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Template talk:PD-US-no-renewal-unvested

Initial discussion
The discussion that approved this template can currently be found here:

 * Wikisource:Possible copyright violations/Archives/2012-09#Undelete assorted pulp fiction works (PD-US-not-vested)

-- AdamBMorgan (talk) 00:15, 9 September 2012 (UTC)

Follow-up reservations
New information has come to light since the Initial discussion (above) took place and I feel the current usage of this template needs to be modified accordingly. The overall premise and rationale behind no-renewal for unvested works remains intact but additional caveats under certain circumstances may now invalidate the previously understood consensus.

The legal case shedding additional clarity on the previous points used to support the 'No-Renewal-Unvested' premise comes from the U.S. Court of Appeals for the Ninth Circuit's opinion in Self Realization v. Ananda Church (2000). I urge folks to carefully spend some time reading the entire opinion before coming to any conclusions or adding additional comments. Please note that there is a link in the Notes field that takes you to an additional copyrighted summary of the un-copyrightable opinion by West[Law] Group.

Key points summarized
First, for works created before 1978, the Copyright Act of 1909 governs the validity of the initial copyrights. These initial statutory copyrights ran for a 28 year term. Under the 1909 Act, the holder of the common law copyright at the time of publication, either the author or the author's assignee, was the party entitled to receive statutory protection. Assignments did not have to be in writing to be enforceable. Authors could assign their common law copyrights "without the necessity of observing any formalities". Additional case law has held that under the 1909 Act, common law copyrights could be transferred orally or by implication from the conduct of the parties.

Second, blanket copyrights on magazines were sufficient to "protect all the copyrightable components of the work copyrighted" and gave to the copyright proprietor "all the rights which he would have if each part were individually copyrighted under" the Act. The weight of the case law has concluded that this means that a blanket copyright gives a magazine publisher rights in an individual contribution only if the publisher owns the common law copyright as the author of the contribution, or as the author's assignee.

Third, the 1909 Act vested renewal rights in the author, if still living at the time the initial copyright term expired, or the author's next of kin or executor if the author was deceased. The 1909 Act contained only four exceptions to this exclusive right of reversion. A copyright owner who was not the original author could renew copyrights in (1) posthumous works, (2) periodical, encyclopedic, and composite works, (3) works copyrighted by a corporate body (other than as an assignee or licensee of the original author), and (4) works made for hire.

Fourth, until 1940, section 24 of the 1909 Act also permitted individual authors to renew copyrights in periodical contributions "when such contribution has been separately registered." In 1940, Congress deleted the separate registration requirement, permitting individual authors to renew copyrights in periodical contributions even if the only initial copyright on the work existed by virtue of the publisher's blanket copyright. As a result of this 1940 amendment, some would argue that only the author of a periodical contribution can retain a renewal right in the work. This is incorrect. Although the courts recognized that the 1940 amendment granted a new renewal right in individual authors of magazine contributions, the courts also made it clear, however, that this new right did not extinguish the pre-existing right in the magazine publisher. Congress was simply concerned about situations in which the publisher went out of business before the initial copyright expired, leaving no one to renew the copyright and thus injecting the work prematurely into the public domain. Under the unambiguous terms of section 24 of the 1909 Act, magazine publishers are entitled to renew any initial copyrights in periodical articles that they validly obtained through an informal assignment of the author's common law copyrights.

Additional references
A list of cases and/or authorities frequently mentioned or cited in relation to the issue concerning periodicals and the status of "rights".

Court cases

 * Dam v. Kirk La Shelle Co., 166 F. 589, (C.C. S.D.N.Y. 1908),
 * aff'd, 175 F. 902, (2d Cir. 1910); < ( in Lawyer's Edition, starts p. 1002 )
 * Miller Music Corp. v. Charles N. Daniels, Inc., 158 F. Supp. 188, (D.C. S.D.N.Y. 1957),
 * aff'd,, (2d Cir. 1959),
 * aff'd, 362 U.S. 373 (1960);
 * Geisel v. Poynter Prods., Inc., 295 F. Supp. 331, 343-44 (S.D.N.Y. 1968);
 * Best Medium Publishing Co. v. National Insider, Inc., 259 F. Supp. 433, (N.D. Ill.),
 * aff'd, (7th Cir. 1967),
 * cert. denied, 390 U.S. 955 (1968);
 * Alexander v. Irving Trust Co., 132 F. Supp. 364, (S.D.N.Y.),
 * aff'd, (2d Cir. 1955),
 * cert. denied, 350 U.S. 996 (1956);
 * James Stewart, et al., v. Sheldon Abend, dba Authors Research Co.,
 * reconsidered,, (CA9 1988),
 * aff'd, 495 U.S. 207 (1990);

Authorities

 * Caterini, Contributions to Periodicals, 10 ASCAP Copyright L. Syrup., p. 321, (1959);
 * Henn, "Magazine Rights"-A Division of Indivisible Copyright, 40 Cornell L.Q., p. 411, (1955). Partial View
 * Mayer, The Transfer of Copyright Ownership to Periodicals, 46 Fordham L. Rev., p. 907 (1978).
 * Wachtel, Copyright Law — Definition of "Posthumous Work" Under Section 24 of the Copyright Act of 1909 — Bartok v. Boosey & Hawkes, 17 Boston College L. Rev. p. 895 (1976).

New discussion
As all the above relates to the prior discussion in the matter of non-vestable works hosted here on en.WS, I believe we are faced with at least one new glaring caveat to the existing guidelines...

 * Works first published in periodicals and/or similar composite works (i.e. magazines, serials & the like) that were initially registered and governed under the 1909 Act's authorities must strive to answer the question of whether or not the publisher of such bodies of work also validly obtained the assignment of the individual author's common law copyrights prior to publication in addition to any blanket copyrights that may or may not exist for the particular publication in question as well as any subsequent/concurrent registrations that may or may not have been made by the individual author at the same time or since.

Therein lies the problem. While it seems proper books, songs and films are not generally subject to the four exemptions to the exclusive rights of reversion, contributions to various composite works might be. On the one hand, it can be argued that the registrations published in the catalogs or the certificates issued to registrants are entitled to a presumption of validity under the 1909 Act because each "shall be admitted in any court as prima facie evidence of the facts stated therein". At the same time & on the other hand, case law has held that "a party's own descriptions of the nature of its copyright at the time of copyright registration or renewal is not conclusive" and that "such descriptions may be self serving, and the copyright laws are not to be applied mechanically, facilitating premature injection into the public domain, but rather in a 'fair and non-formalistic' manner".

The existence of a transfer or assignment of common law copyright, however, is a factual question of the author's intent according to the courts. Evidence must clearly support the assertion that none of the four exemptions are in play given the work in question for the current 'No-Renewal, Unvested' standard to remain valid the way I see it. If the possibility of an exemption exists in your eyes as well at this point, to what extent should we adjust the trigger for inclusion/exclusion? What would be the threshold for acceptable evidence to support inclusion? What would be the minimum needed for exclusion? Your input is appreciated. -- George Orwell III (talk) 12:19, 2 December 2012 (UTC)

 * This is just a quick note to say I've read this page but I have not had time yet to read the linked works. (Also, only a handful of works have been restored under these terms; most of the uses of this template are on pre-existing works that I only recently noticed are covered by it.) - AdamBMorgan (talk) 14:03, 5 December 2012 (UTC)

 * No worries; take all the time you or anyone else may need & its totally up to you if you want to continue the admittedly needed housekeeping or not. I'm still [re]reading the court cases and other citations related to this stuff while trying to find online copies of them to link to anyway. Its been kind of tough to find authoritative analysis/commentary covering the appropriate era(s), etc., that are specific to the 4 caveats (periodicals being the most relevant one here) online. Most of those academics, of course, followed the highest standards of protecting their own works (i.e. were a bunch of fart smellers). -- George Orwell III (talk) 23:03, 5 December 2012 (UTC)

Works
Do we think we are improperly hosting any works, that are supported solely by the questioned interpretation? JeepdaySock (AKA, Jeepday) 11:44, 6 December 2012 (UTC)
 * There are 22 works in Category:PD-US-no-renewal-unvested at time of writing. All of those are Lovecraft/Howard + Weird Tales as those were the only cases covered by the discussion that started this and the cases with which I am familiar.  I saw a Philip K. Dick work a while ago that might be covered by this as well but I was cleaning up the formatting, not checking the licensing, and didn't have time to get into it then.  I will probably be doing more Amazing Stories work in 2013, which might reveal some more works like this, although they renewed issues even less than Weird Tales.  As everything is tagged and categorised, it should be easy to identify and delete if we make that decision. - AdamBMorgan (talk) 13:01, 6 December 2012 (UTC)
 * Now I wish I had directly checked that earlier - I might have let sleeping dogs lie. It was more the timing of recent discussions over a couple of proposed deletions around the same week(s) some "template-tidying" of existing works was taking place than anything else that (re)ignited my concerns over the template's rationale & usage. We have so many short stories, poems and similar works of less-than-book length that I assumed some noteworthy chunk would be falling into this general sub-class primarily concerning periodicals published between (at least) 1924 & 1964. Obviously, I overestimated the range of affected works actually using the template. My apologies to Adam if one is warranted; this honestly wasn't about revisiting the previous restorations but about getting the justification & parameters right then moving forward on them accordingly. -- George Orwell III (talk) 01:07, 7 December 2012 (UTC)
 * This is a good time for the discussion. Get it worked out before there are lots of works dependent on the decision. JeepdaySock (AKA, Jeepday) 11:35, 7 December 2012 (UTC)
 * There might be more works around that are just not tagged yet. About half of those are Lovecraft works I noticed recently while doing something else; I think the assumption is that all Lovecraft's work is automatically in the public domain (NB: Fungi from Yuggoth is complicated by being initally published in multiple places).
 * Knowing that there needs to be a discussion is useful. I was considering buying and scanning an early Lovecraft collection to replace some of the unsourced works we have: Best Supernatural Stories of H. P. Lovecraft (1945).  That book, however, includes "The Rats in the Walls" and "The Whisperer in Darkness", which are on the 'unvested' list.  So, I will probably hold off on that for the near future. - AdamBMorgan (talk) 13:33, 7 December 2012 (UTC)

Suggestion
Given that this license requires some research, and possibly some community discussion, and that each instance is unique to the author. I suggest a change that indicates on the template that related research and links to discussions (if any) are on the authors talk page. Any Questions about the appropriateness for use of the license should be conducted by Author at WS:CV. JeepdaySock (AKA, Jeepday) 16:01, 12 February 2013 (UTC)

 * It really comes down to only works first published in periodicals (i.e. NOT books) and the caveat would be to check in addition to any renewal made in/under the author's name (A), a check to see if the "blanket copyright" per periodical-issue-number (PCW) was renewed. And its not enough to just provide the renewal registration number by one party or the other - in these cases, the original first-term copyright registration number would be useful in determing copyright status one way or the other. -- George Orwell III (talk) 17:36, 12 February 2013 (UTC)

title: Template talk:PD-US-no-renewal-unvested


text:
Page:Pentagon-Papers-Part III.djvu/33

Declassified per Executive Order 13526, Section 3.3 NND Project Number: NND 63316. By: NWD Date: 2011 TOP SECRET – Sensitive III. A. 2.

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

title: Page:Pentagon-Papers-Part III.djvu/33


text:
Page:Our Sister Republic - Mexico.djvu/58

52 the buildings are of brick, with immensely thick walls, iron-latticed windows, and heavy wooden doors with curious antique iron locks, and flat, red-tiled roofs. Beyond the buildings, in all directions, towered the feathery cocoa palms and giant-leaved banana trees—or plants—of the rich gardens of Colima. Still back of them were the green, wooded mountains which surround this lovely Valley of Colima, with the great "Volcan de Colima," with a crown of dark smoke hanging over its crater, towering above all else, in the north-east. It was a scene worth half a life to look upon but once.

On the street the scene was less beautiful, but very picturesque and peculiar; not a carriage in sight. Little asses, loaded with green corn fodder, or carrying frames, in which were set on either side two large red earthen water jars, trotted along the long, straight, narrow streets. Men in broad hats and light Summer costume of white cotton or linen, trotted along on small, but spirited and richly saddled horses, and the common men and women of the country, on foot, filled the streets and sidewalks. All the marketing, except on Sunday when the great market is held, is done at an early hour, before the heat becomes annoying, and at sunrise the scene on the streets of Colima and all other Mexican towns, is most interesting. In the middle of the day the streets are almost deserted, and toward evening the visiting and fashionable promenading commences.

The principle dry goods and fancy stores are situated in the large buildings, with the portals fronting on the plazas, and the sidewalks are, during a considerably portion of the day, given up to small traders, who spread their little stock of cheap jewelry, slippers, watches, cigaritos, knives, swords, and a thousand


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Declassified per Executive Order 13526, Section 3.3 NND Project Number: NND 63316. By: NWD Date: 2011 TOP SECRET – Sensitive  {|
 * -valign="top"
 * OCB,, Tab E, "Plan for Political Warfare in Regard to Communist China intervention in Indochina," undated, in enclosure to memorandum from E. F. Drumright to Robert Murphy, May 24, 1954 (TOP SECRET).
 * -valign="top"
 * This conceptualization stemmed from discussions of the NSC Planning Board, and was part of a broader contingency study program. See the Board's statement in an enclosure to a memorandum for Robert Bowie (the Board's chairman), May 19, 1954 (TOP SECRET).
 * -valign="top"
 * Memorandum from JCS to the Secretary of Defense, May 20, 1954 (TOP SECRET).
 * -valign="top"
 * These conclusions were confirmed when, at the direction of General Ridgway, a technical team of seven officers representing the Engineer, Transportation, and Signal Corps went to Indochina on a covert mission to determine military and  military-related resources available there in the event U.S. intervention was implemented. The team spent the period May 31–June 22 in the field. Their conclusions were, in general, that Indochina was devoid of the logistical, geographic, and related resources necessary to a substantial American ground effort such as Ridgway felt would be required for a success. The group's findings are in a report from Col. David W. Heiman, its leader, to Ridgway, July 12, 1954 (CONFIDENTIAL).

The Chiefs' conclusions were disputed, however, by Drumright (in a memorandum to MacArthur, May 24, 1954, TOP SECRET). He argued that if, as everyone agreed, Indochina was vital to American security, the U.S. should not consider more than a token ground troop commitment to be a serious diversion of our capabilities. While not arguing a substantial troop commitment, Drumright suggested that the U.S.  for  eventuality rather than count on defense with atomic weapons or non-nuclear strikes on Chinese territory. Somehow, however, Drumright's concern about the Chinese did not extend to the consideration that a massive U.S. troop commitment, which he stated elsewhere in the memorandum prove necessary should token forces fail to do the job, risked bringing on the Chinese.
 * -valign="top"
 * Smith from Geneva "eyes only" tel. DULTE 100 to Dulles, May 23, 1954 (TOP SECRET).
 * -valign="top"
 * Dulles to Smith at Geneva tel. TEDUL 116, May 24, 1954 (TOP SECRET).
 * -valign="top"
 * On April 28 French and Vietnamese representatives in Paris initialled separate treaties of independence and association. The treaties did not take effect, however, until June 4, when the French National Assembly finally approved the documents.
 * -valign="top"
 * Dulles tel. to American Embassy – Paris No. 4272, May 26, 1954 (TOP SECRET). See also Lacouture and Devillers, p. 192.
 * } Rh

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Page:Our Sister Republic - Mexico.djvu/59

Rh minor articles such as are usually found in a "notion store" at "Cheap John's" in the United States, on mats, and squat beside them on the pavement. The main market is held in an open square, where the more common articles of coarse food, green corn, fruit, etc., and the light, strong, red earthen ware of the country are exposed for sale in the morning. Colima has 35,000 or 40,000 inhabitants, and at morning or evening they are all on the streets. As our party passed along, people always civilly made room, and the better class generally bowed politely. In passing the prison, the guard invariably presented arms to me, and I found after a time, this was all owing to the fact that I wore a vest of blue cloth, with brass buttons bearing the coat of arms of the State of California, and for my own convenience I was forced to change it, and by donning a plain white vest retire to private life.

They make the change here, when you buy anything at a store, down to the smallest fraction of a cent; there is nothing like the Californian contempt for the odd bit in Mexico. Being in want of a pair of light pantaloons, I learned to my surprise that there was no ready-made clothing store in Colima, and a tailor was sent for at once to wait upon me. My order and measure taken down, the "artist" departed, and at night returned with the garment finished. "How much?" He at once rendered me a bill for cloth, buttons, thread, labor, etc., amounting to seven dollars and twelve and one-half cents, and he would neither take seven dollars, nor seven dollars and twenty-five cents, but must have the exact change. The barber, boot-maker, shoemaker, and other tradesmen wait on you in the same manner, and exact the same minute change.


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Page:EB1911 - Volume 02.djvu/196

 APOLLO (Gr.  ), in Greek mythology, one of the most important and many-sided of the Olympian divinities. No satisfactory etymology of the name has been given, the least improbable perhaps being that which connects it with the Doric  (“assembly”) so that Apollo would be the god of political life (for other suggested derivations, ancient and modern, see C. Wernicke in Pauly-Wissowa’s Realencyclopädie). The derivation of all the functions assigned to him from the idea of a single original light- or sun-god, worked out in his Lexikon der Mythologie by Roscher, who regards it as “one of the most certain facts in mythology,” has not found general acceptance, although no doubt some features of his character can be readily explained on this assumption.

In the legend, as set forth in the Homeric hymn to Apollo and the ode of Callimachus to Delos, Apollo is the son of Zeus and Leto. The latter, pursued by the jealous Hera, after long wandering found shelter in Delos (originally Asteria), where she bore a son, Apollo, under a palm-tree at the foot of Mount Cynthus. Before this, Delos—like Rhodes, the centre of the worship of the sun-god Helios, with whom Apollo was wrongly identified in later times—had been a barren, floating rock, but now became stationary, being fastened down by chains to the bottom of the sea. Apollo was born on the 7th day ( ) of the month Thargelion according to Delian, of the month Bysios according to Delphian, tradition. The 7th and 20th, the days of the new and full moon, were ever afterwards held sacred to him. In Homer Apollo appears only as the god of prophecy, the sender of plagues, and sometimes as a warrior, but elsewhere as exercising the most varied functions. He is the god of agriculture, specially connected with (q.v.), which, originally a mere epithet, became an independent personality (see, however, Farnell, Cults of the Greek States, iv. 123). This side of his character is clearly expressed in the titles Sitalcas (“protector of corn”); Erythibius (“preventer of blight”); Parnopius (“destroyer of locusts”); Smintheus (“destroyer of mice”), in which, however, some modern inquirers see a totemistic significance (e.g. A. Lang, “Apollo and the Mouse,” in Custom and Myth, p. 101; against this, W. W. Fowler, in Classical Review, November 1892); Erithius (“god of reapers”); and Pasparius (“god of meal”). He is further the god of vegetation generally—Nomios, “god of pastures” (explained, however, by Cicero, as “god of law”), Hersos, “sender of the fertilizing dew.” Valleys and groves are under his protection, unless the epithets Napaeus and Hylates belong to a more primitive aspect of the god as supporting himself by the chase, and roaming the glades and forests in pursuit of prey. Certain trees and plants, especially the laurel, were sacred to him. As the god of agriculture and vegetation he is naturally connected with the course of the year and the arrangement of the seasons, so important in farming operations, and becomes the orderer of time (Horomedon, “ruler of the seasons”), and frequently appears on monuments in company with the Horae.

Apollo is also the protector of cattle and herds, hence Poimnius (“god of flocks”), Tragius (“of goats”), Kereatas (“of horned animals”). Carneius (probably “horned”) is considered by some to be a pre-Dorian god of cattle, also connected with harvest operations, whose cult was grafted on to that of Apollo; by others, to have been originally an epithet of Apollo, afterwards detached as a separate personality (Farnell, Cults, iv. p. 131). The epithet Maleatas, which, as the quantity of the first vowel (ă) shows, cannot mean god of “sheep” or “the apple-tree,” is probably a local adjective derived from Malea (perhaps Cape Malea), and may refer to an originally distinct personality, subsequently merged in that of Apollo (see below). Apollo himself is spoken of as a keeper of flocks, and the legends of his service as a herdsman with Laomedon and Admetus point in the same direction. Here probably also is to be referred the epithet Lyceius, which, formerly connected with (“shine”) and used to support the conception of Apollo as a light-god, is now generally referred to  (“wolf”) and explained as he who keeps away the wolves from the flock (cf.  ). In accordance with this, the epithet  will not mean “born of” or “begetting light,” but rather “born from the she-wolf,” in which form Leto herself was said to have been conducted by wolves to Delos. The consecration of the wolf to Apollo is probably the relic of an ancient totemistic religion (Farnell, Cults, i. 41; W. Robertson Smith, Religion of the Semites, new ed., 1894, p. 226).

With the care of the fruits of the earth and the lower animals is associated that of the highest animal, man, especially the youth on his passage to manhood. As such Apollo is  (“rearer of boys”) and patron of the palaestra. In many places gymnastic contests form a feature of his festivals, and he himself is proficient in athletic exercises ( ). Thus he was supposed to be the first victor at the Olympic games; he overcomes Hermes in the foot-race, and Ares in boxing.

The transition is easy to Apollo as a warlike god; in fact, the earlier legends represent him as engaged in strife with Python, Tityus, the Cyclopes and the Aloidae. He is Boëdromios (“the helper”), Eleleus (“god of the war-cry”), and the Paean was said to have been originally a song of triumph composed by him after his victory over Python. In Homer he frequently appears on the field, like Ares and Athene, bearing the aegis to frighten the foe. This aspect is confirmed by the epithets Argyrotoxos (“god of the silver bow”), Hecatebolos (“the shooter from afar”), Chrysaoros (“wearer of the golden sword”), and his statues are often equipped with the accoutrements of war.

The fame of the Pythian oracle at Delphi, connected with the slaying of Python by the god immediately after his birth, gave especial prominence to the idea of Apollo as a god of prophecy. Python, always represented in the form of a snake, sometimes nameless, is the symbol of the old chthonian divinity whose home was the place of “enquiry” ( ). When Apollo Delphinius with his worshippers from Crete took possession of the earth-oracle Python, he received in consequence the name Pythius. That Python was no fearful monster, symbolizing the darkness of winter which is scattered by the advent of spring, is shown by the fact that Apollo was considered to have been guilty of murder in slaying it, and compelled to wander for a term of years and expiate his crime by servitude and purification. Possibly at Delphi and other places there was an old serpent-worship ousted by that of Apollo, which may account for expiation for the slaying of Python being considered necessary. In the solar explanation, the serpent is the darkness driven away by the rays of the sun. (On the Delphian cult of Apollo and its political significance, see, , ; and Farnell, Cults, iv. pp. 179-218.) Oracular responses were also given at Claros near Colophon in Ionia by means of the water of a spring which inspired those who drank of it; at Patara in Lycia; and at Didyma near Miletus through the priestly family of the Branchidae. Apollo’s oracles, which he did not deliver on his own initiative but as the mouthpiece of Zeus, were infallible, but the human mind was not always able to grasp their meaning; hence he is called Loxias (“crooked,” “ambiguous”). To certain favoured mortals he communicated the gift of prophecy (Cassandra, the Cumaean sibyl, Helenus, Melampus and Epimenides). Although his favourite method was by word of mouth, yet signs were sometimes used; thus Calchas interpreted the flight of birds; burning offerings, sacrificial barley, the arrow of the god, dreams and the lot, all played their part in communicating the will of the gods.

Closely connected with the god of oracles was the god of the healing art, the oracle being frequently consulted in cases of sickness. These two functions are indicated by the titles Iatromantis (“physician and seer”) and Oulios, probably meaning “health-giving” (so Suidas) rather than “destructive.” This side of Apollo’s character does not appear in Homer, where Paieon is mentioned as the physician of the gods. Here again, as in the case of Aristaeus and Carneius, the question arises

title: Page:EB1911 - Volume 02.djvu/196


text:
Page:Pentagon-Papers-Part III.djvu/35

Declassified per Executive Order 13526, Section 3.3 NND Project Number: NND 63316. By: NWD Date: 2011 TOP SECRET – Sensitive  {|
 * -valign="top"
 * Dillon priority telegram from Paris No. 4596, May 29, 1954 (TOP SECRET). See also Smith from Geneva SECTO 331, May 28, 1954 (TOP SECRET) and Dillon from Paris (reporting talks with Schumann) No. 4580, May 28, 1954 (TOP SECRET).
 * -valign="top"
 * McClintock from Saigon No. 2468 to Dulles, May 19, 1954 (SECRET); Dillon from Paris "eyes only" for Dulles, Smith, and McClintock No. 4566, May 27, 1954 (TOP SECRET), reporting Trapnell–Ely talks. Ely and O'Daniel were still at odds, Dillon noted, over structural changes in the NVA, war strategy, and the role of U.S. advisors.
 * -valign="top"
 * .; also, Dillon priority telegram from Paris No. 4612, May 31, 1954 (TOP SECRET).
 * -valign="top"
 * Murphy (acting Secretary) to American Embassy – Paris NIACT 4325, May 29, 1954 (TOP SECRET).
 * -valign="top"
 * Dillon from Paris No. 4607, May 30, 1954 (TOP SECRET). See also Dillon from Paris No. 4625, June 1, 1954 (TOP SECRET).
 * -valign="top"
 * Murphy to American Embassy – Paris NIACT 4332, May 31, 1954 (TOP SECRET).
 * -valign="top"
 * Eisenhower's unwavering attitude toward action in Asia only in concert with allies put him at odds with Dulles, who was prepared to act unilaterally at least in circumstances of overt aggression. When the issue of possible CPR air intervention came before the President, he is reported to have reacted sharply. Evidently supposing that conflict in the air would mean a Sino–U.S. war, the President said the United States would not intervene in China on any basis except united action. He would not be responsible for going into China alone unless a joint Congressional resolution ordered him to do so. The United States should in no event undertake alone to support French colonialism. Unilateral action by the United States in cases of this kind would destroy us. If we intervened alone in this case, we would be expected to intervene alone in other parts of the world. He made very plain that the need for united action as a condition of U.S. intervention was not related merely to the regional grouping for the defense of Southeast Asia but was also a necessity for U.S. intervention in response to Chinese Communist overt aggression.

Yet, when reminded by his Special Assistant, Robert Cutler, of NSC 5405's position that U.S. unilateral action could not be ruled out in the event of overt Chinese aggression against Thailand, Burma, or Malaya, and of Dulles' September 2, 1953 warning to China of a direct U.S. response to Chinese aggression in Indochina, the President stated that no difference existed between himself and. Dulles. (Memorandum of conversation between Eisenhower and Cutler, June 1, 1954, TOP SECRET).
 * } Rh

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Declassified per Executive Order 13526, Section 3.3 NND Project Number: NND 63316. By: NWD Date: 2011 TOP SECRET – Sensitive  {|
 * The next day, June 2, the President directly confronted Dulles on this matter. Dulles distinguished between U.S. involvement in a collective grouping, which could only come about on satisfaction of the preconditions, and action in response to overt Chinese aggression. The Secretary's view was that in the latter case, the U.S. should act unilaterally upon authorization by Congress, citing prior statements by himself and the President that had warned China of the consequences of overt aggression. The President responded, according to Cutler's report, that direct Chinese aggression would force him to go all the way with naval and air power (including "new weapons") directed at air bases and ports in mainland China. He would therefore have to have much more than Congressional authorization in view of the likely public reaction to a Presidential request of Congress for war acts against China. Even though the Thais, Filipinos, French, and Indochinese would likely support such action, other countries, such as Australia, had to be brought along as well. The President, in short, was as concerned about the politics as the logic of getting involved in a conflict with China. (Memorandum of conference in the President's office, June 2, 1954, involving the President, Dulles, Anderson, Radford, MacArthur, and Cutler, TOP SECRET.) At its 200th meeting on 3 June, the NSC received, considered, and agreed upon the President's views.

Following this important Presidential determination, Dulles called in the Australian and New Zealand ambassadors on the question of overt Chinese aggression in Southeast Asia. He explained that direct Chinese action was unlikely, but that the French had been pressing for assurance of a U.S. reply to Chinese air intervention in the delta. He reported the U.S. position that Chinese aggression required a collective response and a UN appeal, and distinguished this procedure from the united action concept of March 29. A brief memorandum was suggested by the Secretary by which the ANZUS powers would pledge, in the event of overt CPR aggression, to request approval of their parliaments for the use of armed forces, support a UN appeal by the attacked party, and seek to persuade other free nations to join in acting against China. The ambassadors, however, merely asked questions and, apparently, the proposed memorandum was not agreed upon by any of the Allies during the course of the Geneva Conference. See Dulles priority tel. to American Embassy – Canberra No. 238, June 5, 1954 (TOP SECRET).
 * -valign="top"
 * Memorandum from Bidault to Eisenhower, Geneva, June 1, 1954 (TOP SECRET). See also Smith from Geneva tel. DULTE 156, June 6, 1954 (TOP SECRET).
 * -valign="top"
 * Dillon tel. to Dulles No. 4766, June 9, 1954 (TOP SECRET). Also, Dulles tel. to American Embassy – Paris No. 4286, May 27, 1954 (TOP SECRET); here, the American position was that French forces would be maintained during united action except for normal troop rotation, replacement by native forces as the military situation permits, and consultation with allies engaged in the united action.
 * } Rh

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Declassified per Executive Order 13526, Section 3.3 NND Project Number: NND 63316. By: NWD Date: 2011 TOP SECRET – Sensitive  {|
 * -valign="top"
 * Dulles to American Embassy – Paris tel. No. 4421, June 4, 1954 (TOP SECRET).
 * -valign="top"
 * Murphy (acting Secretary) "eyes only" tel. to American Embassy – Paris (Dillon), No. 4508, June 10, 1954 (TOP SECRET).
 * -valign="top"
 * Dulles "eyes only" priority to American Embassy – Paris No. 4579, June 14, 1954 (TOP SECRET).
 * -valign="top"
 * Dulles priority to American Consul – Geneva (Smith) TEDUL 197, June 14, 1954 (TOP SECRET).
 * -valign="top"
 * Dillon "eyes only" from Paris to Dulles No. 4841, June 14, 1954 (TOP SECRET).
 * -valign="top"
 * See, ., Schumann's remarks to Dillon in the latter's cable from Paris No. 4766, June 9, 1954 (TOP SECRET).
 * -valign="top"
 * Dulles to American Consul – Geneva (Smith) TEDUL 208, June 16, 1954 (TOP SECRET).
 * -valign="top"
 * Smith "eyes only" for the Secretary from Geneva DULTE 164, June 9, 1954 (TOP SECRET).
 * -valign="top"
 * Dillon priority telegram to Dulles No. 4424, May 18, 1954. Cf. Dulles' comment of June 7 in a cable to Geneva (priority TEDUL 169, TOP SECRET): "I have long felt and still feel that the French are not treating our proposal seriously but toying with it just enough to use it as a talking point at Geneva."
 * -valign="top"
 * Dulles priority tel. to American Consul – Geneva TEDUL 175, June 8, 1954 (TOP SECRET).
 * } Rh

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text: United States – Vietnam Relations, 1945–1967: A Study Prepared by the Department of Defense/III. A. Notes


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 whether Paean (or Paeon) was originally an epithet of Apollo, subsequently developed into an independent personality, or an independent deity merged in the later arrival (Farnell, Cults, iv. p. 234). According to Wilamowitz-Möllendorff in his edition of Isyllus, the epithet Maleatas alluded to above is also connected with the functions of the healing god, imported into Athens in the 4th century with other well-known health divinities. In this connexion, it is said to mean the “gentle one,” who gave his name to the rock Malion or Maleas (O. Gruppe, Griechische Mythologie, ii. 1442) on the Gortynian coast. Apollo is further supposed to be the father of Asclepius (Aesculapius), whose ritual is closely modelled upon his. The healing god could also prevent disease and misfortune of all kinds: hence he is (“averter of evil”) and . Further, he is able to purify the guilty and to cleanse from sin (here some refer the epithet , in the sense of “physician of the soul”). Such a task can be fitly undertaken by Apollo, since he himself underwent purification after slaying Python. According to the Delphic legend, this took place in the laurel grove of Tempe, and after nine years of penance the god returned, as was represented in the festival called Stepterion or Septerion (see A. Mommsen, Delphika, 1878). Thus the old law of blood for blood, which only perpetuated the crime from generation to generation, gave way to the milder idea of the expiatory power of atonement for murder (cf. the court called  at Athens, which retained jurisdiction in cases where justifiable homicide was pleaded).

The same element of enthusiasm that affects the priestess of the oracle at Delphi produces song and music. The close connexion between prophecy and song is indicated in Homer (Odyssey, viii. 488), where Odysseus suggests that the lay of the fall of Troy by Demodocus was inspired by Apollo or the Muse. The metrical form of the oracular responses at Delphi, the important part played by the paean and the Pythian nomos in his ritual, contributed to make Apollo a god of song and music, friend and leader of the Muses ( ). He plays the lyre at the banquets of the gods, and causes Marsyas to be flayed alive because he had boasted of his superior skill in playing the flute, and the ears of Midas to grow long because he had declared in favour of Pan, who contended that the flute was a better instrument than Apollo’s favourite, the lyre.

A less important aspect of Apollo is that of a marine deity, due to the spread of his cult to the Greek colonies and islands. As such, his commonest name is Delphinius, the “dolphin god,” in whose honour the festival Delphinia was celebrated in Attica. This cult probably originated in Crete, whence the god in the form of a dolphin led his Cretan worshippers to the Delphian shore, where he bade them erect an altar in his honour. He is Epibaterius and Apobaterius (“embarker” and “disembarker”), Nasiotas (“the islander”), Euryalus (“god of the broad sea”). Like Poseidon, he looks forth over his watery kingdom from lofty cliffs and promontories (, and perhaps  ).

These maritime cults of Apollo are probably due to his importance as the god of colonization, who accompanied emigrants on their voyage. As such he is  (“leader”),  (“founder”),  (“god of the home”). As Agyieus (“god of streets and ways”), in the form of a stone pillar with painted head, placed before the doors of houses, he let in the good and kept out the evil (see Farnell, Cults, iv. p. 150, who takes Agyieus to mean “leader”); on the epithet Prostaterius, he who “stands before the house,” hence “protector,” see G. M. Hirst in Journal of Hellenic Studies, xxii. (1902). Lastly, as the originator and protector of civil order, Apollo was regarded as the founder of cities and legislation. Thus, at Athens, Apollo Patroös was known as the protector of the Ionians, and the Spartans referred the institutions of Lycurgus to the Delphic oracle.

It has been mentioned above that W. H. Roscher, in the article “Apollo” in his Lexikon der Mythologie, derives all the aspects and functions of Apollo from the conception of an original light-and sun-god. The chief objections to this are the following. It cannot be shown that on Greek soil Apollo originally had the meaning of a sun-god; in Homer, Aeschylus and Plato, the sun-god Helios is distinctly separated from Phoebus Apollo; the constant epithet , usually explained as the brightness of the sun, may equally well refer to his physical beauty or moral purity;  has already been noticed. It is not until the beginning of the 5th century that the identification makes its appearance. The first literary evidence is a fragment of Euripides (Phaëthon), in which it is especially characterized as an innovation. The idea was taken up by the Stoics, and in the Roman period generally accepted. But the fact of the gradual development of Apollo as a god of light and heaven, and his identification with foreign sun-gods, is no proof of an original Greek solar conception of him. Apollo-Helios must be regarded as “a late by-product of Greek religion” (Farnell, Cults, iv. p. 136; Wernicke in Pauly-Wissowa’s Realencyclopädie). For the manner in which the solar theory is developed, reference must be made to Roscher’s article, but one legend may here be mentioned, since it helps to trace the spread of the cult of the god. It was said that Apollo soon after his birth spent a year amongst the Hyperboreans, who dwelt in a land of perpetual sunshine, before his return to Delphi. This return is explained as the second birth of the god and his victory over the powers of winter; the name Hyperboreans is explained as the “dwellers beyond the north wind.” This interpretation is now, however, generally rejected in favour of that of H.L. Ahrens,—that Hyperborei is identical with the Perphereës (“the carriers”), who are described as the servants of Apollo, carriers of cereal offerings from one community to another (Herodotus iv. 33). This would point to the fact that certain settlements of Apolline worship along the northernmost border of Greece (Illyria, Thrace, Macedonia) were in the habit of sending offerings to the god to a centre of his worship farther south (probably Delphi), advancing by the route from Tempe through Thessaly, Pherae and Doris to Delphi; while others adopted the route through Illyria, Epirus, Dodona, the Malian gulf, Carystus in Euboea, and Tenos to Delos (Farnell, Cults, iv. p. 100).

The most usual attributes of Apollo were the lyre and the bow; the tripod especially was dedicated to him as the god of prophecy. Among plants, the bay, used in expiatory sacrifices and also for making the crown of victory at the Pythian games, and the palm-tree, under which he was born in Delos, were sacred to him; among animals and birds, the wolf, the roe, the swan, the hawk, the raven, the crow, the snake, the mouse, the grasshopper and the griffin, a mixture of the eagle and the lion evidently of Eastern origin. The swan and grasshopper symbolize music and song; the hawk, raven, crow and snake have reference to his functions as the god of prophecy.

The chief festivals held in honour of Apollo were the Carneia, Daphnephoria, Delia, Hyacinthia, Pyanepsia, Pythia and Thargelia (see separate articles).

Among the Romans the worship of Apollo was adopted from the Greeks. There is a tradition that the Delphian oracle was consulted as early as the period of the kings during the reign of Tarquinius Superbus, and in 430 a temple was dedicated to Apollo on the occasion of a pestilence, and during the Second Punic War (in 212) the Ludi Apollinares were instituted in his honour. But it was in the time of Augustus, who considered himself under the special protection of Apollo and was even said to be his son, that his worship developed and he became one of the chief gods of Rome. After the battle of Actium, Augustus enlarged his old temple, dedicated a portion of the spoil to him, and instituted quinquennial games in his honour. He also erected a new temple on the Palatine hill and transferred the secular games, for which Horace composed his Carmen Saeculare, to Apollo and Diana.

Apollo was represented more frequently than any other deity in ancient art. As Apollo Agyieus he was shown by a simple conic pillar; the Apollo of Amyclae was a pillar of bronze surmounted by a helmeted head, with extended arms carrying lance and bow. There were also rude idols of him in wood (xoana), in which the human form was scarcely recognizable. In the 6th century, his statues of stone were naked, stiff and rigid in attitude, shoulders square, limbs strong and broad, hair falling

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 down the back. In the riper period of art the type is softer, and Apollo appears in a form which seeks to combine manhood and eternal youth. His long hair is usually tied in a large knot above his forehead. The most famous statue of him is the Apollo Belvidere in the Vatican (found at Frascati, 1455), an imitation belonging to the early imperial period of a bronze statue representing him, with aegis in his left hand, driving back the Gauls from his temple at Delphi (279 ), or, according to another view, fighting with the Pythian dragon. In the Apollo Citharoedus or Musagetes in the Vatican, he is crowned with laurel and wears the long, flowing robe of the Ionic bard, and his form is almost feminine in its fulness; in a statue at Rome of the older and more vigorous type he is naked and holds a lyre in his left hand; his right arm rests upon his head, and a griffin is seated at his side. The Apollo Sauroctonus (after Praxiteles), copied in bronze at the Villa Albani in Rome and in marble at Paris, is a naked, youthful, almost boyish figure, leaning against a tree, waiting to strike a lizard climbing up the trunk. The gigantic statue of Helios (the sun-god), “the colossus of Rhodes,” by Chares of Lindus, celebrated as one of the seven wonders of the world, is unknown to us. Bas-reliefs and painted vases reproduce the contests of Apollo with Tityus, Marsyas, and Heracles, the slaughter of the daughters of Niobe, and other incidents in his life.

APOLLODORUS, an Athenian painter, who flourished at the end of the 5th century He is said to have introduced great improvements in perspective and chiaroscuro. What these were it is impossible to say: perspective cannot have been in his day at an advanced stage. Among his works were an Odysseus, a priest in prayer, and an Ajax struck by lightning. APOLLODORUS, an Athenian grammarian, pupil of Aristarchus and Panaetius the Stoic, who lived about 140 He was a prolific and versatile writer. There is extant under his name a treatise on the gods and the heroic age, entitled , a valuable authority on ancient mythology. Modern critics are of opinion that, if genuine, it is an abridgment of a larger work by him ( ).

Edition, with commentary, by Heyne (1803); text by Wagner (1894) (Mythographi Graeci, vol. i. Teubner series). Amongst other works by him of which only fragments remain, collected in Müller, Fragmenta Historicorum Graecorum, may be mentioned: , a universal history from the fall of Troy to 144 ;  , a gazetteer written in iambics;  , a work on the Homeric catalogue of ships; and a work on etymology ( ).

APOLLODORUS, of Carystus in Euboea, one of the most important writers of the New Attic comedy, who flourished at Athens between 300 and 260 He is to be distinguished from an older Apollodorus of Gela (342–290), also a writer of comedy, a contemporary of Menander. He wrote 47 comedies and obtained the prize five times. Terence borrowed his Hecyra and Phormio from the  and  of Apollodorus.

APOLLODORUS, of Damascus, a famous Greek architect, who flourished during the 2nd century He was a favourite of Trajan, for whom he constructed the stone bridge over the Danube ( 104–105). He also planned a gymnasium, a college, public baths, the Odeum and the Forum Trajanum, within the city of Rome; and the triumphal arches at Beneventum and Ancona. The Trajan column in the centre of the Forum is celebrated as being the first triumphal monument of the kind. On the accession of Hadrian, whom he had offended by ridiculing his performances as architect and artist, Apollodorus was banished, and, shortly afterwards, being charged with imaginary crimes, put to death (Dio Cassius lxix. 4). He also wrote a treatise on Siege Engines ( ), which was dedicated to Hadrian. APOLLONIA, the name of more than thirty cities of antiquity. The most important are the following: (1) An Illyrian city (known as Apollonia  or  ) on the right bank of the Aous, founded by the Corinthians and Corcyraeans. It soon became a place of increasing commercial prosperity, as the most convenient link between Brundusium and northern Greece, and as one of the starting-points of the Via Egnatia. It was an important military post in the wars against Philip and during the civil wars of Pompey and Caesar, and towards the close of the Roman republic acquired fame as a seat of literature and philosophy. Here Augustus was being educated when the death of Caesar called him to Rome. It seems to have sunk with the rise of Aulon, and few remains of its ruins are to be found. The monastery of Pollina stands on a hill which probably is part of the site of the old city. (2) A Thracian city on the Black Sea (afterwards Sozopolis, and now Sizeboli), colonized by the Milesians, and famous for its colossal statue of Apollo by Calamis, which Lucullus removed to Rome. APOLLONIUS, surnamed  (“the Surly or Crabbed”), a celebrated grammarian of Alexandria, who lived in the reigns of Hadrian and Antoninus Pius. He spent the greater part of his life in his native city, where he died; he is also said to have visited Rome and attracted the attention of Antoninus. He was the founder of scientific grammar and is styled by Priscian grammaticorum princeps. Four of his works are extant: On Syntax, ed. Bekker, 1817; and three smaller treatises, on Pronouns, Conjunctions and Adverbs, ed. Schneider, 1878.

APOLLONIUS, surnamed  (“the Effeminate”), a Greek rhetorician of Alabanda in Caria, who flourished about 120 After studying under Menecles, chief of the Asiatic school of oratory, he settled in Rhodes, where he taught rhetoric, among his pupils being Mark Antony. APOLLONIUS, surnamed “the Sophist,” of Alexandria, a famous grammarian, who probably lived towards the end of the 1st century He was the author of a Homeric lexicon ( ), the only work of the kind we possess. His chief authorities were Aristarchus and Apion’s Homeric glossary.

APOLLONIUS MOLON (sometimes called simply ), a Greek rhetorician, who flourished about 70 He was a native of Alabanda, a pupil of Menecles, and settled at Rhodes. He twice visited Rome as an ambassador from Rhodes, and Cicero and Caesar took lessons from him. He endeavoured to moderate the florid Asiatic style and cultivated an “Atticizing” tendency. He wrote on Homer, and, according to Josephus, violently attacked the Jews.

APOLLONIUS OF PERGA [], Greek geometer of the Alexandrian school, was probably born some twenty-five years later than Archimedes, i.e. about 262 He flourished in the reigns of Ptolemy Euergetes and Ptolemy Philopator (247–205 ). His treatise on Conics gained him the title of The Great Geometer, and is that by which his fame has been transmitted to modern times. All his numerous other treatises have perished, save one, and we have only their titles handed down, with general indications of their contents, by later writers, especially Pappus. After the Conics in eight Books had been written in a first edition, Apollonius brought out a second edition, considerably revised as regards Books i.-ii., at the instance of one Eudemus of Pergamum;

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title: 1911 Encyclopædia Britannica/Apollo


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HILE the disturbance in Ireland was at its height, affairs in England had been scarcely less critical. The surface indeed remained unbroken. The summer of 1534 passed away, and the threatened invasion had not taken place. The disaffection which had appeared in the preceding year had been smothered for a time; Francis I. held the Emperor in check by menacing Flanders, and through French influence the rupture with Scotland had been seemingly healed. In appearance the excommunication had passed off as a brutum fulmen, a flash of harmless sheet lightning, serving only to dazzle feeble eyes. The oath of succession, too, had been taken generally through the country; Sir Thomas More and Bishop Fisher having alone ventured to refuse. The Pope had been abjured by the Universities and by the Convocation in both the provinces, and to these collective Acts the bishops and the higher clergy had added each their separate consent.

But the Government knew too well the temper of the clergy to trust to outward compliance, or to feel


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202 assured that they acquiesced at heart either in the separation from Rome, or in the loss of their treasured privileges. The theory of an Anglican Erastianism found favour with some of the higher Church dignitaries, and with a section perhaps of the secular priests; but the transfer to the Crown of the first-fruits, which, in their original zeal for a free Church of England, the ecclesiastics had hoped to preserve for themselves, the abrupt limitation of the powers of Convocation, and the termination of so many time-honoured and lucrative abuses, had interfered with the popularity of a view which might have been otherwise broadly welcomed; and while growing vigorously among the country gentlemen and the middle classes in the towns, among the clergy it throve only within the sunshine of the Court. The rest were overawed for the moment, and stunned by the suddenness of the blows which had fallen upon them. As far as they thought at all, they believed that the storm would be but of brief duration, that it would pass away as it had risen, and that for the moment they had only to bend. The modern Englishman looks back upon the time with the light of after-history. He has been inured by three centuries of division to the spectacle of a divided Church, and sees nothing in it either embarrassing or fearful. The ministers of a faith which had been for fifteen centuries as the seamless vesture of Christ, the priests of a Church supposed to be founded on the everlasting rock against which no power could prevail, were in a very different position. They obeyed for the time the strong hand which was upon them,


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1534.] trusting to the interference of accident or providence. They comforted themselves with the hope that the world would speedily fall back into its old ways, that Christ and the saints would defend the Church against sacrilege, and that in the mean time there was no occasion for them to thrust themselves upon voluntary martyrdom. But this position, natural as it was, became difficult to maintain when they were called upon not only themselves to consent to the changes, but to justify their consent to their congregations, and to explain to the people the grounds on which the Government had acted. The kingdom was by implication under an interdict, yet the services went on as usual; the King was excommunicated; doubt hung over the succession; the facts were imperfectly known; and the never-resting friars mendicant were busy scattering falsehood and misrepresentation. It was of the highest moment that on all these important matters the mind of the nation should if possible be set at rest; and the clergy, whose loyalty was presumed rather than trusted, furnished the only means by which the Government


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204 could generally and simultaneously reach the people. The clergy therefore, as we have seen, were called upon for their services; the Pope's name was erased from the mass books; the Statute of Appeals and the Statute of Succession were fixed against the doors of every parish church in England, and the rectors and curates were directed to explain the meaning of these Acts every week in their sermons. The bishops were held responsible for the obedience of the clergy; the sheriffs and the magistrates had been directed to keep an eye upon the bishops; and all the machinery of centralization was put in force to compel the fulfilment of a duty which was well known to be unwelcome.

That as little latitude as possible might be left for resistance or evasion, books were printed by order of council, and distributed through the hands of the bishops, containing a minute account of the whole proceedings on the divorce, the promises and falsehoods of the Pope, the opinions of the European universities, and a general epitome of the course which had been pursued. These were to be read aloud to the congregations; and an order for preaching was at the same time circulated, in which the minuteness of the directions is as remarkable as the prudence of them. Every preacher was to deliver one sermon at least ('and after at his liberty') on the encroachments and usurpations of the Papal power. He was to preach against it, to expose and refute it to the best of his ability, and to


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1534.] declare that it was done away, and might neither be obeyed nor defended further. Again, in all places 'where the King's just cause in his matter of matrimony had been detracted, and the incestuous and unjust [matrimony] had been set forth [and extolled],' the clergy were generally directed 'to open and declare the mere verity and justness' of the matter, declaring it 'neither doubtful nor disputable, but to be a thing of mere verity, and so to be allowed of all men's opinions.' They were to relate in detail the Pope's conduct, his many declarations in the King's favour; the first decretal, which was withheld by Campeggio, in which he had pronounced the marriage with Catherine invalid; his unjust avocation of the cause to Rome; his promises to the King of France; and finally, his engagement at Marseilles to pronounce in the King of England's favour, if only he would acknowledge the Papal jurisdiction. They were therefore to represent the King's conduct as the just and necessary result of the Pope's duplicity. These things the clergy were required to teach, not as matters of doubt and question, but as vital certainties on which no difference of opinion could be tolerated. Finally, there were added a few wholesome


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Rh had therefore reason to hope that a descent would be found practicable.

Larger and larger grew the orifice; at length it would admit a man's body, and Ben Zoof, carrying a torch, pushed himself through it, followed by the lieutenant and Servadac. Procope's conjecture proved correct. On entering the crater, they found that the sides slanted at the angle of about four degrees; moreover, the eruption had evidently been of recent origin, dating probably only from the shock which had invested Gallia with a proportion of the atmosphere of the earth, and beneath the coating of ashes with which they were covered, there were various irregularities in the rock, not yet worn away by the action of the lava, and these afforded a tolerably safe footing.

"Rather a bad stair-case!" said Ben Zoof, as they began to make their way down.

In about half an hour, proceeding in a southerly direction, they had descended nearly five hundred feet. From time to time they came upon large excavations that at first sight had all the appearance of galleries, but by waving his torch, Ben Zoof could always see their extreme limits, and it was evident that the lower strata of the mountain did not present the same system of ramification that rendered the Hive above so commodious a residence. It was not a time to be fastidious; they must be satisfied with such accommodation as they could get, provided it was warm. Captain Servadac was only too glad to find that his hopes about the temperature were to a certain extent realized. The lower they went, the greater was the diminution in the cold, a diminution that was far more rapid than that which is experienced in making the descent of terrestrial mines. In this case it was a volcano, not a colliery, that was the object of exploration, and thankful enough they were to find that it had not become extinct. Although the lava, from some unknown cause, had ceased to rise in the crater, yet plainly it existed somewhere in an incandescent state, and was still transmitting considerable heat to inferior strata.

Lieutenant Procope had brought in his hand a mercurial thermometer, and Servadac carried an aneroid barometer, by means of which he could estimate the depth of their descent below the level of the Gallian Sea. When they were six hundred feet below the orifice the mercury registered a temperature of 6° C. below zero.

"Six degrees!" said Servadac; "that will not suit us. At this low temperature we could not survive the winter. We must try deeper down. I only hope the ventilation will hold out."

There was, however, nothing to fear on the score of ventilation. The great current of air that rushed into the aperture penetrated everywhere, and made respiration perfectly easy.

The descent was continued for about another three hundred feet, which brought the explorers to a total depth of nine hundred feet from their old quarters. Here the thermometer registered 12° C. above zero—a temperature which, if only it were permanent, was all they wanted. There was no advantage in proceeding any further along the lava-course; they could already hear the dull rumblings that indicated that they were at no great distance from the central focus.

"Quite near enough for me!" exclaimed Ben Zoof. "Those who are chilly are welcome to go as much lower as they like. For my part, I shall be quite warm enough here."

After throwing the gleams of torch-light in all directions, the explorers seated themselves on a jutting rock, and began to debate whether it was practicable for the colony to make an abode in these lower depths of the mountain. The prospect, it must be owned, was not inviting. The crater, it is true, widened out into a cavern sufficiently large, but here its accommodation ended. Above and below were a few ledges in the rock that would serve as receptacles for provisions; but, with the exception of a small recess that must be reserved for Nina, it was clear that henceforth they must all renounce the idea of having separate apartments. The single cave must be their dining-room, drawing-room, and dormitory, all in one. From living the life of rabbits in a warren, they were reduced to the existence of moles, with the difference that they could not, like them, forget their troubles in a long winter's sleep.

The cavern, however, was quite capable of being lighted by means of lamps and lanterns. Among the stores were several barrels of oil and a considerable quantity of spirits of wine, which might be burned when required for cooking purposes. Moreover, it would be unnecessary for them to confine themselves entirely to the seclusion of their gloomy residence; well wrapped up, there would be nothing to prevent them making occasional excursions both to the Hive and to the sea-shore. A supply of fresh water would be constantly required; ice for this purpose must be perpetually carried in from the coast, and it would be necessary to arrange that everyone in turn should perform this office, as it would be no sinecure to clamber up the sides of the crater for 900 feet, and descend the same distance with a heavy burden.

But the emergency was great, and it was accordingly soon decided that the little colony should forthwith take up its quarters in the cave. After all, they said, they should hardly be much worse off than thousands who annually winter in Arctic regions. On board the whaling-vessels, and in the establishments of the Hudson's Bay Company, such luxuries as separate cabins or sleeping-chambers are never thought of; one large apartment, well heated and ventilated, with as few corners as possible, is considered far more healthy; and on board ship the entire hold, and in forts a single floor, is appropriated to this purpose. The recollection of this fact served to reconcile them, in a great degree, to the change to which they felt it requisite to submit.

Having remounted the ascent, they made the result of their exploration known to the mass of the community, who received the tidings with a sense of relief, and cordially accepted the scheme of the migration.

The first step was to clear the cavern of its accumulation of ashes, and then the labor of removal commenced in earnest. Never was a task undertaken with greater zest. The fear of being to a certainty frozen to death if they remained where they were, was a stimulus that made everyone put forth all his energies. Beds, furniture, cooking utensils—first the stores of the Dobryna, then the cargo of the tartan—all were carried down with the greatest alacrity, and the diminished weight combined with


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206 admonitions on other subjects, which mark the turning of the tide from Catholic orthodoxy. The clergy were interdicted from indulging any longer in the polemics of theology. 'To keep unity and quietness in the realm it' was 'ordained that no preachers' should 'contend openly in the pulpit one against another, nor uncharitably deprave one another in open audience. If any of them' were 'grieved one with another,' they were to 'complain to the King's Highness or the Archbishop or Bishop of the diocese.' They were 'purely, sincerely, and justly' to 'preach the Scripture and words of Christ, and not mix them with men's institutions, or make men believe that the force of God's law and man's law was the like.' On subjects such as purgatory, worship of saints and relics, marriage of the clergy, justification by faith, pilgrimages and miracles, they were to keep silence for one whole year, and not to preach at all.

These instructions express distinctly the convictions of the Government. It would have been well if the clergy could have accepted them as they were given, and submitted their understandings once for all to statesmen who were wiser than themselves. The majority (of the parish clergy at least) were perhaps outwardly obedient; but the surveillance which the magistrates were directed to exercise proves that the exceptions were expected to be extensive; and in many quarters these precautions themselves were rapidly discovered to be inadequate. Several even of the most


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1534.] trusted among the bishops attempted an obstructive resistance. The clergy of the north were notoriously disobedient. The Archbishop of York was reported to have talked loosely of 'standing against' the King 'unto death.' The Bishop of Durham fell under suspicion, and was summoned to London. His palace was searched and his papers examined in his absence; and the result, though inconclusive, was unsatisfactory. The religious orders again (especially the monks of such houses as had been implicated with the Nun of Kent) were openly recusant. At the convent at Sion, near Richmond, a certain Father Ricot preached as he was commanded, 'but he made this addition, that he which commanded him to preach should discharge his conscience: and as soon,' it was said, 'as the said Ricot began to declare the King's title,' 'nine of the brethren departed from the sermon, contrary to the rule of their religion, to the great slander of the audience.' Indeed it soon became evident that among the regular clergy no compliance whatever was to be looked for; and the agents of the Government began to contemplate the possible consequences, with a tenderness not indeed for the prospective sufferers, but for the authorities whom


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208 they would so cruelly compel to punish them. 'I am right sorry,' wrote Cromwell's secretary to him, 'to see the foolishness and obstinacy of divers religious men, so addict to the Bishop of Rome and his usurped power, that they contemn counsel as careless men and willing to die. If it were not for the opinion which men had, and some yet have, in their apparent holiness, it made no great matter what became of them, so their souls were saved. And for my part, I would that all such obstinate persons of them as be ready to die for the advancement of the Bishop of Rome's authority were dead indeed by God's hand, that no man should run wrongfully into obloquy for their just punishment.'

But the open resistance of mistaken honesty was not the danger which the Government most feared. Another peril threatened their authority, deeper and more alarming by far. The clergy possessed in the confessional a power of secret influence over the masses of the people, by which they were able at once (if they so pleased) to grant their penitents licenses for insincerity, to permit them to perjure themselves under mental reservations, and to encourage them to expiate a venial falsehood by concealed disaffection. The secrets of confession were inviolable. Anathemas the most fearful forbade their disclosure; and, secured behind this impenetrable shield, the Church might defy the most stringent provisions, and baffle every precaution.

From the nature of the case but little could transpire


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— billinghurst  sDrewth  04:08, 9 September 2012 (UTC)

title: User talk:Brent1023


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1534.] of the use or the abuse which was made at such a time of so vast a power; but Cromwell, whose especial gift it was to wind himself into the secrets of the clergy, had his sleuth-hounds abroad, whose scent was not easily baffled. The long tyranny of the priesthood produced also its natural retribution in the informations which were too gladly volunteered in the hour of revenge; and more than one singular disclosure remains among the State Papers, of language used in this mysterious intercourse. Every man who doubted whether he might lawfully abjure the Pope, consulted his priest. Haughton, the Prior of Charterhouse, in all such cases, declared absolutely that, the abjuration might not be made. He himself refused openly; and it is likely that he directed others to be as open as himself. But Haughton's advice was as exceptional as his conduct. Father Forest, of Greenwich, who was a brave man, and afterwards met nobly a cruel death, took the oath to the King as he was required; while he told a penitent that he had abjured the Pope in the outward, but not in the inward man, that he 'owed an obedience to the Pope which he could not shake off,' and that it was 'his use and practice in confession, to induce men to hold and stick to the old fashion of belief.'

Here, again, is a conversation which a treacherous penitent revealed to Cromwell; the persons in the


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210 being the informer, John Staunton, and the confessor of Sion Monastery, who had professed the most excessive loyalty to the Crown. The informer, it must be allowed, was a good-for-nothing person. He had gone to the confessor, he said, to be shriven, and had commenced his confession with acknowledging 'the seven deadly sins particularly,' 'and next the misspending of his five wits.' As an instance of the latter, he then in detail had confessed to heresy; he could not persuade himself that the priest had power to forgive him. 'Sir,' he professed to have said to the confessor, 'there is one thing in my stomach which grieveth my conscience very sore; and that is by reason of a sermon I heard yesterday of Master Latimer, saying that no man of himself had authority to forgive sins, and that the Pope had no more authority than another bishop; and therefore I am in doubt whether I shall have remission of my sins of you or not, and that the pardon is of no effect.'

The priest answered, 'That Latimer is a false knave;' and seven or eight times he called him false knave, and said he was an eretycke. 'Marry, this I heard Latimer say,' the confessor continued, 'that if a man come to confession, and be not sorry for his sins, the priest hath no power to forgive him. I say the Pope's pardon is as


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Author:Edith Wingate Rinder

Translations

 * The Massacre of the Innocents by Maurice Maeterlinck
 * Saint Nicholas Eve by Camille Lemonnier

title: Author:Edith Wingate Rinder


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Author talk:Edith Wingate Rinder

1911 census
Edith Wingate Rinder Spouse: 	Joseph Francis Rinder Birth: 	abt 1865 - Ludford, Lincoln, England Marriage: 	1890 Residence: 	2 Apr 1911 - St Marylebone, London, England

Name 	Relation to Head 	Birth Date 	Age 	Gender 	Marital Status 	Years Married 	Occupation 	Birth Place 	Address Joseph Francis Rinder 	Head 	abt 1864 	47 	Male 	Married 	 	ART CRITIC 	Ness, Caithness, Scotland 	21 Woronzow Road, St John's Wood, London N W Edith Wingate Rinder 	Wife 	abt 1865 	46 	Female 	Married 	21 	add 	LUDFORD, Lincoln, England 	21 Woronzow Road, St John's Wood, London N W Esther Mona Wingate Rinder 	Daughter 	abt 1901 	10 	Female 	  	  	SCHOOL 	St John 	21 Woronzow Road, St John's Wood, London N W William Warburton Rinder 	Brother-in-law 	abt 1867 	44 	Male 	Widowed 	  	MEDICAL PRACTITIONER 	LUDFORD, Lincoln, England 	21 Woronzow Road, St John's Wood, London N W Wilhelmina Warburton Rinder 	Niece 	abt 1897 	14 	Female 	  	  	SCHOOL 	Ridge, Cambridge, England 	21 Woronzow Road, St John's Wood, London N W

England & Wales, National Probate Calendar (Index of Wills and Administrations)
RINDER Edith Mary Wingate of 21 Woronzow Road St. Johns Wood London N.W.8 widow died 2 January 1962 Probate London 12 June to Ester Mona Wingate Harvey (wife of Charles Ramsay Covington Harvey) and Christopher Walter Bower and Jeremy Pemberton solicitors. Effects £43126 8s. 2d.
 * 1962 > R p.262

title: Author talk:Edith Wingate Rinder


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Page:Public General Statutes 1896.djvu/503

A.D. 1896.]


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402 extended to include a power to make regulations for the application of those moneys towards defraying any costs incurred at any time after the passing of the said Act of 1891 in providing such cottages.

40.—(1.) Where an absolute order for the sale of an estate, comprising holdings to which this section applies, has been made under the Landed Estates Court (Ireland) Act, 1858, and either a receiver has been appointed over the estate or the estate is so circumstanced that it would independently of this Act be sold without the consent of the owner as to price, the following provisions shall have effect: —
 * (a.) The Land Commission shall, at the request of the Land Judge, cause the estate to be inspected, and a report to be made by two Commissioners respecting the estate, and the circumstances thereof, and the price at, and the Conditions under which, the sale of the holdings to the tenants under the Land Purchase Acts can properly be made:
 * (b.) The Land Judge, after giving all parties, including the tenants, an opportunity of being heard, and considering the report and any offers that may be made for the purchase of the estate or any part thereof, and any other matters that may be brought before him, and the general circumstances of the estate, shall make to the person appearing to be in occupation as tenant of each holding on the estate an offer to sell to him the fee-simple of the holding, discharged from the arrears of rent then due from him in respect thereof, at such price, and subject to such conditions, whether as to the payment of part of the price in cash, or as to the offer to one tenant being conditional on the acceptance by other tenants of the offers made to them within a limited time, or otherwise, as the Land Judge may consider reasonable and just, having regard to the interest of all persons interested in the estate:
 * (c.) The offer shall be communicated in such manner as the Land Commission think fit to the person appearing to be in occupation as tenant, and, if it is accepted, then on fulfilment of the conditions the said person shall be deemed to have agreed to purchase the holding within the meaning of the Land Purchase Acts, and the sale shall be completed accordingly:
 * (d.) If it appears to the Land Judge that the tenants of holdings on the estate to the extent of not less than three-fourths in number and value according to the rateable value under the Irish Valuation Acts, have accepted the offers under this section, he may, if, having regard to the circumstances of the case he thinks it expedient, order that the remaining tenants or any of them shall be deemed to have accepted the offers made to them, and this section and the Land Purchase Acts shall apply accordingly; provided that such order shall not apply to any tenant if the purchase-money of his holding would exceed the limitation on the amount of the advance imposed by section two of the Purchase of Land (Ireland)


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1896.

Amendment Act, 1888, and the holding of such tenant shall not be taken into consideration in estimating the three-fourths above mentioned:
 * (e.) Subject to the prescribed rules, including rules as to security for costs, any person aggrieved by any order of the Land Judge made under this section may, with the leave of the Land Judge or of the Court of Appeal, appeal to the Court of Appeal, whose decision shall be final:
 * (f.). Whre a receiver has been appointed over part of an estate this section shall apply to that part in like manner as if it were an estate:
 * (g.) The foregoing provisions of this section shall apply only to holdings which are agricultural or pastoral, or partly agricultural and partly pastoral.

(2.) Any person in occupation of and paying rent for a parcel of land (including the owner of an estate in occupation of a mansion house or demesne forming part of the estate) held under a letting by the Land Judge or Receiver Judge may agree to purchase such parcel of land, and the same shall be deemed a holding, and such person a tenant, and the Land Judge or Receiver Judge, as the case may be, a landlord within the meaning of the Land Purchase Acts.

(3.) At any time after an absolute order for the sale of an estate or part of an estate has been made in pursuance of the Landed Estates Court (Ireland) Act, 1858, the foregoing provisions of this section so far as they are applicable may upon the application of the owner be applied to such estate, although a receiver has not been appointed over the estate, and the estate is not so circumstanced that it would, independently of this Act, be sold without the consent of the owner as to price; provided that no advance shall be made to the owner to purchase any mansion house or demesne forming part of the estate.

(4.) Rules under Part Two of this Act may be made for carrying into effect this section.

41. Any person aggrieved by the order of a Land Commissioner acting alone in carrying the Land Purchase Acts as amended by this Act into effect may, if such Commissioner was not a Judicial Commissioner and the question is one of law, require the case to be reheard by a Judicial Commissioner, and in any other case may require the question to be reconsidered by a Judicial Commissioner and two other Commissioners, one of whom shall be a Commissioner appointed under the Purchase of Land (Ireland) Act, 1885, except where, owing to unavoidable absence, illness, or a vacancy in office,such a. Commissioner is not available; provided that if the Judicial Commissioner thinks it desirable the case shall be re-heard by those three Commissioners. 42. A mortgagee in possession with power of sale shall for all the purposes of the Land Purchase Acts be deemed to be a landlord.


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404 PART IV.

43.—(1.) Where the Congested Districts Board have agreed to purchase land, whether in a congested districts county or elsewhere, the Land Commission, on a request from the Board Board under stating the congested districts county for the benefit of which the the Land is purchased, and the amount of the purchase-money, shall be subject as in this section mentioned advance the purchase-money to the Board in like manner as if the Board were a tenant purchasing his holding under the Land Purchase Acts as amended by this Act.

(2.) The advance shall not be made, if it exceeds, or together with any previous advance on account of the county for the benefit of which the land is purchased not repaid or written off will exceed, twenty-five times the share of the county in the interest on the church surplus grant (referred to in section thirty-five of the Purchase of Land (Ireland) Act, 1891), after deducting from that share any prior charges, whether under this section or otherwise, including such proportion of contingent charges under Part Two of the Purchase of Land (Ireland) Act, 1891 , as the Treasury may fix.

(3.) The advance shall be repaid by the board by an annuity of the same amount, and involving the same interest and sum for repayment of capital, as if it were an annuity payable by a tenant purchasing his holding, and the amount of such annuity shall be deducted by the Land Commission from the interest on the church surplus grant.

(4.) Where the Land Commission make an advance to a tenant for the purchase of his holding from the Congested Districts Board, the amount of the advance shall be written off the debt due from the Board for advances made to them on account of the congested districts county for the benefit of which the Board purchased the land, in such manner as may be arranged between the Land Commission and the Board, and shall be treated as the redemption of a proportionate part of the annuities payable by the Board to the Land Commission.

(5.) Where land is purchased by the Congested Districts Board for the benefit of more than one congested districts county, the Board shall state in their request to the Land Commission the proportion of the purchase money which is to be treated as being advanced for the benefit of each county.

(6.) The Land Commission shall not make any advance in respect of any purchase by a tenant from the Bowl of a small holding, as defined in the Purchase of Land (Ireland) Act, 1891. The Congested Districts Board shall not buy any land held under a lease for a term of years of which less than sixty are unexpired at the time of the sale, unless they hold or buy the reversion expectant upon the determination of such lease. 44.—(1.) The Congested Districts Board may sell land to a tenant of a small holding for the price agreed upon, and credit the purchaser with the whole or any part of the purchase money,


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1896.

and such purchase money shall be secured to the satisfaction of the Part IV. Board, and be payable by such annuity payable half-yearly, and calculated at such rate of interest, as may be agreed on.

(2.) For carrying such sale into effect the Trustees of the Congested Districts Board may convey the land to the purchaser charged with the said annuity; but the conveyance shall not operate to convert the interest of the purchaser in the holding into real estate.

(3.) The particulars of any such conveyance may be communicated to the Land Commission, and thereafter they shall issue half-yearly applications for payment of the half-yearly instalments of the annuity charged on the holding, and shall credit or pay to the Congested Districts Board all sums received by the Commission in respect thereof, and shall furnish to the Board particulars of all instalments for which they issue applications under this section, showing which have and which have not been paid.

(4.) The Trustees of the Congested Districts Board shall have for the recovery of any such instalments unpaid the same remedies as the Land Commission have for the recovery of unpaid instalments of an annuity under the Land Purchase Acts.

{5.) Holdings purchased under this section, while subject to any annuity for the payment of purchase money, shall not be subject to the provisions of the Local Registration of Title (Ireland) Act, 1891, but shall be subject to all the provisions of the Land Purchase Acts respecting a holding subject to an annuity under those Acts; and the power under those provisions to require a holding to be sold when subdivided by reason of the death of the proprietor may be exercised within twelve months after the subdivision becomes known to the Congested Districts Board, notwithstanding that it is more than twelve months after the death.

(6.) Whenever, upon the amalgamation of small holdings, part of the amalgamated holding is subject to an annuity under this section, and the amalgamated holding is not a small holding, the Congested Districts Board may agree with the occupier of such amalgamated holding for the purchase by him of that holding under the Land Purchase Acts, and the Land Commission may sanction the agreement and make an advance as if such occupier was in occupation of the whole of such holding under a contract of tenancy.

(7.) On such last-mentioned advance being made by the Land Commission, the balance of the principal of the purchase money payable by the annuity under this section shall be treated as repaid to the Board out of the advance, and the purchaser and the holding shall be discharged from all liability in respect of the said annuity.

45. Rules for carrying into effect this Part of this Act may be made by the Lord Lieutenant after communication with the Land Commission and the Congested Districts Board.


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406 PART V.

46. Section thirteen of the Purchase of Land (Ireland) Act, of 1891, hereby re-enacted, and shall have effect following: Twelve months of the commencement of this Act shall be substituted for six months of the passing of this Act.

47.—(1.) Where the tenancy of a holding has been determined at any time after the first day of May one Thousand thousand eight hundred and seventy-nine, the landlord or the former tenant of the holding, of tenant or or both jointly, may within twelve month of the commencement of said Act, apply in the prescribed manner to the Land Commission to act as mediators with a view to the reinstatement of the tenant the holding or with a view to the purchase of the holding by the tenant.

(2.) Upon any such joint application with a view to reinstatement the Land Commission may declare the terms and conditions as to rent, and the payment of arrears, or otherwise, upon which they consider that- it would be reasonable that the former tenant should be reinstated in the holding, and upon the parties consenting within the proscribed time and in the prescribed manner may make an order reinstating the tenant in his holding upon the said terms and conditions.

(3.) Upon any such joint application with a view to the sale of the holding, the Land Commission may declare the amount of the advance which they are prepared to sanction, and the conditions (if any) to be fulfilled previously to the making of such advance, and upon the parties consenting within the prescribed time and in the prescribed manner, may order an advance, subject to the said conditions; in like manner as if an agreement had been made under section thirteen of the Purchase of Land (Ireland) Act, 1891,, as re-enacted by this Act.

(4.) Upon such application, whether for reinstatement or for a sale being made by either the landlord or the former tenant of the holding, the Land Commission may, if they think fit after making such inquiry as they think advisable, serve in the prescribed manner upon the party not having made the application a notice calling tipon him to state whether he consents to the application being treated as a joint application, and, if the party so served does not within the prescribed time after such service object, a joint application within the meaning of the section shall be deemed to have been made for reinstatement or for a sale, as the case may be, and the Land Commission may thereupon proceed under this section accordingly. (5.) Every order under this section shall be binding upon all persons, and be final and conclusive.

(6.) An order under this section shall not be made in the case of a holding which, on the first day of January one thousand eight hundred and ninety-six, was in the occupation of a tenant.


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176 the downhill route to make the labor proceed with incredible briskness.

Although Professor Rosette yielded to the pressure of circumstances, and allowed himself to be conducted to the lower regions, nothing would induce him to allow his telescope to be carried underground; and as it was undeniable that it would certainly be of no service deep down in the bowels of the mountain, it was allowed to remain undisturbed upon its tripod in the great hall of Nina's Hive.

As for Isaac Hakkabut, his outcry was beyond description lamentable. Never, in the whole universe, had a merchant met with such reverses; never had such a pitiable series of losses befallen an unfortunate man. Regardless of the ridicule which his abject wretchedness excited, he howled on still, and kept up an unending wail; but meanwhile he kept a keen eye upon every article of his property, and amidst universal laughter insisted on having every item registered in an inventory as it was transferred to its appointed place of safety. Servadac considerately allowed the whole cargo to be deposited in a hollow apart by itself, over which the Jew was permitted to keep a watch as vigilant as he pleased.

By the 10th the removal was accomplished. Rescued, at all events, from the exposure to a perilous temperature of 60° below zero, the community was installed in its new home. The large cave was lighted by the Dobryna's lamps, while several lanterns, suspended at intervals along the acclivity that led to their deserted quarters above, gave a weird picturesqueness to the scene, that might vie with any of the graphic descriptions of the "Arabian Nights' Entertainments."

"How do you like this, Nina?" said Ben Zoof.

"Va bene!" replied the child. "We are only living in the cellars instead of upon the ground floor."

"We will try and make ourselves comfortable," said the orderly.

"Oh yes, we will be happy here," rejoined the child; "it is nice and warm."

Although they were as careful as they could to conceal their misgivings from the rest, Servadac and his two friends could not regard their present situation without distrust. When alone, they would frequently ask each other what would become of them all, if the volcanic heat should really be subsiding, or if some unexpected perturbation should retard the course of the comet and compel them to an indefinitely prolonged residence in their grim abode. It was scarcely likely that the comet could supply the fuel of which ere long they would be in urgent need. Who could expect to find coal in the bowels of Gallia,—coal, which is the residuum of ancient forests mineralized by the lapse of ages? Would not the lava-cinders exhumed from the extinct volcano be their last poor resource?

"Keep up your spirits, my friends," said Servadac; "we have plenty of time before us at present. Let us hope that as fresh difficulties arise, fresh ways of escape will open. Never despair!"

"True," said the count; "it is an old saying that 'Necessity is the mother of invention.' Besides, I should think it very unlikely that the internal heat will fail us now before the summer."

The lieutenant declared that he entertained the same hope. As the reason for his opinion he alleged that the combustion of the eruptive matter was most probably of quite recent origin, because the comet before its collision with the earth had possessed no atmosphere, and that consequently no oxygen could have penetrated to its interior.

"Most likely you are right," replied the count; "and so far from dreading a failure of the internal heat, I am not quite sure that we may not be exposed to a more terrible calamity still?"

"What?" asked Servadac.

"The calamity of the eruption breaking out suddenly again, and taking us by surprise."

"Heavens!" cried the captain, "we will not think of that."

"The outbreak may happen again," said the lieutenant, calmly; "but it will be our fault, our lack of vigilance, if we are taken by surprise." And so the conversation dropped.

The 15th of January dawned; and the comet was 220,000,000 leagues from the sun.

Gallia had reached its aphelion.

ENCEFORTH, then, with a velocity ever increasing, Gallia would re-approach the sun. Except the thirteen Englishmen who had been left at Gibraltar, every living creature had taken refuge in the dark abyss of the volcano's crater.

And with those Englishmen, how had it fared?

"Far better than with ourselves," was the sentiment that would have been universally accepted in Nina's Hive. And there was every reason to conjecture that so it was. The party at Gibraltar, they all agreed, would not, like themselves, have been compelled to have recourse to a stream of lava for their supply of heat; they, no doubt, had had abundance of fuel as well as food; and in their solid casemate, with its substantial walls, they would find ample shelter from the rigor of the cold. The time would have been passed at least in comfort, and perhaps in contentment; and Colonel Murphy and Major Oliphant would have had leisure more than sufficient for solving the most abstruse problems of the chess-board. All of them, too, would be happy in the confidence that when the time should come, England would have full meed of praise to award to the gallant soldiers who had adhered so well and so manfully to their post.

It did, indeed, more than once occur to the minds both of Servadac and his friends that, if their condition should become one of extreme emergency, they might, as a last resource, betake themselves to Gibraltar, and there seek a refuge; but their former reception had not been of the kindest, and they were little disposed to renew an acquaintanceship that was marked by so little cordiality—not that they expected to meet with any inhospitable rebuff. Far from that; they knew well enough that Englishmen, whatever their faults, would be the last to abandon their fellow-creatures in the hour of distress. Nevertheless, unless the necessity became far more urgent than it had hitherto proved, they resolved to endeavor to remain in their present quarters. Up till this time no casualties had diminished their original number, but to undertake so long a journey across that unsheltered expanse of ice could scarcely fail to result in the loss of some of their party.


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Author:Henry Boguet

Works

 * Discours exécrable des Sorciers (1602)
 * An Examen of Witches (1619)

title: Author:Henry Boguet


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Page:Public General Statutes 1896.djvu/427

1896.

(7.) For the purposes of this section, the expression "former tenant" shall include the heir or personal representative, as the case may be, of the former tenant.

PART VI.

48.—(1.) In this Act, unless the context otherwise requires—

The expression "dwelling-house" includes any out-house, curtilage, and garden appurtenant thereto:

The expressions "landlord" and "tenant" include respectively the predecessors in title of a landlord or tenant:

The expression "limited owner" means a limited owner within the meaning of section twenty-six of the Landlord and Tenant(Ireland) Act, 1870, and includes any person having the powers of a tenant for life under the Settled Land Acts, 1882 to 1890:

The expression "lease" includes an agreement for a lease:

The expression "Land Law Acts " means the Land Law (Ireland) Act, 1881 except Part. V. thereof, the Land Law (Ireland) Act; 1887 {{RL sidenote|50 & 51 Vict. c. 33, except Part II, and the Land Law (Ireland) Act,,' and the Timber (Ireland) Act, 1888, and the Land Law (Ireland) Act, 1888, Amendment Act, 1889,{{RL sidenote|51&52 Vict. cc. 13,27}} and the Redemption of Rent (Ireland) Act, 1891 {{RL sidenote|52 & 53 Vict. c.59}}, and does not include the Landlord and Tenant (Ireland) Act, 1870 {{RL sidenote|54& 55 Vict. c.57.}}, except so far as the provisions of it are necessary for giving effect to the above-mentioned portion of the Land Law (Ireland) Act, 1881 {{RL sidenote|33&34 Vict. c. 46.}}

The expression "Land Purchase Acts" means the {{RL sidenote|54 & 55 Vict cc. 48, 57}} Purchase of Land (Ireland) Act, 1891, the Land Purchase Acts as therein defined, and the Redemption of Rent (Ireland) Act, 1891:

The expression "permanent building" shall include permanent structures and sea and river embankments having a permanent character:

The expression "judicial rent" means a fair rent, whether fixed by the court or by agreement or arbitration or by demand of the landlord accepted by the tenant, and any reference to an application to fix a fair rent shall include a reference to an agreement to fix a fair rent or to refer to arbitration the fixing of a fair rent, or to the demand of an increased rent by the landlord:

The expression "prescribed" means prescribed by rules made by the Land Commission, save that where the expression refers to financial matters it shall mean prescribed by rules made by the Treasury, and where the expression, relates to matters connected with the Land Judge it shall mean prescribed by rules made under Part Two of this Act:

The expression "Receiver Judge" means the judge assigned under section nineteen of the Purchase of Land (Ireland) Act,1885, {{RL sidenote|48 & 49 Vict. c.73.}} for the execution of the duties in that section mentioned. (2.) In the definition of " holding" contained in the Land Law (Ireland) Act, 1881 {{RL sidenote|44 &45 Vict. c. 49}}, " parcel of land " shall be deemed to include an undivided share of land, whether held alone, or held under the same contract of tenancy with land held in severalty. {{nop}} {{sidenotes end}}