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 commission then appointed for the maintenance of church discipline. When the presbyterians obtained the ascendency, Archbishop Spottiswood and several of the bishops fled to England, and Wishart and others joined them at Morpeth. Thence Wishart went with Spottiswood to Newcastle, and probably to London. The general assembly of 1638 deposed the bishops, and in December 1638 the case of Wishart was before the assembly, as the congregation complained that he ‘had deserted them above eight months,’ but expressed willingness to have him back again. The matter was continued; but at length, in 1639, Wishart was deposed by the general assembly, having been absent for eighteen months. He returned with Spottiswood early in 1639 to Newcastle, and on 19 Oct. of that year he was appointed to a lectureship there in All Saints.

Scott (Fasti, ii. 394) states that in 1640 Wishart also held an afternoon lectureship at St. Nicholas, Newcastle, in conjunction with his other appointment. When the covenanters under Leslie besieged the town, Wishart was forced to flee; but after the departure of the Scots army on 25 Sept. 1641, he returned to Newcastle. From the journal of the House of Commons for 18 June 1642 it appears that he was ‘dismissed from his preferment as a frequenter of taverns,’ though this order seems to have been disregarded. On 12 May 1643, according to Brand's ‘History of Newcastle,’ Wishart was appointed (or reappointed) to the lectureship at St. Nicholas. He was certainly in Newcastle during the second siege of that place by Leslie from February to October 1644, for a manuscript volume of sermons written by him at that time is in the possession of the Rev. W. D. Macray of the Bodleian Library (Hist. MSS. Comm. 13th Rep. iv. 507). Newcastle fell into the hands of Leslie on 19 Oct., and Wishart was sent to Edinburgh with other captives, and imprisoned in the Thieves' Hole, the worst part of the Tolbooth. Wishart's house at Newcastle had been plundered, and his wife and five survivors of his nine children had been turned adrift. For nearly twelve months (October–August) he was confined in Edinburgh Tolbooth. On 28 Jan. 1645 he petitioned the Scottish parliament for ‘some reasonable maintenance’ for himself and family, which apparently was granted.

Montrose won the victory at Kilsyth on 15 Aug. 1645, and immediately sent orders for the release of the prisoners at Edinburgh. Wishart joined the royalist army at Bothwell, and was appointed chaplain to Montrose, then governor-general of Scotland. From this time Wishart was constantly with the army, and his narrative of the campaign is that of an eye-witness. After the decisive battle of Philiphaugh he accompanied the remnant of the troops, and shared in the dangers of Montrose's flight. On 3 Sept. 1646 Montrose, with Wishart and a few faithful companions, sailed from the harbour of Montrose and set out for Norway. Wishart remained with Montrose during his wanderings in Europe, and at length reached The Hague, where the story of the campaign of 1644–6 was written by Wishart. The dedication of this work is dated 1 Oct. 1647, and it has been conjectured, in default of precise information from the book itself, that the first edition was printed at The Hague. Shortly after this date Wishart obtained the chaplaincy of a regiment of Scots soldiers in the pay of the Prince of Orange. In 1650 he was minister to the Scots congregation at Schiedam, and he was in that office in 1652. It has been said, on slight evidence, that Wishart was chaplain to Elizabeth, queen of Bohemia, though it is more reasonable to suppose that she only extended her favour and protection to him. After the Restoration Wishart returned to England, and in September 1660 he was appointed lecturer at St. Andrews, Newcastle, but he seems to have at once passed to the more important charge of St. Nicholas, where he had formerly been lecturer. In April 1661 he applied to the Scots parliament for some assistance out of the vacant stipends in their gift, and he received a grant of 300l. On 1 June 1662 Wishart was consecrated bishop of Edinburgh. This position he retained till his death on 25 (?) July 1671. He was buried ‘within the kirk of Holyrood house’ on 29 July, and a Latin epitaph on a mural tablet beside his grave is still legible. He married, in early life, Margaret Ogilvy, supposed to be connected with the Airlie family, and had two sons.

Estimates of Wishart's character vary according to the religious convictions of different writers. Wodrow, with characteristic prejudice against prelacy, wrote: ‘This man could not refrain from profane swearing, even upon the streets of Edinburgh; and he was a known drunkard. He published somewhat in divinity; but then, as I find it remarked by a very good hand, his lascivious poems, which, compared with the most luscious parts of Ovid, “De Arte Amandi,” are modest, gave scandal to all the world.’ Keith, on the other hand, describes


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 Wishart as ‘a person of great religion,’ who was ‘held in great veneration for his unspotted loyalty;’ and he relates that after obtaining the bishopric Wishart's benevolent spirit led him to remember and relieve the wants of presbyterian prisoners, being mindful of his own sufferings.

All the known works by Wishart are his Latin account of the campaigns of Montrose (1647), which passed into a third edition within four months; his Latin ‘Anniversary Poem’ on the death of Montrose (1651); and the manuscript sermons delivered at Newcastle in 1644. A passage in this manuscript refers to some work which the author had written on the question of the original language of St. Matthew's gospel; but this work is not known, though it may be the book referred to by Wodrow as ‘somewhat in divinity.’ The ‘lascivious poems’ which Wodrow mentions are quite unknown.

[The latest and best authority is Murdoch and Simpson's Deeds of Montrose (1893), which contains Wishart's Latin text, an English translation, and a full bibliography, together with a biography of Wishart as preface. The sketch of Wishart in Chambers's Eminent Scotsmen is very incorrect. Keith's Cat. of Bishops; Wodrow's Hist. of Church of Scotland, 1829 ed. i. 236; Lyon's Hist. of St. Andrews, ii. 13; cf. Napier's Memoirs of Montrose.]  WISHART, JAMES (d. 1729), admiral, is first mentioned on 4 July 1689 as appointed captain of the Pearl. In 1690–1 he commanded the Mary galley, employed in convoying the trade to and from the Baltic; and in 1692 the 50-gun ship Oxford at the battle of Barfleur. In 1695 he was first captain to Sir George Rooke [q. v.] in the Queen; and in 1696–7 commanded the Dorsetshire of eighty guns, one of the grand fleet under John, lord Berkeley of Stratton (1663–1697) [q. v.], and, after his death, under Rooke. In 1699 he was captain of the Mary, in 1700 of the Windsor, in 1701 of the Expedition, and later in the year of the Dartmouth. These seem all to have been guardships during the peace; in 1702 he commanded the Eagle in the fleet off Cadiz and at Vigo under Rooke; in 1703 he was again Rooke's first captain in the Channel fleet. In the following January, when Captain William Whetstone [q. v.], who was a few days junior to Wishart on the post list, was promoted to be rear-admiral of the blue, Rooke took the matter up very warmly as an injustice to Wishart and a reflection on himself (, ii. 301–3; Journal of Sir George Rooke, pp. 258–62), and practically compelled Prince George, the lord high admiral, to promote Wishart, antedating his commission to 8 Jan., so as to restore his seniority; at the same time Wishart was knighted, apparently out of compliment to Rooke, with whom he continued through 1704 as first captain or, as it is now called, captain of the fleet. On 20 June 1708 Wishart was appointed one of the prince's council, an office which came to an end on the prince's death on 28 Oct.

On 20 Dec. 1708 he was promoted to be admiral of the blue. This revived the old question of his relative seniority, and Sir John Jennings [q. v.] and Sir John Norris (1660?–1749) [q. v.], who were both senior to him on the post list, and John Baker (1661–1716) [q. v.] and Sir Edward Whitaker [q. v.], who, though junior, had hoisted their flags as vice-admirals, were antedated to 17, 18, and 20 Dec., with special minutes that they took post before Wishart. By an order from the queen signified by Lord Bolingbroke on 8 Dec. 1713, these minutes were carefully obliterated, and can now only be read with great difficulty. On 20 Dec. 1710 Wishart, who had identified himself with the tories, was appointed one of the lords of the admiralty, and in February 1711–12 he was sent to Holland as commissioner to regulate the relative strength of the Dutch contingent of the fleet. On 8 Dec. 1713, the date of the obliterations, he was promoted to be admiral of the white squadron, and appointed commander-in-chief in the Mediterranean. He was M.P. for Portsmouth 1711 to 1715. On the accession of George I, however, he paid the penalty for dabbling in politics. He was summarily superseded from his command and had no further employment. His later years seem to have been passed at an estate which he had purchased with his own and his wife's money, near Bedale in Yorkshire, and there he died in 1729.

[Charnock's Biogr. Nav. ii. 299; Official letters and commission and warrant books in the Public Record Office.]

WISHART, JOHN (d. 1576), Scottish judge, was the eldest son of James Wishart of Cairnbeg in the parish of Fordoun, Kincardineshire, and grandson of James Wishart of Pittarrow in the same parish, clerk of the justiciary court and king's advocate. He succeeded his uncle, John Wishart, in the lands and barony of Pittarrow.

Wishart, like his grandfather, studied law at Edinburgh. It is conjectured with some probability that he was identical with the Wishart employed as an envoy to the English court in the conspiracy against Cardinal

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Rh “While this process was devised by me with reference to the preparation of paper for use by photographers, I do not by any means consider it as limited to such use, as sheets of material may be coated in the manner described with alcohol, aqueous, alkaline, or acid solutions, or with fused resins, oils, varnishes, or paints But care must be taken to have the fluid, with which the sheet is saturated, one with which the covering or coating solution or fluid has an affinity.

“The object of thoroughly and uniformly saturating the sheets before applying them to the table is to cause them to lie flat thereupon, so that, if the sheet is of uniform thickness, there will be no valleys in which the deposit of coating matter will be thick, or hills on which it will be thin.”

It will be seen that the patent issued to Mr. Crosman is only for making tissue for use by the Swan, or other processes described hereafter. What arrangements, if any, will be made to allow the photographers of this country to use Mr. Swan's process we cannot yet say, but we are assured that no interference whatever will at present be made with any one who may feel inclined to take it up and experiment with it. A great many have already done so, and are also making their own tissue. The making of the tissue is troublesome, and it is more economical to buy it of the dealers. Great credit, honor and praise is due to Mr. Swan for his process, and the whole world is indebted to him. We had heard that Mr. Swan's and the Crosman interest had been combined, but there has been no public announcement of such a combination. We suppose it is not Mr. Swan's intention to disturb those who are working his process in this country at present. In time, he will no doubt announce his plan for licensing.

A number are now using the process, and have been doing so for two years without interference, and we believe all are safe in doing the same.

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324 "."

"."

LIST OF PLATES.


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326 Greek shrines of his day ; and this by-and-by develops into the idol statue of the highest artistic type. Thus in India we find the early ritual prescribing that the altar for the reception of the Soma was to be constructed in the form of a woman. So in Greece, to quote Mr. Farnell, "at the earliest stages of iconism of which literature and the monuments have left record, we find the form of the god darkly emerging from the inorganic block, the λίθος ξεστός, but the features of the embryo form are human ;" and he goes on to say: "It concerns the history of the people's religion to know in what way the image was regarded. Was it merely a symbol bringing home to the senses the invisible and remote divinity ? Probably this was never the popular view, nor was it original. We may believe that for the early and cultivated Greek, as for all less advanced peoples, 'the nature and power of the divinity were there in the image.' It is hard, indeed, to find any passage that establishes the exact identity of the deity and the image in ancient belief, but many show the view that the statue was in the most intimate sense the shrine, or the έδος, of the divinity, and often animated by its presence." It is certainly remarkable that, as far as I am aware, no distinct statement in the classical literature of Greece or Rome points to the adoption of any definite method of infusing the divinity into the image which expressed and represented its attributes. That some idea of the necessity of such procedure was at one time recognised may perhaps be inferred from the facts that the Greeks had a technical term, ίδρύσις, which is applied by Dionysius of Halicarnassus to the inauguration of the ξόανον, or wooden statue ; but of the exact ritual no details, so far as I am aware, survive. We may, however, perhaps guess that the ritual followed the


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Rh lines by which both in Greece and Rome the demarcation of the τέμενος or templum, the spot sanctified by the theophany, was effected by the augurs and pontiffs. Until the actual presence of the god was thus secured, the spot did not in Rome rise to the dignity of a templum, but received the less holy title of sacrum, sacrarium, or sacellum. We are fortunately not without information on the subject drawn from the usages of other people. This I venture to bring before you this evening, more particularly because I think that the principles which underlie this branch of ritual go some way to explain other observances, and more particularly one of the most remarkable and obscure legends in the Iliad of Homer. I will therefore first ask you to consider the early Hindu ritual which is given in chapter 265 of the Matsya Purâna. For a hitherto unpublished version of this remarkable passage I am indebted to the courtesy of Mr. C. H. Tawney, C.I.E., the learned librarian of the India Office, of whose services to the cause of folklore in the translation of the Kathâ Sarit Sâgara I need not remind any members of this Society. The present recension of this Purâna can be traced back to about the eighth century A.D. But both Mr. Tawney and Professor Weber agree that it has preserved much of the primitive ritual of the early Hindu writings ; and this, indeed, is sufficiently obvious from its contents. After describing some preliminary rites the author goes on: "But after he has deposited the various objects with Mantras (spells) let him anoint the cavity with milk and diligently cover it over with a white cloth. Then having raised up the mighty god, let him place him in the splendid desired place, over the cavity, with the Mantra 'Heaven is firm, the earth is firm, the mountains are firm, firm is the king of subjects.' Then, having placed the god firmly, he should place his hand on his head and meditate with the utmost piety on the undivided god of gods, and should


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328 the Devavrata hymn and the Soma hymn and the Rudra hymn, and having made himself like Siva adorned in the many ornaments, he should in meditation call up the form of whatever god he may be setting up, thus : 'Having become a god, I set up the mighty god Vishnu, resembling the flower of the flax, bearing the conch, discus, and club. I set up Siva Trilochana, the three-eyed and ten-armed, having the half-moon for his crest, lord of Ganas, seated on a bull. I set up Brahma, praised of hermits, the four-faced god wearing the twisted locks, great-armed, sprung from the lotus. I set up the Sun, thousand-rayed, calm, accompanied by bands of Apsarases, lotus-handed, great-armed.' "In the same way he should utter Mantras referring to gods, to Siva when setting up Siva, to Vishnu when setting up Vishnu, to Brahma when setting up Brahma. And wise men should utter Mantras referring to Sûrya, the Sun, when setting him up, and in the case of the other gods the Mantras referring to them. But since the establishment of gods with Mantras gives joy, whatever god he sets up he should make him the chief, and should remember the other gods standing at his side as attendants." Then follows the prayer : "Approach, revered one, be merciful, be gracious, be everlasting! Receive, revered one, this holy water for the feet, this for rinsing the mouth, this seat over which the holy words have been spoken. Hail!" Then the person dedicating the image is directed to have it bathed with curds and ghi, with a declaration that the day is a holiday, and with the salutary recital of sacred words. He should not move the god after he is set up, otherwise he will be guilty of sin. And he should fill up all the chinks in the pedestal of the image with sand — I suppose, with an idea that no evil spirit may take up its quarters in the neighbourhood of the image.

The ritual ends with the solemn injunction : "This erecting of a god is not to be performed by an immoral


text: Template:Constitution of Sri Lanka

title: Template:Constitution of Sri Lanka


text:
Constitution of Sri Lanka/Eighteenth Amendment

Section 1 Short title
1. This Act may be cited as the Eighteenth Amendment to the Constitution.

Section 2 Amendment of Article 31 of the Constitution of the Democratic Socialist Republic of Sri Lanka
2. The Constitution of the Democratic Socialist Republic of Sri Lanka (hereinafter referred to as the “Constitution”) is hereby amended in Article 31 thereof, as follows:—
 * (1) by the repeal of paragraph (2) of that Article; and
 * (2) in paragraph (3A) (a)(i) of that Article—
 * (a) by the substitution for the words “at any time after the expiration of four years from the commencement of his first term of office” of the words “at any time after the expiration of four years from the commencement of his current term of office”; and
 * (b) by the substitution for the words “by election, for a further term.” of the following:—
 * “by election, for a further term:
 * Provided that, where the President is elected in terms of this Article for a further term of office, the provisions of this Article shall mutatis mutandis apply in respect of any subsequent term of office to which he may be so elected.”.

Section 3 Amendment of Article 32 of the Constitution
3. Article 32 of the Constitution is hereby amended as follows:—
 * (1) by the repeal of paragraph (3) of thereof, and the substitution therefor of the following:—
 * “(3) The President shall by virtue of his office attend Parliament once in every three months. In the discharge of this function the President shall be entitled to all the privileges, immunities and powers of a Member of Parliament, other than the entitlement to vote, and shall not be liable for any breach of the privileges of Parliament or of its members”; and
 * (2) by the addition immediately after paragraph (3) thereof, of the following new paragraph:—
 * “(4) The President shall by virtue of his office, also have the right to address and send messages to Parliament.”.

Section 4 Repeal of Chapter VIIA of the Constitution
4. Chapter VIIA of the Constitution (Articles 41A to 41H) is hereby repealed.

Section 5 Insertion of new Article 41A in the Constitution
5. The following new Heading and Article is hereby inserted immediately after Article 41 of the Constitution and shall have effect as the Heading and Article 41A thereof:—
 * 41A (President to make the appointments in respect of the Commissions and offices referred to in the Schedules)
 * (1) The Chairman and members of the Commissions referred to in Schedule I to this Article, and the persons to be appointed to the offices referred to in Part I and Part II of Schedule II of this Article, shall be appointed to the Commissions and the offices referred to in the said Schedules, by the President. In making such appointments, the President shall seek the observations of a Parliamentary Council (hereinafter in this Article referred to as “the Council”), comprising—
 * (a) the Prime Minister;
 * (b) the Speaker;
 * (c) the Leader of the Opposition;
 * (d) a nominee of the Prime Minister, who shall be a Member of Parliament; and
 * (e) a nominee of the Leader of the Opposition, who shall be a Member of Parliament:

 * Provided that, the persons appointed in terms of sub-paragraphs (d) and (e) above shall be nominated in such manner as would ensure that the nominees would belong to communities which are communities other than those to which the persons specified in paragraphs (a), (b) and (c) above, belong.

 * SCHEDULE I
 * 1. The Election Commission.
 * 2. The Public Service Commission.
 * 3. The National Police Commission.
 * 4. The Human Rights Commission of Sri Lanka.
 * 5. Commission to Investigate Allegations of Bribery or Corruption.
 * 6. The Finance Commission.
 * 7. The Delimitation Commission.

 * SCHEDULE II
 * PART I
 * 1. The Chief Justice and the Judges of the Supreme Court.
 * 2. The President and Judges of the Court of Appeal.
 * 3. The Members of the Judicial Service Commission, other than the Chairman.
 * PART II
 * 1. The Attorney-General.
 * 2. The Auditor-General.
 * 3. The Parliamentary Commissioner for Administration (Ombudsman).
 * 4. The Secretary-General of Parliament.

 * (2) The Speaker shall require the Prime Minister and the Leader of the Opposition to make such nominations within one week of the date of the coming into operation of this Act: provided that if the Prime Minister and the Leader of the Opposition fails to make such nominations the Speaker shall proceed to nominate any Members of Parliament to be nominees for the purposes of sub-paragraphs (d) and (e) of paragraph (1), taking into consideration the criteria specified in the proviso to paragraph (1) of this Article.
 * (3) If at the time the President seeks the observations of the Parliamentary Council as specified above, the Prime Minister and the Leader of the Opposition have failed to name the persons who shall be their nominees in the Council, the Speaker shall nominate such Members of Parliament to be nominees for the purposes of subparagraphs (d) and (e) of paragraph (1), taking into consideration the criteria specified in the proviso to paragraph (1) of this Article.
 * (4) Notwithstanding the provisions of paragraph (2) of Article 64 of the Constitution, the Speaker shall for the purposes of this Article, continue as Speaker on the dissolution of Parliament, until a Member of Parliament is elected to be the Speaker under paragraph (1) of the aforesaid Article. The new Speaker shall thereupon be a member of the above Council.
 * (5) Notwithstanding the dissolution of Parliament, the Leader of the Opposition shall for the purposes of this Article, continue as Leader of the Opposition, until such time after a General Election following such dissolution, a Member of Parliament is recognized as the Leader of the Opposition in Parliament. The new Leader of the Opposition shall thereupon be a member of the above Council.
 * (6) Notwithstanding the dissolution of Parliament, the nominee of the Prime Minister and the Leader of the Opposition respectively who are Members of Parliament shall continue as members until such time after a General Election following such dissolution, Members of Parliament are elected to Parliament. The Prime Minister and the Leader of the Opposition shall thereupon respectively nominate two new members of Parliament to be their nominees in terms of sub-paragraphs (d) and (e) of paragraph (1) of this Article.
 * (7) The tenure of the Council constituted under this Article shall extend for such period as specified in paragraph (2) of Article 62 and such tenure shall not be affected by any prorogation of Parliament in terms of Article 70:

 * Provided that, the persons appointed as nominees of the Prime Minister and the Leader of the Opposition respectively, may during such tenure be removed by the President or in the event of an incapacity of such nominee the President may require the Prime Minister or Leader of the Opposition, as the case may be, to nominate another Member of Parliament to be his nominee in such Council. In such an event the Member of Parliament nominated to fill the vacancy created by either removal or incapacity, as the case may be, shall continue as a member of such Council only for the unexpired period of the tenure of the member for whose vacancy he was nominated.
 * (8) When the President seeks the observations of the Council referred to in paragraph (1) for the purpose of making the appointments of the Chairman and members of the Commissions referred to in Schedule I and the persons to be appointed to the offices referred to in Part I and Part II of Schedule II to paragraph (1) of this Article, he shall require the Council to convey through the Speaker the observations of the Council, on the persons proposed by him for such appointments, within a period of one week from the date of such communication. If such Council fails to communicate its observations to him within the specified period, the President shall forthwith proceed to make the aforesaid appointments.
 * (9) Where the Leader of any recognized political party represented in Parliament desires to propose the name of any person for appointment as Chairman or member of a Commission referred to in Schedule I to paragraph (1) of this Article, he may within the period of one week specified above, forward to the Speaker the name of any person in relation thereto. The President may take such names into consideration when making such appointments.
 * (10) No person appointed to be the Chairman or member of a Commission referred to in Schedule I of this Article or any of the persons appointed to the offices referred to in Part I and Part II of Schedule II of this Article shall be removed, otherwise than in the manner provided for in the Constitution or in any law enacted for such purpose. Where no such provision is made, such person shall be removed by the President.
 * (11) The procedure to be followed in obtaining the observations of the persons specified in sub-paragraph (a), (b), (c), (d) and (e) to paragraph (1) shall be as determined by the Speaker.”.

Section 6 Amendment of Article 52 of the Constitution
6. Article 52 of the Constitution is hereby amended in paragraph (7) thereof, by the substitution for the words “the Constitutional Council, the Public Service Commission” of the words “the Public Service Commission”.

Section 7 Amendment of Article 54 of the Constitution
7. Article 54 of the Constitution is hereby amended as follows:—
 * (1) by the repeal of paragraph (1) thereof, and the substitution therefor of the following:—
 * “(1) There shall be a Public Service Commission (in this Chapter referred to as the “Commission”) which shall consist of not more than nine members appointed by the President, of whom, not less than three members shall be persons who have had over fifteen years experience as public officers. The President shall appoint one of such members as its Chairman.”;
 * (2) in paragraph (4) thereof, by the substitution for the words “removed from office by the President on the recommendation of the Constitutional Council, or ”the words “removed from office by the President, or”; and
 * (3) in paragraph (7) thereof, by the substitution for the words “for the duration of such period on the recommendation of the Constitutional Council appoint” the words “for the duration of such period appoint”.

Section 8 Replacement of Article 55 of the Constitution
8. Article 55 of the Constitution is hereby repealed and the following Article substituted therefor:—
 * 55 (Powers and functions of the Cabinet of Ministers and of the Commission)
 * (1) The Cabinet of Ministers shall provide for and determine all matters of policy relating to public officers, including policy relating to appointments, promotions, transfers, disciplinary control and dismissal.
 * (2) The appointment, promotion, transfer, disciplinary control and dismissal of all Heads of Department shall, vest in the Cabinet of Ministers.
 * (3) Subject to the provisions of the Constitution, the appointment, promotion, transfer, disciplinary control and dismissal of public officers shall be vested in the Public Service Commission.
 * (4) The Commission shall not derogate from the powers and functions of the Provincial Public Service Commissions as are established by law.
 * (5) The Commission shall be responsible and answerable to Parliament in accordance with the provisions of the Standing Orders of Parliament for the exercise and discharge of its powers and functions. The Commission shall also forward to Parliament in each calendar year, a report of its activities in respect of such year.”.

Section 9 Amendment of Article 56 of the Constitution
9. Article 56 of the Constitution is hereby amended in paragraph (1) thereof, by the substitution for the words “as are specified by the Commission” of the words, “as are specified by the Cabinet of Ministers”.

Section 10 Amendment of Article 57 of the Constitution
10. Article 57 of the Constitution is hereby amended in paragraph (1) thereof, by the substitution for the words “as are specified by the Commission” of the words, “as are specified by the Cabinet of Ministers”.

Section 11 Amendment of Article 61E of the Constitution
11. Article 61E of the Constitution is hereby amended by the repeal of paragraph (b) thereof and the substitution therefor of the following:—
 * “(b) the Attorney- General.”.

Section 12 Amendment of Article 61F of the Constitution
12. Article 61F of the Constitution is hereby amended by the omission of the words “a police officer appointed by the National Police Commission” from the definition of the expression “public officer”.

Section 13 Amendment of Article 65 of the Constitution
13. Article 65 of the Constitution is hereby amended as follows:—
 * (1) in paragraph (1) thereof, by the substitution for the words and figures “shall, subject to the provisions of Article 41C, be appointed by the President,” of the words “shall be appointed by the President”; and
 * (2) in paragraph (6) thereof, by the substitution for the words and figures “President may, subject to the provisions of Article 41C, appoint a person” of the words “President may appoint a person”.

Section 14 Amendment of Article 91 of the Constitution
14. Article 91 of the Constitution is hereby amended in paragraph (1) thereof, by the repeal of sub-paragraph (d) (vb) of such paragraph.

Section 15 Amendment of Article 92 of the Constitution
15. Article 92 of the Constitution is hereby amended by the repeal of paragraph (c) of such Article.

Section 16 Amendment of Article 103 of the Constitution
16. Article 103 of the Constitution is hereby amended as follows:—
 * (1) in paragraph (1) thereof, by the substitution for the words:—
 * (a) “consisting of five members” of the words “consisting of three members”; and
 * (b) “The President shall on the recommendation of the Constitutional Council,” of the words “The President shall,”; and
 * (2) in paragraph (7) thereof, “for the period of such leave. Every such appointment shall be made on the recommendation of the Constitutional Council.” of the words “for the period of such leave.”.

Section 17 Amendment of Article 104B of the Constitution
17. Article 104B of the Constitution is hereby amended as follows:—
 * (1) by the insertion immediately after paragraph (4) thereof, of the following new paragraph:—
 * “(4a) For the avoidance of doubt it is stated that any guideline issued by the Commission during the period commencing on the date of the making of an Order for the holding of an election or the date of the making of a Proclamation requiring the conduct of the Referendum, as the case may be, shall—
 * (a) be limited to matters which are directly connected with the holding of the respective election or the conduct of the respective Referendum, as the case may be; and
 * (b) not be connected directly with any matter relating to the public service or any matter within the ambit of administration of the Public Service Commission or the Judicial Service Commission, as the case may be, appointed under the Constitution.”; and
 * (2) in paragraph (5), by the repeal of sub-paragraphs (b), (c) and (d) thereof and the substitution therefor of the following paragraph:—
 * “(b) It shall be the duty of any broadcasting or telecasting operator or any proprietor or publisher of a newspaper, as the case may be, to take all necessary steps to ensure compliance with any guidelines as are issued to them under paragraph (a).”.

Section 18 Amendment of Article 104E of the Constitution
18. Article 104E of the Constitution is hereby amended in paragraph (1) thereof, by the substitution for the words “who shall, subject to the approval of the Constitutional Council,” of the words “who shall”.

Section 19 Amendment of Article 107 of the Constitution
19. Article 107 of the Constitution is hereby amended in paragraph (1) thereof, by the substitution for the words and figures “shall, subject to the provisions of Article 41C, be appointed by the President by Warrant under his hand” of the words, “shall be appointed by the President by Warrant under his hand”.

Section 20 Amendment of article 109 of the Constitution
20. Article 109 of the Constitution is hereby amended as follows:—
 * (1) in paragraph (1) thereof, by the substitution for the words and figures “the President shall, subject to the provisions of Article 41C, appoint,” of the words “the President shall appoint”; and
 * (2) in paragraph (2) thereof, by the substitution for the words and figures “the President may, subject to the provisions of Article 41C, appoint another person” of the words “ the President may appoint another person”.

Section 21 Amendment of Article 111D of the Constitution
21. Article 111D of the Constitution is hereby amended in paragraph (1) thereof, by the substitution for the words and figures “appointed by the President subject to the provisions of Article 41C” of the words “appointed by the President”.

Section 22 Amendment of Article 111E of the Constitution
22. Article 111E of the Constitution is hereby amended as follows:—
 * (1) in paragraph (5) thereof, by the substitution for the words “and may appoint on the recommendation of the Constitutional Council” of the words “and may appoint”; and
 * (2) in paragraph (6) thereof, by the substitution for the words “may, on the recommendation of the Constitutional Council”, of the word “may”.

Section 23 Amendment of Article 153 of the Constitution
23. Article 153 of the Constitution is hereby amended as follows:—
 * (1) in paragraph (1) thereof, by the substitution for the words and figures “shall, subject to the provisions of Article 41C, be appointed by the President,” of the words “shall be appointed by the President”; and
 * (2) in paragraph (4) thereof, by the substitution for the words and figures “the President may, subject to the provisions of Article 41C, appoint” of the words “the President may appoint”.

Section 24 Amendment of Article 154 of the Constitution
24. Article 154 of the Constitution is hereby amended in paragraph (1) thereof by the substitution for the words “the Public Service Commission” of the words, “the Public Service Commission, the Provincial Public Service Commissions”.

Section 25 Amendment of Article 154R of the Constitution
25. Article 154R of the Constitution is hereby amended in sub-paragraph (c) of paragraph (1) thereof, by the substitution for the words “three other members who are appointed by the President on the recommendation of the Constitution Council, to represent” of the words “three other members appointed by the President, to represent”.

Section 26 Amendment of Article 155A of the Constitution
26. Article 155A of the Constitution is hereby amended as follows:—
 * (1) by the repeal of paragraph (1) thereof, and the substitution therefor of the following:—
 * “(1) There shall be a National Police Commission (in this Chapter referred to as “the Commission”) consisting of not more than seven members appointed by the President. The President shall appoint one member as the Chairman.”; and
 * (2) in paragraph (4) thereof, by the substitution for the words “from office by the President on the recommendation of the Constitutional Council, or” of the words “from office by the President, or”.

Section 27 Insertion of new Articles 155FF and 155FFF in the Constitution
27. The following new Articles are hereby inserted immediately after Article 155F of the Constitution and shall have effect as Articles 155FF and 155FFF thereof:—
 * 155FF (Powers of the Commission)
 * The Commission shall be empowered to entertain and investigate complaints from members of the public or any aggrieved person against a police officer or the police force, and shall provide redress in accordance with the provisions of any law enacted by Parliament. For this purpose the Commission may make rules to establish procedures for entertaining and investigating complaints from members of the public or any aggrieved person.
 * 155FFF (Commission to make rules)
 * The Commission shall from time to time, make rules for such matters which require rules to be made. Every such rule shall be published in the Gazette.”.

Section 28 Repeal of Article 155G of the Constitution
28. Article 155G of the Constitution is hereby repealed.

Section 29 Repeal of Article 155H of the Constitution
29. Article 155H of the Constitution is hereby repealed.

Section 30 Repeal of Article 155J of the Constitution
30. Article 155J of the Constitution is hereby repealed.

Section 31 Repeal of Article 155K of the Constitution
31. Article 155K of the Constitution is hereby repealed.

Section 32 1Repeal of Article 155L of the Constitution
32. Article 155L of the Constitution is hereby repealed.

Section 33 Replacement of Article 155M of the Constitution
33. Article 155M of the Constitution is hereby repealed and the following Article substituted therefor:—
 * 155M (Saving of existing rules and regulation)
 * All rules and regulations and procedures in force on the date of the commencement of this Article relating to police officers shall be deemed to continue to be operative, until rules, regulations and procedures are made hereunder by the Public Service Commission.”.

Section 34 Amendment of Article 156 of the Constitution
34. Article 156 of the Constitution is hereby amended as follows:—
 * (1) in paragraph (2) thereof, by the substitution for the words and figures “shall, subject to the provisions of Article 41c, be appointed by the President,” of the words “shall be appointed by the President”;
 * (2) in paragraph (5) thereof, by the substitution for the words and figures “the President shall, subject to the provisions of Article 41C, appoint” of the words “the President shall appoint”.

Section 35 Amendment of Article 170 of the Constitution
35. Article 170 of the Constitution is hereby amended in the definition of the expression “public officer” by the repeal of paragraph (ca) thereof.

Section 36 Avoidance of doubts
36. For the avoidance of doubts it is hereby declared that:—
 * (1) the members of the Judicial Service Commission established under Article IIID of the Constitution and holding office on the date prior to the commencement of this Act, shall from and after the date of the commencement of this Act, continue to hold office as such members and to exercise and discharge the powers and functions vested in the Commission under the Constitution.
 * (2) the Chief Justice and the other Judges of the Supreme Court and the President and the other Judges of the Court of Appeal and the Judges of the High Court holding office on the date prior to the commencement of this Act, shall from and after the date of the commencement of this Act, continue to hold office and exercise and discharge the powers and functions vested in them under the Constitution.
 * (3) the persons holding office as the Secretary of the Judicial Service Commission, the Attorney-General, the Auditor-General, the Inspector-General of Police, the Parliamentary Commissioner for Administration (Ombudsman) and the Secretary-General of Parliament holding office on the date prior to the commencement of this Act, shall from and after the date of the commencement of this Act, continue to hold office and exercise and discharge the powers and functions vested in them under the Constitution.
 * (4) the person holding office as the Commissioner of Elections on the date prior to the commencement of this Act, shall from and after the date of the commencement of this Act, continue to hold office and exercise and discharge the powers and functions vested in him under the Constitution as Commissioner of Elections until the Election Commission is constituted in terms of Article 103 and from and after the date of the constitution of the Election Commission, cease to hold office as the Commissioner of Elections: Provided that the President may, if he considers it expedient to do so or if the exigencies of a situation so requires it, at any time prior to the constitution of the Election Commission, appoint to the office of Commissioner of Elections, a person holding office as an Additional Commissioner of Elections or a Deputy Commissioner of Elections to discharge the functions presently conferred on the Commission by the Constitution.
 * (5) all matters pertaining to the appointment, promotion, transfer, disciplinary control and dismissal of Police Officers pending before the National Police Commission established under Chapter XVIIIA of the Constitution on the date prior to the commencement of this Act, shall from and after the date of the commencement of this Act, be vested in the Public Service Commission and any appeal made by a police officer pending before the National Police Commission on the date prior to the commencement of this Act, shall, from and after the date of the commencement of this Act, stand transferred to the Public Service Commission and shall be heard and completed accordingly.
 * (6) all appointments made in respect of the Commissions and officers described in the foregoing sections of this Act, by the Constitutional Council prior to its repeal during the period commencing on the day on which the term of the aforesaid Council expired and the date of the coming into operation of this Act, shall be deemed to be valid and effectual.
 * (7) the staff of the Public Service Commission shall be members of the public service and be subject to the rules as are applicable to a public officer in relation to the rank of such officer.
 * (8) from and after the appointment of the Election Commission in terms of the Constitution, the Department of Elections shall be deemed to be the staff of such Commission for the purposes of Chapter XIVA of the Constitution and shall whenever it is so required for the duration of an election or a referendum, perform the functions of a Secretariat.

Section 37 Sinhala text to prevail in case of inconsistency
37. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.


text:
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Rh brought out once a year. We have the same custom in the Hindu practice of annually bringing out and parading the images of Jaggannâth and Krishna. But this rule is not invariable, for the idols in Tahiti are brought out and exposed to the sun every three months. One of the great gods of Samoa was Tui Tokelau ; "he was supposed to be embodied in a stone which was carefully wrapped up with fine mats and never seen by any one but the king, and that only once a year, when the decayed mats were stripped off and thrown away;" no one dared to appropriate the decayed mats. Lord Roden in his Progress of the Reformation in Ireland speaks of a stone idol, called Neevougi, which was wrapped in homespun flannel by an old woman, its priestess. I might add that the principles which we have been considering seem to throw considerable light on the very curious question of the theft of gods — why, for instance, a stolen god is more valuable than one honestly acquired, as the image of Pluto which Ptolemy Soter got stolen, and why every old woman will tell you that the best cure for the rheumatics is to steal a potato from a greengrocer's stall. But I fear I have already trespassed too long on your patience, and this with many other questions connected with idols must stand aside for the present.


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 Rh I must at the outset state that the sense which I attach to the term folklore in the present connection is that of elements of culture surviving among the less advanced sections of the community, but discarded by the more advanced. Whether the idea of survival necessarily belongs to the conception of folklore used in its widest significance is a question that need not be discussed here; in connection with a community like the British, the more advanced members of which have entirely or almost entirely outgrown the philosophical and artistic ideas embodied in folklore, survival must be regarded as the dominant and characteristic note of the latter. Folklore, then, I treat this evening as a survival of elements of culture. These elements may, it is evident, be of different nature and intent, and may also survive from strata of culture different either sociologically or historically. As far as the difference of these elements in nature and intent is concerned, I have already indicated the two classes into which I divide them: philosophical and artistic. As far as their origin in varying sociological and historical strata of culture is concerned, racial considerations may or may not be involved. The same race may conceivably pass through such sociological changes, be affected by such varying historical conditions, as to bring about the difference between the conceptions and ideals of various sections of the race resulting in folklore. On the other hand, admixture of races is on a priori grounds an extremely likely factor in the production of folklore. It nearly always implies dominance of one, and the conceptions and ideals of the dominating supersede and oust those of the dominated race, but rarely to such an extent as to prevent their survival as folklore. Do the known facts of British history, using the term in its widest sense, justify the hypothesis of varying racial elements as a dominant factor in the production of existing British folklore, and is that hypothesis further justified by a searching and unbiassed examination of our folklore itself?


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 32 In endeavouring to answer this question, the two classes into which I divide folklore must in my judgment be considered separately. I have styled them philosophical and artistic. The terms will serve provided it be clearly understood that folk philosophy is definitely and rigidly practical. Man in the folklore stage philosophises with a view to action; it is in the last degree essential that his philosophy should be sound, as it is to result in action the effects of which involve life or death, dearth or plenty, weal or woe for him. Philosophical speculation in the air, without any definite relation to or bearing upon the practical conduct of life, is one of those benefits of progress which man in the folklore stage not only contrives to do without, but the excellence of which he fails to grasp.

This practical philosophy is necessarily largely conditioned by the sociological surroundings of the community. The agriculturist, the hunter, the warrior have not precisely the same object in view; and as their philosophy is designed to result in action which shall attain the object, it must necessarily differ to some extent. But the variation need not be large; the details of the philosophy may, nay must, vary slightly, but the guiding principles remain the same. Increase of the medium of sustenance, whether it be mainly vegetable or mainly animal, increase in the capacity for offence and defence alike of the community and of the individual against other men, against other animals, against the invisible forces which ever, as storm and drought and pestilence, war against mankind, increase in the capacity for augmenting individual or communal sway over the more primitive human passions, lust and hate and greed—such are the objects aimed at alike by the peasant, the hunter, or the warrior. His philosophy is to help him to achieve them.

It follows, I think, that as regards this, the practical side of the primitive philosophy we style folklore when it confronts our advanced thought, the discrimination of racial


text:
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 Rh elements is a task of extraordinary delicacy. The objects of that philosophy are universally human—man must eat, must defend himself, ever seeks to gratify the overpowering impulses Ave style passion. It is a priori unlikely that different groups of mankind should elaborate markedly distinct philosophies, and this unlikelihood is intensified by examination of such groups or individuals as still live, or have lived in the the past, in the folklore stage. We find amazingly close kinship all the world over, and at all stages of recorded history, between practices intended to ensure plenty of crop or herd, to avert defeat or pestilence, to enable the gratification of lust or hate. I have already stated that communities living for a long lapse of time in the same stratum of culture will naturally develop special details of practice suited to their special needs. A community of fishermen of several centuries' standing brought suddenly into contact with one of nomad herds, or of fixed tillers of the soil, will certainly have a vast number of folklore items to exchange with its newly-found neighbours, but the philosophy under which these items have assumed form will be found to be largely identical. The only marked variation that is likely in my opinion to take place in the practical philosophy of communities living in the folklore stage is when one of them devotes itself exclusively or almost exclusively to war as a means of winning food and gratifying passion. Such large sections of the philosophy fall into desuetude when man pits himself mainly against his fellows, instead of mainly against other animals and nature generally, that a new and clearly discriminated type is likely to result; this likelihood can, I believe, be confirmed by historical investigation, especially of the communities of antiquity, and the result of such investigation sheds, I believe, considerable light upon the development of ancient beliefs and rites.

Let us apply these general considerations to the special conditions of the British Isles. We know that shortly prior


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 34 to the Christian era Britain was partly inhabited by communities speaking well-differentiated varieties of that form of Aryan known as Celtic; we presume, on fairly convincing grounds, that these communities came here from the Continent during the course of the millennium preceding the Christian era; we conjecture, on grounds which are really of the vaguest, that they found in possession communities which did not speak any variety of Aryan. We know that in the course of the millennium following the Christian era there was a steady influx from the Continent of well-differentiated varieties of Teutonic Aryans; that the fifth and sixth centuries and ninth and tenth centuries A.D. respectively were marked by very considerable invasions, in the first instance of Continental, in the second of Scandinavian Teutons. We know that since that time the population of these islands has not been subjected to any considerable modification, for we cannot regard the Norman Conquest as at all comparable in its effect upon our population to either the Danish incursions of the ninth and tenth centuries, or to Anglo-Saxon incursions of the fifth and sixth centuries. Comparing the three main streams of Continental immigration, pre-Christian Celtic, post-Christian fifth-century Low-German, and ninth-tenth century Scandinavian, we have strong grounds for believing that the Celts brought their women with them to a greater extent than was the case with the Low-Germans, and certainly to a far greater extent than was the case with the Danes. So far then as race be taken in a purely physical sense, the postChristian German invasions are likely to have had a more mixed outcome than the pre-Christian Celtic; more men of German blood would have to seek alien wives, Celtic or pre-Celtic, than did the first Celtic immigrants. On the other hand, even in the invasion least marked by the presence of women, that of the Scandinavians, they were present in quite sufficient number to allow for the continuance of the invading community with comparatively


text:
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 Rh little admixture. As a matter of historical fact, in the case of the Teutonic invasions, of which alone we know anything in detail, we do know that the admixture was greater than it need have been; there was more marrying between Saxons, Welsh, Gaels, and Danes than was actually necessary.

In the early days of our study the question of the origin of our folklore resolved itself into a trial of strength between Teutons and Celts; and as the facts of folklore were first co-ordinated and interpreted by German scholars, it was natural that items of British folklore found to be parallel to that of Germany should be referred to the Teutonic element in our community. It is now seen that this does not necessarily follow. In so far as the practical-philosophical side of the folklore is concerned, the two invading: communities stood on much the same plane of culture, and there is little ground for asserting that their beliefs and practices differed sensibly. They were Teutonic if found among Teutons, Celtic if found among Celts, but in themselves of almost the same nature. The moment the two communities came into contact there was nothing to prevent interchange and commingling. All that can be said is that the Teutonic invasion of the fifth-sixth centuries largely reinforced the bulk of folklore conceptions which in certain portions of England had doubtless given way before, or at least had been considerably modified by Pagan classic and Christian classic culture. The Scandinavian invasion of the ninth-tenth centuries stands on a somewhat different footing. I have already suggested that communities in which warfare and conquest had become the practical business of life would be likely to develop a philosophy differing more from that of the peasant or the hunter than did either of those two classes among themselves. And if ever a community seems at first sight wholly devoted to warfare as a means of livelihood, it is that of the Vikings who harried the remainder


text: Dictionary of National Biography, 1885-1900/Winterbotham, Henry Selfe Page


text: Dictionary of National Biography, 1885-1900/Winterbotham, William


text: Dictionary of National Biography, 1885-1900/Winterbottom, Thomas Masterman


text: Dictionary of National Biography, 1885-1900/Winterbourne, Walter


text: Dictionary of National Biography, 1885-1900/Wintersel, William


text: Dictionary of National Biography, 1885-1900/Winterton, Ralph


text: Dictionary of National Biography, 1885-1900/Winterton, Thomas


text: Dictionary of National Biography, 1885-1900/Winthrop, John (1588-1649)


text: Dictionary of National Biography, 1885-1900/Winthrop, John (1606-1676)


text: Dictionary of National Biography, 1885-1900/Wintour, John Crawford


text: Dictionary of National Biography, 1885-1900/Wintringham, Clifton (1689-1748)


text:
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 36 of Europe in the ninth and tenth centuries. There is, moreover, abundant evidence that the warlike character of their social organisations did profoundly affect the mythic system they possessed in common with other Teutonic people, and that Eddaic mythology presents the beliefs not of Teutondom generally, but of those portions to which were due the Viking raids. It is therefore possible, not to say probable, that the Scandinavians did introduce new and sharply-defined elements into the folklore of these islands. The possibility remains purely conjectural until it is verified by an examination of the facts of folklore, but it justifies their investigation from this special point of view.

Confining ourselves for the moment to those Aryan-speaking communities known to have settled in these islands, and, when they did so, belonging substantially to similar stages of culture, it is, I would urge, almost impossible to assign large portions of the philosophical, the business element of our folklore exclusively to one or other of them, excepting always the possibility I have just indicated of specific Scandinavian features. As an illustration of the extraordinary similarity which obtains among rites and beliefs possessing a practical object and sanction, I may mention those connected with rude stone monuments. In Mr. Borlase's admirable work on the Dolmens of Ireland, a magnificent storehouse of material which I am glad to have the opportunity of publicly commending to members of this Society, there are figured and described monuments covering a vast range of country, lands like Ireland and the two Britalns, mainly Celtic for over 2,000 years; lands like Central Europe, largely Celtic 2,500 years ago, Teutonic later; lands like Southern Scandinavia, Teutonic as far back as we can trace; lands like East Central Europe, the battle-ground of Teuton and Slav; or again like the great southern peninsulas of Europe, but slightly touched by Celt or Teuton. In all these lands the rude


text: Dictionary of National Biography, 1885-1900/Wintringham, Clifton (1710-1794)


text: Dictionary of National Biography, 1885-1900/Winwood, Ralph


text: Dictionary of National Biography, 1885-1900/Winzet, Ninian


text: Dictionary of National Biography, 1885-1900/Wisdom, Robert


text: Dictionary of National Biography, 1885-1900/Wise, Francis


text: Dictionary of National Biography, 1885-1900/Wise, Henry


text: Dictionary of National Biography, 1885-1900/Wise, John Richard de Capel


text:
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 Rh stone monuments, similar in design and construction as they largely are, have given rise to similar beliefs and practices.

It is purposely that I have mentioned this particular set of beliefs and practices. A little while back I said that the earlier students who essayed to distinguish varying elements in British folklore referred them either to a Teutonic or a Celtic source. The point of view has changed. We now seek not for the Aryan-Teutonic or Aryan-Celtic, but for the Aryan and the non-Aryan, and the very instances I have cited would be urged in support of the contention that Aryan and non-Aryan can be separated. The rude stone monuments are, it is argued, non-Aryan, and so are the beliefs and rites connected with them. These latter have persisted, partly because the non-Aryan element in the general European population is far more considerable than was at one time supposed, partly because there was little to prevent the Aryans themselves appropriating the ideas of the peoples they subjugated. The wide spread alike of monuments and beliefs indicates a common non-Aryan substratum underlying the Aryan topdressing. Here is, it is said, a telling instance of the truth that folklore does contain specifically differentiated racial elements.

I shall return to this point later on. For the present I will confine myself to the historically known, i.e. to the Aryan-speaking peoples that have inhabited Britain.

Up to now I have restricted myself to the philosophical side of folklore, to that which has definite objects in view, the attainment of food, the gratification of desire. And my conclusion is agnostic. This or that feature may be due to a specific Scandinavian or Low-German modification of the common stock, But in the main it is impossible to say that our folklore on this side is specifically Celtic or Low-Teutonic or Scandinavian-Teutonic; nor does it really


text: Dictionary of National Biography, 1885-1900/Wise, Michael


text: Dictionary of National Biography, 1885-1900/Wise, William Furlong


text: Dictionary of National Biography, 1885-1900/Wiseman, Nicholas Patrick Stephen


text:
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 38 matter, because the three sets of beliefs and practices were substantially identical. Who can say that this or that drop of the water flowing under London Bridge comes from Thames-head or from any one of Thames' affluents?

But man does not live by bread alone. He has a fancy to be fed as well as a body, imagination to be gratified as well as passion, a foe to be combated as deadly as fellow-man or the wild-beast—boredom. Hence, everywhere, a form of artistry in words and ideas that only awaits the discovery of the written sign to become literature. And as communities outgrow in part the beliefs and practices that once directed and dominated their every act, so they outgrow in part the fancies that amused or thrilled them. There is, however, this difference: the philosophy of early man, logical and coherent as it is, once its starting point is granted, is to us not only foolish but frequently atrocious. With his artistry, on the other hand, we remain perennially in touch through our children, and it still constitutes the most profound and permanent source of literary achievement. The legends that humanity tells in its childhood not only survive, but are a living inspiration, whilst the beliefs dwindle down to mere museum-specimens.

It is for many reasons likely that the artistic products of the folk-fancy should betray racial influence more readily than the products, designed for severely practical purposes, of folk-speculation. Differ as unwritten, collective, traditional folk-literature does from the individual conscious literature of advanced communities, yet both are children of man's imagination, both share certain essential characteristics. A community will accept the outcome of a train of speculative reasoning if it thinks it has a practical interest in so doing, although the reasoning be alien to its average feeling, and never wholly taken to its heart; but literature, especially in the traditional stage, must make as wide and as sympathetic an appeal as possible if it is to subsist and


text: Dictionary of National Biography, 1885-1900/Wiseman, Richard


text: Dictionary of National Biography, 1885-1900/Wishart, George (1513?-1546)


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 Rh transmit itself. If there is such a thing as racial expression, as a mode of conceiving and representing the thoughts and imaginings which arise from the contact of man's mind with the outer world, common to bodies of men linked together by ties of kinship and polity, it should surely make itself felt in their artistic creations, designed as these are to please, and dependent upon their success in this respect for their power to reach a wide circle and a later posterity.

Again, both early speculation and early artistry involve and require the establishment of a professional class—the magician-priest in the one case, the bard-historian in the other. But the invariable tendency of the priestly class is to stereotype teaching and practice, and thereby to remove them as much as possible from the new influences to which the ever-changing conditions of humanity subject them This tendency is condoned, nay, even commended, on account of the practical issues at stake. Sensible men—and man in the folklore stage is infinitely more common-sensible than his civilised descendant—will not allow even such a master-passion as the love of change to interfere with rites upon which depends, as they believe, the welfare of the community. But no such imperative sanction restrains the creations of artistry from obeying the universal law of change. Conservative as may be the singer story-teller class, it is bound to answer to new impulses, alien influences, far more readily than does the priestly class. The latter as a rule resist change to the last, and either perish or suffer degradation, the former adapt themselves and their conventions to altered conditions; the mythico-heroic romance of the primitive races lives on, transfigured and enriched, whereas its mythology and ritual disappear at the approach of a new and higher type of creed.

Now one of the readiest means for diagnosing the mental and moral consciousness of a race is supplied by its attitude towards an alien and higher culture, and it is in the


text: Dictionary of National Biography, 1885-1900/Wishart, George (1599-1671)


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 40 phase of its intellectual and artistic activity, most promptly and permanently affected by the new influence, that we can best discern its essential nature. The history of modern (i.e. post-classic) Europe affords an admirable illustration in the reception of Christian and antique culture by the barbarian races of the north and north-west. The differences in their attitude towards the new faith and the (to them) new learning are marked, and throw a most vivid light upon their collective psychology.

Again, we can control any deductions drawn from the study of folk literature by an examination of written conscious literature. We can trace the latter back for many centuries, and we find, to confine myself to England, France, and Germany, an extraordinary permanence of certain characteristics, an immediately recognisable national mode of conception and expression. The instrument of comparison between tradition and conscious literature is almost the first that offers itself in any quest after racial characteristics; and comparison is fruitful because in literature, even in its highest and most complex manifestations, there is a continuity, lacking in modern Europe at all events, in such departments of creative thought as religion, philosophy, or law.

Such are the reasons which seem to promise the analyst of British folklore a larger measure of success if he attack the imaginative rather than the practical side of folklore in the endeavour to isolate racial elements. On the other hand, there are certain conditions, failing the existence of which the most careful analysis is likely to prove fruitless. Chief among them is the existence of a vigorous professional literary craft, with the inevitable accompaniment of rigid literary conventions. Thus alone can the collective fancy and wit of the community assume definite shape and form, thus alone are they assured of permanency. Traditional literature, collective in its appeal to the sympathies of the community, reflecting, as it must, collective emotion and


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 Rh judgment, is even more dependent than conscious, individual, deliberately artistic literature upon the strong organisation of its professors.

In applying these general considerations to the traditional literature of the three historically known communities represented in our population, Celtic, as the oldest, claims the first place. Two sections can be clearly distinguished: Goidelic, now represented, linguistically at all events, by Ireland, Northern Scotland, and Man, and Brythonic, represented by Wales and the extreme south-west of England; of these Goidelic or Gaelic is the older in these islands.

The conditions under which Gaelic traditional literature has come into being are precisely those I have previously indicated. The professional literary class was strong, and very well organised; it elaborated and handed down extremely rigid literary conventions; it effected a compromise with the representatives of Christian classic culture which enabled the preservation in large measure of the traditional romantic material, and it remained for some fifteen hundred years, at least, in close touch with every section of the community whose emotions and imaginings it faithfully interpreted. The resultant literature, if meagre and lacking in variety when compared with the great literatures of modern Europe, is extraordinarily homogeneous, and is represented by a still living folklore which has preserved its conventions, alike of conception and expression, with amazing tenacity.

If there be such a thing as a distinctive racial representation of life through the medium of words, we may seek it with confidence in the recorded twelve centuries of Gaelic literature, marked, as is no literature known to me, by unity of subject-matter and treatment.

We cannot speak as clearly with regard to Wales. Here, too, the literary class was strong, highly organised, thoroughly representative of the community; here, too, it elaborated rigid literary conventions. But it seems to have


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 42 been less successful in making a compromise with the new faith, and, fatal defect from our point of view, its energies were largely directed to practical contemporary national aims, and were diverted from the preservation of the traditional romance. There exists too considerable doubt respecting the exact nature of what, for us folklorists, is the most valuable part of Welsh literature, the romantic legends known as the Mabinogion, with their accompanying prose and poetic scholia in the Triads and in some of the Bardic poems. These present the most remarkable analogies, alike in matter and style, to Irish mythic romance, and it is questionable how far they should be regarded as truly Welsh. The homogeneity which is so marked a feature of Gaelic is lacking in Welsh literature, and whilst the one community has preserved the traditional romance with marvellous fulness and accuracy, the other has allowed it to perish almost utterly.

If we turn from Celt to Teuton, there can be little doubt but that the Low-German invaders of the fifth-sixth centuries brought with them a great mass of mythic and heroic legend. One considerable poem, Beowulf, some smaller fragments, and a number of scattered references which involve nearly all the chief Teutonic legend-cycles, have come down to us. But taking Anglo-Saxon literature as a whole, it is vastly less archaic, less dominated by earlier mythic and heroic fancies, than is its contemporary Gaelic. In part this may be due to the weaker organisation of the literary class— the scop never seems to have had the same standing and guild-spirit as the Irish file or ollamh, or the Welsh bard; in part due to the fact that the most capable artists in words embraced Christianity more exclusively, if not more zealously, than their Irish fellows. The redactor to whom we owe Beowulf stands almost alone, so far as extant literature is concerned, in his attempt to perpetuate the pre-Christian whilst conciliating the Christian elements of Anglo-Saxon culture. As a source then of modern


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Rh Anglo-Saxon literature, even had its development been unchecked, could not be compared for one moment with Gaelic literature. The stress of the one is on the Christian and modern, of the other on the pre-Christian and archaic, elements. But, as we all know, its development was checked in the eleventh century by the Norman Conquest; and when English literature emerges two and a half centuries later, its connections, such as they are, with mythical romance are with Celtdom rather than with Teutondom.

It would, however, be unfair to measure Anglo-Saxon influence upon English traditional romance solely by its extant literature. The local tradition, noted in Berkshire within the last 200 years, concerning Wayland's smithy most certainly goes back to Anglo-Saxon times, is equally certainly independent of anything in extant Anglo-Saxon literature, and testifies to a considerable mass of legend centering round the primeval smith whose fame was great in all Teutonic lands. It would, in my estimation, be absurd to suppose that Wieland was the only semi-mythical German hero about whom the Anglo-Saxon folk told tales or sang ballads. Despite the meagre space given by Anglo-Saxon literature to the sagas brought from Germany, this one instance of Wayland's smithy amply suffices to show that they flourished, struck root in the new land, and exhibited that strongest mark of legendary vitality—tendency to re-localisation.

The Scandinavian element in our traditional romantic literature remains to be considered. Among the Vikings of the ninth and tenth centuries, both Norsemen and Danes, but especially among the Norsemen, the literary class was powerful, well organised, and had elaborated a rigid and complicated literary convention. Moreover, the subject matter was either entirely traditional or depended for its literary effect upon the intimate knowledge of the tradition among hearers as well as among singers. Skaldic poetry implies not only the Norse mythical and heroic Sagas which have come


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 44 down to us from a later period, but much of a similar character which has perished, and it implies the closest familiarity of the community with their contents. Again, the Scandinavian attitude towards the new faith seems to have differed alike from that of Gael and Anglo-Saxon. The Skald did not, like the former, accept the new, but continue to tell the old with a minimum of change; nor, like the latter, practically abandon the old for the new. He clung with increased fervour to his own faith, but he re-shaped and enriched it in competition and conflict with the alien creed. In the world of European literature as of European polity, the Viking of the ninth-tenth centuries acts as a potent ferment. Cycles of tradition crystallise around the famous leaders, as duchies and kingdoms take shape under their mighty hands; older, outworn cycles have new blood infused into them, suffer transformation, and acquire a fresh lease of life, as did so many political organisations when the Norman with his combination of strong practical sense and daring imagination mastered them for his use.

As far as Britain is concerned, we can substantiate the hypothesis of Scandinavian influence on romance by the testimony of figured monuments. The men who carved on stone the legends of Sigurd and Völundr most certainly retold them in verse and prose. It may also, I think, be taken for certain that the Conquest of the eleventh century affected Danish Britain less than it did Anglo-Saxon Britain; there was less wrench of social life, more chance for tradition to flow in unbroken line.

On the other hand, there is in the Teutonic-Scandinavian contribution to our folklore a disturbing factor lacking in the Teutonic Anglo-Saxon. The latter, whether scanty or rich, whether brilliant or monotonous, is Teutonic alike in form and content; it is an open question whether the former did not borrow much of its form and still more of its tone and spirit from the Celts. By the time the Danish


text: The Works of Dionysius the Areopagite/Letters


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 Rh element becomes a really potent factor in the normal life of Britain, it is certain that contact, mingling of blood, mutual influence in romance and saga had taken place between Celts and Scandinavians.

It may, 1 think, be assumed that such traces of the specifically Eddaic versions of Teutonic mythology and heroic saga as have been detected in Britain are due to the Scandinavian settlements of the ninth and tenth centuries, though even here the Wayland smithy instance forbids hard and fast dogmatism. Finally, just as delicate questions arise with regard to possible influences of Celtic romance upon Scandinavian story-telling, so the reflex action of Scandinavia upon Celtdom has to be taken into account.

If we pass from general consideration of the three main streams of Aryan folk-literature which have fertilised these islands to the actual distribution of our folklore, we are confronted by curious anomalies, to explain which upon any theory of specific racial influence is extremely difficult. Taking the Gaelic-speaking area first, we find throughout its present extent (with one remarkable exception to be noted presently), from Kerry to Sutherland, and from Perth to Donegal, the closest community of subject-matter and treatment. But this community cannot be laid to the account of common race. Pict and Brython, both of whom are known historically to have held large portions of this area, of however near kin they may be to the Gael, whose tongue they now speak, cannot be identified with him without so perilously widening the conception of race as to make it meaningless. Again, the Scandinavian element in certain portions of this area which are now purely Gaelic in speech is considerable. Yet, as I have said, the folk-literature of this entire area is remarkably homogeneous, and, so far at least as present research goes, is not affected by variations of race within its limits. Here the influence exerted by a common language and a common literature (for until 300 years ago there was practical identity between


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 46 the mythical and heroic literature of the two main divisions of Gaeldom—Ireland and Scotland) would seem to have overridden any influences of race. The exception to which I alluded just now confirms, if rightly considered, this view. Of all the Gaelic-speaking districts the Isle of Man has probably the largest admixture of Scandinavian blood. The commingling of the two most imaginative and romantic strains of our mixed population would, one must think, have produced a specially rich folk-literature, yet as a matter of fact if such ever existed it would seem to have utterly died out. Man has retained customs and superstitions in fair abundance and vitality; stories of the saga type, anecdotes that is about supernatural and half-supernatural beings, are fairly numerous, but romantic tales and ballads have disappeared. The only cause I can detect is severance from the main streams of Gaelic traditional literature.

In the Brythonic-speaking area—Wales and South-west England—still more puzzling problems present themselves. Devon and Cornwall have certainly yielded more than their fair share of English folktales and legends, a fact which may fairly be ascribed to the existence within comparatively recent times of a Celtic-speaking population. The bulk of the people in these counties, it may be said, although English-speaking, is really Celtic, and their race colours their folklore. But in Wales, where the people has retained its Celtic speech, where it is certainly more homogeneous than in South-west Britain, where it has preserved its national literary class, in Wales, which possessed in the Middle Ages a romantic literature second only to that of Gaelic Ireland, romance has almost wholly vanished. Is there some underlying racial influence at work; is the Brython less tenacious than the Gael of his traditional romance? He has shown himself possessed of the rarest tenacity in other respects. Why should it have failed him here? The blighting influence of extreme Protestantism has been urged in explanation, but that ha? been at work equally


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 Rh in the Highlands of Scotland, which are still homes of living traditions. I can only conjecture that diversion of the national literary class, in consequence of the English wars and English conquest, from its proper task of fostering the traditional romance is the main cause of this strange phenomenon.

If the folk-literature of the Celtic-speaking area seems to afford scant warrant for the theory of racial as distinguished from linguistic and literary influence, that of the English-speaking area is more favourable to it. Where within that area the presence of a strong Scandinavian or Celtic element is apparent, there also story, legend and ballad are alike more numerous and more romantic in tone. That the most genuinely Low-German portions of the English-speaking area. East Anglia for instance, have not entirely lost the gift of racy popular humour so characteristic of Continental German folklore, is sufficiently proved by the admirable tale of Tom Tit Tot, collected in Suffolk by Mrs. Thomas, but first made known to the world at large by our last President. But as a whole the more unmixedly Low-German our English people is, the more it would seem to have forgotten the old traditional romance, the less capacity it would seem to have shown for transforming and endowing it with fresh life. As a matter of fact, the traditional romantic element which enters so largely into modern English literature is Celtic and not Germanic in origin.

One of the most fascinating problems in English popular literature is presented by the admirable body of ballad poetry recorded during the sixteenth, seventeenth, and eighteenth centuries, partly in the southern but mainly in the northern portion of the English-speaking area of Britain. The language is English, the population among which the ballads were chiefly developed even if it did not originate


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 48 them, partly Low-German, partly Scandinavian, superimposed upon a Celtic basis, Gaelic in parts, but mainly Brythonic, with a substratum of Pictish and other unknown elements. The country in which the ballads were chiefly found offered, in its material and social conditions, a soil admirably suited for their germination and growth. A wild, trackless March-land, a fierce, passionate, daring breed of men, with tenacious national and family feuds, with undiminished energy of primitive passion—the very conditions, in fact, we could postulate from the ballads themselves, had they come down to us without note of their locality and surroundings. In how far are the conflicting racial, in how far the conflicting political and social elements responsible for the ballads? The problem is not lessened in complexity by the fact that much of our English ballad literature is made up of incidents to which close parallels can be found in the romantic ballads of the Scandinavians (Danes and Faroese islanders), of the Slaves (Wends), and of neo-Latin peoples (French, Italians, North Spaniards), and that in all these various bodies of folk-poetry there occur not only similar themes, but marked similarity in their literary treatment. The ballads extant in English are, as a rule, greatly superior to their Continental similars, and there exist a considerable number certainly peculiar to and having their undoubted origin in the English-speaking area, which exhibit the same merits of conception and style.

In the northern portion of the English-speaking area of Britain, roughly speaking between Humber and Clyde, the presence of a considerable Celtic and Scandinavian element is, I would urge, a dominant factor in the production of our corpus of ballad poetry. Either element would supply a number of folk-singers rigidly trained and schooled, familiar with traditional romance, full of conventional formulas belonging to an archaic stage of literature. Stories of love and hate, of faerie and wizardry, would appeal to them, and their surroundings would foster the


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 Rh tone and spirit requisite to give the ballad full effect. But if, as I believe, mingling of racial elements is an important factor in the evolution of our ballads, unity of language was necessary to their inception and production. The Welsh Marches, like the Border, were a wild mountain tract, full of feuds and forays, offering the same raw material, the same favourable conditions, for working it up into ballad form as the Northern Border. One of the conflicting races possessed a rich traditional romance, a highly organised literary class. Nothing comparable to the Northern ballad poetry was the result. Why? I can only conjecture that the explanation lies in the absence of a language common to friend and foe, to victim and oppressor, to Romeo and Juliet. The difference of language served as a bar to the communication of artistic conventions and formulas, the sagas remained local and provincial, and, on the English side of the Marches at least, died out because there were no folk-singers qualified to present them in a form truly popular and yet artistic because exactly suited to their nature.

I have now briefly indicated the problems that confront the discriminator of racial elements in our folklore, in so far as these elements are known to us historically, and belong, linguistically at all events, to the Aryan-speaking group. I may be held to have over-emphasised the complexities, to have minimised the possibilities of successful solution. I do not think so. In any case it will be agreed that, great as are the difficulties of discrimination when dealing with Aryan-speaking communities, they increase tenfold when we essay to determine the share of our pre- Aryan forefathers. In the former case we are guided and controlled by recorded history, by recorded literature; in the latter we are working almost entirely in the dark, with, at the best, the dubious, scanty, and conflicting evidence provided by the archaeologists. The very method by which such an inquiry must be prosecuted


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 50 seems to me questionable in the extreme; a standard of Aryan belief, practice, and fancy is set up, and what conflicts with or departs widely from that standard is assumed to be pre-Aryan. I dispute the existence of such a standard common to the Aryan-speaking world at any known period of its history, and even could it be established I should still dispute the necessity of referring an item of belief or fancy that conflicted with it to the influence of a different race. To talk, for instance, of the pre-Aryan matriarchalism of the Picts, of the pre-Aryan druidism of the Gael, is to confound hypothesis of a highly questionable nature with fact. It is very probable that the Celts found non-Aryan-speaking peoples in these islands, though after all the fact is not absolutely certain. It is highly probable that these peoples possessed both a folk-philosophy and a folk-literature, fragments of which have possibly, very probably, survived. But how are we to distinguish them? Is it really likely that the philosophy differed so markedly from that of the Celts that we can detect traces of it after 2,500 years? whilst of the literature, if aught has survived, it must by the necessities of the case have passed through the minds of Celtic bards and story-tellers. The Celtic record, sociological and literary, teems with examples of the enigmatic, the savagely archaic, the apparently misinterpreted. It greatly simplifies matters if in each case we can invoke the pre-Aryan hypothesis, but does our present knowledge of Celtic and Aryan antiquity justify our doing so? I do not think so.

I here touch upon what I ought perhaps to have started with, the significance of the term "race." Outside the record of history, of literature (oral or written), of art, of systematised thought, it is for me, in the present connection, void of meaning. When I speak of the Celtic or Teutonic race I have in view a community which for a definite number of centuries has manifested itself in clearly defined products of the mind, has set upon the universal human material of


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 Rh speculation and fancy its special stamp and impress. Such a manifestation is by no means necessarily conditioned by blood-kinship, by descent from a common ancestor; in modern Europe it results from community of speech and culture-traditions, it may be found, as in France and England, in countries inhabited by peoples of demonstrably different origin. In the discussion of racial elements in folklore and literature, we must first possess material which we can clearly refer to the various elements, and upon the basis of which we can sharply define them. In the case of the Aryan elements of our population, this indispensable requisite is present in however imperfect and confused a form; in the case of the assumed non-Aryan element it is altogether lacking.

Research should then, in my opinion, be directed in the first place to the analysis of folklore, which, if Aryan in no other respect, is at all events Aryan in virtue of the medium in which it has been handed down to us. Difficult as the task, insoluble as are many of the problems presented, yet much of interest and value for the true history of our people can be discovered by care and ingenuity. An excellent instrument of research is comparison between the folklore common to two sections of the same group separated sociologically from each other for an ascertained lapse of time. This is the case with the Gael of Ireland and Scotland, which have been separated for nearly three centuries. The ensuing variation in speech has been recorded and studied. The nature of folklore forbids as accurate a determination of the changes which it has suffered, but they can be noted with sufficient fulness to throw valuable light upon the development of folklore generally. In the same way, comparison between the recorded folklore of South-west Britain and of Wales may throw much needed light upon the latter. Close examination from a folklore point of view of such masses of the population as are known to have changed their speech within


text: 1911 Encyclopædia Britannica/Johnston, Alexander Keith