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 number; which is clearly absurd. Hence the relative velocity of the two systems is less than c, since v = c obviously leads to an absurdity.

This conclusion concerning the maximum velocity of a material body brings up important considerations concerning the essential nature of mass and material things. How shall we conceive of matter so that it should have this astonishing property?

In the present state of science any answer to this question must necessarily be of a speculative nature; but it is probably worth while to mention briefly a theory of mass which is consistent with the existence of a maximum velocity for a material body.

Let us suppose that the mass of a piece of matter is due to a kind of strain in the ether, and that this strain is principally localized in a relatively small portion of space, but that from this center of localization there go out to infinity in all directions lines of strain which belong essentially to the piece of matter. (We make no assumption as to how this strain is set up; it may be due largely or entirely to the motion of electrons in the molecules of the matter.) Suppose that these lines of strain, except in the immediate neighborhood of the center of localization, are of such nature as to escape detection by our usual methods. Suppose further that when the piece of matter is moved, that is, when the center of localization is displaced, these lines of strain have a corresponding displacement, but that the ether of space resists this displacement, the degree of resistance depending on the velocity.

If the mass of matter is due to such a strain in the ether it is natural to suppose that mass is a measure of the amount of that strain. But, on our present hypothesis, we see that when matter is moved through space there is an increase of the strain on the ether due to such motion. This manifests itself to us in the way of an increase in the mass of the given piece of matter.

Moreover, when the body is in motion it is natural to suppose that these lines of strain are not distributed evenly in all directions. On account of this fact it would not be a matter for surprise if the mass of a moving body were different in different directions.

It thus appears that appropriate hypotheses (which have nothing in them inherently unnatural) would lead us to expect the same descriptive properties of mass as those which are actually found to exist if one accepts the postulates of relativity. Hence we conclude that there is nothing a priori improbable in the conclusions of relativity concerning the nature of mass. Therefore if we find satisfactory grounds for accepting the initial postulates of relativity, we shall not throw them overboard because of the strange conclusions concerning mass to which they have led us.

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IX. Absolute Rest. Absolute Position in Space.
To any one who has examined critically the foundations of the theory of relativity it has certainly become apparent that the unexpected conclusions to which one is led concerning the relations of systems of reference is intimately connected with the point of view which the observer on each system takes in making his measurements. Each observer assumes his system to be at rest; and there seems to be no reason for preferring one assumption to the other or for replacing both of them by a third.

If, however, there were such a thing as absolute rest, or absolute position in space, the matter would be different. Each observer should reckon his velocity relative to that absolute; and the reason for divergence which existed before would no longer be found. We should, however, find it necessary to revise many of our "laws of nature," among them the postulates of relativity, if these laws are to be stated with reference to an absolute.

Since it appears to the present writer that absolute rest and absolute position are indefinable, this matter will be dismissed without further consideration.

X. Relation of the Theory of Relativity to the Philosophical Controversy concerning the One and the Many.
The author is probably due the reader an apology for injecting into this paper any remarks concerning the abstruse and difficult question as to whether the universe is monistic or pluralistic — a question which has engaged philosophers from the time of the earliest Greek thinkers down to our own day. But if any one of the special sciences has some light to throw on a question of such profound general importance it seems desirable that those engaged in the study of that science should make it known.

If we accept the statement of one of the most eminent philosophers of our day that the universe is one to us in so far (and only in so far) as we know the connections by which it is bound into a One, it will doubtless be interesting to us to examine in what way the theory of relativity leads us to observe new connections. To speak briefly of these is my purpose in the present section.

I. We have already seen that time is not something apart from one who measures it and the system to which he belongs, and that (so far as we are concerned, at least) there is an intimate interlocking of time and space in an essential manner so that we are not able absolutely to extricate the one from the other. That is to say, there is a mutual interdependence of space and time for us who measure them so that we have

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 to consider them not as mutually exclusive "forms" of thought but as parts of a larger matrix, a sort of four-dimensional continuum, which at once includes both of them and binds them into a unity higher than that of either of them.

2. The theorem which we stated in section III. concerning units of length in the line of relative motion of two systems of reference not at rest relative to each other leads to the conclusion that when a material body is set in motion it undergoes a shortening in the direction of the line of motion and that this deformation takes place as it were automatically without the expenditure of work. This brings to light a very peculiar connection between material bodies and the "empty space" in which they lie or through which they move. Compare the discussion of mass in section VIII.

3. In the classical mechanics the mass of a body is an invariable quantity. In particular, it is independent of the velocity with which the body moves. Its measure is the same in whatever direction it is measured. In section III. we have already seen that none of these statements are true in the theory of relativity. The mass of a body is intimately connected with the absolute value of the velocity with which it moves relative to a system of reference and also (what is stranger still) with the direction in which the mass is measured relative to the direction of motion of the body.

4. It may also be shown that the measure of gravitation depends in a similar way on the motion of the system on which it is measured.

5. Again, the total amount of energy which a body possesses is a simple linear function of its transverse mass, so that energy and mass are connected in a most intimate manner. In fact, changes in energy and changes in transverse mass are proportional, the factor of proportionality being the square of the velocity of light.

Thus we have enumerated several important and striking connections, brought to light by the theory of relativity, where we have heretofore supposed that there were no connections whatever. If we look at these a little more closely we shall be able to perceive a still more profound connection underlying those which we have already mentioned. A material body in motion has kinetic energy. The connections which we treated depend on relative motion. It is then not far to the conclusion that these connections depend essentially on the energy which is involved in this relative motion. Thus all the interlocking relations mentioned might be thought of as due to the energy states involved in the several cases.

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 This idea seems to me to be one fruitful of important conclusions; but it cannot be taken up in detail at this place.

Less abstruse connections than those mentioned above are also being brought to light. Of these one only will be considered. Page has shown how, on the basis of the theory of relativity, the fundamental relations of electrodynamics may be derived from those of electrostatics. That is to say, where in the classical theory we have the two subjects of electrostatics and electrodynamics to be developed separately we have in the theory of relativity the single subject which is the synthesis of these two. This synthesis is of an essential nature; it is not a juxtaposition of things which belong apart, but a real unifying of two formerly distinct subjects into one larger and unseparated whole.

This may be taken as a special case of the way in which the theory of relativity enables us to obtain the laws of a moving system from those of a system at rest. The further development of this branch of the subject, one would believe, will lead to important results.

In this way it is obvious that the theory of relativity will introduce a much greater unity into physical science; the value of such a unifying factor can hardly be overestimated.

From the foregoing considerations we conclude finally that the theory of relativity has already made and is yet making important contributions toward the great philosophical problem concerning the one and the many.

XI. On the Nature and Possibility of Experimental Proof of the Theory of Relativity.
There are at least two ways in which it may be possible to demonstrate experimentally the accuracy of the theory of relativity.

The first one consists in the direct proof by experiment of the postulates on which the theory is based. These proved, the whole theory then follows by logical processes alone. In my first paper referred to above I have already given a sufficient discussion of this method.

A second method would be as follows: Among the consequences of the theory of relativity seek out one which has the property that if it is assumed the postulates of relativity may themselves be then deduced by logical processes alone. If then this assumption is proved experimentally this is sufficient to establish the postulates of relativity, and hence the whole theory. Or, one may find such experimental results as lead to all the essential conclusions of relativity, whence one naturally concludes to the accuracy of the whole theory. A discussion of proofs of this kind is to be found in my second paper referred to above.

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 This indirect method of proof is open to an objection of a kind which does not obtain in the case of the direct method previously mentioned. In the indirect method some auxiliary law, as for instance the law of conservation of electricity, must usually be employed in deducing the relativity postulates or essential conclusions from the new assumption which one attempts to justify by experiment. There is always the possibility that the auxiliary law is itself wrong; and consequently one's confidence in the accuracy of the relativity postulates as thus deduced can be no stronger than that in the truth of the auxiliary law. The same objection can also be raised against many conclusions which we are accustomed to accept with confidence.

To many persons it appears that the first method of proof mentioned above has been carried out successfully and satisfactorily. But if one does not share this opinion it is still legitimate to accept the theory of relativity as a working hypothesis, to be proved or disproved by future experiment. It is an historical fact, patent to every student of scientific progress, that many of our fundamental laws have been accepted just in this way. Take, for instance, the law of conservation of energy. There is no experimental demonstration of this law; and in the very nature of things it is hard to see how there could be. On the other hand, it is at variance with no known experimental fact. Moreover, it furnishes us a very valuable means of systematizing our known facts and representing them to our minds as an ordered whole. In other words, it is the most convenient hypothesis to make in the face of the phenomena which we have observed. Similarly, even if one does not believe that the theory of relativity has been conclusively demonstrated, should he not accept that theory (tentatively at least) provided it furnishes him with the most convenient means of representing external phenomena to his mind?

Finally, it should be said that every supposed proof of the theory of relativity is of such character that objections can be raised to it; likewise, every supposed disproof of the theory is in the same state. In the mean time, though we cannot accept the theory with all confidence, we can at least use its conclusions to suggest experiments which otherwise would not have been conceived. Therefore, whether true or false, the theory will be useful in the advancement of science. On this account, if on no other, it should appeal to every person interested in scientific progress.

 * November, 1912.
 * November, 1912.

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Author talk:Jacques Collin de Plancy

There's nothing here.

Thanks for noting that, I added a note on that and removed the link at the wikipedia article. cygnis insignis 14:13, 11 January 2011 (UTC)

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 Rh "Oh!" cried Harriet, "I cannot bear the thought of what the poor little creatures must suffer."

"Well," said Edward, "since you feel so much for them, I think, Harriet, you will make the best nurse. What say you, Lucy, will you give the nests to Harriet?"

"With all my heart," replied his sister; "and pray do not plague me with any more of them."

"I do not know that my mamma will let me accept them," said Harriet; "but if she will, I shall be glad to do so."

Frederick inquired what birds they were, and Edward informed him there was a nest of linnets, a nest of sparrows, and another of blackbirds. Frederick was all impatience to see them, and Harriet longed to have the little creatures in her possession, that she might rescue them from their deplorable condition, and lessen the evils of captivity which they now suffered.

Her mamma had left her with her young companions, that they might indulge themselves in innocent amusements without restraint; but the tender-hearted Harriet could not engage in any play till she had made intercession in behalf of the poor birds; she therefore begged Lucy would accompany her to her mamma, in order to ask permission to have the birds'

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 ADDRESS TO THE FOLK-LORE SOCIETY.

1889-90.

ADIES AND GENTLEMEN,—Before making the usual remarks on the position and prospects of Folk-lore, I ought, I think, to read you a letter just received from the Secretary of the French Society akin to our own, M. Paul Sébillot

“Ministère des Travaux Publics, Cabinet du Ministre.

“Paris, le 19 Nov. 1889.

“,—Au nom de la Société des Traditions populaires, je viens adresser à Folk-lore Society, à l'occasion de son meeting annuel, tous nos vœux pour la continuation de sa prosperité.

“Votre Société, dont beaucoup de membres font en même temps partie de la nôtre, apprendra sans doute avec plaisir que le nombre de nos Sociétaires dépasse trois cents, et qu’ainsi son existence est assurée. L’hiver prochain, nous allons pouvoir tenir des Assemblées périodiques, dans lesquelles seront discutés les problèmes qui intéressent le Folk- lore, et à côté de notre Revue, et sans en diminuer l’importance, nous allons fonder la Bibliothèque de Ma Mère l’Oye.

“Dans l’avant-dernier numéro de la Revue, vous avez pu voir qu’à notre tour nous abordons la ‘tabulation’ des Contes et des Légendes. La Revue des Traditions populaires est ouverte à ceux des membres de Folk-lore Society qui désireraient discuter cette importante question. A la fin du Congrès des Traditions populaires tenu à Paris, les deux vœux suivants ont été adoptés, sur la proposition de M. Henri Cordier:—

“ ‘1º. Adopter d’une façon générale la classification de Folk-lore Society, en donnant moins d’importance au sommaire et en subdivisant l’index alphabétique des incidents en : personnages, animaux, lieux, incidents des objets, etc.; au point de vue pratique rédiger les tables par fiches en prenant, par exemple, pour modèle la Bibliotheca belgica, de Van der Hagen, afin que des échanges puissent être faits entre les différentes sociétés folk-loriques.

“ ‘2º. Le Congrès des Traditions populaires, réuni pour la première


text: Cartoon portraits and biographical sketches of men of the day/Andrew Halliday


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 THE RIDDLES OF SOLOMON IN RABBINIC LITERATURE.

HE place which the Solomon Riddles occupy in the literature of almost every nation suggested to me that the publication of a previously inedited Hebrew text on the subject, with an English translation and a few introductory and explanatory remarks, will not be without interest to the readers of.

As to the Hebrew text, it is edited for the first time from the Midrash Hachephez, existing only in Yemen MSS., of which the British Museum has four copies, bearing the press marks Oriental 2351 and Or. 2380-82. Our copy is prepared from Or. 2382. The MSS. vary very little, and the only essential variation we found we have inserted in its place. The Bodleian (see Dr. Neubauer’s Catalogue, No. 2492) and the Royal Library in Berlin also possess copies of this Midrash. In the catalogue of the latter, by Dr. Steinschneider, p. 71, a full description is given of this work, and we see there that its compiler, Yachya Ben Sulieman, wrote as late as 1430. The new version of the Riddles, which we give here, would accordingly have no claim to any great antiquity. But, on the other hand, it has been proved already, at least with regard to other Midrashic collections coming from Yemen, that the Jews in this country were, up to a comparatively late date, in possession of very ancient Rabbinic sources, which had long before disappeared among their coreligionists in Europe. Thus the late age of the compiler would not prove much against the antiquity of his version of the legend.

Now, it is true that that part of the Rabbinic literature in which the Solomon Riddles are mentioned at all, as the


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 PEEPING TOM AND LADY GODIVA.

N an article which appeared in one of the later numbers of the Archæological Review, I discussed at some length the stories of midwives who have assisted lady fairies in the hour of their need. The chief points of interest were the necessity for human help, the danger of accepting fairy food, the gratitude of these supernatural beings, and the conditions involved in the acceptance of their gifts. There remains, however, another class of tale similar in its general tenor to these, but wherein we are led by a new turning-point to a different catastrophe. The plot no longer hinges upon fairy gratitude, but upon human curiosity and disobedience.

The typical tale is told, and exceedingly well told—though, alas! not exactly in the language of the natives—by Mrs. Bray in her Letters to Southey, of a certain midwife of Tavistock. One midnight, as she was getting into bed, this good woman was summoned by a strange, squint-eyed, little, ugly old fellow to follow him straightway, and attend upon his wife. In spite of her instinctive repulsion she could not resist the command; and in a moment the little man whisked her, with himself, upon a large coal-black horse with eyes of fire, which stood waiting at the door. Ere long she found herself at the door of a neat cottage; the patient was a decent-looking woman who already had two children, and all things were prepared for her visit. When the child—a fine, bouncing babe—was born, its mother gave the midwife some ointment, with directions to “strike the child’s eyes with it”. Now the word strike in the Devonshire dialect means not to give a blow, but to rub, or touch, gently; and as the woman obeyed she thought


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 208 the task an odd one, and in her curiosity tried the effect of the ointment upon one of her own eyes. At once a change was wrought in the appearance of everything around her. The new mother appeared no longer as a homely cottager, but a beautiful lady attired in white; the babe, fairer than before, but still witnessing with the elvish cast of its eye to its paternity, was wrapped in swaddling clothes of silvery gauze; while the elder children, who sat on either side of the bed, were transformed into flat-nosed imps, who with mops and mows were busied to no end in scratching their own polls, or in pulling the fairy lady’s ears with their long and hairy paws. The nurse, discreetly silent about what she had done and the wonderful metamorphoses she beheld around her, got away from the house of enchantment as quickly as she could; and the sour-looking old fellow who had brought her carried her back on his steed much faster than they had come. But the next market-day, when she sallied forth to sell her eggs, whom should she see but the same ill-looking scoundrel busied in pilfering sundry articles from stall to stall. So she went up to him, and with a nonchalant air addressed him, inquiring after his wife and child, who, she hoped, were both as well as could be expected. “What!” exclaimed the old pixy thief, “do you see me to-day?” “See you! to be sure I do, as plain as I see the sun in the skies; and I see you are busy into the bargain,” she replied. “Do you so?” cried he; “pray, with which eye do you see all this?” “With the right eye, to be sure.” “The ointment! the ointment!” exclaimed the old fellow; “take that for meddling with what did not belong to you: you shall see me no more.” He struck her eye as he spoke, and from that hour till the day of her death she was blind on the right side, thus dearly paying for having gratified an idle curiosity in the house of a pixy.

The earliest writer who mentions a story of this type is Gervase of Tilbury, Marshal of the kingdom of Arles, who wrote about the beginning of the thirteenth century. He


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 210 woman’s apron. The fairy instantly turned round and tore out her eye. “Thieves!” bawled another on a similar occasion, with the same result. In a Cornish tale a woman is entrusted in her own house with the care of an elf-child. The child brought remarkable prosperity to the house, and his foster-mother grew very fond of him. Finding that a certain water in which she was required to wash his face made it very bright, she determined to try it on her own, and splashed some of it into her eye. This conferred the gift of seeing the little people, who played with her boy, but had hitherto been invisible to her; and one day she was surprised to meet her nursling’s father in the market stealing. Recognition followed, and the stranger exclaimed:

From that hour she was blind in the right eye. When she got home the boy was gone; and she and her husband, who had once been so happy, became poor and wretched.

Here poverty and wretchedness, as well as the loss of an eye, were inflicted. In a Northumbrian case the foster-parent lost his charge and both eyes. So in a story from Guernsey, the midwife, on the Saturday following her attendance on the lady, meets the husband and father in a shop filling his basket to right and left. She at once comprehends the plenty that reigned in his mysterious dwelling. “Ah, you wicked thief, I see you!” she cried. “You see me; how?” he inquired. “With my eyes,” she replied. “In that case I will soon put you out of power to play the spy,” he answered. So saying, he spat in her face, and she


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 Rh became blind on the spot. A Danish story also relates that a midwife, who had inadvertently anointed her eyes with the salve handed to her by the elf-folk for the usual purpose, was going home afterwards and passed by a ryefield. The field was swarming with elves, who were busy clipping off the ears of rye. Indignantly she cried out, “What are you doing there?” The little people thronged round her, and angrily answered: “If thou canst see us, thus shalt thou be served;” and suiting the action to the word, they put out her eyes.

Human beings, however, betray their meddling with fairy ointment in other ways than by speech. The following curious story was related as current at his native place, by Dr. Carré of St. Jacut-dela-Mer, to M. Sébillot. A fisherman from St. Jacut was the last to return one evening at dusk from the scene of his labours; and as he walked along the wet sand of the seashore, he suddenly came upon a number of sea-fairies in a cavern, talking and gesticulating with vivacity, though he could not hear what they said. He beheld them rub their eyes and bodies with a sort of pomade, when, lo! their appearance changed, and they were enabled to walk away in the guise of ordinary women. Hiding carefully behind a large rock, he watched them out of sight; and then, impelled by curiosity, he made straight for the cave. There he found what was left of the pomade, and taking a little on his finger, he smeared it around his left eye. By this means he found himself able to penetrate the various disguises assumed by the fairies for the purpose of robbing or annoying mankind. He recognised as one of that mischievous race a beggar-woman whom he saw a few days afterwards going from door to door demanding charity. He saw her casting spells on certain houses, and peering eagerly into all, as if she were


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 212 seeking for something to steal. He distinguished, too, when out in his boat, fish which were real fish from fish which were in reality “ladies of the sea”, employed in entangling the nets and playing other tricks upon the seamen. Attending the fair of Ploubalay, he saw several elves who had assumed the shapes of fortune-tellers, showmen, or gamblers, to deceive the country folk; and this permitted him to keep clear of their temptations. But as he smiled to himself at what was going on around him, some of the elves, who were exhibiting themselves on a platform in front of one of the booths, caught sight of him; and he saw by the anger in their looks that they had divined his secret. Before he had time to fly, one of them, with the rapidity of an arrow, struck his clairvoyant eye with a stick and burst it. That is what happened to him who would learn the secrets of the sea-fairies.

Such was the punishment of curiosity; nor is it by fairies alone that curiosity is punished. Cranmere Pool on Dartmoor is, we are told, a great penal settlement for refractory spirits. Many of the former inhabitants of the parish are supposed to be still there expiating their ghostly pranks. Of the spirit of one old farmer it is related that it took seven clergymen to secure him. They, however, succeeded at last in transferring him into a colt, which was given in charge to a servant-boy with directions to take him to Cranmere Pool, and there on the brink of the pool to slip off the halter and return instantly without looking round. He did look round, in spite of the warning, and beheld the colt in the form of a ball of fire plunge into the water. But as the mysterious beast plunged he gave the lad a parting kick, which knocked out one of his eyes, just as the Calender was deprived of his eye in the Arabian Nights. Still worse was the fate that overtook a woman, who, at midnight on New Year’s Eve, when all water is turned into wine, was foolhardy enough to go to a well. As she bent over it to draw, one came and plucked out her eye, saying:


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 Rh

A variant of the story relates that the woman herself disappeared, and gives the rhyme as

It is thus obviously a common belief that supernatural beings, without distinction, dislike being watched, and are only willing to be manifested to humanity at their own pleasure and for their own purposes. In the stories of the magical ointment it is not so much the theft as the contravention of the implicit prohibition against prying into fairy business that rouses elfin anger. This will appear more clearly from the fuller consideration of cases like those mentioned in the last paragraph, in which punishment follows directly upon the act of spying. In Northamptonshire, we learn that a man whose house was frequented by fairies, and who had received many favours from them, became smitten with a violent desire to behold his invisible benefactors. Accordingly, he one night stationed himself behind a knot in the door, which divided the living-room of his cottage from the sleeping-apartment. True to their custom, the elves came to disport themselves on his carefully-swept hearth, and to render to the household their usual good offices. But no sooner had the man glanced upon them than he became blind; and so provoked were the fairies at this breach of hospitality that they deserted his dwelling, and never more returned to it. In Southern Germany and Switzerland, a mysterious lady known as Dame Berchta is reputed to be abroad on Twelfth Night. She is doubtless the relic of a heathen goddess, one of whose attributes was to be a leader of the souls of the dead, and as such she is followed by a band of


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 Rh professes to have himself met with a woman of Arles, who was one day washing clothes on the banks of the Rhone, when a wooden bowl floated by her. In trying to catch it she got out of her depth, and was seized by a Drac. The Dracs were beings who haunted the waters of rivers, and dwelt in the deep pools, appearing often on the banks and in the towns in human form. The woman in question was carried down beneath the stream, and made nurse to her captor’s son. One day the Drac gave her an eel pasty to eat. Her fingers became greasy with the fat, and she happened to put them to one of her eyes. Forthwith she acquired a clear and distinct vision under the water. After some years she was allowed to return to her husband and family, and going early one morning to the market-place of Beaucaire, she met the Drac. Recognising him at once, she saluted him and asked after the health of his wife and child. “With which eye do you see me?” inquired the Drac. The woman pointed to the eye she had touched with the eel-fat; and thrusting his finger into it, the Drac vanished from sight.

Here the only punishment suffered is the deprivation of the power of seeing fairies, or banishment from their society. This seems mild enough: much more was generally inflicted. The story first quoted relates what seems to be the ordinary form of vengeance for disregard of the prohibition to use the fairy eye-salve, namely, loss of sight in the offending eye. Spitting or striking is usually the means adopted by the elves to effect this end. Sometimes, however, the eye is torn from its socket. Whether there is much to choose between these different ways of undergoing the punishment is doubtful; but it should be noted that the last-mentioned mode is a favourite one in Brittany, and follows not so much on recognition as on denunciation by the virtuous mortal of the elf’s thieving propensities. “See what thieves these fairies are!” cried a woman who watched one of them putting her hand into the pocket of a country


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1848] answer fully, fairly, and candidly. Let him answer with facts and not with arguments. Let him remember he sits where Washington sat, and so remembering, let him answer as Washington would answer. As a nation should not, and the Almighty will not, be evaded, so let him attempt no evasion—no equivocation. And, if, so answering, he can show that the soil was ours where the first blood of the war was shed,—that it was not within an inhabited country, or, if within such, that the inhabitants had submitted themselves to the civil authority of Texas or of the United States, and that the same is true of the site of Fort Brown,—then I am with him for his justification. In that case I shall be most happy to reverse the vote I gave the other day. I have a selfish motive for desiring that the President may do this—I expect to gain some votes, in connection with the war, which, without his so doing, will be of doubtful propriety in my own judgment, but which will be free from the doubt if he does so. But if he can not or will not do this,—if on any pretense or no pretense he shall refuse or omit it—then I shall be fully convinced of what I more than suspect already—that he is deeply conscious of being in the wrong; that he feels the blood of this war, like the blood of Abel, is crying to Heaven against him; that originally having some strong motive—what, I will not stop now to give my opinion concerning—to involve the two countries in a war, and trusting to escape scrutiny by fixing the public gaze upon the exceeding brightness of military glory,—that attractive rainbow that rises in showers of blood—that serpent's eye that charms to destroy,—he plunged into it, and has swept on


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130 and on till, disappointed in his calculation of the ease with which Mexico might be subdued, he now finds himself he knows not where. How like the half-insane mumbling of a fever dream is the whole war part of his late message! At one time telling us that Mexico has nothing whatever that we can get but territory; at another showing us how we can support the war by levying contributions on Mexico. At one time urging the national honor, the security of the future, the prevention of foreign interference, and even the good of Mexico herself as among the objects of the war; at another telling us that "to reject indemnity, by refusing to accept a cession of territory, would be to abandon all our just demands, and to wage the war bearing all its expenses, without a purpose or definite object." So then this national honor, security of the future, and everything but territorial indemnity may be considered the no-purposes and indefinite objects of the war! But, having it now settled that territorial indemnity is the only object, we are urged to seize, by legislation here, all that he was content to take a few months ago, and the whole province of Lower California to boot, and to still carry on the war—to take all we are fighting for, and still fight on. Again, the President is resolved under all circumstances to have full territorial indemnity for the expenses of the war; but he forgets to tell us how we are to get the excess after those expenses shall have surpassed the value of the whole of the Mexican territory. So again, he insists that the separate national existence of Mexico shall be maintained; but he does not tell us how this can be done, after we shall have taken all her territory. Lest the questions I


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1848] have suggested be considered speculative merely, let me be indulged a moment in trying to show they are not. The war has gone on some twenty months; for the expenses of which, together with an inconsiderable old score, the President now claims about one half of the Mexican territory, and that by far the better half, so far as concerns our ability to make anything out of it. It is comparatively uninhabited; so that we could establish land offices in it, and raise some money in that way. But the other half is already inhabited, as I understand it, tolerably densely for the nature of the country, and all its lands, or all that are valuable, already appropriated as private property. How then are we to make anything out of these lands with this encumbrance on them? or how remove the encumbrance? I suppose no one would say we should kill the people, or drive them out, or make slaves of them; or confiscate their property. How, then, can we make much out of this part of the territory? If the prosecution of the war has in expenses already equaled the better half of the country, how long its future prosecution will be in equaling the less valuable half is not a speculative, but a practical, question, pressing closely upon us. And yet it is a question which the President seems never to have thought of. As to the mode of terminating the war and securing peace, the President is equally wandering and indefinite. First, it is to be done by a more vigorous prosecution of the war in the vital parts of the enemy's country; and after apparently talking himself tired on this point, the President drops down into a half-despairing tone, and tells us that "with a people distracted and divided by contending factions, and a


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132 subject to constant changes by successive revolutions, the continued success of our arms may fail to secure a satisfactory peace." Then he suggests the propriety of wheedling the Mexican people to desert the counsels of their own leaders, and, trusting in our protestations, to set up a government from which we can secure a satisfactory peace; telling us that "this may become the only mode of obtaining such a peace." But soon he falls into doubt of this too; and then drops back onto the already half-abandoned ground of "more vigorous prosecution." All this shows that the President is in nowise satisfied with his own positions. First he takes up one, and in attempting to argue us into it he argues himself out of it, then seizes another and goes through the same process, and then, confused at being able to think of nothing new, he snatches up the old one again, which he has some time before cast off. His mind, taxed beyond its power, is running hither and thither, like some tortured creature on a burning surface, finding no position on which it can settle down to be at ease.

Again, it is a singular omission in this message that it nowhere intimates when the President expects the war to terminate. At its beginning, General Scott was by this same President driven into disfavor, if not disgrace, for intimating that peace could not be conquered in less than three or four months. But now, at the end of about twenty months, during which time our arms have given us the most splendid successes, every department and every part, land and water, officers and privates, regulars and volunteers, doing all that men could do, and hundreds of things which


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1848] it had ever before been thought men could not do—after all this, this same President gives a long message, without showing us that as to the end he himself has even an imaginary conception. As I have before said, he knows not where he is. He is a bewildered, confounded, and miserably perplexed man. God grant he may be able to show there is not something about his conscience more painful than all his mental perplexity.

Upon report of a bill from the Committee on Judiciary for raising additional military force for a limited time, etc. (similar bills having been previously reported from other committees), Mr. Lincoln made a few remarks. The bill amended existing legislation so as to grant bounty lands to such persons as had served for a time as privates, but had never been discharged as such, because promoted to office. This amendment he endorsed, and to it he desired to add two further amendments. The first of these was, that bounty lands should be given to the surviving volunteers of the War of 1812. His friend from Maryland said there were no such men. He [Mr. L.] did not say there were many, but he was very confident there were some. His friend from Kentucky near him [Mr. Gaines] told him he himself was one. The second additional amendment was, that persons entitled to bounty land should by law be entitled to locate these lands in parcels,


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 214 children. For her the peasants on Twelfth Night set a repast, of which, if she be pleased, she and her troop partake. A servant boy at a peasant’s farm in the Tyrol on one such occasion perceived Lady Berchta’s approach, and hid himself behind the kneading-trough to watch what she would do. She immediately became aware of his presence as he peeped through a chink, and called to one of her children to go and stop that chink. The child went and blew into it, and the boy became stark-blind. Thus he continued for a year, nor could any doctor help him, until an old experienced man advised him to go to the same place on the following Twelfth-tide, and, falling down on his knees behind the kneading-trough, to bewail his curiosity. He accordingly did so. Dame Berchta came again, and taking pity on him, commanded one of her children to restore his sight. The child went and blew once more through the chink, and the boy saw. Berchta, however, and her weird troop he saw not; but the food set out for them had disappeared.

The tradition of the goddess Hertha lingered until recently, and perchance lingers still, in the island of Rügen. She had her dwelling, it is believed, in the Herthaburg; and often yet, in the clear moonlight, out of the forest which enfolds that hill, a fair lady comes surrounded by her maids to bathe in the lake at its foot. After awhile they emerge from the waters, and, wrapt again in their long white veils, they vanish flickering among the trees. But to the belated wanderer, if any such there be, who looks upon this scene, it is a vision of dread; for he is drawn by irresistible might to the lake wherein the white lady is bathing, to be swallowed up in its depths. And it is said that every year the lady must lure one unhappy mortal into the flood. So in the classic mythology, if Ovid report aright,


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 Rh Actæon met the fearful fate of transformation into a stag by “gazing on divinity disrobed”, and was torn in pieces by his own hounds. Hertha was, indeed, according to Tacitus, more terrible than Diana, since death was the penalty even when duty called her slaves to the awful sight.

These traditions lead us naturally to the legend of Lady Godiva. As generally told to-day, that legend bears an unmistakable resemblance to the foregoing stories; but there seems some difficulty in classing it with them, because Peeping Tom is wanting in the most ancient version known to us.

Godiva, properly Godgifu, was an undoubted historical personage, the wife of Leofric, Earl of the Mercians, and mother of the Earls Morcar and Edwin, and of Edith, wife first of Gruffydd, Prince of North Wales, and afterwards of King Harold the Second. The earliest mention of her famous ride through Coventry is by Roger of Wendover, who wrote in the beginning of the thirteenth century, or a hundred and fifty years or thereabout after her death. His account of the matter is as follows: “The countess Godiva, who was a great lover of God’s mother, longing to free the town of Coventry from the oppression of a heavy toll, often with urgent prayers besought her husband, that from regard to Jesus Christ and his mother, he would free the town from that service, and from all other heavy burdens; and when the earl sharply rebuked her for foolishly asking what was so much to his damage, and always forbade her evermore to speak to him on the subject; and while she, on the other hand, with a woman’s pertinacity, never ceased to exasperate her husband on that matter, he at last made her this answer: ‘Mount your horse, and ride naked before all the people, through the market of the town from one end to the other, and on your return you shall have your request.’ On which Godiva replied, ‘But will you give me permission if I am willing to do it?’ ‘I will,’ said he. Whereupon the


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 216 countess, beloved of God, loosed her hair and let down her tresses, which covered the whole of her body like a veil, and then mounting her horse and attended by two knights, she rode through the market-place without being seen, except her fair legs; and having completed the journey, she returned with gladness to her astonished husband, and obtained of him what she had asked, for Earl Leofric freed the town of Coventry and its inhabitants from the aforesaid service, and confirmed what he had done by a charter.” The modern version adds, in the Laureate’s words:

It is not my business now to prove that the legend is untrue in fact, or I should insist, first, that its omission by previous writers, who refer both to Leofric and Godgifu and their various good deeds, is strong negative testimony against it; and I should show, from a calculation made by the late Mr. M. H. Bloxam, and founded on the record of Domesday Book, that the population of Coventry in Leofric’s time could scarcely have exceeded three hundred and fifty souls, all in a greater or less degree of servitude, and dwelling probably in wooden hovels each of a single story, with a door, but no window. Nobody, however, now asserts that Roger of Wendover’s narrative is to be taken seriously. What therefore I want to point out in it is, that Godgifu’s bargain was, that she should ride naked before all the people. And this is what the historian understands her to have done; for he states that she rode through the


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 Rh market-place without being seen, except her fair legs, all the rest of her body being covered by her hair like a veil. He tells us nothing about a proclamation to the inhabitants to keep within doors; and of course Peeping Tom is an impossibility in this version of the tale.

Coventry has for generations honoured its benefactress by a periodical procession, wherein she is represented by a girl dressed as nearly like the countess on her ride as the manners of the day have permitted. When this procession was first instituted, is unknown. The earliest mention of it seems to be in the year 1678. Its object then was to proclaim the Great Fair, and Lady Godiva was merely an incident in it. The Lansdowne MSS. in the British Museum contain an account of a visit to Coventry by the “captain, lieutenant, and ancient” of the military company of Norwich who travelled in the Midland Counties in August 1634. These tourists describe St. Mary’s Hall as adorned at the upper end “with rich hangings, and all about with fayre pictures, one more especially of a noble lady (the Lady Godiva) whose memory they have cause not to forget, for that shee purchas’d and redeem’d their lost infringed liberties and ffreedomes, and obtain’d remission of heavy tributes impos’d upon them by undertaking a hard and unseemly task, w’ch was to ride naked openly at high noone day through the city on a milk white steed, w’ch she willingly performed, according to her lord’s strict injunction. It may be very well discussed heere whether his hatred or her love exceeded. Her fayre long hayre did much offend the wanton’s glancing eye.” In this record we have no additional fact except the mention of “high noone day” as the time of the journey; for the allusion to “the wanton’s glancing eye” is too vague to be interpreted of Peeping Tom, and the writer does not refer to any commemorative procession. It is possible, therefore, that the carnival times of Charles the Second both begot the procession and tacked Peeping Tom to the legend. But it is more likely that the procession is as old as the fair, which was held


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 218 under a charter of Henry the Third, granted in 1217. Such pageants were not uncommon in municipal life, and were everywhere to the taste of the people. Whether Lady Godiva was a primitive part of it is another question: there seems no improbability in supposing that she was, since the legend was then current. Much more doubt exists as to the episode of Peeping Tom. Looking out of a house at the corner of Smithford Street is a wooden figure called by the name of the notorious tailor. It is in reality a statue of a man in armour, dating no further back than the reign of Henry the Seventh; and it could not have been appropriated to its present purpose until its original design had been forgotten, and the incongruity of its costume passed unrecognised. This is said to have been in 1678, when a figure, identified with the one in question, was put up in Grey Friars Lane by Alderman Owen.

It must not be overlooked that there may have been from the first more than one version of the legend, and that a version rejected by, or perhaps unknown to, Roger of Wendover and the writers who followed him may have always included the order to the inhabitants to keep within doors, of which Peeping Tom would seem to be the necessary accompaniment. Unfortunately, we have no evidence on this point; and in such a case it becomes of importance to inquire whether there are any traditions in other places from which we may reason. In the History of Gloucestershire, printed by Samuel Rudder of Cirencester in 1779, we read that the parishioners of St. Briavels, hard by the Forest of Dean, “have a custom of distributing yearly upon Whitsunday, after divine service, pieces of bread and cheese to the congregation at church, to defray the expenses of which every householder in the parish pays a penny to


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 Rh the churchwardens; and this is said to be for the privilege of cutting and taking the wood in Hudnolls. The tradition is that the privilege was obtained of some Earl of Hereford, then lord of the Forest of Dean, at the instance of his lady, upon the same hard terms that Lady Godiva obtained the privileges for the citizens of Coventry.”

I am fortunately able to correct this account by a statement most obligingly made to me by the Rev. W. Taprell Allen, M.A., the vicar of St. Briavels, whence it would appear that the payment was probably made, not to the churchwardens, but to the constable of the castle as Warden of the Forest of Dean. In other respects Rudder seems to have accurately related both custom and tradition, but I have been unable to obtain any further details.

I am not aware of any other European tradition that will bear comparison with that of Godiva, but Liebrecht relates that he remembers in his youth, about the year 1820, in a German newspaper, a story according to which a countess frees her husband’s subjects from a heavy punishment imposed by him. She undertakes to walk a certain course clad, only in her shift, and she performs it, but clad in a shift of iron. The condition is here eluded rather than fulfilled; and the point of the story is consequently varied. It would be interesting to have the tale unearthed from the old newspaper, and to know where its scene was laid, and whether it was a genuine piece of folklore.

Eastern tales, however, furnish us repeatedly with incidents in which a lady parades the streets of a city, and during her progress all folk are bidden to close their shops and withdraw into their houses on pain of death. The example of the Princess Badroulboudour will occur to every reader of the Arabian Nights. This, however, is by no means a solitary example. In the story of Kamar Al-Zaman and the Jeweller’s Wife, one of the stories of the


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 220 Nights rejected on moral grounds by Lane and translated by Burton, a dervish relates that he chanced one Friday to enter the city of Bassorah, and found the streets deserted. The shops were open, but neither man nor woman, girl nor boy, dog nor cat was to be seen. By-and-bye he heard a sound of drums, and hiding himself in a coffee-house, he looked out through a crevice and saw forty pairs of slave girls, with uncovered heads and faces displayed, come walking through the market, and in their midst a lady riding unveiled and adorned with gold and gems. In front of her was a damsel bearing in baldric a great sword with haft of emerald and tassels of jewel-encrusted gold. Pausing close to the dervish, the lady said to her maidens: “I hear a noise of somewhat within yonder shop; so do ye search it, lest haply there be one hidden there, with intent to enjoy a look at us whilst we have our faces unveiled.” Accordingly they searched the shop opposite the coffeehouse, and brought forth a man. At the lady’s command the damsel with the sword smote off his head, and leaving the corpse lying on the ground, the procession swept on. It turned out that the lady was the wife of a jeweller to whom the King of Bassorah was desirous of granting a boon, and at her request the boon obtained was a proclamation commanding that all the townsfolk should every Friday enter the mosques two hours before the hour of prayer, so that none might abide in the town, great or small, unless they were in the mosques or in the houses with the doors locked upon them; but all the shops were to be left open. Then the lady had permission to ride with her slave-women through the heart of the town, and none were to look on her from window or lattice; and everyone whom she found abroad she was at liberty to kill. A similar incident is related in the life of Kurroglú, the robber-poet of Persia, where a beautiful princess passes in state through the bazaars every Friday on her way to the


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 Rh mosque, while all the men are banished. Here, again, someone was of course found playing the spy.

A version of the incident, which can be traced much further back in literary form than either of the foregoing, occurs in the Ardshi-Bordshi. This book is a Mongolian recension of a Sanskrit collection of stories concerning Vikramâditya, a monarch who, if he ever lived, seems to have flourished about the beginning of the Christian era. He was celebrated, like Solomon, for his wisdom and his might; and his name became the centre of a vast accretion of legends. Some of these legends were translated into Mongolian late in the middle ages, and formed a small collection called after Ardshi-Bordshi, the nominal hero. In the story to which I wish to direct attention, a certain king has a daughter bearing the name of Sunshine, of whom he was so jealous that if anyone looked upon her his eyes were put out, and the man who entered her apartments had his legs broken. Naturally, the young lady got tired of being thus immured, and complained to her father that, as she had no opportunity of seeing man or beast, the time hung heavily on her hands; and she begged him to let her go out on the fifteenth of the month and look about her. The king agreed to this; but, the sly old rascal! nothing was further from his intention than to gratify his daughter’s longing for masculine converse. Wherefore he issued a decree that all objects for sale were to be exposed openly to the view, all cattle to be left indoors, the men and women were to withdraw into their houses and close their doors and windows, and if anyone came forth he should be severely punished. On the appointed day, Sunshine, surrounded by her ladies, and seated in a brand-new chariot, drove through the town, and viewed the merchandise and goods exposed for sale. The king had a minister, named Moon, who could not restrain his curiosity; and he


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 222 peeped at her from a balcony. The princess, as he did so, caught sight of him and made signs to him, which were interpreted by the penetration of his wife to be an invitation to meet her clandestinely. The wife hardly displayed what most ladies would deem “a proper spirit” in advising compliance; and the consequence of taking that advice would have been serious trouble both to himself and to the princess, had it not been for the ready wit of the two women, who got over the difficulty by contriving an ingenious equivocation not unknown in other stories, by which the princess cleared herself and her lover on oath.

It is true that in these tales the lady who rides forth is not naked; but to ride openly and unveiled would be thought almost as immodest in countries where strict seclusion is imposed upon women. We have therefore tales including the Peeping Tom incident, from sources unknown in Europe in the seventeenth century, when the Coventry legend had certainly attained its full development. And the incident appears so obvious a corollary to the central thought of Lady Godiva’s adventure that it is hardly likely to have required centuries for its evolution. There is, however, an Indian legend from which the incident in question is absent. It is related that the inhabitants of Chamba were under the necessity of digging a canal for irrigation, but when it was dug, owing to the enchantments of an evil spirit, not a drop of water could be got to flow along its course. A magician at last found out that the spell could be dissolved if the beautiful and virtuous young princess of Chamba would consent to


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 Rh traverse a given distance of the plain entirely naked, in full view of the populace, and to lose her head when the journey was accomplished. After much hesitation, her compassion triumphed over her shame, and she undertook the task. But lo! as she advanced, a thick line of young trees arose to right and left, completely hiding her from cynical eyes. And the shady canal is shown to-day by the good people of Chamba as one of the most authentic monuments of their history.

Before leaving the East, let me advert to a curious religious ceremony which may have some bearing upon the legend under discussion. A potent spell to bring rain was reported as actually practised during the Gorakhpur famine of 1873-4. It consisted of a gang of women stripping themselves perfectly naked, and going out by night to drag the plough across a field. The men were kept carefully out of the way, as it was believed that peeping by them would not only vitiate the spell, but bring trouble on the village. It would not be a long step from this belief to a story in which peeping was alleged to have taken place with disastrous effects, either to the village, or (by favour of the deities intended to be propitiated) to the culprit himself. If we seek further analogue in India, we learn that at the festival of the local goddess in the village of Serúr, in the Southern Mahratta country, the third and fourth days are devoted to private offerings. Many women, we are told, on these days walk naked to the temple in fulfilment of vows, “but they were covered with leaves and boughs of trees, and surrounded by their female relations and friends.” The performance of religious rites by women alone, when men are required under heavy penalties to absent themselves, is, indeed, not very uncommon in savage life; and probably a little search would discover in different parts of the world many such as the foregoing. In all


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 224 countries ceremonies of a special character are frequently dramatic. They represent, or are believed to represent, actions of the deities in whose honour they are performed. The Coventry procession is admittedly a representation of Godgifu’s ride. It is not now connected with any professed act of worship, but may it not be the long-descended relic of some such observance as those I have just described? There does not appear from Rudder’s account to have been, in his time at least, any pageant at St. Briavels commemorative of the achievement of the lady to whom the parishioners reckoned themselves to owe their privileges, nor have I been able to trace one by local inquiries. But the tradition is there unmistakably connected with a religious and social rite. The distribution of food on a day of high and holy festival in the church to the congregation, and paid for by a levy upon every householder in the parish, can point to nothing else than a feast of the whole community as a solemn act of worship. The point requiring elucidation is the intimate relation of this feast with a story apparently so irrelevant as that of the countess’s ride. To explain this, we must suppose that the feast was only part—doubtless the concluding part—of a ceremony, and that the former portion was a procession, of which the central figure was identical with that familiar to us at Coventry. But such a procession, terminating in a sacred feast, would have had no meaning if the naked lady represented a creature merely of flesh and blood. It is only explicable on the hypothesis that she was the goddess of a heathen cult, such as Hertha (or Nerthus), whose periodical progress among her subject tribes is described by Tacitus, and yet survives in the folk-lore of Rügen. Now the historian tells us that Hertha was Mother Earth, the goddess of the soil, whose yearly celebration would appropriately take place in the spring or early summer. To her the produce of the land


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 Rh would be ascribed; and in her name and by her permission would all agricultural operations be performed. Such a goddess it is who must have been honoured by the ceremonies already noticed in India, and to such a goddess we may readily believe would be ascribed the privilege of cutting wood. It is quite consistent with this that the payment by every household at St. Briavels should be made to the warden of the forest, and that it should be spent by him on the goddess’s festival. Whether the tolls and burdens vaguely referred to by Roger of Wendover were of an equivalent character we can only surmise.

On the whole, then, I am disposed to think that the legend and procession of Lady Godiva are survivals of a pagan belief and worship located at Coventry; that the legend was concerned with a being awful and mysterious as Dame Berchta, or Hertha herself; and that the incident of Peeping Tom, in spite of the absence of direct evidence in its favour, was from the first, or at all events from an early date, part of the story. The evidence upon which these conclusions rest may be shortly recapitulated thus:—

1. The absence of historical foundation for the tradition.

2. The close resemblance between the tradition and other stories which unquestionably deal with heathen goddesses.

3. The equally close analogy between the procession and that described in Eastern stories, which, so far as we know, could not have reached England at the latest period when the procession could possibly have been instituted; and between the procession and certain heathen rites practised not only in the East, but as near home as Germany.

4. The connection between the analogous legend at St. Briavels and the remains of a sacred communal feast that can hardly be anything else than the degraded remnant of a pagan observance.

I have not ventured to refer to the mysteries of Dêmêtêr, equated by many writers with Tacitus’ account of the


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 226 of Hertha and another goddess whom he calls Isis. To argue from them, tempting though it is, would necessitate the introduction of too much debatable matter. I have endeavoured to rely on parallels not so readily disputed.

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 Rh Burr, James (1741-1806) Barry, James (1795-1865) Barry, John [1745-1808]. Barry, John Miloer 11768-1898) Barry or Bairej, Lodowick (ITth oent.) Barry, Mftrlia il80S-185G) Barry, Philip de (/(, 1193) ., Barry, Sir Kedmond (1818-1880) Barry, Kobert de [fl. 1175) , Barry, Bpmiger (17 19-177 T) , Barry, TliDin»a de (fi. IBM) , BMiymom, flnl Borl of (1605-1843). Bony David Piti-David. Barter, Richard (1809-1870). Bartb^tmon, Franfoia Hippolite (1741- Banhlet or BaitleU, John [fi. Ua8) Baciholomew (d. 1184). Banholomaw, Saint {d. 1198) . BanhoIom«r Anglicoa (jt. iaa»-13S0). Olaayille, Bartholomew Bartholomen, Alfred I1801-I84S) Bartholomew, Ann ChatlatCe {d. 1863) Bartholomew, David Bwen (d. 1831) Bartholomew, Valentine (1790-1870) Bartleman, Jtunei (1789-1831) BarUet, John {Jl. 1883) , Bartlet, Wilham (i. IGSa) BartlBtt, Benjamin (1714-1787) Bartlett, Thonutt [17S»-1S64) . Bartlett, Wilhom Henry (IBOS-IBU) Bartley, OeorEe (1783 ?-18U) . Bartley, Sarah (1788-1860) . Bartlot, Richard (1411-1BB7), , • Bartolozzi, Francesco (1737-1815) . Bactolozzi, UaeCane Stefano (17GT-18U) Barton, Andrew (il. 1511) Barton, Bernard (1T84-1S49]. Barton, Charles (178S-184B). Barton, Edward (1583 f-lBOT). Barton, Eliiabeth (1606 ?-ir,B4), ooDUnonl' called the Nnn or Maid ol Kent. Barton, Fraaoes (1787-1816). See Abington. BarCoD, John de ( j^. 1U04), otherwiae called de Ryton and de Fiytou Barton, John jlSth coDt.) Barton, Matthew (171B?-1795) Barton, Rii^hard (1801-1860) . Barton. Sir Robert (1770-1853) Barton, Tbomai (d. IGBl-9) . Barton, Thomas (1730 ?-17SU) . Barton, William (1508 ?-167SJ. Barvitna {ft. 645) .... Barwell, Loaisa Uary (IROO-ISSG) . BarwelU Richard (1741-1804) . Barwiok, Jcdio {fl. 1810). Barwick, John (1813-1684) Barwick. Peter (1810-1705) .. Basevi, Qeoree (17B4~1B46). Baaham, William Richard (1S04-187T) Baaing, Baroo (1038-1804). See Bolater- Boolh, George. BMing oc Baaingitolir. John [d, ItfS) . Baaire, Iiaao (1807-1876) Badre, Iiaac, 1704-1788 ; Baaire, Jamea, 1780- Basire, JamM, 1780-1893; B*i re, Jamiw, 17H-1860 Baa)ier>ille, Hannibal (1GS7-16S8). Baakerville, John (1708-1775). Bftsltarvilla, Sir Simon (1574-1641). Baakerville, Sir Thomas {d. 1607) . . Baakerville, Thomas (1630-1730), , Baakerville, Thomas (1813-1840?) . , Bass, Qeorga ((i. 1813?). BasB, Michael Thomaa (179»-18S4). Baasaatiu, Jamea (d. 1588) Baase or Baa, William [d. 1898 ?) . Basaendyne or Baasinden, Thomas (d. 1G7T) BasMt of Cornwall, t'amily of Basaet, Alan (d. 1383-8) . Baaaet, Sir Fraadi (d, 1»46) ... Basset, tTranda, Baron de Donstwiville of Tehidy and Baron Basaet of Btrattoo (1767-1886) Basset, Fnlk (d. 1369) .... Baaset, Fnlk da {d. 1371). See Saiidlbcd. Basaet, Gilbert (d. 1941) .... Basset, John (1701-1848). Basset, Joshn*IIS41?-17W) . Basset, Peter {ft. 1431) Basset, Ralph (d.l_., . Basset, Ralph Id. 1383?). Basset, Richard (d. 1164?) Basset, Thomae [d. 1183 ?) Basaet, William {d. I1S5 7) Basset, WiUiaia (d. 1349 ?) Basset. WiUiam {fl. 1860). See nndei BasKt, WiUiajDld. 1349?). Basset, William (1044-1895). Bassin^hoome, Humphrey de (ft. 1906). Basanelt, Christopher (1677 ?-1741] Bastard, John Polleifen 11758-lSlS). Bastard, Thomas (1686-1018). Baiton or Boston, Philip (d. 1890 7) Baaton, Robert (ft. 1800) .... Baatwick, John (1698-1054) , Bate, George (1808-1669) Bale, Henry (174G-1S34). Sea Dodley, Sir Henry Bate. Bate, James (170S-1775). Bate, John (d. 1490) Bate, Jalina (1711-1771). Batecnmbe or Badecnisbe, WiUiam (d. ?) Bateman, Hezekiah Unthioam (1813-1876). Bateman, Bidney Frances (1838-1881). Balemaa, Stephen [d, 1684). See Batman. Bateman, Thomas (1778-1831) Bateman, Thomas (1891-1861) Bateman, William (1998?-18G5), ako called William of Korwioh (1787-1856). Bee ni Bateman, Thomas (1891-1881). Bates, Joah (1741-1799) .... Bates, Joehoa (1788-1864) Balea, Sarah (d. ^11) .... Batea, Thomas (jt. 1704-1719) Bates, William {1835-1699). Bateaford, John de (d. 1819). BatesoD, Thomas [16eO?-ie30?) . Bateson William Henry (1813-1881) . Bath, Harqaisea of. See Thynne, Thomas, first Marquis, 1784-1796; Thynns, John Alannder, foorth Marqnis, 1881-1898. Bath, Earls of. See Granville, John, 1638- Polteney. William, 1B84-176*. Bathe or Bathonia, Henry de (d. 1360) . . 41 Bathe, Joho (1610-1840) 41 Bathe, WiUiam (1664-1614) ... .41 Bather, Edward (1779-1847) .... 41 Bather, Lucy Elisalcth (1880-18041, known as 'Aunt Lucy' ... 404


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,

There are, I think, few who might be called upon to deliver the annual Romanes lecture before this ancient and glorious University who could feel more deeply sensible of the honour conferred on them than I do; few who could be more grateful for the kindness and consideration which the invitation to give this lecture, implies. And no one, I think, could be more keenly aware than I am of the responsibility of the task undertaken and of his own deficiency in those qualities which are needful in order that the lecturer may do justice to the occasion. Great and eloquent men, leaders of thought, some occupying high position in the State, have been among my predecessors. It is, then, with great diffidence that I address you. I cannot forget in doing so, that I have not only passed through early days at the knees of our Alma Mater, but have spent the best years of my life under her shelter, nourished and encouraged by her bounty, and that I am speaking to many who have been my friends and companions. Difficulties and anxieties of a special kind belong to such a situation. But I know from experience that I may count upon your forbearance and generosity, and I trust that whatever

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 58 recognised by them, powerful and beneficent beyond all others, maker of the heavens and the world." But it has already been shown that Michabo is only, at most, the reparateur de l'univers, and that he has a sleeping partner—a deity retired from business. Moreover, Dr. Brinton's account of Michabo, "powerful and beneficent beyond all others, maker of the heavens and the world," clashes with his own statement, that "of monotheism as displayed in the one personal definite God of the Semitic races" (to whom Dr. Brinton's description of Michabo applies), "there is not a single instance on the American continent." The residences and birthplaces of Michabo are as many as those of the gods of Greece. It is true that in some accounts, as in Strachey's, "his bright home is in the rising sun." It does not follow that the hare had any original connection with the dawn. But this connection Dr. Brinton seeks to establish by philological arguments. According to this writer, the names (Manibozho, Nanibozhu, Missibizi, Michabo, Messou) "all seem compounded, according to well-ascertained laws of Algonkin euphony, from the words corresponding to great and hare or rabbit, or the first two perhaps from spirit and hare." But this seeming must not be trusted. We must attentively examine the Algonkin root wab, when it will appear "that in fact there are two roots having this sound. One is the initial syllable of the word translated hare or rabbit, but the other means white, and from it is derived the words for the east, the dawn, the light, the day, and the morning.


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 Rh Beyond a doubt (sic) this is the compound in the names Michabo and Manibozho, which therefore mean the great light, the spirit of light, of the dawn, or the east." Then the war of Manibozho became the struggle of light and darkness. Finally, Michabo is recognised by Dr. Brinton as "the not unworthy personification of the purest conceptions they possessed concerning the Father of All," though, according to Dr. Brinton in an earlier passage, they can hardly be said to have possessed such conceptions. The degeneracy to the belief in a "mighty great hare," a "chimerical beast," was the result of a misunderstanding of the root wab in their own language by the Algonkins, a misunderstanding that not only affected the dialects in which the root wab occurred in the hare's name, but those in which it did not!

The reader has now the opportunity of judging for himself whether the great hare, like Tsui Goab among the Hottentots, is a corrupt misunderstanding of a verbal root, or whether he is only a totem, as he is, according to Dr. Brinton, a guardian animal, more successful than most, and far on his way towards divine honours.

On the whole, the mythology of the great hunting and warrior tribes of North America is peopled by the figures of ideal culture-heroes, partly regarded as first men, partly as demiurges and creators. They waver in outward aspect between the beautiful youths of the "medicine-dreams" and the bestial guise of totems


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 60 and protecting animals. They have a tendency to become identified with the sun, like Osiris in Egypt, or with the moon. They are adepts in all the arts of the medicine-man, and they are especially addicted to animal metamorphosis. In the long winter evenings, round the camp-fire, the Indians tell such grotesque tales of their pranks and adventures as the Greeks told of their gods, and the Middle Ages of the saints.

The stage in civilisation above that of the hunter tribes is represented in the present day by the settled Pueblo Indians of New Mexico and Arizona. Concerning the faith of the Zunis we fortunately possess an elaborate account by Mr. Frank Cushing. Mr. Cushing was for long a dweller in the clay pueblos of the Zunis, and is an initiated member of their sacred societies. He found that they dealt at least as freely in metaphysics as the Maoris, and that, like the Australians, "they suppose sun, moon, and stars, the sky, earth, and sea, in all their phenomena and elements, and all inanimate objects, as well as plants, animals, and men, to belong to one great system of all conscious and interrelated life, in which the degrees of relationship seem to be determined largely, if not wholly, by the degrees of resemblance." This, of course, is stated in terms of modern self-conscious speculation. When much the same opinions are found among the Kamilaroi and Kurnai of Australia, they


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 Rh are stated thus: "Some of the totems divide not mankind only, but the whole universe into what may almost be called gentile divisions." "Everything in nature is divided between the classes. The wind belongs to one and the rain to another. The sun is Wutaroo and the moon is Yungaroo. . . . The South Australian savage looks upon the universe as the great tribe, to one of whose divisions he himself belongs, and all things, animate or inanimate, which belong to his class are parts of the body corporate, whereof he himself is part. They are almost parts of himself" (p. 170).

Manifestly this is the very condition of mind out of which mythology, with all existing things acting as dramatis personæ, must inevitably arise.

The Zuni philosophy, then, endows all the elements and phenomena of nature with personality, and that personality is blended with the personality of the beast "whose operations most resemble its manifestation." Thus lightning is figured as a serpent, and the serpent holds a kind of mean position between lightning and man. Strangely enough, flint arrowheads, as in Europe, are regarded as the gift of thunder, though the Zunis have not yet lost the art of making, nor entirely abandoned, perhaps, the habit of using them. Once more, the supernatural beings of Zuni religion are almost invariably in the shape of animals, or in monstrous semi-theriomorphic form. There is no general name for the gods, but the appropriate native terms mean "creators and masters," "makers," and


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 468 Batbilila, Balteduldis, Batdechlld, or Baldhild(iJ.eT8?) Bathnnt, Allen, flnt Eul Bathont (leat- 1775) Baltaorat, Benjamin (1T81-1S09) and Earl (1711-17B*) Bathurst, Bearj, Uiird Earl Bathnnt (1TS3- I8S4) Bathnnt, Henr? (1T14-1S3T] . B&tbunt, Jalm (160T~16Ea) . Batharst, Ralph |l«20-170»i, Bathural, Ricliard (d. 1762) . BathoiBt, Tbeodore {d. ISSl] . BalhorBt, Walter (1761f-18a7) Batman, John (ISOO-IBIO) Batman, Stephen id. Ili81). Batmanaon, Jubu [d. 1G81) . Bait, Anthon; [d. 16G1). Batt, William |171*-lSia) Battsl, Andrew [fi. IfiSa-lflU) Battell, Balpb (ie4»-171S) Batten, Adrian (!.laaD). Batten, Sir Willjam {d. 1667) . Battie, William (1T04'1776) . Battine, Willjam (ITeC-IBSel , BattiihilL Jonalhan (1798-1601) BatUej Ridhard |1770-18GS) . Batt;, Robert [d. 1848). Batt;, Robert [1TS3?-1849) . Batj, Richard (d. 17G8) . Baombargh, Tbonua de (fl. ISaS) Baoma, Pjerro Henri Joseph (17fl7-187B) Bavand, WiHiam [fi. IE69J Bavant, John (ft. lGS2-lG8e) Bftwdwen, William {ises-msa). See Baldwin. BawdwBD, William ri7ea-181d) Andrew (1688-1760) . Charles 11809-1879). Bir David (17S3-18731. Evan Baohanan (1841-U*S5« John (1781-1B&8) Nathaniel (fl. 1606) Richard 11615-16911 Robert DadkT |lSd7-ie73> Baxter. Roger (1781-1837) Thomaa (fl. 1792| Thomas (1782-1821) William (1650-1726) Baxisr, William id. 1871) Bayard, Nicholas (fi. IMOO 7) Bayea, Joshua (1671-1746) Bayeui, John de Id. 1219) Bayeu, Ihomaa ol {d. IIDOJ. See Thomas. Bathoret Bayfield, Richard, alio. Bayfield, Robert {ft. 1668} Baylee, JoHph(180e-18Si;) . Bayley, Comeliaa (1751-1813) . Bayley, Sir Edward Chvo (1821-1B84) . Bajley, P. W. N. (1808-1858) . Bayley, Henry Vincent (1777-1844) Baylej, Sir John 11766-1841). Bayley, John (Wbitcomb) {d. 1869) Bayley, Peter (1778 ?-1823) . Bayley, Robert 8. {d. 1868). Bayley, Thoma* (1682-1666), See Baylie. Bayley, Thomas Butterworth (1T44-180S) Bi ST (1699-1692). Bi un Bntterworth (1782-1860) Bi as (1583-1668). Bi am (1734-1787). Bl.j_., rd (1791-1861). Baylie, Thomaa HotchinaoD (1836-1876). Bayly. Anaehn {d. 1794) . Bayly, Benjamin (1671-1730) . Bayly, John (d. 1633) Bayly, Lewis (4. 16H1) Bayly, Thomas Id. 1S57 ?) Bayly, Thomas Haines (1797-1889) Bayly, William (17S7-I810). Baynard, Ann (1672-1697) Barnard, Edward lb. 1641,/!. 171S) Baynard, Fulk (d 1806) . Baynard, Robert (d. 13S1) Baynbrigg, Chiiatopber (1464 ?-1511). 1 Bainbrtdge Bayne, Alexander of Rirea {d. 1T87) Bayne, William (li. 1783). Baynea, Adun (1681-1670). Baynes, James (1766-1BS7I . Baynes, John (175B-1787) Baynes, Panl (d. 1617) . Baynes, Ralph [d. 1659). Baynes, Roger (1546-1623) Bayub Bayning, first Baron (1728-1810). Baynton, Sir Andrew {fl 1510) Baynlon, Thomaa |d. IBM). Bayntna, Sir Henry Wilbam (1766-1640) Beach or Beche, John Id. 1689) Beach, Thomas Id. 1767) .... Beach, Thomaa (1788-1806) , Beacoo, See BecoD. BeaconsBeW, Earl of (1804-1881). See D Beadle' John {d. 1687) .... Beadon, Sit Cecil (1816-1881) . Beadoo, Frederick (1777-1679) Beadon, Richard (1737-1834)


text:
Author:Frederick William Robertson

Works

 * Christian progress by oblivion of the past, and other sermons (1800) external source
 * Address delivered at Opening of Working Men's Institute, Brighton (1849)
 * Lectures on the Influence of Poetry and Wordsworth (1852)
 * Sermons Preached at Trinity Chapel, Brighton (1857) First Series, Second Series, Third Series, Forth Series, Fifth Series
 * Lectures and Addresses on Literary and Social Topics (1858) external source
 * Expository lectures on St. Paul's epistles to the Corinthians (1859) external source
 * Analysis of Mr. Tennyson's "In Memoriam" (1862) external source
 * Life, letters, lectures, and addresses of Fredk. W. Robertson (1865), edited by Stopford A. Brooke external source
 * "The Human Race" and Other Sermons: Preached at Cheltenham, Oxford, and Brighton (1881) external source
 * Robertson's living thoughts, a thesaurus (1881) external source
 * Notes on Genesis (1883) external source
 * Lectures on the influence of poetry and Wordsworth (1906) external source
 * Lectures, Addresses and Other Literary Remains (1906) external source
 * The Influence of Poetry on the Working Classes

As translator

 * Education of the Human Race (1858), by Gotthold Ephraim Lessing

title: Author:Frederick William Robertson


text: Folk-Lore/Volume 1/Peeping Tom and Lady Godiva


text:
Author:Jeremy Collier

Works

 * A Short View of the Immorality and Profaneness of the English Stage (1698)
 * The Great Historical, Geographical, Genealogical and Poetical Dictionary (2nd edition), 1701
 * The Emperor Marcus Antoninus: His Conversation with Himself $undefined$, (1702, translator)

title: Author:Jeremy Collier


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Olds v. Donnelly

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

Olds v. Donnelly (A-109)

(NOTE: This is a companion case to Karpovich v. Barbarula and Donohue v. Kuhn, also decided today.)

Pollock, J., writing for a majority of the Court.

The basic issue in this case, as in Karpovich v. Barbarula, N.J. (1997) and Donohue v. Kuhn, N.J. (1997), also decided today, is the application of the entire controversy doctrine to legal-malpractice actions.

On June 27, 1985, Dr. Donahue allegedly committed medical malpractice while operating on Robert Olds. Approximately one month later, Olds retained Dennis Donnelly to represent him in a possible medical-malpractice action against Dr. Donahue. The Retainer Agreement indicated that Donnelly accepted the retainer subject to investigation.

On June 25, 1987, two days before the expiration of the statute of limitations on the medical-malpractice claim, Donnelly advised Olds that he no longer wished to represent him. Donnelly agreed, however, to prepare a pro se complaint and serve it on Dr. Donahue. Donnelly filed the complaint and attempted to serve Dr. Donahue by mail. Because Donnelly had used the wrong address, however, the summons and complaint were returned to Donnelly's office. Donnelly mailed them to a different address on August 10, 1987, by certified mail, with the return receipt addressed to Olds. Olds never received the receipt.

In 1988, Olds received notice from the Clerk of the Union County Superior Court that the case would be dismissed for lack of prosecution. Olds contacted Donnelly, who eventually sent Olds a letter stating that he had closed his files on the matter and it was up to Olds to pursue the matter.

Olds was able to effectuate service on Dr. Donahue in July 1989. In February 1991, Dr. Donahue moved to dismiss the complaint for failure to make timely service. Shortly thereafter, Joe Maran, Esq., filed a substitution of attorney for Olds. Maran appeared in opposition to Dr. Donahue's motion to dismiss on March 22, 1991. The trial court granted the doctor's motion to dismiss the complaint with prejudice after finding that Dr. Donahue was prejudiced by the two-year delay in service.

Thirteen months later, in April 1992, Olds, represented by Maran, instituted this legal-malpractice action against Donnelly. On March 18, 1994, about a month before the scheduled trial date, Donnelly moved for summary judgment, arguing that under the entire controversy doctrine, Olds should have asserted his legal-malpractice claim against Donnelly in the medical-malpractice action against Dr. Donahue. The trial court denied Donnelly's motion.

A jury returned a verdict of $ 500,000 for Olds. The trial court, however, granted Donnelly's motion for judgment notwithstanding the verdict, holding that the evidence did not support a finding that the legal malpractice proximately caused the dismissal of the action against Dr. Donahue.

Olds appealed. Donnelly cross-appealed, challenging the order denying summary judgment on entire controversy grounds. The Appellate Division reversed and remanded for entry of judgment in Olds's favor. 291 N.J. Super. 222, 232, 677 A.2d 238. It denied Donnelly's cross-appeal, reasoning that Olds's legal-malpractice claim did not accrue until the dismissal of the medical-malpractice action.

HELD: The party-joinder requirements of the entire controversy doctrine do not extend to claims of attorney malpractice.

1. The entire controversy doctrine seeks to assure that all aspects of a legal dispute occur in a single lawsuit. The goals of the doctrine are to promote judicial efficiency, assure fairness to all parties with a material interest in the action, and encourage the conclusive determination of a legal controversy. The mandatory joinder of claims was incorporated into the rules in 1979. The mandatory joinder of parties followed. Rule 4:30A now codifies the mandatory joinder of both claims and parties. (pp. 7-12)

2. The Court begins its analysis with Circle Chevrolet Co. v. Giordano, Halleran & Ciesla, 142 N.J. 280, 662 A.2d 509 (1995), which held that the entire controversy doctrine barred Circle's legal-malpractice action. In dicta, the Court stated that the doctrine applies to a client's legal malpractice claim against his or her attorney, even when the attorney is currently representing the client in an underlying action. The Court further held in Circle Chevrolet that the accrual of a legal-malpractice claim for purposes of imposing the entire-controversy bar is determined under the discovery rule, which involves two elements: actual injury and knowledge of fault. Here, the trial court's dismissal of Olds's medical-malpractice complaint for untimely service was not mandatory. Because dismissal of the complaint was not a foregone conclusion, Donnelly's negligence did not proximately cause actual damage to Olds until the trial court dismissed Olds's complaint against Donahue. Consequently, the entire controversy doctrine imposed no obligation on Olds to join Donnelly in the underlying medical-malpractice action. (pp. 12-18)

3. The Court is aware of the criticism of Circle Chevrolet's expansion of the entire controversy doctrine to attorney-malpractice actions. Critics have pointed out the adverse effect on the attorney-client relationship from requiring the joinder of an attorney who continues to represent a client in an underlying action. The Court acknowledges that the application of the doctrine to legal-malpractice claims has not fulfilled its expectations. The Court concludes that the entire controversy doctrine no longer compels the assertion of a legal-malpractice claim in an underlying action that gives rise to the claim. (pp. 18-22)

4. The New Jersey State Bar Association suggests in its amicus brief that the Court abolish the mandatory party joinder requirements found in Rule 4:30A. Similarly, the concurrence recommends overruling the rule of preclusion. Critics assert that mandatory party joinder is counterproductive and serves to complicate, prolong, and increase the cost of litigation. Others suggest expansion of party joinder under Rule 4:28. The Civil Practice Committee, to which the Court regularly looks for recommendations on proposed rule changes, already has appointed a subcommittee on the entire controversy doctrine. That subcommittee is the logical entity to consider initially the various proposals for such rule changes. Preclusion is a remedy of last resort. If a remedy other than preclusion will vindicate the cost or prejudice to other parties and the judicial system, the court should employ such a remedy. (pp. 23-31)

5. In fairness to other litigants and the judicial system, the Court determines to apply this decision not only to the present case but to all pending cases, whether on appeal or in the trial courts. (pp. 31-32)

Judgment of the Appellate Division is AFFIRMED.

JUSTICE STEIN, concurring in part and dissenting in part, is of the view that the preclusive aspect of the entire controversy doctrine is not the appropriate mechanism to enforce mandatory party joinder, and that less intrusive measures should be used to encourage party joinder in civil litigation.

CHIEF JUSTICE PORITZ and JUSTICES HANDLER, O'HERN, GARIBALDI, and COLEMAN join in JUSTICE POLLOCK's opinion. JUSTICE STEIN has filed a separate opinion, concurring in part and dissenting in part.

Christopher J. Carey argued the cause for appellant (Tompkins, McGuire & Wachenfeld, attorneys; John P. O'Toole, on the brief).

Joseph Maran, Jr., argued the cause for respondent Robert Olds (Maran & Maran, attorneys).

William W. Voorhees, Jr., argued the cause for respondent Joe Maran (Voorhees & Acciavatti, attorneys).

Andrew P. Napolitano argued the cause for amicus curiae, New Jersey State Bar Association (Cynthia M. Jacob, President, attorney; Linda Lashbrook, on the brief).

The opinion of the Court was delivered by POLLOCK, J. STEIN, J., concurring in part and dissenting in part. Chief Justice PORITZ, and Justices HANDLER, POLLOCK, O'HERN, GARIBALDI and COLEMAN. Justice STEIN.

title: Olds v. Donnelly