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 hostile, as in Magnus Barefoot's Saga, 'the barons raised aloft a white peace-shield' [Saga Magnús berfœtts, in Codex Frisianus, ed. Ungar, Chr'a., 1869, p. 267]. The red shield, on the other hand, was the war-shield, a signal of enmity, Sinfiotli declares in the Helgi song, 'Quoth Sinfiotli, hoisting a red shield to the yard,..."tell it this evening,...that the Wolfings are come from the East, lusting for war."' [Cf. Helga kviþa Hundingsbana, in Eddalieder, ed. Finnur Jónsson, Halle o. S. 1890, Pt. II, verses 34–5, pp. 4 and 5.] The use of a white flag-of-truce for a purpose similar to that for which Snorri recommended the white shield, is described in the passage quoted in note 52, 'Nouember the sixt two Canoas appeared, and one man alone coming towards vs with a Flag in his hand of a Wolfes skin, shaking it and making a loud noise, which we tooke to be for a parley, whereupon a white Flag was put out, and the Barke and Shallop rowed towards them.' [Purchas his Pilgrimes, l. c. vol. iv. p. 1880.]

(54) The natives of the country here described were called by the discoverers, as we read, Skrælingjar; since this was the name applied by the Greenland colonists to the Eskimo, it has generally been concluded that the Skrælingjar of Wineland were Eskimo. Prof. Storm has recently pointed out that there may be sufficient reason for caution in hastily accepting this conclusion, and he would identify the inhabitants of Wineland with the Indians [Beothuk or Micmac], adducing arguments philological and ethnographical to support his theory. The description of the savages of Newfoundland, given in the passage in Purchas' 'Pilgrims,' already cited, offers certain details, which coincide with the description of the Skrellings, contained in the saga. These savages are said by the English explorers to be 'full-eyed, of a black colour; the colour of their hair was diuers, some blacke, some browne, and some yellow, and their faces something flat and broad.' Other details, which are given on the same authority, have not been noted by the Icelandic explorers, and one statement, at least, 'they haue no beards ,' is directly at variance with the saga statement concerning the Skrellings seen by the Icelanders on their homeward journey. The similarity of description may be a mere accidental coincidence, and it by no means follows that the English writer and Karlsefni's people saw the same people, or even a kindred tribe.

(55) John Guy, in a letter to Master Slany, the Treasurer and 'Counsell' of the New-found-land Plantation, writes: 'the doubt that haue bin made of the extremity of the winter season in these parts of New-found-land are found by our experience causelesse; and that not onely men may safely inhabit here without any neede of stoue, but Nauigation may be made to and fro from England to these parts at any time of the yeare....Our Goates haue liued here all this winter; and there is one lustie kidde, which was yeaned in the dead of winter.' [Purchas his Pilgrimes, vol. iv. p. 1878.] 'Captaine Winne' writes, on the seventeenth of August, 1622, concerning the climate of Newfoundland: 'the Winter [is] short & tolerable, continuing onely in Ianuary, February and part of March: the day in Winter longer then in England:...Neither was it so cold here the last Winter as in England the yeere before. I remember but three seuerall dayes of hard weather indeed, and they not extreame neither: for I haue knowne greater Frosts, and farre greater Snowes in our owne Countrey.' [Purchas his Pilgrimes, vol. iv. p. 1890.]


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 (56) Einfœtingr, i.e. a One-footer, a man with one leg or foot. In the Flatey Book Thorvald's death is less romantically described. The mediæval belief in a country in which there lived a race of one-legged men, was not unknown in Iceland, for mention is made in Rímbegla, of 'a people of Africa called One-footers, the soles of whose feet are so large, that they shade themselves with these against the heat of the sun when they sleep.' [Rímbegla, l. c. p. 344.] This fable seems to have been derived, originally, from Ctesias: ['Item hominum genus, qui Monosceli [Monocoli] vocarentur, singulis cruribus, miræ pernicitatis ad saltum: eosdemque Sciapodas vocari, quod in maiori aestu humi iacentes resupini, umbra se pedum protegant: non longe eos a Troglodytis abesse,' [Ctesiæ Cnidii quæ supersunt, ed. Lion, Göttingen, 1823, p. 264], and was very widely diffused [cf. C. Plinius Secundus, Naturalis Historia, lib. vii, ch. 2; Aulus Gellius, Noctes Atticæ, lib. ix, iv, 9; C. Jul. Solinus, Polyhistor, ch. lxv, &c.] It is apparent from the passages from certain Icelandic works already cite [pp. 15, 16, ante], that, at the time these works were written, Wineland was supposed to be in some way connected with Africa. Whether this notice of the finding of a Uniped in the Wineland region may have contributed to the adoption of such a theory, it is, of course, impossible to determine. The reports which the explorers brought back of their having seen a strange man, who, for some reason not now apparent, they believed to have but one leg, may, because Wineland was held to be contiguous to Africa, have given rise to the conclusion that this strange man was indeed a Uniped, and that the explorers had hit upon the African 'land of the Unipeds.' It has also been suggested that the incident of the appearance of the 'One-footer' may have found its way into the saga to lend an additional adornment to the manner of Thorvald's taking-off. It is a singular face that Jacques Cartier brought back from his Canadian explorations reports not only of a land peopled by a race of one-legged folk, but also of a region in those parts where the people were 'as white as those of France;' 'Car il (Taignoagny) nous a certiffié auoir esté à la terre de Saguenay, en laq̃lle y a infini or, rubis & aultres richesses. Et y sont les hom̃es blancs comme en France & accoutrez de dras de laynes...Plus dict auoir esté en autre pais de Picquemyans & autres pais, ou les gens n'ont que vne iambe.' [Voyage de I. Cartier, ed. d'Avezac, Paris, 1863, p. 40 b.]

(57) These words, it has been supposed, might afford a clue to the language of the Skrellings, which would aid in determining their race. In view not only of the fact, that they probably passed through many strange mouths before they were committed to writing, but also that the names are not the same in the different manuscripts, they appear to afford very equivocal testimony. Prof. Storm with reference to these names, which he cites thus, Avalldamon, Avaldidida, Vætilldi and Uvæge, says, that, while the information they afford is very defective: 'So much seems to be clear, that in their recorded form, they [these words] cannot be Eskimo, for d is entirely wanting in Eskimo, and even g is rare except as a nasal sound [''he refers: Fr. v. Müller, Grundriss der Sprachwissenschaft, ii. 164'']; Avalldamon especially cannot be Eskimo, for Eskimo words must either end with a vowel, or one of the mute consonants, b, k, [q], t, p....Especially is the soft melody of these Skrelling-words altogether different from the harsh guttural sounds of the Eskimo language. We must therefore refer for the derivation of these words to the Indians, whom we know in this region

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10 As the shares in Russian railways were sold in Ireland, as Russian bonds were sold in America, so the shares in American mines, railroads and factories are bought and sold on all the stock exchanges of Europe and Asia by men who never saw America in their lifetime.

Now, let us examine the situation, keeping in mind the fact that this is but a type of what prevails all round; you can satisfy yourself on that head by a daily glance at our capitalist papers.

The shares of Russian railways, African mines, Nicaraguan canals, Chilian gas works, Norwegian timber, Mexican water works, Canadian fur trappings, Australian kanaka slave trade, Indian tea plantations, Japanese linen factories, Chinese cotton mills, European national and municipal debts, United States bonanza farms are bought and sold every day by investors, many of whom never saw one of the countries in which their money is invested, but who have, by virtue of so investing, a legal right to a share of the plunder extracted under the capitalist system from the wage workers whose bone and sinew earn the dividends upon the bonds they have purchased.

When our investing classes purchase a share in any capitalist concern, in any country whatsoever, they do so, not in order to build up a useful industry, but because the act of purchase endows them with a prospective share of the spoils it is proposed to wring from labor.

Therefore, every member of the investing classes is interested to the extent of his investments, present or prospective, in the subjection of Labor all over the world.

That is the internationality of Capital and Capitalism.


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 in later times. The inhabitants, whom the discoverers of the sixteenth century found in Newfoundland, and who called themselves "Beothuk" [i.e. men], received from the Europeans the name of Red Indians, because they smeared themselves with ochre; they have now been exterminated, partly by the Europeans, partly by the Micmac Indians, who in the last century wandered into Newfoundland from New Brunswick. Of their language only a few remnants have been preserved, but still enough to enable us to form a tolerably good idea of it. This language lacks f, but possesses b, d, g, l, m, n, v as well as the vowels a, e, i, o, u, so that its sounds conform entirely to the requirements of the four Skrelling-words. Unfortunately no glossary for the words father, mother, king, has been preserved, so that a direct comparison is impossible; however, the female name Shanandithit and the word adadimit [spoon] bear a remarkable resemblance to the ending -didida in Avilldidida, and the words buggishaman or bukashaman [man, boy] and anyemen [bow] may also be compared to the termination -amon in Avalldamon [Ref. Gatchet, two discourses before the Amer. Philos. Society, 19 June, 1885, and 7 May, 1886]. This is, of course, only suggested conjecturally; since the Beothuk seem now to have died out, we shall probably, never succeed in obtaining more accurate results. I must, however, not omit to mention, that the Micmac language [in Nova Scotia and New Brunswick] also has such sounds, as to render it possible that these words might have been derived from them; but the glossaries, which I have examined, and which are much more complete than that of the Beothuk tongue, afford no especial resemblance to the Skrelling-words under consideration.' [Storm, Studier over Vinlandsreiserne, l. c. pp. 349–51.]

Captain Gustav Holm, of the Danish Navy, whose explorations both upon the east and west coast of Greenland, and whose prolonged residence in that country entitle him to speak with authority, has, at my request, acquainted me with his conclusions respecting the possible resemblance between the Skrelling-words and the Eskimo language, and also with reference to the points of resemblance between the Skrellings of the saga and the present inhabitants of Greenland. These conclusions are as follows:

'1. Although the four names, Vætilldi, Uvœgi, Avalldamon and Valdidida have nothing in common with Eskimo words, it cannot be gainsaid that they may be of Eskimo origin, since


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'2. The description of the Skrellings would apply to the Eskimo, with the exception that their eyes cannot be called large, but neither can this be said of the eyes of the North American Indians.

'Even as there are on the north-western coast of North America races which seem to me to occupy a place between the Indian and the Eskimo, so it appears to me not sufficiently proven, that the now extinct race on America's east coast, the Beothuk, were Indians. Their mode of life and belief have many points of resemblance, by no means unimportant, with the Eskimo and especially with the Angmagsalik. It is not necessary to particularize these here, but I wish to direct attention to the possibility, that in the Beothuk we may perhaps have one of the transition links between the Indian and the Eskimo.'

It will be seen that Captain Holm, while he differs from Professor Storm in many of his views, still arrives at much the same conclusion.

(58) The sum of information which we possess concerning White-men's-land or Ireland the Great, is comprised in this passage and in the quotation from Landnáma (ante, p. II). It does not seem possible from these very vague notices to arrive at any sound conclusions concerning the location of this country. Rafn [Grönlands historiske Mindesmærker, vol. iii. p. 886] concludes that it must have been the southern portion of the eastern coast of North America. Vigfusson and Powell [Icelandic Reader, p. 384] suggest that the inhabitants of this White-men's-land were 'Red Indians;' with these, they say, 'the Norsemen never came into actual contact, or we should have a far more vivid description than this, and their land would bear a more appropriate title.' Storm in his 'Studier over Vinlandsreiserne' (l. c. p. 355–363) would regard 'Greater Ireland' as a semi-fabulous land, tracing its quasi-historical origin to the Irish visitation of Iceland prior to the Norse settlement. No one of these theories is entirely satisfactory, and the single fact which seems to be reasonably well established is that 'Greater Ireland' was to the Icelandic scribes terra incognita.

(59) Staðr í Reynines, the modern Reynistaðr, is situated in Northern Iceland, a short distance to the southward of Skaga-firth. Glaumbœr, as it is still called, is somewhat farther south, but hard by.

(60) Thorlak Runolfsson was the third bishop of Skálholt. He was consecrated bishop in the year 1118, and died 1133 [Jón Sigurðsson, 'Biskupa tal á Íslandi,' in Safn til Sögu Íslands, vol. i. p. 30]. Biorn Gilsson was the third bishop of Hólar, the episcopal seat of northern Ireland; he became bishop in 1147, and died in the year 1162. Bishop Biorn's successor was Brand Sæmundsson, 'Bishop Brand the Elder,' who died in the year 1201 [Jón Sigurðsson, Biskupa tal á Íslandi, ubi sup. p. 4]. As AM. 557, 4to, refers to this


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 Bishop Brand as 'Bishop Brand the Elder,' it is apparent that it, as well as Hauk's Book, must have been written after the second Bishop Brand's accession to his sacred office. Bishop Brand Jonsson, the second Bishop Brand, became Bishop of Hólar in the year 1263, and died in the following year [Biskupa tal, ubi sup p. 4].

(61) We read concerning the introduction of Christianity into Iceland: 'Thorvald [Kodransson] travelled widely through the southern countries; in the Saxon-land [Germany] in the south, he met with a bishop named Frederick, and was by him converted to the true faith and baptised, and remained with him for a season. Thorvald bade the bishop accompany him to Iceland, to baptise his father and mother, and others of his kinsmen, who would abide by his advice; and the bishop consented.' ['Kristni Saga' in Biskupa Sögur, ed. Vigfusson, Copenh. 1858, vol. i. p. 3.] According to Icelandic annals, Bishop Frederick arrived in Iceland, on this missionary emprise, in the year 981; from the same authority we learn that he departed from Iceland in 985.

(62) Heriulf or Heriolf, who accompanied Eric the Red to Greenland, was not, of course, the same man to whom Ingolf allotted land between Vág and Reykianess, for Ingolf set about the colonization of Iceland in 874, more than a century before Eric the Red's voyage to Greenland. The statement of Flatey Book is, therefore, somewhat misleading, and seems to indicate either carelessness or a possible confusion on the part of the scribe. Heriulf, Eric the Red's companion, was a grandson of the 'settler' Heriulf, as is clearly set forth in two passages in Landnáma. In the first of these passages the Greenland colonist is called 'Heriulf the Younger' [Landnáma, pt. ii, ch. xiv]; the second passage is as follows: 'Heriolf, who has previously been mentioned, was Ingolf's kinsman and foster-brother, for which reason Ingolf gave him land between Vog and Reykianess; his son was Bard, father of that Heriolf, who went to Greenland and came into the "Sea-rollers." [Landnáma, pt. iv, ch. xiv.] As has already been stated, there is no mention in Landnáma or other Icelandic saga, save that of the Flatey Book, of Heriulf's son, Biarni. Reykianess, the southern boundary of Heriulf's 'claim,' is at the south-western extremity of Iceland; Vág was, probably, situated a short distance to the north of this cape, on the western coast of the same peninsula.

(63) In the 'King's Mirror' [Konungs Skuggsjá], an interesting Norwegian work of the thirteenth century, wherein, in the form of a dialogue, a father is supposed to be imparting information to his son concerning the physical geography of Greenland, he says: 'Now there is another marvel in the Greenland Sea, concerning the nature of which I am not so thoroughly informed, this is that, which people call "Sea-rollers" [hafgerðingar]. This is likest all the sea-storm and all the billows, which are in that sea, gathered together in three places, from which three billows form; these three hedge in the whole sea, so that no break is to be seen, and they are higher than tall fells, are like steep peaks, and few instances are known of persons who, being upon the sea when this phenomenon befell, have escaped therefrom.' [Speculum regale, ed. Brenner, Munich, 1881, p. 47.] A Danish scholar, in a treatise upon this subject, concludes that the hafgerðingar were earth-quake waves, and that those here celebrated were such tidal-waves caused by an unusually severe earth-quake in the year 986. [Cf. Steenstrup, Hvad er Kongespeilets 'Havgjerdinger?' Copenh. 1871, esp. p. 49]. However this may be, there can be little question that Heriulf experienced a perilous


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 voyage, since out of the large number of ships, which set sail for Greenland at the same time, so few succeeded in reaching their destination.

(64) This has been assumed by many writers to have been Labrador, but the description does not accord with the appearance which that country now presents.

(65) Certainly a marvellous coincidence, but it is quite in character with the no less surprising accuracy with which the explorers, of this history, succeed in finding 'Leif's-booths' in a country which was as strange to them as Greenland to Biarni.

(66) This statement has attracted more attention, perhaps, than any other passage in the account of the Icelandic discovery of America, since it seems to afford data which, if they can be satisfactorily interpreted, enable us to determine approximately the site of the discovery. The observation must have been made within the limits of a region wherein, early in the eleventh century, the sun was visible upon the shortest day of the year between dagmálasla3r and cyktarstadr; it is, therefore, apparent that if we can arrive at the exact meaning of either dagtnálastadr or eyktarstadr, or the length of time intervening between these, it should not be difficult to obtain positive information concerning the location of the region in which the observation was made. We are informed by a treatise, inserted in the printed text of Rimbegla, written by Bishop John Arnason, that the method adopted by the ancient Icelanders for the determination of the various periods of the day, was to select certain so-called ' eyktmarks' [eyktamörk] about every dwelling, as, peaks, knolls, valleys, gorges, cairns, or the like, and to note the position of, and course of the sun by day, or the moon and stars by night, with relation to these ' eykt-marks .' The circle of the horizon having been thus artificially divided, in the absence of clocks or watches, certain names were assigned to the position which the sun occupied at, as we should say, certain 'hours' of the day; 'dagmálastaðr,' lit. 'daymeal-stead,' indicates the position of the sun at the ' day-meal,' which was the principal morning meal. We have, unfortunately, no accurate data which might enable us to determine the position of the sun at 'dagmálastaðr; ' such information we have, however, concerning 'eykt,' for it is stated, in an ancient Icelandic law-code, that ' if the south-west octant be divided into thirds, it is "eykt" when the sun has traversed two divisions and one is left untraversed ' ['þá er eykð er útsuðrsætt erdeild í þriðjunga, ok hefirsól gengna tváhluti, en einn ogenginn;' Kristinnréttr Þorláks ok Ketils, Copenh. 1775, p. 92. Cf. also Grágás, ed. Finsen, Copenh. 1852, Pt. I, p. 26]. There seems to be little room for question that the ' eykt ' of ' Kristinnréttr ' and the eyktarstadr of the Flatey Book are the same, and the statement of ' Kristinnrettr ' accordingly affords a clear and concise definition of the position of that point upon the horizon at which the sun set on the shortest day of the year in Wineland, and which the explorers called ' eyktarstaðr.' Nevertheless the rational and simple scientific application of this knowledge has been, until very recently, completely ignored, in the effort to reach, through this definition, the solution of the problem involving the exact clock-time of dagmdlastaSr and eyktarstadr and thus the hour at which the sun rose and set on the shortest Wineland day.

The widely divergent views of the leading writers upon this subject have been concisely summarized by Professor Gustav Storm, in a very able treatise wherein he points out the real value of the information, to be derived from the passage in ' Kristinnrettr.'


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 182 THE FIXDIXG OF WINELAXD THE GOOD.

With the addition of a few minor details as to authorities, cited by Professor Storm, which additions are here itahcized, his summary is as follows:

' The first WTÍter in modern times to seek to determine Wineland's geographical situation was Arngrim Jonsson in " Gronlandia; " he, as well as all subsequent investigators, has employed to this end the passage in the Grœnlendinga-þáttr of the Flatey Book, in which mention is made of the duration of the shortest day in Wineland the passage under consideraiion']; but as to the significance of this passage many different opinions have been advanced, and, as far as I can see, there seem to be strong objections to them all. Arngrim Jonsson translated " sol in ipso solstitio hyberno, circiter 6 plus minus supra horizontem commorat; " he writes by way of caution " plus minus " [about], since he adds " sciotericiis enim destituebantur " [Gronlandia, ch. ix, p. jj of the Latin MS., gl. kg/. Sam/. [Royal Library of Copenli.] No. 2S-j6, 4to, but at p. J}, of the Icelandic printed text, heretofore cited, fromwhichlatter, however, all qualification is omitted, and the statement reads simply, " the sun could be seen fully six hours on the shortest day," " sva par matte sol sia urn skanidcigid sialft vel sex stundcr"]. This explanation was, doubtless, only known to the few Danish scholars of the seventeenth centur}', who had access to Arngrim's " Gronlandia; " it first became more widely disseminated in the Icelandic translation, which was published at Skálholt in 1688. Arngrim's explanation was also accepted bj' Torfæus in his " Vinlandia " [1705]: " Brumales dies ibi qvam vel in Islandia, vel Gronlandia longiores, ad horam nonam circa solstitia sol oriebatur, tertiam occidit " [Vinlandia, 1. c. pp. 6 and 7], although Torfæus remarks that this observation must, on account of the fruitfulness of the country, be regarded as inaccurate, since it points to a latitude of 58' 26'. While his work was in the press Torfæus became acquainted with Peringskiöld's—or more correctly the Icelander, Gudmund Olafsson's—translation in the printed edition of Heimskringla, which he properly enough rejected, but which caused him to undertake a renewed consideration of the subject. With the passage from Grágás [i. e. the passage defining " eyki"} as a basis, he now arrived at the following interpretation of this: " spatium qvod sol á meridie in occidentem percurrit, sex horas reqvirit, ex qvibus singuli trientes duas constituunt, bes desinit in horam qvartam pomeridianam." [Vinlandia, Addenda, pp. 6 and 7]. Now if " eykt " be four o'clock, p.m.— and the shortest day accordingly eight hours—Wineland's latitude becomes 49°, i. e. Newfoundland, or the corresponding Canadian coast. This new interpretation became, by reason of the attention which Torfæus' writings attracted in the learned world, most widely disseminated in the last century; thus we find it accepted by the German investigator, J. R. Forster, who concludes that Wineland was either Gander Bay or the Bay of Exploits, in Newfoundland, or on the coast of the northern side of the Gulf of St. Lawrence [ 49"] [Joh. Reinh. Forster, Geschichte der Entdeckungen und Schiff"fahrten im Norden, Frankf. 1784, p. 112]; the same interpretation is also accepted by Make Brun, Precis de la Géographie universelle, Paris, 1812, I. 394. Meanwhile, early in this century, Icelandic scholars began to advance a new view, which has gradually forced its way into general recognition. This view was first suggested by Vice-lawman Pall Vidah'n in his unpublished Skyringar, subsequently adopted by Bishop Finnr Jonsson [1772] in his Hist.


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 Eccl. Isl. 153 et seq. [i.e. isj-s6 note], it was next approved by Schöning in a note to Heimskringla [Heiinskriiigla, Copenli. /777, vol. i. p. joc)], and in his history of Norway _Norgcs Rigcs Historic, Copaih. lySi, vol. Hi. 4ig], and in this century was more elaborately developed by Rafn and Finn Magnusen. The new point of departure in this theory is Snorri's expression in Edda concerning the seasons of the year, " Frá jafndœgri er haust til þess er sol sezt Í eykðar stað" ["Autumn lasts from the equinox tmtil the sun sets in ' eyktarstaSr,' " Edda Snorra Sturlusonar, Copenh. 1848, vol. i. p. 510]; since it was assumed that the beginning of winter, according to Snorri, coincided, as a matter of course, with the beginning of winter according to the Icelandic calendar [the week from the nth to the 17th of October], it was found that the sun set at Reykholt [Snorri's home] on the 17th of October at four o'clock; to conform with this, " Eyktarstaðr " was interpreted to mean the end of " Eykt," and " Eykt " became the period of tvme from 3.30 to 4.30. Now if the sun was above the horizon in Wineland on the shortest day from Dagmál to Eyktarstaðr, a day nine hours in length was obtained, which Prof. Thomas Bugge computed gave a latitude of 4o'"22', or, according to Rafn and Finn Magnusen, more exactly, 4i'^24'io". Rafn believed that it followed of a certainty that Wineland was identical with the southern coast of Rhode Island- and Connecticut, directly to the westward of Cape Cod. But very serious objections to this theory suggest themselves. When Leif Ericsson—according to the Flatey Book—approached Wineland, he saw at first an island to the northward of the land; he then sailed to the westward into a sound between the island and the land's most northerly cape, and still farther west, they arrived at a river and lake, where they established themselves; the composer of the saga accordingly had in mind a country facing toward the north, and upon whose northern shore Leif and his people established themselves in " Leifsbúðir." Nevertheless Rafn renders this thus [Annaler for Nord. Oldkyndigh. Copenh. 1840-41, pp. 6 and 16]: "They came to an island, which lay to the east off the land, and sailed into a sound between this island and a cape, which projected toward the east [and north] from the land." ' [Gustav Storm, Om Betydningen af ' Eyktarstaðr' i Flatpbogens Beretning om Vinlandsreiserne, foredraget i Christiania Videnskabsselskab 2den Nov. 1883, pp. 1-4. The article has since been published in Arkiv for Nordisk Filologi, November, 1885.]

Professor Storm, in this same treatise, points out the inaccuracy of Rafn's astronomical calculation, which corrected, would change the latitude to 42° 21', the vicinity of Boston, which region does not, however, correspond to the descriptions of the saga. He further shows the error in the interpretation of the passage in Snorri's Edda, upon which this theory is based. The cause of the confusion in these different theories is satisfactorily explained by the following paragraph in Professor Storm's article, the contribution of the astronomer, Mr. Geelmuyden, to whom Professor Storm had submitted the astronomical data for solution:

' For the correct understanding of the passages in the old sagas, wherein these daymarks [i. e. the eyktamörk of Rimbcgla] are mentioned, it is of the utmost importance to bear in mind that they were in practical use; nor should it be forgotten that the sun's position above a certain day-mark only gives a certain horizontal projection, and especially it will not do to transfer the stroke of the clock corresponding to a certain day-mark— whether that corresponding to a certain season of the year be taken, or the mean for the entire year— to the similar day-mark at other places on the earth.

'When, therefore, the Greenlanders found, according to the statement in the Flatey


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 Book, that the sun upon the shortest day " had Dagmálastaðr and Eyktarstaðr," this does not mean that the sun was visible until a certain hour, for they lacked the means of determining the hour, according to our understanding of the word, but it does mean that the sun was visible in certain horizontal directions which they were experienced in determining.'

Applying the passage in Kristinnréttr to the determination of the position of the sun at sunset, on the shortest day of the year in Wineland, Mr. Geelmuyden concludes that:

' Since Útsuðrsætt is the octant, which has S. W. in its centre, therefore between 22-5° and 675^ Azimuth, Eyktarstaðr must be in the direction 22-5° + 1 of 45°=52-5° from the south toward the west. Solving the latitude in which the sun set in this direction on the shortest day [in the eleventh century] we find it to be 49°55'. Here, therefore, or farther to the south the observation must have been made.'

I am indebted to Capt. R. L. Phythian, U. S. N., Superintendent of the U. S. Naval Observatory, Washington, for the following detailed computation undertaken, at my request, from a brief statement of the problem:

'As the solution of the question j'ou propose depends, of course, upon the interpratation of the data furnished, it is necessary that I should give in detail the process by which the amplitude of the sun is derived from the statement contained in your letter.

' " Eyktarstad " is assumed to be the position of the sun in the horizon when setting. The south-west octant you define to be the octant having S.W. as its centre; its limits, therefore, are S. 221° W. and S. 67^° W.

' " It is eykt when, the south-west octant having been divided into thirds, the sun has traversed two of these and has one still to go." That is, it is eykt when the point of the horizon is 30° west of S. 22^ W., or S. 52^° W. From this the sun's amplitude when in this point of the horizon is W. 37° 30' S.

'The sun's declination on the shortest day of the }-ear 1015 was S. 23° 34' 30" [nearly].

'The simple formula for finding the sun's amplitude when in the true horizon is sufficiently accurate for the conditions of this case.

' It is sin A = sin d sec. L,

from which sec L = sin A cosec. d.

' Solving with the above data:

A =-37° 30' log. sin. -978445

d= -23° 34' 30" log, cosec. -0-39799

L= -f48 56 log. sec. 4-018244.

' If I have been in error in the process by which the amplitude has been arrived at, the substitution of its correct value in the above computation will give the proper latitude.'

This computation was undertaken independently of Mr. Geelmuyden's conclusions, and in reply to my query, evoked by the slight discrepancy in the two results, which was then first brought to his attention, Capt. Phythian writes, as follows:

'The formula by which I computed the latitude is the simplest form that can be employed for the purpose, but was, for reasons that will be mentioned later, deemed sufficiently accurate.


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 ' It assumes that the bearing of the sun was taken when its centre was actually on the horizon, and the latitude is found by the solution of a spherical right-angled triangle. Manifestly the learned Professor has taken into account the effect of refraction, and solved an oblique triangle. By this method, calling the refraction 33', we find the latitude to be 49° 5o'-2. The slight difference between this result and that of the Professor [less than 5'j is accounted for by the supposition that he did not assume the same refraction.

' The conditions of this case do not seem to give additional value to a rigorous solution. Since the explorers were on the eastern coast of the continent they must have observed the setting of the sun over land, and probably recorded its bearing before it reached the horizon. In such a case, the introduction of refraction and semi-diameter would lead to a result more in error than the simpler solution.

' The data furnished are not sufficiently definite to warrant a more positive assertion than that the explorers could not have been, when the record was made, farther north than Lat. [say] 49".'

The result, therefore, of the application of Professor Storm's simple and logical treatment to this passage in Flatey Book, ' the sun had there Eyktarstad,' &c., is summed up in Capt. Phythian's statement, ' the explorers could not have been, when the record was made, farther north than Lat. [saj'] 49°; ' that is to say, Wineland may have been somewhat farther to the south than northern Newfoundland or the corresponding Canadian coast, but, if we may rely upon the accuracy of this astronomical observation, it is clear that tims far south it must have been.

(67) Kornhjálmr af tré, a wooden granary. The word 'hjálmr' appears to have a double significance. In the passage in the Saga of King Olaf the Saint: 'Wilt thou sell us grain, farmer? I see that there are large "hjálmar" here' [Heimskringla, ed. Unger, p. 353], the word 'hjálmar' may have the meaning of stacks of grain. The use of the word as indicating a house for the storage of grain is, however, clearly indicated in the Jydske Lov of 1241, wherein we read: 'But if one build upon the land of another either a "hialm" or any other house,' &c. ['æn byggær man annænds iord antugh mæth hialm æth nokær andre hus,' &c. Danmarks gamle Provindslove, ed. Thorsen, Copenh. 1853, pp. 79–80]. As there is no suggestion in the saga of the finding of cultivated fields, it is not apparent for what uses a house for the storage of grain could have been intended.

(68) Vígflaki, lit. a war-hurdle. This was a protection against the missiles of the enemy raised above the sides of the vessel. In this instance, as perhaps generally on ship-board, this protecting screen would appear to have been formed of shields attached to the bulwarks, between these the arrow, which caused Thorvald's death, doubtless, found its way.

(69) The Landnámabók makes no mention of this Thori; its language would seem to preclude the probability of a marriage between such a man and Gudrid; the passage with reference to Gudrid being as follows: 'His son was Thorbiorn, father of Gudrid who married Thorstein, son of Eric the Red, and afterwards Thorfinn Karlsefni; from them are descended bishops Biorn, Thorlak and Brand.' Landnáma, pt. ii, ch. xvii.

(70) Námkyrtill [namkirtle] is thus explained by Dr. Valtýr Guðmundsson, in his unpublished treatise on ancient Icelandic dress: 'Different writers are not agreed upon the meaning of "námkyrtill;"' Sveinbjörn Egilsson [Lexicon poet.] interprets it as signifying a kirtle made of some kind of material called 'nám.' In this definition he


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 is followed by Keyser [Nordmændenes private Liv i Oldtiden], and Vigfusson [Dict.]. The Icelandic painter, Sigurðr Guðmundsson ['Um kvennabúninga á Íslandi að fornu og nýju,' in Ný fjelagsrit, vol. xvii], has, on the other hand, regarded the word as allied to the expression: 'at nema at beini' [i.e. fitting close to the leg, narrow], and concludes that 'námkyrtill' should be translated, 'narrow kirtle,' in which view Eiríkr Jónsson [Oldnordisk Ordbog] and K. Weinhold [Altnordisches Leben] coincide.

'I cannot agree with either of these interpretations. The mention in Flatey Book is so indefinite, that nothing can be determined from it. On the other hand, the meaning of this word becomes apparent from a passage in Laxdœla Saga, if this be compared with other references to female dress in ancient times, contained in the elder literature. This passage in Laxdœla Saga is as follow: "Gudrun wore a 'námkyrtill' and a close-fitting upper garment [vefjarupphlutr], with a large head-dress; she wore wrapped about her an apron with dark embroidery upon it and fringed at the end" ["Guðrún var í námkyrtli, ok við vefjarupphlutr þrǫngr, en sveigr mikill á hǫfði; hon hafði knýtt um sik blæju ok váru í mǫrk blá ok trǫf fyrir enda."] "Námkyrtill" evidently means here half-kirtle or petticoat, for with it an "upphlutr" [waist] of different stuff is worn, which in Snorra Edda [ii. 494] is called "helfni" [i.e. half-kirtle]. The origin of the word seems to me to have been as follows: In the ordinary woman's gown [kirtle] the upper part, or "upphlutr," was, obviously, much narrower [i.e. closer-fitting] than the lower part of the garment, and was, in consequence, worn out sooner than the lower part. With the better class of people the kirtle was usually made from some foreign stuff of bright colour, especially red. Now when the upper part [upphlutr] was worn out, the wearers, indisposed to abandon the lower part of the garment made from domestic stuff [homespun], the so-called wadmal [vefjarupphlutr]. The lower detached part of the garment or skirt then received the name of "nám" or "námkyrtill" [cf. landnám, órnám] because it had been taken [numið] from the entire kirtle. By the preservation of the serviceable lower part of the garment, with its foreign stuff of showy colour, the dress was rendered more ornamental than it would have been if both the lower and upper portion of the kirtle had been made from wadmal, which it was not easy to obtain, in Iceland, dyed in colours. Such I conclude to have been the origin of the word "nám" or "námkyrtill." The word subsequently continued in use, regardless of the fact whether the skirt or lower half-kirtle, to which it was applied, had been cut from an old kirtle or not .'

(71) A 'mǫrk' was equal to eight 'aurar' [cf. Laxdœla Saga, ch. 26, ed. Kålund, Copenh. 1889, p. 90]; an 'eyrir' [plur. 'aurar'] of silver was equal to 144 skillings [cf. Vídalín, Skýríngar yfir Fornyrði Lögbókar, Reykjavík, 1854, p. 351]. An 'eyrir' would, therefore, have been equal to three crown [kronor], modern Danish coinage, since sixteen skillings are equal to one-third of a crown [33⅓ øre], and a half 'mǫrk' of silver would accordingly have been equal to twelve crowns, Danish coinage. As the relative value of gold and silver at the time described is not clearly established, it is not possible to determine accurately the value of the half 'mǫrk' of gold. It was, doubtless, greater at that time, proportionately, than the value here assigned, while the purchasing power of both precious metals was very much greater then than now.


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 paper copy of the Saga of Olaf Tryggvason, being No. 57, fol., which contains the Þáttr Eireks Rauda' [pp. 1064-73, new pagination 5336-38], as well as the ' Grænlendingha þáttr' [pp. 1361-94, new pagination 682-986], This is a literal transcript of the narrative of the Flatey Book.

It seems safe to conclude that the texts of all these paper manuscripts are derived, directly or indirectly, from the vellum manuscripts which have been preserved, and of which facsimiles are here given. In the numerous transcripts of the texts of EsR and ÞsK there are no passages which indicate an origin other than the two vellum manuscripts, AM. 544 and 557, 4to, and the numerous variants from these originals have, in all likelihood, arisen either through the editorial care or clerical carelessness of the scribes of these transcripts.


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 (72) At the time of the ' settlement ' of Iceland the homestead of the more prominent 'settler' became the nucleus of a little community. The head of this little community, who was the acknowledged leader in matters spiritual and temporal, was called the 'goði.' With the introduction of Christianity the 'goði' or ' goðorðsmaðr ' lost his religious character though he still retained his place of importance in the Commonwealth.

(73) 'fat var ofarliga á dögum Ólafs hins helga, at Guðleifr hafði kaupferð vestr til Dýflinnar; en er hann sigldi vestan, ætlaði hann til Islands; hann sigldi fyrir vestan frland, ok fekk austanveðr ok landnyrðinga, ok rak þá langt vestr í haf ok í útsuðr, svá at þeir vissu ekki til landa; en þá var mjök áliðit sumar, ok hetu þeir mörgu, at þá bæri or hafinu, ok þá kom þar, at þeir urðu við land varir; þat var mikit land, en eigi vissu þeir hvert land þat var. Þat ráð tóku þeir Guðleifr, at þeir sigldu at landinu, þvíat þeim þótti illt at eiga lengr við hafsmegnit. Þeir féngu þar höfn góða; en er þeir höfðu þar litla stund við land verit, þá koma menn til fundar við þá; þeir kendu þar engan mann, en helzt þótti þeim, sem þeir mælti írsku; brátt kom til þeirra svá mikit fjölmenni, at þat skipti mörgum hundruðum. þeir tóku þá höndum alia ok bundu, ok ráku þá síðan á land upp. Þá vóru þeir færðir á mót eitt, ok dæmt um þá. Þat skildu þeir, at sumir vildu at þeir væri drepnir, en sumir vildu at þeim væri skipt á vistir ok væri þeir þjáðir. Ok er þetta var kært, sjá þeir hvar reið flokkr manna, ok var þar borit merki í flokkinum; þóttust þeir þá vita, at höfðingi nökkurr mundi vera í flokkinum; ok er flokk þenna bar þangat at, sá þeir, at undir merkinu reið mikill maðr ok garpligr, ok var þó mjök á.efra aldr ok hvítr fyrir hærum. Allir menn er þar vóru fyrir, hnigu þeim manni, ok fögnuðu sem herra'sínum; fundu þeir þá brátt, at þangat var skotið öllum ráðum ok atkvæðum, sem hann var. Síðan sendi þessi maðr eptir þeim Guðleifi; ok er þeir kómu fyrir þenna mann, þá mælti hann til þeirra á norrænu, ok spyrr, hvaðan af löndum þeir vóru. Þeir'sögðu, at þeir væri flestir íslenzkir. Þessi maðr spurði hverir þeir væri þessir íslenzku menn; gékk Guðleifr þá fyrir þenna mann ok kvaddi hann virðuliga, en hann'tók því vel, ok spyrr hvaðan af Islandi þeir væri, en Guðleifr segir at hann væri ór Borgarfirði-; þá spurði hann hvaðan ór Borgarfirði hann var; en Gunnlaugr segir[þat]. Eptir þat spurði hann vandliga eptir'sérhverjum hinna stærri manna í Borgarfirði ok Breiðafirði. Ok er þeir töluðu þetta, spyrr hann eptir Snorra goða ok Þuríði frá Fróðá, systur hans, ok hann spurði vandliga eptir öllum hlutum frá Fróðá ok mest at sveininum Kjartani, er þá var bóndi at Fróðá. Landsmenn kölluðu í öðrum stað, at nökkurt ráð skyldi gjöra fyrir skipshöfninni. Eptir þat gékk þessi mikli maðr brott frá þeim, ok nefndi með sér xij menn af'sínum mönnum, ok'sátu þeir langa hrlð á tali. Eptir þat géngu þeir til mannfundarins. Þá mælti inn mikli maðr til þeirra Guðleifs: " Vér landsmenn höfum talat nökkut [mál] yðar, ok hafa landsmenn nú gefit yðvart mál á mitt vald, en ek vil nú gefa yðr fararleyfi þangat sem þér vilit fara; en þó yðr þykki nú mjök á liðit sumar, þá vil ek þó ráða yðr, at þér látið á brott héðan, þvíat hér er folk útrútt ok illt viðreignar: en þeim þykkja áðr brotin lög á sér." Guðleifr mælti: " Hvat skulum vér til segja, ef oss verðr auðit at koma til ættjarða várra, hverr oss hafi frelsi gefit? " Hann svarar: " Þat mun ek yðr eigi segja, þvíat ek ann eigi þess frændum mínum ok fóstbræðrum, at þeir hafi híngat þvílíka ferð, sem þér mundut haft hafa, ef þér nytið eigi mín víð; en nú er svá komit aldri mínum," sagði hann, "at þat er á öngri stundu örvænt, nær elli stígr yfir höfuð mér; en þóat ek li£a enn um stundar sakir, þá eru hér á landi ríkari menn en ek, þeir at lítinn frið munu gefa útlendum mönnum, þóat þeir'sé eigi híngat nálægir, sem þér erut at komnir, Síðan lét þessi maðr búa


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 skipit með þeim, ok var þar við til þess er byrr kom, sá er þeim var hagstæðr út at taka. En áðr þeir Guðleifr skildu, tók þessi maðr gullhring af hendi'sér, ok fær í hendr Guðleifi, ok þar með gott sverð; en'síðan mælti hann við Guðleif: " Ef þér verðr auðit at koma til fóstr-jarðar þinnar, þá skaltú færa sverð þetta Kjartani, bóndanum at Fróðá, en hringinn Þuríði móður hans." Guðleifr mælti: " Hvat skal ek til segja, hverr þeim sendi þessa gripi? " Hann svarar: " Seg, at'sá sendi, at meiri vin var húsfreyjunnar at Fróðá en goðans at Helgafelli, bróður hennar. En ef nökkurr þykkist vita þar af, hverr þessa gripi hefir átta, þá seg þau mín orð, at ek banna hverjum manni á minn fund at fara, þvíat þat er en mesta úfæra, nema þeim takist þann veg giptusamliga um landtökuna, sem yðr hefir tekizt; er hér ok land [vítt ok] illt til hafna, en ráðinn ófriðr allstaðar útlendum mönnum, nema svá beri til sem nú hefir orðit."

Eptir þetta skildu þeir. [Þeir] Guðleifr létu í haf, ok tóku frland'síð um haustið, ok vóru í D.vflinni um vetrinn; en um sumarit sigldu þeir til islands, ok færði Guðleifr þá af höndum gripina, ok höfðu allir þat fyrir satt, at þessi maðr hafi verit Björn Breiðvíkingakappi; en engi önnur sannjTidi hafa menn til þess, nema þau sem nú vóru'sögð.' Eyrbyggja Saga, ed. Vigfusson, pp. 119-22.

(74) The paper manuscripts founded upon the text of the saga presented in H auk's Book are as follows:

No. 118, 8vo. The first page of this manuscript bears the following title: ' Hier hefur Grænlan[ds Ann]ál. Er fyrst Saga e.dr [Hisjtoria Þorfinns Krt;-lsef[nis] Þordar sonar.' The saga, which fills twenty-four sheets, was written in the seventeenth century by Björn á Skarðsá. There are certain interpolations in the text, as on p. 15 b, concerning ' Helluland hið mikla,' p. 16, on the origin of the name ' Markland,' and on p. 19 b, concerning the Skrelling boats. With the exception of these inserted passages, and a few minor verbal changes, the text follows closely that of ÞsK.

No. 281, 4to. On the back of p. 83 [modern pagination] of this book is the title: 'Hier hef«r s0gu Þorfins Kallsefnis Þordarsonar.' It is a neatly written manuscript, in a hand somewhat resembling the elder vellum hands. On the back of p. 84 the passage from Landnáma: 'So se^/rAri forgylsson ad þa/ sumar fóru XXII skip,' &c., together with the list of colonists as given in the Flatey Book text, have been inserted by the scribe, and the fact noted at the bottom of the page. On p. 93 the saga concludes with the words: ' Vera Gud med oss,' as in Hauk's Book, which words are usually omitted from the paper transcripts of ÞsK. It is a good clear copy of the Hauk's Book text, one of the most accurate and useful. It was made by Sigurður Jónsson of Knör toward the close of the seventeenth century. [Cf AM. Katalog.]

No. 597 b, 4to. In the centre of p. 32 [modern pagination] is the title: 'Hier hefur S0gu Þorfins Kallsefnes Þordrtrsonan' This text, like that of 281, 410, has the interpolated passage from Landnáma, above noted; unlike 281, 4to, however, it is a careless copy, and contains many errors, as: ' kirtel ' for ' kistil,' ' fuller vonn ' for ' fulltrúann,' &c. It contains numerous marginal notes in an old hand, ends on the back of p. 41, and was written [cf. AM. Katalog] in the latter half of the seventeenth century.

No. 768, 4to. At the head of the first page of text of this manuscript is the title: ' Hier


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 hefur Grænlands Annal, er fyrst Saga edur Historia Þorfins Kails efnis Þordar Sonar.' The saga contains thirty-eight pages, based upon the text of Hauk's Book, although with numerous additions from the narrative of the Flatey Book, as also concerning Helluland it mikla, &c. It is written in German script, dates from the seventeenth century, having belonged, according to Arni Magnusson's conjecture, in 1669, to Bishop Thord, from whom Thormod Torfæus received it. It would appear from a passage on p. 5 of this manuscript, that the scribe had access to Hauk's Book, for he writes: ' Þesser efterfarandi Capituli er einfalldliga efter Hauks Bök skrifadir,' &c.

No. 770 b, 4to. This manuscript contains two sagas written about 1770. The first of these, covering thirty-six pages, bears the title: ' Hier hefur Sögu Þorfinns Karlsefnis f'órdarsonar.' It is an almost literal transcript of the text of ÞsK.

No. 1008, 4to. Near the middle of this book is the saga bearing the title: ' Her hefr vpp sogu þeirra Þorfinnz Karlsefnis oc Snorra Þorbrandz sonar.' In the margin, in an old hand, are the words ' Fordret Mag. Joon Arnesen af AM,' and upon the same page Dr. Gudbrand Vigfusson has written 'eptir Hauksbók.' It is a fair copy of i'sK, written ca. 1700.

No. 1692, 4to [Ny kgl. Saml.]. This copy, written in cursive hand, in the last century, fills one hundred pages, and is entitled: ' Sagan af Þorfinni Karlsefni Þórðar syni.' According to an inserted note, the copy was made by J. Johnsen [Jon Jónsson] from AM. 281, 4to.

No. 1698, 4to [Ny kgl. Saml.]. This saga, which follows closely ÞsK, under the title: 'Her hefur upp S0gu þeirra Þorfin^s Karls-Efnis og Snorra Þorbrandssonar,' fills twentyseven pages of the manuscript, and was written, in German script, probably in the last century. This text is peculiarly interesting because of the variant it has from the words of the original in the passage describing the distance from Bjarneyjar to Helluland, which is thus given in this text: 'þaðan sigldu [þeir] iii dægur,' &c. [Cf. Note 46, p. 174.]

No. 1734, 4to [Ny kgl. Saml.]. This manuscript, while it does not contain ÞsK, does contain certain notabilia concerning Eric the Red, Greenland, the situation of Wineland, Albania [Hvitramannaland], &c., and on pp. 21 et seq. has an account of Þorbjörn, [sic] Kallz Efni. It was written in the last half of the last century by J. Johnson [Jónsson] after AM. 770 b, 4to.

No. 1754, 4to [Thott. Saml.]. This text of the saga, with the title: 'Her hefr upp sogu þeirra Þorfinnz Karlsefnis oc Snorra f-orbrandzsonar,' contains seventy-two pages, copied 'Ex codice vetusto membraneo in Bibl. Acad. Hafn. inter MSS. Arnse Magnæi, No. 544 in 4to.' As the scribe states, ' there are certain lacunae here and there in the Codex illegible by reason of smoke and age, which have caused certain lacunæ in this copy; ' it is otherwise a good clear copy, in running hand, of ÞsK, made at a time when Hauk's Book was in no better state than at present, as the lacunæ of the copy indicate.

The paper manuscripts founded upon the text [EsR] of AM. 557, 4to, are as follows:

No. 563 b, 4to. This is an inferior copy from the latter half of the seventeenth century. It is in running hand and contains nineteen pages. According to a slip, in Arni Magnusson's


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 hand, inserted in the manuscript, it has been compared with a copy in quarto 'written by the Rev. Vigfus Gudbrandsson,' and is filled with interlineations and corrections, which bring it to a fair likeness with the text of 557, 4to.

No. 770 b, 4to. The second saga in this manuscript has the title: ' Hier hefst Saga af Ein'ki Rauda,' beside which title Ami Magnusson has written 'er mipg o correct' ['is very incorrect']. It is an inferior transcript of EsR, in the same hand as that of the text of ÞsK which precedes it.

No. 931, 4to. At the foot of p. 13 of this manuscript is the title ' Her Byriar Sauguna Af Eyreke Rauda Þorv-aldss.' This text covers twenty-two pages, completed, as is stated at the end of the saga, in the year 1734 ['oc likr her þessare s0gu þann 3. Januarij Anno 1734 ']. It is a good clear copy of the text of EsR, omitting, however, the verses of Þorw. [sic] the Huntsman, and the Einfceting ditty.

No. 932, 4to. This collection of sagas was written, as is stated on the title-page, in the year 1821. On p. 268 of the manuscript the 'Saga fra Eyreci Rauda' begins, and is concluded on p. 297. While it follows the text of EsR, certain of the minor errors of that text have been corrected in conformity with the language of ÞsK.

No. 401, fol. This transcript of the ' Saga Ein'ks Rauða ' contains forty-four pages in cursive hand, with notes at the foot and in the margin of the text. Originally a close copy of AM. 557, 4to, it has been corrected in many places apparently to conform to the text of ÞsK. According to the ' Katalog ' this copy was made in the latter half of the last century.

No. 30 Rask Coll. The text here presented under the title ' Sagann af Eireke Rauda,' is a rather inexact copy of EsR, written ca. 1770. This text makes Thorvald Ericsson shoot the Uniped, and has such minor variants from the original as ' Þorvalldr var kallrtdr veidimadr,' 'samtymnis lanþar' in the second line of the second verse, &c.

No. 36 Rask Coll. On p. 116 of this collection of sagas this copy of ' Sagann af Eyrike enum Rauda' begins, and is brought to a conclusion on p. 129. It was written, as is stated at the end of the saga, by Olaf Sigurdsson, and by him completed in January 1810. While it is founded upon EsR, it is rather a paraphrase than a literal copy of that text.

No. 1697, 4to [Ny kgl. Saml.]. This text, which fills 115 pages, was copied [probably late in the last century], as is stated in the manuscript, from AM. 563 b, X.o, by J. Johnsson. The scribe has followed the corrected text of the manuscript from which his copy was made.

No. 1714, 4to [Ny kgl. Saml.]. This 'Saga af Eyreke Rauda' contains eighteen pages, written in 1715. While it follows in the main EsR, it is not without minor changes due apparently to the influence of ÞsK.

No. 1 1 73, fol. [Ny kgl. Saml.]. This manuscript, from the early part of the present century (?), contains both the Icelandic text and a Latin translation of the ' Saga af Eireke Rauda,' derived, as is stated, from AM. 557, 410, compared with AM. 281 and 563, 4to, and Hauk's Book, together with an excerpt from AM. 770, 8vo.

No. 616, 4to [Kail. Saml. J. The 'Saga Eireks Rauda,' which occupies the ninth place


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 in this collection, fills twelve pages. It is written in a good hand of the early part of the last century, or the end of the seventeenth century, and follows the text of AM. 557 aXo closely.

No. 1776, 4to [Thott. Saml.]. In this bundle of sagas the text of 'Sagan af Eyreke Rauda ' forms a separate tractate. This is a copy of EsR made, probably, in the latter part of the last century, with unimportant variants of the original text as ' Þorvallþr veiþimadr; ' in Thorhall's second ditty 'knarrar skurd,' instead of 'knarrar skeið,' &c.

No. 984 a, fol. [Thott. Saml.]. In this collection of folios there are two texts of EsR; one has the title 'Saga Eyreks Rauda,' the other 'Saga af Eyreke Rauda.' The first contains twenty-six pages, following closely the text of AM. 557, 4to, except in the omission of the stanzas of {"orvald [sic] the Huntsman, and that which refers to the Uniped. The second text contains twenty-eight pages, and, like the first, is a close copy of the text of AM. 557, 4to, except, in this case, in the orthography. Both transcripts appear to have been made in the latter half of the last century.

No. 11,123. At the end of this quarto manuscript are fifty-three pages, in running hand, containing ' Sagan af Eirike Rauða.' This saga is a fairly literal transcript of the text of EsR. It is preceded by a woodcut of Eric the Red, being the same as that contained in Arngrim Jonsson's ' Gronlandia,' and is followed by a few pages of ' Annals ' and notes the concluding notice bearing the title 'Af {"orbirni Karlsefni,' with the entry, at the end, written at Borgartiin, 1775, by Oddr Jonsson.

No. 11,126. This is a folio manuscript of thirty-seven pages. On an inserted fly-leaf is the note ' Saga Eiriks Rauda ex membrana in Arnæ Magnæi Bibliotheca in 4to, Num. 557.' There are a few marginal corrections of the clerical errors of AM. 557, 4to, as 'skridu ' for 'skylldu,' 'fundu kiol ' for 'fengu skiol,' &c., and a few lacunæ in the transcript where the scribe has not been able to read the words of the vellum. According to the Manuscript Catalogue, this copy was made in Copenhagen in 1768 by Odd Jonsson. Both 11,123, and 11,126 are from the collection of Finn Magnusen.

No. 4,867 [Banks Coll.]. A manuscript in folio containing many sagas, of which the third in the collection is ' Sagann af Eyreke Ravda,' which fills sixteen pages, and is a fairly accurate copy of the text of AM. 557, 4to, written, as would appear from an entry at the end of the saga, in 1691.

In addition to these paper manuscripts of the text of EsR there are others in the National Library of Reykjavik [143, 4to, 150, 410, and 151, 4to], and one in the Royal Library pf Stockholm, which I have not found it possible to examine. The text of the Stockholm manuscript. No. 35, fol., conforms to that of AM. 557, 4to [cf. Arwidsson, Förteckning öfver Kongl. Bibliothekets i Stockholm Islandska Handskrifter, Stockholm, 1848, pp. 66-7], and it is not probable that the Reykjavik manuscripts offer any peculiarities differing from those exhibited by the paper transcripts above mentioned.

Of the Wineland history of the Flatey Book there is in the Arna-Magnæan Collection a


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clearest and most complete narrative of the discovery of Wineland, preser'ed in the ancient Icelandic literature, is that presented in the Saga of Eric the Red. Of this narrative two complete vellum texts have surúved. The eldest of these texts is contained in the Arna-Magnæan Codex, No. 544, 4to, which is commonly known as Hauk's Book [Hauksbók]. This manuscript has derived its name from its first owner, for whom the work was doubtless written, and who himself participated in the labour of its preparation. This man, to whom the manuscript traces its origin, has, happily, left, not only in the manuscript itself, but in the history of his time, a record which enables us to determine, with exceptional accuracy, many dates in his life, and from these it is possible to assign approximate dates to that portion of the vellum which contains the narrative of the discovery. This fact possesses the greater interest since of no one of those who participated in the conservation of the elder sagas, have we data so precise as those which have been preserved to us of Hauk Erlendsson [Haukr Erlendsson], to whose care, actual and potential, this manuscript owes its existence.

We know that Jorunn, the mother of this man, was the direct descendant of a famous Icelander. His paternal ancestry is not so clearly established. It has been conjectured that his father, Erlend Olafsson, surnamed the Stout [Erlendr sterki Óláfsson], was the son of a man of humble parentage, and by birth a Norwegian. This view has been discredited, however, and the fact pretty clearly established that Erlend's father, Olaf, was no other than a certain Icelander called Olaf Tot [Óláfr tottr]. Hauk's father, Erlend, was probably the ' Ellindr bóndi ' of a letter addressed by certain Icelanders to the Norwegian king, Magnus Law-Amender, in the year 1275. In the year 1283 we find indubitable mention of him in


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 consistent with a noble liberality, as appears from sundry passages in the 'Autobiography of Abraham Raimbach,' the engraver.

William Etty was another notable instance of unflagging industry and indomitable perseverance in art. His father was a gingerbread and spice-maker at York, and his mother—a woman of considerable force and originality of character—was the daughter of a ropemaker. The boy early displayed a love of drawing, covering walls, floors, and tables with specimens of his skill; his first crayon being a farthing's worth of chalk, and this giving place to a piece of coal or a bit of charred stick. His mother knowing nothing of art, put the boy apprentice to a trade—that of a printer. But in his leisure hours he went on with the practice of drawing; and when his time was out he determined to follow his bent—he would be a painter and nothing else. Fortunately his uncle and elder brother were able and willing to help him in his new career, and they provided him with the means of entering as pupil at the Royal Academy. We observe, from Leslie's Autobiography, that Etty was looked upon by his. fellow-students as a worthy but dull, plodding person, who would never distinguish himself. But he had in him the divine faculty of work, and diligently plodded his way upward to eminence in the highest walks of art.

Many artists have had to encounter privations which have tried their courage and endurance to the uttermost before they succeeded. What number may have sunk under them we can never know. Martin encountered difficulties in the course of his career such as perhaps fall to the lot of few. More


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 Icelandic annals as 'legifer,' he having in that j-ear 'come out' to Iceland from Norway vested with the dignity of ' lawman ' It is as the incumbent of a similar office, to which he appears to have been appointed in 1294, that we first find Hauk Erlendsson mentioned. It is not unlikely that Hauk had visited Norway prior to 1301; there can be no doubt that he was in that country in the latter part of that year, for he was a 'lawman' in Oslo [the modern Christiania] upon the 28th of January, 1302, since upon that date he published an autographic letter, which is still in existence. Whether the rank of knighthood, which carried with it the title of ' herra ,' had already been conferred upon him at this time is not certain. He is first mentioned with this title, in Icelandic annals, in 1306, elsewhere in 1305, although it has been claimed that he had probably then enjo3^ed this distinction for some years , but upon what authority is not clear. While Hauk revisited Iceland upon more than one occasion after the year 1302, much of the remainder of his life appears to have been spent in Nor^va}', where he died in the year 1334.

On the back of page 21 of Hauk's Book Ami Magnusson has written, probably with a view to preserve a fading entry upon the same page, the words: ' This book belongs to Teit Paulsson [Teitr Pálsson], if he be not robbed .' It is not known who this Teit Paulsson was, but it is recorded that a man of this name sailed from Iceland to Norwa3^ in the j-ear 1344. He may have been the one-time owner of the book, and, if the manuscript was then in Norwa}^, may have carried it back to Iceland with him. Apart from this conjecture, the fact remains that the early history of Hauk's Book is shrouded in obscurity. It is first mentioned in the beginning of the seventeenth


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Rh The wage worker is oppressed under this system in the interest of a class of capitalist investors who may be living thousands of miles away and whose very names are unknown to him.

He is, therefore, interested in every revolt of Labor all over the world, for the very individuals against whom that revolt may be directed may—by the wondrous mechanism of the capitalist system—through shares, bonds, national and municipal debts—be the parasites who are sucking his blood also.

That is one of the underlying facts inspiring the internationalism of Labor and Socialism.

''But the Socialist proposals, they say, would destroy the individual character of the worker. He would lean on the community, instead of upon his own efforts.''

Yes: Giving evidence before the Old Age Pensions Committee in England, Sir John Dorrington, M. P., expressed the belief that the “provision of Old Age Pensions by the State, for instance, would do more harm than good. It was an objectionable principle, and would lead to improvidence.”

There now! You will always observe that it is some member of what an Irish revolutionist called “the canting, fed classes,” who is anxious that nothing should be done by the State to give the working class habits of “improvidence,” or to do us any “harm.” Dear, kind souls!

To do them justice they are most consistent. For both in public and private their efforts are most whole-heartedly bent in the same direction, viz., to prevent improvidence—ON OUR PART.

They lower our wages—to prevent improvidence; they


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 than once he found himself on the verge of starvation while engaged on his first great picture. It is related of him that on one occasion he found himself reduced to his last shilling—a bright shilling—which he had kept because of its very brightness, but at length he found it necessary to exchange it for bread. He went to a baker's shop, bought a loaf, and was taking it away, when the baker snatched it from him, and tossed back the shilling to the starving painter. The bright shilling had failed him in his hour of need—it was a bad one! Returning to his lodgings, he rummaged his trunk for some remaining crust to satisfy his hunger. Upheld throughout by the victorious power of enthusiasm, he pursued his design with unsubdued energy. He had the courage to work on and to wait; and when, a few days after, he found an opportunity to exhibit his picture, he was from that time famous. Like many other great artists, his life proves that, in despite of outward circumstances, genius, aided by industry, will be its own protector, and that fame, though she comes late, will never ultimately refuse her favour to real merit.

The most careful discipline and training after academic methods will fail in making an artist, unless he himself take an active part in the work. Like every highly cultivated man, he must be mainly self-educated. When Pugin, who was brought up in his father's office, had learnt all that he could learn of architecture according to the usual formulas, he still found that he had learned but little; and that he must begin at the beginning, and pass through the discipline of labour. Young Pugin accordingly hired himself


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 244 but the main features of each are similar in character. The following is a zikr-i-jalí as given in the book Qual-ul-Jamíl, by Maulaví Sháh Walí Ullah, of Delhi:—

1. The worshipper sits in the usual sitting posture and shouts the word Al-lah (God), drawing his voice from his left side and then from his throat.

2. Sitting as at prayers he repeats the word Al-lah still louder than before, first from his right knee, and then from his left side.

3. Folding his legs under him he repeats the word Al-lah first from his right knee and then from his left side, still louder!

4. Still remaining in the same position, he shouts the word Al-lah, first from the left knee then from the right knee, then from the left side, and lastly in front, still louder!

5. Sitting as at prayer, with his face towards Mecca, he closes his eyes, says "Lá"—drawing the sound as from his navel up to his left shoulder; then he says i-lá-ha, drawing out the sound as from his brain; and lastly "il-lal-lá-ho," repeated from his left side with great energy.

Each of these stages is called a Zarb. They


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Rh are, of course, recited many hundreds of times over, and the changes we have described account for the variations of sound and motion of the body described by Eastern travellers who have witnessed the performance of a zikr.

The following is a zikr-i-khafí, or that which is performed in either a low voice, or mentally.

1. Closing his eyes and lips, he says, "with the tongue of the heart,"

Al-la-ho-samiʾun, "God the hearer."

Al-la-ho-baswírun, "God the seer."

Al-la-ho-ʾalimun, "God the knower."

The first being drawn, as it were, from the navel to the breast; the second, from the breast to the brain; the third, from the brain up to the heavens; and then again repeated stage by stage backwards and forwards.

2. He says in a low voice, "Allah," from the right knee, and then from the left side.

3. With each exhalation of his breath, he says, "lá-ildáha," and with each inhalation, "il-lal-lá-ho."

This third zarb is a most exhausting act of devotion, performed, as it is, hundreds or even


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Santa Claus business is played out. It's a sneaking, underhand method, and the sooner it's exposed the better.

For a parent to get up under cover of the darkness of night and palm off a ten-cent necktie on a boy who had been expecting a ten-dollar watch, and then say that an angel sent it to him, is low, undeniably low.

I had a good opportunity of observing how the thing worked this Christmas, in the case of young Hoodoo McFiggin, the son and heir of the McFiggins, at whose house I board.

Hoodoo McFiggin is a good boy—a religious boy. He had been given to understand that Santa Claus would bring nothing to his father and mother because grown-up people don't get presents from the angels. So he saved up all his pocket-money and bought a box of cigars for his father and a seventy-five-cent diamond brooch for his


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  mother. His own fortunes he left in the hands of the angels. But he prayed. He prayed every night for weeks that Santa Claus would bring him a pair of skates and a puppy-dog and an air-gun and a bicycle and a Noah's ark and a sleigh and a drum—altogether about a hundred and fifty dollars' worth of stuff.

I went into Hoodoo's room quite early Christmas morning. I had an idea that the scene would be interesting. I woke him up and he sat up in bed, his eyes glistening with radiant expectation, and began hauling things out of his stocking.

The first parcel was bulky; it was done up quite loosely and had an odd look generally.

"Ha! ha!" Hoodoo cried gleefully, as he began undoing it. "I'll bet it's the puppy-dog, all wrapped up in paper!"

And was it the puppy-dog? No, by no means. It was a pair of nice, strong, number-four boots, laces and all, labelled, "Hoodoo, from Santa Claus," and underneath Santa Claus had written, "95 net."

The boy's jaw fell with delight. "It's boots," he said, and plunged in his hand again.


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Papachristou v. City of Jacksonville/Opinion of the Court

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This case involves eight defendants who were convicted in a Florida municipal court of violating a Jacksonville, Florida, vagrancy ordinance. Their convictions [p157] were affirmed by the Florida Circuit Court in a consolidated appeal, and their petition for certiorari was denied by the District Court of Appeal on the authority of Johnson v. State, 202 So. 2d 852. The case is [p158] here on a petition for certiorari, which we granted. 403 U.S. 917. For reasons which will appeal, we reverse.

At issue are five consolidated cases. Margaret Papachristou, Betty Calloway, Eugene Eddie Melton, and Leonard Johnson were all arrested early on a Sunday morning, and charged with vagrancy—"prowling by auto."

Jimmy Lee Smith and Milton Henry were charged with vagrancy—"vagabonds."

Henry Edward Heath and a codefendant were arrested for vagrancy—"loitering" and "common thief."

Thomas Owen Campbell was charged with vagrancy–"common thief."

Hugh Brown was charged with vagrancy—"disorderly loitering on street" and "disorderly conduct—resisting arrest with violence."

The facts are stipulated. Papachristou and Calloway are white females. Melton and Johnson are black males. Papachristou was enrolled in a job-training program sponsored by the State Employment Service at Florida Junior College in Jacksonville. Calloway was a typing and shorthand teacher at a state mental institution located near Jacksonville. She was the owner of the automobile in which the four defendants were arrested. Melton was a Vietnam war veteran who had been released from the Navy after nine months in a veterans' hospital. On the date of his arrest he was a part-time computer helper while attending college as a full-time student in Jacksonville. Johnson was a tow-motor operator in a grocery chain warehouse and was a lifelong resident of Jacksonville.

At the time of their arrest the four of them were riding [p159] in Calloway's car on the main thoroughfare in Jacksonville. They had left a restaurant owned by Johnson's uncle where they had eaten and were on their way to a nightclub. The arresting officers denied that the racial mixture in the car played any part in the decision to make the arrest. The arrest, they said, was made because the defendants had stopped near a used-car lot which had been broken into several times. There was, however, no evidence of any breaking and entering on the night in question.

Of these four charged with "prowling by auto" none had been previously arrested except Papachristou who had once been convicted of a municipal offense.

Jimmy Lee Smith and Milton Henry (who is not a petitioner) were arrested between 9 and 10 a.m. on a weekday in downtown Jacksonville, while waiting for a friend who was to lend them a car so they could apply for a job at a produce company. Smith was a part-time produce worker and part-time organizer for a Negro political group. He had a common-law wife and three children supported by him and his wife. He had been arrested several times but convicted only once. Smith's companion, Henry, was an 18-year-old high school student with no previous record of arrest.

This morning it was cold, and Smith had no jacket, so they went briefly into a dry cleaning shop to wait, but left when requested to do so. They thereafter walked back and forth two or three times over a two-block stretch looking for their friend. The store owners, who apparently were wary of Smith and his companion, summoned two police officers who searched the men and found neither had a weapon. But they were arrested because the officers said they had no identification and because the officers did not believe their story.

Heath and a codefendant were arrested for "loitering" and for "common thief." Both were residents of Jacksonville, Heath having lived there all his life and being [p160] employed at an automobile body shop. Heath had previously been arrested but his codefendant had no arrest record. Heath and his companion were arrested when they drove up to a residence shared by Heath's girl friend and some other girls. Some police officers were already there in the process of arresting another man. When Heath and his companion started backing out of the driveway, the officers signaled them to stop and asked them to get out of the car, which they did. Thereupon they and the automobile were searched. Although no contraband or incriminating evidence was found, they were both arrested, Heath being charged with being a "common thief" because he was reputed to be a thief. The codefendant was charged with "loitering" because he was standing in the driveway, an act which the officers admitted was done only at their command.

Campbell was arrested as he reached his home very early one morning and was charged with "common thief." He was stopped by officers because he was traveling at a high rate of speed, yet no speeding charge was placed against him.

Brown was arrested when he was observed leaving a downtown Jacksonville hotel by a police officer seated in a cruiser. The police testified he was reputed to be a thief, narcotics pusher, and generally opprobrious character. The officer called Brown over to the car, intending at that time to arrest him unless he had a good explanation for being on the street. Brown walked over to the police cruiser, as commanded, and the officer began to search him, apparently preparatory to placing him in the car. In the process of the search he came on two small packets which were later found to contain heroin. When the officer touched the pocket where the packets were, Brown began to resist. He was charged with "disorderly loitering on street" and [p161] "disorderly conduct—resisting arrest with violence." While he was also charged with a narcotics violation, that charge was nolled.

Jacksonville's ordinance and Florida's statute were "derived from early English law," Johnson v. State, 202 So. 2d, at 854, and employ "archaic language" in their definitions of vagrants. Id., at 855. The history is an oftentold tale. The breakup of feudal states in England led to labor shortages which in turn resulted in the Statutes of Laborers, designed to stabilize the labor force by prohibiting increases in wages and prohibiting the movement of workers from their home areas in search of improved conditions. Later vagrancy laws became criminal aspects of the poor laws. The series of laws passed in England on the subject became increasingly severe. [p162] But "the theory of the Elizabethan poor laws no longer fits the facts," Edwards v. California, 314 U.S. 160, 174. The conditions which spawned these laws may be gone, but the archaic classifications remain.

The ordinance is void for vagueness, both in the sense that it "fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute," United States v. Harriss, 347 U.S. 612, 617, and because it encourages arbitrary and erratic arrests and convictions. Thornhill v. Alabama, 310 U.S. 88; Herndon v. Lowry, 301 U.S. 242.

Living under a rule of law entails various suppositions, one of which is that "[all persons] are entitled to be informed as to what the State commands or forbids." Lanzetta v. New Jersey, 306 U.S. 451, 453.

Lanzetta is one of a well-recognized group of cases insisting that the law give fair notice of the offending conduct. See Connally v. General Construction Co., 269 U.S. 385, 391; Cline v. Frink Dairy Co., 274 U.S. 445; United States v. Cohen Grocery Co., 255 U.S. 81. In the field of regulatory statutes governing business activities, where the acts limited are in a narrow category, greater leeway is allowed. Boyce Motor Lines, Inc. v. United States, 342 U.S. 337; United States v. National Dairy Products Corp., 372 U.S. 29; United States v. Petrillo, 332 U.S. 1.

The poor among us, the minorities, the average householder are not in business and not alerted to the regulatory [p163] schemes of vagrancy laws; and we assume they would have no understanding of their meaning and impact if they read them. Nor are they protected from being caught in the vagrancy net by the necessity of having a specific intent to commit an unlawful act. See Screws v. United States, 325 U.S. 91; Boyce Motor Lines, Inc. v. United States, supra.

The Jacksonville ordinance makes criminal activities which by modern standards are normally innocent. "Nightwalking" is one. Florida construes the ordinance not to make criminal one night's wandering, Johnson v. State, 202 So. 2d, at 855, only the "habitual" wanderer or, as the ordinance describes it, "common night walkers." We know, however, from experience that sleepless people often walk at night, perhaps hopeful that sleep-inducing relaxation will result.

Luis Munoz-Marin, former Governor of Puerto Rico, commented once that "loafing" was a national virtue in his Commonwealth and that it should be encouraged. It is, however, a crime in Jacksonville.

"[P]ersons able to work but habitually living upon the earnings of their wives or minor children"—like habitually living "without visible means of support"—might implicate unemployed pillars of the community who have married rich wives.

"[P]ersons able to work but habitually living upon the earnings of their wives or minor children" may also embrace unemployed people out of the labor market, by reason of a recession or disemployed by reason of technological or so-called structural displacements.

[p164] Persons "wandering or strolling" from place to place have been extolled by Walt Whitman and Vachel Lindsay. The qualification "without any lawful purpose or object" may be a trap for innocent acts. Persons "neglecting all lawful business and habitually spending their time by spending... places where alcoholic beverages are sold or served" would literally embrace many members of golf clubs and city clubs.

Walkers and strollers and wanderers may be going to or coming from a burglary. Loafers or loiterers may be "casing" a place for a holdup. Letting one's wife support him is an intra-family matter, and normally of no concern to the police. Yet it may, of course, be the setting for numerous crimes.

The difficulty is that these activities are historically part of the amenities of life as we have known them. They are not mentioned in the Constitution or in the Bill of Rights. These unwritten amenities have been in part responsible for giving our people the feeling of independence and self-confidence, the feeling of creativity. These amenities have dignified the right of dissent and have honored the right to be nonconformists and the right to defy submissiveness. They have encouraged lives of high spirits rather than hushed, suffocating silence.

They are embedded in Walt Whitman's writings, especially in his "Song of the Open Road." They are reflected, too, in the spirit of Vachel Lindsay's "I Want to Go Wandering," and by Henry D. Thoreau.

[p165] This aspect of the vagrancy ordinance before us is suggested by what this Court said in 1876 about a broad criminal statute enacted by Congress: "It would certainly be dangerous if the legislature could set a net large enough to catch all possible offenders, and leave it to the courts to step inside and say who could be rightfully detained, and who should be set at large." United States v. Reese, 92 U.S. 214, 221.

While that was a federal case, the due process implications are equally applicable to the States and to this vagrancy ordinance. Here the net cast is large, not to give the courts the power to pick and choose but to increase the arsenal of the police. In Winters v. New York, 333 U.S. 507, the Court struck down a New York statute that made criminal the distribution of a magazine made up principally of items of criminal deeds of bloodshed or lust so massed as to become vehicles for inciting violent and deprived crimes against the person. The infirmity the Court found was vagueness—the absence of "ascertainable standards of guilt" (id., at 515) in the [p166] sensitive First Amendment area. Mr. Justice Frankfurter dissented. But concerned as he, and many others, had been over the vagrancy laws, he added: "'Only a word needs to be said regarding Lanzetta v. New Jersey, 306 U.S. 451. The case involved a New Jersey statute of the type that seek to control 'vagrancy.' These statutes are in a class by themselves, in view of the familiar abuses to which they are put... Definiteness is designedly avoided so as to allow the net to be cast at large, to enable men to be caught who are vaguely undesirable in the eyes of the police and prosecution, although not chargeable with any particular offense. In short, these 'vagrancy statutes' and laws against 'gangs' are not fenced in by the text of the statute or by the subject matter as to give notice of conduct to be avoided.' Id., at 540."

Where the list of crimes is so all-inclusive and generalized as the one in this ordinance, those convicted [p167] may be punished for no more than vindicating affronts to police authority: "'The common ground which brings such a motley assortment of human troubles before the magistrates in vagrancy-type proceedings is the procedural laxity which permits 'conviction' for almost any kind of conduct and the existence of the House of Correction as an easy and convenient dumping-ground for [p168] problems that appear to have no other immediate solution.' Foote, Vagrancy-Type Law and Its Administration, 104 U. Pa. L. Rev. 603, 631."

Another aspect of the ordinance's vagueness appears when we focus, not on the lack of notice given a potential offender, but on the effect of the unfettered discretion is places in the hands of the Jacksonville police. Caleb Foote, an early student of this subject, has called the vagrancy-type law as offering "punishment by analogy." Id., at 609. Such crimes, though long common in Russia, are not compatible with our constitutional [p169] system. We allow our police to make arrests only on "probable cause," a Fourth and Fourteenth Amendment standard applicable to the States as well as to the Federal Government. Arresting a person on suspicion, like arresting a person for investigation, is foreign to our system, even when the arrest is for past criminality. Future criminality, however, is the common justification for vagrancy statutes. See Foote, supra, at 625. Florida has, indeed, construed her vagrancy statute "as necessary regulations," inter alia, "to deter vagabondage and prevent crimes." Johnson v. State, 202 So. 2d 852, Smith v. State, 239 So. 2d 250, 251.

A direction by a legislature to the police to arrest all "suspicious" persons would not pass constitutional muster. A vagrancy prosecution may be merely the cloak for a conviction which could not be obtained on the real but undisclosed grounds for the arrest. People [p170] v. Moss, 309 N.Y. 429, 131 N.E. 2d 717. But as Chief Justice Hewart said in Frederick Dean, 18 Crim. App. 133, 134 (1924): "'It would be in the highest degree unfortunate if in any part of the country those who are responsible for setting in motion the criminal law should entertain, connive at or coquette with the idea that in a case where there is not enough evidence to charge the prisoner with an attempt to commit a crime, the prosecution may, nevertheless, on such insufficient evidence, succeed in obtaining and upholding a conviction under the Vagrancy Act, 1824.'"

Those generally implicated by the imprecise terms of the ordinance—poor people, nonconformists, dissenters, idlers—may be required to comport themselves according to the lifestyle deemed appropriate by the Jacksonville police and the courts. Where, as here, there are no standards governing the exercise of the discretion granted by the ordinance, the scheme permits and encourages an arbitrary and discriminatory enforcement of the law. It furnishes a convenient tool for "harsh and discriminatory enforcement by local prosecuting officials, against particular groups deemed to merit their displeasure." Thornhill v. Alabama, 310 U.S. 88, 97-98. It results in a regime in which the poor and the unpopular are permitted to "stand on a public sidewalk... only at the whim of any police officer." Shuttlesworth v. Birmingham, 382 U.S. 87, 90. Under this ordinance, "'[I]f some carefree type of fellow is satisfied to work just so much, and no more, as will pay for one square meal, some wine, and a flophouse daily, but a court thinks this kind of living subhuman, the fellow can be forced to raise his sights or go to jail as a vagrant.' Amsterdam, Federal Constitutional Restriction on the Punishment of Crimes of Status, [p171] Crimes of General Obnoxiousness, Crimes of Displeasing Police Officers, and the Like, 3 Crim. L. Bull. 205 226 (1967)."

A presumption that people who might walk or loaf or loiter or stroll or frequent houses where liquor is sold, or who are supported by their wives or who look suspicious to the police are to become future criminals is too precarious for a rule of law. The implicit presumption in these generalized vagrancy standards—that crime is being nipped in the bud—is too extravagant to deserve extended treatment. Of course, vagrancy statutes are useful to the police. Of course, they are nets making easy the roundup of so-called undesirables. But the rule of law implies equality and justice in its application. Vagrancy laws of the Jacksonville type teach that the scales of justice are so tipped that even-handed administration of the law is not possible. The rule of law, evenly applied to minorities as well as majorities, to the poor as well as the rich, is the great mucilage that holds society together.

The Jacksonville ordinance cannot be squared with our constitutional standards and is plainly unconstitutional.

Reversed.

MR. JUSTICE POWELL and MR. JUSTICE REHNQUIST took no part in the consideration or decision of this case.


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  He began hauling away at another parcel with renewed hope on his face.

This time the thing seemed like a little round box. Hoodoo tore the paper off it with a feverish hand. He shook it; something rattled inside.

"It's a watch and chain! It's a watch and chain!" he shouted. Then he pulled the lid off.

And was it a watch and chain? No. It was a box of nice, brand-new celluloid collars, a dozen of them all alike and all his own size.

The boy was so pleased that you could see his face crack up with pleasure.

He waited a few minutes until his intense joy subsided. Then he tried again.

This time the packet was long and hard. It resisted the touch and had a sort of funnel shape.

"It's a toy pistol!" said the boy, trembling with excitement. "Gee! I hope there are lots of caps with it! I'll fire some off now and wake up father."

No, my poor child, you will not wake your father with that. It is a useful thing, but it needs not caps and it fires no bullets,


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 century by John the Learned [Jon lærSi] possibly about 1600, and a few years later by Arngrim Jonsson [Arngrimr Jónsson] ; it was subsequently loaned to Bishop Bryniolf Sveinsson, who caused the transcripts of the Landnámabók and the Kristni Saga to be made from it, as has already been related. This part of the codex the Bishop may have returned to the owner, himself retaining the remainder, for, with the exception of the two sagas named. Ami Magnusson obtained the codex from Gaulveriabœr in the south of Iceland, and subsequently the remaining leaves of the missing sagas from the Rev. Olaf Jonsson [Sira Óláfr Jonsson], who was the clergyman at Stad in Grunnavik [Stabr í Grunnavik], in north-western Iceland, between the years 1703 and 1707.

Hauk's Book originally contained about 200 leaves with widely varied contents. Certain leaves of the original manuscript have been detached from the main body of the book, and are now to be found in the Arna-Magnæan Collection, under Nos. 371 and 675, 4to; a portion has been lost, but 107 leaves of the original codex are preserved in AM. 544, 4to. With the exception of those portions just referred to, that part of the manuscript which treats of the Wineland discovery is to be found in this last mentioned volume, from leaves 93 to loi back' inclusive. The saga therein contained has no title contemporary with the text, but Arni Magnusson has inserted, in the space left vacant for the title, the words: 'Here begins the Saga of Thorfinn Karlsefni and Snorri Thorbrandsson ' [' Her hefr upp sggu þeirra Þorfinnz


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 Karlsefnis oc Snorra Þorbrandzsonar '], although it is not apparent whether he himself invented this title, or derived it from some now unknown source.

The Saga of Thorfinn Karlsefni was written by three different persons; the first portion is in a hand commonly ascribed to Hauk's so-called ' first Icelandic secretary.' On p. 99, 1. 14, the ink and the hand change, and beginning with the words Eirikr svarar vel, the chirography is Hauk's own, as is readily apparent from a comparison with the autographic letter of 1302, already referred to. Hauk's own work continues throughout this and the following page, ceasing at the end of the second line on p. 100, with the words kglliihu i Hóþt, where he gives place to a new scribe, his so-called ' second Icelandic secretary.' Hauk, however, again resumes the pen on the back of p. loi, and himself concludes the saga. Two of the leaves upon which the saga is written are of an irregular shape, and there are holes in two other leaves; these defects were, however, present in the vellum from the beginning, so that they in no wise affect the integrity of the text; on the other hand the lower right-hand corner of p. 99 has become badly blackened, and is, in consequence, partially illegible, as is also the left-hand corner of p. loi; similarly pp. 100 and loi [back] are somewhat indistinct, but, in the original, still not undecipherable. Initial letters are inserted in red and blue, and the sub-titles in red ink, which has sadly faded. There are three paginations, of which the latest, in red, is the one here adopted.

The genealogy appended to the saga has been brought down to Hauk's own time, and Hauk therein traces his ancestry to Karlsefni's Wineland-born son. By means of this genealogical list we are enabled to determine, approximately, the date of this transcript of the original saga, for we read in this list of Hallbera, 'Abbess of Reyniness,' and since we know that Hallbera was not consecrated abbess until the year 1299, it becomes at once apparent that the saga could not have been completed before that year. This conclusion is corroborated by additional evidence furnished by this ancestral list, for in this list Hauk has given himself his title 'herra.' As has been stated, Hauk is first accorded this title in 1305, he is last mentioned without the title in 1304; which fact not only confirms the conclusion already reached, but enables us to advance the date, prior to which the transcript of the saga could not have been concluded, to 1304. It is not so easy to determine positively when the saga was finished. As Hauk's own hand brings the saga to a conclusion, it is evident that it must have been completed before, or not later than, the year 1334, the year of his death. If we accept the words of the genealogical list literally, it would appear that Hauk wrote this list not many years before his


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 death, for it is there stated that Fru Ingigerd's daughter 'ztws' Fru Hallbera, the Abbess. But Hallbera lived until 1330, and the strict construction of Hauk's language might point to the conclusion that the reference to Hallbera was made after her death, and therefore after 1330. Hauk was in Iceland in the years 1330 and 1331, doubtless for the last time. One of the scribes who aided him in writing the codex was probably an Icelander, as may be gleaned from his orthograph)', and as it is highly probable that the contents of the codex were for the most part copied from originals owned in Iceland, it may be that the transcript of this saga, as well as the book itself, was completed during this last visit. It has been claimed that a portion of Hauk's book, preceding the Saga of Thorfinn, was written prior to Hauk's acquirement of his title, a 'iew founded upon the fact that his name is there cited without the addition of his title, and this view is supported by the corresponding usage of the Annals . If this be true, then, upon the above hypothesis, a period of more than twenty-five years must have elapsed between the inception of the work and the completion of the ' Thorfinn's Saga.' Doubtless a considerable time was consumed in the compilation and transcription of the contents of this manuscript; but it seems scarcely probable that so long a time should have intervened between the preparation of the different portions of the work. Wherefore, if the reference to the Abbess Hallbera be accepted literally, the conjecture that the earlier portion of the codex was written prior to 1299 would appear to be doubtful, and it may be necessary either to advance the date of this portion of the manuscript or place the date of the Saga of Thorfinn anterior to that suggested. However this may be, two facts seem to be clearly established, first, that this saga was not written before 1299, and second, that this eldest surviving detailed narrative of the discovery of Wineland was written not later than the year 1334.

In the vellum codex, known as Number 557, 4to, of the Arna-Magnæan Collection, is an account of the Wineland discovery, so strikingly similar to that of Hauk's Book, that there can be no doubt that both histories were derived from the same source. The history of the discovery contained in the above codex is called the 'Saga of Eric the Red' [Saga Eireks rauSa]. This may well have been the primitive title of the saga of Hauk's Book, which, as has been noted, obtains its modern name, 'Thorfinns Saga Karlsefnis,' from the entry made by


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  and you cannot wake a sleeping man with a tooth-brush. Yes, it was a tooth-brush—a regular beauty, pure bone all through, and ticketed with a little paper, "Hoodoo, from Santa Claus."

Again the expression of intense joy passed over the boy's face, and the tears of gratitude started from his eyes. He wiped them away with his tooth-brush and passed on.

The next packet was much larger and evidently contained something soft and bulky. It had been too long to go into the stocking and was tied outside.

"I wonder what this is," Hoodoo mused, half afraid to open it. Then his heart gave a great leap, and he forgot all his other presents in the anticipation of this one. "It's the drum!" he gasped. "It's the drum, all wrapped up!"

Drum nothing! It was pants—a pair of the nicest little short pants—yellowish-brown short pants—with dear little stripes of colour running across both ways, and here again Santa Claus had written, "Hoodoo, from Santa Claus, one fort net."

But there was something wrapped up in it. Oh, yes! There was a pair of braces wrapped