A life chronicle

2008-07-18T00:09:00.000-04:00

"U.S.S. Maine Havana, Cuba
Dear Father,
I received your loving letter a few days ago and was pleased to hear from you. I would have written sooner but owing to us having to been ordered to sea so soon. I didn't have any chance. We are now in Havana Cuba. We arrived here yesterday after a five hour run around a place called Dry Tartogos a small Florida reef. We were out to sea when the orders came for us to proceed to proceed at once to Havana. We are the first American ship that has been here in six years. We are now cleared for action with every gun in the ship loaded and men stationed around the ship all night. We are also ready to land a battalion at any moment. By the looks of things now I think we will have some trouble before we leave. We steamed the whole length of Cuba and about every mile you can see puffs of smoke and the Spainards firing on the rebels. There are three German ships (?) loading. here was Old Moro Castle stands at the entrance of the harbor, there are thousands of Spanish inside you can see them all sitting on the walls at any time of the day. This is a landlocked harbor but I think we could get out of it all right although we are in a pretty dangerous position at the present time and we hardly know when we are safe. Well dear Father I will now have to close sending my best love and wishes to all and hoping that I may be alive to see you all again. I remain you loving son. Charles
U.S.S. Maine in the charge of Council General of the United States Havana, Cuba

from:http://www.spanamwar.com/mainehamiltonlet.htm

2008-07-17T00:06:00.001-04:00

Text of the Ems Telegram, sent by Heinrich Abeken of the Foreign Office under Kaiser Wilhelm's Instruction to Bismarck
First, the Unedited Version...
His Majesty the King has written to me:
"Count Benedetti intercepted me on the promenade and ended by demanding of me in a very importunate manner that I should authorize him to telegraph at once that I bound myself in perpetuity never again to give my consent if the Hohenzollerns renewed their candidature.
I rejected this demand somewhat sternly as it is neither right nor possible to undertake engagements of this kind [for ever and ever]. Naturally I told him that I had not yet received any news and since he had been better informed via Paris and Madrid than I was, he must surely see that my government was not concerned in the matter."
[The King, on the advice of one of his ministers] "decided in view of the above-mentioned demands not to receive Count Benedetti any more, but to have him informed by an adjutant that His Majesty had now received from [Leopold] confirmation of the news which Benedetti had already had from Paris and had nothing further to say to the ambassador.
His Majesty suggests to Your Excellency that Benedetti's new demand and its rejection might well be communicated both to our ambassadors and to the Press."
Next, Bismarck's Published, Doctored Version
"After the news of the renunciation of the Prince von Hohenzollern had been communicated to the Imperial French government by the Royal Spanish government, the French Ambassador in Ems made a further demand on His Majesty the King that he should authorize him to telegraph to Paris that His Majesty the King undertook for all time never again to give his assent should the Hohenzollerns once more take up their candidature.
His Majesty the King thereupon refused to receive the Ambassador again and had the latter informed by the adjutant of the day that His Majesty had no further communication to make to the Ambassador."

from:http://www.firstworldwar.com/source/emstelegram.htm

2008-07-16T00:35:00.001-04:00

Sir John Jellicoe's Report on the Battle of Jutland, 31 May-1 June 1916
24 June, 1916
Sir,
Be pleased to inform the Lords Commissioners of the Admiralty that the German High Sea Fleet was brought to action on May 31, 1916, to the westward of the Jutland Bank, off the coast of Denmark.
The ships of the Grand Fleet, in pursuance of the general policy of periodical sweeps through the North Sea, had left its bases on the previous clay, in accordance with instructions issued by me.
In the early afternoon of Wednesday, May 3lst, the 1st and 2nd Battle-cruiser Squadrons, 1st, 2nd and 3rd Lightcruiser Squadrons and destroyers from the 1st, 9th, 10th and 13th Flotillas, supported by the 5th Battle Squadron, were, in accordance with my directions, scouting to the southward of the Battle Fleet, which was accompanied by the 3rd Battlecruiser Squadron, 1st and 2nd Cruiser Squadrons, 4th Lightcruiser Squadron, 4th, 11th and 12th Flotillas.
The junction of the Battle Fleet with the scouting force after the enemy had been sighted was delayed owing to the southerly course steered by our advanced force during the first hour after commencing their action with the enemy battle-cruisers. This was, of course, unavoidable, as had our battle-cruisers not followed the enemy to the southward the main fleets would never have been in contact.
The Battle-cruiser Fleet, gallantly led by Vice-Admiral Sir David Beatty, and admirably supported by the ships of the Fifth Battle Squadron under Rear-Admiral Hugh Evan-Thomas, fought an action under, at times, disadvantageous conditions, especially, in regard to light, in a manner that was in keeping with the best traditions of the service.
On receipt of the information that the enemy had been sighted, the British Battle Fleet, with its accompanying cruiser and destroyer force, proceeded at full speed on a S.E. by S. course to close the Battle-cruiser Fleet.
During the two hours that elapsed before the arrival of the Battle Fleet on the scene the steaming qualities of the older battleships were severely tested. Great credit is due to the engine-room departments for the manner in which they, as always, responded to the call, the whole Fleet maintaining a speed in excess of the trial speeds of some of the older vessels.
The Third Battle-cruiser Squadron, which was in advance of the Battle Fleet, was ordered to reinforce Sir David Beatty. At 5.30 p.m. this squadron observed flashes of gunfire and heard the sound of guns to the southwestward.
Rear-Admiral Hood sent the Chester to investigate, and this ship engaged three or four enemy light-cruisers at about 5.45 p.m. The engagement lasted for about twenty minutes, during which period Captain Lawson handled his vessel with great skill against heavy odds, and, although the ship suffered considerably in casualties, her fighting and steaming qualities were unimpaired, and at about 6.05 p.m. she rejoined the Third Battle-cruiser Squadron.
The Third Battle-cruiser Squadron had turned to the northwestward, and at 6.10 p.m. sighted our battle-cruisers, the squadron taking station ahead of the Lion at 6.21 p.m. in accordance with the orders of the Vice-Admiral Commanding Battle-cruiser Fleet.
Meanwhile, at 5.45 p.m., the report of guns had become audible to me, and at 5.55 p.m. flashes were visible from ahead round to the starboard beam, although in the mist no ships could be distinguished, and the position of the enemy's battle fleet could not be determined. The difference in estimated position by "reckoning" between Iron Duke and Lion, which was inevitable under the circumstances, added to the uncertainty of the general situation.
Shortly after 5.55 p.m. some of the cruisers ahead were seen to be in action, and reports received show that Defence, flagship, and Warrior, of the First Cruiser Squadron, engaged an enemy light-cruiser at this time. She was subsequently observed to sink.
At 6 p.m. Canterbury, which ship was in company with the Third Battle-cruiser Squadron, had engaged enemy light-cruisers which were firing heavily on the torpedo-boat destroyers Shark, Acasta and Christopher; as a result of this engagement the Shark was sunk.
At 6 p.m. vessels, afterwards seen to be our battlecruisers, were sighted by Marlborough bearing before the starboard beam of the battle fleet.
At the same time the Vice-Admiral Commanding Battle-cruiser Fleet, reported to me the position of the enemy battle-cruisers, and at 6.14 p.m. reported the position of the enemy battle fleet.
At this period, when the battle fleet was meeting the battlecruisers and the Fifth Battle Squadron, great care was necessary to insure that our own ships were not mistaken for enemy vessels.
I formed the battle fleet in line of battle on receipt of Sir David Beatty's report, and during deployment the fleets became engaged. Sir David Beatty had meanwhile formed the battle-cruisers ahead of the battle fleet.
At 6.16 p.m. Defence and Warrior were observed passing down between the British and German Battle Fleets under a very heavy fire. Defence disappeared, and Warrior passed to the rear disabled.
It is probable that Sir Robert Arbuthnot, during his engagement with the enemy's light-cruisers and in his desire to complete their destruction, was not aware of the approach of the enemy's heavy ships, owing to the mist, until he found himself in close proximity to the main fleet, and before he could withdraw his ships they were caught under a heavy fire and disabled.
It is not known when Black Prince, of the same squadron, was sunk, but a wireless signal was received from her between 8 and 9 p.m.
The First Battle Squadron became engaged during deployment, the Vice-Admiral opening fire at 6.17 p.m. on a battleship of the Kaiser class. The other Battle Squadrons, which had previously been firing at an enemy light-cruiser, opened fire at 6.30 p.m. on battleships of the Koenig class.
At 6.06 p.m. the Rear-Admiral Commanding Fifth Battle Squadron, then in company with the battle-cruisers, had sighted the starboard wing division of the battle fleet on the port bow of Barham, and the first intention of Rear-Admiral Evan-Thomas was to form ahead of the remainder of the battle fleet, but on realizing the direction of deployment he was compelled to form astern, a manoeuvre which was well executed by the squadron under a heavy fire from the enemy battle fleet.
An accident to Warspite's steering gear caused her helm to become jammed temporarily and took the ship in the direction of the enemy's line, during which time she was hit several times. Clever handling enabled Captain Edward M. Phillpotts to extricate his ship from a somewhat awkward situation.
Owing principally to the mist, but partly to the smoke, it was possible to see only a few ships at a time in the enemy's battle line. Towards the van only some four or five ships were ever visible at once. More could be seen from the rear squadron, but never more than eight to twelve.
The action between the battle fleets lasted intermittently from 6.17 p.m. to 8.20 p.m. at ranges between 9,000 and 12,000 yards, during which time the British Fleet made alterations of course from S.E. by E. to W. in the endeavour to close.
The enemy constantly turned away and opened the range under cover of destroyer attacks and smoke screens as the effect of the British fire was felt, and the alterations of course had the effect of bringing the British Fleet (which commenced the action in a position of advantage on the bow of the enemy) to a quarterly bearing from the enemy battle line, but at the same time placed us between the enemy and his bases.
At 6.55 p.m. Iron Duke passed the wreck of Invincible, with Badger standing by.
During the somewhat brief periods that the ships of the High Sea Fleet were visible through the mist, the heavy and effective fire kept up by the battleships and battle-cruisers of the Grand Fleet caused me much satisfaction, and the enemy vessels were seen to be constantly hit, some being observed to haul out of the line and at least one to sink.
The enemy's return fire at this period was not effective, and the damage caused to our ships was insignificant.
As was anticipated, the German Fleet appeared to rely very much on torpedo attacks, which were favoured by the low visibility and by the fact that we had arrived in the position of a "following" or "chasing" fleet.
A large number of torpedoes were apparently fired, but only one took effect (on Marlborough), and even in this case the ship was able to remain in the line and to continue the action. The enemy's efforts to keep out of effective gun range were aided by the weather conditions, which were ideal for the purpose. Two separate destroyer attacks were made by the enemy.
The First Battle Squadron, under Vice-Admiral Sir Cecil Burney, came into action at 6.17 p.m. with the enemy's Third Battle Squadron, at a range of about 11,000 yards, and administered severe punishment, both to the battleships and to the battle-cruisers and light-cruisers, which were also engaged.
The fire of Marlborough (Captain George P. Ross) was particularly rapid and effective. This ship commenced at 6.17 p.m. by firing seven salvoes at a ship of the Kaiser class, then engaged a cruiser, and again a battleship, and at 6.54 she was hit by a torpedo and took up a considerable list to starboard, but reopened at 7.03 p.m. at a cruiser and at 7.12 p.m. fired fourteen rapid salvoes at a ship of the Koenig class, hitting her frequently until she turned out of the line.
The manner in which this effective fire was kept up in spite of the disadvantages due to the injury caused by the torpedo was most creditable to the ship and a very fine example to the squadron.
The range decreased during the course of the action to 9,000 yards. The First Battle Squadron received more of the enemy's return fire than the remainder of the battle fleet, with the exception of the Fifth Battle Squadron. Colossus was hit but was not seriously damaged, and other ships were straddled with fair frequency.
In the Fourth Battle Squadron - in which squadron my flagship Iron Duke was placed - Vice-Admiral Sir Doveton Sturdee leading one of the divisions - the enemy engaged was the squadron consisting of Koenig and Kaiser class and some of the battle-cruisers, as well as disabled cruisers and light-cruisers.
The mist rendered range-taking a difficult matter, but the fire of the squadron was effective. Iron Duke, having previously fired at a light-cruiser between the lines, opened fire at 6.30 p.m. on a battleship of the Koenig class at a range of 12,000 yards. The latter was very quickly straddled, and hitting commenced at the second salvo and only ceased when the target ship turned away.
The rapidity with which hitting was established was most creditable to the excellent gunnery organization of the flagship.
The fire of other ships of the squadron was principally directed at enemy battle-cruisers and cruisers as they appeared out of the mist. Hits were observed to take effect on several ships.
The ships of the Second Battle Squadron, under Vice-Admiral Sir Thomas Jerram, were in action with vessels of the Kaiser or Koenig classes between 6.30 and 7.20 p.m., and fired also at an enemy battle-cruiser which had dropped back apparently severely damaged.
During the action between the battle fleets the Second Cruiser Squadron, ably commanded by Rear-Admiral Herbert L. Heath, with the addition of Duke of Edinburgh of the First Cruiser Squadron, occupied a position at the van, and acted as a connecting link between the battle fleet and the battle-cruiser fleet.
This squadron, although it carried out useful work, did not have an opportunity of coming into action.
The Fourth Light-cruiser Squadron, under Commodore Charles E. Le Mesurier, occupied a position in the van until ordered to attack enemy destroyers at 7.20 p.m., and again at 8.18 p.m., when they supported the Eleventh Flotilla, which had moved out under Commodore James R. P. Hawksley, to attack.
On each occasion the Fourth Light-cruiser Squadron was very well handled by Commodore Le Mesurier, his captains giving him excellent support, and their object was attained, although with some loss in the second attack, when the ships came under the heavy fire of the enemy battle fleet at between 6,500 and 8,000 yards.
The Calliope was hit several times, but did not sustain serious damage, although, I regret to say, she had several casualties. The light-cruisers attacked the enemy's battleships with torpedoes at this time, and an explosion on board a ship of the Kaiser class was seen at 8.40 p.m.
During these destroyer attacks four enemy torpedo-boat destroyers were sunk by the gunfire of battleships, lightcruisers and destroyers.
After the arrival of the British Battle Fleet the enemy's tactics were of a nature generally to avoid further action, in which they were favoured by the conditions of visibility.
At 9 p.m. the enemy was entirely out of sight, and the threat of torpedo-boat destroyer attacks during the rapidly approaching darkness made it necessary for me to dispose the fleet for the night, with a view to its safety from such attacks, whilst providing for a renewal of action at daylight.
I accordingly manoeuvred to remain between the enemy and his bases, placing our flotillas in a position in which they would afford protection to the fleet from destroyer attack, and at the same time be favourably situated for attacking the enemy's heavy ships.
During the night the British heavy ships were not attacked, but the Fourth, Eleventh and Twelfth Flotillas, under Commodore Hawksley and Captains Charles J. Wintour and Anselan J. B. Stirling, delivered a series of very gallant and successful attacks on the enemy, causing him heavy losses.
It was during these attacks that severe losses in the Fourth Flotilla occurred, including that of Tipperary, with the gallant leader of the Flotilla, Captain Wintour. He had brought his flotilla to a high pitch of perfection, and although suffering severely from the fire of the enemy, a heavy toll of enemy vessels was taken, and many gallant actions were performed by the flotilla.
Two torpedoes were seen to take effect on enemy vessels as the result of the attacks of the Fourth Flotilla, one being from Spitfire, and the other from either Ardent, Ambuscade or Garland.
The attack carried out by the Twelfth Flotilla (Captain Anselan J. B. Stirling) was admirably executed. The squadron attacked, which consisted of six large vessels, besides light-cruisers, and comprised vessels of the Kaiser class, was taken by surprise.
A large number of torpedoes was fired, including some at the second and third ships in the line; those fired at the third ship took effect, and she was observed to blow up. A second attack made twenty minutes later by Maenad on the five vessels still remaining, resulted in the fourth ship in the line being also hit.
The destroyers were under a heavy fire from the lightcruisers on reaching the rear of the line, but the Onslaught was the only vessel which received any material injuries.
During the attack carried out by the Eleventh Flotilla, Castor (Commodore James R. P. Hawksley) leading the flotilla, engaged and sank an enemy torpedo-boat destroyer at point-blank range.
There were many gallant deeds performed by the destroyer flotillas; they surpassed the very highest expectations that I had formed of them.
Apart from the proceedings of the flotillas, the Second Light-cruiser Squadron in the rear of the battle fleet was in close action for about 15 minutes at 10.20 p.m. with a squadron comprising one enemy cruiser and four light-cruisers, during which period Southampton and Dublin suffered rather heavy casualties, although their steaming and fighting qualities were not impaired. The return fire of the squadron appeared to be very effective.
Abdiel, ably commanded by Commander Berwick Curtis, carried out her duties with the success which has always characterized her work.
At daylight, June 1st, the battle fleet, being then to the southward and westward of the Horn Reef, turned. to the northward in search of enemy vessels and for the purpose of collecting our own cruisers and torpedo-boat destroyers.
At 2.30 a.m. Vice-Admiral Sir Cecil Burney transferred his flag from Marlborough to Revenge, as the former ship had some difficulty in keeping up the speed of the squadron. Marlborough was detached by my direction to a base, successfully driving off an enemy submarine attack en route.
The visibility early on June 1st (three to four miles) was less than on May 31st, and the torpedo-boat destroyers, being out of visual touch, did not rejoin until 9 a.m.
The British Fleet remained in the proximity of the battlefield and near the line of approach to German ports until 11 a.m. on June 1st, in spite of the disadvantage of long distances from fleet bases and the danger incurred in waters adjacent to enemy coasts from submarines and torpedo craft.
The enemy, however, made no sign, and I was reluctantly compelled to the conclusion that the High Sea Fleet had returned into port.
Subsequent events proved this assumption to have been correct. Our position must have been known to the enemy. as at 4 a.m. the Fleet engaged a Zeppelin for about five minutes, during which time she had ample opportunity to note and subsequently report the position and course of the British Fleet.
The waters from the latitude of the Horn Reef to the scene of the action were thoroughly searched, and some survivors from the destroyers Ardent, Fortune and Tipperary were picked up, and the Sparrowhawk, which had been in collision and was no longer seaworthy, was sunk after her crew had been taken off.
A large amount of wreckage was seen, but no enemy ships, and at 1.15 p.m., it being evident that the German Fleet had succeeded in returning to port, course was shaped for our bases, which were reached without further incident on Friday, June 2nd.
A cruiser squadron was detached to search for Warrior, which vessel had been abandoned whilst in tow of Engadine on her way to the base owing to bad weather setting in and the vessel becoming unseaworthy, but no trace of her was discovered, and a further subsequent search by a light-cruiser squadron having failed to locate her, it is evident that she foundered.
The enemy fought with the gallantry that was expected of him. We particularly admired the conduct of those on board a disabled German light-cruiser which passed down the British line shortly after deployment, under a heavy fire, which was returned by the only gun left in action.
The conduct of officers and men throughout the day and night actions was entirely beyond praise. No words of mine could do them justice. On all sides it is reported to me that the glorious traditions of the past were most worthily upheld - whether in heavy ships, cruisers, light-cruisers, or destroyers - the same admirable spirit prevailed.
Officers and men were cool and determined, with a cheeriness that would have carried them through anything. The heroism of the wounded was the admiration of all.
I cannot adequately express the pride with which the spirit of the Fleet filled me.
from: http://www.firstworldwar.com/source/jutland_jellicoe.htm

2008-07-14T23:28:00.000-04:00

How to Educate Children and Bring Them Up In the Fear of God
If God send children, sons or daughters, father and mother must take care of these their children. Provide for them and bring them up in good instruction. Teach them the fear of God and politeness and propriety, and teach them some handicraft, according to the time and age of the children: the mother instructing her daughters, and the father his sons, as best he knows and God counsels him. Love them and watch them and save them through fear. Teaching and instructing them and reasoning with them, punish them. Teach your children in their youth, and you will have a quiet old age. Look after their bodily cleanliness, and keep them from all sin, like the apple of your eye and your own souls. If the children transgress through the neglect of their parents, the parents will answer for these sins on the day of the terrible judgement. If the children are not taken care of and transgress through lack of the parents' instruction, or do some evil, there will be both to the parents and children a sin before God, scorn and ridicule before men, a loss to the house, grief to oneself, and cost and shame from the judges. If by God-fearing, wise and sensible people the children be brought up in the fear of God, and in good instruction and sensible teaching, in wisdom and politeness and work and handicraft, such children and their parents are loved by God, blessed by the clerical vocation, and praised by good people; and when they are of the proper age, good people will gladly and thankfully marry off their sons, according to their possessions and the will of God, and will give their daughter In marriage to their sons. And if God take away one of their children, after the confession and extreme unction, the parents bring a pure offering to God to take up an abode in the eternal mansion; and the child is bold to beg God's mercy and forgiveness of his parents' sins.
How to Teach Children and Save Them Through Fear
Punish your son in his youth, and he will give you a quiet old age, and restfulness to your soul. Weaken not beating the boy, for he will not die from your striking him with the rod, but will be in better health: for while you strike his body, you save his soul from death. If you love your son, punish him frequently, that you may rejoice later. Chide your son in his childhood and you will be glad in his manhood, and you will boast among evil persons and your enemies will be envious. Bring up your child with much prohibition and you will have peace and blessing from him. Do not smile at him, or play with him, for though that will diminish your grief while he is a child, it will increase it when he is older, and you will cause much bitterness to your soul. Give him no power in his youth, but crush his ribs while he is growing and does not in his wilfulness obey you, lest there be an aggravation and suffering to your soul, a loss to your house, destruction to your property, scorn from your neighbours and ridicule from your enemies, and cost and worriment from the authorities.
How Chnstians Are to Cure Diseases and all Kinds of Ailments
If God send any disease or ailment down upon a person let him cure himself through the grace of God, through tears, prayer, fasting, charity to the poor, and true repentance. Let him thank the Lord and beg His forgiveness, and show mercy and undisguised charity to everybody. Have the clergy pray the Lord for you, and sing the mass. Sanctify the water with the holy crosses and holy relics and miracle-working images, and be anointed with the holy oil. Frequent the miracle-working and holy places, and pray there with a pure conscience. In that way you will receive from God a cure for all your ailments. But you must henceforth abstain from sin, and in the future do no wrong, and keep the commands of the spiritual fathers, and do penance. Thus you will be purified from sin, and your spiritual and bodily ailment will be cured, and God will be gracious to you.
The Wife Is Always and in All Things to Take Counsel with Her Husband
In all affairs of everyday life, the wife is to take counsel with her husband, and to ask him, if she needs anything. Let her be sure that her husband wants her-to keep company with the guests she invites, or the people she calls upon. Let her put on the best garment, if she receives a guest, or herself is invited somewhere to dinner. By all means let her abstain from drinking liquor, for a drunk man is bad enough, but a drunk woman has no place in the world. A woman ought to talk with her lady-friends of handiwork and housekeeping. She must pay attention to any good word that is said in her own house, or in that of her friend: how good women live, how they keep house, manage their household, instruct their children and servants, obey their husbands, and ask their advice in everything, and submit to them. And if there is anything she does not know, let her politely inquire about it.... It is good to meet such good women, not for the sake of eating and drinking with them, but for the sake of good conversation and information, for it is profitable to listen to them. Let not a woman rail at anyone, or gossip about others. If she should be asked something about a person, let her answer: "I know nothing about it, and have heard nothing of it; I do not inquire about things that do not concern me; nor do I sit in judgement over the wives of princes, boiars, or my neighbours."

from:http://www.dur.ac.uk/a.k.harrington/domstroi.html

2008-07-14T00:01:00.000-04:00

: PAPAL VERSION.In the name of the Lord God our Saviour Jesus Christ, in the year of his incarnation 1059, in the mouth of April, in the 12th indiction-the holy Gospel being placed before us and the most reverend and blessed apostolic pope Nicholas presiding, while the most reverend archbishops, bishops, abbots and venerable priests and deacons assisted -in the church of the Lateran patriarch, which is called -the church of Constantine, this same venerable pontiff decreeing by apostolic authority, spoke thus concerning the election of the supreme pontiff:
Ye know, most blessed and beloved fellow bishops and brothers-nor has it been hidden from the lower members also - how much adversity this apostolic chair, in which by God's will I serve, did endure at the death of our master and predecessor, Stephen of blessed memory: to how many blows, indeed, and frequent wounds it was subjected by the traffickers in simoniacal heresy; so that the columns of the living God of the chief seemed almost to totter already, and the net of the chief fisher to be submerged, amid the swelling blasts, in the depths of shipwreck. Wherefore, if it please ye brethren, we ought prudently to take measures for future cases, and to provide for the state of the church hereafter, lest-which God forbid-the same evils may revive and prevail. Therefore, strengthened by the authority of our predecessors and of the other holy fathers, we decree and establish. 2. That-lest the disease of venality creep in through any excuse whatever-the men of the church shall be the leaders in carrying on the election of a pope, the others merely followers. And surely this order of electing will be considered right and lawful by those who, having looked through the rules or decrees of the various fathers, also take into consideration that sentence of our blessed predecessor Leo. " No reasoning permits," he says, " that those should be considered as among the bishops who have neither been elected by the clergy, nor desired by the people, nor consecrated by the bishops of their province with the approval of the metropolitan." But since the apostolic chair is elevated above all the churches of the earth, and thus can have no metropolitan over it, the cardinal bishops perform beyond a doubt the functions of that metropolitan, when, namely, they raise their chosen pope to the apex of apostolic glory.
3. They shall make their choice, moreover, from the . lap of this (Roman) church itself, if a suitable man is to be found there. But if not, one shall be chosen from another church.
4. Saving the honour and reverence due to our beloved son Henry who is at present called 'king, and will be in the future, as it is hoped, emperor by God's grace; according as we now have granted to him and to his successors who shall obtain this right personally from this apostolic see.
5. But, if the perversity of depraved and wicked men shall so prevail that a pure, sincere and free election can not be held in Rome, the cardinal bishops, with the clergy of the church and the catholic laity, may have the right and power, even though few in numbers, of electing a pontiff for the apostolic see wherever it may seem to them most suitable.
6. It is to be clearly understood that if, after an election has been held, a time of war, or the endeavours of any man who is prompted by the spirit of malignity, shall prevent him who has been elected from being enthroned according to custom in the apostolic chair: nevertheless he who has been elected shall, as pope, have authority to rule the Holy Roman church and to have the disposal of all its resources; as we know the blessed Gregory to have done before his consecration.
But if any one, contrary to this our decree promulgated by a synodal vote, shall, through sedition or presumption or any wile, be elected or even ordained and enthroned: by the authority of God and of the holy apostles Peter and Paul he shall be subjected, as Antichrist and invader and destroyer of all Christianity, to a perpetual anathema, being cast out from the threshold of the holy church of God, together with his instigators, favourers and followers. Nor at any time shall he be allowed a hearing in this matter, but be shall irrevocably be deposed from every ecclesiastical grade, no matter what one he had previously held. Whoever shall adhere to him or show any reverence to him, or shall presume in any way to defend him, shall be bound by a like sentence. Whoever, moreover, shall scorn the importof this our decree, and shall attempt contrary to this statute, presumptuously to confound and perturb the Roman church, shall be condemned with a perpetual anathema and excommunication and shall be considered as among the impious who do not rise at the Judgment. He shall feel against him, namely, the wrath of Almighty God, the Father, the Son and the Holy Ghost, and shall experience in this life and in the next the fury of the holy apostles Peter and Paul whose church he presumes to confound. His habitation shall be made a desert, and there shall be none to dwell in his tents. His sons shall be made orphans and his wife a widow. He shall be removed in wrath, and his sons shall go begging and shall be cast out of their habitations. The usurer shall go through all his substance and strangers shall destroy the results of his labours. The whole earth shall fight against him and all the elements oppose him ; and the merits of all the saints at rest shall confound him, and in this life shall take open vengeance against him. But the grace of Almighty God will protect those who observe this our decree, and the authority of the blessed apostles Peter and Paul will absolve them from the bonds of all their sins.
I, Nicholas, bishop of the holy Catholic and apostolic Roman church, have signed this decree promulgated by us as it stands above. I Boniface, by the grace if God bishop of of Albano, have signed. I, Humbert, bishop of the holy church of Sylva Candida, have signed. I, Peter, bishop of the church of Ostia, have signed. And other bishops to the number of 76, with priests and deacons have signed.
IMPERIAL VERSION
The beginning and the ending of the imperial version are, with the exception of a word or two, identical -with those of the papal. The differences are to be found in the numbered paragraphs. The cardinals in general and not only the cardinal-bishops are to be the prime movers in the election, and the emperor's share in their proceedings is largely increased.
1. That, when the pontiff of this Roman church universal dies, the cardinals, after first conferring together with most diligent consideration-saving the honour and reverence due to our beloved son Henry, who is at present called king, and will be in the future, as it is hoped, emperor by God's grace, according as we now, by the mediation of his envoy W. the chancellor of Lombardy, have. granted to him and to those of his successors who shall obtain this right personally from this apostolic see,-shall approach and consent to the new election.
2. That-lest the disease of venality creep in through any excuse whatever-the men of the church, together with our most serene son king Henry, shall be the leaders in carrying on the election of a pope, the others merely followers.
3. They shall make their choice, moreover, from the lap of this (Roman) church itself, if a suitable man is to be found there. But if not, one shall be chosen from another church.
4. But, if the perversity of depraved and wicked men shall so prevail that a pure, sincere and free election can not be held in Rome, they may have the right and power, even though few in numbers, of electing a pontiff for the apostolic see wherever it may seem to them, together with the most unconquerable king, Henry, to be most suitable. It is to be clearly understood that if, after an election has been held, a time of war, or the endeavour of any man who is prompted by the spirit of malignity, shall prevent him who has been elected from being enthroned according to custom in the apostolic chair: nevertheless he who has been elected shall, as pope, have authority to rule the holy Roman church, and to have the disposal of all its resources; as we know the blessed Gregory to have done before his consecration.
But if, etc.

From:http://www.fordham.edu/halsall/source/papal-elect1059.html

2008-07-13T00:48:00.000-04:00

Concluded May 26, 1868; ratification advised by the Senate June 39, 1868; ratified: by the President July 11, 1868; ratifications exchanged September 18, 1868; proclaimed October 8, 1868.
His Majesty the King of Bavaria and the President of the United States of America, led by the wish to regulate the citizenship of those persons who emigrate from Bavaria to the United States of America, and from the United States of America to the territory of the Kingdom of Bavaria, have resolved to treat on this subject, and have, for' that purpose, appointed Plenipotentiaries to conclude a convention, that is to say:
His Majesty the King of Bavaria, Dr. Otto, Baron of Volderndorff. Councillor of Ministry; and the President of the United States of America, George Bancroft, Envoy Extraordinary and Minister Plenipotentiary;
Who have agreed to and signed the following articles:
ARTICLE I.
Citizens of Bavaria who have become, or shall become, naturalized citizens of the United States of America, and shall have resided uninterruptedly within the United States for five years, shall be held by Bavaria to be American citizens, and shall be treated as such.
Reciprocally, citizens of the United States of America who have become, or shall become, naturalized citizens of Bavaria, and shall have resided uninterruptedly within Bavaria five years, shall be held by the United States to be Bavarian citizens, and shall be treated as such.
The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of naturalization.
ARTICLE II.
A naturalized citizen of the one party on return to the territory of the other party remains liable to trial and punishment for an action punishable by the laws of his original country, and committed before is emigration, saving always the limitation established by the laws of his original country, or any other remission of liability to punishment.
ARTICLE III.
The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United States on the one part, and Bavaria on the other part, the twelfth day of September, one thousand eight hundred and fifty-three, remains in force without change.
ARTICLE IV.
If a Bavarian, naturalized in America, renews his residence in Bavaria. without the intent to return to America, he shall be held to have renounced his naturalization in the United States. Reciprocally, if an American, naturalized in Bavaria, renews his residence in the United States, without the intent to return to Bavaria, he shall be held to have renounced his naturalization in Bavaria. The intent not to return may be held to exist when the person naturalized in the one country resides more than two years in the other country.
ARTICLE V.
The present convention shall go into effect immediately on the exchange of ratifications, and shall continue in force for ten years. If neither party shall have given to the other six months' previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the contracting parties shall have given notice to the other of such intention.
ARTICLE VI.
The present convention shall be ratified by His Majesty the King of Bavaria and by the President, by and with the advice and consent of the Senate of the United States, and the ratifications shall be exchanged at Munich within twelve months from the date thereof.
In faith whereof the Plenipotentiaries have signed and sealed this convention.
MUNICH the 26th, May, 1868.
[SEAL.] GEORGE BANCROFT
[SEAL.] DR. OTTO FHR. VON VOLDERNDORFF
PROTOCOL.
Art 1
Art 2
Art 3
Done at Munich the 26th May, 1868.
The undersigned met to-day to sign the treaty agreed upon in conformity with their respective full powers, relating to the citizenship of those persons who emigrate from Bavaria to the United States of America, and from the United States of America to Bavaria; on which occasion the following observations, more exactly defining and explaining the contents of this treaty, were entered in the following protocol:
I
RELATING TO THE FIRST ARTICLE OF THE TREATY.
1. Inasmuch as the copulative " and " is made use of, it follows, of course, that not the naturalization alone, but an additional-five years' uninterrupted residence is required, before a person can be regarded as coming within the treaty; but it is by no means requisite that the five years' residence should take place after the naturalization. It is hereby further understood that if a Bavarian has been discharged from his Bavarian indigenate, or, on the other side, if an American has been discharged from his American citizenship in the manner legally prescribed by the Government of his original country, and then acquires naturalization in the other country in a rightful and perfectly valid manner, then an additional five years' residence shall no longer be required, but a person so naturalized shall from the moment of his naturalization be held and treated as a Bavarian, and reciprocally as an American citizen.
2. The words " resided uninterruptedly " are obviously to be understood, not of a continual bodily presence, but in the legal sense, and therefore a transient absence, a journey, or the like, by no means interrupts the period of five years contemplated by the first article.
II.
RELATING TO THE SECOND ARTICLE OF THE TREATY.
1. It is expressly agreed that a person who, under the first article, is to be held as an adopted citizen of the other State, on his return to his original country cannot be made punishable for the act of emigration itself, not even though at a later day he should have lost his adopted citizenship.
III.
RELATING TO ARTICLE FOUR OF THE TREATY.
1. It is agreed on both sides that the regulative powers granted to the two Governments respectively by their laws for protection against resident aliens, whose residence endangers peace and order in the land, are not affected by the treaty. In particular the regulation contained in the second clause of the tenth article of the Bavarian military law of the 30th of January, 1868, according to which Bavarians emigrating from Bavaria before the fulfillment of their military duty cannot be admitted to a permanent residence in the land till they shall have become thirty-two years old, is not affected by the treaty. But vet it is established and agreed, that by the expression "permanent residence'' used in the said article, the above described emigrants are not forbidden to undertake a journey to Bavaria for a less period of time and for definite purposes, and the royal Bavarian Government moreover cheerfully declares itself ready, in all cases in which the emigration has plainly taken place in good faith, to allow a mild rule in practice to be adopted.
2. It is hereby agreed that when a Bavarian naturalized in America, and reciprocally an American naturalized in Bavaria, takes up his abode once more in his original country without the intention of return to the country of his adoption, he does by no means thereby recover his former citizenship; on the contrary, in so far.as it relates to Bavaria, it depends on His Majesty the King whether he will or will not in that event grant the Bavarian citizenship anew.
The article fourth shall accordingly have only this meaning, that the adopted country of the emigrant cannot prevent him from acquiring once more his former citizenship; but not that the State to which the emigrant originally belonged is bound to restore him at once to his original relation.
On the contrary, the citizen naturalized abroad must first apply to be received back into his original country in the manner prescribed by its laws and regulations, and must acquire citizenship anew, exactly like any other alien.
But yet it is left to his own free choice whether he will adopt that course or will preserve the citizenship of the country of his adoption.
The two Plenipotentiaries give each other mutually the assurance that their respective Governments in ratifying this treaty will also regard as approved and will maintain the agreements and explanations contained in the present protocol, without any further formal ratification of the same.
GEORGE BANCROFT.
DR. OTTO FHR. VON VOLDERNDORFF.

From: http://www.yale.edu/lawweb/avalon/diplomacy/germany/bav02.htm

30 years war source

2008-07-12T01:18:00.000-04:00

How violently the restless Jesuits and their followers are exerting themselves to undo, by their absurd interpretations and preposterous attacks, the precious and solemnly ratified Religious Peace [of Augsburg] which was drawn up long years ago for many weighty reasons by his Roman Imperial Majesty and all the estates of the empire, is but too clear. Nay, they would completely abolish it and then do away altogether with our true Christian religion, in which we were born and brought up and in which we would live and die. All this is sufficiently proved by the innumerable, violent, and poisonous books which they issue throughout the Roman Empire, directed against the said Religious Peace and its clear provisions, declaring it to be no more than ad interim,-a temporary concession of toleration, designed to last only until the conclusion of the Council of Trent; even going so far as to imply that his Imperial Majesty of happy memory had no authority to arrange the peace among the estates of the empire without the consent of the pope. Moreover they stir up harsh persecutions hitherto unheard of in the Holy Roman Empire, all with a view to accomplishing their end,- namely, to promote discord among the estates of the Holy Roman Empire, to rouse the several governments against their subjects and vice versa, and to check and suppress our true Christian religion and bring it back into the condition and contempt in which it was before the establishment of the religious and secular peace.
We know, however, that his Roman Imperial Majesty [Rudolf II] and the peace-loving Catholic estates, with their Christian and loyal German feelings, have no pleasure in the dangerous practices of the Jesuits and their adherents. . . . Moreover, since the nature and character of the Jesuits and their followers are as notorious among Catholics as among Protestants, and since what they have been up to in Sweden, Poland, France, the Netherlands, and, recently, in Italy, is well known, they should be estimated accordingly and precautions taken against their dangerous plots.

from

first attack at Schenectady

2008-07-10T23:19:00.002-04:00

This sad story should not pass from our memory but remain engraved on it and we should grieve over our sins rather than bewail our loss, for it is clearly shown that when the measure of our iniquities is full, we are cut down and almost exterminated, of which the present smoking ruins of houses and barns bear ample witness before the eyes of our few remaining people. As to the causes of this bloody war, which they pretend originated with us, jealousy arising from the trading of our people...seems to be the principal one, for the Indians, that is to say, the Five Nations, were very friendly disposed toward us. The French begrudged us this and therefore made every effort to make them hostile to us.... The French...invited several Indians to come into the[ir]...fort to be entertained...but they met with a different reception, for as soon as they entered the fort they were bound securely and carried off to Cubeck [Quebec], to the number of 60.... Having at once assembled an army, [the French]...marched against the Indians...with the intention of destroying them, but this failed. The Indians were so embittered by this that like madmen they fell upon the French farmers, murdering and burning to revenge this breach of faith, so that many suffered great loss and damage. Showing themselves greatly perturbed about this and holding us responsible for it...they [the French] found and cruelly murdered the Dutch, saying: "The Dutch are urging you to fight against us, therefore we shall excuse you"....
The bloodthirsty people [the French and their Indian allies], then, to accomplish their evil purpose, according to their own statement made the journey from Canada to this place in 11 days.... They divided themselves into three troops and after they had everything well spied out and found that the gates were open and that nowhere there was any sentinel on duty and that on account of the heavy snow which had fallen the day before no one had been in the woods by whom they could have been detected, the full wrath of God was poured out over us. Having posted three or four men before every house, they attacked simultaneously at the signal of a gun. They first set fire to the house of Adam Vroman, who when he offered resistance was shot through the hand. After several shots had been fired, his wife, hoping to find an opportunity to get away, opened the back door, whereupon she was immediately shot dead and devoured by the flames.... His eldest daughter...had her mother's child on her arm.... Asked...whether the child was heavy...she said yes, whereupon [one of the invaders]...took the child form her and taking it by the legs dashed its head against the sill of the house, so that the brains scattered over the bystanders....
The women and children fled mostly into the woods, almost naked and there many froze to death.... Oh, we poor, miserable people, how we were scattered during that dreadful night, the husband being separated from his wife and the children from both, one hiding for 2 or 3 days in the woods and in swampy and marshy land, where God in His mercy nevertheless did not forget them....
The rest, then, who escaped the bloody sword, were condemned to be prisoners, but here again God's guiding hand clearly appears, for many sorrowful women and children and some old men, seeing this dreadful journey ahead of them, which meant practically death, doubtless offered up their prayers to God, who from the depths of their woe granted them delivery.... Considering that the old men and children and also the women would be a hindrance to them in their flight, they [the French and their allies] discharged them from their place of confinement to the great joy of all....
In all as many as 60 people have been murdered by these fiends and 40 houses and 22 barns, all filled with cattle, have been almost completely destroyed.

From: http://www.digitalhistory.uh.edu/documents/documents_p2.cfm?doc=238

2008-07-10T00:32:00.000-04:00

Albeit the king's Majesty justly and rightfully is and ought to be the supreme head of the Church of England, and so is recognized by the clergy of this realm in their convocations, yet nevertheless, for corroboration and confirmation thereof, and for increase of virtue in Christ's religion within this realm of England, and to repress and extirpate all errors, heresies, and other enormities and abuses heretofore used in the same, be it enacted, by authority of this present Parliament, that the king, our sovereign lord, his heirs and successors, kings of this realm, shall be taken, accepted, and reputed the only supreme head in earth of the Church of England, called Anglicans Ecclesia; and shall have and enjoy, annexed and united to the imperial crown of this realm, as well the title and style thereof, as all honors, dignities, preeminences, jurisdictions, privileges, authorities, immunities, profits, and commodities to the said dignity of the supreme head of the same Church belonging and appertaining; and that our said sovereign lord, his heirs and successors, kings of this realm, shall have full power and authority from time to time to visit, repress, redress, record, order, correct, restrain, and amend all such errors, heresies, abuses, offenses, contempts and enormities, whatsoever they be, which by any manner of spiritual authority or jurisdiction ought or may lawfully be reformed, repressed, ordered, redressed, corrected, restrained, or amended, most to the pleasure of Almighty God, the increase of virtue in Christ's religion, and for the conservation of the peace, unity, and tranquility of this realm; any usage, foreign land, foreign authority, prescription, or any other thing or things to the contrary hereof notwithstanding.

Act of Supremecy quoted from:http://www.thenagain.info/Classes/Sources/ActSupremacy.html

Garibaldi's report on the conquest of Naples

2008-07-08T23:57:00.000-04:00

Having reached the strait, it became necessary to cross it. To have reinstated Sicily in the great Italian family was certainly a glorious achievement. But what then were we, in compliance with diplomacy, to leave our country incomplete and maimed? What of the two Calabrias, and Naples, awaiting us with open arms? And the rest of Italy still enslaved by the foreigner and the priest? We were clearly bound to pass the strait, despite the utmost vigilance of the Bourbons and their adherents.

Our entry into the great capital sounds more imposing than it was in reality. Accompanied by a small staff, I passed through the midst of the Bourbon troops still in occupation, who presented arms far more obsequiously than they did at that time to their own generals.

September 7th, 1860!-which of the sons of Parthenope will not remember that glorious day? On September 7th fell the abhorred dynasty which a great English statesman had called 'The curse of God', and on its ruins rose the sovereignty of the people, which, by some unhappy fatality, never lasts long.

... Though the Bourbon army was still in possession of the forts and the principal points of the city, whence they could easily have destroyed it, yet the applause and the impressive conduct of this great populace sufficed to ensure their harmlessness on September 7th, 1860.

I entered Naples with the whole of the southern army as yet a long way off in the direction of the Straits of Messina, the King of Naples having, on the previous day, quitted his palace to retire to Capua.

The royal nest, still warm, was occupied by the emancipators of the people, and the rich carpets of the royal palace were trodden by the heavy boots of the plebeian.

At Naples, as in all places we had passed through since crossing the strait, the populace were sublime in their enthusiastic patriotism, and the resolute tone assumed by them certainly had no small share in the brilliant results obtained.

Another circumstance very favourable to the national cause was the tacit consent of the Bourbon navy, which, had it been entirely hostile, could have greatly retarded our progress towards the capital. In fact, our steamers transported the divisions of the southern army along the whole Neapolitan coast without let or hindrance, which could not have been done in the face of any decided opposition on the part of the navy.

From: http://www.fordham.edu/halsall/mod/1860garibaldi.html

Via http://faculty.valenciacc.edu/ckillinger/SIHS/Links%20to%20Documents.htm#full%20text%20primary

2008-07-08T01:58:00.000-04:00

Towards the middle of the sixth century B.C., and a few years after the death of Nebuchadnezzar (Nabuchodonosor) the Great, King of Babylon (605-562 B.C.), Western Asia was divided into three kingdoms: the Babylonian Empire, Media, and Lydia; and it was only a question of time which of the three would annihilate the other two. Astyages (585-557 B.C.), the successor of Cyaxares (625-585 B.C.), being engaged in an expedition against Babylonia and Mesopotamia, Cyrus, Prince of Anzan, in Elam, profiting by his absence, fomented a rebellion in Media. Astyages, hearing of the revolt, immediately returned, but was defeated and overthrown by Cyrus, who was proclaimed King of Media. Thus, with the overthrow of Astyages and the accession of Cyrus to the throne, the Median Empire passed into the hands of the Persians (550 B.C.). In 549, Cyrus invaded Assyria and Babylonia; in 546 he attacked Croesus of Lydia, defeated him, and annexed Asia Minor to his realm; he then conquered Bactriana and, in 539, marched against Babylon. In 538 Babylon surrendered, Nabonidus fled, the Syro-Phoenician provinces submitted, and Cyrus allowed the Hebrews to return to Palestine. But in 529 he was killed in battle, and was succeeded by Cambyses, the heir apparent, who put his brother Smerdis to death. In 525 Cambyses, aided by a Phoenician fleet, conquered Egypt and advanced against the Sudan, but was compelled to return to Egypt. On his way home, and while in Syria, being informed that Gaumata, a Magian, pretending to be the murdered Smerdis, had seized the throne, Cambyses committed suicide (522) and was succeeded, in 531, by Darius Hystaspes, who, with six other princes, succeeded in overthrowing the usurper Gaumata.

With the accession of Darius, the throne passed to the second line of descendants of Teispes II, and thus the Elamite dynasty came to an end. This was soon followed by a general revolt in all the provinces, including Babylon, where a son of Nabonidus was proclaimed king. Susiana also rose up in arms, and Darius was confronted with the task of reconquering the empire founded by Cyrus. In 519 Babylon was conquered, all the other provinces, including Egypt, were pacified, and the whole empire reorganized and divided into satrapies with fixed administration and taxes. In 515 the Asiatic Greeks began to rebel, but were crushed by Darius. Thence he marched to the Indus and subjugated the country along its banks. In 499 the Ionians revolted, but were defeated and the city of Miletus destroyed (494 B.C.). In 492 Mardonius, one of Darius's generals, set out to reconquer Greece, concentrating all his forces in Cilicia; but the Persians were defeated at Marathon (490 B.C.). In 485 Darius was succeeded by his son, Xerxes I, who immediately set out to reconquer Egypt and Babylon, and renewed the war against Greece. After the indecisive battles of Thermopylæ and Artemisium, he was defeated by Themistocles at Salamis near Athens (480). During the years 479-465, Xerxes met with constant reverses; he gradually lost Attica, Ionia, the Archipelago, and Thrace, and at last was assassinated by Artabanus and Artaxerxes. The latter, becoming king as Artaxerxes I, in 464 quelled revolts in Bactria and Egypt in the year 454. In 449, the Persian fleet and army having been again defeated near Salamis, in Cyrus, a treaty of peace was made between Persia and Athens. Artaxerxes died in 424 and was succeeded by his eldest son, Xerxes II, who reigned but forty-five days and was murdered by his half-brother Sogdianus. Sogdianus reigned six months and was murdered by Nothus, who ascended the throne in 423 as Darius II Nothus (the Bastard).

http://www.newadvent.org/cathen/11712a.htm

A sample of what I've been working on

2008-07-07T00:33:00.000-04:00

These are a few begining paragraphs... Open to suggestions/criticisms

"This is to be a work with two related, yet vastly different purposes. The first is to chronicle the experiences of two families across 140 years of European and American history. Besides being a personal record, I also hope to contribute to the Italian American historiagraphy, expanding to a new generation the path blazed by Andrew Rolle, Jerre Mangione, Ben Morreale, Richard Gambino, and so many others.

Just as all but a handful of World War I veterans are dead, the same is true of the vast majority of the Southern and Eastern Europeans who were able to get in before the 1921 and 1924 quota acts closed the gates. The last immigrants who would remember their home countries would be in their mid 80's or older. History is a one way hour glass, how many grains of sand get recorded as they fall is up to us, and we are swiftly running out of grains of sand.

I am both an heir and a participant to the experiences of the two families in question. I have sufficient distance to see through the potential fallacies and biases of the primary sources, yet close enough to those primary sources to respect what they sacrificed and accomplished."

2008-07-05T23:14:00.001-04:00

Arrival on Canadian soil often had a powerful impact on fugitive slaves reaching the end of a dangerous journey to freedom. One observer reported that "they seemed to be transformed; a new light shone in their eyes...." Letters written by black refugees back to American friends reflect Canada's transforming effect. Fugitive Thomas H. Jones offered his reaction in a letter to Daniel Foster, his Massachusetts benefactor. Jones, who had escaped from slavery two years earlier, was forced by slave catchers to flee to the Maritime Provinces, leaving his wife nand children with friends in Salem, Massachusetts. Even so, Jones confided to Foster that, upon arriving in Canada, he felt for the first tim, "that my bones are a property bequeathed to me for my own use." Hill, Freedom-Seekers, 59; Lib[ The Liberator], 30 May 1851.

St. John, N[ew] B[runswick]
May 5, 1851

DEAR BROTHER: (1)

From my knowledge of your generous nature and kind Christian hospitality, I know it will be a source of pleasure to you to be informed of my safe arrival here on British ground. Quite free from terror, I now feel that my bones are a property bequeathed to me for my own use, and not for the servitude or gratification of the white man, in that gloomy and sultry region, where the hue of the skin has left my race in thraldom and misery for ages.

O, my dear friend! how good it is to live on the poorest fare, where the mind may apply its immortal powers to the contemplation of heaven and heavenly things, unawed by the monsters who would tie us to a tree and scourge us in our nakedness for attempting to worship the Creator in spirit and in truth!

The atrocity of the hideous system under which I groaned for more than forty years was never so strikingly demonstrated to my mind as it has been by breathing under the auspices and protection of a Government that allows all its children to go abroad in the true liberty of nature, every person free to frequent the altar or the sanctuary to which Conscience would lead him; no cause for degradation but vice, and no lever of promotion but virtue and intelligence.

I begin to see clearly, and to hope with reason, that the Refugee Law has or will awaken the world to a sense of our deep wrongs; and I feel warranted in saying, that the nations of the earth will soon give an expression of opinion upon our cause which will shame the southern white man out of his cruelty, and cause him to unchain his sable victims. The Ethiopian will ere long be redeemed from his bondage, (2) for Jehovah will be his Emancipator, as he is his King, Creator and Judge.

As to this Province, I have found a home of refuge, full of true, warm, generous Christians, whose hearts, abounding with the love of God, are full of sympathy for the slave, whom they will help to free in due time, as far as human means can extend. The citizens of St. John have received me in the spirit of brotherhood, and only that my mission calls me beyond the seas, I might remain here, and be an instrument of good for many years to come.

In a few days, I proceed to Halifax, and thence to England, as soon as circumstances will permit. (3) Hoping that you will remember me to every kind friend taking an interest in my destinies, I am, Your brother in Christ,

THOMAS H. JONES (4)

P.S. Wherever I preach or lecture, I am followed by enthusiastic houses.

T. H. J.

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Scholarly and bibliographic notes from The Black Abolitionist Papers.
Some bibliographic citations reference the microform edition of the The Black Abolitionist Papers which was published by Microfilming Corporation of America. Square brackets contain the reel number, a colon, and then the frame number, of the microfilm edition where there citation can be found: [reel #: frame #]

1. Daniel Foster (?-1864), a Massachusetts minister, studied at Dartmouth and Andover. He embraced Garrisonian abolitionism in 1848 and served as an agent for the Massachusetts Anti-Slavery Society in the early 1850s but broke with the Garrisonians in 1853. He taught at a black school in Boston for a time, served briefly as chaplain of the state house of representatives (1857), and joined the free settlers struggle in Kansas. Foster enlisted in the Union army in 1862 as a chaplain and received a captain's commission before he was killed in action at Chapin's Bluff, Virginia. Lib [The Liberator], 21 June 1861, 25 March, 17 August 1862, 29 November 1863, 21 October 1864; WAA [Weekly Anglo-African], 29 October 1864; NASS [National Anti-Slavery Standard], 6 June 1863.

2. Jones refers to members of the black race, particularly New World slaves.

3. Jones intended to leave for London during the month in order to be an anti-slavery representative at the Great Exhibition of 1851. In July 1852, he was still planning to visit England to solicit funds to purchase his wife's son out of slavery in North Carolina. No evidence exists to suggest that Jones ever crossed the Atlantic to Britain. Lib [The Liberator], 30 May 1851, 13 August 1852 [7: 0697].

4. Thomas H. Jones (1806-?) was born to slave parents near Wilmington, North Carolina. He lived on the plantation of John Hawes until about 1815, when he was sold to a Wilmington storekeeper from whom the slave obtained his surname. While working as a house servant, then a store clerk, Jones obtained a rudimentary education. Upon reaching adulthood, he married a slave named Lucilla Smith, and they produced three children before being separated several years later when her mistress moved to Alabama. Following his master's death in 1829, Jones was sold to Owen Holmes of Wilmington, who hired him out as a stevedore. By the mid-1830s, convinced that he would never see his family again, Jones remarried, this time to a slave named Mary R. Moore. She bore several children before Jones purchased her out of slavery. They lived in the free black community of Wilmington until 1849, when a white lawyer friend warned Jones about plans to reenslave his children, who were technically still slaves. The lawyer attempted to maneuver a special act for their emancipation through the North Carolina legislature. When this effort failed, Jones sent his wife and children—except a son, Edward, who remained in slavery—to safety in the free states. In August 1849, Jones stowed away on the brig Bell until it reached New York, where he rejoined his family. He was quickly drawn into the antislavery movement, and lectured for several months in Connecticut and western Massachusetts before settling in Salem, where he preached regularly at the local Wesleyan Church. At the 1850 meeting of the Massachusetts Anti-Slavery Society, he defended William Lloyd Garrison against clerical critics, which gained him the attention of Garrisonians and earned him the friendship and support of Massachusetts clergyman-abolitionist Daniel Foster. In May 1851, the threat of slave catchers forced Jones to flee to the Maritime Provinces, leaving his family behind in Salem. Basing himself in St. John, he gave antislavery lectures throughout New Brunswick and Nova Scotia, frequently attracting sizable audiences. He also enlisted subscribers for the Liberator. Word reached Jones in 1852 that he could purchase his eldest son Edward for $850. His wife raised $324 in the Boston area, but the remainder came in slowly, so Jones turned his full attention toward redeeming his son from slavery. He solicited contributions throughout the Maritimes and considered a fund-raising tour of England that never materialized. Jones returned to Massachusetts in August 1853. His treatment on the steamer Eastern City during the trip back briefly made him an antislavery cause célèbre; a clerk who had assaulted Jones during the voyage to Boston and forced him to pass the night on deck was eventually arrested for his actions. After arriving in Boston, Jones toured New England and penned his narrative, The Experience of Thomas Jones (1854), to raise funds to free his son. Although Jones's narrative sold well, it remains unclear when (or if) he completed his son's purchase. But by 1859 he had settled in Worcester, Massachusetts, and reemerged as a minor figure in the antislavery movement. He attracted considerable attention with a speech given before the August 1859 New England Colored Citizens' Convention in Boston, in which he urged black Americans to militantly "strike for liberty." He also became a vocal critic of black emigration projects, particularly those advocated by the African Civilization Society. Jones continued to reside in Worcester through 1862. Thomas H. Jones, The Experience of Thomas Jones, Who was a Slave for Forty-Three Years (Springfield, Mass., 1854); Massachusetts Anti-Slavery Society, Eighteenth Annual Report (1850), 98 [6:0364]; Lib [The Liberator], 30 May 1851, 13 August 1852, 19 August, 2 September 1853, 18 August 1854 [6:0949, 7:0697, 8:0430]; Thomas H. Jones to William Lloyd Garrison, 10 February 1854, Anti-Slavery Collection, MB [Boston Public Library and Easter Massachusetts Regional Library System, Boston, Massachusetts] [8:0650-51]; Foner and Walker, Proceedings of Black State Conventions, 2: 216, 223; Worcester City Directory, 1860-62.

from: http://docsouth.unc.edu/fpn/jones/support1.html

2008-07-05T00:20:00.002-04:00

To Aleanor, Queen of England. From [Rotrou] the Archbishop of Rouen & his Suffragens:

Greetings in the search for peace --

Marriage is a firm and indissoluble union. This is public knowledge and no Christian can take the liberty to ignore it. From the beginning biblical truth has verified that marriage once entered into cannot be separated. Truth cannot deceive: it says, "What God has joined let us not put asunder [Matt 19]." Truly, whoever separates a married couple becomes a transgressor of the divine commandment.

So the woman is at fault who leaves her husband and fails to keep the trust of this social bond. When a married couple becomes one flesh, it is necessary that the union of bodies be accompanied by a unity and equality of spirit through mutual consent. A woman who is not under the headship of the husband violates the condition of nature, the mandate of the Apostle, and the law of Scripture: "The head of the woman is the man [Ephes 5]." She is created from him, she is united to him, and she is subject to his power.

We deplore publicly and regretfully that, while you are a most prudent woman, you have left your husband. The body tears at itself. The body did not sever itself from the head, but what is worse, you have opened the way for the lord king's, and your own, children to rise up against the father. Deservedly the prophet says, "The sons I have nurtured and raised, they now have spurned me [Isaiah 1]." As another prophet calls to mind, "If only the final hour of our life would come and the earth's surface crack open so that we might not see this evil"!

We know that unless you return to your husband, you will be the cause of widespread disaster. While you alone are now the delinquent one, your actions will result in ruin for everyone in the kingdom. Therefore, illustrious queen, return to your husband and our king. In your reconciliation, peace will be restored from distress, and in your return, joy may return to all. If our pleadings do not move you to this, at least let the affliction of the people, the imminent pressure of the church and the desolation of the kingdom stir you. For either truth deceives, or "every kingdom divided against itself will be destroyed [Luke 11]." Truly, this desolation cannot be stopped by the lord king but by his sons and their allies.

Against all women and out of childish counsel, you provoke disaster for the lord king, to whom powerful kings bow the neck. And so, before this matter reaches a bad end, you should return with your sons to your husband, whom you have promised to obey and live with. Turn back so that neither you nor your sons become suspect. We are certain that he will show you every possible kindness and the surest guarantee of safety.

I beg you, advise your sons to be obedient and respectful to their father. He has suffered many anxieties, offenses and grievances. Yet, so that imprudence might not demolish and scatter good will (which is acquired at such toil!), we say these things to you, most pious queen, in the zeal of God and the disposition of sincere love.

Truly, you are our parishioner as much as your husband. We cannot fall short in justice: Either you will return to your husband, or we must call upon canon law and use ecclesiastical censures against you. We say this reluctantly, but unless you come back to your senses, with sorrow and tears, we will do so.

From:http://www.fordham.edu/halsall/source/eleanor.html

2008-07-05T00:20:00.001-04:00

Leif the Lucky Baptized

After the sixteen winters had lapsed, from the time when Eric the Red went to colonize Greenland, Leif, Eric's son, sailed out from Greenland to Norway. He arrived in Drontheim in the autumn, when King Olaf Tryggvason was come down from the North, out of Halagoland. Leif put into Nidaros with his ship, and set out at once to visit the king. King Olaf expounded the faith to him, as he did to other heathen men who came to visit him. It proved easy for the king to persuade Leif, and he was accordingly baptized, together with all of his shipmates. Leif remained throughout the winter with the king, by whom he was well entertained.

Biarni Goes in Quest of Greenland

Heriulf was a son of Bard Heriulfsson. He was a kinsman of Ingolf, the first colonist. Ingolf allotted land to Heriulf between Vag and Reykianess, and he dwelt at first at Drepstokk. Heriulf's wife's name was Thorgerd, and their son, whose name was Biarni, was a most promising man. He formed an inclination for voyaging while he was still young, and he prospered both in property and public esteem. It was his custom to pass his winters alternately abroad and with his father. Biarni soon became the owner of a trading-ship; and during the last winter that he spent in Norway [his father] Heriulf determined to accompany Eric on his voyage to Greenland, and made his preparations to give up his farm. Upon the ship with Heriulf was a Christian man from the Hebrides; he it was who composed the Sea-Roller's Song, which contains this stave:

"Mine adventure to the Meek One, Monk-heart-searcher, I commit now; He, who heaven's halls doth govern, Hold the hawk's-seat ever o'er me!"

Heriulf settled at Heriulfsness, and was a most distinguished man. Eric the Red dwelt at Brattahlid, where he was held in the highest esteem, and all men paid him homage. These were Eric's children: Leif, Thorvald, and Thorstein, and a daughter whose name was Freydis; she was wedded to a man named Thorvard, and they dwelt at Gardar, where the episcopal seat now is. She was a very haughty woman, while Thorvard was a man of little force of character, and Freydis had been wedded to him chiefly because of his wealth. At that time the people of Greenland were heathen.

Biarni arrived with his ship at Eyrar [in Iceland] in the summer of the same year, in the spring of which his father had sailed away. Biarni was much surprised when he heard this news, and would not discharge his cargo. His shipmates inquired of him what he intended to do, and he replied that it was his purpose to keep to his custom, and make his home for the winter with his father; "and I will take the ship to Greenland, if you will bear me company." They all replied that they would abide by his decision. Then said Biarni, "Our voyage must be regarded as foolhardy, seeing that no one of us has ever been in the Greenland Sea." Nevertheless, they put out to sea when they were equipped for the voyage, and sailed for three days, until the land was hidden by the water, and then the fair wind died out, and north winds arose, and fogs, and they knew not whither they were drifting, and thus it lasted for many "doegr." Then they saw the sun again, and were able to determine the quarters of the heavens; they hoisted sail, and sailed that "doegr" through before they saw land. They discussed among themselves what land it could be, and Biarni said that he did not believe that it could be Greenland. They asked whether he wished to sail to this land or not. "It is my counsel" [said he] "to sail close to the land." They did so, and soon saw that the land was level, and covered with woods, and that there were small hillocks upon it. They left the land on their larboard, and let the sheet turn toward the land. They sailed for two "doegr" before they saw another land. They asked whether Biarni thought this was Greenland yet. He replied that he did not think this any more like Greenland than the former, "because in Greenland there are said to be many great ice mountains." They soon approached this land, and saw that it was a flat and wooded country. The fair wind failed them then, and the crew took counsel together, and concluded that it would be wise to land there, but Biarni would not consent to this. They alleged that they were in need of both wood and water. "Ye have no lack of either of these," says Biarni¬a course, forsooth, which won him blame among his shipmates. He bade them hoist sail, which they did, and turning the prow from the land they sailed out upon the high seas, with south-westerly gales, for three "doegr," when they saw the third land; this land was high and mountainous, with ice mountains upon it. They asked Biarni then whether he would land there, and he replied that he was not disposed to do so, "because this land does not appear to me to offer any attractions." Nor did they lower their sail, but held their course off the land, and saw that it was an island. They left this land astern, and held out to sea with the same fair wind. The wind waxed amain, and Biarni directed them to reef, and not to sail at a speed unbefitting their ship and rigging. They sailed now for four "doegr," when they saw the fourth land. Again they asked Biarni whether he thought this could be Greenland or not. Biarni answers, "This is likest Greenland, according to that which has been reported to me concerning it, and here we will steer to the land." They directed their course thither, and landed in the evening, below a cape upon which there was a boat, and there, upon this cape, dwelt Heriulf, Biarni's father, whence the cape took its name, and was afterward called Heriulfsness. Biarni now went to his father, gave up his voyaging, and remained with his father while Heriulf lived, and continued to live there after his father.

Here Begins the Brief History of the Greenlanders

Next to this is now to be told how Biarni Heriulfsson came out from Greenland on a visit to Earl Eric, by whom he was well received. Biarni gave an account of his travels [upon the occasion] when he saw the lands, and the people though that he had been lacking in enterprise, since he had no report to give concerning these countries; and the fact brought him reproach. Biarni was appointed one of the Earl's men, and went out to Greenland the following summer. There was now much talk about voyages of discovery. Leif, the son of Eric the Red, of Brattahlid, visited Biarni Heriulfsson and bought a ship of him, and collected a crew, until they formed altogether a company of thirty-five men. Leif invited his father, Eric, to become the leader of the expedition, but Eric declined, saying that he was then stricken in years, and adding that he was less able to endure the exposure of sea life than he had been. Leif replied that he would nevertheless be the one who would be most apt to bring good luck and Eric yielded to Leif's solicitation, and rode from home when they were ready to sail. When he was but a short distance from the ship, the horse which Eric was riding stumbled, and he was thrown from his back and wounded his foot, whereupon he exclaimed, "It is not designed for me to discover more lands than the one in which we are now living, nor can we now continue longer together." Eric returned home to Brattahlid, and Leif pursued his way to the ship with his companions, thirty-five men. One of the company was a German, named Tyrker. They put the ship in order; and, when they were ready, they sailed out to sea, and found first that land which Biarni and his shipmates found last. They sailed up to the land, and cast anchor, and launched a boat, and went ashore, and saw no grass there. Great ice mountains lay inland back from the sea, and it was as a [tableland of] flat rock all the way from the sea to the ice mountains; and the country seemed to them to be entirely devoid of good qualities. Then said, Leif "It has not come to pass with us in regard to this land as with Biarni, that we have not gone upon it. To this country I will now give a name, and call it Helluland." They returned to the ship, put out to sea, and found a second land. They sailed again to the land, and came to anchor, and launched the boat, and went ashore. This was a level wooded land; and there were broad stretches of white sand where they went, and the land was level by the sea. Then said Leif, "This land shall have a name after its nature; and we will call it Markland." They returned to the ship forthwith, and sailed away upon the main with north-east winds, and were out two "doegr" before they sighted land. They sailed toward this land, and came to an island which lay to the northward off the land. There they went ashore and looked about them, the weather being fine, and they observed that there was dew upon the grass, and it so happened that they touched the dew with their hands, and touched their hands to their mouths, and it seemed to them that they had never before tasted anything so sweet as this. They went aboard their ship again and sailed into a certain sound, which lay between the island and a cape, which jutted out from the land on the north, and they stood in westering past the cape. At ebb-tide, there were broad reaches of shallow water there, and they ran their ship aground there, and it was a long distance from the ship to the ocean; yet were they so anxious to go ashore that they could not wait until the tide should rise under their ship, but hastened to the land, where a certain river flows out from a lake. As soon as the tide rose beneath their ship, however, they took the boat and rowed to the ship, which they conveyed up the river, and so into the lake, where they cast anchor and carried their hammocks ashore from the ship, and built themselves booths there. They afterward determined to establish themselves there for the winter, and they accordingly built a large house. There was no lack of salmon there either in the river or in the lake, and larger salmon than they had ever seen before. The country thereabouts seemed to be possessed of such good qualities that cattle would need no fodder there during the winters. There was no frost there in the winters, and the grass withered but little. The days and nights there were of more nearly equal length than in Greenland or Iceland. On the shortest day of winter, the sun was up between "eykarstad" and "dagmalastad." When they had completed their house, Leif said to his companions, "I propose now to divide our company into two groups, and to set about an exploration of the country. One-half of our party shall remain at home at the house, while the other half shall investigate the land; and they must not go beyond a point from which they can return home the same evening, and are not to separate [from each other]. Thus they did for a time. Leif, himself, by turns joined the exploring party, or remained behind at the house. Leif was a large a powerful man, and of a most imposing bearing¬a man of sagacity, and a very just man in all things.

Leif the Lucky Finds Men Upon a Skerry at Sea

It was discovered one evening that one of their company was missing; and this proved to be Tyrker, the German. Leif was sorely troubled by this, for Tyrker had lived with Leif and his father for a long time, and had been very devoted to Leif when he was a child. Leif severely reprimanded his companions, and prepared to go in search of him, taking twelve men with him. They had proceeded but a short distance from the house, when they were met by Tyrker, whom they received most cordially. Leif observed at once that his foster-father was in lively spirits. Tyrker had a prominent forehead, restless eyes, small features, was diminutive in stature, and rather a sorry-looking individual withal, but was, nevertheless, a most capable handicraftsman. Leif addressed him, and asked, "Wherefore art thou so belated, foster-father mine, and astray from the others?" In the beginning Tyrker spoke for some time in German, rolling his eyes and grinning, and they could not understand him; but after a time he addressed them in the Northern tongue: "I did not go much further [than you], and yet I have something of novelty to relate. I have found vines and grapes." "Is this indeed true, foster-father?" said Leif. "Of a certainty it is true," quoth he, "for I was born where there is no lack of either grapes or vines." They slept the night through, and on the morrow Leif said to his shipmates, "We will now divide our labors, and each day will either gather grapes or cut vines and fell trees, so as to obtain a cargo of these for my ship." They acted upon this advice, and it is said that their after-boat was filled with grapes. A cargo sufficient for the ship was cut, and when the spring came they made their ship ready, and sailed away; and from its products Leif gave the land a name, and called it Wineland. They sailed out to sea, and had fair winds until they sighted Greenland and the fells below the glaciers. Then one of the men spoke up and said, "Why do you steer the ship so much into the wind?" Leif answers: "I have my mind upon my steering, but on other matters as well. Do ye not see anything out of the common?" They replied that they saw nothing strange. "I do not know," says Leif, "whether it is a ship or a skerry that I see." Now they saw it, and said that it must be a skerry; but he was so much keener of sight than they that he was able to discern men upon the skerry. "I think it best to tack," says Leif, "so that we may draw near to them, that we may be able to render them assistance if they should stand in need of it; and, if they should not be peaceably disposed, we shall still have better command of the situation than they." They approached the skerry, and, lowering their sail, cast anchor, and launched a second small boat, which they had brought with them. Tyrker inquired who was the leader of the party. He replied that his name was Thori, and that he was a Norseman; "but what is thy name?" Leif gave his name. "Art thou a son of Eric the Red of Brattahlid?" says he. Leif responded that he was. "It is now my wish," says Leif, "to take you all into my ship, and likewise so much of your possessions as the ship will hold." This offer was accepted, and [with their ship] thus laden they held away to Ericsfirth, and sailed until they arrived at Brattahlid. Having discharged the cargo, Leif invited Thori, with his wife, Gudrid, and three others, to make their home with him, and procured quarters for the other members of the crew, both for his own and Thori's men. Leif rescued fifteen persons from the skerry. He was afterwards called Leif the Lucky. Leif had now goodly store both of property and honor. There was serious illness that winter in Thori's party, and Thori and a great number of his people died. Eric the Red also died that winter. There was now much talk about Leif's Wineland journey; and his brother, Thorvald, held that the country had not been sufficiently explored. Thereupon Leif said to Thorvald, "If it be thy will, brother, thou mayest go to Wineland with my ship; but I wish the ship first to fetch the wood which Thori had upon the skerry." And so it was done.

Thorvald Goes to Wineland

Now Thorvald, with the advice of his brother, Leif, prepared to make this voyage with thirty men. They put their ship in order, and sailed out to sea; and there is no account of their voyage before their arrival at Leifs-booths in Wineland. They laid up their ship there, and remained there quietly during the winter, supplying themselves with food by fishing. In the spring, however, Thorvald said that they should put their ship in order, and that a few men should take the after-boat, and proceed along the western coast, and explore [the region] thereabouts during the summer. They found it a fair, well-wooded country. It was but a short distance from the woods to the sea, and [there were] white sands, as well as great numbers of islands and shallows. They found neither dwelling of man nor lair of beast; but in one of the westerly islands they found a wooden building for the shelter of grain. They found no other trace of human handiwork; and they turned back, and arrived at Leifs-booths in the autumn. The following summer Thorvald set out toward the east with the ship, and along the northern coast. They were met by a high wind off a certain promontory, and were driven ashore there, and damaged the keel of their ship, and were compelled to remain there for a long time and repair the injury to their vessel. Then said Thorvald to his companions, "I propose that we raise the keel upon this cape, and call it "Keelness"; and so they did. Then they sailed away to the eastward off the land and into the mouth of the adjoining firth and to a headland, which projected into the sea there, and which was entirely covered with woods. They found an anchorage for their ship, and put out the gangway to the land; and Thorvald and all of his companions went ashore. "It is a fair region here, said he; "and here I should like to make my home." They then returned to the ship, and discovered on the sands, in beyond the headland, three mounds: they went up to these, and saw that they were three skin canoes with three men under each. They thereupon divided their party, and succeeded in seizing all of the men but one, who escaped with his canoe. They killed the eight men, and then ascended the headland again, and looked about them, and discovered within the firth certain hillocks, which they concluded must be habitations. They were then so overpowered with sleep that they could not keep awake, and all fell into a [heavy] slumber from which they were awakened by the sound of a cry uttered above them; and the words of the cry were these: "Awake, Thorvald, thou and all thy company, if thou wouldst save thy life; and board thy ship with all thy men, and sail with all speed from the land!" A countless number of skin canoes then advanced toward them from the inner part of the firth, whereupon Thorvald exclaimed, "We must put out the war-boards on both sides of the ship, and defend ourselves to the best of our ability, but offer little attack." This they did; and the Skrellings, after they had shot at them for a time, fled precipitately, each as best he could. Thorvald then inquired of his men whether any of them had been wounded, and they informed him that no one of them had received a wound. "I have been wounded in my armpit," says he. "An arrow flew in between the gunwale and the shield, below my arm. Here is the shaft, and it will bring me to my end. I counsel you now to retrace your way with the utmost speed. But me ye shall convey to that headland which seemed to me to offer so pleasant a dwelling-place: thus it may be fulfilled that the truth sprang to my lips when I expressed the wish to abide there for a time. Ye shall bury me there, and place a cross at my head, and another at my feet, and call it Crossness forever after." At that time Christianity had obtained in Greenland: Eric the Red died, however, before [the introduction of] Christianity.

Thorvald died; and, when they had carried out his injunctions, they took their departure, and rejoined their companions, and they told each other of the experiences which had befallen them. They remained there during the winter, and gathered grapes and wood with which to freight the ship. In the following spring they returned to Greenland, and arrived with their ship in Ericsfirth, where they were able to recount great tidings to Leif.

Thorstein Ericsson Dies In The Western Settlement

In the mean time it had come to pass in Greenland that Thorstein of Ericsfirth had married, and taken to wife Gudrid, Thorbrion's daughter, [she] who had been the spouse of Thori Eastman, as has been already related. Now Thorstein Ericsson, being minded to make the voyage to Wineland after the body of his brother, Thorvald, equipped the same ship, and selected a crew of twenty-five men of good size and strength, and taking with him his wife, Gudrid, when all was in readiness, they sailed out into the open ocean, and out of sight of land. They were driven hither and thither over the sea all that summer, and lost all reckoning; and at the end of the first week of winter they made the land at Lysufirth in Greenland, in the Western settlement. Thorstein set out in search of quarters for his crew, and succeeded in procuring homes for all of his shipmates; but he and his wife were unprovided for, and remained together upon the ship for two or more days. At this time Christianity was still in its infancy in Greenland. [Here follows the account of Thorstein's sickness and death in the winter.] ... When he had thus spoken, Thorstein sank back again; and his body was laid out for burial, and borne to the ship. Thorstein, the master, faithfully performed all his promises to Gudrid. He sold his lands and live stock in the spring, and accompanied Gudrid to the ship, with all his possessions. He put the ship in order, procured a crew, and then sailed for Ericsfirth. The bodies of the dead were now buried at the church; and Gudrid then went home to Leif at Brattahlid, while Thorstein the Swarthy made a home for himself on Ericsfirth, and remained there as long as he lived, and was looked upon as a very superior man.

Of the Wineland Voyages of Thorfinn and His Companions

That same summer a ship came from Norway to Greenland. The skipper's name was Thorfinn Karlsefni. He was a son of Thord Horsehead, and a grandson of Snorri, the son of Thord of Hofdi. Thorfinn Karlsefni, who was a very wealthy man, passed the winter at Brattahlid with Leif Ericsson. He very soon set his heart upon Gudrid, and sought her hand in marriage. She referred him to Leif for her answer, and was subsequently betrothed to him; and their marriage was celebrated that same winter. A renewed discussion arose concerning a Wineland voyage; and the folk urged Karlsefni to make the venture, Gudrid joining with the others. He determined to undertake the voyage, and assembled a company of sixty men and five women, and entered into an agreement with his shipmates that they should each share equally in all the spoils of the enterprise. They took with them all kinds of cattle, as it was their intention to settle the country, if they could. Karlsefni asked Leif for the house in Wineland; and he replied that he would lend it, but not give it. They sailed out to sea with the ship, and arrived safe and sound at Leifs-booths, and carried their hammocks ashore there. They were soon provided with an abundant and goodly supply of food; for a whale of good size and quality was driven ashore there, and they secured it, and flensed it, and had then no lack of provisions. The cattle were turned out upon the land, and the males soon became very restless and vicious: they had brought a bull with them. Karlsefni caused trees to be felled and to be hewed into timbers wherewith to load his ship, and the wood was placed upon a cliff to dry. They gathered somewhat of all of the valuable products of the land¬grapes, and all kinds of game and fish, and other good things. In the summer succeeding the first winter Skrellings were discovered. A great troop of men came forth from out the woods. The cattle were hard by, and the bull began to bellow and roar with a great noise, whereat the Skrellings were frightened, and ran away with their packs, wherein were gray furs, sables, and all kinds of peltries. They fled towards Karlsefni's dwelling, and sought to effect an entrance into the house; but Karlsefni caused the doors to be defended [against them]. Neither [people] could understand the other's language. The Skrellings put down their bundles then, and loosed them, and offered their wares [for barter], and were especially anxious to exchange these for weapons; but Karlsefni forbade his men to sell their weapons, and, taking counsel with himself, he bade the women carry out milk to the Skrellings, which they no sooner saw than they wanted to buy it, and nothing else. Now the outcome of the Skrellings' trading was that they carried their wares away in their stomachs, while they left their packs and peltries behind with Karlsefni and his companions, and, having accomplished this [exchange], they went away. Now it is to be told that Karlsefni caused a strong wooden palisade to be constructed and set up around the house. It was at this time that Gudrid, Karlsefni's wife, gave birth to a male child, and the boy was called Snorri. In the early part of the second winter the Skrellings came to them again, and these were now much more numerous than before, and brought with them the same wares as at first. Then said Karlsefni to the women, "Do ye carry out now the same food which proved so profitable before, and nought else." When they saw this, they cast their packs in over the palisade. Gudrid was sitting within, in the doorway, beside the cradle of her infant son, Snorri, when a shadow fell upon the door, and a woman in a black namkirtle entered. She was short in stature, and wore a fillet about her head; her hair was of a light chestnut color, and she was pale of hue, and so big-eyed that never before had eyes so large been seen in a human skull. She went up to where Gudrid was seated, and said, "What is thy name?" "My name is Gudrid, but what is thy name?" "My name is Gudrid," says she. The housewife Gudrid motioned her with her hand to a seat beside her; but it so happened that at that very instant Gudrid heard a great crash, whereupon the woman vanished, and at that same moment one of the Skrellings, who had tried to seize their weapons, was killed by one of Karlsefni's followers. At this the Skrellings fled precipitately, leaving their garments and wares behind them; and not a soul, save Gudrid alone, beheld this woman. "Now we must needs takes counsel together," says Karlsefni; "for that I believe they will visit us a third time in great numbers, and attack us. Let us now adopt this plan. Ten of our number shall go out upon the cape, and show themselves there; while the remainder of our company shall go into the woods and hew a clearing for our cattle, when the troop approaches from the forest. We will also take our bull, and let him go in advance of us." The lie of the land was such that the proposed meeting-place had the lake upon the one side and the forest upon the other. Karlsefni's advice was now carried into execution. The Skrellings advanced to the spot which Karlsefni had selected for the encounter; and a battle was fought there, in which great numbers of the band of the Skrellings were slain. There was one man among the Skrellings, of large size and fine bearing, whom Karlsefni concluded must be their chief. One of the Skrellings picked up an axe; and, having looked at it for a time, he brandished it about one of his companions, and hewed at him, and on the instant the man fell dead. Thereupon the big man seized the axe; and, after examining it for a moment, he hurled it as far as he could out into the sea. Then they fled helter skelter into the woods, and thus their intercourse came to an end. Karlsefni and his party remained there throughout the winter; but in the spring Karlsefni announces that he is not minded to remain there longer, but will return to Greenland. They now made ready for the voyage, and carried away with them much booty in vines and grapes and peltries. They sailed out upon the high seas, and brought their ship safely to Ericsfirth, where they remained during the winter.

Freydis Causes the Brothers to be Put to Death

There was now much talk about a Wineland voyage, for this was reckoned both a profitable and an honorable enterprise. The same summer that Karlsefni arrived from Wineland a ship from Norway arrived in Greenland. This ship was commanded by two brothers, Helgi and Finnbogi, who passed the winter in Greenland. They were descended from an Icelandic family of the East-firths. It is now to be added that Freydis, Eric's daughter, set out from her home at Gardar, and waited upon the brothers, Helgi and Finnbogi, and invited them to sail with their vessel to Wineland, and to share with her equally all of the good things which they might succeed in obtaining there. To this they agreed, and she departed thence to visit her brother, Leif, and ask him to give her the house which he had caused to be erected in Wineland; but he made her the same answer [as that which he had given Karlsefni], saying that he would lend the house, but not give it. It was stipulated between Karlsefni and Freydis that each should have on ship-board thirty able-bodied men, besides the women; nut Freydis immediately violated this compact by concealing five men more [than this number], and this the brothers did not discover before they arrived in Wineland, they now put out to sea, having agreed beforehand that they would sail in company, if possible, and, although they were not far apart from each other, the brothers, arrived somewhat in advance, and carried their belongings up to Leif's house. Now, when Freydis arrived, her ship was discharged and the baggage carried up to the house, whereupon Freydis exclaimed, "Why did you carry your baggage in here?" "Since we believed," said they, "that all promises made to us would be kept." "It was to me that Leif loaned the house," says she, "and not to you." Whereupon Helgi exclaimed, "We brothers cannot hope to rival thee in wrong dealing." They thereupon carried their baggage forth, and built a hut, above the sea, on the bank of the lake, and put all in order about it; while Freydis caused wood to be felled, with which to load her ship. The winter now set in, and the brothers suggested that they should amuse themselves by playing games. This they did for a time, until the folk began to disagree, when dissensions arose between them, and the games came to an end, and the visits between the houses ceased; and thus it continued far into the winter. One morning early Freydis arose from her bed and dressed herself, but did not put on her shoes and stockings. A heavy dew had fallen, and she took her husband's cloak, and wrapped it about her, and then walked to the brothers' house, and up to the door, which had been only partly closed by one of the men, who had gone out a short time before. She pushed the door open, and stood silently in the doorway for a time. Finnbogi, who was lying on the innermost side of the room, was awake, and said, "What dost thou wish here, Freydis?" She answers, "I wish thee to rise and go out with me, for I would speak with thee." He did so; and they walked to a tree, which lay close by the wall of the house, and seated themselves upon it. "How art thou pleased here?" says she. He answers, "I am well pleased with the fruitfulness of the land; but I am ill-content with the breach which has come between us, for, methinks, there has been no cause for it." "It is even as thou sayest," says she, "and so it seems to me; but my errand to thee is that I wish to exchange ships with you brothers, for that ye have a larger ship than I, and I wish to depart from here." "To this I must accede," says he, "if it is thy pleasure." Therewith they parted; and she returned home and Finnbogi to his bed. She climbed up into bed, and awakened Thorvard with her cold feet; and he asked her why she was so cold and wet. She answered with great passion: "I have been to the brothers," says she, "to try to buy their ship, for I wished to have a larger vessel; but they received my overtures so ill that they struck me and handled me very roughly; what time thou, poor wretch, wilt neither avenge my shame nor thy own; and I find, perforce, that I am no longer in Greenland. Moreover I shall part from thee unless thou wreakest vengeance for this." And now he could stand her taunts no longer, and ordered the men to rise at once and take their weapons; and this they yield. And they then proceeded directly to the house of the brothers, and entered it while the folk were asleep, and seized and bound them, and led each one out when he was bound; and, as they came out, Freydis caused each one to be slain. In this wise all of the men were put to death, and only the women were left; and these no one would kill. At this Freydis exclaimed, "Hand me an axe." This was done; and she fell upon the five women, and left them dead. They returned home after this dreadful deed; and it was very evident that Freydis was well content with her work. She addressed her companions, saying, "If it be ordained for us to come again to Greenland, I shall contrive the death of any man who shall speak of these events. We must give it out that we left them living here when we came away." Early in the spring they equipped the ship which had belonged to the brothers, and freighted it with all of the products of the land which they could obtain, and which the ship would carry. Then they put out to sea, and after a prosperous voyage arrived with their ship in Ericsfirth early in the summer. Karlsefni was there, with his ship all ready to sail, and was awaiting a fair wind; and people say that a ship richer laden than that which he commanded never left Greenland.

Concerning Freydis

Freydis now went to her home, since it had remained unharmed during her absence. She bestowed liberal gifts upon all of her companions, for she was anxious to screen her guilt. She now established herself at her home; but her companions were not all so close-mouthed concerning their misdeeds and wickedness that rumors did not get abroad at last. These finally reached her brother, Leif, and he thought it a most shameful story. He thereupon took three of the men, who had been of Freydis' party, and forced them all at the same time to a confession of the affair, and their stories entirely agreed. "I have no heart," says Leif, "to punish my sister, Freydis, as she deserves, but this I predict of them, that there is little prosperity in store for their offspring." Hence it came to pass that no one from that time forward thought them worthy of aught but evil. It now remains to take up the story from the time when Karlsefni made his ship ready, and sailed out to sea. He had a successful voyage, and arrived in Norway safe and sound. He remained there during the winter, and sold his wares; and both he and his wife were received with great favor by the most distinguished men of Norway. The following spring he put his ship in order for the voyage to Iceland; and when all his preparations had been made, and his ship was lying at the wharf, awaiting favorable winds, there came to him a Southerner, a native of Bremen in the Saxonland, who wished to buy his "house-neat." "I do not wish to sell it," says he. "I will give thee half a 'mork' in gold for it," says the Southerner. This Karlsefni thought a good offer, and accordingly closed the bargain. The Southerner went his way with the "house-neat," and Karlsefni knew not what wood it was, but it was "mosur," come from Wineland.

Karlsefni sailed away, and arrived with his ship in the north of Iceland, in Skagafirth. His vessel was beached there during the winter, and in the spring he bought Glaumboeiar-land, and made his home there, and dwelt there as long as he lived, and was a man of the greatest prominence. From his and his wife, Gudrid, a numerous and goodly lineage is descended. After Karlsefni's death Gudrid, together with her son Snorri, who was born in Wineland, took charge of the farmstead; and, when Snorri was married, Gudrid went abroad, and made a pilgrimage to the South, after which she returned again to the home of her son Snorri, who had caused a church to be built at Glaumboeiar. Gudrid then took the veil and became an anchorite, and lived there the rest of her days. Snorri had a son, named Thorgeir, who was the father of Ingveld, the mother of Bishop Brand. Hallfrid was the name of the daughter of Snorri, Karlsefni's son: she was the mother of Runolf, Bishop Thorlak's father. Biorn was the name of [another] son of Karlsefni and Gudrid: he was the father of Thorunn, the mother of Bishop Biorn. Many men are descended from Karlsefni, and he has been blessed with a numerous and famous posterity; and of all men Karlsefni has given the most exact accounts of all these voyages, of which something has now been recounted.

from: http://www.fordham.edu/halsall/mod/1000Vinland.html

Annals of Inisfallen

2008-07-03T00:04:00.000-04:00

p.57

AI433.1
Kl. The first feria [Sunday]. Conversion of the Scotti to the Christian Faith.

AI434.1
Kl. The first prey by the Saxon from Ireland.[AU 434].

AI435.1
Kl. The third feria [Tuesday]. Orosius and Cyril flourished in the doctrine. [AU 435, 436].

AI435.2
Great snow.

AI436.1
Kl. Death of king Bresal Brec. [AU 435, 436].

AI437.1
Kl. The ninth of the moon. Beginning of the Great Circle.

AI438.1
Kl. The twentieth of the moon.

AI439.1
K. The first feria [Sunday]. Secundinus, Auxilius, and Isserninus are sent to help Patrick; nevertheless, not they, but Patrick alone held the apostleship. [AU 439].

AI440.1
Kl. The second feria [Monday], twelfth of the moon.

AI440.2
Repose of Augustine, a learned man. [AU 440].

AI440.3
Death of Maine, son of Niall [Naígiallach], and ... [AU 440].

AI441.1
Kl. The approval of Saint Patrick in the Catholic Faith. [AU 441].

AI442.1
Kl. The fourth of the moon. A comet appeared.

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p.59

AI443.1
Kl. Patrick flourished in the doctrine of Christ. [AU 443].

AI444.1
Kl. An eclipse of the sun in the ninth hour.

AI445.1
Kl. The third [feria]. Theodosius, who reigned twenty-six years.

AI445.2
Nath Í, son of Fiachra, [died]. [AU 444].

AI446.1
Kl.

AI447.1
Kl. The battle of Mag Feimin between the Munstermen and the Laigin, in which fell Mac Cáirthinn son of Caelub, who ...(?) [AU 447].

AI448.1
Kl. Repose of Saint Secundinus. [AU 47].

AI449.1
Kl.

AI450.1
Kl.

AI451.1
Kl. The synod of Chalcedon assembles. [AU 457].

AI452.1
Kl.

AI453.1
The death of Marcian, who reigned seven years. [AU 456].

AI453.2
Leo reigned, and the head of John the Baptist was discovered.

AI454.1
Kl. The twenty-sixth of the moon. Easter on the eighth of the Kalends of May [April 24].

AI455.1
Kl. Destruction of the Laigin. [AU 452, 453].

AI455.2
Here some place the birth of Saint Brigit [AU 452, 456].

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p.61

Kl. The Festival of Temuir [celebrated] by Laegaire, son of Niall. [AU 454].

AI457.1
Kl. Victorius composed the Paschal cycle.

AI458.1
Kl. Death of Énna, son of Cathub. [AU 456].

AI459.1
Kl. The battle of Áth Dara [gained] against Laegaire by the Laigin. [AU 458, 459, 467].

AI460.1
Kl. Auxilius fell asleep. [AU 459].

AI461.1
Kl. The repose of Pope Leo, and the ordination of bishop Hilary. [AU 460, 461].

AI462.1
Kl.

AI463.1
Kl. The death of Laegaire, son of Niall, at Grellach Dabaill between two hills, namely Ériu and Alba. [AU 462].

AI464.1
Kl. Ailill Molt reigned. [AU 463].

AI465.1
Kl. Isserninus fell asleep. [AU 468].

AI466.1
Kl. The battle of Ard Corainn. [AU 464].

AI467.1
Kl.

AI468.1
Kl. Repose of bishop Benignus ... dies in Rome.

AI468.2
Death of Leo the Minor who reigned sixteen years, and Eman (Zeno) becomes emperor.

AI469.2
Kl. The Festival of Temuir [celebrated] by Ailill Molt. [AU 467, 469, 470].

AI470.1
Kl. The battle of Duma Aichir [gained] against Ailill Molt. Illann was victor. [AU 468, 474, 476].

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p.63

AI471.1
Kl. The second prey of the Saxon from Ireland. [AU 471].

AI472.1
Kl.

AI473.1
Kl.

AI480.1
Kl. The son of Conall, son of Cremthann, son of Niall dies. [AU 480].

AI481.1
Kl. Repose of Iarlaithe, the third abbot of Ard Macha [AU 481].

AI482.1
Kl. The battle of Uchbath [gained] over the Laigin by Crimthann, or by Fiachra Glomrach, son of Caelub, son of Crund, of Dál Araide. [AU 482, 483].

AI485.1
Kl. The battle of Granard (Mac Erce victor), in which Finnchad, king of the Laigin, fell; and Cairpre [was] victor, as others say. [AU 485, 486].

485.2
The mortal wounding of Crimthann Ceinnselach, king of Laigin, whom Echaid Glúinech slays. [AU 483, 485].

AI486.1
Kl. Birth of Brénainn, son of Finnlug.

AI487.1
Kl. Death of Crimthann Ceinnselach. [AU 483, 485].

AI488.1
Kl.

AI489.1
Kl.

AI491.1
Kl. Repose of Cianán of Dam Liac. [AU 489].

AI491.2
Death of Zeno, who reigned seventeen years.

AI491.3
Anastasius becomes emperor. [AU 491].

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p.65

AI492.1
Kl. Repose of bishop Mac Caille. [AU 490].

AI492.2
The battle of Cenn Losnada, in which fell Aengus, son of Nad Fraích, and Eithne Uathach his wife. [AU 490, 491].

AI493.1
Kl. The battle of Srath Echaill, in which Fraech son of Finnchad, king of Laigin, fell, and Eochu, son of Cairpre, was victor.

AI494.1
K.

AI495.1
K.

AI496.1
Kl. Repose of Patrick on the 16th of the Kalends of April in the 432nd year from the Passion of the Lord.

AI496.2
Repose of Mac Cuilinn of Lusca. [AU 496, 498].

AI497.1
Repose of Cormac, bishop of Ard Macha. [AU 497].

AI498.1
Kl. Repose of Mo-Chóe of Naendruim. [AU 497, 499].

AI499.1
Kl. Repose of bishop Ibar [AU 500,501].

AI500.1
Kl. The battle of Inne Mór. Mac Erce victor ... [AU 498, CS 500].

AI501.1
Kl.

AI502.1
Kl. The battle of Segais, in which Tenga Uma fell. Mac Erce was victor. [AU 502].

AI503.1
Kl. Repose of Domangart of Cenn Tíre.

AI504.1
Kl.

AI505.1
Kl. Repose of bishop Cerpán in Ferta Cerpáin. [AU 504].

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p.67

AI506.1
Kl. The battle of Ard Corainn. [AU 507, 508].

AI507.1
Kl.

AI508.1
Kl. The battle of Frémann of Mide. Rus Failge was victor. [AU 510, CS 505].

AI509.1
Kl. Repose of Mac Nise of Connere. [AU 507, 514].

AI511.1
Kl. Birth of Ciaran, son of the wright. [AU 512, 517].

AI512.1
Kl. Repose of Dubthach, bishop of Ard Macha. [AU 513].

AI512.2
Repose of Erc of Sláine. [AU 513].

AI513.1
Kl. The battle of Druim Derga [gained] against Failge.

AI513.2
Fiacha, son of Niall, was victor. Thereupon the plain of Mide was taken from the Laigin. [AU 516, 517].

AI514.1
Kl.

AI515.1
Kl. Birth of Comgall of Bennchor. [AU 516, 520].

AI516.1
Kl. Repose of bishop Conlaed, and repose of Dar Erca. [AU 520; AU 517, 519].

AI517.1
Kl.

AI518.1
Kl. Death of Anastasius, who reigned twenty-five years.

AI518.2
Iustinus becomes emperor [AU 518].

AI519.1
Kl.

AI521.1
Kl. Birth of Colum Cille and the falling asleep of Buite, son of Brónach. [AU 519, 523].

AI522.1
Kl.

AI523.1
Kl.

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p.69

AI524.1
Kl. Repose of Saint Brigit [AU 524, 526, 528].

AI525.1

from

2008-07-02T00:47:00.001-04:00

Capitulary of Charlemagne Issued in the Year 802
(From "Mon. Germ. hiss." [Quarto Series] LL. IL., p. 91 99; also to be found in " Altmann u. Bernheim," p. 4.)
CHAPTER I. CONCERNING THE EMBASSY SENT OUT BY THE LORD EMPEROR.
The most serene and most Christian emperor Charles, did choose from among his nobles the most prudent and the wisest men archbishops as well as other bishops, and venerable abbots, and pious laymen and did send them over his whole kingdom; and did grant through them, by means of all the following provisions, that men should live according to law and right. He did order them, moreover, that, where anything is contained in the law that is otherwise than according to right and justice, they should inquire into this most diligently, and make it known to him: and he, God granting, hopes to better it. And let no one, through his cleverness or astuteness-as many are accustomed to do-dare to oppose the written law, or the sentence passed upon him, or to prevail against the churches of God or the poor, or widows, or minors, or any Christian man. But all should live together according to the precept of God in a just manner and under just judgment, and each one should be admonished to live in unity with the others in his occupation or calling. The monastic clergy should altogether observe in their actions a canonical mode of living, far removed from turpid gains; nuns should keep diligent guard over their lives; laymen and secular clergy should make proper use of their privileges without malicious fraud; all should live together in mutual charity and perfect peace. And let the messengers diligently investigate all cases where any man claims that injustice has been done to him by any one, according as they themselves hope to retain for themselves the grace of omnipotent God, and to preserve the fidelity promised to him. And thus, altogether and everywhere and in all cases, whether the matter concerns the holy churches of God, or the poor, or wards and widows, or the whole people, let them fully administer law and justice according to the will and to the fear of God. And if there should be any matter such that they themselves, with the counts of the province, could not better it and render justice with regard to it: without any ambiguity they shall refer it, together with their reports, to the emperor's court. Nor should anyone be kept back from the right path of justice by the adulation or the reward of any man, by the obstacle of any relationship, or by the fear of powerful persons.

2. CONCERNING THE FEALTY TO BE PROMISED TO THE LORD EMPEROR.
And he ordained that every man in his whole kingdom -ecclesiastic or layman, each according to his vow and calling-who had previously promised fealty to him as king should now make this promise to him as emperor; and that those who had hitherto not made this promise should all, down to those under 12 years of age, do likewise. And he ordained that it should be publicly told to all-so that each one should understand it-what important things and how many things are comprehended in that oath: not alone, as many have hitherto believed, fidelity to the emperor as regards his life, or the not introducing an enemy into his kingdom for a hostile purpose, or the not consenting to the infidelity of another, or the not keeping silent about it. But all should know that the oath comprises in itself the following meaning:

3. Firstly, that every one of his own accord should strive, according to his intelligence and strength, wholly to keep himself in the holy service of God according to the precept of God and to his own promise-inasmuch as the emperor can not exhibit the necessary care and discipline to each man singly.

4. Secondly, that no one, either through perjury or through any other wile or fraud, or on account of the flattery or gift of any one, shall refuse to give back, or dare to abstract or conceal a slave of the emperor, or a district or territory or anything that belongs to his proprietary right; and that no one shall presume to conceal or abstract, through perjury or any other wile, fugitive fiscaline slaves who unjustly and fraudulently call themselves free.

5. That no one shall presume through fraud to plunder or do any injury to the holy churches of God, or to widows, orphans or strangers; for the emperor himself, after God and his saints, has been constituted their protector and defender.

6. That no one shall dare to devastate a fief of the emperor or to take possession of it.

7. That no one shall presume to neglect a summons to arms of the emperor; and that no count be so presumptuous as to dare to release out of regard for any relationship, or on account of flattery or of any one's gift-any one of those who owe military service.

8. That no one at all shall dare in any way to impede a bann or precept of the emperor, or delay or oppose or damage any undertaking of his, or in any way act contrary to his will and precepts. And that no one shall dare to interfere with his taxes and with what is due to him.

9. That no man shall make a practice of unjustly carrying on the defence of another in court, whether from any cupidity, being not a very great pleader; or in order, by the cleverness of his defence, to impede a just judgment or, his case being a weak one, by a desire of oppressing. but each man, with regard to his own case, or tax, or debt, must carry on his own defence; unless he be infirm or ignorant of pleading-for which sort of persons the "missi," or those who preside in that court, or a judge who knows the case for the defendant, shall plead before the court. Or, if necessary, such a person may be granted for the defence as shall be approved by all, and well versed in that case. This, however, shall be done altogether according to the pleasure of those who preside, or of the "missi" who are present. And all this shall be done in every way according to law, so that justice shall be in no way impeded by any gift, payment, or by any wile of evil adulation, or out of regard for any relationship. And that no man shall make any unjust agreement with another, but that all shall be prepared, with all zeal and good will to carry out justice.

For all these things here mentioned should be observed as being comprised in the oath to the emperor.

10. That bishops and priests should live according to the canons and should teach others to do likewise.

11. That bishops, abbots and abbesses, who are placed in power over others, should strive to surpass in veneration and diligence those subject to them; that they should not oppress them with severe and tyrannous rule, but should carefully guard the flock committed to them, with simple love, with mercy and charity, and by the example of good works.

12. That abbots should live where the monks are, and wholly with the monks, according to the rule; and that they should diligently teach and observe the canons; and that abbesses shall do the same.

13. That bishops, abbots and abbesses, shall have bailiffs and sheriffs and judges skilled in the law, lovers of justice, peaceful and merciful: so that, through them, more profit and gain may accrue to the holy church of God. For on no account do we wish to have harmful or greedy provosts or bailiffs in a monastery; for, from them, the greatest blasphemies or evils may arise for us. But let them be such as the decree of the canons or of the rule bids them to be,-submissive to the will of God, and always ready to do justice in every way, wholly observing the law without malice or fraud, always exercising a just judgment in all things: such provosts, in short, as the holy rule recommends. And they shall altogether observe this, that they shall on no account(1) .... depart from the model of the canons or the rule, but shall practice humility in all things. If they presume to act otherwise they shall feel the discipline prescribed in the rule; and, if they be unwilling to amend their ways, they shall be removed from their prevostship, and others who are worthy shall be chosen in their stead.

14. That bishops, abbots and abbesses, and counts shall be mutually in accord, agreeing, with all charity and unity of peace, in wielding the law and in finding a right judgment; and that they shall faithfully live according to the will of God, so that everywhere and always, through them and among them, just judgments may be carried out. The poor, widows, orphans and pilgrims shall have consolation and protection from them; so that we, through their good will, may merit, rather than punishment, the rewards of eternal life.

15. We will, moreover, and decree, that abbots and all monks shall be subject in all obedience to their bishops, as the canonical institutions require. And all churches and chapels shall remain in the protection and power of the church. And no one shall presume to divide or cast lots for the property of the church. And what is once offered (for sale ?) shall go no further, but shall be sanctified and reclaimed. And if ally one presume to act counter to this, he shall pay and make good our royal fine. And the monks of that province shall be admonished by the bishop; and, if they do not amend their ways, then the archbishop shall call them before the synod; and, if they do not thus better themselves, then they, together with the bishop, shall come to our presence.

16. In the matter of choosing candidates for ordination, the emperor has confirmed this now to the bishops and abbots just as he formerly conceded it to them under the Frankish law. With this restriction, however, that a bishop or abbot shall not prefer the more worthless men in a monastery to the better ones; nor endeavour, on account of relationship, or through any flattery, to advance them over the better ones; nor bring such a one before us to be ordained, when he has a better man whom he conceals and oppresses. We absolutely will not allow this for it seems to be done out of derision and deceitfulness towards us. But let there be prepared for ordination in the monasteries men of such kind that, through them, gain and profit will accrue to us and to those who recommend them.

17. That the monks, moreover, shall live firmly and strictly according to the rule; since we know that whoever is lukewarm in carrying out His will, is displeasing to God. As John, in the Apocalypse, bears witness: "I would that thou wert cold or hot. So then, because thou art lukewarm, I will spue thee out of my mouth." They shall on no account take upon themselves secular occupations. They shall not be permitted to go outside of the monastery unless great necessity compels them; and the bishop in whose diocese they are shall take great care that they do not gain the habit of wandering round outside of the monastery. But if it be necessary for any one, as an act of obedience, to go outside, this shall be done by the advice and with the consent of the bishop; and such persons shall be sent out, provided with a certificate of character, who are not evil-minded, and about whom no evil opinion is held. As to the outlying estates or property of the monastery, the abbot by the advice and with the permission of the bishop, shall decree who shall look after them; not a monk, unless subject to another monastery. They shall in every way avoid earthly pursuit of gain, or a desire for worldly things. For avarice and concupiscence are to be avoided by all Christians in this world, but chiefly by those who have renounced the world and its desires. Let no one presume to start a quarrel or dissension either within or without the monastery. Whoever shall have presumed to do so, shall be punished by the most severe discipline of the rule, so that others shall have fear of doing likewise. Let them altogether avoid drunkenness and feasting; for it is known to all that chiefly through them one comes to be polluted by lust. For the very pernicious rumour has come to our ears that many, in the monasteries, have been taken in fornication in abomination and uncleanness. And most of all it saddens and disturbs us that it can be said without error that from those things whence the greatest hope of salvation for all Christians is believed to arise-namely, the manner of living and the chastity of the monks-the evil has arisen that some of the monks are found to be sodomites.

18. Monasteries for women shall be firmly ruled, and the nuns shall by no means be permitted to wander about, but shall be kept with all diligence. For shall they be permitted to quarrel or contend among themselves, or in any way to be disobedient and refractory towards their masters and abbesses. Where they live under the rule, they shall observe all things altogether according to the rule. They shall not be given to fornication, drunkenness, or cupidity; but in all ways they shall live justly and soberly. And let no man enter into their cloister or monastery, unless a priest, with testimonials, enter it for the sake of visiting the sick, or for the mass alone; and straightway thereafter he shall go out again. And let no one enroll his daughter among the congregation of the nuns without the knowledge and consideration of the bishop to whose diocese that place pertains; and let the latter himself diligently ascertain that she is desirous of remaining in the holy service of God, and there confirm the stability of her vow. Moreover, the handmaids of other men, and such women as are not willing to live according to the manner of life in the holy congregation, shall all be altogether ejected from the congregation.

19. That no bishops, abbots, priests, deacons-no one in short, belonging to the clergy-shall presume to have hunting dogs or hawks, falcons or sparrow-hawks; but each one shall keep himself wholly in his proper sphere, according to the canons, or according to the rule. Any one who presumes to do this (have hunting dogs, etc.) shall know that he loses his standing. Furthermore he shall suffer such punishment for this, that others shall fear to wrongfully do likewise.

20. That abbesses and their nuns shall, with one mind and diligently, keep themselves within their cloister-walls' and by no means presume to go outside of their cloisterwalls. But the abbesses, when they propose to send out any of the nuns, shall by no means do this without the permission and advice of their bishop. Likewise when any ordinations are to take place in the monasteries, or any persons to be received into the monasteries, this also they shall first fully talk over with their bishops. And the bishops shall announce to the archbishop what they consider the best and most advantageous course of proceeding; and with his advice they shall carry out what is to be done.

21. That priests and the other lesser clergy, whom they have to help them in their ministry, shall altogether show themselves subject to their bishops, as the canons demand. As they desire our favour and their own advancement, let them consent fully to be taught in sacred subjects by these their bishops.

22. The secular clergy, moreover, ought to lead a completely canonical life, and be educated in the episcopal palace, or also in a monastery, with all diligence according to the discipline of the canons. They shall by no means be permitted to wander at large, but shall live altogether apart, not given to disgraceful gain, not fornicators, not thieves, not homicides, not ropers, not quarrelsome, not wrathful, not proud, not drunken; but chaste in heart and body, humble, modest, sober, merciful, peaceful; that, as. sons of God they may be worthy to be promoted to sacred orders: not, like those who are called sarabaites, living in towns and villages near or adjoining the church, without master and without discipline, revelling and fornicating, and also doing other wicked deeds the consenting to which is unheard of.

23. Priests shall carefully pay heed to the clergy Shone they have with them, that they live according to the canons; that they be not given to vain sports or worldly feastings, or songs or luxuries, but that they live chastely and healthfully.

24. Moreover, any priest or deacon who after this shall presume to have women in his house without permission of the canons, shall be deprived at once of his position and of his inheritance until he shall be brought into our presence.

25. That counts and centenars shall see to it that justice is done in full; and they shall have younger men in their service in whom they can securely trust, who will faithfully observe law and justice, and by no means oppress the poor; who will not, under any pretext, induced by reward or flattery, dare to conceal thieves, robbers, or murderers, adulterers, magicians and wizards or witches, or any godless men,-but will rather give them up that they may be bettered and chastised by the law: so that, God permitting, all these evils may be removed from the Christian people.

26. That judges shall judge justly, according to the written law and not according to their own judgment.

27. We decree that throughout our whole realm no one shall dare to deny hospitality to the rich, or to the poor, or to pilgrims: that is, no one shall refuse shelter and fire and water to pilgrims going through the land in God's service, or to any one travelling for the love of God and the safety of his soul. If any one shall wish to do further kindness to them, he shall know that his best reward will be from God, who said Himself: " And who so shall receive one such little child in my name, receiveth me." And again: " I was a stranger and ye took me in."

28. Concerning embassies coming from the lord emperor.-That the counts and centenars, as they desire to obtain the emperor's favour, shall provide with all care for the envoys sent, so that they may go through their districts without delay. And he altogether recommends to all to arrange all that shall be required, in such manner that there shall nowhere be delay; but they shall speed them on their way with all haste, and shall provide for them as they, our envoys, may arrange.

29. That our judges, counts, or envoys shall not have a right to extort payment of the remitted fine, on their own behalf, from those destitute persons to whom the emperor has, in his mercy, forgiven what they ought to pay by reason of his balm.

30. As to those whom the emperor wishes by Christ's favour to have peace and defence in his kingdom-that is those who, whether Christians or pagans, hasten to his. presence desiring to announce something, or those who seek alms on account of indigence or hunger-let no none dare to constrain them to do him service, or take possession of them, or alienate or sell them: but where they remain of their own will, there they, under the protection of the emperor, shall have alms from his bounty. If any one shall presume to transgress this, he shall know that he shall atone for it with his life, for having so presumptuously despised the commands of the emperor.

31. And let no one presume to contrive injuries or in. suits against those who announce a judgment of the emperor, or to show hostility to them in any way. Whoever shall have presumed to do this shall pay the king's bann; or, if he deserve a greater punishment, it is ordered that he be brought into the king's presence.

32. With every kind of protestation we command that men leave off and shun murders, through which many of the Christian people perish. If God forbids hatred and enmity to his followers, much more does he forbid murders. For how can any one hope to be pleasing to God who has slain His son who is nearest to Him? Or how can any one believe that Christ will be gracious to him who has slain his brother. It is a great and inevitable risk to arouse the hatred of men besides incurring that of God the Father and of Christ the ruler of Heaven. By hiding, one can escape them for a time; but, nevertheless, one falls by some chance into the hands of his enemies. And where can one flee God to whom all secrets are manifest ? by what rashness can any one hope to evade His wrath? Therefore we have taken care to avoid, by every possible regulation, that the people committed to us to be ruled over perish by this evil. For he who has not feared that God will be angry with him, will by no means find us gentle and gracious; we wish rather to punish with the greatest severity him who dares to commit the crime of murder. Lest, then, crime increase, and in order that very great discord may not arise among men,-wherever under the devil's suasion, a murder has occurred, the guilty one shall straightway hasten to make his amends, and shall, with all celerity, compound worthily with the relatives of the dead man for the evil done. And this we firmly decree under fur bane, that the relatives of the dead man shall by no means dare to carry further their enmity on account or the evil inflicted, or refuse to make peace with him who seeks it; but, pledging their faith, they shall make a lasting peace, and the guilty man shall make no delay in paying the wergeld. When, moreover, through the influence of sin, this shall have happened, that any one shall have slain his brothers or his relative, he shall straightway submit himself to the penance imposed, according as his bishop decides, and without any circumvention. But by the help of God he shall strive to work out his atonement; and he shall pay the fine for the slain man according to the law, and shall fully be reconciled to his relatives. And, having pledged their faith, let no one thenceforth dare to start hostilities. And whoever shall scorn to make proper amends shall be deprived of his inheritance until we shall have rendered our judgment.

33. We altogether prohibit the crime of incest. If any one be contaminated by sinful adultery, he shall not be released without grave severity, but shall so be punished for this that others may have fear of doing the same: so that uncleanness may be altogether removed from the Christian people, and that the guilty man may fully atone by such penance as shall be imposed on him by his bishop. And that woman shall be placed in the hands of her relatives until we pass sentence. But if the man be unwilling to submit to the sentence of the bishop concerning what amends he shall make, then let him be brought before our presence, mindful of the example which was made in the case of the incest committed by Fricco in the temple.

34. That all shall be fully and well prepared whenever our order or announcement shall come. If any one then say that he be not prepared, and avoid our mandate, let him be brought to the palace; and not only he, but likewise all who presume to transgress our bann or command.

36. That all men shall at all times, in the service and will of God, venerate with all honour their bishops and priests. Inlet them not dare to pollute themselves and others by incestuous nuptials; let them not presume to be wedded until the bishops and priests, together with the elders of the people, shall diligently inquire into the degree of blood-relationship between those being joined together. And then, with a benediction, let them be wedded. Let them avoid drunkenness, shun greed, commit no theft. Let strife and contentions and blasphemy whether at feasts or assemblies, be altogether avoided but let them live in charity and concord

36. Also that, in carrying out every sentence, all shall be altogether of one mind with our envoys. And they shall not at all permit the practice of perjury, which most evil crime must be removed from Christian people. If any one henceforth shall be proved a perjurer. he shall know that he shall lose his right hand; and he shall, in addition be deprived of his inheritance until we have judged his case.

37. As to patricides or fratricides, or those who have slain their mother's or their father's brother, or any relation,-if they have been unwilling to obey and agree to the sentence of the bishops and other priests: for the safety of their souls and that they may pay a just penalty-. let our envoys and counts keep them in such custody until they are brought into our presence, that they may be safe and may not infect other people. And they shall, in the meantime, be deprived of their property.

38. And let the like be done to those who have been reprimanded and corrected for unlawful and incestuous unions, and who art not willing to obey their bishops and priests, and who presume to despise our bann.

39. Let no one in our forests dare to rob our game which we have already many times forbidden to be done And now again we firmly decree that no one shall do this any more. Each one shall keep guard on himself as he hopes to keep the fealty sworn to us. But if any count or centenar or lower official of ours, or any one of our serving-men, shall have stolen our game, he shall without fail be brought to our presence and called to account. Any other common man who may have stolen our game, shall compound for it to the full extent of the law; and by no means shall any allowance be made for such persons in this matter. If any one knows that this evil deed has been perpetrated by another, let him not, by the fealty which he has promised and must now promise to us, dare to conceal it.

40. Lastly, then, we wish our decrees to be known, through the envoys whom we now send, by everyone in our whole realm-by ecclesiastics, viz.: bishops, abbots, priests, deacons, canons, all monks and nuns;-so that they, each one in his office or calling, may keep our bean and decree either in cases where it shall be necessary to thank those subject to them for their good will, or to lend them aid, or in cases where there may be need of applying a remedy. Likewise we wish our decrees to be known by laymen and in all places-whether they concern the protection of churches or widows, or orphans or the weak; or the plundering of them, or the fixing of the assembling of the army, or any other matters: in order that they may be obedient to our command to our will, and that each one may strive in all things to keep himself in the sacred service of God. And thus may all these things be good and to the praise of omnipotent God, and may we give thanks where they are due; but when we think that any thing needs vengeance, may we strive with all our will and all our zeal to better it,-so that, with God's aid, we may succeed in bettering it, to the eternal gain of ourselves and all our followers. Likewise we wish that all the above decrees be made known to our counts and centenars and officials.

(1) The MS. is here defective. Back

Henderson's Note
The Capitulary of 802, is, in reality, nothing more nor less than the foundation charter of that longlived institution, the Holy Roman Empire. The latter, as will be remembered, began its existence on Christmas-day, 800, and ended it on August 6th, 1806. Already in Voltaire's time it had ceased to be " either holy, or Roman, or an empire," but its pretensions were kept up until all Germany fell asunder before the wars and the wiles of Napoleon.

This capitulary of Charlemagne is the programme, so to speak, of the young empire. It is the ideal-an ideal never once to be fulfilled-of what that empire should have been. At the head of all things stands the emperor, whose greatest duty it is to provide for the welfare of his subjects. Every male being in his realm who is over twelve years of age has to plight his troth to him. In his hands are justice, morality, and religion. His realm is to be a haven of rest where all discords are to cease and no one to infringe on the rights of another. In his care are all the churches of God, all widows, orphans, and strangers, "for the emperor himself, after God and His saints, has been constituted their protector and defender."

Quite new, in the present document, is the introduction of the "missi dominici"-regular envoys who were to radiate from the emperor as a centre, and bring peace and justice to all parts of the realm. They were to overlook all the different officials, and to listen to complaints against them. So excellent was the institution that one similar to it was adopted in England, where in the time of Henry II. the itinerant justices formed an important feature of the administration.

It is worth while to notice how completely, at this time, the clergy were under the rule of the emperor. The new empire was to be as much of a theocracy as the kingdom of that David whose name Charlemagne bore in the intimate circle of his learned friends. But too soon, alas, the elements of disruption were to make themselves felt. The clergy were to assert their allegiance to a King higher than any earthly monarch, whose commands, as issued and tampered with by His representative on earth, were to be at variance with all the best interests of the emperor. Nationality was to war with universalism, the accepted principles of heredity with the desire for the necessary unity; and with the death of the last Carolingian emperor the empire itself was irretrievably to be cleft and riven.

From: http://www.yale.edu/lawweb/avalon/medieval/capitula.htm

Law of the couple

2008-06-30T23:40:00.001-04:00

Exempt from legal suit for each is what each may have used or have consumed as against the other, except what . lien, obligation or loan may have imposed, or what one of them may have mis-appropriated from the other. Exempt from legal suit is everything useful to the partnership, everything done in good faith; liable to legal claim is everything done in bad faith in the law of the couple.

Question. How many pairings are there in Irish law? Answer. Eight: a lord and his base clients, a church and its tenantry, a father and his daughter, a girl and her brother, a son and his mother, a foster-son and his foster-mother, a teacher and his pupil, a man and his wife.

Equally exempt from legal suit for each is whatever one of them may have given the other, whatever one of them may have used as against the other, without violent crime, without stealth. Everything taken without permission, that is complained about, is repaid by simple replacement of the object until the matter goes as far as the legal remedy of fasting,1 except in the case of the church. Repayment, by simple replacement, of what is taken without permission and complained about is all that is required until there is evasion of the legal obligations that arise from fasting, or legal default. Anything taken by stealth, by violent crime, anything taken without permission, that is complained about and ignored, is levied with its penalty fine.

Question: how many couples of cohabitation and procreation are there in Irish law? Answer: ten-(1) union of common contribution; (2) union of a woman on a man's contribution; (3) union of a man on a woman's contribution with service; (4) union of a woman who accepts a man's solicitation; (5) union of a man who visits the woman, without work, without solicitation, without provision, without material contribution; (6) union by abduction; (7) union of wandering mercenaries; (8) union by criminal seduction; (9) union by rape; (10) union of mockery.

(1) Union of common contribution: if it is a union with land and stock and household equipment, and if their marital relationship is one of equal status and equal propriety-and such a woman is called a woman of joint dominion-no contract of either is valid without the consent of the other, except for contracts that benefit their establishment. These are: an agreement for common ploughing with proper kinsmen when they do not themselves have a full ploughing team; paying for the leasing of land; getting together food for a coshering;2 getting food for feast-days; paying stud fees; fitting out the household; making an agreement for joint husbandry; the purchase of any essentials that they lack. Every contract shall be without neglect, an advantageous contract, conscientious, in accordance with right and propriety, with acknowledgement on both sides that the ownership of what is acquired belongs to the person whose property was alienated to acquire it.

Anything, the lack of which brings loss on the household, cannot be sold without common counsel, consultation, and mutual concession. For the impairment of the joint economy in a union of common contribution is not proper without mutual concession.

Putting children in a well-befriended and good fosterage is a contract in accord with all propriety that brings well-being into the community of their common household.

Every contract shall be without cheating. Either of them may dissolve the bad contracts of the other. The one does not dissolve the good contracts of the other in the case of those matters that have been listed, if the joint husbandry is without mutual friction, without mutual inculpation, in good partnership, in good faith.

If they divorce, each divorce shall be without mutual defrauding. If they divorce by mutual consent, let them divide their property in accordance with legal propriety.

A third of all proceeds belongs to the owner of the land, except for handiwork;3 a third of the cattle dropped during the union belongs to the owner of the stock from which they are sprung; a third to whoever did the labour. Division is made in proportion to the entitlement of each in regard to land, stock and labour. If the conduct of each is equally good or equally bad, this is the way they divide their thirds.

The third assigned to labour of the proceeds of the cattle is further divided into thirds: a third to the master of the house, a third to the mistress of the house, a third to the workers, that is, the herders.4 .

Likewise dairy produce: it is divided in three between land 12/36, stock 12/36 and labour 12/36. The labour third: half goes to the woman who does the work 6/36; a twelfth goes to dairy vessels 3/36;5 two-thirds of the remaining half go to the master of the house 2/36, a third to the dairy workers 1/36.6

If one of them is ill-behaved, the labour portion of the ill-behaved falls to the well-behaved, but the portions due to land and stock are not diminished

The labour third of the fodder corn and salt meat:7 let it be divided in three i.e. a third 1/9 to the wife who is responsible for ploughing and reaping8 and for looking after the pig-sties, for feeding and for fattening the pigs, unless they are fattened on milk. In that case, the wife gets two-thirds 2/9. For only spring-work in regard to ploughing and looking after the sties, the wife is entitled to two-thirds of a third 2/27.

The wife takes a half of clothing and of woven fabric, a third of fibre combed and ready for spinning; a sixth of fleeces and sheaves of flax; a third of woad in steeping vats, half if it is caked.

Anything that either of them may consume that belongs to the other is exempt from liability if it is by mutual consent. Whence is said: Without penalty is anything mutually discussed, mutually conceded.

Every defrauding is paid off by replacement in kind unless the person entitled waives claim, or else compensation is paid on the day of parting.

Anything taken by stealth, or despite mild or forceful protest, or by violent seizure, is repaid with its interest and with double its replacement if dry goods; if it is livestock, it is repaid with milk and young,9 with double replacement, and with interest.

Exempt from liability is every loan, every lease, every sale, every purchase, without mutual defrauding by either, made with the private property of each up to the amount of the honour-price of each, in accordance with the contracting rights of each.

Hospitality and refection is a duty of each of them according to rank. [...] Each of them gives hospitality to his/her own lord, to his/her own church and friends and relations.

Union on man's contribution: (2) Union of a woman on a man's contribution: the man's contract is a valid contract without the wife's consent, except for the sale of clothing and food; and the sale of cattle and sheep, if she is a duly contracted wife who is not a cétmuinter.10

If she is a woman who is a proper cétmuinter, equally good and equally well-bred — for everyone of equal goodness is of equal birth — she impugns all his contracts if they are foolish — for immunity from suit does not attach to defrauding and to what is forcefully protested against — and her sureties annul them.11

If he gives bridewealth to acquire another woman, even from his own private property, that bridewealth is forfeit to his cétmuinter if she carries out her marital obligations. Every secondary wife12 who comes 'over the head' of a cétmuinter is liable to penalty: she pays the honour-price of the cétmuinter.

The wife gives hospitality to half as many people as her husband, in accordance with the social status of her husband.

[...]Everybody is fed and hospitality is not refused up to the legal number of his/her retinue. Refusal of hospitality in the case of a guest accompanied by a excessive retinue does not damage one's honour for, though one refuse, this is not deemed refusal of hospitality if the retinue is excessive.

If they divorce and the divorce is by mutual consent and their behaviour is equally good at the time of parting, what the one may have freely consumed as against the other is without penalty at the time of parting if it is done without bad faith and with consent, so that they may not defraud each other. Every replacement in kind shall be as that consumed, with milk and young and dung and with interest. Everything taken by stealth, by force, by secret removal, without consent, without recompense, without asking pardon, is levied with its penalty fine.

The wife receives half the handiwork, as we said in the first type of union we discussed; a sixth of the dairy produce with the same proportions as previously between land and cows and vessels and servants. She receives ~a ninth of the cattle dropped during the union, a ninth of the corn, and a ninth of the salt meat, if she is a great worker.

She receives a sack of corn for every month that remains until the year end i.e. until the first of May next, following the time they part.13

Union of an heiress: (3) Union of a man on a woman's contribution: in that case, the husband goes in the track of the wife and wife in the track of the husband. If he is a man of service he receives a ninth of the corn; and of the salt meat, if he is a 'head of counsel' who controls the people of the household with advice of equal standing. The sixth of milk produce is divided in two: one half (1/12) goes to the vessels; of the other half, the husband receives two-thirds (1/18). He receives a ninth of the handicraft when they divorce. If they divorce by mutual consent, they part in this way.

If either of them is badly behaved, the labour third of the badly-behaved partner is forfeit to the well-behaved one. In the case of a cétmuinter, everything is forfeit to the party that carries out his/her marital duties, apart from what the other is entitled to in respect of land and breeding stock.14 But they part as they came together: what survives of what each brought in to the other, that is what each brings away on parting, or its replacement out of the profits if it no longer survives.

But he is a husband who is paid honour-price in accordance with his wife's status if she holds all the property, unless he has higher property qualifications in his own right than his wife or is more godly, more high-born or more estimable than she.

Other Unions: (5) Union of a man who visits the woman, without provision without work: a fifth of the handiwork is the portion of the man (i.e. of the partner) when they part if the handiwork is hers to dispose of-for a fifth is the proportion of the compensation due to him for her being dishonoured;15 if an offence is committed against her, that is the compensation he is paid for it.

(4) Union on accepting the inducement of the man: in that case the man receives a quarter of her handiwork. If it is a union with stock on land, let them divide by the proportions of land, labour and breeding stock, in accordance with what each owns.

(6/8) Union by abduction and union in secret: they have no stock or dry goods to divide on parting, only offspring. If a woman abducted from her family grants property to her partner who has abducted her, that grant is invalid from the point of view of her family and it is thus repaid: it is paid off with half penalty-fine if what was given belonged to the woman; if a third party owns a share in it, it is paid off with full penalty-fine. The same holds good for union by criminal seduction in secret.

(9) Union by rape or by stealth: they the partners possess nothing but offspring. Full éraic is paid for a virgin, for a young nun who does not reject her veil,16 and for a cétmuinter; half éraic for secondary wives— all this is without the cooperation of the woman— together with the full honour price of the man of highest rank who has authority over her of those to whom she specially belongs.

(10) Union of mockery: union of a lunatic or madman with a deranged woman or madwoman. Neither of them is bound to take or to make payments. The person who brings them together for fun and the responsible person in whose presence this takes place, theirs is the offspring, if offspring there be; its rearing, compensation for its offences, and its suretyship falls on both of them. The éraic and the legacy of such persons is divided between the king, the church and the family.

From:http://www.ucc.ie/celt/published/T102030/index.html

2008-06-30T00:37:00.000-04:00

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Medieval Sourcebook:
Papacy and Empire: The Besançon Episode

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The Besançon episode was another in the long string of imperial-papal conflicts which extended from the time of Pope Gregory VII until the mid-thirteenth century. The ostensible cause of conflict varied from episode to episode, but the underlying issue remained the same - who held supreme authority? Although the details may seem minor at times, the disputes clarified for western culture the distinction between church and state. Whether this is and advantage or disadvantage remains a matter of dispute.

Although a historiographical account of the Besançon episode was left by Otto of Friesing, here the conflict is documented with the following original texts:

A: Letter of Adrian IV. to Frederick Barbarossa, Sept. 20th, 1157.
B: Manifesto of the Emperor, Oct. 1157
C: Letter of Adrian IV. to the German Bishops
D: Letter of the German Bishops to Adrian IV - including Frederick's defence of his position
E: Letter of Adrian IV. to Frederick Barbarossa, Feb, 1158.

all from Doeberl: Monumenta Germaniae Selecta, vol. iv. pp. 107-115.

A: Letter of Adrian IV. to Frederick Barbarossa, Sept. 20th, 1157.
Bishop Adrian, servant of the servants of God, to his beloved son Frederick, illustrious emperor of the Romans, greeting and apostolic benediction.
A few days ago we remember to have written to thy imperial Majesty recalling to thy Highness's memory that, as we believe, that horrid and execrable crime and impious deed of evil committed in our time in Germany had remained for some time uninvestigated,--and observing, not without great wonder, that thou had'st allowed the barbarity of so pernicious a crime to pass until now without taking the severe vengeance that was fitting. For in what manner our venerable brother Eskill, archbishop of Lyon, while returning from the apostolic see, was captured in that land by certain impious and godless men-we cannot speak of it without great grief of mind,-and is at present kept in custody; how, moreover, in the aforesaid capture the impious men, the seeds of evil, the sons of crime did violently and with drawn swords rise against him and his followers; and how vilely and disgracefully they treated them, taking away all that they had:-thy serene Highness knows on the one hand, and, on the other, the fame of so great an outrage has already reached the most distant and most unapproachable regions. In vengeance of which most violent crime, as one to whom, as we believe, good things are pleasing and evil ones displeasing, thou should'st have arisen with more steadfastness; and the sword, which was given thee by divine concession to punish evil-doers but to exalt the good, ought to have raged above the neck of the impious and most sternly to have destroyed the presumptuous. But thou art said so to have hushed this up - or rather to have neglected it - that they have no reason to repent of having committed the deed, inasmuch as they already feel that they have gained immunity for the sacrilege Which they committed. As to the cause of this dissimulation or negligence we are entirely ignorant, since no scruple of conscience accuses our mind of having offended thy serene Highness in any respect; but we have always loved thy person as that of our most dear and special son, the most Cbristian prince, whose power we do not doubt to have been founded by the grace of God on the rock of the apostolic confession. And we have treated thee always with the partiality of due benignity. For thou should'st, Oh most glorious son, bring before the eyes of thy mind how graciously and how joyfully thy mother the holy Roman church received thee in a former year; with what affection of heart she treated thee; what plenitude of dignity and honour she granted thee; and how, most willingly conferring upon thee the distinction of the imperial crown, she strove to cherish in her most bountiful lap thee at the summit of thy sublimity - doing nothing at all which she knew would even in the least be contrary to the royal will. Nor, indeed, do we repent having fulfilled in all things the desires of thy heart, but would, not without right, rejoice if thy excellency had received from our hand even greater .benefices (beneficia), if that were possible knowing, as we do, what great increase and advantage can come through thee to the church of God and to us. But now, since thou dost seen, to neglect and gloss over so monstrous a crime-which is known, indeed, to have been committed to the shame of the universal church and of thy empire-we suspect and likewise fear lest perhaps thy mind has been led to this dissimulation and neglect for the reason that, at the suggestion of a perverse man sowing discord, thou hast conceived against thy most lenient mother the most holy Roman church, and against our own person, some indignation or rancour-which God forbid! On account of this, therefore, and of other matters which we know to be pressing upon us, we have seen fit at present to despatch to thy serenity from our side two of the best and most beloved men whom we have about us, our dear sons, namely, Bernard, cardinal presbyter of St. Clement, and Roland, cardinal presbyter of the title of St. Mark- and our own chancellor-as being men who are conspicuous for their religion and prudence and honesty.

And we most urgently request thy Highness to receive them honourably as well as kindly, to treat them fairly and to receive without hesitation, as though proceeding from our lips, whatever they say on our part to thy imperial Majesty concerning this matter and concerning other things which pertain to the honour of God and of the holy Roman church, and also to the glory and exaltation of the empire. And do not doubt to lend faith to their words as though we ourselves had happened to utter them.

B: Manifesto of the Emperor, Oct. 1157
Inasmuch as the divine power, from which is every power in Heaven and on earth, has committed to us, his anointed, the kingdom and the empire to be ruled over, and has ordained that the peace of the church shall be preserved by the arms of the empire,-not without extreme grief of heart are we compelled to complain to you, beloved, that, from the head of the holy church on which Christ impressed the character of his peace and love, causes of dissension, seeds of evil, the poison of a pestiferous disease seem to emanate. Through these, unless God avert it, we fear that the whole body of the church will be tainted, the unity riven, a schism be brought about between the kingdom and the priesthood. For recently, while we were holding court at Besançon and with due watchfulness were treating of the honour of the empire and of the safety of the church, there came apostolic legates asserting that they brought such message to our majesty that from it the honour of our empire should receive no little increase. When, on the first day of their coming, we had honourably received them, and, on the second, as is the custom, we sat together with our princes to listen to their report,-they, as if inflated with the mammon of unrighteousness, out of the height of their pride, from the summit of their arrogance, in the execrable elation of their swelling hearts, did present to us a message in the form of an apostolic letter, the tenor of which was that we should always keep it before our mind's eye how the lord pope had conferred upon us the distinction of the imperial crown and that he would not regret it if our Highness were to receive from him even greater benefices. This was that message of paternal sweetness which was to foster the unity of church and empire, which strove to bind together both with a bond of peace, which enticed the concord and obedience of the minds of the hearers to both. Of a truth at that word, blasphemous and devoid of all truth, not only did the imperial majesty conceive a righteous indignation, but also all, the princes who were present were filled with such fury and wrath that, without doubt, they would have condemned those two unhallowed presbyters to the punishment of death had not our presence since many similar letters prevented them. Whereupon, were found upon them, and sealed forms to be filled out afterwards at their discretion - by means of which, as has hitherto been their custom, they intended to strive throughout all the churches of the kingdom of Germany, to scatter the virus conceived by their iniquity, to denude the altars, to carry away the vessels of the house of God, to strip the crosses: lest an opportunity should be given them of proceeding further, we caused them to return to Rome by the way which they had come. And, inasmuch as the kingdom, together with the empire, is ours by the election of the princes from God alone, who by the passion of His Son Christ subjected the world to the rule of the two necessary swords; and since the apostle Peter informed the world wih this teaching, "Fear God, honour the king": whoever shall say that we received the imperial crown as a benefice from the lord pope, contradicts the divine institutions and the teaching of Peter, and shall be guilty of a lie. Since, moreover, we have hitherto striven to rescue from the hands of the Egyptians the honour and liberty of the church which has long been oppressed by the yoke of an undue servitude, and are striving to preserve to it all the prerogatives of its dignity: we ask you as one to condole with us over such ignominy inflicted on us and on the empire, trusting that the undivided sincerity of your faith will not permit the honour of the empire which, from the foundation of Rome and the establishment of the Christian religion up to your own times has remained glorious and undiminished,' to be lessened by so unheard of an innovation. And be it known beyond the shadow of a doubt, that we would rather incur danger of death than in our day to sustain the shame of so great a disaster.

C: Letter of Adrian IV. to the German Bishops
As often as any thing is attempted in the church against the honour of God and the salvation of the faithful, it ought to be the care of our brothers and fellow bishops and especially of those who are impelled by the spirit of God-to discover a means of correction pleasing to God for the evil things that have been done. In the present time, indeed,-a thing which we can not mention without extreme grief,-our most beloved son, Frederick emperor of the Romans, has done a thing such as we do not read to have ever been perpetrated in the times of our predecessors. For when we bad sent to his presence two of our best brothers, Bernard, namely, of the title of St. Clement, and Roland our chancellor, 'of the title of St. Mark, cardinal presbyters,-he, when they first came into his presence, received them with open arms. But, on the following day, when they returned to him and our letter was read before him, exception being taken at a certain word which was contained in the course of that letter, viz.: " we conferred upon thee the 'beneficium' of a crown," he burst forth into a fit of such anger that it is shameful to hear and grievous to mention the insults which he is said to have heaped upon us and our legates, and to relate how disgracefully be compelled them to retire from his presence and swiftly to depart from his land. And when, moreover, they had left his presence, passing an edict that no one from your land should go to the apostolic see, he is said to have placed guards at all the boundaries of that kingdom who should turn back with violence those who wished to approach the apostolic see. Although we were somewhat disturbed by this measure, nevertheless we personally received the greater consolation from the fact that it did not proceed from the counsel of yourselves and the princes. Wherefore we trust that he can easily be recalled from this auger of mind by your counsel and persuasion. And so, beloved brothers, since in this matter not only our interest but yours and that of all the church is known to be at stake, we urge and exhort ye in the Lord, that ye oppose yourselves as a wall of protection before the house of God - and that ye strive to bring back, as quickly as possible, our aforesaid son to the right path-paying most particular heed to this, that because so great and such evident satisfaction to be rendered by Rainald his chancellor and by the count Palatine who presumed to vomit forth great blasphemies against our aforesaid legates and your mother also, the holy Roman church, that, according as the bitterness of their words offended the ears of many, so also their atonement may recall many to the right path. Let not this same son of ours acquiesce in the counsels of the wicked; let him consider the newest laws and the old, and let him tread the path along which Justinian and the other catholic emperors are known to have passed. By their example, indeed, and by imitating them, he will be able to heap up for himself honour upon earth and felicity in Heaven. But ye also, if ye bring him back to the right path, shall both perform a service pleasing to St. Peter the prince of the apostles and will preserve your own and your churches' liberty. Otherwise let our aforesaid soil know from your admonitions, let him know from the truth of the promise of the gospel - that the holy Roman church is founded on a most firm rock, God placing it there; and that, no matter by how great a whirlwind of words it may be shaken, it will remain firm, God protecting it, throughout all the ages. . He ought not, as ye know, to have entered upon so arduous a path without your advice; whence we believe that, hearing your warnings, like a discreet man and catholic emperor, he may most easily be recalled to the enjoyment of a more healthful pursuit.

D: Letter of the German Bishops to Adrian IV
Although we know and are sure that neither the winds nor the waves of tempests can cast down the church of God which is founded on a firm rock; we nevertheless being very weak and timid are shaken and tremble whenever such attacks occur. Wherefore we are very gravely disturbed and frightened concerning those things which seem about to furnish, unless God avert it, a fruitful source of great evil between your Holiness and the your most devoted son our lord emperor. Indeed, by those words which were contained in the letter which you sent through your most prudent and honest envoys, master Bernard and master Roland, venerable cardinal presbtyers, the whole public of our empire has been set in commotion. The ears of the imperial power were not able to hear them patiently nor the ears of the princes to bear them. All present were so deaf to them that we saving thy grace, most holy father, on account of the sinister interpretation which their ambiguity permits, do neither dare, nor are we able to defend or to approve then by any form of consent - for the reason that they are unusual and have not been heard of up to present time. Receiving with due reverence, however, and putting into effect the letter which you did send to us, we did admonish your son, our lord emperor, as you did order, and thanks be to God, we received from him such a reply as became a catholic prince. It was to this effect:

There are two things by which our empire ought to be ruled, the holy laws of the emperors and the good customs of our predecessors and fathers. We will not and cannot go beyond the limits placed for the church; whatever is counter to them we do not receive. We willingly exhibit due reverence to our father; we look upon thefree crown of our empire as a divine benefice alone; we acknowledge that the first vote in the election belongs to the archbishop of Mainz, the remaining ones to the other princes in order; that the royal anointing power pertains to the archbishop of Cologne, but the highest, which is the imperial, to the supreme pontiff. Whatever there is besides these is superfluous, is evil. It was not in contempt of our most beloved and most reverent father and consecrator that we compelled the cardinals to depart from the confines of our land. But with those things and on account of those things which they bore in writing, or about to be filled in the disgraces and scandal of our empire, we could not permit them to proceed further. The exits and entrances of Italy we neither closed by edict nor do we wish in any way to close them to pilgrims or to those approaching the Roman see for their reasonable necessities with testimonials from their bishops and prelates. But we do intend to oppose those abuses through which all the churches of our land are oppressed and worn out, and almost all monastic discipline is dead and buried. God, though the emperor, has exalted the church to be at the head of the world; at the head of the world the church, not through God, as we believe, now tries to demolish the empire. It began with a picture*; from a picture it went on to a letter; from a letter it tries to go on to authority. We shall not suffer it, we shall not permit it. We will rather lay aside the crown than consent that the crown than consent that the crown together with ourselves, be so abased. Let the pictures be obliterated, the writinsg retracted, so that they may not remain eternal sources of discord between the kingdom and the priesthood.
[note: The picture referred to is described the Cologne Annals (Mon. Ger. Xvii. 766). Innocent II sits upon a throne, while King Lothar, Frederick's predecessor, bends before him with folded hands to receive the crown of the empire. Underneath was written, as we learn from Ragewin, iii, 10, 'The kings comes before the gates, first swearing to preserve the rights of the city. He is afterwards made the pope's vassal, and takes the crown which he gives'.]
These and other things, concerning the peace with Roger and William in Sicily and the other conventions which have been drawn up in Italy, which we do not dare to give in full, we heard from the lips of out lord emperor. The count Palatine, moreover, being absent, having already been sent ahead to prepare for an expedition into Italy, - we heard nothing from the chancellor, who was still present there, that did not savour of humility and peace except that he stood by those men in danger of their lives that threatened them from the people. And all who were present testify as to this same fact. For the rest we humbly beg and beseech your holiness to spare our weakness, to soothe like a good pastor your high-souled son by writings which shall sweeten your former writings with honeyed suavity; so that both the church of God may rejoice in tranquil devotion, and that the empire may be raised still higher in its lofty position, He him-self mediating and helping-Jesus Christ, who, as mediator between God and men, was made man.

E: Letter of Adrian IV. to the Emperor, Feb., 1158.
From the time when, God disposing as it pleased himself, we received the charge of the universal church, we have so taken care to honour thy Highness that, from day to day, thy mind ought to have been inflamed more and more with love for us and with veneration for the apostolic see. Wherefore we can not hear without great astonishment that when-having heard from the suggestions of certain men that thy anger was somewhat aroused against us-in order to learn thy will we sent to thy presence two of our best and greatest brothers, the chancellor Roland, namely, of the title of St Mark, and Bernard of the title of St Clement, cardinal presbyters, who had always been most concerned for the honour of thy Majesty in the Roman church: they were treated otherwise than was becoming to the imperial magnificence. On account of a certain word, indeed,-" beneficium," namely-thy mind is said to have been moved to anger; which word ought not by any means to have aroused the ire of so great a man, nor even of any lesser man. For although this word-namely, - "beneficium "- is used by some in a sense different from that which it has by derivation, it should, nevertheless, have been accepted in that sense which we ourselves attributed to it and which it is known to retain from its origin. For this word is derived from "bonus" and " factum," and a "beneficium " is called by us not " a fief " but a " bonum factum." It is found in this signification in the whole body of Holy Scripture, where it speaks of the "beneficium " of God not as of a fief but as a benediction and good deed of His by which we are said to be governed and nourished. And thy Magnificence, indeed, clearly recognizes that we did so well and so honourably place the mark of the imperial dignity upon thy bead that it may be considered by all a "bonum factum" Wherefore when some have tried to distort from its own to another signification this word and that other one, namely: "we have conferred (contulimus) upon thee the distinction of the imperial crown," they have done this not upon the merits of the case, but of their own will and at the suggestion of those who by no means cherish the peace of the kingdom and the church. For by this word "contulimus " we mean nothing else than what we said above, "imposuimus." But that thou didst afterwards, as it is said, order ecclesiastics to be restrained from visiting, as they ought, the holy Roman church,-if this is so, thy discretion, as we hope, O dearest Son in Christ, recognizes how wrongly this was done. For if thou didst have against us anything of bitterness, thou should'st have intimated it to us through thy envoys and letters and we would have taken care to provide for thy honour, as for that of our dearest son. Now, indeed, at the instigation of our beloved son, Henry duke of Bavaria and Saxony, we send into thy presence two of our brothers, Henry of the title of Sts. Nereus and Achilles, presbyter, and Jacinctus deacon Of St. Mary in Cosmide - both cardinals, prudent and honest men, indeed. And we urge and exhort thy Highness in the Lord to receive them honestly and kindly. And thy Excellency may know that what shall be intimated by them on our part to thy Magnificence has proceeded from the sincerity of our heart; and, on the ground of this, through the mediation of the aforesaid duke, our son, may thy Highness strive to come to an agreement with them, so that between thee thy mother the holy Roman church no soil for the seeds of discord may henceforth remain.

from Ernest F. Henderson, Select Historical Documents of the Middle Ages, (London: George Bell and Sons, 1910), 410-419

http://www.fordham.edu/halsall/source/besancon.html#a

2008-06-29T00:32:00.000-04:00

Commo. John D. Sloat, at Monterey, California. A proclamation.

TO THE INHABITANTS OF CALIFORNIA
The central government of Mexico having commenced hostilities against the United States of America, by invading its territory and attacking the troops of the United States stationed on the north side of the Rio Grande, and with a force of seven thousand men, under the command of General Arista, which army was totally destroyed and all their artillery, baggage, &c., captured on the 8th and 9th of May last, by a force of two thousand three hundred men, under the command of General Taylor, and the city of Matamoras taken and occupied by the forces of the United States; and the two nations being actually at war by this transaction, I shall hoist the standard of the United States at Monterey immediately, and shall carry it throughout California.

I declare to the inhabitants of California, that although I come in arms with a powerful force, I do not come among them as an enemy to California; on the contrary, I come as their best friend - as henceforward California will be a portion of the United States, and its peaceable inhabitants will enjoy the same rights and privileges they now enjoy; together with the privileges of choosing their own magistrates and other officers for the administration of justice among themselves, and the same protection will be extended to them as to any other State in the Union. They will also enjoy a permanent government under which life, property and the constitutional right and lawful security to worship the Creator in the way most congenial to each one's sense of duty will be secured, which unfortunately the central government of Mexico cannot afford them, destroyed as her resources are by internal factions and corrupt officers, who create constant revolutions to promote their own interests and to oppress the people. Under the flag of the United States California will be free from all such troubles and expense, consequently the country will rapidly advance and improve both in agriculture and commerce; as of course the revenue laws will be the same in California as in all other parts of the United States, affording them all manufactures and produce of the United States, free of any duty, and all foreign goods at one quarter of the duty they now pay, a great increase in the value of real estate and the products of California may also be anticipated.

With the great interest and kind feelings I know the government and people of the United States possess towards the citizens of California, the country cannot but improve more rapidly than any other on the continent of America. Such of the inhabitants of California, whether natives or foreigners, as may not be disposed to accept the high privileges of citizenship, and to live peaceably under the government of the United States, will be allowed time to dispose of their property and to remove out of the country, if they choose, without any restriction, or remain in it, observing strict neutrality.

With full confidence in the honor and integrity of the inhabitants of the country, I invite the judges, alcaldes, and other civil officers, to retain their offices and to execute their functions as heretofore, that the public tranquility may not be disturbed; at least, until the government of the territory can be more definitely arranged.

All persons holding titles to real estate, or in quiet possession of lands under a color of right, shall have those titles and rights guarantied to them.

All churches, and the property they contain, in possession of the clergy of California, shall continue in the same rights and possessions they now enjoy.

All provisions and supplies of every kind, furnished by the inhabitants for the use of United States ships and soldiers, will be paid for at fair rates, and no private property will be taken for public use without just compensation at the moment.

JOHN D. SLOAT,
Commander-in-chief of the United States
naval forces in the Pacific ocean.

United States Flag-ship Savannah,
Harbor of Monterey, July 7, 1846.

http://www.dmwv.org/mexwar/documents/sloat.htm

Citation: Steven R. Butler, ed. A Documentary History of the Mexican War (Richardson, Texas: Descendants of Mexican War Veterans, 1995), p. 146.

2008-06-26T23:43:00.001-04:00

UNITED STATES, March 7, 1792

Gentlemen of the Senate:

I submit to your consideration the report of the Secretary of State, which accompanies this, stating the reasons for extending the negotiation proposed at Madrid to the subject of commerce, and explaining, under the form of instructions to the commissioners lately appointed to that Court, the principles on which commercial arrangements with Spain might, if desired on her part, be acceded to on ours; and I have to request your decision whether you will advise and consent to the extension of the powers of the commissioners as proposed, and to the ratification of a treaty which shall conform to those instructions should they enter into such a one with that Court.

Go WASHINGTON.

March 7, 1792

The Secretary Of State having understood from communications with the commissioners of His Catholic Majesty, subsequent to that which he reported to the President on the end of December last, that though they considered the navigation of the Mississippi as the principal object of negotiation between the two countries, yet it was expected by their Court that the conferences would extend to all the matters which were under negotiation on the former occasion with Mr. Gardoqui, and particularly to some arrangements of commerce, is of opinion that to renew the conferences on this subject also, since they desire it, will be but friendly and respectful, and can lead to nothing without our own consent, and that to refuse it might obstruct the settlement of the questions of navigation and boundary, and therefore reports to the President of the United States the following observations and instructions to the commissioners of the United States appointed to negotiate with the Court of Spain a treaty or convention relative to the navigation of the Mississippi, which observations and instructions he is of opinion should be laid before the Senate of the United States, and their decision be desired whether they will advise and consent that a treaty be entered into by the commissioners of the United States with Spain conformably thereto.

After stating to our commissioners the foundation of our rights to navigate the Mississippi and to hold our southern boundary at the thirty-first degree of latitude, and that each of these is to be a sine qua non, it is proposed to add as follows:

On the former conferences on the navigation of the Mississippi, Spain chose to blend with it the subject of commerce, and accordingly specific propositions thereon passed between the negotiators. Her object then was to obtain our renunciation of the navigation and to hold out commercial arrangements perhaps as a lure to us. Perhaps, however, she might then, and may now, really set a value on commercial arrangements with us, and may receive them as a consideration for accommodating us in the navigation, or may wish for them to have the appearance of receiving a consideration. Commercial arrangements, if acceptable in themselves, will not be the less so if coupled with those relating to navigation and boundary. We have only to take care that they be acceptable in themselves.

There are two principles which may be proposed as the basis of a commercial treaty: First, that of exchanging the privileges of native citizens, or, second, those of the most favored nation.

First. With the nations holding important possessions in America we are ready to exchange the rights of native citizens, provided they be extended through the whole possessions of both parties; but the propositions of Spain made on the former occasion (a copy of which accompanies this) were that we should give their merchants, vessels, and productions the privileges of native merchants, vessels, and productions through the whole of our possessions, and they give the same to ours only in Spain and the Canaries. This is inadmissible, because unequal; and as we believe that Spain is not ripe for an equal exchange on this basis, we avoid proposing it.

Second. Though treaties which merely exchange the rights of the most favored nations are not without all inconvenience, yet they have their conveniences also. It is an important one that they leave each party free to make what internal regulations they please, and to give what preferences they find expedient to native merchants, vessels, and productions; and as we already have treaties on this basis with France, Holland, Sweden, and Prussia, the two former of which are perpetual, it will be but small additional embarrassment to extend it to Spain. On the contrary, we are sensible it is right to place that nation on the most favored footing, whether we have a treaty with them or not, and it can do us no harm to secure by treaty a reciprocation of the right.

Of the four treaties before mentioned, either the French or the Prussian might be taken as a model; but it would be useless to propose the Prussian, because we have already supposed that Spain would never consent to those articles which give to each party access to all the dominions of the other; and without this equivalent we would not agree to tie our own hands so materially in war as would be done by the twenty-third article, which renounces the right of fitting out privateers or of capturing merchant vessels. The French treaty, therefore, is proposed as the model. In this, however, the following changes are to be made:

We should be admitted to all the dominions of Spain to which any other foreign nation is or may be admitted.

Article 5, being an exemption from a particular duty in France, will of course be omitted as inapplicable to Spain.

Article 8 to be omitted as unnecessary with Morocco, and inefficacious and little honorable with any of the Barbary powers(1); but it may furnish occasion to sound Spain on the project of a convention of the powers at war with the Barbary States to keep up by rotation a constant cruise of a given force on their coasts till they shall be compelled to renounce forever and against all nations their predatory practices. Perhaps the infidelities of the Algerines to their treaty of peace with Spain, though the latter does not choose to break openly, may induce her to subsidize us to cruise against them with a given force.

Articles 9 and 10, concerning fisheries, to be omitted as inapplicable.

Article 11 (2). The first paragraph of this article respecting the droit d'aubaine to be omitted, that law being supposed peculiar to France.

Article 17, giving asylum in the ports of either to the armed vessels of the other with the prizes taken from the enemies of that other, must be qualified as it is in the nineteenth article of the Prussian treaty, as the stipulation in the latter part of the article that " no shelter or refuge shall be given in the ports of the one to such as shall have made prize on the subjects of the other of the parties" would forbid us, in case of a war between France and Spain, to give shelter in our ports to prizes made by the latter on the former, while the first part of the article would oblige us to shelter those made by the former on the latter-a very dangerous covenant, and which ought never to be repeated in any other instance.

Article 29. Consuls should be received at all the ports at which the vessels of either party may be received.

Article 30, concerning free ports in Europe and America, free ports in the Spanish possessions in America, and particularly at The Havannah, are more to be desired than expected. It cad therefore only be recommended to the best endeavors of the commissioners to obtain them. It will be something to obtain for our vessels, 'dour, etc., admission to those ports during their pleasure. In like manners if they could be prevailed on to reestablish our right of cutting logwood in the Bay of Campeachy on the footing on which it stood before the treaty of 1763, it would be desirable and not endanger to us any contest with the English, who by the revolution treaty are restrained to the southeastern parts of Yucatan.

Article 31. The act of ratification on our part may require a twelvemonth from the date of the treaty, as the Senate meets regularly but once a year, and to return it to Madrid for exchange may require four months more.

The treaty must not exceed years duration, except the clauses relating to boundary and the navigation of the Mississippi, which must be perpetual and final. Indeed, these two subjects had better be in a separate instrument

There might have been mentioned a third species of arrangement-that of making special agreements on every special subject of commerce, and of settling a tariff of duty to be paid on each side on every particular article; but this would require in our commissioners a very minute knowledge of our commerce, as it is impossible to foresee every proposition of this kind which might be brought into discussion and to prepare them for it by information and instruction from hence. Our commerce, too, is as yet rather in a course of experiment, and the channels in which it will ultimately flow are not sufficiently known to enable us to provide for it by special agreement; nor have the exigencies of our new Government as yet so far developed themselves as that we can know to what degree we may or must have recourse to commerce for the purposes of revenue. No common consideration, therefore, ought to induce us as yet to arrangements of this kind. Perhaps nothing should do it with any nation short of the privileges of natives in all their possessions, foreign and domestic.

It were to be wished, indeed, that some positively favorable stipulations respecting our grain, flour, and fish could be obtained, even on our giving reciprocal advantages to some of the commodities of Spain, say her wines and brandies; but,

First. If we quit the ground of the most favored nation as to certain articles for our convenience, Spain may insist on doing the same for other articles for her convenience, and thus our commissioners will get themselves on the ground of a treaty of detail, for which they will not be prepared.

Second. If we grant favor to the wines and brandies of Spain, then Portugal and France will demand the same; and in order to create an equivalent Portugal may lay a duty on our fish and grain, and France a prohibition on our whale oils, the removal of which will be proposed as an equivalent.

Thus much, however, as to grain and flour may be attempted. There has not long since been a considerable duty laid on them in Spain. This was while a treaty on the subject of commerce was pending between us and Spain, as that Court considers the matter. It is not generally thought right to change the state of things pending a treaty concerning them. On this consideration and on the motive of cultivating our friendship, perhaps the commissioners may induce them to restore this commodity to the footing on which it was on opening the conferences with Mr. Gardoqui, on the 26th day of July, 1785. If Spain says, " Do the same by your tonnage on our vessels," the answer may be that " Our foreign tonnage affects Spain very little and other nations very much; whereas the duty on flour in Spain affects us very much and other nations very little; consequently there would be no equality in reciprocal relinquishment, as there had been none in the reciprocal innovation; and Spain, by insisting on this, would in fact only be aiding the interests of her rival nations, to whom we should be forced to extend the same indulgence. " At the time of opening the conferences, too, we had as yet not erected any system, our Government itself being not yet erected. Innovation then was unavoidable on our parts if it be innovation to establish a system. We did it on fair and general ground, on ground favorable to Spain; but they had a system, and therefore innovation was avoidable on their part.

TH: JEFFERSON.

ARTICLES PROPOSED BY DON DIEGO GARDOQI TO BE INSERTED IN THE TREATY WITH THE UNITED STATES.
First. That all commercial regulations affecting each other shall be founded in perfect reciprocity. Spanish merchants shall enjoy all the commercial privileges of native merchants in the United States, and American merchants shall enjoy all the commercial privileges of native merchants in the Kingdom of Spain and in the Canaries and other islands belonging to and adjacent thereto. The same privileges shall extend to their respective vessels and merchandise consisting of the manufactures and products of their respective countries.

Second. Each party may establish consuls in the countries of the other (excepting such provinces in Spain into which none have heretofore been admitted, viz, Bilboa and Guipusca), with such powers and privileges as shall be ascertained by a particular convention.

Third. That the bona fide manufactures and productions of the United States (tobacco only excepted, which shall continue under its present regulations may be imported in American or Spanish vessels into any parts of His Majesty's European dominions and islands aforesaid in like manner as if they were the productions of Spain, and, on the other hand, that the bona fide manufactures and productions of His Majesty's dominions may be imported into the United States in Spanish or American vessels in like manner as if they were the manufactures and productions of the said States. And further, that all such duties and imposts as may mutually be thought necessary to lay on them by either party shall be ascertained and regulated on principles of exact reciprocity by a tariff, to be formed by a convention for that purpose, to be negotiated and made within one year after the exchange of the ratification of this treaty; and in the meantime that no other duties or imposts shall be exacted from each other's merchants and ships than such as may be payable by natives in like cases.

Fourth. That inasmuch as the United States, from not having mines of gold and silver, may often want supplies of specie for a circulating medium, His Catholic Majesty, as a proof of his good will, agrees to order the masts and timber which may from time to time be wanted for his royal navy to be purchased and paid for in specie in the United States, provided the said masts and timber shall be of equal quality and when brought to Spain shall not cost more than the like may there be had for from other countries.

Fifth. It is agreed that the articles commonly inserted in other treaties of commerce for mutual and reciprocal convenience shall be inserted in this, and that this treaty and every article and stipulation therein shall continue in full force for ______ years, to be computed from the day of the date hereof

From:http://www.yale.edu/lawweb/avalon/presiden/messages/gw015.htm

jefferson on slavery

2008-06-26T00:01:00.000-04:00

What's new?

.... It will probably be asked, Why not retain and incorporate the blacks into the state, and thus save the expense of supplying, by importation of white settlers, the vacancies they will leave? Deep rooted prejudices entertained by the whites; ten thousand recollections, by the blacks, of the injuries they have sustained; new provocations; the real distinctions which nature has made; and many other circumstances, will divide us into parties, and produce convulsions, which will probably never end but in the extermination of the one or the other race. - To these objections, which are political, may be added others, which are physical and moral. The first difference which strikes us is that of colour. - Whether the black of the negro resides in the reticular membrane between the skin and scarf-skin, or in the scarf-skin itself; whether it proceeds from the colour of the blood, the colour of the bile, or from that of some other secretion, the difference is fixed in nature, and is as real as if its seat and cause were better known to us. And is this difference of no importance? Is it not the foundation of a greater or less share of beauty in the two races? Are not the fine mixtures of red and white, the expressions of every passion by greater or less suffusions of colour in the one, preferable to that eternal monotony, which reigns in the countenances, that immovable veil of black which covers all the emotions of the other race? Add to these, flowing hair, a more elegant symmetry of form, their own judgment in favour of the whites, declared by their preference of them, as uniformly as is the preference of the Oranootan for the black women over those of his own species. The circumstance of Superior beauty, is thought worthy attention in the propagation of our horses, dogs, and other domestic animals; why not in that of man? Besides those of colour, figure, and hair, there are other physical distinctions proving a difference of race. They have less hair on the face and body. They secrete less by the kidneys, and more by the glands of the skin, which gives them a very strong and disagreeable odour. This greater degree of transpiration renders them more tolerant of heat, and less so of cold than the whites. Perhaps too a difference of structure in the pulmonary apparatus, which a late ingenious [1] experimentalist has discovered to be the principal regulator of animal heat, may have disabled them from extricating, in the act of inspiration, so much of that fluid from the outer air, or obliged them in expiration, to part with more of it. They seem to require less sleep. A black after hard labour through the day, will be induced by the slightest amusements to sit up till midnight, or later, though knowing he must be out with the first dawn of the morning. They are at least as brave, and more adventuresome. But this may perhaps proceed from a want of forethought, which prevents their seeing a danger till it be present..- When present, they do not go through it with more coolness or steadiness than the whites. They are more ardent after their female: but love seems with them to be more an eager desire, than a tender delicate mixture of sentiment and sensation. Their griefs are transient. Those numberless afflictions, which render it doubtful whether heaven has given life to us in mercy or in wrath, are less felt, and sooner forgotten with them. In general, their existence appears to participate more of sensation than reflection. To this must be ascribed their disposition to sleep when abstracted from their diversions, and unemployed in labour. An animal whose body is at rest, and who does not reflect, must be disposed to sleep of course. Comparing them by their faculties of memory, reason, and imagination, it appears to me that in memory they are equal to the whites; in reason much inferior, as I think one could scarcely be found capable of tracing and comprehending the investigations of Euclid; and that in imagination they are dull, tasteless, and anomalous. It would be unfair to follow them to Africa for this investigation.

We will consider them here, on the same stage with the whites, and where the facts are not apocryphal on which a judgment is to be formed. It will be right to make great allowances for the difference of condition, of education, of conversation, of the sphere in which they move. Many millions of them have been brought to, and born in America. Most of them indeed have been confined to tillage, to their own homes, and their own society: yet many have been so situated, that they might have availed themselves of the conversation of their masters; many have been brought up to the handicraft arts, and from that circumstance have always been associated with the whites. Some have been liberally educated, and all have lived in countries where the arts and sciences are cultivated to a considerable degree, and have had before their eyes samples of the best works from abroad.

The Indians, with no advantages of this kind, will often carve figures on their pipes not destitute of design and merit. They will crayon out an animal, a plant, or a country, so as to prove the existence of a germ in their minds which only wants cultivation. They astonish you with strokes of the most sublime oratory; such as prove their reason and sentiment strong, their imagination glowing and elevated. But never yet could I find that a black had uttered a thought above the level of plain narration; never saw even an elementary trait of painting or sculpture. In music they are more generally gifted than the whites with accurate ears for tune and time, and they have been found capable of imagining a small catch. [2] Whether they will be equal to the composition of a more extensive run of melody, or of complicated harmony, is yet to be proved. Misery is often the parent of the most affecting touches in poetry. Among the blacks is misery enough, God knows, but no poetry. Love is the peculiar oestrum of the poet. Their love is ardent, but it kindles the senses only, not the imagination. Religion indeed has produced a Phyllis Whately [3] but it could not produce a poet. The compositions published under her name are below the dignity of criticism. The heroes of the Dunciad are to her, as Hercules to the author of that poem. Ignatius Sancho has approached nearer to merit in composition; yet his letters do more honour to the heart than the head. They breathe the purest effusions of friendship and general philanthropy, and show how great a degree of the latter may be compounded with strong religious zeal. He is often happy in the turn of his compliments, and his style is easy and familiar, except when he affects a Shandean fabrication of words. But his imagination is wild and extravagant, escapes incessantly from every restraint of reason and taste, and, in the course of its vagaries, leaves a tract of thought as incoherent and eccentric, as is the course of a meteor through the sky. His subjects should often have led him to a process of sober reasoning: yet we find him always substituting sentiment for demonstration. Upon the whole, though we admit him to the first place among those of his own colour who have presented themselves to the public judgment, yet when we compare him with the writers of the race among whom he lived and particularly with the epistolary class, in which he has taken his own stand, we are compelled to enrol him at the bottom of the column. This criticism supposes the letters published under his name to be genuine, and to have received amendment from no other hand; points which would not be of easy investigation. The improvement of the blacks in body and mind, in the first instance of their mixture with the whites, has been observed by every one, and proves that their inferiority is not the effect merely of their condition of life. We know that among the Romans, about the Augustan age especially, the condition of their slaves was much more deplorable than that of the blacks on the continent of America. The two sexes were confined in separate apartments, because to raise a child cost the master more than to buy one. Cato, for a very restricted indulgence to his slaves in this particular, took from them a certain price. But in this country the slaves multiply as fast as the free inhabitants. Their situation and manners place the commerce between the two sexes almost without restraint. The same Cato, on a principle of oeconomy, always sold his sick and superannuated slaves. He gives it as a standing precept to a master visiting his farm, to sell his old oxen, old wagons, old tools, old and diseased servants, and every thing else become useless. . . . The American slaves cannot enumerate this among the injuries and insults they receive. It was the common practice to expose in the island Esculapius, in the Tyber, diseased slaves, whose cure was like to become tedious. The emperor Claudius, by an edict, gave freedom to such of them as should recover, and first declared that if any person chose to kill rather than expose them, it should be deemed homicide. The exposing them is a crime of which no instance has existed with us; and were it to be followed by death, it would be punished capitally. We are told of a certain Vedius Pollio, who, in the presence of Augustus, would have given a slave as food to his fish, for having broken a glass. With the Romans, the regular method of taking the evidence of their slaves was under torture. Here it has been thought better never to resort to their evidence. When a master was murdered, all his slaves, in the same house, or within hearing, were condemned to death. Here punishment falls on the guilty only, and as precise proof is required against him as against a freeman. Yet notwithstanding these and other discouraging circumstances among the Romans, their slaves were often their rarest artists. They excelled too in science, insomuch as to be usually employed as tutors to their masters' children. Epictetus, Terence, and Phaedrus, were slaves. But they were of the race of whites. It is not their condition then, but nature, which has produced the distinction. Whether further observation will or will not verify the conjecture, that nature has been less bountiful to them in the endowments of the head, I believe that in those of the heart she will be found to have done them justice. That disposition to theft with which they have been branded, must be ascribed to their situation, and not to any depravity of the moral sense. The man, in whose favour no laws of property exist, probably feels himself less bound to respect those made in favour of others. When arguing for ourselves, we lay it down as a fundamental, that laws, to be just, must give a reciprocation of right; that, without this, they are mere arbitrary rules of conduct, founded in force, and not in conscience: and it is a problem which I give to the master to solve, whether the religious precepts against the violation of property were not framed for him as well as his slave? And whether the slave may not as justifiably take a little from one, who has taken all from him, as he may slay one who would slay him? That a change in the relations in which a man is placed should change his ideas of moral right or wrong, is neither new, nor peculiar to the colour of the blacks. Homer tells us it was so 2600 years ago.

Jove fix'd it certain, that whatever day
Makes man a slave, takes half his worth away.
But the slaves of which Homer speaks were whites. Notwithstanding these considerations which must weaken their respect for the laws of property, we find among them numerous instances of the most rigid integrity, and as many as among their better instructed masters, of benevolence, gratitude and unshaken fidelity. The opinion, that they are inferior in the faculties of reason and imagination, must be hazarded with great diffidence. To justify a general conclusion, requires many observations, even where the subject may be submitted to the anatomical knife, to optical classes, to analysis by fire, or by solvents. How much more then where it is a faculty, not a substance, we are examining; where it eludes the research of all the Senses; where the conditions of its existence are various and variously combined; where the effects of those which are present or absent bid defiance to calculation; let me add too, as a circumstance of great tenderness, where our conclusion would degrade a whole race of men from the rank in the scale of beings which their Creator may perhaps have given them. To our reproach it must be said, that though for a century and a half we have had under our eyes the races of black and of red men, they have never yet been viewed by us as subjects of natural history. I advance it therefore as a suspicion only, that the blacks, whether originally a distinct race, or made distinct by time and circumstances, are inferior to the whites in the endowments both of body and mind. It is not against experience to suppose, that different Species of the same genus, or varieties of the same species, may possess different qualifications. Will not a lover of natural history then, one who views the gradations in all the races of animals with the eye of philosophy, excuse an effort to keep those in the department of man as distinct as nature has formed them?

This unfortunate difference of colour, and perhaps of faculty, is a powerful obstacle to the emancipation of these people. Many of their advocates, while they wish to vindicate the liberty of human nature are anxious also to preserve its dignity and beauty. Some of these, embarrassed by the question `What further is to be done with them?' join themselves in opposition with those who are actuated by sordid avarice only. Among the Romans emancipation required but one effort. The slave, when made free, might mix with, without staining the blood of his master. But with us a second is necessary, unknown to history. When freed, he is to be removed beyond the reach of mixture.

The particular customs and manners that may happen to be received in that state?

It is difficult to determine on the standard by which the manners of a nation may be tried, whether catholic, or particular. It is more difficult for a native to bring to that standard the manners of his own nation, familiarized to him by habit. There must doubtless be an unhappy influence on the manners of our people produced by the existence of slavery among us. The whole commerce between master and slave is a perpetual exercise of the most boisterous passions, the most unremitting despotism on the one part, and degrading submissions on the other. Our children see this, and learn to imitate it; for man is an imitative animal. This quality is the germ of all education in him. From his cradle to his grave he is learning to do what he sees others do. If a parent could find no motive either in his philanthropy or his self love, for restraining the intemperance of passion towards his slave, it should always be a sufficient one that his child is present. But generally it is not sufficient. The parent storms, the child looks on, catches the lineaments of wrath, puts on the same airs in the circle of smaller slaves, gives a loose to the worst of passions, and thus nursed, educated, and daily exercised in tyranny, cannot but be stamped by it with odious pecularities. The man must be a prodigy who can retain his manners and morals undepraved by such circumstances. And with what execration should the statesman be loaded, who, permitting one half the citizens thus to trarnple on the rights of the other, transforms those into despots, and these into enemies, destroys the morals of the one part, and the amor patriae of the other. For if a slave can have a country in this world, it must be any other in preference to that in which he is born to live and labour for another; in which he must lock up the faculties of his nature, contribute as far as depends on his individual endeavours to the evanishment of the human race, or entail his own miserable condition on the endless generations proceeding from him. With the morals of the people, their industry also is destroyed. For in a warm climate, no man will labour for himself who can make another labour for him. This is so true, that of the proprietors of slaves a very small proportion indeed are ever seen to labour. And can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are of the gift of God? That they are not to be violated but with his wrath? Indeed I tremble for my country when I reflect that God is just: that his justice cannot sleep for ever: that considering numbers, nature and natural means only, a revolution of the wheel of fortune, an exchange of situation is among possible events: that it may become probable by supernatural interference! The almighty has no attribute which can take side with us in such a contest. - But it is impossible to be temperate and to pursue this subject through the various considerations of policy, of morals, of history natural and civil. We must be contented to hope they will force their way into every one's mind. I think a change already perceptible, since the origin of the present revolution. The spirit of the master is abating, that of the slave rising from the dust, his condition mollifying, the way I hope preparing, under the auspices of heaven, for a total emancipation, and that this is disposed, in the order of events, to be with the consent of the masters, rather than by their extirpation.

--------------------------------------------------------------------------------

Notes
1. Crawford.

2. Jefferson's own note: The instrument proper to them is the Banjar, which they brought hither from Africa, and which is the original of the guitar, its chords being precisely the four lower chords of the guitar.
If Jefferson is referring to the banjo here, he is completely wrong: only the ukelele-banjo has the same tone intervals as the 4 higher strings of the guitar, however the guitar is tuned in E and the ukelele-banjo in B: other four string banjo's are tuned like a violin (GMW).

3. This misspelled reference to Phillis Wheatley (1753-1784) illustrates how illogical Jefferson could become on race analysis. Considering that she was an African slave and largely self-taught, the marvel is her intellectual precocity not only as a poet, but as a fluent classicist and as a fascinating and brilliant conversationalist - all achieved before her death at the age of 31.

Text preparedby GMW for From Revolution to Reconstruction - an .HTML project.
Last update: 2005-11-7 time: 10:06 © 1994- 2008. All rights reserved.
University of Groningen Humanities Computing - American Studies

http://odur.let.rug.nl/~usa/P/tj3/writings/slavery.htm

2008-06-25T00:27:00.000-04:00

Headquarters 50th ovd
Raleigh N.C.

Apr 14th 1865

Dear Sister, You will doubtless be anxious to hear from me by the tune this will arrive. So although I do not owe you a letter I will write. Events of immense importance have transpired within two weeks. Richmond has been taken. Lee's entire army surrendered to Grant and Johnston has fled from Sherman. We have entered Raleigh in triumph and feel very much elated with the prospect of a speedy end of the war by the subjugation of the Rebels. When that event transpires you may expect to see my familiar countenance once more at home. The 27th day of August now something more than four months distant is the day which if the United States govt is true to pledges will see me free from all obligations to do military service. You may look for me say the last day of August or the first of September and if I dont come then just keep on looking. Trees and every thing are n full leaf. Peaches are of considerable size so as to have sloughed off the old blossom and look like peaches. The weather is very warm almost too much so to march and yet if my conjectures are right we push in after Johnston tomorrow and will give neither him or ourselves any rest until the whole affair is settled. This is a very fine sandy country very unlike that nearer the seacoast as instead of Swamps we now have hills of tolerable size and fine rolling farms. The people in Raleigh approach nearer to being Union than any we have seen before since we left E. Tennessee. Holden is to continue the publication of the Raleigh Standard as a Union paper which it has always been at heart, & as far as possible openly. The army has burned some very fine houses in this march. I have learned that a number of our men who were taken prisoners. Starved and otherwise mistreated on escaping took an oath to destroy all the property they were able in Southern territory sparing the women and children only. Accordingly along the roadside far in advance or far in the rear as we marched along might be seen dense volumes of black smoke rising. Splendid houses superior to any in Sheffield very much finer than Mr. Parks for instance containing splendid pianos the property of planters owning thousands of acres of land and hundreds of Negroes were destroyed in this way. I must confess I was glad to see them burn in most instances where I knew the owners to have been original traitors.

Write soon Your Bro.

A.M.Weston Direct Headquarters 50th O.V.D. 3rd Brig. 2nd Div. 23rd A.G. Dept. of N.C.

Love to every body Keep on writing I'll be home in a few months

(Asa M. Weston enlisted on 8/11/62 as Sergeant in Company K, 50th Ohio Infantry, 3/4/65 promoted to Sgt Major, 4/22/65 promoted to 2nd Lt, 6/26/65 mustered out at Salisbury, NC)

From:http://www.civilwargazette.faithsite.com/content.asp?CID=86873

2008-06-24T00:40:00.000-04:00

June 6th 1916
We had to pack our kits, and proceed up the line, we passed through Bayencourt, and then in artillery formation to Sailly-au-bois, and from here we marched in single file along a very muddy road, where in places men sank knee deep in mud, at last we reached the ruined town of Hebuterne, 400yds from our front line, there are no civilians here as the place is subject to heavy fire every day, we were billeted in the cellars of an old farm house which was minus a wall and the roof.
I took a stroll round the place after tea and found it absolutely ruined a church at one end had been badly battered and the walls all smashed and the roof gone, one side of the tower standing only, but a noticeable fact was that a crufic [crucifix?] in a most conspicuous place remained untouched.

June 7th 1916
We left our billets and went to the edge of the village, moving undercover of the broken walls, then entered a communication trench called 'Yale Street' (of y sector y29) moved along this trench in daylight for 300yds and then we were only 100yds from our own front line, and 400yds from the enemy front line, this 'com' trench was in places only 3ft deep, and we were exposed to the enemy fire, and our own work was to deepen this trench to 7ft, also make it wide enough for two men to pass, no earth could be thrown on top, but had to be put in sandbags and passed down the trench.

Everything went well 'till 3o'clock in the afternoon when 'Jerry' started to strafe, and strafed us away from the work, and managed it without any casualties, during the time we were working we had to keep our equipment on, also rifles at hand, and leaving the trench we looked 'rum cutters' being covered with mud and clay, all around the place were 'gas alarms'. This day was the first time I had been close to the enemy lines, and the first time I had got as far as a Support trench.

June 8th 1916
We worked in Yale Street Trench again, also in trench 48 which was much deeper, and about 10am our artillery opened a heavy strafe on the enemy trenches, and in reply the Germans shelled us heavily, and there being no dug outs here we were compelled to stick it, and chance our luck, there were no casualties, but four men got buried and had to be dug out, they were badly shaken, later a shell dropped on the parapet above four men and one had his leg blown off, and the trench was wrecked and we were compelled to move down a little way.

June 9th 1916
We fell in at 8-30p.m and entered "Wood Street communication trench" and passed the old fire trench and went up "New Wood Street" which was only about 2 ft deep, then got on the top, passed our front line which was being held by "The Rifle Rangers", through a gap in the barbed wire, we were paced out so many paces per man as a digging task, and told to dig ourselves in as quickly as possible.

We worked hard for about 2 an hour when the Germans opened heavy machine gun fire on us and swept us like a blanket, and being only 100 yds from the enemy lines it proved very trying, we carried on, off and on, for : of an hour when, when he got more machine guns sweeping that sector, by this time my part of the trench was about 18" deep so I could lie in it.

The machine guns keep on sweeping and the enemy opened out a "miniweffer" (trench mortar) barrage, four of our rifles were laying on the ground about 4 ft away and these got a direct hit, that was the last I saw of my rifle, also blew the trench away and left us as it were on the open ground.

The man in front of me called for help and on going to him I found he had a piece of shrapnel in the left shoulder blade, this was Private Joe (Hurnival of Runcorn), also he was hit on the lower middle part of the back, many men at this time were calling for help, out of our Platoon we had three casualties L/Cpl Fineflow who was hit in the back and the pieces had pierced the lungs he was vomiting a lot of blood, and Pte Edward Coalthorpe (of Chester) who was hit in ribs and left arm, one man in No10 Platoon was also hit, Stretcher Bearer Mostan, he was serious as he was hit in the lower part of the stomach and between the legs, after we had got the wounded away we returned to billets, it was 6a.m.

June 10th 1916
We worked from 11 o'clock in the morning until 2-45 p.m. when we returned to our billets and fell in again at 8p.m. and worked on top in the same place as the night previous, and returned at 2 a.m, and we had one casualty, this being the Corporal Brooks who was hit in the right wrist, the centre of the wrist being blown clean out.

This night when a shell burst mud and stones flew all around and I had my knee cut through being struck with a stone. This was Whit Sunday morning.

http://www.first-world-war.co.uk/thediary.htm#06061916

2008-06-22T22:41:00.001-04:00

Diary of Rachel Cormany.
1863
June 1863
June 14, 1863
Read the R. Telescope & wrote letters this A.M.--P.M. went to S. School, took Cora along--she did pretty well--was in Bro. Hokes Bible class. How much better I feel to get out to religious gathering. Intend to go more. Mrs. Dulany was there with her little one too. I got such a good book to read. Some excitement about the rebels come. Evening the excitement pretty high.

June 15, 1863
Monday. This morning pretty early Gen Milroys wagon train (so we were told) came.l Contrabands2 on ahead coming as fast as they could on all & any kind of horses, their eyes fairly protruding with fear--teams coming at the same rate--some with the covers half off--some lost--men without hats or coats--some lost their coats as they were flying, one darky woman astride of a horse going what she could. There really was a real panic. All reported that the rebels were just on their heels. Soon things became more quiet--& all day government wagons & horses were passing through. For awhile before dark the excitement abated a little--but it was only like the calm before a great storm. At dusk or a little before the news came that the rebels were in Greencastle & that said town was on fire. Soon after some of the our guard came in reporting that they had a skirmish with them. Soon followed 100-200 cavalry men--the guard. Such a skedadling as their was among the women & children to get into the houses. All thought the Rebels had really come. The report now is that they will be here in an hour. If I could only hear of My Samuels safety--Many have packed nearly all of their packable goods--I have packed nothing. I do not think that we will be disturbed even should they come. I will trust in God even in the midst of flying shells--but of course shall seek the safest place possible in that case--which I hope will not come to us. I have just put my baby to sleep & will now sit at the front door awhile yet--then retire, knowing all will be well.

June 16, 1863
Retired at 11 oclock. All was very quiet, so we concluded that all those reports must be untrue about the Reb's being so near, or that they had struck off in some other direction. Mr. Plough took his horse away so as to be on the safe side. So Annie and I were all alone. At 11 1/2 I heard the clattering of horses hoofs. I hopped out of bed & ran to the front window & sure enough there the Greybacks were going by as fast as their horses could take them down to the Diamond. Next I heard the report of a gun then they came back faster if possible than they came in. But a short time after the whole body came. the front ones with their hands on the gun triggers ready to fire & calling out as they passed along that they would lay the town in ashes if fired on again. It took a long time for them all to pass, but I could not judge how many there were--not being accustomed to seeing troops in such a body--At 2 oclock A.M. all was quiet again save an occasional reb. riding past. We went to bed again & slept soundly until 5 the morning. All seemed quiet yet. We almost came to the conclusion that the reb's had left again leaving only a small guard who took things quite leasurely . Soon however they became more active. Were hunting up the contrabands & driving them off by droves. O! How it grated on our hearts to have to sit quietly & look at such brutal deeds--I saw no men among the contrabands--all women & children. Some of the colored people who were raised here were taken along--I sat on the front step as they were driven by just like we would drive cattle. Some laughed & seemed not to care--but nearly all hung their heads. One woman was pleading wonderfully with her driver for her children--but all the sympathy she received from him was a rough "March along"--at which she would quicken her pace again. It is a query what they want with those little babies--whole families were taken. Of course when the mother was taken she would take her children. I suppose the men left thinking the women & children would not be disturbed. I cannot describe all the scenes--now--Noon--The Rebel horses with just enough men to take care of them & their teams, have just pased through town again on the retreat. Wonder what all this means. Just now the news came that the dismounted rebs are drawn up in line of battle out at McClures & expect a fight--so they sent their horses to the safe side of town in case a retreat is necessary. Some are walking or riding by every few minutes. The horses & wagons were taken back again. Evening--Had a good sleep this P.M. So had Pussy, & will retire trusting in God for safety.

June 17, 1863
Had quite a visiter last night. She came and aske whether I was Mrs Cormany. I told her I was. she then told me she was preacher Millers daughter, & that they had fled from the Reb's & she had no place to stay. So of course I told her I would keep her. I afterwards learned that she was a thief &c but I had promised to keep her so I put all little things out of reach, & frightened her by telling her I always had a loaded pistol near so I could shoot if anyone molested me. She acted quite strangely--before going to bed--wanted me to blow the light & get in bed & she after having shaken off her fleas would lock the door & come too--but I let her know that I lock my own door & that she is to get into bed--she slept all night & left early this morning. All was so quiet during the night that I veryly thought the Reb's had left--but they are still here. All forenoon they were carrying away mens clothing & darkeys. shortly after dinner their horses & wagons were taken on the retreat again. Yes Generals and all went. Saw Gen Jenkins,3 he is not a bad looking man--Some of the officers tipped their hats to us I answered it with a curl of the lip. I knew they did it to taunt us. The one after he had tipped his hat most graciously & received in answer a toss of the head & curl of the lip took a good laugh over it. There were a few real inteligent good looking men among them. What a pity that they are rebels. After the main body had passed the news came that our soldiers were coming & just then some 1/2 doz reb's flew past as fast as their horses could take them. we learned since that one of them fired Oaks warehouse & that he was very near being shot by the citizens.4 Among the last to leave were some with darkeys on their horses behind them. How glad we are they are gone--None of our Soldiers came.

http://etext.lib.virginia.edu/etcbin/browse-valley?id=FD1006&images=images/modeng/public/FD1006&data=/texts/english/civilwar/diaries&tag=public

RIP Geo. Carlin

2008-06-22T00:39:00.001-04:00

One of the most humorous social commentators is dead, George Carlin.

May he heckle and torture those in death he could not reach in life.

2008-06-21T23:55:00.000-04:00

This letter has struck me every time I come across it. Probably the most unpleasant duty short of fighting against Scott...

Arlington, Washington City P.O.
April 20, 1861
General:

Since my interview with you on the 18th instant I have felt that I ought not longer to retain my commission in the Army. I therefore tender my resignation, which I request you will recommend for acceptance.

It would have been presented at once, but for the struggle it has cost me to separate myself from a service to which I have devoted all the best years of my life & all the ability I possessed.

During the whole of that time, more than 30 years, I have experienced nothing but kindness from my superiors, & the most cordial friendship from my companions. To no one Genl have I been as much indebted as to yourself for uniform kindness & consideration, & it has always been my ardent desire to merit your approbation.

I shall carry with me to the grave the most grateful recollections of your kind consideration, & your name & fame will always be dear to me. Save in the defense of my native State, I never desire again to draw my sword.

Be pleased to accept my most earnest wishes for the continuance of your happiness & prosperity & believe me most truly yours

R. E. Lee

http://www.sonofthesouth.net/leefoundation/LettersWinfiedScott.htm

2008-06-21T00:02:00.000-04:00

April the 15 1865. Lower Chanceford.

Dear Friend,
After haveing done all the -------
On Saturday evening with the
Greatest of pleasure I have taken
The priveledge of a few minuts
To whold a conversation with you
Thou many miles apart we May
Be. I received a very Kind +
Welcome letter about noon yesterday
From my well wisher + lover +
Its content was very interresting
+ esceptable to me but
Whare do you think I was
When it came to my hands.
I will tell you but you
Musant tell any body nor
Think hard of it your self
For I Couldant help it I
Was in Bed but I am able
to be up and a doing to day.
I was sorry to here that
You had the head-ache but
I hope it is better by this
Time if it ant you had
Beter take care that you dont get
Wors than the headache + be
Obliged to go to bed as was yester
-day. If you do then what will become
Of you away whare you neither have
Friends nor relations nor not even
A gal to take care of you. You had
Beter come home for fear you do.
For you can get plenty of work
here on the canal every body in
the neighbourhood + more is working
There + they havant 1/2 hands enough
yet I would like very much to
See you comeing home for I was
out at Pine grove church on Sunday
Last + there I saw the bride +
groom + if you want to know who
they ware it was Mr. William moor
and Miss Mary hickman was her maden nam
I don't know what gussie will
Do know when wil moor as she
Calls him is gone unless you
Come up + hold her once a
Week but if that dont pleas
You + I exspect if you ware to come
Home you could get into a job
Of sleeping with Mary Jane Snyder
for I exspect she has to sleep by
her self since John went to the
Army I suppose you know for certain
By this time that David has gon
to the army + I herd yesterday that
He has the ague he didant write home
that he had but J. Stevens did.
Well my dear it is nearly 9 oclock
+ the rest the family are nearly
All gone to bed + I feel as much
like being there as any whare else to
I will quit writing for tonight I finnish
in the morning as tommorrow is Sunday
I will have plenty of time so good night
My Dear + I hope you will rest
contented + full assured that I will
remain yours fare well.

April the 16
Good Morning My dear friend
this is quite a pleasant morning
I almost forgot to tell you that
I got a letter about 2 week ago
forwarded from the president A
Lincoln but the next one he sends
to me he had beter not get you
to write it + I won't be so sure to
know that it came from you my
Dearest friend + only lover + loveing
Bob well I think I will haft to
draw my leter to a close for the present
time by telling you to write soon all
at presant from your kind friend
Sallie S. Scott to
Robert Barnett you said that you
wanted me to send you a stamp or
thats what I took it to be from the
way you had it speld I havent any
3 cts ones but will send you all the
one cent ones that I have at this time
I forgot the old hors he is doing well
only there is someting rong with his neck
so he cant put his hed down to drink
Sallie Seeper Robert James write soon

http://spec.lib.vt.edu/cwlove/seeper.html

post of the day

2008-06-20T01:19:00.000-04:00

HEADQUARTERS FOURTH BRIGADE, HUGER'S DIVISION, July 14,1862.
COLONEL: In obedience to order dated Headquarters Department Northern Virginia, July 10, 1862, I have the honor to submit the following report:

June 25, the Fourth Brigade, Huger's division, was posted about 5 miles from Richmond, between the Richmond and York River Railroad and the Williamsburg road. The brigade occupied rifle pits in the margin of the woods the railroad to be Williamsburg road. In front an open field extended along the line three-quarters of a mile wide to another belt of woods. The Ninth and Fifty-third Regiments and Fifth Battalion were thrown out as pickets in the woods in front of the field, with the Third Georgia, of General Wright's brigade, as a reserve.

Engaged the enemy at 10 a.m.; enemy in force; Fourteenth and Thirty-eighth sent in to support the line, which was maintained. Later the Fourteenth and Thirty-eighth ordered to occupy the advanced line, with the Ninth, Fifty-third, and Fifth Battalion as reserve; Third Georgia in rifle pits.

Loss on our side: One killed (private), 1 wounded (lieutenant), 2 missing. Loss of enemy unknown.

Prisoners taken and sent to General Wright's headquarters: One captain, 1 sergeant, 9 privates.

June 26, the Third Georgia at 5 p.m. relieved the Fourteenth and Thirty-eighth Virginia. The Fifth Battalion, Ninth, Fourteenth, Thirty-eighth, and Fifty-third ordered back to rifle pits.

June 27, the Fifty-third and Ninth relieved the Third Georgia at 4 p.m.; enemy tried to force the line; Fourteenth and Thirty-eighth ordered to support it; enemy driven back; General Huger orders the woods to be held; don't want to attack. Number of men present in the brigade for duty, 1,138; officers, 70 exclusive of the Third Georgia.

June 28, at sunrise Fourteenth Virginia was ordered to relieve the Fifty-third, which came back to rifle pits; reported loss 7 wounded; Ninth and Fourteenth Virginia in advance, Thirty-eighth as reserve; 4 p.m. Fifty-seventh Virginia ordered out as advance; all other regiments back to rifle pits.

June 29, the Thirty-eighth Virginia ordered to support Fifty-seventh at 6.30 a.m.

During the last five days there has been constant skirmishing along the line. Sections of Captains Turner's and Stribling's artillery companies were in position. The former did good service and delivered a very effective fire. The enemy did not come within range of the guns of the latter, who was ordered not to fire unless the enemy came into the field or appeared on the railroad. Brigade moved to Charles City road; skirmish engagement between General Mahone's brigade in advance and the enemy; Captain Grines' artillery company reported to me.

June 30, moved down Charles City road, General Mahone in advance; engaged the enemy with artillery; loss in my brigade: One killed, 1 wounded.

July 1, being on the Charles City road, between the creek called White Oak Swamp and P.Williams' farm, I was ordered by Major-General Huger, commanding division, with my brigade and General Wright's to pass to the right of the Charles City road and take the enemy in flank. Proceeding in this direction by a blind road for about 2 miles brought me into the Long Bridge road near the point where General Longstreet had engaged the enemy the day before. I reported to General Lee, commanding, and was ordered by him to proceed to the Quaker road in the direction of Willis' Church. Proceeding, in obedience to this order, for about a mile through the woods around Mrs.E.Garthright's farm, I met with Captain Talcott, the commanding general's aide, who informed me that the enemy were near. This [was] about 12 m. I immediately threw out the necessary pickets and skirmishers in front, and took a position with the right of my brigade in a ravine near the edge of the woods skirting Crew's farm on that side.

By a reconnaissance, made first by Colonel E.C.Edmonds, of the Thirty-eighth Virginia, and soon after verified by General Wright and myself (a sketch of which,made by Colonel Edmonds, was sent by me to the commanding general), I found that the enemy were in large force near and around Crew's house, and that the hill in front of the ravine we occupied was a good position for artillery. It was asked for, and Captains Pegram's and Grimes' batteries were sent. The enemy's pickets were handsomely driven in to prepare for our artillery. They were under the command of Lieutenant Colonel M.F.T.Evans, Fourteenth Virginia, the senior officer.

The enemy in the mean time had opened fire about 1 p.m. The fire was a terrible one, and the men stood it well. The enemy must have had thirty or forty pieces opposed to ours and of superior caliber. No men could have behaved better than Captains Pegram and Grimes; they worked their guns after their men were cut down and only retired when entirely disabled. I sent for more artillery repeatedly. One officer reported to me whose name I have unfortunately forgot, but what I wanted never arrived; that is, more guns and heavier ones.

About 3 p.m. General Longstreet came where I was, to whom I made known my wants, and he promised to let me have what I required. If sent, I never saw or heard of them. Shortly after this the enemy approached with a heavy body of skirmishing. I ordered the Thirty-eighth, Fourteenth, and Fifty-third Virginia Regiments, of my brigade, to drive them back, which they did in handsome style. In their ardor they went too far, but fortunately gained some protection by a wave of the ground between our position and that of the enemy. I was thinking of the best way to withdraw them and of the practicability of charging the enemy's battery, but another view of the ground and the distance, three-fourths of a mile, determined me in the opinion that it was folly to attempt it, unless there could be a simultaneous charge made on the right and left.

About this time (somewhere between 4 and 5 p.m.) General Magruder came to where I was, assumed command, and gave orders for a charge, my three regiments still in advance of General Mahone's and Wright's brigades (which came up immediately upon my right); following my three regiments came General Cobb's brigade, and soon after the Ninth and Fifty-third Virginia, of my brigade, and these by the Fifty-seventh Virginia, same brigade. The enemy's fire ceased soon after dark. My brigade remained on the field until the next morning, and retired by permission to drier ground.

For the time I was in command I have to thank General Wright for his hearty co-operation and assistance. He exposed himself unnecessarily; the country cannot afford to lose him.

To Colonel Edmonds and Major Joseph R.Cabell, of the Thirty-eighth Virginia, and to Colonel J.G.Hodges and Lieutenant-Colonel Evans, of the Fourteenth Virginia, my thanks are due. Others may equally merit them, I do not doubt it, but it is impossible for any one man to see everything on a battle-field. I am certainly pleased with the conduct of my brigade on the 1st instant, although there were some few who did not behave well.

My staff officers - Captain J.W.Pegram, assistant adjutant-general; Lieutenant J.D.Darden, aide-de-camp; Lieutenant W.L.Randolph, ordnance officer, and my volunteer aides, Lieutenant John Dunlop and the Rev.J.E. Joyner, chaplain of the Fifty-seventh Virginia - did all that men could do and did it well. Lieutenant Dunlop was especially much exposed in carrying orders.

Lieutenant R.T.Daniel, jr., adjutant of the Fifth Kentucky, reported to me on the 27th ultimo as volunteer aide; he rendered valuable service in a bold reconnaissance, and for his subsequent gallant conduct I have to refer you to the report of Major Cabell, Thirty-eighth Virginia, and for the meritorious conduct of many other I respectfully refer you to the respective reports of the subordinate commanders.

I would also mention the good conduct of one of my clerks, Private A.S.Darden, of Upshaw's Randolph Dragoons; he was with me all the time.

My brigade remained in camp until the 3rd instant, about 10 or 11 a.m. I was then ordered to report to General Longstreet, near Temperance Hall, about 3 miles from Shirley, nearly opposite the mouth of the Appomattox. On the road I received an order from General Longstreet to report to General A.P.Hill, which I did that evening (3rd) and remained subject [to] his orders until the 11th instant, when I rejoined my division at this place.

I have the honor to inclose the reports of subordinate commanders of the parts taken by them in the engagement of July 1; copies of reports of skirmishes on the 25th and 27th ultimo (originals previously forwarded), with lists of casualties.

All of which is respectfully submitted.

Very respectfully, your obedient servant,

L. A. ARMISTEAD,
Brigadier-General.
Colonel S. S. ANDERSON,
Assistant Adjutant-General, Huger's Division.

From: http://pw2.netcom.com/~buck1755/or1.htm

Post of the day

2008-06-19T00:17:00.001-04:00

The Statute of Laborers; 1351
("Statutes of the Realm," vol. i. p. 307.)
Edward by the grace of God etc. to the reverend father in Christ William, by the same grace archbishop of Canterbury, Primate of all England, greeting. Because a great part of the people and especially of the, workmen and servants has now died in that pestilence, some, seeing the straights of the masters and the scarcity of servants, are not willing to serve unless they receive excessive wages, and others, rather than through labour to gain their living, prefer to beg in idleness: We, considering the grave inconveniences which might come from the lack especially of ploughmen and such labourers, have held deliberation and treaty concerning this with the prelates and nobles and other learned men sitting by us; by whose consentient counsel we have seen fit to ordain: that every man and woman of our kingdom of England, of whatever condition, whether bond or free, who is able bodied and below the age of sixty years, not living from trade nor carrying on a fixed craft, nor having of his own the means of living, or land of his own with regard to the cultivation of which he might occupy himself, and not serving another,if he, considering his station, be sought after to serve in a suitable service, he shall be bound to serve him who has seen fit so to seek after him; and he shall take only the wages liveries, meed or salary which, in the places where he sought to serve, were accustomed to be paid in the twentieth year of our reign of England, or the five or six common years next preceding. Provided, that in thus retaining their service, the lords are preferred before others of their bondsmen or their land tenants: so, nevertheless that such lords thus retain as many as shall be necessary and not more; and if any man or woman, being thus sought after in service, will not do this, the fact being proven by two faithful men before the sheriffs or the bailiffs of our lord the king, or the constables of the town where this happens to be done,-straightway through them, or some one of them, he shall be taken and sent to the next jail, and there he shall remain in strict custody until he shall find surety for serving in the aforesaid form.

And if a reaper or mower, or other workman or servant, of whatever standing or condition he be, who is retained in the service of any one, do depart from the said service before the end of the term agreed, without permission or reasonable cause, he shall undergo the penalty of imprisonment, and let no one, under the same penalty, presume to receive or retain such a one in his service. Let no one, moreover, pay or permit to be paid to any one more wages, livery, meed or salary than was customary as has been said; nor let any one in any other manner exact or receive them, under penalty of paying to him who feels himself aggrieved from this, double the sum that has thus been paid or promised, exacted or received and if such person be not willing to prosecute, then it (the sum) is to be given to any one of the people who shall prosecute in this matter; and such prosecution shall take place in the court of the lord of the place where such case shall happen. And if the lords of the towns or manors presume of themselves or through their servants in any way to act contrary to this our present ordinance, then in the Counties, Wapentakes and Trithings suit shall be brought against them in the aforesaid form for the triple penalty (of the sum) thus promised or paid by them or the servants; and if perchance, prior to the present ordinance any one shall have covenanted with any one thus to serve for more wages, he shall not be bound by reason of the said covenant to pay more than at another time was wont to be paid to such person; nay, under the aforesaid penalty he shall not presume to pay more.

Likewise saddlers, skinners, white-tawers, cordwainers, tailors, smiths, carpenters, masons, tilers, shipwrights, carters and all other artisans and labourers shall not take for their labour and handiwork more than what, in the places where they happen to labour, was customarily paid to such persons in the said twentieth year and in the other common years preceding, as has been said; and if any man take more, he shall be committed to the nearest jail in the manner aforesaid.

Likewise let butchers, fishmongers, hostlers, brewers, bakers, pullers and all other vendors of any victuals, be bound to sell such victuals for a reasonable price, having regard for the price at which such victuals are sold in the adjoining places: so that such vendors may have moderate gains, not excessive, according as the distance of the places from which such victuals are carried may seem reasonably to require; and if any one sell such victuals in another manner, and be convicted of it in the aforesaid way, he shall pay the double of that which he received to the party injured, or in default of him, to another who shall be willing to prosecute in this behalf; and the mayor and bailiffs of the cities and Burroughs, merchant towns and others, and of the maritime ports and places shall have power to enquire concerning each and every one who shall in any way err against this, and to levy the aforesaid penalty for the benefit of those at whose suit such delinquents shall have been convicted; and in case that the same mayor and bailiffs shall neglect to carry out the aforesaid, and shall be convicted of this before justices to be assigned by us, then the same mayor and bailiffs shall be compelled through the same justices, to pay to such wronged person or to another prosecuting in his place, the treble of the thing thus sold, and nevertheless, on our part too, they shall be grievously punished.

And because many sound beggars do refuse to labour so long as they can live from begging alms, giving themselves up to idleness and sins, and, at times, to robbery and other crimes-let no one, under the aforesaid pain of imprisonment presume, under colour of piety or alms to give anything to such as can very well labour, or to cherish them in their sloth, so that thus they may be compelled to labour for the necessaries of life.

Henderson's Note
The Statute of Labourers, was issued after the great plague of the Black Death, which raged in Europe from 1347 to 1349. The same fields remained to be tilled, the same manual labour to be performed; but a large proportion of the labourers had died, and the rest could command what wages they pleased. Edward III, to stop this evil, issued this rather Draconian decree.

http://www.yale.edu/lawweb/avalon/medieval/statlab.htm

2008-06-17T23:27:00.000-04:00

from Timothy Gowing, Voice from the Ranks: a personal narrative of the Crimean Campaign (Nottingham: 1895). digitalized here :http://victorianweb.org/history/crimea/gowing/valley.html

The nights began to get very cold, and we found the endless trench work very trying, often having to stand up to our ankles (and sometimes knees) in muddy water, with the enemy pounding at us all the time with heavy ordnance, both direct and vertical, guns often dismounted and platforms sent flying in all directions; our sailors generally paid the enemy out for it. The Russians often fought with desperation, but moral strength in war is to physical as three to one. Our men had handled the enemy very roughly more than once since the Alma, and they were shy at coming to close quarters unless they could take us by surprise.

Thus things went on day after day until the morning of the 25th October, 1854, when we awoke to find the enemy were trying to cut off our communications at Balaclava, which brought on the battle.

I was not engaged, but had started from camp in charge of twenty-five men on fatigue to Balaclava, to bring up blankets for the sick and wounded. It was a cold, bleak morning as we left our tents. Our clothing was getting very thin, with as many patches as Joseph's coat. More than one smart Fusilier's back or shoulder was indebted to a piece of black blanket, with hay bound round his legs to cover his rags and keep the biting wind out a little; and boots were nearly worn out, with none to replace them. There was nothing about our outward appearance lady-killing; we were looking stern duty in the face. There was no murmuring, however — all went jogging along, cracking all kinds of jokes.

We could hear the firing at Balaclava, but thought it was the Turks and Russians playing at long bowls, which generally ended in smoke. We noticed, too, mounted orderlies and staff officers riding as if they were going in for the Derby.

This map is taken from Christopher Hibbert's The Destruction of Lord Raglan, (Longmans, 1961), with the author's kind permission. Copyright, of course, remains with Dr Hibbert.
Click on the image for a larger view
As we reached the hills overlooking the plains of Balaclava, we could see our cavalry formed up, but none of us thought what a sight we were about to witness. The enemy's cavalry in massive columns were moving up the valley; the firing was at times heavy. Several volleys of musketry were heard. The Turks ran from our guns, but found time to plunder our camp. In a few minutes more the enemy got a slight taste of the 93rd Highlanders, and after satisfying themselves they were not all Turks who were defending our communications, they retired as quickly as possible. My party was unarmed, hence my keeping them out of harm's way.

One column of the enemy's cavalry advanced to within half a mile of our people, who were a handful compared with the host in front of them. It was soon evident our generals were not going to stop to count them, but go at them at once. It was a most thrilling and exciting moment.

The Charge of the Heavy Brigade at Balaklava from William Simpson's The Seat of War in the East, second series. I am grateful to John Sloan for permission to use this image from the Xenophongi web site, which graciously he has agreed to share with the Victorian Web. Copyright, of course, remains with him.
Click on the image for a larger view
As our trumpets sounded the advance, the Greys and Inniskillings moved forward at a sharp pace and as they began to ascend the hill they broke into a charge. The pace was terrific, and with ringing cheer and continued shouts they dashed right into the centre of the enemy's column. It was an awful crash as the glittering helmets of the boys of the Green Isle and the bearskins of the Greys dashed into the midst of levelled lances with sabres raised. The earth seemed to shake with a sound like thunder. Hundreds of the enemy went down in that terrible rush. It was heavy men mounted on heavy horses, and it told a fearful tale.

A number of the spectators, as our men dashed into that column, exclaimed, 'They are lost! They are lost!' It was lance against sword, and at times our men became entirely lost in the midst of a forest of lances. But they cut their way right through, as if they had been riding over a lot of donkeys. A shout of joy burst from us and the French, who were spectators, as our men came out of the column. It was an uphill fight of 500 Britons against 5,000 Muscovites.

Fresh columns of squadrons closed round this noble band with a view of crushing them — but help was now close at hand. With another terrible crash, and with a shout truly English, in went the Royal Dragoons on one flank of the column; and with thrilling shouts of 'Faugh-a-Ballagh' [1] the Royal Irish buried themselves in a forest of lances on the other. Then came thundering on the Green Horse (5th Dragoon Guards) and rode straight at the enemy's column.

The Russians must have had a bad time of it. At a distance, it was impossible to see the many hand-to-hand encounters; the thick overcoats of the enemy, we knew well, would ward off many a blow. Our men, we found afterwards, went in with point, or with the fifth, sixth, or seventh cuts about the head [2]. The consequence was, the field was covered pretty thickly with the enemy; but hundreds of their wounded were carried away. We found that they were all strongly buckled to their horses, so that it was only when the horse fell that the rider was likely to fall. But if ever a body of cavalry were handled roughly, that column of Muscovites were. They bolted — that is, all that could — like a flock of sheep with a dog at their tails. Their officers tried to bring them up, but it was no go; they had had enough and left the field to General Scarlett's band of heroes. How ever that gallant officer escaped was a miracle, for he led some thirty yards right into the jaws of death and came off without a scratch.

The victorious brigade triumphantly rejoined their comrades and were received with a wild burst of enthusiasm. It would be well if we could now draw the curtain and claim a glorious victory. The French officers were loud in their admiration of the daring feat of arms they had just witnessed; many of them said it was most glorious. Sir Colin Campbell might well get a little excited and express his admiration of the Scots Greys. This old hero rode up to the front of the Greys with hat in hand and exclaimed with pride:

'Greys, gallant Greys! I am past sixty-one years; if I were young again, I should be proud to be in your ranks. You are worthy of your forefathers!'

But they were not alone: it was the Union Brigade, as at Waterloo, that had just rode through and through the enemy and drew the words from Lord Raglan, who had witnessed both charges, 'Well done, Scarlett!'

The losses of this noble brigade were comparatively trifling, taking into consideration the heavy loss they inflicted upon the foe. The Union Brigade was composed of one English, one Irish, and one Scotch regiment; so it was old England, ould Ireland, and Scotland for ever!

But we now come to where someone had blundered. The light cavalry had stood and witnessed the heroic deeds of their comrades the heavies. Had we had an Uxbridge, a Cotton, or a Le Marchant, at the head of our cavalry, not many of the enemy's heavy column, which had just received such a mauling from the Heavy Brigade, would have rejoined their comrades. The light cavalry would have been let go at the right time and place, and the enemy would have paid a much heavier price for a peep at Balaclava.

The noble six hundred had not to wait much longer. They were all on the look-out for something. It comes at last. A most dashing soldier, Captain Nolan, rode at full speed from Lord Raglan with a written order to the commander of our cavalry, the late Lord Lucan:

Lord Raglan wishes the cavalry to advance to the front, and try to prevent the enemy carrying away the guns. Troop of horse artillery may accompany. French cavalry is on your left. Immediately. R. AIREY
Anyone without a military eye will be able to see at a glance that it was our guns (from which the Turks had run away) our commander wished to retake from the enemy; it could have been done without much loss, as General Sir G. Cathcart was close at hand with his division. This was not the first order sent to the commander of our cavalry. The former order ran thus:

Cavalry to advance and take advantage of any opportunity to recover the heights. They will be supported by the infantry, which have been ordered to advance on two fronts.
What heights? Why, the heights on which our spiked guns are! It must have been very amazing to our commander that his orders had not been obeyed, although some thirty-five precious minutes had elapsed. From the high ground he could see that the enemy were about to take our seven guns away in triumph, hence the order 'immediately'. The commander of our cavalry evidently lost his balance with the gallant Nolan, as we find from authentic works upon the war. Lord Lucan (who was irritable, to say the least of it) said to Nolan:

'Attack, sir? Attack what? What guns, sir?'
'Lord Raglan's orders,' he replied, 'are that the cavalry should attack immediately.'
Nolan , a hot-blooded son of the Green Isle, could not stand to be snapped at any longer, and he added, 'There, my Lord, is your enemy, and there are your guns!'
The order was misconstrued — and the noble six hundred were launched into the valley of death! Poor Captain Nolan was the first that fell. But they and he shall live renowned in story.

Thus far, I had been an eye-witness of one of the noblest feats of arms that ever was seen upon a battlefield. It spoke volumes to the rising generation. Go and do likewise. Never say die. A brave man can die but once, but a cowardly sneak all his life long. It told the enemy plainly the metal our cavalry were made of. They said that we were red devils at the Alma; it must be acknowledged that they got well lathered then, and now the Union Brigade of heavy horse had shaved them very roughly. As for the Light Brigade, with sickness, disease, a strong escort for our Commander-in-Chief, and mounted orderlies for the different generals, it hardly mustered the strength of one regiment on an Indian footing.

There was a lot of excitement on the hill-side when we found the Light Brigade was advancing, first at a steady trot, then they broke into a gallop. Their noble leader, the Earl of Cardigan, might well say, 'Here goes the last of the Cardigans! [3] Some one (an officer) said:

'What on earth are they going to do? Surely they are not going to charge the whole Russian army! It's madness!'

But, madness or not, they were simply obeying an order. And this noble band pressed on towards the enemy, sweeping down the valley at a terrific pace, in all the pride of manhood. Every man's heart on that hill-side beat high.

'They are lost! They are lost!' burst from more than one spectator.

The Charge of the Heavy Brigade at Balaklava from William Simpson's The Seat of War in the East, second series.
I am grateful to John Sloan for permission to use this image from the Xenophongi web site, which graciously he has agreed to share with the Victorian Web. Copyright, of course, remains with him. Click on the thumbnail for a larger image
The enemy's guns — right, left and front — opened on this devoted band. A heavy musketry fire was likewise opened; but still they pressed on. The field was soon strewn with the dead and wounded. It was a terrible sight to have to stand and witness without the power of helping them. The excitement was beyond my pen to express. Big briny tears gushed down more than one man's face that had resolutely stormed the Alma. To see their countrymen rushing at a fearful pace right into the jaws of death was a most exciting scene to stand and witness!

The field was now covered with the wreck of men and horses. They at last reached the smoke. Now and then we could hear the distant cheer and see their swords gleaming above the smoke, as they plunged into one of the terrible batteries that had swept their comrades down.

An officer very kindly lent me his field-glass for a short time. The field presented a ghastly sight, with the unnatural enemy hacking at the wounded — some trying to drag their mangled bodies from the awful cross-fire — but a few escaped the bloodthirsty Cossack's lance.

We could see the enemy formed up to cut off all retreat; but it was now do or die. In our fellows went with a ringing cheer, and cut a road through them; and now, to our horror, the brutish enemy opened their guns with grape upon friend and foe, thus involving all in one common ruin; and the guns again opened on their flanks.

It was almost miraculous how any of that noble band escaped. As each brigade or party came back they were greeted with a hearty cheer. Our gallant allies, the French, had witnessed the heroic deeds of the Light Brigade, and now the Chasseurs went at the enemy in a most dashing manner, to help to rescue the remains of such a noble band. The Chasseurs d'Afrique charged more like madmen than anything else; they had witnessed the Charge of the Light Brigade, and it had had the effect of rousing them to emulation. The chivalrous conduct of our allies on this field will always be remembered with gratitude; they had ten killed and twenty-eight wounded.

All cavalry charges are desperate work. As a rule, they are soon over; but they leave, particularly if successful, a heavily bloodstained mark behind. This was the only field on which our cavalry were engaged during the campaign; at the Alma a few squadrons were on the field, but not engaged. At Inkerman a portion of the cavalry were formed up — they then would have had a chance if the enemy had broken through the infantry. As far as the siege was concerned, they only did the looking-on part.

Our gallant allies admired much the conduct of our cavalry, both heavy and light. General Bosquet said that the charge of the Heavies was sublime; that of the Light Brigade was splendid 'but it was not war'.

We have not the slightest hesitation in asserting that the Light Brigade was sacrificed by a blunder. It is but little use trying to lay the blame on the shoulders of poor Captain Nolan; had he lived, the cavalry would have gone at our guns and recaptured them, or had a good try for it. It was Lord Lucan, and no one else, that ordered the charge. To say the least of it, it was a misconception of an order. But I am confident that Old England will long honour the memory of the noble six hundred.

Had the battle continued, the First and Fourth Divisions would have had a hand in the pie, as they were on the ground but not engaged.

Had my party been armed, I should most likely have gone down the hill at the double and formed up on the left of 'the thin red line' — the 93rd Highlanders. Shortly after the sanguinary charge of the Light Brigade, I moved forward as fast as I could. On arriving at Balaclava I found the stores closed up, and the Assistant Quartermaster-General ordered me to take my party on to the field to assist in removing the wounded, as far as it lay in my power.

Off I went at once. I found the cavalry still formed up. The Light Brigade were but a clump of men ... Noble fellows! They were few, but fearless still. I was not allowed to proceed further for some time, and I had the unspeakable pleasure of grasping more than one hand of that noble brigade. There was no mistaking their proud look as they gave me the right hand of fellowship!

A sergeant of the old Cherry Pickers, who knew me well, gave me a warm shake of the hand, remarking, 'Ah, my old Fusilier, I told you a week ago we would have something to talk about before long.'
'But, I replied, 'has there not been some mistake?'
'It cannot be helped now — we have tried to do our part. It will all come out some day.'

My men carried a number of the Heavies from the field to the hospitals, then I got my store of priceless blankets and off we plodded through the mud back to camp; we had something to talk about on our way home.

Our gallant allies, the French, were in high glee — they could hardly control themselves. As soon as they caught sight of us, they commenced to shout, 'Bon Anglais, bon Anglais!' And so it continued until I reached our camp.

Exciting and startling events now rapidly succeeded each other: the victorious cavalry had hardly sheathed their swords after their conflict with the enemy when about 10,000, almost maddened with drink and religious enthusiasm, took another peep at our camp next day, supported by some thirty guns. This afterwards was called 'Little Inkerman', and was a stiff fight while it lasted.

About midday on the 26th October the enemy came out of the town in very strong columns and attacked us, just to the right of the Victoria Redoubt; the fighting was of a very severe nature. The Second Division, under Sir de Lacy Evans, received them first; and a part of the Light Division had a hand in it. The enemy made cock-sure of beating us and brought trenching tools with them, but were again doomed to be disappointed. We were hardly prepared for them but soon collected ourselves and closed upon them with the bayonet when, after some hard fighting, they were hurled from the field.

They paid dearly for a peep at our camp, leaving close upon 1,000 dead and wounded. They retired much quicker than they came, with our heavy guns sweeping them down by scores and cutting lanes through their columns. Our artillery on this occasion did great execution, whilst a continuous rain of Minié rifle balls mowed their ranks like grass, and for the finishing stroke they got that nasty 'piece of cold steel'; our huge Lancaster guns simply killed the enemy by wholesale.

General Bosquet kindly offered assistance, but the reply of our Commander was, 'Thank you, General, the enemy are already defeated and too happy to leave the field to me.'

The attack of the 26th was nothing more nor less than a reconnaissance in force, preparatory to the memorable Battle of Inkerman, but it cost them heavily, while we also lost a large number of men. On this field the brutal enemy distinguished themselves by bayoneting all our wounded that the pickets were compelled to leave behind in falling back for a short distance. The stand made by the pickets of the 30th, 55th, and 95th on our right was grand, for they retired disputing every stone and bush that lay in their way.

The following morning our commander, under a flag of truce, reminded the Russian chief that he was at war with Christian nations and requested him to take steps to respect the wounded, in accordance with humanity and the laws of civilized nations. Nevertheless, the remonstrance did not stop their brutality. A few days later, on the memorable field of Inkerman, the Russians murdered almost every wounded man who had the misfortune to fall into their hands.

Whilst the pickets were holding on with desperation, the Royal Fusiliers and portions of the Royal Welch, 33rd Duke's Own, and 2nd Battalion Rifle Brigade, went with all speed to the Five-Gun Battery to reinforce the pickets there, and a portion of us were directed to the slopes of the White House Ravine.

We had just got into position when we observed one of the enemy retiring towards Sevastopol with a tunic on the muzzle of his rifle, belonging to one of the Fusiliers who was on fatigue in the ravine, cutting wood, when the attack commenced. Having nothing to defend himself with, he had to show his heels.

One of the Rifle Brigade at once dashed off shouting that the tunic should not go into the town. As the Rifleman neared, the Russian turned and brought his rifle to the present. John Bull immediately did the same. As luck would have it, neither of them was capped [4] . They closed to box [fist-fight]; the Briton proving the Russian's superior at this game, knocked him down, jumping on top of his antagonist. But the Russian proved the strongest in this position and soon had the Rifleman under. We watched them but dared not fire. A corporal of the Rifles ran as fast as he could to assist his comrade, but the Russian drew a short sword and plunged at our man, and had his hand raised for a second. The corporal at once dropped on his knee and shot the Russian dead.

Our men cheered them heartily from the heights. They were both made prisoners of war by an officer, and in due course brought before the commander of our forces, who made all enquiries into the case and marked his displeasure with the young officer by presenting £5 to the gallant Rifleman for his courage in not allowing the red coat to be carried into Sevastopol as a trophy, and promoted the corporal to sergeant for his presence of mind in saving the life of his comrade. No end of dare-devil acts like the above could be quoted, for the enemy always got good interest for anything which they attempted.

Our numbers were now fast diminishing from sickness and hardship; our clothing began to get very thin; we had none too much to eat, and plenty of work, both by night and by day, but there was no murmuring. We had as yet received no reinforcements, though the enemy had evidently been strongly reinforced.

Day after day passed without anything particular being done except trench work. Our men went at it with a will — without a whimper — wet through from morn till night, then lay down in mud with an empty belly, to get up next morning, perhaps to go into the trenches and be peppered at all day, to return to camp like drowned rats, and to stand to arms half the night.

The following letter was written from the

Camp before Sevastopol, October 27th, 1854
My Dear Parents,
Long before this reaches you, you will have heard that our bombardment has proved a total failure; if anything, we got the worst of it. The French guns were nearly all silenced, but our allies stuck to us well. But you will have heard that we have thrashed the enemy again, on two different fields.
On the 25th inst. they attacked our position at Balaclava. Our cavalry got at them — it was a grand sight, in particular the charge of the Heavy Brigade, for they went at them more like madmen than anything that I can explain; the Greys and Inniskillings (one a Scotch and the other an Irish regiment) went at them first, and they did it manfully. They rode right through them, as if they'd been a lot of old women, it was a most exciting scene. I hear that the Light Cavalry have been cut to pieces, particularly the 11th Hussars and the 17th Lancers. The rumour in camp is that someone has been blundering, and that the Light Cavalry charge was all a mistake; the truth will come out some day. The mauling that our Heavy Cavalry gave the enemy they will not forget for a day or two. I was not engaged in fighting but simply going down to Balaclava on fatigue. You will most likely see a full account of the fight in the newspapers, and I feel you will be more interested in our fight, which we had yesterday (the 26th). What name they are going to give it, I do not know. It lasted about an hour and a half, but it was very sharp.
The Second and Light Divisions had the honour of giving them a good thrashing, and I do not think they will try their hands at it again for a little while. We had not much to do with it; it was the 30th, 41st, 49th, and 95th that were particularly engaged, and they gave it to them properly. We supported them. The field was covered with their dead and wounded — our artillery simply mowed them down by wholesale. The Guards came up to our assistance, but they were not engaged more than they were at Balaclava.
We charged them right to the town. I heard some of our officers say they believed we could have gone into the town with them; but our noble old commander knew well what he was about. I mean Sir De Lacy Evans, for he commanded the field.
You must excuse this scrawl, as I must be off — I am for the trenches tonight. It is raining in torrents, so we are not likely to be short of water; but I am as hungry as a hunter. Don't be uneasy; thank God I am quite well, and we must make the best of a bad job. As long as we can manage to thrash them every time we meet them, the people at home must not grumble while they can sit by their firesides, and smoke their pipes, and say, 'We've beat them again!'
We begin to get old hands at this work now. It is getting very cold and the sooner we get at the town and take it the better. It is immensely strong, and looks an ugly place to take, but we will manage it some day. The enemy fight well behind stone walls, but let us get at them and I will be bound to say that we will do the fighting as well as our forefathers did under Nelson and Wellington. By the bye, our sailors, who man our heavy guns, are a tough and jolly set of fellows.
I shall not finish this letter until I come off duty.
October 29th

Well, I've got back to camp again, We have had a rough twenty four hours of it; it rained nearly the whole time. The enemy kept pitching shell into us nearly all night, and it took us all our time to dodge their Whistling Dicks [5], as our men have named them. We were standing nearly up to our knees in mud and water, like a lot of drowned rats, nearly all night; the cold, bleak wind cutting through our thin clothing (that now is getting very thin and full of holes, and nothing to mend it with). This is ten times worse than all the fighting.
We have not one ounce too much to eat and, altogether, there is a dull prospect before us. But our men keep their spirits up well, although we are nearly worked to death night and day. We cannot move without sinking nearly to our ankles in mud. The tents we have to sleep in are full of holes, and there is nothing but mud to lie down in, or scrape it away with our hands the best we can — and soaked to the skin from morning to night (so much for honour and glory)! I suppose we shall have leather medals for this one day — I mean those who have the good fortune to escape the shot and shell of the enemy and the pestilence that surrounds us.
I shall write as often as I can; and if I do not meet you any more in this world, I hope to meet you in a far brighter one. Dear Mother, now that I am face to face with death almost every day, I think of some of my wild boyish tricks and hope you will forgive me; and if the Lord protects me through this, I will try and be a comfort to you in your declining days. Good-bye, kind and best of mothers. I must conclude now. Try and keep up your spirits
And believe me ever
Your affectionate son,
T. GOWING, Sergeant, Royal Fusiliers
Notes
[1] Faugh-a-Ballagh: Gaelic for 'clear the way'.

[2] fifth, sixth, or seventh cuts: these were techniques taught in sabre drill and were aimed at the head. Cavalry troops used sabres as one of their main weapons.

[3] What he actually said was, "Here goes the last of the Brudenells."

[4] 'neither of them was capped': neither gun would fire. The reference is to the percussion caps that were needed for the gun to be fired.

[5] Whistling Dicks: huge shells that made a whistling noise as they flew through the air.

post of the day

2008-06-17T00:30:00.000-04:00

History of the Wars [written c. 550 CE], Book III, chapters iii-vii

Now the Vandals, dwelling about the Maeotic Lake [the Sea of Azov], since they were pressed by hunger, moved to the country of the Germans, who are now called Franks, and the river Rhine, associating with themselves the Alans, a Gothic people [Arkenberg: actually, they were one of the Indo-Iranian peoples]. Then from there, under the leadership of Godigisclus, they moved and settled in Hispania, which is the first land of the Roman Empire on the side of the ocean [406-07 CE]. At that time Honorius made an agreement with Godigisclus that they should settle there on condition that it should not be to the detriment of the country. But there was a law among the Romans, that if any persons should fail to keep their property in their own possession, and if, meanwhile, a time amounting to thirty years should pass, that these persons should thenceforth not be entitled to proceed against those who had forced them out, but they were excluded by demurrer from access to the court; and in view of this he established a law that whatever time should be spent by the Vandals in the Roman domain should not be spent by the Vandals in the Roman domain should not by any means be counted toward this thirty-year demurrer. And Honorius himself, when the West had been driven by him to this pass, died of disease [August 27, 423 CE].

Now before this, as it happened, the royal power had been shared by Honorius with Constantius, the husband of Placidia [Galla Placidia], the sister of Arcadius and himself; but he lived to exercise the power only a few days, and then, becoming seriously ill, he died [421 CE] while Honorius was still living, having never succeeded in saying or in doing anything worth recounting; for the time was not sufficient during which he lived in possession of the royal power. Now a son of this Constantius, Valentinian, a child just weaned, was being reared in the palace of Theodosius, but the members of the imperial court in Rome chose one of the soldiers there, John by name, as emperor. This man was both gentle and well-endowed with sagacity and thoroughly capable of valorous deeds. At any rate he held the tyranny five years [actually he only ruled eighteen months] and directed it with moderation, and he neither gave ear to slanderers nor did he do any unjust murder, willingly at least, nor did he set his hand to robbing men of money; but he did not prove able to do anything at all against the barbarians, since his relations with Byzantium were hostile. Against this John, Theodosius, the son of Arcadius [Theodosius II, reigned 408-450 CE], sent a great army and Aspar and Ardaburius, the son of Aspar, as generals, and wrested from him the tyranny and gave over the royal power to Valentinian, who was still a child [Valentinian III, reigned 423-455 CE].

And Valentinian took John alive, and he brought him out in the hippodrome of Aquileia with one of his hands cut off and caused him to ride in state on an ass, and then after he had suffered much ill treatment from the stage-performers there, both in word and in deed, he put him to death. Thus Valentinian took over the power of the West. But Placidia, his mother, had reared this emperor and educated him in an altogether effeminate manner, and in consequence he was filled with wickedness from childhood. For he associated mostly with sorcerers and those who busy themselves with the stars, and, being an extraordinarily zealous pursuer of love affairs with other men's wives, he conducted himself in a most indecent manner, although he was married to a woman of exceptional beauty. And not only was this true, but he also failed to recover for the empire anything of what had been wrested from it before, and he both lost Libya in addition to the territory previously lost and was himself destroyed. And when he perished, it fell to the lot of his wife and children to become captives. Now the disaster in Libya came about as follows.

There were two Roman generals, Aetius and Bonifacius, especially valiant men and in experience of many wars inferior to none of that time at least. These two came to be at variance in regard to matters of state, but they attained to such a degree of high-mindedness and excellence in every respect that if one should call either of them "the last of the Romans" he would not err, so true was it that all the excellent qualities of the Romans were summed up in these two men. One of these, Bonifacius, was appointed by Placidia general of all Libya. Now, this was not in accord with the wishes of Aetius, but he by no means disclosed the fact that it did not please him. For their hostility had not as yet come to light, but was concealed behind the countenance of each.

But when Bonifacius had got out of the way, Aetius slandered him to Placidia, saying that he was setting up a tyranny and had robbed her and the emperor of all Libya, and he said that it was very easy for her to find out the truth; for if she should summon Bonifacius to Rome, he would never come. And when the woman heard this, Aetius seemed to her to speak well and she acted accordingly. But Aetius, anticipating her, wrote to Bonifacius secretly that the mother of the emperor was plotting against him and wished to put him out of the way. And he predicted to him that there would be convincing proof of the plot; for he would be summoned very shortly for no reason at all. Such was the announcement of the letter. And Bonifacius did not disregard the message, for as soon as those arrived who were summoning him to the emperor, he refused to give heed to the emperor and his mother, disclosing to no one the warning of Aetius. So when Placidia heard this, she thought that Aetius was exceedingly well-disposed towards the emperor's cause and took under consideration the question of Bonifacius.

But Bonifacius, since it did not seem to him that he was able to array himself against the emperor, and since if he returned to Rome there was clearly no safety for him, began to lay plans so that, if possible, he might have a defensive alliance with the Vandals, who, as previously stated, had established themselves in Hispania not far from Libya. There Godigliscus had died and the royal power had fallen to his sons, Gontharis, who was born to him from his wedded wife, and Gaiseric, of illegitimate birth. But the former was still a child and not of very energetic temper, while Gaiseric had been excellently trained in warfare, and was the cleverest of all men. Bonifacius accordingly sent to Hispania those who were his own most intimate friends and gained the adherence of each of the sons of Godigisclus on terms of complete equality, it being agreed that each one of the three, holding a third part of Libya, should rule over his own subjects; but if a foe should come against any one of them to make war, that they should in common ward off the aggressors. On the basis of this agreement the Vandals crossed the strait at Gades [modern Cadíz] and came into Libya, and the Visigoths in later times settled in Hispania.

But in Rome the friends of Bonifacius, remembering the character of the man and considering how strange his action was, were greatly astonished to think that Bonifacius was setting up a tyranny, and some of them at the order of Placidia went to Carthage. There they met Bonifacius and saw the letter of Aetius, and after hearing the whole story they returned to Rome as quickly as they could and reported to Placidia how Bonifacius stood in relation to her. And though the woman was dumbfounded, she did nothing unpleasant to Aetius nor did she upbraid him for what he had done to the emperor's house, for he himself wielded great power and the affairs of the empire were already in an evil plight; but she disclosed to the friends of Bonifacius the advice Aetius had given, and, offering oaths and pledges of safety, entreated them to persuade the man, if they could, to return to his fatherland and not to permit the empire of the Romans to lie under the hand of barbarians.

And when Bonifacius heard this, he repented of his act and of his agreement with the barbarians, and he besought them incessantly, promising them everything, to remove from Libya. But since they did not receive his words with favor, but considered that they were being insulted, he was compelled to fight with them, and being defeated in battle, he retired to Hippo Regius [modern Bona], a strong city in the portion of Numidia that is on the sea. There the Vandals made camp under the leadership of Gaiseric and began a siege; for Gontharis had already died. And they say that he perished at the hand of his brother. The Vandals, however, do not agree with those who make this statement, but say that Gontharis was captured in battle by Germans in Hispania and impaled, and that Gaiseric was already sole ruler when he led the Vandals into Libya. This, indeed, I have heard from the Vandals, stated in this way. But after much time had passed by, since they were unable to secure Hippo Regius either by force or by surrender, and since at the same time they were being pressed by hunger, they raised the siege. And a little later Bonifacius and the Romans in Libya, since a numerous army had come from both Rome and Byzantium and Aspar with them as general, decided to renew the struggle, and a fierce battle was fought in which they were badly beaten by the enemy, and they made haste to flee as each one could. And Aspar betook himself homeward, and Bonifacius, coming before Placidia, acquitted himself of the suspicion, showing that it had arisen against him for no true cause.

So the Vandals, having wrested Libya from the Romans in this way, made it their own. And those of the enemy whom they took alive they reduced to slavery and held under guard. Among these happened to be Marcian, who later upon the death of Theodosius assumed the imperial power. At that time, however, Gaiseric commanded that the captives be brought into the king's courtyard, in order that it might be possible for him, by looking at them, to know what master each of them might serve without degradation. And when they were gathered under the open sky, about midday, the season being summer, they were distressed by the sun and sat down. And somewhere or other among them Marcian, quite neglected, was sleeping. Then an eagle flew over him spreading out his wings, as they say, and always remaining in the same place in the air he cast a shadow over Marcian alone. And Gaiseric, upon seeing from the upper storey what was happening, since he was an exceedingly discerning person, suspected that the thing was a divine manifestation, and summoning the man enquired of him who he might be. And he replied that he was a confidential adviser of Aspar; such a person the Romans call a "domesticus" in their own tongue. And when Gaiseric heard this and considered first the meaning of the bird's action, and then remembered how great power Aspar exercised in Byzantium, it became evident to him that the man was being led to royal power. He therefore by no means deemed it right to kill him, reasoning that, if he should remove him from the world, it would be very clear that the thing which the bird had done was nothing (for he would not honor with his shadow a king who was about to die straightaway), and he felt, too, that he would be killing him for no good cause; and if, on the other hand, it was fated that in later times the man should become king, it would never be within his power to inflict death upon him; for that which has been decided upon by God could never be prevented by a man's decision. But he bound Marcian by oaths that, if it should be in his power, he would never take up arms against the Vandals at least. Thus, then, Marcian was released and came to Byzantium, and when at a later time Theodosius died he received the empire. And in all other respects he proved himself a good emperor [reigned 450-457 CE], but he paid no attention at all to affairs in Libya. But this happened in later times.

At that time Gaiseric, after conquering Aspar and Bonifacius in battle, displayed a foresight worth recounting, whereby he made his good fortune most thoroughly secure. For fearing lest, if once again an army should come against him from both Rome and Byzantium, the Vandals might not be able to use the same strength and enjoy the same fortune (since human affairs are wont to be overturned by Heaven and to fail by reason of the weakness of men's bodies), he was not lifted up by the good fortune he had enjoyed, but rather became moderate because of what he feared, and so he made a treaty with the Emperor Valentinian providing that each year he should pay to the emperor tribute from Libya, and he delivered over one of his sons, Huneric, as a hostage to make this agreement binding. So Gaiseric both showed himself a brave man in the battle and guarded the victory as securely as possible, and, since the friendship between the two people increased greatly, he received back his son Huneric. And at Rome Placidia had died before this time, and after her, Valentinian, her son, also died, having no male offspring, but two daughters had been born to him from Eudoxia, the child of Theodosius. And I shall now relate in what manner Valentinian died.

There was a certain Maximus [Petronius Maximus, reigned 455 CE], a Roman senator, of the house of that Maximus [Emperor in Gaul, Britain, and Spain 383-388] who, while usurping the imperial power, was overthrown by the elder Theodosius [Theodosius I] and put to death, and on whose account also the Romans celebrate the annual festival named from the defeat of Maximus. This younger Maximus was married to a woman discreet in her ways and exceedingly famous for her beauty. For this reason a desire came over Valentinian to have her to wife. And since it was impossible, much as he wished it, to meet her, he plotted an unholy deed and carried it to fulfillment. For he summoned Maximus to the palace and sat down with him to a game of draughts, and a certain sum was set as a penalty for the loser; and the emperor won in this game, and receiving Maximus' ring as a pledge for the agreed amount, he sent it to his house, instructing the messenger to tell the wife of Maximus that her husband bade her come as quickly as possible to the palace to salute the queen Eudoxia. And she, judging by the ring that the message was from Maximus, entered her litter and was conveyed to the emperor's court. And she was received by those who had been assigned this service by the emperor, and led into a certain room far removed from the women's apartments, where Valentinian met her and raped her, much against her will. And she, after the outrage, went to her husband's house weeping and feeling the deepest possible grief because of her misfortune, and she cast many curses upon Maximus as having provided the cause for what had been done.

Maximus, accordingly, became exceedingly aggrieved at that which had come to pass, and straightway entered into a conspiracy against the emperor; but when he saw that Aetius was exceedingly powerful, for he had recently conquered Attila [at the Battle of Chalôns in 451 CE], who had invaded the Roman domain with a great army of Massagetae [i.e., Huns] and the other Scythians, the thought occurred to him that Aetius would be in the way of his undertaking. And upon considering this matter, it seemed to him that it was the first, paying no heed to the fact that the whole hope of the Romans centered in him. And since the eunuchs who were in attendance upon the emperor were well-disposed toward him, he persuaded the emperor by their devices that Aetius was setting on foot a revolution. And Valentinian, judging by nothing else than the power and valor of Aetius that the report was true, put the man to death [September 21, 454 CE]. Whereupon a certain Roman made himself famous by a saying which he uttered. For when the emperor enquired of him whether he had done well in putting Aetius to death, he replied saying that, as to this matter, he was not able to know whether he had done well or perhaps otherwise, but one thing he understood exceedingly well, that he had cut off his own right hand with the other.

Later on Maximus slew the emperor with no trouble and secured the tyranny [455 CE], and he married Eudoxia by force. For the wife to whom he had been wedded had died not long before. And on one occasion in private he made the statement to Eudoxia that it was all for the sake of her love that he had carried out all that he had done. And since she felt a repulsion for Maximus even before that time, and had been desirous of exacting vengeance from him for the wrong done Valentinian, his words made her swell with rage still more against him, and led her on to carry out her plot, since she had heard Maximus say that on account of her the misfortune had befallen her husband. And as soon as day came, she sent to Carthage entreating Gaiseric to avenge Valentinian, who had been destroyed by an unholy man, in a manner unworthy both of himself and of his imperial station, and to deliver her, since she was suffering unholy treatment at the hand of the tyrant. And she impressed it upon Gaiseric that, since he was a friend and ally and so great a calamity had befallen the imperial house, it was not a holy thing to fail to become an avenger. For from Byzantium she thought no vengeance would come, since Theodosius had already departed from the world and Marcian had taken over the empire [March 17, 455 CE].

And Gaiseric, for no other reason than that he suspected that much money would come to him, set sail for Italy with a great fleet. And going up to Rome, since no one stood in his way, he took possession of the palace. Now while Maximus was trying to flee, the Romans threw stones at him and killed him, and they cut off his head and each of his other members and divided them among themselves. But Gaiseric took Eudoxia captive, together with Eudocia and Placidia, the children of herself and Valentinian, and placing an exceedingly great amount of gold and other imperial treasure in his ships sailed to Carthage, having spared neither bronze nor anything else whatsoever in the palace. He plundered also the temple of Jupiter Capitolinus, and tore off half of the roof. Now this roof was of bronze of the finest quality, and since gold was laid over it exceedingly thick, it shone as a magnificent and wonderful spectacle. But of the ships with Gaiseric, one, which was bearing the statutes, was lost, they say, but with all the others the Vandals reached port in the harbor of Carthage. Gaiseric then married Eudocia to Huneric, the elder of his sons; but the other of the two women, being the wife of Olybrius, a most distinguished man in the Roman senate, he sent to Byzantium together with her mother, Eudoxia, at the request of the emperor. Now the power of the East had fallen to Leo [Leo I, reigned 457-474 CE], who had been set in this position by Aspar, since Marcian had already passed from the world.

Afterwards Gaiseric devised the following scheme. He tore down the walls of all the cities in Libya except Carthage, so that neither the Libyans themselves, espousing the cause of the Romans, might have a strong base from which to begin a rebellion, nor those sent by the emperor have any ground for hoping to capture a city and by establishing a garrison in it to make trouble for the Vandals. Now at that time it seemed that he had counseled well and had ensured prosperity for the Vandals in the safest possible manner; but in later times when these cities, being without walls, were captured by Belisarius all the more easily and with less exertion, Gaiseric was then condemned to suffer much ridicule, and that which for the time he considered wise counsel turned out for him to be folly. For as fortunes change, men are always accustomed to change with them their judgments regarding what had been planned in the past. And among the Libyans all who happened to be men of note and conspicuous for their wealth he handed over as slaves, together with their estates and all their money, to his sons Huneric and Genzon. For Theodorus, the youngest son, had died already, being altogether without offspring, either male or female. And he robbed the rest of the Libyans of their estates, which were both very numerous and excellent, and distributed them among the nations of the Vandals, and as a result of this these lands have been called "Vandals' estates" up to the present time.

And it fell to the lot of those who had formerly possessed these lands to be in extreme poverty and to be at the same time free men; and they had the privilege of going away wheresoever they wished. And Gaiseric commanded that all the lands which he had given over to his sons and to the other Vandals should not be subject to any kind of taxation. But as much of the land as did not seem to him good he allowed to remain in the hands of the former owners, but assessed so large a sum to be paid on this land for taxes to the government that nothing whatever remained to those who retained their farms. And many of them were constantly being sent into exile or killed. For charges were brought against them of many sorts, and heavy ones too; but one charge seemed to be the greatest of all, that a man, having money of his own, was hiding it. Thus the Libyans were visited with every form of misfortune.

The Vandals and the Alans he arranged in companies, appointing over them no less than eighty captains, whom he called "chiliarchs" [i.e., "leaders of a thousand"], making it appear that his host of fighting men in active service amounted to eighty thousand. And yet the number of the Vandals and Alans was said in former times, at least, to amount to no more than fifty thousand men. However, after that time by their natural increase among themselves and by associating other barbarians with them they came to be an exceedingly numerous people. But the names of the Alans and all the other barbarians, except the Mauretanii, were united in the name of Vandals. At that time, after the death of Valentinian, Gaiseric gained the support of the Mauretanii, and every year at the beginning of spring he made invasions into Sicily and Italy, enslaving some of the cities, razing others to the ground, and plundering everything; and when the land had become destitute of men and of money, he invaded the domain of the emperor of the East. And so he plundered Illyricum and the most of the Peloponnesus and of the rest of Greece and all the islands which lie near it. And again he went off to Sicily and Italy, and kept plundering and pillaging all places in turn. And one day when he had embarked on his ship in the harbor of Carthage, and the sails were already being spread, the pilot asked him, they say, against what men in the world he bade them go. And he in reply said: "Plainly against those with whom God is angry." Thus without any cause he kept making invasions wherever chance might lead him.

And the Emperor Leo, wishing to punish the Vandals because of these things, was gathering an army against them; and they say that this army amounted to about one hundred thousand men. And he collected a fleet of ships from the whole of the eastern Mediterranean, showing real generosity to both soldiers and sailors, for he feared lest from a parsimonious policy some obstacle might arise to hinder him in his desire to carry out his punishment of the barbarians. Therefore, they say, thirteen hundred centenaria were expended by him to no purpose. But since it was not fated that the Vandals should be destroyed by this expedition, he made Basiliscus commander-in-chief, the brother of his wife Berine, a man who was extraordinarily desirous of the royal power, which he hoped would come to him without a struggle if he won the friendship of Aspar. For Aspar himself, being an adherent of the Arian faith, and having no intention of changing it for another, was unable to enter upon the imperial office, but he was easily strong enough to establish another in it, and it already seemed likely that he would plot against the Emperor Leo, who had given him offence. So they say that since Aspar was then fearful lest, if the Vandals were defeated, Leo should establish his power most securely, he repeatedly urged upon Basiliscus that he should spare the Vandals and Gaiseric.

Now before this time [468 CE.] Leo had already appointed and sent Anthemius as Emperor of the West [reigned 467-472 CE], a man of the senate of great wealth and high birth, in order that he might assist him in the Vandalic war. And yet Gaiseric kept asking and earnestly entreating that the imperial power be given to Olybrius, who was married to Placidia, the daughter of Valentinian [III], and on account of his relationship [his son-in-law] well-disposed toward him, and when he failed in this he was still more angry and kept plundering the whole land of the emperor. Now there was in Dalmatia a certain Marcellianus, one of the acquaintances of Aetius and a man of repute, who, after Aetius had died in the manner told above [III.iv.27], no longer deigned to yield obedience to the emperor, but beginning a revolution and detaching all the others from allegiance, held the power of Dalmatia himself, since no one dared encounter him. But the Emperor Leo at that time won over Marcellianus by very careful wheedling, and bade him go to the island of Sardinia, which was then subject to the Vandals. And he drove out the Vandals and gained possession of it with no great difficulty. And Heracleius was sent from Byzantium to Tripolis in Libya, and after conquering the Vandals of that district in battle, he easily captured the cities, and leaving his ships there, led his army on foot toward Carthage. Such, then, was the sequence of events which formed the prelude of the war.

But Basiliscus with his whole fleet put in at a town distant from Carthage no less than two hundred and eighty stades (now it so happened that a temple of Hermes had been there from of old, from which fact the place was named Mercurium; for the Romans called Hermes "Mercurius"), and if he had not purposely played the coward and hesitated, but had undertaken to go straight for Carthage, he would have captured it at the first onset, and he would have reduced the Vandals to subjection without their even thinking of resistance; so overcome was Gaiseric with awe of Leo as an invincible emperor, when the report was brought to him that Sardinia and Tripolis and been captured, and he saw the fleet of Basiliscus to be such as the Romans were said never to have had before. But, as it was, the general's hesitation, whether caused by cowardice or treachery, prevented this success. And Gaiseric, profiting by the negligence of Basiliscus, did as follows. Arming all his subjects in the best way he could, he filled his ships, but not all, for some he kept in readiness empty, and they were the ships which sailed most swiftly. And sending envoys to Basiliscus, he begged him to defer the war for the space of five days, in order that in meantime he might take counsel ad do those things which were especially desired by the emperor. They say, too, that he sent also a great amount of gold without the knowledge of the army of Basiliscus and thus purchased this armistice. And he did this, thinking, as actually did happen, that a favoring wind would rise for him during this time. And Basiliscus, either as doing a favor to Asper in accordance with what he had promised, or selling the moment of opportunity for money, or perhaps thinking it the better course, did as he was requested and remained quietly in the camp, awaiting the moment favorable to the enemy.

But the Vandals, as soon as the wind had arisen for them which they had been expecting during the time they lay at rest, raised their sails and, taking in tow the boats which, as has been stated above, they had made ready with no men in them, they sailed against the enemy. And when they came near, they set fire to the boats which they were towing, when their sails were bellied by the wind, and let them go against the Roman fleet. And since there were a great number of ships there, these boats easily spread fire wherever they struck, and were themselves readily destroyed together with those with which they came in contact. And as the fire advanced in this way the Roman fleet was filled with tumult, as was natural, and with a great din that rivaled the noise caused by the wind and the roaring of the flames, as the soldiers together with the sailors shouted orders to one another and pushed off with their poles the fire-boats and their own ships as well, which were being destroyed by one another in complete disorder. And already the Vandals too were at hand ramming and sinking the ships, and making booty of such of the soldiers as attempted to escape, and of their arms as well. But there were also some of the Romans who proved themselves brave men in this struggle, and most of all John, who was a general under Basiliscus and who had no share whatever in his treason. For a great throng having surrounded his ship, he stood on the deck, and turning from side to side kept killing very great numbers of the enemy from there, and when he perceived that the ship was being captured, he leaped with his whole equipment of arms from the deck into the sea. And though Genzon, the son of Gaiseric, entreated him earnestly not to do this, offering pledges and holding out promises of safety, he nevertheless threw himself into the sea, uttering this one word, that John would never come under the hands of dogs.

So this war came to an end, and Heracleius departed for home; for Marcellianus had been destroyed treacherously by one of his fellow-officers. And Basiliscus, coming to Byzantium, seated himself as a suppliant in the sanctuary of Christ the Great God, and although, by the intercession of Berine, the queen, he escaped this danger, he was not able at that time to reach the throne, the thing for the sake of which everything had been done by him. For the Emperor Leo not long afterwards destroyed both Aspar and Ardaburius in the palace, because he suspected that they were plotting against his life [471 CE]. Thus, then, did these events take place.

Now Anthemius, the emperor of the West, died at the hand of his son-in-law Ricimer [August 11, 472 CE], and Olybrius, succeeding to the throne, a short time afterward suffered the same fate. And when Leo also had died in Byzantium [October 10, 472 CE], the imperial office was taken over by the younger Leo [Leo II], the son of Zeno and Ariadne, the daughter of Leo I, while he was still only a few days old. And his father [Zeno, reigned 474-491 CE] having been chosen as partner in the royal power, the child forthwith passed from the world. Majorinus also deserves mention, who had gained the power of the West before this time [reigned 456-461 CE]. For this Majorinus, who surpassed in every virtue all who have ever been emperors of the Romans, did not bear lightly the loss of Libya, but collected a very considerable army against the Vandals and came to Liguria, intending himself to lead the army against the enemy. For Majorinus never showed the least hesitation before any task and least of all before the dangers of war. But thinking it not inexpedient for him to investigate first the strength of the Vandals and the character of Gaiseric and to discover how the Mauretanii and the Libyans stood with regard to friendship or hostility toward the Romans, he decided to trust no eyes other than his own in such a matter.

Accordingly he set out as if an envoy from the emperor to Gaiseric, assuming some fictitious name. And fearing lest, by becoming known, he should himself receive some harm and at the same time prevent the success of the enterprise, he devised the following scheme. His hair, which was famous among all men as being so fair as to resemble pure gold, he anointed with some kind of dye, which was especially invented for this purpose, and so succeeded completely in changing it for the time to a dark hue. And when he came before Gaiseric, the barbarian attempted in many ways to terrify him, and, in particular, while treating him with engaging attention, as if a friend, he brought him into the house where all his weapons were stored, a numerous and exceedingly noteworthy array. Thereupon they say that the weapons shook of their own accord and gave forth a sound of no ordinary or casual sort, and then it seemed to Gaiseric that there had been an earthquake, but when he got outside and made enquiries concerning the earthquake, since no one else agreed with him, a great wonder, they say, come over him, but he was not able to comprehend the meaning of what had happened.

So Majorinus, having accomplished the very things he wished, returned to Liguria, and, leading his army on foot, came to the Pillars of Hercules, purposing to cross over the strait at that point, and then to march by land from there against Carthage. And when Gaiseric became aware of this, and perceived he had been tricked by Majorinus in the matter of the embassy, he became alarmed and made his preparations for war. And the Romans, basing their confidence on the valor of Majorinus, already began to have fair hopes of recovering Libya for the empire. But meantime Majorinus was attacked by the disease of dysentery and died [461 CE], a man who had shown himself moderate toward his subjects, and an object of fear to his enemies.

And another emperor, Nepos, upon taking over the empire [July 24, 474 CE], living to enjoy it only a few days, died of disease, and Glycerius after him entered into this office and suffered a similar fate [474-475 CE]. And after him Augustus [Romulus Augustulus, 475-476 CE] assumed the imperial power. There were, moreover, still other emperors in the West before this time, but though I know their names well, I shall make no mention of them whatever. For it so fell out that they lived only a short time after attaining the office, and as a result of this accomplished nothing worthy of mention. Such was the course of events in the west.

But in Byzantium Basiliscus, being no longer able to master his passion for royal power, made an attempt to usurp the throne, and succeeded without difficulty, since Zeno, together with his wife, sought refuge in Isauria, which was his native home. And while he was maintaining his tyranny for a year and eight months he was detested by practically everyone and in particular by the soldiers of the court on account of the greatness of his avarice. And Zeno, perceiving this, collected an army and came against him. And Basiliscus sent an army under the general Harmatus in order to array himself against Zeno. But when they had made camp near one another, Harmatus surrendered his army to Zeno, on the condition that Zeno should appoint as Caesar Harmatus' son Basiliscus, who was a very young child, and leave him as successor to the throne upon his death. And Basiliscus, deserted by all, fled for refuge to the same sanctuary as formerly. And Acacius, the priest of the city, put him into the hands of Zeno, charging him with impiety and with having brought great confusion and many innovations into the Christian doctrine, having inclined toward the heresy of Eutyches. And this was so. And after Zeno had thus taken over the empire a second time, he carried out his pledge to Harmatus formally by appointing his son Basiliscus Caesar, but not long afterwards he stripped him of the office and put Harmatus to death. And he sent Basiliscus together with his children and his wife into Cappadocia in the winter season, commanding that they should be destitute of food and clothes and every kind of care. And there, being hard pressed by both cold and hunger, they took refuge in one another's arms, and embracing their loved ones, perished. And this punishment overtook Basiliscus for the policy he had pursued. These things, however, happened in later times.

But at that time Gaiseric was plundering the whole Roman domain just as much as before, if not more, circumventing his enemy by craft and driving them out of their possessions by force, as has been previously said, and he continued to do so until the emperor Zeno came to an agreement with him and an endless peace was established between them, by which it was provided that the Vandals should never in all time perform any hostile act against the Romans nor suffer such a thing at their hands. And this peace was preserved by Zeno himself and also by his successor in the empire, Anastasius. And it remained in force until the time of the emperor Justinus. But Justinian, who was the nephew of Justinus, succeeded him in the imperial power, and it was in the reign of this Justinian that the war with which we are concerned came to pass, in the manner which will be told in the following narrative.

Gaiseric, after living on a short time, died at an advanced age, having made a will in which he enjoined many things upon the Vandals and in particular that the royal power among them should always fall to that one who should be the first in years among all the male offspring descended from Gaiseric himself. So Gaiseric, having ruled over the Vandals thirty-nine years from the time when he captured Carthage, died, as I have said [477 CE]

From Halsall's internet history sourcebook: http://www.fordham.edu/halsall/ancient/procopius-vandals.html

Today's Post

2008-06-16T00:37:00.000-04:00

Rome's 12 Tables...

The Twelve Tables

Introduction
Duodecim Tabularum. Tradition tells us that the code was composed by a commission, first of ten and then of twelve men, in 451-450 B.C., was ratifed by the Centuriate Assembly in 449 B.C., was engraved on twelve tablets (whence the title), which were attached to the Rostra before the Curia in the Forum of Rome.

Table I. Proceedings Preliminary to Trial
1. If the plaintiff summons the defendant to court the defendant shall go. If the defendant does not go the plaintiff shall call a witness thereto. Only then the plaintiff shall seize the defendant.

2. If the defendant attempts evasion or takes flight the plaintiff shall lay hand on him.

3. If sickness or age is an impediment he who summons the defendant to court shall grant him a vehicle. If he a does not wish he shall not spread a carriage with cushions.

4. For a freeholder' a freeholder shall be surety; for a proletary anyone who wishes shall be surety.

5. There shall be the same right of bond and of conveyance with the Roman people for a steadfast person and for a person restored to allegiance.

6. When the parties agree on the matter the magistrate shall announce it.

7. If they agree not on terms the parties shall state their case before the assembly in the meeting place or before the magistrate in the market place before noon. Both parties being present shall plead the case throughout together.

8. If one of the parties does not appear the magistrate shall adjudge the case, after noon, in favor of the one present.

9. If both parties are present sunset shall be the time limit of the proceedings.

10. … sureties … subsureties … with platter and loincloth ...

Table II. Trial
1a. The penal sum in an action by solemn deposit shall be either 500 asses or 50 asses ... It shall be argued by solemn deposit with 500 asses, when the property is valued at 1,000 asses or more, but with 50 asses, when the property is valued at less than 1,000 asses. But if the controversy is about the freedom of a person, although the person may be very valuable, yet the case shall be argued by a solemn deposit of 50 asses. ...

1b. An action by demand for a judex ... concerning that which is claimed in accordance with a stipulation ... concerning division of an inheritance among joint heirs.

2. ... a serious sickness ... or a day appointed for the hearing of a case with an alien ... If any of these circumstances is an impediment for the judex or for the arbiter or for either litigant, on that account the day of trial shall be postponed.

3. Whoever needs evidence shall go every third day to shout before the doorway.

Table III. Execution of Judgment
1. Thirty days shall be allowed by law for payment of confessed debt and for settlement of matters adjudged in court.

2. After this time the creditor shall have the right of laying hand on the debtor. The creditor shall hale the debtor into court.

3. Unless the debtor discharges the debt adjudged or unless someone offers surety for him in court the creditor shall take the debtor with him. He shall bind him either with a thong or with fetters of not less than fifteen pounds in weight, or if he wishes he shall bind him with fetters of more than this weight.

4. If the debtor wishes he shall live on his own means." If he does not live on his own means the creditor who holds him in bonds shall give him a pound of grits daily. If he wishes he shall give him more.

5. ... Meanwhile they shall have the right to compromise, and unless they make a compromise the debtors shall be held in bonds for sixty days. During these days they shall be brought to the praetor" into the meeting place on three successive market days, and the amount for which they have been judged liable shall be declared publicly. Moreover, on the third market day they shall suffer capital punishment or shall be delivered for sale abroad across the Tiber River.

6. On the third market day the creditors shall cut shares. If they have cut more or less than their shares it shall be without prejudice.

Table IV. Paternal Power
1. A notably deformed child shall be killed immediately.

2a. To a father ...shall be given over a son the power of life and death.

2b. If a father thrice surrenders a son for sale the son shall be free from the father.

3. To repudiate his wife her husband shall order her... to have her own property for herself, shall take the keys, shall expel her.

4. A child born within ten months of the father's death shall enter into the inheritance ...

Table V. Inheritance and Guardianship
1. ...Women, even though they are of full age, because of their levity of mind shall be under guardianship ... except vestal virgins, who … shall be free from guardianship ...

2. The conveyable possessions of a woman who is under guardianship of male agnates shall not be acquired by prescriptive right unless they are transferred by herself with the authorization of her guardian ...

3. According as a person has made bequest regarding his personal property or the guardianship of his estate so shall be the law.

4. If anyone who has no direct heir dies nearest male agnate shall have the estate.

5. If there is not a male agnate the male clansmen shall have the estate.

6. Persons for whom by will ... a guardian is not given, for them ... their male agnates shall be guardians. If a person is insane authority over him and his personal property shall belong to his male agnates and in default of these to his male clansmen.

7b. ... but if there is not a guardian for him ...

7c. ... Administration of his own goods shall be forbidden to a spendthrift. ... A spendthrift, who is forbidden from administering his own goods, shall be ... under guardianship of his male agnates.

8. If a Roman citizen freedman dies intestate without a direct heir, to his patron shall fall the inheritance ...said household ... into said household.

9. Those items that are in the category of accounts due to the deceased ...shall be divided among the heirs by ordinary operation of law in proportion to their shares of the inheritance. ... Debts of the estate of a deceased shall be divided, according to law, among the heirs, proportionately to the share of the inheritance that each acquires.

10. ...Action for division of an estate shall be available for joint heirs wishing to withdraw from common and equal participation ...

Table VI. Ownership and Possession
1. When a person makes bond and conveyance, according as he specified with his tongue so shall be the law.

2. It shall be sufficient to make good those faults that have been named by his tongue, while for those flaws that he has denied expressly, when questioned about them. vendor shall undergo a penalty of double damages ...

3. Warranty of prescriptive right in land shall be two years to acquire ownership. ... Of all other things, prescriptive right shall be for one year to acquire ownership.

4. Against an alien a warranty of ownership or prescriptive right shall be valid forever.

5. ... If any woman is unwilling to be subjected in this manner to her husband's marital control she shall absent herself for three successive nights in every year and by this means shall interrupt his prescriptive right of each year.

6a. If the parties join their hands on the disputed property when pleading in court ...

6b. Both conveyance and surrender in court … shall be confirmed.

7. ... Interim possession shall be granted in favor of liberty.

8. One shall not take from framework timber fixed in buildings or in vineyard ... One shall be permitted neither to remove nor to claim stolen timber fixed in buildings or in vineyards, ... but against the person who is convicted of having fixed such timber there an action for double damages shall be given.

9. ... Whenever the vines are pruned, until the timbers removed ...

Table VII. Real Property
1. ... Clearance shall be two and one-half feet ...

2. ... in an action for regulating boundaries ...

3a. ... inclosure... inherited plot...

3b. ... cottages ...

4. Ownership by prescriptive right ...shall not be within five feet.

5a. If they disagree ...

5b. ... Three arbiters shall regulate boundaries ...

6. The width of a road .... shall be eight feet on a straight stretch, on a bend .... sixteen feet.

7. They shall build and repair the road: unless they keep it free from stones one shall drive one's beast or marriage where one wishes.

8a. If rain water damages ...

8b. If a watercourse conducted through a public place does damage to a private person the said person shall have the right to bring an action ... that security against damage may be given to the owner.

9a. . . . Branches of a tree shall be pruned all around to a height of fifteen feet.

9b. If a tree from a neighbor's farm has been felled by the wind over one's farm, ... one rightfully can take legal action for that tree to be removed.

10. ... It shall be lawful to gather fruit falling upon another's farm.

11. Articles sold ... and delivered shall not be acquired by the purchaser, unless he pays the price to the seller or in some other way satisfies the seller, as, for example, by giving a surety or a pledge ...

12. A slave is ordered in a will to be a free man under this condition: "if he has given 10,000 asses to the heir"; although the slave has been alienated by the heir, yet the slave by giving the said money to the buyer shall enter into his freedom..

Table VIII. Torts or Delicts
1a. Whoever enchants by singing an evil incantation ...

1b. ... If anyone sings or composes an incantation that can cause dishonor or disgrace to another ... he shall suffer a capital penalty.

2. If anyone has broken another's limb there shall be retaliation in kind unless he compounds for compensation with him.

3. ... If a person breaks a bone of a freeman with hand or by club, he shall undergo a penalty of 300 asses; or of 150 asses, if of a slave.

4. If one commits an outrage against another the penalty shall be twenty-five asses.

5. ... One has broken ... One shall make amends.

6. If a quadruped is said to have caused damage an action shall lie therefor ... either for surrendering that which did the damage to the aggrieved person ... or for offering an assessment of the damage.

7. If fruit from your tree falls onto my farm and if I feed my flock off it by letting the flock onto it. .. . no action can lie against me either on the statute concerning pasturage of a flock, because it is not being pastured on your land, or on the statute concerning damage caused by an animal ...

8a. Whoever enchants away crops ...

8b. ... Nor shall one lure away another's grain ...

9. If anyone pastures on or cuts by night another's crops obtained by cultivation the penalty for an adult shall be capital punishment and, after having been hung up, death as a sacrifice to Ceres ... A person below the age of puberty at the praetor's decision shall be scourged and shall be judged as a. person either to be surrendered to the plaintiff for damage done or to pay double damages.

10. Whoever destroys by burning a building or a stack of grain placed beside a house ..., shall be bound, scourged, burned to death, provided that knowingly and consciously he has committed this crime; but if this deed is by accident, that is, by negligence, either he shall repair the damage or if he is unable he shall be corporally punished more lightly.

11. Whoever fells unjustly another's trees shall pay twenty-five asses for each tree.

12. If a thief commits a theft by night, if the owner kills the thief, the thief shall be killed lawfully.

13. By daylight ... if a thief defends himself with a weapon ... and the owner shall shout.

14. In the case of all other ... thieves caught in the act freemen shall be scourged and shall be adjudged as bondsmen to the person against whom the theft has been committed provided that they have done this by daylight and have not defended themselves with a weapon; slaves caught in the act of theft ..., shall be whipped with scourges and shall be thrown from the rock; but children below the age of puberty shall be scourged at the praetor's decision and the damage done by them shall be repaired.

15a. The penalty for detected and planted theft shall be triple damages.

15b. ... by platter and by loincloth ...

16. If a person prosecutes for theft which is not of the type wherein the thief is caught in the act ... the thief shall settle the loss by paying double damages.

17. Title to a stolen article ... shall not be acquired by prescriptive right.

18a. ... No person shall practice usury at a rate of more than one twelfths.

18b. ... A thief shall be condemned for double damages and a usurer for quadruple damages.

19. From a suit about an article deposited ..., an action for double damages shall be given.

20a. If guardians are suspect in their administration there shall be the right to accuse them as such ...

20b. If ... guardians steal a ward's property ... there shall be an action ... against a guardian for double damages; each guardian shall be held for the entire sum.

21. If a patron defrauds a client he shall be accursed.

22. Unless he speaks his testimony whoever allows him self to be called as a witness or is a scales-bearer shall be dishonored and incompetent to give or obtain testimony.

23. ... Whoever is convicted of speaking false witness shall be flung from the Tarpeian Rock.

24a. If a weapon has sped accidentally from one's hand, rather than if one has aimed and hurled it, to atone for the deed a ram is substituted as a peace offering to prevent blood revenge.

24b. If anyone pastures on or cuts stealthily by night ... another's crops ... the penalty shall be capital punishment, and, after having been hung up, death as a sacrifice to Ceres, a punishment more severe than in homicide.

25. ... for administering a drug.

26. ... No person shall hold nocturnal meetings in the city.

27. These guild members shall have the power ... to make for themselves any rule that they may wish provided that they impair no part of the public law.

Table IX. Public Law
1-2. Laws of personal exception shall not be proposed. Laws concerning capital punishment of a citizen shall not be passed ... except by the Greatest Assembly ...

3. A judex or an arbiter legally appointed who has been convicted of receiving money for declaring a decision shall be punished capitally.

4. ... the investigators of murder ... who have charge

5. Whoever incites a public enemy or whoever betrays a citizen to a public enemy shall be punished capitally.

6. For anyone whomsoever to be put to death without a trial and unconvicted ... is forbidden.

Table X. Sacred Law
1. A dead person shall not be buried or burned in the city.

2. ... More than this one shall not do: one shall not smooth a funeral pyre with an ax.

3. ... Expenses of a funeral shall be limited to three mourners wearing veils and one mourner wearing an inexpensive purple tunic and ten flutists . ...

4. Women shall not tear their cheeks or shall not make a sorrowful outcry on account of a funeral.

5a. A dead person's bones shall not be collected that one may make a second funeral.

5b. An exception is for death in battle and on foreign soil.

6a. ... Anointing by slaves is abolished and every kind of drinking bout ... there shall be no costly sprinkling, no long garlands, no incense boxes ...

6b. ... A myrrh-spiced drink ... shall not be poured on a dead person.

7. Whoever wins a crown himself or by his property, by honor, or by valor, the crown is bestowed on him at his burial ...

8. ... Nor gold shall be added to a corpse. But if any one buries or burns a corpse that has gold dental work it shall be without prejudice.

9. It is forbidden ... to build a new pyre or a burning mound nearer than sixty feet to another's building without the owner's consent.

10. It is forbidden to acquire by prescriptive right a vestibule of a sepulcher or a burning mound.

Table XI. Supplementary Laws
1. ... There shall not be intermarriage between plebeians and patricians ...

2. ... regulations concerning intercalation ...

3. ... regulations concerning days permissible for official legal action.

Table XII. Supplementary Laws
1. ... There shall be introduced a seizure of pledge against a person who buys an animal for sacrifice and does not pay the price; likewise against a person who does not make payment for that animal which anyone lets to him for this purpose, that the lessor may spend money received therefrom on a sacred banquet, that is, on a sacrifice.

2a. If a slave commits a theft or does damage to property ...

2b. From delinquency of children of the household and of slaves ... actions for damages shall be appointed, that the father or the master may be permitted either to undergo assessment of the claim or to deliver the delinquent for punishment ...

3. If one has obtained an unjustifiable grant of interim possession and if his adversary wishes ... the magistrate shall grant three arbiters; by their arbitration ... the unjustifiable holder of interim possession shall settle the plaintiff's loss of enjoyment of the thing by paying double damages.

4. It is forbidden to dedicate for consecrated use a thing concerning whose ownership there is a controversy; otherwise a penalty of double the value involved shall be suffered ...

5. Whatever the people ordain last shall be legally valid.

From: http://www.yale.edu/lawweb/avalon/medieval/twelve_tables.htm

makeup post 2

2008-06-16T00:36:00.000-04:00

Ancient Persian education

. The reflection once occurred to me, how many democracies have been dissolved by men who chose to live under some other government rather than it democracy; how many monarchies, and how many oligarchies, have been overthrown by the people; and how many indwiduals, who have tried to establish tyrannies, have, some of them, been at once entirely destroyed, while others, if they live continued to reign for any length of time, have been admired as wise and fortunate men. I had observed, too, I thought, many masters, in their own private houses, some indeed having many servants, but some only very few, and yet utterly unable to keep those few entirely obedient to their commands.

2. I considered also that herdsmen are the rulers of oxen, and horse-feeders of horses; and that, in general, all those called overseers of animals may properly be accounted the rulers of the animals of which they have the charge. I thought that I perceived all these herds more willing to obey their keepers than men their governors; for the herds go the way that their keepers direct them; they feed on those lahds to which their keepers drive them, and abstain from those from which they repel them; and they suffer their keepers to make what use they please of the profits that arise from them. Besides, I never saw a herd conspiring against its keeper, either with a view of not obeying him, or of not allowing him to enjoy the advantages arising from them; for herds are more refractory tovards strangers than they are towards their keepers, and those who make profit of them; but men conspire against none sooner than against those whom they perceive attempting to rule them.

3. While I was reflecting upon these things, I came to this judgement upon them; that to man, such is his nature, it was easier to rule every other sort of creature than to rule man. But when I considered that there was Cyrus the Persian, who had rendered many men, many cities, and many nations, obedient to him, I was then necessitated to change my opinion, and to think that to rule men is not among the things that are impossible, or even difficult, if a person undertakes it with understanding ahd skill. I knew that there were some who willingly obeyed Cyrus, that were many days' journey, and others that were even some months' journey, distant from him; some, too, who had never seen him, and some vho knew very well that they never should see him; and yet they readily submitted to his government;

4. for he so far excelled all other kings as well those that had received their dominion from their forefathers, as those that had acquired it by their own efforts, that the Scythian, for example, though his people be very numerous, is unable to obtain the dominion over any other nation, but rests satisfied if he can but continue to rule his own; so it is with the Thracian king in regard to the Thracians and with the Illyrian king in regard to the Illyrians; and so it is with other nations, as many as I have heard of; for the nations of Europe, at least, are said to be independent and detached from each other. But Cyrus, finding,in like manner,the nations of Asia independent, and setting out with a little army of Persians; obtained the dominion over the Medes by their own choice, and over the Hyrcanians in a similai manner; he subdued the Syrians, Assyrians, Arabians, Cappadocians, both the Phrygians, the Lydians, Carians, Phoenicians, and Babylonians; he had under his ru1e the Bactrians, Indians, and Cilicians, as well as the Sacians, Paphlagonians, ahd Magadidians, ahd many other nations of whom we cannot eummerate even the names. He had dominion over the Greeks that were settled in Asia; and, going down to the sea, ovcr the Cyprians and Egyptians.

5. These nations he ruled, though they spoke neither the same language with himself nor with one another; yet he was able to extend the fear of himself over 60 great a part of the world that he astonished all, and no one attempted anything against him. He was able to inspire all with so great a desire of pleasing him, that they ever desired to be governed by his opinion;and he attached to himself so many nations as it would be a labour to enumerate, which way soever we should Commence our course from his palace, whether towards the east, west, north, or south. 5. With respect to this man, therefore, as worthy of admiration, I have inquired what he was by birth, what qualities he possessed from nature, and with what education he was brought up, that he so eminently excelled in governing men. Whatever, accordingly, I have ascertained, or think that I understand, concerning him, I shall endeavour to relate.

CHAPTER II

l. Cyrus is said to have had for his father Cambvses, king of the Persians. Cambyses was of the race of the Perseidae, who were so called from Perseus. It is agreed that he was born of a mother nanied Mandane; and Mandane was the daughter of Astyages, king of the Medes. Cyrus is described, and is still celebrated by the Barbarians, as having been most handsome in person, most humane in diisposition, most eager for knowledge, and most ambitious of honour; so that he would undergo any labour, anid face any danger for the sake of obtaining praise.

2. Such is the constitution of mind and body that he is recorded to have had; and he was educated in conformity vith the laws of the Persians. These laws seem to begin with a provident care for the common good; not where they begin in most other governments; for most governments, leaving each individual to educate his children as he pleases, and the advanced in age to live as they please, enjoin their people not to steal, not to plunder, not to enter a house by violence, not to strike any one whom it is wrong to strike, not to be adulterous, not to disobey the magistiates, and other such things in like manner; and, if people transgress any of these precepts, they impose punishments upon them.

3. But the Persian laws, by anticipation, are careful to provide from the beginning, that their citizens shall not be such as to be inclined to any action that is bad and mean. This care they take in the following manner. They have An Agora,[1] called The Free, where the king's palace and other houses for magistrates are built; all things for sale, and the dealers in them, their cries and coarsenesses, are banished from hence to some other place; that the disorder of these may not interfere with the regularity of those who are under instruction.

4. This Agora, round the public courts, is divided into four parts; of these, one is for the boys, one for the youth, one for the full grown men, and one for those who are beyond the years for military'service. Each of these divisions, according to the law, attend in their sevelaI quarters; the boys and full-grown men as soon as it is day; the elders when they think convenient, except upon appointed days, when they are obliged to be present. The. youth pass the night round the courts, in their light arms, except such as are married; for these are"not required to do so, unless orders have been previously given them; nor is it becoming in them to be often absent.

5. Over each of the classes there are twelve presidents, for there are twelve distinct tribes of the Persians. Those over the boys are chosen from amongst the elders, and are such as are thought likely to make them the best boys; those over the youth are chosen from amongst the full-grown men, and are such as are thought likely to make them the best youth; and over the full-giown men, such as are thought likely to render them the most expert in performing their appointed duties, and in executing the orders given by the chief magistrate. There are likewise chosen. presidents over the elders, who take care that these also perform their duties. What it is prescribed to each age to do, we shall relate, that it may be the better understood how the Persians take precautions that excellent citizens may be produced.

6. The boys attending the public schools, pass their time in learning justice; and say that they go for this purpose, as those with us say who go to learn to read. Their presidents spend the most part of the day in dispensing justice amongst them; for there are among the boys, as among the men, accusations for theft, robbery, violence, deceit, calumny, and other such things as naturally occur; and such as they convict of doing wrong, in any of these respects, they punish.

7. They punish likewise such as they find guilty of false accusation; they appeal to justice also in the case of a crime for which men hate one another excessively, but for which they never go to law, that is, ingratitude; and whomsoever they find able to return a benefit, ahd not returning it, they puhish severely. for they think that the ungrateful are careless with regard to the gods, their parents, their country, and their friends; and upon ingratitude seems closely to follow shamelsssness, which appears to be the principal conductor of mankind into all that is dishohourable.

8. They also teach the boys self-control; and it contributes much towards their learning to control themselves, that they see every day their elders behaving themselves with discretion. They teach them also to obey their officers; and it contributes much to this end, that they see their elders constantly obedient to their officers. They teach them temporance with respect to eating and drinking; and it contributes much to this object, that they see that their elders do not quit their stations to satisfy their appetites, until their officers dismiss them, and that the boys themselves do not eat with their mothers, but with their teachers, and when the officers give the signal. They bring from home with them bread, and a sort of cresses to eat with it; and a clip to drink from, that, if any are thirsty, they may take water from the river.[2] They learn, besides, to shoot with the bow, and to throw the javelin. These exercises the boys practise till they are sixteen or seventeen years of age, when they enter the class of young men.

9. The young men pass their time thus : For ten years after they go from the class of boys, they pass the night round the courts, as I have said before, both for the security and guard or the city, and for the sake of practising self restraint; for this age seems most to need superintendence. During the day they keep themselves at the command of their officers, in case they want them for any public service; and when it is necessary they all wait at the courts. But whenever the king goes out to hunt, he takes half the guard out with him, and leaves half of it behind; and this he does several times every month. Those that go out must have their bow, with a quiver, a bill or small sword in a sheath, a light shield, and two javelins, one to throw, and the other, if necessary, to use at hand.

10. They attend to hunting as a matter of public interest, and the king, as in war, is their leader, hunting himself, and seeing that others do so; because it scems to them to be the most efficient exercise for all such things as relate to war. It accustoms them to rise early in the morning, ahd to bear heat and cold; it exercises them in long marches, and in running; it necessitates them to use their bow against the beast that they hunt, and to throw their javelin, wherever he falls in their way, their courage must, of necessity, be often sharpened in the hunt, when any of the strong and vigorous beasts present themselves; for they must come to blows with the animal if he comes up to them, and must be upon their guard as he approaches; so that it is not easy to find what single thing, of all that is practised in war, is not to be found in hunting.

11.. They go out to hunt provided with a dinner, larger, indeed, as is but right, than that of the boys, but in other respects the same; and during the hunt perhaps they may not eat it; but if it be necessary to remain on the ground to watch for the beast, or for any other reasn they wish to spend more time in the hunt, they sup upon this dinner, and hunt again the next day till supper-time, and reckon these two days as but one, because they eat the food of but one day. This abstinence they practise to accustom themselves to it, so that, should it be necessary in war, they may be able to observe it. Those of this age have what they catch for meat with their bread; or, if they catch nothing, their cresses. And, if any one think that they eat without pleasure when they have cresses only with their bread, and that they drink without pleasure when they drink on1y water, let him recollect how pleasant barley cake or bread is to eat to one who is hungry, and how pleasant water is to drink to one who is thirsty.

12. The parties that iemain at home pass their time in practising what they learned while they were boys, as well as other things, such as using the bow and throwing the javelin; and they pursue these exercises with mutual emulation, as there are public cohtests in their several accomplishments, and prizes offered; and in whichsoever of the tribes there are found the most who excel in skill, in courage, and in obedience, the citizens applaud and honour, not ohly the present commander of them, but also the person who had the instruction of them when they were boys. The magistrates likewise make use of the youth that remain at home, if they want them: to keep guard upon any occasion, to search for malefactors, to pursue robbers, or for any other business that requires strength and agility. In these occupations the youth are exercised. But when they have completed their ten years, they enter into the class of full-grown men. 13. From the time that they leave the class of youth, they pass five and twenty years in the following manner. First, like the youth, they keep themselves at the command of the magistrates, that they may use their services, if it shou1d be necessary, for the public good, in whatever employments require the exertions or such as have discretion, and are yet in vigour. If it be necessary to undertake any military expedition, they who are in this state of discipline do not march out with bows and javelins, but with what are called arms for close fight, a corslet over the breast, a shield in the left hand, and in the right, a large sword or bill. All the magistiates are chosen from this class, except the teachers of the boys; and, when they have completed five and twenty years in this class, they will then be something more than fifty years of age, and pass into the class of such as are elders, and are so called.

14. These elders no longer go on any military service abroad, but, remaining at home, have the dispensation of public and private justice; they take cognizance of matters of life and death, and have the choice of all magistrates; and, if any of the youth or full-grown men fail in anything enjoined by the 1aws, the several magistrates of the tribes, or any one that chooses, gives information of it, when the elders hear the cause, and pass sentence upon it; and the person that is condemned remains infamous for the rest of his life.

15. But that the whole Persian form of government may be shown more clearly, I shall go back a little; for, from what has been already said, it may now be set forth in a very few words. The Persians are said to be in number about a hundred and twenty thousand;[3] of these no individual is excluded by law from honours and magistracies, but all are at liberty to send their boys to the public schools of justice. Those who are able to maintain their children without putting them to work, send them to these schools; they who are unable, do not send them. Those who are thus educated under the public teachers, are at liberty to pass their youth in the class of young men; they who are not so educated, have not that liberty. They who pass their term among the young men, discharging all things enjoined by the law, are allowed to be incorporated amongst the full-grown men, and to partake of all honours and magistracies; but they who do not complete their course in the class uf youth, do not pass into that of the full-grown men. Those who make their progress through the order of full-grown men unexceptionably, are then enrolled among the elders; so that the order of elders stands composed of men who have pursued their course through all things good and excellent. Such is the form of government among the Persians, and such the care bestowed upon it, by the observance of which they think that they become the best citizens.

16. There remain to the present day proofs of the spare diet used among them, and of their carrying it off by exercise; for it is yet unbecoming among them to spit or to blow the nose, or to appear troubled with flatuency (i.e. to fart) ; it is unbecoming for anyone to be seen going aside to make water, or for any similar cause; and to these habits they could not possibly adhere, unless they used a very temperate diet, and exhausted their moisture by exercise, so that it may pass off some other way. These particulars I had to state concerning the Persians in general.

1. An open forum or square, free from buyers and sellers. Aristotle, Polit. 7. 12, suggests that a city should have such a forum. He also says there was one at a place in Thessaly; but Muretus supposes that he took the idea from Xenophon.

2. The Araxes, on wlhch Persepolis stood.

3. Xenophon means that this was the number of those of the upper class, educated in the way here deseribed.

From here:http://www.shsu.edu/%7Ehis_ncp/XenCyr.html

"Reports of my death are Greatly exaggerated"

2008-06-16T00:35:00.000-04:00

Behold, the King of Khita, he and the nations he has brought with him in great numbers, all the peoples that dwell in the land of Khita, from the whole of Naharanna and Sidi.[1] Now he is powerful with many soldiers, with chariot soldiers with their harness, as many as the sand of the seashore, and they are ready to fight behind Kadesh.

See what the chiefs of the scouts and the vassal princes of the lands of Pharaoh have done. They have said daily unto me, "The King of Khita is at Khilibu; he has fled before Pharaoh." They have asserted this as a certainty, and behold I have now learnt from the two spies that the King of Khita has come up with much people, with men and horses as many as the sand, and that he is behind Kadesh. Yet the scouts of the vassal princes of the land knew nothing of this.

The fault is great that the governors of the land and the vassal princes of Pharaoh have committed in neglecting to watch the movements of the Khita.

"My lord, 0 generous king! Egypt's great protector in the day of battle! behold, we are alone in the midst of the enemy, for the archers and chariots have left us. Let us return, that our lives may be saved. Save us, 0 my lord, Rameses Miamun!"

"Take courage, strengthen thine heart, O mine equerry! I will go amongst them like the hawk pounces upon his prey ; killing and massacring, I will lay them in the dust! What, therefore, are these wretches in thine eyes? Amen has delivered thein into mine hand."

"I invoke thee, O my father Amen! behold me in the midst of a numerous and strange people ; all the nations are united against me, and I am alone; no other is with me. My soldiers have abandoned me, not one of our horsemen have looked towards me, and when I called to them not one of them hearkened unto my voice. But I believe that Amen is stronger on my side than a million soldiers, than a hundred thousand horsemen, than a myriad of brothers or of young sons, were they all assembled here. The work or many men is as nothing; Amen will outweigh them all. I have done all things according to thy counsels, O Amen! and I have not disobeyed thy words. Behold, I render glory unto thee, even to the extremities of the earth!'

"This is not a man in the midst of us, it is Sutekh, the great warrior; it is Baal himself. These are not the deeds of a man; alone, quite alone, he repulses hundreds of thousands, without captains or soldiers. Let us make haste and flee before him; let us save our lives that we may yet breathe upon earth."

'Thou, O great warrior! hast saved thine army. Son of the god Atmu and the work of his hands, thou hast destroyed the people of Khita with thy powerful scimitar! Thou art the perfect warrior, and there is no king that fights like thee for his soldiers in the day of battle! Thou art the bravest of heroes, thou art foremost in the conflict, and dost not even inquire if the whole world be united against thee! Thou art the bravest of the brave before thine army and before the whole world! No one can deny it. Thou art the protector of Egypt and the chastisement of the nations! Thou hast broken the power of the Khita for ever!

"What a crime you have cominitted, oh, my generals, my foot soldiers, my chariot soldiers, in not joining in the fight! Is not a man honoured by his country when he has displayed his courage by the side of his lord, and won the fame of a warrior. Verily, verily, a man is valued for his bravery."

"Have I not shown kindness to you all, that you should leave me alone in the midst of the enemy? You were afraid and you are still alive; you still breathe, and I, through your fault, am left alone. Could you not say in your hearts that I am your rampart of iron? What will my father, Amen-ra of Thebes, say when he knows that you left me alone, unaided? That not one prince, not one officer of the chariots or the armies was ready to help m?

"I have fought, I have repulsed millions of nations with mine own hand. Force-in-Thebes and Maut-is-satisfied were my great horses, they were under my hand when I was alone in the midst of the trembling enemy. Henceforth their food shall be given them before me, each day, when I am in my palace; for I found them when I was in the midst of the enemy, with the chief, Menni, mine equerry, and with the officers of my household who accompany me, and who are my witnesses in the fight: they are all that I found. I have returned victorious from the battle, and with my sword have I smitten the assembled multitudes."

This is to satisfy the heart of Pharaoh, of the god who vo1untarily diffuses his vivifying influence, of the lord, the valorous bull, who loves the truth, of the supreme king, who protects his soldiers, of the hero with the invincible sword, the bulwark of his soldiers in the day of battle, of the King of Upper and Lower Egypt, Rauserma-sotepenra, son of the Sun, Rameses Miamun. Thy servant Khitasir speaks to thee, to lay before thee that, being thyself the son of Amen, formed of his substance, as he has delivered all lands unto thee, the land of Egypt and the land of the Khita unite to lay their services at thy feet. Ra, thine august father, has given strength and victory unto thee ; deign to spare us, thou whose souls are great ! Thy valour has weighed heavily upon the nation of the Khita, but is it good for thee to kill thy servants? Thou art their master ; will thy face be always angry towards us ; wilt thou not calm thyself? Yesterday thou hast appeared and thou has killed hundreds of thousands ; if thou appear today. no one will be left to be subject uiito thee.. Abandon thy designs, oh, victorious king, the genius that delights in battles. Grant to us the breath of life !

"Behold, now, this is excellent ! Deign to be calmed, O sovereign, our master ! If mercy be not extended to Khitasir, to whom should it be granted? He adores thee ; consent then to calm thy wrath."

[1]Naharannais the country between Orontes and Balikh ; Sidi, the coast of Cilicia, the Ketis of the Greek geographers.

from here: http://www.shsu.edu/%7Ehis_ncp/Kadesh.html

post of the day

2008-06-12T00:15:00.001-04:00

A few Mexican American Battle reports until I can update next.
http://www.dmwv.org/mexwar/documents/docs.htm#reports

Major-General Winfield Scott, at Vera Cruz, Mexico, to William L. Marcy, Secretary of War, at Washington, D.C. Dispatch communicating the capitulation of Vera Cruz.
Head-Quarters of the Army,
Vera Cruz, March 29, 1847.

Sir: - The flag of the United States of America floats triumphantly over the walls of this city and the castle of San Juan d'Ulloa.

Our troops have garrisoned both since ten o'clock; it is now noon. Brigadier-General Worth is in command of the two places.

Articles of capitulation were signed and exchanged at a late hour night before last. I enclose a copy of the document.

I have heretofore reported the principal incidents of the siege up to the 25th instant. Nothing of striking interest occurred till early in the morning of the next day, when I received overtures from General Landero, on whom General Morales had devolved the principal command. A terrible storm of wind and sand made it difficult to communicate with the city, and impossible to refer to Commodore Perry. I was obliged to entertain the proposition alone, or continue the fire upon a place that had shown a disposition to surrender; for the loss of a day, perhaps several, could not be permitted. The accompanying papers will show the proceedings and results.

Yesterday, after the norther had abated, and the commissioners appointed by me early the morning before had again met those appointed by General Landero, Commodore Perry sent ashore his second in command, Captain Aulick, as a commissioner on the part of the navy. Although not included in my specific arrangement made with the Mexican commander, I did not hesitate, with proper courtesy, to desire that Captain Aulick might be duly introduced and allowed to participate in the discussions and acts of the commissioners who had been reciprocally accredited. Hence the preamble to his signature. The original American commissioners were Brevet Brigadier-General Worth, Brigadier-General Pillow, and Colonel Totten. Four more able or judicious officers could not have been desired.

I have to add but little more. The remaining details of the siege - the able co-operation of the United States squadron, successively under the command of Commodores Conner and Perry - the admirable conduct of the whole army, regulars and volunteers - I should be happy to dwell upon as they deserve; but the steamer Princeton, with Commodore Conner on board, is under way, and I have commenced organizing an advance into the interior. This may be delayed a few days, waiting the arrival of additional means of transportation. In the mean time, a joint operation, by land and water, will be made upon Alvarado. No lateral expedition, however, shall interfere with the grand movement towards the capital.

In consideration of the great services of Colonel Totten, in the siege that has just terminated most successfully, and the importance of his presence at Washington, as the head of the engineer bureau, I intrust this despatch to his personal care, and beg to commend him to the very favourable consideration of the department.

I have the honor to remain sir, with high respect, your most obedient servant,

WINFIELD SCOTT.
Major-General Winfield Scott, at Plan del Rio, Mexico, to William L. Marcy, Secretary of War, at Washington, D.C. Dispatch communicating Scott's official report of the Battle of Cerro Gordo.
Headquarters of the Army,
Plan del Rio, 50 miles from Vera Cruz,
April 19, 1847

Sir: - The plan of attack, sketched in General Orders, No. 111, forwarded herewith, was finely executed by this gallant army, before two o'clock P.M. yesterday. We are quite embarrassed with the results of victory - prisoners of war, heavy ordnance, field batteries, small arms, and accoutrements.

About 3,000 men laid down their arms, with the usual proportion of field and company officers, besides five generals, several of them of great distinction - Pinson, Jarrero, La Vega, Noriega, and Obando. A sixth general, Vasquez, was killed in defending the battery (tower) in the rear of the whole Mexican army, the capture of which gave us those glorious results.

Our loss, though comparatively small in numbers, has been serious. Brigadier-general Shields, a commander of activity, zeal, and talent, is, I fear, if not dead, mortally wounded. He is some five miles from me at the moment. The field of operations covered many miles, broken by mountains and deep chasms, and I have not a report, as yet, from any division or brigade.

Twiggs' division, followed by Shields' (now Colonel Baker's) brigade, are now at or near Xalapa, and Worth's division is in route thither, all pursuing, with good results, as I learn, that part of the Mexican army - perhaps six or seven thousand men - who had fled before our right had carried the tower, and gained the Xalapa road.

Pillow's brigade alone, is near me at this depot of wounded, sick, and prisoners; and I have time only to give from him the names of 1st Lieut. F. B. Nelson, and 2d C. G. Hill, both of the 2d Tennessee foot, (Haskell's regiment,) among the killed, and in the brigade 106, of all ranks, killed or wounded.

Among the latter, the gallant Brigadier-general himself has a smart wound in the arm, but not disabled; and Major R. Farqueson, 2d Tennessee, Captain H. F. Murray, 2d Lieut. G. T. Sutherland, 1st Lieut. W. P. Hale, Adjutant, all of the same regiment, severely, and 1st Lieut. W. Yearwood, mortally wounded. And I know, from personal observation on the ground, that 1st Lieut. Ewell, of the rifles, if not now dead, was mortally wounded in entering, sword in hand, the intrenchments around the captured tower.

2d Lieut. Derby, topographical engineers, I also saw, at the same place, severely wounded, and Captain Patton, 2d United States Infantry, lost his right hand. Major Summer, 2d United States dragoons, was slightly wounded the day before, and Capt. Johnston, topographical engineers, (now Lieut.-colonel of infantry,) was very severely wounded some days earlier while reconnoitring. I must not omit to add that Capt. Mason, and 2d Lieut. Davis, both of the rifles, were among the very severely wounded in storming the same tower.

I estimate our total loss, in killed and wounded, may be about 250, and that of the enemy at 350. In the pursuit towards Xalapa (25 miles hence) I learn we have added much to the enemy's loss in prisoners, killed, and wounded. In fact, I suppose his retreating army to be nearly disorganized, and hence my haste to follow, in an hour or two, to profit by events.

In this hurried and imperfect report I must not omit to say that Brigadier-general Twiggs, in passing the mountain-range beyond Cerro Gordo, crowned with the tower, detached from his division, as I suggested the day before, a strong force to carry that height, which commanded the Xalapa road at the foot, and could not fail, if carried, to cut off the whole, or any part of the enemy's forces, from a retreat in any direction.

A portion of the 1st artillery, under the often-distinguished Brevet Colonel Childs, the 3d infantry, under Captain Alexander, the 7th infantry, under Lieut.-colonel Plymton, and the rifles, under Major Loring, all under the temporary command of Colonel Harney, 2d dragoons, during the confinement to his bed of Brevet Brig.-general P. F. Smith, composed that detachment. The style of execution, which I had the pleasure to witness, was most brilliant and decisive.

The brigade ascended the long and difficult slope of Cerro Gordo, without shelter, and under the tremendous fire of artillery and musketry with the utmost steadiness, reached the breastworks, drove the enemy from them, planted the colors of the 1st artillery, 3d and 7th infantry - the enemy's flag still flying - and, after some minutes' sharp firing, finished the conquest with the bayonet.

It is a most pleasing duty to say that the highest praise is due to Harney, Childs, Plymton, Loring, Alexander, their gallant officers and men, for this brilliant service, independent of the great results which soon followed.

Worth's division of regulars coming up at this time, he detached Brevet Lieutenant-colonel C. F. Smith, with his light battalion, to support the assault, but not in time. The general, reaching the tower a few minutes before me, and observing a white flag displayed from the nearest portion of the enemy towards the batteries below, sent out Colonels Harney and Childs to hold a parley. The surrender followed in an hour or two.

Major-general Patterson left a sick-bed to share in the dangers and fatigues of the day; and after the surrender went forward to command the advanced forces towards Xalapa.

Brig.-general Pillow and his brigade twice assaulted with great daring the enemy's line of batteries on our left; and though without success, they contributed much to distract and dismay their immediate opponents.

President Santa Anna, with Generals Canalizo and Almonte, and some six or eight thousand men, escaped towards Xalapa just before Cerro Gordo was carried, and before Twiggs' division reached the National road above.

I have determined to parole the prisoners - officers and men - as I have not the means of feeding them here, beyond to-day, and cannot afford to detach a body of horse and foot, with wagons, to accompany them to Vera Cruz. Our baggage train, though increasing, is not half large enough to give an assured progress to this army.

Besides, a greater number of prisoners would, probably, escape from the escort in the long and deep sandy road, without subsistence - ten to one - than we shall find again, out of the same body of men, in the ranks opposed to us. Not one of the Vera Cruz prisoners is believed to have been in the lines of Cerro Gordo. Some six of the officers, highest in rank, refuse to give their paroles, except to go to Vera Cruz, and thence, perhaps, to the United States.

The small-arms and accoutrements, being of no value to our army here or at home, I have ordered them to be destroyed; for we have not the means of transporting them. I am, also, somewhat embarrassed with the - pieces of artillery, all bronze, which we have captured. It would take a brigade, and half the mules of our army, to transport them fifty miles.

A field battery I shall take for service with the army; but the heavy metal must be collected, and left here for the present. We have our own siege-train and the proper carriages with us.

Being much occupied with the prisoners, and all the details of a forward movement, besides looking to the supplies which are to follow from Vera Cruz, I have time to add no more - intending to be at Xalapa early to-morrow. We shall not, probably, again meet with serious opposition this side of Perote - certainly not, unless delayed by the want of the means of transportation.

I have the honor to remain, sir, with high respect, your most obedient servant,

WINFIELD SCOTT.

2008-06-10T23:18:00.000-04:00

One of my favorite pieces by Orwell

To Shoot an Elephant

In Moulmein, in Lower Burma, I was hated by large numbers of people — the only time in my life that I have been important enough for this to happen to me. I was sub-divisional police officer of the town, and in an aimless, petty kind of way anti-European feeling was very bitter. No one had the guts to raise a riot, but if a European woman went through the bazaars alone somebody would probably spit betel juice over her dress. As a police officer I was an obvious target and was baited whenever it seemed safe to do so. When a nimble Burman tripped me up on the football field and the referee (another Burman) looked the other way, the crowd yelled with hideous laughter. This happened more than once. In the end the sneering yellow faces of young men that met me everywhere, the insults hooted after me when I was at a safe distance, got badly on my nerves. The young Buddhist priests were the worst of all. There were several thousands of them in the town and none of them seemed to have anything to do except stand on street corners and jeer at Europeans.

All this was perplexing and upsetting. For at that time I had already made up my mind that imperialism was an evil thing and the sooner I chucked up my job and got out of it the better. Theoretically — and secretly, of course — I was all for the Burmese and all against their oppressors, the British. As for the job I was doing, I hated it more bitterly than I can perhaps make clear. In a job like that you see the dirty work of Empire at close quarters. The wretched prisoners huddling in the stinking cages of the lock-ups, the grey, cowed faces of the long-term convicts, the scarred buttocks of the men who had been flogged with bamboos — all these oppressed me with an intolerable sense of guilt. But I could get nothing into perspective. I was young and ill-educated and I had had to think out my problems in the utter silence that is imposed on every Englishman in the East. I did not even know that the British Empire is dying, still less did I know that it is a great deal better than the younger empires that are going to supplant it. All I knew was that I was stuck between my hatred of the empire I served and my rage against the evil-spirited little beasts who tried to make my job impossible. With one part of my mind I thought of the British Raj as an unbreakable tyranny, as something clamped down, in saecula saeculorum, upon the will of prostrate peoples; with another part I thought that the greatest joy in the world would be to drive a bayonet into a Buddhist priest's guts. Feelings like these are the normal by-products of imperialism; ask any Anglo-Indian official, if you can catch him off duty.

One day something happened which in a roundabout way was enlightening. It was a tiny incident in itself, but it gave me a better glimpse than I had had before of the real nature of imperialism — the real motives for which despotic governments act. Early one morning the sub-inspector at a police station the other end of the town rang me up on the phone and said that an elephant was ravaging the bazaar. Would I please come and do something about it? I did not know what I could do, but I wanted to see what was happening and I got on to a pony and started out. I took my rifle, an old .44 Winchester and much too small to kill an elephant, but I thought the noise might be useful in terrorem. Various Burmans stopped me on the way and told me about the elephant's doings. It was not, of course, a wild elephant, but a tame one which had gone ‘must’. It had been chained up, as tame elephants always are when their attack of ‘must’ is due, but on the previous night it had broken its chain and escaped. Its mahout, the only person who could manage it when it was in that state, had set out in pursuit, but had taken the wrong direction and was now twelve hours’ journey away, and in the morning the elephant had suddenly reappeared in the town. The Burmese population had no weapons and were quite helpless against it. It had already destroyed somebody's bamboo hut, killed a cow and raided some fruit-stalls and devoured the stock; also it had met the municipal rubbish van and, when the driver jumped out and took to his heels, had turned the van over and inflicted violences upon it.

The Burmese sub-inspector and some Indian constables were waiting for me in the quarter where the elephant had been seen. It was a very poor quarter, a labyrinth of squalid bamboo huts, thatched with palmleaf, winding all over a steep hillside. I remember that it was a cloudy, stuffy morning at the beginning of the rains. We began questioning the people as to where the elephant had gone and, as usual, failed to get any definite information. That is invariably the case in the East; a story always sounds clear enough at a distance, but the nearer you get to the scene of events the vaguer it becomes. Some of the people said that the elephant had gone in one direction, some said that he had gone in another, some professed not even to have heard of any elephant. I had almost made up my mind that the whole story was a pack of lies, when we heard yells a little distance away. There was a loud, scandalized cry of ‘Go away, child! Go away this instant!’ and an old woman with a switch in her hand came round the corner of a hut, violently shooing away a crowd of naked children. Some more women followed, clicking their tongues and exclaiming; evidently there was something that the children ought not to have seen. I rounded the hut and saw a man's dead body sprawling in the mud. He was an Indian, a black Dravidian coolie, almost naked, and he could not have been dead many minutes. The people said that the elephant had come suddenly upon him round the corner of the hut, caught him with its trunk, put its foot on his back and ground him into the earth. This was the rainy season and the ground was soft, and his face had scored a trench a foot deep and a couple of yards long. He was lying on his belly with arms crucified and head sharply twisted to one side. His face was coated with mud, the eyes wide open, the teeth bared and grinning with an expression of unendurable agony. (Never tell me, by the way, that the dead look peaceful. Most of the corpses I have seen looked devilish.) The friction of the great beast's foot had stripped the skin from his back as neatly as one skins a rabbit. As soon as I saw the dead man I sent an orderly to a friend's house nearby to borrow an elephant rifle. I had already sent back the pony, not wanting it to go mad with fright and throw me if it smelt the elephant.

The orderly came back in a few minutes with a rifle and five cartridges, and meanwhile some Burmans had arrived and told us that the elephant was in the paddy fields below, only a few hundred yards away. As I started forward practically the whole population of the quarter flocked out of the houses and followed me. They had seen the rifle and were all shouting excitedly that I was going to shoot the elephant. They had not shown much interest in the elephant when he was merely ravaging their homes, but it was different now that he was going to be shot. It was a bit of fun to them, as it would be to an English crowd; besides they wanted the meat. It made me vaguely uneasy. I had no intention of shooting the elephant — I had merely sent for the rifle to defend myself if necessary — and it is always unnerving to have a crowd following you. I marched down the hill, looking and feeling a fool, with the rifle over my shoulder and an ever-growing army of people jostling at my heels. At the bottom, when you got away from the huts, there was a metalled road and beyond that a miry waste of paddy fields a thousand yards across, not yet ploughed but soggy from the first rains and dotted with coarse grass. The elephant was standing eight yards from the road, his left side towards us. He took not the slightest notice of the crowd's approach. He was tearing up bunches of grass, beating them against his knees to clean them and stuffing them into his mouth.

I had halted on the road. As soon as I saw the elephant I knew with perfect certainty that I ought not to shoot him. It is a serious matter to shoot a working elephant — it is comparable to destroying a huge and costly piece of machinery — and obviously one ought not to do it if it can possibly be avoided. And at that distance, peacefully eating, the elephant looked no more dangerous than a cow. I thought then and I think now that his attack of ‘must’ was already passing off; in which case he would merely wander harmlessly about until the mahout came back and caught him. Moreover, I did not in the least want to shoot him. I decided that I would watch him for a little while to make sure that he did not turn savage again, and then go home.

But at that moment I glanced round at the crowd that had followed me. It was an immense crowd, two thousand at the least and growing every minute. It blocked the road for a long distance on either side. I looked at the sea of yellow faces above the garish clothes-faces all happy and excited over this bit of fun, all certain that the elephant was going to be shot. They were watching me as they would watch a conjurer about to perform a trick. They did not like me, but with the magical rifle in my hands I was momentarily worth watching. And suddenly I realized that I should have to shoot the elephant after all. The people expected it of me and I had got to do it; I could feel their two thousand wills pressing me forward, irresistibly. And it was at this moment, as I stood there with the rifle in my hands, that I first grasped the hollowness, the futility of the white man's dominion in the East. Here was I, the white man with his gun, standing in front of the unarmed native crowd — seemingly the leading actor of the piece; but in reality I was only an absurd puppet pushed to and fro by the will of those yellow faces behind. I perceived in this moment that when the white man turns tyrant it is his own freedom that he destroys. He becomes a sort of hollow, posing dummy, the conventionalized figure of a sahib. For it is the condition of his rule that he shall spend his life in trying to impress the ‘natives’, and so in every crisis he has got to do what the ‘natives’ expect of him. He wears a mask, and his face grows to fit it. I had got to shoot the elephant. I had committed myself to doing it when I sent for the rifle. A sahib has got to act like a sahib; he has got to appear resolute, to know his own mind and do definite things. To come all that way, rifle in hand, with two thousand people marching at my heels, and then to trail feebly away, having done nothing — no, that was impossible. The crowd would laugh at me. And my whole life, every white man's life in the East, was one long struggle not to be laughed at.

But I did not want to shoot the elephant. I watched him beating his bunch of grass against his knees, with that preoccupied grandmotherly air that elephants have. It seemed to me that it would be murder to shoot him. At that age I was not squeamish about killing animals, but I had never shot an elephant and never wanted to. (Somehow it always seems worse to kill a large animal.) Besides, there was the beast's owner to be considered. Alive, the elephant was worth at least a hundred pounds; dead, he would only be worth the value of his tusks, five pounds, possibly. But I had got to act quickly. I turned to some experienced-looking Burmans who had been there when we arrived, and asked them how the elephant had been behaving. They all said the same thing: he took no notice of you if you left him alone, but he might charge if you went too close to him.

It was perfectly clear to me what I ought to do. I ought to walk up to within, say, twenty-five yards of the elephant and test his behavior. If he charged, I could shoot; if he took no notice of me, it would be safe to leave him until the mahout came back. But also I knew that I was going to do no such thing. I was a poor shot with a rifle and the ground was soft mud into which one would sink at every step. If the elephant charged and I missed him, I should have about as much chance as a toad under a steam-roller. But even then I was not thinking particularly of my own skin, only of the watchful yellow faces behind. For at that moment, with the crowd watching me, I was not afraid in the ordinary sense, as I would have been if I had been alone. A white man mustn't be frightened in front of ‘natives’; and so, in general, he isn't frightened. The sole thought in my mind was that if anything went wrong those two thousand Burmans would see me pursued, caught, trampled on and reduced to a grinning corpse like that Indian up the hill. And if that happened it was quite probable that some of them would laugh. That would never do.

There was only one alternative. I shoved the cartridges into the magazine and lay down on the road to get a better aim. The crowd grew very still, and a deep, low, happy sigh, as of people who see the theatre curtain go up at last, breathed from innumerable throats. They were going to have their bit of fun after all. The rifle was a beautiful German thing with cross-hair sights. I did not then know that in shooting an elephant one would shoot to cut an imaginary bar running from ear-hole to ear-hole. I ought, therefore, as the elephant was sideways on, to have aimed straight at his ear-hole, actually I aimed several inches in front of this, thinking the brain would be further forward.

When I pulled the trigger I did not hear the bang or feel the kick — one never does when a shot goes home — but I heard the devilish roar of glee that went up from the crowd. In that instant, in too short a time, one would have thought, even for the bullet to get there, a mysterious, terrible change had come over the elephant. He neither stirred nor fell, but every line of his body had altered. He looked suddenly stricken, shrunken, immensely old, as though the frightful impact of the bullet had paralysed him without knocking him down. At last, after what seemed a long time — it might have been five seconds, I dare say — he sagged flabbily to his knees. His mouth slobbered. An enormous senility seemed to have settled upon him. One could have imagined him thousands of years old. I fired again into the same spot. At the second shot he did not collapse but climbed with desperate slowness to his feet and stood weakly upright, with legs sagging and head drooping. I fired a third time. That was the shot that did for him. You could see the agony of it jolt his whole body and knock the last remnant of strength from his legs. But in falling he seemed for a moment to rise, for as his hind legs collapsed beneath him he seemed to tower upward like a huge rock toppling, his trunk reaching skyward like a tree. He trumpeted, for the first and only time. And then down he came, his belly towards me, with a crash that seemed to shake the ground even where I lay.

I got up. The Burmans were already racing past me across the mud. It was obvious that the elephant would never rise again, but he was not dead. He was breathing very rhythmically with long rattling gasps, his great mound of a side painfully rising and falling. His mouth was wide open — I could see far down into caverns of pale pink throat. I waited a long time for him to die, but his breathing did not weaken. Finally I fired my two remaining shots into the spot where I thought his heart must be. The thick blood welled out of him like red velvet, but still he did not die. His body did not even jerk when the shots hit him, the tortured breathing continued without a pause. He was dying, very slowly and in great agony, but in some world remote from me where not even a bullet could damage him further. I felt that I had got to put an end to that dreadful noise. It seemed dreadful to see the great beast Lying there, powerless to move and yet powerless to die, and not even to be able to finish him. I sent back for my small rifle and poured shot after shot into his heart and down his throat. They seemed to make no impression. The tortured gasps continued as steadily as the ticking of a clock.

In the end I could not stand it any longer and went away. I heard later that it took him half an hour to die. Burmans were bringing dash and baskets even before I left, and I was told they had stripped his body almost to the bones by the afternoon.

Afterwards, of course, there were endless discussions about the shooting of the elephant. The owner was furious, but he was only an Indian and could do nothing. Besides, legally I had done the right thing, for a mad elephant has to be killed, like a mad dog, if its owner fails to control it. Among the Europeans opinion was divided. The older men said I was right, the younger men said it was a damn shame to shoot an elephant for killing a coolie, because an elephant was worth more than any damn Coringhee coolie. And afterwards I was very glad that the coolie had been killed; it put me legally in the right and it gave me a sufficient pretext for shooting the elephant. I often wondered whether any of the others grasped that I had done it solely to avoid looking a fool.

1936

From http://orwell.ru/library/articles/elephant/english/e_eleph

post of the day

2008-06-09T23:22:00.000-04:00

In honor of my cat zelda, who died tonight at the age of 17.5 years. Original name, Sunflower.

Pangur Ban

I and Pangur Ban my cat,
'Tis a like task we are at:
Hunting mice is his delight,
Hunting words I sit all night.

Better far than praise of men
'Tis to sit with book and pen;
Pangur bears me no ill-will,
He too plies his simple skill.

'Tis a merry task to see
At our tasks how glad are we,
When at home we sit and find
Entertainment to our mind.

Oftentimes a mouse will stray
In the hero Pangur's way;
Oftentimes my keen thought set
Takes a meaning in its net.

'Gainst the wall he sets his eye
Full and fierce and sharp and sly;
'Gainst the wall of knowledge I
All my little wisdom try.

When a mouse darts from its den,
O how glad is Pangur then!
O what gladness do I prove
When I solve the doubts I love!

So in peace our task we ply,
Pangur Ban, my cat, and I;
In our arts we find our bliss,
I have mine and he has his.

Practice every day has made
Pangur perfect in his trade;
I get wisdom day and night
Turning darkness into light.

-- Anon., (Irish, 8th century)

you can find this online or in Thomas Cahill's How the Irish saved Civilization

post of the day

2008-06-09T00:53:00.001-04:00

A bit of the Salem witch trials:

from http://etext.virginia.edu/etcbin/toccer-new2?id=BoySal1.sgm&images=images/modeng&data=/texts/english/modeng/oldsalem&tag=public&part=1&division=div2

The examination of Nehemiah Abbot, at a court at Salem village,
by John Hawthorne and Jonathan Corwin Esqrs. 22nd April 1692 .

What say you, are you guilty of witchcraft, of which you are sus-
pected , or not? No Sir, I say before God, before whom I stand, that
I know nothing of witchcraft. Who is this man? Ann Putman named
him. -- Mary Walcot said she had seen his shape. What do you say to
this? I never did hurt them. Who hurt you Ann Putman? That man.
I never hurt her. Ann Putman said, he is upon the beam. Just such a
discovery of the person carried out, and she confessed; and if you
would find mercy of God, you must confess. -- If I should confess
this, I must confess what is false. Tell how far you have gone, who
hurts you? I do not know, I am absolutely free. As you say, God
knows. If you will confess the truth, we desire nothing else that you
may not hide you guilt, if you are guilty, and therefore confess if so.
I speak before God that I am clear from this accusation. What, in all
respects? Yes in all respects. Doth this man hurt you? Their mouths
were stopped. You hear several accuse you, though one cannot open
her mouth. I am altogether free. Charge him not unless it be he. This
is the man say some, and some say he is very like him. How did you
know his name? He did not tell me himself, but other witches told
me. Ann Putman said, it is the same man, and then she was taken with
a fit. Mary Walcot, is this the man? He is like him, I cannot say it is
he. Mercy Lewis said it is not the man. They all agreed, the man had
a bunch on his eyes. Ann Putman, in a fit, said, be you the man? ay,
do you say you be the man? did you put a mist before my eyes?
Then he was sent forth till several others were examined. When he was
brought in again, by reason of much people, and many in the win-
dows so that the accusers could not have a clear view of him, he was

--------------------------------------------------------------------------------

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ordered to be abroad, and the accusers to go forth to him and view
him in the light, which they did, and in the presence of the magis-
trates and many others discoursed quietly with him, one and all
acquitting him, but yet said he was like that man, but he had not the
wen they saw in his apparition, Note, he was a hilly faced man and
stood shaded by reason of his own hair, so that for a time he seemed
to some by-standers and observers, to be considerably like the person
the afflicted did describe.

Mr. Samuel Parris, being desired to take in writing the examina-
tion of Nehemiah Abbot, hath delivered it as aforesaid, and upon
hearing the same did see cause to dismiss him.

John Hawthorne,
Jona. Corwin, {
Assistants.

(Thomas Hutchinson, The History of the Province of Massachusetts-Bay, From the Char-
ter of King William and Queen Mary, in 1691, Until the Year 1750 [London, 1768; re-
printed Cambridge, Mass., Harvard University Press, 1936, 3 vols.], II, 35. Hereafter cited
as Hutchinson, History of Massachusetts-Bay .)