FOOTNOTES:

[1] The two words are common to Teutonic languages, cf. Ger. _taub_

and _dumm_ (only in the sense of "stupid"), Dutch _doof_ and _dom_;

the original meaning seems to have been dull of perception, stupid,

obtuse, and the words may be ultimately related. The Gr. [Greek:

typhlos] blind, and [Greek: typhos], smoke, mist, probably show the

same base.

[2] For our resume of the history we are indebted solely to Arnold

(_Education of Deaf Mutes, Teachers' Manual_) as far as the date of

the founding of the Old Kent Road Institution.

DEAK, FRANCIS (FERENCZ), (1803-1876), Hungarian statesman, was born at

Sojtor in the county of Zala, on the 17th of October 1803. He came of an

ancient and distinguished noble family, and was educated for the law at

Nagy-Kanizsa, Papa, Raab and Pest, and practised first as an advocate

and ultimately as a notary. His first case was the defence of a

notorious robber and murderer. His reputation in his own county was

quickly established, and when in 1833 his elder brother Antal, also a

man of extraordinary force of character, was obliged by ill-health to

relinquish his seat in the Hungarian parliament, the electors chose

Ferencz in his stead. He took an active part in the proceedings of the

diet at Pressburg and made the acquaintance of Odon Beothy and the other

Liberal leaders. No man owed less to external advantages. He was to all

appearance a simple country squire. His true greatness was never

exhibited in debate. It was in friendly talk, generally with a pipe in

his mouth and an anecdote on the tip of his tongue, that he exercised

his extraordinary influence over his fellows. Convinced from the first

of his disinterestedness and sincerity, and impressed by his penetrating

shrewdness and his instinctive faculty of always seizing the main point

and sticking to it, his hearers soon felt an absolute confidence in the

deputy from Zala county. Perhaps there is not another instance in

history in which a man who was neither a soldier, nor a diplomatist, nor

a writer, who appealed to no passion but patriotism, and who avoided

power with almost oriental indolence instead of seeking it, became, in

the course of a long life, the leader of a great party by sheer force of

intellect and moral superiority.

During the diet of 1839-1840 Deak succeeded in bringing about an

understanding between a reactionary government, sadly in want of money,

and a Liberal opposition determined that the nation should have its

political privileges respected. "Let us put all jealousy on one side and

allow him the pre-eminence," wrote Szechenyi of Deak (April 30th, 1840).

Deak would not go to the diet of 1843-1844, though he had received a

mandate, because his election was the occasion of bloodshed in the

struggle between the Clericals who would have ousted him and the

Liberals who brought him in. In 1848, however, he accepted the post of

minister of justice offered to him by Louis Batthyany. He never ceased

to urge moderation in those stormy days, holding rather with Eotvos and

Batthyany than with Kossuth, and he went more than once to Vienna to

endeavour to effect a compromise between the Radicals and the court. But

when the ill-will of the Vienna government became patent, and the

sentiments of the king doubtful, he resigned together with Batthyany,

but without ceasing to be a member of the diet. He it was who drew up

the resolution of the Lower House in reply to the rescript of the

Austrian ministry demanding the repeal of the Hungarian constitution. It

was he who urged the Hungarian cabinet not to depart a hair's-breadth

from their legitimate position. He was one of the parliamentary

deputation which waited in vain upon Prince Windischgratz in his camp.

(See HUNGARY: _History_.) He then retired to his estate at Kehida. After

the war of independence he was tried by court-martial, but acquitted.

During the years of repression he lived in complete retirement. He

rejected Schmerling's proposal that he should take part in the project

of judicial reform, but on the other hand he held completely aloof from

the widespread, secret revolutionary movements. After 1854 he spent the

greater part of his time at Pest, and his little room at the "Queen of

England" inn became the meeting-place for those patriots who in those

dark days looked to the wisdom of Deak for guidance. He used every

opportunity of stimulating the moral strength of the nation and keeping

its hopes alive. He invited the nation to contribute to the support of

the orphans of Vorosmarty when that great poet died. He drew up the

petition of the academy to the government, in which he defended the

maintenance of this asylum of the national language against Austrian

intervention. He trusted that, as had so often happened in the course of

Hungarian history, the weakness and blindness of the court would help

Hungary back to her constitutional rights. Armed resistance he

considered dangerous, but he was an immutable defender of the continuity

of the Hungarian constitution on the basis of the reforms of 1848. His

principles alienated him from the Kossuth faction, which looked for

salvation to a second war with Austria, engineered from abroad; but he

was equally opposed to the attitude of resignation taken up by the

followers of Szechenyi, who, according to Deak, always regarded the

world from a purely provincial point of view.

The war of 1859 convinced the Austrian government, at last, of the

necessity of a reconciliation with Hungary; but the ensuing negotiations

were conducted not through Deak, but through the Magyar Conservatives.

In 1860 Deak rejected the October diploma (see HUNGARY: _History_),

which was simply a cast-back to the Maria Theresa system of 1747; but,

at the request of the government, he went to Vienna to set forth the

national demands. On this occasion he insisted on the re-establishment

of the constitution in its integrity as a _sine qua non_. Meanwhile, it

became more and more evident that the Conservative party had no standing

in the country. The majority of the deputies returned to the diet of

1861 were in favour of asserting their rights by a resolution of the

House, instead of petitioning for them by an address to the crown; hence

arose the two parties of the Addressers and the Resolutioners. The

_Patent_ of the 20th of February 1861 increased the uneasiness and

suspicion of the nation; but Deak, now one of the deputies for Pest, was

in favour of an address rather than of a resolution, and his great

speech on the subject (May 13th, 1861) converted the majority hostile to

an address into a majority for it. The object of the Addressers was to

make the responsibility for a rupture rest on the Austrian government.

Nevertheless, the court found the address so voted inadmissible;

whereupon, on Deak's motion, the Hungarian diet drew up a second address

vigorously defending the rights of the nation, and solemnly protesting

against the usurpations of the Austrian government. The speech which

Deak made on this occasion was his finest effort. Henceforth all Europe

identified his name with the cause of Hungary. The Magyar Conservatives

hereupon entered into negotiations with Deak, and the Austrian

government, more than ever convinced of the necessity of a

reconciliation, was ready to take the first step, if Hungary would take

the second and third. Deak now proposed that the sovereign himself

should break away from counsellors who had sought to oppress Hungary,

and should restore the constitution as a personal act. The worthy

response to this loyal invitation was the dismissal of the Schmerling

administration, the suspension of the February constitution and the

summoning of the coronation diet. Of that diet Deak was the

indispensable leader. Under his direction the Addressers and the

Resolutioners coalesced, and he was entrusted with the difficult and

delicate negotiations with the crown, which aimed at effecting a

compromise between the Pragmatic Sanction of 1719, which established the

indivisibility of the Habsburg monarchy, and the March decrees of 1848.

The committee of which he was president had completed its work, when the

war of 1866 broke out and all again became uncertain.

After Koniggratz the extreme parties in Hungary hoped to extort still

more favourable terms from the emperor; but Deak remained true to

himself and to the constitutional principle. On the 18th of July he went

to Vienna, to urge the necessity of forming a responsible Magyar

ministry without delay. He offered the post of premier to Count Julius

Andrassy, but would not himself take any part in the administration. The

diet was resummoned on the 17th of November 1866 and, chiefly through

the efforts of Deak, the responsible ministry was formed (February 17th,

1867). There was still one fierce parliamentary struggle, in which Deak

defended the Composition (Ausgleich) of 1867, both against the

Kossuthites and against the Left-centre, which had detached itself from

his own party under the leadership of Kalman Tisza (q.v.). He, a simple

citizen, from pure patriotism, thus mediated between the crown and the

people, as the Hungarian palatines were wont to do in years gone by, and

it was the wish of the diet that Deak should exercise the functions of a

palatine at the solemn ceremony of the coronation. This honour he

refused, as he had refused every other reward and distinction. "It was

beyond the king's power to give him anything but a clasp of the hand."

His real recompense was the assurance of the prosperity and the

tranquillity of his country in the future, and the reconciliation of the

nation and its sovereign. The consciousness of these great services even

reconciled him to the loss of much of his popularity; for there can be

no doubt that a large part of the Hungarian nation regarded the

Composition of 1867 as a sort of surrender and blamed Deak as the author

of it. The Composition was the culminating point of Deak's political

activity; but as a party-leader he still exercised considerable

influence. He died at midnight of the 28th-29th of July 1876, after long

and painful sufferings. His funeral was celebrated with royal pomp on

the 3rd of February, and representatives from every part of Hungary

followed the "Sage" to the grave. A mausoleum was erected by national

subscription, and in 1887 a statue, overlooking the Danube, was erected

to his memory.

See _Speeches_ (Hung.) ed. by Mano Konyi (Budapest, 1882); Z.

Ferenczi, _Life of Deak_ (Hung., Budapest, 1894); _Memorials of

Ferencz Deak_ (Hung., Budapest, 1889-1890); Ferencz Pulszky,

_Charakterskizze_ (Leipzig, 1876). (R. N. B.)

DEAL, a market town, seaport and municipal borough in the St Augustine's

parliamentary division of Kent, England, 8 m. N.E. by N. of Dover on the

South-Eastern & Chatham railway. Pop. (1901) 10,581. It consists of

three divisions--Lower Deal, on the coast; Middle Deal; and, about a

mile inland, though formerly on the coast, Upper Deal, which is the

oldest part. Though frequented as a seaside resort, the town derives its

importance mainly from its vicinity to the Downs, a fine anchorage,

between the shore and the Goodwin Sands, about 8 m. long and 6 m. wide,

in which large fleets of windbound vessels may lie in safety. The trade

consequently consists largely in the supply of provisions and naval

stores, which are conveyed to the ships in need of them by "hovellers,"

as the boatmen are called all along the Kentish coast; the name is

probably a corruption of _hobeler_, anciently applied to light-horsemen

from the hobby or small horse which they rode. The Deal hovellers and

pilots are famous for their skill. Boat-building and a few other

industries are carried on. Among buildings the most remarkable are St

Leonard's church in Upper Deal, which dates from the Norman period; the

Baptist chapel in Lower Deal, founded by Captain Taverner, governor of

Deal Castle, in 1663; the military and naval hospital; and the barracks,

founded in 1795. The site of the old navy yard is occupied by villas;

and the esplanade, nearly four miles long, is provided with a promenade

pier. The golf-links is well known. At the south end of the town is Deal

Castle, erected by Henry VIII. in 1539, together with the castles of

Sandown, Walmer and Sandgate. They were built alike, and consisted of a

central keep surrounded by four lunettes. Sandown Castle, which stood

about a mile to the east of Deal Castle, was of interest as the prison

in which Colonel Hutchinson, the Puritan soldier, was confined, and is

said to have died, September 1664. It was removed on becoming endangered

by encroachments of the sea. The "captain" of Deal Castle is appointed

by the lord warden of the Cinque Ports. The town is governed by a mayor,

6 aldermen and 18 councillors. Area, 1111 acres.

Deal is one of the possible sites of the landing-place of Julius Caesar

in Britain. Later in the period of Roman occupation the site was

inhabited, but apparently was not a port. In the Domesday Survey, Deal

(_Dola_, _Dale_, _Dele_) is mentioned among the possessions of the

canons of St Martin, Dover, as part of the hundreds of Bewsborough and

Cornilo; it seems, however, from early times to have been within the

liberty of the Cinque Ports as a member of Sandwich, but was not

continuously reckoned as a member until Henry VI., on the occasion of a

dispute as to its assessment, finally annexed it to their jurisdiction.

In the time of Henry VIII. Deal was merely a fishing village standing

half-a-mile from the sea, but the growth of the English navy and the

increase of trade brought men-of-war and merchant ships in increased

numbers to the Downs. Deal began to grow in importance, and Lower or New

Deal was built along the shore. The prosperity of the town has ever

since depended almost entirely on its shipping trade. In 1699 the

inhabitants petitioned for incorporation, since previously the town had

been under the jurisdiction of Sandwich and governed by a deputy

appointed by the mayor of that town; William III. by his charter

incorporated the town under the title of mayor, jurats and commonalty of

Deal, and he also granted a market to be held on Tuesday and Saturday,

and fairs on the 25th and 26th of March, and on the 30th of September

and 1st of October, with a court of Pie Powder. The Cinque Ports were

first represented in the parliament of 1265; the two members returned by

Sandwich represented Sandwich, Deal and Walmer, until they were

disenfranchized by the act of 1885.

DEAL. (1) (A common Teutonic word for a part or portion, cf. Ger.

_Teil_, and the Eng. variant "dole"), a division or part, obsolete

except in such phrases as "a great deal" or "a good deal," where it

equals quantity or lot. From the verb "to deal," meaning primarily to

divide into parts, come such uses as for the giving out of cards to the

players in a game, or for a business transaction. (2) (Also a Teutonic

word, meaning a plank or board, cf. Ger. _Diele_, Dutch _deel_),

strictly a term in carpentry and joinery for a sawn plank, usually of

pine or fir, 9 in. wide and 2 to 4(1/2) in. thick. (See JOINERY.) The

word is also used more loosely of the timber from which such deals are

cut, thus "white deal" is used of the wood of the Norway spruce, and

"red deal" of the Scotch pine.

DEAN (Lat. _decanus_, derived from the Gr. [Greek: deka], ten), the

style of a certain functionary, primarily ecclesiastical. Whether the

term was first used among the secular clergy to signify the priest who

had a charge of inspection and superintendence over two parishes, or

among the regular clergy to signify the monk who in a monastery had

authority over ten other monks, appears doubtful. "Decurius" may be

found in early writers used to signify the same thing as "decanus,"

which shows that the word and the idea signified by it were originally

borrowed from the old Roman military system.

The earliest mention which occurs of an "archipresbyter" seems to be in

the fourth epistle of St Jerome to Rusticus, in which he says that a

cathedral church should possess one bishop, one archipresbyter and one

archdeacon. Liberatus also (_Breviar._ c. xiv.) speaks of the office of

archipresbyter in a manner which, as J. Bingham says, enables one to

understand what the nature of his duties and position was. And he thinks

that those are right who hold that the archipresbyters were the same as

the deans of English cathedral churches. E. Stillingfleet (_Irenic._

part ii. c. 7) says of the archipresbyters that "the memory of them is

preserved still in cathedral churches, in the chapters there, where the

dean was nothing else but the archipresbyter; and both dean and

prebendaries were to be assistant to the bishop in the regulating the

church affairs belonging to the city, while the churches were contained

therein." Bingham, however, following Liberatus, describes the office of

the archipresbyter to have been next to that of the bishop, the head of

the presbyteral college, and the functions to have consisted in

administering all matters pertaining to the church in the absence of the

bishop. But this does not describe accurately the office of dean in an

English cathedral church. The dean is indeed second to the bishop in

rank and dignity, and he is the head of the presbyteral college or

chapter; but his functions in no wise consist in administering any

affairs in the absence of the bishop. There may be some matters

connected with the ordering of the internal arrangements of cathedral

churches, respecting which it may be considered a doubtful point whether

the authority of the bishop or that of the dean is supreme. But the

consideration of any such question leads at once to the due theoretical

distinction between the two. With regard to matters spiritual, properly

and strictly so called, the bishop is supreme in the cathedral as far

as--and no further than--he is supreme in his diocese generally. With

regard to matters material and temporal, as concerning the fabric of the

cathedral, the arrangement and conduct of the services, and the

management of the property of the chapter, &c., the dean (not excluding

the due authority of the other members of the chapter, but speaking with

reference to the bishop) is supreme. And the cases in which a doubt

might arise are those in which the material arrangements of the fabric

or of the services may be thought to involve doctrinal considerations.

The Roman Catholic writers on the subject say that there are two sorts

of deans in the church--the deans of cathedral churches, and the rural

deans--as has continued to be the case in the English Church. And the

probability would seem to be that the former were the successors and

representatives of the monastic decurions, the latter of the inspectors

of "ten" parishes in the primitive secular church. It is thought by some

that the rural dean is the lineal successor of the _chorepiscopus_, who

in the early church was the assistant of the bishop, discharging most,

if not all, episcopal functions in the rural districts of the diocese.

But upon the whole the probability is otherwise. W. Beveridge, W. Cave,

Bingham and Basnage all hold that the _chorepiscopi_ were true bishops,

though Romanist theologians for the most part have maintained that they

were simple priests. But if the _chorepiscopus_ has any representative

in the church of the present day, it seems more likely that the

archdeacon is such rather than the dean.

The ordinary use of the term dean, as regards secular bodies of persons,

would lead to the belief that the oldest member of a chapter had, as a

matter of right, or at least of usage, become the dean thereof. But

Bingham (lib. ii. chap. 18) very conclusively shows that such was at no

time the case; as is also further indicated by the maxim to the effect

that the dean must be selected from the body of the chapter--"_Unus de

gremio tantum potest eligi et promoveri ad decanatus dignitatem_." The

duties of the dean in a Roman Catholic cathedral are to preside over the

chapter, to declare the decisions to which the chapter may have in its

debates arrived by plurality of voices, to exercise inspection over the

choir, over the conduct of the capitular body, and over the discipline

and regulations of the church; and to celebrate divine service on

occasion of the greater festivals of the church in the absence or

inability of the bishop. With the exception of the last clause the same

statement may be made as to the duties and functions of the deans of

Church of England cathedral churches.

Deans had also a place in the judicial system of the Lombard kings in

the 8th, 9th and 10th centuries. But the office indicated by that term,

so used, seems to have been a very subordinate one; and the name was in

all probability adopted with immediate reference to the etymological

meaning of the word,--a person having authority over ten (in this case

apparently) families. L. A. Muratori, in his _Italian Antiquities_,

speaks of the resemblance between the _saltarii_ or _sylvani_ and the

_decani_, and shows that the former had authority in the rural

districts, and the latter in towns, or at least in places where the

population was sufficiently close for them to have authority over ten

families. Nevertheless, a document cited by Muratori from the archives

of the canons of Modena, and dated in the year 813, recites the names of

several "deaneries" (_decania_), and thus shows that the authority of

the dean extended over a certain circumscription of territory.

In the case of the "dean of the sacred college," the connexion between

the application of the term and the etymology of it is not so evident as

in the foregoing instances of its use; nor is it by any means clear how

and when the idea of seniority was first attached to the word. This

office is held by the oldest cardinal--i.e. he who has been longest in

the enjoyment of the purple, not he who is oldest in years,--who is

usually, but not necessarily or always, the bishop of Ostia and

Velletri. Perhaps the use of the word "dean," as signifying simply the

eldest member of any corporation or body of men, may have been first

adopted from its application to that high dignitary. The dean of the

sacred college is in the ecclesiastical hierarchy second to the pope

alone. His privileges and special functions are very many; a compendious

account of the principal of them may be found in the work of G. Moroni,

vol. xix. p. 168.

There are four sorts of deans of whom the law of England takes notice.

(1) The dean and chapter are a council subordinate to the bishop,

assistant to him in matters spiritual relating to religion, and in

matters temporal relating to the temporalities of the bishopric. The

dean and chapter are a corporation, and the dean himself is a

corporation sole. Deans are said to be either of the old or of the new

foundation--the latter being those created and regulated after the

dissolution of the monasteries by Henry VIII. The deans of the old

foundation before the Ecclesiastical Commissioners Act 1841 were elected

by the chapter on the king's _conge d'elire_; and the deans of the new

foundation (and, since the act, of the old foundation also) are

appointed by the king's letters patent. It was at one time held that a

layman might be dean; but since 1662 priest's orders are a necessary

qualification. Deaneries are sinecures in the old sense, i.e. they are

without cure of souls. The chapter formerly consisted of canons and

prebendaries, the dean being the head and an integral part of the

corporation. By the Ecclesiastical Commissioners Act 1841, it is enacted

that "all the members of the chapter except the dean, in every

collegiate and cathedral church in England, and in the cathedral

churches of St David and Llandaff, shall be styled canons." By the same

act the dean is required to be in residence eight months, and the canons

three months, in every year. The bishop is visitor of the dean and

chapter. (2) A dean of peculiars is the chief of certain peculiar

churches or chapels. He "hath no chapter, yet is presentative, and hath

cure of souls; he hath a _peculiar_, and is not subject to the

visitation of the bishop of the diocese." The only instances of such

deaneries are Battle (Sussex), Bocking (Essex) and Stamford (Rutland).

The deans of Jersey and Guernsey have similar status. (3) The third dean

"hath no cure of souls, but hath a court and a _peculiar_, in which he

holdeth plea and jurisdiction of all such ecclesiastical matters as come

within his peculiar. Such is the dean of the arches, who is the judge of

the court of the arches, the chief court and consistory of the

archbishop of Canterbury, so called of Bow Church, where this court was

ever wont to be held." (See ARCHES, COURT OF.) The parish of Bow and

twelve others were within the peculiar jurisdiction of the archbishop in

spiritual causes, and exempted out of the bishop of London's

jurisdiction. They were in 1845 made part of the diocese of London. (4)

Rural deans are clergymen whose duty is described as being "to execute

the bishop's processes and to inspect the lives and manners of the

clergy and people within their jurisdiction." (See Phillimore's

_Ecclesiastical Law_.)

In the colleges of the English universities one of the fellows usually

holds the office of "dean," and is specially charged with the

discipline, as distinguished from the teaching functions of the tutors.

In some universities the head of a faculty is called "dean," and in each

of these cases the word is used in a non-ecclesiastical and purely

titular sense.

DEAN, FOREST OF, a district in the west of Gloucestershire, England,

between the Severn and the Wye. It extends northward in an oval form

from the junction of these rivers, for a distance of 20 m., with an

extreme breadth of 10 m., and still retains its true forest character.

The surface is agreeably undulating, its elevation ranging from 120 to

nearly 1000 ft., and its sandy peat soil renders it most suitable for

the growth of timber, which is the cause of its having been a royal

forest from time immemorial. It is recorded that the commanders of the

Armada had orders not to leave in it a tree standing. In the reign of

Charles I. the forest contained 105,537 trees, and, straitened for

money, the king granted it to Sir John Wyntour for L10,000, and a fee

farm rent of L2000. The grant was cancelled by Cromwell; but at the

Restoration only 30,000 trees were left, and Wyntour, the Royalist

commander, having got another grant, destroyed all but 200 trees fit for

navy timber. In 1680 an act was passed to enclose 11,000 acres and plant

with oak and beech for supply of the dockyards; and the present forest,

though not containing very many gigantic oaks, has six "walks" covered

with timber in various stages of growth.

The forest is locally governed by two crown-appointed deputy gavellers

to superintend the woods and mines, and four verderers elected by the

freeholders, whose office, since the extermination of the deer in 1850,

is almost purely honorary. From time immemorial all persons born in the

hundred of St Briavel's, who have worked a year and a day in a coal

mine, become "free miners," and may work coal in any part of the forest

not previously occupied. The forest laws were administered at the

Speech-House, a building of the 17th century in the heart of the forest,

where the verderers' court is still held. The district contains coal and

iron mines, and quarries of building-stone, which fortunately hardly

minimize its natural beauty. Near Coleford and Westbury pit workings of

the Roman period have been discovered, and the Romans drew large

supplies of iron from this district. The scenery is especially fine in

the high ground bordering the Wye (q.v.), opposite to Symond's Yat above

Monmouth, and Tintern above Chepstow. St Briavel's Castle, above

Tintern, was the headquarters of the forest officials from an early date

and was frequented by King John. It is a moated castle, of which the

north-west front remains, standing in a magnificent position high above

the Wye.

See H. G. Nicholls, _Forest of Dean_ (London, 1858).

DEANE, RICHARD (1610-1653), British general-at-sea, major-general and

regicide, was a younger son of Edward Deane of Temple Guiting or Guyting

in Gloucestershire, where he was born, his baptism taking place on the

8th of July 1610. His family seems to have been strongly Puritan and was

related to many of those Buckinghamshire families who were prominent in

the parliamentary party. His uncle or great-uncle was Sir Richard Deane,

lord mayor of London, 1628-1629. Of Deane's early life nothing is

accurately known, but he seems to have had some sea training, possibly

on a ship-of-war. At the outbreak of the Civil War he joined the

parliamentary army as a volunteer in the artillery, a branch of the

service with which he was constantly and honourably associated. In 1644

he held a command in the artillery under Essex in Cornwall and took part

in the surrender after Lostwithiel. Essex (_Letter to Sir Philip

Stapleton_, Rushworth Collection) calls him "an honest, judicious and

stout man," an estimate of Deane borne out by Clarendon's "bold and

excellent officer" (book xiv. cap. 27), and he was one of the few

officers concerned in the surrender who were retained at the remodelling

of the army. Appointed comptroller of the ordnance, he commanded the

artillery at Naseby and during Fairfax's campaign in the west of England

in 1645. In 1647 he was promoted colonel and given a regiment. In May of

that year Cromwell was made lord-general of the forces in Ireland by the

parliament, and Deane, as a supporter of Cromwell who had to be reckoned

with, was appointed his lieutenant of artillery. Cromwell refused to be

thus put out of the way, and Deane followed his example. When the war

broke out afresh in 1648 Deane went with Cromwell to Wales. As

brigadier-general his leading of the right wing at Preston contributed

greatly to the victory. On the entry of the army into London in 1648,

Deane superintended the seizure of treasure at the Guildhall and

Weavers' Hall the day after Pride "purged" the House of Commons, and

accompanied Cromwell to the consultations as to the "settlement of the

Kingdom" with Lenthall and Sir Thomas Widdrington, the keeper of the

great seal. He is rightly called by Sir J. K. Laughton (in the _Dict. of

Nat. Biog._) Cromwell's "trusted partisan," a character which he

maintained in the active and responsible part taken by him in the events

which led up to the trial and execution of the king. He was one of the

commissioners for the trial, and a member of the committee which

examined the witnesses. He signed the death warrant.

Deane's capacities and activities were now required for the navy. In

1649 the office of lord high admiral was put into commission. The first

commissioners were Edward Popham, Robert Blake and Deane, with the title

of generals-at-sea. His command at sea was interrupted in 1651, when as

major-general he was brought back to the army and took part in the

battle of Worcester. Later he was made president of the commission for

the settlement of Scotland, with supreme command of the military and

naval forces. At the end of 1652 Deane returned to his command as

general-at-sea, where Monck had succeeded Popham, who had died in 1651.

In 1653 Deane was with Blake in command at the battle off Portland and

later took the most prominent and active part in the refitting of the

fleet on the reorganization of the naval service. At the outset of the

three days' battle off the North Foreland, the 1st, 2nd and 3rd of June

1653, Deane was killed. His body lay in state at Greenwich and after a

public funeral was buried in Henry VII.'s chapel at Westminster Abbey,

to be disinterred at the Restoration.

See J. Bathurst Deane, _The Life of Richard Deane_ (1870).

DEANE, SILAS (1737-1789), American diplomat, was born in Groton,

Connecticut, on the 24th of December 1737. He graduated at Yale in 1758

and in 1761 was admitted to the bar, but instead of practising became a

merchant at Wethersfield, Conn. He took an active part in the movements

in Connecticut preceding the War of Independence, and from 1774 to 1776

was a delegate from Connecticut to the Continental Congress. Early in

1776 he was sent to France by Congress, in a semi-official capacity, as

a secret agent to induce the French government to lend its financial aid

to the colonies. Subsequently he became, with Benjamin Franklin and

Arthur Lee, one of the regularly accredited commissioners to France from

Congress. On arriving in Paris, Deane at once opened negotiations with

Vergennes and Beaumarchais, securing through the latter the shipment of

many vessel loads of arms and munitions of war to America. He also

enlisted the services of a number of Continental soldiers of fortune,

among whom were Lafayette, Baron Johann De Kalb and Thomas Conway. His

carelessness in keeping account of his receipts and expenditures, and

the differences between himself and Arthur Lee regarding the contracts

with Beaumarchais, eventually led, in November 1777, to his recall to

face charges, of which Lee's complaints formed the basis. Before

returning to America, however, he signed on the 6th of February 1778 the

treaties of amity and commerce and of alliance which he and the other

commissioners had successfully negotiated. In America he was defended by

John Jay and John Adams, and after stating his case to Congress was

allowed to return to Paris (1781) to settle his affairs. Differences

with various French officials led to his retirement to Holland, where he

remained until after the treaty of peace had been signed, when he

settled in England. The publication of some "intercepted" letters in

Rivington's _Royal Gazette_ in New York (1781), in which Deane declared

his belief that the struggle for independence was hopeless and

counselled a return to British allegiance, aroused such animosity

against him in America that for some years he remained in England. He

died on shipboard in Deal harbour, England, on the 23rd of September

1789 after having embarked for America on a Boston packet. No evidence

of his dishonesty was ever discovered, and Congress recognized the

validity of his claims by voting $37,000 to his heirs in 1842. He

published his defence in _An Address to the Free and Independent

Citizens of the United States of North America_ (Hartford, Conn., and

London, 1784).

_The Correspondence of Silas Deane_ was published in the Connecticut

Historical Society's Collections, vol. ii.; and _The Deane Papers_, in

5 vols., in the New York Historical Society's _Collections_

(1887-1890). See also Winsor's _Narrative and Critical History_, vol.

vii. chap, i., and Wharton's _Revolutionary Diplomatic Correspondence

of the United States_ (6 vols., Washington, 1889).

DEATH, the permanent cessation of the vital functions in the bodies of

animals and plants, the end of life or act of dying. The word is the

English representative of the substantive common to Teutonic languages,

as "dead" is of the adjective, and "die" of the verb; the ultimate

origin is the pre-Teutonic verbal stem _dau_-; cf. Ger _Tod_, Dutch

_dood_, Swed. and Dan. _dod_.

For the scientific aspects of the processes involved in life and its

cessation see BIOLOGY, PHYSIOLOGY, PATHOLOGY, and allied articles; and

for the consideration of the prolongation of life see LONGEVITY. Here it

is only necessary to deal with the more primitive views of death and

with certain legal aspects.

_Ethnology._--To the savage, death from natural causes is inexplicable.

At all times and in all lands, if he reflects upon death at all, he

fails to understand it as a natural phenomenon; nor in its presence is

he awed or curious. Man in a primitive state has for his dead an almost

animal indifference. The researches of archaeologists prove that

Quaternary Man cared little what became of his fellow-creature's body.

And this lack of interest is found to-day as a general characteristic

of savages. The Goajiros of Venezuela bury their dead, they confess,

simply to get rid of them. The Galibis of Guiana, when asked the meaning

of their curious funeral ceremony, which consists in dancing on the

grave, replied that they did it to stamp down the earth. Fuegians,

Bushmen, Veddahs, show the same lack of concern and interest in the

memory of the dead. Even the Eskimos, conspicuous as they are for their

intelligence and sociability, save themselves the trouble of caring for

their sick and old by walling them up and leaving them to die in a

lonely hut; the Chukches stone or strangle them to death; some Indian

tribes give them over to tigers, and the Battas of Sumatra eat them.

This indifference is not dictated by any realization that death means

annihilation of the personality. The savage conception of a future state

is one that involves no real break in the continuity of life as he leads

it. If a man dies without being wounded he is considered to be the

victim of the sorcerers and the evil spirits with which they consort.

Throughout Africa the death of anyone is ascribed to the magicians of

some hostile tribe or to the malicious act of a neighbour. A culprit is

easily discovered either by an appeal to a local diviner or in torturing

some one into confession. In Australia it is the same. Mr Andrew Lang

says that "whenever a native dies, no matter how evident it may be that

death has been the result of natural causes, it is at once set down that

the defunct was bewitched." The Bechuanas and all Kaffir tribes believe

that death, even at an advanced age, if not from hunger or violence, is

due to witchcraft, and blood is required to expiate or avenge it.

Similar beliefs are found among the Papuans, and among the Indians of

both Americas. The history of witchcraft in Europe and its attendant

horrors, so vividly painted in Lecky's _Rise of Rationalism_, are but

echoes of this universal refusal of savage man to accept death as the

natural end of life. Even to-day the ignorant peasantry of many European

countries, Russia, Galicia and elsewhere, believe that all disease is

the work of demons, and that medicinal herbs owe their curative

properties to their being the materialized forms of benevolent spirits.

This animistic tendency is a marked characteristic of primitive Man in

every land. The savage explains the processes of inanimate nature by

assuming that living beings or spirits, possessed of capacities similar

to his own, are within the inanimate object. The growth of a tree, the

spark struck from a flint, the devastating floods of a river, mean to

him the natural actions of beings within the tree, stone or water. And

thus too he explains to himself the phenomena of human life, believing

that each man has within him a mannikin or animal which dictates his

actions in life. This miniature man is the savage's conception of the

soul; sleep and trance being regarded as the temporary, death as the

permanent, absence of the soul. Each individual is thus deemed to have a

dual existence. This "subliminal" self (in modern terminology) has many

forms. The Hurons thought that it possessed head, body, arms and legs,

in fact that it was an exact miniature of a man. The Nootkas of British

Columbia regard it as a tiny man, living in the crown of the head. So

long as it stands erect, its possessor is well, but if it falls from its

position the misfortunes of ill-health and madness at once assail him.

The ancient Egyptian believed in the soul or "double." The inhabitants

of Nias, an island to the west of Sumatra, have the strange belief that

to everyone before birth is given the choice of a long and heavy or

short and light soul (a parallel belief may be found in early Greek

philosophy), and his choice determines the length of life. Sometimes the

soul is conceived as a bird. The Bororos of Brazil fancy that in that

shape the soul of a sleeper passes out of the body during night-time,

returning to him at his awakening. The Bella Coola Indians say the soul

is a bird enclosed in an egg and lives in the nape of the neck. If the

shell bursts and the soul flies away, the man must die. If however the

bird flies away, egg and all, then he faints or loses his reason. A

popular superstition in Bohemia assumes that the soul in the shape of a

white bird leaves the body by way of the mouth. Among the Battas of

Sumatra rice or grain is sprinkled on the head of a man who returns from

a dangerous enterprise, and in the latter case the grains are called

_padiruma tondi_, "means to make the soul (_tondi_) stay at home." In

Java the new-born babe is placed in a hen-coop, and the mother makes a

clucking noise, as if she were a hen, to attract the child's soul. It is

regarded by many savage peoples as highly dangerous to arouse a sleeper

suddenly, as his soul may not have time to return. Still more dangerous

is it to move a sleeper, for the soul on its return might not be able to

find the body. Flies and butterflies are forms which the souls are

believed by some races to take, and the Esthonians of the island of

Oesel think that the gusts of wind which whirl tornado-like through the

roads are the souls of old women seeking what they can find.

But more widespread perhaps than any belief, from its simplicity

doubtless, is the idea that the body's shadow or reflexion is the soul.

The Basutos think that crocodiles can devour the shadow of a man cast on

the surface of water. In many parts of the world sorcerers are credited

with supernatural powers over a man by an attack on his shadow. The sick

man is considered to have lost his shadow or a part of it. Dante refers

to the shadowless spectre of Virgil, and the folklore of many European

countries affords examples of the prevalence of the superstition that a

man must be as careful of his shadow as of his body. In the same way the

reflexion-soul is thought to be subject to a malice of enemies or

attacks of beasts and has been the cause of superstitions which in one

form or another exist to-day. From the Fijian and Andaman islander who

exhibits abject terror at seeing himself in a glass or in water, to the

English or European peasant who covers up the mirrors or turns them to

the wall, upon a death occurring, lest an inmate of the house should see

his own face and have his own speedy demise thus prognosticated, the

idea holds its ground. It was probably the origin of the story of

Narcissus, and there is scarcely a race which is free from the haunting

dread. Lastly the soul is pictured as being a man's breath (_anima_),

and this again has come down to us in literature, evidenced by the fact

that the word "breath" has become a synonym for life itself. The "last

breath" has meant more than a mere metaphor. It expresses the savage

belief that there departs from the dying in the final expiration a

something tangible, capable of separate existence--the soul. Among the

Romans custom imposed a sacred duty on the nearest relative, usually the

heir, to inhale the "last breath" of the dying. Moreover the classics

bear evidence to the sanctity with which sentiment surrounded the last

kiss; Cicero, in his speech against Verres, saying "_Matres ab extremo

complexu liberum exclusae: quae nihil aliud orabant nisi ut filiorum

extremum spiritum ore excipere sibi liceret_." Virgil, too, refers in

the _Aeneid_, iv. 684, to the custom, which survives to-day as a

ceremonial practice among many savage and semi-civilized people.

From the inability of the savage in all ages and in all lands to

comprehend death as a natural phenomenon, there results a tendency to

personify death, and myths are invented to account for its origin.

Sometimes it is a "taboo" which has been broken and gives Death power

over man. In New Zealand Maui, the divine hero of Polynesia, was not

properly baptized. In Australia a woman was told not to go near a tree

where a bat lived: she infringed the prohibition, the bat fluttered out,

and death resulted. The Ningphoos were dismissed from Paradise and

became mortal because one of them bathed in water which had been

"tabooed" (Dalton, p. 13). Other versions of the Death-myth in Polynesia

relate that Maui stole a march on Night as she slept, and would have

passed right through her to destroy her, but a little bird which sings

at sunset woke her, she destroyed Maui, and men lost immortality. In

India Yama, the god of Death, is assumed, like Maui, to have been the

first to "spy out the path to the other world." In the Solomon Islands

(_Jour. Anth. Inst._, February 1881) "Koevari was the author of death,

by resuming her cast-off skin." The same story is told in the Banks

Islands. The Greek myth (Hesiod, _Works and Days_, 90) alleged that

mortals lived "without ill diseases that give death to men" till the

cover was lifted from the box of Pandora. This personification of Death

has had as a consequence the introduction into the folklore of many

lands of stories, often humorous, of the tricks played on the Enemy of

Mankind. Thus Sisyphus fettered Death, keeping him prisoner till rescued

by Ares; in Venetian folklore Beppo ties him up in a bag for eighteen

months; while in Sicily an innkeeper corks him up in a bottle, and a

monk keeps him in his pouch for forty years. The German parallel is

Gambling Hansel, who kept Death up a tree for seven years. Such examples

might be multiplied unendingly, but enough has been said to show that

the attitude of civilized man towards the sphinx-riddle of his end has

been in part dictated and is even still influenced by the savage belief

that to die is unnatural.

_Law--Registration._--The registration of burials in England goes back

to the time of Thomas Cromwell, who in 1538 instituted the keeping of

parish registers. Statutory measures were taken from time to time to

ensure the preservation of registers of burials, but it was not until

1836 (the Births and Deaths Registration Act) that the registration of

deaths became a national concern. Other acts dealing with death

registration were subsequently passed, and the whole law for England

consolidated by the Births and Deaths Registration Act 1874. By that

act, the registration of every death and the cause of the death is

compulsory. When a person dies in a house information of the death and

the particulars required to be registered must be given within five days

of the death to the registrar to the best of the person's knowledge and

belief by one of the following persons:--(1) The nearest relative of the

deceased present at the death, or in attendance during the last illness

of the deceased. If they fail, then (2) some other relative of the

deceased in the same sub-district (registrar's) as the deceased. In

default of relatives, (3) some person present at the death, or the

occupier of the house in which, to his knowledge, the death took place.

If all the above fail, (4) some inmate of the house, or the person

causing the body of the deceased to be buried. The person giving the

information must sign the register. Similarly, also, information must be

given concerning death where the deceased dies not in a house.

Where written notice of the death, accompanied by a medical certificate

of the cause of death, is sent to the registrar, information must

nevertheless be given and the register signed within fourteen days after

the death by the person giving the notice or some other person as

required by the act. Failure to give information of death, or to comply

with the registrar's requisitions, entails a penalty not exceeding forty

shillings, and making false statements or certificates, or forging or

falsifying them, is punishable either summarily within six months, or on

indictment within three years of the offence. Before burial takes place

the clergyman or other person conducting the funeral or religious

service must have the registrar's certificate that the death of the

deceased person has been duly registered, or else a coroner's order or

warrant. Failing the certificate, the clergyman cannot refuse to bury,

but he must forthwith give notice in writing to the registrar. Failure

to do so within seven days involves a penalty not exceeding ten pounds.

Children must not be registered as still-born without a medical

certificate or a signed declaration from some one who would have been

required, if the child had been born alive, to give information

concerning the birth, that the child was still-born and that no medical

man was present at the birth, or a coroner's order. The registration of

deaths at sea is regulated by the act of 1874 together with the Merchant

Shipping Act 1894. See further BIRTH and BURIAL AND BURIAL ACTS.

Registers of death are, in law, evidence of the fact of death, and the

entry, or a certified copy of it, will be sufficient evidence without a

certificate of burial, although it is desirable that it should also be

produced.

_Presumption of Death._--The fact of death may, in English law, be

proved not only by direct but by presumptive evidence. When a person

disappears, so that no direct proof of his whereabouts or death is

obtainable, death may be presumed at the expiration of seven years from

the period when the person was last heard of. It is always, however, a

matter of fact for the jury, and the onus of proving the death lies on

the party who asserts it. In Scotland, by the Presumption of Life

(Scotland) Act 1891, the presumption is statutory. In those cases where

people disappear under circumstances which create a strong probability

of death, the court may, for the purpose of probate or administration,

presume the death before the lapse of seven years. The question of

survivorship, where two or more persons are shown to have perished by

the same catastrophe, as in cases of shipwreck, has been much discussed.

It was at one time thought that there might be a presumption of

survivorship in favour of the younger as against the older, of the male

as against the female, &c. But it is now clear that there is no such

presumption (_In re Alston_, 1892, P. 142). This is also the rule in

most states of the American Union. The doctrine of survivorship

originated in the Roman Law, which had recourse to certain artificial

presumptions, where the particular circumstances connected with deaths

were unknown. Some of the systems founded on the civil law, as the

French code, have adopted certain rules of survivorship.

_Civil Death_ is an expression used, in law, in contradistinction to

natural death. Formerly, a man was said to be dead in law (1) when he

entered a monastery and became professed in religion; (2) when he

abjured the realm; (3) when he was attainted of treason or felony. Since

the suppression of the monasteries there has been no legal establishment

for professed persons in England, and the first distinction has

therefore disappeared, though for long after the original reason had

ceased to make it necessary grants of life estates were usually made for

the terms of a man's _natural_ life. The act abolishing sanctuaries

(1623) did away with civil death by abjuration; and the Forfeiture Act

1870, that on attainder for treason or felony.

For the tax levied on the estate of deceased persons, and sometimes

called "death duty," see SUCCESSION DUTY.

For the statistics of the death-rate of the United Kingdom as compared

with that of the various European countries see UNITED KINGDOM. See

also the articles ANNUITY; CAPITAL PUNISHMENT; CREMATION; INSURANCE;

MEDICAL JURISPRUDENCE, &c.

DEATH-WARNING, a term used in psychical research for an intimation of

the death of another person received by other than the ordinary sensory

channels, i.e. by (1) a sensory hallucination or (2) a massive

sensation, both being of telepathic origin. (See TELEPATHY.) Both among

civilized and uncivilized peoples there is a widespread belief that the

apparition of a living person is an omen of death; but until the Society

of Psychical Research undertook the statistical examination of the

question, there were no data for estimating the value of the belief. In

1885 a collection of spontaneous cases and a discussion of the evidence

was published under the title _Phantasms of the Living_, and though the

standard of evidence was lower than at the present time, a substantial

body of testimony, including many striking cases, was there put forward.

In 1889 a further inquiry was undertaken, known as the "Census of

Hallucinations," which provided information as to the percentage of

individuals in the general population who, at some period of their

lives, while they were in a normal state of health, had had "a vivid

impression of seeing or being touched by a living being or inanimate

object, or of hearing a voice; which impression, so far as they could

discover, was not due to any external cause." To the census question

about 17,000 answers were received, and after making all deductions it

appeared that death coincidences numbered about 30 in 1300 cases of

recognized apparitions; or about 1 in 43, whereas if chance alone

operated the coincidences would have been in the proportion of 1 to

19,000. As a result of the inquiry the committee held it to be proved

that "between deaths and apparitions of the dying person a connexion

exists which is not due to chance alone." From an evidential point of

view the apparition is the most valuable class of death-warning,

inasmuch as recognition is more difficult in the case of an auditory

hallucination, even where it takes the form of spoken words; moreover,

auditory hallucinations coinciding with deaths may be mere knocks,

ringing of bells, &c.; tactile hallucinations are still more difficult

of recognition; and the hallucinations of smell which are sometimes

found as death-warnings rarely have anything to associate them specially

with the dead person. Occasionally the death-warning is in the form of

an apparition of some other person; it may also take the form of a

temporary feeling of intense depression or other massive sensation.

BIBLIOGRAPHY.--Podmore, Gurney and Myers, _Phantasms of the Living_

(1885); for the Census Report see _Proceedings of the Society for

Psychical Research_, part xxvi.; see also F. Podmore, _Apparitions and

Thought Transference_. For a criticism of the results of the Census

see E. Parish, _Hallucinations and Illusions_ and _Zur Kritik des

telepathischen Beweismaterials_, and Mrs Sidgwick's refutation in

_Proc. S.P.R._ part xxxiii. 589-601. The _Journal of the S.P.R._

contains the most striking spontaneous cases received from time to

time by the society. (N. W. T.)

DEATH-WATCH, a popular name applied to insects of two distinct families,

which burrow and live in old furniture and produce the mysterious

"ticking" vulgarly supposed to foretell the death of some inmate of the

house. The best known, because the largest, is a small beetle, _Anobium

striattum_, belonging to the family _Ptinidae_. The "ticking," in

reality a sexual call, like the chirp of a grasshopper, is produced by

the beetle rapidly striking its head against the hard and dry woodwork.

In the case of the smaller death-watches, some of the so-called

book-lice of the family _Psocidae_, the exact way in which the sound is

caused has not been satisfactorily explained. Indeed the ability of such

small and soft insects to give rise to audible sounds has been seriously

doubted; but it is impossible to ignore the positive evidence on the

point. The names _Atropos divinatoria_ and _Clothilla pulsatoria_, given

to two of the commoner forms, bear witness both to a belief in a causal

connexion between these insects and the ticking, and to the superstition

regarding the fateful significance of the sound.

DE BARY, HEINRICH ANTON (1831-1888), German botanist, was of Belgian

extraction, though his family had long been settled in Germany, and was

born on the 26th of January 1831, at Frankfort-on-Main. From 1849 to

1853 he studied medicine at Heidelberg, Marburg and Berlin. In 1853 he

settled at Frankfort as a surgeon. In 1854 he became privat-docent for

botany in Tubingen, and professor of botany at Freiburg in 1855. In 1867

he migrated to Halle, and in 1872 to Strassburg, where he was the first

rector of the newly constituted university, and where he died on the

19th of January 1888.

Although one of his largest and most important works was on the

_Comparative Anatomy of Ferns and Phanerogams_ (1877), and

notwithstanding his admirable acquaintance with systematic and field

botany generally, de Bary will always be remembered as the founder of

modern mycology. This branch of botany he completely revolutionized in

1866 by the publication of his celebrated _Morphologie und Physiologie

d. Pilze_, &c., a classic which he rewrote in 1884, and which has had a

world-wide influence on biology. His clear appreciation of the real

significance of symbiosis and the dual nature of lichens is one of his

most striking achievements, and in many ways he showed powers of

generalizing in regard to the evolution of organisms, which alone would

have made him a distinguished man. It was as an investigator of the then

mysterious Fungi, however, that de Bary stands out first and foremost

among the biologists of the 19th century. He not only laid bare the

complex facts of the life-history of many forms,--e.g. the Ustilagineae,

Peronosporeae, Uredineae and many Ascomycetes,--treating them from the

developmental point of view, in opposition to the then prevailing

anatomical method, but he insisted on the necessity of tracing the

evolution of each organism from spore to spore, and by his methods of

culture and accurate observation brought to light numerous facts

previously undreamt of. These his keen perception and insight

continually employed as the basis for hypotheses, which in turn he

tested with an experimental skill and critical faculty rarely equalled

and probably never surpassed. One of his most fruitful discoveries was

the true meaning of infection as a morphological and physiological

process. He traced this step by step in _Phytophthora_, _Cystopus_,

_Puccinia_, and other Fungi, and so placed before the world in a clear

light the significance of parasitism. He then showed by numerous

examples wherein lay the essential differences between a parasite and a

saprophyte; these were by no means clear in 1860-1870, though he himself

had recognized them as early as 1853, as is shown by his work, _Die

Brandpilze_.

These researches led to the explanation of epidemic diseases, and de

Bary's contributions to this subject were fundamental, as witness his

classical work on the potato disease in 1861. They also led to his

striking discovery of _heteroecism_ (or _metoecism_) in the Uredineae,

the truth of which he demonstrated in wheat rust experimentally, and so

clearly that his classical example (1863) has always been confirmed by

subsequent observers, though much more has been discovered as to

details. It is difficult to estimate the relative importance of de

Bary's astoundingly accurate work on the sexuality of the Fungi. He not

only described the phenomena of sexuality in Peronosporeae and

Ascomycetes--_Eurotium_, _Erysiphe_, _Peziza_, &c.--but also established

the existence of parthenogenesis and apogamy on so firm a basis that it

is doubtful if all the combined workers who have succeeded him, and who

have brought forward contending hypotheses in opposition to his views,

have succeeded in shaking the doctrine he established before modern

cytological methods existed. In one case, at least (_Pyronema

confluens_), the most skilful investigations, with every modern

appliance, have shown that de Bary described the sexual organs and

process accurately.

It is impossible here to mention all the discoveries made by de Bary. He

did much work on the Chytridieae, Ustilagineae, Exoasceae and

Phalloideae, as well as on that remarkable group the Myxomycetes, or, as

he himself termed them, _Mycetozoa_, almost every step of which was of

permanent value, and started lines of investigation which have proved

fruitful in the hands of his pupils. Nor must we overlook the important

contributions to algology contained in his earlier monograph on the

Conjugatae (1858), and investigations on Nostocaceae (1863), _Chara_

(1871), _Acetabularia_ (1869), &c. De Bary seems to have held aloof from

the Bacteria for many years, but it was characteristic of the man that,

after working at them in order to include an account of the group in the

second edition of his book in 1884, he found opportunity to bring the

whole subject of bacteriology under the influence of his genius, the

outcome being his brilliant _Lectures on Bacteria_ in 1885. De Bary's

personal influence was immense. Every one of his numerous pupils was

enthusiastic in admiration of his kind nature and genial criticism, his

humorous sarcasm, and his profound insight, knowledge and originality.

Memoirs of de Bary's life will be found in _Bot. Centralbl._ (1888),

xxxiv. 93, by Wilhelm; _Ber. d. d. bot. Ges._ vol. vi. (1888) p.

viii., by Reess, each with a list of his works; _Bot. Zeitung_ (1889),

vol. xlvii. No. 3, by Graf zu Soems-Laubach. (H. M. W.)

DEBENTURES and DEBENTURE STOCK. One of the many advantages incident to

incorporation under the English Companies Acts is found in the

facilities which such incorporation affords a trading concern for

borrowing on debentures or debenture stock. More than five hundred

millions of money are now invested in these forms of security. Borrowing

was not specifically dealt with by the Companies Acts prior to the act

of 1900, but that it was contemplated by the legislature is evident from

the provision in S 43 of the act of 1862 for a company keeping a

register of mortgages and charges. The policy of the legislature in

this, as in other matters connected with trading companies, was

apparently to leave the company to determine whether borrowing should or

should not form one of its objects.

The first principle to be borne in mind is that a company cannot borrow

unless it is expressly or impliedly authorized to do so by its

memorandum of association. In the case of a _trading_ company borrowing

is impliedly authorized as a necessary incident of carrying on the

company's business. Thus a company established for the conveyance of

passengers and luggage by omnibuses, a company formed to buy and run

vessels between England and Australia, and a company whose objects

included discounting approved commercial bills, have all been held to be

trading companies with an incidental power of borrowing as such to a

reasonable amount. A building society, on the other hand, has no

inherent power of borrowing (though a limited statutory power was

conferred on such societies by the Building Societies Act 1874); nor has

a society formed not for gain but to promote art, science, religion,

charity or any other useful object. Public companies formed to carry out

some undertaking of public utility, such as docks, water works, or gas

works, and governed by the Companies Clauses Acts, have only limited

powers of borrowing.

An implied power of borrowing, even when it attaches, is too

inconvenient to be relied on in practice, and an express power is always

now inserted in a joint stock company's memorandum of association. This

power is in the most general terms. It is left to the articles to define

the amount to be borrowed, the nature of the security, and the

conditions, if any,--such as the sanction of a general meeting of

shareholders,--on which the power is to be exercised. Under the

Companies Act 1908, S 87, a company cannot exercise any borrowing power

until it has fulfilled the conditions prescribed by the act entitling it

to commence business: one of which is that the company must have

obtained its "minimum subscription." A person who is proposing to lend

money to a company must be careful to acquaint himself with any

statutory regulations of this kind, and also to see (1) that the

memorandum and articles of association authorize borrowing, and (2) that

the borrowing limit is not being exceeded, for if it should turn out

that the borrowing was in excess of the company's powers and _ultra

vires_, the company cannot be bound, and the borrower's only remedy is

against the directors for breach of warranty of authority, or to be

surrogated to the rights of any creditors who may have been paid out of

the borrowed moneys.

A company proposing to borrow usually issues a prospectus, similar to

the ordinary share prospectus, stating the amount of the issue, the

dates for payment, the particulars of the property to be comprised in

the security, the terms as to redemption, and so on, and inviting the

public to subscribe. Underwriting is also resorted to, as in the case of

shares, to ensure that the issue is taken up. There is no objection to a

company issuing debentures or debenture stock at a discount, as there is

to its issuing its shares at a discount. It must borrow on the best

terms its credit will enable it to obtain. A prospectus inviting

subscriptions for debentures or debenture stock comes within the terms

of the Directors' Liability Act 1890 (re-enacted in Companies Act 1908,

S 84), and persons who are parties to it have the onus cast upon them,

should the prospectus contain any misstatements, of showing that, at the

time when they issued the prospectus, they had reasonable grounds to

believe, and did in fact believe, that the statements in question were

true; otherwise they will be liable to pay compensation to any person

injured by the misstatements. A debenture prospectus is also within the

terms of the Companies Act 1908. It must be filed with the registrar of

joint stock companies (S 80) and must contain all the particulars

specified in S 81 of the act. (See COMPANY.)

The usual mode of borrowing by a company is either on debentures or

debenture stock. Etymologically, debenture is merely the Latin word

_debentur_,--The first word in a document in common use by the crown in

early times admitting indebtedness to its servants or soldiers. This was

the germ of a security which has now, with the expansion of joint stock

company enterprise, grown into an instrument of considerable complexity.

Debentures may be classified in various ways. From the point of view of

the security they are either (1) debentures (simply); (2) mortgage

debentures; (3) debenture bonds. In the debenture the security is a

floating charge. In the mortgage debenture there is also a floating

charge, but the property forming the principal part of the security is

conveyed by the company to trustees under a trust deed for the benefit

of the debenture-holders. In the debenture bond there is no security

proper: only the covenant for payment by the company. For purposes of

title and transfer, debentures are either "registered" or "to bearer."

For purposes of payment they are either "terminable" or "perpetual" (see

Companies Act 1908, S 103).

_The Floating Debenture._--The form of debenture chiefly in use at the

present day is that secured by a floating charge. By it the company

covenants to pay to the holder thereof the sum secured by the debenture

on a specified day (usually ten or fifteen years after the date of

issue), or at such earlier date as the principal moneys become due under

the provisions of the security, and in the meantime the company

covenants to pay interest on the principal moneys until payment, or

until the security becomes enforceable under the conditions; and the

company further charges its undertaking and all its property, including

its uncalled capital, with the payment of the amount secured by the

debentures. Uncalled capital if included must be expressly mentioned,

because the word "property" by itself will not cover uncalled capital

which is only property potentially, i.e. when called up. This is the

body of the instrument; on its back is endorsed a series of conditions,

constituting the terms on which the debenture is issued. Thus the

debenture-holders are to rank _pari passu_ with one another against the

security; the debenture is to be transferable free from equities between

the company and the original holder; the charge is to be a floating

charge, and the debenture-holders' moneys are to become immediately

repayable and the charges enforceable in certain events: for instance,

if the interest is in arrear for (say) two or three months, or if a

winding-up order is made against the company, or a resolution for

winding-up is passed. Other events indicative of insolvency are

sometimes added in which payment is to be accelerated. The conditions

also provide for the mode and form of transfer of the debentures, the

death or bankruptcy of the holder, the place of payment, &c. The most

characteristic feature of the security--the floating charge--grew

naturally out of a charge on a company's undertaking as a going concern.

Such a charge could only be made practicable by leaving the company free

to deal with and dispose of its property in the ordinary course of its

business--to sell, mortgage, lease, and exchange it as if no charge

existed: and this is how the security works. The debenture-holders give

the directors an implied licence to deal with and dispose of the

property comprised in the security until the happening of any of the

events upon which the debenture-holders' money becomes under the

debenture conditions immediately repayable. Pending this the charge is

dormant. The licence extends, however, only to dealings in _the ordinary

course of business_. Payment by a company of its just debts is always in

the ordinary course of business, but satisfaction by execution levied

_in invitum_ is not. This floating form of security is found very

convenient both to the borrowing company and to the lender. The company

is not embarrassed by the charge, while the lender has a security

covering the whole assets for the time being, and can intervene at any

moment by obtaining a receiver if his security is imperilled, even

though none of the events in which the principal moneys are made payable

have happened. If any of them has happened, for instance default in

payment of interest, or a resolution by the company to wind up, the

payment of the principal moneys is accelerated, and a debenture-holder

can at once commence an action to obtain payment and to realize his

security. At times a proviso is inserted in the conditions endorsed on

the debenture, that the company is not to create any mortgage or charge

ranking in priority to or _pari passu_ with that contained in the

debentures. Very nice questions of priority have arisen under such a

clause. A floating charge created by a company within three months of

its being wound up will now be invalid under S 12 of the Companies Act

1908 unless the company is shown to have been solvent at the time, but

there is a saving clause for cash paid under the security and interest

at 5%.

_Trust Deeds._--When the amount borrowed by a company is large, the

company commonly executes a trust deed by way of further security. The

object of such a trust deed is twofold: (1) it conveys specific property

to the trustees of the deed by way of legal mortgage (the charge

contained in the debentures is only an equitable security), and it

further charges all the remaining assets in favour of the

debenture-holders, with appropriate provisions for enabling them, in

certain events similar to those expressed in the debenture conditions,

to enforce the security, and for that purpose to enter into possession

and carry on the business, or to sell it and distribute the proceeds;

(2) it organizes the debenture-holders and constitutes in the trustees

of the deed a body of experienced business men who can watch over the

interests of the debenture-holders and take steps for their protection

if necessary. In particular it provides machinery for the calling of

meetings of debenture-holders by the trustees, and empowers a majority

of (say) two-thirds or three-fourths in number and value at such meeting

to bind the rest to any compromise or arrangement with the company which

such majorities may deem beneficial. This is found a very useful power,

and may save recourse to a scheme or arrangement first sanctioned under

the machinery of the Joint Stock Companies Arrangement Act 1870

(Companies Act 1908, S 120).

_Registration of Mortgages and Charges._--A company is bound, under the

Companies Act 1862, to keep a register of mortgages and charges, but the

register is only open for the inspection of persons who have actually

become creditors of the company, not of persons who may be thinking of

giving it credit, and the legislature recognizing its inadequacy

provided in the Companies Act 1900 (S 4 of act of 1908) for a public

register at Somerset House of all mortgages and charges of certain

specified classes by a company. If not registered within twenty-one days

from their creation such mortgages and charges are made void--so far as

they are securities--against the liquidator and any creditor of the

company, but the debenture-holders retain the rights of unsecured

creditors. An extension of the time for registering may be granted by

the court, but it will only be without prejudice to the rights of third

persons acquired before actual registration. These provisions for

registration as amended are contained in the Companies Act 1908 (S 93).

_Debentures Registered and to Bearer._--Debentures are, for purposes of

title and transfer, of two kinds--(1) registered debentures, and (2)

debentures to bearer. Registered debentures are transferable only in the

books of the company. Debentures to bearer are negotiable instruments

and pass by delivery. Coupons for interest are attached. Sometimes

debentures to bearer are made exchangeable for registered debentures and

vice versa.

_Redemption._--A company generally reserves to itself a right of

redeeming the security before the date fixed by the debenture for

repayment; and accordingly a power for that purpose is commonly inserted

in the conditions. But as debenture-holders, who have got a satisfactory

security, do not wish to be paid off, the right of redemption is often

qualified so as not to arise till (say) five years after issue, and a

premium of 5% is made payable by way of bonus to the redeemed

debenture-holder. Sometimes the number of debentures to be redeemed each

year is limited. The selection is made by drawings held in the presence

of the directors. A sinking fund is a convenient means frequently

resorted to for redemption of a debenture debt, and is especially

suitable where the security is of a wasting character, leaseholds,

mining property or a patent. Such a fund is formed by the company

setting apart a certain sum each year out of the profits of the company

after payment of interest on the debentures. Redeemed debentures may in

certain cases be reissued; see Companies Act 1908 (S 104).

_Debenture Stock._--Debenture stock bears the same relation to

debentures that stock does to shares. "Debenture stock," as Lord Lindley

states (_Companies_, 5th ed., 195), "is merely borrowed capital

consolidated into one mass for the sake of convenience. Instead of each

lender having a separate bond or mortgage, he has a certificate

entitling him to a certain sum, being a portion of one large loan." This

sum is not uniform, as in the case of debentures, but variable. One

debenture-stockholder, for instance, may hold L20 of the debenture

stock, another L20,000. Debenture stock is usually issued in multiples

of L10 or sometimes of L1, and is made transferable in sums of any

amount not involving a fraction of L1. It is this divisibility of stock,

whether debenture or ordinary stock, into quantities of any amount,

which constitutes in fact its chief characteristic, and its convenience

from a business point of view. It facilitates dealing with the stock,

and also enables investors with only a small amount to invest to become

stockholders. The property comprised in this security is generally the

same as in the case of debentures. Debenture stock created by trading

companies differs in various particulars from debenture stock created by

public companies governed by the Companies Clauses Act. The debenture

stock of trading companies is created by a contract made between the

company and trustees for the debenture-stockholders. This contract is

known as a debenture-stockholders' trust deed, and is analogous in its

provisions to the trust deed above described as used to secure

debentures. By such a deed the company acknowledges its indebtedness to

the trustees, as representing the debenture-stockholders, to the amount

of the sum advanced, covenants to pay it, and conveys the property by

way of security to the trustees with all the requisite powers and

provisions for enabling them to enforce the security on default in

payment of interest by the company or on the happening of certain

specified events evidencing insolvency. The company further, in

pursuance of the contract, enters the names of the subsisting

stockholders in a register, and issues certificates for the amount of

their respective holdings. These certificates have, like debentures, the

conditions of the security indorsed on their back. Debenture stock is

also issued to bearer. A deed securing debenture stock requires an _ad

valorem_ stamp.

_Debenture Scrip._--Debentures and debenture stock are usually made

payable in instalments, for example 10% on application, 10% on allotment

and the remainder at intervals of a few months. Until these payments are

complete the securities are not issued, but to enable the subscriber to

deal with his security pending completion the company issues to him an

interim scrip certificate acknowledging his title and exchangeable on

payment of the remaining instalments for debentures or debenture stock

certificates. If a subscriber for debentures made default in payment the

company could not compel him specifically to perform his contract, the

theory of law being that the company could get the loan elsewhere, but

this inconvenience is now removed (see S 105 of the Companies Act 1908).

_Remedies._--When debenture-holders' security becomes enforceable there

are a variety of remedies open to them. These fall into two classes--(1)

remedies available without the aid of the court; (2) remedies available

only with the aid of the court.

1. If there is a trust deed, the trustees may appoint a receiver of the

property comprised in the security, and they may also sell under the

powers contained in the deed, or under S 25 of the Conveyancing Act

1881. Sometimes, where there is no trust deed, similar powers--to

appoint a receiver and to sell--are inserted in the conditions indorsed

on the debentures.

2. The remedies with the aid of the court are--(a) an action by one or

more debenture-holders on behalf of all for a receiver and to realize

the security; (b) an originating summons for sale or other relief, under

Rules of Supreme Court, 1883, O. lv. r. 5A; (c) an action for

foreclosure where the security is deficient (all the debenture-holders

must be parties to this proceeding); (d) a winding-up petition. Of these

modes of proceeding, the first is by far the most common and most

convenient. Immediately on the issue of the writ in the action the

plaintiff applies for the appointment of a receiver to protect the

security, or if the security comprises a going business, a receiver _and

manager_. In due course the action comes on for judgment, usually on

agreed minutes, when the court directs accounts and inquiries as to who

are the holders of the debentures, what is due to them, what property is

comprised in the security, and gives leave to any of the parties to

apply in chambers for a sale. If the company has gone into liquidation,

leave must be obtained to commence or continue the action, but such

leave in the case of debenture-holders is _ex debito justitiae_. A

debenture-holder action when the company is in winding up is always now

transferred to the judge having the control of the winding-up

proceedings. The administration of a company's assets in such actions by

debenture-holders (debenture-holders' liquidations, as they are called)

has of late encroached very much on the ordinary administration of

winding up, and it cannot be denied that great hardship is often

inflicted by the floating security on the company's unsecured creditors,

who find that everything belonging to the company, uncalled capital

included, has been pledged to the debenture-holders. The conventional

answer is that such creditors might and ought to have inspected the

company's register of mortgages and charges. The matter was fully

considered by the departmental board of trade committee which reported

in July 1906, but the committee, looking at the business convenience of

the floating charge, saw no reason for recommending an alteration in the

law.

_Reconstruction._--When a company reconstructs, as it often does in

these days, the rights of debenture-holders have to be provided for.

Reconstructions are mainly of two kinds--(1) by arrangement, under the

Joint Stock Companies Arrangement Act 1870, amended in 1900 and 1907,

incorporated in act of 1908 (S 120), and (2) by sale and transfer of

assets, either under S 192 of the act of 1908, or under a power in the

company's memorandum of association. By the procedure provided under (1)

a petition for the sanction of the court to a scheme is presented, and

the court thereupon directs meetings of creditors, including

debenture-holders, to be held. A three-fourths majority in value of

debenture-holders present at the meeting in person or by proxy binds the

rest. Debenture-holders claiming to vote must produce their debentures

at or before the meeting. Under the other mode of reconstruction--sale

and transfer of assets--there is usually a novation, and the

debenture-holders accept the security of the new company in the shape of

debentures of equivalent value or--occasionally--of fully paid

preference shares.

A point in this connexion, which involves some hardship to

debenture-holders, may here be adverted to. It is a not uncommon

practice for a solvent company to pass a resolution to wind up

voluntarily for the purpose of reconstructing. The effect of this is to

accelerate payment of the security, and the debenture-holders have to

accept their principal and interest only, parting with a good security

and perhaps a premium which would have accrued to them in a year or two.

The company is thus enabled by its own act to redeem the reluctant

debenture-holder on terms most advantageous to itself. To obviate this

hardship, it is now a usual thing in a debenture-holders' trust deed to

provide--the committee of the London Stock Exchange indeed require

it--that a premium shall be paid to the debenture-holders in the event

of the security becoming enforceable by a voluntary winding up with a

view to reconstruction.

_Public Companies._--Public companies, i.e. companies incorporated by

special act of parliament for carrying on undertakings of public utility,

form a class distinct from trading companies. The borrowing powers of

these companies, the form of their debenture or debenture stock, and the

rights of the debenture-holders or debenture-stockholders, depend on the

conjoint operation of the companies' own special act and the Companies

Clauses Acts 1845, 1863 and 1869. The provisions of these acts as to

borrowing, being express, exclude any implicit power of borrowing. The

first two of the above acts relate to mortgages and bonds, the last to

debenture stock. The policy of the legislature in all these acts is the

same, namely, to give the greatest facilities for borrowing, and at the

same time to take care that undertakings of public utility which have

received legislative sanction shall not be broken up or destroyed, as

they would be if the mortgagees or debenture-holders were allowed the

ordinary rights of mortgagees for realizing their security by seizure and

sale. Hence the legislature has given them only "the fruit of the tree,"

as Lord Cairns expressed it. The debenture-holders or the

debenture-stockholders may take the earnings of the company's undertaking

by obtaining the appointment of a receiver, but that is all they can do.

They cannot sell the undertaking or disorganize it by levying execution,

so long as the company is a going concern; but this protecting principle

of public policy will not be a bar to a debenture-holder, in his

character of creditor, presenting a petition to wind up the company, if

it is no longer able to fulfil its statutory objects. Railway companies

have further special legislation, which will be found in the Railway

Companies Powers Act 1864, the Railways Construction Facilities Act 1864

and the Railway Securities Act 1866.

_Municipal Corporations and County Councils._--These bodies are

authorized to borrow for their proper purposes on debentures and

debenture stock with the sanction of the Local Government Board. See the

Municipal Corporations Act 1882, the Local Authorities' Loans Act 1875,

and the Local Government (England and Wales) Act 1888.

_United States._--In the United States there are two meanings of

debenture--(1) a bond not secured by mortgage; (2) a certificate that

the United States is indebted to a certain person or his assigns in a

certain sum on an audited account, or that it will refund a certain sum

paid for duties on imported goods, in case they are subsequently

exported.

AUTHORITIES.--E. Manson, _Debentures and Debenture Stock_ (London, 2nd

ed., 1908); Simonson, _Debentures and Debenture Stock_ (London, 2nd

ed., 1902); Palmer, _Company Precedents (Debentures)_ (3rd ed.,

London, 1907). (E. Ma.)

DEBORAH (Heb. for "bee"), the Israelite heroine in the Bible through

whose encouragement the Hebrews defeated the Canaanites under Sisera.

The account is preserved in Judges iv.-v., and the ode of victory (chap.

v.), known as the "Song of Deborah," is held to be one of the oldest

surviving specimens of Hebrew literature. Although the text of this _Te

Deum_ has suffered (especially in vv. 8-15) its value is without an

equal for its historical contents. It is not certain that the poem was

actually composed by Deborah (v. 1); ver. 7, which can be rendered

"until _thou_ didst arise, O Deborah," is indecisive. The poem consists

of a series of rapidly shifting scenes; the words are often obscure, but

the general drift of the whole can be easily followed. After the

exordium, the writer describes the approach of Yahweh from his seats in

Seir and Edom in the south to the help of his people--the language is

reminiscent of Ps. lxviii. 7 sqq., Hab. iii. 3 seq. 12 seq. In the days

of Shamgar the son of Anath the land had been insecure, the people were

disarmed, and neither shield nor spear was to be seen among their forty

thousand (cf. 1 Sam. xiii. 19-22, and for the number Josh. iv. 13). Then

follows, apparently, a summons to magnify Yahweh. After an apostrophe to

Deborah and Barak, the son of Abinoam, the meeting of the clans is

vividly portrayed. Ephraim, with Benjamin behind him (for the wording,

cf. Hos. v. 8), Machir (here the tribe of Manasseh) and Zebulun,

Issachar and Naphtali, pour down into the valley of the Kishon. Not all

the tribes were represented. Reuben was wavering, Gilead (i.e. Gad)

remained beyond the Jordan, and Dan's interests were apparently with the

sea-going Phoenicians (see DAN); their conduct is contrasted with the

reckless bravery of Zebulun and Naphtali. Judah is nowhere mentioned; it

lay outside the confederation. The Canaanite kings unite at Taanach by

Megiddo, an ancient battlefield probably to be identified with Lejjun.

The heavens joined the fight against Sisera (cf. the appeal in Josh. x.

12 seq.), a storm rages, and the enemy are swept away in the flood.

Meroz, presumably on the line of flight, is bitterly cursed for its

inaction: "they came not to the help of Yahweh." In vivid contrast to

this is the conduct of one of the Kenites: "blessed of all women is

Jael, of all the nomad women is she blessed." The poem recounts how the

fleeing king craves water, she gives him milk, and (as he drinks) she

fells him (perhaps with a tent-peg); "at her feet he sank down, he fell,

he lay, where he sank he lay overcome." The last scene paints the mother

of Sisera impatiently awaiting the king. Her attendants confidently

picture him dividing the booty--a maiden or two for each man, and richly

embroidered cloth for himself. With inimitable strength the poet

suddenly drops the curtain--"so perish thine enemies, all of them,

Yahweh! But let them that love him be as the sun when it rises in its

might."

The historical background of this great event is unknown. The Israelite

confederation consists of central Palestine with the (east-Jordanic)

Machir, and the northern tribes with the exception of Dan and Asher.

This has suggested to some an invasion from the coast, or from the north

by way of the coast, since had Dan and Asher fallen into the hands of

the enemy, this would probably have been referred to in some way. Sisera

is scarcely a Semitic name; a "Hittite" origin has been suggested.[1]

Shamgar son of Anath seems equally foreign; the latter is the name of a

Syrian goddess and the former recalls Sangara, a Hittite chief of

Carchemish in the 9th century. The context suggests that Shamgar is a

foreign oppressor (ver. 6), but he appears to have been converted

subsequently into one of the "judges" of Israel (iii. 31), perhaps with

the idea of bringing their total up to twelve.

The prose version (iv.) contains new and conflicting details. Deborah,

whose home is placed under "Deborah's palm" between Ramah and Bethel,

summons Barak from Kadesh-Naphtali to collect Naphtali and Zebulun,

10,000 strong, and to meet Sisera (who is here the general of a certain

Jabin, king of Hazor) at Mt. Tabor. But Sisera marches south to Kishon,

and after his defeat flees north through Israelite territory, past Hazor

to the neighbourhood of Kadesh. His death, moreover, is differently

described (iv. 21, v. 25-27), and Jael "who with inhospitable guile

smote Sisera sleeping" (Milton) is guilty of an act which has possibly

originated from a misunderstanding of the poem. In the prose narrative

Jabin has nothing to do with the fight, whereas in Josh. xi. he is at

the head of an alliance of north Canaanite kings who were defeated by

Joshua at the waters of Merom. It would seem that certain elements which

are inconsistent with the representation in Judg. v. belonged originally

to the other battle. Kadesh, for example, might be a natural

meeting-place for an attack upon Hazor, and the designation "Jabin's

general," applied to Sisera, is probably due to the attempt to harmonize

the two distinct stories. Moreover, Deborah, who is associated with the

tribe of Issachar (v. 15), appears to have been confused with Rebekah's

nurse, whose tomb lay near Bethel (Gen. xxxv. 5). Some more northerly

place seems to be required, and it has been pointed out that the name

corresponds with Daberath (modern Daburiyeh) at the foot of Tabor, on

the border of Zebulun and Issachar. At all events, to represent her as a

prophetess, judging the people of Israel (iv. 4 seq.), ill accords with

both the older account (v.) and the general situation reflected in the

earlier narratives in the book of Judges.

For fuller details see G. A. Cooke, _History and Song of Deborah_

(1892), the commentaries on Judges and the histories of Israel.

Cheyne, _Critica Biblica_, pp. 446-464, offers many new textual

emendations. Paton (_Syria and Palestine_, p. 158 sqq.) suggests that

the battle was against the Hittites (Sisera, a successor of Shamgar).

See also L. W. Batten, J_ourn. Bibl. Lit._ (1905) pp. 31-40 (who

regards Judg. v. and Josh. xi. as duplicates); Winckler, _Gesch.

Israels_, ii. 125-155; _Keilinschr. u. d. Alte Test._(^3) p. 218; and

Ed. Meyer, _Israeliten_, pp. 272 sqq., 487 sqq. (S. A. C.)