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 all such as he knew of loyal principles that the queen was resolved to take their cause by hand,' and 'with horrid asseverations and solemn vows protested he would join and stand firm to the interests of both' (Papers, p. 53), but soon afterwards 'left his old friends and worshipped the rising sun' (ib. p. 98). In 1704 he was superseded as chancellor by the Marquis of Tweeddale; but on 17 Oct. he was made joint secretary of state along with the Earl of Roxburghe. On 9 March 1704-5 he was again appointed lord high chancellor, the Marquis of Tweeddale having been dismissed. In the same year his life was for a time endangered by the mob in Edinburgh, who, after the conviction of Captain Green and his crew for the capture of a vessel belonging to the Darien company and the murder of its captain and crew, suspected that the government intended to avoid executing the sentence of death.

Seafield, in March 1706, was appointed a commissioner for the union with England, and he was one of the most active promoters of the measure. According to Lockhart, 'when he, as chancellor, signed the engrossed exemplification of the Act of Union, he returned it to the clerk, in the face of parliament, with this despising and contemning remark, "Now there's ane end of ane old sang"' (Papers, i. 223). He was one of the sixteen Scottish representative peers chosen at the succeeding election in 1707, and was re-chosen at each subsequent election up to 1727 inclusive. He was also in 1707 chosen a member of the English privy council, and on his return to Edinburgh he produced to the lords of session a new commission appointing him chancellor of Scotland. Doubts having, however, arisen as to the validity of the office after the union, he was instead appointed lord chief baron in the court of exchequer, being admitted on 28 May. Seafield received only 100l. as compensation money at the time of the union, but in 1708 his great services in connection with the passing of the measure were acknowledged by the grant of a pension of 3,000l. per annum. On succeeding to his father, the third Karl of Findlater, in 1711, he adopted the title of Earl of Findlater and Seafield.

After the extension of the malt tax to Scotland in 1713, Findlater was induced, at the instance of Lockhart, to move for leave to bring in a bill for the repeal of the union. According to Lockhart, he was 'both well and ill pleased' with the task assigned him — 'well pleased because he hoped he might thereby take off part of the odium he lay under for being so instrumental in promoting the Union, and ill pleased because he would be obliged to unsay many things he had formerly advanced, and might perhaps offend the ministry. On the other hand, other people were diverted by seeing his lordship brought to this dilemma' (Papers, p. 434). In moving for repeal, the grievances on which Findlater dwelt were that the Scottish privy council was abolished, that the treason laws of England were extended to Scotland, that the Scottish peers were incapacitated from being peers of Great Britain, and that the Scots had been subjected to the malt tax. The motion was lost, by the small majority of four. Shortly afterwards Findlater was appointed keeper of the great seal of Scotland, he also presided as chancellor in the court of session, where his accomplishments as a lawyer and his practical tact were of great service in the smooth despatch of business. Although indicating occasionally a certain sympathy with the Jacobites, he kept aloof from Jacobite intrigues. He died on 15 Aug. 1730, at the age of sixty-six. A portrait of Seafield, by Kneller, has been engraved by Smith; another, by Sir John B. de Medina, belongs to the College of Surgeons, Edinburgh.

By his wife Anne, daughter of Sir William Dunbar of Durn, Banffshire, bart., Findlater had three sons and two daughters. The sons were James, lord Deskford, who succeeded as fifth earl of Findlater and second of Seafield, and was father of James, sixth earl of Findlater [q. v.]; William; and George, who passed advocate at the Scottish bar in 1723, and died unmarried in 1732. The daughters were Elizabeth, married to Charles, sixth earl of Lauderdale; and Janet, married first to Hugh Forbes, eldest son and heir-apparent of Sir William Forbes of Craigievar, bart., and secondly to William Duff of Braco, afterwards Earl of Fife.

'Seafield was,' says Lockhart, 'finely accomplished, a learned lawyer, a just judge, courteous, and good natured, but withal so intirely abandon'd to serve thecourt measures, be they what they will, that he seldom or never consulted his own inclinations, but was a blank sheet of paper which the court might fill up with what they pleas'd. As he thus sacrificed his honour and principles, so he likewise easily deserted his friend when his interest (which he was only firm to) did not stand in competition. He made a good figure, and proceeded extremely well in the Parliament and Session, where he despatched business to the general satisfaction of the Judges' (Papers, i. 53). This estimate may be accepted so far at least as it indicates wherein lay his special strength and weakness, but allowance must be made for the strong Jacobite bias of Lockhart. Macky


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Rh is the most universal and inveterate vice of man—the lasting bar to real amelioration, whether of individuals or of the world. Don't you now, barber, by your stubbornness on this occasion, give color to such a calumny?

"Hity-tity!" cried the barber, losing patience, and with it respect; "stubbornness?" Then clattering round the brush in the cup, "Will you be shaved, or won't you?"

"Barber, I will be shaved, and with pleasure; but, pray, don't raise your voice that way. Why, now, if you go through life gritting your teeth in that fashion, what a comfortless time you will have."

"I take as much comfort in this world as you or any other man," cried the barber, whom the other's sweetness of temper seemed rather to exasperate than soothe.

"To resent the imputation of anything like unhappiness I have often observed to be peculiar to certain orders of men," said the other pensively, and half to himself, "just as to be indifferent to that imputation, from holding happiness but for a secondary good and inferior grace, I have observed to be equally peculiar to other kinds of men. Pray, barber," innocently looking up, "which think you is the superior creature?" "All this sort of talk," cried the barber, still unmollified, "is, as I told you once before, not in my line. In a few minutes I shall shut up this shop. Will you be shaved?"

"Shave away, barber. What hinders?" turning up his face like a flower.

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92 hawk. The birds were chosen, bred, and trained with the greatest care and skill; they had perches in the bedroom and hall of their owners, whom they accompanied everywhere—even to church. They were attached to the wrist by a leather or silk strap, called a jesse, which passed between the fingers of the owner's left hand.

Perhaps this account of an old Royal hawking expedition will serve to explain the sport: "The King rode in front, attended by his seneschal, marshal, constables, chamberlains, falconers and other household officers, to a neighbouring wood, where there was a noted eyrie of herons, and there in a marshy meadow by the woodside they could see in the distance several of the great birds of which they were in quest. The King was desirous of proving a magnificent Norway hawk of a snowy whiteness. As soon as the falconers with their dogs arrived, the noble falcon, already unhooded, was thrown off upon the track. Then, although the heron flew as stoutly as could have been wished, the falcon, cutting the air with her strong pinions, closed in upon him and overtopped him in ever narrowing circles, when, having gained her distance, she swooped upon him like a thunderbolt, and down


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]. Some songs by him appear in Crofton Croker's 'Popular Songs of Ireland' and in Samuel Lover's 'Poems and Ballads,' where there is assigned to him the fine lyric known as 'Banish Sorrow.' He declined to publish any of his poems himself.

In 1768 Ogle was elected to the Irish parliament as member for Wexford county, and he sat for that constituency till 1796. A brilliant speaker, he delighted in 'splendid superlatives and figurative diction, whilst the spirit and energy of his manner corresponded to the glowing warmth of his expressions' (Review of the Irish House of Commons). He joined the whig party, and, although in favour of extending to Ireland popular rights and a legislative independence, he was opposed to catholic emancipation, and was a staunch upholder of the established church. Before 1778 he was challenged to a duel by Barney Coyle, a whisky distiller and member of the catholic board, on the ground that he had publicly said that' a papist could swallow a false oath as easily as a poached egg.' Eight shots were exchanged, but the combatants remained unhurt. Ogle declared that the remark which led to the encounter had been misreported, and he had referred not to 'papists,' but to 'rebels.' Shortly afterwards he publicly stated that 'some newspapers had misrepresented his sentiments on a former debate, on bringing in a bill to relax the popery laws, and had put words into his mouth which he never said, particularly that he hated an Irish papist, which was foreign to his thoughts. He hated no man on account of his faith' (Hibernian Journal, 1 June 1778). In 1779 he attacked Fox and the opposition in England for not resisting with greater vivacity Lord North's coercive policy in Ireland. Fox wrote to the Duke of Leinster explaining the difficulties of the parliamentary situation at Westminster, and expressed especial regret at Ogle's dissatisfaction, 'because I have always heard that he is a very honest man and a good whig' (Charlemont Papers in Hist. MSS. Comm. 12th Rep. x. 370). In 1779 Ogle joined the association called the Monks of St. Patrick. In 1782 he became a colonel in the Irish volunteers, actively supported that movement, and strongly asserted the claim of Ireland to legislative independence. But when the national convention assembled at Dublin under Lord Charlemont's presidency, in November 1783, Ogle is said to have delivered a message purporting to come from Lord Kenmare to the effect that the catholics of Ireland were satisfied with the privileges they had already obtained, and desired no more (, Life of O'Leary, p. 109). Kenmare at once denied that he ad authorised the delivery of such a message. According to later accounts, Sir Boyle Roche was responsible for the incident, but the contemporary reports saddle Ogle alone with the responsibility for the ruse. In 1783 Ogle was admitted to the Irish privy council, and in the following year obtained the patent place of registrar of deeds at Dublin, at a salary of 1,300l. a year. The step was taken ' from some disarrangement of his family affairs, as it is supposed,' but his constituents were content, and no difference appeared in his political action. His zeal for wise reform was not diminished ; and in April 1786, when the relations of landlords and protestant clergy to the tenants were under discussion, he described the landlords as 'great extortioners' (, English in Ireland, ii. 469). In 1789 he opposed the English government's proposals for a regency. In February 1793 he denounced Hobart's Catholic Relief Bill, and prophesied that the admission of catholics to political power must lead either to separation or to a legislative union (, vi. 568). In 1796, when he became governor of Wexford, he retired from the House of Commons and lived mainly on his estate, Bellevue, co. Wexford. But in the disturbed period of 1798 he consented to reenter parliament as member for Dublin. Although he voted against the legislative union in 1800, he was returned to the united parliament of 1801 as the representative of Dublin, and finally retired in 1804. He died at Bellevue, co. Wexford, on 10 Aug. 1814. A statue to his memory, by John Smyth, was placed in St. Patrick's Cathedral, Dublin, at a cost of 130/. He had no children.

His will, dated 26 Sept, 1798, and witnessed by John Hely-Hutchinson and John Swift Emerson, bequeaths his body to the churchyard of Ballycarnew, to repose beside his late wife. He named as executor his nephew, George Ogle Moore, afterwards M.P. for Dublin in 1826 and 1830, who inherited his property.


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358 The shaving began, and proceeded in silence, till at length it became necessary to prepare to relather a little—affording an opportunity for resuming the subject, which, on one side, was not let slip.

"Barber," with a kind of cautious kindliness, feeling his way, "barber, now have a little patience with me; do; trust me, I wish not to offend. I have been thinking over that supposed case of the man with the averted face, and I cannot rid my mind of the impression that, by your opposite replies to my questions at the time, you showed yourself much of a piece with a good many other men—that is, you have confidence, and then again, you have none. Now, what I would ask is, do you think it sensible standing for a sensible man, one foot on confidence and the other on suspicion? Don't you think, barber, that you ought to elect? Don't you think consistency requires that you should either say 'I have confidence in all men,' and take down your notification; or else say, 'I suspect all men,' and keep it up."

This dispassionate, if not deferential, way of putting the case, did not fail to impress the barber, and proportionately conciliate him. Likewise, from its pointedness, it served to make him thoughtful; for, instead of going to the copper vessel for more water, as he had purposed, he halted half-way towards it, and, after a pause, cup in hand, said: "Sir, I hope you would not do me injustice. I don't say, and can't say, and wouldn't say, that I suspect all men; but I do say that strangers are not to be trusted, and so," pointing up to the sign, "no trust."

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Rh they fell together, through a cloud of feathers, into the tree tops on the edge of the wood, where the falcon was secured."

Sometimes a whole party of ladies would go hawking or hunting alone, so keen were they on sport in those days. Accompanied by greyhounds, they hunted stag and rabbit, shooting them with bows and long-headed arrows. Not infrequently they roused the game by means of beating on a tabor. Partridges, quails and woodcocks were usually hawked. One cannot help feeling that the women must have looked very unsportsmanlike with their long gowns trailing behind them and coloured kerchiefs on their heads; but they could ride astride their horses as well as on side-saddles, they could wind a horn as well as any man, and use their spurs without compunction. They joined with men in all out-door sports, which were of a somewhat boisterous description, and lacking in that refinement and delicacy of which we think so much to-day. But those were days of light hearts and merry faces, when responsibility sat less heavy than it does in this twentieth century, and sorrow was faced with a firm, unwavering


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Rh "But look, now, I beg, barber," rejoined the other deprecatingly, not presuming too much upon the barber's changed temper; "look, now; to say that strangers are not to be trusted, does not that imply something like saying that mankind is not to be trusted; for the mass of mankind, are they not necessarily strangers to each individual man? Come, come, my friend," winningly, "you are no Timon to hold the mass of mankind untrustworthy. Take down your notification; it is misanthropical; much the same sign that Timon traced with charcoal on the forehead of a skull stuck over his cave. Take it down, barber; take it down to-night. Trust men. Just try the experiment of trusting men for this one little trip. Come now, I'm a philanthropist, and will insure you against losing a cent."

The barber shook his head dryly, and answered, "Sir, you must excuse me. I have a family."

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United States Code/Title 42/Chapter 85/Section 7607

§ 7607. Administrative proceedings and judicial review CAA § 307

(a) Administrative subpenas; confidentiality; witnesses
In connection with any determination under section 7410 (f) of this title, or for purposes of obtaining information under section 7521 (b)(4) or 7545 (c)(3) of this title, any investigation, monitoring, reporting requirement, entry, compliance inspection, or administrative enforcement proceeding under the chapter (including but not limited to section 7413, section 7414, section 7420, section 7429, section 7477, section 7524, section 7525, section 7542, section 7603, or section 7606 of this title),, the Administrator may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and he may administer oaths. Except for emission data, upon a showing satisfactory to the Administrator by such owner or operator that such papers, books, documents, or information or particular part thereof, if made public, would divulge trade secrets or secret processes of such owner or operator, the Administrator shall consider such record, report, or information or particular portion thereof confidential in accordance with the purposes of section 1905 of title 18, except that such paper, book, document, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this chapter, to persons carrying out the National Academy of Sciences’ study and investigation provided for in section 7521 (c) of this title, or when relevant in any proceeding under this chapter. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In case of contumacy or refusal to obey a subpena served upon any person under this subparagraph, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Administrator to appear and produce papers, books, and documents before the Administrator, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.

(b) Judicial review

 * (1) A petition for review of action of the Administrator in promulgating any national primary or secondary ambient air quality standard, any emission standard or requirement under section 7412 of this title, any standard of performance or requirement under section 7411 of this title,, any standard under section 7521 of this title (other than a standard required to be prescribed under section 7521 (b)(1) of this title), any determination under section 7521 (b)(5) of this title, any control or prohibition under section 7545 of this title, any standard under section 7571 of this title, any rule issued under section 7413, 7419, or under section 7420 of this title, or any other nationally applicable regulations promulgated, or final action taken, by the Administrator under this chapter may be filed only in the United States Court of Appeals for the District of Columbia. A petition for review of the Administrator’s action in approving or promulgating any implementation plan under section 7410 of this title or section 7411 (d) of this title, any order under section 7411 (j) of this title, under section 7412 of this title, under section 7419 of this title, or under section 7420 of this title, or his action under section 1857c–10 (c)(2)(A), (B), or (C) of this title (as in effect before August 7, 1977) or under regulations thereunder, or revising regulations for enhanced monitoring and compliance certification programs under section 7414 (a)(3) of this title, or any other final action of the Administrator under this chapter (including any denial or disapproval by the Administrator under subchapter I of this chapter) which is locally or regionally applicable may be filed only in the United States Court of Appeals for the appropriate circuit. Notwithstanding the preceding sentence a petition for review of any action referred to in such sentence may be filed only in the United States Court of Appeals for the District of Columbia if such action is based on a determination of nationwide scope or effect and if in taking such action the Administrator finds and publishes that such action is based on such a determination. Any petition for review under this subsection shall be filed within sixty days from the date notice of such promulgation, approval, or action appears in the Federal Register, except that if such petition is based solely on grounds arising after such sixtieth day, then any petition for review under this subsection shall be filed within sixty days after such grounds arise. The filing of a petition for reconsideration by the Administrator of any otherwise final rule or action shall not affect the finality of such rule or action for purposes of judicial review nor extend the time within which a petition for judicial review of such rule or action under this section may be filed, and shall not postpone the effectiveness of such rule or action.
 * (2) Action of the Administrator with respect to which review could have been obtained under paragraph (1) shall not be subject to judicial review in civil or criminal proceedings for enforcement. Where a final decision by the Administrator defers performance of any nondiscretionary statutory action to a later time, any person may challenge the deferral pursuant to paragraph (1).

(c) Additional evidence
In any judicial proceeding in which review is sought of a determination under this chapter required to be made on the record after notice and opportunity for hearing, if any party applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Administrator, in such manner and upon such terms and conditions as to [5] the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence.

(d) Rulemaking

 * (1) This subsection applies to—
 * (A) the promulgation or revision of any national ambient air quality standard under section 7409 of this title,
 * (B) the promulgation or revision of an implementation plan by the Administrator under section 7410 (c) of this title,
 * (C) the promulgation or revision of any standard of performance under section 7411 of this title, or emission standard or limitation under section 7412 (d) of this title, any standard under section 7412 (f) of this title, or any regulation under section 7412 (g)(1)(D) and (F) of this title, or any regulation under section 7412 (m) or (n) of this title,
 * (D) the promulgation of any requirement for solid waste combustion under section 7429 of this title,
 * (E) the promulgation or revision of any regulation pertaining to any fuel or fuel additive under section 7545 of this title,
 * (F) the promulgation or revision of any aircraft emission standard under section 7571 of this title,
 * (G) the promulgation or revision of any regulation under subchapter IV–A of this chapter (relating to control of acid deposition),
 * (H) promulgation or revision of regulations pertaining to primary nonferrous smelter orders under section 7419 of this title (but not including the granting or denying of any such order),
 * (I) promulgation or revision of regulations under subchapter VI of this chapter (relating to stratosphere and ozone protection),
 * (J) promulgation or revision of regulations under part C of subchapter I of this chapter (relating to prevention of significant deterioration of air quality and protection of visibility),
 * (K) promulgation or revision of regulations under section 7521 of this title and test procedures for new motor vehicles or engines under section 7525 of this title, and the revision of a standard under section 7521 (a)(3) of this title,
 * (L) promulgation or revision of regulations for noncompliance penalties under section 7420 of this title,
 * (M) promulgation or revision of any regulations promulgated under section 7541 of this title (relating to warranties and compliance by vehicles in actual use),
 * (N) action of the Administrator under section 7426 of this title (relating to interstate pollution abatement),
 * (O) the promulgation or revision of any regulation pertaining to consumer and commercial products under section 7511b (e) of this title,
 * (P) the promulgation or revision of any regulation pertaining to field citations under section 7413 (d)(3) of this title,
 * (Q) the promulgation or revision of any regulation pertaining to urban buses or the clean-fuel vehicle, clean-fuel fleet, and clean fuel programs under part C of subchapter II of this chapter,
 * (R) the promulgation or revision of any regulation pertaining to nonroad engines or nonroad vehicles under section 7547 of this title,
 * (S) the promulgation or revision of any regulation relating to motor vehicle compliance program fees under section 7552 of this title,
 * (T) the promulgation or revision of any regulation under subchapter IV–A of this chapter (relating to acid deposition),
 * (U) the promulgation or revision of any regulation under section 7511b (f) of this title pertaining to marine vessels, and
 * (V) such other actions as the Administrator may determine.
 * The provisions of section 553 through 557 and section 706 of title 5 shall not, except as expressly provided in this subsection, apply to actions to which this subsection applies. This subsection shall not apply in the case of any rule or circumstance referred to in subparagraphs (A) or (B) of subsection 553(b) of title 5.
 * (2) Not later than the date of proposal of any action to which this subsection applies, the Administrator shall establish a rulemaking docket for such action (hereinafter in this subsection referred to as a “rule”). Whenever a rule applies only within a particular State, a second (identical) docket shall be simultaneously established in the appropriate regional office of the Environmental Protection Agency.
 * (3) In the case of any rule to which this subsection applies, notice of proposed rulemaking shall be published in the Federal Register, as provided under section 553 (b) of title 5, shall be accompanied by a statement of its basis and purpose and shall specify the period available for public comment (hereinafter referred to as the “comment period”). The notice of proposed rulemaking shall also state the docket number, the location or locations of the docket, and the times it will be open to public inspection. The statement of basis and purpose shall include a summary of—
 * (A) the factual data on which the proposed rule is based;
 * (B) the methodology used in obtaining the data and in analyzing the data; and
 * (C) the major legal interpretations and policy considerations underlying the proposed rule.
 * The statement shall also set forth or summarize and provide a reference to any pertinent findings, recommendations, and comments by the Scientific Review Committee established under section 7409 (d) of this title and the National Academy of Sciences, and, if the proposal differs in any important respect from any of these recommendations, an explanation of the reasons for such differences. All data, information, and documents referred to in this paragraph on which the proposed rule relies shall be included in the docket on the date of publication of the proposed rule.
 * (4)
 * (A) The rulemaking docket required under paragraph (2) shall be open for inspection by the public at reasonable times specified in the notice of proposed rulemaking. Any person may copy documents contained in the docket. The Administrator shall provide copying facilities which may be used at the expense of the person seeking copies, but the Administrator may waive or reduce such expenses in such instances as the public interest requires. Any person may request copies by mail if the person pays the expenses, including personnel costs to do the copying.
 * (B)
 * (i) Promptly upon receipt by the agency, all written comments and documentary information on the proposed rule received from any person for inclusion in the docket during the comment period shall be placed in the docket. The transcript of public hearings, if any, on the proposed rule shall also be included in the docket promptly upon receipt from the person who transcribed such hearings. All documents which become available after the proposed rule has been published and which the Administrator determines are of central relevance to the rulemaking shall be placed in the docket as soon as possible after their availability.
 * (ii) The drafts of proposed rules submitted by the Administrator to the Office of Management and Budget for any interagency review process prior to proposal of any such rule, all documents accompanying such drafts, and all written comments thereon by other agencies and all written responses to such written comments by the Administrator shall be placed in the docket no later than the date of proposal of the rule. The drafts of the final rule submitted for such review process prior to promulgation and all such written comments thereon, all documents accompanying such drafts, and written responses thereto shall be placed in the docket no later than the date of promulgation.
 * (5) In promulgating a rule to which this subsection applies
 * (i) the Administrator shall allow any person to submit written comments, data, or documentary information;
 * (ii) the Administrator shall give interested persons an opportunity for the oral presentation of data, views, or arguments, in addition to an opportunity to make written submissions;
 * (iii) a transcript shall be kept of any oral presentation; and
 * (iv) the Administrator shall keep the record of such proceeding open for thirty days after completion of the proceeding to provide an opportunity for submission of rebuttal and supplementary information.
 * (6)
 * (A) The promulgated rule shall be accompanied by
 * (i) a statement of basis and purpose like that referred to in paragraph (3) with respect to a proposed rule and
 * (ii) an explanation of the reasons for any major changes in the promulgated rule from the proposed rule.
 * (B) The promulgated rule shall also be accompanied by a response to each of the significant comments, criticisms, and new data submitted in written or oral presentations during the comment period.
 * (C) The promulgated rule may not be based (in part or whole) on any information or data which has not been placed in the docket as of the date of such promulgation.
 * (7)
 * (A) The record for judicial review shall consist exclusively of the material referred to in paragraph (3), clause (i) of paragraph (4)(B), and subparagraphs (A) and (B) of paragraph (6).
 * (B) Only an objection to a rule or procedure which was raised with reasonable specificity during the period for public comment (including any public hearing) may be raised during judicial review. If the person raising an objection can demonstrate to the Administrator that it was impracticable to raise such objection within such time or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule, the Administrator shall convene a proceeding for reconsideration of the rule and provide the same procedural rights as would have been afforded had the information been available at the time the rule was proposed. If the Administrator refuses to convene such a proceeding, such person may seek review of such refusal in the United States court of appeals for the appropriate circuit (as provided in subsection (b) of this section). Such reconsideration shall not postpone the effectiveness of the rule. The effectiveness of the rule may be stayed during such reconsideration, however, by the Administrator or the court for a period not to exceed three months.
 * (8) The sole forum for challenging procedural determinations made by the Administrator under this subsection shall be in the United States court of appeals for the appropriate circuit (as provided in subsection (b) of this section) at the time of the substantive review of the rule. No interlocutory appeals shall be permitted with respect to such procedural determinations. In reviewing alleged procedural errors, the court may invalidate the rule only if the errors were so serious and related to matters of such central relevance to the rule that there is a substantial likelihood that the rule would have been significantly changed if such errors had not been made.
 * (9) In the case of review of any action of the Administrator to which this subsection applies, the court may reverse any such action found to be—
 * (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
 * (B) contrary to constitutional right, power, privilege, or immunity;
 * (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; or
 * (D) without observance of procedure required by law, if
 * (i) such failure to observe such procedure is arbitrary or capricious,
 * (ii) the requirement of paragraph (7)(B) has been met, and
 * (iii) the condition of the last sentence of paragraph (8) is met.
 * (10) Each statutory deadline for promulgation of rules to which this subsection applies which requires promulgation less than six months after date of proposal may be extended to not more than six months after date of proposal by the Administrator upon a determination that such extension is necessary to afford the public, and the agency, adequate opportunity to carry out the purposes of this subsection.
 * (11) The requirements of this subsection shall take effect with respect to any rule the proposal of which occurs after ninety days after August 7, 1977.

(e) Other methods of judicial review not authorized
Nothing in this chapter shall be construed to authorize judicial review of regulations or orders of the Administrator under this chapter, except as provided in this section.

(f) Costs
In any judicial proceeding under this section, the court may award costs of litigation (including reasonable attorney and expert witness fees) whenever it determines that such award is appropriate.

(g) Stay, injunction, or similar relief in proceedings relating to noncompliance penalties
In any action respecting the promulgation of regulations under section 7420 of this title or the administration or enforcement of section 7420 of this title no court shall grant any stay, injunctive, or similar relief before final judgment by such court in such action.

(h) Public participation
It is the intent of Congress that, consistent with the policy of subchapter II of chapter 5 of title 5, the Administrator in promulgating any regulation under this chapter, including a regulation subject to a deadline, shall ensure a reasonable period for public participation of at least 30 days, except as otherwise expressly provided in section 7407(d), 7502(a), 7511(a) and (b), and 7512(a) and (b) of this title.


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-major-general under Sir Francis Vere in the Low Countries, and remained on active service there for nearly thirty years. On 2 July 1600 he took part, as lieutenant-colonel under Sir Francis Vere, in the great battle of Nieuport. In the retreat of the English at the opening of the engagement, he helped to rescue Vere, who had been wounded. Afterwards he rallied the English force, and, renewing the fight, finally drove the enemy back. Ogle was also with Vere while the latter was besieged in Ostend. In December 1601, when Vere desired negotiations with the Spanish besiegers, Ogle was sent to the camp of the Archduke Maurice as hostage for the safety of the Spanish envoys who were sent to Vere's quarters. Dr. William Dillingham included in his 'Commentaries of Sir Francis Vere' (1657) Ogle's accounts of the last charge at the battle of Nieuport, and of the parley at Ostend.

During a brief stay in England in 1603, Ogle was knighted at Woodstock (10 Dec.), but he soon returned to the Low Countries, and actively helped to recover Sluys from the Spaniards in April 1604. With the other English colonels, Sir Horace Vere and Sir Edward Cecil, Ogle had frequent differences of opinion; but his energy and politic temper were fully recognised by the States-General and the stadtholder, Prince Maurice, who in 1610 nominated him to the responsible office of governor of Utrecht. That city was at the time showing those first signs of discontent with the policy of Prince Maurice and the States-General which led, a few years later, to serious internal commotion throughout the Dutch provinces. And one of Ogle s earliest duties was to suppress a conspiracy which had for its object the seizure of himself and the overpowering of his garrison. When Barneveldt, the leader of the party opposed to Prince Maurice, gained a position of influence in Utrecht, Ogle hesitated to take any strong measures against him, because he had been a friend and admirer of Ogle's former chief, Sir Francis Vere. But in 1618, when urged by Barneveldt's supporters to place his soldiers at their disposal, he deliberately refused. His attitude had not, however, been sufficiently decisive, in the earlier stages of the movement, to warrant his continuance in his office, and before the year closed he was succeeded as governor by Sir Horace Vere (cf, Life of Barneveldt, i. 164, ii. 230-1; Wagenaar, Vad. Hist. x. 31, 220-94). Shortly afterwards he finally left the Low Countries.

In consideration of his services abroad, James I made Ogle a grant of arms on 11 Jan. 1614-15. While in Holland he had not wholly neglected affairs at home, and was one of the most enthusiastic members of the Virginia Company. His name appears as one of the promoters in both the second (23 May 1609) and third (March 1612) charters of the company. On his return to England he was readmitted a member,and he joined the council in 1623. In the same year Henry, lord de la Warr, transferred to him three shares in the company (, Genesis, pp. 212, 544). In April 1624 Ogle was appointed by James I member of a new and important council of war, which represented all the available military knowledge of the day. The immediate business of the council was to consider England's intervention in the thirty years' war, but Ogle was largely occupied in surveying the fortifications on the sea-coast. In 1625 he was present at James I's funeral (, Progresses, iii. 1043). Shortly afterwards he undertook, with other speculators, the task of draining the level of Hatfield Chace in Yorkshire. The venture proved unremunerative, and dwellers in the neighbourhood petitioned the council of York in 1634 for the arrest of Ogle and his partners, owing to their failure to complete the operations. At the same time, 'with a purpose rather to mend his fortunes than to require his attendance,' Ogle received, with the approval of Lord-deputy Wentworth, a captain's commission in the army employed in Ireland (Strafford Papers, i. 107). But when he claimed pay, amounting in May 1638 to 1,464l. 11s., for merely nominal services, Wentworth declined to recognise the demand, despite the favour extended by the king to Ogle's petition (ib. ii. 201; Cal. State Papers, 1637-8, p. 427).

Ogle was buried in Westminster Abbey on 17 March 1639-40 (, Reg. Westminster Abbey, p. 134). His burial in the abbey is also noted in the parish register of St. Peter-le-Poer, London. His will, dated 6 Dec. 1628, was proved on 15 July 1640 (P. C. C. 105, Coventry). His widow, Elizabeth, daughter of Cornelius de Vries of Dordrecht, was the executrix. On 11 May 1622 a grant of denization was made to Lady Elizabeth, Ogle's wife, and to John, Thomas, Cornelius, and Dorothy, his children, all of whom were born in the Low Countries (Cal. 1619-23, p. 390). Among the archives of the House of Lords is a draft bill (dated 1626) for naturalising Ogle's wife, four sons, and seven daughters (Hist. MSS. Comm. 4th Rep. p. 122); this bill did not become law.

An engraved portrait by William Faithorne appears in Dillingham's 'Commentaries of Vere' (1657, p. 106), and is reproduced in Brown's 'Genesis of the United States' (ii. 691). A black patch covers the left eye.


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" you are a philanthropist, sir," added the barber with an illuminated look; "that accounts, then, for all. Very odd sort of man the philanthropist. You are the second one, sir, I have seen. Very odd sort of man, indeed, the philanthropist. Ah, sir," again meditatively stirring in the shaving-cup, "I sadly fear, lest you philanthropists know better what goodness is, than what men are." Then, eying him as if he were some strange creature behind cage-bars, "So you are a philanthropist, sir."

"I am Philanthropos, and love mankind. And, what is more than you do, barber, I trust them."

Here the barber, casually recalled to his business, would have replenished his shaving-cup, but finding now that on his last visit to the water-vessel he had not replaced it over the lamp, he did so now; and, while waiting for it to heat again, became almost as sociable as if the heating water were meant for whisky-punch; and almost as pleasantly garrulous as the pleasant barbers in romances.

"Sir," said he, taking a throne beside his customer

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FRASER,, A.R.S.A., subject painter. He was born in Edinburgh, April 7, 1786, and studied his art under John Graham, at the Trustees' Academy. In 1810 he sent his first picture, 'A Green Stall,' to the Royal Academy, followed by two domestic subjects in 1812; and in 1813 he came to reside in London, and was from time to time an exhibitor; and trusting to his profession for his support, soon gained a fair position. He then engaged as an assistant to Wilkie, R.A., who had been his fellow-pupil in Edinburgh, and for 20 years painted the details and still-life into Wilkie's pictures, working usually in his studio. The engagement did not, however, preclude his painting pictures of his own; he continued to exhibit at the Academy and the British Institution, and at the latter received in 1842 a donation of 50 guineas for the general merit of his works. He was elected an associate of the Royal Scottish Academy. His pictures were chiefly founded on Scottish incidents, and he could scarcely avoid imitating Wilkie, yet his story was well told and his work well painted. For the last 10 years of his life the state of his health prevented him practising his profession. He died at Wood Green, Hornsey, February 15, 1865. His 'Interior of a Highland Cottage' is in the South Kensington Museum. His 'Robinson Crusoe reading the Bible to Friday' has been engraved, as have some of his designs in illustration of the Waverley novels.

FREEBAIRN,, landscape painter. Born in 1765. He was Richard Wilson's last pupil, and on his master's death went to Italy to pursue his studies in landscape art. He continued there for 10 years, studied in Rome 1789-91, and formed his art upon the scenery and effects of the country, returning to London in 1792. He painted in oil. His subjects were almost exclusively Italian, and from 1782 to 1807, he was, with little intermission, an exhibitor at the Royal Academy. He was also a 'fellow exhibitor' in 1806 and 1807 at the then newly-formed Water-Colour Society. His works were carefully and neatly finished, his colour brilliant and pleasing, yet they never reached excellence. They were not numerous, and were chiefly painted on commission. He published, in 40 plates, 'English and Italian Scenery.' He died of decline, in Buckingham Place, New Road, January 23, 1808, aged 42, leaving a widow and four children.

FREEBAIRN,, engraver. He was a student at the Royal Academy. His chief work, which he only just lived to finish, is an engraving from Flaxman's 'Shield of Achilles.' He died suddenly, August 21, 1846, aged 52, and was buried in Highgate Cemetery.

FREEMAN,, history painter. He practised in the latter half of the 17th century, and was a rival of Isaac Fuller. He went early in life to the West Indies, and on his return was much employed. In the latter part of his life he was scene painter to the playhouse in Covent Garden. There are five paintings attributed to him in the gallery of the Louvre.

FREEMAN,, engraver. He practised chiefly in portrait and history. He engraved Corregio's 'Holy Family' and Raphael's 'Madonna,' 'Infant Christ and St. John,' also Vandyck's 'St. Ambrose refusing the Emperor Theodosius admission to the Church,' works of second class merit. He died February 27, 1857, aged 84.

FREESE, N., miniature painter. Artist to the Duke of Cambridge. He exhibited miniatures at the Royal Academy from 1797 to 1813, occasionally contributing a landscape in oil.

FRENCH,, scene painter. Practised towards the end of the 18th century as an antiquarian draftsman and scene painter. He resided chiefly at Bath, and painted the scenery for the Bath Theatre. He died there in September 1803.

FRENCH,, history painter. Born in Ireland. He went to Italy early in the 18th century, and studied many years in Rome, where he gained a medal in the Academy of St. Luke. Returning to England, he painted some historical subjects, but found no encouragement, and went back to Italy. In 1725 he came again to England, but was attacked by illness, and died the following year.

FROST,, amateur. He was born at Barrow (some accounts say Ousden). Suffolk, where his father was a builder. Brought up to this business, he was afterwards employed in the office of the Ipswich Coach, a connection which he continued till within a few years of his death, and in which he gained a competence. He early showed a love of drawing, and without instruction acquired by his own perseverance an artist-like love of nature. He drew picturesque buildings and landscape in a masterly manner, finding his subjects in Ipswich and its neighbourhood. He was an ardent admirer and imitator of Gainsborough, and possessed some good drawings and paintings by him. In a note by Constable, R. A., he speaks of him as 'my dear old friend Frost.' He died at Ipswich, June 28, 1821. aged 77, and was buried in St. Matthews Churchyard. 161


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Rh (for in a row there were three thrones on the dais, as for the three kings of Cologne, those patron saints of the barber), "sir, you say you trust men. Well, I suppose I might share some of your trust, were it not for this trade, that I follow, too much letting me in behind the scenes."

"I think I understand," with a saddened look; "and much the same thing I have heard from persons in pursuits different from yours—from the lawyer, from the congressman, from the editor, not to mention others, each, with a strange kind of melancholy vanity, claiming for his vocation the distinction of affording the surest inlets to the conviction that man is no better than he should be. All of which testimony, if reliable, would, by mutual corroboration, justify some disturbance in a good man's mind. But no, no; it is a mistake—all a mistake."

"True, sir, very true," assented the barber.

"Glad to hear that," brightening up.

"Not so fast, sir," said the barber; "I agree with you in thinking that the lawyer, and the congressman, and the editor, are in error, but only in so far as each claims peculiar facilities for the sort of knowledge in question; because, you see, sir, the truth is, that every trade or pursuit which brings one into contact with the facts, sir, such trade or pursuit is equally an avenue to those facts."

"How exactly is that ?"

"Why, sir, in my opinion—and for the last twenty years I have, at odd times, turned the matter over some in

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362 my mind—he who comes to know man, will not remain in ignorance of man. I think I am not rash in saying that; am I, sir?"

"Barber, you talk like an oracle—obscurely, barber, obscurely."

"Well, sir," with some self-complacency, " the barber has always been held an oracle, but as for the obscurity, that I don't admit."

"But pray, now, by your account, what precisely maybe this mysterious knowledge gained in your trade? I grant you, indeed, as before hinted, that your trade, imposing on you the necessity of functionally tweaking the noses of mankind, is, in that respect, unfortunate, very much so; nevertheless, a well-regulated imagination should be proof even to such a provocation to improper conceits. But what I want to learn from you, barber, is, how does the mere handling of the outside of men's heads lead you to distrust the inside of their hearts?

"What, sir, to say nothing more, can one be forever dealing in macassar oil, hair dyes, cosmetics, false moustaches, wigs, and toupees, and still believe that men are wholly what they look to be? What think you, sir, are a thoughtful barber's reflections, when, behind a careful curtain, he shaves the thin, dead stubble off a head, and then dismisses it to the world, radiant in curling auburn? To contrast the shamefaced air behind the curtain, the fearful looking forward to being possibly discovered there by a prying acquaintance, with the cheerful assurance and challenging pride with which

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Rh the same man steps forth again, a gay deception, into the street, while some honest, shock-headed fellow humbly gives him the wall. Ah, sir, they may talk of the courage of truth, but my trade teaches me that truth sometimes is sheepish. Lies, lies, sir, brave lies are the lions!"

"You twist the moral, barber; you sadly twist it. Look, now; take it this way: A modest man thrust out naked into the street, would he not be abashed? Take him in and clothe him; would not his confidence be restored? And in either case, is any reproach involved? Now, what is true of the whole, holds proportionably true of the part. The bald head is a nakedness which the wig is a coat to. To feel uneasy at the possibility of the exposure of one's nakedness at top, and to feel comforted by the consciousness of having it clothed—these feelings, instead of being dishonorable to a bold man, do, in fact, but attest a proper respect for himself and his fellows. And as for the deception, you may as well call the fine roof of a fine chateau a deception, since, like a fine wig, it also is an artificial cover to the head, and equally, in the common eye, decorates the wearer.—I have confuted you, my dear barber; I have confounded you."

"Pardon," said the barber, "but I do not see that you have. His coat and his roof no man pretends to palm off as a part of himself, but the bald man palms off hair, not his, for his own."

"Not his, barber? If he have fairly purchased his hair, the law will protect him in its ownership, even

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364 against the claims of the head on which it grew. But it cannot be that you believe what you say, barber; you talk merely for the humor. I could not think so of you as to suppose that you would contentedly deal in the impostures you condemn."

"Ah, sir, I must live."

"And can't you do that without sinning against your conscience, as you believe? Take up some other calling."

"Wouldn't mend the matter much, sir."

"Do you think, then, barber, that, in a certain point, all the trades and callings of men are much on a par? Fatal, indeed," raising his hand, "inexpressibly dreadful, the trade of the barber, if to such conclusions it necessarily leads. Barber," eying him not without emotion, "you appear to me not so much a misbeliever, as a man misled. Now, let me set you on the right track; let me restore you to trust in human nature, and by no other means than the very trade that has brought you to suspect it."

"You mean, sir, you would have me try the experiment of taking down that notification," again pointing to it with his brush; "but, dear me, while I sit chatting here, the water boils over."

With which words, and such a well-pleased, sly, snug, expression, as they say some men have when they think their little stratagem has succeeded, he hurried to the copper vessel, and soon had his cup foaming up with white bubbles, as if it were a mug of new ale.

Meantime, the other would have fain gone on with

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Rh the discourse; but the cunning barber lathered him with so generous a brush, so piled up the foam on him, that his face looked like the yeasty crest of a billow, and vain to think of talking under it, as for a drowning priest in the sea to exhort his fellow-sinners on a raft. Nothing would do, but he must keep his mouth shut. Doubtless, the interval was not, in a meditative way, unimproved; for, upon the traces of the operation being at last removed, the cosmopolitan rose, and, for added refreshment, washed his face and hands; and having generally readjusted himself, began, at last, addressing the barber in a manner different, singularly so, from his previous one. Hard to say exactly what the manner was, anymore than to hint it was a sort of magical; in a benign way, not wholly unlike the manner, fabled or otherwise, of certain creatures in nature, which have the power of persuasive fascination—the power of holding another creature by the button of the eye, as it were, despite the serious disinclination, and, indeed, earnest protest, of the victim. With this manner the conclusion of the matter was not out of keeping; for, in the end, all argument and expostulation proved vain, the barber being irresistibly persuaded to agree to try, for the remainder of the present trip, the experiment of trusting men, as both phrased it. True, to save his credit as a free agent, he was loud in averring that it was only for the novelty of the thing that he so agreed, and he required the other, as before volunteered, to go security to him against any loss that might ensue; but still the fact remained, that he engaged to trust men, a thing he had before said he

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94 faith that neither doubted nor despaired. Like happy children—if uncouth and ill-mannered—they played their riotous games of Blind Man's Buff or Hoodman Blind, as they called it, Hot Cockles, Battledore and Shuttlecock, Prisoner's Base, and Frog in the Middle; they danced and they "tumbled"; they played with balls, with whipping-tops, with ninepins, with bowls; they revelled in cock-fighting and bull-baiting, and derived amusement from many another pastime. Martial sports, too, were developing, and the knightly tournament played its part in the lives of the English nobility. Perhaps the spirit of knightly chivalry attained its highest development in the fourteenth century. Its effect on the minds of Englishmen was distinctly good. It "inspired a thousand generous thoughts and heroic actions, and laid the foundation of that most perfect character, the true English gentleman;" but too often the spectacle degenerated into odd extravagances and added fire to passions already fierce and uncontrolled, so that the splendid arena was defiled with brutal and regrettable incidents. Magnificent indeed was the armour of the knight as he tilted at the tournament, rich


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FRY,, engraver. Born in 1789. He engraved after 'Annibale, Caracci, Parmegiano, and Flaxman, R.A., but his works did not attain distinction. He died in 1843.

FRYE,, portrait painter. He was born near Dublin in 1710, and was but poorly educated. He came to London early in life with Stoppelaer, the artist, and commenced painting portraits. In 1734 he painted a full-length portrait of Frederick, Prince of Wales, for the Saddlers' Hall. Some years later he took the management of the china manufacture established at Bow. In 1749 he took out a patent for making porcelain, and devoting himself to this work, spent 15 years among the furnaces, to the great injury of his health. His ability was shown in the improved elegance of form and ornamentation, but the manufacture did not succeed. He then journeyed to Wales to restore his health, painting portraits with success on the way; and returning much invigorated and with some money in his pocket, he took a house in Hatton Garden, and resumed the practice of his art. He painted portraits in oil, crayons, life-size, in black and white chalk on coloured paper, and miniatures. He was happy in his likeness, and enjoyed contemporary reputation, particularly for his miniatures, some of which were highly finished in black lead, and some very small in water-colours, for the decoration of jewellery. He engraved several portraits life-size and ad vivum in mezzo-tint. These works are of great power, the light and shade excellent, the face finely moulded and well drawn, but the hands, when introduced, are indifferent. Of these works, the portraits of George III. and his Queen, with Miss Pond and the artist's own, are the most esteemed. A portrait by him of Leveridge, the singer, exhibited in 1760, is mezzo-tinted by Pether. He was very corpulent and subject to gout, and confined himself to such a spare diet that, added to his close application to his art, a complication of disorders ensued, ending in consumption. He died April 2, 1762 in his 52nd year, it is said insolvent. He left a son and two daughters, who died in obscurity.

FRYER,, serjeant-painter to Queen Elizabeth. He held the office till his death.

FULLER,, history and portrait painter. Born 1606. Little is known of his early life, except that he studied art in France under Perrier. He practised in the reign of Charles II., and painted 'wallpieces,' which were rather ornamental than artistic, decorating thus several London taverns, as was then the custom; and both in this manner and in portraiture, it appears, he found much employment, more especially at Oxford. In the chapel at Wadham College he painted his 'Children of Israel gathering Manna.' An altarpiece by him at Magdalen was praised by Addison; but Walpole speaks slightingly of a similar work at All Souls, which he attributes to him, though it is, in fact, by Thornhill. He also painted, in five large pictures, 'The Kings Escape after the Battle of Worcester.' They were presented to the Irish Parliament, and finally came into Lord Roden's possession. His own portrait of himself at Queen's College is a vulgar painting of a vulgar man, but not wanting in power and rich in colour. He etched a set of prints from his own designs, which have little merit. He died in Bloomsbury Square, July 17, 1672. He left a son, who was brought up to his art, and was clever but idle, and died young.

FULLER,, sculptor. Born in 1830, son of General Francis Fuller. At the age of 17 he entered the 14th Foot, and soon afterwards exchanged into the 12th Lancers. In 1853 he unexpectedly left the army, and going to Florence, placed himself under Hiram Powers, the American sculptor. In 1859 his works first appear in the Royal Academy Exhibition. In that year, 1860, and 1861 he sent some portrait busts in marble. In 1863 'Launcelot of the Lake' and 'Queen Guinevere,' in 1865 'Dalilah,' in 1867 'Europa, a marble statue,' in 1868 'The blind flower-girl of Pompeii.' Up to this time he had resided in Florence. In 1870 and 1871 he was in

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366 would not do, at least not unreservedly. Still the more to save his credit, he now insisted upon it. as a last point, that the agreement should be put in black and white, especially the security part. The other made no demur; pen, ink, and paper were provided, and grave as any notary the cosmopolitan sat down, but, ere taking the pen, glanced up at the notification, and said: "First down with that sign, barber—Timon's sign, there; down with it."

This, being in the agreement, was done—though a little reluctantly—with an eye to the future, the sign being carefully put away in a drawer.

"Now, then, for the writing," said the cosmopolitan, squaring himself. "Ah," with a sigh, "I shall make a poor lawyer, I fear. Ain't used, you see, barber, to a business which, ignoring the principle of honor, holds no nail fast till clinched. Strange, barber," taking up the blank paper, "that such flimsy stuff as this should make such strong hawsers; vile hawsers, too. Barber," starting up, "I won't put it in black and white. It were a reflection upon our joint honor. I will take your word, and you shall take mine."

"But your memory may be none of the best, sir. Well for you, on your side, to have it in black and white, just for a memorandum like, you know."

"That, indeed! Yes, and it would help your memory, too, wouldn't it, barber? Yours, on your side, being a little weak, too, I dare say. Ah, barber! how ingenious we human beings are; and how kindly we reciprocate each other's little delicacies, don't we? What better

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Rh with ornament and literally sparkling with jewels while the seats of the spectators were heavy with gold and silver embroidery, and the dresses of them that sat therein were extravagant in fantastic freak and reflected untold wealth. The presentation of rich prizes, distributed by the fairest in the land to the victorious competitors, completed the entertainment, and the night was spent in feast and dance.

Nevertheless, there must have been many long, dark evenings indoors between the months of November and February, when the dim lights in hall and bedroom made work impossible. Chess was still the favourite game with the upper classes, as it had been with their forefathers. The game was played for money, often for very high stakes, and it is no matter of surprise to learn that in those days of strong passions and lack of self-control feeling ran high, and the game gave rise to constant quarrels and hot disputings, ending not infrequently in bloodshed. The chessmen were elaborately carved and large enough to be formidable when hurled at an adversary in rage. Indeed, there is more than one instance in history of an opponent being brained with a chess-board, of knives being drawn


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96 and men slain in the heat of the game! Backgammon, under the name of "Tables," was played with double boards and dice, even as it is to-day, as also was the game of draughts, which came over from France under the name of "Dames." There was no card playing as yet, for cards were not introduced into England till quite the end of the fourteenth century, and they did not become universally popular till later, when chess went out of fashion.

Even during the playing of chess and draughts it was no uncommon thing for the domestic jester to enliven the family circle and for troops of jugglers, tumblers, rope-dancers, buffoons, with attendant apes and dogs, to crowd the hall in gay confusion. There was no privacy in those days. In public they ate and drank and talked and played and slept, in public they were punished for their crimes, both great and small. Thus a man would sit on the village green with his feet in the stocks; a scold would sit in the village street on the cuck-stool, to be derided by all who passed; a fraudulent baker or butcher would stand with hands and neck in the pillory, with his name writ large above him, while the disputed goods were burnt under his nose or hung round his


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Rh neck. Every village had its whipping-post, every town had its gallows for hanging, and public disgrace played a prominent part in the punishments of medieval times. The derision and scorn of the populace must have been hard to bear, however well it may have been deserved. But, after all, it must be noted that the lighter punishments fitted the crimes of those days, and were in some cases more wholesome than the solitary confinement of the modern prison. The heavier crimes were over-severely punished. From the days of Edward I. theft was punished with death in some form or another, and treason by hanging, drawing, and quartering. The low value set on life in the fourteenth century marks a strange contrast to that of the twentieth century, and it is instructive to mark the want of concern at the public death of a medieval criminal as though it were an everyday occurrence. On the other hand. Englishmen were revolted by the idea of the Inquisition, with its attendant tortures, that was making its way over the Continent at this time, and, though torture was used later as a means of extorting confession from the criminal, yet it is ever to the credit of our forefathers, in a rough and barbarous age, that they had


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98 the humanity and strength to stand out against the merciless and excruciating tortures which characterise the European punishments of these times.


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Rh proof, now, that we are kind, considerate fellows, with responsive fellow-feelings—eh, barber? But to business. Let me see. What's your name, barber?"

"William Cream, sir."

Pondering a moment, he began to write; and, after some corrections, leaned back, and read aloud the following :

"There, barber; will that do?"

"That will do," said the barber, " only now put down your name."

Both signatures being affixed, the question was started by the barber, who should have custody of the instrument; which point, however, he settled for himself, by proposing that both should go together to the captain,

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FUSELI,, R.A., history painter. Was born at Zurich. February 7, 1741. The second son of John Caspar Füessli, who was himself a painter of landscapes and portraits, a man of learning and a writer on art. Henry Fuseli was educated for the Church, took his M.A. degree and entered into holy orders in 1761, and it is recorded preached his first sermon at Zurich from St. Paul's text—'What will this babbler say?' His strong early predilection for art had probably only been stilled, yet he might have continued in the Church had he not united with his friend Lavater in exposing some peculation by the chief magistrate of the canton, who proved eventually too strong for him, and he was, with his friend, compelled to quit Zurich. Then he travelled, visiting several German cities, and at Berlin contributed eight designs to a work which was published there. He had, while pursuing his theological studies, among other acquirements, learnt English and read Shakespeare, whose 'Macbeth,' with 'Lady Mary Wortley Montagu's Letters,' he translated into German. He was induced by the British Minister to the Prussian Court to come to London, where he arrived at the close of the year 1765, his object being to promote some scheme of literary union between England and Germany. He first found employment in translating, occasionally making some designs for book illustration, and then accepted the office of tutor to travel with a nobleman's son, for which he was little suited, and soon resigned.

On his return to England in 1767, intending to devote himself to literature, he gained an introduction to Sir Joshua Reynolds; whose warm appreciation of his drawings induced him to devote himself at once to art. He was now nearly 26 years of age. He had not attained even the rudiments of his adopted profession, which require great application; but he looked to Italy as the source of all art inspiration, and set out for that country, arriving at Rome in the spring of 1770. There he studied earnestly from the antique, and from the works of Michael Angelo, whose great manner he appears to have followed, but not by devoting himself to that laborious attendance at the schools which is essential to excellence. He was absent nearly nine years from England. From Rome he sent to the Spring Gardens Exhibition, in 1775, 'Hubert and Prince Arthur;' in 1778, 'Caius Gracchus;' and in 1783, 'The Pangs of Mona.' Meanwhile, he had sent to the Royal Academy, in 1774, his 'Death of Cardinal Beaufort;' and in 1777, his 'Scene from Lady Macbeth.' He set off on his return in 1778, visited Zurich on his way, where he stayed some time with his father, and reached London early in 1779, having made both friends and a reputation in Italy.

In 1782 he exhibited his 'Nightmare,' which was multiplied by engravings, and soon became very popular, the publisher having, it is said, realised 600l. from the plate. Zealously following art, he did not abandon literature. He edited the English translation of Lavater's work on Physiognomy, and contributed an occasional paper to the 'Analytical Review.' In 1786 Boydell's scheme of the Shakespeare Gallery was set on foot. Fuseli's co-operation was thought important, and he entered warmly into the undertaking, painting no less than eight large and one small subject for the gallery. He was elected an associate of the Royal Academy in 1788, and a full member in 1790; and the same year married a discreet young woman, who had sat to him as a model. About this time he projected his own Milton Gallery. In this he persevered under some difficulties during nine years; and though assisted both by the purses and the influence of his friends, his scheme proved, when opened to the public in 1799, in a pecuniary sense at least, a sad failure; yet it was a great undertaking, comprising 47 pictures by his own hand, most of them of large dimensions.

His knowledge and literary attainments made him well fitted for the office of lecturer on painting; and to this post he was elected in 1799. He compiled twelve lectures: viz. on Ancient Art, on Modern Art, Invention (two), Composition, Chiaroscuro, Design, Colour (two), Proportions of the Human Frame, History Painting, and the Modern State of Art. These he delivered with great effect, and they have since been published. He vacated the office in 1804, when he was elected keeper of the Royal Academy, but was subsequently re-elected to the professorship by the suspension of the bye-laws of the Academy, which made the two offices incompatible; and he then produced three additional lectures, completing the above series. In 1802 he visited Paris, and collected some materials for a work on the art-treasures in the Louvre, which was not gone on with, probably interrupted by the outbreak of war; and in 1805 he prepared for publication an enlarged edition of Pilkington's 'Dictionary of Painters.' He had also commenced a 'History of Modern Art,' and had completed between 500 and 600 pages in manuscript, bringing his subject down to Michael Angelo; and he left many 163


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368 and give the document into his hands—the barber hinting that this would be a safe proceeding, because the captain was necessarily a party disinterested, and, what was more, could not, from the nature of the present case, make anything by a breach of trust. All of which was listened to with some surprise and concern.

"Why, barber," said the cosmopolitan, "this don't show the right spirit; for me, I have confidence in the captain purely because he is a man; but he shall have nothing to do with our affair; for if you have no confidence in me, barber, I have in you. There, keep the paper yourself," handing it magnanimously.

"Very good," said the barber, "and now nothing remains but for me to receive the cash."

Though the mention of that word, or any of its singularly numerous equivalents, in serious neighborhood to a requisition upon one's purse, is attended with a more or less noteworthy effect upon the human countenance, producing in many an abrupt fall of it—in others, a writhing and screwing up of the features to a point not undistressing to behold, in some, attended with a blank pallor and fatal consternation—yet no trace of any of these symptoms was visible upon the countenance of the cosmopolitan, notwithstanding nothing could be more sudden and unexpected than the barber's demand.

"You speak of cash, barber; pray in what connection?"

"In a nearer one, sir," answered the barber, less blandly, "than I thought the man with the sweet voice

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Rh stood, who wanted me to trust him once for a shave, on the score of being a sort of thirteenth cousin."

"Indeed, and what did you say to him?"

"I said, 'Thank you, sir, but I don't see the connection.' "

"How could you so unsweetly answer one with a sweet voice?"

"Because, I recalled what the son of Sirach says in the True Book: An enemy speaketh sweetly with his lips;' and so I did what the son of Sirach advises in such cases: 'I believed not his many words.' "

"What, barber, do you say that such cynical sort of things are in the True Book, by which, of course, you mean the Bible ?"

"Yes, and plenty more to the same effect. Read the Book of Proverbs."

"That's strange, now, barber; for I never happen to have met with those passages you cite. Before I go to bed this night, I'll inspect the Bible I saw on the cabin-table, to-day. But mind, you mustn't quote the True Book that way to people coming in here; it would be impliedly a violation of the contract. But you don't know how glad I feel that you have for one while signed off all that sort of thing."

"No, sir; not unless you down with the cash."

"Cash again! What do you mean?"

"Why, in this paper here, you engage, sir, to insure me against a certain loss, and—"

"Certain? Is it so certain you are going to lose ?"

"Why, that way of taking the word may not be

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370 amiss, but I didn't mean it so. I meant a certain loss; you understand, a loss; that is to say, a certain loss. Now then, sir, what use your mere writing and saying you will insure me, unless beforehand you place in my hands a money-pledge, sufficient to that end?"

"I see; the material pledge."

"Yes, and I will put it low.; say fifty dollars."

"Now what sort of a beginning is this? You, barber, for a given time engage to trust man, to put confidence in men, and, for your first step, make a demand implying no confidence in the very man you engage with. But fifty dollars is nothing, and I would let you have it cheerfully, only I unfortunately happen to have but little change with me just now." "But you have money in your trunk, though ?"

"To be sure. But you see—in fact, barber, you must be consistent. No, I won't let you have the money now; I won't let you violate the inmost spirit of our contract, that way. So good-night, and I will see you again."

"Stay, sir"—humming and hawing—"you have forgotten something."

"Handkerchief?—gloves? No, forgotten nothing. Good-night."

"Stay, sir—the—the shaving."

"Ah, I did forget that. But now that it strikes me, I shan't pay you at present. Look at your agreement; you must trust. Tut! against loss you hold the guarantee. Good-night, my dear barber."

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Rh With which words he sauntered off, leaving the barber in a maze, staring after.

But it holding true in fascination as in natural philosophy, that nothing can act where it is not, so the barber was not long now in being restored to his self-possession and senses; the first evidence of which perhaps was, that, drawing forth his notification from the drawer, he put it back where it belonged; while, as for the agreement, that he tore up; which he felt the more free to do from the impression that in all human probability he would never again see the person who had drawn it. Whether that impression proved well-founded or not, does not appear. But in after days, telling the night's adventure to his friends, the worthy barber always spoke of his queer customer as the man-charmer—as certain East Indians are called snake-charmers—and all his friends united in thinking him

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"" A phrase, we fancy, rather oftener used by the young, or the unlearned, or the untraveled, than by the old, or the well-read, or the man who has made the grand tour. Certainly, the sense of originality exists at its highest in an infant, and probably at its lowest in him who has completed the circle of the sciences.

As for original characters in fiction, a grateful reader will, on meeting with one, keep the anniversary of that day. True, we sometimes hear of an author who, at one creation, produces some two or three score such characters; it may be possible. But they can hardly be original in the sense that Hamlet is, or Don Quixote, or Milton's Satan. That is to say, they are not, in a thorough sense, original at all. They are novel, or singular, or striking, or captivating, or all four at once. More likely, they are what are called odd characters; but for that, are no more original, than what is called

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Rh an odd genius, in his way, is. But, if original, whence came they? Or where did the novelist pick them up?

Where does any novelist pick up any character? For the most part, in town, to be sure. Every great town is a kind of man-show, where the novelist goes for his stock, just as the agriculturist goes to the cattle-show for his. But in the one fair, new species of quadrupeds are hardly more rare, than in the other are new species of characters—that is, original ones. Their rarity may still the more appear from this, that, while characters, merely singular, imply but singular forms so to speak, original ones, truly so, imply original instincts.

In short, a due conception of what is to be held for this sort of personage in fiction would make him almost as much of a prodigy there, as in real history is a new law-giver, a revolutionizing philosopher, or the founder of a new religion.

In nearly all the original characters, loosely accounted such in works of invention, there is discernible something prevailingly local, or of the age; which circumstance, of itself, would seem to invalidate the claim, judged by the principles here suggested.

Furthermore, if we consider, what is popularly held to entitle characters in fiction to being deemed original, is but something personal—confined to itself. The character sheds not its characteristic on its surroundings, whereas, the original character, essentially such, is like a revolving Drummond light, raying away from itself

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374 all round it—everything is lit by it, everything starts up to it (mark how it is with Hamlet), so that, in certain minds, there follows upon the adequate conception of such a character, an effect, in its way, akin to that which in Genesis attends upon the beginning of things.

For much the same reason that there is but one planet to one orbit, so can there be but one such original character to one work of invention. Two would conflict to chaos. In this view, to say that there are more than one to a book, is good presumption there is none at all. But for new, singular, striking, odd, eccentric, and all sorts of entertaining and instructive characters, a good fiction may be full of them. To produce such characters, an author, beside other things, must have seen much, and seen through much: to produce but one original character, he must have had much luck.

There would seem but one point in common between this sort of phenomenon in fiction and all other sorts: it cannot be born in the author's imagination—it being as true in literature as in zoology, that all life is from the egg.

In the endeavor to show, if possible, the impropriety of the phrase, Quite an Original, as applied by the barber's friends, we have, at unawares, been led into a dissertation bordering upon the prosy, perhaps upon the smoky. If so, the best use the smoke can be turned to, will be, by retiring under cover of it, in good trim as may be, to the story.

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the middle of the gentlemen's cabin burned a solar lamp, swung from the ceiling, and whose shade of ground glass was all round fancifully variegated, in transparency, with the image of a horned altar, from which flames rose, alternate with the figure of a robed man, his head encircled by a halo. The light of this lamp, after dazzlingly striking on marble, snow-white and round—the slab of a centre-table beneath—on all sides went rippling off with ever-diminishing distinctness, till, like circles from a stone dropped in water, the rays died dimly away in the furthest nook of the place.

Here and there, true to their place, but not to their function, swung other lamps, barren planets, which had either gone out from exhaustion, or been extinguished by such occupants of berths as the light annoyed, or who wanted to sleep, not see.

By a perverse man, in a berth not remote, the remaining lamp would have been extinguished as well, had not a steward forbade, saying that the commands of the captain required it to be kept burning till the natural

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376 light of day should come to relieve it. This steward, who, like many in his vocation, was apt to be a little free-spoken at times, had been provoked by the man's pertinacity to remind him, not only of the sad consequences which might, upon occasion, ensue from the cabin being left in darkness, but, also, of the circumstance that, in a place full of strangers, to show one's self anxious to produce darkness there, such an anxiety was, to say the least, not becoming. So the lamp—last survivor of many—burned on, inwardly blessed by those in some berths, and inwardly execrated by those in others.

Keeping his lone vigils beneath his lone lamp, which lighted his book on- the table, sat a clean, comely, old man, his head snowy as the marble, and a countenance like that which imagination ascribes to good Simeon, when, having at last beheld the Master of Faith, he blessed him and departed in peace. From his hale look of greenness in winter, and his hands ingrained with the tan, less, apparently, of the present summer, than of accumulated ones past, the old man seemed a well-to-do farmer, happily dismissed, after a thrifty life of activity, from the fields to the fireside one of those who, at three-score-and-ten, are fresh-hearted as at fifteen; to whom seclusion gives a boon more blessed than knowledge, and at last sends them to heaven untainted by the world, because ignorant of it; just as a countryman putting up at a London inn, and never stirring out of it as a sight-seer, will leave London at last without once being lost in its fog, or soiled by its mud.

Redolent from the barber's shop, as any bridegroom

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Rh tripping to the bridal chamber might come, and by his look of cheeriness seeming to dispense a sort of morning through the night, in came the cosmopolitan; but marking the old man, and how he was occupied, he toned himself down, and trod softly, and took a seat on the other side of the table, and said nothing. Still, there was a kind of waiting expression about him.

"Sir," said the old man, after looking up puzzled at him a moment, "sir," said he, "one would think this was a coffee-house, and it was war-time, and I had a newspaper here with great news, and the only copy to be had, you sit there looking at me so eager."

"And so you have good news there, sir—the very best of good news."

"Too good to be true," here came from one of the curtained berths.

"Hark!" said the cosmopolitan. "Some one talks in his sleep."

"Yes," said the old man, "and you—you seem to be talking in a dream. Why speak you, sir, of news, and all that, when you must see this is a book I have here—the Bible, not a newspaper?"

"I know that; and when you are through with it—but not a moment sooner—I will thank you for it. It belongs to the boat, I believe—a present from a society."

"Oh, take it, take it !"

"Nay, sir, I did not mean to touch you at all. I simply stated the fact in explanation of my waiting here—nothing more. Read on, sir, or you will distress me."

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378 This courtesy was not without effect. Removing his spectacles, and saying he had about finished his chapter, the old man kindly presented the volume, which was received with thanks equally kind. After reading for some minutes, until his expression merged from attentiveness into seriousness, and from that into a kind of pain, the cosmopolitan slowly laid down the book, and turning to the old man, who thus far had been watching him with benign curiosity, said: "Can you, my aged friend, resolve me a doubt—a disturbing doubt?"

"There are doubts, sir," replied the old man, with a changed countenance, "there are doubts, sir, which, if man have them, it is not man that can solve them."

"True; but look, now, what my doubt is. I am one who thinks well of man. I love man. I have confidence in man. But what was told me not a half-hour since? I was told that I would find it written'—Believe not his many words—an enemy speaketh sweetly with his lips'—and also I was told that I would find a good deal more to the same effect, and all in this book. I could not think it; and, coming here to look for myself, what do I read? Not only just what was quoted, but also, as was engaged, more to the same purpose, such as this: 'With much communication he will tempt thee; he will smile upon thee, and speak thee fair, and say What wantest thou? If thou be for his profit he will use thee; he will make thee bear, and will not be sorry for it. Observe and take good heed. When thou nearest these things, awake in thy sleep.' "

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Rh "Who's that describing the confidence-man?" here came from the berth again.

"Awake in his sleep, sure enough, ain't he?" said the cosmopolitan, again looking off in surprise. "Same voice as before, ain't it? Strange sort of dreamy man, that. Which is his berth, pray?"

"Never mind him, sir," said the old man anxiously, "but tell me truly, did you, indeed, read from the book just now?"

"I did," with changed air, "and gall and wormwood it is to me, a truster in man; to me, a philanthropist."

"Why," moved, "you don't mean to say, that what you repeated is really down there? Man and boy, I have read the good book this seventy years, and don't remember seeing anything like that. Let me see it," rising earnestly, and going round to him. "There it is; and there—and there"—turning over the leaves, and pointing to the sentences one by one; "there—all down in the 'Wisdom of Jesus, the Son of Sirach.' "

"Ah!" cried the old man, brightening up, "now I know. Look," turning the leaves forward and back, till all the Old Testament lay flat on one side, and all the New Testament flat on the other, while in his fingers he supported vertically the portion between, "look, sir, all this to the right is certain truth, and all this to the left is certain truth, but all I hold in my hand here is apocrypha."

"Apocrypha?"

"Yes; and there's the word in black and white,'

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380 pointing to it. "And what says the word? It says as much as 'not warranted;' for what do college men say of anything of that sort? They say it is apocryphal. The word itself, I've heard from the pulpit, implies something of uncertain credit. So if your disturbance be raised from aught in this apocrypha," again taking up the pages, "in that case, think no more of it, for it's apocrypha."

"What's that about the Apocalypse?" here, a third time, came from the berth.

"He's seeing visions now, ain't he?" said the cosmopolitan, once more looking in the direction of the interruption. "But, sir," resuming, "I cannot tell you how thankful I am for your reminding me about the apocrypha here. For the moment, its being such escaped me. Fact is, when all is bound up together, it's sometimes confusing. The uncanonical part should be bound distinct. And, now that I think of it, how well did those learned doctors who rejected for us this whole book of Sirach. I never read anything so calculated to destroy man's confidence in man. This son of Sirach even says—I saw it but just now: 'Take heed of thy friends;' not, observe, thy seeming friends, thy hypocritical friends, thy false friends, but thy friends, thy real friends—that is to say, not the truest friend in the world is to be implicitly trusted. Can Rochefoucault equal that? I should not wonder if his view of human nature, like Machiavelli's, was taken from this Son of Sirach. And to call it wisdom—the Wisdom of the Son of Sirach! Wisdom, indeed! What an ugly thing wisdom must

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Rh be! Give me the folly that dimples the cheek, say I, rather than the wisdom that curdles the blood. But no, no; it ain't wisdom; it's apocrypha, as you say, sir. For how can that be trustworthy that teaches distrust?"

"I tell you what it is," here cried the same voice as before, only more in less of mockery, "if you two don't know enough to sleep, don't be keeping wiser men awake. And if you want to know what wisdom is, go find it under your blankets."

"Wisdom?" cried another voice with a brogue; "arrah, and is't wisdom the two geese are gabbling about all this while? To bed with ye, ye divils, and don't be after burning your fingers with the likes of wisdom.

"We must talk lower," said the old man; "I fear we have annoyed these good people."

"I should be sorry if wisdom annoyed any one," said the other; "but we will lower our voices, as you say. To resume: taking the thing as I did, can you be surprised at my uneasiness in reading passages so charged with the spirit of distrust?"

"No, sir, I am not surprised," said the old man; then added: "from what you say, I see you are something of my way of thinking—you think that to distrust the creature, is a kind of distrusting of the Creator. Well, my young friend, what is it? This is rather late for you to be about. What do you want of me?"

These questions were put to a boy in the fragment of an old linen coat, bedraggled and yellow, who, coming

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382 in from the deck barefooted on the soft carpet, had been unheard. All pointed and fluttering, the rags of the little fellow's red-flannel shirt, mixed with those of his yellow coat, flamed about him like the painted flames in the robes of a victim in auto-da-fe. His face, too, wore such a polish of seasoned grime, that his sloe-eyes sparkled from out it like lustrous sparks in fresh coal. He was a juvenile peddler, or marchand, as the polite French might have called him, of travelers' conveniences; and, having no allotted sleeping-place, had, in his wanderings about the boat, spied, through glass doors, the two in the cabin; and, late though it was, thought it might never be too much so for turning a penny.

Among other things, he carried a curious affair—a miniature mahogany door, hinged to its frame, and suit ably furnished in all respects but one, which will shortly appear. This little door he now meaningly held before the old man, who, after staring at it a while, said: "Go thy ways with thy toys, child."

"Now, may I never get so old and wise as that comes to," laughed the boy through his grime; and, by so doing, disclosing leopard-like teeth, like those of Murillo's wild beggar-boy's.

"The divils are laughing now, are they?" here came the brogue from the berth. "What do the divils find to laugh about in wisdom, begorrah? To bed with ye, ye divils, and no more of ye."

"You see, child, you have disturbed that person," said the old man; "you mustn't laugh any more."

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2000 Compilation—

Presidential Documents

PROCLAMATIONS Proclamation 7263 of January 11, 2000

Establishment of the Agua Fria National Monument

By the President of the United States of America

A Proclamation The windswept, grassy mesas and formidable canyons of Agua Fria Na- tional Monument embrace an extraordinary array of scientific and historic resources. The ancient ruins within the monument, with their breathtaking vistas and spectacular petroglyphs, provide a link to the past, offering in- sights into the lives of the peoples who once inhabited this part of the desert Southwest. The area's architectural features and artifacts are tangible objects that can help researchers reconstruct the human past. Such objects and, more importantly, the spatial relationships among them, provide out- standing opportunities for archeologists to study the way humans interacted with one another, neighboring groups, and with the environment that sustained them in prehistoric times.

The monument contains one of the most significant systems of late pre- historic sites in the American Southwest. Between A.D. 1250 and 1450, its pueblo communities were populated by up to several thousand people. During this time, many dwelling locations in the Southwest were aban- doned and groups became aggregated in a relatively small number of dense- ly populated areas. The monument encompasses one of the best examples of these areas, containing important archeologica] evidence that is crucial to understanding the cultural, social, and economic processes that accom- panied this period of significant change.

At least 450 prehistoric sites are known to exist within the monument and there are likely many more. There are at least four major settlements within the area, including Pueblo La Plata, Pueblo Pato, the Baby Canyon Ruin group, and the Lousy Canyon group. These consist of clusters of stone-ma- 1