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 province, and of the Union is Pretoria, with a population (1904) of 36,839 (of whom 21,114 were whites). Johannesburg, the centre of the gold-mining industry, had a population, within the municipal boundary, of 155,642 (83,363 whites). Other towns within the Witwatersrand district are Germiston (29,477), Boksburg (14,757) and Roodepoort-Maraisburg (19,949), virtually suburbs of Johannesburg, and Krugersdorp (20,073) and Springs (5270), respectively at the western and east ends of the district. Besides Pretoria and the towns in the Witwatersrand district, there are few urban centres of any size. Potchefstroom, in the south near the Vaal (pop. 9348), is the oldest town in the Transvaal. Klerksdorp (4276) is also near the Vaal, S.S.W. of Potchefstroom. Middelburg (5085) is the largest towrn on the railway between Pretoria and Delagoa Bay; Barberton (2433), the centre of the De Kaap gold-fields, lies on the slopes of the Drakensberg overlooking the De Kaap valley.

Communications.—Before 1888 the only means of communication was by road. In that year the government sanctioned the building of a “steam tramway”—a railway in all but name—from the Boksburg collieries to the Rand gold mines. In 1890 the construction of the Transvaal section of the railway to connect Pretoria with Delagoa Bay was begun, the line from Lourenço Marques having been completed to Komati Poort in December 1887. The line to Pretoria was not opened until July 1895. Meantime, in September 1892, the Cape railway system had been extended to Johannesburg and in December 1895 the through line between Durban and Pretoria was completed. Since that date many other lines have been built. The majority of the railways are the property of and are worked by the state. With the exception of a few purely local lines they are of the standard South African gauge—3 ft. 6 in. The lines all converge on Johannesburg. The following table gives the distances from that city to other places in South Africa :—

Besides the lines enumerated the other railways of importance are: (1) A line from Johannesburg eastward via Springs and Breyten to Machadodorp on the Pretoria–Delagoa Bay railway. (2) A line, 68 m. long from Witbank, a station on the Pretoria–Delagoa Bay line, to Brakpan on the Springs line. By (1) the distance between Johannesburg and Lourenço Marques is 364 m., by (2) 370 m. A continuation of the Springs–Breyten line eastward through Swaziland to Delagoa Bay will give a second independent railway from that port to the Rand, some 60 m. shorter than the route via Pretoria, while from Breyten a line (90 m. long) runs south and east to Ermelo and Piet Retief. (3) A line from Krugersdorp to Zeerust (128 m.). (4) A line from Pretoria to Rustenburg (61 m.). (5) A line from Pretoria to Pietersburg (177 m.). This line was continued (1910) north-west to effect a junction with (6) the “Selati” railway, which, starting from Komati Poort, runs north-west and was in 1910 continued to Leydsdorp. North of the junction with the Pietersburg line the railway goes towards the Limpopo. (7) A line from Belfast on the Pretoria–Delagoa Bay railway to Lydenburg (65 m.). (8) A line from Potchefstroom to Lichtenburg (70 m.).

There is an extensive telegraphic system linking the towns of the province to one another, and, through the surrounding countries, with Europe and the rest of the world. There is inland communication via Rhodesia with British Central Africa and Ujiji on Lake Tanganyika. The telegraph lines within the Transvaal have a length of about 3000 m. There is a well-organized postal service with about 400 offices. In connexion with the postal services to outlying districts there is a public passenger service by mail carts. In the Pietersberg district zebras are occasionally employed.

Mineral Resources.—The Transvaal, the principal gold producing country in the world, is noted for the abundance and variety of its mineral resources. The minerals chiefly mined besides gold are diamonds and coal, but the country possesses also silver, iron, copper, lead, cobalt, sulphur, saltpetre and many other mineral deposits.

Gold.—The principal gold-bearing reefs are found along the Witwatersrand (“The Rand”). Probably connected with the Rand reefs are the gold-bearing rocks in the Klerksdorp, Potchefstroom and Venterskroon districts. Other auriferous reefs are found all along the eastern escarpment of the Drakensberg and are worked in the De Kaap (Barberton) district, on the Swaziland frontier, in the Lydenburg district, in the Murchison Range and in other places in the Zoutpansberg. Goldfields also exist in the Waterberg and on the western frontier in the Marico district (the Malmani fields). The total value of the gold extracted from mines in the Transvaal up to the end of 1909 was about £246,000,000.

a. The Witwatersrand and Neighbouring Mines.—The Rand reefs, first mined in 1886, cover a large area. The main reef, continuously traced, measures about 62 m. and runs in an east and west direction. The gold is found in minute particles and in the richest ores the metal is rarely in visible quantities before treatment. In many places the main reef lies at a great depth and some bore-holes are over 5500 ft. deep. The yield of the Rand mines, in 1887 but 23,000 oz., rose in 1888 to 208,000 oz. In 1892 the yield was 1,210,000 oz.: in 1896 it exceeded 2,280,000 oz. and in 1898 was 4,295,000 oz. The war that followed prevented the proper working of the mines. In 1905 when a full supply of labour was again available the output was 4,760,000 oz., in which year the sum distributed in dividends to shareholders in the Rand mines was over £4,800,000. The total output from the Rand mines up to the end of 1908 was 56,477,240 oz. (see, and ). The Klerksdorp and Potchefstroom goldfields, known also as the Western Rand, were proclaimed in 1887 and up to the close of 1908 had yielded 446,224 oz.

b. The De Kaap (Barberton) Fields.—Gold was discovered in this district of the Drakensberg in 1875, but it was not until 1884 that the fields attracted much attention. The mines are, in general, situated on the slopes of the hills and are easily opened up by adits. The reefs are narrower than those of the Rand, and the ore is usually very hard. The output, 35,000 oz. in 1889, was 121,000 oz. in 1896, but only 43,000 oz. in 1905. The total production (including the Komati and Swaziland fields) to the end of 1908 was 1,097,685 oz.

c. The Lydenburg and other Fields.—The Lydenburg fields, reported to have been worked by the Portuguese in the 17th century, and rediscovered in 1869, though lying at an elevation of 4500 to 5000 ft. are alluvial—and the only rich alluvial goldfields in South Africa. The ground containing the gold is soil which has escaped denudation. Though several large nuggets have been found (the largest weighing 215 oz.), the total production is not great, the highest output obtained by washing being worth about £300,000 in one year. Besides the alluvial deposits a little mining is carried on, gold being present in the thin veins of quartz which cross the sandstone. The chief centres of the fields are Lydenburg, Pilgrims Rest and Spitzkop. The total output of the Lydenburg fields up to the end of 1908 is estimated at 1,200,000 oz. Farther north, in the Zoutpansberg and on its spurs are the little-worked mines generally known as the Low Country goldfields. Near Pietersburg in the Zoutpansberg is the Eersteling, the first mine worked in the Transvaal. Operations began in 1873 but in 1880 the machinery was destroyed by the Boers. It was not until 1904 that prospecting in the neighbourhood was again undertaken. The fields in the Waterberg and along the Malmani river are very small producers. The total yield to the end of 1908 of the Zoutpansberg, Low Country and other minor fields was 160,535 oz.

Diamonds.—The chief diamond fields are in the Pretoria district. The ground was discovered to be diamondiferous in 1897, but it was not until 1903, when mining began on the Premier mine, situated 20 m. north-east of Pretoria, that the wealth of the fields was proved. The site of the Premier mine had been recognized as diamond-bearing in March 1898. The owner of the land, a Boer named Prinsloo, refused to' allow experimental spade work, but after the conclusion of the Anglo-Boer War in 1902 sold his property for £55,000 to T. Cullinan (a Cape colonist and one of the chief contractors in the building of Johannesburg), whose faith in the richness of the ground was speedily justified. In June 1903 mining began and the diamonds found in the first five months realized over £90,000. On the 27th of January 1905, the largest diamond in the world, weighing 3025¾ carats, over 1½ lb avoirdupois, was found in the mine and named the Cullinan. The Premier mine is of the same character as the diamond mines at Kimberley (see ), and is considerably larger. The area of the “pipe” containing blue ground is estimated at 350,000 sq. yds.

Besides the Pretoria fields there are diamondiferous areas (alluvial diggings) in the Bloemhof district on the Vaal river north-east of Kimberley, and in other regions. In 1898 the output for the whole of the Transvaal was valued at £44,000. The output since the opening of the Premier mine has been: 1903–1904, £685,720; 1904–1905, £1,198,530; 1905–1906, £968,229; 1906–1907, £2,203,511; 1907–1908, £1,879,551; 1908–1909, £1,295,296.

Coal and other Minerals.—There are extensive beds of good coal, including thick seams of steam coal near the Rand and other goldfields. Coal appears to have been first discovered in the neighbourhood of Bronkhorst Spruit between the Wilge and Olifants rivers, where it was so near the surface that farmers dug it up for their own use. In 1887 coal was found at Boksburg in the East Rand, and a mine was at once started. The principal collieries are those

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 at Boksburg and at Brakpan, also on the East Rand, with a coal area of 2400 acres; at Vereeniging and Klerksdorp, near the Vaal; at Watervaal, 12 m. north of Pretoria; and in the Middelburg district, between Pretoria and Lourenço Marques. Like that of Natal the Transvaal coal burns with a clear flame and leaves little ash. The mines are free from gas and fire damp and none is more than 500 ft. deep. The output in 1893, the first year in which statistics are available, was 548,534 tons (of 2000 lb); in 1898 it was 1,907,808 tons, and for the year ending 30th of June 1909 was 3,312,413 tons, valued at £851,150.

Iron and copper are widely distributed. The Yzerberg near Marabastad in the Zoutpansberg consists of exceedingly rich iron ore, which has been smelted by the natives for many centuries. Silver is found in many districts, and mines near Pretoria have yielded in one year ore worth £30,000.

Salt is obtainable from the many pans in the plateaus, notably in the Zout(salt)pansberg, and was formerly manufactured in considerable quantities.

Agriculture.—Next to mining agriculture is the most important industry. At the census of 1904 over 500,000 persons (excluding young children), or 37% of the population, were returned as engaged in agriculture. Some 25% more women than men were so employed, this preponderance being due to the large number of Kaffir women and the few native men who work in the mealie fields. The chief occupation of the majority of the white farmers is stock-raising. The high veld is admirably adapted for the raising of stock, its grasses being of excellent quality and the climate good. Even better pasture is found in the low veld, but there stock suffers in summer from many endemic diseases, and in the more northerly regions is subject to the attack of the tsetse fly. The banken veld is also unsuited in summer for horses and sheep, though cattle thrive. Much of the stock is moved from the lower to the higher regions according to the season. Among the high veld farmers the breeding of merino sheep is very popular.

The amount of land under cultivation is very small in comparison with the area of the province. In 1904 only 951,802 acres, or 1·26% of the total acreage was under cultivation, and of the cultivated land nearly half was farmed by natives. The small proportion of land tilled is due to many causes, among which paucity of populations is not the least. Moreover while large areas on the high veld are suitable for the raising of crops of a very varied character, in other districts, including a great part of the low veld, arable farming is impossible or unprofitable. Many regions suffer permanently from deficient rainfall; in others, owing to the absence of irrigation works, the water supply is lost, while the burning of the grass at the end of summer, a practice adopted by many farmers, tends to impoverish the soil and render it arid. The country sulffers also from periods of excessive heat and general drought, while locusts occasionally sweep over the land, devouring every green thing. In some seasons the locusts, both red and brown, come in enormous swarms covering an area 5 m. broad and from 40 to 60 m. long. The chief method employed for their destruction is spraying the swarms with arsenic. The districts with the greatest area under cultivation are Heidelberg, Witwatersrand, Pretoria, Standerton and Krugersdorp. The chief crops grown for grain are wheat, maize (mealie) and kaffir corn, but the harvest is inadequate to meet local demands. Maize is the staple food of the Kaffirs. Since 1906 an important trade has also arisen in the raising of mealies for export by white farmers. Oats, barley and millet are largely grown for forage. Oats are cut shortly before reaching maturity, when they are known as oat-hay. The chief vegetables grown are potatoes, pumpkins, carrots, onions and tomatoes.

Fruit farming is a thriving industry, the slopes of the plateaus and the river valleys being specially adapted for this culture. At the census of 1904 over 3,032,000 fruit trees were enumerated. There were 163,000 orange trees and nearly 60,000 other citrus trees, 430,000 grape vines, 276,000 pine plants and 78,000 banana plants. Oranges are cultivated chiefly in the Rustenburg, Waterberg, Zoutpansberg and Pretoria districts, grapes in Potchefstroom, Pretoria and Marico, as well as in the Zoutpansberg and Waterberg to which northern regions the cultivation of the banana is confined. In the tropical district of the Limpopo valley there is some cultivation of the coffee-tree, and this region is also adapted for the growing of tea, sugar, cotton and rice. Tobacco is grown in every district, but chiefly in Rustenburg. Of the 3,032,000 lb of tobacco grown in 1904, Rustenburg produced 884,000 lb.

A department of agriculture was established in 1902, and through its efforts great improvements have been made in the methods of farming. To further assist agriculture a land bank was established by the government in 1907 and an agricultural college in 1910.

Land Settlement.—The land board is a government department charged with the control of Crown lands leased to settlers on easy terms for agricultural purposes. Between 1902 and 1907 about 550 families were placed on the land, their holdings aggregating over 500,000 acres. The Crown lands cover in all about 21,500,000 acres. Large areas of these lands, especially in the northern districts, are used as native reserves.

Other Industries.—There are few manufacturing undertakings other than those connected with mining, agriculture and the development of Johannesburg. There is a large factory for the supply of dynamite to the gold mines. The building and construction trade is an important industry on the Rand, where there are also brick-works, iron and brass foundries, breweries and distilleries. There are a number of flour mills and jam factories in various centres. A promising home industry, started under English auspices after the war of 1899–1902, is the weaving by women of rugs, carpets, blankets, &c., from native wool.

Export and Import Trade.—Before the discovery of gold the trade of the Transvaal was of insignificant proportions. This may be illustrated by the duties paid on imports, which in 1880 amounted to £20,306 In 1887 when the gold-mining industry was in its infancy the duty on imports had risen to £190,792, and in 1897, when the industry was fully developed, to £1,289,039. The Anglo-Boer War completely disorganized trade, but the close of the contest was marked by feverish activity and the customs receipts in 1902–1903 rose to £2,176,658. A period of depression followed, the average annual receipts for the next three years being £1,683,159. In 1908–1909 they were £1,588,960.

The chief exports are gold and diamonds. Of the total exports in 1908, valued at £33,323,000, gold was worth £29,643,000 and diamonds £1,977,000. Next in value came wool (£226,000), horses and mules (£110,000), skins, hides and horns (£106,000), tobacco (£89,000), tin, coal, copper and lead. The gold and diamonds are sent to England via Cape Town; the other exports go chiefly to Delagoa Bay. The imports, valued at £16,196,000 in 1908, include goods of every kind. Machinery, provisions, largely in the form of tinned and otherwise preserved food, and liquors, clothing, textiles and hardware, chemicals and dynamite, iron and steel work and timber, and jewelry are the chief items in the imports. Of the imports about 50% comes from Great Britain and about 20% from British colonies (including other South African states). Half the imports reach the Transvaal through the Portuguese port of Lourenço Marques, Durban taking 25% and the Cape ports the remainder. There is free trade between the Transvaal and the other British possessions in South Africa, and for external trade they all adhere to a Customs Union which, as fixed in 1906, imposes a general ad valorem duty of 15% on most goods save machinery, on which the duty is 3%. A rebate of 3% is granted on imports from Great Britain.

Constitution.—The existing constitution dates from 1910. The province is represented in the Union Parliament by eight senators and thirty-six members of the House of Assembly. For parliamentary purposes the province is divided into single-member constituencies. Every adult white male British subject is entitled to the franchise, subject to a six months’ residential qualification. There is no property qualification. All electors are eligible to the assembly. Voters are registered biennially, and every five years there is an automatic redistribution of seats on a voters’ basis.

Central Government.—At the head of the executive is a provincial administrator, appointed by the Union ministry, who holds office for five years and is assisted by an executive committee of four members elected by the provincial council. The provincial council consists of 36 members elected for the same constituencies and by the same electorate as are the members of the House of Assembly. The provincial council, which has strictly local powers, sits for a statutory period of three years. The control of elementary education was guaranteed to the provincial council for a period of five years from the establishment of the Union.

In May 1903 an inter-colonial council was established to deal with the administration of the railways in the Transvaal and Orange River Colony (known as the Central South African railways), the South African constabulary and other matters common to the Orange River and Transvaal colonies. This council was presided over by the governor of the Transvaal and formed an important part of the administrative machinery. By agreement between the two colonies the council was dissolved in 1908. In 1910 the control of the railways passed to the harbours and railway board of the Union of South Africa.

Local Government.—The unit of administration is the field cornetcy. The semi-military organization of these divisions, which existed under the South African republic, has been abolished, and field-cornets, who are nominated by the provincial government, are purely civil officials charged with the registration of voters, births and deaths, the maintenance of public roads, &c. The chief local authorities are the municipal bodies, many “municipalities” being rural areas centred round a small town. The municipal boards possess very

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 wide powers of local government. The Witwatersrand municipalities are for certain purposes combined into one authority, and representatives of these municipalities, together with representatives of the chamber of mines, compose the Rand water board. The basis of municipal qualihcation is ownership of real property of the value of £100, or the tenancy of premises of the value of £300, or annual value of £24. Neither aliens nor coloured British subjects can exercise the franchise.

Finance.—In 1883, before the Rand gold mines had been found revenue and expenditure were about £150,000; in 1887, when the mines were beginning to be developed, the receipts were £668,000 and the expenditure £721,000; in 1889 the receipts had risen to £1,577,000 and the expenditure to £1,226,000. In 1894 the receipts first exceeded two millions, the figures for that year being: revenue £2,247,000, expenditure £1,734,000. The figures for the four following years were:—

The public debt of the Boer government was £2,500,000. In 1899 war broke out and the finances of the country were disorganized. The accounts of the colony began, for normal purposes, with the year ending 30th of June 1903, and ended in June 1910 on the establishment of the Union. In May 1903 a loan of £35,000,000, guaranteed by the imperial government and secured on the general revenues of the Transvaal and Orange River colonies, was issued to the extent of £30,000,000, the balance being raised about the middle of 1904. This loan bears interest at 3% per annum, with a sinking fund of 1%, and as to the £30,000,000 was issued at par, the £5,000,000 being put up to tender and realizing an average price of, £98, 10s. 3d. The principal head in the allocation of this loan was the purchase of the railways in the two colonies at a cost of £13,520,000, while an additional £5,958,000 was devoted to the building of new lines, purchases of rolling stock, &c. The debt of the South African Republic was paid off; £542,000 went to make good the deficit on the administration for 1901–1902; the sum of £1,561,000 was paid to burghers of the Cape Colony and Natal as compensation for war losses;, £3,000,000 was devoted to land settlement schemes and £2,000,000 to public works other than railways. The railways were treated as the common property of both colonies, and to administer them and other common services the inter-colonial council was created. In addition to the charges enumerated £5,000,000 were spent out of the loan on “repatriation and compensation” of burghers who had suffered during the war. In addition to the £35,000,000 guaranteed loan of 1903–1904 two small loans for land settlement and public works. together amounting to, £254,800, were issued, and in 1907 an imperial guarantee was given for the raising of another loan, of £5,000,000, by the colonial government. The act authorizing the loan devoted £2,500,000 to the establishment of a land and agricultural bank, and £2,500,000 to railways, public works, irrigation and agricultural settlement and development. The loan was raised, as to £4,000,000, in January 1909, the average price obtained being, £96, 3s. 7d.

The chief sources of revenue are customs, mining royalties, railways, native revenue (poll tax and passes), posts and telegraphs, stamp and transfer duties, land revenue and taxes on trades and professions. A tax of 10% is levied on the annual net produce of all gold workings (proclamation of 1902) and the government takes 60% of the profits on diamond mines. In 1907 an excise duty was, for the first time, levied on beer. The principal heads of expenditure are on railways and other public works, including posts and telegraphs, justice, education, police, land settlement and agriculture generally, mines and native affairs. Since June 1910 the control of state finance passed to the Union parliament, but the Transvaal provincial council is empowered to raise revenue for provincial purposes by direct taxation and, with the consent of the Union government, to borrow money on the sole credit of the province.

In the five years 1902–1907 the average annual receipts and expenditure amounted to £4,500,000, exclusive of the sums received and expended on account of the loans mentioned. The inter-colonial council received and spent in the four years 1903–1907 over £21,500,000, including some £3,500,000 paid in from revenue by the Transvaal and Orange River colonies to make good deficits. Fully two-thirds of the revenue and expenditure of the Council was derived from and spent upon the Transvaal, so that had the accounts of the two colonies been entirely distinct the figures of the Transvaal budget for 1903–1907 would have balanced at about £8,500,000 a year. In July 1907 when the control of the finances passed into the hands of the Transvaal legislature the credit balance on the consolidated fund was £960,000. In 1908 the inter-colonial council was dissolved, but the railways continued to be administered as a joint concern by a railway board on which the governments of both colonies were represented. This board in 1910 handed over its duties to the harbour and railway board of the Union. The Transvaal revenue (apart from railway receipts) in 1908–1909 was £5,735,000, the corresponding expenditure £4,524,000. The budget figures for 1909–1910 were: revenue £5,943,000; expenditure £5,231,000. The diamond revenue yielded £235,000 and the gold profits tax £965,000. The balance handed over to the Union government was £1,015,000.

Justice.—The laws are based on Roman-Dutch law, as modified by local acts. Courts of first instance are presided over by magistrates, the whole colony being divided into sixteen magisterial wards. There is a provincial division of the Supreme Court of South Africa sitting at Pretoria (consisting of a judge president and six puisne justices) with original and appellate jurisdiction in civil and criminal matters. A local division of the Supreme Court, formerly known as the Witwatersrand high court (consisting of one or more judges of the Supreme Court) sits permanently at Johannesburg and has civil and criminal jurisdiction throughout the Rand. Circuit courts are held as occasion requires.

Police.—Pretoria and Johannesburg have their own police forces. The rest of the province is policed by the South African constabulary, a body 3700 strong, to which is also entrusted customs preventive work, fire brigade work and such like functions.

Education.—Since 1910 education other than elementary is under the control of the Union parliament. The provincial council is responsible for elementary education. At the head of the permanent staff is a director of education. School boards and district committees are formed, but their functions are almost entirely advisory. In accordance with the terms of the Education Act of 1907 of the Transvaal colony, state schools are provided for the free instruction of all white children in elementary subjects. Attendance at school between the ages of 7 and 14 is, with certain exceptions, compulsory. The medium of instruction in the lower standards is the mother tongue of the children. Above standard III. English is the medium of instruction. No religious tests are imposed on teachers and religious teaching is confined to undenominational Bible teaching. No government grants are given to private schools. (In 1906 members of the Dutch community established a “Christian National Education” organization and opened a number of denominational schools.) Secondary education is provided in the towns and high schools are maintained at Pretoria, Johannesburg and Potchefstroom. There are University colleges at Pretoria and Johannesburg. Education of the natives is chiefly in the hands of the missionaries, but the government gives grants in aid to over 100 schools for natives. At the census of 1904 the natives able to read formed less than 1% of the population. At the same census 95% of the white population over 21 were able to read and write; of the whites between the ages of 5 and 14 59 % could read and write.

State schools for white children were established by the Boer government, and in the last year (1898) before the British occupation there were 509 schools and 14,700 scholars, the education vote that year being £226,000. In 1902 the property vested in various school committees was transferred to government and control of the schools vested in a department of state. In 1909 there were 670 government elementary schools, with more than 42,000 scholars. In 1907–1908 the education vote exceeded £500,000.

Religion.—Of the total population 26.69% are Christians, and of the Christians 80% are whites. No fewer than 70% of the people, including the bulk of the natives, are officially returned as of “no religion.” Of the 336,869 Christians 69,738 were natives. Nearly half of the white community, 142,540 persons, belong to one or other of the Dutch Churches in the Transvaal, but they have only 4305 native members. Of Dutch Churches the first and chief is the Nederduitsch Hervormde Kerk, founded by the Voortrekkers and originally the state Church. The others are the Nederduitsch Gereformeerde Kerk, an offshoot of the Church of the same name at the Cape, and the Gereformeerde Kerk (the “Dopper” Church) with some 15,000 members and adherents in the Transvaal. The “Dopper” Church, an offshoot of the Separatist Reformed Church of Holland, is distinguished from the other Dutch churches in being more rigidly Calvinistic and “Biblical,” and in not using hymns. A “Scouts” Church was formed at the end of the war of 1899–1902 by burghers who had previously acted as “National Scouts” and were ostracized by the synods of their former Churches. After some years of friction “National Scouts” were however readmitted, on terms, to their former membership.

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 The Anglicans number 67,882 (including 13,033 natives), and are 19% of the European population. At the head of the community is the bishop of Pretoria. Next in numbers according to European membership among the Protestant bodies are Presbyterians, 19,821 (including 1194 natives), and Methodists 37,812 (including 20,648 natives). The Lutherans are the chief missionary body. Of a total membership of 24,175 only 5770 are European. The Protestant European community amounts altogether to 35% of the white population. The Roman Catholics number 16,453 (including 2005 natives) and form 5% of the European population, and the Hebrews 15,478 or 5.34% of the European inhabitants.

Defence.—A strong garrison of the British army is maintained in the province, the headquarters of all the imperial military forces in South Africa being at Pretoria. These forces are under the command of a lieutenant-general, who, however, acts under the supreme direction of the governor-general. The Transvaal forms a distinct district command under a major-general. A volunteer force was established in 1904, for service within the Transvaal, or wherever the interests of the country might require. The force, disciplined and organized by a permanent staff of officers and non-commissioned officers of the regular army, is about 6500 strong, and consists of a brigade of artillery, four mounted, three composite and four infantry corps, a cyclist corps, &c. There are also cadet companies some 3000 strong.

A. Foundation of the Republic.—At the beginning of the 19th century the country now known as the Transvaal was inhabited, apparently somewhat sparsely, by Bavenda and other Bantu negroes, and in the south-west by wandering Bushmen and Hottentots. About 1817 the country was invaded by the chieftain Mosilikatze and his impis, who were fleeing from the vengeance of Chaka, king of the Zulus. The inhabitants were unable to withstand the attacks of the disciplined Zulu warriors—or Matabele, as they were henceforth called—by whom large areas of central and western Transvaal were swept bare. The remnants of the Bavenda retreated north to the Waterberg and Zoutpansberg, while Mosilikatze made his chief kraal at Mosega, not far from the site of the town of Zeerust. At that time the region between the Vaal and Limpopo was scarcely known to Europeans. In 1829, however, Mosilikatze was visited at Mosega by Robert Moffat, and between that date and 1836 a few British traders and explorers visited the country and made known its principal features. Such was the situation when Boer emigrants first crossed the Vaal.

The causes which led to the exodus of large numbers of Dutch farmers from Cape Colony are discussed elsewhere (see and ). Here it is only necessary to state that the Voortrekkers were animated by an intense desire to be altogether rid of British control, and to be allowed to set up independent communities and govern the natives in such fashion as they saw fit. The first party to cross the Vaal consisted of 98 persons under the leadership of Louis Trichard and Jan van Rensburg. They left Cape Colony in 1835 and trekked to the Zoutpansberg. Here Rensburg’s party separated from the others, but were soon afterwards murdered by natives. Trichard’s party determined to examine the country between the Zoutpansberg and Delagoa Bay. Fever carried off several of their number, and it was not until 1838 that the survivors reached the coast. Eventually they proceeded by boat to Natal. Meantime, in 1836, another party of farmers under Andries Hendrik Potgieter had established their headquarters on the banks of the Vet river. Potgieter and some companions followed the trail of Trichard’s party as far as the Zoutpansberg, where they were shown gold workings by the natives and saw rings of gold made by native workmen. They also ascertained that a trade between the Kaffirs and the Portuguese at Delagoa Bay already existed. On returning to the Vet, Potgieter learned that a hunting party of Boers which had crossed the Vaal had been attacked by the Matabele, who had also killed Boer women and children. This act led to reprisals, and on the 17th of January 1837 a Boer commando surprised Mosilikatze’s encampment at Mosega. inflicting heavy loss on the Matabele without themselves losing a man. In November of the same year Mosilikatze suffered further heavy losses at the hands of the Boers, and early in 1838 he fled north beyond the Limpopo, never to return. Potgieter, after the flight of the Matabele, issued a proclamation in which he declared the country which Mosilikatze had abandoned forfeited to the emigrant farmers. After the Matabele peril had been removed, many farmers trekked across the Vaal and occupied parts of the district left derelict. Into these depopulated areas there was also a considerable immigration of Basuto, Bechuana and other Bantu tribes.

The first permanent white settlement north of the Vaal was made by a party under Potgieter’s leadership. That commandant had in March 1838 gone to Natal, and had endeavoured to avenge the massacre of Piet Retief and his comrades by the Zulus. Jealous, however, of the preference shown by the Dutch farmers in Natal to another commandant (Gert Maritz), Potgieter speedily recrossed the Drakensberg, and in November 1838 he and his followers settled by the banks of the Mooi river, founding a town named Potchefstroom in honour of Potgieter. This party instituted an elementary form of government, and in 1840 entered into a loose confederation with the Natal Boers, and also with the Boers south of the Vaal, whose headquarters were at Winburg. In 1842, however, Potgieter’s party declined to go to the help of the Natal Boers, then involved in conflict with the British. Up to 1845 Potgieter continued to exercise authority over the Boer communities on both sides of the Vaal. A determination to keep clear of the British and to obtain access to the outer world through an independent channel led Potgieter and a considerable number of the Potchefstroom and Winburg burghers in 1845 to migrate towards Delagoa Bay. Potgieter settled in the Zoutpansberg, while other farmers chose as headquarters a place on the inner slopes of the Drakensberg, where they founded a village called Andries Ohrigstad. It proved fever-ridden and was abandoned, a new village being laid out on higher ground and named Lydenburg in memory of their sufferings at the abandoned settlement.

Meantime the southern districts abandoned by Potgieter and his comrades were occupied by other Boers. These were joined in 1848 by (q.v.), who became commandant of the Potchefstroom settlers. When the British government decided to recognize the independence of the Transvaal Boers it was with Pretorius that negotiations were conducted. On the 17th of January 1852 a convention was signed at a farm near the Sand river in the Orange sovereignty by assistant commissioners nominated by the British high commissioner on the one hand, and by Pretorius and other Boers on the other. The first clause was in the following terms:—

At this time there were settled north of the Vaal about 5000 families of European extraction—about 40,000 persons, including young children. They had obtained independence, but they were far from being a united people. When Pretorius conducted the negotiations which led to the signing of the Sand River Convention he did so without consulting the volksraad, and Potgieter’s party accused him of usurping power and aiming at domination over the whole country. However, the volksraad, at a meeting held at Rustenburg on the 16th of March 1852, ratified the convention, Potgieter and Pretorius having been publicly reconciled on the morning of the same day. Both leaders were near the end of their careers; Potgieter died in March and Pretorius in July 1853.

Whatever their internal dissensions the Boers were united

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text: 1911 Encyclopædia Britannica/Jasper

title: 1911 Encyclopædia Britannica/Jasper


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 vi Stonewall Jackson—An Address by Hunter McGuire, M. D., L.L.D., Medical Director Jackson's Corps, A. N. Va., 191 At the dedication of Jackson Memorial Hall, Virginia Military Institute, and repeated before R. E. Lee Camp, No. 1, C. V., Richmond, Va., July 9th, 1897.

Account of the Wounding and Death of Stonewall Jackson, by Hunter McGuire, M. D., L.L. D., Medical Director Jackson's Corps, A. N. Va.,. . . 217 Published in the Richmond Medical Journal May, 1866.


text: Dictionary of National Biography, 1885-1900/Black, Patrick


text: Appletons' Cyclopædia of American Biography/Gray, Asa


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to all as is the name this volume bears, it is not without hesitation that the following pages are given to the world. To subject the memorials of a deeply earnest life to the eyes of a generation over-crowded with books, raises a certain amount of diffidence.

Of Caroline Herschel herself most people will plead ignorance without feeling ashamed, and yet may we not assert that Caroline Herschel is well worth knowing.

Great men and great causes have always some helper of whom the outside world knows but little. There always is, and always has been, some human being in whose life their roots have been nourished. Sometimes these helpers have been men, sometimes they have been women, who have given themselves to help and to strengthen those called upon to be leaders and workers, inspiring them with courage, keeping faith in their own idea alive, in days of darkness,

These helpers and sustainers, men or women, have all the same quality in common—absolute devotion and


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 unwavering faith in the individual or in the cause. Seeking nothing for themselves, thinking nothing of themselves, they have all an intense power of sympathy, a noble love of giving themselves for the service of others, which enables them to transfuse the force of their own personality into the object to which they dedicate their powers.

Of this noble company of unknown helpers Caroline Herschel was one.

She stood beside her brother, William Herschel, sharing his labours, helping his life. In the days when he gave up a lucrative career that he might devote himself to astronomy, it was owing to her thrift and care that he was not harassed by the rankling vexations of money matters. She had been his helper and assistant in the days when he was a leading musician; she became his helper and assistant when he gave himself up to astronomy. By sheer force of will and devoted affection, she learned enough of mathematics and of methods of calculation, which to those unlearned seem mysteries, to be able to commit to writing the results of his researches. She became his assistant in the workshop; she helped him to grind and polish his mirrors; she stood beside his telescope in the nights of mid-winter, to write down his observations, when the very ink was frozen in the bottle. She kept him alive by her care; thinking nothing of herself, she lived for him. She loved him, and believed in him, and helped him,


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 with all her heart and with all her strength. She might have become a distinguished woman on her own account, for with the "seven-foot Newtonian sweeper" given to her by her brother, she discovered eight comets first and last. But the pleasure of seeking and finding for herself was scarcely tasted. She "minded the heavens" for her brother; she worked for him, not for herself, and the unconscious self-denial with which she gave up her own pleasure in the use of her "sweeper", is not the least beautiful feature in her life. She must have been witty and amusing, to judge from her books of "Recollections." When past eighty, she wrote what she called "a little history of my life from 1772-1778" for her nephew, Sir John Herschel, the son of her brother William, that he might know something of his excellent grandparents, as well as of the immense difficulties which his father had to surmount in his life and labours. It was not to tell about herself, but of others, that she wrote them. There is not any good biography of Sir William Herschel, and the incidental revelations of him in these Recollections are valuable. They show how well he deserved the love and devotion she rendered to him. Great as were his achievements in science, and his genius, they were borne up and ennobled by the beauty and worth of his own inner life.

These memorials of his father and his aunt were


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 much valued by Sir John Herschel, and they are carefully preserved by the family along with her letters. The perusal of them is like reading of another world. The glimpses of the life of a soldier's family in Hanover at the time the Seven Years' War was going on are very touching. Both father and mother must have been remarkable persons, and the sterling quality of character developed in William and Caroline Herschel was evidently derived from them. All the family seem to have been endowed with something like touches of genius, but William and Caroline were the only two who had the strong back-bone of perseverance and high principle which made genius in them fulfil its perfect work.

Her own recollections go back to the Great Earthquake at Lisbon; she lived through the American War, the old French Revolution, the rise and fall of Napoleon, and all manner of lesser events and wars. She saw all the improvements and inventions, from the lumbering post waggon in which she made her first journey from Hanover, to the railroads and electric telegraphs which have intersected all Europe, for she lived well down into the reign of Victoria. But her work of "minding the heavens" with her brother engrossed all her thoughts, and she scarcely mentions any public event.

Her own astronomical labours were remarkable, and in her later life she met with honour and recognition


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 from learned men and learned societies; but her dominant idea was always the same—"I am nothing, I have done nothing; all I am, all I know, I owe to my brother. I am only the tool which he shaped to his use—a well-trained puppy-dog would have done as much." Every word said in her own praise seemed to be so much taken away from the honour due to her brother. She had lived so many years in companionship with a truly great man, and in the presence of the unfathomable depths of the starry heavens, that praise of herself seemed childish exaggeration.

The Letters and Recollections contained in this volume will show what she really was. She would have been very angry if she could have foreseen their publication, yet, in consideration of the great interest they possess, we hope to be justified for making known to the world such an example of self-sacrifice and perseverance under difficulties. The spelling has been modernised,—an old lady who had discovered eight comets might be allowed to spell in her own way; but it is pleasanter to read what is written in an accustomed manner. A word has been altered occasionally where the sense required it, otherwise no change has been made, and as little has been added as was possible, and only with the view of giving a slight connecting thread of narrative.

If these Recollections convey as much pleasure


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 Rh all the jewelry this army has could be carried to the Old Bay State. It would deck her out in glorious style; but, alas! it will be scattered all over the North and Middle States.

"The damned niggers, as a general thing, preferred to stay at home, particularly after they found out that we wanted only the able-bodied men, and to tell the truth, the youngest and best looking women. Sometimes we took them off by way of repaying influential secessionists. But a part of these we soon managed to lose, sometimes in crossing rivers, sometimes in other ways. I shall write you again from "Wilmington, Goldsboro, or some other place in North Carolina. The order to march has arrived, and I must close hurriedly.

"Love to grandmother and Aunt Charlotte. Take care of yourself and the children. Don't show this letter out of the family.

"Thomas J. Myers,

"Lieutenant, &c." "P.S.—I will send this by the first flag of truce, to be mailed, unless I have an opportunity of sending it to Hilton Head. Tell Lottie I am saving a pearl bracelet and earrings for her. But Lambert got the necklace and breast-pin of the same set. I am trying to trade him out of them. These were taken from the Misses Jamison, daughters of the President of the South Carolina Secession Convention. We found these on our trip through Georgia.

"T.J.M."

"This letter is addressed to Mrs. Thomas J. Myers, Boston, Mass."

It was published in the Southern Historical Society Papers, in March, 1884. About a year thereafter one Colonel Henry Stone, styling himself "Late Brevet Colonel U. S. Volunteers, A. A. G. Army of the Cumberland," realizing the gravity of the statements contained in this letter, and the disgrace these, if uncontradicted, would bring on General Sherman and his army,


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Author:Clara Elizabeth Fanning

Works

 * Travel in the United States Twenty-one Programs and Bibliography
 * Toaster's Handbook: Jokes, Stories, and Quotations
 * Toaster's Handbook: Jokes, Stories, and Quotations

title: Author:Clara Elizabeth Fanning


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 Rh But, as we have said, notwitlistanding all these things which seemingly discredit the reasons assigned by Colonel Stone for the non-genuineness of this letter, we should not have used the latter in this report, had not the substantial statements in it been confirmed, as we shall now see. The Myers' letter was first published on October 29, 1883. On the 31st of July, 1865, Captain E. J. Hale, Jr., of Fayetteville, N.C., who had been on General James H. Lane's staff, and who is vouched for by General Lane as "an elegant educated gentleman," wrote to General Lane, telling him of the destruction and devastation at his home, and in that letter he makes this statement:

"You have doubtless heard of Sherman's 'bummers.' The Yankees would have you believe that they were only the straggling pillagers usually found in all armies. Several letters written by officers of Sherman's army, intercepted near this town, give this the lie.

"In some of these letters were descriptions of the whole bumming process, and from them it appears that it was a regularly organized system, under the authority of General Sherman himself; that one-fifth of the proceeds fell to General Sherman, another fifth to the other general officers, another fifth to the line officers, and the remaining two-fifths to the enlisted men."

Now, compare this division of the spoils with that set forth in the Myers' letter, published, as we have said, eighteen years later, and it will be seen that they are almost identical, and this statement was taken, as Captain Hale states, from "several letters written by officers of Sherman's army," intercepted near Fayetteville, N.C., and as we have said, they confirm the statements of the Myers' letter, and its consequent genuineness, to a remarkable degree. It is proper, also, to state, that we have recently received a letter from Dr. Jones, in which he states that after carefully considering this whole matter again, he is now satisfied that he was mistaken in his editorial comments on Colonel Stone's letter, that he is now satisfied of the genuineness of the Myers' letter, and that


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Category:Author-CC attribution 3.0

This category groups authors whose works have been released under the Creative Commons Attribution 3.0 Unported License.

title: Category:Author-CC attribution 3.0


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Rh edge of a blade, on the crest of the loftiest mountain. On one side he saw life, and on the other he saw death; and they were like two deep seas, sparkling and beautiful, melting into each other at the horizon in a single infinite extension.

"What is this, then? What a divine spectacle!" said he slowly.

He arose involuntarily and straightened up, as if in presence of the Supreme Being. And, annihilating the walls, annihilating space and time, by the force of his all-penetrating look, he cast his eyes into the depths of the life that he had quitted.

And life took on a new aspect. He no longer tried, as of old, to translate into words what he was; moreover, in the whole range of human language, still so poor and miserly, he found no words adequate. The paltry, dirty, and evil things that suggested to him contempt and sometimes even disgust at the sight of men had completely disappeared, just as, to people rising in a balloon, the mud and filth of the narrow streets become invisible and ugliness changes into beauty.

With an unconscious movement Werner walked toward the table and leaned upon it with his right arm. Haughty and authoritarian by nature, he had never been seen in a prouder, freer, and more imperious attitude; never had his face worn such a look, never had he so lifted up his head, for at no previous time had he been as free and powerful as now, in this prison, on the eve of execution, at the threshold of death.


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12 WHICH TREATS OF THE NOTABLE ALTERCATION WHICH SANCHO PANZA HAD WITH DON QUIXOTE'S NIECE AND HOUSEKEEPER, TOGETHER WITH OTHER DROLL MATTERS.

The history relates that the outcry Don Quixote, the curate, and the barber heard came from the niece and the housekeeper exclaiming to Sancho, who was striving to force his way in to see Don Quixote while they held the door against him, "What does the vagabond want in this house? Be off to your own, brother, for it is you, and no one else, that delude my master, and lead him astray, and take him tramping about the country."

To which Sancho replied, "Devil's own housekeeper! it is I who am deluded, and led astray, and taken tramping about the country, and not thy master! He has carried me all over the world, and you are mightily mistaken. He enticed me away from home by a trick, promising me an island, which I am still waiting for."

"May evil islands choke thee, thou detestable Sancho," said the niece; "what are islands? Is it something to eat, glutton and gormandizer that thou art?"

"It is not something to eat," replied Sancho, "but something to govern and rule, and better than four cities or four judgeships at court."

"For all that," said the housekeeper, "you don't enter here, you bag of mischief and sack of knavery; go govern your house and dig your seed-patch, and give over looking for islands or shylands."

The curate and the barber listened with great amusement to the words of the three; but Don Quixote, uneasy lest Sancho should blab and blurt out a whole heap of mischievous stupidities, and touch upon points that might not be altogether to his credit, called to him and made the other two hold their tongues and let him come in. Sancho entered, and the curate and the barber took their leave of Don Quixote, of whose recovery they despaired when they saw how wedded he was to his crazy ideas, and how saturated with the nonsense of his unlucky


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74 In his illuminated eyes men wore a new aspect, an unknown beauty and charm. He hovered above time, and never had this humanity, which only the night before was howling like a wild beast in the forests, appeared to him so young. What had heretofore seemed to him terrible, unpardonable, and base became suddenly touching and naïve, just as we cherish in the child the awkwardness of its behaviour, the incoherent stammerings in which its unconscious genius glimmers, its laughable errors and blunders, its cruel bruises.

"My dear friends!"

Werner smiled suddenly, and his attitude lost its haughty and imposing force. Again he became the prisoner suffering in his narrow cell, weary of seeing a curious eye steadily fixed upon him through the door. He sat down, but not in his usual stiff position, and looked at the walls and the gratings with a weak and gentle smile such as his face had never worn. And something happened which had never happened to him before: he wept.

"My dear comrades!" he whispered, shedding bitter tears. "My dear comrades!"

What mysterious path had he followed to pass from a feeling of unlimited and haughty liberty to this passionate and moving pity? He did not know. Did he really pity his comrades, or did his tears hide something more passionate, something really greater? His heart, which had suddenly revived and reblossomed, could not tell him. Werner wept, and whispered:

"My dear comrades! My dear comrades!"


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Rh And in this man who wept, and who smiled through his tears, no one—not the judges, or his comrades, or himself—would have recognized the cold and haughty Werner, skeptical and insolent.


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Rh chivalry; and said the curate to the barber, "You will see, gossip, that when we are least thinking of it, our gentleman will be off once more for another flight."

"I have no doubt of it," returned the barber; "but I do not wonder so much at the madness of the knight as at the simplicity of the squire, who has such a firm belief in all that about the island, that I suppose all the exposures that could be imagined would not get it out of his head."

"God help them," said the curate; "and let us be on the look-out to see what comes of all these absurdities of the said knight and squire, for it seems as if they had both been cast in the same mould, and the madness of the master without the simplicity of the man would not be worth a farthing."

"That is true," said the barber, "and I should like very much to know what the pair are talking about at this moment."

"I promise you," said the curate, "the niece or the housekeeper will tell us by-and-by, for they are not the ones to forget to listen."

Meanwhile Don Quixote shut himself up in his room with Sancho, and when they were alone he said to him, "It grieves me greatly, Sancho, that thou shouldst have said, and sayest, that I took thee out of thy cottage, when thou knowest I did not remain in my house. We sallied forth together, we took the road together, we wandered abroad together; we have had the same fortune and the same luck; if they blanketed thee once, they belabored me a hundred times, and that is the only advantage I have of thee."

"That was only reasonable," replied Sancho, "for, by what your worship says, misfortunes belong more properly to knights-errant than to their squires."

"Thou art mistaken, Sancho," said Don Quixote, "according to the maxim quando caput dolet, etc."

"I don't understand any language but my own," said Sancho.

"I mean to say," said Don Quixote, "that when the head suffers all the members suffer; and so, being thy lord and master, I am thy head, and thou a part of me as thou art my servant; and therefore any evil that affects or shall affect me should give thee pain, and what affects thee give pain to me."

"It should be so," said Sancho; "but when I was


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76

getting into the vehicles, all five of the condemned were gathered in a large cold room with an arched ceiling, resembling an abandoned office or an unused reception-room. They were permitted to talk with each other.

Only Tanya Kovalchuk took immediate advantage of the permission. The others pressed in silence hands as cold as ice or as hot as fire; dumb, trying to avoid each other's gaze, they formed a confused and distracted group. Now that they were reunited, they seemed to be ashamed of what they had felt individually in the solitude. They were afraid to look at each other, afraid to show the new, special, somewhat embarrassing thing that they felt or suspected in each other.

Nevertheless, they did look, and, after a smile or two, all found themselves at ease, as before; no change revealed itself, or, if something had happened, all had taken an equal share in it, so that nothing special was noticeable in any one of them. All talked and moved in a queer and jerky fashion, impulsively, either too slowly or too quickly. Sometimes one of them quickly repeated the same words, or else failed to finish a phrase that he had begun or thought


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14 blanketed as a member, my head was on the other side of the wall, looking on while I was flying through the air, and did not feel any pain whatever; and if the members are obliged to feel the suffering of the head, it should be obliged to feel their sufferings."

"Dost thou mean to say now, Sancho," said Don Quixote, "that I did not suffer when they were blanketing thee? If thou dost, thou must not say so or think so, for I felt more pain then in spirit than thou didst in body. But let us put that aside for the present, for we shall have opportunities enough for considering and settling the point; tell me, Sancho my friend, what do they say about me in the village here? What do the common people think of me? What do the hidalgos? What do the caballeros? What do they say of my valor; of my achievements; of my courtesy? How do they treat the task I have undertaken in reviving and restoring to the world the now forgotten order of chivalry? In short, Sancho, I would have thee tell me all that has come to thine ears on this subject; and thou art to tell me, without adding anything to the good or taking away anything from the bad; for it is the duty of loyal vassals to tell the truth to their lords just as it is and in its proper shape, not allowing flattery to add to it or any idle deference to lessen it. And I would have thee know, Sancho, that if the naked truth, undisguised by flattery, came to the ears of princes, times would be different, and other ages would be reckoned iron ages more than ours, which I hold to be the golden of these latter days. Profit by this advice, Sancho, and report to me clearly and faithfully the truth of what thou knowest touching what I have demanded of thee."

"That I will do with all my heart, master," replied Sancho, "provided your worship will not be vexed at what I say, as you wish me to say it out in all its nakedness, without putting any more clothes on it than it came to my knowledge in."

"I will not be vexed at all," returned Don Quixote; "thou mayest speak freely, Sancho, and without any beating about the bush."

"Well then," said he, "first of all, I have to tell you that the common people consider your worship a mighty great madman, and me no less a fool. The hidalgos say that, not keeping within the bounds of your quality of gentleman, you have


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PART from his genius, Robert Burns is the most prominent figure of his time in the history of the ballad and song literature of Scotland. The extent, variety, and accuracy of his knowledge in this particular walk is the more remarkable when it is considered that few facilities existed in his day for the study of the subject; and these were, moreover, so fragmentary and loosely connected as to be almost valueless. In fact, the literature of Scottish song can scarcely be said to have made a beginning till after the second decade of the eighteenth century, when Allan Ramsay gave an impetus to the native lyric, which, continued through the Jacobite period, reached its culmination in the era of Burns, and can scarcely be said to have yet expended itself. The ancient Scots "Makaris" eschewed the lyric as unworthy of their muse; and at a later period the clergy set their faces steadfastly to destroy the indigenous growth of song by the substitution of "gude and godlie ballates," which, whatever may be thought of them otherwise, served the good end of preserving the old titles and measures. Cropped at the surface, the national poesy struck its roots into the subsoil and became a wilding of bye-paths and shady places, of vigorous growth, rank, and luxuriant. There Burns found it; tended, pruned, engrafted, and transplanted it; till, from the corrupting

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(　vi　) stock of ribaldry, obscenity, and licentiousness, he feasted the world with the fruits of Hesperides. He employed no labourer; he did the navvy work himself. Small wonder is it, then, that the skirts of his mantle shew some traces of the scavenger work which was the self-imposed task of his life. On this point, Robert Chambers, in his Life and Works of the Poet, out of the fulness and ripeness of his knowledge, writes:—

"'With a strange contradiction to the grave and religious character of the Scottish people, they possessed a wonderful quantity of indecorous traditionary verse, not of an inflammatory character, but simply expressive of a profound sense of the ludicrous in connection with the sexual affections. Such things, usually kept from public view, oozed out in merry companies such as Burns loved to frequent. Men laughed at them for the moment, and in the sober daylight of next morning had forgotten them. When our poet was particularly struck by any free-spoken ditty of the old school he would scribble it down and transfer it to a commonplace book. In time, what he thus collected he was led to imitate, apparently for no other object than that of amusing his merry companions in their moments of conviviality. … I am, nevertheless, convinced that his conduct originated mainly in nothing worse than his strong sense of the ludicrous. Of this, I venture to say, there could be no doubt entertained by the public if it were allowable to bring the proper evidence into Court. It is also to be admitted that, to heighten the effect, he was too apt to bring in a dash of levity respecting Scriptural characters and incidents—a kind of bad taste, however, for which an example was set to him in the common conversation of his countrymen; for certain it is that the piety of the old Scottish people did not exclude a very considerable share of what may be called an unconscious profanity.'"

In boyhood and early youth, we are told, he consumed with eager mind-hunger everything that partook of the complexion of his genius, and when the slender stores at his command were exhausted he betook himself to the volume of traditionary lore written on the memories of the men and women around him; chronicling with faithful pen all their uncouth utterances—eliminating, restoring, amending—till the crooked

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272 account, almost led to the discovery of the whole thing. Shortly after this, I fell ill with an inflammation of my shoulder-joint, from which I recovered after three months. During this illness I received subcutaneous injections of morphine several times daily, which were suddenly discontinued, and which I practiced thereafter secretly after my recovery. For the purpose of special study, I spent some months in Vienna, before entering into private practice, and there, by means of some recommendations, I gained entrance to various circles of people like myself. I there learned that the abnormality in question, in its various forms, is spread through the lower classes as well as the higher, and that those who are approachable for money are not infrequently met among the higher classes.

“When I established myself in the country, I hoped to cure myself of the morphine habit by means of cocaine; and then I became a victim of cocaine, which, only after three relapses, I was able to rid myself of (about two years ago). In my position, it was impossible for me to find sexual satisfaction, and I noticed with pleasure that the use of cocaine had overcome my desire. When, on the first occasion, at the urgent request of my aunt, I had emancipated myself from cocaine, I traveled for a few weeks, in order to improve my health, the perverse impulses were again awakened in their old strength, and, one evening, while out in the fields by the city amusing myself with a man, I noticed that I had been detected by the authorities and advertised; but that the act of which I was accused was not punishable, in accordance with the opinion expressed by the highest court of the German kingdom. I had, therefore, to be careful; for already the announcement of the crime had been heralded on all sides. I saw that, after this, I would be compelled to leave Germany, and find a new home where neither the law nor public opinion would be opposed to that impulse, which, like all abnormal instincts, could not be overcome by the will. Since I was never deceived for a moment about the matter, in recognizing my impulses as opposed to social usages, I repeatedly attempted to become master of them; but by these efforts they were increased in power. This same observation has been communicated to me by acquaintances. Since I was exclusively drawn toward strong, youthful, and masculine individuals, and they were very seldom inclined to yield to my wishes, I was compelled to buy them. Since my desire was limited to persons of the lower classes, I was always able to find such as were purchasable with money. I hope that the following statements will not awaken your repugnance. At first I intended to omit them; but, for the completeness of this communication, I may include them, since they serve to enrich the clinical material. I am compelled to perform the sexual act in the following way:—

“Pene juvenis in os recepto, ita ut commovendo ore meo effecerim, ut is quem cupio, semen ejaculaverit, sperma in perinæum exspuo, femora comprimi jubeo et penem meum adversus et intra femora compressa


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Rh immitto. Dum hæc fiunt, necesse est, ut juvenis me, quantum potest, amplectatur. Quæ prius me fecisse narravi, eandem mihi afferunt voluptatem, acsi ipse ejaculo. Ejaculationem pene in anum immittendo vel manu terendo assequi, mihi nequaquam amœnum est.

“Sed inveni, qui penem meum receperint atque ea facientes, quæ supra exposui, effecerint, ut libidines meæ plane sint saturatæ.

“Concerning my person, I must still mention the following: I am 186 centimetres tall, of masculine appearance, and, with the exception of abnormal irritability of the skin, healthy. My hair and beard are black and thick. My genitals are of medium size and normally formed. I am able, without any trace of fatigue, to perform the sexual act from four to six times in twenty-four hours. My life is very regular. I use alcohol and tobacco very sparingly. I play the piano quite well, and some of my unpretentious compositions have been much applauded. I have lately finished a novel, which, as my first work, has been very favorably criticised by my friends. The story has several problems taken from the life of urnings in the subject-matter.

“Among the large number of fellow-sufferers that are personally known to me, I have naturally been in a position to make observations concerning the condition and the degrees of abnormality; and, perhaps, the following communications may be of service to you:—

“The most abnormal thing that I am acquainted with, was the impulse of a gentleman who lived in Berlin. He preferred, above all others, young fellows with unwashed feet, which he would lick passionately. A gentleman in Leipzig was similar to him; who, where it was possible, would linguam in anum immittere, preferring the parts to be uncleaned. Several have assured me that the sight of riding-boots or of parts of military uniforms, induced such excitement in them that ejaculation resulted. A man in Paris compelled a friend ut in os ei mingat.

“With reference to the degree in which many feel themselves as women, which is with me not the case, two persons in Vienna are examples. They bore feminine names. One is a barber who calls himself ‘French Laura’; the other was formerly a butcher, who calls himself ‘Selcher-Fanny.’ Both of them never missed an opportunity, during the carnival time, to show themselves in very fantastic feminine masks. In Hamburg there is a person that many people believe to be a woman, because he always goes about the house in feminine attire, and only occasionally leaves the house, and always in such clothing. This man wished to stand as godmother at a christening; and, as a result of it, gave rise to great scandal.

“Feminine timidity, frivolity, obstinacy, and weakness of character, are the rule in such individuals.

“Several cases of perverse sexuality are known to me where epilepsy and psychoses are present. Hernias are remarkably frequent. In practice many persons come to me to be treated for diseases of the anus,


text: Dictionary of National Biography, 1885-1900/Cubitt, William (1785-1861)


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(　vii　) was made straight and the rough places plain. Every one conversant with Burns's literary methods well knows that the discovery of a ballad or song in his autograph is no conclusive proof, per se, that he is the author of it. He was continually noting down every echo of the elder Scottish Muse that was carried to his ear, and "high-kilted was she," indeed, if her presentment everywhere is anything like an approximate portrait. All was fish that came into the net, to be preserved as suggestions for Johnson and Thomson in the private manuscript referred to, of which more anon. Copies of the more amusing "Cloaciniads," however, were dispatched forthwith (yet not without the precaution of privacy) to the jesters of the Crochallan Club, or hastily jotted down for future reference on odd scraps of paper, as the old version of "Bonie Dundee" on the reverse of the Earl of Buchan's letter in the Poet's Monument, Edinburgh, exemplifies; and these confidences, we do not hesitate to say, in not a few instances, have been since used in a way that is as disgraceful as it is dishonourable to all concerned. Nor can the dictum of any editor, however able and erudite, be accepted as final, unless some more satisfactory evidence is produced than the assumed Burns flavour of the ballad or song itself. Yet, in face of these considerations, many pieces—and these mostly of the objectionable sort—have passed into currency as compositions of Burns, whose claims to that distinction rest solely on evidence of the flimsy character indicated. Even such a strong presumption of authenticity as unchallenged publication during the Poet's lifetime is

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(　viii　) open to grave suspicion, seeing that he himself thus writes to Thomson in November, 1794:—

"'I myself have lately seen a couple of ballads sung through the streets of Dumfries with my name at the head of them as the author though it was the first time I had ever seen them.'"

Thomson himself (Sept., 1793,) falls into the error of supposing that the free-spoken ditty, "The other night with all her charms," was an original production, for he wrote upon the margin the words, " Unpublishable surely," though the truth is that Burns quoted it from the D'Urfey collection. A more mischievous sort of evidence is that which is based on the contents of certain old publications, upon which the flight of time has conferred that arbitrary authority usually associated in the popular mind with "gude black prent." It is one of these whose contents and title-page we have reproduced, and which may be said to embrace the whole subject, that we propose to examine in the light of the information we have been enabled to collect. A short time before Burns's introduction to Edinburgh society, William Smellie, Lord Newton, Charles Hay, and a few more wits of the Parliament House, had founded a convivial club called "The Crochallan Fencibles" (a mock allusion to the Buonaparte Volunteer movement), which met in a tavern kept by a genial old Highlandman named "Daunie Douglas," whose favourite song, "Cro Chalien," suggested the dual designation of the Club. Smellie introduced Burns as a member in January, 1787. Cleghorn also appears to have been on the muster-roll of this rollicking regiment, which supplies a key to much of Burns's correspondence with him. How the revelry of the boon companions was stimulated and diversified may be easily imagined.

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(　ix　) At the outset, it may be interesting to enquire as to the sources of Burns's ballad lore apart from oral tradition. With the works of Fergusson and Ramsay he was specially familiar, and his writings also testify that the English poets and dramatists were not unknown to him, but these must be adjudged indifferent aids in his researches. D'Urfey's Pills to Purge Melancholy was published in 1719; Ramsay's Tea-Table Miscellany in 1724; and William Thomson's Orpheus Caledonius about the same date. Previous to these, however, the Watson Collection was in circulation, having been published in 1709. Of the last-named work. Burns says that it was "the first of its nature which has been published in our own native Scots dialect." A Collection of Loyal Songs, Poems, &c., is referred to by Stenhouse as having been published in 1750, and the following year Yair's Charmer was issued. The Blackbird, edited by William Hunter, appeared in 1764; Bishop Percy's Reliques, 16051765 [sic], the Dublin Collection in 1769; and Herd's Scottish Songs, Heroic Ballads, &c. (referred to by Burns as Wotherspoon's Collection), in 1776. Nearer the close of Burns's career we find Pinkerton's Collection in 1786; Lawrie and Symington's Collection in 1791; Ritson's in 1794; and Dale's, which Robert Chambers assigns to a period anterior to Burns without mentioning the exact date. In this list, which does not pretend to be either accurate or complete, we have disregarded such collections as Oswald's (1740), and MacGibbon's (1762), for the reason that they deal less with the poetical than the musical side of the subject. It is perhaps too

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N the rude State of human Government, while personal Strength and Courage were chiefly held in Esteem, as Qualities most conducive to Honour and Security, Men yielded with Reluctance to the Obligation of Civil Institutions, which were calculated to abridge and restrain their natural Rights and Prerogatives.

During this early Dawn of Legislation, the unpolished Genius of the People, is visible even in the Construction of their Laws, which are, most of them, hastily drawn up without Order and without Precision.

The antient Statutes of this Kingdom, afford abundant Examples of such Irregularity and Inaccuracy; being, most of them, formed without any settled Precedent; and seeming, in particular Instances, rather to be Provisions extorted by some predominant Influence, than Laws instituted by the concurring Assent of a regular Legislature.

Some Degree of Order, however, beamed forth under the Reign of Edward I, many Laws of that Time being penned with a Brevity and Perspicuity, which might do Honour to more enlightened Days. But still the greater Part of the Statutes even of that Reign, and of those immediately succeeding, are not only vague and unsettled in Point of Form, but are sometimes defective in Substance. In many, there are no Words expressing by what Authority they were promulgated; and in those wherein the enacting Authority is declared, it is variously described. In some Instances, the Laws seem to issue from the King alone; several Acts running in the Form of Charters and Patents. In others, they seem to proceed from the King and Lords jointly, without the concurring Assent of the Commons.

It is observable likewise, that Offences are sometimes loosely and ambiguously described; and, in many Statutes, no certain Penalty is inflicted on the Offender; whereby the Courts of Justice were not only entrusted with a Latitude of Construction respecting the Offence, but with a dangerous discretionary Power of punishing the Delinquent; which afforded room for Partiality and Oppression.

The Laws of those Times were likewise extremely defective with regard to civil Proceedings, whereby, in many Instances, the Courts of Judicature were left open to Temptations, and exposed to Menaces: And, even in the Decline of the feudal Policy, they were easily corrupted or overawed by the Influence of the Crown, or of some potent Baron. The


text:
Author:William Thomson (d. 1753)

Works

 * Orpheus Caledonius: or, A collection of Scots songs

title: Author:William Thomson (d. 1753)


text:
Author:Allan Ramsay

Publications

 * Chrysts-Kirke on the Greene (1716)
 * Scots Songs (1719)
 * Poems (1720)
 * Fables and Tales (1722)
 * Tale of Three Bonnets (1722)
 * The Fair Assembly (1723)
 * Health (1724)
 * Tea-Table Miscellany (1724-27), in 3 vols.
 * The Ever Green: Being a Collection of Scots Poems, Wrote by the Ingenious before 1600 (1724–7), in 2 vols.
 * The Gentle Shepherd (1725)
 * The Monk and Miller's Wife (1808)

Individual poems and songs

 * "Auld Lang Syne"
 * "Bonnie Chirsty"
 * "The Soger Laddie"
 * "Somebody"
 * "There's my thumb" (Betty, early gone a Maying)
 * "There's my thumb" (My sweetest May, let love incline thee)

Works about Ramsay

 * Allan Ramsay (1896), by William Henry Oliphant Smeaton
 * Allan Ramsay (1896), by William Henry Oliphant Smeaton
 * Allan Ramsay (1896), by William Henry Oliphant Smeaton

title: Author:Allan Ramsay


text:
Author:Thomas Blacklock

Works

 * "Absence"
 * "Beneath a green shade"
 * "The Wedding Day"

title: Author:Thomas Blacklock


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vi The Inconveniencies arising from such an imperfect System, wherein Power too often took place of Right, must, in those Days, have been frequently and fatally experienced, more especially by the Commoners, or inferior Orders, of the State. Their Experience of these Inconveniencies, taught them to prize the superior Advantages of civil Institutions; and as they, by Degrees, were enabled to assert their Independance, and to obtain that Share in the Administration of Government, to which they are by Nature intitled, we find that the Legislature applied their Attention to the framing of Laws with greater Precision and Uniformity, in order more effectually to ascertain the Bounds of Justice, and compel lawless Force to submit to the Civil Tribunal.,

As Industry, however, could make but flow Advances against the overbearing Weight of lordly Power, the Commons were not, for a long Time, in a Condition to procure the express Acknowledgment, much less to maintain the regular Exercise, of their undoubted Rights: And the frequent Struggles among the several Orders of the Constitution were, in Part perhaps, the Occasion of the vague and unsettled Frame of our Statute Law, which, as different Interests predominated, underwent succeisive Alterations, both in Form and Substance.

These Instances of Disorder and Irregularity, among other Circumstances, have given rife to various Objections against the Validity of several early Acts, printed in former Collections, and continued in this. Should these Objections ever prevail, many antient Statutes must be rejected as utterly invalid; and, to establish their Authority, is perhaps one of the principal Ends to which an Editor should direct his Attention. I shall therefore endeavour, in the first Place, to obviate these Objections; which will lead me briefly to explain the Method in which our antient Acts of Parliament were passed. I shall then offer some Observations on our Statute Law in general: And lastly, shall present the Reader with the Plan of the present Edition.

It is affirmed in several Books, that, if a Record mention only that the King enacts, and the Lords assent, without naming the Commons, that the Omission cannot be supplied by any Intendment: And upon this Principle, the 8 Hen. VI. c. 29. hath, as Serjeant Hawkins observes, been questioned by Dyer, and its Authority denied in 1 Inst. and the 8th Report Were this Principle, however, which, as applied to the early Statutes, seems ill grounded, to be admitted for the present, yet its Force would not invalidate the Authority of the Act in Question.

It is observable, that, in the old Statutes, there was, for the most Part, a general Preface, or, as some call it, Prologue, to the several Articles or Chapters enacted in


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Rh he had already spoken. But nothing of all this did they notice. All blinkingly examined the familiar objects without recognizing them, like people who have suddenly taken off their glasses. They often turned around quickly, as if someone were calling them from the rear. But they did not notice this. The cheeks and ears of Musya and Tanya were burning. At first Sergey was a little pale; he soon recovered, and appeared as usual.

Vasily alone attracted attention. Even in such a group he was extraordinary and dreadful. Werner was moved, and said in a low voice to Musya, with deep anxiety:

"What is the matter with him, Musya? Is it possible that he has . . .? Really, we must speak to him."

Vasily looked at Werner from a distance, as if he had not recognized him; then he lowered his eyes.

"But, Vasily, what is the matter with your hair? What is the matter with you? It is nothing, brother, it will soon be over! We must control ourselves! We really must!"

Vasily did not break the silence. But, when they had already concluded that he would say absolutely nothing, there came a hollow, tardy, terribly distant reply, such as the grave might give up after a long appeal:

"But there is nothing the matter with me. I am in control of myself!"

He repeated:

"I am in control of myself!"

Werner was delighted.

"Good, good! You are a brave fellow! All is well!"

But, when his eyes met the dark and heavy gaze of


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xxvi several in the Appendix to this Edition, not taken Notice of by his Lordship, or to the Editor's Knowlege, by any other Person whatever; of which sme contain Matter of great Use, as well as Curioisity.

It now remains to say something with regard to the Translation. It has been observed by Mr. Serjeant Hawkins, that the old Translation hath obtained a kind of prescriptive Authority : And, he adds, that it is easy for the Reader to correct the Mistakes in it, by the Help of the Original. But, with Deference to the Serjeant's Sentiment in this Respect, it must be observed, that the Translation is intended for the Benefit of those who are not qualified to resort to the Original; therefore the Editor hath ventured to correct such Mistakes as were most obvious in the old Translation, and hath endeavoured throughout to make it more conformable to the Original. In the early Statutes, the Errors of the Version are exceedingly nu- merous, more particularly in the Statute de Officio Coronatoris. In many others likewise, the Reader will perceive frequent, and very material Mistakes. Nevertheless, as it might justly be deemed Presumption to alter the old Translation, which, by long Use, hath acquired a kind of prescriptive Authority, it hath been Judged proper to leave the Text, as it stands in former Editions, and to insert the proposed Amendment in the Margin, whereby the learned Reader will be able to determine for himself, and may either adopt or reject the Marginal Alteration., as his better Judgment shall direct him.

The Editor hath observed the same Method throughout ; having every where left the Text, as it is printed in the last Edition, and inserted in the Margin such Alterations and Additions as he hath thought proper to make, which are distinguishied by an Italick Type. He rather chose to adopt this Plan, that the Errors and Inaccuracies, which may have escaped from his Pen, may be more open to Detection. The Reader, therefore, is apprized, that, for every Word printed in Italicks, the present Editor stands accountable.

OWEN RUFFHEAD. A TABLE


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Rh excepting the first concerning the Judges Oath, though not to be found on the Parliament Rolls of the respective Kings, are yet to be seen at large on the Statute Rolls. of these Years: And indeed they are all, except the Judges Oath, printed in Mr. Cay Edition, ''Ex Rot. in Turr. Lond''. Concerning the Judges Oath, Prynne remarks farther, that it was not printed in but before the Parliament: And from several subsequent Statutes, which take Notice of this Oath, he presumes, not without Reason, that it was of Record, though not now to be found.

As to the Acts mentioned by Lord Hale, his Lordship saith, with his usual Candour and Caution, that they are not of Record, that he knows of: And, from the Note underneath, the Reader will perceive, that the learned Judge had good Reason to speak with Diffidence. Nevertheless, as his Lordship and others have observed, it is no Impeachment of the Validity of an antient Statute, that it cannot to be found upon Record: And it has been held, that nul tiel Record cannot be pleaded to the Allegation of any such Statute: For an Act of Parliament made within Time of Memory, loseth not its Force, because not extant on Record: Since, of general Acts of Parliament, the Courts of Common Law are bound to take notice without pleading of them; and such Acts shall never be put to be tried by the. Record, upon an Issue of nul tiel Record, but they shall be tried by the Court, who are to use, for their Information, antient Copies, Transcripts, Books, Pleadings, and Memorials: For, if the Authority of a public Statute, could not be maintained without the Original Record, it would be in the Power of any one, who could destroy such Record, in Effect to repeal the Statute itself. Therefore suceh Defects are salved by traditional and universal Reception.

As there are some Statutes however in Print, which are not to be found upon Record, so there are several upon Record, which have never yet been printed. Lord Coke has enumerated many of this Kind, but the Reader will meet with Vol. I.


text:
Author:David Herd

Works

 * Scottish Songs, Heroic Ballads

title: Author:David Herd


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(　x　) much to say that Burns was conversant with the whole of these publications, but that he perused the pages of the more important of them is beyond a doubt. In the Thomson letter (Nov., 1794,) already quoted from, Burns acknowledges receipt of Ritson's work, and goes on to say:—

"'Despairing of my own powers to give you variety enough in English songs, I have been turning over old collections to pick out songs of which the measure is something similar to what I want; and with a little alteration, so as to suit the rhythm of the air exactly, to give you them for your work. … You may think meanly of this one ('Dainty Davie'), but take a look of the bombast original and you will be surprised that I have made so much of it.'"

A thoroughly satisfactory examination demands that the annotator should have before him the contents at least of these old collections. But, in the absence of reprints, those of more remote date are so extremely scarce as almost to preclude the possibility of such a method of treatment. We are, therefore, left no choice but to utilise the material at our disposal as best we may, for the purpose of demonstrating that the association of Burns's name, either as author or editor, with the ribald volumes entitled "The Merry Muses," is not only an unwarranted mendacity, but one of the grossest outrages ever perpetrated on the memory of a man of genius.

Chief amongst the assailants on the personal side of Burns is George Gilfillan, who ought to have been the last to gird at the frailties of human nature. His mental idiosyncrasies and impulsive aberrations were frequently the cause of keenest regret to his best friends. He was dogmatic and overbearing to the last degree, impatient of the opinions of others, pertinaciously obstinate in holding to first conclusions in face of the

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(　xxxi　)

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78 Vasily, he felt a momentary anguish, asking himself: "But whence does he look? whence does he speak?" In a tone of deep tenderness, he said:

"Vasily, do you hear? I love you much!"

"And I too, I love you much!" replied a tongue that moved painfully.

Suddenly Musya seized Werner by the arm, and, expressing her astonishment forcibly, like an actress on the stage, she said:

"Werner, what is the matter with you? You said: 'I love you'? You never said that to anyone before. And why is your face so sparkling and your voice so tender? What is it? What is it?"

And Werner, also in the manner of an actor dwelling upon his words, answered, as he pressed the young girl's hand:

"Yes, I love, now! Do not tell the others. I am ashamed of it, but I love my brothers passionately!"

Their eyes met and burst into flame: everything about them became extinct, just as all other lights pale in the fugitive flash of the lightning.

"Yes!" said Musya. "Yes, Werner!"

"Yes!" he answered. "Yes, Musya, yes!"

They had understood something and ratified it forever. With sparkling eyes and quick steps, Werner moved on again in the direction of Sergey.

"Sergey!"

But it was Tonya Kovalchuk that answered. Full of


text: The Merry Muses of Caledonia

title: The Merry Muses of Caledonia


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(　38　) ANNA.

—"The dearest o' the Quorum."

Yestre'en I had a pint o' wine, A place where body saw na, Yestre'en lay on this breast o' mine, The gowden locks o' Anna. The hungry Jew in wilderness, Rejoicing o'er his manna, Was naething to my hiney bliss. Upon the lips of Anna.

Ye Monarchs, take the East and West, Frae Indus to Savannah; Gi'e me within my straining grasp, The melting form o' Anna. Then I'll despise imperial charms, An Empress or Sultana, While dying raptures in her arms I give and take wi' Anna.

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XXIV With regard to the Order of Time in which the Acts are printed, the Editor hath adhered to the Plan of former Editions, though perhaps, in many Instances, the Years of the King's Reigns are not rightly stiled. The Statute de Conspiratoribus, for Example, is printed not only in Serjeant Hawkins's, and Mr. Cay's but in all the old Editions, as the 31 Ed.1. Nevertheless it hath been said, by great Authorities, to have been made in the 21st. Many Statutes likewise passed in a Sessions which began one Year, and continued to another, are stiled Acts of both Years, which in Strictness perhaps should have been stiled Acts of the first Year only. All Statutes refer to the first Day of the Session, unless it is otherwise provided by the Act. Upon this Principle, it hath been held by the Court, with respect to the 22 and 23 Car. II. c. 20. that the printed Statute is false, and that it was an Act of the 22d Car. II. For though the Session extended into both Years, yet it commenced the 24th October, 22d Car. II. consequently was an Act of that Year. The Editor, however, has rather chosen to adhere to the stile which has been so long in Use, that it may be deemed communis error, than take upon himself the Charge of rectifying such Inaccuracies.

In a Collection of this Extent and Importance, an enlarged, perspicuous and correct Table, is one of the most essential Requisites, therefore the Editor proposes to make a new Table or Index, alphabetically arranged. In this Table, which will be annexed to the End of the VIIIth Volume, many general Heads, omitted in former Editions, will be supplied : Many particular Articles likewise will be added, which are not taken Notice of, under the general Heads inserted in prior Editions ; and Endeavours will be used to arrange the whole with such Order and Perspicuity, that the Reader may be enabled to find all the Laws at one View, on whatever Subject he may have Occasion to turn his Attention.

Here it may not be improper to take Notice, that many Statutes printed in former Editions, and continued in this, have been held, by Writers of great Name, not to be of Record. Of these, the Reader will find a long List in Coke 's 4 Inst. c. 1. Lord Hale's Hist. of the Common Law, and the Table to Cotton's Abridgment. Most of them however have, by the Diligence of later Inquirers, been found to be upon Record.

With respect to those mentioned by Lord Coke, Prynne observes, that all of them, excepting


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Rh Chain of Acts under his Eyre, the Reader may perceive how the Remedy operated, and how it was counteracted, by which Means he will be better able to judge of the full End and Scope of the Legislature, with respect to the Subject of his Inquiry. It has been thought proper likewise to insert at length, in its proper Order, the Act. of the 13 Eliz. for making the River Lee navigable; as also the 12 Geo. II. for improving its Navigation, a great deal of Property being secured and governed by those Acts.

In this Volume nevertheless, the Reader will observe, that, of some antient Statutes, which are printed at length in the last Edition, the present Editor hath inserted the Titles only, referring to the Appendix or additional Volume, where the Statute will be given at large. As the Acts thus referred to, contain Matter mostly of Curiosity, which can be of Service only to the learned Researchers into Antiquity, it was judged proper to reserve them for the Appendix, in order to relieve those who read solely with a View to Information in the practical Part of the Profession, from the Incumbrance of antiquated Materials, totally useless with relation to their Pursuits. Such therefore may, either take or leave the additional Volume, as their Inclination shall direct them.

Concerning the Statutes in general which are repealed, obsolete, or expired, they will be carefully distinguifhed by particular Marks; several obsolete Terms likewise will be explained: And as many repealed and obfolete Acts, as hath been observed, contain Matter of curious Information, and frequently serve to explain and illustrate obscure and difficult Passages in History; therefore all such as appear most useful in these Respects, will be printed in the Appendix; except they are in their Nature connected with some material Head of Inquiry, such as the Act of Cestui que use, 1 R. III. c. 1. and others above mentioned, in which Case, they will be inserted in their proper Order of Time.

With respect to the Turnpike Acts, the Plan pursued in former Editions will be followed in this. With regard to the Land-tax Acts, a different Method will be observed: For, in former Editions, even of the first Act of this Kind, the Title only is printed, though it governs the subsequent Acts, and though Assessments are made from it. But in the present Edition, the first Act will be given at large, and of the subsequent Statutes of the same Kind, Abstracts only will be made; except where any Clause occurs, which varieth in Substance from the prior Acts: In which Case, such Clause will be inserted at length. The same Plan will be pursued with respect to the Malt-Tax, and other annual, Acts. Rh