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 :grant of arms is a matter for the Lord Lyon's discretion in the exercise of the royal prerogative assigned to him, it is not for any individual person such as the pursuer to purport to bind the Lord Lyon in any part of that process, nor for any holder of that office to purport to bind himself.

The consequence of the Lord Lyon not being a corporation sole

[40] In any event, insofar as the pursuer contended that the Agreement binds all holders of the office of Lord Lyon in perpetuity unless and until there is a material change of circumstances, Mr Mure submitted that that cannot be so, for the following reasons.

 * 1. The Lord Lyon is not a corporation sole. There is no continuity in respect of contracts he enters into. While he is personally bound by any contract he enters into, as is the Monarch in respect of the exercise of the royal prerogative, one Lord Lyon cannot transmit liability to a successor in office. Accordingly, given the nature of the office, the personal appointment by the Monarch of each successive incumbent, and the applicable law just described above, the initials of parties' counsel acting in 2008 cannot have been intended to bind any future holder of the office to abide by the policy set out in paragraphs 4 and 5. No Lord Lyon possesses the power to bind himself, a fortiori to bind future holders of the office, as to the manner in which the prerogative powers conferred upon the office holder by the said Acts would in future be exercised. Those paragraphs are therefore invalid and unenforceable as being an unlawful fetter upon the Lord Lyon's wide statutory discretion in such matters.


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 :2. Moreover, on the pursuer's construction paragraphs 4 and 5 of the Agreement would have been entered into with the purpose of supporting a secondary market in baronies, and of supporting the values of baronies in that market. Such a contract, entered into by an officer of state bound by statute to exercise prerogative powers and duties, would be against public policy and contra bonos mores: Chitty on Contracts (33rd Ed, 2018) at paragraphs 16-047 to 16-053. It would bring into disrepute the office of Lord Lyon. Contracts are contrary to public policy in so far as they are entered into by officers of the Crown and purport to oblige them to favour a particular business or to create or support a market in dignities. While it may be proper for such an officer to publish a policy about his approach to the exercise of such powers, it cannot be right that one Lord Lyon may bind himself and successors in perpetuity or until (as the pursuer would have it) there is a material change of circumstances. The existence of, and need for, a wide discretion in such matters is clear from Kerr at paragraphs 8–10.

 * 3. The pursuer admits the defender's averments about various prior changes to the wording of Letters Patent, namely (i) the omission of the nobility clause from Letters Patent in respect of grants made after 2007; (ii) limiting the recognition of orders, honours and decorations to those awarded in the United Kingdom; and (iii) limiting the narration of qualifications.

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


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 The termination issue

[41] Mr Mure suggested that if paragraphs 4 and 5 of the Agreement were a contractual agreement, he submitted that they are not a compromise of the dispute that was before the Court of Session in 2008 between the pursuer, Dr Lindberg and Lyon Blair in the form of the Hamilton and Lindberg judicial reviews. Insofar as those paragraphs constituted a contractual agreement capable of binding future holders of the office (which the defender denied), being an agreement of indefinite duration it may be terminated by any party giving notice. On this basis, notice was given by means of (i) the Note in Menking and (ii) the correspondence in 2017 (referred to in para [24], above.)

[42] On a proper interpretation of the Note in Menking, the policy described there is not in accordance with the pursuer's interpretation of the Agreement and represented a change in policy. Putting it another way, Mr Mure submitted that the pursuer's complaint about the omission of the words "baron of [x]" was not founded on the Agreement and, in any event, this had already been effected by the defender in Menking.

[43] The pursuer avers that a reasonable period of notice would have been one year. On a proper interpretation of the Note in Menking, the policy described there is not in accordance with the pursuer's interpretation of the Agreement. It clearly represented a change of policy set out in a public judgment, of which the firm and the pursuer were well aware. Moreover, on 23 October 2017 the defender advised the pursuer's solicitor of a further change in policy. Mr Mure noted that some 18 months had now elapsed since that letter was issued. In these circumstances, the provisions in paragraphs 4 and 5 of the Agreement are not binding upon the defender.


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 [44] If the pursuer were correct in her averment that the Agreement could only be terminated on a material change of circumstance (which for the reasons already noted, the defender denies), parties are in dispute about whether there has been such a material change. The defender has made relevant averments about this point, namely: (i) the appointment of a new holder of the office of Lord Lyon King of Arms; (ii) the publication in Menking, Petitioner of a new policy; (iii) the use, as averred by the pursuer, of the prerogative powers of the Lord Lyon to support a market in baronies; and (iv) the misuse of Letters Patent by holders of baronies who have obtained new grants of arms from the Lord Lyon.

Submissions on behalf of the pursuer

Pursuer's motion

[45] Mr Lindsay invited the court to sustain the pursuer's first, second and third pleas-in-law and to pronounce decree de plano in terms of the first and second conclusions. The pursuer does not seek interdict in terms of the third conclusion, as it considers that the defender, as the holder of a public office, will abide by the terms of any declarator pronounced by this court. In the alternative, the court should delete certain of the defender's averments and thereafter allow a proof before answer on the issues which remain in dispute between the parties.

[46] Mr Lindsay divided his submissions into the following chapters: (1) the court's jurisdiction over the present proceedings, (2) the pursuer's title and interest to bring the present proceedings, (3) the binding nature of the Agreement, (4) why the Disputed Wording breaches the Agreement, (5) why the Disputed Wording is contrary to Menking, (6) why the Agreement cannot be terminated by reasonable notice, (7) why there has been no


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 material change of circumstances which would bring the Agreement to an end and (8) why the Agreement is not contra bonos mores.

Jurisdiction

[47] In Mr Lindsay's submission the pursuer has relevantly averred that this court has jurisdiction, as the value of the rights forming the subject matter of this action exceeds £100,000. He referred to the averments in articles 1 and 9 of condescendence which provided:

"1. … The value of the rights forming the subject matter of this action exceeds £100,000. As hereinafter condescended upon, the defender's new policy will reduce the capital value of the pursuer's one third share of the Partnership by more than £100,000. In this regard, reference is made to the averments in article 9 of condescendence, infra. In addition, the capital value of the pursuer's own barony title will be reduced in value by approximately £75,000 if it can no longer be sold with the purchaser being recognised by the defender as the Baron or Baroness of Lag. With such recognition, the pursuer's barony title has a capital value of approximately £85,000. Without such recognition, its value is approximately £10,000. This court accordingly has jurisdiction …"

and, in Article 9:

"9 … Accordingly, the new policy has had and will continue to have a detrimental impact upon the business of the Partnership, of which the pursuer is a partner. The pursuer's profits from the sale of barony titles, as a partner of the Partnership, have averaged £62,328 per annum over the last 5 years. As the new policy will have a detrimental impact upon the business of the Partnership, by reducing the number of sales and by reducing purchase prices, the capital value of the pursuer's one third share of the Partnership will be reduced. The pursuer reasonably estimates that the new policy will reduce the capital value of her one third share of the Partnership by at least £100,000 …" (Emphasis added by pursuer.)

[48] Mr Lindsay submitted that these averments relevantly aver that the value of the rights forming the subject matter of this action exceeds £100,000. In addition, reasonable and adequate specification is given of why this is the case. As the pursuer has relevantly averred that this court has jurisdiction, this issue cannot be determined against the pursuer


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Rh. Then seeing that come it must, you had best speak out.

. I will speak no further. Rage if you have a mind to; bring out all the fierceness that is in your heart.

. That will I. I will not spare to speak my thoughts. Listen to what I have to say. It seems to me that you have helped to plot the deed; and, short of doing it with your own hands, have done the deed yourself. Had you eyesight I would declare that you alone had done it.

. So that is what you say? I charge you to obey the decree that you your self have made, and from this day out to speak neither to these nor to me. You are the defiler of this land.

. So brazen in your impudence? How do you hope to escape punishment?

. I have escaped; my strength is in my truth.

. Who taught you this? You never got it by your art.

. You, because you have spurred me to speech against my will.

. What speech? Speak it again that I may learn it better.

. You are but tempting me—you understood me well enough.

. No; not so that I can say I know it; speak it again.

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12. I say that you are yourself the murderer that you seek.

. You shall rue it for having spoken twice such outrageous words.

. Would you that I say more that you may be still angrier?

. Say what you will. I will not let it move me.

. I say that you are living with your next of kin in unimagined shame.

. Do you think you can say such things and never smart for it?

. Yes, if there be strength in truth.

. There is; yes—for everyone but you. But not for you that are maimed in ear and in eye and in wit.

. You are but a poor wretch flinging taunts that in a little while everyone shall fling at you.

. Night—endless night has covered you up so that you can neither hurt me nor any man that looks upon the sun.

. Your doom is not to fall by me. Apollo is enough: it is his business to work out your doom.

. Was it Creon that planned this or you yourself?

. Creon is not your enemy; you are your own enemy.

. Power, ability, position, you

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 at debate. Accordingly, if the defender wishes to continue to dispute jurisdiction it will be necessary to have a proof before answer.

Title and interest

[49] The pursuer has sufficient title and interest to pursue this action in her own name and it is not necessary for Dr Lindberg to be an additional defender. "Title" to sue involves some legal relation which gives the pursuer some right which the defender either infringes or denies: D & J Nicol v Dundee Harbour Trustees 1915 SC (HL) 7 per Lord Dunedin at page 12. In the present case, the pursuer has title to enforce the Agreement as she was a party to it. The Agreement was negotiated and agreed by senior counsel for each party. The Agreement was initialled by the parties' senior counsel and each party was provided with an initialled Agreement for their records.

[50] "Interest" means some benefit from asserting the right. There must be a real issue, the existence of a sufficient interest being essentially a matter depending on the circumstances of the case: Lennox v Scottish Branch of the British Show Jumping Association 1996 SLT 353 applying Scottish Old People's Welfare Council, Ptrs 1987 SLT 179. The pursuer's interest arises from the impact on her drawings from the firm.

[51] Mr Lindsay expanded on his submission. The Disputed Wording will have a detrimental impact upon the business of the firm, of which the pursuer is a partner. The capital value of the pursuer's one third share of the firm will also be diminished by the change. As a consequence of this detrimental impact on its business, the pursuer's personal drawings from the Partnership will be reduced. It is this reduction in her personal drawings that provides the necessary interest to bring the present proceedings: Vaughan v


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Rh bear all burdens, and yet what envy you create! Great must that envy be if envy of my power in this town—a power put into my hands unsought—has made trusty Creon, my old friend Creon, secretly long to take that power from me; if he has suborned this scheming juggler, this quack and trickster, this man with eyes for his gains and blindness in his art. Come, come, where did you prove yourself a seer? Why did you say nothing to set the townsmen free when the riddling sphinx was here? Yet that riddle was not for the first-comer to read; it needed the skill of a seer. And none such had you! Neither found by help of birds, nor straight from any god. No, I came; I silenced her, I the ignorant Oedipus, it was I that found the answer in my mother wit, untaught by any birds. And it is I that you would pluck out of my place, thinking to stand close to Creon’s throne. But you and the plotter of all this shall mourn despite your zeal to purge the land. Were you not an old man, you had already learnt how bold you are and learnt it to your cost.

. Both this man’s words and yours, Oedipus, have been said in anger. Such words cannot help us here, nor any but those that teach us to obey the oracle.

. King though you are, the right to answer when attacked belongs to both

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14 alike. I am not subject to you, but to Loxias; and therefore I shall never be Creon’s subject. And I tell you, since you have taunted me with blindness, that though you have your sight, you cannot see in what misery you stand, nor where you are living, nor with whom, unknowing what you do—for you do not know the stock you come of—you have been your own kin’s enemy be they living or be they dead. And one day a mother’s curse and father’s curse alike shall drive you from this land in dreadful haste with darkness upon those eyes. Therefore, heap your scorn on Creon and on my message if you have a mind to; for no one of living men shall be crushed as you shall be crushed.

. Begone this instant! Away, away! Get thee from these doors!

. I had never come but that you sent for me.

. I did not know you were mad.

. I may seem mad to you, but your parents thought me sane.

. My parents! Stop! Who was my father?

. This day shall you know your birth; and it will ruin you.

. What dark words you always speak!

. But are you not most skilful in the unravelling of dark words?

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 Greater Glasgow Passenger Transport Executive 1984 SC 32 (Vaughan"); and Anthony v Brabbs 1998 SC 894 (Anthony").

The indivisibility of the obligations in the Agreement

[52] Mr Lindsay turned to the defender's argument that Dr Lindberg also required to enter the process to vindicate rights under the Agreement. In Grange Trust's Trustees v City of Edinburgh Council Lord Boyd provided guidance on when it is necessary for all parties to a contract to seek to enforce its obligations and when it is permissible for one party alone to bring proceedings:

"15. The question is whether the pursuers have title to pursue this action at their own hand. The defender submits that the obligation is not divisible and therefore all the creditors must conjoin in the action. Gloag (at p203) states: 'If the action is for the enforcement of a contractual right which is in its nature indivisible, all those entitled to enforce the right must join in the action, no one creditor having a title to sue separately, and without the authority of the others.'

The authorities suggest that is the correct approach when the pursuer holds a pro indiviso share and the other shareholders are not party to the action. In Detrick and Webster v Laing's Patent, etc., Sewing Machine Co 1885 R 416 several owners of a patent made an arrangement with the owners of a similar patent providing for the mutual use of patented parts and payment of royalties. By the time of the reclaiming motion only Webster was left in the process. He held a six twelfth share of the patent. The court held that all parties must conjoin in the action. The Lord President said that where the action is founded on an agreement and nothing else when it came to enforcing the agreement all those who form one party must conjoin in bringing the action. In actions of removing all the proprietors must conjoin in the action; Gloag p203;. The same rule applies in a lease granted by a liferenter and fiar; Gloag supra;.

16. The issue then is whether or not the Trustees and the Club can be separated out as having different interests or whether they are to be regarded as one party in construing the rights under the Minute of Agreement."


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 In the present case, he submitted, the obligations contained in the Agreement were not indivisible. The pursuer and Dr Lindberg have separate and distinct interests and are not one party when construing the rights and obligations under the Agreement.

[53] He developed this submission, as follows. Dr Lindberg's interests in the Agreement were limited to its first three paragraphs. Dr Lindberg was concerned merely with his own petition; and it is the first three paragraphs that set out how his dispute with the Lord Lyon will be resolved. He had no interest in any future petitions at the instance of third parties. In distinction to Dr Lindberg, the pursuer had an interest not only in the resolution of the dispute relating to her own petition but also in future petitions at the instance of third parties. The pursuer had an interest in such petitions because of the business of the firm. Dr Lindberg has no interest in the firm and no interest in such future petitions.

[54] Paragraphs 4 and 5 of the Agreement set out the terms upon which such future petitions will be granted and who is subject to the jurisdiction of the Lord Lyon. The obligations contained in paragraphs 4 and 5 were distinct and separate from those contained in paragraphs 1, 2 and 3 of the Agreement. The obligations in paragraphs 4 and 5 were severable from those in paragraphs 1, 2 and 3. It is only the pursuer, as a partner in the firm, that has an interest in the obligations imposed upon the defender by paragraphs 4 and 5 of the Agreement.

[55] In the present proceedings, the pursuer is seeking to enforce the obligations imposed upon the defender by paragraph 4(i) of the Agreement. Accordingly, Dr Lindberg does not require to be a pursuer in the present proceedings, in which he has no interest. Dr Lindberg has no interest in paragraph 4(i). Only the pursuer has such an interest. This why the


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 obligation that the pursuer is seeking to enforce is distinct and separate from the other obligations in the Agreement.

[56] As the pursuer and Dr Lindberg have distinct interests they are not to be viewed as one party for the purposes of the Agreement; and they are free to enforce their own individual interests without the consent or concurrence of the other. Accordingly, as the pursuer has both title and interest to pursue the present action and as it is not necessary for Dr Lindberg to be a party to the present proceedings, the defender's third plea-in-law should be repelled, and the supporting averments in Answers 5 and 12 should not be admitted to probation.

Whether the Agreement gave rise to enforceable obligations

[57] On this matter, the pursuer's position was that the Agreement, entered into by the pursuer and by one of the defender's predecessors in office on or about 13 November 2008, remains in full force and effect and the defender is bound by its terms. The Agreement was not personal to the defender's predecessor in office as it was entered into ex officio. Further, the Agreement is not a ministerial or judicial decision. It is a contract of compromise, which settled contentious litigation extra-judicially. Accordingly, the rules relating to the inability of the defender to bind his successors in office, which only apply to judicial and administrative decisions, are inapplicable.

[58] The Agreement is a contract of compromise between the parties to the petitions, videlicet: the pursuer, Dr Lindberg and the office of Lord Lyon. The defender's predecessor in office did not enter into the Agreement in a personal capacity. Rather he was the respondent to the petitions and a party to the Agreement in his official capacity as


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Rh. You mock me for that which made me great?

. It was that fortune that undid you.

. What do I care? For I delivered all this town.

. Then I will go: boy, lead me out of this.

. Yes, let him lead you. You take vexation with you.

. I will go: but first I will do my errand. For frown though you may you cannot destroy me. The man for whom you look, the man you have been threatening in all the proclamations about the death of Laius, that man is here. He seems, so far as looks go, an alien; yet he shall be found a native Theban and shall nowise be glad of that fortune. A blind man, though now he has his sight; a beggar, though now he is most rich; he shall go forth feeling the ground before him with his stick; so you go in and think on that, and if you find I am in fault say that I have no skill in prophecy.

[ is led out by the boy. enters the palace.

. The Delphian rock has spoken out, now must a wicked mind

Planner of things I dare not speak and of this bloody wrack,

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16 Pray for feet that run as fast as the four hoofs of the wind:

Cloudy Parnassus and the Fates thunder at his back.

That sacred crossing place of lines upon Parnassus’ head,

Lines drawn through North and South, and drawn through West and East,

That navel of the world bids all men search the mountain wood,

The solitary cavern, till they have found that infamous beast.

. Fellow-citizens, having heard that King Oedipus accuses me of dreadful things, I come in my indignation. Does he think that he has suffered wrong from me in these present troubles, or anything that could lead to wrong, whether in word or deed? How can I live under blame like that? What life would be worth having if by you here, and by my nearest friends, called a traitor through the town?

. He said it in anger, and not from his heart out.

. He said it was I put up the seer to speak those falsehoods.

. Such things were said.

. And had he his right mind saying it?

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Rh. I do not know—I do not know what my masters do.

. What brought you here? Have you a face so brazen that you come to my house—you the proved assassin of its master—the certain robber of my crown. Come, tell me in the face of the gods what cowardice, or folly, did you discover in me that you plotted this? Did you think that I would not see what you were at till you had crept upon me, or seeing it would not ward it off? What madness to seek a throne, having neither friends nor followers.

. Now, listen, hear my answer, and then you may with knowledge judge between us.

. You are plausible, but waste words now that I know you.

. Hear what I have to say. I can explain it all.

. One thing you will not explain away—that you are my enemy.

. You are a fool to imagine that senseless stubbornness sits well upon you.

. And you to imagine that you can wrong a kinsman and escape the penalty.

. That is justly said I grant you; but what is this wrong that you complain of?

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 Lord Lyon. This contract is accordingly binding upon all his successors in office, such as the present incumbent of the office of Lord Lyon, the defender. As a contract of compromise, the Agreement is distinct from ministerial decisions made by the defender when deciding whether or not to grant arms. It is simply an exercise of the contractual powers which vest in the office of the Lord Lyon King of Arms. It is not an exercise of any ministerial power. Nor is it the exercise of any judicial power: see Baron of Ardgowan v Lord Lyon King of Arms 2008 SLT 251; and Kerr.

[59] In addition, the common law rules of precedent, which prevent a single judge from binding another single judge, do not apply to the Agreement as it is not a judicial decision. When acting in a judicial capacity, the defender cannot bind his successors with any judicial precedents. However, the position is different when it comes to entering into a contract. Contracts entered into ex officio by the defender are binding upon his successors in office. For example, a lease entered into by one Lord Lyon would be binding upon his successor until its termination date. The same principles apply to the Agreement.

[60] As a contract of compromise, the Agreement regulates and governs the parties' rights and obligations in respect of its subject matter. It is well established that settlement agreements entered into by parties to extra-judicially settle litigation, such as the Agreement, are binding contracts. Thereafter, the parties' rights and obligations are determined by the terms of the settlement agreement. The reasons why this is the case were explained by the First Division in Evenoon Ltd v Jackel & Co Ltd 1982 SLT 83 per Lord Cameron at 88:

"The defenders reject the pursuers' claim to damages on the ground that any such claim was extinguished by reason of a entered into between the parties in November 1976 … The 'contract of compromise' is apparently a synonym for the form of contract treated by Stair under the name of 'transaction'. The use of the


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18. Did you advise, or not, that I should send for that notorious prophet?

. And I am of the same mind still.

. How long is it then since Laius—

. What, what about him?

. Since Laius was killed by an unknown hand?

. That was many years ago.

. Was this prophet at his trade in those days?

. Yes; skilled as now and in equal honour.

. Did he speak of me at any time?

. Never certainly when I was within earshot.

. And did you make inquiry into the murder?

. We made inquiry but learnt nothing.

. And why did he not tell out his story then?

. I do not know. Where I lack light I am silent.

. This much at least you know and can say out.

. What is that? If I know it I will say it.

. That if he had not consulted you he would never have said that it was I who killed Laius.

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 word 'compromise' in this context seems to have been introduced in Gloag on Contract (2nd ed.) at p. 456, and repeated by Lord Keith of Avonholm in Hunter v. Bradford Property Trust Ltd. at p. 190. Stair numbers 'transaction' amongst mutual onerous contracts (Inst., I. x. 12) as a nominate contract—in which law determines the implied terms; as he puts it: 'Transaction may well be numbered amongst mutual onerous contracts, for thereby either party quitteth a part of what he claims, for shunning the hazard and expences of law'. In the first edition of his Institutions (1681) Stair wrote of 'transaction': 'Which, being an useful mean to terminate pleas, the law of this and most nations observe the same inviolably, and will not admit the recalling thereof, upon anything can be pretended from new discovery of the parties' rights, or finding of writs or witnesses; but if nothing be abated, there is no transaction'. (Emphasis added.)

Accordingly, the Agreement superseded whatever the parties' rights and obligations may have been prior to the commencement of proceedings. As there was no judicial determination of the parties' respective rights and obligations, no issues of res judicata arise, and the parties' rights and obligations are governed by the common law of contract. As the defender has failed to aver a relevant defence to the binding nature of the Agreement, the pursuer's first and second pleas-in-law should be sustained and decree of declarator should be pronounced in terms of the first conclusion.

The Disputed Wording breaches the Agreement

[61] The Disputed Wording introduced by the defender in no longer makes any reference in Letters Patent to the Deed of Assignation transferring the barony breaches the obligations imposed upon the defender by paragraph 4(i) of the Agreement. Mr Lindsay referred to the correspondence anent the Disputed Wording, which I have already noted above.


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Rh. You know best what he said; but now, question for question.

. Question your fill—I cannot be proved guilty of that blood.

. Answer me then. Are you not married to my sister?

. That cannot be denied.

. And do you not rule as she does? And with a like power?

. I give her all she asks for.

. And am not I the equal of you both?

. Yes: and that is why you are so false a friend.

. Not so; reason this out as I reason it, and first weigh this: who would prefer to lie awake amid terrors rather than to sleep in peace, granting that his power is equal in both cases. Neither I nor any sober-minded man. You give me what I ask and let me do what I want, but were I king I would have to do things I did not want to do. Is not influence and no trouble with it better than any throne, am I such a fool as to hunger after unprofitable honours? Now all are glad to see me, everyone wishes me well, all that want a favour from you ask speech of me—finding in that their hope. Why should I give up these things and take those? No wise mind is treacherous. I am no contriver of plots, and if another took to them he would not come to me for help.

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 Correspondence anent the Disputed Wording

[62] Mr Lindsay noted the correspondence anent the introduction of Disputed Wording. By letter dated 23 October 2017 addressed to Dr Michael Yellowlees of Lindsays Solicitors, the defender advised that he had reconsidered the wording relating to feudal baronies contained in Letters Patent. He further advised that he had decided that from 1 January 2018:

 * (i) any application based on the ownership of a barony will no longer make any reference to the Deed of Assignation transferring the barony; and

 * (ii) the Letters Patent will simply state the petitioner "being within the jurisdiction of the Lord Lyon, King of Arms–he assigns Armorial Bearings".

The effect of the Disputed Wording, which is to omit the assignation clause, will mean that there is no longer any express statement in the Letters Patent that the Lord Lyon officially recognises the petitioner as baron of the barony in question. This is, Mr Lindsay submitted, a breach of the obligation to do so which is imposed by paragraph 4(i) of the Agreement. The Letters Patent are the only document in which such official recognition can be given by the defender. As the defender has failed to aver any relevant defence to the Disputed Wording being a breach of the obligations imposed upon him by paragraph 4(i) of the Agreement, the The Disputed Wording breaches Menking.

[63] In his note of argument, Mr Lindsay had argued that the Disputed Wording was contrary to the terms of his judicial decision in Menking, in which the defender set out how his jurisdiction to make a grant of arms would be mentioned in Letters Patent. (The import of Menking is summarised above, at paras [26] and [27].) The pursuer relied in particular on the proposed wording of recognition thereby introduced, namely, "By Deed of Assignation


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20 And in proof of this go to the Pythian Oracle, and ask if I have truly told what the gods said: and after that, if you have found that I have plotted with the Soothsayer, take me and kill me; not by the sentence of one mouth only—but of two mouths, yours and my own. But do not condemn me in a corner, upon some fancy and without proof. What right have you to declare a good man bad or a bad good? It is as bad a thing to cast off a true friend, as it is for a man to cast away his own life—but you will learn these things with certainty when the time comes; for time alone shows a just man; though a day can show a knave.

. King! He has spoken well, he gives himself time to think; a headlong talker does not know what he is saying.

. The plotter is at his work, and I must counterplot headlong, or he will get his ends and I miss mine.

. What will you do then? Drive me from the land?

. Not so; I do not desire your banishment—but your death.

. You are not sane.

. I am sane at least in my own interest.

. You should be in mine also.

. No, for you are false.

. But if you understand nothing?

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 mamma, one of the best mothers in the world, who fed us children with her own blood when we had nothing else for dinner, is no more, my papa, who is always lazy, has bidden us to look out for ourselves. You were pleased just now to compliment my l my limbs, says the stork, turning her eyes to the ground; 'and the fact is, that I wish to profit, sir, by those graces with which nature endowed me, and am learning to dance. I came out here to practise a little step that I am to perform before some friends this morning, and here, sir, you have my history.'

I do pray and beseech you to let us see the rehearsal of the step,' said the king, quite amused; on which the young stork, stretching out her scraggy neck, and giving him an ogle with her fish-like eyes, fell to dancing and capering in such a ridiculous way, that the king and vizier could restrain their gravity no longer, but burst out into an immoderate fit of laughter. I do not know that Munsoor would have laughed. of his own accord, for he was a man of no sort of humour; but le made it a point whenever his master laughed always to roar too; and in this instance his servility cost him dear.

"The young female stork, as they were laughing, flew away in a huff, and thought them no doubt the most ill-mannered brutes in the world. When they were restored to decent gravity, the king voted that they should resume their shapes again, and hie home to breakfast. So he turned himself round to the east, bobbed his head three times according to the receipt, and—

Vizier,' said he, 'what the deuce is the word?—Hudge, kudge, fudge—what is it?'

"The vizier had forgotten too; and then the condition annexed to the charm came over these wretched men, and they felt they were storks for ever. In vain they racked their poor brains to discover the word—they were no wiser at the close of the day than at the beginning, and at nightfall were fain to take wing from the lonely morass where they had passed so many miserable hours, and seek for shelter somewhere."


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"After flying about, for some time, the poor storks perched upon the palace, where it was evident that all was in consternation. 'Ah!' said the king, with a sigh, 'why, O cursed vizier, didst thou ever bring that beggar-woman into my presence? here it is, an hour after sunset, and at this hour I should have been seated at a comfortable supper, but for thy odious officiousness, and my own fatal curiosity?'

"What his majesty said was true; and, having eaten nothing all day (for they could not make up their stomachs to subsist upon raw frogs and fish), he saw, to his inexpressible mortification, his own supper brought into the royal closet at the usual hour, taken away from thence, and the greater part of it eaten up by the servants as they carried it back to the kitchen.

"For three days longer, as they lingered about Tehran, that city was in evident dismay and sorrow. On the first day a council was held, and a great deal of discussion took place between the mollahs and emirs; on the second day another council was held, and all the mollahs and emirs swore eternal fidelity to King Mushook; on the third day a third council was held, and they voted to a man that all faithful Persians had long desired the return of their rightful sovereign and worship, and proclaimed Ghuzroo Sultan of Persia. Ghuzroo and his son, Ameen Adawb, entered the divan. What a thrill passed through the bosom of Mushook (who was perched on a window of the hall) when he saw Ghuzroo walk up and take possession of his august throne, and beheld in the countenance of that unbeliever the traits of the very old woman who had sold him the box!

"It would be tedious to describe to your majesty the numberless voyages and the long dreary flights which the unhappy sultan and vizier now took. There is hardly a mosque in all Persia or Arabia on which they did not light; and as for frogs and fishes, they speedily learned to be so little particular as to swallow them raw with considerable satisfaction, and, I do believe, tried every pond and river in Asia.


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Rh. Yet I must rule.

. Not if you rule badly.

. Hear him, O Thebes!

. Thebes is for me also, not for you alone.

. Cease, princes: I see Jocasta coming out of the house; she comes just in time to quench the quarrel.

. Unhappy men! Why have you made this crazy uproar? Are you not ashamed to quarrel about your own affairs when the whole country is in trouble? Go back into the palace, Oedipus, and you, Creon, to your own house. Stop making all this noise about some petty thing.

. Your husband is about to kill me—or to drive me from the land of my fathers.

. Yes: for I have convicted him of treachery against me.

. Now may I perish accursed if I have done such a thing.

. For god’s love believe it, Oedipus. First, for the sake of his oath, and then for my sake, and for the sake of these people here.

(all). King, do what she asks.

. What would you have me do?

. Not to make a dishonourable charge, with no more evidence than rumour,

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22 against a friend who has bound himself with an oath.

. Do you desire my exile or my death?

. No, by Helios, by the first of all the gods, may I die abandoned by Heaven and earth if I have that thought. What breaks my heart is that our public griefs should be increased by your quarrels.

. Then let him go, though I am doomed thereby to death or to be thrust dishonoured from the land; it is your lips, not his, that move me to compassion; wherever he goes my hatred follows him.

. You are as sullen in yielding as you were vehement in anger, but such natures are their own heaviest burden.

. Why will you not leave me in peace and begone?

. I will go away; what is your hatred to me; in the eyes of all here I am a just man.

. Lady, why do you not take your man in to the house?

. I will do so when I have learned what has happened.

. The half of it was blind suspicion bred of talk; the rest the wounds left by injustice.

. It was on both sides?

. Yes.

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Rh. What was it?

. Our land is vexed enough. Let the thing alone now that it is over.

[Exit leader of chorus.

. In the name of the gods, king, what put you in this anger?

. I will tell you; for I honour you more than these men do. The cause is Creon and his plots against me.

. Speak on, if you can tell clearly how this quarrel arose.

. He says that I am guilty of the blood of Laius.

. On his own knowledge, or on hearsay?

. He has made a rascal of a seer his mouthpiece.

. Do not fear that there is truth in what he says. Listen to me, and learn to your comfort that nothing born of woman can know what is to come. I will give you proof of that. An oracle came to Laius once, I will not say from Phoebus, but from his ministers, that he was doomed to die by the hand of his own child sprung from him and me. When his child was but three days old Laius bound its feet together and had it thrown by sure hands upon a trackless mountain; and when Laius was murdered at the place where three highways meet, it was, or so at least the rumour says, by foreign

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216Rh Considering that the years concerned are years of revolution and civil war, it must be admitted that the progress shown by these figures is very remarkable.

There are schemes for universal elementary education, but so far, owing to the disturbed condition of the country and the lack of funds, it has been impossible to carry them out except in a few places on a small scale. They would, however, be soon carried out if there were a stable government.

The traditional classical education was, of course, not intended to be only elementary. The amount of Chinese literature is enormous, and the older texts are extremely difficult to understand. There is scope, within the tradition, for all the industry and erudition of the finest renaissance scholars. Learning of this sort has been respected in China for many ages. One meets old scholars of this type, to whose opinions, even in politics, it is customary to defer, although they have the innocence and unworldliness of the old-fashioned don. They remind one almost of the men whom Lamb describes in his essay on Oxford in the Vacation—learned, lovable, and sincere, but utterly lost in the modern world, basing their opinions of Socialism, for example, on what some eleventh-century philosopher said about it. The arguments for and against the type of higher education that they represent are exactly the same as those for and against a classical education in Europe, and one is driven to the same conclusion in both cases: that the existence of specialists having this type of knowledge is highly desirable, but that the ordinary curriculum for the average educated person should take more account of modern needs, and give more


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217Rh instruction in science, modern languages, and contemporary international relations. This is the view, so far as I could discover, of all reforming educationists in China.

The second kind of higher education in China is that initiated by the missionaries, and now almost entirely in the hands of the Americans. As everyone knows, America's position in Chinese education was acquired through the Boxer indemnity. Most of the Powers, at that time, if their own account is to be believed, demanded a sum representing only actual loss and damage, but the Americans, according to their critics, demanded (and obtained) a vastly larger sum, of which they generously devoted the surplus to educating Chinese students, both in China and at American universities. This course of action has abundantly justified itself, both politically and commercially; a larger and larger number of posts in China go to men who have come under American influence, and who have come to believe that America is the one true friend of China among the Great Powers.

One may take as typical of American work three institutions of which I saw a certain amount: Tsing-Hua College (about ten miles from Peking), the Peking Union Medical College (connected with the Rockefeller Hospital), and the so-called Peking University.

Tsing-Hua College, delightfully situated at the foot of the Western hills, with a number of fine solid buildings, in a good American style, owes its existence entirely to the Boxer indemnity money.


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24 robbers. So Apollo did not bring it about that the child should kill its father, nor did Laius die in the dreadful way he feared by his child’s hand. Yet that was how the message of the seers mapped out the future. Pay no attention to such things. What the god would show he will need no help to show it, but bring it to light himself.

. What restlessness of soul, lady, has come upon me since I heard you speak, what a tumult of the mind!

. What is this new anxiety? What has startled you?

. You said that Laius was killed where three highways meet.

. Yes: that was the story.

. And where is the place?

. In Phocis where the road divides branching off to Delphi and to Daulia.

. And when did it happen? How many years ago?

. News was published in this town just before you came into power.

. O Zeus! What have you planned to do unto me?

. He was tall; the silver had just come into his hair; and in shape not greatly unlike to you.

. Unhappy that I am! It seems that I have laid a dreadful curse upon myself, and did not know it.

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218Rh It has an atmosphere exactly like that of a small American university, and a (Chinese) President who is an almost perfect reproduction of the American College President. The teachers are partly American, partly Chinese educated in America, and there tends to be more and more of the latter. As one enters the gates, one becomes aware of the presence of every virtue usually absent in China: cleanliness, punctuality, exactitude, efficiency. I had not much opportunity to judge of the teaching, but whatever I saw made me think that the institution was thorough and good. One great merit, which belongs to American institutions generally, is that the students are made to learn English. Chinese differs so profoundly from European languages that even with the most skilful translations a student who knows only Chinese cannot understand European ideas; therefore the learning of some European language is essential, and English is far the most familiar and useful throughout the Far East.

The students at Tsing-Hua College learn mathematics and science and philosophy, and broadly speaking, the more elementary parts of what is commonly taught in universities. Many of the best of them go afterwards to America, where they take a Doctor's degree. On returning to China they become teachers or civil servants. Undoubtedly they contribute greatly to the improvement of their country in efficiency and honesty and technical intelligence.

The Rockefeller Hospital is a large, conspicuous building, representing an interesting attempt to combine something of Chinese beauty with European utilitarian requirements. The green roofs are quite Chinese, but the walls and windows are European. The attempt is praiseworthy, though perhaps not


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Rh. What do you say? I tremble when I look on you, my king.

. And I have a misgiving that the seer can see indeed. But I will know it all more clearly, if you tell me one thing more.

. Indeed, though I tremble I will answer whatever you ask.

. Had he but a small troop with him; or did he travel like a great man with many followers?

. There were but five in all—one of them a herald; and there was one carriage with Laius in it.

. Alas! It is now clear indeed. Who was it brought the news, lady?

. A servant—the one survivor.

. Is he by chance in the house now?

. No; for when he found you reigning instead of Laius he besought me, his hand clasped in mine, to send him to the fields among the cattle that he might be far from the sight of this town; and I sent him. He was a worthy man for a slave and might have asked a bigger thing.

. I would have him return to us without delay.

. Oedipus, it Is easy. But why do you ask this?

. I fear that I have said too much, and therefore I would question him.

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State allowances to families with children include support for the children, pensions for orphans, and grants for education. Besides these benefits, the state also provides each child with textbooks and school meals and arranges for the care and training of children who are physically or mentally handicapped. Other concessions to families with children include deductions from the wage tax, rent and fare allowances, and clothing grants. However, the broad diffusion of state funds for children had resulted in a system that was not encouraging families to have additional children. Consequently, the government increased these allowances in 1968, particularly to families with many children. In addition, the monthly maternity leave allowance was raised to as high as 120 korunas a day for 26 weeks.

Apart from the national insurance program, public welfare services are very limited. National committees and a few charitable institutions—still managed by religious denominations but under state control—carry on a certain amount of charitable work and operate several homes for those few aged persons who are not covered by social security. The Czechoslovak Red Cross, theoretically independent, is controlled by the government. The Red Cross gives training in first aid and nursing, renders aid to victims of natural disasters, and carries out other tasks assigned by the state.

E. Religion (U/OU)

In contrast to other East European nations, such as Hungary and Poland, where there are large Catholic populations, the Communist regime in Czechoslovakia has maintained intense internal pressure on all religious denominations. Because of its ties with the Vatican, its position as the country's largest religious group, and because of its sudden resurgence under the Dubcek government, the Catholic Church has been repeatedly accused of playing a counterrevolutionary role. Despite the limited accord reached between the Czechoslovak Government and the Vatican in early 1973, the Church is still kept under tight control through the Secretariat for Church Affairs.

Although the Communist regime's intensive antireligious campaign may have increased the proportion of atheists and nonbelievers among the population to as many as 10%, most evidence indicates that Christian churches are continuing to grow. Complaints are regularly voiced in the press about officials who are exemplary Communists on the job but publicly participate in church activities because they wish to "avoid ostracism in a strongly religious village."

Whereas the deep religious involvement of the past among the Czechs has been widely commuted into a strong ideological consciousness, whether of the Marxist, National Democratic, or Masarykite tradition, religious attachment among the Slovaks to the Catholic Church remains strong and, as in Poland, has merged somewhat with nationalist feelings. In recognition of the strength of religious ties in Slovakia, the Institute for Scientific Atheism, based on the Soviet model, was established in 1971 at the Slovak Academy of Sciences to combat religion and propagate atheism primarily through the periodical Ateizmus. Although the periodical selects Catholicism as its chief target, sharp attacks are also made on Judaism, the other Christian churches, and on various sects such as Jehovah's Witnesses.

Christianity has been in the forefront of Czechoslovakia's cultural history and political development. First introduced into Bohemia and Moravia and a part of Slovakia by German missionaries in the ninth century in conjunction with German political expansion. Christianity had become firmly implanted by 973 when a bishopric was established in Prague. The Eastern rite and Slavonic liturgy were introduced in the present Czech Lands by the Greek missionaries Cyril and Methodius, who proselytized after 863 upon the invitation of Moravian princes who sought to counteract French and German influences. The Slovaks, cut off from the Czechs by the Magyar invasion of 896-906, received the Roman Catholic faith from the first Christian ruler of Hungary about a century later.

Having become a center of learning in central Europe by the 15th century, the city of Prague provided the setting for the rise to prominence of Jan Hus, one of the more notably religious reformers preceding Luther. The burning of Hus at the stake for heresy in 1415 rallied Czech nobility and commoners against the Church hierarchy, the Holy Roman Emperor, and particularly the German element in Bohemia whose leaders had denounced Hus. Although a Hussite party led by the Czechs was successful for a time in protecting the Hussite Church against Catholic forces bent upon its destruction, the forces supporting the Counter-Reformation decisively defeated Protestant elements at the battle of White Mountain in 1620. As a result, Protestant religious activities were practically eliminated from Bohemia and Moravia for about 150 years. The Age of Enlightenment in the latter 18th century led to the passage in 1781 of an Edict of Toleration, thereby bestowing upon Protestant and Greek Orthodox believers the legal right to worship. A subsequent series of Austrian laws, enacted from 1864 to 1890, further

21

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26. He shall come, but I too have a right to know what lies so heavy upon your heart, my king.

. Yes: and it shall not be kept from you; now that my fear has grown so heavy. Nobody is more to me than you, nobody has the same right to learn my good or evil luck. My father was Polybius of Corinth—my mother the Dorian Merope, and I was held the foremost man in all that town until a thing happened—a thing to startle a man, though not to make him angry as it made me. We were sitting at the table, and a man who had drunk too much cried out that I was not my father’s son—and I, though angry, restrained my anger for that day; but the next day went to my father and my mother and questioned them. They were indignant at the taunt and that comforted me—and yet the man’s words rankled, for they had spread a rumour through the town. Without consulting my father or my mother I went to Delphi, but Phoebus told me nothing of the thing for which I came, but much of other things—things of sorrow and of terror: that I should live in incest with my mother, and beget a brood that men would shudder to look upon; that I should be my father’s murderer. Hearing those words I fled out of Corinth, and from that day have but known where it lies when I

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219Rh wholly successful. The hospital has all the most modern scientific apparatus, but, with the monopolistic tendency of the Standard Oil Company, it refuses to let its apparatus be of use to anyone not connected with the hospital. The Peking Union Medical College teaches many things besides medicine—English literature, for example—and apparently teaches them well. They are necessary in order to produce Chinese physicians and surgeons who will reach the European level, because a good knowledge of some European language is necessary for medicine as for other kinds of European learning. And a sound knowledge of scientific medicine is, of course, of immense importance to China, where there is no sort of sanitation and epidemics are frequent.

The so-called Peking University is an example of what the Chinese have to suffer on account of extra-territoriality. The Chinese Government (so at least I was told) had already established a university in Peking, fully equipped and staffed, and known as the Peking University. But the Methodist missionaries decided to give the name "Peking University" to their schools, so the already existing university had to alter its name to "Government University." The case is exactly as if a collection of old-fashioned Chinamen had established themselves in London to teach the doctrine of Confucius, and had been able to force London University to abandon its name to them. However, I do not wish to raise the question of extra-territoriality, the more so as I do not think it can be abandoned for some years to come, in spite of the abuses to which it sometimes gives rise.

Returned students (i.e. students who have been


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Rh have found its direction by the stars. I sought where I might escape those infamous things—the doom that was laid upon me. I came in my flight to that very spot where you tell me this king perished. Now, lady, I will tell you the truth. When I had come close up to those three roads, I came upon a herald, and a man like him you have described seated in a carriage. The man who held the reins and the old man himself would not give me room, but thought to force me from the path, and I struck the driver In my anger. The old man, seeing what I had done, waited till I was passing him and then struck me upon the head. I paid him back in full, for I knocked him out of the carriage with a blow of my stick. He rolled on his back, and after that I killed them all. If this stranger were indeed Laius, is there a more miserable man in the world than the man before you? Is there a man more hated of Heaven? No stranger, no citizen, may receive him into his house, not a soul may speak to him, and no mouth but my own mouth has laid this curse upon me. Am I not wretched? May I be swept from this world before I have endured this doom!

. These things, O King, fill us with terror; yet hope till you speak with him that saw the deed, and have learnt all.

. Till I have learnt all, I may hope.

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 ROBERT LOUIS STEVENSON

THE MAN & HIS WORK

EXTRA NUMBER OF THE BOOKMAN

5′ NET1913

LONDON, HODDER & STOUGHTON ST. PAUL'S HOUSE, WARWICK SQ, E.C.


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28 I await the man that is coming from the pastures.

. What is it that you hope to learn?

. I will tell you. If his tale agrees with yours, then I am clear.

. What tale of mine?

. He told you that Laius met his death from robbers; if he keeps to that tale now and speaks of several slayers I am not the slayer. But if he says one lonely wayfarer, then beyond a doubt the scale dips to me.

. Be certain of this much at least, his first tale was of robbers. He cannot revoke that tale—the city heard it and not I alone. Yet, if he should somewhat change his story, king, at least he cannot make the murder of Laius square with prophecy; for Loxius plainly said of Laius that he would die by the hand of my child. That poor innocent did not kill him, for it died before him. Therefore from this out I would not for all divination can do so much as look to my right hand or to my left hand, or fear at all.

. You have judged well; and yet for all that, send and bring this peasant to me.

. I will send without delay. I will do all that you would have of me—but let us come in to the house.

[They go in to the house.

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Rh

For this one thing above all I would be praised as a man,

That in my words and my deeds I have kept those laws in mind

Olympian Zeus, and that high clear Empyrean,

Fashioned, and not some man or people of mankind,

Even those sacred laws nor age nor sleep can blind.

A man becomes a tyrant out of insolence,

He climbs and climbs, until all people call him great,

He seems upon the summit, and God flings him thence;

Yet an ambitious man may lift up a whole State,

And in his death be blessed, in his life fortunate.

And all men honour such; but should a man forget

The holy Images, the Delphian Sybil’s trance

And the world’s navel stone, and not be punished for it

And seem most fortunate, or even blessed perchance,

Why should we honour the gods, or join the sacred dance?

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Page:Robert Louis Stevenson - a Bookman extra number 1913.djvu/9

 ROBERT LOUIS STEVENSON

A BOOKMAN EXTRA NUMBER

1913

LONDON : HODDER & STOUGHTON ST. PAUL'S HOUSE, WARWICK SQUARE, E.C


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30

. It has come into my head, citizens of Thebes, to visit every altar of the gods, a wreath in my hand and a dish of incense. For all manner of alarms trouble the soul of Oedipus, who instead of weighing new oracles by old, like a man of sense, is at the mercy of every mouth that speaks terror. Seeing that my words are nothing to him, I cry to you, Lysian Apollo, whose altar is the first I meet: I come, a suppliant, bearing symbols of prayer; O make us clean, for now we are all afraid, seeing him afraid, even as they who see the helmsman afraid.

. May I learn from you, strangers, where is the home of King Oedipus? Or better still, tell me where he himself is, if you know.

. This is his house, and he himself, stranger, is within it, and this lady is the mother of his children.

. Then I call a blessing upon her, seeing what man she has married.

. May god reward those words with a like blessing, stranger. But what have you come to seek or to tell?

. Good news for your house, lady, and for your husband.

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 known, when further progress was arrested by the changed demeanor of Lee Clayton.

No longer did he walk as a man alone, but rather as one who wends his way in and out among a crowd. Occasionally he paused and gazed fixedly at some object apparently visible to him, then his head turned as though following the course of something in motion.

The effect was most uncanny, and I pinched myself to make certain I was not asleep. The somnambulist, if he were such, strode with dignity in the direction of the triumphal Arch of Titus, and there he paused. Strange words were wafted to my ears, phrases in an unknown tongue. Unknown? Had I studied Latin for six years not to recognize it when I heard it, even in this fashion? Occasionally Clayton paused, apparently to lay his hand upon the shoulder of an invisible associate. Some of the things he thought he heard were mirth-provoking, and his laughter rang out weirdly shrill in the white silence around us.

"Jumping Jehosophat!" I exclaimed, wiping my perspiring brow with my handkerchief. "That's a wow of a dream all right!"

He must have heard me, for he looked in my direction and smiled as if in friendly greeting. Tremblingly I smiled back. I racked my brain for one intelligent sentence in Latin.

All Gaul is divided into three parts' won't do upon this occasion," I mumbled disconsolately.

The only other words that came to my muddled brain were the Latin version of 'Twinkle, twinkle little star.' I tried them and was greeted with a burst of uproarious laughter from Clayton, the incongruity of which at this time caused me to tremble with fear. He said something about vinum nimium, and then turned his attention to the Arch of Titus, talking off and on the while as if engaged in conversation with many around him.

For an hour the apparent monologue continued while I stood spellbound. Finally he turned abruptly and proceeded in the direction of the Colosseum. He strode so rapidly that I had difficulty in keeping a desirable distance behind him. I intended to see that he returned without harm to his rooms at the hotel.

At the foot of the flight of steps leading to the level of present-day Rome, Clayton paused and passed a hand across his brow. He gazed about him in apparent bewilderment and proceeded thereafter with the air of a man in solitude.

Thinking that possibly the knowledge of a witness might cause him some embarrassment I did not make my presence manifest, but allowed him to retire to his apartment before entering the hotel myself.

Was the true explanation of Lee Clayton's night expedition in any way connected with the puzzling dream of which he had told me Sleep claimed me for the few hours that remained until dawn.

following morning found me in bed at a late hour. My vigilance of the previous night had been more fatiguing than I had at the time realized. I lay for some time pondering the enigma of my friend's behavior. Should I feign ignorance of the occurrence in the Forum, or would it be best to inform Lee Clayton of what I knew? Unable to decide the better course to pursue, I dressed and hastened down to breakfast.

Clayton was breakfasting alone in a far corner of the dining salon. As I took the chair opposite him he looked up with a smile of recognition and passed across the table to me an open volume which he had been


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NOTES and it is interesting to recall the opinion he held on the permanency of Stevenson's fame when he was reviewing Mr. Graham Balfour's biography, twelve years ago: "It is said in some quarters that Stevenson has been over-praised, that a reaction has set in against him, that he will not fascinate the next generation. It matters not one rap whether he does or not to any one who has perceived his absolute solidity and his eternal use to mankind Stevenson will win, not because he has friends or admirers or the approval of the public or the assent of the æsthetes. He will win because he is right a word of great practical import which needs to be re-discovered. He may or may not be eclipsed for a time; it would be a truer way of putting it to say that the public may or may not be eclipsed for a time The idea that a great literary man who has said something novel and important to mankind can vanish suddenly and finally is ridiculous. The pessimists who believe it are people who could believe that the sun is destroyed for ever every time it sinks in the west. Nothing is lost in the magnificent economy of existence; the sun returns, the flowers return, the literary fashions return. If life is a continual parting, it is also a continual heaven of reconciliation."

But Stevenson's fame was never in danger of eclipse; a new generation has risen since he finished his work, and the interest in his books and in his personality was never stronger than it is now. In the Elegy in his "Robert Louis Stevenson and Other Poems" (John Lane), Mr. Richard Le Gallienne said the last word on this score:

$\overline$


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 NOTES

The literary contents of this volume are, to some extent, an anthology compiled from back Numbers of that are in constant demand but have long been out of print, and we are indebted to the kindness of Mr. Edmund Gosse, Mr. Austin Dobson and Mr. William Watson for permission to include the poems by them from their published works.

Our thanks are due to Sir Sidney Colvin for the loan of the three different examples of Stevenson's handwriting, which we reproduce on pages 106 and 107. Nobody knew R. L. S. more intimately than Sir Sidney Colvin, who was always one of his closest friends, and remained his adviser and constant correspondent to the end. By his editing of Stevenson's Letters Sir Sidney has placed all Stevensonians under a lasting debt of gratitude to him, and it is with keenest anticipations we hear that he is contemplating a book about Stevenson that shall be one of a series, part critical and part personal, on Victorian writers and artists he has known. Sir Sidney Colvin knew all the greatest of the later Victorians in art and letters, and the value and interest of such a series of personal recollections from his pen cannot easily be exaggerated.

"The Island of the Blest," from which, on page 32, we extract a description of R. L. S., was written by Mr. Gosse in 1879, and he now confesses for the first time that the characters in this poem were studied from his associates of that day, and in particular from intimate friends. Stevenson was pictured in it under the name of Cynthius, and the picture is a very careful study of the man he then was, at the age of twenty-nine—a very different personality, of course, from the staider and more responsible Stevenson of later years—a Stevenson that is, perhaps, in some danger of being forgotten. This gives the stanzas now a certain historical value, and we are therefore the more obliged to Mr. Gosse for permitting us to reprint the verses here and to make this interesting disclosure concerning them.

The poem, "To Tusitala in Vailima," on page 77, was the dedication to Stevenson by Mr. Gosse of his volume, "In Russet and Silver," which is now included in his Collected


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Rh. What news? From whence have you come?

. From Corinth, and you will rejoice at the message I am about to give you; yet, maybe, it will grieve you.

. What is it? How can it have this double power?

. The people of Corinth, they say, will take him for king.

. How then? Is old Polybius no longer on the throne?

. No. He is in his tomb.

. What do you say? Is Polybius dead, old man?

. May I drop dead if it is not the truth.

. Away! Hurry to your master with this news. O oracle of the gods, where are you now? This is the man whom Oedipus feared and shunned lest he should murder him, and now this man has died a natural death, and not by the hand of Oedipus.

. Jocasta, dearest wife, why have you called me from the house?

. Listen to this man, and judge to what the oracles of the gods have come.

. And he—who may he be? And what news has he?

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32. He has come from Corinth to tell you that your father, Polybius, is dead.

. How, stranger? Let me have it from your own mouth.

. If I am to tell the story, the first thing is that he is dead and gone.

. By some sickness or by treachery?

. A little thing can bring the aged to their rest.

. Ah! He died, it seems, from sickness?

. Yes; and of old age.

. Alas! Alas! Why, indeed, my wife, should one look to that Pythian seer, or to the birds that scream above our heads? For they would have it that I was doomed to kill my father. And now he is dead—hid already beneath the earth. And here am I—who had no part in it, unless indeed he died from longing for me. If that were so, I may have caused his death; but Polybius has carried the oracles with him into Hades—the oracles as men have understood them—and they are worth nothing.

. Did I not tell you so, long since?

. You did, but fear misled me.

. Put this trouble from you.

. Those bold words would sound better, were not my mother living. But as it is—I have some grounds for fear; yet you have said well.

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Rh Poems. Some lines in it proved strangely prophetic, and it has a peculiarly poignant interest in that it was one of the last things Stevenson read; and the last letter he wrote, two days before he died, was to Mr. Gosse acknowledging the receipt of the volume: "Let me speak first of the dedication. I thank you for it from my heart. It is beautifully said, beautifully and kindly felt; and I should be a churl indeed if I were not grateful, and an ass if I were not proud. I remember when Symonds dedicated a book to me; I wrote and told him of 'the pang of gratified vanity' with which I had read it. The pang was present again, but how much more sober and autumnal—like your volume. Let me tell you a story, or remind you of a story. In the year of grace something or other, anything between '76 and '78 Then follows the story, revealing a charming instance of Mr. Gosse's friendliness to R. L. S. and expressing a wistful doubt whether at the time the teller of the story had sufficiently appreciated that friendliness. Every lover of Stevenson's letters knows the story, and because of it gives Mr. Gosse a special place in his heart.

, whose admirable etching of Stevenson's Bournemouth house, "Skerryvore," we reproduce on page 64, is still a very young man; he is a gold-medalist of South Kensington, and a teacher in the Bournemouth technical schools. His etchings of local scenes, particularly of Poole Harbour, have met with the highest appreciation; by those competent to judge he is recognised as an artist of fine original gifts, and one whose work is destined to be heard much of in the near future. The "Skerryvore" etching is the property of Mr. Ernest Cooper, of 100, Old Christchurch Road, Bournemouth, and he has been kind enough to send us a print and permit us to reproduce it.

A new edition of "R. L. Stevenson's Edinburgh Days," by Eve Blantyre Simpson, has just been published, illustrated with portraits of Stevenson and photographs of places associated with him. Messrs. Chatto and Windus are issuing a handsome illustrated edition of one of the best of Stevenson's shorter stories, "The Pavilion on the Links," with a coloured frontispiece and twenty-four full-page black-and-white illustrations and end-papers by Gordon Browne; and Messrs. Cassell are publishing this month a new edition of "Kidnapped."


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Rh. Yet your father’s death is a sign that all is well.

. I know that: but I fear because of her who lives.

. Who is this woman who makes you afraid?

. Merope, old man, the wife of Polybius.

. What is there in her to make you afraid?

. A dreadful oracle sent from Heaven, stranger.

. Is it a Secret, or can you speak it out?

. Loxius said that I was doomed to marry my own mother, and to shed my father’s blood. For that reason I fled from my house in Corinth; and I did right though there is great comfort in familiar faces.

. Was it indeed for that reason that you went into exile?

. I did not wish, old man, to shed my father’s blood.

. King, have I not freed you from that fear?

. You shall be fittingly rewarded.

. Indeed, to tell the truth, it was for that I came; to bring you home and be the better for it

. No! I will never go to my parents’ home.

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34. Ah, my son, it is plain enough, you do not know what you do.

. How, old man? For the gods’ love, tell me.

. If for these reasons you shrink from going home.

. I am afraid lest Phoebus has spoken true.

. You are afraid of being made guilty through Merope?

. That is my constant fear.

. A vain fear.

. How so, if I was born of that father and mother?

. Because they were nothing to you in blood.

. What do you say? Was Polybius not my father?

. No more nor less than myself.

. How can my father be no more to me than you who are nothing to me?

. He did not beget you any more than I.

. No? Then why did he call me his son?

. He took you as a gift from these hands of mine.

. How could he love so dearly what came from another’s hands?

. He had been childless.

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Rh. If I am not your son, where did you get me?

. In a wooded valley of Cythaeron.

. What brought you wandering there?

. I was in charge of mountain sheep.

. A shepherd—a wandering, hired man.

. A hired man who came just in time.

. Just in time—had it come to that?

. Have not the cords left their marks upon your ankles?

. Yes, that is an old trouble.

. I took your feet out of the spancel.

. I have had those marks from the cradle.

. They have given you the name you bear.

. Tell me, for the gods’ sake, was that deed my mother’s or my father’s?

. I do not know—he who gave you to me knows more of that than I.

. What? You had me from another? You did not chance on me yourself?

. No. Another shepherd gave you to me.

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NOTES The appearance of "The Pavilion on the Links" marked a turning-point in Stevenson's literary career. "He stole quietly into the world of fame," Justin M'Carthy writes in his "History of Our Own Times. "Most of us heard of him for the first time, a great many years ago, when a remarkable story, a short story, appeared in the Cornhill Magazine, called 'The Pavilion on the Links,' signed with the initials R. L. S.' None of us then had the least idea as to the identity of the writer of the story, but some of us, at all events, felt satisfied that a new and fresh power had arisen in English literature." And in his "Stevensoniana," that invaluable storehouse of all that concerned Stevenson, Mr. J. A. Hammerton summarises and partly reprints the essay in which Sir A. Conan Doyle said, in 1890, that The Pavilion on the Links' marks the high-water mark of his genius, and is enough in itself, without another line, to give a man a permanent place among the great story-tellers of the race."

Since "Kidnapped" was first published, in 1886, edition after edition has had to be printed to meet the unending demand for the story of David Balfour's adventures and his exploits in the company of the doughty Alan Breck, one of the noblest soldiers of fortune that has ever flashed through the pages of a book. In the opinion of the author "Kidnapped" was his best, indeed his only good story, and the one he liked best himself, a judgment which is to some extent confirmed by so acute a critic as Mr. Henry James, who said that it represented the best work of Stevenson up to 1887, averring that "the episode of the quarrel of the two men on the mountain-side is a real stroke of genius and has the very logic and rhythm of life." In a copy of the book that he presented to Dr. E. L. Trudeau, at Lake Saranac, Stevenson wrote:

For the new Illustrated Edition of "Kidnapped," which they are issuing this autumn, Messrs. Cassell have secured the services of the well-known Scottish artist,, one of whose eight brilliant colour pictures for it we reproduce in this Number.

We are indebted also to Messrs. Seeley, Service and Co.


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 ROBERT LOUIS STEVENSON.


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From " Pravers Written at Vailima." Edition de Luxe with illuminations by Alberto Sangorski. (Chatlo and Windus.)

STEVENSON'S PRAYER FOR FRIENDS.


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Photo by E. O. Hoppé.


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Author:Justinus Andreas Christian Kerner

Works

 * "Goldener"
 * "Goldner" translated by George Godfrey Cunningham (1829)


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 THE APPRENTICESHIP OF ROBERT LOUIS STEVENSON

is a faithful Scot on a hillside in Samoa, much given to boasting in print of his high-set, far-shining palace, his nineteen waterfalls, and the blue sky over all. This is public; but when a far-travelled, much-enduring letter, at once broad and slim, overtops the brae and bears down upon us, having for trade-mark the crow-toe calligraphy which at the distance of a long sea mile proclaims our Louis Stevenson, what a different tale it is we hear. Instead of such public boastings, as of a night-returning boy who whistles loud to keep his courage up, we have only "Ö why left I my hame," with variations. "Do you know," we read, "that the dearest burn to me in the world is that which drums and pours in cunning wimples in that glen of yours behind Glencorse old kirk." "O that I were the lad I once was, sitting under old Torrance, that old shepherd of let-well-alone, and watching with awe the waving of the old black gloves over the Bible—the preacher's white finger-ends meanwhile aspiring through. Man, I would even be willing to sit under you, a sore declension truly, just to be there!"

Wherever he may be, under south English "roof of pine," or in Samoa on the back of the broad Pacific, Robert Louis Stevenson kindles like a flash to a memory of the country home of his boyhood. The eternal child in him rises to it like a trout at a fly.

"O man, to listen to ye, is like a cast-back into my youth! And to think that you can step to your front door and look out on Rullion Green and Swanston, Glencorse and Carnethy—and yet never think it worth your while!"

There is "a nameless trickle that springs in the green side of Allermuir, and is fed from Halkerside with a perennial teacupful"—a streamlet with a brief race and no history, save that by its side a dreamy, loose-jointed stripling used to come and sit, and most industriously make bad verses.


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36. Who was he? Can you tell me who he was?

. I think that he was said to be of Laius’ household.

. The king who ruled this country long ago?

. The Same—the man was herdsman in his service.

. Is he alive, that I might speak with him?

. You people of this country should know that.

. Is there anyone here present who knows the herd he speaks of? Anyone who has seen him in the town pastures. The hour has come when all must be made clear.

. I think he is the very herd you sent for but now, Jocasta can tell you better than I.

. Why ask about that man? Why think about him? Why waste a thought on what this man has said? What he has said is of no account.

. What, with a clue like that in my hands and fail to find out my birth?

. For God’s sake, if you set any value upon your life, give up this search—my misery is enough.

. Though I be proved the son of a slave, yes, even of three generations of slaves, you cannot be made base born.

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Rh. Yet, hear me, I implore you. Give up this search.

. I will not hear of anything but searching the whole thing out.

. I am only thinking of your good—I have advised you for the best.

. Your advice makes me impatient.

. May you never come to know who you are, unhappy man!

. Go, someone, bring the herdsman here—and let that woman glory in her noble blood.

. Alas, alas, miserable man! Miserable! That is all that I can call you now or forever.

. Why has the lady gone, Oedipus, in such a transport of despair? Out of this silence will burst a storm of sorrows.

. Let come what will. However lowly my origin I will discover it. That woman, with all a woman’s pride, grows red with shame at my base birth. I think my self the child of Good Luck, and that the years are my foster-brothers. Sometimes they have set me up, and sometimes thrown me down, but he that has Good Luck for mother can suffer no dishonour. That is my origin, nothing can change it, so why should I renounce this search into my birth?

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Index talk:Girls of Central High on the Stage.djvu

Chapter header issues
Two chapters in the book have used a slightly different title in the header than what is the actual chapter title:

 * CHAPTER IX - A SKATING PARTY: running header uses THE SKATING PARTY
 * CHAPTER XXI - MOTHER WIT PUTS TWO AND TWO TOGETHER: running header uses MOTHER PUTS TWO AND TWO TOGETHER

I have left as they are in the book, but happy to change these to what they "should be". David Nind (talk) 09:02, 1 January 2024 (UTC)

 * Not worth worrying about. The running headers are just for guidance in the Page: namespace and aren't used anywhere else. Beeswaxcandle (talk) 22:51, 5 February 2024 (UTC)


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38

Oedipus’ nurse, mountain of many a hidden glen,

Be honoured among men;

A famous man, deep thoughted, and his body strong;

Be honoured in dance and song.

Who met in the hidden glen? Who let his fancy run

Upon nymph of Helicon?

Lord Pan or Lord Apollo or the mountain Lord,

By the Bacchantes adored?

. If I, who have never met the man, may venture to say so, I think that the herdsman we await approaches; his venerable age matches with this stranger’s, and I recognise as servants of mine those who bring him. But you, if you have seen the man before, will know the man better than I.

. Yes, I know the man who is coming; he was indeed in Laius’ service, and is still the most trusted of the herdsmen.

. I ask you first, Corinthian stranger, is this the man you mean?

. He is the very man.

. Look at me, old man! Answer my questions. Were you once in Laius’ service?

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 1821-3 Hans Hcilingf Rocks.-A Bohemian Legend.

HANS HEIUNG'S HOCKS. A BOHEMIAN LEGEND. Translated from the German O/"KORNER.

625

THERE lived many ages ago, in a lit- tle village on the Eger, a rich farmer. The name of the village, tradition has not handed down to us, but it is gene- rally believed to have been situated on the left bank of the Eger, opposite the village of Alch, which is well known to all the invalids of Carlsbad. VEIT, such was the name of the farmer, had a pretty and amiable daughter, the joy and pride of the surrounding country. ELSBETH was really very handsome; and, besides that, so good and well edu- cated, that it would not have been then easy to find her equal.

Near Veit's house stood a little cot- tage, which belonged to the young AR- XOLD, whose father had lately died. He had learned the trade of a mason, and was just returned home for the first time after a long absence, at the period of his father's death. Like an affectionate son, he dropped tears of unfeigned grief upon the old man's grave, for he had received as his patri- mony nothing but a miserable cottage. Arnold, however, enjoyed, in the still- ness of his own bosom, a most valuable inheritance truth and probity, and a lively sense of every thing good and beautiful. The elder Arnold was al- ready in a declining state of health, when his son arrived at the village, and his physical strength was not sufficient for the joy of again beholding him. The young man sedulously attended him, and in fact never stirred from his side, so that, previously to his father's decease, he saw none of his early friends and companions, except those who vi- sited him as he sat by the bed of sick- ness.

Of all the other villagers there was none that took so lively an interest in Veit's daughter Elsbeth, as Arnold ; for they had grown up together, and he still entertained a pleasurable re- membrance of the kind-hearted little maid, who had been so fond of him, and wept so bitterly when he was ob- liged to set out for the dwelling of his master, who resided at Prague. He was now a fine slender youth, and he had often said within himself, that Elsbeth must also be now full grown, and exceedingly handsome.

The third evening after his father's death, Arnold was musing in sorrow,

upon the new-made grave, when he heard a light step entering the church- yard behind him. He looked up, and saw a lovely girl gliding among the grave-hillocks with a basket of flowers upon her arm. An elder-bush conceal- ed him from the eyes of Elsbeth, for it was she who was coming to adorn with garlands the resting-place of her vene- rable neighbour.

She bent in tears over the turf, and spoke in a low tone as she folded her hands together : " Rest in peace, vir- tuous man ! may the earth be less bur- thengorae to thee than thy life ! though no flowers were strewed along thy path, yet shall thy grave at least be bedecked with them !" Here Ar- nold sprang forward through the bushes > " Elsbeth !" cried he, as he pressed the terrified maiden in his arms, " Els- beth, do you know me ?" " Ah ! Ar- nold ! is it you ?" stammered she, blushing ; " it is very, very long since we have seen one another." " And you are so handsome, so mild, so ami- able and you loved my father, and still cherish such an affectionate re- membrance of him. Dear, delightful girl !" " Yes, worthy Arnold, I loved him with all my heart," said she, gently disengaging herself from his em- brace ; " we have often conversed to- gether about you the only joy he knew was the possession of such a son." " Was I really a source of joy to him ?" interrupted Arnold, hastily ; " then do I thank thee, God, for ha- ving preserved me in probity and vir- tue ! But, Elsbeth, only think how every thing is altered. Formerly we were little, and, as my father sat be- fore the door, we played about his knees you were so fond of me and we could not live asunder and now the good old man slumbers beneath us we are grown up ; and, though I have not had it in my power to be with you, yet have I often thought of you." " And I also of you," whis- pered Elsbeth, softly, as she tenderly gazed upon him with her large friend- ly eyes.

Then Arnold exclaimed with ani- mation : " Elsbeth, we already loved in childhood ! I was obliged to quit you but here, on the grave of my fa- ther, where I once more behold you, 1


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Rh. I was: not a bought slave, but reared up in the house.

. What was your work—your manner of life?

. For the best part of my life I have tended flocks.

. Where, mainly?

. Cythaeron or its neighbourhood.

. Do you remember meeting with this man there?

. What man do you mean?

. This man. Did you ever meet him?

. I cannot recall him to mind.

. No wonder in that, master; but I will bring back his memory. He and I lived side by side upon Cythaeron. I had but one flock and he had two. Three full half-years we lived there, from spring to autumn, and every winter I drove my flock to my own fold, while he drove his to the fold of Laius. Is that right? Was it not so?

. True enough; though it was long ago.

. Come, tell me now—do you remember giving me a boy to rear as my own foster-son?

. What are you saying? Why do you ask me that?

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40. Look at that man, my friend, he is the child you gave me.

. A plague upon you! Cannot you hold your tongue?

. Do not blame him, old man; your own words are more blameable.

. And how have I offended, master?

. In not telling of that boy he asks of.

. He speaks from ignorance, and does not know what he is saying.

. If you will not speak with a good grace you shall be made to speak.

. Do not hurt me for the love of God, I am an old man.

. Someone there, tie his hands behind his back.

. Alas! Wherefore? What more would you learn?

. Did you give this man the child he speaks of?

. I did: would I had died that day!

. Well, you may come to that unless you speak the truth.

. Much more am I lost if I speak it.

. What! Would the fellow make more delay?

. No, no. I said before that I gave it to him.

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6 THE HUNTERIAN ORATION. my immediate predecessor, curiosity has been abundantly satisfied; it can now be permitted only to reflect on the influence which his labours have had in advancing surgery to its present elevated position. If the present period be rightly entitled an epoch in medicine, it must be interesting to consider the circumstances which preceded it: as the most useful part of history is the knowledge of what passed before, and after every great event, so do the labours of John Hunter in the cause of medical science, from their remarkable extent and influence, continue to be, even on the twenty-fourth anniversary, the fit subject of our attention. It was a becoming spirit which suggested this commemoration, for as our brethren the physicians pay a just tribute of respect to the memory of Harvey, whose discovery of the circulation is the greatest single advance ever made in physiology, we in like manner dignify the memory of Hunter, whose discoveries and philosophic views of the actions of living bodies in health and disease, have accomplished more than the efforts of any other single mind for the advance of medicine and surgery.

An interest in the object of our meeting is acknowledged beyond the sphere of our profession ; it brings. to our theatre the honoured in other sciences, the dignitaries in Church and State; it places the College at the bar of a public tribunal where evidence is to be offered of the right appropriation of the scientific trea- �

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THE HUNTERIAN ORATION. 7 sures within our museum, entrusted to us by Parliamentary enactment; where, moreover, we have the opportunity of shewing that the advance of surgery is commensurate with the intellectual activity characteristic of our age. In the enlargement of our build- ing, now comprising a museum adequate to the effective display of its contents, a library more complete in the literature of medicine and its collateral sciences than any other in Britain, also in the publication now actively advancing, of the explanatory and illustrated catalogues of the contents of the museum, with, besides, an extended series of Lectures annually delivered on comparative Anatomy and Physiology ; in all these arrangements we have earnestly endeavoured to meet the just expectations of the profession, and thus to respond to the enquiry, whether we are rightly fulfilling the trust consigned to us for the advance of medicine and surgery, and thereby for the benefit of the community.

History, in respect to medicine, has fulfilled its purposes—it satisfies the curiosity which men naturally feel with reference to the occupation of their lives, to know the events of past time, and who were the principal persons engaged in them; it gratifies the pleasure which men experience in comparing the operations of their own minds with the reflections of men who were, in distant ages, engaged in the same subjects of research as themselyes. Nor are the records of medi- �

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THE HUNTERIAN ORATION. 9g been able to explain, And it is worthy of remark, that in the first efforts of an intellectual people to establish a system of surgery, they at once achieved its boldest results; for the ancient Hindoos performed lithotomy, and extracted the foetus from the uterus; and in their works are described one hundred and twenty-seven surgical instruments, but with so correct an estimate of their capabilities, that they declare “ the first, best, and most important of all implements is the hand.” In all that concerns the spirit with which the study of medicine should be conducted, and the moral attributes of those who practise it, the Hindoo records display a refinement of feeling and judgment not to be surpassed by the most highly finished portrait of the medical character of the present day. ‘ Having com* pleted,” states the Hindoo, “ the indispensable course of study, practice is then to be acquired; that he, who is acquainted with the science of medicine only from studying the books which treat of it, and is not well grounded in the practice of it also, is bewildered when called upon to attend the sick; that he, who engages in practice, presumptuously disregarding written science, is held in no estimation ; that both these descriptions of persons are incompetent, possessed of only one branch of the necessary qualifications, like birds with but one wing.” The good physician, they state, to be “a person of strict veracity, of the greatest sobriety and decorum, a man of sense and benevolence, his heart �

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