month; namely, the third, on which ?abeel (or Cain) killed Habeel (Abel); the fifth, on which G.o.d cast down Adam from paradise, and afflicted the people of Yoonus (Jonas), and on which Yoosuf (or Joseph) was cast into the well; the thirteenth, on which G.o.d took away the wealth of Eiyoob (or Job), and afflicted him, and took away the kingdom from Suleyman (or Solomon), and on which the Jews killed the prophets; the sixteenth, on which G.o.d exterminated and buried the people of Loo?

(or Lot), and transformed three hundred Christians into swine, and Jews into apes, and on which the Jews sawed asunder Zekereeya (or Zachariah); the twenty-first, on which Pharaoh was born, and on which he was drowned, and on which his nation was afflicted with the plagues; the twenty-fourth, on which Numrood[136] (or Nimrod) killed seventy women, and cast El-Khaleel (or Abraham) into the fire, and on which was slaughtered the camel of ?ale?; and the twenty-fifth, on which the suffocating wind was sent upon the people of Hood.[137]

II. Natural magic, which is called "es-Seemiya," is regarded by most persons of the more enlightened cla.s.ses of Muslims as altogether a deceptive art, no more worthy of respect than legerdemain; but it seems to be nearly allied to enchantment; for it is said to effect, in appearance, the most wonderful transformations, and to cause the most extraordinary visions; affecting the senses and imagination in a manner similar to opium. This and other drugs are supposed, by some persons, to be the chief means by which such illusions are caused; and perfumes, which are generally burnt in these performances, may operate in a similar manner. As such things are employed in performances of the kind called "?arb el-Mendel," before mentioned, these feats are regarded by many as effected by natural magic, notwithstanding what has been said above respecting the services of evil Jinn being procured by means of perfumes.--Alchymy ("el-Keemiya") is a branch of natural magic. It is studied by many Muslims of the present day, and by some of considerable talents and attainments.

The most celebrated of the magicians who have gained notoriety in Egypt during the course of the last hundred years, was the sheykh A?mad ?adoomeh, who flourished somewhat more than sixty years ago--I write in 1837. Several persons of Cairo, men of intelligence and of good education, have related to me various most marvellous stories of his performances, on the authority of eye-witnesses whom they considered veracious; but a more credible account of this magician I have found in the work of an excellent historian of Modern Egypt. This author mentions the sheykh ?adoomeh as an aged man, of venerable appearance, who derived his origin from the town of s.e.m.e.nnood, in the Delta, and who acquired a very great and extensive celebrity for his attainments in spiritual and natural magic, and for holding converse, face to face, with Jinn, and causing them to appear to other persons, even to the blind, as men acquainted with him informed the historian. His contemporaries, says this writer, entertained various opinions respecting him; but, among them, a famous grammarian and general scholar, the sheykh ?asan El-Kafrawee, regarded him as a first-rate saint, who performed evident miracles; this learned man p.r.o.nouncing as such the effects of "his legerdemain and natural magic." His fame he describes as having increased until he was induced to try an unlucky experiment. A Memlook chief, Yoosuf Bey, saw some magic characters written on the body of one of his female slaves, and, exasperated by jealousy, commanded her, with a threat of instant death, to tell him who had done this. She confessed that a woman had taken her to the sheykh ?adoomeh, and that he had written this charm to attract to her the Bey's love. Upon hearing this, he instantly sent some attendants to seize the magician, and to put him to death, and throw him into the Nile; which was done.[138] But the manner in which the seizure was made, as related to me by one of my friends, deserves to be mentioned. Several persons, one after another, endeavoured to lay hold upon him; but every arm that was stretched forth for this purpose was instantly paralyzed, through a spell muttered by the magician; until a man behind him thrust a gag into his mouth, and so stopped his enchantments.

Of the stories related to me of ?adoomeh's miracles, the following will serve as a specimen:--In order to give one of his friends a treat, he took him to the distance of about half an hour's walk into the desert on the north of Cairo; here they both sat down, upon the pebbly and sandy plain, and, the magician having uttered a spell, they suddenly found themselves in the midst of a garden, like one of the gardens of paradise, abounding with flowers and fruit-trees of every kind, springing up from a soil clothed with verdure brilliant as the emerald, and irrigated by numerous streamlets of the clearest water. A repast of the most delicious viands and fruits and wines was spread before them by invisible hands; and they both ate to satiety, taking copious draughts of the various wines. At length, the magician's guest sank into a deep sleep; and when he awoke, he found himself again in the pebbly and sandy plain, with ?adoomeh still by his side.--The reader will probably attribute this vision to a dose of opium or some similar drug; and such I suppose to have been the means employed; for I cannot doubt the integrity of the narrator, though he would not admit such an explanation; regarding the whole as an affair of magic, effected by the operation of Jinn, like similar relations in the present work.

It may be remarked that most of the enchantments described in this work are said to be performed by _women_; and reputed _witches_ appear to have been much more numerous in all countries than _wizards_. This fact the Muslims readily explain by a saying of their Prophet:--That women are deficient in sense and religion:--whence they argue that they are more inclined than men to practise what is unlawful.

NOTE 16.--_On the Two Grand Festivals._ The Muslims observe two grand 'Eeds, or Festivals, in every year. The first of these immediately follows Rama?an, the month of abstinence, and lasts three days: it is called the Minor Festival. The other, which is called the Great Festival, commences on the tenth of Zu-l-?ejjeh, the day when the pilgrims, halting on their return from Mount 'Arafat to Mekkeh, in the Valley of Mine (vulgarly called Muna), perform their sacrifice: the observance of this festival also continues three days, or four.

Early in the first morning, on each of these festivals, the Muslim is required to perform a l.u.s.tration of his whole person, as on the mornings of Friday; and on the first morning of the Minor Festival, he should break his fast with a few dates or some other light food; but on the Great Festival, he abstains from food until he has acquitted himself of the religious duties now to be mentioned. Soon after sunrise, on the first day of each festival, the men, dressed in new or in their best clothes, repair to the mosque, or to a particular place appointed for the performance of the prayers of the 'Eed. On going thither, they should repeat, frequently, "G.o.d is most great!"--this, on the Minor Festival, they should do inaudibly: on the other, aloud. The congregation, having a.s.sembled, repeat the prayers of two rek'ahs; after which, the Kha?eeb recites a khu?beh; _i. e._ an exhortation and a prayer. On each of these festivals, in the mosque, or place of prayer, and in the street, and at each other's houses, friends congratulate and embrace one another; generally paying visits for this purpose; and the great receive visits from their dependants. The young, on these occasions, kiss the right hand of the aged; and servants or dependants do the same to their masters or superiors, unless the latter be of high rank, in which case they kiss the end of the hanging sleeve, or the skirt of the outer garment. Most of the shops are closed, excepting those at which eatables and sweet drinks are sold; but the streets are filled with people in their holiday clothes.

On the Minor Festival, which, as it terminates an arduous fast, is celebrated with more rejoicing than the other,[139] servants and other dependants receive presents of new articles of clothing from their masters or patrons; and the servant receives presents of small sums of money from his master's friends, whom, if they do not visit his master, he goes to congratulate; as well as from any former master, to whom he often takes a plateful of ka?ks. These are sweet cakes, or biscuits, of an annular form, composed of flour and b.u.t.ter, with a little 'ajameeyeh (which is a thick paste consisting of b.u.t.ter, honey, a little flour, and some spices) inside. They are also often sent as presents on this occasion by other people. Another custom required of the faithful on this festival is the giving of alms.

On the Great Festival, after the prayers of the congregation, every one who can afford it performs, with his own hand, or by that of a deputy, a sacrifice of a ram, he-goat, cow or buffalo, or she-camel; part of the meat of which he eats, and part he gives to the poor, or to his friends or dependants. The ram or goat should be at least one year old; the cow or buffalo, two years; and the camel, five years; and the victim should not have any considerable mutilation or infirmity. A cow or buffalo, or a camel, is a sufficient sacrifice for seven persons. The clothes which were put on new at the former festival are generally worn on this occasion; and the presents which are given to servants and others are usually somewhat less.

On each of the two festivals it is also customary, especially with the women, to visit the tombs of relations. The party generally take with them a palm-branch, and place it, broken in several pieces, or merely its leaves, upon the tomb or monument; or some, instead of this, place sweet basil or other flowers. They also usually provide themselves with sweet cakes, bread, dates, or some other kind of food, to distribute to the poor. But their first duty, on arriving at the tomb, is to recite the Fate?ah (the opening Chapter of the ?ur-an), or to employ a person to recite previously a longer chapter; generally the thirty-sixth (or Soorat Ya-Seen); or even the whole of the book: or sometimes the visiters recite the Fate?ah, and, after having hired a person to perform a longer recitation, go away before he commences. The women often stay all the days of the festival in the cemeteries, either in tents, or in houses of their own, erected there for their reception on these and other occasions. The tent of each party surrounds the tomb which is the object of their visit. In the outskirts of the cemeteries, swings and whirligigs are erected; and story-tellers, dancers, and jugglers, amuse the populace.

NOTE 17.--_On the Mode of Slaughtering of Animals for Food._ In the old translation, the sheykh is described as preparing to slaughter the cow with a _mallet_. This is a mistake of a serious nature; as the flesh of the victim, if so killed, would be legally unclean. The Muslims are required to slaughter animals for food in a particular manner. Sheep, goats, cows or bulls, and buffaloes, must be killed by cutting the throat, at the part next the head, or any other part; dividing the windpipe, gullet, and carotid arteries. The camel is to be slaughtered by _stabbing_ the throat at the part next the breast. Poultry, also, must be killed by cutting the throat; and so must every tame animal of which the flesh is lawful food. The slaughterer, in every case, must be a Muslim, a Christian, or a Jew; of either s.e.x. On commencing the operation, he must say, "In the name of G.o.d! G.o.d is most great!"--or at least, "In the name of G.o.d!"--but not add, "the Compa.s.sionate, the Merciful"--for an obvious reason. Birds or beasts of the chase may be killed by an arrow, a dog, a hawk, &c.; but the name of G.o.d must be uttered at the time of discharging the arrow, or slipping the dog, &c.

When the beast or bird is not killed at once by the arrow, &c., it must be slaughtered as soon as possible, in the same manner as sheep and poultry: the law, as well as humanity, requires this.

NOTE 18.--_On the Influence of Eloquence and Tales upon the Arabs._ The main incident upon which this work is founded, the triumph of the fascination of the tongue over a cruel and unjust determination which nothing else could annul, might be regarded, by persons unacquainted with the character and literature of the Arabs, as a contrivance too improbable in its nature; but such is not the case. Perhaps there are no other people in the world who are such enthusiastic admirers of literature, and so excited by romantic tales, as those above named.

Eloquence, with them, is lawful magic: it exercises over their minds an irresistible influence. "I swear by G.o.d," said their Prophet, "verily abuse of infidels in verse is worse to them than arrows."[140] This, of course, alludes to _Arab_ unbelievers.

In the purest, or Heroic Age of Arabic literature, which was anterior to the triumph of the Mohammadan religion, the conquest which the love of eloquence could achieve over the sanguinary and vindictive feelings of the Arabs was most remarkably exemplified in the annual twenty days'

fair of 'Oka?, or 'Oka?h. Respecting this fair, I shall here insert a few particulars borrowed from an author who is at present devoting talents of the very highest order to the study and ill.u.s.tration of the history and literature of the early Arabs, and to whose conversation and writings I must acknowledge myself indebted for most valuable information, which will often be of great utility to me in this undertaking, as well as in every branch of my Arabic studies.

The fair of 'Oka? "was not only a great mart opened annually to all the tribes of Arabia; but it was also a literary congress, or rather a general concourse of virtues, of glory and of poetry, whither the hero-poets resorted to celebrate their exploits in rhyming verse, and peacefully to contend for every kind of honour. This fair was held in the district of Mekkeh, between E?-?af and Nakhleh, and was opened at the new moon of Zu-l-?a?deh; that is to say, at the commencement of a period of three sacred months, during which all war was suspended, and homicide interdicted.... How is it possible to conceive that men whose wounds were always bleeding, who had always acts of vengeance to execute, vengeances to dread, could at a certain epoch impose silence upon their animosities, so as tranquilly to sit by a mortal enemy? How could the brave who required the blood of a father, a brother, or a son, according to the phraseology of the desert and of the Bible,[141] who long, perhaps, had pursued in vain the murderer,--meet him, accost him peacefully at 'Oka?, and only a.s.sault with cadences and rhymes him whose presence alone seemed to accuse him of impotence or cowardice,--him whom he was bound to slay, under pain of infamy, after the expiration of the truce? In fine, how could he hear a panegyric celebrating a glory acquired at his own expense, and sustain the fire of a thousand looks, and yet appear unmoved? Had the Arabs no longer any blood in their veins during the continuance of the fair?--These questions, so embarra.s.sing, ... were determined [to a great degree], during the age of Arab paganism, in a manner the most simple and most refined.--At the fair of 'Oka?, the heroes were masked [or veiled].--In the recitations and improvisations, the voice of the orator was aided by that of a rhapsodist or crier, who was stationed near him, and repeated his words.

There is a similar office in the public prayers: it is that of the muballigh (transmitter), who is employed to repeat in a loud voice what is said in a lower tone by the Imam. These two facts have been revealed to me by the same ma.n.u.script which I am translating, and upon which I am commenting. The use of the mask [or veil] might, however, be either adopted or dispensed with, _ad libitum_; as is proved by the narratives of a great number of quarrels begun and ended at 'Oka?.... It was in this congress of the Arab poets (and almost every warriour was a poet at the age which I am considering) that the dialects of Arabia became fused into a magic language, the language of the ?ejaz, which Mo?ammad made use of to subvert the world; for the triumph of Mo?ammad is nothing else than the triumph of speech."[142]--The ?ur-an is regarded by the Arabs as an everlasting miracle, surpa.s.sing all others, appealing to the understanding of every generation by its inimitable eloquence. A stronger proof of the power of language over their minds could hardly be adduced; unless it be their being capable of receiving as a credible fact the tradition that both genii and men were attracted by the eloquent reading of David, when he recited the Psalms; that the wild beasts and the birds were alike fascinated; and that sometimes there were borne out from his a.s.sembly as many as four hundred corpses of men who died from the excessive delight with which he thus inspired them.[143] It may be added that the recitation, or chanting, of the ?ur-an is a favourite means of amusing the guests at modern private festivities.

In what may be termed the Middle Age of Arabic literature, commencing from the triumph of the Mohammadan religion, and extending to the foundation of the Empire of Baghdad, the power of eloquence over the educated cla.s.ses of the Arabs probably increased in proportion as it became less familiar to them: for, early in this age, they began to simplify their spoken language in consequence of their intercourse with strangers, who could not generally acquire the difficult, old dialect of their conquerors: this, therefore, then began to be confined to literary compositions. That such a change took place at this period appears from several anecdotes interspersed in Arabic works. The Khaleefeh El-Weleed (who reigned near the close of the first century of the Flight), the son of 'Abd-El-Melik, spoke so corrupt a dialect that he often could not make himself understood by the Arabs of the desert. A ridiculous instance of the mistakes occasioned by his use of the simplified language which is now current is related by Abu-l-Fida. The same author adds, that the father and predecessor of this prince was a man of eloquence, and that he was grieved by the corrupt speech of his son, which he considered as a defect that incapacitated him to be a future ruler of the Arabs, as they were still great admirers of purity of speech, though so large a proportion of them spoke a corrupt dialect; wherefore, he sent him to a house to be instructed by a grammarian; but after the youth had remained there a long time, he returned to his father more ignorant than before. Vulgarisms, however, would sometimes escape from the mouth of 'Abd-El-Melik himself; yet, so sensible was he to eloquence, that, when a learned man, with whom he was conversing, elegantly informed him of an error of this kind, he ordered his mouth to be filled with jewels. "These," said his courteous admonisher, "are things to be treasured up; not to be expended:"--and for this delicate hint, he was further rewarded with thirty thousand pieces of silver, and several costly articles of apparel.[144]--It may be aptly added, that this Khaleefeh was, in the beginning of his reign, an unjust monarch; and as he thus bore some slight resemblance to our Shahriyar, so was he reclaimed to a sense of his duty by means somewhat similar. Being, one night, unable to sleep, he called for a person to tell him a story for his amus.e.m.e.nt. "O Prince of the Faithful," said the man thus bidden, "there was an owl in El-Mo?il, and an owl in El-Ba?rah; and the owl of El-Mo?il demanded in marriage, for her son, the daughter of the owl of El-Ba?rah: but the owl of El-Ba?rah said, 'I will not, unless thou give me, as her dowry, a hundred desolate farms.' 'That I cannot do,' said the owl of El-Mo?il, 'at present; but if our sovereign (may G.o.d, whose name be exalted, preserve him!) live one year, I will give thee what thou desirest.'"--This simple fable sufficed to rouse the prince from his apathy, and he thenceforward applied himself to fulfil the duties of his station.[145]

In the most flourishing age of Arabic poetry and general literature and science, commencing from the foundation of the Empire of Baghdad, and extending to the conquest of Egypt by the 'Osmanlee Turks, the influence of eloquent and entertaining language upon the character of the Arab sovereigns was particularly exemplified. A few ill.u.s.trative anecdotes may here be inserted.

It is related by El-A?ma'ee, that Haroon Er-Rasheed, at a grand fete which he was giving, ordered the poet Abu-l-'Atahiyeh to depict, in verse, the voluptuous enjoyments of his sovereign. The poet began thus:--

"Live long in safe enjoyment of thy desires, under the shadow of lofty palaces!"

"Well said!" exclaimed Er-Rasheed: "and what next?"

"May thy wishes be abundantly fulfilled, whether at eventide or in the morning!"

"Well!" again said the Khaleefeh: "then what next?"

"But when the rattling breath struggles in the dark cavity of the chest.

Then shalt thou know surely, that thou hast been only in the midst of illusions."

--Er-Rasheed wept; and Fa?l, the son of Ya?ya, said, "The Prince of the Faithful sent for thee to divert him, and thou hast plunged him into grief." "Suffer him," said the prince; "for he hath beheld us in blindness, and it displeased him to increase it."[146]

The family of the Barmekees (one of the most brilliant ornaments of which was the Wezeer Ja?far, who has been rendered agreeably familiar to us by the many scenes in which he is introduced in the present work) earned a n.o.ble and enduring reputation by their attachment to literature, and the magnificent rewards they conferred on learned men.

It was peculiarly hard, therefore, that literature contributed to their melancholy overthrow. Poets were employed by their enemies to compose songs artfully pointed against them, to be sung before the prince to whom they owed their power. Of one of these songs, the following lines formed a part:--

"Would that Hind had fulfilled the promises she made us, and healed the disease under which we suffer!

That she had once, at least, acted for herself! for imbecile, indeed, is he who doth not so."

"Yea! By Allah! Imbecile!" exclaimed the Khaleefeh, on hearing these verses: his jealousy was roused; and his vengeance soon after fell heavily upon his former favourites.[147]

One of the Khaleefehs having invited the poets of his day to his palace, a Bedawee, carrying a water-jar to fill at the river, followed them, and entered with them. The Khaleefeh, seeing this poor man with the jar on his shoulder, asked him what brought him thither. He returned for answer these words:--

"Seeing that this company had girded on the saddles To repair to thy overflowing river, I came with my jar."

The Khaleefeh, delighted with his answer, gave orders to fill his jar with gold.[148]

In the present declining age of Arabian learning (which may be said to have commenced about the period of the conquest of Egypt by the 'Osmanlees), literary recreations still exert a magic influence upon the Arabs. Compositions of a similar nature to the tales of a Thousand and One Nights (though regarded by the learned as idle stories unworthy of being cla.s.sed with their literature) enable numbers of professional story-tellers to attract crowds of delighted listeners to the coffee-shops of the East; and now that the original of the present work is printed, and to be purchased at a moderate price, it will probably soon, in a great measure, supersede the romances of Aboo-Zeyd, E?-?ahir, and 'Antar. As a proof of the powerful fascinations with which the tales of a Thousand and One Nights affect the mind of a highly-enlightened Muslim, it may be mentioned that the latest native historian of Modern Egypt, the sheykh 'Abd-Er-Ra?man El-Jabartee, so delighted in their perusal that he took the trouble of refining the language of a copy of them which he possessed, expunging or altering whatever was grossly offensive to morality without the somewhat redeeming quality of wit, and adding many facetiae of his own, and of other literati. What has become of this copy, I have been unable, though acquainted with several of his friends, to discover.

NOTE 19. It is a common custom among the Muslims to give a present to a person who brings good tidings. The word (bisharah) which I render "a reward for bringing good news," literally signifies merely "good news;"

but it is often used, as in this case, in the former sense.

NOTE 20. A Mohammadan woman is not allowed to show her face to any men excepting certain near relations and others whom the law prohibits her from marrying. Who these are will be mentioned in a future note, descriptive of the general laws and ceremonies of marriage. Respectable females consider it a great disgrace to be seen unveiled by any men but those above alluded to.

NOTE 21.--_On the_ Deenar _and_ Dirhem. The standards of gold and silver coin, among the Arabs, were the deenar and the dirhem: therefore, in this work, I call the former "a piece of gold," and the latter "a piece of silver." Their values have varied considerably at different periods; but in the present work, we shall sufficiently approximate to the truth, if we understand the average value of the former to be about ten shillings or half a guinea; and that of the latter, about sixpence.

NOTE 22.--_Description of Shops._ In Eastern cities, most of the great thoroughfare-streets, and many others, have a row of shops along each side, not communicating with the superstructures; which latter are divided into separate lodgings, inhabited by different families, and seldom by the persons who rent the shops beneath. These streets are called, in Arabic, "Soo?s;" and are generally termed by us, "Bazars." A whole street of this description, or a portion of such a street, commonly contains only or chiefly shops appropriated to a particular trade; and is called the Soo? of that trade. In general, the shop is a small recess or cell, about six or seven feet high, and between three and four feet wide, the floor of which is even with the top of a raised seat of stone or brick, called "ma??abah," between two and three feet high, and about the same in breadth; upon which the shopkeeper usually sits.[149] The front of the shop is furnished with shutters; which, when closed, at night, are secured by a wooden lock. Several of the engravings in this work will convey a better notion of shops of different kinds than a more detailed description.

NOTE 23. Distrust in his governors and relations and acquaintance often induces an Arab to hide his money under the paved floor of a room, or in some other place, in his house.

NOTE 24. These words, "I give myself to thee," uttered by a woman to a man, even without the presence of witnesses, if they cannot be easily procured, render her his lawful wife, if he replies that he accepts her, and gives her a dowry.

NOTE 25. I have subst.i.tuted "Jinneeyeh" (agreeably with the Calcutta edition of the first two hundred nights, and because the context requires it) for "'Efreeteh," which signifies a powerful and evil female genie.--The tale to which this note refers may be ill.u.s.trated by the following anecdote, which was related to me by a Persian with whom I was acquainted in Cairo, named Abu-l-?asim, a native of Geelan, then superintendent of the Basha's Printing-office at Boola?.

One of this person's countrymen, whom he a.s.serted to be a man of indubitable veracity, was sitting on the roof of a house which he had hired, overlooking the Ganges, and was pa.s.sing the closing hour of the day, according to his usual custom, smoking his Persian pipe, and feasting his eyes by gazing at the beautiful forms of Indian maidens bathing in the river, when he beheld among them one so lovely that his heart was overpowered with desire to have her for his wife. At nightfall she came to him, and told him that she had observed his emotion, and would consent to become his wife; but on the condition that he should never admit another female to take or share her place, and that she should only be with him in the night-time. They took the marriage-vow to each other, with none for their witness but G.o.d; and great was his happiness, till, one evening, he saw again, among a group of girls in the river, another who excited in him still more powerful emotions. To his surprise, this very form stood before him at the approach of night.

He withstood the temptation, mindful of his marriage-vow: she used every allurement; but he was resolute. His fair visiter then told him that she was his wife; that she was a Jinneeyeh; and that she would always thenceforward visit him in the form of any female whom he might chance to prefer.

NOTE 26. This form of benediction is almost always added when the Prophet is mentioned in a book by any of his followers, and often also in conversation.

NOTE 27. Perhaps it is needless to explain this proverb by the words of the Bible--"Vengeance is mine; I will repay, saith the Lord." (Romans, xii. 19.) For the honour of the Muslims I must say that this maxim is often observed by them, excepting in cases to which the law of retaliation applies.

NOTE 28. The houses in Arabian countries generally have flat roofs, upon which, in the summer, some of the inhabitants often sleep: the interior, therefore, is as accessible from the roof as from the common entrance.

NOTE 29. I here steer a middle course between my usual standard copy--which gives the story of the third sheykh more fully than I have done--and the Calcutta edition of the first two hundred nights, which omits it altogether, as does also the copy from which the old translation was made, perhaps on account of its uninteresting nature.

[Ill.u.s.tration]

[Ill.u.s.tration]

[111] ?ur-an, ch. xiii. v. 39.