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 speaks elsewhere with compassion of Sir Leoline Jenkins lying under the lash of Secretary Williamson, who, upon old grudges between them at Cologne, never failed to lay hold of any occasion he could to censure his conduct, nor did Temple himself altogether succeed in escaping the lash.

During 1675, at the instigation of Charles II, Williamson tried to induce the master of the rolls to remove Burnet from his place as preacher to the master of the rolls, but he encountered a determined opposition from Sir Harbottle Grimston [q. v.], and the outspoken Burnet was enabled to retain his foothold in London. In 1676 Milton's friend, Daniel Skinner, wished to print the deceased poet's ‘Latin State Letters’ and treatise ‘De Doctrina Christiana,’ and applied to Williamson for the necessary license (that of the official licenser being apparently insufficient). The secretary refused, saying that he could countenance nothing of Milton's writing, and he went so far as to write of Skinner (to a likely patron) as a suspect ‘until he very well cured himself from such infectious commerce as Milton's friendship.’ Williamson managed eventually to lay his hands upon the original manuscripts, and locked them up for security among the state archives. The ‘State Letters’ were surreptitiously printed from a transcript in 1676, but the treatise was not published until 1823 (see ; for the full complicated story of the manuscripts, see, Milton, iv. 158, vi. 331, 603, 616, 721, 729, 774, 805).

Dry and formal though Williamson may have been in his usual manner, it seems fair to infer that he was by no means deficient as a courtier, and his letters to several of the royal concubines show that he did not share Clarendon's scruples about paying court to the ladies whom the king delighted to honour. Upon the whole, however, he confined himself very closely to his official and administrative business and to the direction of foreign affairs. His fellow secretary, Sir Henry Coventry, undertook the parliamentary work. He had to take a decided line upon the subject of the Duke of York's exclusion, and on 4 Nov. 1678, in answer to Lord Russell's motion to remove the Duke of York from the king's presence and councils, in a succinct and not ineffective speech he declared that this would drive the heir to the throne to join the French and the catholics. Almost immediately after this he fell a victim to the panic excited by the supposed discovery of a ‘popish plot,’ and on 18 Nov. he was committed to the Tower by the lower house on the charge of ‘subsigning commissions for officers and money for papists,’ in other words of passing commissions drawn up by the king's order in favour of certain recusants. He remained in the Tower but a few hours, for Charles with unusual energy and decision lost no time in apprising the commons that he had ordered his secretary's release. At the same time the offensive commissions were recalled. Williamson's continuance in office, however, was not considered altogether desirable (cf., Life and Times, ii. 438). The newsletters on 10 Feb. announced ‘Sir Joseph Williamson is turned out, but is to be repaid what his secretaryship cost him.’ As a matter of fact he received from his successor, Sunderland, 6,000l. and five hundred guineas.

In 1676 Williamson was elected master of the Clothworkers' Company (presenting a silver-gilt cup bearing his arms); he was succeeded as master by Samuel Pepys.

Williamson had been declared a member of the Royal Society by nomination of the original council on 20 May 1663, and on the resignation of Lord Brouncker on 30 Nov. 1677 he was elected second president of the society, a post which he held until 30 Nov. 1680, when he was succeeded by Sir Christopher Wren. The secretaries under him were Thomas Henshaw and Nehemiah Grew. On 4 Dec. 1677, being ‘the first day of his taking the chair, he gave a magnificent supper’ at which Evelyn was present. Immersed in multifarious business though he was at the time, Williamson presided at every meeting of the council during his term of office, and generally managed in addition to preside at the ordinary meetings. He presented several curiosities to the museum, and a large screw press for stamping diplomas, as well as his portrait by Kneller, now in the Society's meeting-room. Oldenburgh dedicated to him the ninth volume of the ‘Philosophical Transactions.’

Though he evidently took much interest in the society's work, researches of a legal, historical, and genealogical nature seem to have been more really congenial to him. He collected many valuable manuscripts relating to heraldry and history, and he purchased the rich collections of Sir Thomas Shirley, which contained visitations of many counties of England written by the heralds or their clerks during the sixteenth and seventeenth centuries.

Shortly before his removal from office in December 1678, Sir Joseph married Catharine, eldest and only surviving daughter of George Stuart, lord D'Aubigny (fourth, but second surviving son of Esmè, third duke of


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Rh form of The Water of Life our difificulties are in great measure resolved.

With this in mind let us consider the three categories. Sometime before the fourteenth century The Water of Life, perhaps in a rather peculiar form, came into contact with The Grateful Dead, both simple and combined with The Ransomed Woman, in eastern or central Europe. With each form it seems to have united, giving rise in the century named to the German romance of Treu Heinrich and the legend of Nicholas by Gobius, as well as, sooner or later, to the folk-tales with which it has been found combined in those regions within the past hundred years. The territorial limitation of the resulting type is a point in the favour of the proposed theory, though I cannot but be aware that this may be disturbed by a variant outside the seemingly fixed circle. Yet even so, the relation of the variants of Class I. to the themes concerned appears to be pretty definitely established. With Class III. the matter is even simpler. According to my view, some form of The Grateful Dead, more or less confused with one of the countless versions of The Thankful Beasts met with a very clear type of The Water of Life in southern or south-western Europe by or before the thirteenth century. With this it united and gave rise to an Old French romance (later turned into Dutch) and to a considerable body of folk-tales, which have not strayed far from the point of departure save in one instance, where the means of transmission is not difficult to ascertain. Apparently the thankful beast was not absolutely in solution, since in Maltese and Venetian the human ghost resumes its characteristic rôle. With Class

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 Lennox), by Lady Catharine, eldest daughter of Theophilus Howard, second earl of Suffolk. She was baptised at St. Martin's-in-the-Fields, Middlesex, on 5 Dec. 1640, and married, first, Henry O'Brien, lord Ibrackan, who was buried in Westminster Abbey on 9 Sept. 1678. As heiress to Charles Stuart, duke of Richmond and Lennox [q. v.], his wife brought Williamson a noble fortune. ‘'Twas thought,’ says Evelyn, ‘that they lived not so kindly after marriage as they did before. She was much censured for marrying so meanly, being herself allied to the royal family.’ The alliance offended Danby, who coveted the Richmond estates for one of his own sons, and it may have had something to do with the secretary's fall from office. When the Duke of Richmond died in 1672, Lady O'Brien succeeded to the bulk of his property, but his debts were so heavy that it was found necessary to sell some of the estates to defray them. Under these circumstances the Cobham estates, together with the fine old hall, were bought in by Williamson for 45,000l. In 1679 with his wife's money he purchased for 8,000l. Winchester House in St. James's Square (No. 21), which he tenanted until 1684.

In 1682 he became recorder of Thetford, and on his acquisition of the Cobham estates interested himself not only in Rochester, but also in Gravesend, for which in 1687 he procured a new charter ( Hist. of Gravesend, 1843, pp. 376 sq.). In May 1690 he was appointed upon the committee to take account of public moneys since William's accession, and in February 1691–2 a false rumour was spread abroad that he was to be lord privy seal. On 21 Nov. 1696, however, Williamson was sworn of the privy council, and on 12 Dec. he was, together with the Earl of Pembroke and Lord Villiers, accredited a plenipotentiary at the congress of Nimeguen. Owing to indisposition he did not arrive in Holland until 8 June. The peace of Ryswick was signed somewhat more than three months later, on 20 Sept. 1697. Williamson stayed on at The Hague in the capacity of ‘veteran diplomatist’ (as he is termed by Macaulay), and on 11 Oct. 1698 the first partition treaty was signed by him at Loo as joint commissioner with Portland. The secrecy with which the treaty had been negotiated excited the wrath of the commons in April 1699, but their full fury fell not upon Williamson but upon Portland and Somers. Williamson returned from Holland in November 1698, and next month it was reported that he would be sent as plenipotentiary to Versailles. He returned, however, to The Hague until the middle of March 1699, when he finally retired from his diplomatic post. He received several visits from the king at Cobham Hall, and in the Rochester Corporation accounts are two heavy bills (May 1697 and 1701) for expenses in connection therewith.

He died at Cobham, Kent, on 3 Oct. 1701, and was buried on 14 Oct. in the Duke of Richmond's vault in King Henry VII's chapel in Westminster Abbey (, Reg. of Burials, pp. 249, 251). Williamson's widow was buried in Westminster Abbey on 11 Nov. 1702, leaving no issue by her second husband.

Rather a man of affairs than a statesman, Williamson appears to have been dry and formal in his manner; he was strictly methodical, scrupulous and exact in the transaction of business, subservient in all things to his chiefs, and severe and exacting towards his subordinates. Music and historical antiquities were his chief relaxations, but his multifarious correspondence can have left him but little time to indulge them. Like most of the statesmen of the day, he turned his industry to good account and managed to accumulate a large fortune during his tenure of office. Some of his early stiffness of manner seems to have worn off, and a gradual rise in Pepys's estimation of him is to be traced through the pages of the ‘Diary.’ Anthony à Wood had no love for the secretary, who on 23 May 1675 ignored Wood's application for the post of keeper of records in the Tower. But he was ‘a great friend,’ Wood admits, to Queen's College and to Queen's College men. Williamson befriended Dr. Lancelot Addison [q. v.], a contemporary with the secretary at Queen's, who dedicated to Sir Joseph, in his capacity of curator of the Sheldonian press, his interesting ‘Present State of the Jews in Barbary.’ The famous essayist was named Joseph after his father's benefactor. Williamson also sent Dr. William Lancaster and Bishop Nicolson (both Queen's men) abroad at the crown's expense, in accordance with a plan of his own for training young men of promise for diplomatic work. Nicolson, when a young taberdar of Queen's, dedicated to the secretary his ‘Iter Hollandicum’ in 1678 (still in manuscript in Queen's Library).

Evelyn's charge of ingratitude is refuted by the dispositions of Williamson's will, in which all institutions and individuals who by blood, affection, or service had any claims upon him were mentioned. To Bridekirk, in addition to a present of silver flagons and chalices for the church, he left 500l. to be distributed among the poor. To the library


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152 II. the case is different and more difficult of explanation. Here the compound has no definite territorial limits, and it is besides of a very complicated character. We have to suppose that The Lady and the Monster, a märchen allied to The Water of Life, was afloat in Europe somewhat before the early sixteenth century. There it met and united with The Grateful Dead, in its simple form on the one hand, giving rise to three of our variants, and on the other hand separately with the compounds having The Poison Maiden and The Ransomed Woman. The former double compound must have been made fairly early, since it has been found in such widely separated countries as Rumania and Ireland, and furnished one of the most important elements to the making of a sixteenth century English play, Peele's Old Wives' Tale. The second of the double compounds is unfortunately represented on our list by a single folk-tale only, and may possibly be a later formation.

Such, then, seems to be the relationship of The Water of Life and allied motives to the main theme of our study,—purely subsidiary and relatively late. The theory which has been proposed involves the necessity of placing the entrance of the Semitic märchen into Europe not much earlier than the twelfth century, though such matters of chronology must be left somewhat to speculation; it shows the points of contact between the various motives concerned; and it avoids contradictions of space and time. Writer and reader may perhaps congratulate themselves on finding so clear a road through the maze. Should subsequent discovery of material necessitate modification of the views here expressed, it should be welcomed by both with equal pleasure.

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 in the first exhibition of the Liverpool Academy, of which body he was a member. In the subsequent exhibitions of that body, as well as at the first exhibition of the Royal Manchester Institution in 1827 and the annual exhibitions that followed each year, he was represented by a large number of landscapes and seascapes. His only exhibit on the walls of the Royal Academy was a landscape in 1811. He earned a considerable reputation as a painter of seapieces and landscapes, and was highly esteemed by his fellow-townsmen. On his death, which took place on 7 June 1840, an obelisk to his memory was erected in the St. James's cemetery, a lithograph of which, by W. Collingwood, was published. His pictures are well composed, and are painted with an attractive charm of light and colour. There are three works by him at the Walker Art Gallery, Liverpool, and many more in private collections in the district.

WILLIAMSON, WILLIAM CRAWFORD (1816–1895), naturalist, born at Scarborough on 24 Nov. 1816, was the second and only surviving son of John Williamson, gardener and naturalist, first curator of the Scarborough Museum, by Elizabeth Crawford, eldest daughter of a Scottish lapidary and watchmaker, who migrated to Yorkshire when young. In his early boyhood he learned the lapidary's art in Crawford's workshop, and acquired a good knowledge of field natural history from his father and his father's friends, notably (1769–1839) [q. v.], the founder of modern stratigraphical geology, and his nephew (1800–1874) [q. v.], professor of geology at Oxford, who was for some time an inmate of John Williamson's house. His schooling, begun early, was inadequate, largely owing to delicate health. Between three and six years of age he went to three dame schools; in 1822 he went to William Potter's school, where he had meagre instruction in Latin and English. In 1831 he had his only real teaching, from the Rev. Thomas Irving at Thornton grammar school, where he stayed only six months. In the autumn he went for six months to the school of a M. Montieus at Bourbourg, near Calais, with little intellectual profit, even in the acquisition of French, for the majority of the boys were English. This completed his school life: he never acquired ease in French speaking, though he read the language with ease, nor the knowledge of any other modern tongue. He was apprenticed as a medical student (1832) to Thomas Weddell, apothecary of Scarborough, where he discharged the functions of errand boy, dispenser, and clerk, according to the general custom. He continued his natural history studies, and contributed a paper on birds to the Zoological Society, and two to the Geological. These were among the first pioneering attempts to analyse the strata into smaller ‘zones’ characterised by their own proper groups of fossils, a field in which enormous advances have since been made. He also published a pamphlet, since twice reprinted, giving an account of the contents of a tumulus opened at Gristhorpe, and described a new mussel (Mag. Nat. Hist. 1834). To the ‘Fossil Flora of Great Britain,’ by [q. v.] and (1726–1797) [q. v.], he contributed illustrated descriptions of fossils which had been discovered in an estuarine deposit by his father and his father's cousin, Simon Bean. His work attracted the attention of many eminent naturalists, notably [q. v.] Owing to their interest, and to that of naturalists visiting Scarborough, he received a call from the Manchester Natural History Society to the curatorship of their museum in 1835, Weddell generously cancelling his indentures; he held this office for three years, continuing especially geological research and publication, and was a frequent visitor at the Literary and Philosophical Society, where he met among others (1766–1844) [q. v.] In the summer of 1838, in order to raise funds for medical study, he gave a course of six lectures on geology in various towns of Lancashire, Yorkshire, and Durham; he studied one winter at the Pine Street medical school, Manchester, and entered in the autumn of 1839 at University College, London. In 1840 he attended a second course of lectures there; but before the close of the year had obtained the diplomas of M.R.C.S. and L.S.A., and in January 1841 commenced practice in Manchester with the generous guarantee of two wealthy friends. Some successful operations on squint brought him into note, and he was soon appointed surgeon to the Chorlton-on-Medlock dispensary, a post he resigned in 1868. Ear troubles during his student days had interested him in that organ; he profited by some vacations to study aural surgery under Menière in Paris, [q. v.] and Harvey in London, took active steps towards the creation of the Manchester Institute for Diseases of the Ear in 1855, and was surgeon to it until 1870, when he became its consulting sur-


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. To his large general practice he thus added that of a specialist in this department. He continued professional medical work till about his seventieth year. He was present at that public demonstration of mesmerism which first attracted [q. v.] to the subject; was the first to show from the contracted pupils that the hypnotised patient was in a genuine and peculiar state; and utilised Braid's services as a hypnotist later on in the successful treatment of epilepsy; but finally abandoned the therapeutic use of hypnosis, regarding it as likely to undermine the will power of the patient. He devised the treatment of infantile convulsions by prolonged continuous chloroform anæsthesia, and wrote two papers on this subject, the first (not cited in the Reminiscences) in the ‘Lancet’ (1853, vol. i.). A clinical observation on the ‘Functions of the Chorda Tympani’ (also not cited; Assoc. Med. Journ. 1855) as a nerve of taste, a view which still has partisans, completes with the three cited papers (Brit. Med. Journ. 1857) his contributions to medical science.

In January 1851 he was appointed first professor of ‘natural history, anatomy, and physiology’ in the Owens College, Manchester. His duties comprised instruction in zoology and botany in the widest sense, besides the geological sciences. In 1854, with Mr. Richard Copley Christie, he initiated at the college evening classes for working men. At first he divided his subjects into two groups, on which he lectured in alternate sessions; but ultimately the demands of university students made this impossible. In 1870 a distinct lectureship had to be created in mineralogy. In 1872, on the fusion with the Royal School of Medicine, geology was also separated, and Williamson became professor of ‘Natural History.’ A demonstrator to assist in the then new laboratory work was appointed in 1877; and in 1880 zoology was split off, leaving him the chair of botany, which he resigned in 1892, after forty-one years' continuous tenure of office, with the title of emeritus professor, and a year's salary as gratuity. His lectures to students were well arranged and well delivered, interesting and fluent, but lacked minuteness of accurate detail; and from the ignorance of German which he deplored he never thoroughly assimilated the current language of the modern aspects of botany.

Williamson added largely to his income by popular scientific lectures; between 1874 and 1890 alone he gave, among others, at least three hundred in connection with the Gilchrist trust. For these, many of which dealt with his own discoveries, he drew and painted beautiful and effective diagrams. He was highly successful as a popular lecturer. Several of his popular lectures were printed. He wrote a number of articles for the ‘London Quarterly Review,’ published under Wesleyan auspices, and some for the ‘Popular Science Review.’ Those on ‘Primeval Vegetation in its relation to the Doctrines of Natural Selection and Evolution’ in the ‘Owens College Essays and Addresses,’ 1874, and on ‘Pyrrhonism in Science’ (Contemporary Rev. 1881), show his cautious attitude, by accepting the descent-theory generally, but resenting all attempts at scientific dogmatism and intolerance. He was inclined to demand something which escapes scientific analysis, in addition to the known natural factors of divergent evolution.

He was on friendly terms with the Wesleyans in Manchester, and was for a time a member of that body. He was medical attendant to the Wesleyan Theological College, Didsbury, 1864–83, and a member of the committee of management.

After an attack of ill-health in 1860, Williamson settled in 1861 in the then outlying hamlet of Fallowfield. There he built a home, with a garden and range of plant-houses, and became a successful grower especially of rare orchids, insectivorous plants, and higher cryptogams; these were utilised in the later development of laboratory teaching at the college, which contributed an annual grant towards the expense. In 1883 he suffered from diabetes, and had finally to resign his chair in 1891. He removed from Manchester to Clapham Common, where he continued in harness nearly to the last, working in collaboration with Professor R. D. Scott at his own house or at the Joddrell Laboratory, Kew. His last publication (in February 1895) was the obituary of his old friend, sometime opponent and recent convert, the Marquis de Saporta. He died at Clapham on 23 June 1895. He was spare and erect, with blue-grey eyes deep set in an oval face. He had an educated taste in music; and the watercolour sketches he brought back from his vacation trips were poetic in feeling and happy in composition.

He was married twice: first, in 1842, to Sophia (d. 1871), daughter of the Rev. Robert Wood, treasurer to the Wesleyan body, by whom he left a son, Robert Bateson, solicitor, and a daughter, Edith; secondly, in 1874, to Annie C. Heaton, niece of Sir Henry Mitchell of Bradford, who completed and edited his autobiography under the title of ‘Reminiscences of a Yorkshire Naturalist;’ by her he left one son, Herbert, painter.

Williamson's scientific work was immense


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 and invaluable. Early researches on the Foraminifera between 1840 and 1850 led to his preparing a monograph on the recent forms of this group for the Ray Society; William Benjamin Carpenter [q. v.] asserted that his work introduced a new technique for their study (that of thin sections) and a new conception (that of the combination of a wide variety of forms hitherto ranked as of specific or generic rank in single individuals), and that it gave a starting-point for all future investigations. Researches on Volvox about 1850, only some thirty years later noticed and confirmed, demonstrated that this critical form is essentially vegetal, not animal, in its morphology. A very complete study of the wheel-animal, Melicerta, was published in 1853, and in consequence he was employed by Andrew Pritchard to write a monograph on the Rotifera for the third edition of his ‘Infusoria’ (1861); this was an admirable compilation. Between 1840 and 1850, largely provided with material by Sir Philip de Malpas Grey-Egerton [q. v.], he produced two monographs on the histology of teeth, fish scales, and bone, of classical value. Herein he demonstrated two capital theses—the essential identity of teeth and of fish scales, and the distinction of bone formed directly in membrane from that preformed in cartilage. Kölliker, the great histologist, esteemed the work important enough to warrant his arduous pilgrimage from central Germany to accept Williamson's hospitality of board and study. This work gained Williamson the fellowship of the Royal Society (1854). Fossil plants had engaged his earliest efforts. He resumed their study in 1854 with the enigmatic form Zamia gigas, called Williamsonia by W. Carruthers, who says that Williamson has probably come closer to its determination than any one else. But it was only towards 1858 that he really began that comprehensive study of the plants of the coal-measures which is his greatest claim to rank as one of the founders of palæobotany. He demonstrated that with certain characters of the higher existing flowerless plants—horsetails, ferns, clubmosses, &c.—there were found at that period plants whose woody cylinder grew by external deposit of new layers, as in our forest trees. His results met at first with neglect and hostility. His drawings were exquisite and nature-true, made on lithographic transfer paper with the artifice of a quadrillé eye-piece; but they suffered in the processes of transference to stone and printing. His figures were distributed over the plates with a view rather to neatness and economy of space than to logical connection. In each successive memoir he described all the material he had studied completely up to date. To his unfamiliarity with modern botanical terminology he added a defective exposition. His text was a detailed description of the specimens, with references to the accompanying plates and to those of previous memoirs, interspersed with discussions of generalities and of controversial matter, without tables of contents, general introductions, or final summaries and conclusions. To master such papers was, in effect, to conduct a research on the figures with a minimum of effective aid. In 1871 a discussion at the British Association was followed up in ‘Nature,’ where a correspondent accused him of going back to the conceptions of Nehemiah Grew [q. v.] In France his results were systematically ignored, despite his constant invitations to his opponents to study his specimens as his guests, until 1882, when for the first time the facts and arguments on both sides were marshalled in a readily accessible form in a French essay, ‘Les Sigillaires et les Lépidodendrées’ by Williamson and his demonstrator, Professor Marcus Hartog (Ann. Sc. Nat. 1882). Fresh evidence poured in. In 1887 Renault, his chief opponent, retreated honourably from one part of the field, and Grand' Eury and Saporta in 1890 avowed their general conversion. Only in respect of one minor point—the question of the interstitial growth of the centre of the woody cylinder—did Williamson's views break down; but it was through his own laborious investigations that the disproof was completed. A full investigation on the structure of compact coal was commenced in 1876 and continued to his death, but the examination of many thousand sections led to no publication embodying general results after the preliminary note (British Association Report, 1881). A valuable research in 1885 extended Nathorst's discovery that reputed animal and vegetable fossils were mere tracks of animals or of tidal currents. Williamson never spared money in the purchase of adequate apparatus and specimens; one of the latter, a magnificent Sigillaria with stigmarian roots, from Clayton, near Bradford, now in the Manchester Museum, was long called ‘Williamson's Folly.’ He met with generous help from the amateur field-naturalists of the north, often working men, who were proud to help him with the fossils they had collected or the sections they had cut and noted as worth his study. This help he always acknowledged.

Williamson's scientific work lacked, of course, the method developed by personal academic training and by the laboratory


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Rh of the folk, its output in story, legend, song, and saying, that had attracted most attention. Of the basic works of the new science, the Kinder- und Hausmärchen, the Deutsche Mythologie on its literary side, and the Deutsche Sagen had hundreds of readers and disciples to every one of the Deutsche Weisthümer. But the lore of the folk, from this point of view, has close connection with the subject-matter of philology and mythology; little wonder if the students of all three were guided by the same dominating conceptions.

Again advancing knowledge broke down the conception and shifted the point of view. The Aryan unity was transcended, yet still the kinship of the lore of the folk manifested itself. German and English scholars alike brought in a rich garner of facts from outside the Aryan area; English scholars first sought to determine the import of these facts, and first essayed, in recent times, to treat the lore of the folk from a cultural rather than from a historico-racial standpoint. The significance of a similar attempt made in the previous century became then apparent. This attempt had been made, as was natural, in France, for the French intelligence may be defined as algebraic in essence,—it perceives facts stripped of their contingent and accidental properties, and conceives of them schematically. By nature the French mind is synthetic, and was thus well fitted to consider the elements of the lore of the folk apart from their local manifestations, and to work them into a philosophical scheme. It was the cultural psychology of the lore of the folk that Fontenelle and De Brosses had in view, and not, like Herder, a racial psychology. Their syntheses failed, like his, because, like his, they were premature and were based upon fragmentary and imperfectly analysed material. Whereas Herder inspired and strengthened his own and the succeeding generation of folklorists, the work of the French scholars lay infertile for over a century. It was necessary that the science of folklore should first constitute itself upon a local, a racial basis, before its universally human elements could be appreciated at their true value.

The new tendency in folklore study which began to manifest itself in the sixties of last century was strengthened by the labours of Mannhardt. With him the stress was shifted from the artistic


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154. Of the variants just named all except Oliver, Lope de Vega, and Old Swedish actually state that the hero sets out from home on account of his poverty. In the two former the motive of the incestuous stepmother is introduced in place of this, and in Old Swedish the trait is obscured without any substitution, implying that the hero is led merely by ambition to undertake the tourney. On the other hand, the tourney occurs in all save Icelandic I. and II., which are the only folk-tales in the list. The second of these, moreover, makes the hero a merchant instead of a knight; but since the two come from the same island and are in other respects rather similar, this is perhaps not very significant.

Looking at the matter from another point of view, we find that Richars, Lion de Bourges, Dianese, Old Swedish, Rittertriuwe, and Sir Amadas form a group by themselves, and are uncompounded with any one of the themes with which The Grateful Dead is most frequently allied. Oliver and Lope de Vega are treated under the compound with The Ransomed Woman, where on account of the rescue of the hero by the ghost they probably belong; and Icelandic I. and II. are clearly of that type. Treu Heinrich shows the combination of the central theme with The Water of Life, and can in the nature of the case have no direct connection with the other romance stories under consideration, even though it belongs to a class in which The Ransomed Woman sometimes appears. In view of these discrepancies of position with reference to compounds which are clearly established, we are certainly not justified in assuming that The Spendthrift Knight has had anything more than a superficial relationship to The Grateful Dead. To make it a basis of classification or to attach any

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Rh considerable weight to its appearance here and there would be contrary to the only safe method of procedure, which is to follow the evidence of events in sequence rather than isolated traits. The very fact that none of the compounds with The Poison Maiden contains any such motive as this of the knight and the tourney shows that it must be comparatively late and really an interloper in the family.

As to the way by which it entered the cycle, one must conclude that it was afloat in Europe before the thirteenth century, and furnished a very natural opening for a tale in which a youth goes into the world to seek adventure or profit. Were a lady to be won by the help of the ghost, it would magnify the hero's part, if he were given an opportunity to take some very direct share in the wooing. So in the group of which Richars and Sir Amadas are members the new theme supplied the means of winning a lady, which would otherwise be lacking. In Oliver and Lope de Vega it has perhaps supplanted the ransom of a maiden, which is the trait to be expected, if they are rightly placed among the variants of the type The Grateful Dead + The Ransomed Woman. It will be noted that in the two Icelandic tales, which conform closely to the type, the tourney does not appear. There seems to be reason, therefore, for supposing that the new material touched our central theme at least twice, combining with the prototype of the Amadas group and of the Icelandic folk-stories. The authors of Oliver and Treu Heinrich may have adopted it consciously, and so these variants should be left out of account.

Before leaving the matter, however, it must be noted that in Tobit the hero leaves home on account of the poverty of his father to seek the help of a relative. The ever-recurring possibility of a recollection of Tobit

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 382 to the ritual side of the study; not what the folk feigned in saga and song, but what it wrought in rite and practice, attracted his attention and that of his followers. It was precisely these elements that proved susceptible of fertile comparison with the extra-Aryan material revealed by Waitz, Bastian, Tylor, and McLennan. As far as myth and legend and saying were concerned, the Aryan unity had shown itself, practically speaking, self-sufficient; what savage material was adduced in comparison was possibly derivative and, in any case, brought little fresh light. It was far otherwise with rite and practice, and the animating principles which underlie them; it soon became obvious that here comparison was both illuminating and fertile.

Thus, in the first half century since our study became major and self-conscious, say since 1813, it marched in the wake of Aryan comparative philology and mythology; it isolated and emphasised racial differences. In the second half century,—Dr. Tylor's works marking the dividing stage,—its tendency has been more and more to march in the wake of comparative anthropology, to consider the facts from the standpoint of culture stratification rather than as factors in distinctive historical and racial developments. Whilst the earlier folklorists may be criticised for isolating the lores of the folk, say of England, Germany, and France, as distinct, independent, and self-contained entities, (a tendency which survives in full force among the non-folklorist public!), the very opposite criticism may be passed upon his anthropological successor; he may be taxed with considering the facts, in his method of research at all events, "out of space, out of time," and some critics have hinted that the result of the method of "wild" is certainly not "sublime"!

The question of racial elements in the lore of the folk attracted me from the earliest stages of my interest in the subject, coæval with the foundation of our Society. From the beginning, too, I felt that this question could nowhere be studied with greater chance of success than in Britain. Thanks to our insular position, the facts of historic superposition and mutual influence of different races are far more clearly established than in other European lands where the shock of races and cultures has been longer, more intense, and more obscure. It early became evident to me that under a common designation were comprehended


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 Rh elements derived from culture strata differing greatly in origin and date, and that forgetfulness of this fact accounted for much of the controversy between the different schools. Those elements upon which the researches of Mannhardt and his followers had concentrated attention, elements the significance and import of which had received so much illumination from comparison with the beliefs and rites of contemporary savage peoples, seemed to me to stand outside, nay, almost to ante-date, any racial groupings of which we have historic knowledge, to belong to an archaic stratum of thought and practice through which every people that has reached a certain stage of culture has passed almost forcedly, and to constitute the oldest and most widely-spread of religions. We cannot, I think, use elements of this kind for discriminating Celt from Teuton, or either from the pre-Aryan folk they are assumed to have subjugated, for this ancient religion was, I believe, common, in substance, to all alike. But, where the lore of the folk embodies survivals of economic, social, and political practices known to have been current among the organised communities, Celtic or Teutonic, occupying portions of these islands, it may yield useful clues respecting the distribution and development of such communities, clues all the more useful as they are not infrequently our only source of detailed knowledge. Yet we must recognise that here the part of folklore is that of a subordinate auxiliary of historic record; we require the latter to supply a framework into which we can fit the details furnished by the former. In the absence of such a framework, deductions based upon the lore of the folk alone would be insecure. Could we, for instance, safely infer from it the Scandinavian settlements of the 9th-11th centuries in Britain? The answer must be in the negative; none the less is the testimony precious for filling in many gaps where historic record leaves us in the lurch.

So far I have considered the practical elements of the lore of the folk, whether derived from a pre-racial or a racial stratum. The case is different with the artistic elements; these are, as a rule, the outcome or exponent of the fancy, emotion, humour, and philosophy of a people, i.e. of a grouping constituted, at first at all events, upon a racial basis. The nature of this kind of popular lore is also largely conditioned by language, and language coincides


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Rh aber erfasst die Beiden Falschen Neid und Missgunst, weil ihr Bruder allein in den Besitz des Lebenswasser gelangt ist und sie sich vergeblich darum gemüht haben. Daher vertauschen sie das Lebenswasser, während der Bruder schläft, mit gewöhnlichem Wasser und eilen nun voraus und machen mit dem erbeuteten Trank den kranken König gesund, oder sie erscheinen nach der Ankunft des Bruders, dessen vertauschtes Wasser den König nur noch elender gemacht hat. Dabei raunen sie dem Könige heimlich ins Ohr, dass der jüngere Bruder ihn habe vergiften wollen, infolgedessen dieser vom Könige verbannt oder gar zum Tode verurteilt wird. Derselbe lebt nun längere Zeit zurückgezogen in einer untergeordneten Stellung, bis endlich durch die von ihm entzauberte Prinzessin seine Unschuld an den Tag kommt."

Dr. Wünsche gives as subsidiary types stories where a princess wishes the magic water for herself, and, when her two brothers fail to return with it, goes on a quest which results in obtaining the water and releasing the enchanted brothers; where a mother and son are the chief actors; where a bird, or fruit, or the water of death is substituted for the water of life; and where thankful beasts appear. All of these elements and more appear in the accessible variants, yet not all of them can be said rightly to represent The Water of Life as such. The basal traits of the story are much more simple than Dr. Wünsche would have us believe. They do not include, for example, the wonderful companions whom the hero finds nor the adventures with the enchanted princess, since these are in reality traits of originally separate themes, as will presently be shown. On the other hand, Cosquin's outline seems to me defective in two ways. First, he does not recognize that there existed in the original theme some reward due the

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text: Talk:Executive Order 13526

title: Talk:Executive Order 13526


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156 on the part of the European story-tellers should not be forgotten. To argue that the suggestion of adapting The Spendthrift Knight was due to a conscious or unconscious recollection of the Apocrypha would be laying too much stress upon what can at best be nothing more than conjecture, but there can be no harm in the surmise that such may have been the case.

The matter of the division of his child or children by the hero to fulfil the bargain made with his helper must next be discussed. This occurs in twenty-five of the variants which we have considered, namely: Lithuanian II., Transylvanian, Lope de Vega, Oliver, Jean de Calais I.-X., Basque II., Gaelic, Irish I, Breton I., III, and VII., Simrock I, II., and VIII., Sir Amadas, and Factor's Garland. With reference to one group where the trait appears I have already spoken at some length of The Two Friends, and I have referred to the introduction of the children as they have appeared in scattered variants. I now wish to call the reader's attention to the general aspects of the question. What relation has the use of this trait in versions of The Grateful Dead to the theme which I call The Two Friends?

It must first be noted that the motive as it appears in Amis and Amiloun requires that the hero slay his children for the healing of his foster-brother and sworn friend. Now of the twenty-five variants of The Grateful Dead just named only Oliver and Lope de Vega have this factor,—the others merely state that the helper asked the hero to fulfil his bargain by giving up his only child, or giving up one of his two children, or dividing his only child, or dividing his three children.

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 384 originally with race. Racial conflict may, it is true, disassociate the two by imposing the speech of the conqueror upon the conquered, but even in this case language furnishes valuable clues to racial grouping, for, where a subject race accepts the speech of its conqueror, it nearly always distorts it. If every historic record in the world were destroyed, a student examining the speech and, let me add, part of the lore of the negro population in America, could reconstruct something not too remote from historic reality. Moreover, these elements of the lore of the folk are, in a very special sense, the products of racial self-consciousness; they cling to, and perpetuate, bodies of belief and legend which require for their formulation and conservation the existence of a definitely-constituted class, priestly or bardic. It is in times of racial stress and shock that these bodies of belief and legend,—the racial mythology, the racial heroic saga,—emerge sharply, and identify themselves most closely with the racial consciousness. It is in the ranks of the class professionally charged with the preservation of myth and saga that the feeling of a distinct national individuality finds its most extreme and durable expression. Where the political chief may consent to temporise and to conciliate, the high priest, the chief bard, the man who has formulated and who embodies the national spirit in its most intense form, is all for a fight to the finish, and for the smiting hip and thigh of the racial foe. These organised classes,—priesthoods, saga-preserving corporations, or what not,—are furthermore gifted with great power of vitality; they survive the social conditions which gave them birth, and they outlive the communities of which they formed a vital organ and drag on their existence, maimed, it is true, and often underground, amid political, economical, and social surroundings which have altered entirely; and to the last gasp they cherish fragments of the lore it was once their glorious function to express and magnify. Considerations such as these have always led me to seek for the remains of what is racially distinctive among the artistic rather than among the practical elements of the lore of the folk.

.


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 Rh.

The correspondence which recently appeared in The Times under this heading deserves the attention of folklorists, and, as the folklore side of the question was not touched upon before the correspondence closed, it will not perhaps be considered out of place if I shortly state what the position of folklore is on this important point. The fact that it has arrived at a stage when it can contribute something to what pure science has said, is not without significance to the progress of our study.

In my book on Folklore as an Historical Science, published two years ago, I introduced a chapter on "the psychological conditions," and ventured upon the theory of the continuity of tradition being due to environment. The facts of tradition are sufficiently startling to need some scientific basis to account for them. We have a primitive thought prevalent among savage people side by side with its parallel obtaining amongst the villagers of a civilized country, and it is not enough to say that the latter is a mere survival from a far-off period when these villagers were on a level of culture with the savage. The "amazing toughness of tradition" is of course recognized by all folklorists, but to account for its prolonged persistence requires something more than the mere quality of toughness. This something more is, I venture to think, the important influence of environment. Anthropologists generally have neglected this influence, or at all events have not formulated its position. And yet it is apparent in all recent research. Two notable examples of this are Dr. Frazer's recently published Totemism and Exogamy and Mr. Hartland's Primitive Paternity. Totemism in its earliest stage is clearly not due to formulated theories of social organization; paternity, as originally conceived, is clearly due to the enormous influence of environment upon the sensitive organs of observation which man has always possessed. But these conceptions, carried through the ages, get repeated at different stages of culture whenever environment operates upon similarly constituted minds. Little groups of isolated members of civilized nations, groups of backward intellect, individuals incapable of receiving the advancing culture of their times, recede from the higher


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 400 environment and fall back upon the lower. Their intellects or their limited opportunities are thus operated upon by the same outside influences as operated upon their savage or primitive ancestors, and thus produce the same results or continue the same ideas.

Superstition is not always inherited. It is also created. Thus, as I pointed out in my book, when the Suffolk peasant set himself to work to account for the origin of the so-called "pudding stone" conglomerate, and decided that it was a mother stone and the parent of the pebbles, he was beginning a first treatise on geology in the terms of his environment. A child thinks and acts in terms of his nursery, his school, or his playground, and the grown-ups think in the terms of their family, their farm, or other industry. When this thought is shut out from the influence of science, it harps back to the primitive, reproducing an existing idea with which it can most easily assimilate, or formulating a new idea on precisely the old lines.

I do not know whether I have succeeded in making my meaning clear, but the conclusion I have come to, as a student of folk-lore, is that the impressions of the surrounding life have not been sufficiently regarded in their influence upon primitive thought, and this neglect of a very important factor in anthropological science has prevented us from seeing that tradition is an external product operating on the human mind, instead of an inheritance from folkmemory.

.

.

(Ante, p. 27.)

The village of Bromley, Staffordshire, can be traced back into the tenth century, some years earlier than the date given by Miss Burne. In 993 Ethelred II. gave it to one Wulfric, who is no doubt identical with Wulfric "Spot," whose gift of it to Burton


text:
Author:Cecil Weatherly

Works

 * (with H. R. Haxton)
 * (Orders of Knighthood)
 * (Orders of Knighthood)
 * (Orders of Knighthood)
 * (Orders of Knighthood)

title: Author:Cecil Weatherly


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 Rh Abbey in 1002 Miss Burne mentions. Ethelred's charter has not been printed, but it is mentioned in the second volume of the Reports of the Historical MSS. Commission.

.

University College, Reading.

(Ante, p. 105.)

The following extract is from the Sun newspaper of March 3rd, 1799:—

"The Sexton of a Parish Church in Shropshire lately established a curious kind of apportionment; he insisted upon a poor man, who had lost its leg by amputation, paying sixteen pence for burying it. The Pauper appealed to the Rector, who said that he could not reheve him in the present case; but he would consider it in his fees when the remainder of his body came to be buried."

.

.

Winkworth Hollow near Hascombe (Surrey) is a long steep hill, the scene of many bad accidents. A cross is kept cut in the roadside turf to mark the spot where a carter was killed about eighteen years ago. Another large cross is cut in Hascombe Park, where a man was killed by a tree falling off his timber-cart; this also happened in L. B.'s childhood,—(my informant L. B. is now aged about 25),—and made a deep impression on all the neighbours. Is this a regular custom of the south of England?

At Kennington, near Oxford, in August, 1901, a boy took me to see a cross cut in the roadside turf, half-way between Kennington and Bagley Wood; here a man had been run over by a timbercart; the boy said that the roadmenders cut the cross afresh every year, and he seemed to regard it as a very impressive memorial. There is a cross cut on the eastern face of Pyrford


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1. .—We have laid it down that the educative process is a continuous process of growth, having as its aim at every stage an added capacity of growth. This conception contrasts sharply with other ideas which have influenced practice. By making the contrast explicit, the meaning of the conception will be brought more clearly to light. The first contrast is with the idea that education is a process of preparation or getting ready. What is to be prepared for is, of course, the responsibilities and privileges of adult life. Children are not regarded as social members in full and regular standing. They are looked upon as candidates; they are placed on the waiting list. The conception is only carried a little farther when the life of adults is considered as not having meaning on its own account, but as a preparatory probation for "another life." The idea is but another form of the notion of the negative and privative character of growth already criticized; hence we shall not repeat the criticisms, but pass on to the evil consequences which flow from putting education on this basis.

In the first place, it involves loss of impetus. Motive power is not utilized. Children proverbially live in the present; that is not only a fact not to be evaded, but it is an excellence. The future just as future lacks urgency and body. To get ready for something, one knows not what nor why, is to throw away the leverage that exists, and to seek for motive power in a vague chance. Under such circumstances, there is, in the second place, a premium put on shillyshallying and

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64. The future prepared for is a long way off; plenty of time will intervene before it becomes a present. Why be in a hurry about getting ready for it? The temptation to postpone is much increased because the present offers so many wonderful opportunities and proffers such invitations to adventure. Naturally attention and energy go to them; education accrues naturally as an outcome, but a lesser education than if the full stress of effort had been put upon making conditions as educative as possible. A third undesirable result is the substitution of a conventional average standard of expectation and requirement for a standard which concerns the specific powers of the individual under instruction. For a severe and definite judgment based upon the strong and weak points of the individual is substituted a vague and wavering opinion concerning what youth may be expected, upon the average, to become in some more or less remote future; say, at the end of the year, when promotions are to take place, or by the time they are ready to go to college or to enter upon what, in contrast with the probationary stage, is regarded as the serious business of life. It is impossible to overestimate the loss which results from the deflection of attention from the strategic point to a comparatively unproductive point. It fails most just where it thinks it is succeeding—in getting a preparation for the future.

Finally, the principle of preparation makes necessary recourse on a large scale to the use of adventitious motives of pleasure and pain. The future having no stimulating and directing power when severed from the possibilities of the present, something must be hitched on to it to make it work. Promises of reward and threats of pain are employed. Healthy work, done for present reasons and as a factor in living, is largely unconscious. The stimulus resides in the situation with which one is actually confronted. But when this situation is ignored, pupils have to be told that if they do not follow the prescribed course penalties will accrue; while if they do, they

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 38 "November, 1901. "I have given my party. Fifty people attended, thirty-eight of them 'grown-ups.' It began at 7.30 and ended at 2.15 a.m., starting with a trifle of 165 verses about a certain 'Earl of Engelland' and his two sons. You could have heard my party half a mile, and it was supposed to be a very fine entertainment. We had coffee, Jul-kage, Scotch biscuits, tobacco, cigars, and sweets, and I doubt if any other church-capital ever gave a dance to all the youth of the city for the sum of fourteen shillings! The gentlemen all wore their hats, and most of them neck-mufflers. ' Kissing games ' followed from i o'clock to 2.15, and there was one very pretty figure-dance, when twenty of the gentlemen's garters were used. Altogether it was a great success."

"Nov. 23rd, 1902.

"I wish you could have attended a large wedding in that I saw last week. It lasted 50 hours, and dancing went on about 46 hours out of the fifty. I saw one great-grandfather, grandfather to the bride, dancing vigorously the old Danish ballad ' There lived two Earls in Engelland,' 165 verses long. He was 86 years old. Most of the dance ballads were old Danish kempeviser, but there were also Far6sk ones,—The Long Serpent, Sigmund's ballad, Jakoba Mon, one of the Charlemagne ballads, and perhaps eight or nine more during the whole time of dancing."

In another letter the writer states that the dances cease during the season of Lent.

The Roman Mission under Augustine introduced the veneration of the Apostles. The names of St. Peter, St. Andrew, etc., with the local Roman saints Gregory and Lawrence, mark their foundations. St. Mary and All Saints are of every date and school. The Celtic Church revered its own holy men, as we see to this day both in the dedications and the place-names of Wales and Cornwall. The Anglo-Saxon Church, later, followed to some extent in its steps, and commemorated,—(to mention only a few),—St. Cuthbert and St. Chad, St. Hilda, St. Edith, and St. Mildred. St. Leonard, protector of captives, and St. Giles, patron of cripples, the


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Rh may expect, some time in the future, rewards for their present sacrifices. Everybody knows how largely systems of punishment have had to be resorted to by educational systems which neglect present possibilities in behalf of preparation for a future. Then, in disgust with the harshness and impotency of this method, the pendulum swings to the opposite extreme, and the dose of information required against some later day is sugar-coated, so that pupils may be fooled into taking something which they do not care for.

It is not of course a question whether education should prepare for the future. If education is growth, it must progressively realize present possibilities, and thus make individuals better fitted to cope with later requirements. Growing is not something which is completed in odd moments; it is a continuous leading into the future. If the environment, in school and out, supplies conditions which utilize adequately the present capacities of the immature, the future which grows out of the present is surely taken care of. The mistake is not in attaching importance to preparation for future need, but in making it the mainspring of present effort. Because the need of preparation for a continually developing life is great, it is imperative that every energy should be bent to making the present experience as rich and significant as possible. Then as the present merges insensibly into the future, the future is taken care of.

2. .—There is a conception of education which professes to be based upon the idea of development. But it takes back with one hand what it proffers with the other. Development is conceived not as continuous growing, but as the unfolding of latent powers toward a definite goal. The goal is conceived of as completion, perfection. Life at any stage short of attainment of this goal is merely an unfolding toward it. Logically the doctrine is only a variant of the preparation theory. Practically the two differ in that the adherents of the latter make much of the

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Rh woodland hermit saints of France, are among those who came in with the Norman Conquest. St. Nicholas of Myra, St. George of Cappadocia, St. Margaret of Antioch, St. Katharine of Alexandria, and others, bear witness to the influence of the Crusades. Dedications to the Holy Trinity are not older than the twelfth century, when the festival of Trinity Sunday was first instituted. Before that, Whitsunday had governed the Calendar to the end of the ecclesiastical year. Sometimes part of the fabric of a church suggests an older date than the dedication. This is likely to be due to re-consecration after alterations, a ceremony which was held to be necessary if the site of the high altar were changed. When this occurred, the original patron saint was sometimes deserted for one more popular at the time of the rebuilding.

The following cases will suffice to exemplify the manner of the distribution and growth of the devotion to the saints. The church of the immense mother-parish of Stoke-on-Trent (Staffordshire), mentioned in Domesday Book, is dedicated to St. Peter. It is situated on the river-side, where doubtless the ancient stockade from which the place appears to take its name once guarded the passage of the Trent, and which would obviously be a convenient centre for missionary labours. High above it, on the hill-sides, stand the daughter-churches, St. Margaret of Wolstanton and St. Giles of Newcastle-under-Lyme,—(i.e. "under" Lyme Forest). The other churches of the Five Towns are more or less modern. I was lately told" of the parallel case of South Stoke in Oxfordshire on the banks of the Thames, with the little daughter-church, or rather chapelry, of Woodcote, on the uplands of the old Chiltern Forest, four miles away. South Stoke is dedicated to St. Andrew, the fisherman, "the first missionary," brother of St. Peter,—Woodcote, to St. Leonard. A long straight trackway across the common, (unenclosed down to 1853), connects the one with the other. It is called the burying-way, for there is no right of burial at Woodcote, though there is a churchyard. (In this connection was mentioned the common popular belief that the passage of a funeral procession confers a right-of-way for ever after.) Within the memory of the present generation a great fair for sheep and cattle


text:
Constitution of Sri Lanka/Chapter I

The State.

1. Sri Lanka (Ceylon) is a free, Sovereign, Independent and Democratic Socialist Republic and shall be known as the Democratic Socialist Republic of Sri Lanka.

Unitary State.

2. The Republic of Sri Lanka is a Unitary State.

Sovereignty of the People.

3. In the Republic of Sri Lanka sovereignty is in the people and is inalienable. Sovereignty includes the powers of government, fundamental rights and the franchise.

Exercise of Sovereignty.

4. The Sovereignty of the People shall be exercised and enjoyed in the following manner :-

(a) the legislative power of the People shall be exercised by Parliament, consisting of elected representatives of the People and by the People at a Referendum;

(b) the executive power of the People including the defence of Sri Lanka, shall be exercised by the President of the Republic elected by the People;

(c) the judicial power of the People shall be exercised by Parliament through courts, tribunals and institutions created and established, or recognized, by the Constitution, or created and established by law, except in regard to matters relating to the privileges, immunities and powers of Parliament and of its Members, wherein the judicial power of the People may be exercised directly by Parliament according to law;

(d) the fundamental rights which are by the Constitution declared and recognized shall be respected, secured and advanced by all the organs of government, and shall not be abridged, restricted or denied, save in the manner and to the extent hereinafter provided; and

(e) the franchise shall be exercisable at the election of the President of the Republic and of the Members of Parliament, and at every Referendum by every citizen who has attained the age of eighteen years, and who being qualified to be an elector as hereinafter provided, has his name entered in the register of electors.

Territory of the Republic.

5. The territory of the Republic of Sri Lanka shall consist of the 1[twenty-five] administrative districts, the names of which are set out in the First Schedule, and its 2[territorial waters: Provided that such administrative districts may be subdivided or amalgamated so as to constitute different administrative districts, as Parliament may by resolution determine].

The National Flag.

6. The National Flag of the Republic of Sri Lanka shall be the Lion Flag depicted in the Second Schedule.

The National Anthem.

7. The National Anthem of the Republic of Sri Lanka shall be "Sri Lanka Matha," the words and music of which are set out in the Third Schedule.

The National Day.

8. The National Day of the Republic of Sri Lanka shall be the fourth day of February.

title: Constitution of Sri Lanka/Chapter I


text: Category:Constitution of Sri Lanka

title: Category:Constitution of Sri Lanka


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66 practical and professional duties for which one is preparing, while the developmental doctrine speaks of the ideal and spiritual qualities of the principle which is unfolding.

The conception that growth and progress are just approximations to a final unchanging goal is the last infirmity of the mind in its transition from a static to a dynamic understanding of life. It simulates the style of the latter. It pays the tribute of speaking much of development, process, progress. But all of these operations are conceived to be merely transitional; they lack meaning on their own account. They possess significance only as movements toward something away from what is now going on. Since growth is just a movement toward a completed being, the final ideal is immobile. An abstract and indefinite future is in control with all which that connotes in depreciation of present power and opportunity.

Since the goal of perfection, the standard of development, is very far away, it is so beyond us that, strictly speaking, it is unattainable. Consequently, in order to be available for present guidance it must be translated into something which stands for it. Otherwise we should be compelled to regard any and every manifestation of the child as an unfolding from within, and hence sacred. Unless we set up some definite criterion representing the ideal end by which to judge whether a given attitude or act is approximating or moving away, our sole alternative is to withdraw all influences of the environment lest they interfere with proper development. Since that is not practicable, a working substitute is set up. Usually, of course, this is some idea which an adult would like to have a child acquire. Consequently, by "suggestive questioning" or some other pedagogical device, the teacher proceeds to "draw out" from the pupil what is desired. If what is desired is obtained, that is evidence that the child is unfolding properly. But as the pupil generally has no initiative of his own in this direction, the result is a random groping after what

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text:
Constitution of Sri Lanka/Chapter II

9. The Republic of Sri Lanka shall give to Buddhism the foremost place and accordingly it shall be the duty of the State to protect and foster the Buddha Sasana, while assuring to all religions the rights granted by Articles 10 and 14(1)(e).

title: Constitution of Sri Lanka/Chapter II


text:
Constitution of Sri Lanka/Chapter III

Freedom of thought, conscience and religion.

10. Every person is entitled to freedom of thought, conscience and religion, including the freedom to have or to adopt a religion or belief of his choice.

Freedom from torture.

11. No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Right to equality.

12. (1) All persons are equal before the law and are entitled to the equal protection of the law.

(2) No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth or any such grounds:

Provided that it shall be lawful to require a person to acquire within a reasonable time sufficient knowledge of any language as a qualification for any employment or office in the Public, Judicial or Local Government Service or in the service of any public corporation, where such knowledge is reasonably necessary for the discharge of the duties of such employment or office:

Provided further that it shall be lawful to require a person to have sufficient knowledge of any language as a qualification for any such employment of office where no function of that employment or office can be discharged otherwise than with a knowledge of that language.

(3) No person shall, on the grounds of race, religion, language, caste, sex or any one such grounds, be subject to any disability, liability, restriction or condition with regard to access to shops, public restaurants, hotels, places of public entertainment and places of public worship of his own religion.

(4) Nothing in this Article shall prevent special provision being made, by law, subordinate legislation or executive action, for the advancement of women, children or disabled persons.

Freedom from arbitrary arrest, detention and punishment, and prohibition of retroactive penal legislation.

13. (1) No person shall be arrested except according to procedure established by law. Any person arrested shall be informed of the reason for his arrest.

(2) Every person held in custody, detained or otherwise deprived of personal liberty shall be brought before the judge of the nearest competent court according to procedure established by law, and shall not be further held in custody, detained or deprived of personal liberty except upon and in terms of the order of such judge made in accordance with procedure established by law.

(3) Any person charged with an offence shall be entitled to be heard, in person or by an attorney-at-law, at a fair trial by a competent court.

(4) No person shall be punished with death or imprisonment except by order of a competent court, made in accordance with procedure established by law. The arrest, holding in custody, detention or other deprivation of personal liberty of a person, pending investigation or trial, shall not constitute punishment.

(5) Every person shall be presumed innocent until he is proved guilty:

Provided that the burden of proving particular facts may, by law, be placed on an accused person.

(6) No person shall be held guilty of an offence on account of any act or omission which did not, at the time of such act or omission, constitute such an offence, and no penalty shall be imposed for any offence more severe than the penalty in force at the time such offence was committed.

Nothing in this Article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.

It shall not be a contravention of this Article to require the imposition of a minimum penalty for an offence provided that such penalty does not exceed the maximum penalty prescribed for such offence at the time such offence was committed.

(7) The arrest, holding in custody, detention or other deprivation of personal liberty of a person, by reason of a removal order or a deportation order made under the provisions of the Immigrants and Emigrants Act or the Indo-Ceylon Agreement (Implementation) Act, No. 14 of 1967, or such other law as may be enacted in substitution therefor, shall not be a contravention of this Article.

Freedom of Speech, assembly, association, movement, &c.

14. (1) Every citizen is entitled to -

(a) the freedom of speech and expression including publication;

(b) the freedom of peaceful assembly;

(c) the freedom of association;

(d) the freedom to form and join a trade union;

(e) the freedom, either by himself or in association with others, and either in public or in private, to manifest his religion or belief in worship, observance, practice or teaching;

(f) the freedom by himself or in association with others to enjoy and promote his own culture and to use his own language;

(g) the freedom to engage by himself or in association with others in any lawful occupation, profession, trade, business or enterprise;

(h) the freedom of movement and of choosing his residence within Sri Lanka; and

(i) the freedom to return to Sri Lanka.

(2) A person who, not being a citizen of any other country, has been permanently and legally resident in Sri Lanka immediately prior to the commencement of the Constitution and continues to be so resident shall be entitled, for a period of ten years from the commencement of the Constitution, to the rights declared and recognized by paragraph (1) of this Article.

Restrictions on fundamental Rights.

15. (1) The exercise and operation of the fundamental rights declared and recognized by Articles 13 (5) and 13 (6) shall be subject only to such restrictions as may be prescribed by law in the interests of national security. For the purposes of this paragraph “law” includes regulations made under the law for the time being relating to public security.

(2) The exercise and operation of the fundamental right declared and recognized by Article 14(1) (a) shall be subject to such restrictions as may be prescribed by law in the interests of racial and religious harmony or in relation to parliamentary privilege, contempt of court, defamation or incitement to an offence.

(3) The exercise and operation of the fundamental right declared and recognized by Article 14(1) (b) shall be subject to such restrictions as may be prescribed by law in the interests of racial and religious harmony.

(4) The exercise and operation of the fundamental right declared and recognized by Article 14(1) (c) shall be subject to such restrictions as may be prescribed by law in the interests, of racial and religious harmony or national economy.

(5) The exercise and operation of the fundamental right declared and recognized by Article 14 (1) (g) shall be subject to such restrictions as may be prescribed by law in the interests, of national economy or in relation to -

(a) the professional, technical, academic, financial and other qualifications necessary for practising any profession or carrying on any occupation, trade, business or enterprise, and the licensing and disciplinary control of the person entitled to such fundamental right, and

(b) the carrying on by the State, a State agency or a public corporation of any trade, business,, industry, service or enterprise whether to the exclusion, complete or partial, of citizens or otherwise.

(6) The exercise and operation of the fundamental right declared and recognized by Article 14 (1) (h) shall be subject to such restrictions as may be prescribed by law in the interests of national economy.

(7) The exercise and operation of all the fundamental rights declared and recognized by Articles 12, 13(1), 13(2) and 14 shall be subject to such restrictions as may be prescribed by law in the interests of national security, public order and the protection of public health or morality, or for the purpose of securing due recognition and respect for the rights and freedoms of others, or of meeting the just requirements of the general welfare of a democratic society. For the purposes of this paragraph " law " includes regulations made under the law for the time being relating to public security.

(8) The exercise and operation of the fundamental rights declared and recognized by Articles 12 (1), 13 and 14 shall, in their application to the members of the Armed Forces, Police Force and other Forces charged with the maintenance of public order, be subject to such restrictions as may be prescribed by law in the interests of the proper discharge of their duties and the maintenance of discipline among them.

Existing written law and unwritten law to continue in force.

16. (1) All existing written law and unwritten law shall be valid and operative notwithstanding any inconsistency with the preceding provisions of this Chapter.

(2) The subjection of any person on the order of a competent court to any form of punishment recognized by any existing written law shall not be a contravention of the provisions of this Chapter.

Remedy for the infringement of fundamental rights by executive action.

17. Every person shall be entitled to apply to the Supreme Court, as provided by Article 126, in respect of the infringement or imminent infringement, by executive or administrative action, of a fundamental right to which I such person is entitled under the provisions of this Chapter.

title: Constitution of Sri Lanka/Chapter III


text:
Page:Folk-lore - A Quarterly Review. Volume 22, 1911.djvu/55

 BUSHONGO MYTHOLOGY.

BY E. TORDAY.

(Read at Meeting, November 16th, 1910.)

The Bushongo are a people better known under the name of Bakuba, a sobriquet given to them by their neighbours and meaning "the people of the lightning"; strictly speaking they ought to be called Bashi Bushongo, i.e. "the sons of Bushongo." The population of the kingdom of Bushongo cannot much exceed one hundred thousand, and is composed of tribes originating from various distant parts of Africa. The backbone of the kingdom is formed by the Bambala, who originate from the Soudan, having immigrated from the neighbourhood of lake Tchad; the western part of the population comes from the Upper Congo; and in the south we find a branch of the Baluba, whose original home was somewhere near Lake Nyassa. This diversity of origin accounts for a corresponding diversity of tenets, although to a certain extent there has been an interchange of customs and beliefs.

The version of their mythology given by the Moaridi, the Bambala elder who is the official historian of the kingdom, is as follows:—In the beginning the world consisted only of water, and there was absolute darkness. In this chaos Bumba, the Chembe (God), reigned alone; he was like a man in form, but of enormous size, and white in colour. One day he vomited the sun, the moon, and the stars, and under the influence of the sun the water began


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Page:Folk-lore - A Quarterly Review. Volume 22, 1911.djvu/54

26 was annually held in what is now the recreation ground near the churchyard, on the Monday after the 16th November. (The 6th November is St. Leonard's Day; the 16th probably represents Old Style.) It was killed by the rinderpest epidemic of 1866, but before that the then rector, (the father of the present), had put a stop to the penning of the sheep in the churchyard, much to the discontent of the farmers, who considered they were being deprived of a right.

It is very common to find that Feasts or Wakes are dated by "Old Style," eleven days later than the present, or "Gregorian," calendar. Great popular resentment was displayed when the new calendar was introduced in 1753. The people fancied they had been somehow robbed of a rightful possession, and "Give us back our eleven days" became an election cry. But it is very curious to find a reminiscence of the discontent at the present day, "lingering on," writes my nephew, the Rev. R. V. H. Burne, curate of Slough, under date April 7th, 1909, "in the brain of a genuine old countryman who can remember sickles, and the parson's tithe-sheaf, and shoeing cattle with leather to drive them to the London market. I was talking to him the other day, and he seemed to have a grievance against "the new calendar." "Oliver Cromwell or someone" took away eleven days, and the seasons never altered to suit, and so you find that you never get April weather until April 11th, because April 1-11 really belongs to March. Old Michaelmas. Day, too, used to be October 11th. They have altered it now to September 29th. He remembered taking a house on Old Michaelmas Day for twelve calendar months, and they wanted him to go out on New Michaelmas Day. But he wouldn't go! They used to begin spring sowing at the same time as the parson began his Lent sermons. Yes, Lent varied a good deal, but if you started when the parson did you weren't far wrong. (His niece explained that they thought it brought a kind of blessing on the crops.)"

The spring wheat, in Shropshire, used to be known as the "Lent tillin'," (G. F. Jackson, Shropshire Wordbook).

This is a divergence from Wakes, but perhaps not an uninteresting example of "survival."


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Page:Democracy and Education.djvu/86

Rh is wanted, and the formation of habits of dependence upon the cues furnished by others. Just because such methods simulate a true principle and claim to have its sanction they may do more harm than would outright "telling," where, at least, it remains with the child how much will stick.

Within the sphere of philosophic thought there have been two typical attempts to provide a working representative of the absolute goal. Both start from the conception of a whole—an absolute—which is "immanent" in human life. The perfect or complete ideal is not a mere ideal; it is operative here and now. But it is present only implicitly, "potentially," or in an enfolded condition. What is termed development is the gradual making explicit and outward of what is thus wrapped up. Froebel and Hegel, the authors of the two philosophic schemes referred to, have different ideas of the path by which the progressive realization or manifestation of the complete principle is effected. According to Hegel, it is worked out through a series of historical institutions which embody the different factors in the Absolute. According to Froebel, the actuating force is the presentation of symbols, largely mathematical, corresponding to the essential traits of the Absolute. When these are presented to the child, the Whole, or perfection, sleeping within him, is awakened. A single example may indicate the method. Every one familiar with the kindergarten is acquainted with the circle in which the children gather. It is not enough that the circle is a convenient way of grouping the children. It must be used "because it is a symbol of the collective life of mankind in general."

Froebel's recognition of the significance of the native capacities of children, his loving attention to them, and his influence in inducing others to study them, represent perhaps the most effective single force in modern educational theory in effecting widespread acknowledgment of the idea of growth. But his formulation of the notion of development and his organization of devices for promoting it were badly hampered

title: Page:Democracy and Education.djvu/86


text:
Constitution of Sri Lanka/Chapter IV

Official Language.

18. 3[(1)] The Official Language of Sri Lanka shall be Sinhala.

4[(2) Tamil shall also be an official language.

(3) English shall be the link language.

(4) Parliament shall by law provide for the implementation of the provisions of this Chapter].

National Languages.

19. The National Languages of Sri Lanka shall be Sinhala and Tamil.

Use of National Languages in Parliament and local authorities.

20. A Member of Parliament or 5[a member of a Provincial Council or a local authority] shall be entitled to perform his duties and discharge his functions in Parliament 6[or in such Provincial Council or local authority] in either of the National Languages.

Medium of instruction.

21. (1) A person shall be entitled to be educated through the medium of either of the National Languages:

Provided that the provisions of this paragraph shall not apply to an institution of higher education where the medium of instruction is a language other than a National Language.

(2) Where one National Language is a medium of instruction for or in any course, department or faculty of any University directly or indirectly financed by the State, the other National Language shall also be made a medium of instruction for or in such course, department or faculty for students who prior to their admission to such University, were educated through the medium of such other National Language:

Provided that compliance with the preceding provisions of this paragraph shall not be obligatory if such other National Language is the medium of instruction for or in any like course, department or faculty either at any other campus or branch of such University or of any other like University.

(3) In this Article "University" includes any institution of higher education.

7[Languages of administration.

22. (1) Sinhala and Tamil shall be the languages of administration through out Sri Lanka and Sinhala shall be the language of administration and be used for the maintenance of public records and the transaction of all business by public institutions of all the provinces of Sri Lanka other than the Northern and Eastern Provinces where Tamil shall be so used.

Provided that the President may, having regard to the proportion which the Sinhala or Tamil linguistic minority population in any unit comprising a division of an Assistant Government Agent, bears to the total population of that area, direct that both Sinhala and Tamil or a language other than the language used as the language of administration in the province in which such area may be situated, be used as the language of administration for such area.

(2) In any area where Sinhala is used as the language of administration a person other than an official acting in his official capacity, shall be entitled:

(a) to receive communications from, and to communicate and transact business with, any official in his official capacity, in either Tamil or English;

(b) if the law recognizes his right to inspect or to obtain copies of or extracts from any official register, record, publication or other document, to obtain a copy of, or an extract from such register, record, publication or other document, or a translation thereof, as the case may be, in either Tamil or English;

(c) where a document is executed by any official for the purpose of being issued to him, to obtain such document or a translation thereof, in either Tamil or English;

(3) In any area where Tamil is used as the language of administration, a person other than an official acting in his official capacity, shall be entitled to exercise the rights, and to obtain the services, referred to in sub paragraphs (a), (b) and (c) of paragraph (2) of this Article, in Sinhala or English.

(4) A Provincial Council or a local authority which conducts its business in Sinhala shall be entitled to receive communications from and to communicate and transact business with, any official in his official capacity, in Sinhala, and a Provincial Council or a local authority which conducts its business in Tamil shall be entitled to receive communications from and to communicate and transact business with, any official in his official capacity, in Tamil :

Provided, however, that a Provincial Council, local authority, public institution or any official receiving communications from transacting business with any other or Provincial Council, local authority, public institution or an official functioning in an area in which a different language is used as the Language of administration shall be entitled to receive communications from and to communicate and transact business in English.

(5) A person shall be entitled to be examined through the medium of either Sinhala or Tamil or a language of his choice at any examination for the admission of persons to the Public Service, Judicial Service, Provincial Public Service, Local Government Service or any public institution, subject to the condition that he may be required to acquire a sufficient knowledge of Tamil or Sinhala, as the case may be, within a reasonable time after admission to such service or public institution where such knowledge is reasonably necessary for the discharge of his duties:

Provided that a person may be required to have a sufficient knowledge of Sinhala or Tamil, as a condition for admission to any such service or public institution where no function of the office or employment for which he is recruited can bc discharged otherwise than with a sufficient knowledge of such language.

(6) in this Article :-

"Official" means the President, any Minister, Deputy Minister, Governor, Chief Minister or Minister of the Board of Ministers of a Province, or any officer of a public institution; local authority or Provincial Council; and

"Public institution" means a department or institution of the Government, a public corporation or statutory institution.]

Language of Legislation.

8[23. (1) All laws and subordinate legislation shall be enacted or made and published in Sinhala and Tamil, together with a translation thereof in English:

Provided that Parliament shall, at the stage of enactment of any law determine which text shall prevail in the event of any inconsistency between texts.

Provided further that in respect of all other written laws and the text in which such written laws was enacted or adopted or made, shall prevail in the event of any inconsistency between such texts:

(2) All Orders, Proclamations, rules, by-laws, regulations and notifications made or issued under any written law other than by a Provincial Council or a local authority, and the Gazette shall be published in Sinhala and Tamil together with a translation thereof in English.

(3) All Orders, Proclamations, rules, by-laws, regulations and notifications made or issued under any written law by any Provincial Council or local authority, and all documents, including circulars and forms issued by such body or any public institution shall be published in the Language used in the administration in the respective areas in which they function, together with a translation thereof in English.

(4) All laws and subordinate legislation in force immediately prior to the commencement of the Constitution, shall be published in the Gazette in the Sinhala and Tamil Language as expeditiously as possible.]

Language of the courts.

24. 9[(1) Sinhala and Tamil shall be the languages of the Courts throughout Sri Lanka and Sinhala shall be used as the language of the courts situated in all the areas of Sri Lanka except those in any area where Tamil is the language of administration. The record and proceedings shall be in the language of the Court. In the event of an appeal from any court records shall also be prepared in the language of the court hearing the appeal, if the language of such court is other than the language used by the court from which the appeal is preferred:

Provided that the Minister in charge of the subject of Justice may, with the concurrence of the cabinet of Ministers direct that the record of any court shall also be maintained and the proceedings conducted in a language other than the language of the court;]

(2) Any party or applicant or any person legally entitled to represent such party or applicant may initiate proceedings, and submit to court pleadings and other documents, and participate in the proceedings in court, 10[in either Sinhala or Tamil.]

(3) Any judge, juror, party or applicant or any person legally entitled to represent such party or applicant, who is not conversant with the language used in a court, shall be entitled to interpretation and to translation into 11[Sinhala or Tamil] provided by the State, to enable him to understand and participate in the proceedings before such court, and shall also be entitled to obtain in 12[such language] ar any such part of the record or a translation thereof, as the case may be, as he may be entitled to obtain according to law.

(4) The Minister in charge of the subject of Justice may, with the concurrence of the Cabinet of Ministers, issue, directions permitting 13[The use of English] in or in relation to the records and proceedings in any court for all purposes or for such purposes as may be specified therein. Every judge shall be bound to implement such directions.

(5) In this Article -

"Court" means any court or tribunal created and established for the administration of justice including the adjudication and settlement of industrial and other disputes, or any other tribunal or institution exercising judicial or quasi-judicial functions or any tribunal or institution created and established for the conciliation and settlement of disputes :

"judge" includes the President, Chairman, presiding officer and member of any court; and

"record" includes pleadings, judgments, orders and other judicial and ministerial acts.

Provision for adequate facilities for use of languages provided for in this Chapter.

25. The State shall provide adequate facilities for the use of the languages provided for in this Chapter.

Provision of any law inconsistent with this Chapter deemed to be repealed.

14[25a. In the event of any inconsistency between the provisions of any law and the provisions of this Chapter, the provisions of this Chapter shall prevail.]

3. Renumbered as para (1) of Article 18 by the Thirteenth Amendment to the Constitution Sec. 2 (a)

4. Added by the Thirteenth Amendment to the Constitution Sec. 2 (b)

5. Substituted by Sixteenth Amendment to the Constitution Sec. 2 (1) for “or a member of a local authority”.

6. Substituted by Sixteenth Amendment to the Constitution Sec. 2 (2) for “or in such local authority”.

7. Original Article 22 replaced by the Sixteenth Amendment to the Constitution Sec. 3.

8. Original Article 23 replaced by the Sixteenth Amendment to the Constitution Sec. 3.

9. Original para (1) repealed and substituted by the Sixteenth Amendment to the Constitution Sec. 4 (1).

10. Substituted by the Sixteenth Amendment to the Constitution Sec. 4 (2) for “in either of the National Language”.

11. Substituted by the Sixteenth Amendment to the Constitution Sec. 4 (3) (a) for “the appropriate National Language”.

12. Substituted by the Sixteenth Amendment to the Constitution Sec. 4 (3) (b) for “either of the National Languages”.

13. Substituted by the Sixteenth Amendment to the Constitution Sec. 4 (4) for “the use of a Language other than a National Language”.

14. Inserted by the Sixteenth Amendment Sec. 5.

title: Constitution of Sri Lanka/Chapter IV


text:
Constitution of Sri Lanka/Chapter V

Citizenship of Sri Lanka.

26. (1) There shall be one status of citizenship known as "the status of a citizen of Sri Lanka."

(2) A citizen of Sri Lanka shall for all purposes be described only as a "citizen of Sri Lanka," whether such person became entitled to citizenship by descent or by virtue of registration in accordance with the law relating to citizenship.

(3) No distinction shall be drawn between citizens of Sri Lanka for any purpose by reference to the mode of acquisition of such status, as to whether acquired by descent or by virtue of registration.

(4) No citizen of Sri Lanka shall be deprived of his status of a citizen of Sri Lanka, except under and by virtue of the provisions of sections 19, 20, 21 and 22 of the Citizenship Act:

Provided that the provisions of sections 23 and 24 of that Act shall also be applicable to a person who became entitled to the status of a citizen of Sri Lanka by virtue of registration under the provisions of section 11, 12 or 13 of that Act.

(5) Every person who immediately prior to the commencement of the Constitution was a citizen of Sri Lanka, whether by descent or by virtue of registration in accordance with any law relating to citizenship, shall be entitled to the status and to the rights of a citizen of Sri Lanka as provided in the preceding provisions of this Article.

(6) The provisions of all existing written laws relating to citizenship and all other existing written laws wherein reference is made to citizenship shall be read subject to the preceding provisions of this Article.

title: Constitution of Sri Lanka/Chapter V