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# Dictionary of National Biography, 1885-1900/Guthrie, David

​GUTHRIE, Sir DAVID (fl. 1479), lord treasurer of Scotland 1461, was the son of Alexander Guthrie of Kincaldrum. From 25 March 1466, when David Guthrie recovered the barony and estates of Guthrie granted to his family by David II but afterwards sold, his full title was Sir David Guthrie of Guthrie and Kincaldrum. In 1457 he was sheriff of Forfarshire. From his youth he was bred up about the court, and became armour-bearer to James II, afterwards rising high in favour with James III. During James III's minority Guthrie was made lord treasurer (in 1461) by the queen-mother. On 15 Oct. 1466 he became comptroller of the household. In March 1467 he again appears in the official deeds as treasurer, and in November as comptroller, his name occurring in the royal charters for 1468 in the same position as when treasurer, but without the designation, the probability being that he continued to hold both posts (Accounts of the Lord High Treasurer, i. 30, &c.; Crawfurd, Officers of State, p. 360). On 10 Aug. 1468 Guthrie appears as clerk of the register, and the next year, owing to a change in the ministry, was made master of the rolls, his name again appearing as comptroller in November 1470. In April 1472 he went as one of the Scotch plenipotentiaries to meet the English commissioners at Newcastle, where a truce to last from 20 April 1472 till July 1483 was concluded. He was appointed lord chief justice of Scotland in 1473; the last official mention of his name is as justiciary in 1474, but he certainly survived till 1479. 'In the time of his greatness he much enlarged his estate' (Records of the Exchequer, 1474), and founded and endowed a collegiate church at Guthrie for a provost and three prebends (increased by his eldest son to eight), and confirmed by a bull from Sixtus IV, dated at Rome 14 June 1479.
Guthrie married twice, first a daughter of Sir Thomas Maule of Panmure, and secondly one of the Dundases. His eldest son, Alexander, a grandson, three sons-in-law, and a nephew were all slain at Flodden, 1513.
John Guthrie, bishop of Moray [q. v.], was descended from John, youngest son of Sir Alexander Guthrie.
[Anderson's Scottish Nation,ii.386; Chronicles and Memorials of Scotland, 1424-1513; Antiquities of Aberdeen and Banff (Spalding Club), iii. 273.]
E. T. B.
# Derelict Vessels (Report) Act 1896

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Layout 2 From the The Public General Statutes (1986),
CHAPTER 12.
An Act for the better reporting of Floating Derelicts.
[2nd July 1896.]
BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :
Notice of derelict vessels to be given by masters to Lloyd's agents.2. Every master or other person for the time being in command of any British ship after the passing of this Act, who shall become aware of the existence on the high seas of any floating derelict vessel, shall notify the same to the Lloyd's agent at his next place of call or arrival, and shall, together with such notification, furnish to the Lloyd s agent all such information as he may possess as to the supposed locality or identity of such derelict vessel, and the date when and place where the same may have been observed by or reported to him, and the Lloyd's agent shall forthwith on receipt of such notification and information transmit the same to the secretary of Lloyd's in London. And if any such master fails to make such a report he shall be liable, on summary conviction, to a penalty not exceeding five pounds.
Letters to be sent to Lloyd's in default of agents.3. If there shall be no Lloyd's agent at the next place of call or arrival, then and in such case the notification shall be made and the information furnished by such master or other person as aforesaid, to the secretary of Lloyd's, London.
Information to be published by Lloyd's.4. Any information received by the society of Lloyd's as aforesaid in pursuance of this Act, shall be published by the society forthwith in the same manner and to the same extent as its reports of shipping casualties, and the society shall also forthwith communicate such information to the Board of Trade.
# Dermott v. Wallach (66 U.S. 96)

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United States Supreme Court
66 U.S. 96
Dermott v. Wallach
Charles S. Wallach brought replevin in the Circuit Court for the District of Columbia against Ann R. Dermott. In his declaration the plaintiff averred that certain articles of household furniture were taken by the defendant and detained against surties and pledges. The defendant pleaded that 'the goods and chattels in the declaration mentioned are not the property of the said plaintiff, and of this she puts herself on the country.' The defendant also avowed the taking of the goods for rent in arrear, setting out the lease, and the amount due thereon. To the avowry the plaintiff replied riens en arriere, but did not formally join issue on the plea of property by putting in a similiter. The defendant prayed the court to instruct the jury on several points, all of them having relation to the one question whether the rent had become due and payable to the plaintiff, as alleged by her. The court refused to give the instructions prayed for, and the jury found that the rent claimed by the defendant 'at the time when, &c., was not in arrear and unpaid, nor was any penny thereof,' assessing the damages of the plaintiff for the taking and detention at one cent. The court gave judgment for the plaintiff, that he have return of the goods, with the damages assessed by the jury and costs.
Mr. Brent, of Maryland, for plaintiff in error.
Mr. Carlisle and Mr. Coxe, of Washington city, for defendant in error.
Mr. Justice NELSON.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Dermott v. Wallach

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This is a disambiguation page. It lists works that share the same title. If an article link referred you here, please consider editing it to point directly to the intended page.
* Dermott v. Wallach (66 U.S. 96)
* Dermott v. Wallach (68 U.S. 61)
# Dermott v. Jones

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* Dermott v. Jones (64 U.S. 220)
* Dermott v. Jones (69 U.S. 1)
# Dictionary of National Biography, 1885-1900/Eccleston, Thomas (1659-1743)

​ECCLESTON, THOMAS (1659–1743), jesuit, only son of Henry Eccleston, esq., of Eccleston Hall, Lancashire, by Eleanor, daughter of Robert Blundell, esq., of Ince Blundell, was born in 1659. He was educated in the college of St. Omer, and afterwards continued his studies for two years (1677–9) in the English College at Rome. During the wars in Ireland, after the revolution of 1688, he held a captain's commission in King James's army. Being engaged in a duel which proved fatal to his antagonist, he was seized with remorse and determined to enter the religious state. Accordingly he returned to Rome, entered the jesuit novitiate of Sant' Andrea in 1697, and was professed of the four vows in England in 1712. He was employed in the Yorkshire missions, and served Ingatestone Hall as chaplain to Lord Petre under the assumed name of Holland. From 11 Aug. 1731 to 22 Sept. 1737 he was rector of the college at St. Omer. He died on 30 Dec. 1743.
He wrote a treatise on ‘The Way to Happiness,’ 1726, 8vo; 2nd edit. London, 1772, 8vo.
His full-length portrait, pointing to his sword thrown upon the ground, was formerly hung in the hall at Eccleston.
[Oliver's Collectanea S. J., p. 84; Foley's Records, v. 348, vi. 426, vii. 220; Gillow's Bibl. Dict.; De Backer's Bibl. des Écrivains de la Compagnie de Jésus (1869), p. 1701.]
T. C.
# Dictionary of National Biography, 1885-1900/Ecclestone, William

​ECCLESTONE or EGGLESTONE, WILLIAM (fl. 1605–1623), actor, seems to have been born in Southwark, where his father, also William Ecclestone, resided. He joined the famous king's company of actors associated with the Blackfriars and Globe theatres after 1605, and performed in Jonson's ‘Alchemist’ in 1610 and in the same writer's ‘Catiline’ in 1611. About August 1611 Ecclestone withdrew from the Blackfriars and Globe company and joined a new association of twelve actors formed by Henslowe under Prince Henry's patronage to act at the Fortune Theatre. In 1613 the new company quarrelled with Henslowe, and Ecclestone reappeared with his former associates in Beaumont and Fletcher's ‘Honest Man's Fortune.’ Ecclestone was still a member of the king's company in 1619, but he had retired before 1625. His name occurs as an ​actor in Beaumont and Fletcher's ‘Bonduca’ (1615–16), ‘Loyal Subject’ (1618), ‘Mad Lover’ (1618), ‘Humorous Lieutenant’ (1618), ‘Island Princess’ (1619?), ‘Women Pleased’ (1619?), ‘Little French Lawyer’ (1620–1), ‘Customs of the Country’ (1621?), ‘Laws of Candy’ (1622), ‘Sea Voyage’ (1622), and ‘Spanish Coast’ (1622). He married Anne Jacob at St. Saviour's Church, Southwark, 20 Feb. 1602–3. He was alive in 1623, when a fellow-actor, Nicholas Tooley, released him of a debt.
[Collier's Lives of the Actors, pp. 241, 245–8; F. G. Fleay's Actor Lists, 1578–1644, in Royal Hist. Soc. Transactions, ix. 44 et seq.; Collier's Hist. of English Dramatic Poetry; G. F. Warner's Cat. of Dulwich MSS.; Alleyn Papers, ed. Collier (Shakespeare Soc.)]
S. L. L.
# Dictionary of National Biography, 1885-1900/Eden, Ashley

​EDEN, Sir ASHLEY (1831–1887), Indian official, third son of Robert John Eden [q. v.], third lord Auckland and bishop of Bath and Wells, and nephew of George Eden [q .v.], earl of Auckland and governor-general of India, was born at Hertingfordbury in Hertfordshire on 13 Nov. 1831. He was educated first at Rugby and then at Winchester, until 1849, in which year he received a nomination to the Indian civil service. He spent 1850 and 1851 at the East India Company's college at Haileybury, but did not pass out last of his term until December 1851. In 1852 he reached India, and was first posted as assistant to the magistrate and collector ​of Rájsháhí. In 1855 he was appointed assistant to the special commissioner for suppressing the Santál insurrection, and in this capacity showed both tact and courage. In 1856 he was promoted to be magistrate at Moorshedábád, and during the Indian mutiny he did much to check sympathy with the revolt in that city. In 1860 Eden was appointed secretary to the government of Bengal and an ex-officio member of the Bengal legislative council. This post he held for eleven years, during the last part of Sir John Peter Grant's lieutenant-governorship, and throughout Sir Cecil Beadon's and Sir William Grey's terms of office. In 1860 Eden accompanied a force ordered to invade the hill state of Sikkim in the Himalayas, as political agent, and in March 1861 he signed a treaty with the rájá, which secured protection to travellers and free trade. This success caused Eden to be appointed special envoy to the hill state of Bhután in 1863. He was accompanied by no armed force; his demands were rejected; and he was grossly insulted and forced to sign a treaty highly favourable to the Bhutiás. This treaty was not ratified by the supreme government, and the Bhután war was the result. In 1871 Eden was appointed chief commissioner of British Burma, being the first civilian ever sent to govern that province. His term of office was signalised by many administrative reforms. In 1874 he was made a C.S.I., and in April 1877 he returned to Calcutta as lieutenant-governor of Bengal, in succession to Sir Richard Temple. His government was prosperous and successful, and he was made a K.C.S.I. in 1878. His retirement from India on being appointed a member of the secretary of state's council in 1882 caused genuine regret among both the European and native communities of Calcutta, and his admirers founded in his honour the Eden Hospital for Women and Children in Calcutta. A more solid testimony to his memory is the Eden canal, which joins the Ganges and the Tistá, and will effectually save the greater portion of Behar from famine. Eden was an assiduous attendant at the council of India for the remainder of his life. He died suddenly of paralysis on 9 July 1887.
[East India Directories and India Lists; Hunter's Imperial Gazetteer; Colonel Gawler's Mountain Warfare in Sikkim; Rennie's Bhután War; obituary notices in the Times and Allen's Indian Mail.]
H. M. S.
# Dictionary of National Biography, 1885-1900/Ecton, John

​ECTON, JOHN (d. 1730), compiler, a native of Winchester, was employed in the first-fruits department of the office of Queen Anne's Bounty, where he ultimately became the receiver of the tenths of the clergy. He died at Turnham Green, Middlesex, 20 Aug. 1730 (Hist. Reg. vol. xv., Chron. Diary, p. 55). His will, bearing date 7 July 1730, was proved at London 8 Sept. 1730 by his widow, Dorothea Ecton (registered in P. C. C. 255, Auber). Therein he desired to be buried in Winchester Cathedral. He appears to have left no issue. He devised all his ‘manuscript bookes, papers, and collections’ to his wife and Dr. Edward Butler, vice-chancellor of the university of Oxford, ‘to be jointly att their discretion disposed of in the best manner for the publick service;’ but he desired that such as were found completed and likely to prove useful might be published. Ecton was a good antiquary and musician. He was elected F.S.A. 29 March 1723 ([Gough], Chron. List. of Soc. Antiq., 1798, p. *3). His collection of music and musical instruments he bequeathed to James Kent, the church composer [q. v.] His library was sold in 1735.
He published: 1. ‘Liber Valorum et Decimarum; being an Account of the Valuations and Yearly Tenths of all such Ecclesiastical Benefices in England and Wales as now stand chargeable with the Payment of First-Fruits and Tenths … (Some Things necessary to be … performed by a Clergyman upon his admission to any Benefice),’ 8vo, London, 1711. Of this once useful compilation seven editions appeared between 1723 and 1796, the best being that published as ‘Thesaurus Rerum Ecclesiasticarum,’ 4to, London, 1754, and again in 1763, with additions by Browne Willis. In 1786 John Bacon (1738–1816) [q. v.], having changed the title of the book to ‘Liber Regis’ and made a few additions, published it as entirely his own work, without even revising Ecton's preface. He himself did not add one line of introduction, as is erroneously stated in Nichols's ‘Literary Anecdotes,’ ix. 5n. This conduct, for which Bacon and his publisher, John Nichols, deserved equal blame, was severely commented on in the ‘Gentleman's Magazine’ for 1786 and 1787 (vol. lvi. pt. ii. 1027–8, vol. lvii. pt. i. pp. 135, 304–5). 2. ‘A State of the Proceedings of the Corporation of the Governours of the Bounty of Queen Anne for the Augmentation of the Maintenance of the Poor Clergy, from … 1704 to Christmas, 1718,’ 8vo, London, 1719; 2nd edition, ‘with a Continuation to Christmas, 1720,’ 8vo, London, 1721.
G. G.
# Dictionary of National Biography, 1885-1900/Edema, Gerard

​EDEMA, GERARD (1652–1700?), landscape-painter, is stated to have been a native of Friesland. He was a pupil of Allart van Everdingen, from whom he learnt to paint landscapes of a wild and savage nature, with a predilection for rocks and waterfalls. He came to England about 1670, in his eighteenth year, and shortly afterwards made an expedition to Norway to collect subjects for his pictures. These travels he extended to Surinam in Dutch Guiana, the West Indies, the English colonies in America, and Newfoundland. He returned to London with a great number of paintings representing the novel and unknown scenery which he had visited, and their strange and awe-inspiring character earned him the name of ‘the Salvator Rosa of the North.’ He had no difficulty in disposing of any number of them to the merchants whose business was connected with those countries, and his landscapes were eagerly sought after by the nobility. Edema, having no talent for figures and buildings, was usually assisted in this line by Jan Wyck. Sir Richard Edgcumbe, being anxious to have a series of views of Mount-Edgcumbe painted for his house there, employed Edema, Wyck, and Vandevelde to execute them in concert. They remained some time at Mount-Edgcumbe, and produced several views which still exist. Unfortunately for Edema his prosperity led him into luxurious habits and to an inordinate love of the bottle, which caused his death at Richmond about 1700. Two landscapes by him are at Hampton Court. He was a clever painter, but owed his success to the novelty and interest of his subjects. Some authorities distinguish him from a Nicholas Edema, living at the same time, who visited Surinam for the purpose of painting insects and plants, a line of art which he abandoned for landscape-painting. It seems almost certain that there was only one painter of the name.
L. C.
# Dictionary of National Biography, 1885-1900/Eccleston, Thomas of

​ECCLESTON, THOMAS of (fl. 1250), Franciscan, studied at Oxford (De Adventu Minorum, p. 39), and entered the Franciscan order probably soon after its settlement in England. Everything that is to be known of him can only be ascertained from his work, ‘De Adventu Fratrum Minorum in Angliam.’ He speaks of personal intercourse with William of Nottingham, minister-general of the order, who died in 1250, and of Adam de Marisco, who died in 1257 or 1258, as dead, and thus his approximate date is known. His work, for which he was collecting materials for twenty-five years, is dedicated to Simon de Esseby; it gives a narrative of some thirty years of the settlement of the Franciscans in England, describing their work and their poverty with the vividness of an eye-witness. It was partially known by some extracts in Leland's ‘Collectanea,’ iii. 341 (1770), but was not printed till 1858, when it was published in Mr. Brewer's ‘Monumenta Franciscana,’ in the Rolls Series.
[Leland, De Scriptor. Brit. p. 298, an account copied and falsely added to by Bale; Wadding's Annales Minorum, vii. 169, who gives a very erroneous date; Brewer's Preface to the Monumenta Franciscana, pp. lxxi–lxxvi.]
H. R. L.
# Dictionary of National Biography, 1885-1900/Eddi

Stephen of Ripon in the ODNB.
​EDDI, ÆDDE, or EDDIUS (fl. 669), biographer, who assumed the name of Stephanus probably on taking orders, was brought into Northumbria by Bishop Wilfrith or Wilfrid when he returned from Canterbury in 669. His special work was to teach the Roman method of chanting in the Northumbrian churches; he acted as choirmaster of the diocese, and accordingly describes himself as ‘cantor’ (Eddius, c. xiv.). He was probably present at the synod of Onestrefeld, or Austerfield, in 702, in which Wilfrid was condemned, and accompanied him on his journey to Rome, whither he went to appeal against its decree. It has also been shown that there can be little doubt that he was an inmate of the monastery of Ripon in 709, when Wilfrid spent his last days there (Raine). At the request of Bishop Acca [q. v.], Abbot Tatberht, and the congregation of Ripon, he wrote a ‘Life of Wilfrid,’ a work in which he says his remembrance of the bishop was of great help to him. Although not written with any literary skill, and full of partisanship, it is a work of the highest interest and value, and was probably used by Bæda. The date of the last event it records is 710, and as it is reasonable to conclude that Eddi was at least twenty-five when he came into Northumbria, he must then have been fully sixty-six. The ‘Vita Wilfridi Episcopi auctore Eddio Stephano’ was used by William of Malmesbury (Gesta Pontificum); it is not included in the ‘Acta Sanctorum’ of the Bollandists, and was first printed by Mabillon in his ‘Acta SS. Ordinis S. Benedicti,’ vol. iv. pt. i. p. 631, from a transcript from the Cottonian MS., and later, with the help of a manuscript in the library of Salisbury Cathedral, by Gale in his ‘Scriptores XV,’ i. 38, and by Giles in ‘Vitæ Quorundam Sanctorum,’ Caxton Soc. The latest edition is in the ‘Historians of the Church of York,’ i. 1, Rolls Ser., with full introduction by James Raine.
W. H.
# Courtney v. Pradt

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United States Supreme Court
196 U.S. 89
Courtney v. Pradt
Argued: December 9, 1904. --- Decided: January 3, 1905
Merrit B. Atwater, a citizen of Wisconsin, and William C. Atwater, a citizen of Illinois, were partners, and in 1898 Merrit B. died testate, having appointed Louis A. Pradt, likewise a citizen of Wisconsin, his executor. The will was duly admitted to probate in Wisconsin, and Pradt duly qualified as executor, and has been and is acting as such. William C. Atwater was one of the legatees under the will.
The Atwater Land & Lumber Company was a corporation of Wisconsin, engaged in buying, owning, holding, and selling real estate in Kentucky, and Merrit B. Atwater, at the time of his death, owned stock in that corporation, on which a dividend was declared August 30, 1901, which amounted to $4,757.37. W. C. Atwater was not a stockholder at the time of the declaration of the dividend, and had not been since 1893.
Courtney, a citizen of Kentucky, brought suit in the circuit court of Powell county, Kentucky, against Pradt, executor, and William C. Atwater, and procured a general order of attachment, under which the sheriff summoned the company to answer as garnishee by delivery of a copy of the attachment to the person designated by the company as its agent upon whom process could be executed, as required by the statutes of Kentucky in that behalf. There was no personal service on Pradt, executor, or on William C. Atwater, but a warning order was entered pursuant to statute.
Pradt, as executor, and William C. Atwater, filed their petition and bond in the state court for the removal of the cause to the circuit court of the United States for the eastern district of Kentucky on the ground of diversity of citizenship, and it was removed accordingly. Pradt, executor, and William C. Atwater, entering their appearance in the circuit court for that purpose only, moved the court to dismiss the case 'for want of jurisdiction to try same.' On the same day, Pradt, executor, filed a special demurrer, assigning as causes, inter alia, that the court had no jurisdiction of the person or of the subject-matter. And on that day plaintiff moved to remand, no reasons being given. The circuit court overruled the motion to remand, sustained the motion to dismiss and the demurrer, and entered judgment dismissing the suit for want of jurisdiction. Two opinions were delivered, because further argument was permitted, and both are in the record. No certificate of the question of jurisdiction was applied for or granted; but an appeal was allowed to this court, which was argued in due course, together with a motion to dismiss.
Breckinridge & Shelby for appellant.
Messrs. Neal Brown, Louis A. Pradt, R. D. Hill, and Edwin C. Brandenburg for appellees.
Mr. Chief Justice Fuller delivered the opinion of the court:

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse