of the trial as are duly presented by a bill of exceptions.

When a court sits in the place of a jury, and finds the facts, this court cannot review that finding. If there is any error in such a case, shown by the record, in admitting or rejecting testimony, it can be reviewed here; but when the court, by permission of the parties, takes the place of the jury, its finding of facts is conclusive, precisely as if a jury had found them by verdict. Basset v. United States, 9 Wall. 38.

Matters of fact under such a submission must be found by the Circuit Court and not by the Supreme Court, as the act of Congress provides that the issues of fact may be tried and determined by the Circuit Court where the suit is brought.

Goods and merchandise deposited in a two-story brick storehouse, to a large amount, were owned by the plaintiffs; and they procured the storehouse and the goods to be insured by the defendants against loss or damage by fire, in the company of the defendants, to the amount of $6,000, to be paid within sixty days after notice and proof of loss made by the assured, in conformity with the conditions of the policy, subject to the proviso that the company shall not be liable to make good any loss or damage by fire which may happen or take place by means of any invasion, insurrection, riot, or civil commotion, or of any military or usurped power, or any loss by theft at or after a fire.

On the 15th of October, 1864, the storehouse, with the goods insured, was consumed by fire, as is more fully explained in the transcript. Payment of the loss being refused, the plaintiffs instituted the present suit. Service was made; and the defendants appeared and pleaded the general issue, with notice of special matter to be offered under that plea. Pursuant to the act of Congress, the parties filed a stipulation in writing with the clerk of the court, waiving a trial by jury; and the court proceeded to try and determine the issues of fact in the case, and the statement is, that the parties and their counsel were fully heard.

By the record, it also appears that the court, upon due consideration, 'found the issues for the plaintiffs, and rendered judgment in their favor' for the sum of $9,177.50 damages and costs of suit; and that execution issued therefor. Superadded to that is the statement of the clerk, that, upon the rendering of said judgment, the opinion of the court was filed in said matter in the words and figures set forth in the printed transcript. Judgment was rendered on the 28th of April, 1874, and on the first day of June in the same year execution against the defendants was issued to the plaintiffs, which, on the 17th of August thereafter, was returned unsatisfied; and on the same day an alias execution was issued in their favor, which has not yet been returned.

Application was made to the circuit judge by the defendants, July 13, 1874, for leave to make a case, or bill of exceptions in the case, to contain the evidence given at the trial, special findings of fact and law to be signed by the court or one of the justices who presided in the trial, and to contain such exceptions thereto as the defendants may desire to make; and that the same, when made and settled, may be filed nunc pro tunc as of the term when the judgment was rendered, and for a stay of execution. Instead of granting the application, the circuit judge laid a rule on the plaintiffs or their counsel to show cause, on a day and at a place named, why the defendants should not have the leave requested in the application.

Subsequently the parties, by stipulation, changed the time and place for hearing the rule to show cause, and agreed that it might be heard by Judge Shipman, subject to the right of the plaintiffs to object to the jurisdiction of the court or any judge thereof to entertain such an application after the expiration of the term when the judgment was rendered. Due hearing was had before the district judge, and he passed an order to the effect following: that a finding of facts in the cause, with the conclusions of the court thereon, conformably to the opinion of the court heretofore filed, be prepared by the defendants and be submitted to the plaintiffs, to be approved and signed by the court at the September Term of the Circuit Court, to be holden at Hartford on the third Tuesday of September, 1874, and that the defendants have leave to prepare a bill of exceptions which shall be allowed and signed by the judge of said court at said term, which said special finding of facts and a bill of exceptions shall be made and allowed and entered of record nunc pro tunc as of the April Term, 1874, of said court, and that execution be stayed as therein provided.

In conformity with that order, the special finding of facts and the bill of exceptions exhibited in the transcript were, on the third Tuesday of September, signed, filed, and entered of record nunc pro tunc as of the previous April Term of the said court, in the words and figures specially set forth in the transcript. Just preceding the entry of the judgment, the record states that the court found the issues for the plaintiffs, and rendered judgment in their favor. Five months after that, the court allowed the defendants to prepare a special finding, and made an order that it be entered of record as of the day of the judgment rendered at the preceding term, in direct contradiction of the entry made at the judgment term.

Beyond all doubt, the finding which preceded the judgment, as set forth in the transcript, is general, and it is equally clear that the judgment was rendered on the 28th of April, in pursuance of that finding. What is now called the 'finding of facts' and the bill of exceptions were filed at the next term of the court, which was held at Hartford the following September, nearly five months after the judgment was rendered. Both of those papers were filed and entered of record subject to the objections of the plaintiffs; and the defendants sued out the present writ of error, and removed the cause into this court.

Two errors are assigned by the defendants, as follows: 1. That the court, instead of adjudging that the defendants were liable, should have decided that they were exempt from liability, by virtue of the proviso in the policy. 2. That the judgment, instead of being for the plaintiffs, should have been for the defendants.

Any discussion of the question touching the regularity of the bill of exceptions, or of any question therein raised, is wholly unnecessary, as the errors assigned do not present any question of the kind; and, if they did, it is clear that no such question could be of any benefit to the defendants, for two reasons, either of which is conclusive against the defendants: 1. Because the record does not show that the defendants objected to any ruling of the court during the progress of the trial.

Repeated decisions of this court have settled the rule that the exception must show that it was taken and reserved by the party at the trial, but that it may be drawn out and signed or sealed by the judge afterwards. United States v. Breitling, 20 How. 252; Dredge v. Forsyth, 2 Black, 563; Kellogg v. Forsyth, 2 id. 571.

2. Because the bill of exceptions was neither made, signed, nor entered of record until the next term, nearly five months after the judgment was rendered. Flanders v. Tweed, 9 Wall. 425.

Unless it appears that the objection to the ruling of the court was taken at the trial, the bill of exceptions drawn up and signed subsequently to the judgment, if it has no other foundation than a ruling of the court not objected to at the time, cannot properly be regarded as a part of the record.

Tested by these considerations, it is clear that the questions presented in the paper called the bill of exceptions must be overruled, for the reason that the paper in question was never signed, filed, or entered of record in season to constitute a part of the record.

Suppose that is so, then it is clear that there is no proper bill of exceptions in this case. Concede that, and it follows that the paper called 'finding of facts' is the only matter that remains for re-examination.

Even the defendants do not contend that the opinion of the court filed in the case, at the date of the judgment, is the special finding contemplated by the act of Congress empowering parties to waive a jury, nor do they deny that the general finding therein specified concludes the parties where there are no proper exceptions to the rulings of the court during the progress of the trial. Such a denial, if made, would be of no avail, as the act of Congress provides that the finding, whether general or special, shall have the same effect as the verdict of a jury; and every one knows that the seventh amendment provides that no fact tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law.

Confirmation of those views, if any be needed, is found in numerous decisions of this court, in which the very point as to the legal effect of a general finding of the Circuit Court is expressly adjudged and determined. Cooper v. Omohundro, 19 Wall. 65; Crews v. Brewer, id. 70; Insurance Company v. Sea, 21 id. 158.

Issues of fact in such a case may be tried and determined by the Circuit Court; and, if it be true that the general finding of the court shall have the same effect as the verdict of a jury, then it follows that the finding can only be re-examined either by a motion for a new trial in the court where the finding was made, or by the award of a venire facias de novo in the appellate court. When the finding is special, the review may also extend to the determination of the sufficiency of the acts found to support the judgment; but 'if the jury is waived, and the court chooses to find generally for one side or the other, the losing party,' says Mr. Justice Bradley, 'has no redress, on error, except for the wrongful admission or rejection of evidence.' Dirst v. Morris, 14 id. 484.

Viewed in the light of these suggestions, it is clear that the general finding in such a case concludes the right of the parties, unless there is some proper exception to the ruling of the court in the progress of the trial.

Where the finding is general, nothing is open to review here except such rulings of the court in the progress of the trial as are duly presented in a bill of exceptions, and, even when the finding is special, the re-examination can only extend to the question whether the facts found are sufficient to support the judgment. Propositions of fact found by the Circuit Court in such a case are equivalent to a special verdict, and, consequently, are irreviewable here except for the purpose of determining the single question whether they are sufficient to warrant the judgment; nor is the Circuit Court required to make a special finding, as the act of Congress provides that the finding of the Circuit Court may be either general or special, giving the Circuit Court the same power in that regard as has always been possessed by a jury. Insurance Company v. Folsom, 18 Wall. 237; 1 Archb. Pr. (2d Am. ed.) 213; Co. Litt. 228 b; Litt., sect. 386; 3 Bl. Com. 378.

Exceptions are allowed to the rulings of the court in the progress of the trial, and the provision is, that the review, if the finding is special, may also extend to the determination of the sufficiency of the facts found to support the judgment; but if there be no exceptions to the rulings of the court in the progress of the trial, and no special finding of the facts, the judgment must be affirmed, as this court has no power to re-examine any question decided by the Circuit Court.

Sufficient has already been remarked to show that there is no valid bill of exceptions in the case, and that the paper in the record called 'finding of facts' was not signed or filed until the taxt term after the general finding was made, and nearly five months after the judgment was rendered.

Redress here by writ of error can only be had when a party is aggrieved by some error in the foundation, proceedings, judgment, or execution of a suit in a court of record; and it is for that reason that the bill of exceptions is allowed, in order that certain matters resting in parol may be incorporated into the record for the inspection of the proper appellate tribunal. Suydam v. Williamson, 20 How. 427.

Matters resting in parol, like the opinion of the court, are not a part of the record, and nothing therein contained can be assigned for error. Williams v. Norris, 12 Wheat. 118; Davis v. Packard, 6 Pet. 41; Medbury v. State, 24 How. 414.

Findings of fact in the form called special findings, like a special verdict, furnish the means of reviewing such questions of law arising in the case as respect the sufficiency of the facts found to support the judgment; but, where the finding is general, the losing party cannot claim the right to review any question of law arising in the case, except such as grow out of the rulings of the Circuit Court in the progress of the trial, which do not in any sense whatever include the general finding, nor the conclusions of the Circuit Court embodied in the general finding, as the general finding is in the nature of a general verdict, and constitutes the foundation of the judgment.

No review of a judgment in such a case can be made here under the writ of error, unless is is accompanied by a special finding or an authorized statement of facts, without imposing upon this court the duty of hearing the whole case, law and fact, as on appeal in equity or admiralty, which would operate as a repeal of the act of Congress authorizing parties to waive a trial by jury, and als would violate the provision of the Judiciary Act, which prohibits the Supreme Court from reversing any case 'for any error in fact.' 1 Stat. 85.

Three propositions are admitted by the plaintiffs, which it is important to bear in mind, as follows: 1. That no formal special finding was made, signed, or filed until the commencement of the Circuit Court at the next term after the judgment was rendered, when the paper called in the transcript 'finding of facts' was signed, filed, and entered of record. 2. That it has been repeatedly decided by this court that the opinion of the court below does not constitute such a formal finding as that required in such a case. Insurance Company v. Tweed, 7 Wall. 44; Dickinson v. The Planters' Bank, 16 id. 250. 3. That the record shows that the opinion of the court was the only finding filed at the time the judgment was rendered, from which it is suggested rather than argued that the judgment was unauthorized or irregular.

But the suggestion is entirely without merit, as neither the law nor justice requires that the general finding of the court shall be in writing. On the contrary, the conclusion may be orally announced, and the direction to the clerk to enter the judgment may also be oral. Nor is it correct to suppose that the statement in the transcript, that the court, upon due consideration, found the issues for the plaintiffs, is either unauthorized or without legal effect. What is stated in the conclusion of the opinion, to wit, that the plaintiffs are entitled to judgment for the amount of the insurance, would have been sufficient to authorize the clerk to enter judgment if the announcement had been oral instead of in writing, as it was, and it is abundantly sufficient, when taken in connection with the judgment and the statement immediately preceding it, to warrant the conclusion that the issues were duly found for the plaintiffs, and that the judgment in their favor is regular, and that it was duly recorded.

Power is vested in this court, where the finding is special, to inquire and determine, on writ of error, whether the facts found are sufficient to support the judgment; but a report of the evidence, without such special finding, will not give this court jurisdiction to re-examine that question; nor will the fact that the court below stated some of the facts in an opinion accompanying the judgment alter things in the least, it appearing that the facts exhibited in the opinion were stated, not as a special finding, but rather as a ground to show why the judge came to the conclusion set forth in the record. Dickinson v. The Planters' Bank, supra.

Argument to show that the facts exhibited in the opinion filed in the case, which are not stated as a special finding, are insufficient to give jurisdiction in such a case, is unnecessary, as that proposition is admitted by the defendants. Certain facts are stated in the opinion of the court which was filed in the case, but they are not stated as a special finding. Instead of that, they are merely facts advanced, as Mr. Justice Strong said in the case last cited, as reasons why the Circuit Court came to the conclusion that the plaintiffs were entitled to judgment for the amount of the insurance.

Grant all that, and still it is insisted by the defendants that it was entirely within the power and discretion of the Circuit Court to make the order in question at the time it was made, and to put the findings of the court into more formal shape; but it is unfortunate for the defendants that the law is well settled the other way, nor do the authorities which the defendants cite, when properly applied, warrant any other conclusion.

Exceptions are prepared by the complaining party. Special findings are prepared by the court. Where the exception is duly taken and reserved at the trial, it may, in the discretion of the judge, be drawn out, and be signed or sealed by the judge afterwards. United States v. Breitling, 20 How. 252. Decided cases to the same effect re numerous.

It is a settled principle, say the court, in Walton v. United States, 9 Wheat. 651, cited by defendants, that no bill of exceptions is valid which is not for matter excepted to at the trial. We do not mean to say, remarked the court in that case, that the bill of exceptions should be formally drawn and signed before the trial is at an end. It will be sufficient if the exception be taken at the trial and noted by the court with the requisite certainty; and, where that is done, it may be reduced to form, and be signed by the judge during the term. Stanton v. Embry, 93 U.S. 548.

Authorities of the kind give no support whatever to the proposition of the defendants, in view of the facts of the case as they appear in the transcript. Judgment was rendered for the plaintiffs in the usual course, without any intimation from the court that any special finding would be filed in the case, or any request being made by the defendants for such a finding; and the record shows that the plaintiffs in the mean time had taken out execution for the amount of the judgment. Muller v. Ehlers, 91 U.S. 249. Valid exceptions can never be allowed, unless taken at the trial; and they will never be sustained, unless completed within the term.

Prompt action in respect to a statement of facts is also required; and, where it appeared that nearly three months had elapsed from the rendition of the judgment before it was filed, this court held that it was an irregularity, for which the court was bound to disregard it, and to treat it as no part of the record. Flanders v. Tweed, 9 Wall. 425.

Execution had issued in this case before the court granted the order that a special finding should be made, signed, and entered of record; and, inasmuch as the term in which the judgment was rendered had then expired, it is clear that the court below had not at that time any power supply a special finding of facts. Noonan v. Bradley, 12 Wall. 121; Washington Bridge Co. v. Stewart, 3 How. 413; Skillin's Ex'rs v. May's Ex'rs, 6 Cranch, 267; Ex parte Sibbald, 12 Pet. 488; Peck v. Sanderson, 18 How. 42; Martin v. Hunter's Lessee, 1 Wheat. 304; Roemer v. Simon, 91 U.S. 149.

Support to the theory that the special finding, if any, in such a case should be prepared and filed before or at the time the judgment is rendered, is derived from the present rule of the Court of Claims. Prior to its adoption, the finding of facts in that court was sometimes prepared and filed subsequent to the rendition of judgment, which was not satisfactory. Dissatisfaction arising, this court adopted the rule that, in all cases in which either party is entitled to appeal to the Supreme Court, 'the Court of Claims shall make and file their finding of facts and their conclusions of law thereon in open court before or at the time they enter their judgment in the case,' which provision, it is believed, is universally approved by the legal profession; but the requirement is much greater where the special finding is made by the Circuit Court, for the reason that the act of Congress provides that the findings, whether general or special, shall have the same effect as the verdict of a jury, and no one ever supposed that the judgment might precede the return of the verdict on which it is required to be founded.

MR. JUSTICE MILLER concurred with MR. JUSTICE CLIFFORD.

MR. JUSTICE FIELD agreed with MR. JUSTICE CLIFFORD and MR. JUSTICE MILLER that there were no special findings in the record which the court could consider; but as the majority of the court reached a different conclusion, and held that the case was properly here on its merits, he was of opinion that the law was with the defendant below,-that the loss incurred was within the exception of the policy.


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 became a contributor to the Evening Herald and Daily Telegraph, both published in Melbourne. He subsequently became connected with the Age and Leader, and contributed much brilliant matter to the latter above the signature "Atticus." The connection with both these journals lasted till his death. In 1878 Mr. Clarke refused the librarianship of the Victorian Parliamentary Library, offered him by. He did this in the certainty of obtaining the chief position in the Melbourne Public Library, which, however, was, much to his disappointment, conferred on Dr. . His fame as a writer had in the meantime become widely diffused, and he was offered a permanent position on the staff of the London Daily Telegraph by its enterprising proprietor, Mr. E. L. Lawson. This he was compelled to decline through inability to leave Australia. He died in Melbourne on August 2nd, 1881, of congestion of the liver and erysipelas supervening on pleurisy. Mr. Clarke left behind him an unfinished novel entitled "Felix and Felicitas," which displayed remarkable promise. In 1884 a selection from his writings was published by subscription by Messrs. Cameron, Laing & Co., of Melbourne. It is entitled "The Marcus Clarke Memorial Volume," and was edited by Mr. Hamilton Mackinnon, who prefaced it by a detailed Life of his friend and a complete list of his works, which is of much interest to the student of Australian literature.

Clarke, William, J.P., son of William Joseph Sayers Clarke by his marriage with Miss Mary Ann Welsford, was born in Melbourne on June 26th, 1843, and married there on June 25th, 1862, to Miss Mary Ann Mortimer. He is a Justice of the Peace for the colonies of New South Wales and Victoria, and was M.L.A. for Orange in the former colony, but was defeated at the general election in 1889. Mr. Clarke was Minister of Justice in the administration of Sir, from Jan. 20th, 1887, to Jan. 10th, 1889. He has held important positions in connection with financial institutions in the colonies, and is now Managing Director in London of the Standard Bank of Australia, Limited. Mr. Clarke was a member of the New South Wales Commission in London for the Colonial and Indian Exhibition of 1886.

Clarke, Rev. William Branwhite, M.A., F.R.S., was born at East Bergholt, in Suffolk, on June 2nd, 1798, and educated at Dedham Grammar School and at Jesus College, Cambridge, where he graduated B.A. in 1821, and M.A. in 1824. He was ordained deacon in 1821, and priest in 1824. In 1822 he published three poems: "Lays of Leisure," "Pompeii," and "The River Derwent," and in 1839 "Recollections of a Visit to Mont Blanc" and several religious poems. Whilst at Cambridge he attended the geological lectures of Professor Sedgwick and Dr. E. Clarke, and visited various parts of England in search of geological information during his vacations. After holding one or two small preferments he emigrated to New South Wales in 1839, partly for his health. He took charge of the King's School at Parramatta, and did clerical duty in that district, and subsequently at Campbell Town. From 1846 to 1870 he was incumbent of St. Thomas's, Willoughby. Mr. Clarke was the author of numerous treatises on scientific, and especially geological, subjects. In 1841 he demonstrated the existence of gold in New South Wales from geological and mineralogical evidences, and verified his contentions by finding specimens in the Macquarie valleys, and near the Vale of Clydd. In 1844 he described the existence of a goldfield in the Bathurst district without any personal exploration, and without any knowledge of 's previous discovery, which exactly coincided with his predictions. The then Governor of New South Wales, Sir George Gipps, dreading the effect of exciting the cupidity of the convicts and labourers, requested Mr. Clarke, as he had done the Count previously, to keep his discoveries secret. With this injunction Mr. Clarke was well inclined to comply, as, according to his opinion declared in 1849, gold washing was more suitable for slaves than British freemen. In comparing the geology of Russia with that of Australia, in 1847, Mr. Clarke asserted that New South Wales "would be found wonderfully rich in metals"—a prophecy which has since been amply verified. For his services to science he was in 1876 elected a Fellow of the Royal Society, and died on June 17th, 1878, at North Shore, Sydney. For Rh


text: User talk:69.143.254.25

title: User talk:69.143.254.25


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Page:Hind - Drawings of Leonardo da Vinci, 1907.djvu/7

 DRAWINGS OF LEONARDO DA VINCI

 * DRAWINGS OF THE

 * [image]

 * GREAT MASTERS


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Portal:United States Department of Commerce

Operating units

 * Bureau of Industry and Security (BIS)
 * Economics and Statistics Administration (ESA)
 * Bureau of Economic Analysis (BEA)
 * United States Census Bureau
 * Economic Development Administration (EDA)
 * International Trade Administration (ITA)
 * Minority Business Development Agency (MBDA)
 * National Oceanic and Atmospheric Administration (NOAA)
 * National Weather Service (NWS)
 * National Hurricane Center (NHC)
 * Office of Oceanic and Atmospheric Research (OAR)
 * National Oceanic and Atmospheric Administration Commissioned Corps (NOAA Corps)
 * National Telecommunications and Information Administration (NTIA)
 * Patent and Trademark Office (PTO)
 * National Institute of Standards and Technology (NIST)
 * National Technical Information Service (NTIS)

Former or defunct operating units

 * Bureau of Air Commerce (1926-1938, defunct)
 * Civil Aeronautics Board (CAB) (1940-1967, defunct)

Personnel

 * Daniel C. Roper, Secretary, 1933-1938

Works

 * Department of Commerce Announces the Addition of Huawei Technologies Co. Ltd. to the Entity List (2019)
 * Joint Statement by and Between The United States Departments of Commerce and Transportation and The Ministry of Infrastructure of Ukraine On Supporting Ukraine’s Infrastructure Resilience and Reconstruction Through Enhanced Bilateral Cooperation (2022)


text: The Dictionary of Australasian Biography/Clarke, James Langton


text: The Dictionary of Australasian Biography/Clarke, Joseph


text: The Dictionary of Australasian Biography/Clarke, Marcus


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Author:Charles Reade

Works

 * The Cloister and the Hearth (1861)
 * An early and different version of The Cloister and the Hearth was serialized in Once a Week in 1859 under the title "A Good Fight."
 * Griffith Gaunt (1866)
 * Foul Play with Dion Boucicault (1869)
 * Masks and Faces (1852) play
 * Peg Woffington, 1857 (1853) (adapted from Masks and Faces)
 * Christie Johnstone (1853)
 * The Courier of Lyons (1854) (also known as The Lyons Mail)
 * It Is Never Too Late to Mend (1856)
 * Autobiography of a Thief (1858)
 * Jack of All Trades (1858) (about the elephant Mademoiselle D'Jeck)
 * Love Me Little, Love Me Long (1859)
 * Hard Cash (1863)
 * Put Yourself in His Place (1870)
 * A Terrible Temptation (1871)
 * Shilly-Shally (1872). Unauthorized stage adaptation of Anthony Trollope's Ralph the Heir
 * A Simpleton (1873)
 * The Wandering Heir (1873)
 * A Woman Hater (1877)
 * A Perilous Secret (1884)
 * Singleheart and Doubleface (1884)
 * He would be a Gentleman

Works about Reade

 * "Charles Reade" by George Orwell (1940)
 * "Charles Reade" by George Orwell (1940)
 * "Charles Reade" by George Orwell (1940)
 * "Charles Reade" by George Orwell (1940)
 * "Charles Reade" by George Orwell (1940)
 * "Charles Reade" by George Orwell (1940)
 * "Charles Reade" by George Orwell (1940)

title: Author:Charles Reade


text: The Dictionary of Australasian Biography/Clarke, William


text:
Author:William Branwhite Clarke

Works

 * Rev. W. B. Clarke in Journal of Geological Society, vol. for 1848, pp. 60–66
 * "Stanzas" in Forget Me Not for 1826 (1825)
 * "Visit to Chillon, on the Lake of Geneva" in Forget Me Not for 1827 (1826)

title: Author:William Branwhite Clarke


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1922 Encyclopædia Britannica/Westinghouse, George

WESTINGHOUSE, GEORGE (1846-1914), American inventor and manufacturer, was born at Central Bridge, N.Y., Oct. 6 1846. In 1856 his father moved to Schenectady, N.Y., and began to manufacture farm implements. The boy early displayed inventive talent and when 15 designed and constructed a rotary engine. He entered the Union army in the Civil War in 1863 but in 1864 was appointed third assistant engineer in the navy. At the close of the war he resigned and entered Union College, but in his sophomore year, on the advice of the president, he withdrew to devote his time to mechanical invention. In 1865 he had invented a device for replacing derailed cars and also a reversible steel railway frog, but from lack of capital was unable to develop a business in Schenectady. In 1868 he went to Pittsburgh and arranged for the manufacture of his devices, which he himself sold to the railways. In 1869 he patented his air-brake and organized the Westinghouse Air Brake Co. In 1872 he invented the automatic air-brake (see 4.414). This brake was quickly adopted by railways in America and gradually in Europe. He also developed a system of railway signals, operated by compressed air with the assistance of electrical contrivances. In 1885 he acquired certain patents for alternating current machinery. In June 1912 he received the Edison gold medal for “meritorious achievement in connexion with the development of the alternating current system for light and power.” In 1893 this system was installed at the Chicago Exposition. Later his Pittsburgh establishment built dynamos for the power plants at Niagara Falls, for the rapid transit systems of New York City, and for the London Metropolitan railway. Westinghouse also devised a method for conveying gas through long-distance pipes thus making it a practicable fuel. In 1910 he was elected president of the American Society of Mechanical Engineers. He died in New York March 12 1914. He was president of some 30 corporations with a capital of about $200,000,000, employing more than 50,000 persons.


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 Mr. John Winter coming into possession shortly afterwards gave to it the present name, after his wife's home in Scotland. Messrs. Pettett and Francis, in 1838 (as managers for Mr. W. H. T. Clarke), took up the country at Dowling Forest, so called after Mrs. Clarke's maiden name. Shortly after they had settled there Mr. Francis was killed by one of his own men with a shear-blade, at one of the stations on the run. Before Mr. Pettett took up the Dowling Forest run he was living at the Little River, and a native chief named Balliang offered to show him the country about Lal Lal. The chief in speaking of it distinguished between it and the Little River by describing the water as La-al La-al—the a long—and by gesture indicating the water-fall now so well known, the name signifying falling water. Mr. Waldie subsequently took up country north-west of Ballarat, and called his place Wyndholm, where he resided till his decease. Messrs. Yuille had settled originally on the Barwon, near Inverleigh, but finding the natives troublesome they retired to Ballarat. Mr. Smythe, who with Mr. Prentice held the run, gave the name to Smythe's Creek, as Messrs. Baillie had to the creek at Carngham their run there being afterwards transferred to Messrs. Russell and Simson. Mr. Darlot also occupied a run there. Creswick Creek has its name from Henry Creswick, who settled upon a small run there. Two brothers Creswick had previously held country close to Warrenheip. The Messrs. Baillie were sons of Sir William Baillie, Bart., of Polkemmet, Scotland. Mr. Andrew Scott settled with his family at the foot of Mount Buninyong, where he had a snug run in which the mount and its rich surrounding soil were included. Mrs. Andrew Scott was the first lady who travelled through this district. She drove across the dry bed of Lake Burrumbeet in the year 1840. The country about Smeaton and Coghill's Creek was taken up in the year 1838 by Captain Hepburn and Mr. David Coghill who came overland from New South Wales with sheep and cattle, following the route of Sir Thomas Mitchell in his expedition of exploration in Port Phillip in 1836. With them came Mr. Bowman, who also brought stock. He took up a run on the Campaspe, while his companions came on further south. The Murray was very low when they

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1922 Encyclopædia Britannica/Royce, Josiah

ROYCE, JOSIAH (1855–1916), American philosopher, was born at Grass Valley, Cal., Nov. 20 1855. He graduated from the university of California in 1875 and the following year went to the newly established Johns Hopkins University, being one of the extraordinary first group of fellows elected there. After rec e iving his Ph.D. in 1878 he was instructor in English literature and logic for four years at the university of California. In 1881 he prepared A Primer of Logical Analysis for students of English composition. In 1882 he was called to Harvard where he taught as instructor in philosophy, assistant professor (1885-92), professor of the history of philosophy (1892-1914) and Alford professor of religion, moral philosophy, and civil polity (after 1914). He was the leading American exponent of idealism (see 14.284) and his works were distinguished for their literary qualities. He was made a member of the National Institute of Arts and Letters, and received hon. degrees from Harvard, Yale, Johns Hopkins, Aberdeen, St. Andrews and Oxford. After the outbreak of the World War he was a staunch supporter of the Allies, and on Jan. 30 1916, in a notable address delivered in Tremont Temple, Boston, advocated a breach with Germany. He died in Cambridge, Mass., Sept. 14 1916.


text: 1922 Encyclopædia Britannica/Sibelius, Jean Julius Christian


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1922 Encyclopædia Britannica/Soldene, Emily

SOLDENE, EMILY (1840-1912), English singer and actress, was born at Islington, London, in 1840. She had made her debut in 1864 on the concert stage, and in 1871 appeared in Geneviève de Brabant, her favourite rôle, and in La Fille de Madame Angot in 1872. Her successes were mainly in opera-bouffe, and she retired young from the stage. She published one novel, Young Mrs. Staples (1896), and My Theatrical and Musical Recollections (1897). She died in London April 8 1912.


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1922 Encyclopædia Britannica/Solf, Wilhelm

SOLF, WILHELM (1862-      ), German colonial politician, and, at the time of the revolution, Secretary of State for Foreign Affairs, was born Oct. 5 1862 in Berlin. He made a special study of Sanskrit and Oriental languages, and, after a long sojourn at Calcutta, returned to Germany in order to study political science. He then entered the German Colonial Service and, after having been employed in a judicial post in German East Africa, was sent to Samoa, first as president of the municipal council (1899) at Apia under the old “condominium” of Great Britain, Germany and America and afterwards as governor of German Samoa (1900). In 1911 he was appointed German colonial secretary and achieved considerable success in the reform of the German colonial administration. When Prince Max of Baden's Ministry

of desperation was formed towards the end of the World War, Solf was appointed Secretary of State for Foreign Affairs on Oct. 3 1918. In this capacity it fell to his lot to conduct the negotiations for the Armistice, first with President Wilson and then with the Allied and Associated Powers. He continued to hold this office as an “expert” under the revolutionary Socialist Government of the Commissioners of the People, and did not resign till Dec. 17 1918. In 1920 he was appointed German chargé d'affaires and afterwards ambassador to Tokio. He was the author of Weltpolitik und Kolonialpolitik (1918) and of Kolonialpolitik, Mein politisches Vermächtniss (1919).


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 crossed, and the stock was easily passed over. At the Ovens they found a dry river-bed; Lake Burrumbeet was also dry that year. When Messrs. Hepburn and Coghill had left sheep at the Campaspe and Brown's Creek on their way, they pushed on, and from Mount Alexander they descried the Smeaton Hills, and, continuing their journey, found and took up the unoccupied country there. Smeaton Hill was called Quaratwong by the natives, and the hill between the Glenlyon road and Smeaton Hill was called Moorakoil. Captain Hepburn, a seafaring man originally, was one of the Hepburns of East Lothian, Scotland, and Smeaton was named by him after the East Lothian estate held by his relative. Sir Thomas Hepburn. Mr. Coghill was the first to plough land at the creek which bears his name, and in which locality there now is found one of the broadest and richest tracts of farming land in Victoria. He brought with him overland a plough, a harrow, and the parts of a hand steel flour-mill. In 1839 he ploughed and sowed wheat, and thus grew and ground the first corn grown there. In 1841 Captain Hepburn erected a water-mill for corn on Birch's Creek; that was the first mill of that kind. Birch's Creek was named after the brothers Arthur and Cecil Birch, who, with the Rev. Mr. Irvine, came overland soon after Messrs. Hepburn and Coghill, and settled at the Seven Hills. Besides the run at Coghill's Creek, taken up by Mr. Coghill for some others of his family. Cattle Station Hill was also taken by him. This run lay between Glendaruel and the Seven Hills, and was part of the purchased estate belonging to the Hepburns. The late Captain Hepburn long acted as a justice of the peace, and he was one of the squatters whom McCombie mentions as having taken part in a meeting held on the 4th of June, 1844, in front of the Mechanics' Institute, Melbourne, to protest against Sir G. Gipps' squatting policy, and to urge forward the movement for the separation of Port Phillip from New South Wales. The squatters mustered on horseback that day on Batman's Hill, and thence rode to the meeting in Collins street, the "equestrian order" thus giving an early example of the right freemen have, even in a Crown colony, to air public grievances publicly and fearlessly.

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 266 WELL DONE AND ILL PAID.

on a time there was a man, who had to drive his sledge to the wood for fuel. So a bear met him.

"Out with your horse," said the Bear, "or I'll strike all your sheep dead by summer."

"Oh! heaven help me then," said the man; "there's not a stick of firewood in the house; you must let me drive home a load of fuel, else we shall be frozen to death. I'll bring the horse to you to-morrow morning."

Yes; on those terms he might drive the wood home, that was a bargain; but Bruin said, "if he didn't come back, he should lose all his sheep by summer."

So the man got the wood on the sledge and rattled homewards, but he wasn't over pleased at the bargain you may fancy. So just then a fox met him.

"Why, what's the matter?" said the Fox; "why are you so down in the mouth?"

"Oh, if you want to know," said the man; "I met a bear up yonder in the wood, and I had to give my word to him to bring Dobbin back to-morrow, at this very hour; for if he didn't get him, he said he would tear all my sheep to death by summer."

"Stuff, nothing worse than that," said the Fox; "if you'll give me your fattest wether, I'll soon set you free; see if I don't."

Yes; the man gave his word, and swore he would keep it too.


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 Rh "Well, when you come with Dobbin to-morrow for the bear," said the Fox, "I'll make a clatter up in that heap of stones yonder, and so when the bear asks what that noise is, you must say 'tis Peter the Marksman, who is the best shot in the world; and after that you must help yourself."

Next day off set the man, and when he met the bear, something began to make a clatter up in the heap of stones.

"Hist! what's that?" said the Bear.

"Oh! that's Peter the Marksman, to be sure," said the man; "he's the best shot in the world. I know him by his voice."

"Have you seen any bears about here, Eric?" shouted out a voice in the wood.

"Say No!" said the Bear.

"No, I haven't seen any," said Eric.

"What's that then that stands alongside your sledge?" bawled out the voice in the wood.

"Say it's an old fir-stump," said the Bear.

"Oh, it's only an old fir-stump," said the man.

"Such fir-stumps we take in our country and roll them on our sledges," bawled out the voice. "If you can't do it yourself, I'll come and help you."

"Say you can help yourself, and roll me up on the sledge," said the Bear.

"No, thank ye, I can help myself well enough," said the man, and rolled the bear on to the sledge.

"Such fir-stumps we always bind fast on our sledges in our part of the world," bawled out the voice; "shall I come and help you? '

"Say you can help yourself, and bind me fast, do." said the Bear.


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 268 "No, thanks, I can help myself well enough," said the man, who set to binding Bruin fast with all the ropes he had, so that at last the bear couldn't stir a paw.

"Such fir-stumps we always drive our axes into in our part of the world," bawled out the voice; "for then we guide them better going down the steep pitches."

"Pretend to drive your axe into me, do now," said the Bear.

Then the man took up his axe, and at one blow split the bear's skull, so that Bruin lay dead in a trice, and so the man and the fox were great friends, and on the best terms. But when they came near the farm, the Fox said,—

"I've no mind to go right home with you, for I can't say I like your tykes; so I'll just wait here, and you can bring the wether to me, but mind and pick out one nice and fat."

Yes, the man would be sure to do that, and thanked the fox much for his help. So when he had put up Dobbin, he went across to the sheep-stall.

"Whither away, now?" asked his old dame.

"Oh!" said the man, "I'm only going to the sheep-stall to fetch a fat wether for that cunning fox who set our Dobbin free. I gave him my word I would."

"Wether, indeed," said the old dame; "never a one shall that thief of a fox get. Haven't we got Dobbin safe and the bear into the bargain; and as for the fox, I'll be bound he's stolen more of our geese than the wether is worth; and even if he hasn't stolen them, he will. No, no; take a brace of your swiftest hounds in a sack, and slip them loose after him; and then, perhaps, we shall be rid of this robbing Reynard."


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 Rh Well, the man thought that good advice; so he took two fleet red hounds, put them into a sack, and set off with them.

"Have you brought the wether?" said the Fox.

"Yes, come and take it," said the man, as he untied the sack and let slip the hounds.

"HUF!" said the Fox, and gave a great spring; "true it is what the old saw says, 'Well done is often ill paid;' and now, too, I see the truth of another saying, 'The worst foes are those of one's own house.'" That was what the Fox said as he ran off, and saw the red foxy hounds at his heels.

THE HUSBAND WHO WAS TO MIND THE HOUSE.

on a time there was a man, so surly and cross, he never thought his wife did anything right in the house. So one evening, in hay-making time, he came home, scolding and swearing, and showing his teeth and making a dust.

"Dear love, don't be so angry; there's a good man," said his goody; "to-morrow let's change our work. I'll go out with the mowers and mow, and you shall mind the house at home."

Yes, the husband thought that would do very well. He was quite willing, he said.

So, early next morning, his goody took a scythe over


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Weldon gated himself until very late in life, and, having a practical knowledge and a real liking for the sea, he was always very fortunate in the construction and sailing of his vessels. He died at Lullworth Castle on 19 Oct. 1863.

[Brady's Episcopal Succession, iii. 199, 345, 437; Catholic Directory, 1838, with portrait; Edinburgh Catholic Mag. new ser. London, 1837, i. 383, iii. frontispiece (portrait); Gent. Mag. 1864, i. 120; Gerard's Stonyhurst College Centenary (portrait); Gibson's Lydiate Hall, p. 148; Laity's Directory, 1838, with portrait; London and Dublin Orthodox Journal, 1837, iv. 276; Macdonell's Life of Bishop Macdonell, Toronto, 1888, p. 25; Oliver's Cornwall, pp. 50, 434; Oliver's Jesuit Collections, p. 51; Rimmer's Stonyhurst Illustrated, 1884, with portrait; Ullathorne's Autobiography, pp. 122, 125.]  WELDON, ANTHONY (d. 1649?), historical writer, of Swanscombe, Kent, descended from a younger branch of the family of Weltden of Northumberland. His father, Sir Ralph Weldon, knighted on 24 July 1603, was clerk of the Green Cloth to Queen Elizabeth and James I, and his uncle, Anthony, clerk of the kitchen. Sir Anthony, who succeeded to his uncle's office on the resignation of the latter in 1604, and to his father's in 1609, was knighted on 11 May 1617 (, History of Kent, i. 261;, Progresses of James I, iii. 299). He accompanied James I to Scotland in 1617, and is said to have been dismissed from his post at court in consequence of the discovery of his authorship of a libel against the Scottish nation (Secret History of James I, ii. 102). Two letters written by Weldon to Secretary Windebank in 1634 prove that he still kept friends at court (Cal. State Papers, Dom. 1633–4, pp. 220, 244). Other letters, including a scheme for the better assessment of ship-money and a complaint against the gunpowder monopoly, show signs of hostility to the government of Charles I (ib. 1637–8, pp. 233, 598;, Proceedings in Kent, p. 48). During the civil war Weldon was one of the chief men in the parliamentary committee in Kent, and energetically maintained the authority of parliament during the insurrections which took place in that county in 1643 and 1648 (Report on the Duke of Portland's Manuscripts, i. 296, 312, 472, 708; Tanner MSS. lxii. 175, 179; Clarke Papers, ii. 15). On 24 Oct. 1648 parliament ordered him 500l. as a reward for his faithful services (Commons' Journals, vi. 61). He died about 1649.

A portrait, or rather a caricature, of Weldon is given in the ‘Antiquarian Repertory’ (ed. 1808, ii. 320).

By his marriage with Elinor, daughter of George Wilmer, Weldon had eight sons (of whom the youngest, Colonel George Weldon, was father of Ralph Weldon [q. v.]) and four daughters (, i. 261). His eldest son, (fl. 1650), was colonel of a Kentish regiment of foot, under the command of Sir William Waller [q. v.] in 1644, and in April 1645 became a colonel in the new model. He commanded the brigade detached by Fairfax to the relief of Taunton in May 1645, and also had command of a brigade at the siege of Bristol in the following September (, Anglia Rediviva, ed. 1854, pp. 19, 104, 126). On 25 Oct. 1645 the two houses passed an ordinance making him governor of Plymouth (Lords' Journals, vii. 374, 661, viii. 43). In that capacity he obtained various successes (Colonel Weldon's taking of Inchmere House, near Plymouth, 1646, 4to; Articles of Agreement for the Surrender of Charles Fort, 1646), but was involved in continual difficulties from want of money to pay the soldiers of the garrison. Many of Weldon's letters representing their necessitous condition are in print, and, to prevent mutiny, he was finally obliged to raise money on his personal security for their payment (, Memorials of the Civil War, i. 324, 326, 343; Commons' Journals, v. 362, 494, 571). In June 1656 4,000l. was still owing to him, and on 23 Dec. 1656 he was ordered by the Protector 3,300l. in satisfaction for the debt (ib. vii. 419, 549; Cal. State Papers, Dom. 1656–7, pp. 209, 224).

Another son, (fl. 1650), was successively captain under Lord Esmond in the garrison of Duncannon, major of the Earl of Lincoln's regiment of horse in Lincolnshire, and major to Sir Michael Livesey's Kentish regiment of horse in Sir William Waller's army. He quarrelled with all these commanders, presenting to parliament in 1643 a charge against the Lincolnshire committee, and in 1644 articles against Sir Michael Livesey (Commons' Journals, iii. 245, 508; Cal. State Papers, Dom. 1644, p. 171). In 1645 Weldon took service under the Spaniards in Flanders, but lost his command, and was imprisoned owing to a dispute with Lord Goring. In 1648 he returned to England, and endeavoured to get leave to raise a regiment for Venetian service out of the royalist prisoners in the power of the parliament (Commons' Journals, vi. 60). In March 1649 he denounced the intended publication of a translation of the Koran to parliament, and obtained authority to seize it. On 11 Dec. 1650 the council of state


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 issued a warrant for his arrest, and on 30 Nov. 1654 the Protector, on his own petition, ordered him a pass to go beyond seas (Cal. State Papers, Dom. 1649–50 pp. 42, 530, 1650 p. 568, 1654 p. 403). Weldon was the author of an autobiographical pamphlet of some interest, called ‘The Declaration of Colonel Anthony Weldon’ (1649, 4to).

These two Colonel Weldons are frequently confused with each other, and with a third, viz. Colonel (fl. 1645) of the Northumberland family, who was employed by parliament as agent to the Scottish council in May 1643 (Lords' Journals, vii. 49). He commanded a regiment of horse in the Scottish army, which entered England in 1644, was also high sheriff of Northumberland in that year, and was very active in suppressing moss troopers on the border in 1645 (Report on the Duke of Portland's Manuscripts, i. 202, 344;, State Papers, i. 25, 36, 41).

Sir Anthony Weldon was the author of: 1. ‘The Court and Character of King James I,’ 1650, 12mo; a second edition, ‘whereto is added the Court of King Charles,’ appeared in 1651, and is reprinted in the ‘Secret History of the Court of James I,’ 1811, 2 vols. (i. 299 to ii. 72). This is a collection of scandalous gossip about the two kings and their ministers and favourites. A few of the stories it contains embody personal reminiscences, or information received from personages concerned in the incidents related. Heylyn, in his ‘Examen Historicum,’ summarily dismisses Weldon's book as an infamous libel. It was immediately answered by William Sanderson in his ‘Aulicus Coquinariæ’ (reprinted in ‘Secret History of James I,’ ii. 91), and also in his ‘Complete History of the Lives and Reigns of Mary Queen of Scots and her son James’ (pt. ii. 1656). A second answer is contained in Goodman's ‘Court of King James I’ [see ], which was first published by J. S. Brewer in 1839. ‘I never read,’ says Goodman, ‘a more malicious-minded author, nor any who had such poor and mean observations’ (i. 412). 2. ‘A Cat may look at a king; or a Brief Chronicle and Character of the Kings of England from William the Conqueror to the Reign of Charles I,’ 1652, 16mo; this was reprinted in 1714 (see Somers Tracts, ed. Scott, vol. xiii., and again in 1755). 3. ‘A Perfect Description of the People and Country of Scotland,’ 1659, 12mo. This is reprinted in the ‘Secret History of the Court of James I’ (1811, ii. 76) and in Nichols's ‘Progresses of James I’ (iii. 338). Manuscripts of it are to be found in Harleian MS. 5191, Lansdowne MS. 973, and the Record Office (Cal. State Papers, Dom. 1623–5, p. 550).

[Wood's Athenæ, ed. Bliss, ii. 868; Hasted's Kent, i. 261; Secret History of the Court of James I, 1811.]  WELDON, JOHN (1676–1736), musician, was born at Chichester on 19 Jan. 1676. He was educated at Eton College, and also studied music there under the organist, John Walter. Subsequently he had lessons from Henry Purcell. In 1694 he became organist of New College, Oxford. He was one of the contributors to Francis Smith's ‘Musica Oxoniensis,’ 1698. At the competition in 1700 for the best setting of Congreve's masque, ‘The Judgment of Paris,’ the first prize of 100l. was awarded to Weldon; but the work was not published, although John Eccles [q. v.] and Daniel Purcell [q. v.], the second and third prize winners, issued their settings. The only number of Weldon's now preserved is the air of Juno, ‘Let ambition fire thy mind,’ which was adapted by Thomas Augustine Arne [q. v.] to the duet, ‘Hope, thou nurse of young desire,’ in the opera ‘Love in a Village;’ Burney says (1788) no air was ‘in greater favour than this at present.’ On 6 Jan. 1701 Weldon was sworn in a gentleman extraordinary of the Chapel Royal, and in 1702 he resigned his post at Oxford. On the death of John Blow [q. v.] in 1708, Weldon obtained the post of organist in the Chapel Royal; and he also held the same post at St. Bride's Church, Fleet Street. Tillotson had recommended that a second composer should be appointed at the Chapel Royal; this was first done by George I, and Weldon was sworn in for the place on 8 Aug. 1715. Soon after his institution he composed music for the communion service, which was very seldom set after the Restoration, until the Oxford movement. The ‘Sanctus’ and ‘Gloria’ were edited by Rimbault for the ‘Choir and Musical Record,’ September 1864. In 1726 he became organist of St. Martin's-in-the-Fields. He died on 7 May 1736, and was buried in the churchyard of St. Paul, Covent Garden. At the Chapel Royal he was succeeded by William Boyce [q. v.], at St. Martin's by Joseph Kelway [q. v.]

Weldon composed much sacred and secular music. He contributed to a collection of solos for flutes (or violins) which was reprinted at Amsterdam, but seems to have in general neglected instrumental music. He gave concerts at York Buildings, and a collection of songs performed there was pub-