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 THE REIGN OF HENRY VII.

(April 25, 1883.)

N the first of these two public statutory lectures, I opened my subject with some vain remarks on the want of attractiveness which may be said to characterise the personal and political history of Henry VII: and then, having divided the reign into two portions, nearly coinciding with the change of century, I very briefly marked the series of dynastic quarrels, struggles, and disturbances, the interest of which belongs mainly to the first half of the reign. There remains to us some investigation of the constitutional and diplomatic history of a period which falls between two great constitutional periods, and lays the foundation of a great diplomatic, political, and commercial fabric; or rather I should say opens a great diplomatic, political and commercial period, which constitutes modern history in its general acceptation.

With regard to the constitutional history proper, nearly the same line may be drawn as in the other case, for, as only one parliament was called between the year 1497 and the end of the reign, the greatest part of what little constitutional history there is belongs to the earlier half. It cannot however be said that, with the exception of two or three very distinct pieces of legislation, and a very distinct purpose of raising and storing money, there is much constitutional material to deal with. There is a great poverty of record. The Rolls of the Parliaments tell us scarcely anything more than the dates of opening, the subject of the chancellor's address, the name of the Speaker, and the titles of the Acts passed, including the subsidies. There are no details of deliberation, or discussions on petitions. There are no Journals of either House; there is nothing in the shape of writs or returns to indicate the


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text:
Republic of South Africa Constitution Act, 1961/1983-07-06

as amended by

Provincial Executive Committees Act, No. 28 of 1962

Constitution Amendment Act, No. 65 of 1962

Constitution Amendment Act, No. 9 of 1963

Provincial Councils and Executive Committees Act, No. 22 of 1963

Coloured Persons Education Act, No. 47 of 1963

Provincial Executive Committees Act, No. 64 of 1963

Indians Education Act, No. 61 of 1965

Constitution Amendment Act, No. 83 of 1965

Pension Laws Amendment Act, No. 102 of 1965

Constitution Amendment Act, No. 37 of 1966

Second Finance Act, No. 58 of 1966

Constitution Amendment Act, No. 9 of 1967

Separate Representation of Voters Amendment Act, No. 50 of 1968

Pension Laws Amendment Act, No. 79 of 1968

Powers and Privileges of Provincial Councils Amendment Act, No. 37 of 1969

General Law Amendment Act, No. 101 of 1969

Constitution Amendment Act, No. 1 of 1971

Pension Laws Amendment Act, No. 93 of 1971

Provincial Finance and Audit Act, No. 18 of 1972

Provincial Affairs Act, No. 61 of 1972

General Law Amendment Act, No. 102 of 1972

Constitution and Elections Amendment Act, No. 79 of 1973

General Law Amendment Act, No. 62 of 1973

Parliamentary Service Act, No. 33 of 1974

Constitution Amendment Act, No. 48 of 1974

Second Pension Laws Amendment Act, No. 77 of 1974

Exchequer and Audit Act, No. 66 of 1975

Constitution Amendment Act, No. 60 of 1976

Financial Relations Act, No. 65 of 1976

Constitution Amendment Act, No. 30 of 1977

Proclamation No. R. 249 of 1977

Second Black Laws Amendment Act, No. 102 of 1978

Constitution Amendment Act, No. 99 of 1979

Pension Laws Amendment Act, No. 100 of 1979

Republic of South Africa Constitution Third Amendment Act, No. 28 of 1980

Republic of South Africa Constitution Second Amendment Act, No. 31 of 1980

Railways and Harbours Acts Amendment Act, No. 67 of 1980

Republic of South Africa Constitution Amendment Act, No. 70 of 1980

Republic of South Africa Constitution Fourth Amendment Act, No. 74 of 1980

Republic of South Africa Constitution Fifth Amendment Act, No. 101 of 1980

Republic of South Africa Constitution Amendment Act, No. 40 of 1981

Republic of South Africa Constitution Second Amendment Act, No. 101 of 1981

Constitution Amendment Act, No. 99 of 1982

Provincial Affairs Act, No. 88 of 1983

84. (1) Subject to the provisions of this Act, the Financial Relations Consolidation and Amendment Act, 1945 (Act No. 38 of 1945), and the assent of the State President as hereinafter provided, a provincial council may make ordinances in relation to matters coming within the following classes of subjects, namely―

direct taxation within the province in order to raise revenue for provincial purposes; the borrowing of money on the sole credit of the province with the consent of the State President and in accordance with regulations framed by the House of Assembly;

education, other than higher education, education for Coloured persons as defined in section one of the Coloured Persons Education Act, 1963, education for Indians as defined in section one of the Indians Education Act, 1965, and Black education, until Parliament otherwise provides;

agriculture to the extent and subject to the conditions defined by Parliament; the establishment, maintenance and management of hospitals and charitable institutions; municipal institutions, divisional councils and other local institutions of a similar nature; any institutions or bodies other than such institutions as are referred to in sub-paragraph (i), which have in respect of any one or more areas (whether contiguous or not) situated outside the area of jurisdiction of any such institution as is referred to in sub-paragraph (i), authority and functions similar to the authority and functions of such institutions as are referred to in the said sub-paragraph, or authority and functions in respect of the preservation of public health in any such area or areas, including any such body as is referred to in section seven of the Public Health Act, 1919 (Act No. 36 of 1919);

the assistance which a province may, with the approval of the State President, render to any other state, territory, province or the territory of South West Africa or to any institution or body contemplated in paragraph (f) and established in any other province;

the assistance which any institution or body contemplated in paragraph (f) may, with the approval of the State President, render to any other state, territory, province or the territory of South West Africa;

the assistance regarding civil defence which any institution or body contemplated in paragraph (f) may, with the approval of the administrator concerned, render to any such institution or body established in any other province, and the assistance which any institution or body so contemplated may with such approval render for the relief of the distress of persons who are or will be affected by an event declared to be a disaster under section 26 of the Fund-raising Act, 1978 (Act No. 107 of 1978);

local works and undertakings within the province, other than railways and harbours, and other than such works as extend beyond the borders of the province and subject to the power of the House of Assembly to declare any work a national work and to provide for its construction by arrangement with the provincial council or otherwise;

roads, outspans, ponts and bridges, other than bridges connecting two provinces; markets and pounds; fish and game preservation, subject to the provisions of section fourteen of the Sea Fisheries Act, 1940 (Act No. 10 of 1940); the imposition of punishment by fine or imprisonment for enforcing any law or any ordinance of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section; generally all matters which, in the opinion of the State President are of a merely local or private nature in the province; all other subjects in respect of which Parliament may by law delegate the power of making ordinances to the provincial council.

(2) An ordinance passed by a provincial council in relation to any matter referred to in paragraph (f) of subsection (1) may provide―

for the appointment by the administrator of the province concerned, or any specified authority, of the members or any number of the members of any institution or body contemplated in that paragraph; for the area of jurisdiction of an institution contemplated in subparagraph (i) of that paragraph to comprise one or more areas (whether contiguous or not).


text: Author:Andrew Dickson Murray

title: Author:Andrew Dickson Murray


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 composition of the House of Commons; and little, if indeed anything, to show how the composition of the House of Lords was able to influence legislation or administration, Not that we are entirely in the dark as to these matters: we know from the character of the Acts passed, and from the nature of the political measures of the reign, what sort of influences must have been at work: but we have no documentary details, nothing of personal or sensational import.

The ministerial changes of the reign are not in themselves important: the chancellorship, after having been held for a few months by Bishop Alcock, early in 1486 devolves upon Archbishop Morton, who is the minister of the reign: he retains the great seal as long as he lives, and during the rest of the reign it is held only by Dene and Warham, successively archbishops of Canterbury. The treasury in the same way sees few alterations; whilst Alcock is chancellor. Sir Reginald Bray is treasurer; under Morton, Lord Dynham; and from 1500 to 1509 Thomas Howard, who, as Earl of Surrey and Duke of Norfolk, remains at the head of finance during his life and leaves the position to his son, who holds it until 1546.

The tenure of these great offices by prelates and magnates of this sort, of course, implies that a great deal of the business of the country was conducted by means of subordinate officials; it also means that the king and. his council took such direct part in it, that the nominal ministers had a somewhat diminished responsibility; and it probably means further, under Henry VII at least, that the king dealt directly with the subordinate officials without much concert with his nominal ministers. This is especially the case as the reign proceeds; during the first half Archbishop Morton, who was both a distinguished lawyer and, in popular opinion, a too active financier, really did ministerial work. After his death the king seems to have employed men like Empson and Dudley for measures which men like Archbishop Warham and the Earl of Surrey could certainly not have approved, but which they were helpless to prevent, and perhaps without courage to remonstrate about. There is not then much to be said about ministerial history.


text:
Translation:Shulchan Aruch/Orach Chaim/460

 The Laws of Matzo Used for the Mitzvah'''

דיני מצת המצוה

Paragraph 1 - We do not have a non-Jew knead or bake the matzo used for the mitzvah, nor do we use a deaf person, a madman, or a child.

סעיף א - אין לשין מצת מצוה ולא אופין אותה על ידי אינו יהודי, ולא על ידי חרש שוטה וקטן.

Paragraph 2 - The Ro"sh would exert himself when it came to matzo used for the mitzvah. He would stand there while it was made, hurry the workers, and help with its preparation. It is good for everyone to do this — to deal with the mitzvah yourself.

סעיף ב - הרא"ש היה משתדל במצת מצוה ועומד על עשיתה ומזרז העוסקים בהם ומסיע בעריכתן, וכן ראוי לכל אדם לעשות, להטפל הוא בעצמו במצוה.

Paragraph 3 - One who kneads after the onset of the prohibition should say while kneading, "All crumbs that fall during the kneading and preparation, and also the dough that sticks to the pots, I nullify." Thus they are nullified before they exist.

סעיף ג - הלש אחר זמן אסור חמץ יאמר בעת לישה כל פירורים שיפלו בשעת לישה ועריכה וכן בצק הנדבק בכלים אני מבטל אותם, כדי שנמצא שמבטלן קדם המוצן.

Paragraph 4 - We do not make designs, like drawing the shape of an animal or a bird on the matzo. However, everything done with the comb so that it doesn't swell is permitted, as is putting holes in the matzos. In any event, one should hurry to make them and not leave them sitting. Rem"a: The matzos should be crackers, and not thick like other bread, because crackers do not rise quickly.

סעיף ד - אין עושין סריקין המצירין, דהינו לציר בפת כמין חיה ועוף. אבל כל מה שעושים אותו במסרק כדי שלא יתפח, וכן מה שמנקבין המצות, מתר, ומכל מקום טוב למהר לעשותן שלא להשהות בהם. הגה: ''ויש לעשות המצות רקיקין, ולא פת עבה כשאר לחם, כי אין הרקיקין ממהרין להחמיץ.

Paragraph 5 - We do not make [matzo] on Passover that is a tefach thick.

סעיף ה - אין עושין בפסח פת עבה טפח.

Paragraph 6 - Do not be lenient with regards to the stringency not to make pandish or pladonish.

סעיף ו - אין להקל במה שהחמירו שלא לעשות פאנדי"ש או פלאדוני"ש.

Paragraph 7 - Do not put full eggs in the matzo so that it bakes with them.

סעיף ז - אין לתן ביצים שלמים במצה שתאפה עמהם.

 * }


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 The next point to note is the composition of the House of Lords. We are open to some risk of exaggeration in relation to this, because of the slaughters and proscriptions connected with the Wars of the Roses. But, great as were the effects of those quarrels on the personality of the baronage, the effect was far greater on the political status and influence of the peerage. It was attenuated in power and prestige rather than in numbers. Even the bloodshed and attainder fall within a narrow circle; generation after generation perishes out of a few great houses; the majority continue in succession and either escape ruin or soon recover. It is as well to be particular as to this, because it has a real bearing on the character of the Tudor despotism or dictatorship; and we are liable to be misled both by striking catastrophes and by untested generalisations. If we compare the last parliament of Edward IV with the first of Henry VII, we find a great difference on the face of it: in 1483 there are forty-five lords summoned to parliament; in 1485 there are only twenty-nine. But for this diminution the recent change of dynasty is only very partially the cause: only six peers are attainted as yet, three of whom, the late King Richard, the Duke of Norfolk, and the Lord Ferrers, had fallen at Bosworth field; and a fourth was Surrey, the son of the Duke of Norfolk. Of the other missing lords, some had perished under Richard's own tyranny, some two or three were now represented by minors, and about half-a-dozen seem to have had their summons suspended during either the whole reign or a great part of it. Of these suspended peers, who all reappear either in the later parliaments or in the first parliament of Henry VIII, the chief are the Ogle, Dacre, and Scrope lords, who rule in the north country, and whose absence, which is not necessarily to be accounted for on political grounds, is a point that has not been satisfactorily investigated. In this way, however, not by proscription or execution, the list is diminished. In the later parliaments not only do many of these suspended peerages revive, the empty places being filled by the restoration of the heirs of Richard's victims, but even the attainders of 1485 are cancelled; the Howards return to favour and power in 1489, Ferrers in 1487,


text:
Republic of South Africa Constitution Act, 1961/1984-07-06

as amended by

Provincial Executive Committees Act, No. 28 of 1962

Constitution Amendment Act, No. 65 of 1962

Constitution Amendment Act, No. 9 of 1963

Provincial Councils and Executive Committees Act, No. 22 of 1963

Coloured Persons Education Act, No. 47 of 1963

Provincial Executive Committees Act, No. 64 of 1963

Indians Education Act, No. 61 of 1965

Constitution Amendment Act, No. 83 of 1965

Pension Laws Amendment Act, No. 102 of 1965

Constitution Amendment Act, No. 37 of 1966

Second Finance Act, No. 58 of 1966

Constitution Amendment Act, No. 9 of 1967

Separate Representation of Voters Amendment Act, No. 50 of 1968

Pension Laws Amendment Act, No. 79 of 1968

Powers and Privileges of Provincial Councils Amendment Act, No. 37 of 1969

General Law Amendment Act, No. 101 of 1969

Constitution Amendment Act, No. 1 of 1971

Pension Laws Amendment Act, No. 93 of 1971

Provincial Finance and Audit Act, No. 18 of 1972

Provincial Affairs Act, No. 61 of 1972

General Law Amendment Act, No. 102 of 1972

Constitution and Elections Amendment Act, No. 79 of 1973

General Law Amendment Act, No. 62 of 1973

Parliamentary Service Act, No. 33 of 1974

Constitution Amendment Act, No. 48 of 1974

Second Pension Laws Amendment Act, No. 77 of 1974

Exchequer and Audit Act, No. 66 of 1975

Constitution Amendment Act, No. 60 of 1976

Financial Relations Act, No. 65 of 1976

Constitution Amendment Act, No. 30 of 1977

Proclamation No. R. 249 of 1977

Second Black Laws Amendment Act, No. 102 of 1978

Constitution Amendment Act, No. 99 of 1979

Pension Laws Amendment Act, No. 100 of 1979

Republic of South Africa Constitution Third Amendment Act, No. 28 of 1980

Republic of South Africa Constitution Second Amendment Act, No. 31 of 1980

Railways and Harbours Acts Amendment Act, No. 67 of 1980

Republic of South Africa Constitution Amendment Act, No. 70 of 1980

Republic of South Africa Constitution Fourth Amendment Act, No. 74 of 1980

Republic of South Africa Constitution Fifth Amendment Act, No. 101 of 1980

Republic of South Africa Constitution Amendment Act, No. 40 of 1981

Republic of South Africa Constitution Second Amendment Act, No. 101 of 1981

Constitution Amendment Act, No. 99 of 1982

Provincial Affairs Act, No. 88 of 1983

Constitution Amendment Act, No. 105 of 1984

PART VIIIA.

PRESIDENT’S COUNCIL.

102. (1) There shall be a President’s Council consisting, in addition to the Vice State President, of members appointed by the State President.

(2) A member of the President’s Council, excluding the Vice State President, shall hold office for a period of five years.

(3) A casual vacancy in the President’s Council, excluding a vacancy in the office of Vice State President, shall be filled by the appointment of a member for the unexpired portion of the period of office of the member in whose stead he is appointed.

(4) (a) The members of the President’s Council, excluding the Vice State President, shall receive such remuneration and allowances as the State President may determine, as well as such other benefits as he may determine by proclamation in the Gazette.

(b) Such remuneration, allowances or benefits may differ according to the offices held by such members in the council.

(5) The State President shall designate a member of the President’s Council as deputy chairman of the council, who shall serve as chairman thereof whenever the office of Vice State President is vacant or he is for any reason unable to serve as such.

(6) If neither the chairman nor the deputy chairman is able to act as chairman, the members of the President’s Council shall elect one from their number to act as acting chairman.

(7) A deficiency in the number of members of the President’s Council or a committee thereof shall not affect the powers of the said Council or the said committee.


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 Zouch in 1495; Lovel perishes, the viscount himself who fell at Stoke leaving only coheiresses.

A proof of what I have been saying is seen also in the fact that during the whole reign only five new peerages were created; one of these, the earldom of Bath, held by a foreigner, does not seem to have entitled its possessor to a summons; another is an Irish earldom, Ormond; the other three are Daubeny, Cheney, and Burgh. Yet notwithstanding this economy and the later attainders of the reign, the subsequent parliaments contain a lay peerage of forty members, which is not below the average of the century and was not increased materially until Henry VIII brought up the number of lay lords to that of the spiritual lords, before he finally reduced the latter to half their tale by getting rid of the abbots.

This point, like that of the composition of the House of Commons, on which we have no information, would be more important if we knew anything of the parliamentary history. As we do not, and find that the king in that august assembly had things very much as he pleased, we conclude, as we have other reasons for concluding, either that the assembled estates were cowed into complaisance, or else that they were too busy about other matters to care for the excitement of a quarrelsome debate.

There were seven parliaments during the reign of twenty-four years; and of these seven, one had three sessions and another two; six of them fall before the close of 1497, and before the end of Archbishop Morton's life. I think that, if we had nothing else to judge by, we should infer from this, that so long as Morton was minister the king retained the Lancastrian idea of ruling mainly through parliaments; whilst, during the nine years that followed the archbishop's death, he reigned chiefly through councils and held but one parliament. Morton was indeed a thorough Lancastrian, though not of the type of Archbishop Arundel. He had been the mainstay of the party in evil times, and the leader of intrigue under Edward IV and Richard III; but the old political game of Lancaster had long been played out, and, although Morton probably retained the attachment to forms which marked it to


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Rh it has to be treated separately, because it involves an independent theme.

An echo of the simple theme of The Grateful Dead is found in two English plays—Massinger's Fatal Dowry and Rowe's Fair Penitent. In the former young Charalois goes to prison to release his father's body from the clutch of creditors, who wish to keep it unburied for vengeance. He is rescued by Rochfort, who pays the debts and gives him his daughter in marriage. The intrigues of love and vengeance that follow do not concern us. In Rowe's play, which was based on Massinger's, this part has been curtailed to a few slight references. Altamont gives himself as ransom for his father's body to the greedy creditors, who will not allow burial to take place. He is rewarded by the care and bounty of Sciolto, who becomes a second father to him.

Stephens was certainly right in connecting the story in The Fatal Dowry with The Grateful Dead, though it is only a fragment and lacks some of the most essential features of the complete theme. The ghost, indeed, does not appear at all, but the part played by Rochfort may be regarded as a greatly sophisticated reminiscence of that trait, especially since he not only rescues the hero, but provides him with a wife. The echo of the theme is too vague for us to distinguish the form in which it was found by Massinger, though I think that we should not go far wrong in supposing that he had in mind some narrative, either popular or literary, nearly approaching the compound type treated in chapter vi. below. As one of the comparatively few traces that the motive has left in England this double dramatic use is not without interest.

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 the last, he, either as a politician or as overborne by the king, was not in his financial administration faithful to the constitutional principle. This matter touches, however, a point of character in which master and minister alike suffer. Henry VII is constantly accused of avarice, and Morton to the popular mind is best known as the inventor of the fork, Morton's fork, the dilemma by which he proved the necessity of the benevolences, to the great dissatisfaction of the payers: if you spend much you have plenty; if you spend little you must have saved; out of your plenty, or out of your savings, you must pay.

I do not know that I am concerned to defend Morton, who was certainly not an avaricious man himself, and who, if he incurs a part of his master's shame, incurs it as a too faithful servant; but it is worth while speculating on Henry's own character for avarice. He was a man who had a fair intelligence and a fair knowledge of history: he had been very poor himself, and he had learned that poverty and want of economic governance had ruined the great house to which Henry V had imparted so much glory. He knew, from the first, that he must save in order to get on at all; and when he had begun to save, and when, by the forfeitures of the early years, he had managed to save to some purpose, not only did the love of money increase as the money itself accumulated, but he found it pleasant to rule without having to ask parliament for money; and finally found it pleasant, through Empson and Dudley, both to rule and to gather money without the trouble of parliament. However that may have been, the seven parliaments each had a subsidy or a budget; and the financial history is capable of a brief summary.

In the first parliament Henry succeeded in obtaining a revenue for life; Bishop Aleock had made a moving speech on the text, 'Good luck have thou with thine honour, ride on;' in which he adduced the fable of the belly and members, the properties of bees, Isidore on the virtues of royalty, S. Ambrose in the Hexaemeron, and Ovid on the Golden Age; with the usual application. After the approval of the Speaker, the king addressed the Commons with a declaration of his title and


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 of good government: and they responded with a liberal vote of tunnage, poundage, and the custom on leather for life; apportioning £14,000 to the household, £10,000 odd to Calais, and £2105 19s. 11d. to the wardrobe; there was likewise an act of resumption.

In the session of 1487 Morton preached on 'Cease to do evil, learn to do well:' a wonderful sermon in four heads, subdivided each into three arguments, illustrated from Cicero and other gentile philosophers, the moral of which was the vote of two tenths and fifteenths, and a poll-tax upon aliens, payable at the next Easter. In 1489 the text was 'The eyes of the Lord are over the righteous;' the sermon a miracle of subdivision: the demand a lump sum of £100,000. To meet this, by a curious departure from the rule which is always supposed to have been long established, the Lords, by themselves, grant a tenth of their income from land; the Commons, with the advice and consent of the Lords, offer to raise £75,000 by a tenth on lands not belonging to the lords, and twenty-pence on every ten marks of goods. This must have been seen to be a dangerous experiment. An attempt to collect the tax caused the outbreak at Thirsk, in which the Earl of Northumberland was slain; the sums collected from the Commons only reached the amount of £27,000, and in the third session early in 1490 the grant of a tenth and fifteenth was substituted for the balance. The object of the budget was the maintenance of the army, which was being raised for the defence of Brittany against France, a design which culminates and terminates in the expedition to Boulogne in October 1493. Before this expedition took place another parliament in the autumn of 1491 and January of 149a was asked for a vote. Morton chose his text from Jeremiah, and his illustrations from Sallust on the war with Jugurtha; the bill was two entire tenths and fifteenths, and a third if the king himself should go to the war. He did go to the war and made peace. And this carried him on to 1495.

I should say here that the parliamentary grants were each year supplemented by ecclesiastical grants made in the Convocations of the two provinces, and generally consisting of one


text: Index:Ukpga 20000036 en.pdf

title: Index:Ukpga 20000036 en.pdf


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 asserts that he has known mulatto families which have intermarried for several generations, and have continued on an average as fertile as either pure whites or pure blacks. Enquiries formerly made by Sir C. Lyell on this subject led him, as he informs me, to the same conclusion. In the United States the census for the year 1854 included, according to Dr. Bachman, 405,751 mulattoes; and this number, considering all the circumstances of the case, seems small; but it may partly be accounted for by the degraded and anomalous position of the class, and by the profligacy of the women. A certain amount of absorption of mulattoes into negroes must always be in progress; and this would lead to an apparent diminution of the former. The inferior vitality of mulattoes is spoken of in a trustworthy work as a well-known phenomenon; and this, although a different consideration from their lessened fertility, may perhaps be advanced as a proof of the specific distinctness of the parent races. No doubt both animal and vegetable hybrids, when produced from extremely distinct species, are liable to premature death; but the parents of mulattoes cannot be put under the category of extremely distinct species. The common Mule, so notorious for long life and vigour, and yet so sterile, shews how little necessary connection there is in hybrids between lessened fertility and vitality; other analogous cases could be cited.

Even if it should hereafter be proved that all the races of men were perfectly fertile together, he who was inclined from other reasons to rank them as distinct species, might with justice argue that fertility and sterility are not safe criterions of specific distinctness. We know that these qualities are easily affected by changed conditions of life, or by close inter-breeding, and that they are governed by highly complex laws, for instance, that of the unequal fertility of converse crosses between the same two species. With forms which must be ranked as undoubted species, a perfect series exists from those which are absolutely sterile when crossed, to those which are almost or completely

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text: The Eurypterida of New York/Volume 1/Morphology, anatomy, and terminology


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 countries from the different races of man; and he finds that they differ, not only in colour, but in the structure of their claws and limbs. In every case in which many specimens were obtained the differences were constant. The surgeon of a whaling ship in the Pacific assured me that when the Pediculi, with which some Sandwich Islanders on board swarmed, strayed on to the bodies of the English sailors, they died in the course of three or four days. These Pediculi were darker coloured, and appeared different from those proper to the natives of Chiloe in South America, of which he gave me Specimens. These, again, appeared larger and much softer than European lice. Mr. Murray procured four kinds from Africa, namely from the Negroes of the Eastern and Western coasts, from the Hottentots and Kaffirs; two kinds from the natives of Australia; two from North and two from South America. In these latter cases it may be presumed that the Pediculi came from natives inhabiting different districts. With insects slight structural differences, if constant, are generally esteemed of specific value: and the fact of the races of man being infested by parasites, which appear to be specifically distinct, might fairly be urged as an argument that the races themselves ought to be classed as distinct species.

Our supposed naturalist having proceeded thus far in his investigation, would next enquire whether the races of men, when crossed, were in any degree sterile. He might consult the work of Professor Broca, a cautious and philosophical observer, and in this he would find good evidence that some races were quite fertile together, but evidence of an opposite nature in regard to other races. Thus it has been asserted that the native women of Australia and Tasmania rarely produce children to European men; the evidence, however, on this head has now been shewn to be almost valueless. The half-castes are killed by the pure blacks: and an account has lately been published of eleven half-caste youths murdered and burnt at the same time, whose remains were found by the police. Again, it has often been said that when mulattoes intermarry they produce few children; on the other hand, Dr. Bachman of Charleston positively

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 20 Next Baiame is attacked in his character as the Creator. Here we must get rid of the Rev. Mr. Ridley's evidence, which is quoted from Mr. Brough Smyth (vol. ii.,p. 285). Mr. Ridley, I admit, is a missionary! His blacks "are acquainted with English, and have therefore presumably come into contact with English ideas" (Folk-Lore, p.301), which they are notoriously eager to adopt in religion. Very good, but it was in 1854 that Mr. Ridley, who had learned Kamilaroi, and who lived with the blacks for two or three years, put the question "Do you know Baiame?" The answer was (not in English), "Kamil Zaia Zummi Baiame, Zaia Winuzgulda" ("I have not seen Baiame, I have heard, or perceived, him"). The same answer was given by a black eighteen years later (1872), to whom Mr. Ridley "had never spoken before." "If asked who made the sky, the earth, the animals, they always answer 'Baiame'" (Journal of the Anthropological Institute, 1872, pp. 268, 269). Impressed by these replies, Mr. Ridley, in 1856, introduced Baiame as equivalent to our God, or Creator, into certain primers for missionaries (Gurre Kamilaroi, Ridley, Sydney, 1856). Jehovaka and Eloi, attempted about 1830-40 by Mr. Threlkeld, did not take with the natives, nor did Immanueli, which Mr. Ridley endeavoured to introduce himself. Mr. Ridley, in 1855, found that the blacks on the Barwan and Namoi "say there is one Being who made all things, whom they never saw, though they hear his voice in the thunder. They speak of him by the name 'Baiame,' and those who have learned that 'God' is the name by which we speak of the Creator, say that 'Baiame is God.'" But, at this date, Mr. Ridley "never heard them speak of Baiame as a ruler, nor ascribe wisdom and goodness to him." They knew Daramulun as "author of disease and medical


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 Rh skill, of mischief and wisdom also; he appears in the form of a serpent at their assemblies," like Asclepius. Mr. Ridley, of course, was uninitiated.

Now, if Mr. Ridley's negative evidence, which is early (tour of 1855), is accepted, if we are quite ready to believe that he never heard of Baiame as ruler at that date, why are we to reject his affirmative evidence of the same date about Baiame as a Maker or Creator? He knewthe language, he could write Kamilaroi prose, and, if his missionary bias led him to find, or feign, a Creator, why did it not lead him to find, or feign, a moral Ruler? One fancy or fiction was as easy, to a missionary, as the other.

We now arrive at a point in Mr. Hartland's argument which my mind broods fondly over; it is so rich in possibilities. Looked at in one way, Mr. Hartland might seem to be in a dilemma. Looked at in another, he might appear to have a choice between two theories, each of them seductive, "were t'other dear charmer away." The dilemma is this: Mr. Hartland accuses me of using expressions against which we must be on our guard, such as "Father in Heaven," "and many other expressions rhetorically used by Mr. Lang anent gods of the lower races. They convey to our minds reminiscences of Christian teaching of which the savage mind is guiltless" (p. 312). The savage mind is guiltless of Christian teaching, tout va bien! To be sure the savage mind has (like Christians) the conception of a Father, and that Father is in the Heaven, in the literal sense of the word. Mungan-ngaur = "Our Father;" his home in various versions is in, or above, the heavens. But the savage's mind is "guiltless of Christian teaching." So Mr. Hartland writes on page 312, while on page 302 he


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 22 cites, cautiously indeed, my friend Mr. Tylor's argument in favour of the derivation of the higher Australian beliefs from—Christian teaching! "It seems reasonable on the whole to infer that, whatever may be the origin of Baiame's name and his earlier position in native thought, the points of his story most resembling the Christian conception of Creator have been unconsciously evolved, first by white explorers, then by missionaries, and lastly by the natives themselves under European influence" (Folk-Lore, pp. 302, 303). Yet the natives are guiltless of Christian teaching! Il fant qu'une porte soit oiiverte ou fermée. Again, how a "white explorer" in 1845 could "unconsciously evolve" a native theology which staggered his credulity, yet was confirmed, "in dern secrecy," by many black witnesses, one of whom he expressly charged with trying to palm off Christian ideas on him, I do not know. Great is the Unconscious Self! In this case it "unconsciously evolved" exactly the ideas which its proprietor did not expect, could not accept, and argued against, till corroboration brought conviction. This "unconscious evolution" is a modish phrase, but will not here hold water. And Mr. Hartland leaves the blacks to modify their theology under "European influences," while they are "guiltless of Christian teaching." Mr. Tylor's theory of wholesale borrowing from missionaries "probably is not altogether beyond dispute." But it must be stark nonsense if the savages are "guiltless of Christian teaching," as they are, teste Mr. Hartland.

I knew not Mr. Tylor's theory when I wrote my book. That is precisely why I did not "mention it." But Mr. Hartland must make up his mind: he must choose. Either the savages are "guiltless of Christian teaching," or they are guilty. Mr. Tylor argued in favour of "Our Father" being a result of Christian teaching. He was so struck by the Christian analogies that he could only explain them by


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Rh borrowing from missionaries. What strikes Mr. Tylor, who is not on my side, may surely be allowed to strike me. There is, in fact, a strong resemblance between these Christian ideas and Australian ideas. Mr. Howitt was inclined to suspect Christian influence, but his inquiries did not confirm his suspicion (Howitt, Journal of the Anthropological Institute., vol. xiii., p. 192). Mr. Tylor does decide in favour of missionary influence. But Mr. Hartland cuts himself off from this resource. The savages are "guiltless of Christian teaching" (p. 312). But the opinion that they are not "guiltless" "probably is not altogether beyond dispute" (p. 302). Will Mr. Hartland make up his mind? Meanwhile Mr. Tylor and I, otherwise opposed here, are agreed in our opinion that the savage and Christian analogies are remarkable. We may both be wrong where we agree, though one of us is not unlikely to be right where we differ, as we do about the cause of the similarities. Here, however, Mr. Hartland has a choice of alternative theories almost equally seductive. If he agrees with Mr. Tylor he can say: "The savages borrowed from Christians." If he agrees with me that they did not borrow he can say: "Christianity retains or revives savage beliefs," as is said, or hinted, in certain other cases. Or Mr. Hartland may differ both from Mr. Tylor and me, and say that there is no analogy or resemblance whatever between the Christian "Our Father in Heaven," and the savage "Our Father in, or above, the Heavens." Yet here I doubt that his case would not be commonly accepted; it certainly does not seem to be accepted by Mr. Tylor or by Mr. Howitt, who at once looked about, for the cause of this "Our Father," to Christian influences among the Kurnai.

Of course, in detail, our conception of divine Fatherhood


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 G. NORMAN, PRINTER, MAIDEN LANE, COVENT GARDEN.


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 cleaning, and having unscrewed the lock of one of them, he shewed the black how to clean it with a bit of rag. This native had, no doubt, heard of guns, but had never before had one in his hands; yet, he not only cleaned the locks of the muskets, but even took a percussion gun, which my servant had brought out with the intention of cleaning it himself, and without a word being said to him on the subject, took the lock entirely to pieces, although its construction was so different to that of a flint lock, and having carefully cleaned and oiled it, he put it together again, which I am sure not one Englishman out of ten would have been able to do, if previously unacquainted with the mechanism of gun locks.

A boy, belonging to a tribe at the Manning river, who had been induced to accompany a friend of mine as far as the MacLeay, drew, with a piece of chalk, human heads and figures, kangaroos, &c. with a firm well defined outline, which few English boys of his age could have done better, unless they had had lessons in drawing.

Some natives I have seen exhibit a dexterity in carpentery, and in the use of various tools, which a white man could not acquire until he had practised with them for some time; and indeed in every thing requiring the exercise of mechanical ingenuity or dexterity, the Australian Aborigines are most apt scholars.

THE END.


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24 is not that of Kamilaroi or Kurnai. We do not, when we say "Our Father," think of an old man with a beard, like Baiame, encrusted in a throne of crystal. We have another notion of omniscience than that of a god informed by his messenger, or angel, "the All-seeing Spirit," though an all-seeing spirit is just the same as an omniscient one (Mrs. Langloh Parker, More Legendary Tales, p. 84). Yet the analogies are astonishing, and, if Mungan-ngaur be the father of Tundun, who is the father of the Kurnai, Adam is our common father, and I refer Mr. Hartland to Luke iii. 38.

I do not despair of seeing Mr. Hartland, who now complains of my rhetorical insistence on these analogies, turning round and accounting for Christianity as a refined survival of Kurnai and similar beliefs. We shall then have Mr. Tylor regarding Baiamism as a savage perversion of Christianity, and Mr. Hartland regarding Christianity as a Græco-Hebraic revival of Baiamism.

As to this question of borrowing (which, if conceded, is not useful to Mr. Hartland's case against me), I must quote my critic textually. After citing Mr. Ridley's account of Baiame as Creator, as the Being who welcomes the souls of dead blacks into Paradise, and destroys the bad, Mr. Hartland goes on (Folk-Lore, p. 302): "And his name is said to be derived from baia, to make, cut out, or build. But this account must surely be received with very great caution. There is evidence—negative evidence, it is true, but of persons in a position to be well informed—that Baiame, if known at all by that name, was not so prominent a figure in the beliefs of the natives until about sixty years ago, and that, at all events, what Dr. Tylor justly calls the 'markedly


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 convicts at Norfolk Island; and indeed I think that all endeavours to make them adopt more settled habits will be useless, for what great inducement does the monotonous and toilsome existence of the labouring classes in civilized communities offer, to make the savage abandon his independent and careless life, diversified by the exciting occupations of hunting, fishing, fighting, and dancing.

It is not certainly from want of intelligence that the Australian Aborigines have hitherto proved so unreclaimable. The mental faculties of the Australian savage have been too much underrated, except by those authors who have had the best opportunity of witnessing their manners and customs in their purely wild state, such as Oxley, Sturt, and Mitchell, especially the latter, whose occasional remarks on the Aborigines, are full of graphic truth. I will conclude by two or three examples of the intelligence of the natives which have come under my own observation. During the time that my tents were pitched near the Nambucca, some years ago, a native arrived at my camp, unable to hold any communication with my men in the ordinary jargon, forming the medium of communication between the blacks and the whites. As I made it a rule never to allow the natives to loiter about my tents, unless they performed some slight service for me, for which I repaid them with flour or tobacco^ I told my tentkeeper to give this man something to do. Accordingly, he brought out some muskets, which required


text: The New Student's Reference Work/Mozart, Wolfgang Amadeus Chrysostom


text: Provincial Government Act, 1961

title: Provincial Government Act, 1961


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 Although the Aborigines are in general so honourable and open in their warfare with one another, their behaviour towards the whites is very different, being often treacherous in the extreme. It frequently happens that those persons who have been most liberal and kind to the natives, are chosen as their first victims; for if a white man gives a present to a native, without stipulating for some service in return, the latter imputes the generosity of the white man to fear. Thus, the sawyers at the Nambucca, who gave the blacks a large quantity of flour, tobacco, sugar, &c. in order to propitiate them, became immediately exposed to their murderous attacks, which did not cease until the natives had received a severe lesson or two, to convince them of the superiority of the arms of the white men.

The districts near Port Phillip, where the blacks have committed the most serious outrages, are the very ones in which the salaried Protectors of Aborigines have resided. I do not know in what the duties of the Protectors consist; but no good has been derived from their appointment, as the natives in that part of Australia have been more audacious in their attacks on distant sheep-stations, than in any other districts; and on being pursued after their ravages, they have been known to jeeringly dare the whites to fire at them, as the Governor would hang any one who shoots at "blackfellows!"

"The soothing system" is no better adapted to civilize the natives of Australia, than to reclaim the


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 inferior animals to themselves, I suppose the Tryal bay tribe had brought up this scolding old lady, in order to evince the greater contempt for the other tribe; much upon the same principle, which once induced a king of France to send a defiance to an English prince by a scullion, instead of a herald, in order to insult him the more grievously.

After a long altercation the two hostile tribes mingled together, as though they were on the best terms with each other; they encamped, however, for the night, at some distance apart. Next morning the fight commenced, in which, according to the usual custom, the three natives who had been the original cause of the quarrel, stood prominently forward, exposed to the spears of the Tryal bay blacks for some time, without receiving any assistance from their companions, until one of them received a spear wound on the instep, and another on the knee. The fight then became general, but no further damage was done, as each party was equally adroit in warding off, with their shields, the missiles that were flying about. This engagement seemed to conclude the quarrel between the Yarra-Bandini and Yarra-Hapinni blacks, as the gin Dilberree, who had been carried off, was restored to her friends. It was, however, some time before the other quarrels, which had arisen from this affair, were fought out; after which a general peace had to be consolidated by solemn corroberrees, danced successively on the grounds of each of the belligerent tribes.


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 message, returned in a great hurry, glistening with moisture from having swam across the creek; as she had seen the Tryal bay tribe, who were coming up to fight the natives at our place. She had scarcely bounded away from us to warn them of the approach of their enemies, when the latter appeared, marching in Indian file, having their bodies painted with red stripes, and their bark shields whitened with pipe clay and adorned with double red crosses^ They advanced with a measured tramp, carrying their spears aloft at a uniform slope, with their shields on the left side. They had just arrived where we were standing, when the Yarra-Bandini blacks, having been warned by the gin of the approach of their enemies, dashed out of the adjoining brush, and throwing themselves into regular rows, five or six deep, commenced a furious dance in defiance of the other party, leaping up and down at a measured tread, whilst they beat time with their nulla-nullas and waddies, accompanying each jump with a short loud shout. As soon as their adversaries had arrived opposite to them, each party halted, whilst the chief men on both sides advanced, and commenced a most animated dialogue, occasionally threatening each other with their spears. A very old woman, whom the Tryal bay blacks had brought up with them, seemed to be particularly active in abusing and insulting the Yarra-Bandini natives, whom she railed at unceasingly in a loud screaming voice. As the Australian aborigines look upon their women as very


text:
User talk:Carlo58s

— billinghurst  sDrewth  16:28, 24 May 2011 (UTC)

title: User talk:Carlo58s


text:
Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/51

 Rh biblical characteristics' observable in Mr. Ridley's report have appeared only since the advent of the missionaries and the extended converse of the aborigines with white settlers. Dr. Tylor, whose discussion of the question Mr. Lang does not mention, sums it up in these words: 'The evidence points rather, in my opinion, to Baiame being the missionary translation of the word Creator, used in Scripture lesson-books for God.' Mr. Lang may challenge this opinion as that of an anthropologist, however distinguished, whose theories a large part of his book is occupied with controverting. And probably it is not altogether beyond dispute. The facts, however, remain that the earliest [known] mention of Baiame is in the year 1840, that he is then said to be living on an island in the sea and to feed on fish, that while some natives considered him 'Creator,' others were said to attribute that office to his son Burambin, that his biblical characteristics, as reported by missionaries, constantly expanded down to the publication of Mr. Brough Smyth's work in 1878, and that in the most recent accounts—those of Mr. Matthews [Mr. Crawley], who is not a missionary—they have so far disappeared that he is now only said to have created the tribesmen themselves. It seems reasonable on the whole to infer that whatever may be the origin of his name and his earlier position in native thought, the points of his story most resembling the Christian conception of Creator have been unconsciously evolved, first by white explorers, then by missionaries, and lastly by the natives themselves under European influence."

And this though the natives are "guiltless of Christian teaching"! How can the simultaneous assertion of contradictories be "reasonable"?

That European influence exists in the mysteries Mr. Hartland infers from the presence of a bullock in the


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CHAPTER 36

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26 artistic representations of the Kamilarol. Also, I may add, of an old sportsman driving in a dog-cart, who, however, is purely decorative.

Now, as to Dr. Tylor's theory of the name, Balame, as a "missionary translation of the word Creator, used in Scripture lesson-books for God," the name (which occurs in 1840) was first so used by Mr. Ridley, in Gurre Kamilaroi, which is of 1856. I ask for an earlier example. Previously Mr. Threlkeld had tried (and failed) with Eloi and Jehova-ka-biruê, while Mr. Ridley had tried (and failed) wdth Immanueli. Now Baiame is first mentioned (as far as Mr. Tylor knows) by Mr. Horace Hale, speaking of about 1840. So Baiame, in 1840, did not come out of a "Scripture lesson-book" of 1856. That theory wall not hold water. Moreover, our evidence for Baiame, in 1840, is also our evidence that Baiame was worshipped at Wellington with songs, when the missionaries first came there. Mr. Hale's evidence for this is that of Mr. Threlkeld, who had been at missionary work there since 1828. Perhaps Mr. Hartland will now admit that the missionaries did not introduce Baiame at Wellington and district, where they found him already extant.

However, if it be granted. that the missionaries did not bring in Baiame, it may be fairly argued that Christian ideas crystallised later round a native conception of a powerful Being. Thus the creative work of Burambin, son of Baiame, may, by my opponents, be credited to a missionary sermon on a text of St. John which need not be cited. Mr. Hartland remarks that Baiame's "biblical characteristics," as reported by missionaries, "constantly expanded" down to


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Bannister  [Redgrave's Dict. of Artists of Eng. School; Strutt's Dict. of Engravers; Nagler's Allgemeines Künstler-Lexikon; Heineken's Dictionaire des Artistes.]  BANNISTER, CHARLES (1738?–1804), actor and vocalist, whose fame is eclipsed by that of his son John [q. v.], was born in Gloucestershire, according to the ‘Thespian Dictionary,’ no very trustworthy authority, in 1738. Seven years after his birth his father obtained a post in the victualling office at Deptford, to which place the family removed. Bannister appears from an early age to have had the run of the Deptford theatre, in which, before he was eighteen, he played as an amateur Richard III, Romeo, and probably some other characters. An application to Garrick for employment being unsuccessful, he joined the Norwich circuit. His début in London was made in 1762 at the Haymarket, then under the management of Foote. The piece was the ‘Orators,’ a species of comic lecture on oratory, written and spoken by Foote, supported by various pupils placed in the boxes, as though they belonged to the audience. The character assigned to Bannister was Will Tirehack, an Oxford student. Palmer, subsequently his close friend, is said, in the ‘Life of John Bannister’ by Adolphus, to have made his début as Harry Scamper in the same play. The statement is, however, inaccurate, the début of Palmer having taken place a few months earlier at Drury Lane. Bannister's imitations of singers like Tenducci and Champneys were successful, and led to his appearance as a vocalist at Ranelagh and elsewhere. Garrick's attention was now drawn to the young actor, who made his début at Drury Lane in 1767, it is said, as Merlin in Garrick's play of ‘Cymon.’ This is possible. Bensley, however, ‘created’ that character 2 Jan. 1767, and the name of Bannister does not appear in Genest till the following season, 1767–8, when he is found, 23 Oct., playing the Prompter in ‘A Peep behind the Curtain, or the New Rehearsal,’ a farce attributed to Garrick. During many years Bannister acted or sang at the Haymarket, the Royalty, Covent Garden, and Drury Lane. His death took place 26 Oct. 1804 in Suffolk Street. An excellent vocalist, with a deep bass voice and a serviceable falsetto, a fair actor, a clever mimic, smart in rejoinder, good-natured, easy-going, and thoroughly careless in money matters, he obtained remarkable social success, was popularly known as honest Charles Bannister, and was the hero of many anecdotes of questionable authority. In one or two characters he was unrivalled. Of these, Steady, in the ‘Quaker,’ was probably best known. It has been said that no adequate representative of Shakespeare's Caliban has been seen since Bannister's death.

[Adolphus's Memoirs of John Bannister, 2 vols., 1838; Thespian Dictionary, 1805; Genest's Account of the English Stage, 1832; Doran's Their Majesties' Servants, 2 vols., 1864.]  BANNISTER, JOHN (1760–1836), comedian, born at Deptford 12 May 1760, was the son of Charles Bannister [q. v.] A taste for painting which he displayed while a schoolboy led to his becoming a student at the Royal Academy, where he had for associate and friend Rowlandson, the caricaturist. His theatrical bent, shown at times to the interruption of his fellow students, and, according to Nollekens, to the great disturbance of Moser, the keeper of the Academy, led to his abandoning the pursuit of painting, and adopting the stage as a profession. Before quitting the Academy he called upon David Garrick, who, two years previously, in 1776, had retired from the stage. Bannister's account of an interview which, though formidable, was not wholly discouraging, is preserved in the diary used by his biographer, Adolphus. Garrick manifested some interest in the young aspirant, and appears to have afforded him instruction in the character of Zaphna, a rôle ‘created’ by Garrick in a version by the Rev. James Miller of the ‘Mahomet’ of Voltaire. Bannister's first appearance took place at the Haymarket, for his father's benefit, on 27 Aug. 1778, as Dick in Murphy's farce, the ‘Apprentice.’ The character, a favourite with Woodward, who had died in the April of the previous year, suggested formidable comparisons, which Bannister seems to have stood fairly well. He recited on this occasion a prologue by Garrick, which Woodward was also in the habit of delivering, and wound up his share in the entertainment by exercising a strong power of mimicry which he possessed, and giving imitations of well-known actors. The following season, 1778–9, saw Bannister engaged with his father as a stock actor at Drury Lane, the début being made on 11 Nov. 1778 in the character of Zaphna (Seid in the original), commended to him by Garrick, with whom it was a favourite. Palmira was played by Mrs. Robinson, better known as Perdita, Alcanor by Bensley, and Mahomet by Palmer. On 19 Jan. following, according to Adolphus, but more probably, according to Genest, 19 Dec., he appeared, again in Voltaire, as Dorislas in a version by Aaron Hill of ‘Mérope.’ On 2 Feb. at Covent Garden he played


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 Rh the publication of Mr. Brough Smyth's work in 1878, and in the most recent accounts, those of Mr. Matthews, who "is not a missionary, they have so far disappeared that he is only said to have created the tribesmen themselves." "They say," writes Mr. Matthews, or Mr. Crawley, "that Baiame created them and gave them the country." It does not follow that they don't say he created the country. Moreover, Mrs. Langloh Parker is later, and more expansive than Mr. Matthews.

Those poor missionaries! If they say that their savages are ancestor-worshippers, or have only a vague dread of ghosts, that is all very capital; if they credit their savages with higher beliefs, why, they are, I think, not so warmly welcomed. I myself prefer the evidence of philologists, Messrs. Greenway and Ridley, to the obiter dictum of a police officer, who does not say that Baiame did not create "the country," but that preference may be due to my deplorable bias, a thing not known among my opponents. Mr. Hartland, however, is incorrect in his facts, even if we are to prefer as evidence a police officer who does not know the native language, to missionaries—who do. Infinitely the most "biblical characteristics" of Baiame known to me are contained in notes taken in 1845 by Mr. Manning. This gentleman was encouraged by Goethe, then (circ. 1832) aged eighty-five, to examine Australian beliefs. Mr. Manning read his old notes of 1845-48 to the Royal Society of Victoria in 1882. My anthropological friend regards Mr. Manning's account as "quite worthless." I don't, because so many parts of it are corroborated. But even if it be "quite worthless," it disproves Mr. Hartland's contention that Baiame's "biblical characteristics," as reported by missionaries, constantly expanded down to the publication of Mr. Brough Smyth's book in 1878. For Mr. Manning's notes of 1845 are by far the most "expansive," nor did Mr. Ridley and others borrow from them, for they were lost, though finally recovered. In 1840-1848, Mr.


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Bannister Achmet in Dr. Brown's tragedy of ‘Barbarossa.’ His transference to these boards was attributable to a species of coalition between the two great houses then in practice. His only other appearance this season was for his benefit at Covent Garden on 24 April 1779, when he acted the Prince of Wales in the ‘First Part of Henry IV,’ and Shift in Foote's comedy, the ‘Mirror,’ and gave his imitations. While Drury Lane was shut, Bannister joined Mattocks's company at Birmingham, playing such characters as Macduff, Orlando, Edgar Lothario, George Barnwell, and Simon Pure. His first ‘creation’ of importance appears to have been Don Ferolo Whiskerandos in the ‘Critic,’ which was produced at Drury Lane on 29 Oct. 1779. An appearance in ‘Hamlet’ followed, and is not remarkable, except for the fact that Bannister had influence enough to induce the management to remove the alterations in the play made by Garrick. Whatever capacity Bannister possessed in tragedy that was not eclipsed by the established reputation of Henderson had shortly to yield to the growing fame of Kemble. Lamb, who in a noted parallel between him and Suett speaks of the two as ‘more of personal favourites with the town than any actors before or after,’ says Bannister was ‘beloved for his sweet good-natured moral pretensions,’ and adds that ‘your whole conscience was stirred’ with his Walter in ‘The Children in the Wood.’ Leigh Hunt speaks of him as ‘the first low comedian on the stage.’ So late as 1787 we find him still essaying George Barnwell, and during previous years such characters as Posthumus, Oroonoko, Chamont in the ‘Orphan,’ and Juba in ‘Cato,’ divide attention with happier efforts as Charles Surface and Parolles. By the year 1787 Bannister's social and professional position was established. Inkle in ‘Inkle and Yarico’ was created by him, and Almaviva in ‘Follies of a Day’ (La Folle Journée) and Scout in the ‘Village Lawyer’ (L'Avocat Patelin) added to his repertory. Brisk in the ‘Double Dealer’ of Congreve, Sir David Dunder in Colman's ‘Ways and Means,’ Ben in ‘Love for Love,’ Brass in the ‘Confederacy,’ Scrub in the ‘Beaux' Stratagem,’ Trappanti in Cibber's ‘She would and she would not,’ Speed in the ‘Two Gentlemen of Verona,’ are among the parts that prepared the way for his conspicuous success as Sir Anthony Absolute and Tony Lumpkin, characters in which he was received with pleasure to the end of his career. In 1792 the wife of Bannister, whom he had married at Hendon on 26 Jan. 1783, and who, under her maiden name of Harper, had acquired some reputation, retired from the stage, the reason being her increasing family. Bannister still retained, in the height of his success, his taste for painting, and Rowlandson, Morland, and Gainsborough were his close friends. From this time forward his career was an unbroken triumph. The principal comic parts in the old drama fell by right into his hands, and his acceptance of a rôle in a new piece was of favourable augury. Bob Acres, Job Thornbury in ‘John Bull,’ Marplot, Caleb Quotem, Colonel Feignwell in ‘A Bold Stroke for a Wife,’ Dr. Ollapod, Young Philpot in the ‘Citizen,’ and Dr. Pangloss, are among his greatest performances; Mercutio being the only comic character of importance that seemed outside his range. In 1802–3 he was acting manager at Drury Lane. At one period, commencing 1807, he gave a monologue entertainment, with songs, entitled ‘Bannister's Budget.’ On 1 June 1815 Bannister retired from the stage, playing in Kenney's comedy, the ‘World,’ Echo, a character created by him, and affording room for a display of his mimetic gifts, and Walter in ‘Children in the Wood.’ He also spoke a farewell address. He died in Gower Street on 7 Nov. 1836, at 2 a.m., and was buried on the 14th in the church of St. Martin's-in-the-Fields in a vault with his father. The stage can point to few men of more solid virtue or unblemished character. His acting obtained the high praise of the acutest judges. Of the galaxy of comic actors which marked the close of the last and the beginning of the present century he was one of the brightest stars. A portrait of him, by Russell, R.A., in the Garrick Club, shows him with a bright and intellectual face, and a very well-shaped head.

[Adolphus's Memoirs of John Bannister, two vols. 1838; Genest's Account of the English Stage from the Restoration in 1660 to 1830, Bath, 1832, 10 vols.; Reminiscences of Michael Kelly, 2 vols., 2nd edit. Lond. 1826; Thespian Dictionary, 1805; Secret History of the Green Room, 2 vols. 1795; Dr. Doran's Their Majesties' Servants, 2 vols. 1864; Leigh Hunt's Critical Essays on the Performers of the London Theatres, 1807; Lamb's Essays of Elia, Works, vol. iii. ed. 1876.]  BANNISTER, JOHN, LL.D. (1816–1873), philologist, son of David Bannister, by his wife Elizabeth Greensides, was born at York on 25 Feb. 1816, and educated at Trinity College, Dublin (B.A., 1844; M.A., 1853; LL.B. and LL.D., 1866). He was curate of Longford, Derbyshire, 1844–5, and perpetual curate of Bridgehill, Duffield, Derbyshire, from 1846 till 1857, when he was appointed perpetual curate of St. Day, Cornwall, where he died on 30 Aug. 1873.


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 Rh Manning's version of 1845 is far the most "expanded" that I know. And, like Mr. Matthews, Mr. Manning was not a missionary.

Here, then, in 1845, we have a Baiame legend not expanded by missionaries between 1845- 1878. I may observe that Mr. Howitt in 1885 greatly "expanded" his previous account of Kurnai religion given in 1881. Mr. Howitt had not become a missionary in the interval; he had only acquired more information by being initiated. Knowledge does expand occasionally, apart from missionary fancy. Mr. Hartland then conceives it to be reasonable to infer that Europeans and natives under European influence have "unconsciously evolved" the points in Baiame's story most resembling the Christian conception of the Creator. Yet these natives "are guiltless of Christian teaching." This, we saw, is less than logical. Moreover, they had "evolved" all this as a matter of secret knowledge confined to the initiated, as early as 1845, in five years from the first known mention of Baiame. Is that very easy to believe? Then, apparently, they disevolved the belief down to the point at which it reaches Mr. Crawley and Mr. Matthews (who is not a missionary), and who does not say that Baiame did not make "the country." But they kept the form of 1845 for Mrs. Langloh Parker, who is not a missionary either. She began her studies as a disciple of Mr. Herbert Spencer. Her savage friends converted her from that position, as she is kind enough to inform me. I therefore do not see why we should reduce the Baiame legend to the form reported by Mr Crawley to Mr. Matthews, though he is not a missionary. Nor, of course, do I admit that missionaries have "expanded" the legend since 1845, because the version of 1845 is more "expanded" than any


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Bannister He is the author of: 1. ‘Jews in Cornwall,’ Truro, 1867, 8vo, reprinted from the ‘Journal of the Royal Institution of Cornwall.’ 2. ‘A Glossary of Cornish Names, ancient and modern, local, family, personal, &c.: 20,000 Celtic and other names now or formerly in use in Cornwall; with derivations and significations, for the most part conjectural, suggestive and tentative of many, and lists of unexplained names about which information is solicited,’ London, 1869–71, 8vo. This work was brought out in seven parts. The supplement, which was to have formed three additional parts, was never published, owing to the decease of the author. 3. ‘Gerlever Cernouak, a vocabulary of the ancient Cornish language,’ Egerton MS. 2328. 4. ‘English-Cornish Dictionary,’ a copy of Johnson's Dictionary, interleaved, with Cornish and other equivalents, Egerton MS. 2329. 5. ‘Cornish Vocabulary,’ being copious additions by Bannister to his printed work, Egerton MS. 2330. 6. Materials for a Glossary of Cornish Names, Egerton MS. 2331.

[Boase and Courtney's Bibl. Cornubiensis, i. 9, 10, iii. 1047; Athenæum, 27 Sept. 1873, p. 397; Cat. of Egerton MSS. in Brit. Mus.; Cat. of Printed Books in Brit. Mus.]  BANNISTER, SAXE (1790–1877), miscellaneous writer, was born at Bidlington House, Steyning, Sussex, 27 June 1790. After a preliminary training in the grammar school of Lewes he spent some years at Tunbridge school under the celebrated Dr. Knox. He was then sent to Queen's College, Oxford, where he graduated B.A. in 1813 and M.A. in 1815. Although a great reader, he did not distinguish himself at college. In fact, he himself admitted that had it not been for the lucky circumstance of the examiners selecting the subject of Socrates, which he happened to have studied thoroughly, he would undoubtedly have been plucked. After leaving the university he lived at his father's for some time doing nothing. He joined the militia as an amusement, and on Napoleon's return from Elba, when the whole country was in a ferment, Bannister at once raised a company and volunteered for the army. He received a captain's commission, and was on the eve of starting for Belgium when the news of the battle of Waterloo brought peace to the country, and he retired from the army on half-pay.

After this he studied regularly for the bar, and was called in the ordinary course at Lincoln's Inn. Owing to some interest he obtained the appointment of attorney-general of New South Wales in 1823, the remuneration being set experimentally at 1,200l. He took a lively interest in the welfare of the coloured races, and was one of the founders of the Aborigines' Protection Society. In Australia he did not work very well with several of the leading members of the government; he considered their treatment of the natives too harsh. Indeed, his condemnation of the masters' power of flogging their servants ultimately involved him in a duel, which happily was not attended by fatal consequences. He left the colony under somewhat mysterious circumstances, having been removed from office in April 1826. His own account of the matter was that he sent home a despatch, saying that unless his salary were increased he should have to resign, and that the government, wanting to get rid of him and to put a friend of theirs into the position, at once appointed his successor, to whom the increased salary was awarded. Probably the government, owing to his strained relations with the other officials, were glad to remove him. To his dying day Bannister had this grievance against every successive government. The petitions he presented were legion, and he printed in 1853 a statement of his ‘Claims.’ But his efforts to obtain compensation were fruitless, although he was supported by many old friends of position and influence, such as Vice-chancellor Sir John Stuart, Lord Chief Baron Kelly, Lord Chief Justice Bovill, Sir Thomas Duffus Hardy, and Sir Charles Eastlake.

About 1848 Dr. Paris, president of the Royal College of Physicians, gave Bannister the appointment of gentleman bedel of the college, which was a great boon at the time, the salary being 100l. and the fees about 50l. The closing years of his life he spent at Thornton Lodge, Thornton Heath, the residence of his only child, Mrs. Wyndham, the wife of Mr. Henry Wyndham, civil engineer. There he died 16 Sept. 1877.

In addition to many pamphlets on colonial and miscellaneous subjects he wrote: 1. ‘Essays on the Proper Use and the Reform of Free Grammar Schools,’ London, 1819, 8vo. 2. ‘The Judgments of Sir Orlando Bridgman, Chief Justice of the Common Pleas in 1667,’ London, 1823, 8vo, edited from the Hargrave MSS. 3. ‘A Brief Description of the Map of the Ancient World, preserved in the Cathedral Church of Hereford,’ Hereford, 1849, 4to. 4. ‘Records of British Enterprise beyond Sea,’ vol. i. (all published), 1849. 5. ‘The Paterson Public Library of Finance, Banking, and Coinage; agriculture and trade, fisheries, navigation, and engineering; geography, colonisation, and travel; statistics and political economy; founded in Westminster in 1703, and proposed to be revived


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 28 Manning lived on the northern boundaries of the Southern Settlement, where, he says, no missionaries had ever been. His chief informant was an English-speaking black. Black Andy, corroborated by several others; and by Dean Cowper and Archdeacon Günther (mere missionaries). The Archdeacon got his information "from some of the oldest blacks, who, he was satisfied, could not have derived their ideas from white men, as they then had not had intercourse with them." Mr. Manning's accounts include Baiame rooted to his crystal rock, as in Mrs. Langloh Parker's version. Baiame has a son equally "omniscient" with himself, named Grogoragally, elsewhere Boymagela—Mrs. Langloh Parker's All-seeing Spirit, I presume, but I will consult her on the point. For Mrs. Langloh Parker's Paradise, Bullimah, Mr. Manning has Ballima, with Oorooma as the place of fire (Gumby). The son of Baiame watches over conduct, and Baiame acts on his reports. Mr. Manning calls the son a "mediator;" if we say "go-between," rhetorical colouring will vanish. Indeed this kind of "colouring" chiefly consists in using words derived from the Latin. There is also the First Man (Moodgeegally), a Culture Hero. The only prayers are prayers for the souls of the dead, of which a corroborative example is given by Mrs. Langloh Parker, in "The Legend of Eerin" (More Legendary Tales, p. 96). These prayers were not borrowed from Protestant missionaries!" The doctrines were imparted in the mysteries. Mr. Hartland will admit that missionaries have not "constantly expanded" down to 1878 the "biblical" features of this version of 1845-48. Though much corroborated by Mrs. Langloh Parker in 1898, Mr.


text: The New Student's Reference Work/Mozambique Channel


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 30 missionary version which has reached me. For example, it goes far beyond the account received by Mr. Ridley (who is a missionary) about 1854-1858, and published by him in Lang's Queensland (1861). If this missionary did anything, he did not expand, but greatly reduced the "biblical characteristics" of Mr. Manning's account. No doubt he neither reduced nor expanded, but repeated what the natives had told him about Baiame as a Creator.

All this is conclusive against Mr. Hartland's theory of missionary expansions between 1840 and 1878, but it is not conclusive against early borrowing. Here I am anxious to allow the utmost "law" to the borrowing theory. If this belief were a popular tale, a Märchen like Cinderella, told by children or old native women, but despised by the men (as such tales, aniles fabulæ, often are among savages and peasants), I would at once come into the borrowing theory as far as the most probable. A single escaped convict might infect the whole Australian continent with Cinderella or Puss in Boots, though oddly enough real analogues of our Märchen do not seem to be found among the natives. Now, when Mr. Manning read his notes of 1845 to the Royal Society of New South Wales in 1882, he appealed to a friend, Mr. John Mann, for corroboration. He did not get it. Mr, Mann said that "he had never met one aborigine who had any true belief in a Supreme Being," Baiame was not up to Mr. Mann's standard. On the other hand, "when cross-examined," the blacks always admitted that they had got their knowledge from Europeans. When cross-examined they never contradict their interrogator's ideas. Mr. Mann's ideas were obviously negative. Mr. Palmer, however, corroborated Mr. Manning. Mr. Mann's view was that the curiosity of the blacks urged them to


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Rh inform themselves about the religion of the whites, and that perversions of Christian doctrine were passed about across the continent as songs and dances are transmitted. This theory I would accept at once if we were dealing with Märchen, aniles fabulæ, despised by the men and to be picked up from the old women. But, notoriously, the inner religious beliefs are concealed from the women under pain of death. Mr. Manning's informants dared only to halfwhisper their lore in secret places. One of them, after repeatedly examining doors and windows, slunk "into a wooden fire-place," and murmured his gospel. The reason always given was, that if a man's wife came to know these things, he would be obliged to kill her, lest the news should spread among the women. This "quite worthless" evidence of Mr. Manning's is corroborated by Mr. Howitt, to whom a man said: "If a woman were to hear these things, or hear what we tell the boys, I would kill her" (Journal of the Anthropological Institute, vol. xiv., p. 310). Knowledge on the part of the women would mean cataclysm, universal madness, universal massacre. Now, if the advocates of the borrowing theory had looked at the subject all round, they must have observed that missionaries do not usually neglect to teach women. If then the "biblical characteristics" were borrowed from missionaries, the women would know them already. But they don't. Again, why should blacks hide from whites just the very things which whites have taught them? Once more, Mr. Hale (1840) remarked on the extreme aversion of the blacks to borrow any idea from Europeans. Now, of all things, the mysteries are, or then were, the most unalterable, and, of all men, the sages who direct the mysteries are the most conservative. Messrs. Spencer and Gillen have a


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 32 long and judicious passage on the question, "Can changes be introduced into the rites?" and though they think the thing may, and, "in the dark backward and abysm of time," probably must, have been managed, it was confessedly very difficult. But from that possibility to the sudden acceptance from missionaries and insertion in the secret archaic rites of all the "biblical characteristics" we discuss is a very long step. These glaringly obvious difficulties do not seem to have been noticed at all by the friends of the theory of borrowing. So much for Mr. Tylor's contention that biblical analogies (which I presume I also may now regard as biblical in character) are of European origin.

Next, as to Creation, attributed to Baiame among others. "To use the word creation is to import into the deeds of an imaginary being, who is presented, if not as a 'deified blackfellow,' at least as hardly more than a very exalted savage wizard, ideas which do not belong to them [to those deeds], and therefore are utterly misleading to the reader," says Mr. Hartland. Now, in plenty of contradictory myths, Baiame is a rather low type of wizard; but, when my authorities tell me of "creation" by him, or by another being, what other word am I to use? If Baiame "made earth and water, sky, animals, and men," what did he do but "create"? I am not reduced to mere missionary evidence. In 1845 Mr. Eyre (not a missionary) described "the origin of creation" as narrated to him by blacks of the Murring. Noorele, with three unbegotten sons, lives up among the clouds. (Noorele, like Elohim, may, it seems, be plural.) He is "all-powerful" (not omnipotent, which is rhetorical, only "all-powerful)" "and of benevolent character. He made the earth, trees, waters, &c." "He receives the souls (ladko = umbræ) of the natives, who


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LETTERS OF JANE AUSTEN bespeak the stockings! I hope he will be too hot all the rest of his life for it!

I sent you a letter yesterday to Ibthorp, which I suppose you will not receive at Kintbury. It was not very long or very witty, and therefore if you never receive it, it does not much signify. I wrote principally to tell you that the Coopers were arrived and in good health. The little boy is very like Dr. Cooper, and the little girl is to resemble Jane, they say.

Our party to Ashe to-morrow night will consist of Edward Cooper, James (for a ball is nothing without him), Buller, who is now staying with us, and I. I look forward with great impatience to it, as I rather expect to receive an offer from my friend in the course of the evening. I shall refuse him, however, unless he promises to give away his white coat. I am very much flattered by your commendation of my last letter, for I write only for fame, and without any view to pecuniary emolument.

Edward is gone to spend the day with his friend, John Lyford, and does not return till to-morrow. Anna is now here; she came up in her chaise to spend the day with her young cousins, but she does not much take to them or to anything about them, except Caroline’s spinning-wheel. I am very glad to find from Mary that Rh


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 Rh join him in the skies, and will never die again." What am I to call the deed of the all-powerful Noorele, if I do not call it, as Mr. Eyre does, "creation"? I am not "importing ideas which do not belong to them," unless Mr. Eyre fables. Nor am I citing a witness prejudiced in favour of my notions. "A Deity or Great First Cause can hardly be said to be acknowledged," says Mr. Eyre, just before saying that He is acknowledged.

Yet Mr. Hartland writes: "We know that the idea of creation, as we use it, is completely foreign to savage ideas." I don't know how Mr. Hartland uses it; I use it to mean the making of all things. The Zuñis say that Ahonawilona "thought himself out into space." Perhaps it happened in that way. The details of making all things are obscure. There are scores of savage contradictory myths on the subject, but these do not invalidate the creative idea, unless the making of Adam out of dust, and of Eve out of Adam's rib, invalidates what Mr. Hartland justly calls "the sublime conception of the creative fiat as set forth in the book of Genesis." The very latest diaskeuasts or editors of Genesis did not keep it up to the level of the first part of the first chapter, and it would be absurd to ask naked savages to be more constant than they to a great idea. Contrary to Mr. Crawley's and Mr. Matthews's Baiame, who only made blackfellows (if that is what Mr. Matthews or Mr. Crawley means), is Mangarrah of the Larrakeah, who made everything except black-fellows. Dawed, a subordinate, appears to have made them; Mangarrah "made everything .... He never dies, and likes all blackfellows."

In North-West-Central Queensland we find Mul-ka-ri "a benevolent, omnipresent, supernatural being; anything


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 34 incomprehensible.” “Mulkari tikkara ena—Lord who dwellest in the skies.” “Mulkari is the supernatural power who makes everything which the blacks cannot otherwise account for; he is a good beneficent person, and never kills anyone.” His home is in the skies. He was also a medicine-man, has the usual low myths about him, and invented magic. So writes Dr. Roth, who knows the local Pitta Pitta language—and is not a missionary.

The blacks may have no right to the higher ideas, but—there they are, and not borrowed, Waitz thinks, from Europeans. Here Mr. Hartland introduces the fact that the Noongahburrahs regard Baiame, or Byamee, as only a great medicine-man, with wives, and so forth (Folk-Lore, p. 303, note 1). “No doubt this is ‘folklore,’ and not part and parcel of the mysteries. Perhaps, therefore, Mr. Lang will seek to put it out of court as a ‘a kind of joke, with no sacredness about it.’ ” Mr. Lang will let it be as Mr. Hartland pleases, but the Noongahburrah happen to put it out of court as “a kind of joke, with no sacredness about it.” The low myths occur in the first series of Mrs. Langloh Parker’s Legendary Tales. About these she says: “They were all such legends as are told to the black piccaninnies; among the present (tales) are some they would not be allowed to hear, touching as they do on sacred subjects, taboo to the young” (More Legendary Tales, p. xv.). The “sacred” tales are, I suppose, the beautiful “Legend of Eerin,” and “Legend of the Flowers,” with the touching prayer for the soul of Eerin, and the account of the All-seeing Spirit. Thus Mr. Hartland may note the trend of Noongahburrah opinion: they draw a line between sacred and profane.

As to Bunjil or Pundjel, which seems equivalent to Baal,