text:
Raymond v. Thomas/Opinion of the Court

The facts in this case, as disclosed in the record, are somewhat involved and complicated. So far as it is necessary to consider them for the purposes of this opinion, they are not voluminous.

On the 25th of August, 1863, Mary Raymond bought from Thomas, the defendant in error, a small house and lot situated in Greenville, S.C., for which she gave him her note for $7,000, payable six months after the ratification of peace between the Confederates and the United States, or before, at her option, with annual interest from the first day of September, 1863. The premises were conveyed at the time of the sale, and the grantee gave back a mortgage to secure the payment of the note.

On the 28th of May, 1866, Thomas filed his bill in the Court of Common Pleas of Greenville County to foreclose the mortgage. The vendee answered. The case was heard in July, 1866, before Chancellor Johnson. The chancellor held that the note was intended by the parties to be payable in Confederate money; and that, in view of all the circumstances, the amount of principal equitably due upon it was $2,500. The case was referred to a master to compute the aggregate principal and interest due upon this basis. This decree, upon the appeal of Thomas, was affirmed by the Court of Errors of the State at its December Term, 1867. On the 25th of January, 1868, Chancellor Carrol, sitting in the Common Pleas, decreed that the amount due in conformity to the master's report was $3,265.62; that, unless that sum was paid as directed, the commissioner should sell the premises; and that, if the proceeds were insufficient to pay the debt and costs, the complainant might issue execution for the balance.

On the 28th of May following, General Canby issued an order whereby he annulled this decree. The order contains a slight error in the description of the decree; but the meaning of the order is clear. The discrepancy is, therefore, immaterial. On the 24th of December, 1868, the military order non obstante, the commissioner reported that he had sold the premises for $1,005. On the 2d of January, 1869, Mary Raymond filed her bill in the Court of Common Pleas of Charleston County, setting forth the facts above stated; and further, that the sheriff of that county was about to proceed to collect from her the balance still dut upon the decree, amounting to $2,653.26. She prayed that Thomas and all others be perpetually enjoined from further enforcing the decree. The court decreed accordingly. Subsequently Gaillard (the purchaser) and Thomas answered, and moved to dissolve the injunction. In July, 1869, this motion was overruled, and the injunction again ordered to be made perpetual. An appeal was taken to the Supreme Court of the State, but failed for want of prosecution.

In December, 1870, Thomas obtained leave to amend his original bill of foreclosure. He did so, setting forth, among other things, that the original defendant, Mary Raymond, had died, and that Henry H. Raymond had been appointed her executor, and making him a party. In due time he answered, denying that he was either executor or administrator of the deceased, and insisting that he was not bound to answer, and that no decree could be taken against him. He admitted that he was in possession of her estate, and averred that he was ready to pay all her just debts. The amended bill and this answer set forth other things not necessary to be repeated.

The case in this new aspect came on to be heard. It was decreed that the sale of the mortgaged premises be confirmed, that the purchaser have a writ of assistance to enable him to obtain possession, and that the complainant have leave to enter up a judgment against the defendant for the balance due him, and interest and costs, as before decreed. Raymond thereupon removed the case by appeal to the Supreme Court of the State. That court, as the April Term, 1873, affirmed the decree of the lower court. This writ of error was thereupon sued out by Raymond; and the judgment of the Supreme Court is thus brought before us for review.

Outside of the record, our attention has been called to an act of the legislature of South Carolina of the 2d of September 1868, touching certain military orders therein mentioned. The act does not embrace or affect the order of General Canby in question in this case.

Nothing more need be said in regard to the act.

The only point insisted upon here by the counsel for the plaintiff in error is the order of General Canby of the 2d of May, 1868, and its disregard by the Supreme Court of South Carolina in the judgment before us. The validity of the order is denied by the defendant in error. Our remarks will be confined to that subject.

The war between the United States and insurgents terminated in South Carolina, according to the judgment of this court, on the 2d of April, 1866. The Protector, 12 Wall. 701. The National Constitutive gives to Congress the power, among others, to declare war and suppress insurrection. The latter power is not limited to victories in the field and the dispersion of the insurgent forces. It carries with it inherently rightful authority to guard against an immediate renewal of the conflict, and to remedy the evils growing out of its rise and progress. Stewart v. Kahn, 11 Wall. 506.

The close of the war was followed by the period of reconstruction, and the laws enacted by Congress with a view to that result.

These laws are the acts of March 2, 1867 (14 Stat. 428), the act of July 19, 1867 (15 id. 14), and the act of June 25, 1868 (id. 73). The two acts first mentioned defined the powers and duties of the military officers placed in command in the several States lately in rebellion. The act of June 25, 1868, provided, among other things, that, whenever the legislature of South Carolina should ratify the Fourteenth Amendmant to the Constitution of the United States, she should be again admitted to representation in Congress; and that it should be the duty of the President, within ten days after receiving official information of the ratification, to issue a proclamation announcing the fact. Such a proclamation was issued on the 11th of July, 1868 (15 Stat. 704). This replaced the State in her normal relations to the Union. Nothing further was necessary, but the elections provided for (which speedily followed), to render her rehabilitation complete.

We have looked carefully through the acts of March 2, 1867, and July 19, 1867. They give very large governmental powers to the mitiary commanders designated, within the States committed espectively to their jurisdiction; but we have found nothing to warrant the order here in question. It was not an order for mere delay. It did not prescribe that the proceeding should stop until credit and confidence were restored, and business should resume its wonted channels. It wholly annulled a decree in equity regularly made by a completent judicial officer in a plain case clearly within his jurisdiction, and where there was no pretence of any unfairness, of any purpose to wrong or oppress, or of any indirection whatsoever.

The meaning of the legislature constitutes the law. A thing may be within the letter of a statute, but not within its meaning; and within its meaning, though not within its letter. Stewart v. Kahn, supra.

The clearest language would be necessary to satisfy us that Congress intended that the power given by these acts should be so exercised.

It was an arbitrary stretch of authority, needful to no good end that can be imagined. Whether Congress could have conferred the power to do such an act is a question we are not called upon to consider. It is an unbending rule of law, that the exercise of military power, where the rights of the citizen are concerned, shall never be pushed beyond what the exigency requires. Mitchell v. Harmony, 13 How. 115; Warden v. Bailey, 4 Taunt. 67; Fabrigas v. Moysten, 1 Cowp. 161; s. c., 1 Smith's L. C., pt. 2, p. 934. Viewing the subject before us from the stand-point indicated, we hold that the order was void.

This is the only Federal question presented for our consideration. As the Supreme Court of the State decided it correctly, our jurisdiction terminates at this point: we can look no farther into the case.

Judgment affirmed.

title: Raymond v. Thomas/Opinion of the Court


text: Talk:Raymond v. Thomas/Opinion of the Court

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Nichols Assignee v. Eaton

APPEAL from the Circuit Court of the United States for the District of Rhode Island.

The controversy in this case arises on the construction and legal effect of certain clauses in the will of Mrs. Sarah B. Eaton. At the time of her death, and at the date of her will, she had three sons and a daughter; being herself a widow, and possessed of large means of her own. By her will, she devised her estate, real and personal, to three trustees, upon trusts to pay the rents, profits, dividends, interest, and income of the trust-property to her four children equally, for and during their natural lives, and, after their decease, in trust for such of their children as shall attain the age of twenty-one, or shall die under that age having lawful issue living; subject to the condition, that if any of her children should die without leaving any child who should survive the testatrix and attain the age of twenty-one years, or die under that age leaving lawful issue living at his or her decease, then, as to the share or respective shares, as well original as accruing, of such child or children respectively, upon the trusts declared in said will concerning the other share or respective shares. The will also contained a provision, that if her said sons respectively should alienate or dispose of the income to which they were entitled under the trusts of the will, or if, by reason of bankruptcy or insolvency, or any other means whatsoever, said income could no longer, be personally enjoyed by them respectively, but the same would become vested in or payable to some other person, then the trust expressed in said will concerning so much thereof as would so vest should immediately cease and determine. In that case, during the residue of the life of such son, that part of the income of the trust-fund was to be paid to the wife and children, or wife or child, as the case might be, of such son; and, in default of any objects of the last-mentioned trust, the income was to accumulate in augmentation of the principal fund.

There is another proviso, which, as it is the main ground of the present litigation, is here given verbatim, as follows:--

'Provided also, that in case at any future period circumstances should exist, which, in the opinion of my said trustees, shall justify or render expedient the placing at the disposal of my said children respectively any portion of my said real and personal estate, then it shall be lawful for my said trustees, in their discretion, but without its being in any manner obligatory upon them, to transfer absolutely to my said children respectively, for his or her own proper use and benefit, any portion not exceeding one-half of the trust-fund from whence his or her share of the income under the preceding trusts shall arise; and, immediately upon such transfer being made, the trusts hereinbefore declared concerning so much of the trust-fund as shall be so transferred shall absolutely cease and determine; and in case after the cessation of said income as to my said sons respectively, otherwise than by death, as hereinbefore provided for, it shall be lawful for my said trustees, in their discretion, but without its being obligatory upon them, to pay to or apply for the use of my said sons respectively, or for the use of such of my said sons and his wife and family, so much and such part of the income to which my said sons respectively would have been entitled under the preceding trusts in case the forfeiture hereinbefore provided for had not happened.'

The daughter died soon after the mother, without issue, and unmarried. Amasa M. Eaton, one of the sons of the testatrix, failed in business, and made a general assignment of all his property to Charles A. Nichols for the benefit of his creditors, in March, 1867; and in December, 1868, was, on his own petition, declared a bankrupt, and said Nichols was duly appointed his assignee in bankruptcy. Said Amasa was then, and during the pendency of this suit, unmarried, and without children. He, William M. Bailey, and George B. Ruggles (a son of testatrix by a former husband), were the executors and trustees of the will.

It will be seen at once, that whether regard be had to the assignment before bankruptcy, or to the effect of the adjudication of bankruptcy, and the appointment of Nichols as assignee in that proceeding, one of the conditions had occurred on which the will of Mrs. Eaton had declared that the devise of a part of the income of the trust-estates to Amasa M. Eaton should cease and determine; and, as he had no wife or children in whom it could vest, it became, by the alternative provision of the will, a fund to accumulate until his death, or until he should have a wife or child who could take under the trust.

But Nichols, the assignee, construing the whole of the will together, and especially the proviso above given verbatim, to disclose a purpose, under cover of a discretionary power, to secure to her son the right to receive to his own use the share of the income to which he was entitled before the bankruptcy, in the same manner afterwards as if that event had not occurred, brought this bill against the said executors and trustees to subject that income to administration by him as assignee in bankruptcy for the benefit of the creditors.

Upon a final hearing the Circuit Court dismissed the bill, and Nichols appealed to this court.

Mr. Horatio Rogers and Mr. C. S. Bradley for the appellant.

The principles of the law do not permit a debtor to have the use and enjoyment of wealth to the exclusion of any rights of his creditors; and hence in the law of trusts, peculiarly and solely within the cognizance of courts of equity, contrivances for the enjoyment of property by a debtor, and for withholding it from his creditors, are against conscience, and void. Tillinghast v. Bradford, 5 R. I. 212; Brandon v. Robinson, 18 Ves. 429; Tud. Lead. Cas. (2d ed.) 862; Piercy v. Roberts, 1 M. & K. 4; Kearsley v. Woodcock, 3 Hare, 185; Wallace v. Anderson, 16 Beav. 533; Sharp v. Casserat, 20 id. 470; Carr v. Living, 28 id. 644; Watson's Comp. of Eq., vol. ii. 1149; Graves v. Dolphin, 1 Sim. 66; Green v. Spicer, 1 R. & My. 395; Younghusband v. Gisborne, 1 Coll. 400; Roper on Leg. (4th ed.) 794.

Confessedly no decided case has sustained the validity of a discretion in trustees to give to a bankrupt the entire equitable estate which he had prior to his bankruptcy. The doctrine of chancery plainly is, that attempts, through the so-called discretion of trustees, to secure that result, have ever been considered as fraudulent devices to continue the property in him after the law has taken away his capacity to retain it. Consequently, what remains unapplied belongs to the assignee. Green v. Spicer, 1 R. & Myl. 395; Piercy v. Roberts, 1 Myl. & Kee. 4; Snowden v. Dales, 6 Sim. 524; Rippon v. Norton, 2 Beav. 63; Kearsley v. Woodcock, 3 Hare, 185; Lord v. Bunn, 2 You. & Coll. 98; Davidson v. Chalmers, 33 Beav. 653.

Mr. Abraham Payne and Mr. Samuel Currey for the appellees.

It is clear that the assignee in bankruptcy can take only what was vested in the debtor at the date of filing his petition. 1 Benedict D. C. 407; In re Patterson, 6 Int. Rev. Rec. 157; Carleton v. Leighton, 3 Meriv. 667; Mitchell v. Winslow, 2 Story's C. C. 630; 1 Jarm. on Wills, 816; Hall v. Gill, 10 Gill & J. 325; In re Barret, 2 N. B. 165; Brown v. Heathcote, 1 Atk. 162; Mitford v. Mitford, 9 Ves. 100.

The question then is, whether, under the will of Mrs. Eaton, her son Amasa had, at the date of filing his petition in bankruptey, any vested interest in her estate which could pass to his assignee. There is no question, that, until his bankruptcy, he had an absolute right to one-fourth of the income of the trust-estate until the death of his sister, and after that time to one-third of such income, so long as he did not attempt to alienate or dispose of it. Upon the occurrence of either of these events, the will provides that the trust in his favor shall immediately cease and determine, and that thereafter the income should be devoted to other trusts.

Such provisions for the cesser of income upon alienation or upon the bankruptcy of the cestui que trust are unquestionably valid. Tillinghast v. Bradford, 5 R. I. 205; Dommett v. Bedford, 3 Ves. 149; Brandon v. Robinson, 18 id. 429; Joel v. Mills, 3 K. & J. 458; Rochford v. Hackman, 9 Hare, 475; Cooper v. Wyatt et als., 5 Madd. Ch. 297; 2 Story Eq., sect. 974; Rockford v. Hardeman, 10 Eng. L. & Eq. 67.

The powers under which the trustees must act in making payments are merely discretionary. They are expressly declared not to be imperative; and this is the distinction laid down in the books between them and trusts. 'Powers,' says Wilmot, C. J., 'are never imperative: they leave the acts to be done at the will of the party to whom they are given. Trusts are always imperative, and are obligatory upon the conscience of the party intrusted.' Attorney-General v. Downing, Wilm. 23. It is settled that the court will never exercise a mere discretionary power, either in the lifetime of the trustees, or upon their death, or refusal to act. Hill on Trustees, 486. Nor will it interfere to control the trustees acting bona fide in the exercise of their discretion. Id. 489; Lewin on Trusts, 538; Maddison v. Andrew, 1 Ves. 60; Boss v. Godsell, 1 Yo. & Col. 617.

Payments made by the trustees to Eaton in the exercise of these powers would be in the nature of after-acquired property, to which his assignee has no title. Any thing they may choose to give is as much a free gift as though it came from the bounty of an entire stranger.

MR. JUSTICE MILLER, after stating the case, delivered the opinion of the court.

title: Nichols Assignee v. Eaton


text: Talk:Nichols Assignee v. Eaton

title: Talk:Nichols Assignee v. Eaton


text:
Nichols Assignee v. Eaton/Opinion of the Court

The claim of the assignee is founded on the proposition, ably presented here by counsel, that a will which expresses a purpose to vest in a devisee either personal property, or the income of personal or real property, and secure to him its enjoyment free from liability for his debts, is void on grounds of public policy, as being in fraud of the rights of creditors; or as expressed by Lord Eldon in Brandon v. Robinson, 18 Ves. 433, 'If property is given to a man for his life, the donor cannot take away the incidents of a life-estate.'

There are two propositions to be considered as arising on the face of this will as applicable to the facts stated: 1. Does the true construction of the will bring it within that class of cases, the provisions of which on this point are void under the principle above stated? and 2. If so, is that principle to be the guide of a court of the United States sitting in chancery?

Taking for our guide the cases decided in the English courts, the doctrine of the case of Brandon v. Robinson seems to be pretty well established. It is equally well settled that a devise of the income of property, to cease on the insolvency or bankruptcy of the devisee, is good, and that the limitation is valid. Demmill v. Bedford, 3 Ves. 149; Brandon v. Robinson, 18 id. 429; Rockford v. Hackmen, 9 Hare; Lewin on Trusts, 80, ch. vii., sect. 2; Tillinghast v. Bradford, 5 R. I. 205.

If there had been no further provision in regard to the mater in this will than that on the bankruptcy or insolvency of the devisee, the trust as to him should cease and determine; or if there had been a simple provision, that, in such event, that part of the income of the estate should go to some specified person other than the bankrupt, there would be no difficulty in the case. But the first trust declared after the bankruptcy for this part of the income is in favor of the wife, child, or children of such bankrupt, and in such manner as said trustees in their discretion shall think proper. If the bankrupt devisee had a wife or child living to take under this branch, of the will, there does not seem to be any doubt that there would be nothing left which could go to his assignee in bankruptcy. The cases on this point are well considered in Lewin on Trusts, above cited; and the doctrine may be stated, that a direction that the trust to the first taker shall cease on his bankruptcy, and shall then go to his wife or children, is valid, and the entire interest passes to them; but that if the devise be to him and his wife or children, or if he is in any way to receive a vested interest, that interest, whatever it may be, may be separated from those of his wife or children, and be paid over to his assignee. Page v. Way, 3 Beav. 20; Perry v. Roberts, 1 Myl. & K. 4; Rippon v. Norton, 2 Beav. 63; Lord v. Bunn, 2 You. & Coll. Ch. 98. Where, however, the devise over is for the support of the bankrupt and his family, in such manner as the trustees may think proper, the weight of authority in England seems to be against the proposition that any thing is left to which the assignee can assert a valid claim. Twopenny v. Peyton, 10 Sim. 487; Godden v. Crowhurst, id. 642.

In the case before us, the trustees are authorized, in the event of the bankruptcy of one of the sons of testatrix without wife or children (which is the condition of the trust as to Amasa M. Eaton), to loan and reinvest that portion of the income of the estate in augmentation of the principal sum or capital of the estate until his decease, or until he shall have wife or children capable of receiving the trust of the testatrix forfeited by him.

There does not seem, thus far, any intention to secure or revest in the bankrupt any interest in the devise which he had forfeited; and there can be no doubt, that, but for the subsequent clauses of the will, there would be nothing in which the assignee could claim an interest. But there are the provisions, that the trustees may, at their discretion, transfer at any time to either of the devisees the half or any less proportion of the share of the fund itself which said devisee would be entitled to if the whole fund were to be equally distributed; and the further provision, that, after the cesser of income provided for in case of bankruptcy or other cause, it shall be lawful, but not obligatory on her said trustees, to pay to said bankrupt or insolvent son, or to apply for the use of his family, such and so much of said income as said son would have been entitled to in case the forfeiture had not happened.

It is strongly argued that these provisions are designed to evade the policy of the law already mentioned; that the discretion vested in the trustees is equivalent to a direction, and that it was well known it would be exercised in favor of the bankrupt.

The two cases of Twopenny v. Peyton and Godden v. Crowhurst, above cited from 10 Sim., seem to be in conflict with this doctrine; while the cases cited in appellant's brief go no farther than to hold, that when there is a right to support or maintenance in the bankrupt, or the bankrupt and his family, a right which he could enforce, then such interest, if it can be ascertained, goes to the assignee.

No case is cited, none is known to us, which goes so far as to hold that an absolute discretion in the trustee-a discretion which, by the express language of the will, he is under no obligation to exercise in favor of the bankrupt-confers such an interest on the latter, that he or his assignee in bankruptcy can successfully assert it in a court of equity or any other court.

As a proposition, then, unsupported by any adjudged case, it does not commend itself to our judgment on principle. Conceding to its fullest extent the doctrine of the English courts, their decisions are all founded on the proposition, that there is somewhere in the instrument which creates the trust a substantial right, a right which the appropriate court would enforce, left in the bankrupt after his insolvency, and after the cesser of the original and more absolute interest conferred by the earlier clauses of the will. This constitutes the dividing-line in the cases which are apparently in conflict. Applying this test to the will before us, it falls short, in our opinion, of conferring any such right on the bankrupt. Neither of the clauses of the provisos contain any thing more than a grant to the trustees of the purest discretion to exercise their power in favor of testatrix's sons. It would be a sufficient answer to any attempt on the part of the son in any court to enforce the exercise of that discretion in his favor, that the testatrix has in express terms said that such exercise of this discretion is not 'in any manner obligatory upon them,'-words repeated in both these clauses. To compel them to pay any of this income to a son after bankruptcy, or to his assignee, is to make a will for the testatrix which she never made; and to do it by a decree of a court is to substitute the discretion of the chancellor for the discretion of the trustees, in whom alone she reposed it. When trustees are in existence, and capable of acting, a court of equity will not interfere to control them in the exercise of a discretion vested in them by the instrument under which they act. Hill on Trustees, 486; Lewin on Trusts, 538; Boss v. Goodsall, 1 Younge Collier, 617; Maddison v. Andrew, 1 Ves. Sr. 60. And certainly they would not do so in violation of the wishes of the testator.

But, while we have thus attempted to show that Mrs. Eaton's will is valid in all its parts upon the extremest doctrine of the English Chancery Court, we do not wish to have it understood that we accept the limitations which that court has placed upon the power of testamentary disposition of property by its owner. We do not see, as implied in the remark of Lord Eldon, that the power of alienation is a necessary incident to a life-estate in real property, or that the rents and profits of real property and the interest and dividends of personal property may not be enjoyed by an individual without liability for his debts being attached as a necessery incident to such enjoyment. This doctrine is one which the English Chancery Court has ingrafted upon the common law for the benefit of creditors, and is comparatively of modern origin. We concede that there are limitations which public policy or general statutes impose upon all dispositions of property, such as those designed to prevent perpetuities and accumulations of real estate in corporations and ecclesiastical bodies. We also admit that there is a just and sound policy peculiarly appropriate to the jurisdiction of courts of equity to protect creditors against frauds upon their rights, whether they be actual or constructive frauds. But the doctrine, that the owner of property, in the free exercise of his will in disposing of it, cannot so dispose of it, but that the object of his bounty, who parts with nothing in return, must hold it subject to the debts due his creditors, though that may soon deprive him of all the benefits sought to be conferred by the testator's affection or generosity, is one which we are not prepared to announce as the doctrine of this court.

If the doctrine is to be sustained at all, it must rest exclusively on the rights in creditors. Whatever may be the extent of those rights in England, the policy of the States of this Union, as expressed both by their statutes and the decisions of their courts, has not been carried so far in that direction.

It is believed that every State in the Union has passed statutes by which a part of the property of the debtor is exempt from seizure on execution or other process of the courts; in short, is not by law liable to the payment of his debts. This exemption varies in its extent and nature in the different States. In some it extends only to the merest implements of household necessity; in others it includes the library of the professional man, however extensive, and the tools of the mechanic; and in many it embraces the homestead in which the family resides. This has come to be considered in this country as a wise, as it certainly may be called a settled, policy in all the States. To property so exempted the creditor has no right to look, and does not look, as a means of payment when his debt is created; and while this court has steadily held, under the constitutional provision against impairing the obligations of contracts by State laws, that such exemption laws, when first enacted, were invalid as to debts then in existence, it has always held, that, as to contracts made thereafter, the exemptions were valid.

This distinction is well founded in the sound and unanswerable reason, that the creditor is neither defrauded nor injured by the application of the law to his case, as he knows, when he parts with the consideration of his debt, that the property so exempt can never be made liable to its payment. Nothing is withdrawn from this liability which was ever subject to it, or to which he had a right to look for its discharge in payment. The analogy of this principle to the devise of the income from real and personal property for life seems perfect. In this country, all wills or other instruments creating such trust-estates are recorded in public offices, where they may be inspected by every one; and the law in such cases imputes notice to all persons concerned of all the facts which they might know by the inspection. When, therefore, it appears by the record of a will that the devisee holds this life-estate or income, dividends, or rents of real or personal property, payable to him alone, to the exclusion of the alienee or creditor, the latter knows, that, in creating a debt with such person, he had no right to look to that income as a means of discharging it. He is neither misled nor defrauded when the object of the testator is carried out by excluding him from any benefit of such a devise.

Nor do we see any reason, in the recognized nature and tenure of property and its transfer by will, why a testator who gives, who gives without any pecuniary return, who gets nothing of property value from the donee, may not attach to that gift the incident of continued use, of uninterrupted benefit of the gift, during the life of the donee. Why a parent, or one who loves another, and wishes to use his own property in securing the object of his affection, as far as property can do it, from the ills of life, the vicissitudes of fortune, and even his own improvidence, or incapacity for self-protection, should not be permitted to do so, is not readily perceived.

These views are well supported by adjudged cases in the State courts of the highest character.

In the case of Fisher v. Taylor, 2 Rawle, 33, a testator had directed his executors to purchase a tract of land, and take the title in their name in trust for his son, who was to have the rents, issues, and profits of it during his life, free from liability for any debts then or thereafter contracted by him. The Supreme Court of Pennsylvania held that this life-estate was not liable to execution for the debts of the son. 'A man,' says the court, 'may undoubtedly dispose of his land so as to secure to the object of his bounty, and to him exclusively, the annual profits. The mode in which he accomplishes such a purpose is by creating a trust-estate, explicitly designating the uses and defining the powers of the trustees. . . . Nor is such a provision contrary to the policy of the law or to any act of assembly. Creditors cannot complain because they are bound to know the foundation on which they extend their credit.'

In the subsequent case of Holdship v. Patterson, 7 Watts, 547, where the friends of a man made contributions by a written agreement to the support of himself and family, the court held that the instalments which they had promised to pay could not be diverted by his creditors to the payment of his debts; and Gibson, C. J., remarks, that 'the fruit of their bounty could not have been turned from its object by the defendant's creditors, had it been applicable by the terms of the trust to his personal maintenance; for a benefactor may certainly provide for the maintenance of a friend, without exposing his bounty to the debts or imprudence of the beneficiary.' In the same court, as late as 1864, it was held that a devise to a son of the rents and profits of an estate during his natural life, without being subject to his debts and liabilities, is a valid trust; and, the estate being vested in trustees, the son could not alienate. Shankland's Appeal, 47 Penn. St. 113.

The same proposition is either expressly or impliedly asserted by that court in the cases of Ashurst v. Given, 5 W. & S. 323; Brown v. Williamson, 36 Penn. St. 338; Still v. Spear, 45 id. 168.

In the case of Leavitt v. Bierne, 21 Conn. Waite, J., in delivering the opinion of the court, says, 'We think it in the power of a parent to place property in the hands of trustees for the benefit of a son and his wife and children, with full power in them to manage and apply it at their discretion, without any power in the son to interfere in that management, or in the disposition of it until it has actually been paid over to him by the trustees;' and he proceeds to argue in favor of the existence of this power, from the vicious habits or intemperate character of the son, and the right of the father to provide against these misfortunes.

In the case of Nickell et al. v. Handly et al., 10 Gratt. 336, the court thus expresses its view on the general question, though not, perhaps, strictly necessary to the judgment in that case: 'There is nothing in the nature or law of property which would prevent the testatrix, when about to die, from appropriating her property to the support of her poor and helpless relatives, according to the different conditions and wants of such relatives; nothing to prevent her from charging her property with the expense of food, raiment, and shelter for such relatives. There is nothing in law or reason which should prevent her from appointing an agent or trustee to administer her bounty.'

In the case of Pope's Executors v. Elliott & Co., 8 Ben. Monr. 56, the testator had directed his executors to pay for the support of Robert Pope the sum of $25 per month. Rebert Pope having been in the Rocky Mountains until the sum of $225 of these monthly payments had accumulated in the hands of the executors, his creditors filed a bill in chancery, accompanied by an attachment, to subject this fund to the payment of their debt.

The Court of Appeals of Kentucky say that it was the manifest intent of the testator to secure to Robert the means of support during his life to the extent of $25 per month, or $300 per year; and that this intent cannot be thwarted, either by Robert himself by assignment or alienation, or by his creditors seizing it for his debts, unless the provision is contrary to law or public policy. After an examination of the statutes of Kentucky and the general principles of equity jurisprudence on this subject, they hold that neither of these are invaded by the provision of the will.

The last case we shall refer to specially is that of Campbell v. Foster, 35 N. Y. Court of Appeals, 361.

In that case it is held, after elaborate consideration, that the interest of a beneficiary in a trust-fund, created by a person other than the debtor, cannot be reached by a creditor's bill; and, while the argument is largely based upon the special provision of the statute regulating the jurisdiction of the court in that class of cases, the result is placed with equal force of argument on the general doctrines of the Court of Chancery, and the right of the owner of property to give it such direction as he may choose without its being subject to the debts of those upon whom he intends to confer his bounty.

We are not called upon in this connection to say how far we would feel bound, in a case originating in a State where the doctrine of the English courts had been adopted so as to become a rule of property, if such a proposition could be predicated of a rule like this. Nor has the time which the pressure of business in this court authorizes us to devote to this case permitted any further examination into the decisions of the State courts. We have indicated our views in this matter rather to forestall the inference, that we recognize the doctrine relied on by appellants, and not much controverted by opposing counsel, than because we have felt it necessary to decide it, though the judgment of the court may rest equally well on either of the propositions which we have discussed. We think the decree of the court below may be satisfactorily affirmed on both of them.

Other objections have been urged by counsel; such as that the bankrupt is himself one of the trustees of the will, and will exercise his discretion favorably to himself. But there are two other trustees, and it requires their joint action to confer on him the benefits of this trust. It is said that one of them is mentally incompetent to act; but this is not established by the testimony. It is said also, that, since his bankruptcy, the defendant, Amasa, has actually received $25,000 of this fund; and that should go to the assignee, as it shows conclusively that the objections to the validity of the will were well founded.

But the conclusive answer to all these objections is, that, by the will of decedent,-a will which, as we have shown, she had a lawful right to make,-the insolvency of her son terminated all his legal vested right in her estate, and left nothing in him which could go to his creditors, or to his assignees in bankruptcy, or to his prior assignee; and that what may have come to him after his bankruptcy through the voluntary action of the trustees, under the terms of the discretion reposed in them, is his lawfully, and cannot now be subjected to the control of his assignee.

Decree affirmed.


text: Talk:Nichols Assignee v. Eaton/Opinion of the Court


text:
Page:Stevenson - Prince Otto. A Romance.djvu/99

 least, can well be more surprising than the terms of his connection with the Princess. Older than her husband, certainly uglier, and, according to the feeble ideas common among women, in every particular less pleasing, he has not only seized the complete command of all her thought and action, but has imposed on her in public a humiliating part. I do not here refer to the complete sacrifice of every rag of her reputation; for to many women these extremities are in themselves attractive. But there is about the court a certain lady of a dishevelled reputation, a Countess von Rosen, wife or widow of a cloudy count, no longer in her second youth, and already bereft of some of her attractions, who unequivocally occupies the station of the Baron’s mistress. I had thought, at first, that she was but a hired accomplice, a mere blind or buffer for the more important sinner. A few hours’ acquaintance with Madame von Rosen for ever dispelled the illusion. She is one rather to make than to prevent a scandal, and she values none of those bribes—money, honours, or employment—with which the situation might be gilded. Indeed, as a person frankly bad, she pleased me, in the court of Grünewald, like a piece of nature.

The power of this man over the Princess is, therefore, without bounds. She has sacrificed to the adoration with which he has inspired her


text:
Page:Stevenson - Prince Otto. A Romance.djvu/101

far Otto read, with waxing indignation; and here his fury overflowed. He tossed the roll upon the table and stood up. ‘This man,’ he said, ‘is a devil. A filthy imagination, an ear greedy of evil, a ponderous malignity of thought and language: I grow like him by the reading! Chancellor, where is this fellow lodged?’

‘He was committed to the Flag Tower,’ replied Greisengesang, ‘in the Gamiani apartment.’

‘Lead me to him,’ said the Prince; and then, a thought striking him, ‘Was it for that,’ he asked, ‘that I found so many sentries in the garden?’

‘Your Highness, I am unaware,’ answered Greisengesang, true to his policy. ‘The disposition of the guards is a matter distinct from my functions.’

Otto turned upon the old man fiercely, but


text:
Page:Stevenson - Prince Otto. A Romance.djvu/105

 countersigned the passport. Thus regularised, he returned it to Otto with a bow.

‘You will now,’ said the Prince, ‘order one of my own carriages to be prepared; see it, with your own eyes, charged with Sir John’s effects, and have it waiting within the hour behind the Pheasant House. Sir John departs this morning for Vienna.’

The Chancellor took his elaborate departure.

‘Here, sir, is your passport,’ said Otto, turning to the Baronet. ‘I regret it from my heart that you have met inhospitable usage.’

‘Well, there will be no English war,’ returned Sir John.

‘Nay, sir,’ said Otto, ‘you surely owe me your civility. Matters are now changed, and we stand again upon the footing of two gentlemen. It was not I who ordered your arrest; I returned late last night from hunting; and as you cannot blame me for your imprisonment, you may even thank me for your freedom.’

‘And yet you read my papers,’ said the traveller, shrewdly.

‘There, sir, I was wrong,’ returned Otto; ‘and for that I ask your pardon. You can scarce refuse it, for your own dignity, to one who is a plexus of weaknesses. Nor was the fault entirely mine. Had the papers been innocent, it


text:
Page:Stevenson - Prince Otto. A Romance.djvu/106

 would have been at most an indiscretion. Your own guilt is the sting of my offence.’

Sir John regarded Otto with an approving twinkle; then he bowed, but still in silence.

‘Well, sir, as you are now at your entire disposal, I have a favour to beg of your indulgence,’ continued the Prince. ‘I have to request that you will walk with me alone into the garden so soon as your convenience permits.’

‘From the moment that I am a free man,’ Sir John replied, this time with perfect courtesy, ‘I am wholly at your Highness’s command; and if you will excuse a rather summary toilet, I will even follow you, as I am.’

‘I thank you, sir,’ said Otto.

So without more delay, the Prince leading, the pair proceeded down through the echoing stairway of the tower, and out through the grating, into the ample air and sunshine of the morning, and among the terraces and flower-beds of the garden. They crossed the fish-pond, where the carp were leaping as thick as bees; they mounted, one after another, the various flights of stairs, snowed upon, as they went, with April blossoms, and marching in time to the great orchestra of birds. Nor did Otto pause till they had reached the highest terrace of the garden. Here was a gate into the park, and


text:
Page:History of West Australia.djvu/477

Rh implements and materials, sink dams to tide the stock over dry seasons, and tend the flocks and herds incessantly to save them from the natives' spears. Stores and wool had to be carted long distances over encumbered bush tracks. The stout-hearted pastoralist, fresh perhaps from a refined English home, and unaccustomed to toil, "roughed it" uncomplainingly, striving towards the reward he deserved so well. Of these "nation builders" who have triumphed it is superfluous to speak in terms of eulogy.

One of the most respected of those who fought the good fight and won it signally none are more respected, and few have left a more lasting and favourable impress upon the history of the colony than Anthony O'Grady Lefroy, C.M.G., son of the late Reverend Lefroy, of ancient lineage, vicar of Sentry, Dublin, Ireland, and nephew of the late Right Honourable Thomas Lefroy, ex-Chief Justice of Ireland. His mother, Dorothy O'Grady, was a daughter of The O'Grady of Kilballyowen. Anthony O'Grady Lefroy has had a long, notable, and varied career in Western Australia. He is one of the veterans who, if he could have found leisure for the task of keeping a diary, would have been able to make a highly valuable and useful contribution to the literature of this colony, for he has been a leading actor in all the historical epochs of her rise and progress. Born at Limerick in 1817, and desiring in early manhood a freer range for his vigour of mind and body than the old world afforded, he resolved to emigrate to Western Australia with a view of taking advantage of the liberal inducements which were then offered by the Government to those who possessed the necessary means and spirit of enterprise to become successful pastoralists. The colony having an ample public estate was anxious to obtain a desirable class of settlers—men who could add to the national wealth by stocking large areas to feed the people of the towns and create an export trade in wool. The young immigrant arrived here on the 6th January, 1843, and set himself to find a suitable location for his operations as a grazier. Coming from "the land of the green valley and the rushing river," the sandy coast districts did not please his experienced eye. He went further afield on an exploring expedition in the direction of what is now known as Victoria Plains. In this neighbourhood he had the good fortune to discover a fertile tract of country, the site of the celebrated "Walebing" Station of to-day. From 1844 till 1849 he was engaged in laying the foundations of one of the most eligible and lucrative sheep-raising properties of Western Australia.

In 1849 his talents and education attracted the attention of the Secretary of State for the Colonies, and Mr. O'Grady Lefroy was appointed private secretary to Captain Fitzgerald, Governor of the colony. The post gave hhn scope for the display of his ability for offices of trust in high civil employment, and promotion soon followed upon every occasion of a vacancy occurring. From being secretary to His Excellency the Governor he passed to the Chambers of Government, being appointed in 1851 clerk to the Legislative Council and the Executive Council. A still more striking mark of the confidence reposed in him was bestowed in January, 1856, when he became Treasurer of Western Australia. He was Acting Colonial Secretary from the 13th July, 1875, to the 20th August, 1877, while still continuing to hold the office of Treasurer. He was Colonial Treasurer until Responsible Government was granted to the colony on the 30th December, 1890, and on the introduction of the new constitution the Honourable Anthony O'Grady Lefroy, who had been created Companion of Michael and George in 1878, retired on a pension, after having been Colonial Treasurer for thirty-four years. During this time he had held a number of other positions which enabled him to serve the public interests, among which may be mentioned those of the Chairmanship of the Board of Education and Paymaster of Pensioners. He married on the 3rd June, 1852, Mary, third daughter of the late Colonel John Bruce, for years Military Commandant of Western Australia, and two sons and a daughter were born of the union. The eldest son, Mr. Henry Bruce Lefroy, who represents the Moore electorate in the Legislative Assembly, in 1880 married Rose Agnes Wittenoom, sister of the Honourable E. H. Wittenoom, Minister for Mines. The second son, Anthony Langlois O'Grady, died on the 20th January, 1877. There are three daughters, Mary, Dorothea, and Emily Elizabeth, the last of whom became in 1888 the wife of Mr. Arthur Henry Williams, chief clerk in the Postal Department.

The Honourable Anthony O'Grady Lefroy is one of the connecting links between the new and the old generations in Western Australia—between the government of Downing Street and the government by the people through the ballot-box. An officer who has grown old in the service of the Queen, he has witnessed a handful of colonists swell their numbers to a population of more than 100,000; he has seen one of the least regarded of Her Majesty's possessions expand into a wealthy and important colony, with an overflowing treasury and the fairest prospects. In the day of his strength he was one of the most politic of rulers; in his well-earned repose in the evening of his life he has the serene consciousness of having done his duty. A career so full of wise and loyal service to the Crown, so fruitful of the happiest results, and so blameless, entitles the Honourable Anthony O'Grady Lefroy, C.M.G., in the fullest measure to the simple yet expressive commendation—"Well done thou good and faithful servant"

[Since this sketch was written Western Australia has had to mourn the death of this respected pioneer.]

title: Page:History of West Australia.djvu/477


text:
Page:Folklore1919.djvu/554

188 the house and half the shop. When the father died the younger took the shop and the elder took the house. The younger became a merchant like his father; the elder went about drinking and smoking hashish until

khashshu fîl-marhâra ‘addahum arba‘în ulamma tili‘u ‘adduhum arba‘în. Huwa nizil min es-segara uraḥ fattaḥ el-marhâra, dakhal guwa, mala ’m-muktaf min ed-dahab ushâlu. Lamma till‘ min el- marhâra qafalha zê ma kan, umishi ‘al-bêt. Khabat el-bâb ; merâto qalet: “Mîn?” qalleha: “Ana!” Qaletlo “Ḥâder! “Nizilet bil-‘agl, fataḥetlo. Lamma fataḥetlo tili‘u ‘ala fôq. Nazzal el-muktaf uqa‘d. Qallaha: “Nit‘asha.” Gabetlo laḥma, okhdar, waḥamâm. B‘ad ma it‘asha urhasal idên qalleha: “Mafîsh hina, wâhid kêla.” Qaletlo: “lâ”! Qaletlo: “nerûḥ bêt akhûk; negîb el-kêla min henak.” Qalleha: “Tayyib.” Lamma raḥet bêt akhû khabatet el-bâb; qaletluhum: “ana ‘auza el-kêla ‘alashan nikayyil shwoyet qamḥ.” Er-râgil qalleha: “Tayyib.” Qalleha: “akhuya gi?” Qaletlo: “aiwa.” Huwa qal limrâto “iddîl’ha el-kêla, weddîl-’ha shwoyet akl ‘alashanhum.” Iddêthum wâhida sultanîya melyâna min et-tabîkh u etnên rarhif ‘êsh. Lamma gât tiddîleha el-kêla dahnet el-kêla bil-‘asal ‘alashan teshûf yekayyilu ê. Akhadet el-kêla weraḥet fîl-bêt. Lamma kailu el-fulûs, el-fulûs lizqa fîl qa‘r el-kêla. Lamma waddet el-kêla marat akhû shafet el-kêla, laqet el-fulus lazqa fîl-kêla. Qalet legôzha: “shûf, di mûsh rhalla; di fulûs!” Qalleha: “ezê?” Qaletlo: “ana ḥottet ‘asal fîl-kêla ‘alashan ashûf huma yekayyilu ê; laqet ‘ashera gine lezqîn fîl-kêla: lazim terûḥ ‘and akhûk; teshûf huwa gab el-fulûs min ên; lazim tegib zêo.” Sabaḥ fîs-subḥ bedri; raḥ ‘and akhû; qallu: “neharek sayyid!” Qa‘d lamma shiribu qaḥa sawa; ba‘d ma shiribu el-qaḥwa sa‘al qallu: “Ya khûya, enta gibt el-fulûs min ên?” Qallu: “Tayyib; dilwaqti awarrîlak.” Qallu: “Rûḥ, khad muqtaf uta‘ala.” Lamma gi khadû ba‘dehum wetili‘u fîl-gebel. Lamma wassalu ‘and es-segara qa‘adu. Ba‘de shwoyya el-fidawîya gûm; lamma shafuhum tili‘u fôq es-segara; wehuma dakhelin em-marhâra; ‘adduhum arba‘în; lamma tili‘u ‘adduhum arba‘în. Ba‘dma raḥu ba‘îd nizilu min es-segara, weraḥu fattaḥu em-marhâra, u dakhalu guwa u malu kûl wâhid em- muqtaf betâ‘o. Lamma malau em-maqatîf shalû uqafalu em-marhâra zê ma kan, utannu mashîn lamma wassalu ‘ala el-bêt. Lamma wassalu el-bêt el-kebir qal lakhû: “Yakhûya, biziyâda ‘alêna; matroḥshi tâni noba.” Qallu: “tayyib!” Lamma rawwaḥ el-bet ’mrâto qaletlo: “lazim terûḥ tegîb telâta noba zê akhûk.” Qalleha: “Tayyib!” Lamma sabaḥ fîs-subḥ saḥi bedri ketir khad em-muqtaf utanna mâshi wâhido lamma gi ‘and es-segara; lamma shâf el-fidawîya gayyîn tili‘ fôq es-segara, wehuma dakhalu em-marhâra, we ‘adduhum arba‘in; we huma tila‘în, we‘adduhum arba‘în. Ba‘d ma mishu

title: Page:Folklore1919.djvu/554


text:
Page:Folklore1919.djvu/557

Rh One day the elder brother came to his wife from abroad: ‘Now I am tired, O my cousin!’ She replied: ‘Well, as to the tiredness, God forgive it!’ He became vexed; he had no money, no clothes, was hungry, had nothing. He said: ‘I had better go into the desert and die; a hyena will eat me until I vanish from the world.’ So he walks in the desert: he found a fountain where was a tree. He sat down under the tree and in his pocket was a loaf of bread. He took the loaf from his pocket and began to eat. After he had eaten and drunk he looked with his eye; it came across forty brigands coming along; he climbed up the tree. When they entered the cave forty sat down. Presently when they had left the cave he counted forty of them. He descended from the tree and went to the cave; he examined the cave; he found it full of money, of silver and of gold. He lifted up his galabiya (outer garment) and tied the sleeves of the galabiya together and filled it with the gold; he carried it away and went towards his house. When he reached the house he knocked at the door; when he knocked at the door his wife said: ‘Who is it?’ He replied: ‘I! open at once.’ She said: ‘What is this? what is the matter to-night? what are you bringing with you?’ Then she came down and opened (the door) for him, and they went upstairs. He took down the galabiya from the top of his head; he said to her: ‘Take (this); buy for us some meat and chickens and corn.’ She said to him: ‘Where have you got the money from?’ He answered: ‘I have got it from the world.’ He arose in the morning, took a basket and took (food for) lunch and walked to under the tree. He went on eating the lunch and drinking until the brigands came. When they had entered the cave he counted forty of them and when they came out he counted forty of them. He descended from the tree and went to examine the cave; he went inside, filled the basket with the gold and carried it away. When he left the cave he shut it up as before,

title: Page:Folklore1919.djvu/557


text: Popular Tales from the Norse/East o' the Sun and West o' the Moon


text:
East of the Sun and West of the Moon

 * "East of the Sun and West of the Moon" translated by Margaret Raine Hunt in The Blue Fairy Book (1889), edited by Andrew Lang
 * "East o' the Sun and West o' the Moon" in Popular Tales from the Norse (1912), edited by George Webbe Dasent

title: East of the Sun and West of the Moon


text:
Page:Folklore1919.djvu/563

 them on the camels and went and threw them into the Nile. After he had thrown them he took the camels and went and carried away the treasure from the cave.”

It will be observed that the story of Ali Baba and the Forty Thieves has been tacked on to the story of the two brothers. Or does the version recounted to me represent an earlier form of that in the Arabian Nights? Unfortunately the narrator forgot the crucial point of the story, where the brigand chief would have first promised to bring some more “first-class” oil to the merchant and then have told his companions to provide forty ballasis or jars—so called from their being made at Ballas—inside which they were to be concealed.

The Cairenes say: Children say on a festival: Said of the shîḥ or “wormwood” (Artemisia maritima) which is used for putting into clothes and rugs in order to keep insects away: The shîḥ is believed in Upper Egypt to keep serpents out of a house.

title: Page:Folklore1919.djvu/563


text: Popular Tales from the Norse/Boots who ate a Match with the Troll


text: Popular Tales from the Norse/Hacon Grizzlebeard


text: Popular Tales from the Norse/Boots who made the Princess say, "That's a Story"


text: Popular Tales from the Norse/The Twelve Wild Ducks


text: Popular Tales from the Norse/The Giant who had no Heart in his Body


text: Popular Tales from the Norse/The Fox as Herdsman


text:
Page:Folklore1919.djvu/14

 The meeting concluded with a hearty vote of thanks to Miss Blackman for her paper and to Mr. Wright and Miss Burne for exhibiting the Rosaries.

WEDNESDAY, JANUARY 15th, 1919.

The minutes of the last meeting were read and confirmed.

Major Perceval Yetts read a paper entitled "The Chinese Isles of the Blest," and in the discussion which followed, Mr. A. R. Wright, Miss Hull, Dr. Gaster, Mrs. Coote Lake and the Chairman took part.

The meeting terminated with a hearty vote of thanks to Major Perceval Yetts for his paper.

ANNUAL MEETING.

WEDNESDAY, FEBRUARY 19th, 1919.

The Annual Meeting of the Society was held on this date, the President, Dr. A. C. Haddon, in the Chair.

The minutes of the last annual meeting were read and confirmed.

The 41st Annual Report of the Council, with the Cash Account and Balance Sheet for the year 1918, duly audited, was presented to the meeting, and on the motion of Dr. Hartland, seconded by Dr. Gaster, it was resolved that the same be received and adopted.

The following were duly elected to hold office for the ensuing year, viz.:—

As President—A. C. Haddon, D.Sc, F.R.S.

As Vice-Presidents—The Rt. Hon. Lord Abercromby, Sir E. W. Brabrook, C.B., V.P.S.A., Miss Charlotte S. Burne,

title: Page:Folklore1919.djvu/14


text: Popular Tales from the Norse/The Mastermaid


text: Dictionary of National Biography, 1885-1900/Layton, Henry


text:
Page:Cyclopedia of Painters and Paintings, 1887, vol 1.djvu/35

Rh

AAKH, ADOLF. Beiträge aus Württemberg zur neueren deutschen Kunstgeschichte. Stuttgart, 1863.


text:
Author:Jonathan Ceredig Davies

Works

 * Darlith ar Patagonia (1891)
 * Patagonia: a description of the country (1892)
 * Adventures in the land of giants: a Patagonian tale (1892)
 * Western Australia: its history and progress (1902)
 * Awstralia Orllewinol (1903)
 * Folk-lore of West and Mid-Wales (1911)
 * Welsh and Oriental Languages (1927)
 * Life, travels, and reminiscences of Jonathan Ceredig Davies (1927)

title: Author:Jonathan Ceredig Davies


text:
Author:Ernest Edgar Vyvyan Collocott

Works

 * Koe Ta'u'e Teau (1926)
 * Tales and Poems of Tonga (1928)
 * Tales and Poems of Tonga (1928)

title: Author:Ernest Edgar Vyvyan Collocott


text: 1911 Encyclopædia Britannica/Llwyd, Edward


text:
Author:George Nuttall Nuttall-Smith

Works

 * The Lamp: a vision (1933)
 * The Lamp: a vision (1933)

title: Author:George Nuttall Nuttall-Smith


text:
Page:Ulysses, 1922.djvu/694

Rh trying to imagine he was dying on account of her to never see thy face again though he looked more like a man with his beard a bit grown in the bed father was the same besides I hate bandaging and dosing when he cut his toe with the razor paring his corns afraid hed get blood poisoning but if it was a thing I was sick then wed see what attention only of course the woman hides it not to give all the trouble they do yes he came somewhere Im sure by his appetite anyway love its not or hed be off his feed thinking of her so either it was one of those night women if it was down there he was really and the hotel story he made up a pack of lies to hide it planning it Hynes kept me who did I meet ah yes I met do you remember Menton and who else who let me see that big babbyface I saw him and he not long married flirting with a young girl at Pooles Myriorana and turned my back on him when he slinked out looking quite conscious what harm but he had the impudence to make up to me one time well done to him mouth almighty and his boiled eyes of all the big stupoes I ever met and thats called a solicitor only for I hate having a long wrangle in bed or else if its not that its some little bitch or other he got in with somewhere or picked up on the sly if they only knew him as well as I do yes because the day before yesterday he was scribbling something a letter when I came into the front room for the matches to show him Dignams death in the paper as if something told me and he covered it up with the blottingpaper pretending to be thinking about business so very probably that was it to somebody who thinks she has a softy in him because all men get a bit like that at his age especially getting on to forty he is now so as to wheedle any money she can out of him no fool like an old fool and then the usual kissing my bottom was to hide it not that I care two straws who he does it with or knew before that way though Id like to find out so long as I dont have the two of them under my nose all the time like that slut that Mary we had in Ontario Terrace padding out her false bottom to excite him bad enough to get the smell of those painted women off him once or twice I had a suspicion by getting him to come near me when I found the long hair on his coat without that one when I went into the kitchen pretending he was drinking water 1 woman is not enough for them it was all his fault of course ruining servants then proposing that she could eat at our table on Christmas if you please O no thank you not in my house stealing my potatoes and the oysters 2/6 per doz going out to see her aunt if you please common robbery so it was but I was sure he had something on with that one it takes me to find out a thing like that he said you have no proof it was her proof O yes her aunt was very fond

title: Page:Ulysses, 1922.djvu/694


text:
Page:Ulysses, 1922.djvu/695

692 of oysters but I told her what I thought of her suggesting me to go out to be alone with her I wouldnt lower myself to spy on them the garters I found in her room the Friday she was out that was enough for me a little bit too much I saw to that her face swelled up on her with temper when I gave her her weeks notice better do without them altogether do out the rooms myself quicker only for the damn cooking and throwing out the dirt I gave it to him anyhow either she or me leaves the house I couldnt even touch him if I thought he was with a dirty barefaced liar and sloven like that one deuyingdenying [sic] it up to my face and singing about the place in the W C too because she knew she was too well off yes because he couldnt possibly do without it that long so he must do it somewhere and the last time he came on my bottom when was it the night Boylan gave my hand a great squeeze going along by the Tolka in my hand there steals another I just pressed the back of his like that with my thumb to squeeze back singing the young May Moon shes beaming love because he has an idea about him and me hes not such a fool he said Im dining out and going to the Gaiety though Im not going to give him the satisfaction in any case God knows hes change in a way not to be always and ever wearing the same old hat unless I paid some nicelooking boy to do it since I cant do it myself a young boy would like me Id confuse him a little alone with him if we were Id let him see my garters the new ones and make him turn red looking at him seduce him I know what boys feel with that down on their cheek doing that frigging drawing out the thing by the hour question and answer would you do this that and the other with the coalman yes with a bishop yes I would because I told him about some Dean or Bishop was sitting beside me in the jews Temples gardens when I was knitting that woollen thing a stranger to Dublin what place was it and so on about the monuments and he tired me out with statues encouraging him making him worse than he is who is in your mind now tell me who are you thinking of who is it tell me his name who tell me who the German Emperor is it yes imagine Im him think of him can you feel him trying to make a whore of me what he never will he ought to give it up now at this age of his life simply ruination for any woman and no satisfaction in it pretending to like it till he comes and then finish it off myself anyway and it makes your lips pale anyhow its done now once and for all with all the talk of the world about it people make its only the first time after that its just the ordinary do it and think no more about it why cant you kiss a man without going and marrying him first you sometimes love to wildly when you feel that way so nice all

title: Page:Ulysses, 1922.djvu/695


text:
Page:Ulysses, 1922.djvu/696

Rh over you you cant help yourself I wish some man or other would take me sometime when hes there and kiss me in his arms theres nothing like a kiss long and hot down to your soul almost paralyses you then I hate that confession when I used to go to Father Corrigan he touched me father and what harm if he did where and I said on the canal bank like a fool but whereabouts on your person my child on the leg behind high up was it yes rather high up was it where you sit down yes O Lord couldnt he say bottom right out and have done with it what has that got to do with it and did you whatever way he put it I forget no father and I always think of the real father what did he want to know for when I already confessed it to God he had a nice fat hand the palm moist always I wouldnt mind feeling it neither would he Id say by the bullneck in his horsecollar I wonder did he know me in the box I could see his face he couldnt see mine of course hed never turn or let on still his eyes were red when his father died theyre lost for a woman of course must be terrible when a man cries let alone them Id like to be embraced by one in his vestments and the smell of incense off him like the pope besides theres no danger with a priest if youre married hes too careful about himself then give something to H H the pope for a penance I wonder was he satisfied with me one thing I didnt like his slapping me behind going away so familiarly in the hall though I laughed Im not a horse or an ass am I I suppose he was thinking of his father I wonder is he awake thinking of me or dreaming am I in it who gave him that flower he said he bought he smelt of some kind of drink not whisky or stout or perhaps the sweety kind of paste they stick their bills up with some liquor Id like to sip those richlooking green and yellow expensive drinks those stagedoor johnnies drink with the opera hats I tasted once with my finger dipped out of that American that had the squirrel talking stamps with father he had all he could do to keep himself from falling asleep after the last time we took the port and potted meat it had a fine salty taste yes because I felt lovely and tired myself and fell asleep as sound as a top the moment I popped straight into bed till that thunder woke me up as if the world was coming to an end God be merciful to us I thought the heavens were coming down about us to punish when I blessed myself and said a Hail Mary like those awful thunderbolts in Gibraltar and they come and tell you theres no God what could you do if it was running and rushing about nothing only make an act of contrition the candle I lit that evening in Whitefriars street chapel for the month of May see it brought its luck though hed scoff if he heard because he never goes to church

title: Page:Ulysses, 1922.djvu/696


text:
Page:Ulysses, 1922.djvu/697

694 burst though his nose is not so big after I took off all my things with the blinds down after my hours dressing and perfuming and combing it like iron or some kind of a thick crowbar standing all the time he must have eaten oysters I think a few dozen he was in great singing voice no I never in all my life felt anyone had one the size of that to make you feel full up he must have eaten a whole sheep after whats the idea making us like that with a big hole in the middle of us like a Stallion driving it up into you because thats all they want out of you with that determined vicious look in his eye I had to halfshut my eyes still he hasnt such a tremendous amount of spunk in him when I made him pull it out and do it on me considering how big it is so much the better in case any of it wasnt washed out properly the last time I let him finish it in me nice invention they made for women for him to get all the pleasure but if someone gave them a touch of it themselves theyd know what I went through with Milly nobody would believe cutting her teeth too and Mina Purefoys husband give us a swing out of your whiskers filling her up with a child or twins once a year as regular as the clock always with a smell of children off her the one they called budgers or something like a nigger with a shock of hair on it Jesusjack the child is a black the last time I was there a squad of them falling over one another and bawling you couldnt hear your ears supposed to be healthy not satisfied till they have us swollen out like elephants or I dont know what supposing I risked having another not off him though still if he was married Im sure hed have a fine strong child but I dont know Poldy has more spunk in him yes thatd be awfully jolly I suppose it was meeting Josie Powell and the funeral and thinking about me and Boylan set him off well he can think what he likes now if thatll do him any good I know they were spooning a bit when I came on the scene he was dancing and sitting out with her the night of Georgina Simpsons housewarming and then he wanted to ram it down my neck on account of not liking to see her a wallflower that was why we had the standup row over politics he began it not me when he said about Our Lord being a carpenter at last he made me cry of course a woman is so sensitive about everything I was fuming with myself after for giving in only for I knew he was gone on me and the first socialist he said He was he annoyed me so much I couldnt put him into a temper still he knows a lot of mixed up things especially about the body and the insides I often wanted to study up that myself what we have inside us in that family physician I could always hear his voice talking when the room was crowded and watch him after that I pretended I had on a coolness with her over him

title: Page:Ulysses, 1922.djvu/697


text:
Page:Dictionary of National Biography volume 42.djvu/92

 done, if he did it at all, about this time. He was made prebendary of Bedford Minor in the cathedral of Lincoln, and of Dunford in the cathedral of Lichfield in 1551. When Mary came to the throne he fled. He seems afterwards not to have been altogether satisfied with his conduct at the crisis, for he confesses that he had left his vicarage 'somewhat before extreme trouble came' (A Confession, &c.); but he adds that there were other reasons than fear. He does not seem to have left England at once, as Becon has recorded that Old entertained him and Robert Wisdome when they were in hiding (, Jewel of Joy). When Elizabeth succeeded Mary, he must have been dead, as he was not restored to his prebends.

Old took part in the translation of Erasmus's 'Paraphrase of the New Testament,' London 1548, fol.; his share embraced the canonical epistles. He is said to have afterwards translated the books themselves. He also published a translation of five of Gualter's 'Homilies,' under the title of 'Antichrist,' London, 1556; republished as 'A short Description of Antichrist' in 1557. He edited 'Certaine Godly Conferences betweene N. Ridley... and H. Latimer,' London, 1556, 8vo; another edition, 1574. He wrote: 1. 'The Acquital or Purgation of the moost Catholyke Christen Prince, Edward VI,' Waterford, 1555, 4to. This has been said to have been the second book ever printed in Ireland, but it seems more probable that, like most of the books of the same kind, it appeared really at Antwerp (cf. Notes and Queries, 3rd ser. iii. 29). 2. 'A Confession of the most Auncient and True Christen Catholike Olde Belefe,' Southwark, 1556, 8vo.

OLDCASTLE, JOHN, styled  (d. 1417), came of a family of consideration, who were lords of the manor of Almeley near Weobley, in Western Herefordshire, and whose estates touched the Wye at Letton (Cal. Inquis. post mortem, iv. 124). A parcel of their lands in Almeley was called Oldcastle, and this, no doubt, was the mound beside the church on which ruins were still visible in the seventeenth century. The name Old Castle, which was probably derived from some ancient, perhaps Roman, fortification, which had disappeared by the fifteenth century, is still, or was until recently, attached to a farmhouse occupying the site (, Castles of Herefordshire, 1869, p. 3; cf. ). It is probably unnecessary then to suppose that the family had ever been connected with the small village of Oldcastle in the north-west corner of Monmouthshire, which one tradition has confidently pointed to as the birthplace of Sir John Oldcastle. Oldcastle has been claimed as a Welshman (Archæologia Cambrensis, 1st ser. i. 47; 4th ser. viii. 125). But of this there is certainly no proof, least of all in the fact, if fact it be, that he was known among the Welsh as 'Sion Hendy o Went Iscoed,' which is a mere translation of John Oldcastle of Herefordshire. On the other hand, it is quite likely that a family living so close to the marches, even if originally of purely English extraction, would have Welsh blood in its veins, and some might fancy that they could detect Celtic traits in his career. Of that career practically nothing is known prior to 1401, and even his parentage and the date of his birth are unsettled. According to the pedigree which Mr. Robinson gives in the work quoted above from the 'Visitation' of 1589 (?), he was a son of Sir Richard Oldcastle, and a grandson of the John Oldcastle who represented Herefordshire in the parliaments of 1368 and 1372 (Return of Members of Parliament, i. 179, 188; cf., Visitation of 1569, ed. F. W. Weaver). Thomas Oldcastle, who held the same position in 1390 and 1393, and was sheriff of the county in 1386 and 1391, was probably his uncle; he died between 1397 and 1402, having married the heiress of the neighbouring family of Pembridge,and his son Richard, who died in 1422, held lands in Herefordshire and Worcestershire (, Appendix, i.; Cal. Inquis. post mortem, iv. 65, 253;, Issues, p. 299; Rot. Parl. iv. 99; Kalendars and Inventories, ii. 53).

Oldcastle's biographers have usually represented him as an old man of nearly sixty years of age at his death, and have placed his birth with some confidence in 1360 (Archæologia Cambrensis, 4th ser. viii. 125;, i. 49). But the evidence available points to a considerable over-statement. Bale confused him with, third lord Cobham [q. v.], the grandfather of his future wife, and thus erroneously made him the leader of the lollards in the parliaments of 1391 and 1395. These errors, and the way in which the fifteenth and sixteenth century writers played upon the first syllable of his name, have doubtless led to an exaggerated estimate of the length


text:
Page:Ulysses, 1922.djvu/698

Rh mass or meeting he says your soul you have no soul inside only grey matter because he doesnt know what it is to have one yes when I lit the lamp yes because he must have come 3 or 4 times with that tremendous big red brute of a thing he has I thought the vein or whatever the dickens they call it was going to because he used to be a bit on the jealous side whenever he asked who are you going to and I said over to Floey and he made me the present of lord Byrons poems and the three pairs of gloves so that finished that I could quite easily get him to make it up any time I know how Id even supposing he got in with her again and was going out to see her somewhere Id know if he refused to eat the onions I know plenty of ways ask him to tuck down the collar of my blouse or touch him with my veil and gloves on going out 1 kiss then wouldsend them all spinning however alright well see then let him go to her she of course would only be too delighted to pretend shes mad in love with him that I wouldnt so much mind Id just go to her and ask her do you love him and look her square in the eyes she couldnt fool me but he might imagine he was and make a declaration with his plabbery kind of a manner to her like he did to me though I had the devils own job to get it out of him though I liked him for that it showed he could hold in and wasnt to be got for the asking he was on the pop of asking me too the night in the kitchen I was rolling the potato cake theres something I want to say to you only for I put him off letting on I was in a temper with my hands and arms full of pasty flour in any case I let out too much the night before talking of dreams so I didnt want to let him know more than was good for him she used to be always embracing me Josie whenever he was there meaning him of course glauming me over and when I said I washed up and down as far as possible asking me did you wash possible the women are always egging on to that putting it on thick when hes there they know by his sly eye blinking a bit putting on the indifferent when they come out with something the kind he is what spoils him I dont wonder in the least because he was very handsome at that time trying to look like lord Byron I said I liked though he was too beautiful for a man and he was a little before we got engaged afterwards though she didnt like it so much the day I was in fits of laughing with the giggles I couldnt stop about all my hairpins falling one after another with the mass of hair I had youre always in great humour she said yes because it grigged her because she knew what it meant because I used to tell her a good bit of what went on between us not all but just enough to make her month water but that wasnt my fault she didnt darken the door much after we were married I wonder what shes got like now

title: Page:Ulysses, 1922.djvu/698


text:
Page:Ulysses, 1922.djvu/699

696 after living with that dotty husband of hers she had her face beginning to look drawn and run down the last time I saw her she must have been just after a row with him because I saw on the moment she was edging to draw down a conversation about husbands and talk about him to run him down what was it she told me O yes that sometimes he used to go to bed with his muddy boots on when the maggot takes him just imagine having to get into bed with a thing like that that might murder you any moment what a man well its not the one way everyone goes mad Poldy anyway whatever he does always wipes his feet on the mat when he comes in wet or shine and always blacks his own boots too and he always takes off his hat when he comes up in the street like that and now hes going about in his slippers to look for £ 10000 for a postcard up up O Sweetheart May wouldnt a thing like that simply bore you stiff to extinction actually too stupid even to take his boots off now what could you make of a man like that Id rather die 20 times over than marry another of their sex of course hed never find another woman like me to put up with him the way I do know me come sleep with me yes and he knows that too at the bottom of his heart take that Mrs Maybrick that poisoned her husband for what I wonder in love with some other man yes it was found out on her wasnt she the downright villain to go and do a thing like that of course some men can be dreadfully aggravating drive you mad and always the worst word in the world what do they ask us to marry them for if were so bad as all that comes to yes because they cant get on without us white Arsenic she put in his tea of flypaper wasnt it I wonder why they call it that if I asked him hed say its from the Greek leave us as wise as we were before she must have been madly in love with the other fellow to run the chance of being hanged O she didnt care if that was her nature what could she do besides theyre not brutes enough to go and hang a woman surely are they

theyre all so different Boylan talking about the shape of my foot he noticed at once even before he was introduced when I was in the D B C with Poldy laughing and trying to listen I was waggling my foot we both ordered 2 teas and plain bread and butter I saw him looking with his two old maids of sisters when I stood up and asked the girl where it was what do I care with it dropping out of me and that black closed breeches he made me buy takes you half an hour to let them down wetting all myself always with some brandnew fad every other week such a long one I did I forgot my suede gloves on the seat behind that I never got after some robber of a woman and he wanted me to put it in the Irish Times lost in the ladies lavatory D B C Dame street

title: Page:Ulysses, 1922.djvu/699


text:
Page:Ulysses, 1922.djvu/700

Rh finder return to Mrs Marion Bloom and I saw his eyes on my feet going out through the turning door he was looking when I looked back and I went there for tea 2 days after in the hope but he wasnt now how did that excite him because I was crossing them when we were in the other room first he meant the shoes that are too tight to walk in my hand is nice like that if I only had a ring with the stone for my mouth a nice aquamarine Ill stick him for one and a gold bracelet I dont like my foot so much still I made him spend once with my foot the night after Goodwins botchup of a concert so cold and windy it was well we had that rum in the house to mull and the fire wasnt black out when he asked to take off my stockings lying on the hearthrug in Lombard street well and another time it was my muddy boots hed like me to walk in all the horses dung I could find but of course hes not natural like the rest of the world that I what did he say I could give 9 points in 10 to Katty Lanner and beat her what does that mean I asked him I forget what he said because the stoppress edition just passed and the man with the curly hair in the Lucan dairy thats so polite I think I saw his face before somewhere I noticed him when I was tasting the butter so I took my time Bartell dArcy too that he used to make fun of when he commenced kissing me on the choir stairs after I sang Gounods Ave Maria what are we waiting for O my heart kiss me straight on the brow and part which is my brown part he was pretty hot for all his tinny voice too my low notes he was always raving about if you can believe him I liked the way he used his mouth singing then he said wasnt it terrible to do that there in a place like that I dont see anything so terrible about it Ill tell him about that some day not now and surprise him ay and Ill take him there and show him the very place too we did it so now there you are like it or lump it he thinks nothing can happen without him knowing he hadnt an idea about my mother till we were engaged otherwise hed never have got me so cheap as he did he was io times worse himself anyhow begging me to give him a tiny bit cut off my drawers that was the evening coming along Kenilworth Square he kissed me in the eye of my glove and I had to take it off asking me questions is it permitted to inquire the shape of my bedroom so I let him keep it as if I forgot it to think of me when I saw him slip it into his pocket of course hes mad on the subject of drawers thats plain to be seen always skeezing at those brazenfaced things on the bicycles with their skirts blowing up to their navels even when Milly and I were out with him at the open air fete that one in the cream muslin standing right against the

title: Page:Ulysses, 1922.djvu/700


text:
Page:Ulysses, 1922.djvu/701

698 sun so he could see every atom she had on when he saw me from behind following in the rain I saw him before he saw me however standing at the corner of the Harolds cross road with a new raincoat on him with the muffler in the Zingari colours to show off his complexion and the brown hat looking slyboots as usual what was he doing there where hed no business they can go and get whatever they like from anything at all with a skirt on it and were not to ask any questions but they want to know where were you where are you going I could feel him coming along skulking after me his eyes on my neck he had been keeping away from the house he felt it was getting too warm for him so I halfturned and stopped then he pestered me to say yes till I took off my glove slowly watching him he said my openwork sleeves were too cold for the rain anything for an excuse to put his hand anear me drawers drawers the whole blessed time till I promised to give him the pair off my doll to carry about in his waistcoat pocket O Maria Santisima he did look a big fool dreeping in the rain splendid set of teeth he had made me hungry to look at them and beseeched of me to lift the orange petticoat I had on with sunray pleats that there was nobody he said hed kneel down in the wet if I didnt so persevering he would too and ruin his new raincoat you never know what freak theyd take alone with you theyre so savage for it if anyone was passing so I lifted them a bit and touched his trousers outside the way I used to Gardner after with my ring hand to keep him from doing worse where it was too public I was dying to find out was he circumcised he was shaking like a jelly all over they want to do everything too quick take all the pleasure out if it and father waiting all the time for his dinner he told me to say I left my purse in the butchers and had to go back for it what a Deceiver then he wrote me that letter with all those words in it how could he have the face to any woman after his company manners making it so awkward after when we met asking me have I offended you with my eyelids down of course he saw I wasnt he had a few brains not like that other fool Henry Doyle he was always breaking or tearing something in the charades I hate an unlucky man and if I knew what it meant of course I had to say no for form sake dont understand you I said and wasnt it natural so it is of course it used to be written up with a picture of a womans on that wall in Gibraltar with that word I couldnt find anywhere only for children seeing it too young then writing a letter every morning sometimes twice a day I liked the way he made love then he knew the way to take a woman when he sent me the 8 big poppies because mine

title: Page:Ulysses, 1922.djvu/701


text:
Page:Dictionary of National Biography volume 42.djvu/94

 that he was one of Henry's boon companions. Bale, indeed, makes him confess at his trial to ' gluttony, covetousness, and lechery in his frail youth,' but whether he had authority for this is by no means clear; and in any case he cannot refer to the time of Henry's wild life in London. For Oldcastle was then already a convinced and prominent lollard, and any inconsistency in his life would no doubt have been eagerly noted. How he became a lollard it is now impossible to say. But it is worth noticing that Herefordshire, and especially the district in which Almeley lay, was a hotbed of lollardy in the last decade of the fourteenth century. William Swinderby, the proceedings against whom in 1391 are given at length by Foxe,was charged with having denied the validity of absolution by a priest in deadly sin, at Whitney, four miles south-west of Almeley; Walter Brute, a Herefordshire layman, made himself very obnoxious to the clergy by his heretical preaching, and was supported by force, so that the king had in September 1393 to order the officials and notabilities of Herefordshire, among them Thomas Oldcastle, to see that the bishop was not interfered with, and that illegal conventicles were no longer held (, Acts and Monuments, iii. lll, 131, 196).

The earliest evidence of Oldcastle's own lollard opinions belongs to 1410, when, owing to the unlicensed preaching of 'Sir John the Chaplain,' the churches of Hoo, Halstow, and Cooling, all on the estates of his wife, were laid under interdict (, Concilia, iii. 329). He is said to have done his utmost to convert the prince himself to his views (Gesta Henrici V, p. 2). Elmham (Vita, p. 31) declares that Henry had already dismissed him from his service on account of his lollard heresies before he came to the throne. But this seems to be contradicted by the evidence of the proceedings against him in 1413. Oldcastle's position and earnestness certainly made him a most formidable leader of the lollard party. He was striving to secure the reformation of the clergy in the lollard sense, and, according to Thomas Netter or Walden [q. v.], he had, at the instance of John Huss, provided for the diffusion of Wiclif's writings (, Henry V, p. 167;, p. 251).

At the first meeting of the convocation which assembled at St. Paul's on 6 March 1413, a fortnight before the death of Henry V, John Lay, a chaplain there present, was denounced as a heretic, and confessed to having 'celebrated ' that very morning in the presence of Oldcastle, though unable to produce the license of his ordinary (, iii. 338). Convocation sat well on into the summer, and accumulated fresh evidence against Oldcastle. A large number of Wiclifite tracts were seized, condemned, and burnt. In the course of the search a book containing a number of small tracts much more dangerous in tendency was discovered in the shop of an illuminator in Paternoster Row, who confessed that Oldcastle was the owner. The latter was summoned to Kennington, and in the king's closet there on 6 June the tracts were read in the presence of Henry and 'almost all the prelates and nobles of England.' The king expressed his abhorrence of the views expounded in them as the worst against the faith and the church he had ever heard. Oldcastle, being appealed to by him, is alleged to have confessed that they were justly condemned, and pleaded that he had not read more than two leaves of the book (ib. iii. 352). This encouraged the clergy to make a general attack upon him for his open maintenance of heresy and heretical preachers, especially in the dioceses of London, Rochester, and Hereford. It was thought prudent, however, in view of the close relation in which the culprit stood to the king, to consult Henry before taking any further steps. The bishops accordingly went to Kennington and laid the matter before the king, who thanked them, but begged them, out of respect for Oldcastle's connection with himself and for the order of knighthood, to postpone any action until he had tried what persuasion could do to wean Sir John from his errors. If he failed, he promised that the law should be put into force in all its rigour. The clergy, we are told, were inclined to resent the delay, but their leaders acquiesced in the king's wishes. Henry must have had good hopes of the success of his intervention, for on 20 July he issued a warrant for the payment at Michaelmas 1414 of four hundred marks, the balance of the purchase-money of a valuable buckle, perhaps part of the spoil of the French expedition of 1411, sold to him by Oldcastle and four other persons (Fœdera, ix. 41). But Oldcastle was proof against the royal arguments, and after a final stormy interview at Windsor early in August, when the king chid him sharply for his obstinacy, he went off without leave and shut himself up in Cowling Castle. Henry thereupon authorised Arundel (about 15 Aug.) to proceed against him, and issued (21 Aug.) a stringent proclamation against unlicensed lollard preaching (ib. ix. 46; Wilkins, iii. 352-3; cf. Bale, p. 255). The archbishop sent his summoner with a citation to Cowling; but Oldcastle refusing to accept personal service, another


text:
Page:Ulysses, 1922.djvu/702

Rh was the 8th then I wrote the night he kissed my heart at Dolphins barn I couldnt describe it simply it makes you feel like nothing on earth but he never knew how to embrace well like Gardner I hope hell come on Monday as he said at the same time four I hate people who come at all hours answer the door you think its the vegetables then its somebody and you all undressed or the door of the filthy sloppy kitchen blows open the day old frostyface Goodwin called about the concert in Lombard street and I just after dinner all flushed and tossed with boiling old stew dont look at me professor I had to say Im a fright yes but he was a real old gent in his way it was impossible to be more respectful nobody to say youre out you have to peep out through the blind like the messengerboy today I thought it was a putoff first him sending the port and the peaches first and I was just beginning to yawn with nerves thinking he was trying to make a fool of me when I knew his tattarrattat at the door he must have been a bit late because it was 1/4 after 3 when I saw the 2 Dedalus girls coming from school I never know the time even that watch he gave me never seems to go properly Id want to get it looked after when I threw the penny to that lame sailor for England home and beauty when I was whistling there is a charming girl I love and I hadnt even put on my clean shift or powdered myself or a thing then this day week were to go to Belfast just as well he has to go to Ennis his fathers anniversary the 27 th it wouldnt be pleasant if he did suppose our rooms at the hotel were beside each other and any fooling went on in the new bed I couldnt tell him to stop and not bother me with him in the next room or perhaps some protestant clergyman with a cough knocking on the wall then he wouldnt believe next day we didnt do something its all very well a husband but you cant fool a lover after me telling him we never did anything of course he didnt believe me no its better hes going where he is besides something always happens with him the time going to the Mallow Concert at Maryborough ordering boiling soup for the two of us then the bell rang out he walks down the platform with the soup splashing about taking spoonfuls of it hadnt he the nerve and the waiter after him making a holy show of us screeching and confusion for the engine to start but he wouldnt pay till he finished it the two gentlemen in the 3rd class carriage said he was quite right so he was too hes so pigheaded sometimes when he gets a thing into his head a good job he was able to open the carriage door with his knife or theyd have taken us on to Cork I suppose that was done out of revenge on him O I love jaunting in a train or a car with lovely soft cushions I wonder will he take a ist class for me he might want to do it

title: Page:Ulysses, 1922.djvu/702


text:
Page:Ulysses, 1922.djvu/703

700 in the train by tipping the guard well O I suppose there’ll be the usual idiots of men gaping at us with their eyes as stupid as ever they can possibly be that was an exceptional man that common workman that left us alone in the carriage that day going to Howth Id like to find out something about him 1 or 2 tunnels perhaps then you have to look out of the window all the nicer then coming back suppose I never came back what would they say eloped with him that gets you on on the stage the last concert I sang at where its over a year ago when was it St Teresas hall Clarendon St little chits of missies they have now singing Kathleen Kearney and her like on account of father being in the army and my singing the absentminded beggar and wearing a brooch for lord Roberts when I had the map of it all and Poldy not Irish enough was it him managed it this time I wouldnt put it past him like he got me on to sing in the Stabat Mater by going around saying he was putting Lead Kindly Light to music I put him up to that till the jesuits found out he was a freemason thumping the piano lead Thou me on copied from some old opera yes and he was going about with some of them Sinner Fein lately or whatever they call themselves talking his usual trash and nonsense he says that little man he showed me without the neck is very intelligent the coming man Griffith is he well he doesnt look it thats all I can say still it must have been him he knew there was a boycott I hate the mention of politics after the war that Pretoria and Ladysmith and Bloemfontein where Gardner Lieut Stanley G 8th Bn 2nd East Lancs Rgt of enteric fever he was a lovely fellow in khaki and just the right height over me Im sure he was brave too he said I was lovely the evening we kissed goodbye at the canal lock my Irish beauty he was pale with excitement about going away or wed be seen from the road he couldnt stand properly and I so hot as I never felt they could have made their peace in the beginning or old oom Paul and the rest of the old Krugers go and fight it out between them instead of dragging on for years killing any finelooking men there were with their fever if he was even decently shot it wouldnt have been so bad I love to see a regiment pass in review the first time I saw the Spanish cavalry at La Roque it was lovely after looking across the bay from Algeciras all the lights of the rock like fireflies or those sham battles on the 15 acres the Black Watch with their kilts in time at the march past the ioth hussars the prince of Wales own or the lancers O the lancers theyre grand or the Dublins that won Tugela his father made his money over selling the horses for the cavalry well he could buy me a nice present up in Belfast after what I gave him theyve

title: Page:Ulysses, 1922.djvu/703


text:
Page:Ulysses, 1922.djvu/704

Rh lovely linen up there or one of those nice kimono things I must buy a mothball like I had before to keep in the drawer with them it would be exciting going around with him shopping buying those things in a new city better leave this ring behind want to keep turning and turning to get it over the knuckle there or they might bell it round the town in their papers or tell the police on me but theyd think were married O let them all go and smother themselves for the fat lot I care he has plenty of money and hes not a marrying man so somebody better get it out of him if I could find out whether he likes me I looked a bit washy of course when I looked close in the handglass powdering a mirror never gives you the expression besides scrooching down on me like that all the time with his big hipbones hes heavy too with his hairy chest for this heat always having to lie down for them better for him put it into me from behind the way Mrs Mastiansky told me her husband made her like the dogs do it and stick out her tongue as far as ever she could and he so quiet and mild with his tingating cither can you ever be up to men the way it takes them lovely stuff in that blue suit he had on and stylish tie and socks with the skyblue silk things on them hes certainly welloff I know by the cut his clothes have and his heavy watch but he was like a perfect devil for a few minutes after he came back with the stop press tearing up the tickets and swearing blazes because he lost 20 quid he said he lost over that outsider that won and half he put on for me on account of Lenehans tip cursing him to the lowest pits that sponger he was making free with me after the Glencree dinner coming back that long joult over the featherbed mountain after the lord Mayor looking at me with his dirty eyes Val Dillon that big heathen I first noticed him at dessert when I was cracking the nuts with my teeth I wished I could have picked every morsel of that chicken out of my fingers it it wasit was [sic] so tasty and browned and as tender as anything only for I didnt want to eat everything on my plate those forks and fishslicers were hallmarked silver too I wish I had some I could easily have slipped a couple into my muff when I was playing with them then always hanging out of them for money in a restaurant for the bit you put down your throat we have to be thankful for our mangy cup of tea itself as a great compliment to be noticed the way the world is divided in any case if its going to go on I want at least two other good chemises for one thing and but I dont know what kind of drawers he likes none at all I think didnt he say yes and half the girls in Gibraltar never wore them either naked as God made them that Andalusian singing her Manola she didnt make much secret of what she hadnt yes and the

title: Page:Ulysses, 1922.djvu/704