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HAMATH THE GREAT Arabs cursed us with a choice of vituperation not to be found in our more stolid West—cursed with a long, deep, comprehensive curse which included us and our fathers, the diligence's father and mother and distant relatives, and laid special emphasis upon the awful destruction which was sure to overtake the religion of the off mule.

About an hour's journey from Tripoli there is a very old pool of sacred fish, references to which are found in works of travel as early as the sixth century. According to the present tradition, the souls of soldiers who have died fighting for Islam are reincarnated in these fish. The Moslems accordingly hold them in the greatest reverence; and if anyone, particularly if a Christian, should harm them, he would almost certainly be torn to pieces by an infuriated mob. While thousands of men and women in the neighboring villages may be suffering the pangs of hunger, wealthy zealots will buy great piles of bread for the fish; often, indeed, they provide in their wills for a certain number of loaves to be thrown each week into the pool. The fish, which are about a foot in length, are fat and bloated as a consequence of this over-feeding, and are unspeakably ugly in form and color. We estimated that there were between four and five thousand of them in the little pool; and it was a sight not soon to be forgotten, as they crowded after the crumbs which we threw them, pushing and fighting so that they were often forced [ 203 ]


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SYRIA, THE LAND OF LEBANON quite out of their element and for many square yards the water was completely hidden by the loathsome, wriggling mass.

After eight hours' drive along the valley that leads from Tripoli into the interior, a sudden turn of the road brought into full view the great plain of north-eastern Syria. We were entering this through a break in its western wall, the pass which divides Lebanon from the Nusairiyeh Range, inhabited by its cruel, half-pagan tribes. At our right, the southern margin of the plain was distinctly marked by the abrupt ending of Anti-Lebanon and of the nearer Bika'. The place where the central valley of Syria opens suddenly to the broad expanse of wheat country was known of old as the "Entering In of Hamath," and was the northernmost point to which the Kingdom of Israel ever extended. At the left, low hills rise slowly up to the horizon; in front, the plain rolls out to the unseen desert and the ruined palaces of Palmyra. [ 204 ]


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SYRIA, THE LAND OF LEBANON as to what it was—this huge, symmetrical object rising so abruptly from the great, flat plain, and seeming doubly immense because of the clear air and the absence of any neighboring elevation with which to compare its height. The acropolis is, indeed, no insignificant structure. The people of Homs believe it to be entirely artificial, and its appearance is in favor of such an hypothesis. The circular hill is almost a thousand feet in diameter and its platform stands a hundred feet above the plain. The sides rise so steeply that it would be impossible to scale them without a ladder; and, to make the summit absolutely inaccessible to an enemy, all the outer slope of the mound formerly bore a slippery coating of small, square basalt blocks. At present the platform is reached by a long, winding path; but even this is so steep as to be almost dangerous in places. During the Crusades the fortress of Homs was held alternately by the Christians and the Saracens; and it has suffered from so many assaults that nothing of the old castle now remains save a few fragments of tumbling wall and a ruined gateway.

As we came down into the plain and had a nearer view of the acropolis, we seemed to distinguish a multitude of houses beneath it; but the difficulty of getting a true perspective had deceived us. The city lay beyond and lower; what we now saw were not houses but graves. It was a great metropolis of the dead; thousands and tens of thousands of mounds [ 206 ]


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HAMATH THE GREAT It is one of the world's greatest battlefields that lies below us, so vast that Waterloo and Gettysburg might be fought in different corners and hardly see the smoke of each other's cannonading. But no modern conflict has engaged such hosts as were drawn up here in martial array. They came from the desert capital, came up from Palestine and Egypt by way of the Entering In of Hamath, came as we have come, through the narrow pass leading from the Mediterranean. Back at the beginning of wars, the trained armies of Egypt fought the Hittite and the Chaldean here. After Babylonian and Persian, Jew and Syrian and Greek had become mere subjects of imperial Rome, it was here that Zenobia, the beautiful, talented, ambitious queen of Palmyra, received her crushing defeat at the hands of Aurelian. Here, centuries later. Crusader and Saracen battled for the land they both called Holy; here chivalrous Tancred led his armies and valiant Saladin won decisive victories.

Two things stand out from the general brownness of the plain. Just below us is the dazzling white acropolis of Horns, and ten miles to the south is the deep blue of the lake once called Qadesh, the "Holy," which was dammed up in its little valley by a long-vanished race and worshiped before history began.

We saw the bright reflection from the smooth sides of the mound long before we could distinguish the town lying beneath it, and for a while we were puzzled [ 205 ]


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HAMATH THE GREAT were crowded close together at the foot of the fortress-hill. Some few were surmounted by stone canopies; but most of them were simple Moslem graves, ranged in long ranks looking toward the sacred city of Mecca, with one stone at the head and another at the foot, for the two angels to rest upon as they weigh the good and evil deeds of the dead. As one approaches nearly every great Syrian city, this is the order of interest and impressiveness; first the ruins of former power and grandeur, then the graves of those who trusted in that power and gloried in that grandeur, last the modern town with its poverty and squalor and ignorance.

In Greek times "Emesa," as it was then called, was a place of no little size and importance, and during the Roman era one of its sons wore the imperial purple and one of its daughters became empress. The modern city contains some sixty thousand inhabitants, the large majority of whom are Moslems. The Christians are nearly all Orthodox "Greeks," but there is also a tiny Protestant community. We were guests of the native pastor, and later it lent a new impressiveness to our memories of Homs when we learned that our host was stabbed the very week after our visit. Fortunately, however, the wound was not a mortal one. The city is the market-place of Ard Homs, "the Land of Homs," and its bazaars are [ 207 ]


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SYRIA, THE LAND OF LEBANON crowded with fellahîn from all the country round about. The chief industry is the weaving of silks. The citizens claim that there are five thousand looms, and it is easy to believe this statement; as we walked along the streets, which were well-paved and cleaner than those of most Syrian towns, there were whole blocks where every house resounded with the whirring of wheels and the clicking of shuttles.

The home of our host, like almost every other residence in Homs, opened on a court which was separated from the street by a ten-foot wall. We rose at three o'clock the next morning to catch the diligence for Hama, said good-by all around in the lengthy Arabic fashion—and discovered that the key to the one gate was lost. Thereupon arose great bustle and confusion; the women rushed around looking everywhere for the missing key, while the worthy pastor brought a clumsy ladder to help us over the wall. But just as we were preparing to carry our heavy luggage up the ladder, the key was found, and a hard run brought us to the diligence with half a minute to spare.

This second coach had only two mules and one horse, and was a much smaller affair than that which had brought us from Tripoli. Although the driver was a Moslem to whom alcoholic beverages are strictly forbidden, he was considerably more than half-drunk. He had neglected to fasten the harness properly and, while we were rattling down a steep hill, the tangle of [ 208 ]


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THE GIANT STONES OF BAALBEK directions, stands Baalbek, the City of the Sun-God. Far northward Hollow Syria leads to the open wheat-lands of Horns and Hama; at the south it sinks gently to the foot of Hermon. Back of the city are the peaks of the Eastern Mountains, and across the level valley rise the highest summits of Lebanon. It is no wonder that the approaching traveler finds it difficult at first to realize the magnitude of the ruins. Any work of man would be dwarfed by the magnificent heights which look down upon Baalbek. But what an inspiration these same mountains must have been to the unknown architect who conceived the daring grandeur of the Temple of the Sun!

When I viewed the ruins from the summit of the highest mountain of Lebanon, their columns did not seem especially large. Then I remembered that there are few structures whose details can be distinguished at all from a point twenty miles away. After descending many thousand feet through rocky ravines and dry water-courses, we came out on the Bika' and again saw the temples. They now appeared of moderate size and very near. It was hard to believe that a few minutes' canter would not bring us to them and, as we rode across the monotonous level of the valley, it seemed as if each new mile would surely be the last. When I had traveled for an hour straight toward their slender columns and found them apparently as far away as ever, I began to understand [ 185 ]


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SYRIA, THE LAND OF LEBANON that these temples must be of a bigness beyond anything that I had ever seen before.

While we were looking toward Mount Hermon, whose conical summit rose from behind the southern horizon, the hot, shimmering air began to arrange itself in horizontal layers of varying density, and before our wondering eyes there grew a picture of cool and shady comfort. Four or five miles away a grove of date-palms stood beside a beautiful blue lake in which were a number of little islands, each with its cluster of bushes or its group of trees; and, just beyond the islands, the rippling water laved the steep sides of Mount Hermon. It was a cheering sight for the tired traveler. This was no freak of an imagination crazed by privation and exhaustion. Everything was as clear-cut and distinct as were the temples of Baalbek. We knew very well that there was no lake in the Bika' and that Mount Hermon was not within fifty miles of where it seemed to be; yet we agreed upon every detail of the wonderful mirage. We counted the wooded islets; we pointed out to each other the beauty of the shrubbery and the symmetry of the waving palm trees; we remarked upon the sharp reflections of the branches in the clear water. Then, while we looked, the islands began to swim around, the bushes shrank together, the trees shifted their positions, the blue water faded into a misty white, old Hermon receded far into the background—and soon all that was left were two [ 186 ]


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THE GIANT STONES OF BAALBEK or three dusty palms bowing listlessly over the dry, brown earth in the sizzling heat.

I had always thought of Baalbek as a magnificent ruin in the midst of a wilderness; at best, I expected to find huddled beneath the temples a tiny hamlet like that at Palmyra. But as we came nearer to the spot of green about the columns, it grew larger and larger, and finally opened out into a prosperous looking town of five thousand inhabitants besides, as we discovered later, a garrison of Turkish soldiers and a host of summer visitors. The bazaars were busy and noisy, and the half-dozen hotels were filled with the cream of Syrian society. Gay young prodigals from Beirut clattered recklessly along on blooded mares, or lolled back in rickety barouches, talking French to pretty girls whose silk dresses were so nearly correct that our masculine eyes could not detect just what was the matter with them.

The German archæologists who were then excavating among the ruins told us that the hotel where we had planned to lodge was incorrectly constructed and would surely fall down some day, and advised us to take rooms at the more substantial building where they were dwelling. Here we found one of those typically cosmopolitan companies which add so much variety to life in Syria. Besides the Germans, there was a suave little Turkish gentleman, a very amiable Armenian lady, a radiantly beautiful Hungarian, an English "baroness" who did not  [ 187 ]


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SYRIA, THE LAND OF LEBANON where she had obtained this obsolete title, and a couple of those innocently daring American maiden-ladies who blunder unprotected through foreign countries whose languages they do not understand, and yet somehow never seem to get into serious trouble. Everybody but the American ladies spoke French, so we had several delightful evenings together. With the Armenian we discussed the recent massacres—when the Turkish gentleman was not by. The Hungarian lady discoursed heatedly upon the thesis that the Magyars are not subjects but allies of the Austrian Empire. The baroness told us thrilling tales of social and political intrigues on three continents, some of which we believed. The Germans interpreted enormous drawings of their excavations, and my traveling companion and I sang negro songs to the accompaniment of a tiny, wheezy melodion.

Baalbek is deservedly popular as a summer resort; for its elevation is nearly four thousand feet and, even in August, there are few uncomfortably warm days. In fact, the city has long borne the reputation of being the coolest in Syria. The Arab geographer Mukadassi, who lived in the tenth century, wrote that "among the sayings of the people it is related how, when men asked of the cold, 'Where shall we find thee?' it was answered, 'In the Belka,' and when they further said, 'But if we meet thee not [ 188 ]


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THE GIANT STONES OF BAALBEK there?' then the cold answered, 'Verily, in Baalbek is my home.'"

The most attractive features of the city, next to its refreshing climate, are its unusual number of shaded streets and its copious supply of pure, cold water. Both of these are somewhat rare in Syria. In this land of generous orchards, there are very few shade-trees; and during the long, rainless summer the flow of the springs is usually husbanded with great care. In Baalbek, however, the water is allowed to run everywhere in almost reckless abundance. It gushes out of a score of fountains; it drives the mills, waters the gardens and rushes alongside the streets in swift, clear streams. Our own supply for drinking was drawn from one of the springs; but we were told that even the water in the deep roadside gutters was clean and healthful.

On account of the natural advantages of its situation, it is probable that Baalbek has been in existence ever since the time when men first began to build cities. The sub-structures of the acropolis are literally prehistoric, that is, they antedate anything that we know at all certainly about the history of the place. In the Book of Joshua we find three references to "Baal-gad in the valley (Hebrew, Bika') of Lebanon," but the identification of this place with Baalbek is far from certain. The Arab [ 189 ]


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SYRIA, THE LAND OF LEBANON geographers of the twelfth century, who were tremendously impressed by the grandeur of the ruins and the fertility of the surrounding district, believed that the larger temple was built by Solomon, who also had a magnificent palace here, and that the city was given by him as a dowry to Balkis, Queen of Sheba. Benjamin of Tudela, a Spanish rabbi who visited Syria in the year 1163, wrote that when Solomon was laying the heaviest stones, he invoked the assistance of the genii.

It may possibly be that the foundations are even older than the time of Solomon; but there is no historical notice of the city which goes back of the Roman period. Coins of the first century A. D. indicate that it was then a colony of the Empire and was known as Heliopolis, the Greek translation of the Semitic name Baalbek.

During the early centuries of our era Heliopolis became exceedingly prosperous and, indeed, famous. The emperor Antoninus Pius is said to have erected here a temple to Jupiter which was one of the wonders of the world, and coins struck in Syria about 200 A. D., in the reign of Septimius Severus, bear the representations of two temples. During this period the worship of Baal became popular far beyond the borders of Syria, and the Semitic sun-god was identified with the Roman Jupiter. The empress of Severus was daughter of a priest of Baal at Homs, only sixty miles north of Baalbek. When [ 190 ]


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THE GIANT STONES OF BAALBEK her nephew Varius usurped the throne, he assumed the new imperial title of "High Priest of the Sun-God" and erected a temple to that deity on the Palatine Hill. At Baalbek itself the worship was accompanied by licentious orgies until the conversion of Constantine the Great, who abolished these iniquitous practices, erected a church in the Great Court of the Temple of the Sun, and consecrated a bishop to rule over the still heathen inhabitants of the new see.

Since then, the history of Baalbek has been parallel to that of every other stronghold in Syria, a history of battles and sieges and massacres and a long succession of conquerors with little in common except their cruelty. When the Arabs captured the city in the seventh century, they converted the whole temple area into a fortress whose strategic position, overlooking the Bika' and close to the great caravan routes, enabled it to play an important part in the wars of the Middle Ages. Many a great army has battered at this citadel. Iconoclastic Moslems have done all they could to deface its carvings and statues, earthquake after earthquake has shaken the temples, scores of buildings in the present town have been constructed from materials taken from the acropolis,  [ 191 ]


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member who introduced the series to make the next motion, even though another has risen first and addressed the chair. In fact no other main motion is in order until the assembly has disposed of the series. Thus, the motion to lay on the table, properly used, is designed to lay aside a question temporarily, in order to attend to some more urgent business, and, therefore, if a question is laid on the table, the one who moved to lay it on the table, if he immediately claims the floor, is entitled to it to introduce the urgent business even though another has risen first. So, when the rules are suspended to enable a motion to be made, the mover of the motion to suspend the rules is entitled to the floor to make the motion for which the rules were suspended, even though another rose first. When a member moves to reconsider a vote for the announced purpose of amending the motion, if the vote is reconsidered he must be recognized in preference to others in order to move his amendment, (b) If, when no question is pending and no series of motions has been started that has not been disposed of, a member rises to move to reconsider a vote, or to call up the motion to reconsider that had been previously made, or to take a question from the table when it is in order, he is entitled to the floor in preference to another that may have risen slightly before him to introduce a main motion, provided that when some one


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SYRIA, THE LAND OF LEBANON and cornices have been robbed of the iron clasps that held their stones together, and for many years the Great Court was choked with the slowly accumulating debris of a squalid village which lay within its protecting walls.

Yet neither iconoclast nor sapper, artilleryman nor peasant, has been able to destroy the majesty of the temples of Baalbek. The malice of the image-breaker cannot tumble down thousand-ton building-blocks and grows weary in the effort to deface cornices eighty feet above him. Mosques and khans, barracks and castle walls have been built out of this immense quarry of ready-cut stone, yet the supply seems hardly diminished. The cannonballs of the Middle Ages fell back harmless before twenty feet of solid masonry, and only God's earthquake has been able to shake the massive foundations of the Temple of Baal.

The old walls of the acropolis provide many a tempting place for an adventurous clamber. Beside the main gateway at the eastern end you can ascend a winding stairway, half-choked with rubbish; then comes some hard climbing over broken portions of the upper fortifications and a bit of careful stepping around a narrow ledge on the outside of a turret. But it is well worth a little exertion and risk to reach the top of this majestic portal, where you can lie lazily among great piles of broken [ 192 ]


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 rises before him he, on rising, states the purpose for which he rises. If members, rising to make the above mentioned motions, come into competition they have the preference in the order in which these motions have just been given; first, to reconsider, and last, to take from the table. When a motion to appoint a committee for a certain purpose, or to refer a subject to a committee, has been adopted no new subject (except a privileged one) can be introduced until the assembly has decided all of the related questions as to the number of the committee, and as to how it shall be appointed, and as to any instructions to be given it. In this case the one who made the motion to appoint the committee or refer the subject to a committee has no preference in recognition. If he had wished to make the other motions he should have included them all in his first motion. From the decision of the chair in assigning the floor any two members may appeal,* one making the appeal and the other seconding it. Where the chair is in doubt as to who is entitled to the floor, he may allow the assembly to decide the question by a vote, the one having the largest vote being entitled to the floor. If a member has risen to claim the floor, or


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has been assigned the floor, and calls for the question are made, or it is moved to adjourn, or to lay the question on the table, it is the duty of the chair to suppress the disorder and protect the member who is entitled to the floor. Except by general consent, a motion cannot be made by one who has not been recognized by the chair as having the floor. If it is made it should not be recognized by the chair if any one afterwards rises and claims the floor, thus showing that general consent has not been given.

In Order When Another Has the Floor. After a member has been assigned the floor he cannot be interrupted by a member or the chairman, except by (a) a motion to reconsider; (b) a point of order; (c) an objection to the consideration of the question; (d) a call for the orders of the day when they are not being conformed to; (e) a question of privilege; (f) a request or demand that the question be divided when it consists of more than one independent resolution on different subjects; or (g) a parliamentary inquiry or a request for information, that requires immediate answer; and these cannot interrupt him after he has actually commenced speaking unless the urgency is so great as to justify it. The speaker (that is, the member entitled to the floor) does not lose his right to the floor by these interruptions, and the interrupting member does not obtain the floor thereby, and


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THE GIANT STONES OF BAALBEK and watch the long shadows of the setting sun creep over what have been called "the most beautiful mass of ruins that man has ever seen and the like of which he will never behold again."

Our superlative expressions are prostituted to such base uses that it is hard to find words to picture adequately these colossal structures. To say that they are most majestic, gigantic, stupendous, is only to trifle with terms. The mere partition-wall beneath us is nineteen feet thick, a single stone in one of the gate-towers is twenty-five feet long, and the entrance stairway, now half-buried beneath an orchard, is a hundred and fifty feet wide. Everything about us is immense; yet the parts are so nicely proportioned that at first their size does not seem very unusual. The German archaeologists warned me against jumping carelessly from one stone to another. "The distance between them will be greater than you think." You have to revise your ordinary judgments of perspective before you can realize that yonder little alcove in the Great Court is as big as an ordinary church, or can make yourself believe that the outlines of the Temple of the Sun enclose an area as large as that of Westminster Abbey, or can break the habit of thinking condescendingly of the "Smaller Temple"—which is one of the finest Græco-Roman edifices in existence. Suddenly you see the acropolis in its real immensity and beauty, and then you  [ 193 ]


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 after they have been attended to, the chair assigns him the floor again. So, when a member submitting a report from a committee or offering a resolution, hands it to the secretary to be read, he does not thereby yield his right to the floor. When the reading is finished and the chair states the question, neither the secretary nor any one else can make a motion until the member submitting the report, or offering the resolution, has had a reasonable opportunity to claim the floor to which he is entitled, and has not availed himself of his privilege. If, when he submitted the report, he made no motion to accept or adopt the recommendations or resolutions, he should resume the floor as soon as the report is read, and make the proper motion to carry out the recommendations, after which he is entitled to the floor for debate as soon as the question is stated. 4. Motions and Resolutions. A motion is a proposal that the assembly take certain action, or that it express itself as holding certain views. It is made by a member's obtaining the floor as already described and saying, "I move that" (which is equivalent to saying, "I propose that"), and then stating the action he proposes to have taken. Thus a member "moves" (proposes) that a resolution be adopted, or amended, or referred to a committee, or that a vote of thanks be extended, etc.; or "That it is the sense of this meeting


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THE GIANT STONES OF BAALBEK ; they are vast and massive like those of Thebes, but far excel them in airiness and grace."

From the entrance stairway at the east to the Great Temple at the west, the arrangement is grandly cumulative. Each succeeding architectural feature is larger and more beautiful than that which precedes it. As you view the acropolis from above the portico, your eye is drawn on and on, past the symmetrical forecourt and the great Court of the Altar, under delicately chiseled arches and graceful cornices, through the Triple Gate and the temple portal, up to the culmination of it all—the six tall columns which still rise above the ruins of the Temple of the Sun. No! this is not yet the climax of the glories of Baalbek; for beyond those slender shafts the hoary head of Lebanon, towering far into the sky, at once dwarfs and dignifies, enslaves and ennobles, the puny massiveness of the sanctuary of Baal.

The Great Court, or "Court of the Altar," is littered with sculptured stones—pedestals of statues, inscriptions in Greek and Latin, broken columns, curbs of old wells and fragments of fallen cornices. On each side of the few remains of the Basilica of Constantine are Roman baths, which are carved in a graceful, profuse manner, very like those at Nîmes in southern France.

The sculptors seem to have worked in three shifts. The first were mere stone-cutters who removed  [ 195 ]


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 (or assembly) that industrial training," etc. Every resolution should be in writing, and the presiding officer has a right to require any main motion, amendment, or instructions to a committee to be in writing. When a main motion is of such importance or length as to be in writing it is usually written in the form of a resolution; that is, beginning with the words, "Resolved, That," the word "Resolved" being underscored (printed in italics) and followed by a comma, and the word "That" beginning with a capital "T." If the word "Resolved" were replaced by the words "I move," the resolution would become a motion. A resolution is always a main motion. In some sections of the country the word "resolve" is frequently used instead of "resolution." In assemblies with paid employees, instructions given to employees are called "orders" instead of "resolutions," and the enacting word, "Ordered" is used instead of "Resolved." When a member wishes a resolution adopted, after having obtained the floor, he says, "I move the adoption of the following resolution," or "I offer the following resolution," which he reads and hands to the chair. If it is desired to give the reasons for the resolution, they are usually stated in a preamble, each clause of which constitutes a paragraph beginning with "Whereas." The preamble is always amended last, as changes in the resolution may require changes in the preamble.


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SYRIA, THE LAND OF LEBANON material, shaping a hemisphere where a head was to appear in bas-relief, and indicating the rough outlines of leaves and flowers. The second set of workmen carved the design more carefully, leaving it for the third, the master-artists, to give the final touches. In the temple baths we can see traces of the work of all three classes. One part of the carving is finished to the last crinkle of a rose leaf; another is but roughly blocked out by a mere artisan. It seems that the full plan for the courts was never carried to completion. Some think, indeed, that the only portion of the Great Temple itself which was finished was the peristyle.

A little to the southwest of the Court of the Altar stands the Temple of Bacchus. This suffers the fate of great men whose fame is eclipsed by that of their greater brothers. Yet this "Smaller Temple," as it is commonly called, is larger than the Parthenon, and is surpassed in the beauty of its architecture by no other similar edifice outside of Athens. It was originally surrounded by forty-two columns, each fifty-two and a half feet in height. A number of these have been overthrown by earthquakes and cannonballs, but on the north side the peristyle is still nearly perfect. One of the columns on the south side has fallen against the temple, yet, although made up of three drums, the parts are held so firmly together by iron clamps that it has broken several stones of the wall without itself coming to pieces. [ 196 ]


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 that he had probably seen the original manuscripts. In his list No. 1 is ‘Super Sententias Lombardi, lib. 4,’ with the catch words ‘Utrum theologia sit scientia,’ of which Leland only gives ‘Utrum theologia.’ No. 2 is ‘quæstiones ordinarias, lib. 1.’ This is apparently identical with Leland's ‘Quæstionum libri 3,’ for while Leland gives the catchwords ‘Utrum relationes,’ Bale adds to those words ‘in divinis.’ Leland's No. 3 is intituled by Bale ‘Determinationes theologiæ lib. 1.’ To this work Leland appends no catchwords, but Bale ‘Utrum efficaci ratione possit.’ The catchwords of No. 4 run in Bale, ‘In disputatione de quolibet.’ In No. 5 both agree. Bale then adds 6. ‘Conclusiones Disputabiles, lib. 1.’ ‘Quod Quidditas Rei Naturalis.’ 7. ‘Pro cursu Scripturæ Sacræ, lib. 1.’ 8. ‘De Ecclesiastica Potestate, lib. 1.’ 9. ‘Sermones 60, lib. 1.’ 10. ‘Lecturas in Theologia, lib. 1.’ 11. ‘Contra Ockamum quoque in gratiam Romani pontificis aliqua scripsisse dicitur.’ Pits apparently appropriates Bale's list, with the exception that he identifies the treatise ‘De Ecclesiastica Potestate’ with the writings ‘contra Ockamum.’ The ‘Paradisus’ evidently borrows from Pits. The silence of his contemporaries attests that Walsingham's writings exercised no influence on his age.

Among the manuscripts in the possession of C. C. C. Oxon. is one intituled ‘Joannis Walsyngham quæstiones octo disputatæ apud Cantabrigiam et Norwicum.’ It begins ‘Utrum sola via fidei certificat.’ It is apparently in two hands. Possibly the first of these is the handwriting of Walsingham himself, for it follows, and is in the same hand as, a sermon of [q. v.], a contemporary of Walsingham, preached at Avignon during Walsingham's residence in that city.

WALSINGHAM, THOMAS (d. 1422?), monk and historian, is stated by Bale and Pits to have been a native of Norfolk. This is probably an inference from his name. From an early period he was connected with the abbey of St. Albans, and was doubtless at school there. An inconclusive passage in his ‘Historia Anglicana’ (i. 345) has been taken as evidence that he was educated at Oxford. The abbey of St. Albans, however, maintained particularly close relations with Oxford, sending its novices to be trained at St. Alban Hall and its monks at Gloucester College (, City of Oxford, ed. 1890, ii. 255). It is probable, therefore, that Walsingham was at the university. Subsequently, as the register book of benefactors of St. Albans Abbey preserved in Corpus Christi College, Cambridge, shows, he held in the abbey not only the office of precentor, implying some musical education, but the more important one of scriptorarius, or superintendent of the copying-room. According to the register it was under Thomas de la Mare [q. v.], who was abbot from 1350 to 1396, that he held these offices. Before 1388 he compiled a work (‘Chronica Majora’) well known at that date as a book of reference. In 1394 he was of standing sufficient to be promoted to the dignity of prior of Wymundham. He ceased to be prior of Wymundham in 1409 and returned to St. Albans, where he composed his ‘Ypodigma Neustriæ, or Demonstration of Events in Normandy,’ dedicated to Henry V, about 1419. His ‘Historia Anglicana,’ indeed, is carried down to 1422, though it remains a matter of controversy whether the latter portion is from his pen. Nothing further is known of his life. Pits speaks of Walsingham's office of ‘scriptorarius’ at St. Albans Abbey as that of historiographer royal (regius historicus), and as bestowed on Walsingham by the abbot at the instance of the king. This king, according to Bale and Pits, was Henry VI, for both of them assert that Walsingham flourished A.D. 1440. The title of historiographer royal has probably no more basis than Bale's similar story of [q. v.] Bale makes his case worse by adding that Walsingham was the author of a work styled ‘Acta Henrici Sexti.’ This is now unknown. If the ‘Chronica Majora’ was written, as must be supposed, at the latest not long after 1380, Walsingham must have been of exceptional age for that period in 1440. It is quite inconceivable that he can have been writing histories after 1461, the virtual close of Henry VI's reign. The ‘Acta regis Henrici Sexti’ is therefore probably apocryphal, and Bale and Pits have post-dated Walsingham.

Recent research conjecturally assigns to Walsingham the following six chronicles: (1) ‘Chronica Majora,’ now lost, written before 1388.

(2) The ‘Chronicon Angliæ’ from 1328 to 1388, edited by Mr. (now Sir) E. M. Thompson in the Rolls Series in 1874. This was previously known to have been compiled


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 by a monk of St. Albans, but had escaped attention by being erroneously catalogued as Walsingham's ‘Ypodigma Neustriæ.’ The ‘Chronicon’ ranges from 1328 to 1388. The actions and motives of John of Gaunt are bitterly assailed in the ‘Chronicon,’ and it is evident that on the accession of Henry IV the ‘scandalous chronicle,’ as its editor calls the ‘Chronicon,’ was suppressed by the monks of St. Albans, fearful of the consequences of publishing these attacks upon the king's father, and its place was taken by the ‘Chronicle of St. Albans,’ No. 4 infra. Very few manuscripts of it have therefore survived. Two shorter forms of this ‘Chronicon’ exist in a Bodleian manuscript (316) written soon after 1388, and in the Cottonian MS. Faustina B. ix. In these a passage occurs referring the reader for further particulars of Wat Tyler's rebellion to the (lost) ‘Chronica Majora’ of Thomas Walsingham at St. Albans.

(3) Between 1390 and 1394, when he left St. Albans, Walsingham compiled the ‘Gesta Abbatum,’ a history of the abbots of St. Albans from its foundation by Offa. As in his other works, Walsingham took the early part of the history from the writings of previous chroniclers, particularly of Matthew Paris, the great St. Albans chronicler. The portion beginning with 1308 is his original composition. It is only brought down to 1390, probably because of Walsingham's promotion to Wymundham, though he intimates his intention of bringing it down to the death of Abbot Thomas de la Mare in 1396. This was done by a continuator. The ‘Gesta Abbatum’ was edited for the Rolls Series in 1867–9 in 2 vols.

(4) A chronicle extant in Brit. Mus. Royal MS. 13 E ix. ff. 177–326, which has no title, but from the fact that it was written and preserved at St. Albans is commonly called ‘The St. Albans MS.’ or ‘Chronicle.’ It was compiled in or soon after 1394, its last date being 1393. It covers the period 1272 to 1393, incorporating successively the chronicles of Matthew of Westminster, Adam Murimuth, the continuation of Trivet's ‘Annales,’ John Trokelowe, and others. Its text agrees with the ‘Chronicon Angliæ’ (No. 2 supra) to 1369. From this point it varies frequently from the ‘Chronicon,’ and at almost all points it tones down the ‘Chronicon's’ unfavourable comments on the action and character of John of Gaunt. The ‘Historia Vitæ et Regni Ricardi Secundi’ published by Hearne in 1729 was largely borrowed from this ‘St. Albans MS.’

Upon the basis of this chronicle is founded the (5) ‘Historia Anglicana,’ also designated by early writers ‘Historia Brevis,’ which comprises the years 1272 to 1422. After a critical examination of the ‘Historia Anglicana,’ Mr. Riley comes to the conclusion that only of the portion extending from 1377 to 1392 is Walsingham the author. The grounds for this conclusion are, in short, (1) that the last period into which the work may be divided (1393–1422) contains a far larger number of petty inaccuracies than the fifteen years 1377–92; (2) that for some time after 1392 the history is ‘less full and satisfactory;’ and (3) differences of style. With this conclusion Sir E. M. Thompson agrees. On the other hand, Mr. Gairdner suggests that an explanation of the defects of the later portion may be found in the circumstance that in 1394–1400 Walsingham was absent from St. Albans as prior of Wymundham. The ‘Ypodigma Neustriæ,’ which is admitted on all hands to be by Walsingham, also contains a considerable number of inaccuracies, and these may possibly have crept both into this work and the latter part of the ‘Historia Anglicana’ owing to the approach of old age. Lastly, as far as 1419 the ‘Historia Anglicana’ is frequently word for word the same as the ‘Ypodigma Neustriæ.’ Walsingham's ‘Historia Anglicana’ was first printed as ‘Historia brevis Angliæ ab Eduardo I ad Henricum V’ (London, 1594, fol.); another edition, by W. Camden, Frankfort, 1603, 4to. It was edited by Mr. Riley for the Rolls Series in 1863 (2 vols.).

A chronicle which is chiefly an abridgment of the ‘Historia Anglicana,’ and is also attributed to Walsingham, exists in the Bodleian Library (Rawl. MS. B. 152), and at Trinity College, Dublin (E. 5, 8). It begins in 1342 and ends at 1417, and contains a note referring to the ‘Polychronicon,’ the name by which the ‘Historia Anglicana’ is sometimes known. This abridgment of the ‘Historia Anglicana’ is doubtless the work by Walsingham which Bale entitles the ‘Auctuarium Polychronici’ (1342 to 1417).

(6) The ‘Ypodigma Neustriæ,’ like the ‘Historia Anglicana,’ is a compilation. Its object was to provide Henry V with an instructive summary of the history of his predecessors, the dukes of Normandy, and to furnish an historical justification of his invasion of France. Its dedication was written after the conquest of Normandy, completed by the surrender of Rouen in January 1419. But the portion allotted to Normandy (‘Neustria’) in the volume is comparatively small. From the time of Duke Rollo to the Norman conquest of England Walsingham borrows from the ‘Historia Normannorum’ of William of Jumièges. His other authorities are Ralph de Diceto [q. v.], William of Malmes-


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 In moving the adoption of a resolution the preamble is not usually referred to, as it is included in the resolution. But when the previous question is ordered on the resolution before the preamble has been considered for amendment, it does not apply to the preamble, which is then open to debate and amendment. The preamble should never contain a period, but each paragraph should close with a comma or semicolon, followed by "and," except the last paragraph, which should close with the word "therefore," or "therefore, be it." A resolution should avoid periods where practicable. Usually, where periods are necessary, it is better to separate it into a series of resolutions, in which case the resolutions may be numbered, if preferred, by preceding them with the figures 1, 2, etc.; or it may retain the form of a single resolution with several paragraphs, each beginning with "That," and these may be numbered, if preferred, by placing "First," "Second," etc., just before the word "That." The following form will serve as a guide when it is desired to give the reasons for a resolution:

Whereas. We consider that suitable recreation is a necessary part of a rational educational system; and

Whereas, There is no public ground in this village where our school children can play; therefore,

Resolved, That it is the sense of this meeting that ample play grounds should be immediately provided for our school children.

Resolved, That a committee of five be appointed


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THE GIANT STONES OF BAALBEK Intricate stone-cut tracery runs riot over the double frieze, the fluted half-columns and niches, and the variously shaped panels which form the roof of the peristyle. There are flowers and fruits and leaves, vines and grapes and garlands, men and women, gods and goddesses, satyrs and nymphs, and the youthful god himself, surrounded by laughing bacchantes. Most elaborate of all is the carving around the lofty central portal, which is probably more exquisite in detail than anything else of its kind in existence. The door-posts are forty feet high, yet they are chiseled with such a delicacy that they seem almost as light as a filigree of Damascus silver-work. Upon the under side of the lintel a great eagle holds a staff in its claws, while from its beak droop long garlands of flowers, the ends of which are held by genii.

Of the Temple of Jupiter-Baal, which was the principal structure of the acropolis, only six columns are now standing; but these six can be seen far up and down the Bika'. As you stand beside them and look up, the columns appear of tremendous bulk, as indeed they are; yet their proportions are so elegant that at a little distance they seem almost frail. When you view them from many miles away, they appear as tenuous as the strings of a colossal harp, awaiting the touch of Æolus himself to set them vibrating in tremendous harmony. Now the columns, crossed by the cornice above, resemble a titanic gate ready to [ 197 ]


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 by the chair to present these resolutions to the village authorities and to urge upon them prompt action in the matter.

As a general rule no member can make two motions at a time except by general consent. But he may combine the motion to suspend the rules with the motion for whose adoption it was made; and the motion to reconsider a resolution and its amendments; and a member may offer a resolution and at the same time move to make it a special order for a specified time. 5. Seconding Motions. As a general rule, with the exceptions given below, every motion should be seconded. This is to prevent time being consumed in considering a question that only one person favors, and consequently little attention is paid to it in routine motions. Where the chair is certain the motion meets with general favor, and yet members are slow about seconding it, he may proceed without waiting for a second. Yet, any one may make a point of order that the motion has not been seconded, and then the chair is obliged to proceed formally and call for a second. The better way when a motion is not at once seconded, is for the chair to ask, "Is the motion seconded?" In a very large hall the chair should repeat the motion before calling for a second in order that all may hear. After a motion has been made no other motion is in order until the chair has stated the


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question on this motion, or has declared, after a reasonable opportunity has been given for a second, that the motion has not been seconded, or has ruled it out of order. Except in very small assemblies the chair cannot assume that members know what the motion is and that it has not been seconded, unless he states the facts.

A motion is seconded by a member's saying, "I second the motion," or "I second it," which he does without obtaining the floor, and in small assemblies without rising. In large assemblies, and especially where non-members are scattered throughout the assembly, members should rise, and without waiting for recognition, say, "Mr. Chairman, I second the motion." Exceptions. The following do not require a second:*


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Rh she must catch the leopard. But she could not; but she spoils men.

In the country of Isoka a boy had a goat which was gravid; and one night it bore two kids. Then the town met and asked how he got a goat that bore two kids? For goats may not bear kids at night; and they said it must be killed. So the boy, who was poor, said “All right”; and the goat was killed and they cooked it and began to cut it up; and he went to gather seven medicine stones and put them in the pot and told the demi-god to whom the stones belonged: “Any goat that bears in the night, if they don’t kill her, you must.” Then he called the town, and they all ate the soup, and when they found the stones, they asked why they were there; and the boy told them; so now they kill the goats that bear two kids at night.

There were two men of Isoka who told each other stories after eating their fill; and each said he was the best sportsman; so they arranged to try. They went out with their bows and saw nothing; then they took their pipes, as they wanted to smoke. And Akigbe lighted his, and saw agboligbo (? bush buck) coming; so he took an arrow and shot with his pipe and killed it. Then Niemoti said, “What! You better than I!” So he took his bow and said he would kill a fly; and he aimed at its eye and hit it and the fly fell dead. Then Niemoti said, “I am better.”

Once there was a feast to a demi-god and one man went without waiting for the others and sat down and waited;

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6. Stating the Question. When a motion has been made and seconded, it is the duty of the chair, unless he rules it out of order, immediately to state the question — that is, state the exact question that is before the assembly for its consideration and action. This he may do in various ways, depending somewhat on the nature of the question, as illustrated by the following examples: "It is moved and seconded that the following resolution be adopted [reading the resolution];" or "It is moved and seconded to adopt the following resolution;" "Mr. A offers the following resolution [read]: the question is on its adoption;" "It is moved and seconded to amend the resolution by striking out the word 'very' before the word 'good';" "The previous question has been demanded [or, moved and seconded] on the amendment;" "It is moved and seconded that the question be laid on the table;" "It is moved and seconded that we adjourn." [Under each motion is shown the form of stating the question if there is any peculiarity in the form.] If the question is debatable or amendable, the chair should immediately ask, "Are you ready for the question?" If no one then rises he should put the question as described in 9. If the question cannot be debated or amended, he does not ask, "Are you ready for the question?" but immediately puts the question after stating it.

7. Debate. After a question has been


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216 then the priest asked why he was there alone; so he told him; and the priest said he must pay one goat. Next year all mashed their yams ready for the feast, and the man said he would go after all the others; so when he got there the priest said, “You are late; you pay one goat.” So he paid and said, “What am I to do? Early or late, I pay a goat; I am a poor boy; I have no one at my back.”

.

The grandfather of Ixreobo (the teller of the story) was a hunter and every day he killed antelope. One day he was waiting in the bush and heard two antelopes calling; and one said, “I hear you had kids last night.” So she said, “Yes, but before they grow up, Ixreobo will kill them.” So the man resolved that from that day on he would hunt no more.

Odumha (? hyena) and leopard were friends, and one day they went hunting and each killed plenty of game and collected it, and they met. When they sat down they said their loads were too heavy and agreed to cut up the animals; but odumha said he had no knife. Then the leopard said he could get one. And the leopard said he had no fire for cooking; and odumha said he could get some. So the leopard put out his claws and cut up the meat, and odumha looked and said, “How can he cut up meat without a knife?” Then odumha went to a big stone and burst it, and it turned into fire.

So odumha ran away saying: “Well, he can cut meat; I won’t let him cut me,” and the leopard ran away, saying: “He has made fire; I won’t let him burn me.” So they left the meat and ran, and since then odumha and leopard don’t see each other.

There was on Otwa hill a house full of doctors. One day Oboromoyi went away to work as a doctor, and he stayed

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stated by the chair, it is before the assembly for consideration and action. All resolutions, reports of committees, communications to the assembly, and all amendments proposed to them, and all other motions except the Undebatable Motions mentioned in 45, may be debated before final action is taken on them, unless by a two-thirds vote the assembly decides to dispose of them without debate. By a two-thirds vote is meant two-thirds of the votes cast, a quorum being present. In the debate each member has the right to speak twice on the same question on the same day (except on an appeal), but cannot make a second speech on the same question as long as any member who has not spoken on that question desires the floor. No one can speak longer than ten minutes at a time without permission of the assembly.

Debate must be limited to the merits of the immediately pending question — that is, the last question stated by the chair that is still pending; except that in a few cases the main question is also open to debate [45]. Speakers must address their remarks to the presiding officer, be courteous in their language and deportment, and avoid all personalities, never alluding to the officers or other members by name, where possible to avoid it, nor to the motives of members. [For further information on this subject see Debate, 42, and Decorum in Debate, 43.]


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Rh away three years, and all the people said he was dead; so his wives remarried; but three months later they saw him in the house without knowing how he came there, and he called the people and his (former) wives and all the quarters and said they had done evil. So he was vexed and took a spindle and put his wives inside; then he took the thread on the top and held it and threw the spindle up, and it stayed in the sky. Then he took Osun (a tutelary deity) and the whole town begged him to stay; but he said he had sent his people away, and put Osun under his arm and climbed the thread to the sky. As he was climbing, Osun was vexed and fell down, and the doctor saw that it fell in the house he had left. So he said: “As you are vexed, the people of this quarter who see you shall die.” So no one goes where Osun fell; it has gone into the ground. But the doctor reached the sky and came down again at Isebe, and sent people out to Edo and to Sabongida, and to Afuje and to other places. Since that time Isebe has been full of doctors.

Two men went out to steal yams and each made up a load. And when they reached the road at night they had to climb a hill; and on the way down the man behind took yams from the one in front and put them on his own load. So the man said: “How light my load has got”; but the other one said his load was heavy. When he found out what had happened, he said: “You steal my yams; but there are yams enough on the farm.” Which of them was the proper thief?

One snake has two heads; it is called elahomo-elahomo. One day this snake told his father-in-law he was coming to help him in his farm in seven days; the same day his

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 '''8. Secondary Motions.' To assist in the proper disposal of the question various subsidiary'' [12] motions are used, such as to amend, to commit, etc., and for the time being the subsidiary motion replaces the resolution, or motion, and becomes the immediately pending question. While these are pending, a question incidental to the business may arise, as a question of order, and this incidental [13] question interrupts the business and, until disposed of, becomes the immediately pending question. And all of these may be superseded by certain motions, called privileged [14] motions, as to adjourn, of such supreme importance as to justify their interrupting all other questions. All of these motions that may be made while the original motion is pending are sometimes referred to as secondary motions. The proper use of many of these is shown in 10. 9. Putting the Question and Announcing the Vote. When the debate appears to have closed, the chair asks again, "Are you ready for the question?" If no one rises he


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 will signify [or manifest] it in the same way [or manner]. The affirmative has it [or, The motion is adopted, or carried] and the resolution is laid on the table." The vote should always be announced, as it is a necessary part of putting the question. The assembly is assumed not to know the result of the vote until announced by the chair, and the vote does not go into effect until announced. As soon as the result of the vote is announced the chair should state the next business in order, as in the following example of putting the question on an amendment: "The question is on amending the resolution by inserting the word 'oak' before the word 'desk.' Those in favor of the amendment say aye; those opposed say no. The ayes have it and the amendment is adopted. The question is now [or recurs] on the resolution as amended, which is as follows: [read the resolution as amended]. Are you ready for the question?" The chair should never neglect to state what is the business next in order after every vote is announced, nor to state the exact question before the assembly whenever a motion is made. Much confusion is avoided thereby. The vote should always be taken first by the voice (viva voce) or by show of hands (the latter method being often used in small assemblies), except in the case of motions requiring a two-thirds vote, when a rising vote should be taken at first. When a


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 ehi (genius) came and asked when he would work for him, and he said, “In seven days.” So on the seventh day he said, “How did I make this mistake? My ehi will kill me; but I can’t go to elimi (heaven) or my father-in-law will take away my wife.” Hence this snake has two heads; it turned its faces one each way, and said it had done its best, and it escaped the palaver.

Ose wanted to send corn into the world, and found out how to cook it. He put it in a pot, and when it was cooked he asked it if it was done, and it said, “Yes.” So Ose put it on a fire and the corn began to shout, “Kata, kata, kata, kata.” And Ose said, “You are a thorough liar; you tell me you are done and now you begin to shout.” So from that day on people have said, “You are a bigger liar than the corn.”

Osalobwa had three sons, and he asked them their names; and the first said, “Ilekiado” (I go to the market to trade), and the second, “Ububo agagbe” (I can only farm), and the third, “Esezagazo” (sacrificer). So he told them to settle in one place, and they went to market and farmed and sacrificed. Then Osa called them to come and see him and I. and U. dressed in fine clothes. But E. had no clothes at all; and they sat down in their father’s house and he brought three yams—white, red and water yam. And inside the white yam he put people and cows and goats and a king’s sword; and he put the same inside the red yam; and in the water yam. And he also put three kola in each. So his sons saluted him and told him their names, and Osa said he wanted to see how they were getting on; but he had only three yams to give them. They were to come back again in seven days.

So they each took their yam in turn but I. and U. were

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 proceeds to put the question—that is, to take the vote on the question, first calling for the affirmative and then for the negative vote. In putting the question the chair should make perfectly clear what the question is that the assembly is to decide. If the question is on the adoption of a resolution, unless it has been read very recently, it should be read again, the question being put in a way similar to this: "The question is on the adoption of the resolution [which the chair reads]; those in favor of the resolution say aye; those opposed say no. The ayes have it, and the resolution is adopted;" or, "The noes have it, and the resolution is lost." Or, thus: "The question is on agreeing to the following resolution," which the chair reads, and then he continues, "As many as are in favor of agreeing to the resolution say aye;" after the ayes have responded he continues, "As many as are opposed say no. The ayes have it," etc. Or, "It is moved and seconded that an invitation be extended to Mr. Jones to address our club at its next meeting. Those in favor of the motion will rise; be seated; those opposed will rise. The affirmative has it and the motion is adopted [or carried]." Or, if the vote is by "show of hands," the question is put and the vote announced in a form similar to this: "It has been moved and seconded to lay the resolution on the table. Those in favor of the motion will raise the right hand; those


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Rh vexed and threw theirs away and went home; but E. picked them up and took a knife, and the yams said: “Take care.” But he said he must cut them; so the house came out and the cow and the goat; but he did not care; he cut up the yam and offered it. So people saluted him, and wives came out and washed him in a brass bath. And he cut up all three yams and became very rich.

In seven days I. and U. sent a messenger to E. to come, and he asked for E. by his real name; so E.’s people flogged the boy for insolence.

So the boy went back and explained that he had not seen E.; then I. and U. determined to go to the house of E., and they too were beaten for using E.’s real name; but E. stopped his people and gave his brothers chairs to sit upon, and they were astonished at his magnificence. Then E. took his bead coat and cap, and went with a drummer and many boys and sat down in his father’s place. And when Osa came out E. rose from the agba and offered his seat to Osa, who asked who his visitors were. When the matter was explained, Osa said: “I make Esezagazo king from this day; so he was king and Edo (Benin) and the others obeyed him.

All the yams were ready in elimi (heaven) to go to the world; when they reached the river Omi, they discussed to whose house they should go, and Asekme (white yam) said, “We will go to the head of the town”; but Asoko said, “No, we will go to the ogie”; and Olomuda said, “We will go to a rich man.”

Then Water Yam said, “I am the last son; it is no use to go to a big man; the man who will look after us and plant us, and clear away the grass and be kind to us, we will go to him.” So they agreed and went to the man, and saluted him and said, “Shake hands; you are sensible.” So when you see water yams, you find they have plenty of “hands” underneath (this refers to the shape).

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User talk:Ronan~enwikisource

RH in Page:Robert's Rules of Order - 1915.djvu/48 and others
Please note that the running header is put to the heading box. feydey (talk) 13:27, 8 October 2010 (UTC)

Thanks for the info. I'm getting the hang of it. --Ronan (talk) 18:34, 8 October 2010 (UTC)

and if you cannot find it here is a little text that I prepared earlier.

The mysterious Header toggle button
When proofreading in the Page: namespace and one has their toolbar turned on [ Gadgets, one will see the button button_category_plus.png, and clicking it toggles the header/footer on and off. In this space we put the relevant components for top and bottoms of pages by use of the template RunningHeader, so for example produces I personally have my header/footer set to open in the Page: namespace and I achieved this by activating that option in my Gadgets. — billinghurst  sDrewth  14:14, 17 January 2011 (UTC)

 * You are still adding the running header to the top of the body. Look for the button_category_plus.png to toggle the header and footer. We put that template inside the header field. — billinghurst  sDrewth  15:40, 17 January 2011 (UTC)

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Page:United States Reports, Volume 545.djvu/983

 Opinion of the Court supra, at 1162; 3 M. Nimmer & D. Nimmer, Copyright, §12.04[A] (2005).

B
Despite the currency of these principles of secondary liability, this Court has dealt with secondary copyright infringement in only one recent case, and because MGM has tailored its principal claim to our opinion there, a look at our earlier holding is in order. In Sony Corp. v. Universal City Studios, supra, this Court addressed a claim that secondary liability for infringement can arise from the very distribution of a commercial product. There, the product, novel at the time, was what we know today as the videocassette recorder or VCR. Copyright holders sued Sony as the manufacturer, claiming it was contributorily liable for infringement that occurred when VCR owners taped copyrighted programs because it supplied the means used to infringe, and it had constructive knowledge that infringement would occur. At the trial on the merits, the evidence showed that the principal use of the VCR was for “ ‘time-shifting,’ ” or taping a program for later viewing at a more convenient time, which the Court found to be a fair, not an infringing, use. Id., at 423–424. There was no evidence that Sony had expressed an object of bringing about taping in violation of copyright or had taken active steps to increase its profits from unlawful taping. Id., at 438. Although Sony’s advertisements urged consumers to buy the VCR to “ ‘record favorite shows’ ” or “ ‘build a library’ ” of recorded programs, id., at 459 (Blackmun, J., dissenting), neither of these uses was necessarily infringing, id., at 424, 454–455.

On those facts, with no evidence of stated or indicated intent to promote infringing uses, the only conceivable basis for imposing liability was on a theory of contributory infringement arising from its sale of VCRs to consumers with knowledge that some would use them to infringe. Id., at 439. But because the VCR was “capable of commercially significant noninfringing uses,” we held the manufacturer


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Rajasthan has long been established in the estimation of all qualified judges and in the affections of all Anglo-Indians as one of the few great classics produced since the establishment of British supremacy in India. And this position it will not easily lose in spite of its deficiencies from the point of view of modern scholarship. These can be made good, and are made good, in the present edition by Mr. Crooke, without in any way interfering with the essential merits of the work, which consist in the enthralling accounts of the tribes of Rajputana, their history real and legendary, and in the spirit of enthusiastic sympathy with a noble race which breathes through the whole book.

The great value of Tod’s work at the present day consists in the fact that its materials were collected in the early years of the nineteenth century, at a time when the traditions of the Rājput tribes were still preserved almost intact. These legends are not always in accordance with recorded history, but they give a faithful picture of the conditions under which the tribes were formed and developed, and of their settlement in the country to which they have given their name. The earlier legends are filled with incidents of the greatest folklore interest, which are not lacking even in those of later date, such as those relating to the struggle for independence with the Mughal Empire and to the devastating invasions of the Mahrattas. The correspondence with historical fact becomes Rh

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326 closer as time goes on, and in the later events the author himself took part and is a witness of first-class importance. And even in earlier times, when it is impossible to obtain absolute corroboration, yet it is clear that the traditions which have been handed down by the bards or orally are not unconnected with events which actually occurred.

For example, in the Annals of Mewar (Vol. I., p. 345), in the story of the adventures of Prithirāj, he is said to have taken refuge with Muzaffar the Sultan of Malwa. On this Mr. Crooke has noted that there was no contemporary Sultan of Malwa of this name. But on p. 361 we are told that Sultan Bahadur of Gujarat invaded Mewar to avenge the disgrace of the defeat and captivity of his predecessor, Muzaffar, taken, as Tod explained, “by Prithirāj and carried to Rana Raemall, who exacted a large sum of money and seven hundred horses as his ransom.” This also is impossible, as Sultan Muzaffar II. of Gujarat, who reigned from 1515 to 1525, was never taken prisoner, and Prithirāj died in 1508 while Raemall was still Rana. The king really taken prisoner was Sultan Mahmūd of Malwa. In 1517 the power in Malwa fell into the hands of a Hindu leader. Mahmūd was supported by Sultan Muzaffar of Gujarat, who took the capital city, Mandu. Rana Sanga of Mewar supported the Hindus, and in 1520 he defeated Sultan Mahmūd and carried him as a prisoner to Chitor, but treated him well, and finally released him. (See the Mirāt-i-Sikandari, Fazlullah’s translation, pp. 106, 107.) Under these circumstances the confusion between Muzaffar and Mahmud, and between Gujarat and Malwa, was natural, more especially as a few years later (1530) Malwa was conquered and annexed by Gujarat.

We have here therefore a confused memory of an actual event, and similar confusion occurred in other cases. The names of many of the Sultans of Delhi are mixed up and mis-dated, but in every case there is probably a reminiscence of an actual event. There was no doubt much exaggeration and some falsification by the tribal bards who desired to enhance the glory and reputation of the family to whose interests they were devoted. Such inaccuracy is to be expected, and is indeed

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Rh inevitable and universal in similar cases. Mr. Crooke has pointed out and corrected the mis-statements, and given the actual facts in his notes wherever it has been possible to do so, leaving Tod’s inimitable narrative and his notes intact. This is the only way to deal with a work of this kind, whose value does not depend upon historical accuracy but upon its vivid representation of the life and character of the Rajput race.

A considerable part of the work is occupied by Tod’s “Personal Narrative” of his travels and adventures in Rajasthan, and of the part he took as Political Agent in helping to settle the numerous feuds which had developed during the anarchical conditions of the eighteenth century, and in advocating the cause of the Rājputs and combating the policy of the Indian Government when he thought it unjust or injudicious. His early retirement from the service and the, neglect of the Government to recognize his merits may probably be attributed to this cause. The last thirteen years of his life were devoted to the composition of his great work, which perhaps without this period of comparative leisure would never have seen the light.

In spite of his numerous mistakes in philology or ethnology, due to the mistaken theories in vogue in his day, Tod’s keen instinct often led him to correct conclusions in spite of the theories. Mr. Crooke has pointed out that he arrived at the firm belief that the Rājputs were of Scythic origin, and that this belief is fully justified by the results of modern research, which tend to show that many of the more noble septs are descended from the Hūnas and Gurjaras and other invaders from Central Asia, and that the tales of divine or royal descent were invented after their gradual adoption into the Hindu confraternity. The importance of their connection with the primitive tribes of the country, such as the Bhīls and Mīnas, and of the part taken by these in investiture ceremonies, is also well brought out by Tod, and is of great value from the folk-lore point of view as accentuating the position held by these autochthonic tribes who were believed to have intercourse with and control over the mysterious powers of nature in their country.

The most interesting and fascinating part of Tod’s work is Rh

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 modification. Again, the LGPL stands in between, excusing compliance with the GPL’s copyleft condition in some circumstances.

Comparing the licenses’ effects along these two dimensions illuminates the underlying bias of contemporary copyright law in favor of proprietary production. Creating a commons of freely reusable works can be accomplished only with licenses that constrain the commons-defeating features of current law. The default positions of copyright law tend to reflect assumptions that emphasize individual production under a strongly proprietary regime. Those proprietary defaults have only strengthened over time. FOSS licenses inevitably reflect that underlying copyright regime even as they work to construct an alternative. The GPL, for example, aims to make FOSS works freely reusable by restricting behaviors (such as releasing software in binary-only form or incorporating it into proprietary products) that, although not forbidden by copyright law, inhibit the growth of the commons. The GPL backs its commons-creating mandates with the threat of liability for copyright infringement if they are breached, thereby cleverly inverting the proprietary architecture of copyright to preserve a domain free from proprietary control. BSD-style licenses, in contrast, impose fewer constraints on

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318 that in which he deals with the fortunes of the Sesodias of Mewār and the Rāthors of Mārwār. Here he is himself to the fullest extent; he enters into his subject con amore, and few readers can escape from the charm of his animated narrative.

The original edition of Rajasthan is scarce and expensive, and the Clarendon Press has done well to bring out this excellent edition. It is well-printed and in a convenient form, and the beautiful illustrations of the original, though reduced in size, are well reproduced.

It would have been impossible to find a better editor than Mr. Crooke, who is admirably qualified by his experience and his knowledge of the races of Northern India to deal with all the difficult points which are found in such a work, and he must be heartily congratulated on the result of his labours.

custom of the Australian natives of carving or blazing trees as a memorial has been well known, and has excited much interest among anthropologists. But, until the present work, no systematic account of the practice had been attempted. This work by the curator of the Australian Museum at Sydney, and issued by the Government, aims at supplying the deficiency.

The practice appears to be almost entirely confined to New South Wales, as a map with the sites indicated and numbered, which is appended to the book, will show. Mr. Etheridge, who has devoted much research to the facts and is particularly well qualified for it, divides the dendroglyphs into taphoglyphs, which surround and record graves, and teleteglyphs, which surround the site of a Bora, or initiation ceremony. From their very nature these memorials are liable to disappear by the accidental occurrence of a fire, by wilful destruction, such as no doubt many of them have suffered at the hands of settlers, or

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text: United States Statutes at Large/Volume 1/3rd Congress/1st Session/Chapter 47


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INDEX Dogs, 104

Dome of Victory, 88

Fame of, 90

Fertility, 92f

Gate of Allah, 115

Healthfulness, 70

History, 91

Jews, 118

Khans, 110

Kisan Gate, 117

Lepers, 117

Meidan, 114-116

Modern aspects, 91

Name, 90

Night noises, 105f

Omayyade Mosque, 89, 120-127

Population, 96n

Quarters, 118

Residences of rich, 111-113

St. Thomas' Gate, 106

Saladin, Tomb of, 119f

Street called Straight, 118f

Street calls, 101f

Water supply, 70

Damascus, Province of, 8

Death, River of, 4

Deir el-Kamr, 17

Der'a, 77

Diman, 164

Dog River, 4, 33-35 Caves of, 34f

Druse Massacres, 14-17, 78

Druse Mountain, 77f

Druses, 11-17, 78, 84, 115, 138

ed-Durazy, 11, 67

Earthquakes, 4, 32, 102

Eastern Mountains, see Anti-Lebanon Edrei, 77

Emesa, see Homs

Feruzi, 152, 154-156

Fish, Sacred, 203f

George, St., 27-29, 116

Ghuta of Damascus, 93

Greek Catholic Church, 9

Greek Orthodox Church, 9

Hama, 64, 211-218

Hamath, see Hama

Hamath, Entering In of, 152, 204

Hauran, 75-87

Hauran, Jebel, 77

Hejaz Railway, 76f, 81

Heliopolis (Baalbek), 190

Hermon, Mount, 7, 65-67, 77, 178

Hollow Syria, see Bika'.

Homs, 136, 152, 190, 205-208

Homs, Lake of, 205

Institutes of Justinian, 42

Islam, see Mohammedanism

Ismailians, 10

Jebail, 4

Jesus Christ, 12, 27, 67, 122, 170 Job, the Patriarch, 78-80

Kadisha River, 166, 174

Kanawat, 78 [ 222 ]


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Rh lastly by their own perishable nature in the long run. Consequently none of those now extant can be described as ancient: the great majority of them in fact have been made since the coming of the white man, as is conclusively proved by the evidence they bear of being executed with iron tools, though some were done with stone adzes. The taphoglyphs consist of more or less geometrical figures carved either in the bark or, after removal of the bark, on a portion of the surface of the tree, in the exposed sapwood. Rhomboids, chevrons, herring-bones, spirals, serpentine and other shapes are illustrated. The teleteglyphs tend to be more elaborate, even where only such figures are executed; but they often include outlines of animals, and sometimes even very rough outlines of the human form.

Mr. Etheridge has been at much pains to make his work complete by enumerating and where possible describing as well as illustrating every known example. And he has sought the meaning of the figures and the exact intention of the carvers, unfortunately with very little result. Scarcely any information could be obtained from the natives. They specified freely enough, when they knew it, the name of the person buried beside the taphoglyphs; but the meaning of the carved figures they either could not or would not tell. Little could be gleaned from a comparison of the dendroglyphs either with one another, or with the designs on wooden implements or weapons or on the skins used for clothing. The symbolism therefore remains unknown.

The teleteglyphs are slightly, and only slightly, more explicable. The author comes to the conclusion about them that “the zoomorphous designs are in all probability totemic; but amongst the quasi-geometrical figures it is not easy to distinguish between totemic and non-totemic glyphs. If the former are admitted to be of a totemic nature, then it follows that certain specific animals were totems in more than one, and possibly in several tribes, or sub-tribes, of a nation.” This is of course probable. It seems moreover that some of the designs were specially intended to represent the food forbidden to young men after initiation. Some of the anthropomorphic designs were stated to represent Daramulun or Baiame, both

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330 supernatural beings who interest themselves in the initiation ceremonies.

The distribution of the teleteglyphs generally coincides with that of the taphoglyphs; but judging by the map it extends much nearer to the coast. Whether this is because of the disappearance from various causes of the taphoglyphs Mr. Etheridge does not say. He is of opinion that the custom of making teleteglyphs was centred within the boundaries of the group of tribes of which the Wiradjuri and Kamilaroi were the centre, that it was "apparently filtering through to contiguous districts more or less open to the influence of those nations," and that nearly half of the sites are within the area ascribed by Howitt to the four-matrimonial-sub-class organization. What may be the meaning of this combination of elements of culture is another question; but it may turn out to be important in further investigation.

The attention of students interested not merely in the problems of Australian anthropology, but in early culture generally, should be directed to this work, the product of much careful research and illustrated with so many splendid illustrations. In years to come it will remain as the only record of these efforts of native art, beyond the few specimens preserved in museums, of which the best collection is happily in the Australian Museum under Mr. Etheridge’s own care.

large work of 450 quarto pages aims at collecting under various headings all that is said or implied in the Indian epics about women. The sections are: The Girl, Limits and Methods of Marriage, Wedding Ceremonies, Married Life, the Mother, Sexual Relations (in some detail), Chastity, Courtezans, Love, the Wife, the Physiology of Generation, Child-birth, the Housewife, the Widow, Woman in Misfortune, the Ideal Woman,

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 Dinorben, in 1828 (Denbigh, 2 vols. 4to). His ‘Dissertation on the Welsh Language’ was appended to each edition. It was previously published separately at Cowbridge in 1771, and was probably the first book ever printed in Glamorgan.

Besides the works mentioned, Walters was the author of: 1. Two Welsh sermons, to which was added an inquiry, written from an Arminian standpoint, into the doctrines of election and predestination (Cowbridge, 1772, 8vo; 2nd edit. 1803; 3rd edit. 1804). This work was translated into English by E. Owen of Studley, Warwickshire, in 1783. 2. ‘An Ode to Humanity’ (appended to a volume of his son's poetry, Wrexham, 1786, 8vo). Several of Walters's letters to Owen Jones (1741–1814) [q. v.] are preserved in the British Museum (Addit. MSS. No. 15024 to 15031), and Addit. MS. 15001 is a collection of early Welsh poems partly transcribed by him. Letters addressed by him to Edward Davies (1756–1831) are also preserved at the Cardiff public library.

Walters died on 1 June 1797, and was survived by one of his three sons, Henry, who became a printer at Cowbridge and died in 1829 (, Cambrian Bibliography, p. 650).

The eldest son, (1759–1789), poet, was born in 1759, and became a scholar of Jesus College, Oxford, whence he matriculated on 17 Dec. 1777. He served for a time as sub-librarian in the Bodleian Library, and graduated B.A. on 21 June 1781 and M.A. on 10 July 1784. He was appointed fellow of his college and first master of Cowbridge school, but in 1784 became headmaster of Ruthin school, being also rector of Efenechtyd in the same district. He died on 28 June 1789, leaving a widow and two daughters, one of whom, Hannah, brought out the third edition of her grandfather's dictionary. He was buried at Efenechtyd, where a monument, with a long Latin inscription by his father, was erected to his memory.

While still an undergraduate he published a volume of ‘Poems with Notes’ (commonly known as the ‘Bodleian Poems,’ Oxford, 1780, 8vo), written before the age of nineteen, and including a poem by a brother Daniel (1762–1787). Many of these poems were republished in Pryse's ‘Breezes from the Welsh Mountains’ (Llanidloes, 1858), and perhaps the best (‘Llewelyn and his Bards’) was printed in ‘Old Welsh Chips’ (1888, p. 298). His other works, apart from published sermons, were: 1. ‘Translated Specimens of Welsh Poetry in English Verse, with some Original Pieces and Notes,’ London, 1772, 8vo. 2. ‘An Ode on the Immortality of the Soul, occasioned by the Opinions of Dr. Priestley; and Life: an Elegy,’ Wrexham, 1776, 8vo. He contributed many notes to the historical introduction of Jones's ‘Relicks of the Welsh Bards’ (1784, see note p. 7; cf. 2nd edit. 1794, p. 22), where it is also mentioned that he projected an edition of Llywarch Hên's poems, ‘with a literal [English] version and notes.’ A translation of one of that poet's elegies by Walters was printed in the third edition of the ‘History of Wales’ by William Warrington. For the Society of Royal British Bowmen, whose meetings he is said to have ‘often enlivened by his poetic talents in the character of poet laureate of the society,’ he edited a reprint of Roger Ascham's ‘Toxophilus: the Schole or Partitions of Shooting’ (Wrexham, 1778, 8vo; 2nd edit. Wrexham, 1821). He is said to have written a ‘Letter to Dr. Priestley,’ to which was added ‘A Discourse on the Natural Connection of Civil and Ecclesiastical Establishments.’ Several sermons by him were also published (, Memoir of Gabriel Goodman, 1855, p. 50, and App. K;, Cambrian Bibl. p. 602; , Enwogion Cymru, p. 975; , Lit. Anecd. viii. 122; , Alumni Oxon. 1715–1886, where, however, Walters is erroneously said to have lived much beyond 1789).

[Rowlands's Cambrian Bibliography, pp. 347, 528, 535, 616, 685; Ashton's Hanes Llenyddiaeth Gymreig, pp. 454–5; Red Dragon (1887), xi. 269; Catalogue Cardiff Welsh Library, pp. 503–4, and biographical notes (manuscript) in copies of Dictionary at the Library.]

WALTERS, LUCY (1630?–1658), mother of the Duke of Monmouth. [See .]

WALTHAM, JOHN (d. 1395), bishop of Salisbury and treasurer of England, was born at Waltham, near Grimsby, Lincolnshire. He was the son of John and Margaret Waltham, whose tomb still exists in the church of Waltham, bearing an inscription quoted in the ‘Archæological Journal’ (vii. 389). On 20 Nov. 1361 he became prebendary of Lichfield (, i. 603). In the same year he resigned the prebend of Dunham in the cathedral church of Southwell (ib. iii. 418), but he was prebendary of Rampton in Southwell till 1383 (ib. iii. 453). On 25 Oct. 1368 he was nominated prebendary of South Newbald in York Cathedral, and on 7 Oct. 1370 the appointment was ratified by the king (ib. iii. 205). On 20 Feb. 1378 he was presented to the church of St. Mary, South Kelsey, in the diocese of Lincoln, in the king's gift (Cal. Pat. Rolls, 1377–81, p.


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 124). By 20 May 1378 he had resigned that church, as on that date his successor was appointed (ib. p. 207). On 6 April 1379 Waltham was nominated to a canonry in the collegiate church of Chester-le-Street, Durham, but this appointment he did not take up, being elsewhere nominated (ib. p. 330). On 17 June ‘John de Watltham’ was presented to the church of Grendon in the diocese of Lincoln (ib. p. 354). In the same year, on 18 Sept., he was nominated to a canonry in the collegiate church of Auckland, Durham (ib. p. 367). On 27 Dec. 1379 he was presented to the rectory of St. Peter, Berkhampstead, which he resigned before 22 April 1381 (ib. pp. 408, 619). A ‘ratification of the estate of John de Waltham in the prebend of Bolinghope in Hereford Cathedral’ is dated 28 April 1380 (ib. p. 463).

On 8 Sept. 1381 ‘John de Waltham, king's clerk,’ was appointed during good behaviour keeper of the rolls of chancery (Cal. Pat. Rolls, 1381–5, p. 41). As in January 1385 he was made archdeacon of Richmond (, iii. 139), on 24 Feb. license was granted him to execute his office as master of the rolls by deputy whenever he visited his archdeaconry (Cal. Pat. Rolls, 1381–5, p. 539); he was appointed about the same time master of Sherborne Hospital in Dorset. On 27 April 1383, ‘at the request of John de Waltham,’ a patent was granted by which, after the death of William de Burstall, the preceding keeper, ‘the Domus Conversorum shall remain for ever to the clerk, keeper of the rolls in chancery for the time being, and be annexed to that office … with power to the chancellor of England or the keeper of the great seal for the time being, at every voidance to institute the successive keepers and put them in possession of the same’ (ib. p. 269). License was granted on 1 Dec. for Henry de Percy, earl of Northumberland, and Matilda, his wife, to enfeoff John de Waltham, clerk, and two others, with the castle and honour of Cockermouth (ib. p. 392). As keeper of the rolls in chancery, Waltham extended the jurisdiction of the court of chancery by the introduction of the writ of subpœna. Under Henry V the commons petitioned against this novelty, but the king refused to discontinue its use, which has survived to the present (Rot. Parl. iv. 84 a). On the discharge of the chancellor, Richard le Scrope (1327?–1403) [q. v.], Waltham was one of those to whom from 11 July to 10 Sept. 1382 the custody of the great seal was entrusted. Again, from 9 Feb. to 28 March 1386 he, together with two clerks of chancery, was responsible for the great seal. From 23 April to 14 May in the same year he acted alone in the same capacity. Before 6 Nov. 1381 John resigned the prebend of Langley in the collegiate church of Lanchester, Durham (Cal. Pat. Rolls, 1381–5, p. 47). On 18 Oct. 1383 he was granted the prebend of Cristeshale in the king's free chapel of St. Martin's-le-Grand, London (ib. p. 345). In a record under 2 Dec. 1383 (ib. p. 343), Waltham is referred to as ‘parson of Hadleigh in Suffolk.’ In this same year he was appointed prebendary of Southcave in the church of St. Peter's, York, and the appointment was ratified by the king on 15 Jan. 1385 (ib. p. 518), and again on 30 Sept. 1387 (, iii. 211). On 19 Aug. 1384 the chapel of St. Leonard, Clyn, in Flint, was granted him for life (ib. pp. 452, 457).

Waltham resigned the mastership of the rolls on 24 Oct. 1386, and was appointed keeper of the privy seal (Rot. Parl. iii. 229). He was one of the commissioners for the trial in May 1388 of Alexander Neville, archbishop of York, Robert de Vere, earl of Oxford and duke of Ireland, Michael de la Pole, earl of Suffolk, and others (ib. iii. 229 a). As keeper of the privy seal he, with the chancellor and the treasurer, had power to survey the courts of chancery, both benches, the exchequer, and the receipt, and to remove inefficient officers therefrom (ib. iii. 250 a). A writ was issued to him when bishop of Salisbury to stop the collection of new papal impositions (ib. iii. 405 b).

On 3 April 1388 Waltham was papally provided to the bishopric of Salisbury (, Fasti, ii. 601;, p. 106). On 13 Sept. the temporalities were restored to him, and the next day he received the spiritualities. He was consecrated at Barnwell Priory, near Cambridge (, Fasti, ii. 601;, Reg. Sacrum Angl. p. 60). Immediately after this a commission was issued by John Maydenhith, dean of Chichester, to act as his vicar-general, and two suffragans were commissioned to perform the episcopal functions. Waltham's frequent absences in London made these devices necessary. In the disputes between king and people Waltham was usually on the royal side.

Waltham was one of the bishops who resisted the claim of Archbishop Courtenay to visit his diocese, and pleaded that the right of visitation had lapsed with the death of Urban VI, who had granted bulls empowering the archbishop to hold it. He tried to strengthen his position by procuring from Boniface IX an exemption for himself and his diocese. But Courtenay declared his right to be independent of papal permission or prohibition, and proceeded with the visitation.


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 He threatened Waltham with excommunication. Two days afterwards Waltham yielded (, De Præsulibus, 1743, pp. 348, 349).

In 1390 Waltham himself got into similar difficulties with the chapter of Salisbury, which resisted his visitatorial authority. Finally, the king intervened, and an agreement was drawn up between the bishop and chapter, and confirmed by Boniface IX, which permanently settled the mode, duration, and precise limits of the episcopal jurisdiction over the chapter. By this agreement visitations of the cathedral could be held only septennially.

Waltham was made treasurer of England in May 1391 (, De Præsulibus, 1743, p. 348;, Polychronicon, ix. 247; , Const. Hist. ii. 508). The Monk of Evesham (p. 123) gives the date of appointment as the beginning of October. Waltham held this office till his death. His acts as treasurer, no less than as bishop or as keeper of the rolls, were unpopular. A complaint was made against the ‘novelty’ of his causing certain cloths to be sealed (Rot. Parl. iii. 437 b, 541 b). Complaints also were made of excessive prisage of wines taken at his order (ib. pp. 446 b, 477 b).

Waltham died on 17 Sept. 1395. Richard II honoured him in death as in life, and ordered his tomb to be erected among the kings in Westminster (, Fasti, ii. 601;, Hist. Angl. ii. 218; , De Præsulibus, 1743, p. 348). The king overruled by costly presents the objections of the monks to the burial of Waltham in the royal chapel. A fine brass still remains in St. Edward's Chapel representing Waltham in full canonicals. This brass is one of very few remaining from the fourteenth century. He is the only person not of royal blood who is honoured with a tomb among our kings and queens (, Annals of Westminster Abbey, p. 89). His will, dated on 2 Sept. 1395, was proved on 26 Sept. (, Fasti, ii. 601).

The bishop must be distinguished from a contemporary John de Waltham, prior of Drax, a house of Austin canons, and afterwards subdean of York. The bishop was a ‘secular,’ the prior of Drax a ‘regular,’ priest. It is possible that some of the preferments attributed above to John of Waltham, afterwards bishop of Salisbury, may have fallen to this second John of Waltham. Both John de Walthams have also been confused with John de Walton (fl. 1410) [q. v.]

[Calendars of Patent Rolls, 1377–81, 1381–5; Rolls of Parliament, vols. iii. and iv.; Rymer's Fœdera, vol. vii.; Le Neve's Fasti Ecclesiæ Anglicanæ, ed. Hardy; Godwin, De Præsulibus Angliæ (1741); Stubbs's Registrum Sacrum Anglicanum; Walsingham's Historia Anglicana and Higden's Polychronicon (both in Rolls Ser.); Monk of Evesham, ed. Hearne; Foss's Judges of England and Biographia Juridica; Jones's Diocesan Hist. of Salisbury; Bradley's Annals of Westminster Abbey.]

WALTHEOF, or Lat. or (d. 1076), Earl of Northumberland, was the only surviving son of Siward [q. v.], earl of Northumbria, by his first wife, Elfleda, Ælflaed, or Æthelflaed, one of three daughters of Earl Ealdred or Aldred, son of Earl Uhtred [q. v.] Waltheof was a mere boy at his father's death in 1055. From the fact that he had learned the psalter in his youth it may be conjectured that he was intended for the monastic life, that the death of his elder brother [see under ] caused this intention to be abandoned, and that his early training was not without some influence on his life. At a later time he was Earl of Huntingdonshire and Northamptonshire, the most probable date for his appointment being that of the downfall of Tostig [q. v.] in 1065 (, Norman Conquest, ii. 559–60). That he took part in the battle of Fulford against the Danes is unlikely (it is asserted only by Snorro,, iii. 84, where there seems a confusion between him and Edwin the brother of Morcar [q. v.]), and there is no trustworthy evidence that he was at the battle of Hastings (ib. p. 95; , u.s. iii. 352, 426, 526). Along with other great Englishmen, he was taken by the Conqueror to Normandy in 1067.

When the Danish fleet was in the Humber in September 1069, Waltheof joined it with some ships, and in the fight at York with the garrison of the castle took his stand at one of the gates, and as the French fugitives issued forth from the burning city cut them down one by one, for he was of immense strength; his prowess on this occasion is celebrated by a contemporary Norse poet, who says that ‘he burnt in the hot fire a hundred of the king's henchmen’ (Corpus Poeticum Boreale, ii. 227). After the Danes had left England he went to meet the king, who was encamped by the Tees in January 1070, submitted to him, took an oath of fealty, and was restored to his earldom (, p. 515). William gave him to wife his niece Judith, a daughter of his sister Adelaide, by Enguerrand, count of Ponthieu, and in 1072 appointed him to succeed Gospatric [q. v.] as earl of Northumberland. He was friendly with Walcher