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 Opinion of the Court shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties. We are, of course, mindful of the need to keep from trenching on regular commerce or discouraging the development of technologies with lawful and unlawful potential. Accordingly, just as Sony did not find intentional inducement despite the knowledge of the VCR manufacturer that its device could be used to infringe, 464 U.S., at 439, n. 19, mere knowledge of infringing potential or of actual infringing uses would not be enough here to subject a distributor to liability. Nor would ordinary acts incident to product distribution, such as offering customers technical support or product updates, support liability in themselves. The inducement rule, instead, premises liability on purposeful, culpable expression and conduct, and thus does nothing to compromise legitimate commerce or discourage innovation having a lawful promise.

A
The only apparent question about treating MGM’s evidence as sufficient to withstand summary judgment under the theory of inducement goes to the need on MGM’s part to adduce evidence that StreamCast and Grokster communicated an inducing message to their software users. The classic instance of inducement is by advertisement or solicitation that broadcasts a message designed to stimulate others to commit violations. MGM claims that such a message is shown here. It is undisputed that StreamCast beamed onto the computer screens of users of Napster-compatible programs ads urging the adoption of its OpenNap program, which was designed, as its name implied, to invite the custom of patrons of Napster, then under attack in the courts for facilitating massive infringement. Those who accepted StreamCast’s OpenNap program were offered software to perform the same services, which a factfinder could conclude


text: Index:Warner Bros. Coraline Corsets

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

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 to answer a set of three yes-or-no questions, two combinations are off the table because an author cannot choose both “No Derivatives” (derivative works are forbidden) and “Share Alike” (derivative works are permitted so long as they are distributed under the same license terms). The remaining six possible combinations, accordingly, describe the basic family of Creative Commons licenses from which creators may choose: (1) Attribution only (BY); (2) Attribution-Share Alike (BY-SA); (3) Attribution-No Derivatives (BY-ND); (4) Attribution-Non-Commercial (BY-NC); (5) Attribution-Non-Commercial-Share Alike (BY-NC-SA); and (6) Attribution-Non-Commercial-No Derivatives (BY-NC-ND). Web sites, photographs, instructional materials, scholarly research, comic strips, maps, sound recordings, motion pictures, and many other works—numbering in the hundreds of millions —have been published under Creative Commons licenses.

All six of the standard Creative Commons licenses permit users to copy and distribute the licensed works, although the three “NC” licenses disallow copying and distribution for commercial purposes. Four of the licenses (all except the two “ND” variants) also permit users to create and distribute modified works based on the licensed content, although the two “NC” variants again restrict commercial uses, and the two “SA” variants require retransmission of the same set of licensed freedoms to users of any such derivative works. The combined effect of all these alternatives is to give the licensor fine-grained control over the various policy decisions implicated in the other open-content licensing arrangements discussed above. Whether to allow derivative works, whether to require licensing reciprocity, whether to

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Rh bottom. Was unable to find the ford to which I had been directed by Mr. Prater.

I then determined to push on southward regardless of roads and fords. After repeated failures I succeeded in finding a place on the river bank where I could force my way into the stream through the vine-tangles. I succeeded in crossing the river by wading and swimming, careless of wetting, knowing that I would soon dry in the hot sunshine.

Out near the middle of the river I found great difficulty in resisting the rapid current. Though I braced myself with a stout stick, I was at length carried away in spite of all my efforts. But I succeeded in swimming to the shallows on the farther side, luckily caught hold of a rock, and after a rest swam and waded ashore. Dragging myself up the steep bank by the overhanging vines, I spread out myself, my paper money, and my plants to dry.

Debated with myself whether to proceed down the river valley until I could buy a boat,


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 THE

WILLIAM BRAMWELL WITHERS JOURNALIST.

Ballarat: Printed by F. W. Niven and Co., 40 Sturt Street.

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Rh sparsely planted pines. The soil is mostly white, fine-grained sand.

September 26. Reached Athens in the afternoon, a remarkably beautiful and aristocratic town, containing many classic and magnificent mansions of wealthy planters, who formerly owned large negro-stocked plantations in the best cotton and sugar regions farther south. Unmistakable marks of culture and refinement, as well as wealth, were everywhere apparent. This is the most beautiful town I have seen on the journey, so far, and the only one in the South that I would like to revisit.

The negroes here have been well trained and are extremely polite. When they come in sight of a white man on the road, off go their hats, even at a distance of forty or fifty yards, and they walk bare-headed until he is out of sight.

September 27. Long zigzag walk amid the old plantations, a few of which are still cultivated in the old way by the same negroes that worked them before the war, and who


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Rh cover the ground with their leaves as at the North. Strange plants are crowding about me now. Scarce a familiar face appears among all the flowers of the day’s walk.

September 29. To-day I met a magnificent grass, ten or twelve feet in stature, with a superb panicle of glossy purple flowers. Its leaves, too, are of princely mould and dimensions. Its home is in sunny meadows and along the wet borders of slow streams and swamps. It seems to be fully aware of its high rank, and waves with the grace and solemn majesty of a mountain pine. I wish I could place one of these regal plants among the grass settlements of our Western prairies. Surely every panicle would wave and bow in joyous allegiance and acknowledge their king.

September 30. Between Thomson and Augusta I found many new and beautiful grasses, tall gerardias, liatris, club mosses, etc. Here, too, is the northern limit of the remarkable long-leafed pine, a tree from sixty to seventy feet in height, from twenty to thirty inches in


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xiv is a true account of my observations, experiments and studies, and the knowledge and authentic reports of recognised natural scientists.

I desire to acknowledge my indebtedness and gratitude to Dr. WIlliam T. Hornaday, and his associates of the New York Zoological Society, for valuable assistance rendered in the writing of this book. Lacking the opportunity to study the animals at close range and under many varying conditions, "THE BABYHOOD OF WILD BEASTS" could not otherwise have been written.

I am further indebted to the American Museum of Natural History for much courtesy and valuable assistance in the compilation of this work. The British Zoological Society was drawn upon for valuable information and photographs. Central Park gave generously of material and opportunity for studying the young animals. G. M. McN.

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 L. N. TO YOUR MEMORY, WHOSE FRAGRANCE "NO TIME CAN CHANGE," I REVERENTLY DEDICATE THIS RECORD OF CHANGE.

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Rh diameter, with leaves ten to fifteen inches long, in dense radiant masses at the ends of the naked branches. The wood is strong, hard, and very resinous. It makes excellent ship spars, bridge timbers, and flooring. Much of it is shipped to the West India Islands, New York, and Galveston.

The seedlings, five or six years old, are very striking objects to one from the North, consisting, as they do, of the straight, leafless stem, surmounted by a crown of deep green leaves, arching and spreading like a palm. Children fancy that they resemble brooms, and use them as such in their picnic play-houses. Pinus palustris is most abundant in Georgia and Florida.

The sandy soil here is sparingly seamed with rolled quartz pebbles and clay. Denudation, going on slowly, allows the thorough removal of these clay seams, leaving only the sand. Not withstanding the sandiness of the soil, much of the surface of the country is covered with standing water, which is easily accounted for by the


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 PREFACE TO THE FIRST EDITION.

little History, in eight chapters, only touches a few of the more prominent incidents connects with pastoral settlement and the gold discovery in the Ballarat district The compiler has seen the growth of the town from a mere collection of canvas tents among the trees and on the grassy slopes and flats of the wild bush to its present condition. Less than 20 years ago there was not a house where now stands this wealthy mine and farm-girdled city, whose population is nearly equal to the united populations of Oxford and Cambridge, and exceeding by several thousands the united populations of the cities of Winchester, Canterbury, Salisbury, and Lichfield at the time of the gold discovery. This is one of the truths which are magnificently stranger than fiction.

Some of the first workers in this mighty creation are still here. Of the pastoral pioneers there are still with us the Messrs. Learmonth, Pettett, Waldie, Winter, Fisken, Coghill, and Bacchus; and the Rev. Thomas Hastie is still living at the Manse at Buninyong.

Down the valley of the Leigh, where the Sebastopol streets and fences run over the eastern escarpment of the table land, may still be seen the sandstone foundations of a station begun by the Messrs. Yuille, whom the coming of the first hosts of gold-hunters scared away from a place no longer fit, in their opinion, for pastoral occupation. Those unfinished walls are in a paddock overlooking a little carse of some four or five acres by the creek side, owned by an Italian farmer, and close to the junction of the Woolshed Creek with the main stream in the valley. On the other side of the larger stream rise basaltic mounds, marked with the pits and banks of the earlier miners. Like the trenches of an old battle-field, these works of the digging armies of the past are now grass-grown and spotted with wild flowers. All around, the open lands of fifteen years ago are turned into streets and fields and gardens. A little way lower down the valley, where the ground

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User talk:165.91.166.108

Please note how to format a poem by seeing what I have done to those you uploaded.--Longfellow (talk) 15:06, 5 November 2010 (UTC)

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 has a broad slope up from the left bank of the Leigh to the foot of the ranges, was the Magpie rush of 1855-6. For a mile nearly every inch of frontage was fought for then, and a town of over four thousand inhabitants sprang up. Gold was found plentifully, and warehouse, hotel, and saloon crowded close with dwelling and church along the thoroughfare. A summer flood surprised the dwellers on the lowland and carried off lives as well as property, mingling a tragic sorrow with the losses of the unsuccessful. Time, less sudden than the midsummer freshet, but more sweeping, has cleared the ground of almost every vestige of the busy but fragile life of fifteen years ago. But the eternal sense of the Infinite survives "our little lives" and all their fitful pulsations of varying passion. Yonder, where, by the bush track side, the rounding slope swells upon the south, stands a church, sombre, lonely, and silent as the Roman sentinel at Pompeii when all around him had fled or fallen. This is all, save here and there heaps of broken bottles and sardine tins half hidden by the grass, and a few faint trench and building lines, softened by the rains, and bright at this time with the young verdure of the turning season. The most curious eye could now discover no other traces of the rush if it were not for the broader and deeper marks left where the first miners fought their industrial way, and where, for years, their followers retraced the golden trail On going up the Yarrowee banks northward a space, as one looks up the valley he sees, beyond the city, the bare top, the white artificial chasms and banks and mounds, where Black Hill raised its dark dense head of forest trees before the digger rent the hill in twain, and half disembowelled the swelling headland.

Besides the pastoral settlers already mentioned, there are yet with us some of the first discoverers. Esmond is still here. Woodward and Turner, of the Golden Point discoverers, are still here in Ballarat, and Merrick and some others of that band remain in the district. Others who followed them within the first week or two are also amongst our busy townsfolk of to-day.

While these remained it was thought desirable to gather some of the honey of fact from fugitive opportunity, that it might be garnered for the historian of the future. Nearly all the

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Rh quiet of the night his inspiration; his sharp teeth are his hatchet and chisel; and his little paws are his means of conveyance, his spade, his hammer and his trowel. His hard, flat, hairless and scaly tail is a propeller when swimming and a balance when he is cutting timber, for he stands on his hind legs while gnawing down trees.

The trees which furnish bark most liked by beavers for food are the cottonwood, poplar, elm, willow, birch, aspen and box-elder. The bark of the oak, ash, and hickory are not eaten. The Beaver’s diet consist chiefly of barks, tender shoots and water plants. He is a strict vegetarian.

Sometimes the beavers have to build a dam exceeding fifty feet in length to flood low ground. They usually lay it out with the curve pointing up stream. The foundations of Beaver dams are built of poles, four or five feet in length by one or two inches in diameter. These he lays cross-wise, filling all crevices with mud.

He digs up mud with his forefeet, then holds it close to his breast with his forelegs, swims to where he has started his dam, and beats the mud

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Rh presence of the above-mentioned impermeable seams.

Traveled to-day more than forty miles without dinner or supper. No family would receive me, so I had to push on to Augusta. Went hungry to bed and awoke with a sore stomach—sore, I suppose, from its walls rubbing on each other without anything to grind. A negro kindly directed me to the best hotel, called, I think, the Planter’s. Got a good bed for a dollar.

October 1. Found a cheap breakfast in a market-place; then set off along the Savannah River to Savannah. Splendid grasses and rich, dense, vine-clad forests. Muscadine grapes in cart-loads. Asters and solidagoes becoming scarce. Carices [sedges] quite rare. Leguminous plants abundant. A species of passion flower is common, reaching back into Tennessee. It is here called "apricot vine," has a superb flower, and the most delicious fruit I have ever eaten.

The pomegranate is cultivated here. The fruit is about the size of an orange, has a thick,


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 {|
 * The Babyhood of Wild Beasts Image3a.png
 * By courtesy of the American Museum of Natural History
 * Old Beaver is the master "lumberjack" of the whole animal world. He can fell a tree and make it fall toward the pond where he wishes to build his house and dam, thus saving himself unnecessary work. He leads the world in mechanical and engineering skill and mankind has much to learn from this canny old rodent.
 * The Babyhood of Wild Beasts Image3b.png
 * By courtesy of the American Museum of Natural History
 * Beaver babies begin gnawing sticks the size of a lead pencil before they are weaned. Thus at an early age they sharpen their teeth for the Battle of Life.
 * }
 * By courtesy of the American Museum of Natural History
 * Beaver babies begin gnawing sticks the size of a lead pencil before they are weaned. Thus at an early age they sharpen their teeth for the Battle of Life.
 * }
 * Beaver babies begin gnawing sticks the size of a lead pencil before they are weaned. Thus at an early age they sharpen their teeth for the Battle of Life.
 * }

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Rh tough skin, and when opened resembles a many-chambered box full of translucent purple candies.

Toward evening I came to the country of one of the most striking of southern plants, the so-called "Long Moss" or Spanish Moss [], though it is a flowering plant and belongs to the same family as the pineapple []. The trees hereabouts have all their branches draped with it, producing a remarkable effect.

Here, too, I found an impenetrable cypress swamp. This remarkable tree, called cypress, is a taxodium, grows large and high, and is remarkable for its flat crown. The whole forest seems almost level on the top, as if each tree had grown up against a ceiling, or had been rolled while growing. This taxodium is the only level-topped tree that I have seen. The branches, though spreading, are careful not to pass each other, and stop suddenly on reaching the general level, as if they had grown up against a ceiling.


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 one of Mr. Fergus's tutors when at Ayr Academy. In 1872 he was appointed by the Provincial Government as district engineer for the goldfields, with his headquarters at Cromwell, and held that position until 1876, when he left the service of the Government in order to enter into partnership with Mr. D. Henderson. The firm of Henderson & Fergus carried out several important undertakings, including the construction of the Mosgiel-Outram Railway, the Patea Bailway, the waterworks at New Plymouth, and the railway wharf at the Bluff. In partnership with Mr. J. B. Blair, he was instrumental in building the Deloraine-Mersey Railway in Tasmania and the Heidelberg-Alphington Railway in Victoria. At the general election of 1881 he was returned to the New Zealand House of Representatives for the Wakatipu district, after a severe contest, and in 1884 he was re-elected, having had again to encounter strong opposition. In 1887 and in 1890 he was returned unopposed. On the formation of the Atkinson administration in 1887, Mr. Fergus attained Cabinet rank, being entrusted with the portfolios of Justice and Defence, which he retained until Oct. 15th, 1889, when, consequent on the re-election of the Hon. T. W. Hislop, a rearrangement of portfolios took place, Captain W. R. Russell joining the Ministry and relieving Mr. Fergus of the departments of Justice and Defence, while the latter took over the more important portfolios of Public Works and Mines. He administered these departments until Jan. 1891, when, the Atkinson Government having been defeated at the polls in the previous December, he resigned with his colleagues. He married a daughter of Mr. (q.v.).

Fergusson, Right Hon. Sir James, Bart., G.C.S.I., K.C.M.G., C.I.E., M.P., is the eldest son of the late Sir Charles Dalrymple Fergusson, of Kilkerran, Ayrshire, on whose death, in 1849, he succeeded as 6th baronet. His mother was Helen, second daughter of the Right Hon. David Boyle, Lord Justice-General of Scotland. He was born on March 14th, 1832, and was educated at Rugby and University College, Oxford. Having entered the army in 1850, he became successively lieutenant and captain in the Grenadier Guards. Serving in the Crimea in 1854-5, he was wounded at Inkerman, and received a medal with three clasps and a Turkish medal. He was M.P. for Ayrshire from 1854 to 1857, when he was defeated, but was again returned in 1859, and sat till 1868. He was Under- Secretary for India from 1866 to 1867 in the third Derby Government, and Under-Secretary for the Home Department in the first Disraeli Ministry from the latter year till 1868, when, having been sworn of the Privy Council, he was appointed Governor and Commander-in-Chief of South Australia, and held office from Feb. 1869 to Feb. 1873. Responsible government leaves but little to the initiative of the governors of the self-governing colonies; but Sir James Fergusson is entitled to considerable credit in connection with the establishment of cable communication between Australia and England, the construction of the overland telegraph line from Port Darwin to Adelaide resulting from the encouragement which he gave to Mr. Strangways when the latter was Premier of South Australia. Sir James married, in 1859, Lady Edith Christian Ramsay, daughter of the Marquis of Dalhousie; and this lady died in 1871, during his tenure of the government of South Australia. Two years later he married a second time, the object of his choice being a South Australian lady—Olive, daughter of the late John Henry Richman, of Wambanga, in that colony, and previously of Adelaide, solicitor. From June 1873 to Dec. 1874 Sir James was Governor of New Zealand, when he resigned and returned to England, being created K.C.M.G. in the same year. In 1875 he unsuccessfully contested Frome, and in 1878 Greenock with a like fate. He was Governor of Bombay from March 1880 to March 1885. In Jan. 1882 his second wife, who in the previous December had received from the Queen the decoration of the Imperial Order of the Crown of India, died suddenly in Bombay, of English cholera, during her husband's absence at Baroda. Sir James, who was created G.C.S.I. in 1885, was elected for one of the divisions of Manchester at the general election in that year, and again in 1886. In August of the latter year he was appointed Under Secretary of State for Foreign Affairs, and in Sept. 1891  159


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 whose names have been mentioned above have assisted in the preparation of this narrative by furnishing valuable contributions from their own recollections, and the compiler takes this occasion to thank them and others, including legal managers of mines, whose ready courtesy has enabled him to do what he has done to rescue from forgetfulness the brief details here chronicled touching the history of this gold-field. He has borrowed some facts and figures, too, from Mr. Harrie Wood's ably compiled notes, published in Mr. Brough Smyth's "Gold-fields, and Mineral Districts of Victoria." To the officers of most of the public institutions referred to he also owes the acknowledgment of much courtesy; and to Mr. Huyghue, a gentleman still holding office in Ballarat, and who was in the public service here at the time of the Eureka Stockade, thanks are due, both by the publisher and compiler, for notes of that period, and for the extremely interesting illustrations of the Stockade, the Camp, and other spots copied from original drawings. The publisher also acknowledges the courtesy of Mr. Ferres, the Government printer, in supplying original documents, and of Mr. Koone in giving valuable assistance in connection with their reproduction by the photo-lithographic process. The contributions of newspaper correspondents during the Eureka Stockade troubles have also assisted the compiler, and notably the letters of the correspondent of the Geelong Advertiser in 1854-5. But to Mr. John Noble Wilson, the commercial manager of the Ballarat Star, is due, on the part of all concerned, the recognition of his suggesting the narrative, of his constant cordial co-operation, and his untiring ingenuity in making suggestions and collecting materials both for the text and the illustrations. The reproduced proclamations by the Government, which the reader will find at intervals, as well as many of the original documents, are the fruit of that gentleman's assiduity in collecting materials of interest and pertinence.

It has been necessary to record the fact that the tragic issue of the license agitation was mainly due to the mistakes of the governing authorities, even as the unrighteous rigors of the digger-hunting processes were made more poignant by the haughty indiscretions and brutal excesses of commissioners and

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Rh The groves and thickets of smaller trees are full of blooming evergreen vines. These vines are not arranged in separate groups, or in delicate wreaths, but in bossy walls and heavy, mound-like heaps and banks. Am made to feel that I am now in a strange land. I know hardly any of the plants, but few of the birds, and I am unable to see the country for the solemn, dark, mysterious cypress woods which cover everything.

The winds are full of strange sounds, making one feel far from the people and plants and fruitful fields of home. Night is coming on and I am filled with indescribable loneliness. Felt feverish; bathed in a black, silent stream; nervously watchful for alligators. Obtained lodging in a planter’s house among cotton fields. Although the family seemed to be pretty well-off, the only light in the house was bits of pitch-pine wood burned in the fireplace.

October 2. In the low bottom forest of the Savannah River. Very busy with new specimens. Most exquisitely planned wrecks of


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232 ground. The neck contains only seven vertebræ. Each one is elongated. The legs are long and slender; the feet are cloven hooves. A short, thin mane decorates the stovepipe neck and there is a callosity (a callous) on the breast. The hair of the Nubian giraffe is short, smooth and fawn colour, decked with dark, rusty spots.

The pace is a gallop, the hind feet reaching ahead and astride of the fore feet. The giraffe is so tall and unyielding it is compelled to straddle the fore legs to drink or graze. It is a comical sight, I assure you, to see this long fellow take a drink. The tongue is very long (about 17 inches) and very flexible.

The Somali giraffe is smaller and of a deep red colour, marked by a coarse network of fine white lines.

The giraffe is inoffensive, timid and a clean animal. They are among the rarest and most valuable animals in captivity. They thrive well with proper care and are affectionate. They belong to a distinct family of ruminants (cud-chewing animals) called Giraffadæ. The Giraffe and the Okapi are the only members of this family.

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Author:Georgia Maud McNally

Works

 * The Babyhood of Wild Beasts (1917)

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Rh  [Rough Hair Grass]. Pines in glorious array with open, welcoming, approachable plants.

Met a young African with whom I had a long talk. Was amused with his eloquent narrative of coon hunting, alligators, and many superstitions. He showed me a place where a rail-road train had run off the track, and assured me that the ghosts of the killed may be seen every dark night.

Had a long walk after sundown. At last was received at the house of Dr. Perkins. Saw [Gardenia florida] in the garden. Heard long recitals of war happenings, discussion of the slave question, and Northern politics; a thoroughly characteristic Southern family, refined in manners and kind, but immovably prejudiced on everything connected with slavery.

The family table was unlike any I ever saw before. It was circular, and the central part of it revolved. When any one wished to be helped, he placed his plate on the revolving


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 Latin, both prose and verse, whatever purpose or theme concerning the common affairs of the burgh, either at home or afield, that he shall be required by any of the magistrates or clerks.’ From a passage in the ‘Diary of Alexander Jaffray’ (3rd edit. p. 42) it appears that Wedderburn continued in his place as master of the grammar school along with the professorial charge in the college. But in 1624 the town council ordered him to resign his class in the college, and to confine his attention to the grammar school. In 1628 he obtained an assistant in the grammar school, and in the following year his stipend was increased by eighty merks (Records of Burgh of Aberdeen, 1625–42, pp. 19, 20, Burgh Records Soc. edit.) On 14 Aug. 1620 he had been admitted a burgess of Aberdeen ‘in right of his father,’ but on 20 May 1632 he was made an honorary burgess of Dundee in recognition of his learning and skill ‘in erudiendo juventutem.’ In 1630 he completed a new grammar for the use of young scholars, for which he received the reward of a hundred lib. Scots from the town council of Aberdeen. He was sent specially to Edinburgh that the license of the privy council might be obtained for the printing of this work. The register of the privy council contains several entries in regard to this book in 1630–2, and the matter came before parliament in June 1633, when he presented a petition that his ‘short and facile grammar’ might be the only one taught in the schools of this country (Wedderburn Book, vol. ii.; Acts of Parl. of Scot.) The infirmities of age compelled Wedderburn to resign his office as master of the grammar school in 1640. His death took place either in February or October 1646, and he was buried ‘gratis’ in the church of St. Nicholas, Aberdeen. He was twice married: in April 1611 to Janet Johnstone, by whom he had issue one son; and in October 1614 to Bathia Mowat, by whom he had two sons and five daughters.

When James VI visited Scotland in 1617 Wedderburn was engaged by the town council of Aberdeen to write a Latin welcome, and the two poems which he composed—‘Syneuphranterion in Reditu Regis’ and ‘Propempticon Caritatum Abredonensium’—were afterwards published in Sir John Scot's ‘Delitiæ Poetarum Scotorum.’ These are usually referred to as Wedderburn's first publications; but in the Advocates' Library, Edinburgh, there is a copy of a Latin poem on the death of Prince Henry, also included in the ‘Delitiæ,’ which was printed by Andro Hart in 1613, under the title ‘In Obitu summæ Spei Principis Henrici, Jacobi VI Regis filii primogeniti, Lessus,’ by ‘David Wedderburnus, Scholæ Abredonensis Moderator.’ In 1625 he wrote a Latin poem on the death of James VI, which was printed by Edward Raban [q. v.] of Aberdeen, with the title ‘Abredonia atrata sub Obitum serenissimi et potentissimi Monarchæ Jacobi VI,’ a work now very scarce. One of his most esteemed friends was Arthur Johnston [q. v.], who wrote one of his finest Latin poems on Wedderburn, to which he replied in a similar strain. When Johnston died in 1641, Wedderburn published six Latin elegies upon his friend, under the title ‘Sub Obitum Viri clarissimi et carissimi D. Arturi Johnstoni, Medici regii, Davidis Wedderburni Suspiria.’ These poems were included in Lauder's ‘Poetarum Scotorum Musæ sacræ,’ published in 1731. In 1643 Wedderburn published at Aberdeen ‘Meditationum campestrium, seu Epigrammatum moralium, Centuriæ duæ;’ and in 1644 he issued a similar work, ‘Centuria tertia,’ which also was printed by Edward Raban. Another of his elegiac compositions was his contribution to the ‘Funerals,’ or memorial verses on Patrick Forbes of Corse, bishop of Aberdeen, published in 1635. The council records of Aberdeen contain many entries of payments made to Wedderburn for poems and on account of his grammar. Wedderburn was reckoned one of the foremost latinists of his day. Eight of his Latin poems are included in Scot's ‘Delitiæ Poetarum Scotorum.’ Besides those poems mentioned above, there are an elegy, epitaph, and apotheosis of Professor Duncan Liddel of Aberdeen, and an ode to Calliope.

Wedderburn's next brother, (1581–1650?), Latin scholar, was baptised at Aberdeen on 3 Sept. 1581. He was admitted as a bursar of Marischal College on 29 Jan. 1623, on the petition of his two brothers, William and David, ‘being presentlie in England in a pedagogie.’ Little is known regarding him, save that he prepared for publication an edition entitled ‘Persius enucleatus, sive Commentarius exactissimus et maxime perspicuus in Persium, Poetarum omnium difficillimum,’ for which his brother David had left notes. This work was published at Amsterdam in 1664, after the death of Alexander. The date of his decease is not recorded, but it was about 1650 (The Wedderburn Book, i. 477).

Another of Wedderburn's brothers, (1582?–1660), Scotch divine, was born in 1582 or 1584, but the loss of the Aberdeen parish register for the period leaves the exact date unknown. He was doctor of the grammar school of Aberdeen in 1616–17, and afterwards became one


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 of the regents of Marischal College. On 25 Oct. 1623 he was enrolled as burgess of Aberdeen, in right of his father. In 1633 he was admitted minister of Bethelnay, Old Meldrum, Aberdeenshire, and was presented to the charge by Charles I in June 1636. His name appears in the list of assemblies of 1638–9. In 1642 he was deposed for fornication, but the sentence was rescinded in the following year, and he was recommended for a vacant place. It appears that he was again censured, as in November 1648 his status as a minister was restored. In 1651 he was admitted minister of Innernochtie or Strathdon, and was in that charge in April 1659; but as the parish was vacant in April 1660, he probably died in the interim. He was twice married: first, in June 1624, to Margaret Tulliedeph, and secondly, in November 1649, to Agnes Howisone. It is supposed that some of the Wedderburns in Old Meldrum were his descendants. No literary works by him have been identified. In Maidment's ‘Catalogue of Scotish Writers,’ the ‘Meditationum Campestrium’ written by David Wedderburn is wrongly ascribed to William (, Fasti, iii. 563, 592).

[The Wedderburn Book (privately printed 1898), i. 477–8; Anderson's Records of Marischal College, passim; Collections for Hist. of Aberdeen and Banff (Spalding Club); Extracts from Council Register of Aberdeen, 1570–1625 (Spalding Club); Misc. of Spalding Club, vol. v.; Cat. of the Advocates' Library, 1776; Chambers's Eminent Scotsmen; Millar's Roll of Eminent Burgesses of Dundee; manuscript Aberdeen Parish Register.]  WEDDERBURN, JAMES (1495?–1553), Scottish poet, was eldest son of James Wedderburn, merchant in Dundee (described in documents as ‘at the West Kirk Style’ to distinguish him from others of the name), and of Janet Barry, sister of John Barry, vicar of Dundee. He was born in Dundee about 1495, and matriculated at St. Andrews University in 1514. He was enrolled as a burgess of Dundee in 1517, and was intended to take up his father's occupation as a merchant. While at St. Leonard's College, St. Andrews, he had come under the influence of Gavin Logie, one of the leading reformers, and he afterwards took an active part against Romanism. After leaving the university he was sent to Dieppe and Rouen, where it is probable that a branch of the Wedderburn family was settled in commerce. Returning to Dundee, he wrote two plays—a tragedy on the beheading of John the Baptist, and a comedy called ‘Dionysius the Tyrant’—in which he satirised the abuses in the Romish church. These plays were performed in the open air at the Playfield, near the west port of Dundee, in 1539–40; but they have not been preserved, though from references made to them by Calderwood and others they seem to have given much offence to ruling ecclesiastics. About this time, in conjunction with his brothers John and Robert, he wrote a number of sacred parodies on popular ballads, which were published apparently at first as broadsheet ballads, and were afterwards collected and issued in 1567, under the title ‘Ane Compendious Booke of Godly and Spirituall Songs collected out of sundrie partes of the Scripture, with sundrie of other Ballates changed out of prophaine sanges, for avoyding of sinne and harlotrie, with augmentation of sundrie gude and godlie Ballates not contenit in the first editioun.’ Only one copy of the edition of 1567 is known to exist, and there is no clue to the date of the first edition referred to on its title-page. As some of the songs plainly refer to incidents that took place in Scotland about 1540, the theory that these were circulated as broadsheets is not unreasonable. According to Calderwood, James Wedderburn ‘counter-footed the conjuring of a ghost’ in a drama, which seemed to reflect upon James V, whose confessor, Father Laing, had scandalised the king by some mummery of this kind. Possibly this was the cause that action was taken against Wedderburn as a heretic, for in 1539 he was ‘delated to the king, and letters of caption directed against him,’ but he managed to escape to France, returning to Dieppe or Rouen and resuming his commercial occupation. An unsuccessful attempt was made by the Scottish factors there to have him prosecuted by the bishop of Rouen, and he remained in France until his death in 1553, not 1565, as sometimes stated. The date is proved by the return of his son John as heir to his father in October 1553. Wedderburn married before 1528 Janet, daughter of David Forrester in Nevay, by whom he had three sons; of these John (d. November 1569) was grandfather of James Wedderburn [q. v.], bishop of Dunblane (Reg. Magni Sigilli Reg. Scot. 1513–46, Nos. 539, 1286, 1311).

His brother, (1500?–1556), the second son of James Wedderburn and Janet Barry, was born in Dundee about 1500. He studied at the pædagogium (afterwards St. Mary's College), St. Andrews, graduated B.A. in 1526 and M.A. in 1528. While at college he came under the teaching of John Major (1469–1550) [q. v.] and Patrick Hamilton [q. v.] the martyr, and, like his elder brother, became an ardent reformer. Return-


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The New International Encyclopædia/Academic Legion

AC'ADEM'IC LE'GION. A name applied particularly to an armed body of students who participated in the uprising of 1848 in Vienna; also more generally to similar student companies elsewhere in the revolutionary disturbances of that year.


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 troopers. But it is equally incumbent on the recorder to recognise the more agreeable fact that there were officers in both grades who did their harsh duties differently. Some of these are still in the service, and retain the respect they won in the more troublous times by their judicious and humane administration of an obnoxious law, for the existence of which they were in no way responsible.

In the matter of gold statistics there has been found great difficulty, for the early records were imperfect, and the latter ones are little, if in anywise, superior; while searches for the first newspaper accounts of the gold discovery have shown that, both in Melbourne and Geelong, the public files have been rifled of invaluable portions by the miserable meanness of some unknown thieves.

The future we have not essayed to divine. What the past and the present of our local history may do to enable the reader to speculate upon the future, each one must for himself determine, though the faith of the Ballarat of to-day in the Ballarat of the future may, we think, be more accurately inferred from the stable monuments of civic enterprise, and the many signs of mining, manufacturing, and rural industry around, than from the occasional forebodings of fear in seasons of depression. In less than two decades we have created a large city, built up great fortunes, laid the foundations of many commercial successes, and sown the seeds of yet undeveloped industries; and those who have seen so much should not readily think that we are near the exhaustion of our resources, either in the precious minerals, or the still more precious spirit of enterprise and industry necessary for the development of the wealth of nature around us. For the good done, and for the doers of the good, we may all be thankful, if not proud; and, in proportion as we are thus moved, we may look with confident hope towards the future, whose uncertain years are lit up with the radiance of the past, and shaped to our vision by the promise of the present.

Among modest writers it is the fashion not only to write prefaces, but to excite attention to wonderful merit by apologies for defects. The present writer burns to be in the fashion. He

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 , in succession to the late Mr. Raikes. He has been for some years past a director of the Bank of New Zealand.

Fergusson, Major John Adam, is the third son of the late Sir Charles Dalrymple Fergusson, Bart., and younger brother of (q.v.). He was born on May 7th, 1845, and educated at the Edinburgh Academy and the Royal Military Academy, Woolwich. He passed first on the list for a direct commission in the army in 1865, and was appointed to the Rifle Brigade. After serving in India, he was private secretary to Sir James Fergusson, and Clerk of the Executive Council South Australia from 1870 to 1873. He passed the Staff College in 1878, served on the staff of the Intelligence branch of the Horse Guards in 1879, and was Garrison Instructor in North Britain from 1879 to 1880; when, having in the meantime become Captain of the Prince Consort's Own Regiment of the Rifle Brigade, he was appointed Deputy-Assistant Adjutant-General of the South Australian military forces, with the local rank of major. In 1881 he was commissioned by the South Australian Government to proceed to India and arrange for the introduction of Coolie labour into the Northern Territory. Subsequently returning to England, he unsuccessfully contested Peterborough in 1883, and, having been promoted to major, was Deputy-Assistant Adjutant-General in Ceylon from 1887 to 1889. Major Fergusson, who is now serving with the Rifle Brigade in India, married, in 1871, Sarah, daughter of Joseph Gilbert, of Pewsey Vale, S.A.

Finch-Hatton, Hon. Harold, is the son of the 9th Earl of Winchelsea and Nottingham, by Fanny Margaretta, eldest daughter of Edward Royd Rice, of Dane Court, Kent. He is the younger brother of the 11th and present Earl, and was born at Eastwell Park, Kent, in 1856, and educated at Eton and Balliol College, Oxford. When nineteen, Mr. Finch-Hatton went out to Queensland, where he remained until 1883, engaging, in the first instance, in pastoral pursuits in the Mackay district, and subsequently going in for hard work as a practical miner on the Nebo goldfields. A pleasant record of his colonial experience is to be found in "Advance, Australia!" a book from his pen, which has gone through two editions. Mr. Finch-Hatton is a warm upholder of the integrity of the empire, and was one of the founders of the Imperial Federation League, of which he has been treasurer since its start. In politics he is a staunch Conservative, and at the general election in 1885 contested Nottingham in this interest against Mr. Arnold Morley, the Liberal whip. The contest was in the nature of a forlorn hope, and Mr. Finch-Hatton was defeated by a majority of 991. In 1886 and 1892 he again stood but was beaten by his former opponent. Mr. Finch-Hatton is an ardent advocate of the development of the Pacific route to Australia and the East, and has been secretary of the Pacific Telegraph Company, formed for the purpose of laying a line from Vancouver Island to Australia, since its establishment. When the North Queensland Separation League extended its organisation to the Metropolis, Mr. Finch-Hatton was appointed permanent delegate and chairman of the London committee. These offices he still holds, and it is in a great degree owing to his energy in the cause that it has arrived at its present prominence in the eyes of the Colonial Office, and of English public men.

Fincham, James, Engineer-in-Chief for Tasmania, was born in London in 1838. He was for a number of years employed as Assistant and Resident Engineer' on various railway works in England, in surveys for railways and architectural work in connection with railway stations. In 1872 he went to Tasmania as District Engineer for the Tasmanian Main Line Railway, then in process of construction, and subsequently had charge of the whole line as Engineer. He returned to England in 1876, and was shortly afterwards selected by the Government of Tasmania for the appointment of Engineer-in-Chief for the colony. His appointment dates from April 1877.

Finlayson, John Harvey, J. P., is the son of William Finlayson by his marriage with Helen Harvey. His parents arrived in South Australia in Feb. 1837, and he was born at Helenholme, Mitcham, near Adelaide, on Feb. 3rd, 1843. He joined the staff of the South Australian Register and Adelaide Observer in 1861, became one of the proprietors in 1877 and editor of the Register in 160


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 craves the indulgence of the reader in informing that important personage that the ordinary duties of a reporter on a daily morning paper are not luxuriously light, and that the compilation of the following narrative has been a refreshing appendage to the daily discharge of such ordinary duties, plus a bracing exercise of sub-editorial function. He has, no doubt, amply vindicated Bolingbroke's accurate apothegm, and especially in this preface. Both preface and narrative may be regarded as a verbose exaggeration of the importance of the subject. The answer to that is, that the writer has written mainly for those who know the place, and, knowing it, are proud of it; for those who believe in the future in reserve for it, for the colony to which it belongs to-day, and for the empire of which it some day may be a not altogether unimportant portion.

In the City of York, where memory and fancy, busy with the records and the remains of the past, make of the softened lights and shadows and many-colored figures of mediæval English history an inexpressible charm, the glorious Minster rises over all supreme in its solemn and saintly beauty. Whatever pilgrim there has studiously perused that marvellous " poem in stone" may have seen over one of the doorways the work of some loving and pious egotist in the following inscription:—"Ut rosa flos florum, sic tu es domus domorum." Let us be permitted, with similar egotism, if not with equal piety, to inscribe here, as over one of the portals of approach to one of the golden fields and cities of Victoria:—Ut aurum metallorum pretiosissimum, sic tu es camporum aureorum princeps, urbiumque opulentissima. W. B. W.
 * Ballarat, 22nd June, 1870.

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 ing to Dundee, he was placed under the tuition of Friar Hewat of the Dominican monastery there, and he took orders as a priest. He was chaplain of St. Matthew's Chapel, Dundee, in 1532. Having the gift of poesy, he joined with his two brothers, James and Robert, in composing ballads directed against Romanism, and in 1538–9 he was accused of heresy. It is not known whether he stood his trial, but he was certainly convicted and his goods forfeited and given over to his youngest brother Henry, on payment of a small sum to the king's treasury. About 1540 Wedderburn made his way to the continent, and remained some time at Wittemberg, then the chief centre of the reformers. In 1542 he returned to Scotland, and, in conjunction with John Scott or Scot (fl. 1550) [q. v.], printer in Dundee, began publishing the ballads which he and his two brothers had composed against the Romish religion. That he had the largest share in writing these ballads seems probable from the fact that many of them are framed on German models with which he would be familiar. It was expected, after the death of James V, that the governor Arran would be favourable to the protestants, but this hope was not realised, and several acts of parliament were passed forbidding the publication of these ballads, which were known as ‘the Dundee Psalms.’ Wedderburn was in Dundee in the early part of 1546, but was forced to flee to England in that year to avoid prosecution, and he died there in exile in 1556.

Another brother, (1510?–1557?), the third son of James Wedderburn and Janet Barry, was also born in Dundee about 1510. He entered St. Leonard's College, St. Andrews, in 1526, graduated B.A. in 1529 and M.A. in 1530 with special honours. In 1528 the reversion of St. Katherine's Chapel, Dundee, was given to him, though he was then under age. He took orders as a priest, and ultimately succeeded his uncle, John Barry, as vicar of Dundee; but before he secured that benefice he fell under suspicion of heresy, and, like his brothers, was forced to take refuge on the continent. He went to Paris, probably in 1534 or 1536, and attended the university there, and it is said that he also spent some time at Wittemberg, where his brother John joined him, and where there were many Scottish protestant refugees. He remained abroad till 1546, when the death of Cardinal Beaton seemed to promise safety in Scotland for the protestants. It is difficult to discover when he became vicar of Dundee. A document in Dundee charter-room refers to him as holding that office in 1532, but John Barry was vicar after that date, and it is likely that Wedderburn did not come into the benefice till after 1546. He was certainly vicar in 1552, and he died between 1555 and 1560. By a deed recorded in the register of the great seal, 13 Jan. 1552–3, his two illegitimate sons, David and Robert, were legitimised. Their mother was Isobel Lovell, who married David Cant in 1560 and died shortly before 1587.

It is not possible to identify the different psalms and songs contributed by the three Wedderburns to the ‘Compendious Book.’ A thorough examination of that collection and an exhaustive account of it will be found in the edition issued by the Scottish Text Society, annotated, with introduction by emeritus professor A. F. Mitchell, D.D. In the same volume there is an account of the evidence which led Dr. David Laing and others to ascribe ‘Vedderburn's Complaynt of Scotland,’ published in 1548, to Robert Wedderburn.

[Registrum Magni Sigilli Regum Scotorum, 1513–46 and 1546–80; Calderwood's Hist. of the Kirk, Wodrow edit. i. 141–3; Millar's Roll of Eminent Burgesses of Dundee, p. 21; Maxwell's Old Dundee prior to the Reformation, p. 145; Dr. A. F. Mitchell's edition of A Compendious Book of Godly and Spiritual Songs (Scottish Text Soc.); The Wedderburn Book (privately printed 1898), pp. 14, 16, 22; Julian's Dict. of Hymnology; Millar's Compt Buik of David Wedderburn (Scot. Hist. Soc.); McCrie's Life of Knox, App. H; Lamb's Dundee, its Quaint and Historic Buildings.]  WEDDERBURN, JAMES (1585–1639), bishop of Dunblane, was the second son of John Wedderburn, mariner and shipowner, Dundee, and Margaret Lindsay. James Wedderburn (1495?–1553) [q. v.] was his great-grandfather. He was born at Dundee in 1585, and began his collegiate course at St. Andrews University, matriculating in 1604, graduating in 1608, and removing thence to one of the English universities. Wood states that Wedderburn studied at Oxford, but his name does not occur in the registers; and Heylyn, in his ‘Life of William Laud, Archbishop,’ gives Cambridge as the university. He was at one time tutor to the children of Isaac Casaubon, and among the Burney manuscripts in the British Museum there are several letters from him to Casaubon and to his son Meric, the latter having been Wedderburn's special pupil. Wedderburn took orders in the Anglican church, was minister at Harstone in 1615, and was closely associated with Laud in the preparation of the liturgy for the Scottish church. He was professor of divinity in


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 PREFACE TO THE SECOND EDITION.

second edition was called for as the first was out of print, and this new issue and all the author's interest in the History are the sole property of the publishers. In transferring my rights to the publishers, I undertook to write what was deemed necessary to bring the narrative "up to date." To do this and supply some omissions from the first edition were, both, desirable, and the attempt has been carried out as far as the publishers' views as to space have permitted. How inadequate the realisation is, my repeated wails in the text admit as frankly as possible. Independently of the omissions from the first edition, the developments of the city and suburbs during the 17 years since 1870 involved so much matter that it was found impossible to deal with it all in a satisfactory manner within the space available; but it is hoped that the leading events of the period have, at least, been in some way recognised. And even that could not have been done had it not been that the author, with some few exceptions, met everywhere the readiest will to assist him by supplying the official information required. In the body of the work these courtesies have been generally acknowledged, and I desire to repeat here my sense of indebtedness in that respect to very many citizens. It is not for me to judge how ill or well my part of the work has been done, but it may be permitted to me to say that the publishers and printers have finished their work in a manner that does credit to them and to the arts they represent. Mr. Niven has enriched the edition with many illustrations from his own pencil, and the photo-lithographs of official and other documents which give fac similes of those papers, bespeak the resources of the publishers' establishment. The apposite designs on the cover, and their engraving and printing, are all the product of the publishers' own office, and compare creditably with the work of old-world firms. The map of the mines, at page 232, has been prepared from surveys specially made by Mr. Robert Allan, mining surveyor, and is a document of

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 interest and value. To Mr. Anderson, the head printer, I owe my thanks for many intelligent suggestions in the course of the revisal of proofs, and his vigilant eye detected some errors in Appendix A which had lain unnoticed ever since the issue of the edition of 1870. It is hoped that the present edition is nearly free from literal errors, but two or three have been noticed since the matter passed through the press. In the bottom line, page 61, the date 1855 should be 1854; in the heading to Chapter VI. "representative charges" should be "representative changes;" and in the bottom line, page 285, the date 1857 should be 1856.

A word to scholars, that they may not believe a lie. I am no Latinist. As a poor pavior on the high road of letters, I picked up some Roman tesseræ by the way side, and, to please my fancy and give bits of color and tone of reminiscence and meaning not else handy, inserted them here and there in the ruder work. Only that, my learned brothers of the great republic.

The writer of even so small a history as this, is but as the voice of one crying in a wilderness of facts and dates, in hope of reducing them in some sort to cosmic order. Like the life it essays to depict, history is only a drama, and the historian merely sets the scenes, and lifts the curtain, where else had been uncertainty or oblivion.

Our revels now are ended. The actors here, too, were all spirits. Many, as squatters Pettett, Waldie, Winter, Bacchus, one of the Learmonth's, besides a host of mining and civic pioneers, have melted into air since the first edition was issued. The veteran Thomas Hastie still lives at the Buninyong manse, and others still grace, or disgrace, with their corporal presence, the scenes of their exploits. There remain Humffray and Lalor, and, with other of Lalor's Stockade subalterns, the goldfinder Esmond, Humffray and Esmond are in the shallows, but Lalor, on whose "rebel" head a price was once set, floats proudly as the able and well-salaried Speaker of the Legislative Assembly. His political friends are not ashamed to plead for a retiring pension for him, after he has, for many years, been liberally paid for his services in a nominally pension-hating democracy; whilst

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 St. Mary's College, St. Andrews, in 1617, and had obtained his degree of D.D. before January 1623, as at that time, in conjunction with Principal Howie, he introduced the liturgy at the college, in compliance with the orders of the king (, Hist. of the Kirk, Wodrow Soc. vii. 569). In February 1626 he was appointed rector of Compton, diocese of Winchester, and was collated canon of Ely before Christmas 1626. On 12 Sept. 1628 the king presented him to the vicarage of Mildenhall, diocese of Norwich. He was appointed prebendary of Whitchurch in the bishopric of Bath and Wells on 26 May 1631 (, Fasti, i. 203, 360). He became dean of the Chapel Royal, Stirling, in October 1635. On 11 Feb. 1636 he was preferred to the see of Dunblane, in succession to Adam Bellenden, promoted to the bishopric of Aberdeen. He must have retained the prebend of Whitchurch, as no successor was appointed until 1 July 1638 (Wells Cath. MSS. in Hist. MSS. Comm. 10th Rep. iii. 260). When the Glasgow assembly of 13 Dec. 1638 deposed the bishops, Wedderburn was expressly included in the excommunication, because ‘he had been a confidential agent of Laud, archbishop of Canterbury, in introducing the new liturgy and popish ceremonies.’ He fled to England, in company with other Scottish bishops, and found protection from his patron, Laud; but he did not long survive his deprivation. He died at Canterbury on 23 Sept. 1639, and was buried in the chapel of the Virgin Mary in the cathedral there. There is a portrait of the bishop, by Jamieson, at Birkhill, Fifeshire, reproduced in ‘The Wedderburn Book.’ In Scott's ‘Fasti’ he is said to have written ‘A Treatise of Reconciliation.’

[Keith's Catalogue of Bishops; Millar's Roll of Eminent Burgesses, p. 52; The Wedderburn Book (privately printed, 1898), i. 28; Millar's Compt Buik of David Wedderburn (Scottish Hist. Soc.); Lyon's Hist. of St. Andrews, ii. 418; Gardiner's Hist. of England, vii. 290, viii. 311; Scott's Fasti, ii. 840; Laud's Works; Rogers's Hist. of the Chapel Royal in Scotland, p. 190.]  WEDDERBURN, JOHN (1599–1679), physician, was the fifth son of Alexander Wedderburn of Kingennie, town clerk of Dundee, and Helen, daughter of Alexander Ramsay of Brachmont in Fife, and was born at Dundee in 1599. He matriculated at St. Andrews University in 1615, graduated in 1618, and was professor of philosophy there in 1620–30. Having chosen the medical profession, he rapidly attained an eminent position. He was appointed physician to the king, was knighted, and obtained a pension of two thousand pounds Scots from Charles I, which was confirmed to him by Charles II. Following the example of his kinsman and namesake, brother of James Wedderburn (1585–1639) [q. v.], who was then a distinguished physician in Moravia, Wedderburn prosecuted his medical studies on the continent, and was with the prince (Charles II) in Holland. On 9 April 1646 he was incorporated M.D. of Oxford University, upon the recommendation of the chancellor. He acquired a large fortune, and gave so liberally to his two nephews that one, Sir Alexander [q. v.], acquired the estate of Blackness, while the other, Sir Peter [q. v.], bought Gosford in East Lothian in 1659. At Gosford Sir John lived in partial retirement from 1662 till his death in July 1679, and was probably buried in the churchyard of Aberlady. He was unmarried. By his will he bequeathed his extensive and valuable library to St. Leonard's College, St. Andrews University.

A portrait of him is at Meredith, in the possession of Sir William Wedderburn. It is reproduced in ‘The Wedderburn Book.’

[Millar's Roll of Eminent Burgesses, p. 54; Lyon's Hist. of St. Andrews, ii. 188, 418; Wood's Fasti Oxon. ii. 92. The genealogy of the Wedderburns in Douglas's Baronage is very incorrect; the most complete and authentic accounts are given in the Compt Buik of David Wedderburne (Scot. Hist. Soc.) and in The Wedderburn Book, 1898, i. 132.]  WEDDERBURN, JOHN (1704–1746), bart., of Blackness, Jacobite, born on 4 Aug. 1704, eldest son of Sir Alexander Wedderburn, fourth baronet (cr. August 1704), by Katherine, daughter of John Scott, merchant, of Dundee, was taken prisoner at Culloden. Sir Alexander Wedderburn [q. v.] was his great-grandfather. His father had been deprived of the town clerkship of Dundee in 1717, and on his death in 1741 the family estates had to be sold, and the son lived in great poverty. According to Sir John's own account, he was seized by the rebels and compelled to join them by force; it was clearly proved that he had been concerned in levying excise for their use. He also joined the rebels as a soldier, was present at the battle of Falkirk, was seen on the retreat from Stirling, and in a return of rebel officers and soldiers—prisoners in Inverness, 19 April 1746—his name appears as Sir John Wedderburn of Elcho's lifeguards. He was found guilty of treason, and executed on Kennington Common on 28 Nov. 1746. His title and his estate of Blackness were forfeited. By Jean, eldest daughter of John Fullerton of that ilk, he had three surviving sons and four daughters. His eldest son, John, was father of David of Ballindean, who


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The Encyclopedia Americana (1920)/Academic Legion

ACADEMIC LEGION, an insurrectionary corps of armed students who made themselves conspicuous at Vienna in 1848.


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 was created a baronet of the United Kingdom in 1803, and became postmaster-general of Scotland.

[Historical Papers relating to the Jacobite Period (New Spalding Club), 1896; List of Persons concerned in the Rebellion in 1745 (Scottish History Soc.), 1890; Douglas's Scottish Baronage, p. 282; Burke's Peerage and Baronetage; Webster's Genealogical Account of the Wedderburn Family (privately printed at Nantes), 1819.]  WEDDERBURN, PETER (1616?–1679), Scottish judge, was the third son of James Wedderburn, town clerk of Dundee. Sir Alexander Wedderburn [q. v.] was his elder brother. He was born at Dundee about 1616, and was educated at St. Andrews, where he graduated M.A. in 1636. He was admitted advocate on 19 Jan. 1642, and speedily attained prominence at the bar. In January 1658–9 he acquired the estate of Gosford, Haddingtonshire, from Sir Alexander Auchmuty, not, as is stated in Douglas's ‘Baronage,’ from his uncle, Sir John Wedderburn [q. v.], who advanced money for the purpose as he had no children and had decided to make Peter his heir. Wedderburn remained firmly attached to the royalists during the civil war; and at the Restoration he was knighted and made keeper of the signet for life, with power to appoint deputies. In July 1661 he was appointed clerk to the privy council, and on 17 June 1668 he was raised to the bench as an ordinary lord of session, with the title of Lord Gosford. He represented the constabulary of Haddington in the conventions almost continuously from 1661 until 1674. He died at Gosford on 11 Nov. 1679. He married, first, in 1649, Christian Gibson, by whom he had one son, who died in infancy; and secondly, in 1653, Agnes, daughter of John Dickson, Lord Hartree of session, and had five sons and four daughters. The second son, Peter (1658–1746), assumed the name of Halkett on marrying Jane, daughter of Sir Charles Halkett, and heiress of her brother, Sir James Halkett; he is represented by Sir Peter Arthur Halkett of Pitfirrane, bart. Sir Peter Wedderburn's third son was grandfather of Alexander Wedderburn, first earl of Rosslyn [q. v.] Lord Gosford published ‘A Collection of Decisions of the Court of Session from 1 June 1668 till July 1677,’ which is still accepted as authoritative. He was regarded as an eloquent advocate and an upright judge, ‘whose deeds were prompted by truthfulness, and whose law was directed by justice and sympathy.’

A portrait of Sir Peter is in the possession of Sir William Wedderburn at Meredith, and is reproduced in ‘The Wedderburn Book.’ Another portrait was at Leslie House, and was sold in 1886.

[Brunton and Haig's Senators of the College of Justice, p. 394; Millar's Roll of Eminent Burgesses of Dundee, pp. 163, 196; The Wedderburn Book (privately printed, 1898), p. 363; Millar's Compt Buik of David Wedderburn (Scottish Hist. Soc.); Douglas's Baronage.]  WEDGE, JOHN HELDER (1792–1872), colonial statesman, was born in England in 1792. He arrived in Tasmania in 1827, having received an appointment in the survey department. In 1828 he was ordered by government to make a preliminary survey of the country before the patent of the grant about to be made to the Van Diemen's Land Company was settled. In accordance with his report the grant to the company was increased from 250,000 to 350,000 acres, but his recommendation to reserve land at Emu Bay for a township was disregarded, though it was the only site suitable for a port not already in the company's possession. Some years later with Frankland, the surveyor-general, he explored the country from the headwaters of the Derwent to Fort Davey, tracing the Huon river from its source. In 1835 he went to Port Phillip as agent for a syndicate of fifteen Tasmanians to take up a large tract of land in the territory of what is now Victoria. Six hundred thousand acres were purchased by Wedge from the natives before the syndicate's expedition, led by John Pascoe Fawkner [q. v.], arrived. The purchase was disallowed by the Sydney government, though at a later period the syndicate received a grant of land in partial compensation, Wedge selling his share in 1854 for 18,000l. While at Port Phillip he aided in rescuing William Buckley (1780–1856) [q. v.], who had lived over thirty years among the Australian natives. After the collapse of this syndicate Wedge visited England, returning in 1843, with Francis Russell Nixon [q. v.], bishop of Tasmania, as manager of the Christ College estate at Bishopsbourne. In 1855 he was elected member of the Tasmanian legislative council for the district of Morven, and in 1856 for the district of North Esk. He was a member of the cabinet without office in Thomas George Gregson's short ministry from 26 Feb. to 25 April 1857. At a later date he represented Hobart, and afterwards the Huon in the legislative council, retaining his seat until his death. For many years he resided on his estate, Leighlands, near Perth, but in 1865 removed to the estate of Medlands, on the river Forth, where he died on 22 Nov. 1872. In 1843 he married an English lady


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 Esmond, but for whose discovery Lalor might never have been here, has failed to get leave to earn State wages enough to keep the wolf from the door.

The fingers of change move swiftly. Whilst facts and figures have been shaping for the printers of this edition, the funerals of some of those who furnished the matter have passed by. Since the last chapter has been in type, the old mess-room of the civil and military officers of the Camp has been sold, and its materials have been removed piece-meal. Thirty years ago, the present Premier of Victoria stood in his blue serge shirt on the verandah of the house, and unsuccessfully tried to persuade his brother blue-shirts to return him, at that time, to the court then sitting there. "Rebel" bullets fell about the house during the ante-Stockade trouble, and then the vanquished victors of the Stockade sent representatives to sit in the mess-room as a Local Court, with Warden Sherard as first chairman, and thereafter, as long as the court lived, with the merry, brown-eyed Daly, and with the merrier and caustic Miskelly as the clerk for awhile. Ex-Chairman Sherard is still here, as Savings Bank actuary, but Daly and many others, who sat there a generation agone, are dead. The old historic house itself is now gone, too, and a free public library is to be built upon the site.

For myself, I now vanish for ever from this stage, to write editions of this History no more—if this be history. But though I now retire behind the scenes, so far as this work is concerned, I shall not forget the play nor the leading players. The largest portion of my life has been spent here, and if there be any possibility of the realisation of such a sad conceit as that of the Tudor Mary, who said Calais would be found written upon her heart, the name of this beautiful city of Ballarat may be found written upon mine. W. B. W.
 * Ballarat, 3rd August, 1887.

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 LIST OF ILLUSTRATIONS, PLANS, &c.

TO FACE PAGE.

General View of Ballarat, 1887 ...      ...        ... {Frontispiece), King Billy and Ballarat Tribe, 1850 ... Ballarat in 1852 from Mount Buninyong ... Drays on the Road to the Diggings Creswick Creek from Spring Hill, 1855 ... Ballarat Flat, 1855, from Black Hill The "Township" from Bath's hotel, 1855... John Alloo's Restaurant, Main road, 1853 Deep Sinking, Bakery Hill, 1855 First Quartz Mill, Black Hill ... Arrival of the Geelong Mail Coach Gold-digging License ... Business License Arrival of Troops Site of the Eureka Stockade Government Notices Proclamations Soldiers' and Diggers' Graves ... The Stockade Memorial Golden Point and Yarrowee Creek First Horse Puddler Band and Albion Consols Mine, 1887 Madame Berry Mine, 1887 Mining Plan of Ballarat Mining Registrar's Old Office View of Sturt street ... Lake Wendouree • • • ... 8 • • • ... 16 • • • ... 24 • • • ... 32 • • • ... 40 • • • ... 48 • • • ... oo • • • ... 64 • • • ... 72 • • • ... oU ■ • • ... Oo • • • ... vO • • • ... 104 • • • ... 112 • • • ... 120 • • t ... 128 • • • ... 152 • • ... 160 • • • ... 176 • • • ... 200 • • • ... 208 • • • ... 224 • • • ... 232 • • • ... 240 • • • .. 248 • • t ... 256

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Rh part, which was whirled around to the host, and then whirled back with its new load. Thus every plate was revolved into place, without the assistance of any of the family.

October 5. In "pine barrens" most of the day. Low, level, sandy tracts; the pines wide apart; the sunny spaces between full of beautiful abounding grasses,, long, wand-like , saw , etc., covering the ground in garden style. Here I sauntered in delightful freedom, meeting none of the cat-clawed vines, or shrubs, of the alluvial bottoms. Dwarf live-oaks common.

Toward evening I arrived at the home of Mr. Cameron, a wealthy planter, who had large bands of slaves at work in his cotton fields. They still call him "Massa." He tells me that labor costs him less now than it did before the emancipation of the negroes. When I arrived I found him busily engaged in scouring the rust off some cotton-gin saws which had been lying for months at the bottom of his mill-pond to prevent Sherman’s "bummers" from


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Rh them. The most valuable parts of the grist-mill and cotton-press were hidden in the same way. "If Bill Sherman," he said, "should come down now without his army, he would never go back."

When I asked him if he could give me food and lodging for the night he said, "No, no, we have no accommodations for travelers." I said, "But I am traveling as a botanist and either have to find lodgings when night overtakes me or lie outdoors, which I often have had to do in my long walk from Indiana. But you see that the country here is very swampy; if you will at least sell me a piece of bread, and give me a drink at your well, I shall have to look around for a dry spot to lie down on."

Then, asking me a few questions, and narrowly examining me, he said, "Well, it is barely possible that we may find a place for you, and if you will come to the house I will ask my wife." Evidently he was cautious to get his wife's opinion of the kind of creature I was before committing himself to hospitality. He


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Rh halted me at the door and called out his wife, a fine-looking woman, who also questioned me narrowly as to my object in coming so far down through the South, so soon after the war. She said to her husband that she thought they could, perhaps, give me a place to sleep.

After supper, as we sat by the fire talking on my favorite subject of botany, I described the country I had passed through, its botanical character, etc. Then, evidently, all doubt as to my being a decent man vanished, and they both said that they would n’t for any thing have turned me away; but I must excuse their caution, for perhaps fewer than one in a hundred, who passed through this unfrequented part of the country, were to be relied upon. "Only a short time ago we entertained a man who was well spoken and well dressed, and he vanished some time during the night with some valuable silverware."

Mr. Cameron told me that when I arrived he tried me for a Mason, and finding that I was not a Mason he wondered still more that I


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Rh would venture into the country without being able to gain the assistance of brother Masons in these troublous times.

"Young man," he said, after hearing my talks on botany, "I see that your hobby is botany. My hobby is e-lec-tricity. I believe that the time is coming, though we may not live to see it, when that mysterious power or force, used now only for telegraphy, will eventually supply the power for running railroad trains and steamships, for lighting, and, in a word, electricity will do all the work of the world." Many times since then I have thought of the wonderfully correct vision of this Georgia planter, so far in advance of almost everybody else in the world. Already nearly all that he foresaw has been accomplished, and the use of electricity is being extended more and more every year. October 4. New plants constantly appearing. All day in dense, wet, dark, mysterious forest of flat-topped taxodiums. October 5. Saw the stately banana for the


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Rh first time, growing luxuriantly in the wayside gardens. At night with a very pleasant, intelligent Savannah family, but as usual was admitted only after I had undergone a severe course of questioning.

October 6. Immense swamps, still more completely fenced and darkened, that are never ruffled with winds or scorched with drought. Many of them seem to be thoroughly aquatic.

October 7. Impenetrable taxodium swamp, seemingly boundless. The silvery skeins of tillandsia becoming longer and more abundant. Passed the night with a very pleasant family of Georgians, after the usual questions and cross questions.

October 8. Found the first woody composite, a most notable discovery. Took them to be such at a considerable distance. Almost all trees and shrubs are evergreens here with thick polished leaves.  becoming common. A magnificent tree in fruit and foliage as well as in flower. Near Savannah I found waste places covered with a dense growth of


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Rh woody leguminous plants, eight or ten feet high, with pinnate leaves and suspended rattling pods.

Reached Savannah, but find no word from home, and the money that I had ordered to be sent by express from Portage [Wisconsin] by my brother had not yet arrived. Feel dreadfully lonesome and poor. Went to the meanest looking lodging-house that I could find, on account of its cheapness.


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The Encyclopedia Americana (1920)/Basedow, Johann Bernhard

BASEDOW, bä'zẹ-dō, Johann Bernhard, often called by himself, German educator: b. 11 Sept. 1723; d. 25 July 1790. He had in Dessau an institution for education called Philanthropinon. The chief features of Basedow's system are the cosmopolitan character which he endeavored to instill into his pupils, and the full development of the faculties of the young at which he aspired, in pursuance of the notions of Locke and Rousseau. With Salzmann, Campe, etc., he established some good institutions, and deserves special credit for his efforts for the education of the lower classes.


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Rh or lumber to make one, for a sail instead of a march through Georgia. I was intoxicated with the beauty of these glorious river banks, which I fancied might increase in grandeur as I approached the sea. But I finally concluded that such a pleasure sail would be less profitable than a walk, and so sauntered on southward as soon as I was dry. Rattlesnakes abundant. Lodged at a farmhouse. Found a few tropical plants in the garden.

Cotton is the principal crop hereabouts, and picking is now going on merrily. Only the lower bolls are now ripe. Those higher on the plants are green and unopened. Higher still, there are buds and flowers, some of which, if the plants be thrifty and the season favorable, will continue to produce ripe bolls until January.

The negroes are easy-going and merry, making a great deal of noise and doing little work. One energetic white man, working with a will, would easily pick as much cotton as half a dozen Sambos and Sallies. The forest here is almost entirely made up of dim-green, knotty,


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Rh still occupy their former "quarters." They are now paid seven to ten dollars a month.

The weather is very hot on these sandy, lightly shaded, lowland levels. When very thirsty I discovered a beautiful spring in a sandstone basin overhung with shady bushes and vines, where I enjoyed to the utmost the blessing of pure cold water. Discovered here a fine southern fern, some new grasses, etc. Fancied that I might have been directed here by Providence, while fainting with thirst. It is not often hereabouts that the joys of cool water, cool shade, and rare plants are so delightfully combined.

Witnessed the most gorgeous sunset I ever enjoyed in this bright world of light. The sunny South is indeed sunny. Was directed by a very civil negro to lodgings for the night. Daily bread hereabouts means sweet potatoes and rusty bacon.

September 28. The water oak is abundant on stream banks and in damp hollows. Grasses are becoming tall and cane-like and do not


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CTOBER 9. After going again to the express office and post office, and wandering about the streets, I found a road which led me to the. If that burying-ground across the Sea of Galilee, mentioned in Scripture, was half as beautiful as Bonaventure, I do not wonder that a man should dwell among the tombs. It is only three or four miles from Savannah, and is reached by a smooth white shell road.

There is but little to be seen on the way in land, water, or sky, that would lead one to hope for the glories of Bonaventure. The ragged desolate fields, on both sides of the road, are overrun with coarse rank weeds, and show scarce a trace of cultivation. But soon all is changed. Rickety log huts, broken fences, and the last patch of weedy rice-stubble are left behind. You come to beds of purple liatris and


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Rh living wild-wood trees. You hear the song of birds, cross a small stream, and are with Nature in the grand old forest graveyard, so beautiful that almost any sensible person would choose to dwell here with the dead rather than with the lazy, disorderly living.

Part of the grounds was cultivated and planted with live-oak, about a hundred years ago, by a wealthy gentleman who had his country residence here. But much the greater part is undisturbed. Even those spots which are disordered by art, Nature is ever at work to reclaim, and to make them look as if the foot of man had never known them. Only a small plot of ground is occupied with graves and the old mansion is in ruins.

The most conspicuous glory of Bonaventure is its noble avenue of live-oaks. They are the most magnificent planted trees I have ever seen, about fifty feet high and perhaps three or four feet in diameter, with broad spreading leafy heads. The main branches reach out horizontally until they come together over the


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Rh driveway, embowering it throughout its entire length, while each branch is adorned like a garden with ferns, flowers, grasses, and dwarf palmettos.

But of all the plants of these curious tree-gardens the most striking and characteristic is the so-called Long Moss (). It drapes all the branches from top to bottom, hanging in long silvery-gray skeins, reaching a length of not less than eight or ten feet, and when slowly waving in the wind they produce a solemn funereal effect singularly impressive.

There are also thousands of smaller trees and clustered bushes, covered almost from sight in the glorious brightness of their own light. The place is half surrounded by the salt marshes and islands of the river, their reeds and sedges making a delightful fringe. Many bald eagles roost among the trees along the side of the marsh. Their screams are heard every morning, joined with the noise of crows and the songs of countless warblers, hidden deep in their dwellings of leafy bowers. Large flocks of


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 volumes of that periodical; Gent. Mag. 1859, ii. 653; Brady's Episcopal Succession, iii. 237, 242, 325, 342.]

WEEKES, HENRY (1807–1877), sculptor, was born at Canterbury in 1807. After serving an apprenticeship of five years with [q. v.] and studying in the schools of the Royal Academy, he became an assistant to Sir [q. v.] On the death of the latter in 1842 Weekes carried out many of his commissions, and took over his studio in Buckingham Palace Road, which he occupied throughout his life. He exhibited for the first time at the Royal Academy in 1828, and in 1838 modelled the first bust of the queen done after her accession to the throne. He took a high position as a portrait-sculptor, and his works of this class have great merit. He executed the statues of Sir Francis Bacon, for Trinity College, Cambridge; Lord Auckland, for Calcutta; Dr. Goodall, for Eton; John Hunter, for the Royal College of Surgeons; William Harvey, for the new museum at Oxford; Archbishop Sumner, for Canterbury Cathedral; Charles II, for the House of Lords; the figures of Cranmer, Latimer, and Ridley in the Martyrs' Memorial at Oxford; and a very large number of busts of eminent persons. Of his fancy figures and groups the most important are the Shelley memorial in Christchurch Abbey, Hampshire, and the group of ‘Manufactures’ in the Albert Memorial in Hyde Park. Engravings of his figure of a ‘Suppliant’ and Shelley monument were published in the ‘Art Journal’ in 1853 and 1863. Weekes was elected an associate of the Royal Academy in 1850, a full member in 1863, and professor of sculpture in 1873. In 1852 he was awarded a gold medal by the Society of Arts for his treatise on the fine arts section of the International Exhibition of 1851. He died, after much suffering, at his house in Pimlico on 28 May 1877. His bust of Dean Buckland is now in the National Portrait Gallery. A marble bust of Weekes was lent by J. Ernest Weekes to the Victorian Exhibition in 1887.

WEELKES, THOMAS (fl. 1600), musician, was probably born between 1570 and 1580, as in 1597 he published a set of madrigals, which he calls in the dedication ‘the first-fruicts of my barren ground.’ He also alluded to his ‘unripened years’ in the dedication of his second publication in 1598. Soon afterwards he became organist of Winchester College, as appears from his publications in 1600. He then proceeded to New College, Oxford, but was not on the foundation (Reg. Univ. Oxon. i. 31, 147). He supplicated for the degree of Mus. Bac. on 12 Feb. 1601–2, and was admitted on 13 July following. Wood (Fasti) erroneously calls him William Weelks. In the works published in 1608 he describes himself as organist of Chichester Cathedral and gentleman of the Chapel Royal; but his name does not occur in the ‘Cheque-book.’ He died before 1641, as an anthem of his was included in Barnard's ‘First Book of Selected Church Musick,’ from which composers then living were excluded. Another anthem in Barnard's manuscript collections at the Royal College of Music is dated 9 March 1617.

Weelkes's publications were: Weelkes also contributed a madrigal to Morley's ‘Triumphs of Oriana,’ 1601; and two pieces to Leighton's ‘Teares or Lamentacions of a sorrowful Soule,’ 1614. Besides the anthem printed by Barnard in 1641, two others were published in the Musical Antiquarian Society's ‘Anthems by Composers of the Madrigalian Period’ and ‘Responses to the Commandments’ in ‘The Choir and Musical Record,’ July 1864. In the manuscript collections now at the Royal College of Music, whence Barnard selected his publications, there are eleven other anthems; and vocal and instrumental pieces are preserved in Cosyn's ‘Virginal Book’ at Buckingham Palace, in Additional MSS. 29289, 29366–8, 29372–7, and 29427 at the British Museum, and in MS. 1882 at the Royal College. A madrigal was published by Stanley Lucas from Additional MSS. 17786–91; and there are pavans for viols in Additional MSS. 17792–6.
 * 1) ‘Madrigals to 3, 4, 5, and 6 Voyces,’ 1597; this collection was edited in score by E. J. Hopkins for the Musical Antiquarian Society, 1845; Nos. 2–4 are set to the words ‘My flocks feed not,’ an incorrect version of which subsequently appeared in the ‘Passionate Pilgrim.’
 * 2) ‘Ballets and Madrigals to five voyces, with one to 6 voyces,’ 1598; reprinted in 1608.
 * 3) ‘Madrigals of 5 and 6 parts apt for the Viols and Voyces,’ 1600.
 * 4) ‘Madrigals of 6 parts, apt for the Viols and Voices,’ 1600.
 * 5) ‘Ayers or Phantasticke Spirites for three Voices,’ 1608.

Some of Weelkes's madrigals have been reprinted in popular collections during the eighteenth and nineteenth centuries. Among his best works are: ‘As Vesta was from Latmos Hill descending’ (his contribution to the ‘Triumphs of Oriana’); ‘Lo country sports,’ 1597; ‘To shorten winter's sadness,’ ‘In pride of May,’ ‘Welcome, sweet pleasure,’


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 and ‘Lady, your eye,’ 1598; ‘Now let us make a merry greeting,’ 1600; ‘Strike it up, neighbour,’ ‘Now ev'ry tree,’ and ‘The Nightingale,’ 1608. Specimens may be seen in E. T. Warren's great collection of ‘Catches,’ &c. (1763), and ‘Vocal Harmony,’ ‘Apollonian Harmony’ (1780), Willoughby's ‘Social Harmony’ (1780), Bland's ‘Ladies' Collection’ (1785), R. Webb's ‘Collection of Madrigals’ (1808), Page's ‘Festive Harmony’ (1804), ‘The Harmonist’ (c. 1810), Gwilt's ‘Madrigals and Motets’ (1815), Samuel Webbe's ‘Convito Armonico’ and C. Knight's ‘Musical Library’ (1834), Hawes's ‘Collection of Madrigals’ (1835), ‘The British Harmonist’ (1848), Cramer's ‘Madrigals’ (1855), Oliphant's ‘Ten Favourite Madrigals’ and Turle and Taylor's ‘People's Singing Book’ (1844), Hullah's ‘Vocal Scores’ (1846), Joseph Warren's ‘Chorister's Handbook’ (1856), ‘The Choir and Musical Record’ for August 1863, ‘Arion’ (1894), and the cheap publications of Novello, Stanley Lucas, Cassell, and Curwen. Weelkes and Wilbye are usually mentioned together by critics and historians; but a ‘certain characteristic stiffness’ (GROVE) makes Weelkes decidedly inferior as a composer to his contemporary.

WEEMSE, JOHN (1579?-1636), divine. [See .]

WEEVER, JOHN (1576–1632), poet and antiquary, a native of Lancashire, born in 1576, was admitted to Queens' College, Cambridge, as a sizar on 30 April 1594. His tutor was [q. v.] (College Register). He bathed freely, he relates, in what he described as ‘Nestor-old nymph-nursing Grant[a].’ He retained through life an affection for his college, but seems to have left the university without a degree.

Retiring to his Lancashire home about 1598, he studied carefully and appreciatively current English literature, and in 1599 he published a volume entitled ‘Epigrammes in the oldest Cut and newest Fashion. A twise seven Houres (in so many weekes) Studie. No longer (like the Fashion) not unlike to continue. The first seven. John Weever’ (London by V. S. for Thomas Bushell), 1599, 12mo. The whole work was dedicated to a Lancashire patron, Sir Richard Houghton of Houghton Tower, high sheriff of the county. A portrait engraved by Thomas Cecil is prefixed, and described the author as twenty-three at the date of publication, 1599. But Weever in some introductory stanzas informs the reader that most of the epigrams were written when he was only twenty. He speaks of his Cambridge education, and confesses ignorance of London. The epigrams, which are divided into seven parts (each called a ‘week,’ after the manner of the French religious poet Du Bartas), are in crude and pedestrian verse. But the volume owes its value, apart from its rarity, to its mention and commendation of the chief poets of the day. The most interesting contribution is a sonnet (No. 22 of the fourth week) addressed to Shakespeare which forcibly illustrates the admiration excited among youthful contemporaries by the publication of Shakespeare's early works—his narrative poems, his ‘Romeo and Juliet,’ and his early historical plays (cf. Shakespeare's Centurie of Prayse, New Shakspere Soc., 1879, p. 16). Hardly less valuable to the historian of literature are Weever's epigrams on Edmund Spenser's poverty and death, on Daniel, Drayton, Ben Jonson, Marston, Warner, Robert Allott, and Christopher Middleton. In his epigram on Alleyn, he asserts that Rome and Roscius yield the palm to London and Alleyn. A copy of this extremely rare volume is in the Malone collection at the Bodleian Library.

Subsequently Weever produced another volume of verse. This bore the title: ‘The Mirror of Martyrs; or, the life and death of that thrice valient Capitaine and most godly Martyre Sir John Oldcastle, knight, Lord Cobham,’ 1601, sm. sq. 8vo (London, by V. S. for William Wood). There are two dedications to two friends, William Covell, B.D., the author's Cambridge tutor, and Richard Dalton of Pilling. The work was, the author tells us, written two years before publication, and was possibly suggested by the controversy about Sir John Oldcastle that was excited in London in 1598 by the production of Shakespeare's ‘Henry IV.’ In that play the great character afterwards re-named Falstaff at first bore the designation of Sir John Oldcastle, to the scandal of those who claimed descent from the lollard leader or sympathised with his opinions and career (cf. Shakespeare's Centurie of Prayse, pp. 42, 165). Weever calls his work the ‘true Oldcastle,’ doubtless in reference to the current controversy. Weever displays at several points his knowledge of Shakespeare's recent plays. He vaguely reflects Shake-


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Rh, all kinds of happy insects, seem to be in a perfect fever of joy and sportive gladness. The whole place seems like a center of life. The dead do not reign there alone. Bonaventure to me is one of the most impressive assemblages of animal and plant creatures I ever met. I was fresh from the Western prairies, the garden-like openings of Wisconsin, the beech and maple and oak woods of Indiana and Kentucky, the dark mysterious Savannah cypress forests; but never since I was allowed to walk the woods have I found so impressive a company of trees as the tillandsia-draped oaks of Bonaventure.

I gazed awe-stricken as one new-arrived from another world. Bonaventure is called a graveyard, a town of the dead, but the few graves are powerless in such a depth of life. The rippling of living waters, the song of birds, the joyous confidence of flowers, the calm, undisturbable grandeur of the oaks, mark this place of graves as one of the Lord’s most favored abodes of life and light.