## The Project Gutenberg eBook of The genuine tryal of Dr. Nosmoth, a physician in Pekin

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.

Title: The genuine tryal of Dr. Nosmoth, a physician in Pekin

For the murder of the Mandarin Tonwin, treasurer to the army of the emperor of China, before the great council of Mandarines

Author: Anonymous

Release date: April 12, 2025 [eBook #75845]

Language: English

Original publication: London: M. Cooper, 1746

Credits: Matthew Everett and the Online Distributed Proofreading Team at https://www.pgdp.net (This file was produced from images generously made available by The Internet Archive)

*** START OF THE PROJECT GUTENBERG EBOOK THE GENUINE TRYAL OF DR. NOSMOTH, A PHYSICIAN IN PEKIN ***

1

# THE GENUINE
TRYAL
OF
Dr. NOSMOTH,
A
Physician in Pekin;

FOR

The Murder of the MANDARIN
Tonwin, Treasurer to the Army of
the Emperor of China, before the great
Council of Mandarines.

TAKEN
In short Hand by the LINGUIST of the
English Factory.

LONDON:
Printed for M. Cooper, at the Globe in
Pater-noster-Row. 1746.
(Price Six-Pence.)

5

## THE
INTRODUCTION.

Before we enter upon this remarkable Tryal, it will not be improper to inform the Reader of some Customs amongst the Chinese, which differ from those in other Countries of Europe.

Those People are great Encouragers of all useful Learning; which they endeavour on all Occasions, to turn to the Benefit of the publick in general, and the Ease and 6Happiness of every individual Subject in that vast Empire.

There are publick Schools in all the Provinces and great Cities of the Empire, for the Education of Youth in the liberal as well as mechanick Arts; where the Genius of the Children are carefully studied and improved in those Arts to which Nature seems to have given them the strongest Bent without consulting the Whim or Pride of the Parents; by this means, it’s no rare thing to see the Son of a Nobleman drudging at the meanest Handicraft; and that of a Peasant shining in the highest Orb of Life.

Birth, Title, or Riches, give amongst these people no Claim to the smallest Preferment; Merit only recommends the Man to Encouragement in that Sphere of Life, to which his natural Genius has fitted him.

When a vacancy in any of the Offices happens, the Candidates are chosen out of the publick Schools; and the Person fittest for the Employment always is chosen, without Respect of Persons.

7In this Country, the Physician is a very considerable Office; not only in the Emperor’s Court, but in that of all the Mandarines or great Governors and Officers of State.

Before any Man is preferr’d to the Office of Physician, either to the Sovereign or to any of his great Men, he undergoes a strict and impartial Examination, as to his Knowledge of the Theory and Practice of Physick, as well as of the other Branches of Learning, which are necessary to compleat the wise Physician.

The Examiners are not those of his own Profession; but the Great Council of Mandarines; who are Men who have been found universally qualified in all the Branches of humane Literature, before they were admitted to be of this Council; which is the supream Council of the Empire, and some what resembles our House of Peers, only they seem to be vested with much higher Powers.

8When the Person so examin’d is found qualified, he has a Certificate sign’d by the President of the Court, which empowers him to practice, as a Doctor under the Regulations which are prescribed by it; from whence, he must deviate, upon no Account under the Pain of Death.

The Physicians, are held in great Esteem and Veneration; are there modest in their Behaviour; of strict morals, and universal Benevolence, most of them observe as great a Chastity of Manners, as the Clergy; and value themselves upon their Piety and the Veneration of the Gods, whose Worship they think it is the Duty of their Function to propagate, as much as if they were daily at the Altar: They are Men of good Nature and Humanity, and abound in Acts of Benificence and Charity; Opportunities to exercise which, they covet as much as Employment in their Profession: They dare not refuse to attend the meanest Person who calls for their Assistance; and if a Beggar, send for a Physician, before a Mandarin, he must go to the Beggar, tho’ 9the Mandarin should be in never so much Want of him; and the good natured Man, not only assists his Patient with his Counsel, but supplys his Wants.

When the Physician, attends on a Patient, he enters upon a Book his Case, with every minute Circumstance relating to the Distemper; together with the Medicines administred and their Effects during the whole Process; whether the Patient dies or Lives, this Book, he is obliged to return within a limited Time, to an Office kept for that Purpose. If he upon any Occasion falsifies the Case, or has gone out of the ordinary, Course of Practice, if any Accident happens to the Patient he is surely punished.

The Emperor’s Physicians are always put to Death when he dies; and those of other Persons, are try’d by the Court of Mandarines, upon Application of the Friends of the deceas’d, and put to death or otherwise punish’d according to the Nature of their Crime, from whence we may judge, that it is a 10very dangerous thing, to be of that Profession in this Country; however there are but few Instances where the Physicians of private Persons have been put to death; as a Pretence to the Knowledge of Physick, rashness or Impudence, will not in this Country, obtain a Diploma, none but Men of Merit are of the Faculty: These are obliged to make Conscience of their Business; and dare not venture to try Experiments; there are no Apothecary’s whose Interest the Doctor has Occasion to consider in the Recipe; he prepares the Medicine himself, and is too much interested in the Success, to give any more than he thinks necessary; the Officinals in their Dispensary, are so few, that you may write them all on a quarter of a Sheet of Paper; and he never makes a Bill for his Druggs? but is paid so much a Visit, whether he gives any Physick or not. Thus he is not under the least Temptation to make an Apothecarys Shop of his Patient’s Belly; but carefully watches Nature; and assists her when she is weak to the best of his Skill; but leaves her to her self, when she is strong enough 11to bring about her Designs without his Aid.

Before the present Tryal, there had not been one at Pekin, for near twenty Years; which made this make a considerable Noise through the whole Empire: The Patient happened to be the Mandarin Tonwin; a Man of great Authority, much esteemed and trusted by the Emperor; who had made him Treasurer to his Army; by whom he was not less loved than by the People in General; as he did Justice to the first, in their Pay, and promoted the Interest of the last to the utmost of his Power; he was a Friend to Mankind in General, but particularly to the virtuous, and thought that Day Ill-spent wherein he had not given them Proof of his Humanity and Bounty: The Death of this great Man, so universally esteemed, was somewhat sudden; and his Physician was blamed by some, tho’ not by the Mandarines nearest Friends; however, it was wispered about, that he had deviated from the Rules laid down by the great Council of Mandarines; and by 12the Malice of the Doctor’s Enemies, the Clamour became publick; in so much, that the great Council, ordered the Register of the Case to be inspected; and the Senescal was ordered to draw up an Accusation against the Doctor; with a Copy of which he was served and taken into Custody; and a Time appointed for a solemn Tryal before that High Tribunal.

People were variously affected with the Preparation for the Tryal; some thought the Doctor guilty; others thought him innocent; and this only the Effects of the secret Machinations of his Enemies: Those of his own Profession, for what Reason I am not able to learn, were his most open Enemies; and thought by all to be his secret Accusers; however, the Doctor seem’d not at all dismay’d; but hugg’d himself in reflecting on his own Innocence, which comforted him the more, that he had not the least Suspicion, that the high Tribunal, before which he was to be try’d, would mix any Partiality in their Sentence. 13I have taken Care to use as few Chinese Terms of Law as possible; and have chose such English Words, as seem’d to come nearest to the Meaning of the Original; and in order to make the whole more comprehensible to an English Reader, I have all along substituted some English Forms, where I could with Propriety, especially where they served to make the Tryal more Intelligible.

## THE
TRYAL, &c.

On the Day appointed for the Tryal, the great Council of Mandarins assembled in a great Hall, in the second Court of the King’s Palace, the President was seated on a Throne, under the Canopy 14of State; the Ensigns of his high Office being carried before him, and attended by twenty four Officers with drawn Sabres in their Hands, who stood round the Steps of the Throne; the rest of the Mandarins were ranged on each Hand of him in their Robes of Honour. Silence being commanded in the Name of the Emperor, the Prisoner was brought to the Bar, to which he approached by making three Obeysances, and then lay prostrate on his Face, till the President commanded him to rise; acquainting him, that he had nothing to fear but his own Guilt; for if that was not found in him, the Court would not only acquit him, but load him with new Honours; after a short Speech to this Purpose, Silence was again commanded, and the Mandarin Secretary, was ordered to read his Indictment; which was conceived in Words to this Effect.

You Nosmoth, Doctor of the Divine Science of Physick, stand indicted before this Sovereign Court, at the Suit of our 15Sovereign Lord the most High, mighty, and Puisant Emperor, Abdaer Emperor to the World, Lord of Vast Territories, Commander of Kings, and Beloved of the Sun, to whom all are Slaves &c. &c. For, that you not having the fear of the Mighty Gods before your Eyes, but being Instigated thereto, by the Suggestion of the Black Angel, who Commandeth the Burning Lake; and with malice in your Heart, and out of Envy and premedicated spite, to the Great Mandarin Tonwin Slave of our Great Emperor, and Treasurer of his Invincible Armies, Didst on the Sixth Day, of the Second Month, of the Year of our Empire, six thousand seven hundred and forty six, conspire and contrive the Death of the said Mandarin; that is on one or other of the Days of the said second Month; thou didst maliciously, with a certain Instrument made of Steel, called a Lancet, stab the said Mandarin in the right and left Arm, and didst take from him, a large Quantity of his Blood, to the amount of fifty seven Ounces; and likewise didst prevail with the said Mandarin, 16by false unreasonable, and scandalous Suggestions, to swallow certain Quantities unknown, of poisonous Drugs, for sixteen or seventeen Days together; and likewise caused during the said Space of Time, to be introduced into the Anus, (Anglice A——se,) of the said Mandarin, a certain Machine, call’d a Clister-Pipe, through which was squeezed a certain further Quantity of poisonous Drugs, into his Bowels; and contrary to the Duty of your Profession as a Physician, ordered the said Mandarin, then your Patient, to eat of Meats and Drinks, improper for his Condition, and neglected to administer such Medicines, as you knew by the Help of the great God Paphor,[A] would have restored him to Health; by all which your Acts of Malice, before-mentioned, you permitted the Angel of Death, to carry away the said Mandarin; by which Means our great Emperor, has lost a faithful Slave, the Empire an useful Member, and the distressed a great Protector; this 17is your Accusation, are you Guilty or not Guilty.

Council for the Prisoner.

My Lord President, before we, that have the Honour to be of Council for the Prisoner, can permit him to plead, we humbly beg Leave to offer some Reasons to the august Court, why an Indictment in this Case does not lye against our Client, we humbly apprehend, that the Consent of the Friends of the Deceased, ought to have been specified in the Indictment, since the great Mandarin, the Manner of whose Death is now in Question, is not of the Blood Royal; there never has been an Instance before, where a Physician has been tried, but upon the Application of the Friends of his Patient: This is introducing an unheard of Practice, and subjecting the Gentlemen of that Profession, to uncommon Hardships; who are already but too much at the Mercy of the designing and malicious: We have an Affidavit ready to read to your Lordships, sign’d by the nearest agnat of the deceas’d 18Lord; wherein they disclaim the Prosecution, and express their Satisfaction; both of the Skill and Integrity of our Client; therefore we hope this august Court will quash this Indictment.

Council for the Emperor.

My Lord, We are not a little surpriz’d to find the Council for the Prisoner, make such an extraordinary Motion; when they must certainly know, what gave Rise to this Tryal: The Prisoner at the Bar, in Conversation with some of his own Profession, found that they did not approve of his Method in this Particular; he was offended at their pretending to find Fault with his Practice; which he asserted he could justify; This produced a Dispute amongst them, in which he thought he was scandaliz’d, and brought his Complaint before this Court, for the Scandal: Your Lordships did not think fit to try the Cause upon that footing, but to come at the Bottom of the whole Affair, order’d the Emperor’s Seniscal to prosecute in this Manner.

19Thus the Tryal was at first brought on by the Doctor himself; which he now declines, why? because it’s not in the Shape he projected, which shews a more than ordinary Kind of Obstinacy in his Temper, an Ingredient very unfit to compose a Physician.

But my learned Brother is likewise mistaken in Point of Law; Tho’ we have not the Precedents he mentions; yet it’s founded on the Nature of Things: The august Emperor has an Interest in the Life of every Subject; and is in Reality in the Quality of Father to each of them; and often more a Parent than their own natural Fathers: Does he not in all other criminal Cases, prosecute without the Consent of the Party damag’d; why may he not then in this? Unless the Physicians claim a Priviledge not common to the rest of the Subjects of this Empire.

The Court, after a short Debate, overruled the Objection to the Indictment; 20and ordered the Prisoner to plead; he thereupon pleaded not guilty; and submitted to the Judgment of the Court.

Here the Court broke up and adjourned the farther hearing to next Day, when the learned Body being again assembled, in Court, and the President seated in the Formalites as before gave Orders for proceeding on the Tryal, which was accordingly done by the Council for the Emperor, who rising up opened the Case as follows.

Council for the Emperor.

My Lord, the Prosecutors for his Imperial Majesty, are so far from taking any rigorous Advantage of the learned Genman at the Bar, that they are resolved to try the Cause upon his own State of the Case now in the Mandarin Secretary’s Hand: They are to suppose, that he has according to his Duty, fairly stated the Symptoms of the Disease under which his Right Honourable Patient laboured; and that he has given a just Account of the 21Medicines he ordered to be administred in order to effectuate a Cure; and from this his own State of the Facts, we hope to convince this august Court, that the Doctor, has followed a Practice, quite different from those prescribed by your Lordships in similar Cases; apply’d Medicines improper for the Patient’s Distemper; and in every Circumstance, acted, as if he rather intended, to increase the Malady, than save his Patient’s Life; we shall make it appear, that the Doctor instead of assisting Nature, has endeavoured to convert the Order of Things, and obstructed her as much as lay in his Power; and we shall likewise make it appear beyond Conjecture, that the Method used with the Patient, during the Process of his Illness; hasten’d his End, much more than the Fever it self: Out of Respect to the Diploma issuing out of the Court, which entitled the learned Gentleman to practice the divine Science of Physick, we dare not attribute his Misconduct to Ignorance; Charity forbids us to suppose it Malice; and good Manners hinders 22us to use the Word Obstinacy; but to whatever Motive we may ascribe it the Facts are incontestable, and the Effects have been fatal to the noble Lord once an illustrious Member of this great Court.

Your Lordships, will observe from the Case, that a reumatick Fever, attended with Pains in the Limbs and a sore Throat, was the Disorder which afflicted the Mandarin Tonwin, and there never was during the seventeen Days which the Fever lasted, any thing else administred, to obtain a Cure; but Bleeding and Purging; how far that was proper in the Patients Circumstances, we shall very soon determine, we are to observe, that from the Beginning of the Doctors Attendance, the Patient shewed a great Disposition to sweat; especially in the Night-time, when it was sometimes according to the Doctors Report, to Excess. This My Lord, we look upon as an Attempt of Nature, to get rid of the malignant feverish Matter, which oppress’d her, by Means of Perspiration; and is by all Physicians, 23looked upon as the most common as well as the most natural Crisis of all feverish Disorders; it was my Lord the Doctors Duty, to have taken hold of this favourable Disposition of Nature, to have assisted her, by giving Medicines which would have provoked Perspiration: But he followed a quite different Course; he willfully obstructed the Grand Physician; instead of encouraging the Sweat, he made the Patient get out of Bed to avoid it; seem’d obstinately bent to obtain a Cure by nothing but purging and bleeding.

As to the purging, he alledges the Patient was costive; we admit he was; but does it follow from thence, that he must be purged for seventeen Days together: The harder the Patient was to work upon, the greater Reason the Doctor had to desist purging; especially using any Medicine that would inflame the Bowels, which Jallop certainly does; purging naturally weakens the strongest Constitution, without the Assistance of an acute Distemper; but how weak must 24that Patient be, who suffer’d the Weight of both, and another Evacuation as destructive of natural Strength as the other, viz. Bleeding. As to the Bleeding, the Doctor would insinuate from this Case, that he could not take too much Blood from the Patient, since notwithstanding the monstrous Quantity taken, the Vessels seemed overcharged, and it burst out at the Nostrils; but the Doctor is not aware that two Causes absolutely different, will produce the self same Effect as too great a Quantity of Blood may produce an Hemorrage; and too small a Quantity the same; in the one Case the Vessels are distended beyond their proper Tone, and in the other as much below it; which was certainly the Case of the honourable Patient unhappily the Subject of the present Debate; the Texture of the Blood and Vessels were broken by the vast Quantity taken away, and a Mortification of the Ulcers in the Throat naturally followed; as Nature had not sufficient Strength left, to stimulate the Blood, and keep it in its proper Motion; besides, the Regimen of 25Dyet prescribed by the Doctor, was quite preposterous; Milk is naturally hot, and as it is of the Nature of prepared Chyle, turns too soon to Aliment, to be proper in those Diseases, which require the Patient to be kept low; upon the whole your Lordship will be of Opinion, that Nature itself would have operated a Crisis, had she not been interrupted by the Doctor; and that the excessive Bleeding and Purging, only hastened the Approach of his Angel of Death; therefore we hope your Lordships will find the Prisoner guilty, in order to deter others from following their own Conceits, in Cases where the Life of a Subject is concerned.

Council for the Prisoner.

My Lord, the Charge against our learned Client, as open’d by my Brother the Attorney General, is of a very deep Nature; but I hope we shall convince this august Court, that the whole Prosecution is founded upon Malice, and has no other Foundation; but the Envy of some of the Doctors Brethren, who can not with any 26Patience, see any Reformation in their old Practice; they are Men so wedded to old antiquated Opinions, and superanuated Customs, that the strongest Reason cannot convince their Understandings, or the most glaring Truths, have any Influence upon their obstinate Minds, they are all a Parcel of old Women, who have learned a Sett of Notions from their Grandmothers, which they argue upon without Reason; and put in Practice necessarily on all Occasions, and are now so old, that like Children they cannot walk without Leading-strings.

Your Lordships are sensible, that its impossible to lay down any certain Rules for the Practice of Physick; they must differ as Constitutions, Times and Seasons, alter those Regulations, which might have been reasonable in the Days of our Grandfathers, are now out of Date; the Luxury of the present Age, the difference in Dyet, Exercise and Diversions of the present Generation, have produced a new Catalogue of Diseases, unknown to our Ancestors; 27and for which our antient Writers have not so much as dreamed of a Cure now; when the old Women of the Faculty meet with any such, they still persist in their old Recipes; and by that means killed thousands of his Majesty’s Subjects every Day with Impunity; and that out of Laziness, that they will not be at the Trouble to search for new Cures to new Cases; now our Client has been more indefatigable, he has found out not only a Cure more expeditious for our old Native Distempers; but one that will totally eradicate all our exotick Diseases with which this great Empire abounds; he does not mean to keep this great Catholicon a Secret, he is proud of having this Opportunity of divulging it to Mankind, for whose Benefit he has laboured till he is grown expert in the Profession; his Recipe is short and eazy, its only Bleed and Purge: He apprehends the Reasonableness of this Practice, is like a self-evident Truth in the Mathematicks; all Diseases flow from peccant Humours, being mix’d with the Mass of Blood, which are so closely united to it, that they cannot be discharged by Perspirations 28or other natural Secretions; but if you purge and bleed away all the Humours in the Body, we are sure none that are peccant will remain Quod erat Demonstrandum. This answers all Cases, all Circumstances, Times, Seasons and Climates, and is an Improvement in Physick, for which we hope our Client will be rewarded with a Statue instead of a H——r.

They have made a deal of Pother about Sweating, but is it not plain, that alone would not have served the Patient; when its well known that in Spite of all the Doctors Endeavours to hinder it, it increased immoderately, and yet produced no such wonderful Effects as they would attribute to it: Grant that Bleeding and Purging weakens; so does Sweating; our Client My Lord, apprehends, that if he had bled more plentifully, he would at least have got the better of the Fever some Days sooner than he did; the Patient might have died its true, but that would not have been his Fault if he had used the Means to disburthen him of 29his Blood, where the Malady lay; therefore we hope the Court will acquit the Prisoner.

Its not the Custom in that Country for the Judge to give a Charge as there is no Jury, but the Prisoner was ordered to withdraw, and in a little Time he was called back and acquainted with his Sentence, which we must beg of the Publick to excuse us from publishing.

FINIS.

## Footnotes

A. The God of Physick amongst the Chinese.

Transcriber’s Notes

- The following issues should be noted, along with the resolution:

  11 | it was wispered about, that he had | sic: wispered
  12 | before which he was [he was] to be try’d, | Removed.
  13 | especially w[h]ere they served to make the | Added.
  14 | S[c]ience of Physick, stand indicted before | Added.
  15 | Instigated thereto, by the Sug[g]estion | Added.
  17 | sign’d by the nearest agnat of the deceas’d | sic: agnat
  20 | rigorous Advantage of the learned Genman | sic: Genman
  21 | as if he rather inten[d]ed, to increase the | Added.
  21 | practice the divine Science of Ph[i/y]sick, | Replaced.

*** END OF THE PROJECT GUTENBERG EBOOK THE GENUINE TRYAL OF DR. NOSMOTH, A PHYSICIAN IN PEKIN ***
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.
Section 3. Information about the Project Gutenberg Literary Archive Foundation
The Project Gutenberg Literary Archive Foundation is a non-profit 501(c)(3) educational corporation organized under the laws of the state of Mississippi and granted tax exempt status by the Internal Revenue Service. The Foundation’s EIN or federal tax identification number is 64-6221541. Contributions to the Project Gutenberg Literary Archive Foundation are tax deductible to the full extent permitted by U.S. federal laws and your state’s laws.
The Foundation’s business office is located at 809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887. Email contact links and up to date contact information can be found at the Foundation’s website and official page at www.gutenberg.org/contact
Section 4. Information about Donations to the Project Gutenberg Literary Archive Foundation
Project Gutenberg™ depends upon and cannot survive without widespread public support and donations to carry out its mission of increasing the number of public domain and licensed works that can be freely distributed in machine-readable form accessible by the widest array of equipment including outdated equipment. Many small donations ($1 to $5,000) are particularly important to maintaining tax exempt status with the IRS.
The Foundation is committed to complying with the laws regulating charities and charitable donations in all 50 states of the United States. Compliance requirements are not uniform and it takes a considerable effort, much paperwork and many fees to meet and keep up with these requirements. We do not solicit donations in locations where we have not received written confirmation of compliance. To SEND DONATIONS or determine the status of compliance for any particular state visit www.gutenberg.org/donate.
While we cannot and do not solicit contributions from states where we have not met the solicitation requirements, we know of no prohibition against accepting unsolicited donations from donors in such states who approach us with offers to donate.
International donations are gratefully accepted, but we cannot make any statements concerning tax treatment of donations received from outside the United States. U.S. laws alone swamp our small staff.
Please check the Project Gutenberg web pages for current donation methods and addresses. Donations are accepted in a number of other ways including checks, online payments and credit card donations. To donate, please visit: www.gutenberg.org/donate.
Section 5. General Information About Project Gutenberg™ electronic works
Professor Michael S. Hart was the originator of the Project Gutenberg™ concept of a library of electronic works that could be freely shared with anyone. For forty years, he produced and distributed Project Gutenberg™ eBooks with only a loose network of volunteer support.
Project Gutenberg™ eBooks are often created from several printed editions, all of which are confirmed as not protected by copyright in the U.S. unless a copyright notice is included. Thus, we do not necessarily keep eBooks in compliance with any particular paper edition.
Most people start at our website which has the main PG search facility: www.gutenberg.org.
This website includes information about Project Gutenberg™, including how to make donations to the Project Gutenberg Literary Archive Foundation, how to help produce our new eBooks, and how to subscribe to our email newsletter to hear about new eBooks.