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162 contrived to put an end to the extortions practised by the collectors of taxes and by the administrators of the royal patrimony (conductores villici) to the detriment of the State funds. It appears that, in the name of Theodoric, the Peninsula was at one time governed by two officials, viz. Ampelius and Liberius, and at another by one alone, viz. Theudis. Some of the chronicles allude to these officials as consules, and it is probable that their authority extended over every branch of the administration. On the death of Theodoric in 526, his ward Amalaric assumed complete royal power over the Visigoths. The Frankish peril, which had hitherto been held at bay by the prestige of the Ostrogoths, still presented a threatening aspect. The sons of Clovis were longing to extend their dominion in Gaul by the conquest of the part occupied by the Visigoths. Amalaric attempted to avert the danger by means of an alliance and, after repeated demands, he succeeded in obtaining the hand of Clotilda, daughter of Clovis; but this marriage, which he had regarded as a means of salvation, supplied the Frankish kings with the very pretext they desired. Amalaric did his utmost to make Clotilda abjure the Catholic Faith and embrace Arianism, and according to Gregory of Tours actually ill-treated her. Clotilda made complaint to her brother Childebert, and he hastened to declare open war in Septimania. Near Narbonne he defeated the army of Amalaric (531); the latter fled, but, according to Jordanes and Isidore, he was shortly afterwards slain by his own soldiers. Childebert took possession of Narbonne, where he joined his sister, and seized considerable treasure.

The position of the Visigoths could hardly have been worse. Without the hope of finding a powerful defender such as Theodoric, they found themselves threatened by the Franks, a nation naturally warlike, and further emboldened by its conquest of Aquitaine. In fact, dating from the defeat of Amalaric, the Visigothic kingdom may be regarded as consisting of Spanish territory, and its capital was then transferred from Gaul to the Iberian peninsula. But they had the good fortune to find a man who was equal to the occasion. This was Theudis the Ostrogoth, who had been governor of Spain in the time of Theodoric, and who had settled in the Peninsula, where he had married a very wealthy Spanish woman, the owner, according to Procopius, of more than 2000 slaves and dependents. When Theudis had been formally elected king, he began to make preparations for the ejection of the Franks, who, in this same year (531), had entered the kingdom by way of Cantabria, and in 532 had annexed a small territory near Béziers. In 533 Childebert joined forces with his brother, Chlotar I, invaded Navarre, took possession of Pampeluna, and marched as far as Saragossa, to which he laid siege. The inhabitants resisted bravely: thus the Visigoths had time to send two armies to their assistance; of these one was commanded by Theudis himself, and the other by his general Theudegesil. At their approach the Franks retreated as far


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User talk:Chrisguise/Archives/2018

Using page headers but not page quality
Please note. We don't insert page quality information directly into the page; the system handles that for us automatically. Also, page headers (including the chapter title and page numbers) should be placed in the header window when editing, not in the page itself. --EncycloPetey (talk) 21:50, 20 June 2018 (UTC)

ligatures and hyphens
Templates like oe exist so that people can enter them quickly from a keyboard. Usages of that template get replaced later with the actual symbol "œ". We don't want the template in the text.

Templates like hws and hwe exist to join hyphenated words across page breaks, not within the body of a page. --EncycloPetey (talk) 17:52, 22 June 2018 (UTC)

Typos: The Laureate's name is "Cibber", not "Gibber". --EncycloPetey (talk) 19:57, 22 June 2018 (UTC)

Also, when you need the actual text " ' in a page, don't type it directly. Use the template, or it's cognate  . They add a thin space between the punctuation marks, so that they don't run together. (actually, it cheats and uses CSS, now that I look at it) Technically, in proper typography, there should be thinspaces or hairspaces many more places.... like "left — right", not "left—right", but people either don't know or don't bother. This is also why you should use  , or the ellipsis character …, instead of ". . ." or "...". Simlarly, people use hyphens instead of endashes constantly, but that mistake is almost impossible to notice in most fonts. Typewriter quotes are also wrong, but nobody cares. They look like crap, though. Jarnsax (talk) 02:34, 25 June 2018 (UTC)

 * And don't do this... . Using smaller block inside of block center results in a centered block in which inter-line spacing is broken, and the whole purpose of is to render text exactly as typed, including line breaks... it makes   redundant. Instead use one of the other methods described at Help:Poem. Jarnsax (talk) 03:10, 25 June 2018 (UTC)

Collected Works of Ambrose Bierce
You are aware that, for all the pages you've created, none are included in the volume you're assembling, and all the links in the header are defective? --EncycloPetey (talk) 19:48, 27 July 2018 (UTC)

Where are you getting the date of 1891? The scan's title page says it was published in 1909. --EncycloPetey (talk) 23:55, 6 August 2018 (UTC)

Visual Editor
Hi. There is most likely an issue with Visual Editor (see Scriptorium/Help discussion). Please stop using it as pages will need rework. Thanks.— Mpaa (talk) 15:32, 18 August 2018 (UTC)

Quote marks
Just a friendly reminder that per the Style guide we would rather use straight quotes like "this" rather than curly ones like “this”. (The difference is more obvious when you're looking at the source editor.) This is specifically in reference to this edit, but just something you should keep in mind in general.

Best, Mukkakukaku (talk) 06:10, 20 August 2018 (UTC)

You're making a bit of a mess
I am not sure what you are doing and why. However, the works are transcluded, then you change the configuration, then retransclude pages, and away from the style that has been used for the whole journal. Have a look at special:prefixindex/Transactions of the Linnean Society of London/Volume 12 and now you are adding something starting with "Article". You had already transcribed them as chapters, which I had moved and commented in situ, and you should be able see informative aspects through Special:RecentChangesLinked/Index:Transactions of the Linnean Society of London, Volume 12.djvu — billinghurst  sDrewth  22:47, 16 September 2018 (UTC)

Prev/Next in The Yellow Book/Volume 7
Hi. These need fixing. — billinghurst  sDrewth  21:46, 30 September 2018 (UTC)

Yes, I know - but I need to do the 2nd contents page first and then work out the order of entries because the prose and the art are interleaved.

Page titles not matching their transclusions
Can you please look again at these pages. Also is it "Loing"? — billinghurst  sDrewth  03:35, 5 October 2018 (UTC)
 * The Yellow Book/Volume 7/An Old Campaigner
 * The Yellow Book/Volume 7/On the Loing

Wikidata connections for authors
We connect author pages over at Wikidata, as I have done at https://www.wikidata.org/w/index.php?title=Q763176&diff=prev&oldid=768822289. this will enable data there to be imported, be it years of life, image, etc. (follow the Search link) Just need to create the page here with the basics, then connect over there. Refresh the page here and VOILA! — billinghurst  sDrewth  21:28, 20 October 2018 (UTC)

gap
Just a note to let you know that a standard is 2em in length. There is no need to write it out as gap|2em. Londonjackbooks (talk) 04:58, 28 October 2018 (UTC)

div and span
Hi. Please stop doing this, it generates a lint error: 74. Do this instead, if you want to keep the size: 74. BTW, there is no much point in formatting headers/footer, they are not transcluded anyhow. Thanks— Mpaa (talk) 23:12, 26 November 2018 (UTC)

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

title: User talk:Chrisguise/Archives/2018


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533-554] as the Pyrenees. They were seriously defeated by the army of Theudis; but Theudegesil, whom they succeeded in bribing, permitted them to escape, and to bear with them the treasures which they had acquired during the campaign. Among these was the body of St Vincent, the martyr, for which they built near Paris a church, that afterwards known as St Germain-des-Près. After having thus ejected the Franks, Theudis undertook an expedition to the coast of Africa, which was being conquered by the army of the Byzantines. By this expedition, made in 543, Theudis only acquired temporary possession of Ceuta, which was shortly afterwards retaken by the Emperor, for in 544 Justinian alludes to it as his own. Four years later, in 548, Theudis was assassinated in Seville by a man who pretended to be mad. His successor, Theudegesil, only reigned for sixteen months. We know nothing more of him than that he was a man of immoral conduct, and that in 549 he too was assassinated in Seville.

The fact that the Visigoths possessed Seville does not mean that they ruled over the whole of Baetica. On the contrary, the greater part of it was independent, controlled by the Spanish-Roman nobles, who since the time of Majorian, and even before, had obtained possession of the country. Agila, the successor of Theudegesil, set himself to conquer these independent territories; he was defeated before Cordova by the Andalusians, who slew his son, and possessed themselves of the royal treasure. This defeat (which the chroniclers regard as a divine punishment for Agila's profanation of the tomb of St Acisclus), his tyrannical behaviour and his hostility to the Catholics, who constituted the bulk of the Spanish population, were turned to account by Athanagild, a Visigothic noble who had designs on the crown. In order to make sure of success, he solicited the support of the Emperor Justinian, who sent him a powerful army under the command of his general Liberius (544). The Byzantines were probably assisted by the inhabitants of the country who, on account of their Catholic Faith, were bound to welcome the imperial forces and the person of Athanagild, concerning whom Isidore himself states that he was secretly a Catholic. They had, therefore, no difficulty in possessing themselves of the most important towns on the coasts of the Mediterranean, more particularly those in the east and south, i.e. the district round Valencia, Murcia, and Andalusia. Agila was defeated near Seville by the combined forces of Athanagild and Liberius, and withdrew to Mérida, where he was assassinated by his own followers, who forthwith acknowledged the usurper.

Thus when Athanagild became king in 554, the power of Justinian in the Peninsula was extensive, for he was not content with playing the part of helper, but claimed a substantial acknowledgment of his services. It is probable that Athanagild rewarded him by an offer of territory, but we have no exact information on the subject, because the text of the treaty which ensued has not been preserved. But it is certain that Liberius


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278 difficulty recalled from its capture of the Persian baggage; the defeated troops now strengthened the enemy's centre and some of the Roman horse were forced to dismount to steady the ranks under Heraclius. But during a desperate hand-to-hand struggle the cavalry charged the Persians and the day was won: the left wing pursued the troops under Mebodes as far as Dara. Philippicus then began the siege of the fortress of Chlomara, but his position was turned by the forces under Kardarigan; a sudden panic seized the Roman commander, who fled precipitately under cover of night to Aphoumon. The enemy, suspecting treachery, advanced with caution, but encountered no resistance, while the seizure of the Roman baggage- train relieved them from threatened starvation. Across the Nymphius by Amida to Mount Izala Philippicus retreated: here the forts were strengthened and the command given to Heraclius, who in late autumn led a pillaging expedition across the Tigris.

The flight of Philippicus may well have been due, at least in part, to a fresh attack of illness, for in 587 he was unable to take the field, and when he started for the capital, Heraclius was left as commander in the East and at once began to restore order and discipline among the Roman troops.

Maurice's well-intentioned passion for economy had led him to issue an order that the soldiers' pay should be reduced by a quarter; Philippicus clearly felt that this was a highly dangerous and inexpedient measure — the army's anger might lead to the proclamation of a rival emperor; he delayed the publication of the edict, and it was probably with a view of explaining the whole situation to his master that, despite his illness, he set out for Constantinople. On his journey, however, he learned that he had been superseded and that Priscus had been appointed commander-in-chief. If Maurice had ceased to trust his brother-in-law let the new general do what he could: Philippicus would no longer stay his hand. From Tarsus he ordered Heraclius to leave the army in the hands of Narses, governor of Constantina, and himself to retire to Armenia; he further directed the publication of the fatal edict.

Early in 588 Priscus arrived in Antioch. The Roman forces were to concentrate in Monokarton; and from Edessa he made his way, accompanied by the bishop of Damascus, towards the camp with the view of celebrating Easter amongst his men But when the troops came forth to meet him, his haughtiness and failure to observe the customary military usages disgusted the army and at this critical moment a report spread that their pay was to be reduced. A mutiny forced Priscus to take refuge in Constantina, and the fears of Philippicus proved well founded. Germanus, commander in the Lebanon district of Phoenicia, was against his own will proclaimed emperor, though he exacted an oath that the soldiers would not plunder the luckless provincials. A riot at Constantina, where the Emperor's statues were overthrown, drove the fugitive Priscus to Edessa, and thence he was hounded forth to seek shelter in the capital.


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Rh Rhine were not fitted to meet the needs of a great State like the Frankish kingdom. A more complicated machinery became necessary. In point of fact the Merovingian institutions form a new system composed of elements partly Roman, partly Germanic; and the powerful influence of Christianity must not be left out of account. These elements were combined in varying proportions according to circumstances, and according to the needs and even the caprices of men. Moreover we must be careful not to think of the institutions as fixed and unchangeable. They are in a state of continual evolution, and those which obtained in Gaul in the time of Charles Martel are strikingly different from those which we find in the time of Clovis. It is the business of the historian to observe and to explain these changes.

During the whole of the Merovingian period the State is ruled by kings. The kingly office is hereditary and the sons succeed the father by an undisputed right. Each son inherits equally, and the kingdom is divided up into as many parts as there are sons. Daughters, who were excluded from possessing land, could not succeed to the kingdom. The people never interfered in the choice of the sovereign. It was only in rare cases that the great men elevated the king, to whom they had given their allegiance, on the shield and carried him round the camp. This was done by the Ripuarians when they put themselves under the rule of Clovis, after the assassination of their king; and again by the nobles of Chilperic's kingdom when they acknowledged Sigebert as their sovereign. In the case of an ordinary succession there was no special ceremony at which the king was invested with authority. Anointing was not practised in the Merovingian period. The kings merely adopted the custom of making, on their accession, a progress through their dominions and imposing an oath of fidelity upon their subjects. This is called regnum circumire. Sons who were minors were placed under the guardianship of their nearest relative. At twelve years old they were declared, according to the provisions of the Salic law, to be of age, and were thenceforth supposed to govern in their own name.

The king's official title was Rex Francorum, irrespective of the particular part of the country which he ruled. Some epithet such as gloriosus or vir inluster was usually added. The kings were distinguished by their long hair, and the locks of a prince who was to be deprived of his status were shorn. Chlotar I and Childebert I asked Clotilda whether she would rather see the hair of her grandsons, the sons of Clodomir, cut short, or see them put to death. The lance was also a royal emblem. Guntram presented a lance to Childebert II in token that he recognised him as heir to his dominions. Clovis wore a diadem. All these kings surrounded themselves with great magnificence and sat in state upon a golden throne. When they entered a town they threw money among the crowd, and their subjects greeted them with acclamations in various languages. The king ruled over Franks and


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392 he had stood godfather, and, touching the wood of the cross, swore that the children should suffer no harm; he even took the boy to Chalcedon and gave the same assurance to Valentine and his army; but, though Valentine allowed him to return, he refused to lay down his arms. By these acts the Emperor succeeded for a time in gaining the support of the capital. But the country round Chalcedon was covered with vineyards, many of which belonged to the citizens of Constantinople; and, when the vintage came on and the produce was reaped by Valentine's army, they cried loudly for an accommodation, directing their attack against the patriarch Pyrrhus, who was the strongest supporter of Martina and was suspected of having been concerned in the murder of Constantine, and insisting on the coronation of the young Heraclius. The Emperor then went to St Sophia and ordered Pyrrhus to crown his nephew: but the people insisted that according to custom he should do this himself; and they gave the new Augustus the name of Constantine, though to distinguish him from his father he was popularly known as Constans (Sept.). The feeling against Pyrrhus was however still unabated; and, after a mob had vainly sought him in the cathedral, and in revenge desecrated the sanctuary, on the following night he laid his stole on the altar in token of leave-taking (29 Sept.), and after hiding for a time escaped to Africa: and, though he had neither resigned nor been deprived, Paul was ordained to succeed him (Oct.).

Peace was now made, Valentine being appointed Count of the excubitors and receiving a promise that he should not be called to account for the money received from Philagrius, who was recalled from exile, and that his soldiers should receive a donative. The Caesar David was then crowned as a third emperor under the name of Tiberius, and Valentine marched to Cappadocia to act against the Arabs.

The peace was however of short duration. The troops in Cappadocia produced a letter purporting to have been written by Martina to a certain David, in which he was urged to attack Valentine, marry Martina, and depose Constans. Soldiers and people rose against the Empress under the leadership of Theodore the Armenian, who, having seized David in a fortress to which he had fled, cut off his head and had it exhibited all over the eastern provinces. On Theodore's return to Constantinople Martina was by decree of the Senate deprived of her tongue, and Heraclius and Tiberius of their noses, and they were all banished to Rhodes (Dec.). Constans thus became sole emperor.

All this must have been done at the instigation of Valentine, who after unsuccessful operations against the Arabs returned to Constantinople with a guard of 3000 men and forced Constans to give him the rank of Caesar (early in 643): but on strong opposition manifesting itself a compromise was made, whereby he gave up this title, but was made commander of the troops in the capital and gave his daughter in marriage to Constans. Two years later his tyrannical acts led to a


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398 pay tribute. The last raid was one in Isauria in the early part of 680. Peace having been thus secured on the east, the Khan of the Avars and other barbarian rulers sent presents and made treaties with the Emperor.

Meanwhile a theological controversy which seemed likely to cause a division between East and West and facilitate usurpations like that of Mzhezh was demanding the attention of the government. The disaffection of Egypt and the East arising from the Synod of Chalcedon had long been a menace to the Empire and had led to Zeno's attempt to restore union through the Henotikon and the attempt of Justinian to placate the Monophysites by the condemnation of the Three Chapters; but in neither case was permanent success attained. The rapid conquests of the Persians drew the attention of Heraclius to this state of affairs, and led him to try a plan suggested by the patriarch Sergius, himself a Syrian by birth, to whom it had occurred that the Monophysites might accept the expression "two natures" if satisfied that this did not imply two operations. About 618 accordingly Sergius wrote to the Egyptian George Arsas, one of the Paulianist section of the Monophysites, adherents of the patriarch Paul of Antioch, deposed in 578, asking for quotations in support of the doctrine of one operation, and suggesting a union on this basis. Further steps in this direction were however prevented by the Persian occupation of Egypt. In 622 again Heraclius during his Armenian campaign conversed with a Monophysite leader named Paul, to whom he propounded the doctrine of one operation, but without success. He then drew up an edict against Paul, which was sent to Arcadius of Cyprus, in which the doctrine of two operations was condemned. In 626, while in Lazica, he discussed the question with Cyrus, bishop of Phasis, who was doubtful on the point and wrote to Sergius for information. Sergius answered his objections and sent him a copy of a letter of Menas of Constantinople to Pope Vigilius in which one operation was asserted: by this Cyrus seems to have been satisfied. Communication with the East having been restored in 628, Sergius sent the letter of Menas to Theodore, bishop of Faran near Sinai, who expressed his assent. This correspondence and Menas' letter were then sent to the Monophysite Paul at Theodosiopolis.

After the recovery of the East the plan of reconciliation was taken up in earnest. In 630 or 631 Heraclius met the patriarch Athanasius at Hierapolis in Syria and promised him the official patriarchate of Antioch (vacant since 610) if he would accept communion with the Chalcedonians on the basis of the doctrine of one operation; and to this he was ready to consent; but, though some Jacobite monasteries, especially that of Maron in the Lebanon, accepted the union, the patriarch's death wrecked the scheme (631). In 631 the Armenian Catholicus, Ezra, came on the Emperor's invitation to Syria, was


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631-637] induced to accept the communion of the Chalcedonians, and on his return ratified the union at a synod at Theodosiopolis, but without formally recognising the Synod of Chalcedon. In 632, on the death of the patriarch George, Cyrus was appointed to the see of Alexandria and immediately opened negotiations with the chief Monophysite party in the city, the Theodosians. With these a union was effected by means of nine articles, in which the doctrine of two natures was asserted with a qualification, and one theandric operation maintained, while there was no acceptance of the Synod of Chalcedon or anathema against the Monophysite leaders (3 June 633).

At this point opposition arose. Sophronius, a Palestinian monk, who was then in Alexandria, entreated Cyrus not to make public proclamation of the articles; whereupon Cyrus referred him to Sergius to whom he gave him a letter. As Sergius was unable to convince Sophronius, who was a man of great influence, the attempt at union seemed likely to cause a new schism: accordingly he agreed to a compromise by which both expressions "one operation" and "two operations" were to be avoided; and Sophronius with a letter of explanation from Sergius returned to Jerusalem, where early in 634 he was chosen patriarch. Sergius meanwhile wrote to Cyrus in the sense of the compromise; but Cyrus, not wishing to undo his own work, did not immediately accept it. Receiving a request from Heraclius at Edessa to send the quotations in support of the doctrine of one operation and one will contained in the letter of Menas, Sergius did so, but suggested that the controversy should cease. He then wrote an account of the affair to Pope Honorius, proposing that both expressions "one operation" and "two operations" should be rejected as stumbling-blocks, but specially reprobating the latter as implying the doctrine of two wills, which he condemned as impious. In answer to this Honorius concurred in the banishment of both expressions, and maintained the doctrine of one will, the advocates of which are generally known as Monotheletes. Sophronius now sent his synodical letter to the patriarchs, in which in accordance with the compact he avoided the expression "two operations," but strongly asserted the doctrine implied in it. This letter Sergius ignored: but Honorius wrote to Sophronius begging him to let the dispute drop; and the messengers of Sophronius said that he would do so if Cyrus would do the same. To him therefore the pope also sent a request to cease preaching one operation. Sophronius however sent bishop Stephen of Dora to Rome to try to bring the pope round to his side; but the capture of Jerusalem (637) and his own death, which soon followed, prevented any further action on his part, while in Egypt the abandonment of the doctrine on which the union was built destroyed the union itself, and the violent measures used by Cyrus to enforce conformity made matters worse than before.

The next step on the part of Sergius was to compose the Ekthesis,


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Rh careful not to provoke a spirit. Still he cannot know everything; this is possible only for particular wizards of both sexes who have intercourse with the spirits of evil and whose help is sought in need and richly rewarded.

The world is the work of God, the creator of all good and useful beings and things, and of the devil who made the mountains, marshes, beasts of prey, poisonous plants, illnesses, etc. God breathed into man a good spirit, the devil an evil one. The Polesian is very much in the dark about the godhead itself: "God knows how many gods there are." The Christian saints are to him smaller, special gods; thus St Elias is god of thunder, George of cattle and game, Nicolas of fields, Cosmas and Damian of smiths. They stroll about in the world amusing themselves by playing all sorts of pranks on mankind. Noteworthy is the cult of fire, namely of the hearth-fire, which must never be allowed to go out and is transferred to any newly-occupied house. The White Russian heathenism (with a very thin varnish of Christianity) goes back to the earliest Slavs, and clear traces of it are still found among all the Slav peoples. It is identical with the Shamanism of the Altaians, with this difference — that what constituted the belief of large masses in Polesie was among the mounted nomads a Shaman mystery of which the mass of the people took no notice, observing only the hocus-pocus of the wizards. The attention of observers was mostly attracted by the fire-worship, and thus the Arabian geographer of the ninth century calls both the Slavs and the Altaian-Magyars fire-worshippers. According to Procopius the Slavs believed in one single chief god, denied Fate, and worshipped rivers, nymphs, and other. No traces of mythology have survived; the later-mentioned gods and their worship belong to the individual Slav peoples.

Many Slav peoples burned the bodies of the dead, others — among them the Polesians — buried them. But the burning of bodies must be attributed to the influence of foreign conquerors, namely the Germans. As a matter of fact the Norman Rōs likewise burned the bodies of the dead together with their self-destroyed widows (Ibn Faḍlān), and the widows of the Heruli also hanged themselves on their husbands' burial-mounds.

Polesie is still the most backward district of backward Russia. As a consequence and at the same time as a cause of the slender needs of the people we see no division of labour. The Slav had to make for himself his few utensils; and in these, judging by the buried remains which are very poor in metal articles, he displayed remarkable taste in form and ornament. He could only supply the external market with raw products — costly furs, wax, and honey — but it is not likely that he brought them to the market, for he himself was offered wholesale as a captured slave.

In our first volume it was shewn how the salt-desert zone of the


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The Tempest, III. iii

Wallets of flesh? or that there were such men

Whose heads stood in their breasts? which now we find

Each putter-out of five for one will bring us

Good warrant of.

Alon. I will stand to and feed,

Although my last; no matter, since I feel

The best is past—Brother, my lord the duke,

Stand to and do as we.

Ari. You are three men of sin, whom Destiny—

That hath to instrument this lower world

And what is in 't,—the never-surfeited sea

Hath caused to belch up you; and on this island

Where man doth not inhabit; you 'mongst men

Being most unfit to live. I have made you mad;

And even with such-like valour men hang and drown

Their proper selves. You fools! I and my fellows

Are ministers of fate: the elements

Of whom your swords are temper'd may as well

Wound the loud winds, or with bemock'd-at stabs

Kill the still-closing waters, as diminish

One dowle that's in my plume; my fellow-ministers

Are like invulnerable. If you could hurt,

Your swords are now too massy for your strengths,

And will not be uplifted. But, remember,—

For that's my business to you,—that you three

From Milan did supplant good Prospero;

Expos'd unto the sea, which hath requit it,

 48 putter-out one: insured voyager

54 to: as

60 proper: own

65 dowle: softest feather

66 like: similarly

71 requit: requited

title: Page:Tempest (1918) Yale.djvu/68


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424 evenings the village youths assemble in the streets and often promenade the whole night long singing in chorus their melancholy lyric songs. The White Russian has remained true to the ancient Slav character. According to Procopius, the Slavs were not malignant or villainous, but harmless and naive; "Mauricius" says, "They are hardened to heat, frost, wet, nakedness, and hunger, and are well-disposed to strangers." According to Adam of Bremen (died 1075) there was no more hospitable and kindly people than the Slavs of Pomerania. The variety of musical instruments among the Slavs struck the Arabian geographer of the ninth century, and all Slav peoples are still very musical.

The bottomless marshes of the Pripet were no sufficient protection from sudden raids and attacks; in winter the nomads could penetrate over the ice on their fleet horses far into the land, and in summer the pirates could use the rivers up to their sources. Defence was hopeless. This made the Old Slavs exceptionally unwarlike, and shy as the beast of the forest. In summer, when suddenly attacked, they had to disappear like frogs into the water or into the woods; in winter they had to take refuge behind the shelter of their numerous stockades. According to Procopius they fought without armour but with little shields and darts, some even without coat and cloak and with only an apron about their loins. But not even this wretched equipment was really Slavonic; it must have been borrowed from some German people, probably the warlike Heruli who fought in the same way.

Polesie is a land of exuberant fancy. A remarkable autumnal stillness is peculiar to its sea of marsh, a stillness not disturbed even by the humming of a gnat and only broken now and then by the gentle rustling of the rushes. To the fisherman as he glides at night in his punt over the smooth silver water it is as impressive as its contrast, the surging of the sea of reeds and the roaring of the forest in the storm-wind. This produced in the inhabitant an uncontrolled imagination which made him people the world of nature with spirits. To-day he still personifies sun, moon, fire, wood, marsh, will-o'-the-wisp, spring, and all else that is perceivable. But joy and sorrow, every illness, Sunday, every holiday, are also spirits. His house, stable, barn, threshing-floor have their own goblins, each with wife and children. To this must be added ancestor-worship. On certain days the father says at the evening meal "Holy ancestors, we invite you to come to us and eat of all that God has given to us, in which this house is rich — Holy ancestors, I pray you come, fly to us." Kneeling with bread and salt in his hands he prays to the spirit of the house and its wife and children, beseeching its favour and deliverance from all evil. The Polesian has only obscure ideas of a future life, but he has most definite knowledge of the wicked dead and their appearance as werewolves and vampires. So superstitious is he that he harbours in his mind a copious code of secret expedients for scaring away all evil spirits, and at every step he is


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58

Him and his innocent child: for which foul deed

The powers, delaying, not forgetting, have

Incens'd the seas and shores, yea, all the creatures,

Against your peace. Thee of thy son, Alonso,

They have bereft; and do pronounce, by me,

Lingering perdition,—worse than any death

Can be at once,—shall step by step attend

You and your ways; whose wraths to guard you from—

Which here in this most desolate isle, else falls

Upon your heads,—is nothing but heart-sorrow

And a clear life ensuing.

Pro. Bravely the figure of this harpy hast thou

Perform'd, my Ariel; a grace it had, devouring:

Of my instruction hast thou nothing bated

In what thou hadst to say: so, with good life

And observations strange, my meaner ministers

Their several kinds have done. My high charms work,

And these mine enemies are all knit up

In their distractions: they now are in my power;

And in these fits I leave them, while I visit

Young Ferdinand,—whom they suppose is drown'd,—

And his and mine lov'd darling.

Gon. I' the name of something holy, sir, why stand you

In this strange stare?

Alon. O, it is monstrous! monstrous!

 82 S. d. mows: grimaces

86 good life: lifelike art

87 observations strange: rare observance

88 kinds: parts, rôles

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70

Than pard, or cat o' mountain.

Ari. Hark! they roar.

Pro. Let them be hunted soundly. At this hour

Lie at my mercy all mine enemies:

Shortly shall all my labours end, and thou

Shalt have the air at freedom: for a little,

Follow, and do me service.

Pro. Now does my project gather to a head:

My charms crack not; my spirits obey, and time

Goes upright with his carriage. How's the day?

Ari. On the sixth hour; at which time, my lord,

You said our work should cease.

Pro. I did say so,

When first I rais'd the tempest. Say, my spirit,

How fares the king and's followers?

Ari. Confin'd together

In the same fashion as you gave in charge;

Just as you left them: all prisoners, sir,

In the line-grove which weather-fends your cell;

They cannot budge till your release. The king,

His brother, and yours, abide all three distracted,

And the remainder mourning over them,

Brimful of sorrow and dismay; but chiefly

Him that you term'd, sir, 'The good old lord Gonzalo':

 3 with his carriage: despite his burden

10 line-grove: lime-grove

11 till your release: till you release them

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title: Tempest (1918) Yale/Text/Act IV


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 fact, closely connected with the development of the university. No one would think of claiming that the university man ought not in all cases to be a man liberally educated. But one essential part of the idea and practice of a genuine university education is freedom of choice, on the pupil's part, as to the kind, if not the amount, of knowledges and disciplines in which he will attain his scientific culture. HH, then, any particular knowledges and disciplines are to be required as necessary for a liberal education, the enforcement of this requirement belongs to the secondary rather than to the university stage of education. In other words, if one hold that a "liberal education' should comprise a certain knowledge of, and training in, any branches of learning, one must also hold that such branches of learning should be rigidly required of the pupil in the preparatory school and early years of his college course. For, as we have seen, the preparatory school and the early years of the college course have hitherto constituted, and do still constitute, our means of secondary education in this country.

I have no hesitation in stating my conviction that a goodly amount of certain kinds of knowledges and disciplines is necessary for every education worthy to enjoy the distinction of being called "liberal." Therefore I am compelled, also, to hold that both the main courses of secondary


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 should require of all their pupils at least a certain amount of particular kinds of mental acquirement and culture, as a prerequisite to entrance upon university studies. This amount should be notably greater than that now exacted for admission to our highest-class colleges. In my judgment, it should be even somewhat greater than that now attained by the average junior in such colleges.

It is at once objected, to the proposal to enforce a considerable amount of training in definite branches of learning and culture upon every pupil, that the number of modern sciences is far too great to require even a smattering of them all in the secondary education. And, it is added, a smattering of many sciences is equivalent to no science; it is even positively injurious to the mind of the learner, while the attempt to enforce it makes a potpourri of education which is quite as unreasonable as that composed for themselves by some of those pupils who enjoy the freest exercise of choice. All this and more is undoubtedly true in objection to a certain way of working the principle of compulsion through the whole of the secondary education. But I have not urged that a certain large number of particular sciences should be enforced in the secondary education of every pupil. I have only spoken of an amount and number of knowledges and disciplines which are requisite for such a secondary education as will serve for a


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 foundation to a genuine university education. If there is any such amount and number of studies, then we cannot successfully develop the American university without settling this basis of requirement upon which the development must rest. The settlement of this question will not take place, in fact and life, through the dictum of any one man—not even though that man be learned in the theory of education or in a position favorable for forcing his convictions upon others. The settlement of this question will come only in time (and perhaps in a long time), as a growing consensus of the opinions of those most competent in such matters. The opinion which I have to express shall be modestly expressed; at most, it is only one man's opinion, except so far as it is in accord with the consensus of opinion already formed on the part of the most competent authorities.

A "liberal education" seems to me to include, of necessity, a goodly amount of four great branches of human knowledge and discipline; these are: language, including literature; mathematics and natural science; the science of man as an individual spirit who feels and thinks and acts in relation to the world of nature and of his fellows, and to God; and the development of the human race in history. All education preparatory to the university should require these studies to have been already pursued liberally; but the


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 ‘.3 .2 it it


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 So, a week later, they brought Chris home.

From breakfast-time that day the house was pervaded with a day-before-the-funeral feeling. Although all duties arising from the occasion had been performed, one could settle to nothing else. Chris was expected at one, but then there came a telegram to say he was delayed till the late afternoon. So Kitty, whose beauty was as changed in grief from its ordinary seeming as a rose in moonlight is different from a rose by day, took me down after lunch to the greenhouses and had a snappishly competent conversation about the year's vegetables with Pipe, the gardener. Then Kitty went into the drawing-room and filled the house with the desolate merriment of an inattentively played pianola, while I sat in the hall and wrote letters and noticed how sad dance-music has sounded ever since the war began. After


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 that she started a savage raid of domestic efficiency, and made the housemaids cry because the brass handles of the tall-boys were not bright enough and because there was only ten-to-one instead of a hundred-to-one risk of breaking a leg on the parquet. Then she had tea, and hated the soda-cake. She was a little, shrunk thing, huddled in the arm-chair farthest from the light, when at last the big car came nosing up the drive through the dark.

We stood up. Through the thudding of the engines came the sound of Chris's great male voice which always had in it a note like the baying of a big dog. "Thanks, I can manage by myself." I heard, amazed, his step ring strong upon the stone, for I had felt his absence as a kind of death from which he would emerge ghostlike, impalpable. And then he stood in the doorway, the gloom blurring his outlines like fur, the faint, clear candle-light catching the fair down on his face. He


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 incompetence, or imprisonment), the real party cannot advance the action, except where another person (the next friend) stands in and advances the cause on the actual party’s behalf. Whitmore, 495 U.S. at 161–66, 110 S.Ct. 1717.

 * A. The basics of next-friend standing.

The Supreme Court considers next-friend standing an “alternative basis” for standing in federal courts. Id. at 161, 110 S.Ct. 1717. Specifically, it has “long been an accepted basis for jurisdiction in certain circumstances.” Id. at 162, 110 S.Ct. 1717. These “certain circumstances” are deeply rooted in history and narrowly limited to: (1) habeas corpus actions; and (2) “infants, other minors, and adult mental incompetents.” Id. at 163, 163 n. 4, 110 S.Ct. 1717.

Next-friend standing allows a third-party to singularly advance a cause of action on another’s behalf. “A ‘next friend’ does not himself become a party to the … action in which he participates, but simply pursues the cause on behalf of the … real party in interest.” Id. at 163, 110 S.Ct. 1717. To invoke next-friend standing, the purported next friend must establish: (1) “an adequate explanation—such as inaccessibility, mental incompetence, or other disability—why the real party in interest cannot appear on his own behalf to prosecute the action”; and (2) “the ‘next friend’ must be truly dedicated to the best interests of the person on whose behalf he seeks to litigate, and it has been further suggested that a ‘next friend’ must have some significant relationship with the real party in interest.” Id. at 163–64, 110 S.Ct. 1717 (internal citations omitted). I agree with the Majority that there is no question PETA did not allege—in any way—sufficient facts to establish it could be Naruto’s next friend.

 * B. Next-friend standing cannot apply to animals.

I also agree with the Majority that animals cannot be represented by a next friend; I write to expand on the reasoning provided in the Majority opinion.

The Supreme Court has clearly delineated the limits of next-friend standing: “[T]he scope of any federal doctrine of ‘next friend’ standing is no broader than what is permitted by … the historical practice.” Id. at 164–65, 110 S.Ct. 1717; cf. Town of Greece v. Galloway, — [sic] U.S. —, 134 S.Ct. 1811, 1818–19, 188 L.Ed.2d 835 (2014) (recognizing legislative prayer as a “historical” exception to the Establishment Clause); District of Columbia v. Heller, 554 U.S. 570, 626–27, 627 n.26, 626, 128 S.Ct. 2783, 171 L.Ed.2d 687 (2008) (“[N]othing in our opinion should be taken to cast doubt on the longstanding prohibitions on the possession of firearms by felons and the mentally ill[.]” (emphasis added) ). The Supreme Court noted the two illustrations allowed by such “historical practice”: imprisoned individuals using habeas corpus and mental incompetents or minors. Whitmore, 495 U.S. at 161–63, 163 n.4, 110 S.Ct. 1717; see also 28 U.S.C. § 2242 (codifying next-friend standing for habeas corpus actions; Fed. R. Civ. P. 17(c)(2) (permitting next-friend standing for a “minor or an incompetent person who does not have a duly appointed representative” (emphasis added) ) ). However, there is no historical evidence that animals have ever been granted authority to sue by next friend and, absent an act of Congress, it

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 did not see me, in my dark dress, or huddled Kitty, and with the sleepy smile of one who returns to a dear, familiar place to rest he walked into the hall and laid down his stick and his khaki cap beside the candlestick on the oak table. With both hands he felt the old wood, and stood humming happily through his teeth.

I cried out, because I had seen that his hair was of three colors now, brown and gold and silver.

With a quick turn of the head, he found me out in the shadows.

"Hullo, Jenny!" he said, and gripped my hands.

"O Chris, I am so glad!" I stuttered, and then could say no more for shame that I was thirty-five instead of twenty. For his eyes had hardened in the midst of his welcome, as though he had trusted that I at least would have been no party to this conspiracy to deny that he was young, and he said:


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 "I've dropped Frank in town. My temper's of the convalescent type." He might as well have said, "I've dropped Frank, who had grown old, like you."

"Chris," I went on, "it's so wonderful to have you safe."

"Safe," he repeated. He sighed very deeply and continued to hold my hands. There was a rustle in the shadows, and he dropped my hands.

The face that looked out of the dimness to him was very white, and her upper lip was lifted over her teeth in a distressed grimace. It was immediately as plain as though he had shouted it that this sad mask meant nothing to him. He knew not because memory had given him any insight into her heart, but because there is an instinctive kindliness in him which makes him wise about all suffering, that it would hurt her if he asked if this was his wife; but his body involuntarily began a gesture of inquiry before he realized that


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 that, too, would hurt her, and he checked it half-way. So, through a silence, he stood before her slightly bent, as though he had been maimed.

"I am your wife." There was a weak, wailing anger behind the words.

"Kitty," he said softly and kindly. He looked around for some graciousness to make the scene less wounding, and stooped to kiss her; but he could not. The thought of another woman made him unable to breathe, sent the blood running under his skin.

With a toss, like a child saying, "Well, if you don't want to, I'm sure I wouldn't for the world!" Kitty withdrew from the suspended caress. He watched her retreat into the shadows as though she were a symbol of this new life by which he was baffled and oppressed, until the darkness outside became filled with the sound like the surf which we always hear at Harrowweald on angry evenings, and


text: User:SnowyCinema/P/The Promise of the Bell


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 of the university should leave every learner free to follow any special examples of one or more of them, according to his aptitude and choice. At the same time, even in the secondary education, a generous allowance should be made—as I have already said—for differences in aptitudes, in view of the twofold aim of all scientific culture. But this allowance should not be made subject to the choice of the pupil from term to term, or from year to year,—if for no other reason, still because a real continuity or organic and vital connection cannot be secured in this way for the different parts of the secondary education. Nor should the allowance be made in the form of a great variety of parallel courses among which the pupil must choose. This plan is open, though in less degree, to the same objection as the foregoing. Moreover, unless it is further limited, it does not secure thorough training in the four great branches of learning and discipline of which I have spoken. And, finally, it inevitably results in the repetition, in the small, of the same attempt at compulsory imparting of a smattering of many knowledges, of which the unrevised college curriculum in this country has been accused. The secondary education should, then, consist of required studies in all these four branches; but it should be arranged in such a way as to be thorough in a very few examples under each, and it should be divided into


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 would be improper to expand this narrow exception to the actual injury requirement of Article III.

Neither of the two existing grounds for next-friend standing allow animal next-friend standing. First, a writ for habeas corpus “shall be in writing signed and verified by the person for whose relief it is intended or by someone acting in his behalf.” 28 U.S.C. § 2242 (emphasis added). Therefore, textually, only a natural person can have a petition filed on her behalf. Further, any argument that animals are akin to “artificial persons” such as corporations, which are allowed to sue, see e.g., Cetacean, 386 F.3d at 1176 (concluding that animals are no different from various “artificial persons” such as ships or corporations), makes no sense in the context of 28 U.S.C. § 2242. Corporations cannot be imprisoned and, thus, there is no grounds to conclude “person” in 28 U.S.C. § 2242 could include anything other than natural persons.

Second, the Federal Rules only authorize next friend suits on behalf of “a minor or an incompetent person.” Fed. R. Civ. PP. [sic] 17(c) (emphasis added). Per the text, this can only apply to human persons, not any “minor” or “incompetent” corporations or animals. Importantly, the historical background of Rule 17(c) limits the use of next friends to only human persons. Rule 17(c) incorporated Rule 70 of the Federal Equity Rules into the Federal Rules of Civil Procedure. Fed. R. Civ. P. 17(c), Note to Subdivision (c). Rule 70 specifically provided, “All infants and other persons so incapable may sue by their guardians, if any, or by their prochei ami [next friend].” Fed. Equity R. 70. Finally, the provisions for corporate capacity are articulated in Rule 17(b). Fed. R. Civ. P. 17(b). This separate enumeration of rules for non-human entities, Rule 17(b), is a clear textual indication that the use of the term “person” in Rule 17(c) does not include non-human entities, such as corporations or animals.

In addition to its historical limits, next-friend standing is narrowly tailored in light of the public policy concerns associated with expanding the doctrine. Next-friend standing “is by no means granted automatically to whomever seeks to pursue an action on behalf of another.” Whitmore, 495 U.S. at 163, 110 S.Ct. 1717. “Indeed, if there were no restriction on ‘next friend’ standing in federal courts, the litigant asserting only a generalized interest in constitutional governance could circumvent the jurisdictional limits of Art. III simply by assuming the mantle of ‘next friend.’ ” Id. at 164, 110 S.Ct. 1717. The specific requirements to become a next friend are intended to keep “intruders or uninvited meddlers, styling themselves next friends” out of the courts. Id. at 164, 110 S.Ct. 1717 (quoting Houston, 273 F. at 916). Moreover, as Chief Justice Rehnquist (writing as the sole justice for the Supreme Court on a stay of execution) similarly noted: “however worthy and high minded the motives of ‘next friends’ may be, they inevitably run the risk of making the actual defendant a pawn to be manipulated on a chessboard larger than his own case.” Lenhard v. Wolff, 443 U.S. 1306, 1312, 100 S.Ct. 3, 61 L.Ed.2d 885 (1979).

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 two great courses in which, by laying greater emphasis upon some one or more of the four, a generous allowance can be made for the pupil's aptitude. Further as to some of the details of this plan of a secondary education, which should be required as a necessary preparation for university studies, I shall speak later on.

Substantial agreement upon the points hitherto discussed will insure a good measure of agreement upon those which are now to follow. There need be little dispute, since the subject has in late years received so thorough an historical examination, over the essential nature of a genuine university. Since the American university must, in any event, be a "university," although it may have certain peculiar features which may be called American, the noun will set limits to the adjective beyond which the peculiar features cannot grow. What, then, is the norm according to which, and the ideal toward which, we must develop our higher education? In other words, what is the true university idea?

Although intelligent persons need not dispute over the true idea of the university, there is current a great amount of unintelligent opinion on this subject. One prevalent thought obviously is, that a university is a school, or collection of schools, where a great lot of subjects are taught and a great crowd of pupils go. And there are elements of truth in this opinion. A number of faculties and


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 free concourse of students, perhaps of many nations and from many places, are intimately connected with the university idea. But there are large schools, in this country and elsewhere, that are not universities; and there have been great universities with a relatively small number of students. The grade and method of the teaching, and the spirit and previous training of the students, are important factors in the university idea. Again, the universality of the university has been thought to consist in this, that the scope of its instruction should include all subjects; thus the idea toward which the American institution should strive is held to be that of a place where anybody can come to learn anything that can be taught anywhere. Now, historically considered, this view is absurd. The phrases in which the word universitas occurs, if thus interpreted, would (it has been pointed out) be equivalent to speaking of the university as "an institution for studying everything where they study nothing but law." Moreover, this interpretation of the word misses the spirit of the reality. For example, a school of veterinary surgery, or a school for learning to sing and to play the piano, may be a convenient adjunct or appendage of a university. But certainly neither of these schools can ever become an integral part of a genuine university. The study and teaching of comparative anatomy and physiology, or of zoölogy,


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 Animal-next-friend standing is particularly susceptible to abuse. Allowing next-friend standing on behalf of animals allows lawyers (as in Cetacean) and various interest groups (as here) to bring suit on behalf of those animals or objects with no means or manner to ensure the animals’ interests are truly being expressed or advanced. Such a change would fundamentally alter the litigation landscape. Institutional actors could simply claim some form of relationship to the animal or object to obtain standing and use it to advance their own institutional goals with no means to curtail those actions. We have no idea whether animals or objects wish to own copyrights or open bank accounts to hold their royalties from sales of pictures. To some extent, as humans, we have a general understanding of the similar interests of other humans. In the habeas corpus context, we presume other humans desire liberty. Similarly, in actions on behalf of infants, for example, we presume the infant would want to retain ownership of the property she inherited. But the interests of animals? We are really asking what another species desires. Do animals want to own property, such as copyrights? Are animals willing to assume the duties associated with the rights PETA seems to be advancing on their behalf? Animal-next-friend standing is materially different from a competent person representing an incompetent person. We have millennia of experience understanding the interests and desire of humankind. This is not necessarily true for animals. Because the “real party in interest” can actually never credibly articulate its interests or goals, next-friend standing for animals is left at the mercy of the institutional actor to advance its own interests, which it imputes to the animal or object with no accountability. This literally creates an avenue for what Chief Justice Rehnquist feared: making the actual party in interest a “pawn to be manipulated on a chessboard larger than his own case.” Lenhard, 443 U.S. at 1312, 100 S.Ct. 3.

'''II. The Majority opinion.'''

Although the Majority opinion recognizes these principles, it ignores them. The Majority opinion states that animals cannot have next-friend standing, but it nevertheless determines that, because Naruto has an Article III injury and he is “adequately protected,” the Majority may proceed to determine the merits of Naruto’s statutory standing claim under the Copyright Act. In order to get there, the Majority concludes that next-friend standing is nonjurisdictional: “[W]e must proceed to the merits because Naruto’s lack of a next friend does not destroy his standing to sue, as having a ‘case or controversy’ under Article III of the

title: Page:Naruto v. Slater.pdf/15


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 including the structure of those valuable domestic animals, the horse and the cow, is a legitimate and important part of a university. But such study must constitute a part of general scientific culture, and be conducted as such.

It is the scientific spirit to which the university education primarily appeals, and which it encourages; it is the large and free pursuit of science, as science, which it is bound to yield. This is true even of its professional schools. Even the study of surgery and medicine, or of theology, is primarily and pre-eminently scientific in the genuine university. For the same reason the call for chairs of "journalism," "telegraphy," etc., in the American university, and the complaint that our university instruction does not teach men to speak French and Italian, are both quite out of place. Journalism and telegraphy can never properly enter into the instruction of the faculties of the university, for they can never be regarded as broadly inductive or speculative sciences. The modern languages have no place in university instruction, except as they are used for the study of language and of literature, or are made the means of getting at other sciences through the works written in these languages.

The history of the word "university" has now been very thoroughly investigated. This history throws no little light on the meaning of the word,


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 of land in the Valley. * * Lewis joined this party, came to the Valley, and was the first white settler of Augusta." Lewis is represented as coming, not from Williamsburg, but from Lancaster, Pennsylvania, and the date of his arrival here is given as "the summer of 1732." These statements and the authority upon which they are made appear conclusive of the matter.

John Lewis and his sturdy sons were just the men to battle with the adverse circumstances which surrounded them in this wilderness country. He was a native of Donegal county. Province of Ulster, Ireland, and of Scottish descent. He came to America from Portugal, in which country he had taken refuge after a bloody affray with an oppressive landlord in Ireland. It is stated, however, that upon an investigation of the affray, Lewis was formally pronounced free from blame. The story as related is briefly as follows: An Irish lord who owned the fee of the land leased by Lewis undertook to eject the latter in a lawless manner. With a band of retainers he repaired to the place, and on the refusal of the tenant to vacate, fired into the house killing an invalid brother of Lewis and wounding his wife. Thereupon, Lewis rushed from the house and dispersed his assailants, but not until their leader and his steward were killed.

It is a question what number of sons John Lewis had. Various writers state that he brought with him to America four sons, viz: Samuel, Thomas, Andrew, and William, and that a fifth, Charles, was born after the settlement here, but others mention only four, omitting Samuel. Ex-Governor Gilmer, of Georgia, a great-grandson of John Lewis, gives an account of the family in his book called "Georgians," printed in 1854, and is silent as to Samuel. Governor Gilmer's mother, a daughter of Thomas Lewis, lived to a great age, and it is hardly possible that she could have been ignorant of an uncle named Samuel, and that her son should not have named him if there had been such an one. All the others were prominent in the early history of the country, and we shall have occasion to speak of them often in the course of our narrative.

The permanent settlement of Lewis was in the vicinity of the twin hills, "Betsy Bell and Mary Gray," which were so called by him, or some other early settler, after two similar hills in County Tyrone, Ireland.

Concurrenriy with the setdement of Lewis, or immediately

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 the content of the idea. It is connected with the history of the term studium generale, which the word universitas came to supplant. "The name studium generale," says Savigny, "has been interpreted to intend the whole collective body of the sciences, but incorrectly The name rather refers to the extent of the scope of operation of these institutions, which were intended for pupils of all countries." "It meant,' says Professor Laurie, "a place where one or more of the liberal arts might be prosecuted, and which was open to all who chose to go there and study, free from the canonical or monastic obligations and control." It was, therefore, a school of high grade, where the spirit of freedom, in both teacher and pupil, prevailed. It afterward came to mean "both a school for liberal studies and a school open to all." The word universitas, on the other hand, was originally applied to any association of persons acting somewhat permanently together. It has been said that, in a papal rescript, vestra universitas often means scarcely more than "all of you." As applied to a studium it came to mean a literary and incorporated community. But when these schools began to act under some express grant or character the two terms tended to become identical; and, finally, the word "university" came to take the other's place and to be exclusively used.


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60

Hast strangely stood the test: here, afore Heaven,

I ratify this my rich gift. O Ferdinand!

Do not smile at me that I boast her off,

For thou shalt find she will outstrip all praise,

And make it halt behind her.

Fer. I do believe it

Against an oracle.

Pro. Then, as my gift and thine own acquisition

Worthily purchas'd, take my daughter: but

If thou dost break her virgin knot before

All sanctimonious ceremonies may

With full and holy rite be minister'd,

No sweet aspersion shall the heavens let fall

To make this contract grow; but barren hate,

Sour-ey'd disdain and discord shall bestrew

The union of your bed with weeds so loathly

That you shall hate it both: therefore take heed,

As Hymen's lamps shall light you.

Fer. As I hope

For quiet days, fair issue and long life,

With such love as 'tis now, the murkiest den,

The most opportune place, the strong'st suggestion

Our worser genius can, shall never melt

Mine honour into lust, to take away

The edge of that day's celebration

When I shall think, or Phœbus' steeds are founder'd,

Or Night kept chain'd below.

Pro. Fairly spoke:

Sit then, and talk with her, she is thine own.

What, Ariel! my industrious servant Ariel!

Ari. What would my potent master? here I am.

 7 strangely: remarkably well

16 sanctimonious: sacred

18 aspersion: dew of blessing

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from the wooden steeple of the Philadelphia State House (the Nation's birthplace, and the most sacred spot on American soil) the Liberty Bell rang out its message of freedom "throughout the land," it did more than proclaim the Declaration of Independence, and it did more than summon the colonists to defend that independence with their lives. It promised them in a beautiful and borrowed phrase the reward of their valour. It affirmed their inalienable right to "life, liberty, and the pursuit of happiness"; thus linking with bare existence two things which give it worth, thus striving to ennoble and embellish the length of years which lie between man's cradle and his grave.

Never was phrase more profoundly English or more profoundly Greek in its rational conception of values. It means a vast deal more than the privilege of casting a ballot, which privilege has been always praised and glorified beyond its deserts. "The liberty to discover and pursue a natural happiness," says Santayana, "the liberty to grow wise, and live in friendship with the gods and with one another, was the liberty


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 vindicated by the martyrdom of Thermopylæ, and by the victory of Salamis." It is also the liberty which England has always prized and cherished, and which has promoted the thoroughly English qualities of "solidity and sense, independence of judgment, and idiosyncrasy of temperament." To the colonists it opened a fair vista, a widening of their somewhat restricted horizon, a very definite and shining goal, well worth their resolute endeavour.

When on the 23d of October, 1781, three hours before sunrise, a watchman called through the quiet streets of Philadelphia, "Past three o'clock, and Lord Cornwallis is taken," the city awoke to a refreshing sense of safety and exhilaration. The war was not over; but victory was assured, and, with it, life and liberty. There remained the pursuit of happiness, and it was undertaken in good faith, and without undue delay. A sober and sedate community, kept in order by Quaker dominance, Philadelphians had always shown a singular capacity for enjoying themselves when they had the chance. They had danced twelve hours at the Mischianza,—a notable achievement. They had promoted horse-racing, condoned bull-baiting, and had been "decently drunk" from time to time at punch parties on the river. Now, deeming pleasure to be one approach to happiness, they opened the old Southwark theatre, which had led a life of sore vicissitudes, rechristened it cautiously the Academy of Polite Science, and gave a performance of Beaumarchais's "Eugénie," in honour of Washington, who


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 graced the occasion with his presence. He was escorted to his box by attendants bearing wax candles in silver candlesticks, a deferential courtesy which made him distinctly and desirably visible to the audience in the dimly lit theatre.

Nothing in the way of entertainment came amiss to people whose hearts were at ease, and who were unspoiled by wealth or poverty. They went to Washington's rigidly formal receptions. They danced as gaily, if not as long, at the Assembly balls, and at the less august tradesmen's balls, as they had danced at the Mischianza and at the Fête du Dauphin. They dined well with such hosts as Robert Morris and William Bingham. They opened hospitable doors to strangers, who sometimes thought them dull; "the men grave, the women serious," wrote Brissot de Warville in 1788. They feasted on Christmas Day, and they built bonfires on the Fourth of July. They rode to hounds. They began the long career of parades and processions which have always been dear to the city's heart, and which the famous New Year Mummers have by now carried to the wonder point of gaiety, brilliancy, and burlesque.

Eating and drinking were the fundamentals of enjoyment in the Quaker town, as they have been in all cities and in all ages of the world. But it was eating and drinking relished "as the sane and exhilarating basis of everything else"; and its most precious asset was companionship. When the Chevalier de Luzerne drank twelve cups of tea during the course of a winter


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 afternoon call upon Mrs. Robert Morris, it was not because he doted on the beverage. No Frenchman has ever shared Dr. Johnson's passion for tea. It was for love of the warm brightly lit rooms (warm rooms were no everyday indulgence in the era of open fires and Franklin stoves), and for love of his agreeable hostess, and of the animated and purposeful conversation. When John Adams "drank Madeira at a great rate" at the house of Chief Justice Chew, "and found no inconvenience in it," it was not because he was a tippler; but because the generous wine quieted his anxious thoughts, and stimulated him to match mind with mind in the sympathetic society of his friends.

Indeed, the drinking of Madeira was in the nature of a ceremonial rite. Even in the days of Penn no serious business was enacted, no compact sealed, no social gathering complete without this glass of wine. It signified good-fellowship and good-will; and when Penn returned to England for the last time, he left his little store of wine in the cellar of the Letitia House "for the use and entertainment of strangers," which was a gracious thing to do.

According to Dr. Weir Mitchell, Philadelphia was famous for its Madeira, which, being a temperamental wine, throve best in that serene atmosphere, and in the careful hands of Philadelphians. It was kept by preference in demijohns, and lived in moderate darkness under the roof, where it "accumulated virtues like a hermit." For seventy years—the allotted


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 years of man—it could be trusted to acquire merit. After that period, it began—like man—to deteriorate. When its owner was compelled by circumstance to house it in the cellar, it was suffered to rest and revive for a day or two in a warm room on its way to the dining-table; and the bottles were carried with infinite tenderness lest the wine be bruised in the transit. A crust of bread was placed by every glass to "clean the palate" before drinking. Elizabeth Robins Pennell tells us that, in her grandfather's old-fashioned household, Madeira was the wine of ceremony, dedicated to the rites of hospitality, sacred to the stranger, to whom it was offered like the bread and salt of the Arab, and with whom it established (if the stranger knew anything about wine) a bond of sympathy and understanding.

When in the winter of 1799 the directors of the Mutual or "Green Tree" Assurance Company were holding their annual dinner, word was brought them of Washington's death. They charged their glasses, rose to their feet, and gravely drank to his memory. In the century and a quarter which have intervened since then, the rite has been yearly repeated. Even to-day, though the toast may no longer be drunk, the diners rise, the words are spoken, and the dead leader is honoured by the living.

How cordial, how dignified, how intelligent was this hospitality practised by men who were pursuing happiness along tranquil and rational lines! How immaculately free from the grossness of Georgian


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 drunkenness, and from the grossness of Victorian gluttony! It is true that boned turkey and terrapin were making their way to tables where wild ducks and venison had always been plentiful, and where dairy products, made perfect by practice, were admittedly the finest in the land. But it was companionship and conversation, "the liberty to grow wise and live in friendship with one another," which citizens prized, and which strangers recognized and remembered. Philadelphia, said the poet Moore, was the only American city in which he felt tempted to linger. It was the silver talk, alternating with golden silence, which made the nights speed by when friend met friend, and the wreckage of years was forgotten.

The Wistar parties were born naturally into a world where social intercourse was pleasant and esteemed. First a few friends dropped casually in upon Dr. Caspar Wistar, and sat by his fire on winter nights. Then he asked a few more. By 1811 the custom was an established one, and every Saturday night Dr. Wistar entertained his guests, among them any foreigners of distinction who chanced to be visiting Philadelphia. His house at Fourth and Prune Streets was spacious; the supper he provided was simple and sufficient. In 1818 he died, and his friends wisely resolved to perpetuate his name by perpetuating his hospitality. A hundred years is a respectable age for


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 any social observance to reach in the United States; but Philadelphians reckon such things by centuries. Their tenacity in clinging to old customs, and maintaining them unchanged, is a valiant and poignant protest against the ills done to their town by modernity.

For more than any other American city, Philadelphia has suffered the loss of her comeliness, a comeliness that was very dear to those who first heard the promise of the Bell. "After our cares for the necessities of life are over," said the wise Franklin, "we shall come to think of its embellishments." In the pursuit of a rational happiness, Philadelphians devoted time, thought, and money to the embellishment of their daily lives. They had an unerring taste in architecture and decoration. Their portraits were painted by good artists, Peale and Stuart and Sully. Trim gardens lent brilliancy of colour to their handsome, sober homes. They made of "Faire Mount" hill a thing of beauty, a little spot of classic grace and charm, which artists loved, and politicians ruthlessly destroyed—perhaps because it was the only thing in the nature of an eminence to break the level surface on which Penn laid out his checkerboard town.

To the casual visitor of to-day, Philadelphia seems an ugly and shabby city, set in the fields of Paradise. Surroundings of exceptional loveliness have lured the town-dweller from his narrow streets, from soot and grime and perpetual racket, to pursue happiness in the clean and composed life of the country. And as


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 more and more citizens seek every year this method of escape, the abandoned city grows more and more downcast and forlorn. It is to be forever regretted that its oldest streets, lined with houses of unsurpassable dignity, should have degenerated into filthy slums, where an alien population violates every tradition of reticence and propriety. Christ Church, Gloria Dei, and Saint Peter's still stand inviolate, keeping their dirty neighbours at arm's length with green churchyards and cherished slips of lawn. Indeed, churchyards, which were once in disfavour, have come to be highly commended. They interpose their undesecrated neatness between many an ancient place of worship and its elbowing associates.

To the visitor who is not casual, to a few careful observers like Mrs. Pennell and Christopher Morley, and to those Philadelphians who love her pavements better than turf, and her brick walls better than trees, Penn's city has a charm which enterprise and immigrant are equally powerless to destroy. It is a beauty faded with years, and dimmed by neglect, and it lies hidden away in quiet nooks and corners; but none the less is it apparent to the eye of the artist and the antiquarian. The Bell, the joyous, old Liberty Bell, is, indeed, housed with appropriate splendour. It has been carried over the country in a series of triumphant processions, and many thousands of Americans have greeted it with reverence. But the deepening fissure in its side now calls imperatively for rest; and Independence Hall—a remarkably agreeable example of


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 colonial architecture—is the Mecca of patriotic pilgrims. All the year round they come to look upon the room where the Declaration of Independence was signed, and upon the Bell which rang its message to the land.

To-day that message rings the knell of the past, and the deathless promise of the future:

Life, though it is beset by greater perils; liberty, though it is restricted by an excess of legislation; and the pursuit of happiness, though it is turned into new, and possibly nobler, channels. The old society "in which men looked up without envy or malice, and even found life richer from the thought that there were degrees of excellency and honour," has been replaced by a society in which perpetual change has bred dissatisfaction and insecurity. But more clearly than before the note of a real Democracy, of a sense of comradeship, of a natural, cheerful, irresponsible interest in one another, has been struck in what was once the City of Brotherly Love. It gives to Christmas something which earlier Christmases never knew; a coming-together of people whose lives are, by force of circumstance, apart, a closing-in of circles which are commonly and necessarily remote.

For a week before the feast, the great pioneer department store of America sets aside a half-hour in the morning and a half-hour at dusk for community singing of Christmas hymns and carols. The rush of


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 business is suspended, the giant organ peals forth the familiar strains, and men, women, and children, crowded into every inch of available space, sing with all their might, "God Rest Ye Merry, Gentlemen," "Come, All Ye Faithful," and "While Shepherds Watch'd Their Flocks by Night." Nobody claims the sounds they make are beautiful; but nobody denies they are inspiriting.

People who surge around counters to do their Christmas shopping are indifferent, not to say inimical, to one another; but people who stand shoulder to shoulder singing the same words are impelled by the force of crowd psychology to good feeling and mutual understanding.

Charity is an old, old virtue, and Christmas has always been its sacred season; but it is not charity which now makes the householder put Christmas candles in his windows, to give the passer-by a sense of recognition and intimacy. It is not charity which rears the great municipal Christmas Tree for all the town to see, or provides the great municipal concert on Christmas Eve for all the town to hear—and join in if it pleases. It is not charity which lights the "Community Christmas Trees" on country roads, and leaves them shining softly in the darkness as a reminder of good-will. It is not charity which sends little groups of men and women, accompanied by a sober deaconess


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 to sing carols in the few quiet streets which Philadelphia has preserved unspoiled. These singers ask for no recompense. They are forging a link in the bond of healthy human emotions. They are adding their share to the little intimacies of the world.

"Life, liberty, and the pursuit of happiness." "Inalienable rights" the Signers termed them, which yet have never been without assailants. What strange vicissitudes the Bell has witnessed, and what strange meanings have been read into its message! But its promise still holds good. If we never grow wise as the Greeks grew wise, if we never lay hold of the "natural happiness" which is the birthright of Englishmen, we may yet surpass Greece and England in the grace of friendship. It will be something different from friendship with our friends; it will be friendship with our neighbours. It will be—I hope—disunited from duty, and composed of simple, durable materials,—tolerance, good-nature, and a sweet reasonableness of approach. It will read a generous meaning into qualities which are common to all of us, displeasing to most of us, and intelligible only to the wide-eyed few who interpret the heart of humanity.


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Rh afterward, a flood of immigrants poured into the country. There was no landlord or proprietor to parcel out the domain; the land was all before them where to choose, and for several years the settlers helped themselves to homes without let or hindrance. It is believed that all the earliest settlers came from Pennsylvania and up the Valley of the Shenandoah. It was several years before any settlers entered the Valley from the east, and through the gaps in the Blue Ridge. We may accompany, in imagination, these immigrants on their way from the settlements north of the Potomac, through the wilderness to their future homes. There was, of course, no road, and for the first comers no path to guide their steps, except, perhaps, the trail of the Indian or buffalo. They came at a venture, climbing the hills, fording the creeks and rivers, and groping through the forests. At night they rested on the ground, with no roof over them but the broad expanse of heaven. After selecting a spot for a night's bivouac, and tethering their horses, fire was kindled by means of flint and steel, and their frugal meal was prepared. Only a scanty supply of food was brought along, for, as game abounded, they mainly "subsisted off the country." Before lying down to rest, many of them did not omit to worship the God of their fathers and invoke His guidance and protection. The moon and stars looked down peacefully as they slumbered, while bears, wolves and panthers prowled around. It was impossible to bring wagons, and all their effects were transported on horseback. The list of articles was meagre enough. Clothing, some bedding, guns and ammunition, a few cooking utensils, seed corn, axes, saws, &c., and the Bible, were indispensable, and were transported at whatever cost of time and labor. Houses and furniture had to be provided after the place of settlement was fixed upon. In the meanwhile there was no shelter from rain and storm. The colonial government encouraged the settlement of the Valley as a means of protecting the lower country from Indian incursions. The settlers were almost exclusively of the Scotch-Irish race, natives of the north of Ireland, but of Scottish ancestry. Most of those who came during the first three or four decades were Dissenters from the Church of England, of the Presbyterian faith, and victims of religious persecution in their native land. They were generally a profoundly religious people, bringing the Bible with them, whatever they

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 had to leave behind, and as soon as possible erected log meeting houses in which to assemble for the worship of God, with school-houses hard by.

Although the Church of England was established by law throughout the colony, and a spirit of intolerance inseparable from such a system prevailed in lower Virginia, the Dissenters of the Valley, as far as we know, had comparatively little to complain of in this respect.

For about twenty years the immigrants were unmolested by the Indians. "Some," says Foote, " who had known war in Ireland, lived and died in that peace in this wilderness for which their hearts had longed in their native land." During this halcyon time, the young Lewises, McClanahans, Mathewses, Campbells, and others were growing up and maturing for many a desperate encounter and field of battle.

But the authorities at Williamsburg had by no means relinquished the rights of the British crown, as held by them, to the paramount title to the lands of the Valley. In assertion of those rights, and without ability on the part of the people of the Valley to resist, on September 6, 1736, William Gooch, "Lieutenant-Governor and Commander-in-Chief of the Colony and Dominion of Virginia," in pursuance of an order in council, dated August 12, 1736, and in the name of "George II, by the grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith," etc., issued a patent for the "Manor of Beverley." The patentees were William Beverley, of Essex; Sir John Randolph, of Williamsburg; Richard Randolph, of Henrico, and John Robinson, of King and Queen; and the grant was of 118,491 acres of land lying "in the county of Orange, between the great mountains, on the river Sherando," etc. On the next day, September 7, the other grantees released their interest in the patent to Beverley. This patent embraced a large part of the present county of Augusta, south as well as north of Staunton.

William Beverley was a son of Robert Beverley, the historian of Virginia, and grandson of the Robert Beverley who commanded the royal forces at the time of "Bacon's Rebellion." He was a lawyer, clerk of Essex County Court from 1720 to 1740, a member of the House of Burgesses and of the Governor's Council, and County-Lieutenant of Essex. He

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 ,” and concludes that “Naruto’s Article III standing under Cetacean is not dependent on PETA’s sufficiency as a guardian or ‘next friend.’ ”,. I admit that the basis for the Majority’s conclusion is primarily grounded in its reading of Cetacean, in which a “self-appointed attorney” brought a suit on behalf of the world’s cetaceans. 386 F.3d at 1171–72. Cetacean concluded that animals may have an Article III injury—but, notably, did not examine whether next-friend standing was present. Given this analysis, the Majority concludes that, because the Cetacean panel allowed the case to go forward, it implicitly held that next-friend standing is nonjurisdictional.

The Majority’s conclusion on the first point—animals can never have next-friend standing—is correct and should end our inquiry. See infra. On the other hand, the second conclusion (that next-friend standing is nonjurisdictional) is not supportable. This conclusion is incorrect and the consequences associated with the Majority’s holding are avoidable, if we follow precedent.

'''III. The Majority’s conclusion that next-friend standing is nonjurisdictional is legally unsupportable.'''

 * A. The Majority’s second conclusion violates Supreme Court and Ninth Circuit Precedent.

Both the United States Supreme Court and our Circuit have held next-friend standing is jurisdictional. In Whitmore, the petitioner brought suit on behalf of another death-row prisoner, Ronald Simmons. 495 U.S. at 152–54, 110 S.Ct. 1717. Whitmore asserted both third-party standing and next-friend standing to justify the suit. Id. at 153–54, 110 S.Ct. 1717. The Supreme Court held that Whitmore failed both standing tests and, [sic] ultimately held that “Jonas Whitmore lacks standing to proceed in this Court, and the writ of certiorari is dismissed for want of jurisdiction.” Id. at 166, 110 S.Ct. 1717 (emphasis added). The Supreme Court also clearly held that any purported next friend bears the burden “clearly to establish the propriety of his status and thereby justify the jurisdiction of the court.” Id. at 164, 110 S.Ct. 1717 (emphasis added) (citing Smith ex rel. Mo. Pub. Def. Comm’n v. Armontrout, 812 F.2d 1050, 1053 (8th Cir. 1987); Groseclose ex rel. Harries v. Dutton, 594 F.Supp. 949, 952 (M.D. Tenn. 1984) ); see also Demosthenes v. Baal, 495 U.S. 731, 737, 110 S.Ct. 2223, 109 L.Ed.2d 762 (1990) (holding that “federal courts must make certain that an adequate basis exists for the exercise of federal power” and dismissing the suit for failure to demonstrate next-friend standing).

We have also held that next-friend standing is jurisdictional. In Coalition, a coalition of clergy, lawyers, and professors brought suit on behalf of the prisoners detained in Guantanamo, Cuba. 310 F.3d at 1156. The district court held that the Coalition did not have standing and, even if they did, no federal district court—including itself—could have jurisdiction over such a suit. Id. On appeal, we agreed that the Coalition could not establish next-friend standing. Id. However, we noted that “[t]he question before us is not the scope of the rights and privileges of the detainees themselves under either our Constitution or other international laws or agreements.” Id. at 1164. Rather, we “consider[ed] only the rights of the members of the Coalition to assert standing on behalf of the detainees and to seek habeas review of their detention.” Id. at 1165 (emphasis added). We then dismissed the suit and

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 died about the first of March, 1756. At the time of his death, his only son, Robert, was a minor.

The question is often asked. In what part of the county was Beverley's Manor? Readers generally could not ascertain from a perusal of the patent, and we have applied to several practical surveyors, the best authorities on the subject, for information. To Messrs. John G. Stover and James H. Callison we are indebted for the following description, which, although not perfectly accurate, will answer the present purpose: Beginning at a point on the east side of South river, about four miles below Waynesbo rough, thence up the same side of the river to a point opposite to or above Greenville; thence by several lines west or southwest to a point near Summerdean; thence northeast to Trimble's, three miles south of Swoope's Depot; thence northeast by several lines, crossing the Staunton and Parkersburg turnpike, five or six miles, and the Churchville road about three miles, from Staunton, to a point not known to the writer; and thence east by one or more lines, crossing the macadamized turnpike at or near Augusta church, to the beginning. The description given in the patent begins at five white oaks on a narrow point between Christie's creek and Beaver run (Long Meadow creek), near the point where those streams enter Middle river, and thence north seventy degrees; west, etc.

From the familiar mention in the patent of various natural features of the country—"Christie's Creek," "Beaver run," "the Great Springs," "Black Spring," etc., it is evident that the country had by that time, in the short space of four years, been explored and to a great extent settled. The grant, of course, covered the lands already occupied by settlers, who were in the view of the law and of the patentee, mere "squatters" on the public domain. Beverley, however, seems to have dealt towards the people with

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163 [3:51 p.m.]

 * BY MR. :

What did you, at the time, understand to be the expectations for the speakers and what they would speak about at the event?

A lot of details were in flux. So what we wanted to do was communicate, not set things in stone but to communicate because there were a lot of moving parts. I remember Wren talking about where the VIP entrance would be, and I don't know if she talked about the locale or the process or—or what.

 * BY :

Okay. So moving to January 4th, right. So it's January 3rd, and now it's January 4th. Do you recall speakers being changed, or being notified that speakers were changed from your original list for the January 6th Ellipse rally?

I don't recall.

You don't recall being told by Ms. Wren on the evening of January 4th or the morning of January 5th that there was a new group of speakers that would be speaking on January 6th? I'm not referring to the text messages. I'm just asking if you remember.

I don't remember. I don't remember at all. I remember every day there being significant changes in logistics and/or speakers for either event.

Who was communicating these significance changes to you around January 4th or 5th?

Caroline Wren.

And what was her—and what was her reaction, or her mood as she was communicating these changes to you?


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162 contact with Congressman Kelly?

I'm not sure. Rose Tennent was his contact.

I think you covered that.

I think that's—

 * BY MR.

Do you remember who arranged this call on January 3rd?

I believe that I was the person who initiated this call.

 * BY MR. :

Were any representations made by Ms. Wren about the expectation for the events from the White House or campaign perspective that you remember?

I really—I—I don't recall.


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 same individual, in childhood, than it is at an adult age. The want of culture, or the long continued pressure of necessity, or the indulgence of sensual propensities, often obliterates the intellectuality and the moral sensitiveness which had belonged to the child, so that the man at thirty is, in a philosophic sense, much less remote from the brute, than he had been at four or five. The vivid pleasure derived by children from the objects that surround them, instead of indicating the prevalence of the animal part of our nature, is directly a proof of the vivacity and supremacy of its intellectual elements. A child’s happiness is the happiness of the SOUL, much more than of the body;his joys, instead of staying in the sense, go through and through him; and just as a babe of three months old smiles all over, when it smiles at all, and kicks with merriment, so does a child enjoy what he enjoys, with a throb of his every faculty.

I must return for a moment to the subject of graphic instruction, as peculiarly adapted to promote the objects of early education. Far more use might be made of this means of quickening the mind than is often attempted; and let me be allowed to remind young mothers (and young ladies) that, in practical value, the ability to sketch rapidly, in a characteristic manner, all sorts of common objects, vastly outweighs some four or five of those accomplishments to which years are devoted in youth, and which are usually laid aside, and lost, when the duties of domestic life are entered upon. Prints, it is true, may be purchased; but beside many objections to which they are liable, and their cost, if provided in sufficient number and variety, it is found that a fresh sketch, adapted to the occasion, and suited to a child’s age and taste, imparts more pleasure, and subserves better the ends intended.

A mother, qualified to use her pencil in this manner, may, without labour, bring all the most familiar and the most