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 Cope, Thomas Spencer, LL.B. London Univ. 1841, county court judge Melbourne, Victoria since 1858, a student of the Middle Temple 13 April, 1842, called to the bar 21 Nov., 1845 (3rd son of Thomas Cope, of London, gentleman); born,.
 * Melbourne, Australia.

Cope, William, M.A., Trin. Coll., Oxon, 1839, recorder of Bridgnorth 10 March, 1871, district registrar of probate division 1858, a student of the Inner Temple 11 Nov., 1837 (then aged 24), called to the bar 20 Nov., 1840 (only son of William Henry Cope, Esq., of Holbeache, co. Stafford); born 20 Oct., 1813; married 15 Sept., 1842, Charlotte, youngest dau. of late George Stevens, Esq., of Old Windsor Lodge, Berks, and died 8 Jan., 1885.
 * Leighton Hall, Shrewsbury; Oxford and Cambridge Club.

Copeman, George Rickard, M.A., Emanuel Coll., Camb., 1858, J.P. Norfolk, lord of the manor and patron of Hemsby, a student of the Inner Temple 28 April, 1855 (then aged 22), called to the bar 26 Jan., 1858 (eldest son of Robert Copeman, Esq., of Hemsby Hall, Norfolk); born 25 June, 1832.
 * Hemsby Hall, Great Yarmouth; Carlton and United University Clubs.

Copestake, Sampson, M.A., Christ's Coll., Camb., 1866, a member of the Midland circuit, a student of the Inner Temple 13 Jan., 1864 (then aged 25), called to the bar 7 June, 1869 (eldest son of Sampson Copestake, of London, merchant); born, 1839.
 * Burgess Hill, Sussex; 3, Dr. Johnson's Buildings, Temple, E.C.

Copinger, Walter Arthur, author of The Law of Copyright in Works of Literature and Art, Index to Precedents 'n Conveyancing, Capital Ptinishtnent, The Custody and Production of Title Deeds, etc., a student of the Middle Temple 12 April, 1866, called to the bar 26 Jan., 1869 (2nd son of Charles Copinger, Esq., of London); born 14 April, 1847; married 3 Sept., 1873, Caroline Agnes, eldest dau. of Rev. Thomas Inglis Stewart, vicar of Landscove, Devon.
 * Tynycoed Tower, co. Merioneth; The Priory and South King Street, Manchester.

Coppin, John, M.A., Trin. Coll., Camb., 1846, J.P. Northumberland, a student of Lincoln's Inn 26 Jan., 1842 (then aged 21), called to the bar 1 May, 1846 (only son of John Coppin, Esq., late of North Shields, dec.); born, 1821.
 * Bingfield, Corbridge-on-Tyne; United University Club.

Coppinger, Arthur Joseph, a member of the North-eastern circuit, a student of the Inner Temple 6 Nov., 1877 (then aged 21), called to the bar 17 Nov., 1880 (youngest son of Francis Coppinger, of Monkstown Castle, co. Dublin); born, 1856.

Coppock, Theodore, M.A., St. John's Coll., Camb., 1884, LL.B. 1882, matric. London Univ. 1875, first B.A. Owen's Coll., Manchester, 1877, a student of the Inner Temple 16 May, 1881 (then aged 23), called to the bar 26 Jan., 1884 (5th son of late Henry Coppock, of Stockport, Cheshire, solicitor); born 9 May, 1858.
 * 8, King's Bench Walk, Temple, E.C.

Corballis, Edward Christopher, B.A., Trin. Coll., Dublin, 1858, a student of Lincoln's Inn 27 Oct., 1858 (then aged 23), called to the bar 18 Nov., 1861 (2nd son of John Richard Corballis, Esq., of Roebuck, co. Dublin); born, 1835.

Corbett, Charles Joseph Henry, B.A. New Coll., Oxon, conveyancer, a student of the Middle Temple 12 Oct., 1874, called to the bar 13 June, 1877 (eldest son of Charles Joseph Corbett, of Imber Court, Thames Ditton, Surrey, gentleman); born, 1853; married , 1881, Mary E , dau. of George Gray, Esq., of London.
 * Imber Court, Thames Ditton, S.W.; 24, Old Buildings, Lincoln's Inn, W.C.

Corbett, Julian Stafford, LL.M., Trin. Coll., Camb., 1880, from Marlborough Coll., a student of the Middle Temple 12 Oct., 1874, called to the bar 13 June, 1877 (2nd son of Charles Joseph Corbett, of Imber Court, Thames Ditton, Surrey, gentleman); born 12 Nov., 1854.
 * Imber Court, Thames Ditton, Surrey; 3, King's Bench Walk, Temple, E.C.

Corbett, Uvedale, M.A., Christ Church, Oxon, 1843, J.P. Cheshire, revising barrister East Gloucestershire 1856-62, Local Government inspector 1871-6, Poor Law Board inspector 1862-71, a student of the Middle Temple 24 May, 1844, called to the bar 7 June, 1847 (eldest son of Uvedale Corbett, Esq., of Tottenhall, co. Stafford); born 28 Oct., 1818; married 8 Aug., 1848, Mary, dau. of late John Fryer, Esq., of the Wergs, co. Staff., and has issue.
 * Ashfield Hall, Neston, Cheshire; United University Club.

Cordeaux, William, B.A., St. John's Coll., Camb., 1872, a member of the North-eastern circuit, a student of the Middle Temple 25 Jan., 1869, called to the bar 27 Jan., 1873 (5th son of Rev. John Cordeaux, of Hoyland Vicarage, Barnsley, Yorkshire, clerk); born,.
 * 42, Bank Street, Sheffield; 12, King's Bench Walk, Temple, E.C.

Cordery, Arthur, B.A. Lincoln Coll., Oxon, author of Law relating to Solicitors, a student of the Inner Temple 19 March, 1869 (then aged 22), called to the bar 6 June, 1874 (youngest son of late John Cordery, of Hampstead, dec.); born, 1847.
 * 10, New Square, Lincoln's Inn, W.C.

Cornell, William, M.A., Clare Coll., Camb., 1869, LL.M. 1870, of Bengal civil service 1856-82, a student of the Inner Temple 29 Oct., 1869 (then aged 37), called to the bar 28 June, 1876 (only son of William Cornell, of Newington, Surrey, dec.); born, 1832.
 * 143, Cambridge Street, Pimlico, S.W.; East India United Service Club, 14, St. James' Square, S.W.

Cornish, Henry, associate King's Coll., London, a student of the Inner Temple 10 Nov., 1875 (then aged 36), called to the bar 26 Jan., 1882 (3rd son of late Robert Cornish, of Butleigh, Somerset, gent.); born, 1839.
 * 54, Adelaide Road, N.W.

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patterns of disadvantage or belongs to a group that suffers from such patterns of disadvantage;

the nature and extent of the discrimination;

whether the discrimination is systemic in nature;

whether the discrimination has a legitimate purpose;

whether and to what extent the discrimination achieves its purpose;

whether there are less restrictive and less disadvantageous means to achieve the purpose;

whether and to what extent the respondent has taken such steps as being reasonable in the circumstances to—

address the disadvantage which arises from or is related to one or more of the prohibited grounds; or

accommodate diversity.

Hate speech and harassment not subject to determination of fairness

15. In cases of hate speech and harassment section 14 does not apply.

CHAPTER 4

EQUALITY COURTS

Equality courts and presiding officers

16. (1) For the purposes of this Act, but subject to section 31—

every magistrate’s court and every High Court is an equality court for the area of its jurisdiction; and

any magistrate, additional magistrate and judge may be designated by the Minister, after consultation with the Judge President or the head of an administrative region defined in section 1 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), concerned, as the case may be, as a presiding officer of the equality court of the area in respect of which he or she is magistrate, additional magistrate or judge, as the case may be.

(2) A presiding officer must perform the functions and exercise the powers assigned to or conferred on him or her under this Act or any other law.

Clerks of equality courts

17. (1) (a) Subject to the laws governing the public service, the Director-General of the Department may, for every equality court, appoint or designate one or more officers in the Department, or may appoint one or more persons in the prescribed manner and on the prescribed conditions, as clerks of the equality court, who must generally assist the court to which they are attached in performing its functions and who must perform the functions as may be prescribed.

(b) If a clerk of an equality court is for any reason unable to act as such or if no clerk has been appointed or designated for any equality court under paragraph (a), the presiding officer concerned may designate any competent officer in the Department to act as clerk for as long as the said clerk is unable to act or until a clerk is appointed or designated under paragraph (a), as the case may be.

Witnesses

18. The attendance of witnesses and the payment of witness fees in cases arising from the application of this Act must be determined by the Minister in the prescribed manner.

Rules and court proceedings

19. (1) Except as is otherwise provided in this Act, the provisions of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944), and the Supreme Court Act, 1959 (Act No. 59 of 1959), and of the rules made thereunder as well as the rules made under the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), apply with the necessary changes required by the context to equality courts, in so far as these provisions relate to— te

the appointment and functions of officers;

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


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Rh “Isn’t it an awful shame, to turn you off merely because you didn’t pass the exam?”

“I don’t know,” said Beatrice coldly.

“Agatha says you’re as good as any teacher anywhere. It seems to me ridiculous. I wonder why you didn’t pass.”

“Short of brains, eh ’Postle?” said Beatrice briefly.

“Only brains to bite with,” replied Paul, laughing.

“Nuisance!” she cried; and, springing from her seat, she rushed and boxed his ears. She had beautiful small hands. He held her wrists while she wrestled with him. At last she broke free, and seized two handfuls of his thick, dark brown hair, which she shook.

“Beat!” he said, as he pulled his hair straight with his fingers. “I hate you!”

She laughed with glee.

“Mind!” she said. “I want to sit next to you.”

“I’d as lief be neighbours with a vixen,” he said, nevertheless making place for her between him and Miriam.

“Did it ruffle his pretty hair, then!” she cried; and, with her hair-comb, she combed him straight. “And his nice little moustache!” she exclaimed. She tilted his head back and combed his young moustache. “It’s a wicked moustache, ’Postle,” she said. “It’s a red for danger. Have you got any of those cigarettes?”

He pulled his cigarette-case from his pocket. Beatrice looked inside it.

“And fancy me having Connie’s last cig.,” said Beatrice, putting the thing between her teeth. He held a lit match to her, and she puffed daintily.

“Thanks so much, darling,” she said mockingly.

It gave her a wicked delight.

“Don’t you think he does it nicely, Miriam?” she asked.

“Oh, very!” said Miriam.

He took a cigarette for himself.

“Light, old boy?” said Beatrice, tilting her cigarette at him.

He bent forward to her to light his cigarette at hers. She was winking at him as he did so. Miriam saw his eyes trembling with mischief, and his full, almost sensual, mouth quivering. He was not himself, and she could not bear it. As he was now, she had no connection with him; she might as well not have existed. She saw the cigarette dancing on his full red lips. She hated his thick hair for being tumbled loose on his forehead.


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the issue and service of process;

the execution of judgments or orders;

the imposition of penalties for non-compliance with orders of court, for obstruction of execution of judgments or orders, and for contempt of court;

jurisdiction, subject to subsection (3),

and in so far as no other provision has been made in the regulations under section 30 of this Act.

(2) All proceedings before the court must be conducted in open court, except in so far as the court may direct otherwise in the interests of the administration of justice.

(3) (a) Subject to paragraph (b), nothing in this Act precludes a magistrates’ court sitting as an equality court from making an order contemplated in section 21(2), which exceeds the monetary jurisdiction of a magistrates’ court, in which case the order must be submitted in the prescribed manner to a judge of the High Court having jurisdiction for confirmation.

(b) The operation of paragraph (a), relating to the confirmation of an order, is suspended until any appeal contemplated in section 23 is finalised,

Institution of proceedings in terms of or under Act

20. (1) Proceedings under this Act may be instituted by—

any person acting in their own interest;

any person acting on behalf of another person who cannot act in their own name;

any person acting as a member of, or in rhe interests of, a group or class of persons;

any person acting in the public interest;

any association acting in the interests of its members;

the South African Human Rights Commission, or the Commission for Gender Equality.

(2) A person wishing to institute proceedings in terms of or under this Act must, in the prescribed manner, notify the clerk of the equality court of their intention to do so.

(3) (a) The clerk of the equality court must, within the prescribed period of receiving such notification, refer the matter to a presiding officer of the equality court in question, who must, within the prescribed period, decide whether the matter is to be heard in the equality court or whether it should be referred to another appropriate institution, body, court, tribunal or other forum (hereafter referred to as an alternative forum) which, in the presiding officer’s opinion, can deal more appropriately with the matter in terms of that alternative forum’s powers and functions.

(b) If the presiding officer decides that the matter is to be heard in the equality court, the presiding officer must refer the matter to the clerk of the equality court who must within the prescribed period of such referral assign a date of hearing of the matter.

(4) The presiding officer, before making a decision to refer a matter as contemplated in subsection (3), must take all relevant circumstances into account, including the following:

The personal circumstances of the parties and particularly the complainant;

the physical accessibility of any contemplated alternative forum;

the needs and wishes of the parties and particularly the complainant;

the nature of the intended proceedings and whether the outcome of the proceedings could facilitate the development of judicial precedent and jurisprudence in this area of the law;

the views of the appropriate functionary at any contemplated alternative forum.

(5) (a) If the presiding officer decides that the matter must be referred to an alternative forum he or she must, in the prescribed manner, make an order, directing the clerk of the equality court to transfer the matter to the alternative forum mentioned in the order.

(b) When making an order contemplated in paragraph (a), the presiding officer may attach to the order any comments he or she deems necessary for the attention of the alternative forum.

(6) On receipt of an order referred to in subsection (5), the clerk of the equality court must transfer the matter and notify the parties to the matter of the transfer in the prescribed manner.

(7) On receipt of a matter transferred to it, the alternative forum in question must deal with the matter expeditiously in terms of its powers and functions.


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Rh christening of his child (, ii. 490), according to rumour narrowly escaping capture by the Earl of Moray and his confederates on the way. Livingstone after the marriage accompanied the queen in the roundabout raid against Moray (Reg. P. C. Scotl. i. 379). He was one of those who on 7 Feb. 1566 refused the queen's order to attend mass (Illustrations of the Reign of Queen Mary, Bannatyne Club, p. 153). At the time of the murder of Rizzio on 9 March he was in attendance on the queen in Holyrood, but succeeded in making his escape from the palace. Mary, on her journey from Edinburgh to Glasgow to visit Darnley in his sickness, stayed a night at Callendar, and in one of the casket letters is represented as recording an allusion made by Lord Livingstone to Bothwell's passion for her. There is no evidence that Livingstone was concerned in the murder of Darnley, although he was in Edinburgh when it happened (, ii. 343). He was in attendance on the queen at Seton, whither she went shortly after the murder (Cal. State Papers, For. Ser. 1566–1568, entry 977), but after her marriage to Bothwell he seems to have held aloof from her, and was not present when she surrendered at Carberry. He, however, signed the bond to deliver her from Lochleven, fought for her at Langside, and accompanied her in her flight from the battle. On 18 May 1568, after crossing the Solway, he arrived with her at Workington in Cumberland (ib. entry 2199). On the 24th of the same month he was charged to render up his castle of Callendar (Reg. P. C. Scotl. i. 626).

Queen Mary appointed him one of her commission to York, and he was again in England as Mary's agent in the summer of 1570. He returned to Scotland in July (Cal. State Papers, For. Ser. 1569–71, entry 1062), and in August he sent to his servant, George Livingstone, for delivery on his behalf to the Earl of Sussex an explanation of the motives which had induced the lords of the queen's party to take up arms (ib. Scott. Ser. p. 299). During the hostilities in Scotland he remained abroad. On 4 July 1572 sureties appeared for him to give security that his castle of Callendar would be delivered up to the regent on fifteen days' warning, and on this condition his wife and household servants were permitted to remain in it (Reg. P. C. Scotl. ii. 130). On 7 April 1573 the Regent Morton wrote to Burghley, asking that Lord Livingstone, who was on his way from France to England, should be prevented from coming to Scotland (Cal. State Papers, Scott. Ser. p. 372). On 14 April Livingstone appealed to Morton from London to procure a license from Elizabeth for his return (ib. p. 373), and ultimately he obtained leave from the regent on 13 June to return (ib. p. 850). On the 22nd of the following March he was declared to have made due obedience to the government, and was relieved of his bonds and cautions (Reg. P. C. Scotl. ii. 351).

Livingstone was one of the nobles who in 1577 advised the king to abolish the regency and take the government into his own hands, and when Morton retook possession of Stirling Castle joined the lords who assembled against him at Falkirk. His hostility to Morton was probably in part due to the fact that the revocation of grants of domains of the crown affected an estate which had been bestowed by Queen Mary on his sister, Mary Livingstone. He became a supporter of the Duke of Lennox, and ultimately was supposed to incline to the catholic religion, although his action was less pronounced than that of his son Alexander, seventh lord. Robert Bruce, in a letter to the Duke of Parma on 24 July 1589, stated that one portion of the money sent from Spain was ‘in the principal house of my Lord Livingstone, a very Catholic lord’ (, v. 22); but those subsequently sent by King James to search for the money ‘returned without it, and the Lord Livingstone came in to the king’ (ib. p. 36). On 6 March 1589–90 he was appointed one of a commission for enforcing the laws against the jesuits (Reg. P. C. Scotl. iv. 464). He walked in procession at the coronation of Queen Anne in the following May ({{sc|Calderwood}, v. 96). He died in 1592.

By his wife Agnes Fleming, second daughter of the third Lord Fleming, he had four sons—Alexander, seventh lord Livingstone, and first earl of Linlithgow [q. v.]; Henry, who died young; Sir George Livingstone of Ogilface, Linlithgowshire; and Sir William Livingstone of West Quarter—and two daughters: Jean, married to Alexander, fourth lord Elphinstone, and Margaret, to Sir Lewis Bellenden of Auchinoul.

LIVINGUS (d. 1046), bishop of Crediton. [See .]

LIVINUS, (d. 656?), is known as the Apostle of Brabant. The proof of his existence turns upon the genuineness of a metrical epistle and epitaph which he is believed to have written, and which, if genuine, affords some little authentic material for his


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206 “Sweet boy!” said Beatrice, tipping up his chin and giving him a little kiss on the cheek.

“I s’ll kiss thee back, Beat,” he said.

“Tha wunna!” she giggled, jumping up and going away. “Isn’t he shameless, Miriam?”

“Quite,” said Miriam. “By the way, aren’t you forgetting the bread?”

“By Jove!” he cried, flinging open the oven-door. Out puffed the bluish smoke and a smell of burned bread.

“Oh, golly!” cried Beatrice, coming to his side. He crouched before the oven, she peered over his shoulder. “This is what comes of the oblivion of love, my boy.”

Paul was ruefully removing the loaves. One was burnt black on the hot side; another was hard as a brick.

“Poor mater!” said Paul.

“You want to grate it,” said Beatrice. “Fetch me the nutmeg-grater.”

She arranged the bread in the oven. He brought the grater, and she grated the bread on to a newspaper on the table. He set the doors open to blow away the smell of burned bread. Beatrice grated away, puffing her cigarette, knocking the charcoal off the poor loaf.

“My word, Miriam! you’re in for it this time,” said Beatrice.

“I!” exclaimed Miriam in amazement.

“You’d better be gone when his mother comes in. I know why King Alfred burned the cakes. Now I see it! ’Postle would fix up a tale about his work making him forget, if he thought it would wash. If that old woman had come in a bit sooner, she’d have boxed the brazen thing’s ears who made the oblivion, instead of poor Alfred’s.”

She giggled as she scraped the loaf. Even Miriam laughed in spite of herself. Paul mended the fire ruefully.

The garden-gate was heard to bang.

“Quick!” cried Beatrice, giving Paul the scraped loaf. “Wrap it up in a damp towel.”

Paul disappeared into the scullery. Beatrice hastily blew her scrapings into the fire, and sat down innocently. Annie came bursting in. She was an abrupt, quite smart young woman. She blinked in the strong light.

“Smell of burning!” she exclaimed.

“It’s the cigarettes,” replied Beatrice demurely.

“Where’s Paul?”


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(8) If the alternative forum referred to in subsection (7)—

fails to deal with the matter within a reasonable period in the circumstances;

is not able to resolve the matter to the satisfaction of one or both the parties and one or both parties so request,

the alternative forum must, in the prescribed manner, refer the matter back to the equality court from which it was transferred, for adjudication, within the prescribed period from the date on which it was returned to the equality court.

(9) The State and constitutional institutions must, as far as reasonably possible, assist any person wishing to institute proceedings in terms of or under this Act, amongst others, by ensuring that the person is directed to the appropriate functionary in order to take the necessary action in the furtherance of the matter in question.

Powers and functions of equality court

21. (1) The equality court before which proceedings are instituted in terms of or under this Act must hold an inquiry in the prescribed manner and determine whether unfair discrimination, hate speech or harassment, as the case may be, has taken place, as alleged.

(2) After holding an inquiry, the court may make an appropriate order in the circumstances, including—

an interim order;

a declaratory order:

an order making a settlement between the parties to the proceedings an order of court;

an order for the payment of any damages in respect of any proven financial loss, including future loss, or in respect of impairment of dignity, pain and suffering or emotional and psychological suffering, as a result of the unfair discrimination, hate speech or harassment in question;

after hearing the views of the parties or, in the absence of the respondent, the views of the complainant in the matter, an order for the payment of damages in the form of an award to an appropriate body or organisation;

an order restraining unfair discriminatory practices or directing that specific steps be taken to stop the unfair discrimination, hate speech or harassment;

an order to make specific opportunities and privileges unfairly denied in the circumstances, available to the complainant in question;

an order for the implementation of special measures to address the unfair discrimination, hate speech or harassment in question;

an order directing the reasonable accommodation of a group or class of persons by the respondent;

an order that an unconditional apology be made;

an order requiring the respondent to undergo an audit of specific policies or practices as determined by the court;

an appropriate order of a deterrent nature, including the recommendation to the appropriate authority, to suspend or revoke the licence of a person;

a directive requiring the respondent to make regular progress reports to the court or to the relevant constitutional institution regarding the implementation of the court’s order;

an order directing the clerk of the equality court to submit the matter to the Director of Public Prosecutions having jurisdiction for the possible institution of criminal proceedings in terms of the common law or relevant legislation;

an appropriate order of costs against any party to the proceedings;

an order to comply with any provision of the Act.

(3) An order made by an equality court in terms of or under this Act has the effect of an order of the said court made in a civil action, where appropriate.

(4) The court may, during or after an inquiry, refer—

its concerns in any proceedings before it, particularly in the case of persistent contravention or failure to comply with a provision of this Act or in the case of systemic unfair discrimination, hate speech or harassment to any relevant constitutional institution for further investigation;

any proceedings before it to any relevant constitutional institution or appropriate body for mediation, conciliation or negotiation.


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Rh Leonard had followed Annie. He had a long comic face and blue eyes, very sad.

“I suppose he’s left you to settle it between you,” he said. He nodded sympathetically to Miriam, and became gently sarcastic to Beatrice.

“No,” said Beatrice, “he’s gone off with number nine.”

“I just met number five inquiring for him,” said Leonard.

“Yes—we’re going to share him up like Solomon’s baby,” said Beatrice.

Annie laughed.

“Oh, ay,” said Leonard. “And which bit should you have?”

“I don’t know,” said Beatrice. “I’ll let all the others pick first.”

“An’ you’d have the leavings, like?’ said Leonard, twisting up a comic face.

Annie was looking in the oven. Miriam sat ignored. Paul entered.

“This bread’s a fine sight, our Paul,” said Annie.

“Then you should stop an’ look after it,” said Paul,

“You mean you should do what you’re reckoning to do,’ replied Annie.

“He should, shouldn’t he!” cried Beatrice.

“I s’d think he’d got plenty on hand,” said Leonard.

“You had a nasty walk, didn’t you, Miriam?” said Annie.

“Yes—but I’d been in all week——”

“And you wanted a bit of a change, like,” insinuated Leonard kindly.

“Well, you can’t be stuck in the house for ever,” Annie agreed. She was quite amiable. Beatrice pulled on her coat, and went out with Leonard and Annie. She would meet her own boy.

“Don’t forget that bread, our Paul,” cried Annie. “Good night, Miriam. I don’t think it will rain.”

When they had all gone, Paul fetched the swathed loaf, unwrapped it, and surveyed it sadly.

“It’s a mess!” he said.

“But,” answered Miriam impatiently, “what is it, after all—twopence ha’penny.”

“Yes, but it’s the mater’s precious baking, and she’ll take it to heart. However, it’s no good bothering.”

He took the loaf back into the scullery. There was a little distance between him and Miriam. He stood balanced opposite her for some moments considering, thinking of his


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(5) The court has all ancillary powers necessary or reasonably incident to the performance of its functions and the exercise of its powers, including the power to grant interlocutory orders or interdicts.

Assessors

22. (1) In any proceedings in terms of or under this Act, the court may, at the request of either party, or of its own accord if the presiding officer considers it to be in the interests of justice, summon to its assistance one or two persons who are suitable and available and who may be willing to sit and act as assessors.

(2) Assessors appointed in terms of subsection (1) are, subject to subsection (3), deemed to be members of the court for purposes of this Act.

(3) Any matter of law arising for decision at the proceedings concerned and any question as to whether a matter for decision is a matter of fact or a matter of law must be decided by the presiding officer in the prescribed manner.

(4) On all matters of fact the finding or decision of the majority of the members of the court is the finding or decision of the court, and in the event of one assessor, the finding or decision of the court prevails.

(5) (a) If an assessor dies, or in the opinion of the presiding officer becomes unable to act as an assessor, or is for any reason absent, or has been ordered to recuse himself or herself or has recused himself or herself, at any stage before the completion of the proceedings concerned, the presiding officer may, in the interests of justice and after due consideration of the arguments put forward by the parties to the proceedings or their legal representatives—

direct that the proceedings continue before the remaining member or members of the court;

direct that the proceedings start afresh; or

if an assessor is absent, postpone the proceedings in order to obtain the assessor’s presence.

(b) The presiding officer must give reasons for any direction referred to in subparagraph (i) or (ii).

(6) (a) A presiding officer who is assisted by assessors at an enquiry where a party to the proceedings has an order made against him or her must record the reasons for his or her opinion—

if that party to the proceedings is not assisted by a legal representative; and

if the presiding officer is of the opinion that the assessors concerned have clearly made an incorrect finding.

(b) The clerk of the equality court must as soon as is practicable, submit those reasons and the record to the appeal court in question for review in the prescribed manner.

(c) The appeal court has the power to confirm the said findings or to make any appropriate order in respect of such finding that, in the opinion of the appeal court, should have been made in the circumstances.

Appeals and reviews

23. (1) Any person aggrieved by any order made by an equality court in terms of or under this Act may, within such period and in such manner as may be prescribed, appeal against such order to the High Court having jurisdiction or the Supreme Court of Appeal, as the case may be.

(2) On appeal, the High Court or the Supreme Court of Appeal, as the case may be, may make such order in the matter as it may deem fit.

(3) Notwithstanding subsection (1), any person aggrieved by any order made by an equality court may, subject to the rules of the Constitutional Court, appeal directly to the Constitutional Court.

(4) In the event of conflicting decisions being made by presiding officers in matters in respect of paragraph (b) of the definition of “prohibited grounds”, the Minister may refer a stated case to the Supreme Court of Appeal or the Constitutional Court for a determination.

(5) (a) If a presiding officer in a magistrates’ court makes a determination relating to a ground of discrimination referred to in paragraph (b) of the definition of “prohibited grounds”, the decision must, after the finalisation of the proceedings and in the prescribed manner, be submitted to the High Court having jurisdiction for review.


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208 behaviour with Beatrice. He felt guilty inside himself, and yet glad. For some inscrutable reason it served Miriam right. He was not going to repent. She wondered what he was thinking of as he stood suspended. His thick hair was tumbled over his forehead. Why might she not push it back for him, and remove the marks of Beatrice’s comb? Why might she not press his body with her two hands. It looked so firm, and every whit living. And he would let other girls, why not her?

Suddenly he started into life. It made her quiver almost with terror as he quickly pushed the hair off his forehead and came towards her.

“Half-past eight!” he said. “We’d better buck up. Where’s your French?”

Miriam shyly and rather bitterly produced her exercise-book. Every week she wrote for him a sort of diary of her inner life, in her own French. He had found this was the only way to get her to do compositions. And her diary was mostly a love-letter. He would read it now; she felt as if her soul’s history were going to be desecrated by him in his present mood. He sat beside her. She watched his hand, firm and warm, rigorously scoring her work. He was reading only the French, ignoring her soul that was there. But gradually his hand forgot its work. He read in silence, motionless. She quivered.

“” he read. “”

Miriam sat tremulous, half ashamed. He remained quite still, trying to understand. He only knew she loved him. He was afraid of her love for him. It was too good for him, and he was inadequate. His own love was at fault, not hers. Ashamed, he corrected her work, humbly writing above her words.

“Look,” he said quietly, “the past participle conjugated with avoir agrees with the direct object when it precedes.”

She bent forward, trying to see and to understand. Her free, fine curls tickled his face. He started as if they had been red hot, shuddering. He saw her peering forward at the


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Rh biography. The epistle is addressed to his friend Florbert, who was abbot of the foundation at Ghent, afterwards called St. Bavo's, and died in 661, and the epitaph is on St. Bavo, who died in 654. The epistle seems to show that Livinus was of episcopal rank. Bale claimed Livinus as the author of an epitaph on St. Bavo (Script. Illustr. 1557, Basle, ii. 190). It and the epistle were first printed by Ussher (Sylloge, p. 19), who does not say whence he obtained them. Ghesquière was acquainted with another manuscript version. Moll regards both as genuine, and mentions a manuscript of the epitaph (No. 16886) in the Burgundian Library at Brussels. This belongs to the sixteenth century, and is preceded by a French note stating that it was copied from an inscription on stone (Kerkgeschiedenis van Nederland, 1864, p. 77, n. 2). Rettberg (Kirchengesch. Deutschlands, 1846, ii. 510) was the first to question the genuineness of the epistle, on the ground that the author plainly foretells his own martyrdom; while he describes Hauthem in dark colours, possibly in foreknowledge of the place of his martyrdom; prophesies the destruction of Ghent, probably alluding to its fall in the ninth century; and uses a poetical license in saying that the poems were written while Florbert's messengers waited. A stronger argument may be based on the style of the versification, which for the seventh century is remarkably polished (Hist. Litt. de la France, iii. 585; Dict. Christ. Biog. s. v.) Further, it is surprising that, if Livinus existed, he should be unknown to martyrologists till the eleventh century.

Mention is made of him in the Brussels version of Usuard (, cxxiv. 687), but that version must have been written after the translation of what was alleged to be St. Livinus's remains to Ghent in 1007. In the eleventh century legend respecting him was abundant. The account supplied by the Brussels version of Usuard agrees with that in the eleventh-century life of St. Florbert (, Annales S. Petri, Blandin, pp. 26, 45). According to these late authorities Livinus was of Scottish or Irish race, an archbishop of Ireland, who came to Ghent in 633 with three disciples, was kindly received by Florbert, and after preaching in Brabant was martyred at the village of Escha, 12 Nov., and was buried at Hauthem. A legendary life of Livinus by a writer named Boniface dates at the earliest from the eleventh century ; it is full of anachronisms, and historically worthless ( and, Councils, iii. 4). In 1007 Erembold, abbot of St. Bavo's, is said to have translated Livinus's relics from Hauthem to Ghent; of this an account is given by an anonymous monk at the end of the eleventh century, who alone speaks of an elevation of the relics at Hauthem in 842, by Theodoric, bishop of Cambrai (, Acta, sæc. vi., i. 65). Erembold's action probably led Boniface to write Livinus's life, and was also the cause of the entries in the life of Florbert and in the martyrologies and the Ghent office (, Natales SS. Belg.) His day, according to these authorities, was 12 Nov.

LIVIUS, TITUS (fl. 1437), historian, calls himself Titus Livius de Frulovisiis, of Ferrara. Hearne connects De Frulovisiis with Friuli, and calls him Forojuliensis. Whether Titus Livius was the historian's real name, or assumed in allusion to the historical model he set before himself, is disputed. He certainly bore it before writing the history by which alone he is now known, and Livius occurs as an Italian family name in the next century. As a boy his imagination was, he tells us, fired by the reports of the achievements of Henry V of England, and when, after the death of that king, a restless humour and family misfortunes drove him from Italy to seek his fortune, he made his way to England, where he found a patron in Humphrey, duke of Gloucester [q. v.] Gloucester made him his poet and orator, and ultimately procured for him letters of denization in 1437 (Fœdera, x. 661). At some date subsequent to this he wrote his ‘Vita Henrici Quinti, Regis Invictissimi’ at the instigation of and largely from information supplied by Gloucester. He dedicated it to Henry VI, who, according to a manuscript seen by Hearne (Preface, p. vii), made him one of his privy councillors. There is also attributed to him an ‘Elogium episcopi Bathoniensis’ in hexameter verse (, p. 483), which seems to be lost.

LIXNAW,. [See, 1551?–1600; , 1502–1590; , 1574–1630.]

LIZARS, JOHN (1787?–1860), surgeon, son of Daniel Lizars, a publisher, was born at Edinburgh about 1787. His brother, William Home Lizars [q. v.], is separately noticed, and a sister, Jane Home, married Sir William


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(b) The High Court in question must, after considering the matter, make a determination in respect of the ground referred to in subsection (5)(a) and thereafter may make any order in terms of this Act as it deems fit.

(c) The operation of subsection (5)(a) is suspended until any appeal contemplated in this section is finalised.

CHAPTER 5

PROMOTION OF EQUALITY

General responsibility to promote equality

24. (1) The State has a duty and responsibility to promote and achieve equality.

(2) All persons have a duty and responsibility to promote equality.

Duty of State to promote equality

25. (1) The State must, where necessary with the assistance of the relevant constitutional institutions—

develop awareness of fundamental rights in order to promote a climate of understanding, mutual respect and equality;

take measures to develop and implement programmed in order to promote equality; and

where necessary or appropriate—

develop action plans to address any unfair discrimination, hate speech or harassment;

enact further legislation that seeks to promote equality and to establish a legislative framework in line with the objectives of this Act;

develop codes of practice as contemplated in this Act in order to promote equality, and develop guidelines, including codes in respect of reasonable accommodation;

provide assistance, advice and training on issues of equality;

develop appropriate internal mechanisms to deal with complaints of unfair discrimination, hate speech or harassment;

conduct information campaigns to popularise this Act.

(2) The South African Human Rights Commission and other relevant constitutional institutions may, in addition to any other obligation, in terms of the Constitution or any law, request any other component falling within the definition of the State or any person to supply information on any measures relating to the achievement of equality including, where appropriate, on legislative and executive action and compliance with legislation, codes of practice and programmes.

(3) In addition to the powers and functions of the constitutional institutions these institutions are also competent to—

assist complainants in instituting proceedings in an equality court, particularly complainants who are disadvantaged;

conduct investigations into cases and make recommendations as directed by the court regarding persistent contravention of this Act or cases of unfair discrimination, hate speech or harassment referred to them by an equality court;

request from the Department, in the prescribed manner. regular reports regarding the number of cases and the nature and outcome thereof.

(4) All Ministers must implement measures within the available resources which are aimed at the achievement of equality in their areas of responsibility by—

eliminating any form of unfair discrimination or the perpetuation of inequality in any law, policy or practice for which those Ministers are responsible; and

preparing and implementing equality plans in the prescribed manner, the contents of which must include a time frame for implementation of such plans, formulated in consultation with the Minister of Finance.

(5) (a) The equality plans must, within two years after the commencement of this Act, be submitted to the South African Human Rights Commission to be dealt with in the prescribed manner.

(b) The South African Human Rights Commission must consult with the Commission on Gender Equality when dealing with the plans contemplated in paragraph (a).


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Rh Jardine of Applegirth, seventh baronet. He was educated at Edinburgh High School and University, and having obtained his medical diploma by 1810, he acted as surgeon on board a man-of-war commanded by Admiral Sir Charles Napier, and saw active service on the Portuguese coast, during the Peninsular war, under Lord Exmouth. Returning to Edinburgh in 1815, he was admitted a fellow of the Royal College of Surgeons of that city, and became a partner with John Bell, his old medical tutor, and Robert Allan, both well-known surgeons in Edinburgh. He was highly successful, first in partnership and afterwards alone, as a teacher of anatomy and surgery, and in 1831 was appointed to succeed John Turner as professor of surgery in the Royal College of Surgeons, Edinburgh. With this appointment he combined that of senior operating surgeon of the Royal Infirmary, in which post Robert Liston [q. v.] was his colleague. He had in 1822 issued the work by which he is chiefly known, ‘A System of Anatomical Plates of the Human Body, accompanied with Descriptions, and Physiological, Pathological, and Surgical Observations,’ Edinburgh, fol. Although the letterpress is necessarily out of date, the numerous and beautifully executed plates (done by his brother William under Lizars's close supervision) are still valuable to the anatomical student. They were extensively used by medical students of the last generation. It was followed in 1835 by ‘Observations on Extraction of diseased Ovaria, illustrated by [five] Plates coloured after Nature,’ 1835, fol., and in 1835 by a ‘System of Practical Surgery, with numerous explanatory Plates, the Drawings after Nature,’ Edinburgh, 8vo. The chief blemish on these works was the bitterness with which Lizars condemned external urethrotomy as practised by James Syme [q. v.], afterwards professor of clinical surgery in the university of Edinburgh, who had been an unsuccessful competitor for the post held by Lizars. The latter subsequently went so far as to insinuate in a public lecture that Syme had endangered a patient's life and ruined his health by want of care in averting hemorrhage after an operation. This was followed by a lawsuit, in which Syme claimed 1,100l. damages for false and malicious statement, and although the suit does not appear to have been successful, Syme succeeded in dissuading the College of Surgeons from re-electing a professor of surgery when Lizars's tenure of the office determined. Though a successful as well as an intrepid operator, and an able contributor to the chief medical journals, Lizars was unable (no doubt partly owing to certain eccentricities, both of manner and conduct) to obtain any further public appointment, and his private practice had greatly declined previous to his sudden death, not without suspicion of laudanum, on 21 May 1860.

Lizars introduced into surgery the operation for the removal of the upper jaw, and his name is commemorated in the medical profession by the well-known ‘Lizars lines.’

LIZARS, WILLIAM HOME (1788–1859), painter and engraver, son of Daniel Lizars, and brother of John Lizars [q. v.], was born at Edinburgh in 1788, and was educated at the high school there. His father was a publisher and an engraver of some merit, who had been a pupil of Andrew Bell (1726–1809) [q. v.], and engraved many portraits as book illustrations. Lizars was first apprenticed to his father, from whom he learnt engraving, and then entered as a student under John Graham (1754–1817) [q. v.] in the Trustees' Academy at Edinburgh, where he was a fellow-student with Sir David Wilkie. From 1808 to 1815 he was a frequent exhibitor of portraits, or of sacred and domestic subjects, at exhibitions in Edinburgh. In 1812 he sent two pictures to the Royal Academy in London, ‘Reading the Will’ and ‘A Scotch Wedding.’ They were much admired, were hung on the line, and were engraved. They are now in the National Gallery of Scotland at Edinburgh. In 1812, on the death of his father, Lizars was compelled to carry on the business of engraving and copperplate printing in order to support his mother and family. He engraved ‘The Ommeganck at Antwerp,’ after G. Wappers, for the ‘Royal Gallery of Art,’ and ‘Puck and the Fairies,’ after R. Dadd. He also engraved numerous plates of Scottish scenery for various publications, and the ‘Anatomical Plates’ of 1822 for his brother. Lizars perfected a method of etching which performed all the functions of wood-engraving in connection with the illustration of books. He died in Edinburgh on 30 March 1859, leaving a widow and family. Lizars took an active part in the foundation of the Royal Scottish Academy, and two pictures of churches by him are in the Academy's collection. There is a pencil drawing by him, done in 1815, of John Flaxman, R.A. [q. v.], in the Scottish National Portrait Gallery at Edinburgh.


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26. It is the responsibility of any person directly or indirectly contracting with the State or exercising public power to promote equality by—

adopting appropriate equality plans, codes, regulatory mechanisms and other appropriate measures for the effective promotion of equality in the spheres of their operation;

enforcing and monitoring the enforcement of the equality plans. codes and regulatory mechanisms developed by them; and

making regular reports to the relevant monitoring authorities or institutions as may be provided in regulations, where appropriate.

Social commitment by all persons to promote equality

27. (1) Pursuant to section 26, all persons, non-governmental organisations, community-based organisations and traditional institutions must promote equality in their relationships with other bodies and in their public activities.

(2) The Minister must develop regulations in relation to this Act and other Ministers may develop regulations in relation to other Acts which require companies, closed corporations, partnerships, clubs, sports organisations, corporate entities and associations, where appropriate, in a manner proportional to their size, resources and influence, to prepare equality plans or abide by prescribed codes of practice or report to a body or institution on measures to promote equality.

Special measures to promote equality with regard to race, gender and disability

28. (1) If it is proved in tie prosecution of any offence that unfair discrimination on the grounds of race, gender or disability played a part in the commission of the offence, this must be regarded as an aggravating circumstance for purposes of sentence.

(2) The South African Human Rights Commission must, in its report referred to in section 15 of the Human Rights Commission Act, 1994 (Act No. 54 of 1994), include an assessment on the extent to which unfair discrimination on the grounds of race, gender and disability persists in the Republic, the effects thereof and recommendations on how best to address the problems.

(3) (a) The State, institutions performing public functions and all persons have a duty and responsibility, in particular to—

eliminate discrimination on the grounds of race, gender and disability;

promote equality in respect of race, gender and disability.

(b) In carrying out the duties and responsibilities referred to in paragraph (a), the State, institutions performing public functions and, where appropriate and relevant, juristic and non-juristic entities, must—

audit laws, policies and practices with a view to eliminating all discriminatory aspects thereof;

enact appropriate laws, develop progressive policies and initiate codes of practice in order to eliminate discrimination on the grounds of race, gender and disability;

adopt viable action plans for the promotion and achievement of equality in respect of race, gender and disability; and

give priority to the elimination of unfair discrimination and the promotion of equality in respect of race, gender and disability.

Illustrative list of unfair practices in certain sectors

29. (1) Without detracting from the generality of the provisions of this Act, the Schedule to this Act is intended to illustrate and emphasise some practices which are or may be unfair, that are widespread and that need to be addressed.

(2) The State must, where appropriate, ensure that legislative and other measures are taken to address the practices referred to in subsection (1).

(3) The Minister must, on the recommendation of the Equality Review Committee, on an ongoing basis, assess the relevance of the practices contained in the Schedule for puroses of expanding, altering, varying or amending the list of practices in the Schedule.

(4) The Schedule is also intended to provide an illustrative list of practices that are or may be unfair discrimination in order to—


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209 page, her red lips parted piteously, the black hair springing in fine strands across her tawny, ruddy cheek. She was coloured like a pomegranate for richness. His breath came short as he watched her. Suddenly she looked up at him. Her dark eyes were naked with their love, afraid, and yearning. His eyes, too, were dark, and they hurt her. They seemed to master her. She lost all her self-control, was exposed in fear. And he knew, before he could kiss her, he must drive something out of himself. And a touch of hate for her crept back again into his heart. He returned to her exercise.

Suddenly he flung down the pencil, and was at the oven in a leap, turning the bread. For Miriam he was too quick. She started violently, and it hurt her with real pain. Even the way he crouched before the oven hurt her. There seemed to be something cruel in it, something cruel in the swift way he pitched the bread out of the tins, caught it up again. If only he had been gentle in his movements she would have felt so rich and warm. As it was, she was hurt.

He returned and finished the exercise.

“You’ve done well this week,” he said.

She saw he was flattered by her diary. It did not repay her entirely.

“You really do blossom out sometimes,” he said. “You ought to write poetry.”

She lifted her head with joy, then she shook it mistrustfully.

“I don’t trust myself,” she said.

“You should try!”

Again she shook her head.

“Shall we read, or is it too late?” he asked.

“It is late—but we can read just a little,” she pleaded.

She was really getting now the food for her life during the next week. He made her copy Baudelaire’s “Le Balcon.” Then he read it for her. His voice was soft and caressing, but growing almost brutal. He had a way of lifting his lips and showing his teeth, passionately and bitterly, when he was much moved. This he did now. It made Miriam feel as if he were trampling on her. She dared not look at him, but sat with her head bowed. She could not understand why he got into such a tumult and fury. It made her wretched. She did not like Baudelaire, on the whole—nor Verlaine. 14


text: The Kernel and the Husk/What is Worship?


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address and eliminate these practices; and

assist persons in interpreting their experiences and practices.

(5) The illustrative list of practices in the Schedule is not conclusive and must be considered and revised by the Equality Review Committee on a continuous basis.

CHAPTER 6

GENERAL PROVISIONS AND IMPLEMENTATION OF ACT

Regulations

30. (1) The Minister may, and where required in the circumstances, must, make regulations relating to—

the procedures to be followed at or in connection with an inquiry in terms of or under this Act, including the manner in which proceedings must be instituted, the referral of matters contemplated in section 20 and the hearing of urgent matters;

the form of any application, authority, certificate, consent, notice, order, process, register or subpoena to be made, given, issued or kept in terms of or under this Act, and any other form required in carrying out the provisions of this Act;

the granting of legal aid at State expense in appropriate cases in consultation with the Legal Aid Board;

the appearance of persons on behalf of the parties to the proceedings in court, which may include suitable persons other than attorneys or advocates;

the appointment, powers, duties and functions of a clerk of an equality court;

the attendance of witnesses in cases arising from the application of this Act and the payment of witness fees;

the confirmation of court orders emanating from magistrates’ courts sitting as equality courts as contemplated in section 19(3)(a);

the procedure to be followed at, and criteria to be applied for, the designation and registration of persons from the community who are suitable and available to serve as assessors in each equality court;

the method to be followed in respect of the allocation of assessors in respect of proceedings in terms of or under this Act;

the factors to be taken into account by an equality court when deciding whether to summon assessors in the administration of justice;

the taking of the oath or making an affirmation by assessors;

the role of presiding officers and the procedure to be followed in cases where an equality court is assisted by assessors;

the recusal of assessors and the procedure to be followed in the case of such recusal;

a code of conduct for such assessors, and mechanisms for the enforcement of the code of conduct, including the liability of an assessor if any provision of the code of conduct is contravened by him or her;

the establishment of a mechanism to deal with any grievance or complaint by or against an assessor:

the training of assessors;

the payment of allowances to assessors;

any other matter which is necessary to prescribe in order to regulate the service of assessors in the equality courts;

the procedures to be followed at or in connection with appeals or reviews as contemplated in section 23;

the reports contemplated in sections 25(3)(c) and 26(c) and the equality plans contemplated in section 25(4)(b) and (5)(a) and section 27(2);

the translation of this Act into the official languages and the distribution thereof as contemplated in section 31(2)(b);

the powers and functions of the Equality Review Committee contemplated in section 33;

any matter required or permitted to be prescribed by regulation under this Act;

any other matter which is necessary to prescribe in order to achieve the objects of this Act.


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(2) Any regulation made under this section which may result in expenditure for the State, must be made in consultation with the Minister of Finance.

(3) A regulation made under this section may provide that any person who contravenes a provision thereof or fails to comply therewith is guilty of an offence and on conviction is liable to a fine or to imprisonment for a period not exceeding 12 months.

(4) (a) Any regulation made under this section must be tabled in Parliament 30 days before publication thereof in the Gazette, if Parliament is then in session.

(b) If Parliament is not in session as contemplated in paragraph (a), the regulations must be submitted to the Speaker of Parliament, 30 days before publication thereof in the Gazette.

(5) The regulations made in terms of this section, and particularly subsection (1)(a) relating to the procedure at an inquiry, must, as far as possible, ensure that the application of the Act is simple, fair and affordable.

Implementation of Act

31. (1) Despite section 16(1)(a) and (b), and until the Minister determines by notice in the Gazette, no proceedings may be instituted in any court unless—

a presiding officer is available who has been designated, by reason of his or her training, experience, expertise and suitability in the field of equality and human rights; and

one or more trained clerks are available.

(2) For purposes of giving full effect to this Act and making the Act as accessible as possible—

and in giving effect to subsection (1), the Minister may designate suitable magistrates, additional magistrates or judges, as the case may be, and clerks referred to in subsection (1) as presiding officers and clerks, respectively, for one or more equality courts;

the Minister must make the Act available in all official languages in the prescribed manner within a period of two years after the commencement of this Act.

(3) The Minister must take all reasonable steps within the available resources of the Department to designate at least one presiding officer and ensure that a trained clerk is available for each court in the Republic.

(4) The Minister must, after consultation with the Magistrates Commission and the Judicial Service Commission, issue policy directives and develop training courses with a view to—

establishing uniform norms, standards and procedures to be observed by presiding officers and clerks in the performance of their functions and duties and in the exercise of their powers; and

building a dedicated and experienced pool of trained and specialised presiding officers and clerks.

(5) The Minister must table a copy of any policy directive issued in terms of subsection (4) in Parliament within a reasonable period after the finalisation thereof.

CHAPTER 7

REVIEW OF ACT, SHORT TITLE AND COMMENCEMENT

Establishment of Equality Review Committee

32. The Minister must, immediately, upon promulgation of this Act, by notice in the Gazette, establish an Equality Review Committee and appoint members, consisting of—

a senior judicial officer with appropriate qualifications;

the Chairperson of the South African Human Rights Commission;

the Chairperson of the Commission on Gender Equality;

a representative of civil society;

an expert in the field of human rights, especially the right to equality;

a member of the National Assembly;

a member of the National Council of Provinces.


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126 Power of God, no less than the Righteousness and the Love of God, was incarnate in the person of Jesus, it would have been no less manifest in His life and works. But you desire to reduce Him to a being in no way distinguishable from other men except by superior moral excellence. There is, it seems to me, no logical connection between moral excellence and creative power. The two attributes, being generically different, demand different kinds of evidence to substantiate them.

"Again," you continue, "even if I put aside your contention that Jesus is the Word of God, there remains your assertion that He is sinless. Now a sinless Jesus is, in Himself, a miracle; and if you call on me to believe that Jesus was without sin, you ought to see no antecedent improbability, nay, you ought to see an antecedent probability, that He would work miracles."

Well, I feel that we are walking in a slippery region—this land of antecedent metaphysical probabilities; but I will try to follow you. Let me take your second objection first. Does it then really seem to you no less antecedently probable that the Word of God, made man, should have the power (say) of walking on water, than that He should be sinless? Surely we see in the best men approximations to sinlessness, but no approximations at all to what spiritualists (I believe) call "levitation"! In proportion as men approximate to our conception of God, in that proportion they are free from sin, but they do not "levitate;" hence, while we are led to believe that the Man who completely represents God (the Word of God Incarnate) will be absolutely sinless, we are led to no such conclusion as to "levitation." Or will you maintain that the best men shew any germ of any the least power to suspend any the least law of nature? There is no vestige of any such tendency around us; and your only support for such a belief would be found in the miracles of the Old


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Letter 12] Testament, which you yourself deny, and as to which I shall have something to say in a future letter.

I admit however that there is one seeming argument derived from the "mighty works" of healing undoubtedly worked by the disciples of Jesus as well as by Jesus Himself. Without anticipating a subject that must be deferred to a future letter, I will merely ask you at this stage to distinguish between those "mighty works" on the one hand which were marvellous but not miraculous, and the "miracles" on the other hand which, if true, involved suspensions of the laws of nature. That Jesus may have healed certain diseases through faith, would be acknowledged by the most sceptical physiologists as quite possible in accordance with the laws of nature; and this power would be consistent with such a faith-inspiring personality as we attribute to our Lord. Even from ordinary men and women there "goes out virtue," we scarcely know how, to the sick and suffering who are imbued with their hopefulness, their cheerfulness, their faith; much more might we suppose that from the Ideal of Humanity "virtue" would probably go forth in unique measure and produce unique results, though always in accordance with those laws of material nature to which He had submitted Himself. But this is no argument for real "miracles;" and—even while arguing—I protest against this method of arguing about facts, from metaphysical "antecedent probability." I do not object to the argument from "antecedent probability" where you can appeal to experience and argue from what happened in the past to what is likely to happen in the future. But where you can have no such evidence (because the Son of God was not twice incarnate); where the question is, "Did Jesus do this or did He not?" and where we have history and evidence to guide us, as to what He did and said; it seems to me we ought to be guided by


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128 evidence and not by "antecedent probabilities," especially when these "probabilities" are derived from nothing but metaphysical considerations.

But you tell me that you see "no logical connection between moral excellence and creative power;" and another passage in your letter says that "we have no reason for thinking that the best men shew any tendency to approximate, in creative power, to the co-eternal Word." What do you thence infer? Apparently this, that, as Christ revealed God's righteousness and love by His own righteousness and love, so He must have revealed God's creative power by His own creative acts. I, too, believe that. But by what creative acts? By changing water into wine, or seven loaves into seven thousand loaves, or three fishes into three thousand fishes? Think of it seriously. Do these two or three abrupt and dislocated achievements appear to you adequately to represent the quiet, gradual, orderly, creative power of the true Word of God, by whom the heavens were made? For my part I see a noble meaning in your words, but the meaning I see in them is not what you mean. It was necessary—so far I agree with you—that the Incarnate Word should manifest God's creative Power as well as His Love and Righteousness. But how? Can you not answer for yourself without my prompting? Does not your own conscience suggest to you what is the highest effort of creative power? Are we not taught—and do not our hearts respond to the teaching—that God is a Spirit? And, if God is a Spirit, must not the highest kind of creation be, not material, but spiritual?

Now I maintain that it is a greater, more sublime, and more God-like act to create righteousness in accordance with God's spiritual laws than to create loaves and fishes and wine against God's material laws. And I maintain also—in opposition to your opinion—that "the


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Letter 12] best men" do manifest "a tendency to approximate in creative power to the co-eternal Word," so far as concerns this, the highest kind of creation. It is hard, very hard, for us to realize—in spite of the teaching of the prophets in old times and of the great English poets in our own days—that the creation of the heaven and the earth is "a very little thing, a drop of a bucket," as compared with the creation of righteousness. It is a desperate struggle, this battle of the spirit against matter, of the invisible against the visible, before we can believe, with all our being—with our minds as well as our hearts—that the creation described in the first chapter of the Fourth Gospel was more divine than that described in the first chapter of the Book of Genesis. But it was so. The first creation of orderly matter was but a shadowy, unsubstantial metaphor, predicting the second creation of orderly spirit. "All things were made by him, and without him was not anything made that was made:" so writes the Evangelist, describing the first, and proceeding to describe the second, creation: and he continues thus, "In him was life, and the life was the light of men." To the same effect writes St. Paul: "The first Adam became a living soul. The last Adam became a life-giving spirit." Is it not possible, on the testimony of one's own conscience, and on the testimony of history present and past, and on the testimony of the Apostles and Evangelists—even when critically reviewed and disencumbered of the miraculous element—to acknowledge that Jesus has been indeed "a life-giving Spirit" to mankind, and to worship Him as representing the Creative Word who has moved on the face of the material and of the spiritual waters, creating order alike in the matter of the Universe and in the minds and consciences of men?

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130 your own words:—"You define worship as consisting of the sentiments of love, trust, and awe. I confess this does not express all my notion of worship. Such sentiments I have felt towards my teachers, whether dead or living, but I do not consider that I worship them. When we apply the word to God, we mean by it a direct act of communion—or at least a real effort after communion—between two minds. When I pray to God, I believe myself to be directing my thoughts towards a Being with whom I am spiritually in direct and immediate relation—the Maker of all, my Maker and Father. But I cannot persuade myself that I stand in a like relation to Jesus of Nazareth. We do not pray to Paul or Plato, and I do not see any such difference in the historical manifestations of Jesus as should lead me to believe that I, and millions of other believers, can make my thoughts known to him, and can receive back impressions from him, when we cannot do so to other minds which have helped to change the world's history and have been revealers of the Father."

Are you not here confusing a state of mind with an action resulting from that state of mind? We have been speaking, not of lip-worship, but of heart-worship, defining it as a state of mind. Now is not prayer the result of worship, rather than identical with worship, as we have defined it above? A child feels love, and trust, as well as reverence, for its parents; and, in consequence he asks them to grant his desires, or he thanks them for kindnesses; but yet the asking and thanking are not identical with the feelings of the children towards their parents, but spring from those feelings. Similarly we, feeling a trust and an awe for the Maker and Father, far beyond what we can feel for Paul or Plato, impart to Him our petitions for our highest needs, or offer Him our thanks: but this asking and this thanking are not identical with, but the results


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Letter 12] of, the feelings we entertain towards God. What you really mean is that your love, trust, and awe towards God so far transcend those corresponding feelings when entertained by you for your fellow-creatures, that you ask from Him things which you would never dream of asking from them. Moreover you consider (rightly or wrongly) that a dead or absent man cannot enter into communion with you, but that God is superior to death and to the limitations of space, and that He alone can always hear and always answer; and this you appear to think a non-miraculous Christ cannot do.

Well, here I confess there is a vast difference between us; for I feel sure that Christ can do this. You say, I do not "pray to Paul and Plato:" I do not, though I sometimes think that it would be better to pray to Paul or Plato than to the sun or moon. But I do not find Paul, I do not find Plato, claiming power to forgive sins; or declaring that he came to die for mankind and that his blood was to be shed for the remission of sins; or predicting that he should be slain and that he should rise from the dead; or promising that whatsoever his disciples asked from the Father in his name should be performed; or promising to give his disciples, after his death, a spirit, the Holy Spirit of the Father, which should enable them to resist all adversaries after he had left them; or, in other words, making a manifest preparation to prepare his disciples for his death on the ground that after death he would still be present with them and still their guide and helper. Now even when I set aside the Fourth Gospel, and eliminate all miraculous narrative from the first three Gospels, I find myself in the presence of One who, I am convinced, both said these things, and made them good in deeds. I am penetrated with the conviction that He said them and had a right to say them; and that this is proved by literary and historical evidence, and by the


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132 history of the Church, and by my own experience. The miracles I can easily disentangle from the life of Christ; but His divine claims to be our Helper and Saviour after death and to all eternity, I cannot. Accepting them, I can neither deny Him worship nor myself the right of access to Him in prayer.

Christ's whole life and doctrine, His plan (so to speak) for the establishment of spiritual empire over the hearts of men, appear to me imbued with divinity; but if I were forced to choose some one particular discourse or incident in His life as a reason for my adoration of Him, I should not choose any of His mighty works of healing, nor any of His parables or discourses, nor even His death upon the cross: I should point to the institution of the Lord's Supper. As the years pass over my head, the picture of that mysterious evening becomes more and more powerful and vivid with me and more and more inexplicable unless Jesus was verily the Life of the world. It is ten times more vivid and more powerful now than it was when I believed in a miraculous Jesus. When I kneel down at the altar-rails there rises up through the distance of eighteen centuries that strange scene in the guest-chamber at Jerusalem, where Jesus portioned out His flesh and blood, bequeathing Himself to His disciples for ever. Then follows the thought of the countless myriads of souls who have derived spiritual strength from this rite and have lived again in Christ, and I say to myself, "Truly God was in the self-doomed man who thus gave us His flesh and blood for mankind. A mere man devise so strange a rite! So (at first) repellently strange! so profoundly simple! so perfectly and spiritually successful!" I solemnly protest to you that the inexpressible depth of the divine intuition which found utterance in the Lord's Supper, impresses me more and more—far more than all the miracles put together—as a proof that we


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Letter 12] have in Christ a Being in initial and fundamental harmony with the very source of our spiritual life; and, rationalist though I am, I find myself, nevertheless, praying naturally and spontaneously after this fashion: "Master, my only true Lord and Master, grant that I may feed on thy body and be quickened by thy blood, and live in thee a new and spiritual life! Thou One Forgiver of sins, thou Bearer of all the burdens of mankind, bear Thou the burden that I cannot bear, and blot out all my offences; Thou who sittest at the right hand of the Majesty on high, lift me in thyself even to the throne of heaven, and present me to the Father as His child! Thou who didst die in the flesh and rise again in the spirit never to die, rise thou in my heart and soul; take my whole being into thyself and cause me there to die unto sin and to live with thee unto righteousness! Grant me eternal life, thou Lord of Life! Say within my soul, 'Let there be righteousness,' and there shall be righteousness! Create me anew, O Lord, thou ever-living, co-eternal Word of the Creator."

You may object that many of these prayers, with slightly different wording, might equally well be addressed to the Father through the Son. They might, and, as a rule, they probably would be so addressed. But in moments of unusually deep emotion prayers of this kind go forth I think, more naturally to the Father in the Son than to the Father through the Son; and surely your very objection, and my answer to it, shewing that prayers may be indifferently addressed to the Father or to the Son, constitute a strong argument for the unity (in the heart of the person praying) of Son and Father. And if I can pray like this, do I not worship, must I not worship, Christ as the Creative Word, the Eternal Son of God? And is there anything to prevent me from praying like this in the fact that He to whom I pray, when He received our humanity, received it in truth and honesty, with all its material limitations?


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 CHAPTER IV

THE TRUE ORDER OF THINGS

What the individual life is to be, as a whole, or in any of its parts, depends upon where the consciousness of being is established, and there are three distinct planes in which this consciousness may be established; viz., the physical, the psychical and the spiritual.

To establish life in the physical is to become a materialist; there will be no consciousness of the finer things of existence, and the understanding of things in general will be one-sided; in consequence, the mind cannot see anything as it really is, and will make mistakes at every turn.

The materialist lives for the body alone, and depends upon the physical senses exclusively, both for knowledge and enjoyment; but the physical senses are never wholly reliable unless when employed by mental faculties that are above the physical; therefore the knowledge of the materialist is composed principally of illusions and half-truths, and his enjoyment is but an inferior imitation of real happiness.

The life of the materialist is necessarily full of troubles and ills because he cannot be in harmony with the true principle of life so


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38 long as he is living on the surface of life instead of in real life itself. In brief, all the ills of life can be traced to materialism, in one or more of its various forms; therefore, the materialist is not simply one who denies the existence of the soul; the materialist is any one who lives in the body, who has established his life in physical existence, and who employs objective senses and faculties only, regardless of what he may believe about God, the soul or the future.

Though a person may be thoroughly religious, as far as he knows, and may believe everything that sacred literature may say about things spiritual, if he cannot comprehend the spiritual except as it is expressed in physical acts, physical ideas, physical rites or physical symbols, he is still a materialist; he is living in the world of tangible things, and has no consciousness of that higher power that produces things.

To be spiritual he must discern the spirit that is within things, back of things, above things; while his senses admire the outer symbol, his spiritual discernment must understand the interior significance of that symbol, otherwise he has not found real religion or real spirituality.

The mind that has not entered into real spirituality, is living in materiality, and to live in materiality is to be in bondage to the ills of this world; therefore true existence cannot be realized so long as life is established in the physical plane.


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Rh To establish life in the psychical plane is to be guided almost entirely by feeling and emotion; but no feeling is absolutely true unless it originates in the soul, and our feelings cannot originate in the soul unless we have established life in the spiritual plane. Therefore, the person who is living in the psychical plane, is living in a world of feelings, emotions, desires and sensations that are more or less abnormal. His mental world is artificial, composed principally of imaginations that are patterned after things from without instead of the understanding of absolute truth from within.

The imagination is always influenced a great deal by the play of the emotions; and when the emotions are the results of external suggestions, as they always are unless when we live in the spirit, the imagination will likewise be under the control of things, good and otherwise. This means that our thinking will be worldly, materialistic and more or less disordered, because as we imagine, so we think.

Therefore, to live in the psychical world is to live in a world of abnormal feeling and misdirected imagination; but true being cannot find its foundation in such a world. True being can be established only in the consciousness of truth, and the consciousness of truth can be gained only in the spirit.

When life is established in the spiritual state, the physical ceases to be materialistic, and the psychical ceases to be a troubled sea


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40 of conflicting emotions. Instead, the physical becomes an orderly expression of the pure, wholesome life of the soul, and the psychical becomes a world of the richest thought, the most sublime feeling and the highest mental enjoyment.

The spiritual state of being is the true foundation of being, because the spiritual alone has the necessary qualities. To establish life in any other state or upon any other plane is to act contrary to the true order of things, and trouble must necessarily follow. There is only one place for man to live, and that is in the soul. When he tries to live elsewhere, in mind or body, he separates himself from his great inheritance and does not receive what he has the right and the privilege to receive.

When there seems to be nothing in life, the fault lies with the man himself, not with the laws of his being. Instead of living in the spirit, where he could receive everything, he has gone to live in the emptiness of the material, where there is nothing to be had but the undesirable consequences of wrong-doing; and wrong-doing is the direct result of wrong-going, going away from the true state of being.

To live in the spiritual state is to give expression to everything that is in the spirit, because what we actually live we bring out into tangible existence; and the spirit contains everything that may be required to perfect the whole of existence—physical, mental and spiritual.


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33. (1) The Equality Review Committee—

must advise the Minister about the operation of this Act;

must advise the Minister about laws that impact on equality;

must submit regular reports to the Minister on the operation of the Act, addressing whether the objectives of the Act and the Constitution have been achieved and must make recommendations on any necessary amendments to the Act to improve its operation;

has the other powers and functions as prescribed.

(2) The Equality Review Committee may conduct its business and proceedings at its meetings as it deems fit.

(3) Members of the Equality Review Committee referred to in section 32(a), (d) and (e) are appointed for a period of five years and may be reappointed upon the expiry of their term of office.

(4) The other terms and conditions of appointment of members of the Equality Review Committee are as prescribed.

(5) The administrative work connected with the performance of the functions of the Equality Review Committee must be performed by officers designated by the Director-General of the Department.

(6) The members of the Equality Review Committee are entitled to such remuneration, allowances and other benefits as may be determined by the Minister in consultation with the Minister of Finance.

Directive principle on HIV/AIDS, nationality, socio-economic status and family responsibility and status

34. (1) In view of the overwhelming evidence of the importance, impact on society and link to systemic disadvantage and discrimination on the grounds of HIV/AIDS status, socio-economic status, nationality, family responsibility and family status—

special consideration must be given to the inclusion of these grounds in paragraph (a) of the definition of “prohibited grounds” by the Minister;

the Equality Review Committee must, within one year, investigate and make the necessary recommendations to the Minister.

(2) Nothing in this section—

affects the ordinary jurisdiction of the courts to determine disputes that may be resolved by the application of law on these grounds;

prevents a complainant from instituting proceedings on any of these grounds in a court of law;

prevents a court from making a determination that any of these grounds are grounds in terms of paragraph (b) of the definition of “prohibited grounds” or are included within one or more of the grounds listed in paragraph (a) of the definition of “prohibited grounds”.

Short title and commencement

35. (1) This Act is called the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, and comes into operation on a date fixed by the President by proclamation in the Gazette.

(2) Different dates may be so fixed in respect of different provisions of this Act.


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Rh The belief that the spiritual life is apart from the mental and physical is not true; it is the spiritual alone that can make the physical and the mental complete; in brief, we do not begin to enjoy the body and the mind until we begin to live in the soul.

We cannot attain the most perfect physical health and the most perfect physical development until we can begin to draw upon the inexhaustible life of the spirit, nor can we attain the greatest intellectual power and the highest mental brilliancy until our minds are opened to real spiritual illumination.

To have health and wholeness of body, we must have an abundance of that life that is health and wholeness, and that life comes only from the soul. To gain that life we must live in the soul, and the life that we live we invariably bring forth into mind and body.

To perfect the beautiful in the physical form, we must, likewise, receive the necessary elements from the spiritual state. Beauty of form is produced by harmony in formation and soul in expression; but we can give forth neither harmony nor soul until we actually live in the soul.

The true development of mind, character and life, all depend upon our ever-increasing expression of the perfect qualities of the spiritual life; therefore the truest, the best and the greatest results from physical existence and mental existence can come only when we actually enter spiritual existence.


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42 But to enter the spiritual is not simply to provide those essentials through which we may realize the ideal in the physical and the mental; to enter the spiritual is to enter another and a greater world—the transcendent kingdom of the soul—the sublime world of cosmic consciousness. It was into this world that Jesus entered when "his face did shine as the sun and his garment became white as the light." We can therefore imagine what is in store for those who open their eyes to its splendor and glory.


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 , besides an account of 's [q. v.] lectures on the ‘Attraction of the Ellipsoid’ which appears in the latter's collected works. He also wrote a number of articles in the 9th edition of the ‘Encyclopædia Britannica’ on Greek mathematicians. His chief contribution to science is his ‘History of Greek Geometry from Thales to Euclid’ (Dublin 1889), which first appeared as articles in ‘Hermathena.’ In this he traced the rise and progress of geometry and arithmetic, and threw new light on the history of the early development of mathematics. With his life-long friend, [q. v. Suppl. II], he was attracted to positivism, and entered into correspondence with Comte in 1852; in 1854 he went to Paris and made his personal aquaintance. His position at Galway prevented his taking any public part in the positivist movement, but his teaching was much influenced by Comte's mathematical work, the ‘Synthèse Subjective,’ and his general theory of historical development. Allman died of pneumonia on 9 May 1904 at Farnham House, Finglass, Dublin.

He married in 1853 Louisa (d. 1864), daughter of John Smith Taylor of Dublin and Corballis, co. Meath. A son and two daughters survived him.

 ALMOND, HELY HUTCHINSON (1832–1903), headmaster of Loretto school, born in Glasgow on 12 Aug. 1832, was second son of George Almond, incumbent of St. Mary's Episcopal Chapel, Glasgow, by his second wife, Christiana Georgina, eldest daughter of Thomas Smith, barrister, of London. His paternal great-grandfather was headmaster of Derby school, and his maternal great-grandfather was John Hely-Hutchinson [q. v.], provost of Trinity College, Dublin. Precociously clever, he began to learn his letters at sixteen months, and at three years was struggling with the multiplication table. After attending the collegiate school, Glasgow, he entered in 1845 the University of Glasgow. At the end of the session he gained the Cowan gold medal in the Blackstone Latin examination, and he also specially distinguished himself in the Greek, mathematics and logic classes. Having been elected in 1850 to a Snell exhibition, he proceeded to Balliol College, Oxford. Here, contrary to the expectations of his tutors, who had the poorest opinions of his chances, he, in 1853, obtained a first class both in classical and mathematical moderations (a record for Balliol College); but, owing to ill-health and other causes, only a second in the final schools. Although he delighted in boating and won a place in the Balliol eight, he found little that was congenial in undergraduate life. In his later years he wrote, 'there is hardly a period of my life (since Oxford, which I hated) I would not gladly live over again.' He graduated B.A. in 1855 and M.A. in 1862. In 1855 he left Oxford for Torquay, where his father was living in retirement; and having failed to pass into the Indian civil service, he was induced by a friend, who had fallen ill, to assist him in his tutorial establishment. This led him to conceive a liking for teaching, and in 1857 he accepted the office of tutor in Loretto school, Musselburgh, then merely a preparatory for the English public schools. In the following year he became second master at Merchiston school, Edinburgh, where he took an active part in Rugby football, and did his utmost to foster a love of cricket, introducing an English professional to instruct the boys in the game. Already he had begun the strenuous advocacy of systematic physical exercise in schools, and of the cultivation of hardiness as essential to a thoroughly healthy boyhood, and of prime importance in the formation of proper habits of mind. These and other educational ideas he found opportunity to put into fuller practice, when, in 1862, he became proprietor of Loretto school so called from its contiguity to the site of the old chapel and hermitage dedicated to Our Lady of Loretto.

Here he began with only fourteen boys, supplemented for the first two or three years with a few university pupils; and, as he himself put it, gradually built up a school out of nothing, though the numbers never reached 150. His early, almost insuperable, difficulties he met with perfect gaiety; and he was accustomed to refer to this period of his life as 'the happy early days when I was nearly bankrupt.' He closely pursued a special educational aim. The first duty of a headmaster he conceived to be the direction of a school so as to accomplish the purpose of training the individual character. It was his leading maxim to rule by persuasion, not by force, and to secure what he called 'behind-back obedience.' 'Relations between master and boys were thus unusually sincere, and the place had rather the aspect of a family than of a school' ( Almond of Loretto, p. 160). So far also as he could he sought to develop an independent


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 John Henry Newman, and with him and Pusey was soon in constant intercourse. His sympathy with the tractarians was strong, but his loyalty to the Anglican church was only shaken slowly. After a tour in France and Italy during 1836 he took holy orders in 1838, and assisted [q. v.] at Christ Church, St. Pancras, in 1839. From 1840 to 1842 he was examining chaplain to Dr. Blomfield, bishop of London, who in June 1842 presented him to the living of Launton, Bicester, Oxfordshire. Travels in France in 1845 and 1847 with [q. v. Suppl. II] quickened doubt of the validity of the Anglican position, and a statement of his views in his 'Journal in France' (published February 1848) brought on him the censure of Samuel Wilberforce, bishop of Oxford. Study of the Fathers, and especially of Suarez's work, 'De Erroribus Sectæ Anglicanæ,' combined with the Gorham decision on baptismal regeneration in 1850, shattered his faith in the established church, and in his 'Royal Supremacy' (1850) he forcibly presented the Roman point of view (cf. Life of E. B. Pusey, iii. 257 seq.). In October 1850 he resigned his Launton living and joined the Roman communion. He removed to Golden Square, London, where he took pupils, and later for a time to the Priory, 21 North Bank, St. John's Wood, the house afterwards inhabited by [q. v.]. From August 1853 until his retirement on a pension in 1890 he was secretary of the catholic poor school committee in John Street, Adelphi (instituted in 1847), and actively promoted catholic primary education. To his energy was due the foundation of the Training College of Notre Dame, Liverpool, in 1855, of the Training College for Women at the Convent of the Sacred Heart, Wands worth, in 1874, and of the St. Mary's Training College for Men in Hammersmith. In March 1855 he became first professor of modern history at the new Catholic University of Ireland, Dublin, under Newman's rectorship. On his lectures there he based his voluminous 'The Formation of Christendom' (8 vols. 1865–95; popular edit. 1894 and following years). The work trenchantly expounds St. Peter's predominance in history. Among Allies's intimate friends in his last years were Lord Acton and Aubrey de Vere, who addressed a sonnet to him on the publication of his 'Holy See,' the sixth volume of his 'Formation of Christendom,' in 1888. In 1885 Pope Leo XIII created him knight commander of St. Gregory, and in 1893 he received through Cardinal Vaughan the pope's gold medal for merit. In 1897 his health declined, and he died at St. John's Wood on 17 June 1903, being buried at Mortlake by the side of his wife. He married on 1 Oct. 1840, at Marylebone parish church, Eliza Hall, sister of Thomas Harding Newman (an Oxford fellow student), and had issue five sons and two daughters. His wife, who joined the Roman catholic church five months before himself, predeceased him on 24 Jan. 1902. A portrait, painted by Mrs. Carpenter in 1830, is reproduced in the memoir by his daughter Mary (1907).

Allies, one of the most learned of the Oxford converts to Rome, traced the growth of his opinions in 'A Life's Decision' (1880; 2nd edit. 1894). Other works by Allies are: The last four were reprinted with Allies's other controversial writings in 'Per Crucem ad lucem,' 2 vols. 1879.
 * 1) 'The Church of England cleared from the Charge of Schism,' 1846; 2nd edit. 1848.
 * 2) 'The Royal Supremacy,' 1850.
 * 3) 'The See of St. Peter,' 1850; 4th edit. 1896.
 * 4) 'St. Peter, his Name and Office,' 1852; 2nd edit. 1871; new edit. 1895.
 * 5) 'Dr. Pusey and the Ancient Church,' 1866.

ALLMAN, GEORGE JOHNSTON (1824–1904), mathematician, was born on 28 Sept. 1824 at Dublin. He was a younger son of, M.D. [q. v.], professor of botany in Trinity College, Dublin (1809–44). He entered Trinity College, and after a distinguished career graduated in 1844 as senior moderator and gold medallist in mathematics with [q. v. Suppl. I]. He was also Bishop Law's mathematical prize-man and graduated LL.B. in 1853 and LL.D. 1854.

Allman was elected professor of mathematics in Queen's College, Galway, in 1853, and remained in this post till he retired in 1893, having reached the age-limit fixed by civil service regulations. He was elected a member of the senate of Queen's University in 1877, and in 1880, when the Royal University of Ireland was founded, he was nominated by the Crown as a life senator. He was made F.R.S. in 1884, and lion. D.Sc. of Dublin in 1 882. He contributed a few papers on mathematical subjects to scientific