text:
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Rh XXI

its bending stalk a bonny flower

In a yeoman's home-close grew;

It had gathered beauty from sunshine and shower,

From moonlight and silent dew,

Till the tufted leaves of the garden bower

Like a star it sparkled through.

It was a little budding rose,

Round like a fairy globe,

And shyly did its leaves unclose

Hid in their mossy robe,

But sweet was the slight and spicy smell

It breathed from its heart invisible.

Keenly his flower the yeoman guarded,

He watched it grow both day and night;

From the frost, from the wind, from the storm he warded

That flush of roseate light,

And ever it glistened bonnilie

Under the shade of the old roof-tree.

The morning sunshine had called him forth,

His garden was full of dew,

And green light slept on the happy earth,

And the sky was calm and blue.

The yeoman looked for his lovely flower;

There were leaves, but no buds, in the sheltering bower.


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260 The rose was borne to another land,

And grew in another bed;

It was cultured by another hand,

And it sprung and flourishèd;

And fair it budded day by day

Beneath a new sun's cheering ray.

But long lies the dew on its crimson leaves,

It almost looks like tears;

The flower for the yeoman's home-close grieves

Amid a King's parterres.

Little moss-rose, cease to weep,

Let regret and sorrow sleep.

The rose is blasted, withered, blighted,

Its root has felt a worm,

And like a heart beloved and slighted,

Failed, faded, shrunk its form.

Bud of beauty, bonnie flower,

I stole thee from thy natal bower.

I was the worm that withered thee,

Thy tears of dew all fell for me;

Leaf and stalk and rose are gone,

Exile earth they died upon.

Yes, that last breath of balmy scent

With alien breezes sadly blent.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Executive Order 1715

Mr. John J. Farrell may be appointed a letter carrier in the Brooklyn, N. Y., post office without reference to the civil-service rules.

. ,
 * February 25, 1913.

title: Executive Order 1715


text: Talk:Executive Order 1715

title: Talk:Executive Order 1715


text:
Executive Order 1722

Mr. Charles A. Gibson may be appointed to an appropriate position in the Bureau of Plant Industry of the Department of Agriculture without reference to the provisions of the civil-service rules.

. ,
 * February 26, 1913.

title: Executive Order 1722


text: Talk:Executive Order 1722

title: Talk:Executive Order 1722


text:
Page:The complete poems of Emily Bronte.djvu/317

Rh XXII

like myself lone, wholly lone,

It sees the day's long sunshine glow;

And like myself it makes its moan

In unexhausted woe.

Give we the hills our equal prayer,

Earth's breezy hills and heaven's blue sea;

I ask for nothing further here

But my own heart and liberty.

Ah! could my hand unlock its chain,

How gladly would I with it soar;

And ne'er regret and ne'er complain

To see its shining eyes no more.

But let me think, that if to-day

It pines in cold captivity,

To-morrow both shall soar away,

Eternally, entirely free.

Methinks this heart should rest awhile,

So stilly round the evening falls;

The veiled sun shone no parting smile,

Nor mirth, nor music wakes my halls.

I have sat lonely all the day,

Watching the drizzly mist descend,

And first conceal the hills in grey,

And then along the valleys wend.


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262 And I have sat and watched the trees,

And the sad flowers, how drear they blew;

Those flowers were formed to feel the breeze

Wave their light heads in summer's glow.

Yet their lives passed in gloomy woe,

And hopeless comes its dark decline,

And I lament because I know

That cold departure pictures mine.


text:
Executive Order 1721

Mr. Matthew A. Henson may be appointed to any suitable position in the classified service without compliance with the civil-service rules.

. ,
 * February 26, 1913.

title: Executive Order 1721


text: Talk:Executive Order 1721

title: Talk:Executive Order 1721


text:
Executive Order 1720

Mr. Ralph Hoagland may be reinstated to the position of laboratory inspector in the Bureau of Animal Industry, Department of Agriculture, without regard to the length of time he has been separated from the service.

. ,
 * February 26, 1913.

title: Executive Order 1720


text: Talk:Executive Order 1720

title: Talk:Executive Order 1720


text:
Executive Order 1723

Mr. Frank P. Caviezel may be reinstated as special employee in the Internal Revenue Service without reference to the period of his separation from the service.

. ,
 * February 27, 1913.

title: Executive Order 1723


text: Talk:Executive Order 1723

title: Talk:Executive Order 1723


text:
Executive Order 1724

Mr. Seward Charles may be appointed a structural engineer draftsman in the Office of the Supervising Architect in the Treasury Department without regard to his standing on the eligible register of the Civil Service Commission for said position.

. ,
 * February 27, 1913.

title: Executive Order 1724


text: Talk:Executive Order 1724

title: Talk:Executive Order 1724


text:
Executive Order 1726

Aaron Burnett, now a laborer in the Treasury Department, may be transferred to any subclerical classified grade in that department without compliance with civil-service rules.

. ,
 * February 28, 1913.

title: Executive Order 1726


text: Talk:Executive Order 1726

title: Talk:Executive Order 1726


text:
Executive Order 1727

Mr. William F. Smith, now assistant chief messenger, unclassified, in the office of the Secretary of the Treasury, may be transferred to the classified executive civil service without compliance with the civil-service rules.

. ,
 * February 28, 1913.

title: Executive Order 1727


text: Talk:Executive Order 1727

title: Talk:Executive Order 1727


text:
Executive Order 1725

Alexander J. Stormont, clerk to the Secretary of War, may be transferred to a clerkship in the competitive classified service, without examination.

. ,
 * February 28, 1913.

title: Executive Order 1725


text: Talk:Executive Order 1725

title: Talk:Executive Order 1725


text:
Executive Order 1729

Louise F. Bradley may be appointed charwoman in the State, War, and Navy Department Building without reference to her standing on the unskilled laborer register.

. ,
 * March 3, 1913.

title: Executive Order 1729


text: Talk:Executive Order 1729

title: Talk:Executive Order 1729


text:
Executive Order 1740

Mrs. Catherine Branan may be appointed a charwoman in the Treasury Department without reference to the civil-service rules.

. ,
 * March 3, 1913.

title: Executive Order 1740


text: Talk:Executive Order 1740

title: Talk:Executive Order 1740


text:
Executive Order 1735

Thomas Butler of the District of Columbia may be appointed without examination to the position of laborer in the classified civil service.

. ,
 * March 3, 1913.

title: Executive Order 1735


text: Talk:Executive Order 1735

title: Talk:Executive Order 1735


text:
Executive Order 1730

Col. Heber M. Creel of North Dakota may be appointed a supervisor of Indian schools without regard to the civil-service rules.

. ,
 * March 3, 1913.

title: Executive Order 1730


text: Talk:Executive Order 1730

title: Talk:Executive Order 1730


text:
Executive Order 1739

Mr. H. Norman Fleming may be reinstated as a clerk in the Pension Office without regard to the civil-service rule fixing one year as the period of eligibility.

. ,
 * March 3, 1913.

title: Executive Order 1739


text: Talk:Executive Order 1739

title: Talk:Executive Order 1739


text:
Executive Order 1736

Joab P. Foster may be reinstated as a veterinary inspector in the Department of Agriculture.

. ,
 * March 3, 1913.

title: Executive Order 1736


text: Talk:Executive Order 1736

title: Talk:Executive Order 1736


text:
Executive Order 1731

Mrs. Katharine T. Gerald may be appointed to a classified position in the Bureau of Pensions without examination.

. ,
 * March 3, 1913.

title: Executive Order 1731


text: Talk:Executive Order 1731

title: Talk:Executive Order 1731


text:
Executive Order 1732

Miss Alice E. Gibbs may be appointed to a classified position in the Government service without compliance with the civil-service rules.

. ,
 * March 3, 1913.

title: Executive Order 1732


text: Talk:Executive Order 1732

title: Talk:Executive Order 1732


text:
Executive Order 1741

Mr. Edward Hawkins may be appointed a laborer in the Department of Agriculture without reference to the civil-service rules.

. ,
 * March 3, 1913.

title: Executive Order 1741


text: Talk:Executive Order 1741

title: Talk:Executive Order 1741


text:
Executive Order 1737

Mr. Fred Roege may be reinstated as assistant postmaster in the post office at Pensacola, Fla., without regard to the length of time that he has been separated from the service.

. ,
 * March 3, 1913.

title: Executive Order 1737


text: Talk:Executive Order 1737

title: Talk:Executive Order 1737


text:
Executive Order 1738

Mr. Charles H. Shaw, now employed in the Customs Service at the port of New York, may be appointed to a classified position in the New York customs service without reference to the civil-service rules.

. ,
 * March 3, 1913.

title: Executive Order 1738


text: Talk:Executive Order 1738

title: Talk:Executive Order 1738


text:
Executive Order 1734

Mr. Jesse L. Suter may be appointed to a clerical position in the classified service without reference to the civil-service rules.

. ,
 * March 3, 1913.

title: Executive Order 1734


text: Talk:Executive Order 1734

title: Talk:Executive Order 1734


text: Atlantis: The Antediluvian World/Part 1/Chapter 4


text:
The New International Encyclopædia/Civil Action

CIVIL ACTION (Lat. civilis, from civis, citizen). Any judicial proceeding involving a controversy between individuals in regard to their private matters, distinguished from proceedings where public interests are concerned, as in a criminal prosecution. Civil actions include the procedure in a court of chancery or equity, and also those cases in which the State submits to an action by an individual. See


text:
The New International Encyclopædia/Civil Administration

CIVIL ADMINISTRATION. In the most general sense, equivalent to public administration — the conduct of the affairs of the State, or Government, or of any subordinate division thereof. In a more restricted sense, the term is frequently employed to describe the management of the municipal or non-military concerns of the State; and sometimes, more narrowly, as referring to the executive and judicial departments of the Government, as distinguished from the legislative. See ; and compare .

The principles and the methods of civil administration vary greatly, from the simplicity and flexibility of patriarchal government or other personal autocracy, to the rigidity of a modern bureaucratic system, like that of France and Russia, and the complexity of a highly developed political system, like that of Great Britain and the United States. There is a general similarity among modern civilized States in the organization and working of the central administration. The great departments of State — those having to do with foreign affairs, with the army and navy, with the collection and disbursement of national revenue, with commerce and industry, and with the post-office — present no great diversity, either in functions or in organization. The chiefs of these departments are ministers of State, the principal and authorized advisers of the Executive, or, as in Great Britain, constitute the real Executive. (See .) Usually these chiefs are political and therefore temporary officers, who may come and go without greatly modifying the organization and methods of their departments. Their influence is great while it lasts, but is short-lived: the permanent policy of the administration, as well as its methods and personnel, being for the most part determined by permanent officials of great experience, known as under-secretaries, assistant secretaries, bureau chiefs, etc. As these

officials are the persons who really conduct the work of administration, so they are, in everything but the political sense of the term, responsible for the proper conduct of the affairs of their respective departments, and, being so, they are usually unfettered in the choice of their subordinates.

In other matters, however, especially in those of purely domestic concern — as the administration of justice; the maintenance of the public peace; the supervision and control of religion, of morals, and of public education; the levying and collection of taxes, direct and indirect; the conduct of elections, and the ‘internal affairs’ generally of the community — there is as great diversity in the organization and methods of administration as there is in the political character and ideals of the several States. In those countries in which the feudal and monarchical tradition is strongest, whatever the form of the government may be, not only is the civil administration most highly centralized, but it is much further-reaching, more searching and obtrusive than in those countries which have more completely emancipated themselves from that tradition. This is as true of republican France as of monarchical Germany and autocratic Russia. In the free governments, on the other hand — as in the United States, Great Britain, and her self-governing colonies — not only is the administration decentralized, and left, as largely as possible, in the hands of local self-governing groups, but the general administration is rigidly confined to matters of general or national concern, and is not permitted to trench upon the local concerns of the subordinate political groups of the State. In these countries, accordingly, such matters as the building and repair of roads and bridges, and the maintenance of an adequate constabulary or police force, are dealt with by the borough, parish, town, or city, and not by the State; while, in the United States, even the matter of public education, which is conceded to be an affair of State, and is usually governed by State statutes, is, for the most part, turned over to the locality concerned — the city or school district — for administration.

While in no modern civilized State is the administration wholly centralized, or, on the other hand, wholly decentralized, the two systems are, in their principles and methods, if not in their actual embodiment in practice, so sharply discriminated as to call for a few words of comparison. Doubtless a centralized administration is capable of a much higher degree of efficiency than is attainable under the other system. For matters of great moment, requiring time for their maturing, and, when ripe, calling for prompt and decisive action, it is indispensable. No govenment would think of employing any other system in its military and international affairs. Then, too, it achieves a certain uniformity and regularity of action, and thus tends to strengthen the established government by giving its administration an impersonal effect of permanence and solidity. On the other hand, these very qualities of regularity and uniformity of action tend to harden into the inflexibility and routine of bureaucratic system, which, being lifted above public opinion and free from any effective criticism, crystallizes its abuses in the form of hallowed customs, and lends itself too easily to oppression.

The virtues of the system of decentralization are political rather than administrative. It is only under this system that a free government has free play for its varied activities and experiments. And, though its potential efficiency is not to be compared with that of the system of centralization, it has much to recommend it from the purely administrative point of view. While not adapted to the regulation of international relations, or the carrying out of far-reaching measures of policy, its responsiveness to public opinion makes it an efficient agency for supervising and controlling the far more numerous and important private and local interests of the community. Being local and familiar, it is vigilant and sympathetic; and though some of the affairs committed to it may be badly administered, it is probable that the sum-total of its achievement is greater than that of a centralized administration, with its limited knowledge and its indifference to criticism.

The character of the public administration — whether efficient or inefficient, economical or wasteful, pure or corrupt — depends fundamentally on the conception of the proper aim and purpose of government which prevails. Extravagance and corruption, and, with them, the inefficiency they engender, flourish under any government, whether popular or autocratic in form, which is maintained for the benefit of the ruler, whether that be a king, an aristocracy, or a political party. And, on the other hand, the honest acceptance of the principle that government is instituted for the benefit of the governed tends to produce clean and efficient administration, whatever the external form of the State. It is doubtless to the persistence of the feudal conception of the State that we owe the long era of corrupt and, upon the whole, inefficient administration of public affairs which has marked the history of modern States. So long as the executive head of the State is at once the supreme land-owner and the lord paramount, from whom all honor and protection are derived, so long will the offices of administration be regarded as his perquisites, and the treasure derived from taxation of the people be expended for the gratification of his ambitions and those of his favorites. He may, of his favor, or for his own purposes, grant a certain measure of efficient administration; but the extravagance and corruption which are inseparable from that system will destroy the efficiency of the government as well.

The profound modification of the theory of government effected by the democratic movement of the eighteenth and nineteenth centuries, in substituting the welfare of the people at large for that of the governing classes as the end and aim of government, has brought about a corresponding revolution in its administration. This change became apparent in England upon the accession of William of Orange to the throne in 1688, and in France a hundred years later, in the Revolution; but owing to the development of party government in the former country, and the excesses to which that system led, it did not become effective there until the middle of the last century. It is true that more than one administrative reform had been accomplished in Great Britain — as in the provision of Magna Charta, requiring all justices, constables, sheriffs, and bailiffs to have knowledge of the laws

of the realm; the statute of Edward VI. (1552) forbidding the sale of offices (except the higher judicial offices); and the extraordinary law enacted in the twelfth year of Richard II. (1388), declaring that “none shall obtain office by suit, or for reward, but upon desert;” yet as late as the period of the American Revolution the ‘spoils system’ of the distribution of public office as the reward of party service flourished unchecked. In the United States that vicious system did not come into existence until the administration of President Jackson, and it is only now giving place to the system prefigured in the statute of Richard II., above referred to. (See more recent development of party government in France has lately fastened the spoils system on the administration of that country; but, upon the whole, in Europe as well as in America, civil administration has been enormously improved, in purity and economy as well as in efficiency, during the last hundred years; while in England and many of the English colonies, and in considerable portions of the administrative system of the United States, it has completely emancipated itself from the taint of corruption and extravagance. (See .) For a comparison of administrative systems and methods of controlling officers of administration, see Goodnow, Comparative Administrative Law (2 vols., New York, 1893). Consult, also, Eaton, Civil Service in Great Britain (New York, 1880).
 * .) The


text:
Author:George Washington Kirchwey

Works

 * With James Wilford Garner.
 * With James Wilford Garner.
 * With James Wilford Garner.

title: Author:George Washington Kirchwey


text:
The New International Encyclopædia/Civil Church Law, American

CIVIL CHURCH LAW,. The body of law which defines the ecclesiastical function of the State, and maintains the civil status of the religious bodies within the United States. The status of the American churches is without a parallel in Christendom, in that in no other State do all organizations for the purposes of religion bear exactly the same legal relation to the civil authority. This body of law has been developing during the life of the American people as a nation, and has become one of the fundamental principles of their political philosophy. It is to be found (1) in provisions of the Federal and State constitutions; (2) in statute legislation; (3) in the decisions of the State and Federal courts, which now include about one thousand leading cases in these matters.

. Although there is within the United States no church or churches by law established, yet the American State has an ecclesiastical function to perform. Formulated in its briefest terms, this ecclesiastical function is to cause it to be legally possible and also convenient for all residents, whether citizens, subjects, or aliens within the jurisdiction of the American governments, to sustain voluntary ecclesiastical relations. In other States, it is regarded as a proper function of the civil power to provide for definite ecclesiastical relations; and the aggregate of those relations so specifically provided for is regarded as constituting an ecclesiastical establishment. In either case, the civil power has an ecclesiastical function; but the difference in the two concepts is this, that the development of the individual's sphere of speech and action has in the American State completely included the sphere of speech and action for all purposes of religion, and has correspondingly altered the

of the ecclesiastical function of the State, which, however, is none the less real because of such alteration. Such a function of the Government is no mere philosophical abstraction, but is a working institution, which has been in successful operation for more than a century. It has been carried wherever there has been an expansion of American sovereignty, and has been made to meet new conditions among new peoples, and has been so applied as to maintain its principles intact, and has everywhere produced substantially the same civil status for the churches.

. Like other successful procedures, the separation of Church and State, and the equal status of churches, were not planned in detail and put into operation, but developed gradually under the force of public opinion. At the outbreak of the American Revolution, the Colonies were divided ecclesiastically into three groups. In one group, consisting of New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, the direct establishment of the communion of the Church of England was more or less complete in law. In the second group of Colonies, consisting of Massachusetts, New Hampshire, and Connecticut, the Congregational form of ecclesiastical organization, on the basis of the town and ‘poll’ parish, was established in law and in fact. In the third group of Colonies, consisting of Rhode Island and Pennsylvania, no ecclesiastical establishments had been developed, either in law or in fact. As a result of political revolution, the direct establishments by royal authority were nullified in law. The indirect establishments in the New England Commonwealths, built upon provincial legislation and local administration, remained undisturbed for some years. There remained, as survivals of the direct establishments, a number of incorporated parishes in New York and Virginia, and a few in other States; and, as remains of a still earlier establishment in New York, there were three or four incorporated Reformed Dutch churches that had received special protection by the Treaty of Breda, transferring the Province of New Netherlands to the British in 1667. During the Colonial Period, religious dissent had, with more or less vigor, resisted the legal Church establishments, and especially the system of compulsory taxation for the support of the clergy; and the overthrow of British sovereignty brought its opportunity. A demand developed very generally, even in the New England Commonwealths, but with stronger political backing in other sections, for a complete divorcement of political and Church affairs. There is evidence that the conditions were such that the politicians could not disregard this demand. At the formation of the Federal Government, religious liberty was secured to the people of the United States, so far as the action of the Congress was concerned, by the provisions of Chapter III., Article 4, of the Constitution, and the First Amendment. Both of these provisions were limitations upon the powers of Congress only; and neither the original Constitution nor any of the early amendments undertook to protect the religious liberties of the people against the action of their respective State governments. Religious affairs were included within the sphere of domestic relations, and were so left to the States to deal with.

There were then inserted in the early constitutions of the several States the guarantees of religious liberty generally in the forms that we are familiar with. The development of the local peculiarities in the ecclesiastical institutions of the several States and sections of the country continued without interruption. The Colonial legislatures had granted a few charters of incorporation to local churches, and this practice was continued for some years by the State legislatures. It was, however, abandoned in time, because of the objection made by the political minorities, that the granting of such particular charters was special legislation, secured by political influence. At this period the American churches were beginning to revive from the exhaustion caused by the war, and were becoming the legal and equitable owners of property. Legal means for securing property to pious and charitable uses were sorely needed. Hence, a demand arose in several of the Middle States for a uniform procedure by which the local organizations of all religious bodies could secure a corporate form, with full control of their property. To meet this demand there were enacted a series of general statutes, beginning with that of New York, of April 6, 1784. An act of similar intent and of like provisions was passed, in 1793, by the State of New Jersey; and these two statutes became the models for similar laws in many of the Northern States, The provisions of these statutes were very meagre. No reference was made to particular ecclesiastical politics, except in the case of the Protestant Episcopal churches. The powers conferred upon the religious corporations so created were very limited, and nowhere were such corporations allowed to be self-perpetuating. Partiality to certain religious bodies was dreaded, and there was a very real fear that something might be done toward recreating an ecclesiastical establishment. The prevailing policy in legislation during the period extending through the third decade of the nineteenth century was based upon the idea that the civil power should treat all organizations alike, by doing as little as possible for any of them. The method of providing for the incorporation of religious societies by general statute has developed unequally in different sections of the country. As late as the year 1866, the States of Rhode Island, Virginia, and South Carolina had no such statute; and thirty years later, in 1896, a general statute of incorporation was still forbidden in the States of Virginia and West Virginia.

The third stage in the development of American civil Church law has been the result of specializing legislation in two directions. One form has been the discrimination between religious organizations proper and other social, educational, and philanthropic organizations. The second form of specialization has consisted in supplementing the general provisions of the statutes with optional provisions for corporations of particular denominations and polities. Through these supplemental provisions, there has been wrought into the statute law the recognition of purely ecclesiastical functionaries; and this is done most effectively by the creation of ecclesiastical corporations sole. There has developed a marked legislative cordiality toward the churches. At the beginning of the twentieth century, the policy is to treat all interests alike,

by giving to each all that is asked. The early concept of religious organization in American law was naturally that of a simple and completely autonomous local society. To denominations whose type of polity corresponds to this concept, the legislation of the general statute era was satisfactory. The special optional provisions have, therefore, been enacted as a rule for the benefit of churches having polities by which the local bodies sustain definite relations to some more general authority, such as synodical and episcopal churches. At the present time, twenty-five distinct denominations have been thus specially legislated for. American religious corporations are not ecclesiastical corporations in the sense of the English law, but are merely private corporations not for profit. The constituent elements of these corporations vary all the way from the total number of church members to the corporation sole: as, for example, a presiding elder, bishop, or archbishop.

In the course of the adjudication of the many causes that have arisen from ecclesiastical matters, the civil courts have developed the following as the basic principles of American civil Church law: (1) All ecclesiastical relations are voluntary, both in their inception and continuation. (2) The freedom of action for the purposes of religion is guaranteed to every one by the organic law, and is limited by the same law by the civil rights of others, and by all that is necessary for the purpose and good order of the State and for the protection of public morals. (3) No civil right can, in the eyes of the law, be impaired by an ecclesiastical relation. (4) The law of the land is a part of the law of the churches. (5) No law of the churches, when it is found to be in conflict with the law of the land, has any validity. (6) The civil courts are open for the adjudication of ecclesiastical causes when civil rights are involved. (7) The civil courts, when they assume jurisdiction of a cause, will accept the decisions of ecclesiastical tribunals, if such tribunals act according to the Church law, and do not exceed their jurisdiction. (8) The authority of the civil courts over all religious organizations is secured by the same means as in the ease of private persons and secular organizations: judgments, decrees, and the issue of the writs of mandamus, information in the nature of quo warranto, prohibition, and injunction. (9) The principles of the law of charitable uses and of trusts, as modified by statute, are applied to property devoted to the purposes of religion. (10) The American clergyman, from the standpoint of the law, is a voluntary member of the association to which he belongs. The station is not forced upon him; he seeks it. He accepts it with all its consequences, and with all the rules and laws and canons then subsisting or to be made by competent authority. Such laws cannot, in any event, endanger his life or liberty, impair any of his personal rights, deprive him of property acquired under the laws, or interfere with the free exercise and enjoyment of religious profession and worship; for these are protected by the constitutions and laws.

The results of American civil Church law may be summed up in the language of the Supreme Court of the United States, in the case of Watson vs. Jones, 13 Wall. U. S., 639, as follows:

“In this country, the full and free right to entertain any religious belief, to practice any religious principle, and to teach any religious doctrine, which does not violate the laws of morality and property, and which does not infringe personal rights, is conceded to all. The law knows no heresy, is committed to the support of no dogma, the establishment of no sect.” It is these principles of civil Church law that are to govern in all the relations of the civil power and the churches beyond the confines of the United States — in the insular possessions of the Hawaiian Islands, Porto Rico, and the Philippines.


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Page:The complete poems of Emily Bronte.djvu/320

264 XXIV

her tresses backward strayed

Look golden in the gleam,

But her wan lips and sunken cheek

And full eyes eloquently speak

Of sorrows gathering near,

Till those dark orbs o'erflowing fast

Are shadowed by her hand at last

To hide the streaming tear.

Oh! say not that her vivid dreams

Are but the shattered glass

Which but because more broken gleams

Move brightly in the grass.

Her spirit is the unfathomed lake

Whose face the sudden tempests break

To one tormented roar;

But as the wild winds sink in peace

All those disturbèd waves decrease

Till each far-down reflection is

As lifelike as before.

She thought when that confession crossed

Upon her dying mind,

'Twas sense and soul and memory lost,

Though feeling burned behind.

But that bright heaven has touched a chord

And that wide west has waked a word


text:
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 high table, and was served on silver plate, and sumptuously entertained noblemen, ambassadors and strangers of quality. When abbots dined in their own private hall, the rule of St Benedict charged them to invite their monks to their table, provided there was room, on which occasions the guests were to abstain from quarrels, slanderous talk and idle gossiping.

The ordinary attire of the abbot was according to rule to be the same as that of the monks. But by the 10th century the rule was commonly set aside, and we find frequent complaints of abbots dressing in silk, and adopting sumptuous attire. They sometimes even laid aside the monastic habit altogether, and assumed a secular dress. This was a necessary consequence of their following the chase, which was quite usual, and indeed at that time only natural. With the increase of wealth and power, abbots had lost much of their special religious character, and become great lords, chiefly distinguished from lay lords by celibacy. Thus we hear of abbots going out to sport, with their men carrying bows and arrows; keeping horses, dogs and huntsmen; and special mention is made of an abbot of Leicester, c. 1360, who was the most skilled of all the nobility in hare-hunting. In magnificence of equipage and retinue the abbots vied with the first nobles of the realm. They rode on mules with gilded bridles, rich saddles and housings, carrying hawks on their wrist, followed by an immense train of attendants. The bells of the churches were rung as they passed. They associated on equal terms with laymen of the highest distinction, and shared all their pleasures and pursuits. This rank and power was, however, often used most beneficially. For instance, we read of Whiting, the last abbot of Glastonbury, judicially murdered by Henry VIII., that his house was a kind of well-ordered court, where as many as 300 sons of noblemen and gentlemen, who had been sent to him for virtuous education, had been brought up, besides others of a meaner rank, whom he fitted for the universities. His table, attendance and officers were an honour to the nation. He would entertain as many as 500 persons of rank at one time, besides relieving the poor of the vicinity twice a week. He had his country houses and fisheries, and when he travelled to attend parliament his retinue amounted to upwards of 100 persons. The abbots of Cluny and Vendôme were, by virtue of their office, cardinals of the Roman church.

In process of time the title abbot was improperly transferred to clerics who had no connexion with the monastic system, as to the principal of a body of parochial clergy; and under the Carolingians to the chief chaplain of the king, Abbas Curiae, or military chaplain of the emperor, Abbas Castrensis. It even came to be adopted by purely secular officials. Thus the chief magistrate of the republic at Genoa was called Abbas Populi. Du Cange, in his glossary, also gives us Abbas Campanilis, Clocherii, Palatii, Scholaris, &c.

Lay abbots (M. Lat. defensores, abbacomites, abbates laici, abbates milites, abbates saeculares or irreligiosi, abbatiarii, or sometimes simply abbates) were the outcome of the growth of the feudal system from the 8th century onwards. The practice of commendation, by which—to meet a contemporary emergency—the revenues of the community were handed over to a lay lord, in return for his protection, early suggested to the emperors and kings the expedient of rewarding their warriors with rich abbeys held in commendam. During the Carolingian epoch the custom grew up of granting these as regular heritable fiefs or benefices, and by the 10th century, before the great Cluniac reform, the system was firmly established. Even the abbey of St Denis was held in commendam by Hugh Capet. The example of the kings was followed by the feudal nobles, sometimes by making a temporary concession permanent, sometimes without any form of commendation whatever. In England the abuse was rife in the 8th century, as may be gathered from the acts of the council of Cloveshoe. These lay abbacies were not merely a question of overlordship, but implied the concentration in lay hands of all the rights, immunities and jurisdiction of the foundations, i.e. the more or less complete secularization of spiritual institutions. The lay abbot took his recognized rank in the feudal hierarchy, and was free to dispose of his fief as in the case of any other. The enfeoffment of abbeys differed in form and degree. Sometimes the monks were directly subject to the lay abbot; sometimes he appointed a substitute to perform the spiritual functions, known usually as dean (decanus), but also as abbot (abbas legitimus, monasticus, regularis). When the great reform of the 11th century had put an end to the direct jurisdiction of the lay abbots, the honorary title of abbot continued to be held by certain of the great feudal families, as late as the 13th century and later, the actual head of the community retaining that of dean. The connexion of the lesser lay abbots with the abbeys, especially in the south of France, lasted longer; and certain feudal families retained the title of abbés chevaliers (abbates milites) for centuries, together with certain rights over the abbey lands or revenues. The abuse was not confined to the West. John, patriarch of Antioch, at the beginning of the 12th century, informs us that in his time most monasteries had been handed over to laymen, beneficiarii, for life, or for part of their lives, by the emperors.

In conventual cathedrals, where the bishop occupied the place of the abbot, the functions usually devolving on the superior of the monastery were performed by a prior.

The title abbé (Ital. abbate), as commonly used in the Catholic church on the European continent, is the equivalent of the English “Father,” being loosely applied to all who have received the tonsure. This use of the title is said to have originated in the right conceded to the king of France, by the concordat between Pope Leo X. and Francis I. (1516), to appoint abbés commendataires to most of the abbeys in France. The expectation of obtaining these sinecures drew young men towards the church in considerable numbers, and the class of abbés so formed—abbés de cour they were sometimes called, and sometimes (ironically) abbés de sainte espérance, abbés of St Hope—came to hold a recognized position. The connexion many of them had with the church was of the slenderest kind, consisting mainly in adopting the name of abbé, after a remarkably moderate course of theological study, practising celibacy and wearing a distinctive dress—a short dark-violet coat with narrow collar. Being men of presumed learning and undoubted leisure, many of the class found admission to the houses of the French nobility as tutors or advisers. Nearly every great family had its abbé. The class did not survive the Revolution; but the courtesy title of abbé, having long lost all connexion in people’s minds with any special ecclesiastical function, remained as a convenient general term applicable to any clergyman.

In the German Evangelical church the title of abbot (Abt) is sometimes bestowed, like abbé, as an honorary distinction, and sometimes survives to designate the heads of monasteries converted at the Reformation into collegiate foundations. Of these the most noteworthy is the abbey of Lokkum in Hanover, founded as a Cistercian house in 1163 by Count Wilbrand of Hallermund, and reformed in 1593. The abbot of Lokkum, who still carries a pastoral staff, takes precedence of all the clergy of Hanover, and is ex officio a member of the consistory of the kingdom. The governing body of the abbey consists of abbot, prior and the “convent” of canons (Stiftsherren).

ABBOTSFORD, formerly the residence of Sir Walter Scott, situated on the S. bank of the Tweed, about 3 m. W. of Melrose, Roxburghshire, Scotland, and nearly 1 m. from Abbotsford Ferry station on the North British railway, connecting Selkirk and Galashiels. The nucleus of the estate was a small farm of 100 acres, called Cartleyhole, nicknamed Clarty (i.e. muddy) Hole, and bought by Scott on the lapse of his lease (1811) of the neighbouring house of Ashestiel. It was added to from time to time, the last and principal acquisition being that of Toftfield

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The New International Encyclopædia/Civil-Damage Acts

CIVIL-DAMAGE ACTS. Statutes which have been passed in many of the United States, giving to those who sustain an actual injury by or through any intoxicated person, as a result of the intoxication, a right of action against the person who sold or gave away the liquor which caused the intoxication. In some States, this liability has been extended to the owner of the premises where the liquor was dispensed; and it is immaterial whether the liquor business is lawful in the particular jurisdiction or not. These statutes include injuries to person or property of any one, and loss of support, by wife or child, of a drunkard. Exemplary or punitive damages are allowed in some cases, but actual injury must also be proved. Where one in any way helps to bring about the intoxication, he cannot recover.

These statutes have been held constitutional, being within the ‘police power’ of the States under which the liquor traffic is regulated. See .


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Rh Can still the spirit's storm;

Till all the griefs that brought her here,

Each gushing with a bitterer tear,

Round her returning sight appear

In more tremendous form.

In glimpses of a spirit shore

The strength of eyesight to restore

Which coming death denied;

That while the world was lost to her

Her soul might rove a wanderer

Through visional wonders wide.

And strange it is how oft in death,

When reason leaves the brain,

What sudden power the fancy hath

To seize the falling rein.

It cannot hold a firm control,

But it can guide the parting soul,

Half leading and half led,

Through dreams where startling imagery

Hide with their feigned reality

The tossed and fevered bed.

It seems as to the bleeding heart

With dying torments riven

A quickened life in every part

By fancy's force was given.

And all these dim, disjointed dreams

Wherewith the failing memory beams


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266 Are but the bright reflection

Flashed upward from the scattered glass

Of mirror broken on the grass,

Which shapeless figures on each piece

Reveals without connection.

And is her mirror broke at last

Who motionless is laid. ..


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The New International Encyclopædia/Civil Death

CIVIL DEATH (Lat. mors civilis). The status of a living person who is deprived by law of his legal and civil rights.

The term is of feudal origin, and was introduced into the English law after the Norman Conquest. At that time civil death was one of the consequences of treason, banishment from the realm, abjuration of the realm (by which a criminal escaped other punishment by leaving the country forever), felony, and the act of entering upon a monastic life as a monk or nun; and in all of these cases, except felony, there was a total extinction of all civil rights, including loss of real and personal property, as if the person were physically dead. To avoid the effect of this, conveyances frequently made grants of estates for the ‘natural life’ of a person; and this phrase is used to-day in creating life estates, although the original reason for inserting the word ‘natural’ has ceased. Treason and abjuration of the realm involved forfeiture of property to the Crown as a penalty; but one taking monastic vows could make a will and appoint an executor to administer his estate.

In the United States, generally, civil death can occur only as the result of a sentence of imprisonment for life; but the doctrine is modified, so that there is only a partial extinction of the convict's rights, as in the New York statute providing that a sentence of life imprisonment shall operate as an absolute divorce of the felon from wife or husband; and in no case does his property descend to his heirs, as under the early law of England. The English law has also been greatly modified by statutes and decisions. For an annotation on civil death in the United

States, consult Davis vs. Laning, 18 Law Rep. Annot., 1882.

In some of the countries of Europe, the ancient doctrine is still applied in cases of persons entering a monastic life. See ;


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The New International Encyclopædia/Civil Engineer

CIVIL ENGINEER. See ; .


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274 XXXII


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The New International Encyclopædia/Civilian

CIVILIAN. This term has three meanings, which are distinct, though intimately related. (1) In a popular sense, it signifies a person whose pursuits are civil, i.e. neither military nor clerical. As a law term, it means, either (2) a person who is versed in the principles and rules in accordance with which civil rights may be vindicated in society generally, or in the particular State in which he belongs; or (3) one who has made a special study of these rules and principles as exhibited in the laws and government of Rome (the Roman civil law). The civil law of Rome exercised such an influence upon the formation of the municipal systems of almost all the States of modern Europe, that those who devoted themselves to its study were regarded as ‘civil’ or municipal lawyers par excellence. From the more learned training which this study demanded, civilian came often to be used as synonymous with professor or doctor, as opposed to practitioner of law, the former being generally more deeply versed in the Roman law than the latter; and this in its turn led to its being loosely applied to the international lawyers of the seventeenth century (Grotius, Pufendorf, etc.), who generally belonged to the class of civilians in the sense of Romanists, and who, though their subject was altogether different, quoted largely and derived many analogies from the Roman jurisprudence. At present, in the United States, from having no class of persons who prosecute law as a science as opposed to an art, the term ‘civilian’ has reverted to its narrower mediæval sense of student or teacher of the Roman civil law; and thus we speak of Savigny as a civilian, but not of Story.


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Rh XXXIII


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The New International Encyclopædia/Civilis, Julius

CIVI'LIS, (or ). A chief of the Batavi, for twenty-five years connected with the army of Rome. Alienated by unjust treatment and by the execution of his brother, Julius Paulus, he headed an insurrection in Gaul in A.D. 69, but in A.D. was subdued by an army under Cerealis, general of Vespasian. Tacitus extols his patriotism and heroic acts.


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276 XXXIV


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The Law of Labor When There is Potential Loss

דין מלאכת דבר האבד

Paragraph 1 - [Work where there is] a potential loss is permitted on hol hamoed with no change in how it is done. (However, any way to minimize the labor should be done) (Kol Bo). Therefore, a house of channels (meaning land that requires water) that was watered before the holiday can be watered [on hol hamoed]. Because one started to water it beforehand, if he does not water it now, it will be lost. However, it is forbidden to water a baal-plot - one that is watered only to make it nicer.

סעיף א - דבר האבד מתר לעשותו בחל המועד בלא שנוי, (מיהו, בכל מה דאפשר להקל בטרחה יעשה) (כל בו). לפיכך בית השלחין (פרוש הארץ הצמאה) שהתחיל להשקותה קדם המועד, מתר להשקותה, שכיון שהתחיל להשקותה קדם לכן, אם לא ישקנה עכשו תפסד, אבל שדה הבעל שאין משקין אותה אלא להשביחה יותר, אסור להשקותה.

Paragraph 2 - Even a house of channels is only allowed to be watered when there is not excessive labor involved, like when there is a spring, whether newly-emerged or old, that one can just extend and water the field. However, one should not draw water and irrigate from a pool or from gathered rainwater, because it involves much labor. Even if there is one garden bed, half high and half low, we do not draw water from the low one to water the high one.

סעיף ב - אפלו בבית השלחין לא התירו אלא היכא דליכא טרחא יתרא, כגון מן המעין בין חדש בין ישן שהוא ממשיכו ומשקה, אבל לא ידלה וישקה מן הברכה או ממי הגשמים המקבצים, מפני שהוא טרח גדול. אפלו ערוגה אחת חציה גבה וחציה נמוך אין דולים ממקום נמוך להשקות מקום גבה.

Paragraph 3 - One may water a house of channels on hol hamoed from a river that flows from a lake, assuming it has not stopped flowing. One can similarly water from channels that flow between pools. If a pool gets tricklings from a house of channels and it still trickles, one can water a different house of channels from it, assuming that the spring irrigating the upper house of channels has not stopped.

סעיף ג - נהרות המושכין מן האגמים, מתר להשקות מהם בית השלחין במועד, והוא שלא פסקו. וכן הברכות שאמת המים עוברת ביניהם, מתר להשקות מהן. וכן ברכה שנטפה מבית השלחין ועדין היא נוטפת, מתר להשקות ממנה בית השלחין אחרת, והוא שלא פסק המעין המשקה בית השלחין העליונה.

Paragraph 4 - If one wants to eat vegetables on a holiday, he can draw water to irrigate them so that they will grow and be fit [for eating] on the holiday. If he does not want to eat them on the holiday and does such to make them nicer, it is forbidden.

סעיף ד - ירקות שרוצה לאכלן במועד, יכול לדלות מים להשקותן כדי שיגדלו ויהיו ראוים למועד, אבל אם אינו רוצה לאכלן במועד ועשה כדי להשביחן, אסור.

Paragraph 5 - We do not make pits at the roots of vines so that they will fill with water. If they were made and broke, one can fix them on hol hamoed (but it is forbidden to make them deeper than before) (the Magid chapter 8).

סעיף ה - אין עושים החריצים שבעקרי הגפנים כדי שיתמלאו מים. ואם היו עשויות ונתקלקלו, הרי זה מתקנן במועד (אבל אסור להעמיקן יותר מבראשונה) (המגיד פרק ח').

Paragraph 6 - If a channel has broken, one may repair it. If it was one tefach deep, he can dig it out to six [tefachim]. If it was two tefachim deep, he can dig it out to seven.

סעיף ו - אמת המים שנתקלקלה, מתקנין אותה. היתה עמקה טפח, חופר בה עד ששה, היתה עמקה טפחים, מעמיק עד שבעה.

Paragraph 7 - Water can be drawn from tree to tree as long as the whole field is not watered thereby. If the field is moist, it is permitted to water all of it.

סעיף ז - מושכין את המים מאילן לאילן ובלבד שלא ישקה את הל השדה. ואם היתה שדה לחה, מתר להשקות את כלה.

Paragraph 8 - It is forbiden to open something up so that water can flow into a field and irrigate it. If one does this to gather fish to eat them on the holiday, like by opening something above for the water [and fish] to enter and below something to let [the water out], it is permitted.

סעיף ח - אסור לפתח מקום לשדה כדי שיכנסו בה מים להשקותה, ואם עושה כדי לצוד דגים כדי לאכלן במועד כגון שפותח למעלה מקום שיכנסו ולמטה מקום שיצאו, מתר.

Paragraph 9 - It is forbidden to level off the field for plowing. If it is apparent that the intention is to thresh for holiday purposes, like if he levels all of it, it is permitted.

סעיף ט - אסור להשוות השדה לצרך חרישה. ואם נכר שמכון כדי לדוש לצרך המועד כגון שמשוה כלה, מתר.

Paragraph 10 - It is forbidden to gather wood from the field in order to make it better for plowing. If it is obvious that the intent is because he needs wood, like if he takes the big pieces and leaves the small, it is permitted.

סעיף י - אסור ללקט עצים מן השדה ליפותו לחרישה. ואם נכר שמכון לצרכו שצריך לעצים, כגון שנוטל הגדולים ומניח הקטנים, מתר.

Paragraph 11 - It is forbidden to trim branches of a tree to fix [the tree]. If it is obvious that he does it for the branches in order to feed them to his animals and not to fix [the tree], like if he cuts only from one side, it is permitted.

סעיף יא - אסור לקצץ ענפי האילן לתקנו. ואם נכר שמכון בשביל הענפים להאכילן לבהמתו ולא לתקנו, כגון שקוצץ כלן מצד אחד, מתר.

Paragraph 12 - We do not remove worms from a tree, nor do we patch (meaning stick dung there so that the tree will not die) saplings. However, we do smear oil on trees and fruits.

סעיף יב - אין מתליעים האילנות ולא מזהמין (פרוש, מדביקים שם זבל כדי שלא ימות האילן) הנטיעות, אבל סכין האילנות והפרות בשמן.

Paragraph 13 - Moles and mice in an orchard can be trapped the normal way - by digging a hole and hanging a trip in there. It is even permitted to normally trap [rodents] in a vegetable field that is adjacent to an orchard, because they leave the field and destroy trees. If it is not adjacent to an orchard, we do not trap there using the normal procedure: one should stick a pole in the ground and shake it to and fro until a hole is made in which the trap can be hung. There are some who say that in a vegetable field adjacent to an orchard, the normal way is not allowed, and if it is not adjacent to an orchard, it is forbidden even with a change.

סעיף יג - אישות ועכברים שמפסידים בשדה אילן מתר לצודן כדרכו, שחופר גמא ותולה בה המצודה. ואפלו בשדה הלבן הסמוכה לשדה האילן מתר לצודן כדרכו, שיוצאין ממנה ומפסידים האילן. ואם אינה סמוכה לשדה האילן, אין צדין אותן אלא על ידי שנוי, שנועץ שפוד בארץ ומנענעו לכאן ולכאן עד שנעשית גמא ותולה בה המצודה. ויש אומרים שבשדה הלבן הסמוכה לשדה האילן אינו מתר אלא על ידי שנוי, ואם אינה סמוכה לשדה האילן אסור אפלו על ידי שנוי.

Paragraph 14 - We do not bring cattle on hol hamoed to fertilize the field. If a non-Jew brought them by himself, this is allowed even on Shabbat, and even if bringing them in is seen as a favor, as long as no payment as given. It is even forbidden to give food as payment. On a holiday, it is permitted to give food as payment, as long as no other payment is given. On hol hamoed, even other payment is allowed, as long as he is not hired, aided, or given a watchman to direct the cattle (meaning to move them around and thereby direct the excrement). If the non-Jew is employed by the week, month, or year, he can be aided on hol hamoed and given a watchman to direct the cattle.

סעיף יד - אין מכניסין צאן לדיר בחל המועד לזבל השדה. ואם הכניסן האינו יהודי מעצמו, מתר אף בשבת, אפלו אם מחזיק לו טובה על שהכניסן, ובלבד שלא נתן לו שכר, ואפלו אינו נותן אלא שכר מזונו אסור. וביום טוב יכול לתן לו שכר מזונו, ובלבד שלא יתן לו שכר אחר. ובחל המועד אפלו אם נותן לו שכר אחר מתר, ובלבד שלא ישכירנו ולא יסיענו ולא ימסר לו שומר לנער הצאן (פרוש, מוליכה ממקום למקום ומתוך כך הגללים מתנערים). ואם היה האינו יהודי שכיר שבת שכיר חדש שכיר שנה, מסיעין אותו בחל המועד ומוסרין לו שומר לנער הצאן.

Pararaph 15 - It is forbidden to harvest a field on hol hamoed if no loss will be incurred by letting it wait until after the holiday. If he has nothing to eat, even if there is what to buy in the market, we do not require him to buy from the market. Rather, he can reap, gather, thresh, winnow, and sort as usual, as long as he does not thresh with cows. This is only true when only he alone needs. However, if he must thresh for the masses, he can thresh even with cows.

סעיף טו - אסור לקצר השדה בחל המועד אם אינו נפסד אם יעמד עד לאחר המועד. ואם אין לו מי יאכל, אפלו מוצא בשוק לקנות, אין מצריכין אותו לקח מן השוק, אלא קוצר ומעמר ודש וזורה ובורר כדרכו, ובלבד שלא ידוש בפרות. והני מלי שאין צריך אלא לו לבדו, אבל אם הוא צריך לדוש לצרך רבים, דש אפלו בפרות.

Paragraph 16 - If one has a vineyard adjacent to a non-Jew's vineyard, the non-Jew harvests his on hol hamoed, and if the Jew also does not harvest his, he will incur loss, he is permitted to harvest it, trample the grapes, make the barrels, and do all the activities for making wine with no change. This is only true when one did not plan to do this work on hol hamoed.

סעיף טז - מי שיש לו כרם אצל כרמו של אינו יהודי, ואינו יהודי בוצר שלו בחל המועד, ואם לא יבצר הישראל גם את שלו יפסיד, יכול לבצרו ולדרך היין ולעשות החביות וכל צרכי היין בלא שנוי, ובלבד שלא יכון לעשות מלאכתו במועד.

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The New International Encyclopædia/Civilization

CIVILIZATION. In general, the condition of more advanced peoples in contradistinction to those classed as barbaric and savage. Specifically, that stage of human culture characterized by social organization based on the recognition of proprietary rights, especially in land; the third stage in human development. See .


text: Appletons' Cyclopædia of American Biography/White, Edward Douglas


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 Sacred Books of the East Vol 3 - Oxford Clarendon Press.png

7 PATERNOSTER ROW


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TRANSLATED BY

PART Ⅰ

CHAPTERS Ⅰ TO ⅩⅥ

Oxford

AT THE CLARENDON PRESS

1880

[All rights reserved]


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entering upon an intelligent study of the Qur'ân it is necessary to make oneself acquainted with the circumstances of the people in whose midst it was revealed, with the political and religious aspects of the period, and with the personal history of the prophet himself.

Arabia or Gazîrat el 'Arab, the 'Arabian Peninsula,' as it is called by native writers, is bounded on the west by the Red Sea; on the east by the Persian Gulf and the Gulf of Oman; on the south by the Indian Ocean; and on the north it extends to the confines of Babylonia and Syria.

The Arabs were divided into those of the desert and those of the towns.

The first were settled in the sterile country of the Higâz, and the no less barren highlands of Negd.

The principalities bordering on Syria and Persia were vassals of the Roman and Persian empires; the kingdom of Himyar in Yemen, to the south of the Peninsula, was in free communication with the rest of the world; but the Higâz, 'the barrier,' had effectually resisted alike the curiosity and the attacks of the nations who fought around it for the empire of the world. Persia, Egypt, Rome, Byzantium had each unsuccessfully essayed to penetrate the country and conquer its hardy inhabitants.

The Higâz consists of the barren ranges of hills which lead up from the lowlands on the Eastern coast of the Red Sea to the highlands of Negd. In its valleys lie the holy cities of Mecca and Medînah, and here was the birthplace of el Islâm.

The Arabs of the desert preserved almost intact the manners, customs, and primeval simplicity of the early patriarchs.

They lived in tents made of hair or woollen cloth, and


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 their principal wealth consisted in their camels, horses, and male and female slaves.

They were a nomad race, changing their residence to the various places within their own territory, which afforded the best pasturage as the seasons came round.

Brave and chivalrous, the Arab was always ready to defend the stranger who claimed his protection, while he would stand by a member of his own clan and defend him with his life, whether he were right or wrong. This devotion to the tribe was one of the strongest characteristics of the Arabs, and must be borne in mind if we would understand aright the early history of Islâm.

They were generous and hospitable to a fault, and many a tale is told of a chief who gave away his last camel, or slew his favourite horse to feed a guest, while he and his family were well-nigh left to starve.

Pride of birth was their passion, and poetry their greatest delight; their bards recited the noble pedigrees and doughty deeds of their tribes,—as their own proverb has it, 'the registers of the Arabs are the verses of their bards,'— and in the numerous ancient poems still extant we have invaluable materials for the history of the race.

But their vices were as conspicuous as their virtues, and drunkenness, gambling, and the grossest immorality were very prevalent amongst them; Robbery and murder were their ordinary occupations, for an Arab looked on work or agriculture as beneath his dignity, and thought that he had a prescriptive right to the property of those who condescended to such mean offices. The death of an Arab, however, was revenged with such rigour and vindictiveness by the fierce laws of the blood feud, that a certain check was placed upon their bloodthirsty propensities even in their wars; and these were still further tempered by the institution of certain sacred months, during which it was unlawful to fight or pillage. Cruel, and superstitious too, they were, and amongst the inhuman customs which Mohammed swept away, none is more revolting than that, commonly practised by them, of burying their female children alive.


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User talk:Krenair

— billinghurst  sDrewth  06:52, 12 June 2012 (UTC)

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I did a little tidy
Thanks for the contribution. I see that you had a little issue with Author, so I have added the extra detail that you were wanting. If you would be so kind, it would be great to annotate the source of the work that you added on the talk page of the work. Thx. — billinghurst  sDrewth  07:52, 12 June 2012 (UTC)

 * Thanks! I just couldn't figure out that template! There's actually a lot of editing to do with that book. It's a pain with the footnotes especially. Cheers for your input.
 * I have a little code that can be added to a toolbar, or as a sidebar edit thingy for things like that. In fact we have a few such shortcut things where we have regular text to utilise. — billinghurst  sDrewth  14:20, 13 June 2012 (UTC)
 * I should also have pointed you to a page like Help:Proofread which is one of our tools that we utilise. And yes it can take time to transcribe though for something like some of the lectures of 50-60 pp, I can now get through them in an evening, well, when my time is not stolen for other duties. — billinghurst  sDrewth  14:27, 13 June 2012 (UTC)

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86 father's room drawn down, misgivings crept through his mind; he entered the house and walked quietly up stairs to his own room, the door of which he found partly open, and which joined that of his father's.

Entering cautiously for fear of disturbing his father, a sight met his gaze which compelled him to halt at the entrance. Before the mirror stood a lady arranging her hair. Standing spell-bound with the handle of the door in his hand, he wondered who it could be that had taken the liberty of using his room; the object of his contemplation stood still for an instant, then turned suddenly round with a half scream, and Bella McKay and Charlie stood face to face.

Notwithstanding the changes which two years had made on them, the recognition was instantaneous on both sides, and the names "Charlie" and "Bella" escaped unconsciously from their lips at the same moment. A visible change had taken place in both, but it was an undeniable improvement. Bella had now become a tall, handsomely-formed lady; her hair had taken a darker shade, and a stateliness was perceptible in all her movements, which struck the young Advocate with wonder and admiration.

Charlie's looks and manners made a no less favourable impression on Bella; his former fresh colour had given place to a slight paleness, his fine high forehead was stamped by the effects of hard study; this, with a slight beard, which encircled his chin, gave him a more manly appearance.

He was somewhat altered in form and stature, and was dressed in black, which added to his appearance.

After looking at each other for a short time in silence and confusion, they both adjourned to the sitting-room, each taking a seat at separate windows. An unpleasant pause now took place, Charlie finding himself in the company of his former love, but now, he thought Lady Lundy; and Bella in the presence of her former love, but now, as she believed, her cousin's husband.

Bella was the first to break the silence, by asking whether he was accompanied by Mrs. Stuart, her face being turned towards the lawn while she spoke, and

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Rh her voice being husky and tremulous. Charlie, thinking he had misunderstood the question, replied, "I beg your Ladyship's pardon, I believe I have not heard you correctly, or whether you asked if some Mrs. Stuart accompanied me." Bella turned her streaming eyes upon him, half doubting and half believing her ears, and earnestly enquired whether he was really married to her cousin Catherine. The young Advocate at once satisfied her that he had not yet had that fortune, but in return asked his interrogator whether her noble husband, Lord Lundy, was at the castle. It was now Bella's turn to be surprised, and replied that she never had, or wished to have, the honour of receiving that title.

We will not attempt to describe the happy meeting of the restored lovers, but rather draw a veil over the joyful scene which ensued—the many explanations, the jealousies they suffered, the anxieties of mind, and lastly, the despairing state of their feelings on seeing the articles in the newspapers which extinguished their hopes and crowned their miseries. Solemn vows of constancy were exchanged between them, that no earthly power should in future interrupt the smooth current of their love.

Charlie was, however, sorry for the unintentional impression he had made on the heart of Catherine Forbes, through his partiality to her, on account of her being so like her cousin; and Bella was now made fully confident of her lover's faithfulness by his regard for her cousin, through the resemblance that existed between them. Such was the substance of their joyful union, as they sat side by side on a sofa, Charlie with one arm round Bella's tapering waist, with his other hand imprisoned on her delicate hands, drinking draughts of love from each other's eyes.

Bella related to her lover without reserve, and for the first time, her long and underlying love for him; how her father through the flattery of Lord Lundy, carried her away against her will to London; how his Lordship persecuted her while there with his addresses, particularly when he attained his majority, demanding her as his bride, after gaining her uncle's intercession, which

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88 her to leave at once and seek her father's protection, at whose feet she flung herself, entreating his sympathy in her behalf. When her father wished to know the cause of her objections to Lord Lundy, she gave as an excuse that she had no inclination to change her state, at least for some years to come; and through her tears and supplications he promised his intercession.

On hearing of Mr. Stuart's illness she obtained leave of her father to visit and attend on him. The day before, on finding himself getting worse, he consented to send for his son, and that day, she came over earlier than usual, in order to write the letter, as Mr. Stuart was unable to do so.

On hearing that Mr. Stuart was asleep, she entered Charlie's room, laid aside her bonnet and shawl, and arranged her hair. While doing so, her mind was taken up with the letter she was to write to her former lover, but now another's. At that instant the object of her thoughts appeared before her in the glass, and, not knowing whether it was the influence of her imagination or his spirit, she gave the scream.

How long the lovers remained in fond communion, or how the time swept over their heads, they knew not, until the housekeeper entered with a mournful countenance, intimating that Mr. Stuart had awoke from a troublesome sleep, and, apparently much weaker, had inquired whether Bella had arrived.

The lovers' happiness was soon clouded by this mournful intelligence, and Bella instantly sprung up and entreated Charlie not to enter his father's room until she had prepared the invalid for the meeting. On entering the chamber, Bella perceived at a glance the truth of the housekeeper's remarks; a visible change for the worse had taken place in his looks and voice. On approaching the bedside, he said feebly—"My dear girl, I fear it is too late now to send for my poor boy; something tells me that my hours are but few in this world, and that I shall never see him again."

"Have better hopes, dear friend, you will see your son yet, I hope; what if I were to bring him to you before night," replied Bella, cheeringly.

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Rh "You are indeed my guardian angel, but I fear that that is beyond your power," replied Mr. Stuart, despondingly.

"We will see," added Bella encouragingly; then opened the door, and the impatient son rushed into his father's arms.

The scene which took place between father and son was most affecting, and Bella had to leave the room to hide her tears. The fond and affectionate son was overwhelmed at the ravages the short illness had committed on that once noble form, who could now hardly return the warm embrace of his devoted son.

The invalid, in a feeble and impressive voice, called the young couple to his bedside; then told Charlie of the indefatigable attention that Bella had paid him since her arrival, and now as his last hour was fast approaching, he felt himself duty hound to reveal certain facts which preyed on his mind, in order to release himself from his share of the obligations which they imposed upon him, and which he always considered sacred and binding on a Christian and man of honour.

He then directed his son to open a private drawer in his escritoire, and to bring from thence some papers which he was to read aloud.

The first of these was a cold and formal notice from Mr. McKay, as Lord Lundy's factor, stating that nobleman's intentions not to renew Mr. Stuart's lease, which would expire on first Martinmas.

After the reading of this document, the young lovers looked at each other in amazement and despair; but the contents of the other two overwhelmed them, one of which was as follows, and was addressed also to Mr. Stuart:—

The third, and last document, was a valid contract of

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90 marriage executed, between the neighbours, duly signed and attested according to the substance of the above note, that Charlie and Bella should become man and wife on attaining their majority.

A blush of happiness overspread their countenances for a moment, but this was soon clouded by a sense of despair, on recollecting the objections to the conditions by one of the party, Mr. McKay.

Mr. Stuart at once interpreted their thoughts, and the anguish depicted in their countenances; with a resigned and affecting tone, he said, that considering himself in honour bound to express his own feelings regarding the contract, he would therefore unreservedly state, that he always concurred with its sentiments, and never for one moment had he altered his mind regarding it, provided the young couple themselves were agreeable. This brought them at once, hand in hand, on their knees at the bedside, seeking his blessing on their vows of constancy, which they would maintain until death, whatever obstacles were thrown in their way.

Mr. Stuart was greatly moved at these solemn protestations; then placing his hands on their heads, evoked the blessing of heaven on their vows, and concluded his share of the responsibility which the contract imposed on him, by giving his full consent.

His voice by degrees became inaudible, and the hands which were placed on their heads became heavy.

Bella at length raised her eyes, and whispered to Charlie—"He sleeps."

Charlie removed the hand gently from his own head, which he found cold, when the awful truth at once flashed upon his mind—his noble soul had taken its flight to another sphere!

Great was the grief manifested in all parts of the country at the decease of the generous and amiable Mr. Stuart. A solemn and large procession followed his remains to their last resting place.

An incident took place on this mournful occasion which filled many with admiration and surprise, and which proved the veneration in which the deceased gentleman was held by his domestics.

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Rh Old Munro, who served all his lifetime in the employ of the Stuarts as piper, and other useful situations, had not for some time played except on special occasions, as his son was now grown up and able to relieve his father from that task, and was equally proficient, through his tuition, and the McKay's, the king of pipers.

On this day, however, old Munro struck up his large pipes to the surprise of all, particularly his own son, and played as of yore at the head of the procession, beside his son, keeping pace to the stop, and each note of the mournful wail—"the Lament of the Dead."

The distance to the churchyard was something considerable, and only fit for younger lungs, such as Donald's, to keep up the strain. Donald often cast a glance at the old veteran, expecting every moment to see him drop under the severe performance, but he was mistaken; the old piper, as if animated by some spiritual power, with a firm step, never missed the slightest note, or ceased the thrilling strain until the remains were placed in their narrow home. Then, with heroic animation, he took his old favourite instrument, which had often swelled the heart of many a Highlander, and smashed it into atoms against one of the gravestones, exclaiming in Gaelic—"Gu la bhrath cha chlinun mae mather fuuim mo mheur a'd dheigh" ("Never more shall a mother's son hear the notes of my fingers after thee.") This was but too true, for the faithful old piper had so strained his lungs that a rapid consumption supervened, which carried him to his grave, and he was shortly afterwards laid near his old master in Killinn churchyard.

After the foregoing melancholy occurrence Charlie and Bella did not meet, as Mr. McKay kept strict watch upon them. The term of the lease, or Martinmas, was drawing nigh, when he would be obliged to give up his ancestral home, and relinquish for ever his claims to Kinlochlinn, where he had spent so many happy days,

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92 and first breathed his mountain air. His source of recreation was now limited to his boat, and visiting the Islets of Lochlinn to shoot sea-fowl. On one of these trips, attended by Donald, they sailed close by McKay's side of the estuary, and to their great joy beheld Bella McKay and Mary Grant on one of their charitable excursions, going to visit a lonely woman, who lived in a small boothie by the sea-side, whose name was Ni Ruari (or Rodrick's Daughter).

This poor creature had never extended her acquaintance further than the immediate neighbourhood of Lochlinn, and was therefore ignorant of many habits, customs, and other modern subjects; as an illustration of her want of knowledge, we will give one instance of her peculiarities.

One shooting season, in the absence of the laird, a Colonel Robertson took up his quarters at the Castle. Being a Lowlander, and partial to the good things of this life, he invariably replenished his table with many delicacies which were procured in those parts at a very moderate rate, such as fowls, eggs, &c. Ni Ruari, having heard from a neighbour the excellent market which presented itself at the Castle for their surplus fowls and eggs, resolved to benefit by the opportunity, and started to the Castle with a pair of fowls and a dozen eggs, with the proceeds of which she intended to procure some tea, to which she was extremely partial.

On approaching the Castle she was encountered by an enormous turkey cock, which was the terror of all females, particularly those wearing any article of red, and as Ni Ruari had unfortunately enveloped herself in her long laid-up red tartan cloak, she became an object for the bird's wrath.

He accordingly arrested her progress by strutting before her on the path with his bristling plumage, large scarlet appendages of comb over his beak and breast, giving utterance to that gobbling sound peculiar to them. Turkeys being very scarce in those parts, except about gentlemen's houses, and as Ni Ruari had never in her life seen or heard of the like, concluded at once it must be the Corineal (Colonel) of whose person she was as

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v. 13

1. Since Varuṇa, poet of heaven, hath given [them] to me, with formidable spells (vácas) do I dissolve thy poison; what is dug, undug, and attached (saktá) have I seized; like drink (írā) on a waste hath thy poison been wasted (ni-jas).

2. What waterless poison is thine, that of thine have I seized in these; I seize thy midmost, thine upmost juice (rása); also may thy lowest then disappear for fright.

3. A bull [is] my cry, like thunder through the cloud (nábhas); with thy formidable spell do I then drive it off (bādh) for thee; I have seized that juice of his with men ⌊?⌋; like light out of darkness let the sun arise.

4. With sight I smite thy sight; with poison I smite thy poison; die, O snake, do not live; let thy poison go back against thee.

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Rh ignorant as the bird before her, his strange gobbling or language she believed to be broad Scotch.

Making a low curtsey, she exhibited her fowls and eggs, remarking with great humility,in Gaelic, "Coilleach as ceare ler cead a Choirneil." "Dusan ubh ler cead a Choirneil." ("A cock and hen, with your leave, Colonel." "A dozen eggs, with your leave, Colonel.")

A servant, who had observed the attack of the turkey, ran to Ni Ruari's rescue, overheard these amusing remarks, and just as the thankless bird was on the point of making an assault, the maid interposed and explained the mistake. She then conducted Ni Ruari to the real Coirneil, who, as may be expected greatly enjoyed the affair, paid handsomely for the goods, and treated the old woman to a glass of whisky, and her favourite strong cup of tea.

It may seem strange that although Ni Ruari was so ignorant in most things, she had a wonderful gift for reading people's fortunes in cups, and she had attained such proficiency in that art, that her prophecies, according to accounts, proved, in most instances correct, and frequently shook the incredulity of some of the non-believers in her art.

It was towards Ni Ruari's boothy that Bella McKay was going on her benevolent excursion, her object being to relieve the old woman's wants, and not for the purpose, as some might suppose, of having her fortune told, as she had no faith in such practices. Not so her maid; she hailed with joy the benevolent intentions which led her young mistress to the mysterious habitation, and often wished to have the opportunity of removing the veil which concealed her own futurity.

The young boatmen were no less overjoyed at the unlooked-for prospect of holding an interesting and uninterrupted téte-a-téte with their fair ones, steered their light bark towards the beach under Ni Ruari's boothy, then furled their sail, sprung lightly on shore, and were soon in the arms of those they loved.

On the happy couples' entrance under the low roof, its strange occupant hailed the visit of such a rare company with a sort of hospitable greeting which more

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94 resembled a grin than a smile, and which had been a stranger to the shrivelled physiognomy for many years. As the reader may be anxious to be introduced to this strange being, we will endeavour to describe her looks. It was impossible to ascertain her age, as she had arrived at that period when it is difficult to judge with any accuracy, no register being kept of such events at that time. Indeed it was believed by the majority of her acquaintances that she lived at the time of the flood, and would be likely to live until the end of time, as the oldest among them knew her as Old Ni Ruari. Her skin was parched and wrinkled, and had become of a yellowish tint which more resembled vellum than human skin.

Her black locks were (strange to say, without any symptom of changing its colour) gathered up under a close cap called Subag. Her eyes were small and black, shaded by a fold of skin in place of brows. Her nose and chin were sharp, and threatened an immediate collision whenever she closed her thin colourless lips. Her voice had a strange unearthly tone whenever she spoke, owing to the want of teeth and the rolling of her tongue whenever she articulated any difficult word, which rendered it impossible for anyone to understand except those who were well acquainted with her. When engaged in cup-reading, it took the tone of the terrible, and her words conveyed depth of meaning sufficient to electrify her hearers, and kept them under the spell which it was impossible to shake of for some time; nor dared any of them question or interrupt her while occupied in her great art, however terrible or unpalatable her prophecies might be to them.

As soon as Mary Grant had unburthened herself of her mistress's bounties to Ni Ruari, she bustled about the small apartment to prepare, from her supply of tea, a warm cup to refresh (as she professed) the mariners, but rather to gain her own favourite ends.

When the beverage was prepared, each of the company was served with a cup, and Mary finishing her cup first, handed it to the old woman to read her fortune.

As some may be ignorant of the art, we will follow Ni Ruari in the performance.

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Rh Mary Grant having taken the cup in her left hand, drained off the dregs, turning the cup while doing so against the course of the sun, thus leaving the final leaves scattered promiscuously round the inside of the cup, and then placed it bottom upwards on the table.

At the expiration of about a minute, Ni Ruari took it up in her right hand, drawing the back of her left hand across her eyes and lips, then giving a preliminary grunt, peered into the cup for another minute, and then proceeded to read as follows,—

"Young maid, you are now very happy, and imagine that no obstacle exists between you and the idol of your heart, but he will soon be torn from you, and sent across a great sea! However, you will follow him with good tidings, when you will be restored to each other, and live happily."

After thus breaking the ice (as Mary termed it), Donald Munro followed her example, when the following was read to him:—"Young man, you will suffer great hardships through malicious enemies, and also cross a great sea, towards the south; but your misfortunes will not be of long duration; the bearer of joyful news will seek you out, will make you happy, and you will become the father of many children."

Bella was now entreated to hand her cup in; and, in order to placate the company, consented; when the following terrible revelation was made by the prophetess—"Young lady, a bright cloud hangs around you at present, but a terrible dark storm threatens in the distance, which will envelop you for a time in its dark folds, not only in these parts, but in a wild and far distant country! You will be surrounded for a long time with misery and despair, but your true love will dispel them all, and rescue you from the powers of wild men."

Charlie's fortune did not threaten so many calamities, but was rather discouraging, and read thus:—"Young gentleman, you will also meet with reverses, and visit other lands. Your only happiness, and the object of your love will be lost to you for years; however, better days are in store for you; you will get possession of

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96 your jewel at great risk, through the assistance of a faithful dog."

A smile of incredulity passed between Charlie and Bella at the termination of these strange and terrible prophecies; and, although they gave no credence to a single word of it, still a strange idea took possession of their minds caused by the tone and solemn fascination of Ni Ruari's words; but with regard to their servants, each sentence was believed and stored up in their minds, feeling fully confident that all would come to pass.

The cloud which these revelations left on their minds was soon dispelled by a long and confidential chat between the lovers, until the shades of evening warned them to proceed towards their home by their separate routes, promising to meet each other soon at the same rendezvous.

This wish was, however, not granted them; for on their arrival at home they heard the unpleasant intelligence that Lord Lundy had arrived at the castle, and that he was accompanied by Bella's uncle, who had come to plead his cause, and to prevail on Mr. McKay to bestow the hand of his daughter on his Lordship. Many a highly-born lady in England would have been flattered by his addresses, although none of them as yet were able to banish from his heart the impression left there on first beholding Bella McKay.

Finding her still obdurate and invulnerable to the great prospects, the exalted position, and fascinating accomplishments he offered, he had again to relinquish for a time his proposals. His Lordship, however, prevailed on them to take her once more to London, thinking that time and company would change her resolves, and also to separate her and Charlie Stuart.

Martinmas soon arrived, and Charlie had to part with the extensive farm and stock, and relinquish all other ties which bound him to his native Highland home, without any bright star to cheer him in his future pilgrimage through life. The only prize he valued upon earth was again (and like for ever) snatched from his grasp.

However, he had one consolation this time; if Bella

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Rh was to become another's, it would be through coercion, and entirely against her will, after the vows which they made with such solemn obsequies at his father's death bed.

Having only himself now to provide for, he made up his mind to retire from the bar, never having a great liking for it, and regretting the unintentional mistake he made regarding Catherine Forbes, with whose family he had always been on such intimate terms, fearing they might interpret his partiality to her in the same light as herself. He accordingly gave up all connexion with the legal profession, and took his journey to London with Donald Munro, who would not, on any consideration, have parted with his young master. Charlie's intention was to take passage to some foreign land, or British colony, there to better their circumstances, and to enable Charlie to banish his grief and disappointment among strange scenes and people. But we question whether some other motive did not attract them to London, or whether there was not some one there from whom they wished to have one fond kiss before they parted.

arriving in London, Charlie and his faithful servant engaged private lodgings in a quiet part of the city, not wishing to mix with company or visit the great merchant McKay, where the idol of his heart was living. His time was therefore taken up in finding out some ship or expedition going abroad, or some opening for an energetic young man, who intended to push his way through life.

Among other novelties which at this time attracted the attention of the public, and which excited the greatest interest, was the announcement of the young Queen's appearance at the principal theatre one evening. Our hero showed a little of the universal curiosity to

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243 5. O Kirātan, O spotted one, O grass-haunter (?), O brown one! listen ye to me, O black serpents, offensive ones! stand ye not upon the track (? stāmán) of my comrade; calling out (ā-çrāvay), rest quiet in poison.

6. Of the Timātan (?) black serpent, of the brown, and of the waterless, of the altogether powerful (?), I relax the fury, as the bow-string of a bow; I release as it were chariots.

7. Both ā́ligī and víligī, both father and mother—we know your connection (bándhu) completely; sapless ones, what will ye do?

8. Daughter of the broad-knobbed one (?), born of the black barbarian (f.)—of all them (f.) that have pierced defiantly (?) the poison [is] sapless.

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text: Lindigo, the White Woman/Chapter 12

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Rh XXXV


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278 XXXVI


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Rh XXXVII


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98 have a sight of royalty; he dressed himself in complete Highland costume, of Royal Stuart Tartan, and made his way to the scene of attraction. On entering the theatre, which was crowded, he managed to obtain a seat in one of the principal boxes, and being the only person in the Highland garb, attracted a good deal of attention, notwithstanding the interest the Royal boxes created.

The Young Queen looked charmingly, accompanied by the Foreign Prince, whom some knowing ones hinted would soon stand in a nearer relationship than a cousin to her. Behind the Royal couple, and in attendance on the Prince, was Lord Lundy, who was a great favourite at Court, his noble parent holding one of the most responsible posts under the Crown.

We will now lead the reader to the Royal box, and listen to the conversation and remarks made there.

The Royal pair were apparently intently scrutinising some interesting object in the opposite box, when the Prince turned suddenly to Lord Lundy, and enquired whether he knew the young lady so handsomely dressed in that novel Highland costume?

Lord Lundy coloured deeply, and answered—"Your Highness, that lady is the daughter of my agent in the Highlands, and her name is Miss McKay."

The young Queen, who had overheard the conversation, inquired whether the lady was the "Highland Beauty" of whom she had heard so much? His Lordship answered in the affirmative, when her Majesty inquired whether the young gentleman by her side was her brother?

"He is, and an officer in your Majesty's Guards," replied his Lordship.

"I do not mean the officer, but the gentleman on the other side, dressed in the Highland costume," added her Majesty.

Lord Lundy turned pale, and, in a contemptuous tone, replied, "I beg your Majesty's pardon, that young gentleman was a tenant of mine, but I turned him off my estate for poaching; and, being a neighbour of Miss McKay's, he had the assurance to pretend to her hand, when she was obliged to leave her home to escape his

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