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Rh He came to the village, asked for the Desyatnik and bade him if such and such an old man came along that way, to bring him to the same hut. Elisyei did not come to the night-quarters. Efim went on further, and asked everyone if they had noticed a bald-headed pilgrim. No one had seen him. Efim was surprised, and went on alone.

"We shall meet somewhere or other," thought he, "at Odessa, or in the ship," and he thought no more about it.

He went on his road with a pilgrim. This traveller was in a cape with a long cassock beneath it, and long locks; he had been at Athos, and was going to Jerusalem for the second time. They met at their night-quarters, struck up an acquaintance, and went on together.

They got to Odessa all right. They waited for a ship thrice twenty-four hours. Many pilgrims were waiting: they came from various quarters. Again Efim asked about Elisyei, but there was no word of him.

The pilgrim told Efim how he might cross in the ship without paying any money, but Efim Tarasuich would not listen to him.

"I would rather give money," said he, "and I've laid by for it too."

He gave forty tsyelkoviki for his passage there and back, and bought bread and dried herring for the journey. They loaded the vessel, took on board all the pilgrims, and Tarasuich and the pilgrim went on

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 Sir Benson, then, justified the recognition of polygamy in the Colony on the grounds of international comity and how bold and vigorous a decision that was will be seen when the state of legal opinion in England at the time (1858) is examined. Great writers. on international law such as Kent. Burge and Story, put polygamy outside the pale of the comity of Christian nations without qualification, as did all the recorded decisions of the English Courts up to that time.

In 1861 Sir Benson Maxwell had an interesting Chinese case before him in Penang, the case of Nonia Cheah Yew vs. Othmansaw Merican and anor, 1 Ky. 160, in which he held that a Chinese female in this Colony is at liberty to marry, after being divorced from her former husband, notwithstanding that no guardian was present at such second marriage, the law of China to the contrary not being applicable to this Colony.

In Sir Benson's judgment he holds that by the law of China to render a second union a marriage there must be a person to give the woman away to the new husband and a delivery of marriage presents otherwise it was considered simply as a case of concubinage.

"If this rule were in force here, it was plain that the marriage set up could not be sustained, for the plaintiff admitted that neither her uncle, the head of the family, nor any one else, gave her away. But the rule could not be held essential here under English law, where a very different degree of liberty and respect was accorded to women than in China or other parts of the East. In China a woman appeared to be, as in India, in a state of perpetual tutelage, and to be either under a general incapacity to contract, or to have no right to dispose of her person as she pleased. The necessity of giving away was not so much a part of the ceremony, as a consequence of the general law relating to the status of a woman. But here this must be determined by the English and not by the Chinese law."

The Recorder went on further to find that as a matter of fact no second ceremony of marriage took place at all, apart from the question of its legality.

The first part of the decision involved Sir Benson in a strange departure from the principle of comity which he had laid down in Regina vs. Willans. If the marriage was bad according to Chinese law, how could it have been valid according to the English Common Law?

Chinese law and custom, however, are rejected by the Court and an artificial creation substituted.

The above is the only recorded case in which the question of divorce amongst the Chinese has arisen. In it the judgment shows that a divorce paper was produced in evidence but how, or even if, the divorce was proved to have been valid according to Chinese law the report is quite silent.

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


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 "Send the warrant round to me, and I'll put in an alias," cried Hiram, from behind his cover.

"Put in a jackass, and you'll put in yourself, Mister Doo-but-little," shouted Benjamin, who kept squinting along his little iron tube, with great steadiness.

"I give you but one moment to yield in," cried Richard. "Benjamin! Benjamin! This is not the gratitude I expected from you."

"I tell you, Richard Jones," said Natty, who dreaded the sheriff's influence over his comrade; "though the canister the gal brought, be lost, there's powder enough in the cave to lift the rock you stand on. I'll take off my roof, if you don't hold your peace."

"I think it beneath the dignity of my office to parley further with the prisoners," the sheriff observed to his companion, while they both retired with a precipitancy that Captain Hollister mistook for the signal to advance.

"Charge baggonet!" shouted the veteran; "march!"

Although this signal was certainly expected, it took the assailed a little by surprise, and the veteran approached the works, crying, "courage, my brave lads! give them no quarter unless they surrender," and struck a furious blow upwards with his sabre that would have divided the steward in moieties, by subjecting him to the process of decapitation, but for the fortunate interference of the muzzle of the swivel. As it was, the gun was dismounted at the critical moment that Benjamin was applying his pipe to the priming, and in consequence, some five of six dozen of rifle bullets were projected into the air, in, nearly, a perpendicular line. Philosophy teaches us that the atmosphere will not retain lead; and two pounds of the metal moulded into bullets, of thirty to the pound,


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 In 1867 Sir Benson gave his famous decision in the case of In the goods of Lao Leong An, W.O.C. 35, 1 S.S.L.R. 1, in which he decided that the secondary wife (t'sip) of a Chinese intestate was entitled to an equal share of the intestate's property with the principal wife (t'sai).

In that case it was urged in resisting the claim of the secondary wife (t'sip) that her condition was not that of a wife but a concubine, that is to say, that her status was not a legal one at all and that she was without legal rights at all; a mere mistress, indeed. Sir Benson over-ruled the contention and held that she was a lawful spouse. He arrived at this result from a perusal of Sir George Staunton's translation of the Chinese Penal Code. It is unnecessary to go into his reasoning here as the matter will be dealt with later.

For forty years the Courts acted on this decision and it remained unchallenged until the famous Six Widows' rase. Before turning to that case there are, however, one or two other decisions of the Court that need short consideration.

In 1887 in the case of Lee Joo Neo vs. Lee Eng Swee, 1 Ky: 325, Sir John Goldney held that in distributing the estate of a Chinese dying intestate domiciled in the Colony and leaving property in it, the Statute of Distributions is the only rule, and the exclusion of females in sharing in such estate according to Chinese law and custom will not be recognized.

It will he convenient, therefore, to observe here that the law of this Colony as it now stands gives to the widows, principal and secondary, the widow's share under the Statute to divide equally amongst them, whereas Chinese law would give them merely a right to maintenance. Again under Chinese law female next of kin are excluded, save in exceptional circumstances, from any share in the estate, though they may brave claims to maintenance, whereas by the law of this Colony they take equally with males.

Our law is, therefore, very clearly neither English nor Chinese law but a mixture of the two.

In 1890 the question was raised in Penang before Mr. Justice Wood in the case of Regina vs Yeok Boon Leng, Ky: 630, as to whether a Chinese could be convicted of bigamy. The accused was acquitted because the prosecution omitted to bring evidence that by Chinese law or custom the second marriage was void by reason of its taking place in the lifetime of the first wife.

In 1901 the same question arose at Malacca in the case of The King vs Sim Boon Lip, 7 S.S.L.R. 4. with most unfortunate results to the accused who was sentenced to three months' simple imprisonment. The accused was at first acquitted before Sir Archibald Law by a majority of four to three, but this majority being insufficient, a new trial was ordered which duly came on before Sir William Hyndman-Jones. It would appear, though it is not


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 expressly so stated in the report, that the accused took a second t'sai or principal wife in the lifetime of the first. By Chinese law this offence is punishable with ninety blows of the bamboo and the lady must be returned to her parents. The Acting Consul General for China at that time gave evidence that the second marriage was illegal according to Chinese law.

The conviction was most unsatisfactory and the defence of the accused would not seem to have been conducted too skilfully though very possibly the report does not do justice to the counsel concerned.

It should be mentioned that the custom in Penang, according to sworn evidence recorded in the Supreme Court there, is that a Chinese can have a t'sai in Penang provided his other t'sai is in China. The Penang t'sai would then be called a peng t'sai.

There are no other reported decisions on the law of bigamy as applicable to the Chinese but the present position in this regard can only be considered as very unsatisfactory.

We come now to the great Six Widows' Case as it is commonly called from the fact that in it six women claimed to be the lawful widows of the late Mr. Choo Eng Choon, a very wealthy and well-known Chinese gentleman, who was a British-born subject and domiciled in the Colony. The case is reported in Volume XII of the Straits Settlements Law Reports, where it occupies one hundred and six pages; it lasted from October 1905 to June 1909.

A determined attack was made on the settled law of the Colony by counsel for the son of the deceased by his first t'sai, and by counsel for a second t'sai whom the deceased married after the death of his first. The settled law was upheld by counsel (of whom the writer was one) for the women who claimed merely to be t'sips; and the attack upon it was over-ruled by Sir Archibald Law on appeal from Mr. Registrar Velge's findings, and by Sir William Hyndman-Jones and Sir Thomas Braddell on appeal from Sir Archibald Law.

For the sake of convenience the unsuccessful parties will be called the appellants, though before Sir Archibald Law all the parties concerned were appealing, and in the Court of Appeal several of them.

The first main argument put forward by the appellants was that the Chinese are not a polygamous race and that the expression polygamy imports an equality amongst the wives. They called a somewhat formidable array of expert witnesses amongst whom were Messrs. Tso Ping Sing, Consul-General for China, Snen Sze Ting, Acting Consul-General for China, and Lo Tseng Yao, a former Acting Consul-General for China.

The views of these three gentlemen may be summed up as follows and undoubtedly accord with a strong body of opinion amongst the educated Chinese of this Colony at the present moment.


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 (1) According to the law of China a man can have only one lawful wife;

(2) If the husband is of official rank, she is entitled to official honour through her husband;

(3) The proofs of a legal marriage according to Chinese law are the three marriage documents, the six stages of the marriage ceremonies, the go-between and the fetching of the bride from her guardian's house in procession accompanied by a band;

(4) In addition to his wife a man can take as many concubines as he pleases:

(5) A concubine is only entitled to official honour through her sons but not through the father of her children who is not her husband but her lord and master:

(6) A concubine may be purchased with money without any ceremony at all.

This seemed strong evidence that the Chinese are monogamous, but as Sir William Hyndman-Jones in his judgment said "however great the respect we may have for the opinions of the Chinese gentlemen who have given evidence upon the subject—all of them, excepting one, holding high official rank and one of them Mr. Lo Tseng Yao, being not only a high official of his own country and versed in its laws, but also, as I understand, a barrister-at-law of the Inner Temple—I say however great a respect we may entertain for the views of these gentlemen, we cannot allow them to decide this question for us. On the contrary, it is our duty to consider the position which the law of China has given to these women so far as we can gather it from all the sources above indicated and in the light of that law and having regard to the position and being aided but not restricted by the evidence to which I have referred, decide for ourselves the question whether the Chinese as a race are monogamous or polygamous."

In addition to the oral evidence of the experts, a large mass of written evidence was used in the course of the case in the shape of books and treaties upon Chinese law and custom.

It may be said at once that every Judge who has ever sat on the Bench of this Colony has, so far as is known, held the Chinese to be polygamous and so treated them. What these Chinese gentlemen who gave evidence overlooked was that the Chinese law gave to the women whom they called concubines a very definite legal status, not as high as that of the t'sai or principal wife it is true but such as to show that they stood in a very different position to that of mere mistresses or the subjects of casual connections.

There was, further, an even more important point which these gentlemen overlooked. The children of the t'sip are legitimate according to Chinese law and share with the children of the t'sai in their father's estate. How then are you to regard an union as


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 illicit when the offspring of it are legitimate? To declare the union of a Chinese with his t'sip as being outside the pale of the law of the Colony would be to bastardise a large proportion of Chinese born in the Colony, and to deprive of all rights numbers of women, most of whom have devoted years of their lives to the men with whom they lived.

Taking all the facts concerning the position of the t'sip into consideration Sir Benson Maxwell's view that they were lawful wives was upheld on reasoning similar to his. Sir William Hyndman-Jones summed the position up thus:—

I have already said that in the diversity of opinion before us we must decide the question of monogamy or polygamy mainly by a consideration of the position which the law assigns to these women: and it appears to me that when you find that concubinage is not only tolerated by the law but recognised as a legal institution, then concubinage ceases to be that which Western nations are accustomed to understand by that name and becomes polygamy."

The argument that polygamy imports equality amongst the wives was quite unsupported by authority and over-ruled. Indeed there was a clear English authority against it, the strange case of Christopher Bethell which may be considered with regard to this argument as well as with regard to the second main argument of the appellants namely that if the Chinese are polygamous then, as English Courts cannot recognise polygamy for any purposes, the Courts of this Colony cannot recognise their union at all.

In dealing with Regina vs Willaus it was pointed out that up to the date of that case, 1858, all jurists put polygamy outside the pale of Christian nations. It is now necessary to see how the law in England had dealt with the matter between 1858 and the time. when the Six Widows' Case was being argued.

It is obvious that in England a marriage might come before a matrimonial Court or might come before a Court which had merely to decide on rights arising out of the marriage. The English matrimonial Courts are purely Christian Courts and their machinery and weapons are only intended for use in dealing with monogamous unions: it is obvious that they would withdraw from any consideration of a polygamous union as between the parties to it. Whether the rest of the English Courts would refuse to adjudicate in any circumstances upon the rights of the issue of a polygamous union is another matter and as yet unsettled.

In 1866, in the case of Hyde y Hyde and Woodmansee, already referred to, a Mormon husband filed a petition for dissolution of his marriage on the ground of adultery. Lord Penzance said that it was obvious that the matrimonial law of England was adapted to the Christian marriage and wholly inapplicable to polygamy. In rejecting the prayer of the petition on this ground he was careful to add at the end of bis judgment these words "this Court does not profess to decide upon the rights of succession or


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 legitimacy which it might be proper to accord to the issue of the polygamous unions nor upon the rights or obligations in relation to third persons which people living under the sanction of such mions may have created for themselves. All that is intended to be here decided is that as between each other they are not entitled to the remedies, the adjudication, or the relief of the matrimonial law of England."

The only case in which the rights of the offspring of a polygamous union have come before the English Courts is that of In re Bethell, Bethell Hildyard, L.R. 28 Ch. Div. 220, but unfortunately in that case counsel for the issue of the union made the admission that if the union was held to be polygamous there was an end to his client's ease. Again, as will be seen, it was not a case of two members of a polygamous race marrying according to their own rites but of an English Christian making a union with a woman of a polygamous race.

Christopher Bethell left England for the Cape of Good Hope in 1878 and never returned: he was killed in Bechuanaland fighting as a trooper in the mounted police in an encounter between his force and the Boers. In 1883 he had gone through a form of marriage at Mafeking according to the custom of the Baralong tribe with a girl named Teepoo by whom he had a child. As he was the legatee of property in England under his father's will it became necessary for the English Court of Chancery to decide whether in the eyes of the law of England this child was legitimate, and an enquiry by the Chief Clerk of the Court was ordered. This Official certified that the Baralongs had no religion nor any religious customs and that polygamy was allowed in that tribe. He also certified that Christopher Bethell's domicile at the time of his marriage was English.

The evidence before the Chief Clerk showed that amongst the Barolongs "each male is allowed one great wife and several concubines who have almost the same status in the home as the great or principal wife" and the chief of the tribe in his evidence said there are those who have two, three or four wives but the first is the principal wife."

Mr. Justice Stirling, as he then was, agreed that upon this evidence the Chief Clerk was right in finding that the Barolongs were polygamous: and he held that the law of England could not recognise the union. All the miserable infant got was its costs out of the estate! This is not the place to discuss the judgment, though it may he observed that the learned Judge held himself bound by the decisions of matrimonial Courts, in particular, by Hyde v. Hyde and Woodmansee, and that he made no mention of the saving clause already quoted at the end of the judgment in that case.

This case, however, was really the only one that the appellants in the Six Widows' Case could rely on as being in any way on all fours with the case which they were arguing.


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 On the other hand, in his work on Extraterritoriality Sir Francis Piggott, late Chief Justice of Hongkong and a jurist of considerable eminence, gives some very cogent reasoning to the effect that for the purposes of succession the English Courts would recognise the offspring of the union of, say, a Turkish man and woman as legitimate and entitled under the Statute of Distributions, while Professor Dicey regards the whole question as doubtful. certainly not as decided by Bethell's case or the matrimonial cases.

The Court of Appeal had little difficulty in over-ruling the appellants and they based their decision not on international comity, as Sir Benson Maxwell had done, but on the Charter, which he had refused to do. This charter was the third one of 1855.

The Six Widows' Case, however, added one new decision to the law relating to Chinese marriages. The Court held that a child legitimised per subsequens matrimonium according to Chinese law is legitimate and entitled to share in the two-thirds share which the Statute of Distributions gives to the children of a deceased intestate. In doing so the Court followed the well-known English case of In re Goodman's Trusts, L.R. 17 Ch. Div. 267, where a child similarly legitimised under Dutch law was held to be legitimate and entitled to share under the Statute in English property.

It now remains to notice the last two cases in the Colony, those of Ngai Lau Shia vs. Low Chee Neo in Singapore and Cheang Thye Phin vs. Tan Ah Loy in Penang, in both of which the author appeared as counsel for the claimant ladies, both here and in the Privy Council. Neither case is as yet locally reported but the decision of the Privy Council will he found in the Law Reports 1920 A.C. 369.

Ngai Lan Shia claimed to be a lawful daughter of the late Mr. Low Kim Pong, a wealthy Singapore merchant: she had attempted to prove a ceremony between the deceased and her mother as a t'sai but the evidence was disbelieved. It was then argued on her behalf that her mother should be presumed to have been a t'sip of the deceased from cohabitation and repute, in which she succeeded, the Court holding that such a presumption may be made upon proper evidence. It also decided that the Courts here will now take judicial notice of the fact that the Chinese are a polygamous race.

Tan Ah Loy claimed to be presumed to be a t'sip of the late Mr. Cheang Ah Quee, the last Captain China of Perak. She failed to prove a ceremony of any sort and Mr. Registrar Gibson found against her. as he was unaware of the decision in Ngai Lau Shia's case and thought that the Six Widows' Case had decided that some ceremony was necessary to constitute a proper secondary marriage. Her claim was upheld by the Court of Appeal and the Privy Council both of which held that no proof of a ceremony is essential, and presumed for her a marriage as a t'sip from cohabitation and repute.


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 "China is a land of general inversion according to Western ideas. In the West legitimacy of offspring depends on the lawful character of the union from which they come.

"Conversely, the offspring of the t'sip being recognised as legitimate, the union from which they come must be regarded as lawful.

"English law again does not recognise any intermediate system between monogamy and polygamy and I cannot see how it is open to us to attribute to the t'sip any status than that of a polygamous wife."

It will be seen, then, that English law has been mated by our Judges to Chinese law and from the union a half-caste offspring has resulted. It is no fault of the Judges: they have had the almost impossible task of welding Eastern ideas into Western law. What they have done has resulted in very fair justice and those who readily clamour for legislation on the subject of Chinese marriages would do well to remember that several of the best lawyers we have had here have tried their hands on the subject and dropped it. The plain unvarnished fact that governs the whole matter is that the views of the Chinese of this Colony are so very divergent that legislation is practically impossible.

In the Federated Malay States Chinese custom is alone observed but, then, the common law of England does not run there, as it does here.

In conclusion it may be observed that the Manchu Code (Ta Ching Lu Li), the most comprehensive source for Western students of Chinese Law, was promulgated in 1617 by the Chinese Justinian, the Emperor Shum Chi. It consists of the Lu, corresponding to the first three parts of Justinian's Pandects, and the Li, answering to that Emperor's Novellae. It was to the Lu, as translated by Sir George Staunton and published in London in 1810, that our Courts have gone chiefly for their information. Staunton was, as is well known, an attaché of the first British diplomatic mission to China in 1793. Practically no epitome of Chinese law has appeared since his work.

Lastly it must be remembered always that in the Chinese mind law (lu li) and general custom (kuei chu) are mixed up and cannot be separated. Chinese family law, in particular, is not purely a matter of law but includes a large number of general usages.

The difficulties which our Courts have had to overcome cannot be understated and the writer can speak with very personal feeling as to the difficulty in arriving at the precise Chinese law on any subject that presents itself to any one who can neither read nor speak the Chinese language.


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The New York Times/1918/11/11/Adverts

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title: The New York Times/1918/11/11/Adverts


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text:
Talk:Medical writings

Source
Norwikian Can you say more about the provenance of this text? I searched at the Internet Archive, compared the text to what I found there, and came up with nothing. -Pete (talk) 18:46, 10 March 2024 (UTC)

 * @Norwikian, BrandenJames: I found this text here. You'll need to log into an Internet Archive account to read the relevant note, but on p. 122 it attributes the translation to Norbert Guterman, published in New York 1958. Not sure whether copyright was renewed, but it seems uncertain whether or not the translation is in the public domain. -Pete (talk) 15:55, 14 April 2024 (UTC)
 * Is it not coming from this text? https://archive.org/details/A.EWaiteTheSecretTraditionInFreemasonry_20170511_0211/A.%20E%20Waite%20-%20A%20Book%20of%20Mystery%20and%20Vision%2C%201902/mode/1up BrandenJames (talk) 18:33, 14 April 2024 (UTC)
 * @BrandenJames I'm pretty confident it's not. I've run multiple searches for bits of the Wikisource text against this work and other Waite works on the Internet Archive, and come up with nothing. But, it does clearly match the Guterman translation, which was apparently first published in 1958. Guterman's life was entirely in the 20th century, so he definitely didn't publish anything prior to Waite's work. Are you seeing something I've missed, though? -Pete (talk) 16:07, 15 April 2024 (UTC)
 * There was a renewal of a 1951 Guterman translation. I don't think this link will work, but you can run a new search: The renewal was in September 1979, which is a strange date (it's much less than 27 years after initial publication); I'm not sure what to make of that. I'm also perplexed by the basis of the claim: "New Matter: "translation plus translation of new foreword written for this work in German but not published in German."" -Pete (talk) 16:21, 15 April 2024 (UTC)
 * ok, I'll remove the licence tag then BrandenJames (talk) 17:53, 15 April 2024 (UTC)
 * Nvm, see that is already been done BrandenJames (talk) 17:54, 15 April 2024 (UTC)

title: Talk:Medical writings


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 dition unparalleled for its advantages in the history of mankind; and this also must be accounted for upon the same principle, namely, the execution of a judgment upon the good, these advantages being a revelation of that event. Now as this judgment was to be executed by the Lord at His second coming into the spiritual world, and as the influences of that phenomena are being experienced in the world of men, it will follow that we are now living in the period of His second coming. There may be a reluctance to accept this view of the case, because mankind have been so long and so commonly taught to associate with the accomplishment of the prophecy the idea of the overthrow of the universe; but, as that is an evident mistake, it will be wise for them to put aside their hesitation, and seek for more reasonable interpretations. The materials for this they will find in the startling changes which, within the last century, have taken place in the whole round of human thought; changes which indicate the activity of a new intelligence in the world, and which prove, most decisively, that we are living in a new age of Christianity.

As His personal advent into the natural world was not intended by the Lord's Divine promise to come again, it will follow that He designed to realize that prediction by means of some beneficent influences in the world: this is the only alternative. Whatever be the nature of the Lord's


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 In the case of Ngai Lan Shia the scholarly pen of Mr. Justice Ebden has illuminated and summed up the whole views of our Courts on the subject of Chinese secondary marriages: and an article such as this would be quite incomplete and ineffective without reprinting in it the following passage from his judgment.

"The Chinese equivalent of the English word "marriage" in its most careful sense is used only of the man and only with reference to his union with the t'sai, the principal wife, chosen for him by his father or by the person under whose patria potestas he happens to be.

"If the man enters on a second kit-fat union [full marriage] during the lifetime of his t'sai he is punishable with 100 blows of the bamboo (the usual instrument) and the union is null and void.

"The man who degrades a t'sai to the level of a t'sip or raises a t'sip to the level of a t'sai is punishable with 100 or 90 blows according to the respective offences, and the ladies in each case are to be replaced in the position to which they are originally entitled. The process of elevation or reduction is not defined but the provision indicates that the t'sip has some position from which she can be wrongly elevated and to which she can be reduced.

"The t'sai becomes a relative of her husband's family and a 'senior to be treated with respect.' The t'sip does not enjoy these privileges. She cannot share the man's honours. She can attain to honours only through her sons.

"A man having married a t'sai at his father's choice may buy or 'acquire' as many t'sips as he pleases at his own. The t'sai is chosen from his own rank: he may take his t'sips from a lower class. But the t'sip may not any more than the t'sai be taken from the Seh [family name] of the man.

"As to this the "Book of Rites" mentions an interesting injunction by Confucius:—

"'In marrying a t'sai do not marry anyone of the same family name so as to make a distinction.

"'So in the purchase of a t'sip whose name is unknown find it out by divination.'

"This because the t'sip may be drawn from a class in which girls are the subject of barter and sale in their childhood with the result that her Seh may have been lost.

"The Manchu Code accepts the t'sip as having an established position in the Chinese family system and protects her in that position though it does not define it.

"Scholars and lexicographers have not hesitated to define the concubinage of the patriarchs as amounting to legitimate marriage though implying an inferior condition of the wife to whom the


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 husband does not convey his rank or quality: vide, e.g. definitions of 'concubine and concubinage' in Webster's Unabridged Dictionary and in Wharton's Law Lexicon quoting John's Biblical Antiquities.

"If this view is true of the concubine of the Pentateuch it is certainly true of the t'sip. Abraham from motives of policy presented Sarai his wife, "a fair woman to look upon" as his sister to more than one royal suitor. The Pharaoh of the period met with great plagues in consequence—Ahimelech of Gerar received timely warning "in a dream by night."

"Under the Manchu Code Abraham would have received one hundred blows even for dealing by Hagar or Keturah his t'sips as he did by Sarai his wife.

"Again, if Staunton is right in his interpretation of section 116 of the Code, Abraham would have suffered castigation for his action in turning Hagar out into the wilderness merely to appease the jealousy of Sarai.

"Sentiment and the material feelings are doubtless often influences in the selection of a t'sip. The man's guardian chooses his t'sai. He chooses his t'sip for himself. There is a proverb to the effect that a t'sai is taken for her virtue, a t'sip for her beauty.

"But it seems to be fully accepted that the taking of a t'sip is authorised in order to the fulfilment of the dictates of filial piety which requires male issue for the purpose of ancestor worship.

"There does not seem to be any need to review what has been shown before the Courts on former occasions as to the status of the children of the t'sip. It is enough to say that in some respects there is no distinction drawn between them and the children of the t'sai while the sons of the t'sip have their place in the order of succession to the inheritance and to hereditary dignities. They also share, though not on equal terms, in the patrimony.

"Herr von Mollendorf has compared the unions of the t'sai and of the t'sip to connubium and concubinatus respectively. This may stand as a rough comparison. The union of the t'sai approaches justae nuptiae as nearly as the East can approach the West. But whereas the offspring of concubinatus did not come under the patria potestas except by process of legitimation, the offspring of the t'sip are subject to it as an incident of their birth.

"English law cannot conceive of varying degrees of legitimacy of birth or marriage. Birth can be either legitimate or illegitimate and the union between man and woman can be either lawful or illicit. There is no middle state. It does not seem possible to interpret the status of the children of the t'sip as anything but that of legitimate children. They are fully recognised. Nor does it seem possible to hold that children whom we must accept as legitimate can have sprung from an union which remains illicit.


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 coming at any time, it is His influences which benefit: and the ulterior purposes of every advent has been to confer some new blessings upon society. How clear is this in the case of His first advent! By means of the Christianity He then established, a new condition of spiritual life and thought was created among mankind. A new centre of light was provided, and this extended itself to a wide circumference; it produced new thoughts about Divine things, and gave existence to new loves respecting them, so that in the process of time a really new condition of mental and moral life was evolved, and an entirely new state of society was produced among all the nations by whom its revelations were received. This was accomplished after preceding revelations had been rendered of none effect; and as the Lord's second coming is to be occasioned by corruptions setting in upon the teachings of His first advent, we may rest assured that the general design of that coming is to introduce to the world a new condition of religious and intellectual thought: hence we conclude that whenever such a condition of thought is developed in society, and fairly recognised by it, that then is the period in which the prediction is being fulfilled. This view is in accordance with the generally received law for the interpretation of prophecy, which is that the precise meaning of it is scarcely ever to be determined until the time of its fulfilment: thus we must look to events to establish the truth of our explanation of its terms; when the events and explanations agree, we may safely conclude that the prediction is accomplished. Let us carry this view to the promise we have before us.

There can be no doubt that within the last century a condition of mind has been developed and brought into activity in every department of human learning and civili-


text: Journal of the Straits Branch of the Royal Asiatic Society/Volume 83/Chinese Marriages, as regarded by the Supreme Court of the Straits Settlements


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Summary
A user-created flyer advertising Wikisource and the unofficial Wikisource Discord server.

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 zation which has not been experienced in any preceding age; it is distributing benefits, and conferring blessings in all quarters of the globe. To what can this be attributed? The facts are certain; where are we to find their causes? Some may say, as intimated in the preceding chapter, it is the activity of the human mind which is producing them. This may be admitted, but what has put the mind into this state of activity in modern times? And how did it happen that it remained for so many centuries before in a state of sluggishness and torpor? These questions cannot be answered upon the principle that the human mind has been the sole cause of these results. The mind does not shut itself up, neither does it put itself in motion. These effects must be referred to some other cause. The degradation of the mind can only be attributed to some unfavourable influences operating upon it; and any elevation which it experiences must be ascribed to some benevolent source higher than itself. As, therefore, the Lord's declaration is divinely true, namely, "Without me ye can do nothing," it will follow that He is the primary Author of all the advantages which society is now beginning to enjoy; and as they have a greatness and superiority over those of all preceding time, it plainly appears that He is by them realizing His promise to "come again." He is "the true light which lighteth every man that cometh into the world." "A man can receive nothing except it be given him from heaven." "Every good gift and every perfect gift is from above, and cometh down from the Father of lights;" and where His blessings are, there He must be: they cannot be separated from Him, nor He from them. When, then, they are displayed in such abundance and richness as we see them to be in the period in which


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 Points of the Compass in Brunei Malay.

Director of the Raffles Museum and Library, Singapore.

Some seven years ago I made a note of the Malay words used for the points of the compass by Brunei Malays. In Sarawak the ordinary dictionary words are used, but in Brunei they have a slightly different system. A curious feature of it is that in nearly every instance the points of the compass are moved round one place, either "upwards" or "downwards:" thus utara, "North" in ordinary Malay, is "North East" in Brunei Malay, while selatan, "South," becomes "South East" in Brunei Malay. The following table shows the two systems:—

It will be seen that the two systems agree on one word only, viz. timor for "East." The four words for South, South West, West and North West are all moved round one place in one direction, while utara for North is moved one place in the opposite direction. I can offer no suggestion as to the reason for this rather curious difference in the two systems, and I only call attention to it in the hope that someone else may be able to throw some light on it.

For "North" the Bruneis introduce a new word Iraga (sometimes Uraga), for which I have been unable to find any parallel or possible derivation in other Malayan dialects.

'The Brunei use of barat tapat for South-West is interesting in view of the fact that tapat means literally "due," "exact;" thus barat is "West," and barat tapat "due West" in ordinary Malay.

On the coast of Northern Sarawak both systems are known. In that part of Borneo there must be many instances of Sarawak and Brunei Malays working together in the same ships and one would imagine that some confusion must arise over the similarity of the two systems, which however differ from one another in such important details.

Messrs. C. D. Adams and F. H. Kortright, of the Sarawak Civil Service have been kind enough to verify the accuracy of my notes from Brunei Malays in their districts (Baram and Miri). I have also received independent confirmation from Mr. W. H. Lee-Warner who made a note of the Brunei system when he was Assistant Resident in that District.


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Rh spiritual aspiration is the same-only uttered under greater difficulties—as that of the Psalmist when he exclaims, "One day in thy courts is better than a thousand!" We may or may not adopt Erasmus's view of his inspiration—or rather, inspiration is a word which has more than one definition, and this would depend upon which definition we take; but we may well sympathise with the old scholar when he says—"I feel a better man for reading Cicero."

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Rh me; it still looks fondly back upon me, though it has gone assuredly into those abodes where he knew that I myself should follow. And this my great loss I seemed to bear with calmness; not that I bore it undisturbed, but that I still consoled myself with the thought that the separation between us could not be for long. And if I err in this—in that I believe the spirits of men to be immortal—I err willingly; nor would I have this mistaken belief of mine uprooted so long as I shall live. But if, after I am dead, I shall have no consciousness, as some curious philosophers assert, then I am not afraid of dead philosophers laughing at my mistake."

The essay on 'Friendship' is dedicated by the author to Atticus—an appropriate recognition, as he says, of the long and intimate friendship which had existed between themselves. It is thrown, like the other, into the form of a dialogue. The principal speaker here is one of the listeners in the former case—Lælius, surnamed the Wise—who is introduced as receiving a visit from his two sons-in-law, Fannius and Scævola (the great lawyer before mentioned ), soon after the sudden death of his great friend, the younger Scipio Africanus. Lælius takes the occasion, at the request of the young men, to give them his views and opinions on the subject of Friendship generally. This essay is per-

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 This French settlement is to this day one of the main French ports in Africa, and it has remained in their possession, with the brief interval of falling into the hands of the English for a few months.

The company that took over the enterprise of this Rouen and Dieppe Association in 1664 was called the Compagnie des Indes Occidentales; it paid for the stock and rights of the previous association the sum of 150,000 livres, and it had tremendous ambitions, for not only did it buy up the West African enterprise, but also the rights of the lords proprietors in the isles of Martinique, Guadaloupe, St. Christopher, Santa Cruz, and Maria Galanta in the West Indies. This company came to a sad end when it had still thirty years of its charter to run; in 1673 it sold its remaining term of West African rights to a new company called d'Afrique for 7500 livres. Its West Indian possessions the king seized in 1674, and united them with the Crown.

Its successor, the Compagnie d'Afrique, started with its thirty years' charter, and all the great ambitions of its predecessor. The king gave it every assistance in the way of ships and troops to carry out its designs; and it availed itself of these, for finding its trade incommoded by the Dutch, who were then settled at Anguin and Goree in 1677, it got the king to remove the Dutch nuisance from Goree by an expedition under Count d'Estras, and in 1678, by an expedition of its own, under M. de Casse, it cleared the Dutch out of Anguin.

This company also made many treaties with the native chiefs. In 1679, by means of treaty with the chiefs of Rio Fresco, nowadays barbarously spelt Rufisque, and Portadali, now Portindal, and Joal, whose name is still uninjured, it acquired rights over all the territory be-

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Bishop of Singapore and Sarawak, 1881-1908.

With portrait.

Bishop Hose was born in 1838 (September 3rd) and was educated privately and at St. John's College Cambridge. He held the Curacy of Roxton, Beds., 1861-1865, and was ordained Priest in 1863. He was at first curate of Holy Trinity, Marylebone 1865-1868, and married Emily, daughter of J. Kirby,, in 1867. He became Chaplain of Malacca in 1868 till 1873, and Chaplain of Singapore in 1873, becoming Archdeacon of Singapore in 1874 till 1881. He was consecrated Bishop of Singapore, Labuan and Sarawak on Ascension Day, 1881, in Lambeth Palace Chapel by Archbishop Tait assisted by 7 other Bishops amongst whom was Bishop McDougall, the Pioneer Bishop of Sarawak, a contemporary of Sir James Brooke. He was the third Bishop of Sarawak and first of Singapore, and his jurisdiction comprised the Straits Settlements, Java, Labuan and North Borneo with spiritual superintendence over the English Congregations in the Malay Archipelago and Siam.

The Bishop at the time of his retirement in 1908 had thus been a Minister of the Church of England for nearly 50 years. He had served 40 years in the Far East, and for the last 27 years of that period as Bishop over a widely scattered and then little known area. Previous to his arrival as a Chaplain the Straits Settlements had been part of the See of Calcutta and the Bishop of Calcutta used to visit Singapore and Penang about once in 5 years. There were 3 Chaplains one at each station—3 churches, and practically no native congregations attached to the Church of England. The Cathedral Church in Singapore had then been recently completed (1861).


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 The service of Bishop Hose thus corresponded with the life of the Colony of the Straits Settlements as a Colony instead of an Indian Dependency. He saw several generations of Governors and Officials come and go, and witnessed the rapid expansion of the Native States of the Malay Peninsula under British guidance, the rise and progress of British expansion in North Borneo, and the ever increasing prosperity of Sarawak in the hands of the Brooke family.

With this gradual expansion came increasing labours, and increasing responsibilities for the Bishop, and as time went on it became more and more apparent that it was not possible to combine missionary duties in Borneo with the efficient discharge of the duties of an Anglican Bishop in Malaya.

The division of the Diocese so strongly urged by the Bishop himself has already been carried out and the first Bishop of Singapore and Sarawak is thus also the last.

The life of the Bishop as Chaplain in Malacca during his first 5 years of Eastern service was uneventful. It was there that he commenced his studies in Eastern botany and the Malay language which continued to be a lasting interest to him throughout his career. His contributions to our Botanical knowledge have been considerable and will be separately noticed. As a Malay scholar he was not only able to serve the Church by translations of the Scriptures but also the whole community by founding (November 1877) the Straits Branch of the Royal Asiatic Society for the promotion of interest in the science and literatures of Malaya.

As its Founder and President, Bishop Hose has taken a warm interest in the Society for nearly 30 years. He has been in touch with all that is best in the life and thought of Malaya for this long period and will be remembered with affection and respect.

To those who know him, the departure of Bishop Hose is a personal loss. He was of a retiring disposition, but his broad-minded views, and Christian charity, and his fund of reminiscences of the old times made him a delightful companion. Not only will be be long remembered by the Church, and by the


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 European Community of the Straits, but also by Christians in many remote Mission Stations on the rivoes of Sarawak, and in the principal stations of British North Borneo.

This note cannot conclude without reference to the memory of Mrs. Hose, who is buried in Sarawak, and who for over 30 years set a high example of courage and devotion to every Christian woman in the Far East.

15th February, 1909.

As stated in the note above by Mr., Bishop Hose was the Founder of the Straits Branch of the Royal Asiatic Society on Nov. 4, 1877, and was eloctod its first president in 1878. He remained as President being annually re-elected till his retirement from the East.

As President in 1878 he delivered an inaugural address embodying the aims and objects of the Society and suggesting the lines on which the members should carry out the work of investigating and recording the unknown facts and history of the Malay Peninsula, and the ideas suggested by him have been carried out to a very large extent. The original members of the Society were ten in number, of whom the only remaining ones are the Bishop (then the Venerable Archdeacon G. F. Hose) and Mr. D. F. A. Hervey, who are both life members. The Bishop delivered two more Presidential addresses in 1879 and 1880, and also published in the Journal an account of the Ruins of Buro Budur, a catalogue of the ferns of Borneo, a list of ferns of Penrissen in Borneo and an account of the contents of a Dyak medicine chest.

The ferns of Borneo and of the Malay Peninsula had always a great attraction for him, and during his missionary travels he succeeded in making an extensive collection of these plants and adding a great deal to our knowledge of them. He freely distributed specimens to various Museums and a very complete series is preserved in the herbarium of the Singapore Botanic Gardens. Many of the new species discovered by him were described by Mr. Baker of the Royal Gardens, Kew,


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 The Count instantly recollected that it was possible she might have heard of their deaths. Therefore, without advancing, he said, "fear nothing, Madam; two friends of your's are yet alive, and eager to serve you."

"This is happiness indeed!" she exclaimed.—"Where are you?"

Both drew near the sofa, and bowed before her.—Pleasure danced in her eyes, but for a moment she had not the power of speech.

"Take comfort, Madam," said Ferdinand, "you are in safe hands—Mr. and Miss D'Alenberg."

"Ah!" cried she, much affected, "I have been torn from them; they are on the road."

"What! to Vienna?" asked he.

"I believe so—I left them at Ens; there I was discovered—That villain the Count—he—he got me into his power to destroy me."

She had not strength to proceed, and they requested she would not exhaust herself by the attempt; and turning to Heli, (who was pacing the room, and cursing his malicious


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 stars, and his own folly, for introducing them into the room) "it will be necessary to send a physician to this lady."

The Count offered to fetch one, and immediately set off for that purpose, though Louisa tried to oppose the design. Ferdinand, who was eagerly desirous of hearing some intelligence of the D'Alenberg family, remained with Heli in the apartment.

The latter, greatly agitated, had thrown himself upon a sofa. Louisa looked at him with evident terror, and appeared to shrink from his menacing aspect.

"My evil genius seems to predominate," said he to Ferdinand.—"I am to be robbed of this young woman too by Christian artifices."

"Heli," replied the latter, "do not repine that you are made the instrument to rescue an unfortunate lady from villainy. She is of birth and character; has powerful friends, and is married.—She is under the protection of a family I respect, and who will feel the warmest gratitude for her preserva-


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Rh

become familiar with; but we wish, you to give up that everlasting preaching and praying; we cannot become familiar with that at all. You see we never get rain, while those tribes who never pray as we do obtain abundance." This was a fact; and we often saw it raining on the hills, ten miles off, while it would not look at us "even with one eye."

The rain-makers believe that medicines act by a m3-steriou8 charm, and they are all ready with such arguments as the following.

Medical Doctor. — Hail, friend! How very many medicines you have about you this morning! Why, you have every medicine in the country here.

Plain Doctor. — Very true, my friend; and I ought; for the whole country needs the rain which I am making.

M. D. — So you really believe that you can command the clouds ? I think that can be done by God alone.

R. D. — We both believe the very same thing. It is God that makes the rain, but I pray to Him by means of these medicines, and, the rain coming, of course it is then mine. It was I who made it for the Bakwains for many years, when they were at Shokuane; through my wisdom, too, their women became fat and shining. Ask them ; they will tell you the same as I do.

M. D. — But we are distinctly told in the parting words of our Saviour that we can pray to God acceptably in His name alone, and not by means of medicines.

R. D. — Truly ! but God told us differently. He made black men first, and did not love us, as he did the white men. He made you beautiful, and gave you clothing, and guns, and gunpowder, and horses, and waggons, and many other things about which we know nothing. But toward us He had no heart. He gave us nothing except the assegai, and cattle, and rain-making ; and He did not give us hearts like yours. We never love each other. Other tribes place medicines about our country to prevent the rain, so that we may be dispersed by hunger, and go to them, and augment their power. We must dissolve their charms by our medicines. God has given us one little thing which you know nothing of He has given us the knowledge of certain medicines by which we can make rain. We do not despise those things which


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 and many species, e.g., Trichomanes Hosei, Davallia Hosei, Adiantum Hosei Nephrodium Hosei, Meniscium Hosei and Hemionitis Hosei were associated with his name. His own private collection of specimens was unfortunately completely destroyed by an invasion of termites into the Cabinets in which they were preserved during his absence on leave.

He did not however confine his interest exclusively to Ferns, and towards the close of his stay in the East devoted some of his leisure to the collection and study of grasses and sedges of Borneo in which research he was assisted by his daughter Miss Hose. He added too to our knowledge of other groups of plants, as is shown by the names of Dendrobium Hosei and the beautiful climber Hosea Lobbiana which also commemorate his services to botany.

His small garden at Kuching in Sarawak contained many interesting and beautiful plants which he had brought from the Borneo forests and successfully cultivated and we are indebted to him for the beautiful Crinum Northianum only known from a drawing at Kew by Miss North, till on its rediscovery in Sarawak, the Bishop sent living bulbs to the Singapore gardens, whence it has been distributed to many other parts of the world. He introduced to cultivation too the Hosea, Pinanga arundinacea an elegant and rare dwarf palm and many orchids and other plants. Into Sarawak he introduced beside many ornamental plants the first plants of the Para rubber tree from Singapore seed, some of which are still in the garden at Kuching. He retired from the East early in 1908 and all will hope he may live many years to enjoy his well-earned rest.

The portrait we give is by Wilson of Singapore, a large sized copy of which by the same photographer was presented to the Society by Dr. Galloway and hangs on the walls of the Society's Library.


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 tion, and can be nothing more to me, or any man, than an object of reverence and admiration.

"You cannot suppose, my good Heli, that every lady, who may eventually be thrown in your way, must be subservient to you; a thousand causes may impede any attentions of your's in a particular light; but for your humanity and kindness, you will ever experience a grateful return."

Heli heard him, but answered not.—A sullen silence denoted a mind but ill satisfied. The remembrance of Fatima's charms, and her elopement, sat heavy at his heart; for he had now no companion that he could converse with, or who even understood his language.

The Count was not long before he returned with a physician, who confirmed Louisa's own judgment, that terror and surprise had caused the great agitation of her spirits, and a shock to her constitution, which was extremely delicate and languid, but that no immediate danger need be apprehended.—-


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 Photo by G. Wilson.


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 He ordered her some light cordials, and had no doubt but that she would soon be better.

This opinion of the doctor's was gratifying to all parties; but Ferdinand felt some perplexity on the score of leaving Louisa under the care of Heli.—He asked, could she be removed? the physician thought there would be no danger in a proper conveyance.Where she could be carried to, was the next question. The medical gentleman, finding that they were strangers on a visit in the city, and that the lady was a person of fashion, and had powerful friends, very humanely offered an apartment in his own house, an offer most readily accepted, and he hastened off to send a carriage, and an aunt, who resided with him, to attend on the lady, whilst he prepared for her reception.

No sooner was this plan communicated to Heli, than he grew quite furious; upbraided the gentlemen in the most opprobrious words passion could suggest; but finding that they were resolute, and not to be intimidated, his fury fell upon himself; he cursed his own


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 folly, in preserving two Christian wretches, whose acquaintance had been the ruin of his peace; ungenerously ascribing Fatima's desertion from him as originating from the offers Ferdinand had made of providing for her.

The Count, who was apprehensive of some revengeful stroke from the mad passion of Heli, kept a steady eye upon all his actions; while Ferdinand endeavoured, by reason, to calm his transports; and among other things observed to him, that as there were many Turks in Vienna, he might easily find such as would be useful to him in his domestic arrangements, and plenty of women who would accept of his protection.

This last argument seemed to have some weight with him; he grew less agitated; and before the carriage came for Louisa, told them he would take their advice; and having now nobody to guard, he would come into the city the next day, to seek out some of his countrymen, and purchase two or three beau-


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 tiful women, that he might no longer think of the unfaithful woman who had abandoned him.

This resolved on, he assisted in carrying Louisa to the carriage.—A middle aged respectable lady waited to receive her; cushions were placed for her to recline on; and moving very slowly, she was safely conveyed to the physician's house, under whose care the gentlemen left her for the remainder of the day, that quiet might help to restore her;—and although both were dying with curiosity, yet they suppressed all appearance of it, in consideration of her weakness.


text: Journal of the Straits Branch of the Royal Asiatic Society/Volume 57/Right Rev. George Frederick Hose, D.D. Bishop of Singapore and Sarawak, with portrait


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CHAP. X.

their return to the Baron's house, they found him under a good deal of surprise at their long absence; for so much had their minds been occupied, that they had entirely forgotten the necessary compliment of accounting to the Baron. They apologized for their neglect, by a relation of the cause, and described Louisa as a much injured deserving young woman.

Young Reiberg appeared greatly interested; there was a novelty in the case, which,


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 added to his natural humanity, roused him from the apathy that generally predominated over his conduct, and induced him to be particularly anxious in his inquiries, and offers of assisting them to discover, and punish, if possible, the offenders.

Ferdinand was pleased with the warmth he expressed, but not conceiving himself at liberty to disclose the story of Louisa, he only observed, that until she was in a state to elucidate facts, and give them full information, no steps could be taken to do her justice.—"I have my suspicions," added he, "as to the person, but do not think it fair to communicate them, lest I should be wrong."

Reiberg seemed pleased with the discretion of Ferdinand, and attached himself to him with an appearance of regard, very flattering to the other, and highly pleasing to the Baron, who presaged the happiest consequences to the peace of his son, should he conceive a friendly regard for Ferdinand, and unlock his bosom to the sympathizing attentions, and disinterested advice of a friend.


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 natural understanding pointed out the right path to happiness, pursue it through life, ever remember it is better to suffer from the follies or vices of others than to feel self-condemnation from a sense of your own: the one, time and patience may subdue, or at least blunt the sharp edge that wounds you; but, for the other there is no consolation, self-reproach admits no healing balm, that can enable us to stem the torrent of oppression, or the evils which arise from our own misconduct. You will pardon the freedom you have invited, my good young lady; when you know my story, you will find I am qualified to speak on the subject from very painful lessons, which I pray heaven you may ever be a stranger to." She now took her hand and led her to the other room, where refreshments and pleasing conversation made the two hours Matilda passed there the most pleasing she had ever known. When she took leave they parted with regret, and proposed meeting at an early hour the following day; when the lady promised to relate the events that had compelled her to a


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 Early the following morning, they sent to inquire into the state of Louisa's health, and had the satisfaction to hear she had rested tolerably, was better, and would be happy to see her preservers in the course of the day. This pleasing account diffused general content to the gentlemen, and gave promise that their curiosity might be gratified.

Mean time, Ferdinand felt a good deal of vexation at Fatima's conduct. His reverence to the memory of his father would have led him any lengths to have preserved his child from infamy; but it was too evident that her heart was debased by the way of life she had chosen for herself, and that the loose principles of the parent had descended to the children. Again he sighed at the truth painful experience had taught him, "that the principles and character of parents is an essential consideration, when about to form a union with a young person for life; since example, as well as precept, must influence the disposition and actions of young and ductile minds,


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 and lay the foundation for progressive virtue or vice."

At a proper hour, the two gentlemen repaired to the house of Dr. Renau, and were introduced to Louisa.—She was seated in an arm chair, and accompanied by Madam Blomfielde, the physician's aunt, who rose at their entrance, and after a few compliments, left the room. They congratulated the invalid on her appearance, so much for the better.

"I am indeed," said she, "under infinite obligations to you, gentlemen, and to the good Doctor; and feeling myself in safety from the power and machinations of the most profligate of men, has restored a comparative peace to my mind, which has its influence on my general state of health. Permit me also to felicitate myself and you, on your preservation from death, an event so unquestionably believed by all your friends, that seeing you, Sir (addressing Ferdinand) follow the Turk into the room, occasioned the faintings I was seized with, the weakened state of my head


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 at that moment leading me to suppose it was your spirit emerged from the grave. Forgive me, therefore, if I am desirous of knowing why the report of your death was circulated, and why you have concealed yourselves from your friends."

Ferdinand, without entering into a particular detail, briefly mentioned their captivity, and recent return into Germany; adding, that they had sent off letters to all those whom they supposed might be interested in their fate, and hourly expected letters."You may be certain," said he, "we did not omit writing to Mr. D'Alenberg."

"Ah!" cried Louisa, "had those letters reached him before we quitted Suabia, 'tis more than probable we should not have undertaken this journey, and my dear friends would have been spared much sorrow and anxiety. If you will allow for the pauses my weakness may occasion, I will give you a short account of the events which have thus, fortunately for me, procured us a meeting.


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 "For some time after your departure, my friend Theresa exerted herself to heal the wounds of my mind, and administer to the recovery of my health. I was grateful for her kindness, though it had not its deserved success. Unhappily she caught the contagion of melancholy, and from a disposition of the most enchanting vivacity, changed to a despondency, a kind of habitual gloom in every word and action, that alarmed us inexpressibly. The distress and despair of Mr. D'Alenberg cannot be expressed. She resisted every persuasion, even prayers and tears, to draw from her the cause of such an alarming change, always protesting she could not account for it; that she had no disquietudes, nor any thing that afflicted her mind, but that she had taken an inclination for a monastic life. This inclination her worthy father opposed, and besought her, in the most moving terms, not to desert him, and render his future days wretched.

With some difficulty she was brought to relinquish her design, and promised she would


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 struggle against the malady that oppressed her.

"I reproached myself incessantly as the cause of her disorder; I would have left the house which I had infected with melancholy, but she protested violently against my design, and I was compelled to submit. Mr. D'Alenberg could assign no other probable idea for her distress of mind, than that she had deceived herself, and was actually warmly attached to the unworthy Count Wolfran."

"Impossible," exclaimed Ferdinand, warmly.—"A mind pure and exalted as her's, could not, for a moment, entertain a preference for such a wretch."

"The event," resumed Louisa, "justifies your assertion. As I felt conscious that her unhappiness, from whatever cause it proceeded, must originate from me, I tried to assume a new character, to stifle my own feelings, and to cover a breaking heart under the mask of cheerfulness. Every effort of mine was exerted to amuse her. We went to Stutgard, compelled her to go into company,


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 seclusion from the world, and the motives which induced her to alarm every stranger that came to the Castle.

Matilda stept into the library, and selecting two or three books, returned to her friendly hostess, whose surprise and pleasure seemed equally gratified by seeing her in safety. Joseph came in soon after; he looked with increased respect and kindness, but was entirely silent as to their meeting in the lady's apartment.

When the hour of retiring came, Matilda repaired to her room with great cheerfulness, and when Albert, with tears, entreated her to sleep below, she replied, "You may, my good Albert, if you chuse; but I shall sleep perfectly quiet above stairs; be under no apprehensions for me (added she, smiling) I am no longer a stranger, and have not the smallest apprehensions of being molested this night." She took up her candle and left them.


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 "Well, (cried Bertha) the Lord be good unto her, for sure she is the best and most courageous lady I ever saw in my life; I believe it would kill me if any harm was to happen to such a sweet creature."

All now retired to rest, and Albert thought himself quite safe on the ground floor from the quality ghosts.

In the morning they met with great satisfaction; every one eagerly demanded of Matilda if she had slept undisturbed; she assured them she had, and was greatly refreshed. This account pleased them all. Albert went out to assist Joseph in the garden; and his mistress was preparing to visit her friend, when Jaqueline made her appearance from the kitchen with Bertha. Matilda was extremely glad to see the good woman, enquired after Pierre, and thanked her for the good accommodations she had procured for her in the Castle. "Dear me, (said Jaque-


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 faithfully; but our crest fallen hero was in such agonizing pains, that he scarcely could speak. He complained of violent pains, and a great quantity of congealed blood had gathered on the place where he was wounded. I sent instantly for a surgeon, and assisted my friend in putting on his cloaths. The lady in the bed declaring that it was impossible he could remain in her apartment, we carried him into a coach, and saw him to his lodgings, where we committed him to the care of his servants.

We took the greatest pains to keep the whole transaction private; however, this was impossible; for it was circulated through the whole town the next morning. We received every where congratulations, and were obliged to relate all the particulars of that strange incident. The Baron was no sooner able to go abroad, than the Count received a challenge, in which the choice of arms was entirely left to his option; and he was generous enough to

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Rh $undefined$ 30.Instead of three hundred and ten, Alphabetot of R. Akiba has three hundred and forty.In the same source, 29, the view regarding the distance between the angels and the Shekinah is very likely connected with the statement made in ‘Abodah Zarah 3b and Seder Rabba 4 concerning the eighteen thousands worlds.Comp. likewise note 97.  $undefined$ 31 BR 6.6 and numerous parallel passages cited by Theodor.Comp. likewise Ascension of Isaiah 7.18; vol. II, p. 307; vol. III, p. III; vol. IV, p. 334.See also the sources cited in the following note.  $undefined$ Ta'anit 10a; Pesahim 94a; Yerushalmi Berakot 1, 2c.Comp. the material collected by Hirschensohn, Sheba’ Hokmot, 1–13, on the views of the ancient rabbinic sources concerning the extension of the earth and other physical-meteorological observations found in these writings.On the thickness of the heavens comp. BR 6.6, and the Greek Baruch 3.  $undefined$ Konen 27.Yalkut Reubeni on Lev. 2.13 quotes the following from an unknown Midrash: The world is divided into three parts: inhabited land, desert, and sea; the temple is situated in the inhabited land, the Torah was given in the desert, and salt from the sea is offered with every sacrifice.God’s power extends over all these three parts of the earth; He led Israel through the Red Sea, they wandered through the wilderness, and reached the inhabited land, Palestine; R. Bahya on Num. 10.35.According to 4 Ezra 42, a seventh part of the earth is water; but this bears no relation to Recognitiones 9, 26.This passage contains only the view that the world is divided into seven zones.Comp. the rabbinic parallel passages cited in note 28.The division into twelve zones, which is frequently found in non-Jewish sources (comp. Broil, Sphaera, 296, and Jeremias, AT AO 2, 50–51), is not unknown to rabbinic literature, where it is stated that according to Deut. 32.8 the earth consists of twelve parts corresponding to the twelve sons of Jacob.Comp. Seder Rabba di-Bereshit 4; Alphabet R. Akiba 24; Lekah, Gen. 1.14 (end, where it is said that the various zones correspond to the signs of the Zodiac).See further note 73 on vol. I, p. 173.—The view that paradise is situated in the east is based on Gen. 2.8.But in this verse was taken by very old authorities in the sense of “pre-existing” (comp. Excursus I).Thus many Rabbis assert that paradise was situated in the west, or to be more accurate, in the north-west.


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 fix upon pistols. Time and place were agreed upon. The Count seemed to presage a fatal catastrophe; having made his will, and committed it to my care, he bade a tender adieu to all his friends, under the pretext of a little journey. Caroline too was not forgotten. He imagined no one knew any thing of the real nature of his pretended journey; yet I could plainly perceive that his friends looked upon this journey as his last, at all events. Caroline almost fainted, on rising from the sofa, to offer him her beautiful hand for a farewell kiss. My rising jealousy perceived this plainly, and it did also not escape her that the Count observed it too with great emotion.

We left town early in the morning on horseback, and found the Baron and his second already on the appointed spot. Neither of the two antagonists being a great marksman, each of them had brought two braces of pistols with him, which were charged by the seconds, and then

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 to mix sometimes in the entertainments of the city. She refused no request of her father's, but no change appeared in her disposition.

"One day Mr. D'Alenberg received a letter from his friend, who had introduced Count Wolfran to his notice. He lamented that he had not the power to punish a villain who had so basely deceived him, but that, after the most minute inquiries, he had reason to believe the Count had left the kingdom, to avoid the disgrace and shame attendant on a conviction of such vile actions as he had been guilty of.

This letter the good gentleman read to his daughter in my presence, both of us carefully watching its effects on her. No change appeared in her countenance.—"Poor wretch," said she, "what a mind must he possess, conscious of his base duplicity!"

"How, my dear!" exclaimed Mr. D'Alenberg, "do you pity him?"

"I do, Sir," answered she.—"When we can despise the man, and know he has failed


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 in his pursuits, that he has had no power to injure us, and must be covered with confusion and guilt, charity may induce us to pity one so completely mean and detestable."

Those words, delivered without any emotion either in her person or voice, convinced us that Count Wolfran had no share in the disorder of her mind. A thousand different conjectures we then hazarded to each other, but in three days after, the whole was elucidated at once. Mr. d'Allenberg received some intelligence that grieved him, and too hastily communicated it to his daughter:—Its effects were instantaneous; she fell into violent and repeated fits, that ended in a delirium, and discovered the secret so tenaciously observed, so strictly guarded, that I was equally surprised with her father.

"Ah!" said Ferdinand, "may we presume to ask?"

"Pardon me for interrupting you," returned Louisa; "I would not hear a question that should make me doubt of your delicacy or prudence; all that I can, in honour


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 confide, you, gentlemen, have an undoubted claim to be informed of; but a secret retained with so much perseverance by my friend, can never be at my discretion to reveal."

"Amiable Louisa," exclaimed Ferdinand, "I stand corrected, and take shame to myself, but do justice to the purity of my motives."

"I do," replied she; "I know they were friendly ones, and I saw the same question trembling on the lips of the Count."

"I own it," said he; "and you must allow it was a natural question, if not a discreet one, and the impulse of the moment; but, pardon our impatience and interruption."

"This secret discovered," resumed she, "gave the severest affliction to Mr. D'Alenberg.—He had not the power to relieve her distress, or procure happiness to his child.—There were certain circumstances that impeded every hope of restoring her to a cheerful turn of mind, and his despair on the conviction was little less terrifying than the


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 dreadful state in which my charming friend continued for six days.

"At the expiration of that period, Heaven heard the prayers of this worthy father, and restored her to reason. It was near a fortnight before she could leave her bed; and then how affecting was the figure she presented! A delicate skin thrown over a skeleton, a look of dignified sorrow, that wounded every eye, and a struggle for that composure so necessary to her father's peace, which now seemed the only object she had in view. So shadowy was her frame, that we almost feared to breathe, lest it should dissolve into air; and when she spoke, so faint, so sweet was her voice, that it penetrated to the very soul.

"Judge what a father must feel; for I see you are affected. Not to dwell, therefore, on a situation so painful, the fortitude she sought to acquire, and her consideration for her father, which still rendered life valuable to a duteous mind like her's, uniting with youth and a good constitution, restored her


text: Merlin (Robinson)/Canto 3

title: Merlin (Robinson)/Canto 3


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 exchanged. The steps were measured, and they took their proper distance. Five shots were already fired without any effect. The Baron aimed so miserably, that he almost had wounded me, though I was more than six paces distant from the Count. I therefore called to him, when he was going to fire again, "not to tremble so much." He was, however, but too successful; for the Count dropt on the ground, exclaiming that he was wounded in the side. I hastened to assist him, and saw the blood gush violently from his wound. The Baron too offered to assist my friend; but the Count waved his hand, desiring him to flee as fast as possible. The Baron seemed really to be very much affected; and having embraced the Count and myself, mounted his horse, and rode away with his second. If the Count had been killed on the spot, I should probably have made a better use of the remaining brace of pistols than my friend. But seeing a chance of saving his life, I was too

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 to comparative health.—The physicians advised travelling, that change of air, and a variety of objects, might dispel that gloom which seemed to impede her natural cheerfulness, and undermine her strength.

"In compliance with this advice, for near two months past we have lived a desultory kind of life, without any fixed plan, but moving from place to place, as fancy or inclination directed. By this management, we have succeeded in amusing Miss D'Alenberg; and though that playful gaiety, and animating vivacity she once possessed, appears to be entirely lost, yet there is a soft complacency, an earnest desire to look contented in every word and action, that highly gratifies her father, and inspires hope, that time and effort may restore her tranquillity.

"About ten days ago, we arrived at Ens, in which city lived a relation of Mr. D'Alenberg, who received us with great kindness. The next evening I accompanied my friend in a walk by the side of the river, not far from our residence. We strolled sometime


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 on the banks; the evening was delightful.—Several boats were passing; the moon was rising in majestic splendor; its beams playing on the smooth surface, and conveying unspeakable tranquillity to the mind. We stood for some time in fixed admiration of the scene, forgetful of the hour, 'till a servant came to remind us of the time we had been absent.

"We were so enchanted with our evening's walk, that we resolved to repeat it the following night, and declined having a servant to attend us, because we apprehended no danger, and wished to be unobserved.

"Unfortunately we were indulged in our request, and we extended our walk, thoughtless of the distance, until no more boats passing, we recollected that it grew late; we turned to quicken our pace home, when suddenly a boat drew towards the shore, and three ordinary looking men jumped out and followed us. Fear lent us wings, though we knew not that they meant any ill. Miss D'Alenberg was more nimble than myself; hasten-


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started violently. Then, realizing that he had been trapped, he dropped flat on the deck, wriggling to one side, wresting himself free of the clutching hand. He heard the man who had seized him give an angry grunt, then he saw the man lunging at him from the shadows. He dodged the outstretched arm and rolled over and over on the deck.

"Grab him, Mike!" roared another voice from near by, and then Joe was dimly aware that another struggle had started near the rail. He leaped to his feet and raced along the deck, the sailor in pursuit.

"Over the side, Joe!" shouted a voice that he recognized as being that of his brother.

He fled, hearing the pounding of feet on the deck close behind him. A dark figure stepped out of the shadows immediately ahead.

"Collar him!" roared the man at his back. The dark figure advanced with outstretched

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 ing, and I fell. Two men instantly seized me; I screamed.

"Stop her mouth," cried one of them, "and bear her off; the other has got the start of us."

"I heard no more, but found myself carried to a boat, which rowed off with great swiftness. A large cloak was thrown over me, and between terror and affright, I was scarcely in my senses.

"How long we continued on the water, I know not; I was carried out still wrapped up, and incapable of making any resistance. At length I was uncovered; some bread and wine was given to me, which I refused. I saw only strange faces, and demanded to know why I was thus dragged from my friends?

"No answer was given; and in a short time after, a handkerchief was tied across my mouth. I was again tight wrapped in a cloak, and put into a carriage.—When in the high road, I was uncovered—and high time


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Rh arms. Joe stepped neatly aside, dodged as the man swooped at him and blundered to the left. The two men collided violently, and by the time they had disengaged themselves Joe was a good five yards away.

The schooner was in an uproar.

A revolver roared from the shadows and the darkness was cleft by a crimson splash.

"Harbor thieves!" yelled a voice from behind. "Catch 'em!"

Footsteps pounded on the deck. Shouts and muttered imprecations rang out. A light flared from somewhere ahead. Out of the shadows rose a man who lunged fiercely at Joe, grappled with him, and they fell to the deck together. Joe managed to wrench himself free and rolled to one side, scrambling to his feet.

He heard a splash near by and a shout. "Over the side!" he could hear Frank calling again. His brother's voice was far below and he knew that Frank must have dived from the rail.

He was not far from the side of the schooner, and he raced for the rail just as half a dozen figures came plunging out of the gloom, their heavy boots thudding tremendously on the deck. Again the revolver crashed out and again the tongue of crimson flame licked its way through the blackness. The bullet passed

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96 within a few inches of Joe's head, and he ducked instinctively.

He reached the rail. Desperately, he scrambled up. But just as he poised for the dive a great hand closed about his ankle and some one seized the back of his coat. He felt himself dragged back, but with his free foot he kicked out. The grasp of his pursuer relaxed and Joe heard him grunt from the impact. The man staggered back.

The moment he was free, Joe went over the side.

He struck the cold water of the bay with a splash and went far down into the depths. Then he found himself rising again and at last he bobbed up over the surface.

He did not know where the motorboat was, but he swam ahead, at the same time keeping a wary eye above. He could see dark figures silhouetted above the side of the vessel and he could hear voices.

"He's down there!" declared a gruff voice.

"I almost had him!" shouted another. "I grabbed him just as he was going over, but he kicked me in the jaw."

"How many were there?" asked another sailor.

"Two," declared the gruff voice. "Harbor thieves—both of 'em. Come sneakin' aboard, one at a time. I caught one of 'em peepin'

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 it was, for I was nearly suffocated, and had suffered great agony. We came within sight of a town; I was then obliged to undergo the same misery again, until we had stopped, changed post horses, and were once more on the road.

Not to tire you with more particulars, in this manner we proceeded, without stopping to sleep on the road, and only taking some bread and wine from the post-houses. At length we entered a wood: No longer able to preserve silence, I cried out, "Ah! my God, what is now to become of me!"

Being so frequently muffled up, and having only once taken any refreshment, both my spirits and strength were exhausted, which, with the terror I felt on entering a thick wood at the close of day, entirely overcame me, and I fainted. How long I continued in this situation, I know not; but on my recovery, I found myself in a very decent apartment, with two men and an elderly woman.

The former perceiving that my senses were returned, ordered the woman to retire;


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 she obeyed, and after a short whisper, one of the men followed her.

The other having shut the door, advanced close to me, and, to my infinite astonishment, taking off a false covering of hair, and removing a pair of black eye-brows, discovered to me the features of Count Wolfran. I shrieked with the wildest affright.

"Once more," said he, "I have you in my power.—You, who have destroyed my happiest prospects, and blasted all my hopes; who have injured my character, and procured for yourself protectors at my expense. What have you to offer as an atonement for the mischief you have done; what reparation can you make for the ruin and disgrace you have brought upon me?"

I was speechless at this address: The effrontery, and the well-known villainy of the man, filled me with the most dreadful apprehensions, and impeded any attempt at articulation; he saw, and enjoyed my terror.

"I see," said the wretch, "conscious guilt ties your tongue: Know then, that I have taken my measures too securely for you to


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34–39] $undefined$ Comp. Tosafot Berakot 55b, caption ; Enoch 32; vol. III, p. 161.  $undefined$ Konen 28–31; Baba Batra 25a; vol. III, pp. 160, 232.  $undefined$ Gittin 31b.On the winds comp. Hirschensohn, Sheba' Hokmot, 8–11; Derenbourg, Monatsschrift, XXX, 173–174.Comp. vol. III, p. 282.  $undefined$ Gittin 31b; Konen 31.An interesting parallel to 2 Enoch 40.11, concerning the stilling of the wind in order that the world should not be destroyed, is found in BR 24.4 (comp. the parallel passages cited by Theodor).  $undefined$ 37 PRE 3; Tehillim 2, 16.Comp. likewise Baba Batra 25b.  $undefined$ This is the usual transliteration, whereas Shetiyyah is the only permissible form, if it is to be derived from.  $undefined$ Tan. B. III, 78; Tan. Kedoshim 10.We are here confronted with a legend which is composed of various elements.Palestine, God's favorite land, was created before all other parts of the world; Sifre D., 37; Mekilta RS, 168; Ta'anit 10a; Sibyl. 5.300.Comp. likewise Excursus I.Instead of Palestine in general, Jerusalem (Yoma 54b; Tehillim 50, 279; Targum Ps. 50.2), or the site of the temple (comp. the following note) is designated as the beginning of creation.The widespread popular notion that the earth came into being as a result of a stone which God had thrown into the water (comp. Dähnhardt, Natursagen, I, 4, and see further the remarks on water as the primeval first element in Excursus I) was subsequently brought into relation with the view that creation began with the site of the temple; hence the legend that creation began with the stone found in the holy of holies; see Tosefta Yoma 4.6; comp. also Babli 54b (, in view of Tosefta 'Erubin 7.18, against Rabbinovicz, is to be retained); Yerushalmi 5, 42b; Tan., ''loc. cit.'', and parallel passages.Independent of, and partly contradictory, to this view is the opinion which maintains that Palestine is situated in the centre of the earth; Jub. 8.12; Enoch 26.1 (according to 90.20, Gehenna is likewise located in the centre of the earth, because an entrance thereof is found in Jerusalem, the centre of Palestine; see 'Erubin 19a; Preuschen, Adamschriften, 27, which is not anti-Jewish); PR 10, 34a, and many of the parallel passages in later Midrashim, cited by Friedmann (Yoma, loc. cit., on the contrary, distinguishes between the centre of the earth and Jerusalem), to which many more may be added; comp. e.g. Seder Rabba di-Bereshit 4; Zohar II, 151a; III, 161b and 221b.Jerusalem is already mentioned in Aristeas, 83 as


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 entertain any hope of an escape from my power. I have two proposals to make, one of which you must choose—Death or marriage. I should suppose the alternative will not be difficult to decide on.

"Indignation restored my speech.—"Marriage," I exclaimed.—'You well know that I am your wife."

"Aye," said he, "there is the point on which we differ: That is the assertion which I deny.—You were once indeed a kind obliging girl, and chose to patch up your reputation at the expense of mine. But to have done with this foolery,' said he with a stern look, observing my agitation, 'know, that you are either to marry my servant, your old acquaintance, or this house is your grave.

"Understand me—I do not want your murder to hang upon my spirits, but I am determined to secure you from doing me further mischief. My valet shall marry you, and in justice to him, I shall indulge him with a few days to amuse his pretty wife;—after which, by his authority, you will be


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 placed in a situation that will effectually secure me from any more discoveries of your's.

"I now leave you.—To-morrow, at an early hour, we shall conclude the business."

He then opened the door, and retired.—I heard it locked and bolted on the other side.

For some moments, I remained fixed in astonishment and terror. I knew him too well to doubt of his resolution, and I saw no means of escaping from his power.—Furious and malignant, he was capable of the most atrocious actions, and I had every evil to apprehend.

The alternative of death would have been my preferable choice, but that was only thrown out to alarm me.—Murder was not his choice.—For some hours I sat almost stupefied with horror: I found, that during the deprivation of my senses, my pockets had been emptied of their contents. I looked round the apartment; it was a decent room, but without a bed; a sofa, a few chairs, and a table, composed all the furniture.


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 One window very high from the ground, with a chintz window curtain: No light was left with me, but fortunately the moon shone sufficiently through the window for me to discriminate every object.

Rousing at length from the stupor of terror, I placed a chair on the table, and looked through the window; a large garden was under it, and beyond the wood. The distance from the ground was so great, that to reach it, appeared almost impossible; but what will not despair attempt, and ingenuity contrive.

With some difficulty I got off the window curtain, and with my teeth affected different breaks, by which means I tore it into six parts; but the fear of being heard, obliged me to be long and cautious in doing it.—At length I effected my design; I tied each part together in repeated strong knots; I opened the window softly, and letting it down, saw that it reached the ground.

There was a chance indeed that it might break, or that my hands might slip; yet as


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 death was far preferable to the evils that impended over me, I was not terrified by the apparent danger. I fastened the end of the curtain to the iron across the window, and with a courage desperation only could inspire, ventured from it, holding firmly by the kind of rope I had made.

My weight carried me quick down to the first knot: Here my hands were stopped, and it was with the utmost hazard I freed them;—but, by the time I reached the second knot, they were too feeble to support me, and I fell from a great height, but most providentially on a bed of earth, fresh turned up;—and though stunned with the fall, I soon found I had broken no limbs, and in a short time got on my feet, and made towards a door that led into the wood. I had here another difficulty to encounter, to get over the wall, but it was not very high, and I accomplished it, though not without some injury to my person.

I was now in the wood, unacquainted with any path-way, and exposed to a thousand