Beacon Lights of History, Vol 1: The Old Pagan Civilizations — Literary Genius, Part 3

* * * * * There is another field of prose composition in which the Greeks and Romans gained great distinction, and proved themselves equal to any nation of modern times,--that of eloquence.

It is true, we have not a rich collection of ancient speeches; but we have every reason to believe that both Greeks and Romans were most severely trained in the art of public speaking, and that forensic eloquence was highly prized and munificently rewarded.

It began with democratic institutions, and flourished as long as the People were a great power in the State; it declined whenever and wherever tyrants bore rule.

Eloquence and liberty flourish together; nor can there be eloquence where there is not freedom of debate.

In the fifth century before Christ--the first century of democracy--great orators arose, for without the power and the opportunity of defending himself against accusation no man could hold an ascendent position.

Socrates insisted upon the gift of oratory for a general in the army as well as for a leader in political life.

In Athens the courts of justice were numerous, and those who could not defend themselves were obliged to secure the services of those who were trained in the use of public speaking.

Thus arose the lawyers, among whom eloquence was more in demand and more richly paid than in any other class.

Rhetoric became connected with dialectics, and in Greece, Sicily, and Italy both were extensively cultivated.

Empedocles was distinguished as much for rhetoric as for philosophy.

It was not, however, in the courts of law that eloquence displayed the greatest fire and passion, but in political assemblies.

These could only coexist with liberty; for a democracy is more favorable than an aristocracy to large assemblies of citizens.

In the Grecian republics eloquence as an art may be said to have been born.

It was nursed and fed by political agitation, by the strife of parties.

It arose from appeals to the people as a source of power: when the people were not cultivated, it addressed chiefly popular passions and prejudices; when they were enlightened, it addressed interests.

It was in Athens, where there existed the purest form of democratic institutions, that eloquence rose to the loftiest heights in the ancient world, so far as eloquence appeals to popular passions.

Pericles, the greatest statesman of Greece, 495 B. C.

, was celebrated for his eloquence, although no specimens remain to us.

It was conceded by the ancient authors that his oratory was of the highest kind, and the epithet of "Olympian" was given him, as carrying the weapons of Zeus upon his tongue.

His voice was sweet, and his utterance distinct and rapid.

Peisistratus was also famous for his eloquence, although he was a usurper and a tyrant.

Isocrates, 436 B. C.

, was a professed rhetorician, and endeavored to base his art upon sound moral principles, and rescue it from the influence of the Sophists.

He was the great teacher of the most eminent statesmen of his day.

Twenty-one of his orations have come down to us, and they are excessively polished and elaborated; but they were written to be read, they were not extemporary.

His language is the purest and most refined Attic dialect.

Lysias, 458 B. C.

, was a fertile writer of orations also, and he is reputed to have produced as many as four hundred and twenty-five; of these only thirty-five are extant.

They are characterized by peculiar gracefulness and elegance, which did not interfere with strength.

So able were these orations that only two were unsuccessful.

They were so pure that they were regarded as the best canon of the Attic idiom.

But all the orators of Greece--and Greece was the land of orators--gave way to Demosthenes, born 385 B. C.

He received a good education, and is said to have been instructed in philosophy by Plato and in eloquence by Isocrates; but it is more probable that he privately prepared himself for his brilliant career.

As soon as he attained his majority, he brought suits against the men whom his father had appointed his guardians, for their waste of property, and after two years was successful, conducting the prosecution himself.

It was not until the age of thirty that he appeared as a speaker in the public assembly on political matters, where he rapidly attained universal respect, and became one of the leading statesmen of Athens.

Henceforth he took an active part in every question that concerned the State.

He especially distinguished himself in his speeches against Macedonian aggrandizements, and his Philippics are perhaps the most brilliant of his orations.

But the cause which he advocated was unfortunate; the battle of Cheronaea, 338 B. C.

, put an end to the independence of Greece, and Philip of Macedon was all-powerful.

For this catastrophe Demosthenes was somewhat responsible, but as his motives were conceded to be pure and his patriotism lofty, he retained the confidence of his countrymen.

Accused by Aeschines, he delivered his famous Oration on the Crown.

Afterward, during the supremacy of Alexander, Demosthenes was again accused, and suffered exile.

Recalled from exile on the death of Alexander, he roused himself for the deliverance of Greece, without success; and hunted by his enemies he took poison in the sixty-third year of his age, having vainly contended for the freedom of his country,---one of the noblest spirits of antiquity, and lofty in his private life.

As an orator Demosthenes has not probably been equalled by any man of any country.

By his contemporaries he was regarded as faultless in this respect; and when it is remembered that he struggled against physical difficulties which in the early part of his career would have utterly discouraged any ordinary man, we feel that he deserves the highest commendation.

He never spoke without preparation, and most of his orations were severely elaborated.

He never trusted to the impulse of the occasion; he did not believe in extemporary eloquence any more than Daniel Webster, who said there is no such thing.

All the orations of Demosthenes exhibit him as a pure and noble patriot, and are full of the loftiest sentiments.

He was a great artist, and his oratorical successes were greatly owing to the arrangement of his speeches and the application of the strongest arguments in their proper places.

Added to this moral and intellectual superiority was the "magic power of his language, majestic and simple at the same time, rich yet not bombastic, strange and yet familiar, solemn and not too ornate, grave and yet pleasing, concise and yet fluent, sweet and yet impressive, which altogether carried away the minds of his hearers."

His orations were most highly prized by the ancients, who wrote innumerable commentaries on them, most of which are lost.

Sixty of the great productions of his genius have come down to us.

Demosthenes, like other orators, first became known as the composer of speeches for litigants; but his fame was based on the orations he pronounced in great political emergencies.

His rival was Aeschines, who was vastly inferior to Demosthenes, although bold, vigorous, and brilliant.

Indeed, the opinions of mankind for two thousand years have been unanimous in ascribing to Demosthenes the highest position as an orator among all the men of ancient and modern times.

David Hume says of him that "could his manner be copied, its success would be infallible over a modern audience."

Says Lord Brougham, "It is rapid harmony exactly adjusted to the sense.

It is vehement reasoning, without any appearance of art.

It is disdain, anger, boldness, freedom involved in a continual stream of argument; so that of all human productions his orations present to us the models which approach the nearest to perfection."

It is probable that the Romans were behind the Athenians in all the arts of rhetoric; yet in the days of the republic celebrated orators arose among the lawyers and politicians.

It was in forensic eloquence that Latin prose first appeared as a cultivated language; for the forum was to the Romans what libraries are to us.

The art of public speaking in Rome was early developed.

Cato, Laelius, Carbo, and the Gracchi are said to have been majestic and harmonious in speech, yet excelled by Antonius, Crassus, Cotta, Sulpitius, and Hortensius.

The last had a very brilliant career as an orator, though his orations were too florid to be read.

Caesar was also distinguished for his eloquence, its characteristics being force and purity.

"Coelius was noted for lofty sentiment, Brutus for philosophical wisdom, Calidius for a delicate and harmonious style, and Calvus for sententious force."

But all the Roman orators yielded to Cicero, as the Greeks did to Demosthenes.

These two men are always coupled together when allusion is made to eloquence.

They were pre-eminent in the ancient world, and have never been equalled in the modern.

Cicero, 106 B. C.

, was probably not equal to his great Grecian rival in vehemence, in force, in fiery argument which swept everything away before him, nor generally in original genius; but he was his superior in learning, in culture, and in breadth.

Cicero distinguished himself very early as an advocate, but his first great public effort was made in the prosecution of Verres for corruption.

Although Verres was defended by Hortensius and backed by the whole influence of the Metelli and other powerful families, Cicero gained his cause,--more fortunate than Burke in his prosecution of Warren Hastings, who also was sustained by powerful interests and families.

The speech on the Manilian Law, when Cicero appeared as a political orator, greatly contributed to his popularity.

I need not describe his memorable career,--his successive elections to all the highest offices of state, his detection of Catiline's conspiracy, his opposition to turbulent and ambitious partisans, his alienations and friendships, his brilliant career as a statesman, his misfortunes and sorrows, his exile and recall, his splendid services to the State, his greatness and his defects, his virtues and weaknesses, his triumphs and martyrdom.

These are foreign to my purpose.

No man of heathen antiquity is better known to us, and no man by pure genius ever won more glorious laurels.

His life and labors are immortal.

His virtues and services are embalmed in the heart of the world.

Few men ever performed greater literary labors, and in so many of its departments.

Next to Aristotle and Varro, Cicero was the most learned man of antiquity, but performed more varied labors than either, since he was not only great as a writer and speaker, but also as a statesman, being the most conspicuous man in Rome after Pompey and Caesar.

He may not have had the moral greatness of Socrates, nor the philosophical genius of Plato, nor the overpowering eloquence of Demosthenes, but he was a master of all the wisdom of antiquity.

Even civil law, the great science of the Romans, became interesting in his hands, and was divested of its dryness and technicality.

He popularized history, and paid honor to all art, even to the stage; he made the Romans conversant with the philosophy of Greece, and systematized the various speculations.

He may not have added to philosophy, but no Roman after him understood so well the practical bearing of all its various systems.

His glory is purely intellectual, and it was by sheer genius that he rose to his exalted position and influence.

But it was in forensic eloquence that Cicero was pre-eminent, in which he had but one equal in ancient times.

Roman eloquence culminated in him.

He composed about eighty orations, of which fifty-nine are preserved.

Some were delivered from the rostrum to the people, and some in the senate; some were mere philippics, as severe in denunciation as those of Demosthenes; some were laudatory; some were judicial; but all were severely logical, full of historical allusion, profound in philosophical wisdom, and pervaded with the spirit of patriotism.

Francis W. Newman, in his "Regal Rome," thus describes Cicero's eloquence:-- "He goes round and round his object, surveys it in every light, examines it in all its parts, retires and then advances, compares and contrasts it, illustrates, confirms, and enforces it, till the hearer feels ashamed of doubting a position which seems built on a foundation so strictly argumentative.

And having established his case, he opens upon his opponent a discharge of raillery so delicate and good-natured that it is impossible for the latter to maintain his ground against it; or, when the subject is too grave, he colors his exaggerations with all the bitterness of irony and vehemence of passion."

Critics have uniformly admired Cicero's style as peculiarly suited to the Latin language, which, being scanty and unmusical, requires more redundancy than the Greek.

The simplicity of the Attic writers would make Latin composition bald and tame.

To be perspicuous, the Latin must be full.

Thus Arnold thinks that what Tacitus gained in energy he lost in elegance and perspicuity.

But Cicero, dealing with a barren and unphilosophical language, enriched it with circumlocutions and metaphors, while he freed it of harsh and uncouth expressions, and thus became the greatest master of composition the world has seen.

He was a great artist, making use of his scanty materials to the best effect; he had absolute control over the resources of his vernacular tongue, and not only unrivalled skill in composition, but tact and judgment.

Thus he was generally successful, in spite of the venality and corruption of the times.

The courts of justice were the scenes of his earliest triumphs;

nor until he was praetor did he speak from the rostrum on mere political questions, as in reference to the Manilian and Agrarian laws.

It is in his political discourses that Cicero rises to the highest ranks.

In his speeches against Verres, Catiline, and Antony he kindles in his countrymen lofty feelings for the honor of his country, and abhorrence of tyranny and corruption.

Indeed, he hated bloodshed, injustice, and strife, and beheld the downfall of liberty with indescribable sorrow.

Thus in oratory as in history the ancients can boast of most illustrious examples, never even equalled.

Still, we cannot tell the comparative merits of the great classical orators of antiquity with the more distinguished of our times; indeed only Mirabeau, Pitt, Fox, Burke, Brougham, Webster, and Clay can even be compared with them.

In power of moving the people, some of our modern reformers and agitators may be mentioned favorably; but their harangues are comparatively tame when read.

In philosophy the Greeks and Romans distinguished themselves more even than in poetry, or history, or eloquence.

Their speculations pertained to the loftiest subjects that ever tasked the intellect of man.

But this great department has already been presented.

There were respectable writers in various other departments of literature, but no very great names whose writings have descended to us.

Contemporaries had an exalted opinion of Varro, who was considered the most learned of the Romans, as well as their most voluminous author.

He was born ten years before Cicero, and is highly commended by Augustine.

He was entirely devoted to literature, took no interest in passing events, and lived to a good old age.

Saint Augustine says of him that "he wrote so much that one wonders how he had time to read; and he read so much, we are astonished how he found time to write."

He composed four hundred and ninety books.

Of these only one has descended to us entire,--"De Re Rustica," written at the age of eighty; but it is the best treatise which has come down from antiquity on ancient agriculture.

We have parts of his other books, and we know of still others that have entirely perished which for their information would be invaluable, especially his "Divine Antiquities," in sixteen books,--his great work, from which Saint Augustine drew materials for his "City of God."

Varro wrote treatises on language, on the poets, on philosophy, on geography, and on various other subjects;

he also wrote satire and criticism.

But although his writings were learned, his style was so bad that the ages have failed to preserve him.

The truly immortal books are most valued for their artistic excellences.

No man, however great his genius, can afford to be dull.

Style is to written composition what delivery is to a public speaker.

The multitude do not go to hear the man of thoughts, but to hear the man of words, being repelled or attracted by _manner_.

Seneca was another great writer among the Romans, but he belongs to the domain of philosophy, although it is his ethical works which have given him immortality,--as may be truly said of Socrates and Epictetus, although they are usually classed among the philosophers.

Seneca was a Spaniard, born but a few years before the Christian era; he was a lawyer and a rhetorician, also a teacher and minister of Nero.

It was his misfortune to know one of the most detestable princes that ever scandalized humanity, and it is not to his credit to have accumulated in four years one of the largest fortunes in Rome while serving such a master; but since he lived to experience Nero's ingratitude, Seneca is more commonly regarded as a martyr.

Had he lived in the republican period, he would have been a great orator.

He wrote voluminously, on many subjects, and was devoted to a literary life.

He rejected the superstitions of his country, and looked upon the ritualism of religion as a mere fashion.

In his own belief he was a deist; but though he wrote fine ethical treatises, he dishonored his own virtues by a compliance with the vices of others.

He saw much of life, and died at fifty-three.

What is remarkable in Seneca's writings, which are clear but labored, is that under Pagan influences and imperial tyranny he should have presented such lofty moral truth; and it is a mark of almost transcendent talent that he should, unaided by Christianity, have soared so high in the realm of ethical inquiry.

Nor is it easy to find any modern author who has treated great questions in so attractive a way.

Quintilian is a Latin classic, and belongs to the class of rhetoricians.

He should have been mentioned among the orators, yet, like Lysias the Greek, Quintilian was a teacher of eloquence rather than an orator.

He was born 40 A. D.

, and taught the younger Pliny, also two nephews of Domitian, receiving a regular salary from the imperial treasury.

His great work is a complete system of rhetoric.

"Institutiones Oratoriae" is one of the clearest and fullest of all rhetorical manuals ever written in any language, although, as a literary production, it is inferior to the "De Oratore" of Cicero.

It is very practical and sensible, and a complete compendium of every topic likely to be useful in the education of an aspirant for the honors of eloquence.

In systematic arrangement it falls short of a similar work by Aristotle;

but it is celebrated for its sound judgment and keen discrimination, showing great reading and reflection.

Quintilian should be viewed as a critic rather than as a rhetorician, since he entered into the merits and defects of the great masters of Greek and Roman literature.

In his peculiar province he has had no superior.

Like Cicero or Demosthenes or Plato or Thucydides or Tacitus, Quintilian would be a great man if he lived in our times, and could proudly challenge the modern world to produce a better teacher than he in the art of public speaking.

There were other classical writers of immense fame, but they do not represent any particular class in the field of literature which can be compared with the modern.

I can only draw attention to Lucian,--a witty and voluminous Greek author, who lived in the reign of Commodus, and who wrote rhetorical, critical, and biographical works, and even romances which have given hints to modern authors.

His fame rests on his "Dialogues," intended to ridicule the heathen philosophy and religion, and which show him to have been one of the great masters of ancient satire and mockery.

His style of dialogue--a combination of Plato and Aristophanes--is not much used by modern writers, and his peculiar kind of ridicule is reserved now for the stage.

Yet he cannot be called a writer of comedy, like Molière.

He resembles Rabelais and Swift more than any other modern writers, having their indignant wit, indecent jokes, and pungent sarcasms.

Like Juvenal, Lucian paints the vices and follies of his time, and exposes the hypocrisy that reigns in the high places of fashion and power.

His dialogues have been imitated by Fontanelle and Lord Lyttleton, but these authors do not possess his humor or pungency.

Lucian does not grapple with great truths, but contents himself with ridiculing those who have proclaimed them, and in his cold cynicism depreciates human knowledge and all the great moral teachers of mankind.

He is even shallow and flippant upon Socrates; but he was well read in human nature, and superficially acquainted with all the learning of antiquity.

In wit and sarcasm he may be compared with Voltaire, and his object was the same,--to demolish and pull down without substituting anything instead.

His scepticism was universal, and extended to religion, to philosophy, and to everything venerated and ancient.

His purity of style was admired by Erasmus, and his works have been translated into most European languages.

In strong contrast to the "Dialogues" of Lucian is the "City of God" by Saint Augustine, in which he demolishes with keener ridicule all the gods of antiquity, but substitutes instead the knowledge of the true God.

Thus the Romans, as well as Greeks, produced works in all departments of literature that will bear comparison with the masterpieces of modern times.

And where would have been the literature of the early Church, or of the age of the Reformation, or of modern nations, had not the great original writers of Athens and Rome been our school-masters?

When we further remember that their glorious literature was created by native genius, without the aid of Christianity, we are filled with amazement, and may almost be excused if we deify the reason of man.

Nor, indeed, have greater triumphs of intellect been witnessed in these our Christian times than are produced among that class which is the least influenced by Christian ideas.

Some of the proudest trophies of genius have been won by infidels, or by men stigmatized as such.

Witness Voltaire, Rousseau, Diderot, Hegel, Fichte, Gibbon, Hume, Buckle.

May there not be the greatest practical infidelity with the most artistic beauty and native reach of thought?

Milton ascribes the most sublime intelligence to Satan and his angels on the point of rebellion against the majesty of Heaven.

A great genius may be kindled even by the fires of discontent and ambition, which may quicken the intellectual faculties while consuming the soul, and spread their devastating influence on the homes and hopes of man.

Since, then, we are assured that literature as well as art may flourish under Pagan influences, it seems certain that Christianity has a higher mission than the culture of the mind.

Religious scepticism cannot be disarmed if we appeal to Christianity as the test of intellectual culture.

The realm of reason has no fairer fields than those that are adorned by Pagan achievements.

* * * * * AUTHORITIES.

There are no better authorities than the classical authors themselves, and their works must be studied in order to comprehend the spirit of ancient literature.

Modern historians of Roman literature are merely critics, like Dalhmann, Schlegel, Niebuhr, Muller, Mommsen, Mure, Arnold, Dunlap, and Thompson.

Nor do I know of an exhaustive history of Roman literature in the English language; yet nearly every great writer has occasional criticisms upon the subject which are entitled to respect.

The Germans, in this department, have no equals.

*** END OF THE PROJECT GUTENBERG EBOOK BEACON LIGHTS OF HISTORY, VOLUME 01: THE OLD PAGAN CIVILIZATIONS *** Updated editions will replace the previous one—the old editions will be renamed.

Creating the works from print editions not protected by U. S.

copyright law means that no one owns a United States copyright in these works, so the Foundation (and you!

) can copy and distribute it in the United States without permission and without paying copyright royalties.

Special rules, set forth in the General Terms of Use part of this license, apply to copying and distributing Project Gutenberg™ electronic works to protect the PROJECT GUTENBERG™ concept and trademark.

Project Gutenberg is a registered trademark, and may not be used if you charge for an eBook, except by following the terms of the trademark license, including paying royalties for use of the Project Gutenberg trademark.

If you do not charge anything for copies of this eBook, complying with the trademark license is very easy.

You may use this eBook for nearly any purpose such as creation of derivative works, reports, performances and research.

Project Gutenberg eBooks may be modified and printed and given away—you may do practically ANYTHING in the United States with eBooks not protected by U. S.

copyright law.

Redistribution is subject to the trademark license, especially commercial redistribution.

START: FULL LICENSE

THE FULL PROJECT GUTENBERG™ LICENSE

PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK

To protect the Project Gutenberg™ mission of promoting the free distribution of electronic works, by using or distributing this work (or any other work associated in any way with the phrase “Project Gutenberg”), you agree to comply with all the terms of the Full Project Gutenberg License available with this file or online at www.

gutenberg.

org/license.

Section 1.

General Terms of Use and Redistributing Project Gutenberg electronic works 1. A.

By reading or using any part of this Project Gutenberg electronic work, you indicate that you have read, understand, agree to and accept all the terms of this license and intellectual property (trademark/copyright) agreement.

If you do not agree to abide by all the terms of this agreement, you must cease using and return or destroy all copies of Project Gutenberg electronic works in your possession.

If you paid a fee for obtaining a copy of or access to a Project Gutenberg electronic work and you do not agree to be bound by the terms of this agreement, you may obtain a refund from the person or entity to whom you paid the fee as set forth in paragraph 1. E.

8. 1. B.

“Project Gutenberg” is a registered trademark.

It may only be used on or associated in any way with an electronic work by people who agree to be bound by the terms of this agreement.

There are a few things that you can do with most Project Gutenberg electronic works even without complying with the full terms of this agreement.

See paragraph 1. C below.

There are a lot of things you can do with Project Gutenberg electronic works if you follow the terms of this agreement and help preserve free future access to Project Gutenberg electronic works.

See paragraph 1. E below.

1. C.

The Project Gutenberg Literary Archive Foundation (“the Foundation” or PGLAF), owns a compilation copyright in the collection of Project Gutenberg electronic works.

Nearly all the individual works in the collection are in the public domain in the United States.

If an individual work is unprotected by copyright law in the United States and you are located in the United States, we do not claim a right to prevent you from copying, distributing, performing, displaying or creating derivative works based on the work as long as all references to Project Gutenberg are removed.

Of course, we hope that you will support the Project Gutenberg mission of promoting free access to electronic works by freely sharing Project Gutenberg works in compliance with the terms of this agreement for keeping the Project Gutenberg name associated with the work.

You can easily comply with the terms of this agreement by keeping this work in the same format with its attached full Project Gutenberg License when you share it without charge with others.

1. D.

The copyright laws of the place where you are located also govern what you can do with this work.

Copyright laws in most countries are in a constant state of change.

If you are outside the United States, check the laws of your country in addition to the terms of this agreement before downloading, copying, displaying, performing, distributing or creating derivative works based on this work or any other Project Gutenberg work.

The Foundation makes no representations concerning the copyright status of any work in any country other than the United States.

1. E.

Unless you have removed all references to Project Gutenberg: 1. E.

1. The following sentence, with active links to, or other immediate access to, the full Project Gutenberg License must appear prominently whenever any copy of a Project Gutenberg work (any work on which the phrase “Project Gutenberg” appears, or with which the phrase “Project Gutenberg” is associated) is accessed, displayed, performed, viewed, copied or distributed: This eBook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever.

You may copy it, give it away or re-use it under the terms of the Project Gutenberg™ License included with this eBook or online at www.

gutenberg.

org.

If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook.

1. E.

2. If an individual Project Gutenberg electronic work is derived from texts not protected by U. S.

copyright law (does not contain a notice indicating that it is posted with permission of the copyright holder), the work can be copied and distributed to anyone in the United States without paying any fees or charges.

If you are redistributing or providing access to a work with the phrase “Project Gutenberg” associated with or appearing on the work, you must comply either with the requirements of paragraphs 1. E.

1 through 1. E.

7 or obtain permission for the use of the work and the Project Gutenberg trademark as set forth in paragraphs 1. E.

8 or 1. E.

9. 1. E.

3. If an individual Project Gutenberg electronic work is posted with the permission of the copyright holder, your use and distribution must comply with both paragraphs 1. E.

1 through 1. E.

7 and any additional terms imposed by the copyright holder.

Additional terms will be linked to the Project Gutenberg License for all works posted with the permission of the copyright holder found at the beginning of this work.

1. E.

4. Do not unlink or detach or remove the full Project Gutenberg License terms from this work, or any files containing a part of this work or any other work associated with Project Gutenberg.

1. E.

5. Do not copy, display, perform, distribute or redistribute this electronic work, or any part of this electronic work, without prominently displaying the sentence set forth in paragraph 1. E.

1 with active links or immediate access to the full terms of the Project Gutenberg License.

1. E.

6. You may convert to and distribute this work in any binary, compressed, marked up, nonproprietary or proprietary form, including any word processing or hypertext form.

However, if you provide access to or distribute copies of a Project Gutenberg work in a format other than “Plain Vanilla ASCII” or other format used in the official version posted on the official Project Gutenberg website (www.

gutenberg.

org), you must, at no additional cost, fee or expense to the user, provide a copy, a means of exporting a copy, or a means of obtaining a copy upon request, of the work in its original “Plain Vanilla ASCII” or other form.

Any alternate format must include the full Project Gutenberg License as specified in paragraph 1. E.

1. 1. E.

7. Do not charge a fee for access to, viewing, displaying, performing, copying or distributing any Project Gutenberg works unless you comply with paragraph 1. E.

8 or 1. E.

9. 1. E.

8. You may charge a reasonable fee for copies of or providing access to or distributing Project Gutenberg electronic works provided that: • You pay a royalty fee of 20% of the gross profits you derive from the use of Project Gutenberg works calculated using the method you already use to calculate your applicable taxes.

The fee is owed to the owner of the Project Gutenberg trademark, but he has agreed to donate royalties under this paragraph to the Project Gutenberg Literary Archive Foundation.

Royalty payments must be paid within 60 days following each date on which you prepare (or are legally required to prepare) your periodic tax returns.

Royalty payments should be clearly marked as such and sent to the Project Gutenberg Literary Archive Foundation at the address specified in Section 4, “Information about donations to the Project Gutenberg Literary Archive Foundation.

” • You provide a full refund of any money paid by a user who notifies you in writing (or by e-mail) within 30 days of receipt that s/he does not agree to the terms of the full Project Gutenberg™ License.

You must require such a user to return or destroy all copies of the works possessed in a physical medium and discontinue all use of and all access to other copies of Project Gutenberg™ works.

• You provide, in accordance with paragraph 1. F.

3, a full refund of any money paid for a work or a replacement copy, if a defect in the electronic work is discovered and reported to you within 90 days of receipt of the work.

• You comply with all other terms of this agreement for free distribution of Project Gutenberg™ works.

1. E.

9. If you wish to charge a fee or distribute a Project Gutenberg™ electronic work or group of works on different terms than are set forth in this agreement, you must obtain permission in writing from the Project Gutenberg Literary Archive Foundation, the manager of the Project Gutenberg™ trademark.

Contact the Foundation as set forth in Section 3 below.

1. F.

1. F.

1. Project Gutenberg volunteers and employees expend considerable effort to identify, do copyright research on, transcribe and proofread works not protected by U. S.

copyright law in creating the Project Gutenberg™ collection.

Despite these efforts, Project Gutenberg™ electronic works, and the medium on which they may be stored, may contain “Defects,” such as, but not limited to, incomplete, inaccurate or corrupt data, transcription errors, a copyright or other intellectual property infringement, a defective or damaged disk or other medium, a computer virus, or computer codes that damage or cannot be read by your equipment.

1. F.

2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the “Right of Replacement or Refund” described in paragraph 1. F.

3, the Project Gutenberg Literary Archive Foundation, the owner of the Project Gutenberg™ trademark, and any other party distributing a Project Gutenberg™ electronic work under this agreement, disclaim all liability to you for damages, costs and expenses, including legal fees.

YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT

LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE PROVIDED IN PARAGRAPH 1.

F.

3. YOU AGREE THAT THE FOUNDATION, THE

TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.

1. F.

3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a defect in this electronic work within 90 days of receiving it, you can receive a refund of the money (if any) you paid for it by sending a written explanation to the person you received the work from.

If you received the work on a physical medium, you must return the medium with your written explanation.

The person or entity that provided you with the defective work may elect to provide a replacement copy in lieu of a refund.

If you received the work electronically, the person or entity providing it to you may choose to give you a second opportunity to receive the work electronically in lieu of a refund.

If the second copy is also defective, you may demand a refund in writing without further opportunities to fix the problem.

1. F.

4. Except for the limited right of replacement or refund set forth in paragraph 1. F.

3, this work is provided to you ‘AS-IS’, WITH NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.

1. F.

5. Some states do not allow disclaimers of certain implied warranties or the exclusion or limitation of certain types of damages.

If any disclaimer or limitation set forth in this agreement violates the law of the state applicable to this agreement, the agreement shall be interpreted to make the maximum disclaimer or limitation permitted by the applicable state law.

The invalidity or unenforceability of any provision of this agreement shall not void the remaining provisions.

1. F.

6. INDEMNITY - You agree to indemnify and hold the Foundation, the trademark owner, any agent or employee of the Foundation, anyone providing copies of Project Gutenberg™ electronic works in accordance with this agreement, and any volunteers associated with the production, promotion and distribution of Project Gutenberg™ electronic works, harmless from all liability, costs and expenses, including legal fees, that arise directly or indirectly from any of the following which you do or cause to occur: (a) distribution of this or any Project Gutenberg work, (b) alteration, modification, or additions or deletions to any Project Gutenberg work, and (c) any Defect you cause.

Section 2.

Information about the Mission of Project Gutenberg Project Gutenberg is synonymous with the free distribution of electronic works in formats readable by the widest variety of computers including obsolete, old, middle-aged and new computers.

It exists because of the efforts of hundreds of volunteers and donations from people in all walks of life.

Volunteers and financial support to provide volunteers with the assistance they need are critical to reaching Project Gutenberg’s goals and ensuring that the Project Gutenberg collection will remain freely available for generations to come.

In 2001, the Project Gutenberg Literary Archive Foundation was created to provide a secure and permanent future for Project Gutenberg and future generations.

To learn more about the Project Gutenberg Literary Archive Foundation and how your efforts and donations can help, see Sections 3 and 4 and the Foundation information page at www.

gutenberg.

org.