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 saints, which makes the militant, and triumphant church, one parish; so that Christ was not out of his diocess, when he was upon the earth, nor out of his temple, when he was in our flesh. God, who saw that all that he made was good, came not so near seeing a defect in any of his works, as when he saw that it was not good for man to be alone, therefore he made him a helper; and one that should help him so, as to increase the number, and give him her own, and more society. Angels, who do not propagate nor multiply, were made at first in an abundant number, and so were stars; but for the things of this world, their blessing was, Increase; for I think, I need not ask leave to think, that there is no pheenix; nothing singular, nothing alone. Men that inhere upon nature only, are so far from thinking that there is any thing singular in this world, as that they will scarce think that this world itself is singular, but that every planet, and every star, is another world like this; they find reason to conceive, not only a plurality in every species in the world, but a plurality of worlds; so that the abhorrers of solitude are not solitary, for God, and Nature, and Reason concur against it. Now, a man may counterfeit the plague in a vow, and mistake a disease for religion, by such a vetiring and recluding of himself from all men, as to do good to no man, to converse with no man. God hath two Testaments, two wills; but this 1s a schedule, and not of his, a codicil, and net of his, not in the body of his Testaments, but interlined and postscribed by others, that the way to the communion of saints should be by such a solitude as excludes all doing of good here. That is a disease of the mind, astheheight of an infectious disease of the body is solitude, to be left alone: for this makes an infectious bed equal, nay, worse than a grave, that though in both I be equally alone,

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 in my bed I know it, and feel it, and shall not in my grave: and this too, that in my bed my soul is still in an infectious body, and shall not in my grave be so.

GOD, my God, thy Son took it not ill at Martha's hands, that when he said unto her, Thy brother Lazarus shall rise again, she expostulated it so far with him as to reply, 1 know that he shall rise again in the resurrection, at the last day; for she was miserable by wanting him then. Take it not ill, O my God, from me, that though thou have ordained it for a blessing, and for a dignity to thy people, that they should dwell alone, and not be reckoned among the nations (because they should be above them), and that they should dwell in safety alone (free from the infestation of enemies), yet I take thy leave to remember thee, that thou hast said too, Two are better than one; and, Woe be unto him that is alone when he falleth ; and so when he is fallen, and laid in the bed of sickness too. Righteousness is immortal ; I know thy wisdom hath said so; but no man, though covered with the righteousness of thy Son, is immortal, so as not to die; for he who was righteousness itself did die. I know that the Son of Righteousness, thy Son, refused not, nay affected solitariness, loneness, many, many times; but at all times he was able to command more than twelve legions of angels to his service; and when he did not so, he was far from being alone: for, 7 am not alone, says he, but I, and the Father that sent me. I cannot fear but that I shall always be with thee and

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 him; but whether this disease may not alien and remove my friends, so that they stand aloof from my sore, and my kinsmen stand afar off, 1 cannot tell. I cannot fear but that thou wilt reckon with me from this minute, in which, by thy grace, I see thee; whether this understanding, and this will, and this memoryv may not decay, to the discouragement and the ill interpretation of them that see that heavy change in me, I cannot tell. It was for thy blessed, thy powerful Son alone, to tread the wine-press alone, and none of the people with him. 1 am not able to pass this agony alone, not alone without thee; thou art thy spirit, not alone without thine; spiritual and temporal physicians are thine, not alone without mine; those whom the bands of blood or friendship have made mine, are mine; and if thou, or thine, or mine, abandon me, I am alone, and woe unto me if I be alone. Elias himself fainted under that apprehension, Lo, I am left alone ; and Martha murmured at that, said to Christ, Lord, dost not thow care that my sister hath left me to serve alone ? Neither could Jeremiah enter into his lamentations from a higher ground than to say, How doth the city sit solitary that was full of people. O my God, it is the leper that thou hast condemned to live alone ; have I such a leprosy in my soul that I must die alone; alone without thee? Shall this come to such aleprosy in my body that I must die alone; alone without them that should assist, that should comfort me? But comes not this expostulation too near a murmuring? Must I be concluded with that, that Moses was commanded to come near the Lord alone ; that solitariness, and dereliction, and abandoning of others, disposes us best

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 for God, who accompanies us most alone? May I not remember, and apply too, that though God came not to Jacob till he found him alone, yet when he found him alone, he wrestled with him, and lamed him ; that when, in the dereliction and forsaking of friends and physicians, a man is left alone to GGod, God may so wrestle with this Jacob, with this conscience, as to put it out of joint, and so appear to him as that he dares not look upon him face to face, when as by way of reflection, in the consolation of his temporal or spiritual servants, and ordinances, he durst, if they were there? But a faithful firiend is the physic of life, and they that fear the Lord shall find him. Therefore hath the Lord afforded me both in one person, that physician who is my faithful friend.

ETERNAL and most gracious God, who calledst down fire from heaven upon the sinful cities but once, and openedst the earth to swallow the murmurers but once, and threwest down the tower of Siloam upon sinners but once, but for thy works of mercy repeatest them often, and still workest by thine own patterns, as thou broughtest man into this world, by giving him a helper fit for him here; so, whetherit be thy will to continue me long thus, or to dismiss me by death, be pleased to afford me the helps fit for both conditions, either for my weak stay here, or my final transmigration from hence, And if thou mayst receive glory by that way (and by all ways thou mayst receive glory), glorify thyself in preserving this body from such infections as might withhold those who would come, or endanger them who do come; and preserve this soul in the faculties thereof from all such distempers as might shake the assurance which myself

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 and others have had, that because thou hast loved me thou wouldst love me to my end, and at my end. Open none of my doors, not of my heart, not of mine ears, not of my house, to any supplanter that would enter to undermine me in my religion to thee, in the time of my weakness, or to defame me, and magnify himself with false rumours of such a victory and surprisal of me, after I am dead. Be my salvation, and plead my salvation; work it and declare it; and as thy triumphant shall be, so let the militant church be assured that thou wast my God, and I thy servant, to and in my consummation. Bless thou the learning and the labours of this man whom thou sendest to assist me; and since thou takest me by the hand, and puttest me into his hands (for I come to him in thy name, who in thy name comes to me), since I clog not my hopes in him, no, nor my prayers to thee, with any limited conditions, but inwrap all in those two petitions, Thy kingdom come, thy will be done; prosper him, and relieve me, in thy way, in thy time, and in thy measure. Amen.

OBSERVE the physician with the same diligence as he the disease; I see he fears, and I fear with him; I overtake him, I overrun him in his fear, and I go the faster, because he makes his pace slow; I fear the more because he disguises his fear, and I see it with the more sharpness because he would not have me see it. He knows that his fear shall not disorder the practice and exercise of his art, but he knows that my fear may disorder the effect and working of his

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 practice. As the ill affections of the spleen complicate and mingle themselves with every infirmity of the body, so doth fear insinuate itself in every action or passion of the mind; and as wind in the body will counterfeit any disease, and seem the stone, and seem the gout, so fear will counterfeit any disease of the mind. It shall seem love, a love of having; and it is but a fear, a jealous and suspicious fear of losing. It shall scem valour in despising and undervaluing danger; and it is but fear in an overvaluing of opinion and estimation, and a fear of losing that. A man that is not afraid of a lion is afraid of a cat; not afraid of starving, and yet is afraid of some joint of meat at the table, presented to feed him; not afraid of the sound of drums, and trumpets, and shot, and those which they seek to drown, the last cries of men, and is afraid of some particular harmonious instrument; so much afraid as that with any of these the enemy might drive this man, otherwise valiant enough, out of the field. I know not what fear is, nor I know not what it is that I fear now; I fear not the hastening of my death, and yet I do fear the increase of the disease; I should belie nature if I should deny that I feared this; and if I should say that I feared death, I should belie God. My weakness is from nature, who hath but her measure; my strength is from God, who possesses and distributes infinitely. As then every cold air is not a damp, every shivering is not a stupefaction; so every fear is not a fearfulness, every declination is not a running away, every debating is not a resolving, every wish that it were not thus, is not a murmuring nor a dejection though it be thus; but as my physician's fear puts not him from his practice, neither doth mine put me from receiving from God, and man, and myself, spiritual and civil and moral assistances and consolations.

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"The work throughout is clearly written, in many parts with animation and spirit — the result of an active mind distinctly per- ceiving what it intends to convey — Spectator, May 29, 1841.

"A volume which is likely to be very serviceable to the beginner. It is very carefully illustrated by numerous and well executed wood- engravings."— A/orweV?^ Herald, June 19, 1841.

"This volume, one of the best familiar introductions to En- tomology we have met with, we recommend to those desirous of acquiring accurate elementary information on the history, general physiology, classification, and mode of preserving insects."— Professor Jameson's Journal, Oct., 1841.

"We have here a complete popular treatise! It is a kind of first book on Entomology, out may answer every purpose to nine -tenths of students." — Taifs Edinburgh Magazine, June, 1841.

"We have marked above with Roman type the character of this publication, which is truly a very acceptable mixture of the dulce et utile. Mr. Newman does not take too much knowledge for granted, but beginning at the beginning, fairly illustrates his subject till we find that his is the beginning of the end. We cordially recommend his volume not only to entomological students, but to all lovers of animate Nature." —^Literary Gazette, June 12, 1841.

"The charm of this volume is, that it is written in a frank and explanatory spirit, which will be quite as intelligible and as cap- tivating to a child as to a man. There are no mysteries of science buried under ominous italics in its pages. Every definition is full- nothing is taken as granted — we are carried into the field of inquiry as if we had never heard of it before ; and it is our fault, and not that of the writer, if we do not understand enough about entomology, when we have closed the book, to tempt us to realize some further acquisitions for ourselves. The secret of all this consists in the simple but very important principle upon which the author has com- posed this treatise. He has presumed at starting that his readers know nothing whatever of the subject, and he has written accord- ingly. There is no doubt that this is the proper way of writing intro- ductions. It is the only way to make them achieve with complete success the end for which they are designed." — Atlas, August 14, 1841.


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Y God, my God, I find in thy book that fear is a stifling spirit, a spirit of suffocation; that Lshbosheth could not speck, nor reply in his oun defence to Abner, because he was afraid. It was thy servant Job's case too, who, before he could say any thing to thee, says of thee, Let him take his rod away from me, and let not his fear terrify me, then would I spealk with him, and not fear him; but it's not so with me. Shall afear of thee takeaway my devotion to thee 7 Dost thou command me to speak to thee, and command me to fear thee; and do these destroy one another? There is no perplexity in thee, my God; no inextricableness in thee, my light and my clearness, my sun and my moon, that directest me as well in the night of adversity and fear, as in my day of prosperity and confidence. I must then speak to thce at all times, but when must I fear thee? At all times too. When didst thou rebuke any petitioner with the name of importunate? Thou hast proposed to us a parable of a judge that did justice at last, because the client was importunate, and troubled him; but thou hast told us plainly, that thy use in that parable was not that thou wast troubled with our importunities, but (as thou sayest there) that we should always pray. And to the same purpose thou proposest another, that if I press my friend, when he is in bed at midnight, to lend me bread, though he will not rise because I am his friend, yet because of mine importunity he will. God will do this whensoever thou askest, and never call it importunity. Pray in thy bed at midnight, and God will not say, I will hear thee to-

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 morrow upon thy knees, at thy bedside; pray upon thy knees there then, and God will not say, I will hear thee on Sunday at church; God is no dilatory God, no froward God; prayer is never unseasonable, God is never asleep nor absent. But, O my God, can I do this, and fear thee; come to thee, and speak to thee, in all places, at all hours, and fear thee? Dare I ask this question? There is more boldness in the question than in the coming; I may do it though I fear thee; I cannot do it except I fear thee. So well hast thou provided that we should always fear thee, as that thou hast provided that we should fear no person but thee, nothing but thee; no men? No. Whom? The Lord is my help and my salvation, whom shall I fear ? Great enemies? Not great enemies, for no enemies are great to them that fear thee. Flear not the people of this land, for they are bread to you : they shall not only not eat us, not eat our bread, but they shall be our bread. Why should we fear them? But for all this metaphorical bread, victory over enemies that thought to devour us, may we not fear, that we may lack bread literally? And fear famine, though we fear not enemies? Young lions do lack, and suffer hunger, but they that seek the Lord shall not want any good thing. Never? Though it be well with them at onec time, may they not fear that it may be worse? Wherefore should I Sear in the days of evil ? says thy servant David. Though his own sin had made them evil, he feared them not. No? not if this evil determine in death? Not though in a death; not though in a death inflicted by violence, by malice, by our own desert; fear not the sentence of death, if thou fear God. Thou art, O my God, so far from admitting us, that fear thee,

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 to fear others, as that thou makest others to fear us; as Herod feared John, because he was a holy and a Just man, and observed him. How fully then, O my abundant God, how gently, O my sweet, my easy God, dost thou unentangle me in any scruple arising out of the consideration of thls my fear! Is not this that which thou intendest, when thou sayest, The secret of the Lord is with them that fear him ; the secret, the mystery of the right use of fear. Dost thou not mean this when thou sayest, we shall understand the Sear of the Lord ? Have it, and have benefit by it; have it, and stand under it; be directed by it, and not be dejected with it. And dost thou not propose that church for our example, when thou sayest, the church of Judea walked in the fear of God ; they had it, but did not sit down lazily, nor fall down weakly, nor sink under it. There is a fear which weakens men in the service of God. Adam was afraid, because he was naked. They who have put off thee are a prey to all. They may fear, for thow wilt laugh when their fear comes upon them, as thou hast told them more than once. And thou wilt make them fear where no cause of fear is, as thou hast told them more than once too. There is a fear that is a punishment of former wickednesses, and induces more. Though some said of thy Son, Christ Jesus, that he was a good man, yet no man spake openly, for fear of the Jews. Joseph was his disciple, but secretly, for fear of the Jews. The disciples kept some meetings, but with doors shut for fear of the Jews. O my God, thou givest us fear for ballast to carry us steadily in all weathers. But thou wouldst ballast us with such sand as should have gold in it, with that fear which is

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 thy fear; for the fear of the Lord is his treasure. He that hath that, lacks nothing that man can have, nothing that God does give. Timorous men thou rebukest: Why are ye fearful, O ye of little failth ? Such thou dismissest from thy service with scorn, though of them there went from Gideon's army twenty-two thousand, and remained but ten thousand. Such thou sendest farther than so; thither from whence they never return: The fearful, and the unbeliering, wto that burning lake which is a second death. There is a fear, and there is a hope, which are equal abominations to thee; for they were confounded, because they hoped, says thy servant Job; because they had misplaced, miscentred their hopes; they hoped, and not in thee, and such shall fear, and not fear thee. Bat in thy fear, my God, and my fear, my God, and my hope, is hope, and love, and confidence, and peace, and every limb and ingredient of happiness enwrapped; for joy includes all, and fear and joy consist together, nay, constitute one another. 7he women departed from the sepulchre, the women who were made supernumerary apostles, apostles to the apostles; mothers of the church, and of the fathers, grandfathers of the church, the apostles themselves; the women, angels of the resurrection, went from the sepulchre with fear and joy; they ran, says the text, and they ran upon those two legs, fear and joy; and both was the right leg: they joy in thee, O Lord, that fear thee, and fear thee only, who feel this joy in thee. Nay, thy fear and thy love are inseparable, still we are called upon, in infinite places, to fear God; yet the commandment, which is the root of all, is, Thou shalt love the Lord thy God; he doeth neither that doeth not both; he omits neither, that does one. Therefore

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 when thy servant David had said that the fear of the Lord's the beginning of wisdom, and his son had repeated it again , he that collects both calls this fear the root of wisdom; and, that it may embrace all, he calls it wisdom itself , A wise man, therefore, is never without it, never without the exercise of it: therefore thou sentest Moses to thy people, that they might learn to fear thee all the days of their lives , not in heavy and calamitous, but in good and cheerful days too; for Noah, who had assurance of his deliverance, yet, moved with fear, prepared an ark, for the saving of his house. Awise man will fear in every thing. And therefore, though I pretend to no other degree of wisdom, I am abundantly rich in this, that I lie here possessed with that fear which is thy fear, both that this sickness is thy immediate correction, and not merely a natural accident, and therefore fearful, because it is a fearful thing to fall into thy hands; and that this fear preserves me from all inordinate fear, arising out of the infirmity of nature, because thy hand being upon me, thou wilt never let me fall out of thy hand.

MOST mighty God and merciful God, the God of all true sorrow, and true joy too, of all fear, and of all hope too, as thou hast given me a repentance, not to be repented of, so give me, O Lord, a fear, of which I may not be afraid. Give me tender and supple and conformable affections, that as I joy with them that joy, and mourn with them that mourn, so I may fear with them that fear. And since thou hast vouchsafed to discover to me, in his fear whom thou hast admitted to be my assistance in this sick-

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Rh The Ferryman desires them to waste no more time now in chattering, and proposes to start at once. Clotho and Mercury count the dead into the boat. First, three hundred infants,—including those who have been deserted and exposed. Charon (who is still very cross) complains of them as "a cargo of very unripe fruit." Mercury next hands him in four hundred old people; "they are ripe enough," he observes, "at any rate—and some rotten." Seven have died for love—besides a great philosopher, who has killed himself for the sake of a good-for-nothing woman. Several have died of a fever—including the physician who attended them. Cyniscus, too, is there, the Cynic philosopher, who has been eating some of Hecate's supper, and a quantity of raw onions besides, and has died of indigestion. His only complaint is that he has been forgotten by the Fates, and allowed to live on earth so long.

Megapenthes, the tyrant, who has made such a determined attempt to escape on the road, entreats Clotho to let him go back to life—only for a little while, if it were but five days, just to finish his new house, and to give some directions to his wife about some money,—he will be sure to come down again soon. He tries in vain to bribe the Inexorable by offers of gold. Or, he will give his son, his only son, as a hostage. Clothe reminds him that his prayer used to be that this son might survive him. That had been his wish, he confesses; but now he knows better. Clotho bids him take comfort; his son will follow him here speedily; he will be put to death by the tyrant who succeeds. At least he desires to know how things will go after


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 ness, that there is danger therein, let me not, O Lord, go about to overcome the sense of that fear, so far, as to pretermit the fitting and preparing of myself for the worst that may be feared, the passage out of this life. Many of thy blessed martyrs have passed out of this life, without any show of fear; but thy most blessed Son himself did not so. ~ Thy martyrs were known to be but men, and therefore it pleased thee to fill them with thy Spirit and thy power, in that they did more than men; thy Son was declared by thee, and by himself, to be God; and it was requisite that he should declare himself to be man also, in the weaknesses of man. Let me not therefore, O my God, be ashamed of these fears, but let me feel them to determine, where his fear did, in a present submitting of all to thy will. And when thou shalt have inflamed and thawed my former coldnesses and indevotions with these heats, and quenched my former heats with these sweats and inundations, and rectified my former presumptions and negligences with these fears, be pleased, O Lord, as one made so by thee, to think me fit for thee; and whether it be thy pleasure to dispose of this body, this garment, so as to put it to a farther wearing in this world, or to lay it up in the common wardrobe, the grave, for the next, glorify thyself in thy choice now, and glorify it then, with that glory, which thy Son, our Saviour, Christ Jesus, hath purchased for them, whom thou makest partakers of his resurrection. Amen.

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HERE is more fear, therefore more cause. If the physician desire help, the burden grows great: there is a growth of the disease then; but there must be an autumn too; but whether an autumn of the disease or me, it is not my part to choose: but if it be of me, it is of both; my disease cannot survive me, I may overlive it. Howsoever, his desiring of others argues his candour and his ingenuity: if the danger be great, he justifies his proceedings, and he disguises nothing that calls in witnesses; and if the danger be not great, he is not ambitious, that is so ready to divide the thanks and the honour of that work, which he began alone, with others. It dimninishes not the dignity of a monarch, that he derive part of his care upon others; God hath not made many suns, but he hath made many bodies, that receive and give light. The Romans began with one king; they came to two consuls; they returned in extremities to one dictator: whether in one or many, the sovereignty is the same in all states, and the danger is not the more, and the providence is the more, where there are more physicians; as the state is the happier, where businesses are carried by more counsels than can be in one breast, how large soever. Diseases themselves hold consultations, and conspire how they may multiply, and join with one another, and exalt one another's force so; and shall we not call physicians to consultations? Death is in an old man's door, he appears and tells him so, and death is at a

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 young man's back, and says nothing; age is a sickness, and youth is an ambush; and we need so many physicians as may make up a watch, and spy every inconvenience. There is scarce any thing that hath not killed somebody; a hair, a feather hath done it; nay, that which is our best antidote against it hath done it; the best cordial hath been deadly poison. Men have died of joy, and almost forbidden their friends to weep for them, when they have seen them die laughing. Lven that tyrant, Dionysius (I think the same that suffered so much after), who could not die of that sorrow, of that high fall, from a king to a wretched private man, died of so poor a joy, as to be declared by the people at a theatre, that he was a good poet. We say often, that a man may live of a little; but, alas, of how much less may a man die? And therefore the more assistants the better; who comes to a day of hearing, in a cause of any importance, with one advocate 7 In our funerals, we ourselves have no interest; there we cannot advise, we cannot direct: and though some nations (the Egyptians in particular) built themselves better tombs than houses, because they were to dwell longer in them; yet, amongst ourselves, the greatest man of style whom we have had, the Conqueror, was left, as soon as his soul left him, not only without persons to assist at his grave, but without a grave. 'Who will keep us then, we kuow not; as long as we can, let us admit as much help as we can; another and another physician, is not another and another indication, and symptom of death, but another and another assistant, and protector of life: nor do they so much feed the imagination with apprehension of danger, as the understanding with comfort. Let not one bring learning, another diligence, another religion, but every one bring all; and as many ingredients enter into a receipt, so may

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 many men make the receipt. But why do I exercise my meditation so long upon this, of having plentiful help in time of need? Is not my meditation rather to be inclined another way, to condole and commiserate their distress who have none? How many are sicker (perchance) than I, and laid in their woful straw at home (if that corner be a home), and have no more hope of help, though they die, than of preferment, though they live! Nor do more expect to sce a physician then, than to be an officer after; of whom, the first that takes knowledge, is the sexton that buries them, who buries them in oblivion too! For they do but fill up the number of the dead in the bill, but we shall never hear their names, till we read them in the book of life with our own. How many are sicker (perchance) than I, and thrown into hospitals, where (as a fish left upon the sand must stay the tide) they must stay the physician's hour of visiting, and then can be but visited! How many are sicker (perchance) than all we, and have not this hospital to cover them, not this straw to lie i, to die in, but have their gravestone under them, and breathe out their souls in the ears and in the eyes of passengers, harder than their bed, the flint of the street! that taste of no part of our physic, but a sparing diet, to whom ordinary porridge would be julap enough, the refuse of our servants bezoar enough, and the offscouring of our kitchen tables cordial enough. O my soul, when thou art not emough awake to bless thy God enough for his plentiful mercy, in affording thee many helpers, remember how many lack them, and help them to them, or to those other things which they lack as much as them.

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72 his death. He shall hear, though the information will hardly be pleasant. His statues will be thrown down and trampled on: his wife, who has already been faithless to him, will marry her lover: his daughter will go into slavery. In vain he begs for life, though the life be that of a slave. Mercury, with the help of Cyniscus, drives him into the boat, and threatens to tie him to the mast. At this moment a little figure rushes forward, and begs not to be left behind. It is Micyllus, a poor cobbler. He has not found life on earth altogether so pleasant, that he cares to continue it. "At the very first signal of Atropos," says he, "I jumped up gladly, threw away my knife and leather, and an old shoe I had in my hand, and without stopping even to put on my slippers or wash off the black from my face, followed her at once—or rather led the way. There was nothing to call me back, I had no tie to life,—neither land, nor houses, nor gold, nor precious furniture; no glory and no statues had I to leave behind. Indeed I like all your ways down below very much; there's equality for all, and no man is better than his neighbour; it all seems to me uncommonly pleasant. I suppose nobody calls in debts here, or pays taxes: above all, there is no cold in winter, no sickness, and no beatings from great people. Here all is peace, and conditions seem quite reversed; we poor laugh and are merry, while your rich men groan and howl." He is eager to be ferried over at once to that further shore; and when Charon sulkily declares there is no room in the boat for him, he strips and proposes to swim across the Styx; he shall get over that way


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Y God, my God, thy blessed servant Augustine begged of thee, that Moses might come and tell him hat he meant by some places of Genesis: may I have leave to ask of that Spirit that writ that book, why, when David expected news from Joab's army, and that the watchman told him that he saw a man running alone, David concluded out of that circumstance, that if he came alone, he brought good news ? I see the grammar, the word signifies so, and is so ever accepted, good news; but 1 see not the logic nor the rhetoric, how David would prove or persuade that his news was good because he was alone, except a greater company might have made great impressions of danger, by imploring and importuning present supplies: howsoever that be, I am sure, that that which thy apostle says to Timothy, Only Luke's with me, Luke, and nobody but Luke, hath a taste of complaint and sorrow in it: though Luke want no testimony of ability, of forwardness, of constancy, and perseverance, in assisting that great building which St. Paul laboured in, yet St. Paul is affected with that, that there was none but Luke to assist. We take St. Luke to have been a physician, and it admits the application the better, that in the presence of one good physician we may be glad of more. It was not only a civil spirit of policy, or order, that moved Moses's father-in-law to persuade him to divide the burden of government and judicature with others, and take others to his assistance, but it was also thy immediate Spirit, O my God, that moved Moses to present unto

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 thee seventy of the elders of Israel, to receive of that Spirit, which was upon Moses only before, such a portion as might ease him in the government of that people; though Moses alone had endowments above all, thou gavest him other assistants. I consider thy plentiful goodness, O my God, in employing angels, more than one, in so many of thy remarkable works. Of thy Son, thou sayest, Let all the angels of God worship him ; if that be in heaven, upon earth he says, that he couwld command twelve legions of angels ; and when heaven and earth shall be all one, at the last day, thy Son, O God, the Son of man, shall come in his glovy, and all the holy angels with him. The angels that celebrated his birth to the shepherds, the angels that celebrated his second birth, his resurrection, to the Maries , were in the plural, angels associated with angels. In Jacob's ladder, they who ascended and descended, and maintained the trade between heaven and earth, between thee and us, they who have the commission, and charge to guide us in all our ways , they who hastened Lot , and in him, us, from places of danger and temptation, they who are appointed to instruct and govern us in the church here , they who are sent to punish the disobedient and refractory , that they are to be the mowers and harvestmen after we are grown up in one field, the church, at the day of judgment, they that are to carry our souls whither they carried Lazarus , they who attend at the several gates of the new Jerusalem , to admit us there; all these who administer to thy servants, from the first to their last, are angels, angels in the plural, in every

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 service, angels associated with angels. The power of a single angel we see in that one, who, in one night destroyed almost two hundred thousand in Sennacherib's army, yet thou often employest many; as we know the power of salvation is abundantly in any one evangelist, and yet thou hast afforded us four. Thy Son proclaims of himself, that thy Sperit hath anointed him to preach the Gospel, yet he hath given others for the perfecting of the saints in the work of the ministry. Thou hast made him Bishop of our souls, but there are others bishops too. He gave the Holy Ghost, and others gave it also. Thy way, O my God (and, O my God, thou lovest to walk in thine own ways, for they are large), thy way from the beginning, is multiplication of thy helps; and therefore it were a degree of ingratitude, not to accept this mercy of affording me many helps for my bodily health, as a type and earnest of thy gracious purpose now, and ever, to afford me the same assistances. That for thy great help, thy word, I may seek that, not from corners, nor conventicles, nor schismatical singularities, but from the association and communion of thy Catholic church, and those persons whom thou hast always furnished that church withal: and that I may associate thy word with thy sacrament, thy seal with thy patent; and in that sacrament associate the sign with the thing signified, the bread with the body of thy Son, so as I may be sure to have received both, and to be made thereby (as thy blessed servant Augustine says) the ark, and the monument, and the tomb of thy most blessed Son, that he, and all the merits of his death, may, by that receiving, be buried in me, to my quickening in this world, and my immortal establishing in the next.

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ETERNAL and most gracious God, who gavest to thy servants in the wilderness thy manna, bread so conditioned, qualified so, as that, to every man, manna tasted like that which that man liked best, I humbly beseech thee to make this correction, which I acknowledge to be part of my daily bread, to taste so to me, not as I would, but as thou wouldst have it taste, and to conform my taste, and make it agreeable to thy will. Thou wouldst have thy corrections taste of humiliation, but thou wouldst have them taste of consolation too; taste of danger, but taste of assurance too. As therefore thou hast imprinted in all thine elements of which our bodies consist, two manifest qualities, so that as thy fire dries, so it heats too; and as thy water moists, so it cools too; so, O Lord, in these corrections which are the elements of our regeneration, by which our souls are made thine, imprint thy two qualities, those two operations, that, as they scourge us, they may scourge us into the way to thee: that when they have showed us that we are nothing in ourselves, they may also show us, that thou art all things unto us. When therefore in this particular circumstance, O Lord (but none of thy judgments are circumstances, they are all of all substance of thy good purpose upon us), when in this particular, that he, whom thou hast sent to assist me, desires assistants to him, thou hast let me see in how few hours thou canst throw me beyond the help of man, let me by the same light see that no vehemence of sickness, no temptation of Satan, no guiltiness of sin, no prison of death, not this first, this sick bed, not the other prison, the close and dark grave, can remove me from the determined and good purpose which thou hast sealed concerning me. Let me think no degree of this thy correction casual, or without

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Rh perhaps as fast as they will. At last it is settled that he is to sit on the tyrant's back; "and kick him well," says Clotho. The Cynic now takes up the dialogue. He, like his fellow-philosopher Menippus, has no money to pay his passage.

Cyniscus. I'll tell you the plain truth, Charon—I haven't a penny to pay for my passage: nothing in the world but my scrip and staff here. But I'm quite ready to pump or to row: you shall have no reason to complain, if you can find me a good strong oar.

Charon. Pull away, then. I must be content to get that much out of you.

Cyn. Shall I give you a song?

Cha. Well, do; if you know a good sea-stave.

Cyn. I know plenty, Charon. But these fellows are blubbering so loud, they'll drown my voice.

Dead men, in discordant chorus. O my riches!—O my lands!—Oh, what a beautiful house I've left behind me!—Alas! for all the money my heir will squander!—Alas, my poor dear children!—Ah! who'll gather the grapes from those vines I planted last year?

Merc. Have you nothing to lament, Micyllus? Indeed it's against all rule for any one to make this voyage without a few tears.

Micyllus. Nonsense! I've nothing to cry for, on such a pleasant voyage.

Merc. Nay, just cry a little, do—just to keep up the custom.

Mic. Very well, if you wish it, Mercury—here goes.—O my leather-parings! O my old shoes! Alas!


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 signification; but yet when I have read it in that language, as a correction, let me translate it into another, and read it as a mercy; and which of these is the original, and which is the translation; whether thy mercy or thy correction were thy primary and original intention in this sickness, I cannot conclude, though death conclude me; for as it must necessarily appear to be a correction, so I can have no greater argument of thy mercy, than to die in thee, and by that death to be united to him who died for me.

TILL when we return to that meditation, that man is a world, we find new discoveries. Let him be a world, and himself will be the land, and misery the sea. His misery (for misery is his, his own; of the happiness even of this world, he is but tenant, but of misery the freeholder; of happiness he is but the farmer, but the usufructuary, but of misery the lord, the proprietary), his misery, as the sea, swells above all the hills, and reaches to the remotest parts of this earth, man; who of himself is but dust, and coagulated and kneaded into earth; by tears his matter is earth, his form misery. In this world, that is mankind, the highest ground, the eminentest hills, are kings; and have they line and lead enough to fathom this sea, and say, "My misery is but this deep?" Scarce any misery equal to sickness, and they are subject to that equally with their lowest subject. A glass is not the less brittle, because a king's face is represented in it; nor a king the less brittle, because God is represented in him. They have physicians continually about them, and therefore

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 wise, would, like my worthy friend, have been deceived by his intricate machinations, and tempted to adopt the opinion that enlightened officer had once defended so stoutly.

I was almost angry with myself for having let slip the opportunity of forcing that dangerous man to a confession of his dark and diabolical transgressions. It is true, I myself knew him as an hardened impostor, but could he not drag into the gulph of perdition many of my fellow creatures, who, like myself, would fall an easy victim to his deceitful hypocrisy?

This thought overwhelmed me with a load of uneasiness, and I reproached myself severely for having imitated the over generous example of the Austrian, and suffered the accomplished villain to decamp, without punishment. I had, indeed, reason to apprehend that the magistrate of F would not have regarded much the information of a recruiting


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 Pocklington, William, of co. Lincoln, "serviens." ., matric. entry under date 1575, aged 19; "Grammaticus," B.A. 22 Feb., 1574-5, M.A. 6 July, 1581; rector of Pickwell, co. Leicester, 1579. See Foster's Index Eccl.  Pocock, Abraham, s. Edward, of Chieveley, Berks, sac. ., matric. 26 Nov., 1641, aged 15.  Pococke, Charles, s. Edward, of Childrey, Berks, doctoris. , matric. 22 March, 1677-8, aged 16; B.A. 1681, M.A. 1684; rector of Cheriton Bishop, Devon, 1690, licenced (V.G.) 11 May, 1692, to marry Mary Lyde, alias Jiner, of St. Peter-in-the-East, Oxford; brother of Robert 1673, and of Thomas 1667, and of Edward 1665. See Foster's Index Eccl.  Pococke, Edward, of Hants, pleb. ., matric. 2 July, 1585, aged 17; demy 1585-91, B.A. 13 Feb., 1587-8, fellow 1591-1604, M.A. 5 May, 1592, B.D. 17 July, 1602; vicar of Chieveley, Berks, 1603; brother of Isaac, and father of Edward next-named. See Bloxam, iv. 225; & Foster's Index Eccl.  Pocock, Edward, born at Oxford (s. Edward), cler. , matric. 4 June, 1619, aged 15; scholar. 11 Dec., 1620, B.A. 28 Nov., 1622, M.A. 28 March, 1626, fellow 1628 (incorporated at Cambridge 1628), B.D. 8 July, 1636; canon of 1648-50, and 1659, D.D. 20 Sept., 1660, Laudian professor of Arabic 1636, and regius professor of Hebrew 1648, (ejected 1651), and 1660-91, an oriental traveller and linguist, chaplain to the English merchants at Aleppo 1629, rector of Childrey, Berks, born 1603, baptised at St. Peters-in-the-East, Oxford, 8 Nov., 1604; died in Christ Church 10 Sept., 1691, buried in the choir, will at Oxford proved 14th; father of Edward 1661, and of Charles 1678. See Ath. iv. 318; Burrows, 489, 496; Lansdowne MS. 987. f. 135; & Foster's Index Eccl.  []

Poco(c)ke, Edward, cler. fil. ., matric. 25 Feb., 1650-1; B.A. 25 Oct., 1654, M.A. 4 July, 1657.  Pocock, Edward, s. Edward, S.T.D., matric. 30 May, 1661; student 1661, B.A. 3 Feb., 1664-5, M.A. 14 March, 1667-8; "beneficed in Berks," canon of Sarum 1675, and rector of Mildenhall, Wilts, 1692, until his death 1727; father of John 1703, and brother of Charles 1678. See Ath. iv. 651; & Foster's Index Eccl.  Pocock, Giles, s. John, of Chadleworth, Berks, pleb. ., matric. 5 April, 1639, aged 16; student of Gray's Inn 1647; father of the next. See Foster's Gray's Inn Reg.

Pococke, Giles, s. Giles, of Chieveley, Berks, gent. ., matric. 8 April, 1679, aged 16; brother of Thomas 1689, and of John 1673, and Roger 1684.

Pococke, Hugh; B.A. from. 19 July, 1655, student of Gray's Inn 1653, as of Woolley Farm, Berks. See Foster's Gray's Inn Reg.
 []

Pocock, Hugh, s. H., of Chieveley, Berks, pleb. ., matric. 9 May, 1684, aged 16; B.A. from. 1688; M.A. from ., Cambridge, 1705, vicar of Poughley alias Chaddleworth, Berks, 1694; father of John 1676. See Foster's Index Eccl.

Pocock, Isaac, of Oxon, pleb. ., matric. 9 May, 1589, aged 18; demy 1588-97, B.A. 3 Nov., 1595, fellow 1597-1608, M.A. 11 Dec., 1599, vicar of Sela als. Beeding, Sussex, 1603, until his death; buried there 28 Aug., 1636; brother of Edward 1585. See Bloxam, iv. 229.

Pocock, John, s. Giles, of Chieveley, Berks, gent. ., matric. 13 May, 1673, aged 18; student of Gray's Inn 1675; brother of Giles 1679, and of Thomas 1689. See Foster's Gray's Inn Register.

Pococke, John, s. Hug., of Chadleworth, Berks, pleb. ., matric. 5 May, 1676, aged 15; B.A. from. 1680, M.A. 1683, rector of Chinnor, Oxon, 1699-1706, and perhaps again in 1710 by simony from Samuel Dunster, and without institution. See Foster's Index Eccl.

Pococke, John, s. Edw., of Mildenhall, Wilts, cler. , matric. 18 March, 1702-3, aged 17; B.A. 1707, M.A. 1711, rector of Mildenhall 1727-63, vicar of Compton, Berks, 1731-67, canon of Sarum 1746, until his death at Mildenhall 13 July, 1773. See Foster's Index Eccl.
 []

Pocock, John, s. Tho., of Peter Tavy, Devon, cler. ., matric. 8 July, 1710, aged 18; B.A. 1714.

Pocock, Laurence; B.A. from. 4 Feb., 1607-8, M.A. 4 June, 1611, rector of Brightwaltham), Berks, 1626; father of the next, and of Robert 1643, and of Zachariah 1638. See Foster's Index Eccl.

Pocock, Laurence, s. Laurence, of Brickleton (Brightwaltham, Berks, sacerd. ., matric. 2 April), 1641, aged 15; B.A. 3 Nov., 1646, M.A. 20 Sept., 1660, vicar of Stanford-in-the-Vale, Berks, 1670-1700; brother of Robert 1643, and of Zachariah. See Foster's Index Eccl.

Pocock, Laurence, s. Rich., of Newbury, Berks, pleb., matric. 25 Nov., 1671, aged 16, B.A. 1676; perhaps vicar of Nasing, Essex, 1682, and rector of Friern Barnet, Middlesex, 1684 (as M.A.), until his death in 1687. See Foster's Index Ecclesiasticus.

Pococke, Philip, s. Richard, of Colmer, Hants, cler. ., matric. 13 Dec., 1688, aged 17, B.A. 1692; rector of South Stoneham, Hants, 1699; brother of Richard 1684. See Foster's Index Eccl.
 []

Pococke, Richard, pleb. , subscribed 7 Nov., 1655, B.C.L. from. 1664, rector of Colmer, Hants, 1660; father of Philip and Richard 1684. See Foster's Index Eccl.

Pocock, Richard, s. Richard, of Chieveley, Berks, arm. ., matric. 16 May, 1679, aged 17.

Pococke, Richard, s. R., of Colmer, Hants, cler. ., matric. 16 Oct., 1684, aged 18; clerk. 1688-90, B.C.L. 1 March, 1693-4; brother of Philip 1688. See Bloxam, ii. 82.

Pococke, Robert, of Berks, pleb. , matric. 28 April, 1615, aged 15; B.A. 10 July, 1618, M.A. 12 June, 1621, rector of Bright Waltham, Berks, 1624. See Foster's Index Eccl.

Pococke, Robert, s. Laurence, of Brickleton, Berks, sacerd. ., matric. 10 May, 1643, aged 16, B.A. 3 June, 1647; M.A. 23 Aug., 1660, rector of Long Ditton, Surrey, 1665; licenced 29 April, 1669, to marry Sarah Lough, of Sherburne, Hants; brother of Laurence 1641. See Foster's Index Eccl.
 []

Pocock, Robert, s. Edward, S.T.D., matric. 5 May, 1673, aged 15; B.A. 6 Feb., 1676-7, M.A. 1679, Westminster scholar; brother of Thomas 1667. See Al. West. 172.

Pococke, Robert, s. Jocl., "of S. Miles, Cornwal" (St. Michael's, Cornhill), London, pleb. ., matric. 18 July, 1713, aged 17.

Pococke, Roger, s. Giles, of Chieveley, Berks, gent. ., matric. 12 June, 1684, aged 15; B.A. 1688, M.A. 1691, rector of Middleton, Sussex, 1701; brother of Giles 1679. See Rawl. i. 297; & Foster's Index Eccl.

Pocock, Samuel, "stationarius," privilegiatus 25 Feb., 1660-1, subscribes "bookseller."

Pococke, Thomas, of Berks, pleb. , matric. 17 April, 1618, aged 16; B.A. 28 June, 1620, M.A. 26 May, 1623.

[] [ 1174 ]


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 Pococke, Thomas, demy. 1625-9, B.A. 26 Jan., 1627-8; perhaps related to Edward 1585, and Isaac. See Bloxam, v. 117.

Pococke, Thomas, s. Edward, S.T.D., matric. 15 March, 1666-7, B.A. 1670, M.A. 1673; incorporated at Cambridge 1674; vicar of Morwinstow, Cornwall, 1677, and rector of St. Peter Tavy, Devon, 1686; brother of Robert 1673, and father of John 1710. See Foster's Index Ecclesiasticus.

Pocock, Thomas, s. John, of Hammersmith, Middlesex, privilegiatus 18 Jan., 1683-4, aged 30; "servus Dni. Sherrard, LL.B. & soc. St. Johns."

Pocock, Thomas, s. Greg., of London, gent. , matric. 24 June, 1686, aged 15, B.A. 1690; chaplain to Lock hospital 1715-33, by governors of St. Bartholomew. See Rawl, vi. 238.

Pococke, Thomas, s. Giles, of Reading, Berks, gent. , matric. 22 March, 1688-9, aged 17; B.A. from 1692, M.A. 1695, vicar of Chalgrove, Oxon, 1701; brother of Giles 1679. See Foster's Index Eccl.

[]

Pocock, Thomas, s. Th., of Middlesex, gent. ., matric. 28 Nov., 1690, B.A. 1694; M.A. from 1698, born in St. Clements, Middlesex, 15 June, 1672, educated at Abingdon, Berks, rector of Danbury, Essex, 1705, a chaplain of Royal hospital at Greenwich 1716, rector of Latchingdon-cum-Lalling, Essex, 1712. See Rawl. v. 276, xviii. 221; & Foster's Index Ecclesiasticus.

Pocock, Zachariah, s. Lawrence, of Bright Waltham, Berks, sacerd. ., matric. 12 Oct., 1638, aged 18; B.A. 10 May, 1642, M.A. 12 July, 1645, rector of Bright Waltham 1658; brother of Lawrence 1641, and of Robert 1643. See Foster's Index Eccl.

Podmore, John, cler. fil. ., matric. 11 April, 1660; one of these names rector of Adderley, Salop, 1662. See Foster's Index Eccl.

Podmore, Thomas, s. John, of Adderley, Salop, minister. ., matric. 18 March, 1664-5, aged 19.

Poe, Theophilus, s. Leonard, of London, D.Med. , matric. 6 Feb., 1623-4, aged 15.

[]

Poëton, John, s. Edward, of Petworth, Middx. (sic), sacerd. , matric. 12 May, 1637, aged 18; rector of Ashbury, Berks, 1661, See Foster's Index Eccl.

Poindexter, John, M.A.; fellow ., 1635, until expelled 1648, lieut. Bailly of Jersey; possibly B.A. from ., Cambridge, 1629-30, M.A. 1633; died 1691, aged 83. See Boase, 65; & Foster's Graduati Cantab.

Poingdestre, John, s. Charles, of St. Saviour, Isle of Jersey, arm. ., matric. 4 July, 1713, aged 20.

Poindexter, Philip, s. Thomas, of Jersey, Hants, pleb. ., matric. 15 June, 1638, aged 16; B.A. 11 Nov., 1641.

Poingdestre, Thomas (Poyngdestre); created B.D. from. 31 Aug., 1636.

[]

Pointel, William (Pomcel), of Middx., pleb. ., matric. entry under date 20 Dec., 1577, aged 16; perhaps rector of Carlton Scroop, co. Lincoln, 1580. See Foster's Index Eccl.

Pointer. See also.

Pointer, John (Poynter) of London, arm. ., matric. 28 March, 1617, aged 17; B.A. 2 July, 1618 (subs. as Poynter); sub-dean and canon of 1655, resigned 1662; a puritanical preacher, lecturer of St. Mildred, Bread Street, and of Wootton Wawen, co. Warwick, 1630-1, minister of Huntingdon 1632-43, vicar of Bures, Essex, 1646-55; died 2 Jan., 1683, aged 84, grandfather of John and Malachias. See Fasti, i. 379; Calamy, i. 216; Rawl. xviii, p. 225b; & ''Add. MS''. 15,670, p. 58.

Pointer, John, s. J(ohn), of Alkerton, Oxon, cler. ., matric. 24 Jan., 1686-7, aged 19; postmaster, B.A. 1691, chaplain 1693, M.A. 1694, vicar of Keresley, co. Warwick, rector of Slapton, Northants, 1694-1754, author of "Oxoniensis Academia;" brother of Malachias; his father rector of Alkerton 1663-1710. See Rawl. i. 274, xviii. 224; & Foster's Index Eccl.

Pointer, Malachias, s. John, of Alkerton, Oxon, cler. ., matric. 8 Feb., 1687-8, aged 15; B.A. 18 Feb., 1691-2, M.A. 1694, rector of Alkerton 1711; brother of John last-named. See Foster's Index Eccl. []

Pointer, Samuel, of. 1665. See.

Poke, Thomas s. Jo., of Reading, Berks, pleb. , matric. 19 June, 1677, aged 17; B.A. from 1682, rector of Horham 1693-1704, and of Rickinghall Superior, Suffolk, 7-22 Oct., 1712. See Foster's Index Eccl.

Polden, Mathew, fellow of. 1527-31, from Milton, Dorset, B.A. 17 July, 1531. See O.H.S. i. 342.

Polden, Robert, of Dorset, pleb. , matric. 16 Oct., 1584, aged 19.

Polden, Robert, subscribed 14 Oct., 1597; B.A. from. 24 April, 1601, M.A. 17 Jan., 1604-5, B.D. July, 1612.

[]

Polden, Thomas. , matric. entry under date 1572.

Pole. See also {sc|Poole}} and {sc|Powle}}, or {sc|Powell}}.

Pole, Charles (or Carolus), s. John, of Shute, Devon, bart. ., matric. 27 Aug., 1705, aged 17; B.C.L. 16 Feb., 1711-12, in holy orders; rector of St. Breock, Cornwall, 1710. See Hearne, iii. 299; & Foster's Index Eccl.

Pole, David, fellow. 1520, B.C.L. —, B.Can.L. 2 July, 1526, D.Can.L. 17 Feb., 1527-8, advocate Doctors' Commons 1529, canon of Lichfield 1531, archdeacon of Salop 1536, and of Derby 1543, dean of the arches, chancellor of the diocese of Lichfield and Coventry, bishop of Peterborough 1557, deprived 1559; made his will 17 May, 1568, proved 6 July following. See Ath. ii. 801; Coote's Civilians, 26; Lansdowne MS. 980, f. 283; & Fasti, i. 74.

Pole, Francis, of Devon, equitis fil. ., matric. 24 March, 1609-10, aged 16; B.A. 3 Nov., 1612; M.A. from 12 June, 1616, vicar of Tregoney, Cornwall, 1623; brother of Periam, and William 1610. See Foster's Index Ecclesiasticus.

[]

Pole, John (or Powle), B.A. 9 May, 1520, M.A. supd. 11 July, 1521; one John Pool, vicar of Hartley Wintney, Hants, 1545. See Foster's Index Eccl.

Pole, Matthew (or Poole), s. Francis, of York, admitted to ., Cambridge, 2 July, 1645, B.A. 1648-9, M.A. 1652; incorporated 14 July, 1657, rector of St. Michael-le-Querne, London, 1648, until ejected for nonconformity 1662, retired to Amsterdam for the free exercise of his religion, and died there Oct., 1679. See Calamy, i. 167; & Fasti, ii. 205. [ 1175 ]


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74 no longer shall I go from dawn till evening without food, nor walk barefoot and half-clad all the winter, with my teeth chattering for cold! And, oh dear! who will inherit my old awl and scraper?

Merc. There, that'll do; we've almost got across.

Cha. Now, pay your fares, all of you, the first thing. You there, fork out! And you! Now I've got all, I think.—Micyllus, where's your penny?

Mic. You joke, my friend; you might as well try to get blood out of a turnip, as they say, as money out of Micyllus. Heaven help me if I know a penny by sight—whether it's round or square!

The scene which follows, satire though it be, has a terrible amount of truth in it. The tone of burlesque passes almost into that of tragedy. It reads like a passage from some dramatic mediæval sermon. The dead are summoned one by one before the tribunal of Rhadamanthus. Each has to strip for examination: for, burnt in upon the breast of every man, patent now to the Judge of Souls, though invisible to mortal eyes, will be found the marks left by the sins of his past life. Cyniscus presents himself first, cheerfully and confidently. Some faint indications there are upon


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Works

 * Most of the Toodyay letters

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Rh his person of scars, healed over and almost obliterated. He explains that these are the traces of great faults committed in his youth through ignorance, which by the help of philosophy he has amended in his maturer years. He is acquitted, and bid to take his place among the just, after he shall have given evidence against the tyrant Megapenthes. Micyllus, the poor cobbler, who has had few temptations, shows no marks at all. But when Megapenthes, hanging back in terror from the scrutiny, is hurled by Tisiphone into the presence of the judge, Cyniscus has a terrible list of crimes to charge against him. He has abused his power and wealth to the most atrocious deeds of lust and cruelty. In vain he tries to deny the accusations: his Bed and his Lamp, the unwilling witnesses of his debaucheries, are summoned, by a bold and striking figure of impersonation, to bear their evidence against him; and when he is stripped for examination, his whole person is found to be livid with the marks imprinted on it by his crimes. The only question is what punishment shall be assigned him. The Cynic philosopher begs to suggest a new and fitting one.

Cyniscus. It is the custom, I believe, for all your dead here to drink the water of Lethe?

Rhadamanthus. Certainly.

Cyn. Then let this man alone not be permitted to taste it.

Rhad. And why so?

Cyn. So shall he suffer the bitterest punishment in the recollection of all that he has been and done,


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76 and all the power he had while on earth, and in the thought of his past pleasures.

Rhad. Excellently well advised! Sentence is passed. Let him be fettered and carried away to Tartarus, there to remember all his past life.

The keen intellect which rejected, as some of the greatest minds of antiquity had done before him, the inventions of poet and mythologist as to the future state, could appreciate the awful truth of a moral hell which the sinner carried always within him. Lucian would have said, with that great Roman poet who found no refuge from superstition but in materialism,—

In that thought, at least, the Christian poet is in accord with the heathen. It is the punishment which Milton imagines for the Great Tempter himself:—


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Author:William Sykes

 * William Henry Sykes (1790–1872), English naturalist and politician
 * William Sykes (1827–1891), English convict, transported to Western Australia for manslaughter.
 * William Sykes (?–?), his son

title: Author:William Sykes


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 set; my rose-garden and my paradise wherein I take my pleasure." The King of Færy heard all this and a great deal more; but he found a little of it go a long way and moved on with his train to hold a speech-court under a great oak, whither all the Fair Folk of Wentwood assembled. And after Bertha and Sir Symon d'Espalion had brought their service to an end, had kissed and colled and looked into one another's eyes, had spoken and remained silent; they began to consider that it would be as well to mount and make their way to Struggle without delay, since folks are apt to be suspicious and say nasty things of a knight and a lady who get lost in the woods together. The general lack of charity indeed, was and is, a most sorrowful thing; one has only to be seen going by the same road once or twice in a week and they say directly "What wench is he after?" "Who lives on the other side of the hill?" And if a young gentleman is seen alone with a lady there are seldom wanting malicious personages who declare they are lovers. I hope you will always avoid these courses and if you see me at any time rather close to a girl with black eyes; say presently "They are discussing philosophical questions," in the which statement you cannot fail to be right and accurate. But the two lovers of Wentwood, in mortal fear of busybodies and unkind observations rode swiftly, or as swiftly as the undergrowth would let them, to Struggle and found the knights and hunting men in the court slicing up a few bucks and drinking as much as gentlemen ought to drink. Here Sir Symon handed Ber-

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 few miles of the castle of Athlin, when Alleyn made known his design of collecting his friends, and joining the clan in an attempt to release the Earl; Edric, and the other soldier, having solemnly inlisted in the cause, they parted; Alleyn and Edric pursuing the road to the castle, and the others striking off to a different part of the country. Alleyn and Edric had not proceeded far, when the groans of the wounded servants of Matilda drew them to the wood, in which the preceding dreadful scene had been acted. The surprize of Alleyn was extreme, when he discovered the servants of the Earl in this situation; but surprize soon yielded to a more poignant sensation, when he heard that Mary had been carried off by armed men He scarcely waited to release the servants, but seizing one of their horses which was grazing near, instantly mounted, ordering the rest to follow, and took the way which had been pointed as the course of the ravishers. Fortunately it was the right direction and Alleyn and the soldier came up with them as they were hastening to the mouth of that cavern whose frightful aspect had chilled the heart of Mary with a temporary death. Their endeavours to fly were vain; they were overtaken at the entrance; a sharp conflict ensued, in which one of the ruffians was wounded and fled; his comrades seeing the servants of the Earl approaching, relinquished their prize, and escaped through the recesses of the cave. The eyes of Alleyn were now fixed in horror on the lifeless form of Mary, who had remained insensible during the whole of the affray; he was exerting every effort for her recovery, when she unclosed her eyes, and joy once more illumined his soul.

During the recital of these particulars, which Alleyn delivered with a modest brevity, the mind of Mary bad suffered a variety of emotions sympathetic to all the vicissitudes of his situation. She endeavoured to conceal from herself the particular interest she felt in his adventures, but so unequal were her efforts to the strength of her emotions, that when Alleyn


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 tha down with such a complete and icy courtesy that several knowing winks were nipped short, and mouths were opened instead of eyes being shut; for they were simple men and unversed in stratagems and deceits. And all the evening Sir Symon clung to the skirts of a nice girl with yellow hair and long fingers, whom he entertained with ballads, canzonets, little stories, and odd questions, and, I am afraid, rather turned her head; for his manners, it must be confessed, were extremely pleasing. And using some caution and looking out for brambles in his path Sir Symon contrived to live as joyously as any knight could desire for the next week or two; for how pleasant are the beginnings of love and the various wandering byways which all lead to the same place. Byways, do I say? Rather ladders, graduals to the Mount Marvellous and the Castle beyond Conceit, mounting through deep blossoming orchards, flowery closes, and boskages of solemn scent; and the way now illuminate and radiant, now dim and mystical; but all most lovely, sweet, unearthly, quite passing all compare. Here we cannot climb alone, to the solitary the gate is barred, and the bridge drawn up across the deep blackness of the moat of melancholy; but hither maiden hands do guide us, red lips entice, and a girl's eyes are lamps before us. From what I have said before of my Bertha, you know that she was one whom the stars had shapen marvellously, and choicely well, and Sir Symon found that she led him by sweeter paths to bliss than any that his dreaming soul had trodden; or any that he had fashioned

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User talk:Vinceemery

--EncycloPetey (talk) 19:42, 4 December 2023 (UTC)

title: User talk:Vinceemery


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 formerly in the bygone ballad of his life. Let us no more say that they rode through Wentwood, or looked on Severn Sea and the waving cornfields of Gwent; but rather wandering they went among the mazes of a Forest of Phansy; rested beneath trees of might unimaginable; and saw below them golden clouds, shining water, and glittering vanes, high turrets, and pinnacles now lifted merely above a silver misty sea, and now rising from tower and gateway and stony wall. And oh! the pomps and glorious shows they beheld (when their hands were clasped) in the courts of the castle; for thither all ancient noble lovers did resort as the old poet tells us. For he says—

They that have truly kept the ordinance

The King has made, which is our Lord Royall,

With perfect love and leal observance;

When that the doom of death do on them fall

Then do they win their bliss and maintenance

And joyous pleasure in a wondrous hall.

It is so fair, I guess it passeth thought.

And by no rhyming may at all be sought.

Hither then did Bertha and Symon look from the greeny lattices that the hazel and the rose and honeysuckle twisted; since they had vowed, either to other, a perfect and enduring love, and so had fellowship with the true lovers of the old time, who for their King's sake had endured pain and sorrow, shame, death and dishonour rather

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 than transgress their faith and law. But one day as these two sweethearts were busily engaged in their favourite occupations; that is to say the business and quidditative investigation of searching for the soul of a kiss; pursuing that queer, subtle, and undoubtedly delicious entity through all its transformations; a sudden thought came into Bertha's depositary of notions, and this thought made her knit her brows. "Do you think my Father would like to see us thus?" asked she, stroking Sir Symon's curly hair in a meditative kind of way. "Hardly I suppose," answered the knight, "seeing that I am an exiled man, living only from his board: but it isn't of much consequence, is it?" "Only that my Father is Ivo Fitz-Baderon, Lord of Estrighoil, and master here of all men's lives and liberties." "Well he could only hang me." "I don't think I should altogether like to see you hanged; besides if that happened you would not be able to marry me, and you would like me to be your wife, wouldn't you?" "Yes, I should certainly like to marry you now you remind me, and as you say, the ecclesiastical law forbids wedlock with ghostly men. But do you think my Lord suspects anything?" "He never suspects, but he sometimes hangs when he thinks he is in danger of being suspicious, for he says this is a very sinful state of mind." "Then shall we ride away together?" "To whitherward?" "Why I don't know exactly, but I suppose there are lords on the Marches, who would willingly buy the sword of a gallant gentleman and shelter him against his enemies." "Ay, there is my lord

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User talk:Jitro160599

--EncycloPetey (talk) 19:48, 4 December 2023 (UTC)

Date order
Standard order for dates is different in the United States, and documents written by, or printed in, the United States may have a different date order. In all situations, the date order on Wikisource should match what appeared in the published text. --EncycloPetey (talk) 19:48, 4 December 2023 (UTC)

 * Now I know that Hong Kong uses American date format rather than British date format. Jitro160599 (talk) 08:46, 6 December 2023 (UTC)

title: User talk:Jitro160599


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 Humphrey de Bohun of Caldicot, to whose son I am promised; and the Baron of Burgavenny my father's brother-in-arms, and the Lord of Uske our cousin: think you that these would have warm sheets ready for us." "Well, yes; but perhaps too warm; and now I think I should like to kiss you." Then they began their game of sweetlips over again, for this was their antiphon which began and ended every thing they did. But for all that, a short time after as Sir Symon was riding with a knight of the company, named Sir Rouf de la Grave; a good natured young fellow with no guile at all in him, the Frenchman began suddenly "What do you conjecture would happen if I were to marry Bertha?" Sir Rouf jerked the reins, rubbed his eyes, and looked into Sir Symon's face, to discover if he were in earnest, but saw about as much expression there as in the face of a man who asks his sweetheart how her mother does to-day. He concluded therefore that the Frenchman being a joker, was playing on him and endeavouring to make his chin fall—that is to say to make a fool of him: and answered with as empty a face as Sir Symon's: "I suppose you would dance." "How?" "With high steps, Sir Symon, most gracefully and wondrously." "This is too deep for me; let me have your meaning plainer." "Why then you would swing." "Swing what?" "A mere trifle, no more than your body; and that to be sure would be a lighter burden than it is now, for it would be relieved of its soul before very long." "It is not possible you mean I should be hanged?" said the French knight,

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Page:Calnetics Corp. v. Volkswagen of America, Inc. (532 F.2d 674).pdf/18

Our resolution of the jury-trial issue makes it unnecessary to deal either with VW’s and Subsidiary’s challenges to the merits of the district court’s holding that the acquisition violated § 7 of the Clayton Act or with their challenges to the equitable relief granted by the district court. Nevertheless, in the interest of judicial economy, it is appropriate to comment briefly on challenged rulings that are likely to recur. On the other hand, our failure to discuss other issues raised by VW and Subsidiary does not indicate approval or disapproval of rulings made below.

A. Definition of Product Market.

In defining the product market, the district court explicitly refused to consider the cross-elasticity of production facilities or capacity. Calnetics Corp. v. Volkswagen of America, Inc., 348 F.Supp. at 618. VW and Subsidiary argue that this refusal rendered the ensuing market definition—“air conditioners sold for use in the Volkswagen family of automobiles,” clearly erroneous because not reflective of the sales opportunities of independent manufacturers of automobile air-conditioning equipment. VW and Subsidiary urge that such manufacturers may with little modification of production facilities produce units for different makes of cars.

The district court’s failure to consider production cross-elasticity was inconsistent with the views of the Supreme Court and of this circuit. This is not to say that production cross-elasticity is the only factor which can be considered by the trier of fact in defining the product market.

B. Effect of the Acquisition.

VW and Subsidiary argue that the trial court erred by relying exclusively on postacquisition changes in market shares in assessing the legality of the merger while omitting any economic analysis of its anticompetitive effect. Without accepting VW and Subsidiary’s characterization of the district court’s method, we agree that a more careful analysis was required.

The primary, though not exclusive, theory of Calnetics’ § 7 attack on VW’s acquisition of Subsidiary was vertical foreclosure. Foreclosure was threatened, Calnetics argued, not because VW itself was likely to satisfy its own demand from the output of the acquired firm but because VW’s dealers and distributors were likely to satisfy their demand from such supply.

A threat of unlawful vertical foreclosure may exist when there is a vertical tie—such as common ownership of a customer and a supplier—for such a tie creates a danger that the normal competitive forces in the marketplace will be displaced. In a vertical merger the danger is that control over both a customer and a supplier will permit the controlling party to coerce the purchasing or selling policies of the captive firm, resulting in a “ ‘clog on competition’ * * [citation omitted],” Brown Shoe Co. v. United States, 370 U.S. 294, 324, 82 S.Ct. 1502, 1523, 8 L.Ed.2d 510, 535 (1962), or a “commanding position [for the controlling party] * * * not gained solely on competitive merit.” United States v. E. I. du Pont de Nemours & Co., 353 U.S. 586, 605, 77 S.Ct. 872, 884, 1 L.Ed.2d 1057, 1074 (1957).


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User talk:GoriV

Wikidata links
Please do not add Wikidata links inside works. We do not do that to texts, and that is not what the Template is for. --EncycloPetey (talk) 19:52, 4 December 2023 (UTC)

title: User talk:GoriV


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Page:Voyage in search of La Perouse, volume 2 (Stockdale).djvu/385

] Before we arrived at Sonda Kari, we had observed large plantations of indigo. This article is principally cultivated in Java by the Chinese, who have a much more extensive acquaintance with the arts than the natives.

We saw likewise several fields in which the ricinus communis was cultivated, from the seeds of which the Javanese extract a kind of lamp-oil.

This plain contains also a few plantations of maize, sugar canes, and the holcus sorghum.

We spent the night in a very neat house, built of bamboo, which stood close by that of the Deman.

14th. On the following day we baited at the west extremity of the same village upon lands under the jurisdiction of the Tomogon of Banguil, who, though he resided at the distance of more than 7,500 toises from thence, came early in the morning to give orders to the inhabitants to provide for our safety, and furnish us with whatever eatables we might want.

The Tomogon was a man of much good sense, spoke the Dutch language very well, and had a competent knowledge of the affairs of Europe. He was a Chinese by birth, but had embraced the Mahometan religion in order to obtain the title of Tomogon.

We were extremely fatigued with the journey


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 laughing all the while to himself at Sir Rouf's poor wit and thick head. "I do not know about being hanged, since that is not a polite expression, nor one used by people of good breeding; but I am quite certain that you would feel it necessary to mount a ladder, tie a scarf rather tightly round your neck; and then begin to foot the mazles of the air, as I have said." "Ah, what would I give to have been nurtured in this land where air and wit are of equal sharpness; but to speak the truth the hot sun of Gascony spoilt my brains when I was quite a little boy." With that Sir Symon talked no more of marrying or hanging, but began to speak of fights and battles he had seen; and Sir Rouf looking at his broad shoulders and thick arms thought to himself "He may not have much to boast of in the way of brains but he would be an awkward customer to meet in a stricken field or joust or tournament." But some years afterwards, Sir Rouf having pondered these matters over in his leisure moments (for he could not eat or fight or drink or make love and think at the same time) all at once smote his head and said so that his wife could not hear him "he was certainly making an ass of me." But Sir Symon, after duly considering this affair, was forced to believe that if he married his dear Bertha, he would come to grief in some way or another, if not by rope thanthen [sic] by axe, and to his mind there was not a pin to choose between either, and both were an abomination to him. Altogether he did not like to the look of things and almost wished he had been hanged in France, which was his native country;

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 and a true patriot like Sir Symon always chooses to give employment to his countrymen rather than strangers. But this wish seems to me not very sensible, since if he were hanged for carrying off the sweet body and unspeakable charms of Bertha, he would have so to speak, his money's worth; nay I profess it were well worth to be the husband of such a girl for a week and then to swing away. And, in effect, he determined to make her his wife, come what might, and they began to plot together how best to bring their love to its consummation. Then Bertha remembered that below Wentwood not far from the Uske river is a little church called Kemeys; by the which the road from Caerleon to Uske passeth—a small church it is in truth and lowly, being named Inferior to distinguish it from that other Kemeys beyond called Commander. But here Bertha said the parson was an old priest who had once looked after souls at Estrighoil Castle, and had loved her beyond all (as was indeed natural) and she believed that he would knot them together ecclesiastically in the sacrament of matrimony. But it was as well, (they thought), to be sure of this beforehand; because if the parson took it into his head to curse instead of to bless it would be rather awkward. Wherefore Bertha wrote a letter (the which she could do very well) superscribing it "For the hands of Dom. Andrew de Fago, parson of Kemeys: these:" and this she gave to Sir Symon who rode down through the wood and came out on the road to Uske not far from Kemeys Church. He had not, you will sup-

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Page:Voyage in search of La Perouse, volume 2 (Stockdale).djvu/386

324 we had made the preceding day upon the small horses common in this island. Their very hard trot galled us the more, as the saddles we were obliged to make use of were not stuffed, but consisted of a very hard kind of wood, with a thick piece of skin glued on for their only covering. Besides, the Javanese stirrups were too short for us, and could not be lowered, which rendered our posture extremely uneasy. We therefore went very little from our habitation during this day, but on the following (15th), we passed over a plain about 2,500 toises in length, and for the greater part already covered with water, before we arrived at the mountains of Prau. The Tomagon of Banguil came to this place on horseback, accompanied by upwards of a hundred attendants, very well mounted. We found him in the forest, where he waited for us; but, having probably very little idea of the simple mode in which naturalists choose to travel, he had made his men bring chairs with them for us to sit down upon at the top of one of the mountains, from whence we had a view through the trees of a great extent of country, which he told us was all in his dependency; and, to impress it the more strongly upon our minds, he immediately ordered the tops of several tek-trees to be struck off; but we saw with regret more than a hundred feet of


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 pose, much trouble to find the parson; though the good man had taken to call himself Beeche since he had changed the Wye for the Uske, thinking perhaps that his parishioners had quite enough Latin on Sundays and holidays. But Sir Symon soon made out the parsonage and found Master Andrew dogmatising and theologically disporting himself in company with a volume of the "Questions," and a flagon of wine; for he was not ignorant of any philosophy. Hospitably he received the stranger and gave him his best chair, and bore another flagon of wine for refreshment and post-viaticum; and then received his daughter Bertha's letter; which made him stare and disturbed his brain. For he thought within himself "If I don't marry them they will certainly agree to dispense with any service at all; and thus they and I through them shall be guilty of mortal sin; to say nothing of robbing the Church of her dues. But if I do marry them there'll be trouble for me and the Archdeacon of Monmouth will doubtless be moved to interfere and take order in the matter to my no small discomfort and annoy." This, you see, was what is called a dilemma, a dilemma that pushed hard and had sharp horns; but since Father Andrew loved Bertha exceedingly and cared more for her health and pleasure than his own; he concluded affirmative, after subjecting Sir Symon to a short examination to make sure that he had no pestilent notions in him, and believed entirely all the doctrines of our Holy Faith. Here indeed he was on safe ground; since the knight hated hereticks as the devil, and it was

title: Page:The Chronicle of Clemendy.pdf/327


text: Page:The art of music - a comprehensive library of information for music lovers and musicians (IA cu31924022385268).pdf/7


text: Page:The art of music - a comprehensive library of information for music lovers and musicians (IA cu31924022385268).pdf/10


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 safer to call him a recreant and a coward than to speak a word in his hearing against the Church or the doctrines thereof. But at the same time the parson warned him that he was putting his body into the dungeon and maybe his neck into the noose; though since Father Andrew de Fago had been young himself once upon a time he did not expect to have much effect. In fine, he agreed to join this fine couple together in three days' time, and he let Sir Symon know that there was a ship that should weigh anchor from Caerleon that very morning and its voyage was to Venice in Italy. And as it seemed certain that it would be a good thing for the knight and his lady to get beyond call of Estrighoil Castle and Earl Ivo Fitz-Baderon it was determined that they should sail in the Torchbearer and hasten to southward ere the stormy weather and troublous time began. And the good old parson promised to agree with the master of the ship (to whom he was akin) so that all should be in readiness for them; and sent Sir Symon away up the hill with his blessing. So was this affair brought to a conclusion, for a man and a woman, the one dressed like a poor clerk and the other as a merchant's daughter, stole away from Struggle and vanished into the mist of the morning, and not a soul of the Earl's company could perceive to whitherward they had gone, when the hue and cry should have been raised after them. But old parson Andrew de Fago joined them in wedlock, and after houselled them at the altar of the little church between the wood and the water; hence

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Page:Scott's Last Expedition, Volume 1.djvu/71

1910] more than two or three feet in thickness. 'I had hoped that we should not meet it till we reached latitude 66½ or at least 66.' We decided to work to the south and west as far as the open water would allow, and have met with some success. At 4, as I write, we are still in open water, having kept a fairly straight course and come through five or six light streams of ice, none more than 300 yards across.

We have passed some very beautiful bergs, mostly tabular. The heights have varied from 60 to 80 feet, and I am getting to think that this part of the Antarctic yields few bergs of greater altitude.

Two bergs deserve some description. One, passed very close on port hand in order that it might be cinematographed, was about 80 feet in height, and tabular. It seemed to have been calved at a comparatively recent date.

The above picture shows its peculiarities, and points to the desirability of close examination of other berg faces. There seemed to be a distinct difference of origin between the upper and lower portions of the berg, as though a land glacier had been covered by layer after layer of seasonal snow. Then again, what I have described as 'intrusive


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Page:Vivian Grey, Volume 1.djvu/181

 do without you; It's nothing without you, Groves."

"Well, really, you 're very good to say so, so I can't say but what I will; but I hope there'll be something to eat and drink, which I know the name of, for the last time I 'tended, there was nothing but kickshaws; my stomach's not used to such Frenchified messes, and I was altogether no-howish by the time I got home. I said to my mistress, 'really,' says I, 'I don't know what's the matter with me, but my stomach's going remarkable wrong;' so she advised me to take a good stiff glass of brandy and water, while she got a couple of ducks roasted for supper, for peas were just in; sure enough that's all I wanted, for I slept well after it, and got up quite my own man again. There's nothing like a glass of brandy and water, cold, without sugar, when you're out of sorts. That's my maxim."

"And a very good maxim too, Mr. Groves.

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 good Silurians hold Kemeys Church in special reverence and pray there for the souls of the fortunate lovers, who found, either in other, what each desired. And after they were married they sped away to Caerleon and got on board the Torchbearer; and so sailed down the Uske into Severn Sea, following the triumph of the sun. Here dimness closes around them and their happy love, as the ship vanisheth into the flushing clouds of sunset; but we think we can see Bertha and her lover standing upon the deck, hand in hand gazing into the west, and heeding not the rush of water nor the noise of the wind that speeds them. But soon the glory fades and they turn and find no weariness in looking into one another's eyes, for there truly are the torches burning of light celestial and unspeakable, since they were kindled at the altar of Love the Sovereign and Lord Royall.

Thus did close our Rubrican's story; and the fire was burning low, and I heard the wind upon the hill wailing sadly, as it is wont when it calls to the clouds and draweth them from the western sea. So we bade farewell to the Tuscans, and made them for all their denials a little purse for their hour of adversity. Then to their music we rode away once more, and thus did close the Portreeve's Gaudy-Day.

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74 without rhyme or reason, and we found our screw churning the sea without any effect.

'Thus the steaming days passed away in an ever changing environment and are remembered as an unceasing struggle.

The ship behaved splendidly—no other ship, not even the Discovery, would have come through so well. Certainly the Nimrod would never have reached the south water had she been caught in such pack. As a result I have grown strangely attached to the Terra Nova. As she bumped the floes with mighty shocks, crushing and grinding a way through some, twisting and turning to avoid others, she seemed like a living thing fighting a great fight. If only she had more economical engines she would be suitable in all respects.

'Once or twice we got among floes which stood 7 or 8 feet above water, with hummocks and pinnacles as high as 25 feet. The ship could have stood no chance had such floes pressed against her, and at first we were a little alarmed in such situations. But familiarity breeds contempt; there never was any pressure in the heavy ice, and I'm inclined to think there never would be.

'The weather changed frequently during our journey through the pack. The wind blew strong from the west and from the east; the sky was often darkly overcast; we had snowstorms, flaky snow, and even light rain. In all such circumstances we were better placed in the pack than outside of it. The foulest weather could do us little harm. During quite a large percentage of days, however, we had bright sunshine, which, even


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 I wish I could get you one of these mornings to look at a horse for me."

"I shall be very glad. The one you're on, seems rather weak in the fore legs: I should blister him, if he belonged to me. But as to getting you a horse, why, it's the wrong time of year; and I'm so remarkable pushed on that point, that I hardly know what to say, but still I always like to do a good turn for a friend, that's my maxim, so I can't say but what I'll see about it. There's Harry Mounteney now, he wants me to ride over to Woodbury, to look at a brown mare; Stapylton Toad too, he says he's never satisfied without my opinion, though he generally takes his own in the long run. Ah! those Londoners know nothing about horseflesh. Well, any day you'll call, I'm your man."

"Well, thank you, thank you, I shall keep you to your promise."

"Well, Sir! good morning, pleasant ride to

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text: The Chronicle of Clemendy/The Rubrican's Second Tale


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Page:Calnetics Corp. v. Volkswagen of America, Inc. (532 F.2d 674).pdf/19

 With respect to VW’s wholly owned distributors, the existence of a vertical tie running from Subsidiary through VW to the distributors is clear enough. But it is not clear that VWVW’s [sic] control over the purchasing decisions of those distributors in which VW does not own a controlling interest can be properly inferred on the basis of the present record. The existence of the requisite control by VW over the purchasing decisions of Volkswagen dealers is even more doubtful in light of the district court’s finding that “dealers [who buy air-conditioners from Distributor] are now, and always have been, free to purchase any type air-conditioner they desire from any source they desire.”

We are confident that, on remand, the district court will properly instruct the jury on issues relating to vertical foreclosure.

C. Equitable Relief.

In the event Calnetics obtains a jury verdict on its antitrust claims against VW and Subsidiary, the district court will be required to evaluate Calnetics’ right to equitable relief and, if the court deems relief appropriate, fashion a suitable decree.

In order to provide the district court with guidance in the event equitable issues arise, we turn to contentions made by VW and Subsidiary with respect to the equitable relief ordered by the district court in its supplemental order of January 19, 1973. Calnetics Corp. v. Volkswagen of America, Inc., 353 F.Supp. 1219 (C.D.Cal.1973).

The district court ordered the divestiture of Subsidiary. Under the law of this circuit, the remedy of divestiture is not available to private plaintiffs in antitrust suits. International Telephone and Telegraph Corp. v. General Telephone & Electronics Corp., 518 F.2d 913, 920 (9th Cir. 1975).

The district court held that, while Calnetics had not proved a causal connection between its loss of the Distributor market and the challenged merger, it was nonetheless entitled to equitable relief under § 16 of the Clayton Act because “a Section 7 divestiture plaintiff acts somewhat as a Rule 23 class representative and need not satisfy the requirement of ‘impact’ in its classical antitrust definition.” Calnetics Corp. v. Volkswagen of America, Inc., 348 F.Supp. at 620. (Emphasis added.) The court further stated that the proper focus was not on prospective injury to the particular plaintiff but rather on the “marketplace and the effects of the claimed anticompetitive acquisition upon the marketplace.”

Because the remedy of divestiture is not available, the correctness of the district court’s view that a private divestiture plaintiff need not satisfy the traditional requirement of “impact” is moot. The general rule, as stated by United States v. Borden Co., 347 U.S. 514, 518, 74 S.Ct. 703, 706, 98 L.Ed. 903, 908 (1954), controls: “Under § 16 * * * a private plaintiff may obtain injunctive relief against * * * violations only on a showing of ‘threatened loss or damage’; and this must be of a sort personal to the plaintiff * * * [citation omitted].”

In evaluating the plaintiff’s entitlement to relief under § 16, the proper focus is on the threat of prospective injury to Calnetics. See Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 130, 89 S.Ct. 1562, 1580, 23 L.Ed.2d 129, 152 (1969).

The district court enjoined VW and its wholly owned distributors for a period of seven years from importing any Volkswagens, Porsches, or Audis equipped with air conditioning installed prior to importation.


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 you. You'll keep to the roads, I'm sure, till harvest's in: though they mayn't be over good for a carriage, they're very fair for a bridle. That's the ground I stand upon."

As Vivian was returning home, he intended to look in at a pretty cottage near the park, where lived one John Conyers, an honest husbandman, and a great friend of Vivian's. This man had, about a fortnight ago, been of essential service to our hero, when a vicious horse, which he was endeavouring to cure of some ugly tricks, had nearly terminated his mortal career.

"Why are you crying so, my boy?" asked Vivian of a little Conyers, who was sobbing bitterly at the cottage door. He was answered only with desperate sobs. "Is your father at home?"

"Oh, 'tis your honour!" said a decent-looking woman, who came out of the cottage; "I thought they had come back again."

title: Page:Vivian Grey, Volume 1.djvu/183


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Page:Vivian Grey, Volume 1.djvu/184

 "Come back again! why, what's the matter, dame?"

"Oh! your honour, we're in sad distress; there's been a seizure this morning, and I'm mortal fear'd the good man's beside himself!"

"Good Heavens! why didn't you come to the castle? The Marquess surely never gave orders for the infliction of this misery."

"Oh! your honour, we a'n't his Lordship's tenants no longer; there's been a change for Purley Mead, and now we're Lord Mounteney's people. John Conyers has been behind-hand ever sin he had the fever, but Mr. Sedgwick always gave time: but Lord Mounteney's gem'man says the system's bad, and so he'll put an end to it; and so all's gone, your honour; all's gone, and I'm mortal fear'd the good man's beside himself."

"And who's Lord Mounteney's man of business?"

"Mr. Stapylton Toad," sobbed the good

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Page:The Chronicle of Clemendy.pdf/330

HERE, IT appears, the first tome of the Silurian Mythologies comes to an end, and you are at liberty to take off your spectacles (if you have any) and to make use of the expressions made and provided for such occasions. But if you and I have here to grin and say "good-day," I have to part also with my sweet companion, who has come all the way to Cock-Loft Land to help me and to whisper strange stories in my ear; I mean no less an one than the merry Muse of Gwent. There she is standing by the door, my lovely mistress of quaint fancies and odd memories, laughing that magic laugh that makes my landlady look grave when she sees me, since she is of London town and does not understand Silurianism, nor how Muses with flashing eyes and cherry lips come to moping scholars at midnight to comfort them. But some people always put a bad construction on everything they see and hear, and in fact they are very troublesome folks.

But now the joyous maiden must return to her hedgerows, and rivulets, and meadow realm of flowers; since in all likelihood my days and nights will shortly be wholly devoted and given over to weighty matters of state and the service of my lord of Gloucester. For a few days ago His Grace did take me aside into his cabinet, and looking

title: Page:The Chronicle of Clemendy.pdf/330