text:
Page:Bury J B The Cambridge Medieval History Vol 2 1913.djvu/94

66 analogy of the rule regarding slaves' unions, first made a serf's offspring by a slavewoman to be slave (530), and afterwards from the love of liberty made a serf's offspring by a freewoman to be free (533). He confirmed this again in 537 and 539, though, by the later law, he required the children, though free and retaining their property, to be permanently attached to the farm. Finally in 540, influenced by representations of the danger of thus depleting the land of its proper cultivators, he restored the old law and made the children serfs, without affecting the mother's status as a freewoman. His successors made such children personally free.

It was difficult for a serf to improve his status. Justinian abolished (c. 531) any claim to throw off serfdom by prescription, but allowed anyone who had been consecrated as a bishop to be free from serfdom as from slavery (546). Orthodoxy however was essential, and any serf who encouraged Donatist meetings on his land was to be beaten, and if he persisted was fined one-third his peculium.

Serfs were sometimes called originarii from being in the class by birth; censiti from being enrolled in the census-register; usually adscripti or adscripticii from being enrolled as of a certain farm; tributarii from paying poll tax. Another term, inquilini, which appears in the Digest in the beginning of the third century, and in earlier inscriptions, appears to denote a similar class, possibly serfs living in huts on the land and employed either as cultivators or herdsmen or otherwise. The clear recognition of serfs as half-free is seen chiefly in laws since Constantine. After Justinian there is little said of them.

The father (or grandfather) when regularly married, as head of the family (paterfamilias), had in early times absolute power over the other members whether sons or daughters. And his wife, if married by the ancient forms, ranked as a daughter. In imperial times this relation was largely modified. She remained outside her husband's family, who instead of taking her whole property, received only a dowry of which he was rather the accountable manager than the beneficial owner. The children unless emancipated had no property of their own, any more than slaves had. Whatever came to them, from any source, passed in strict law at once to the father, who could do what he liked with it. This "fatherly power" endured irrespectively of the age or social or political position of his sons and daughters. A man of full age, married, with children and occupying a high office was, unless formally emancipated, still under his father's power and had only a peculium like slaves. He could sue and be sued only in his father's name and in law for his father's account. Nor could he compel his father to emancipate him, and if emancipated himself he did not thereby carry his children with him, unless expressly included in the emancipation. If his father died, his children fell into his own power; if he died first, his children remained under his father's power. Loss of citizenship had the same effect as death.


text: Sweet Home; or, Friendship's Golden Altar/Preface

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


text:
Page:Travels in West Africa, Congo Français, Corisco and Cameroons (IA travelsinwestafr00kingrich).pdf/641

 of it are rugged mounds and masses of burnt-out lava rock. It is evil going, but perhaps not quite so evil as the lower hillocks of the great wall where the rocks are hidden beneath long slippery grass. We wind our way in between the mounds, or clamber over them, or scramble along their sides impartially. The general level is then flat, and then comes a rise towards the peak wall, so we steer N.N.E. until we strike the face of the peak, and then commence a stiff rough climb. We are all short of breath, but I do not think from the altitude; my shortness arises from a cold I have got, and my men’s from too much breakfast, I fancy.

We keep as straight as we can, but get driven at an angle by the strange ribs of rock which come straight down. These are most tiresome to deal with, getting worse the higher we go, and so rotten and weather-eaten are they that they crumble into dust and fragments under our feet. Head man gets half a dozen falls, and when we are about three parts of the way up Nenia gives in. The cold and the climbing are too much for him, so I make him wrap himself up in his blanket, which he is glad enough of now, and shelter in a depression under one of the many rock ridges, and head man and I go on. When we are some 600 feet higher the iron-grey mist comes curling and waving round the rocks above us, like some savage monster defending them from intruders, and I again debate whether I was justified in risking the men, for it is a risk for them at this low temperature, with the evil weather I know, and they do not know, is coming on. But still we have food and blankets with us enough for them, and the camp in the plain below they can reach all right, if the worst comes to the worst; and for myself—well—that's my own affair, and no one will be a ha'porth the worse if I am dead in an hour. So I hitch myself on to the rocks, and take bearings, particularly bearings of Xenia's position, who, I should say, has gota tin of meat and a flask of rum with him, and then turn and face the threatening mist. It rises and falls, and sends out arm-like streams towards us, and then Bum, the head man, decides to fail for the third time to reach the peak, and I leave him wrapped in his blanket with the bag of provisions, and go on alone into the wild, grey, shifting, whirling mist


text:
Page:Ants, Wheeler (1910).djvu/34

2 external environment, but most also have an intense feeling of coöperation, forbearance and affection towards the other members of its community. In other words, to live in societies, like those of men and social insects, implies a shifting of proclivities from the egocentric to the sociocentric plane through a remarkable increase in the amplitude and precision of the individual's responses to all the normal environmental stimuli.

Of the four groups of social insects above mentioned, adaptive plasticity attains its richest and boldest expression in the ants. The extraordinary character of these creatures will appear in its proper light if we undertake to complete them on the one hand with the remaining social insects, and on the other hand with man, the paragon of social animals. It is certain that the ants occupy a unique position among all insects on account of their dominance as a group, and this dominance is shown first, in their high degree of variability as exhibited in the great number of their species, subspecies and varieties; second, in their numerical ascendancy in individuals; third, in their wide geographical distribution; fourth, in their remarkable longevity; fifth, in their abandonment of certain over-specialized modes of life from which the other social insects seem not to have been able to emancipate themselves, and sixth, in their manifold relationships with plants and other animals—man included.

Ants are to be found everywhere, from the artic regions to the tropics, from timberline on the loftiest mountains to the shifting sands of the dunes and seashores, and from the dampest forests to the driest deserts. Not only do they outnumber in individuals all other terrestrial animals, but their colonies even in very circumscribed localities often defy enumeration. Their colonies are, moreover, remarkably stable, somtimes outlasting a generation of men. Such stability, is, of course, due to the longevity of the individual ants, since worker ants are known to live from four to seven and queens from thirteen to fifteen years. In all these respects the other social insects are decidedly inferior. Not only are the colonies of the wasps and bumblebees of rather rare occurrence, but they are merely annual growths. The honey-bees, too, are very short-lived, the workers living only a few weeks or months, the queens but a few years. The termites, though perhaps longer-lived than the bees and wasps, are practically confined to very definitely localities in the tropics. Only a few of the species have been able to extend their range into temperate regions.

Not only do the ants far outnumber in species all other social insects, but they have either never acquired, or have completely abandoned, certain habits which must seriously handicap the termites, social wasps

title: Page:Ants, Wheeler (1910).djvu/34


text:
Page:The lay of the Nibelungs; (IA nibelungslay00hortrich).pdf/57

Rh

Then ’gan they shape their journey Towards the River Maine,

All on through East Franconia, King Gunther and his train;

Hagen he was their leader, Of old did know the way;

Dankwart did keep, as marshal, Their ranks in good array.

As they, from East Franconia, The Salfield rode along,

Might you have seen them prancing, A bright and lordly throng;

The Princes and their vassals, All heroes of great fame:

The twelfth morn brave King Gunther Unto the Donau came.

There rode Von Troneg Hagen, The foremost of that host,

He was to the Nibelungen The guide they lov’d the most:

The Ritter keen dismounted, Set foot on the sandy ground,

His steed to a tree he tied, Looked wistful all around.

“Much scaith,” Von Troneg said, “May lightly chance to thee,

King Gunther, by this tide, As thou with eyes mayst see:

The river is overflowing, Full strong rans here its stream,

For crossing of this Donau Some counsel might well beseem.”

“What counsel hast thou, brave Hagen,” King Gunther then did say,

“Of thy own wit and cunning? Dishearten me not, I pray:

Thyself the ford wilt find us, If knightly skill it can,

That safe to yonder shore We may pass both horse and man.”

“To me, I trow,” spake Hagen, “Life hath not grown so cheap,

To go with will and drown me In riding these waters deep;

But first, of men some few By this hand of mine shall die,

In great King Etzel’s country, As best good-will have I.

“But bide ye here by the River, Ye Ritters brisk and sound,

Myself will seek some boatman, If boatman here be found,

To row us at his ferry, Across to Gelfrat’s land:”

The Troneger grasped his buckler, Fared forth along the strand.

He was full bravely harness’d, Himself he knightly bore,

With buckler and with helmet, Which bright enough he wore:

And, bound above his hauberk, A weapon bread was seen,

That cut with both its edges, Was never sword so keen.

Then hither he and thither Search’d for the Ferryman,

He heard a splashing of waters, To watch the same he ’gan,

It was the white Mer-women, That in a fountain clear,

To cool their fair bodyes, Were merrily bathing here.


text:
Page:Bury J B The Cambridge Medieval History Vol 2 1913.djvu/92

64 which had this imperfect effect to confer in future full freedom, so that a letter to the slave subscribed by five persons as witnesses, or a declaration similarly witnessed or recorded in court, or the delivery to the slave before five witnesses of his master's documents of title, or the slave's attendance on the bier of the deceased master by his or the heir's direction, or the giving a female slave in marriage to a freeman with a dowry settled in writing, or addressing a slave in court as his son, were acts sufficient without further formality to make the slave a freedman or freedwoman. So also, by an edict of Claudius, ejection of a sick slave from the master's house without making provision for him, or prostitution of a female slave in breach of a condition of her purchase, forfeited the master's rights, and full freedom now ensued; and other cases of freedom by operation of law are mentioned. Further Justinian repealed the laws which required a master to be twenty years old before he could emancipate slaves by will, and restricted the number. Constantine confirmed (316) a custom of giving freedom in church before the priests and congregation, a record of the matter being signed by the former; and he allowed clerics to confer freedom on their slaves by any form of words without witnesses, the freedom to take effect on publication of the document at the master's death.

A freedman did not, however, by the act of manumission lose all trace of his former condition. He remained under limited control of his former master or owner, now patron, and patron's children. A patron could claim respect (obsequium), services, and the succession to some or all of his property at death if he left no children as heirs. From services he could be exempted by a special grant by the Emperor of the right of wearing gold rings, and by a like grant (restitutio natalium, "restoration of birth") from the patron's claim to his estate. Such grants were rarely made without the patron's consent. Justinian dispensed with the formality of special grants and made the removal of the patron's claim to services and inheritance follow of itself on a manumission. But unless the master then, or by way of trust in his will, made a declaration to that effect, this automatic grant did not exempt a freedman from the duty of due respect to his patron. He was punishable for using abusive language to him: he could not sue him or his children except by consent of the proper authority: and any suit which he brought had to shew formal respect by the complaints being couched in a mere statement of the facts without casting any imputation. Constantine allowed freedmen guilty of ingratitude or insolent conduct, even though not of a grave character, to be remitted into their patron's power. A patron in need could claim support (alimenta) from his freedman. Claims to the status of freeborn, when disputed, were reserved for the decision of the city praefect or governor: claims to the status of freedman were reserved likewise for the same high officials, or if the treasury was a party, then for the chief officer of that department.


text:
Page:Travels in West Africa, Congo Français, Corisco and Cameroons (IA travelsinwestafr00kingrich).pdf/642

 above, and soon find myself at the head of a rock ridge in a narrowish depression, walled by massive black walls which show fitfully but firmly through the mist.

I can see three distinctly high cones before me, and then the mist, finding it cannot drive me back easily, proceeds to desperate methods, and lashes out with a burst of bitter wind, and a sheet of blinding, stinging rain. I make my way up through it towards a peak which I soon see through a tear in the mist is not the highest, so I angle off and go up the one to the left, and after a desperate fight reach the cairn—only, alas! to find a hurricane raging and a fog in full possession, and not a ten yards' view to be had in any direction. Near the cairn on the ground are several bottles, some of which the energetic German officers, I suppose, had emptied in honour of their achievement, an achievement I bow down before, for their pluck and strength had taken them here in a shorter time by far than mine. I do not meddle with anything, save to take a few specimens and to put a few more rocks on the cairn, and to put in among them my card, merely as a civility to Mungo, a civility his Majesty will soon turn into pulp. Not that it matters—what is done is done.

The weather grows worse every minute, and no sign of any clearing shows in the indigo sky or the wind-reft mist. The rain lashes so fiercely I cannot turn my face to it and breathe, the wind is all I can do to stand up against.

Verily I am no mountaineer, for there is in me no exultation, but only a deep disgust because the weather has robbed me of my main object in coming here, namely to get a good view and an idea of the way the unexplored mountain range behind Calabar trends.

No doubt had the weather been clear I should have been able to do this well, for the whole Omon range must be visible from this great summit of Cameroons, which rises at right angles to it. For when I was in Okÿon close to this Rumby or Omon range, Mungo’s great mass was perfectly visible looking seawards. My only consolation is that my failure to do this bit of work is not my own fault, save as regards my coming here at the wrong season, which matter was also beyond my control. Moreover there was just the chance, as


text:
Page:Travels in West Africa, Congo Français, Corisco and Cameroons (IA travelsinwestafr00kingrich).pdf/643

 this is the tornado season, and not the real wet, that I might have had a clear day on the peak. I took my chance and it failed, so there's nothing to complain about.

Comforting myself with these reflections, I start down to find Bum, and do so neatly, and then together we scramble down carefully among the rotten black rocks, intent on finding Xenia. The scene is very grand. At one minute we can see nothing save the black rocks and cinders under foot; the next the wind-torn mist separates now in one direction, now in another, showing us always the same wild scene of great black cliffs, rising in jagged peaks and walls around and above us, I think this walled cauldron we had just left is really the highest crater on Mungo.

We soon become anxious about Xenia, for this is a fearfully easy place to lose a man in such weather, but just as we get below the thickest part of the pall of mist, I observe a doll-sized figure, standing on one leg taking on or off its trousers—our lost Xenia, beyond a shadow of a doubt, and we go down direct to him.

When we reach him we halt, and I give the two men one of the tins of meat, and take another and the bottle of beer myself, and then make a hasty sketch of the great crater plain below us. At the further edge of the plain a great white cloud


text:
Page:The Mothers of England.djvu/120

 more widely extended and important consequences. All this, however, is but seldom taken into account at the moment of action; and therefore it is the more necessary that mothers should render the exercise of moral courage on the part of their children familiar and habitual. And there is one fact connected with this subject, which makes it almost an act of mercy to do so — it is, that the most delicately sensitive characters, those who shrink from the bare apprehension of giving offence, or incurring blame — to whom a harsh word or an angry look from those whom they love and esteem, is almost like a sentence of death — that such characters, though their love of truth may be as great, or perhaps greater, than that of bolder, harder and less sensitive natures, are far more in danger of being betrayed into falsehood from the impulse of the moment. Thus, among a number of children, governed only by the general laws of school-discipline, those bold unfeeling characters who have little regard for the opinion of others, and who are under no temptation to conceal their faults from a dread of incurring blame, frequently obtain all the credit of being lovers of truth; while the characters above described may in reality love truth as well, or better, yet having been surprised into falsehood, they suffer the two-fold punishment of being self-condemned, and at the same time charged, perhaps publicly, and opprobriously, with being makers and lovers of a lie

There are many cases in which the exercise of moral courage may be so rewarded by a mother's approbation, as to make an indelible impression upon the mind of a child; and such opportunities should never be lost sight of, because it is chiefly by indirect means that the character can be strengthened to resist the momentary temptations of apparent self-interest.

We will suppose a case in which a charge of delinquency is brought against one member of a family, who is, in this instance, really innocent, but whose general conduct is such as to warrant unfavorable suspicion. Father, mother, brothers, and sisters, are all agreed that he must be the guilty person, with but one exception, and that a little sister, who knows that by taking his part she will bring upon herself the suspicion of being an accomplice in his act. The little

title: Page:The Mothers of England.djvu/120


text:
Page:The Outcry (London, Methuen & Co., 1911).djvu/128

114 Grace might assent. "He strikes me as naturally quick and—well, nice. But I agree with you that he hasn't had a chance."

"Then if you can see your way by sympathy and confidence to help him to one I dare say you'll find your reward."

For a third time she considered, as if a certain curtness in her companion's manner rather hindered, in such a question, than helped. Didn't he simplify too much, you would have felt her ask, and wasn't his visible wish for brevity of debate a sign of his uncomfortable and indeed rather irritated sense of his not making a figure in it? "Do you desire it very particularly?" was, however, all she at last brought out.

"I should like it exceedingly—if you act from conviction. Then of course only; but of one thing I'm myself convinced—of what he thinks of yourself and feels for you."

"Then would you mind my waiting a little?" she asked. "I mean to be absolutely sure of myself." After which, on his delaying to agree, she added frankly, as to help her case: "Upon my word, father, I should like to do what would please you."


text:
Page:ประมวล รธน - ๒๕๕๗ (๑).pdf/441

 death;

resignation;

becoming a Senator, Member of the House of Representatives, government official with regular office or monthly salaries, state enterprise official, or local official;

being adjudged to imprisonment.

When a position of Constitutional Justice becomes vacant, the National Assembly, Council of Ministers, or Judicial Commission which selected the retired Constitutional Justice, as the case may be, shall select a Constitutional Justice to fill the vacancy.

Once any bill has been approved by the National Assembly, before the Prime Minister presents the bill to the Monarch for His signature according to section 89—

if Members of both or either of the Senate and House of Representatives numbering not less than one fifth of the total number of both chambers find that the bill according to paragraph 1 contains a passage which is contrary or repugnant to the Constitution, they shall submit their opinion to the President of the National Assembly, President of

title: Page:ประมวล รธน - ๒๕๕๗ (๑).pdf/441


text:
Page:HCF v The Queen.pdf/41

Edelman J Steward J

that it was, without more, a substantial miscarriage of justice. In so concluding, Kaye J followed this passage from the judgment of Porter LJ in R v Taylor :

"An accused person might justly ask how was he to test whether or not the jury had heard anything outside which might influence them in their deliberations when the only persons who could give evidence on the matter were persons who themselves – albeit quite unconsciously – were involved in the irregularities. Nor, indeed, is the matter one which concerns the individual prisoner alone. That the due and orderly administration of justice should be maintained is a concern of the whole community. We take it that the duty of a Court is not only to ensure, as far as possible, the due administration of justice in the individual case, but also to preserve the due course of the procedure generally."

Contrary to the approach in Smith and Chaouk there is a line of decisions from the Court of Criminal Appeal of New South Wales which apply a different test to determine whether the misbehaviour of a juror or jury constitutes a miscarriage of justice. That test requires the appellant to satisfy the court that the irregularity has affected the verdict so that the jury would not have returned the same verdict if the irregularity had not occurred. Although some of those cases might have been decided the same way by reference to the correct test, the test for a miscarriage of justice that was applied was one that is, itself, capable of producing miscarriages of justice. It is the wrong test precisely because it obliges an appellant to do the very work which the Crown must do when applying the proviso. When applying the proviso the onus is on the Crown or the State to

title: Page:HCF v The Queen.pdf/41


text:
Page:ประมวล รธน - ๒๕๕๗ (๑).pdf/442

 the Senate, or President of the House of Representatives, as the case may be, and the President of the chamber to whom the said opinion is submitted shall send the opinion to the Constitutional Tribunal for its consideration and ruling and shall notify the Prime Minister for his knowledge;

if the Prime Minister finds that the bill according to paragraph 1 contains a passage which is contrary or repugnant to the Constitution, he shall send such opinion to the Constitutional Tribunal for its consideration and ruling and shall notify the President of the National Assembly, President of the Senate, or President of the House of Representatives for his knowledge.

Whilst the Constitutional Tribunal is considering and ruling upon the bill according to paragraph 1, the Prime Minister shall terminate the process of its promulgation until the Constitutional Tribunal gives a ruling. If the Constitutional Tribunal rules that the bill contains a passage which is contrary or repugnant to the Constitution, the Prime Minister shall then send the bill back to the National Assembly.

When a court is to apply a provision of law to any case, if the court finds that the provision of law falls under the provisions of section 6 and there is no ruling of the Constitutional Tribunal regarding such provision yet, the court shall defer

title: Page:ประมวล รธน - ๒๕๕๗ (๑).pdf/442


text:
Page:HCF v The Queen.pdf/42

Edelman J Steward J

demonstrate that "no substantial miscarriage of justice has actually occurred". There is no onus on the appellant once the appellant has demonstrated the existence of an irregularity that gives rise to practical injustice.

An illustration of the danger of imposing too difficult a task on an appellant can be seen from one of the cases in this line: Folbigg v The Queen. In that case a juror obtained impermissible information from the internet showing that the appellant's father had killed her mother. The Court of Criminal Appeal did not ask whether the juror's intentional, and prohibited, research had led to the discovery of material that had the capacity to prejudice the jury's consideration of the defendant's case, irrespective of whether the material might, or was likely to, actually have been used in that way. Instead, applying the wrong test, the Court of Criminal Appeal placed itself in the position of the jury (but not the position of the juror who had deliberately disobeyed the directions) and considered whether the information would have actually influenced the jury's consideration of whether the appellant killed her own children. That effectively reversed the usual onus and treated the requirement for a miscarriage of justice as though it were a requirement for a substantial miscarriage of justice. In summary, determining whether jury misbehaviour has resulted in practical injustice does not require an appellant to demonstrate that the irregularity in fact caused any actual prejudice. The focus is on whether the incident was of such a character or nature that it gave rise to a capacity to prejudice the jury's consideration of the accused's case, thus casting a shadow of injustice over the verdict. The presence of that capacity is sufficient to demonstrate that the irregularity constitutes a miscarriage of justice.

Practical injustice

The jury's disobedience here supports, at the very least, a conclusion that there was a capacity for prejudice to the jury's consideration of the appellant's case. This is so for four reasons.

title: Page:HCF v The Queen.pdf/42


text:
Page:The Works of H G Wells Volume 9.pdf/452

 and shiny-eyed enthusiasts, in fact, is Lloyd's proposal. He will not face, and few Americans to this day will face, the cold need of a great science of social adjustment and a disciplined and rightly ordered machinery to turn such enthusiasms to effect. They seem incurably wedded to gush. However, he did express clearly enough the opening phase of American disillusionment with the wild go-as-you-please that had been the conception of life in America through a vehement, wasteful, expanding century. And he was the precursor of what is now a bulky and extremely influential literature of national criticism. A number of writers, literary investigators one may call them, or sociological men of letters, or magazine publicists—they are a little difficult to place—has taken up the inquiry into the condition of civic administration, into economic organisation, into national politics and racial interaction, with a frank fearlessness and an absence of windy eloquence that has been to many Europeans a surprising revelation of the reserve forces of the American mind. President Roosevelt, that magnificent reverberator of ideas, that gleam of wilful humanity, that fantastic first interruption to the succession of machine-made politicians at the White House, has echoed clearly to this movement, and made it an integral part of the general intellectual movement of America.

It is to these first intimations of the need of a "sense of the State" in America that I would particularly direct the reader's attention in this discussion. They are the beginnings of what is quite conceivably a great and complex reconstructive effort. I admit


text:
Page:HCF v The Queen.pdf/43

Edelman J Steward J

First, the nature and quality of the acts of disobedience could not be characterised as merely trivial or of no moment. The jury was emphatically directed not to undertake independent research on the internet concerning the law. Juror X violated that direction. The jurors were, in the clearest of terms, told to report this type of disobedience to the court. None did so until after the appellant was convicted. Instead, some of the jurors engaged in discussion with juror X on the subject of his research and conclusions were reached following those discussions. According to the Sheriff's report, some jurors were conscious of their acts of disobedience, but formed their own excuse for ignoring the trial judge. For example, juror B thought that juror X's conduct "seemed inconsequential". These circumstances alone establish not only that there was a capacity for prejudice to the jury's consideration of the appellant's case by a failure of the jury strictly to follow the rules of procedure and evidence in accordance with the directions of the trial judge but that there was actual prejudice.

Secondly, the conduct of juror X cannot be disregarded on the basis that it seemingly favoured the position of the appellant. One cannot be sure that it did in fact have that effect. It is true that the appellant was not ultimately convicted on any of the charges of rape (which was the subject of the prohibited research and the improper position taken in discussions by juror X). But as Fullagar J said in Mraz v The Queen, just as "'too favourable' directions can only too often be veritable gifts from the Greeks", so too prohibited conduct that appears favourable to an accused person might also be a Trojan horse. It is impossible to know whether an agreement to acquit on some charges, reached following unreported discussions concerning material that was expressly prohibited and was important to at least one juror, had any effect on the agreement of the jurors to convict of other charges.

The conduct of juror X, and the discussions of the jury on the subject matter researched, may, for example, have encouraged the jury to convict the appellant on what it might have perceived as an offence with a similar sentence to rape. Nor, given the serious departure from the directions on the part of all of the jurors, can we be confident that there were no other acts of disobedience which were never disclosed. The need to maintain the integrity of the jury system cannot justify any speculation about this matter or the making of hopeful assumptions. The foregoing is supported by the fact that the majority of jurors (eight in total) simply did not respond in any way to the Sheriff's letter seeking information. We have no idea what they thought about juror X's conduct and we have no insight into what they discussed with him. All we know is that, like other jurors, they may also have participated in discussion concerning the prohibited issues, and they also disobeyed the trial judge's directions by failing to report the conduct of juror X.

title: Page:HCF v The Queen.pdf/43


text:
Page:Travels in West Africa, Congo Français, Corisco and Cameroons (IA travelsinwestafr00kingrich).pdf/644

 is coming up from below, which argues badly for our trip down the great wall to the forest camp, which I am anxious to reach before nightfall after our experience of the accommodation afforded by our camp in the crater plain last night.

While I am sitting waiting for the men to finish their meal, I feel a chill at my back, as if some cold thing had settled there, and turning round, see the mist from the summit above coming in a wall down towards us. These mists up here, as far as my experience goes, are always preceded by a strange breath of ice-cold air—not necessarily a wind.

Bum then draws my attention to a strange funnel-shaped thing coming down from the clouds to the north. A big waterspout, I presume: it seems to be moving rapidly N.E., and I profoundly hope it will hold that course, for we have quite as much as we can manage with the ordinary rain-water supply on this mountain, without having waterspouts to deal with.

We start off down the mountain as rapidly as we can. Xenia is very done up, and Head man comes perilously near breaking his neck by frequent falls among the rocks; my unlucky boots are cut through and through by the latter. When we get down towards the big crater plain, it is a race between us and the pursuing mist as to who shall reach the camp first, and the mist wins, but we have just time to make out the camp's exact position before it closes round us, so we reach it without any real difficulty. When we get there, about one o'clock, I find the men have kept the fires alight and Cook is asleep before one of them with another conflagration smouldering in his hair. I get him to make me tea, while the others pack up as quickly as possible, and by two we are all off on our way down to the forest camp.

The boys are nervous in their way of going down over the mountain wall. The misadventures of Cook alone would fill volumes, Monrovia boy is out and away the best man at this work. Just as we reach the high jungle grass, down comes the rain and up comes the mist, and we have the worst time we have had during our whole trip, in our endeavours to find the hole in the forest that leads to our old camp.

Unfortunately, I must needs go in for acrobatic performances


text:
Page:ประมวล รธน - ๒๕๕๗ (๑).pdf/443

 the trial and adjudication of the case temporarily and send such opinion through official channel in order that the Constitutional Tribunal would consider and rule upon it.

Rulings of the Constitutional Tribunal shall be applicable to all cases, without prejudice to court judgments which have already become final.

Rulings of the Constitutional Tribunal shall be deemed decisive and shall be published in the Royal Gazette.

The procedure of the Constitutional Tribunal shall be set out in a law.

The Constitution shall only be amended in accordance with the following criteria and procedure:

a motion for amendment must be from the Council of Ministers or from Members of the House of Representatives numbering not less than one fifth of the total number of the Members of the House of Representatives;

the motion for amendment must be submitted in the form of draft constitutional amendment and shall be considered by the National Assembly in three readings;

title: Page:ประมวล รธน - ๒๕๕๗ (๑).pdf/443


text:
Page:HCF v The Queen.pdf/44

Edelman J Steward J

Thirdly, as explained at the outset of these reasons, the Director of Public Prosecutions very properly conceded that even without the discussion of the prohibited internet research by some members of the jury, if the conduct of juror X had been disclosed to the trial judge, before the jury had given its verdicts, it was "almost inevitable" that the "whole jury would have been discharged". That concession was correctly made. This emphasises and reflects the seriousness of what had occurred. Of course, the issue posed by this appeal, set out above, is not directed at answering how the power to discharge a juror or the jury might have been exercised, had the note to the bailiff been given before the appellant's conviction. But once it is accepted that the trial judge would have had sufficient "proper reasons", to use the language of s 60(1) of the Jury Act, to discharge the jury, then (to say the least) it would be odd to conclude that what had happened did not otherwise have the capacity to prejudice the jury's consideration of the appellant's case.

In written submissions filed after the hearing, the Director of Public Prosecutions went further. He conceded, again properly, that the disobedience by the jury was capable of casting a "shadow of injustice over the verdict". The Director nonetheless submitted that it was possible to dispel this shadow by, amongst other things, the contents of the Sheriff's report. But, for the reasons explained above, the contents of the Sheriff's report only reinforce that shadow.

Fourthly, there is the subject matter of what was discussed following juror X's disclosure. Based on what juror A said to the Sheriff, those discussions included the range of sentences available for rape and "carnal knowledge". Unless otherwise obliged by statute, a judge should never tell the jury about possible sentencing outcomes. The question of sentencing is a matter for the judge and not the jury. As this Court said in Lucas v The Queen :

"[T]he jury are not concerned with the consequences which may follow upon their verdict whether it be a verdict of guilty of the offences charged

title: Page:HCF v The Queen.pdf/44


text:
Page:Travels in West Africa, Congo Français, Corisco and Cameroons (IA travelsinwestafr00kingrich).pdf/645

 on the top of one of the highest, rockiest hillocks. Poising myself on one leg I take a rapid slide sideways, ending in a very showy leap backwards which lands me on the top of the lantern I am carrying to-day, among miscellancous rocks. There being fifteen feet or so of jungle grass above me, all the dash and beauty of my performance are as much thrown away as I am, for my boys are too busy on their own accounts in the mist to miss me. After resting some little time as I fell, and making and unmaking the idea in my mind that | am killed, I get up, clamber elaborately to the top of the next hillock, and shout for the boys, and "Ma," "ma," comes back from my flock from various points out of the fog. I find Bum and Monrovia boy, and learn that during my absence Xenia, who always fancies himself as a path-finder, has taken the lead, and gone off somewhere with the rest. We shout and the others answer, and we join them, and it soon becomes evident to the meanest intelligence that Xenia had better have spent his time attending to those things of his instead of going in for guiding, for we are now right off the track we made through the grass on our up journey, and we proceed to have a cheerful hour or so in the wet jungle, ploughing hither and thither, trying to find our way.

At last we pick up the top of a tongue of forest that we all feel is ours, but we—that is to say, Xenia and I, for the others go like lambs to the slaughter wherever they are led—disagree as to the path. He wants to go down one side of the tongue, I to go down the other, and I have my way, and we wade along, skirting the bushes that fringe it, trying to find our hole. I own I soon begin to feel shaky about having been right in the affair, but soon Xenia, who is leading, shouts he has got it, and we limp in, our feet sore with rugged rocks, and everything we have on, or in the loads, wringing wet, save the matches, which providentially I had put into my soap-box.

Anything more dismal than the look of that desired camp when we reach it, I never saw. Pools of water everywhere. The fire-house a limp ruin, the camp bed I have been thinking fondly of for the past hour.a water cistern. I tilt the water out of it, and say a few words to it regarding its hide-bound idiocy in obeying its military instructions to be waterproof;


text:
Page:Travels in West Africa, Congo Français, Corisco and Cameroons (IA travelsinwestafr00kingrich).pdf/646

 and then, while the others are putting up the fire-house, head man and I get out the hidden demijohn of rum, and the beef and rice, and I serve out a tot of rum each to the boys, who are shivering dreadfully, waiting for cook to get the fire. He soon does this, and then I have my hot tea and the men their hot food, for now we have returned to the luxury of two cooking pots.

Their education in bush is evidently progressing, for they make themselves a big screen with boughs and spare blankets, between the wind and the fire-house, and I get Xenia to cut some branches, and place them on the top of my waterproof sheet shelter, and we are fairly comfortable again, and the boys quite merry and very well satisfied with themselves.

Unfortunately the subject of their nightly debating society is human conduct, a subject ever fraught with dangerous elements of differences of opinion. They are busy discussing, with their mouths full of rice and beef; the conduct of an absent friend, who it seems is generally regarded by them as a spend thrift. "He gets plenty money, but he no have none no time." "He go frow it away on woman, and drink." "He no buy clothes." This last is evidently a very heavy accusation, but Kefalla says, "What can a man buy with money better than them thing he like best?"

This philosophic outburst from Kefalla is followed by a wordy war on the innate worthlessness of woman and drink, the details of which I will not give, but presently there is an extra row, and Cook rushes to me, holding in one hand the cooking pot, into which I find I am expected to shove my nose, and then to sniff at his abominably dirty singlet. Kefalla comes hurrying after him talking sixteen to the dozen. It seems that during the discussion of a particularly knotty point on practical ethics, Kefalla fell out with Cook, and seizing his rum and water, threw it at him, and what has not gone over Cook has gone into his supper in the pot. Cook displays a lively horror of the Smell of rum in his rice, which is, coming from him, a bit comic. I call up head man, who is as usual not attending to his duty of keeping the others in order, and we two talk the palaver and decide, in spite of Kefalla's specious arguments, that he is to pay Cook for both


text:
Page:ประมวล รธน - ๒๕๕๗ (๑).pdf/444

 at the first reading, the stage of acceptance of principles, the voting shall be conducted by means of roll call and the amendment must be voted in favour by not less than one half of the total number of the Members of both chambers;

in voting during the second reading, the stage of section-by-section consideration, a majority of votes shall govern;

after the second reading is over, a fifteen-day pause shall be taken, upon expiry of which the National Assembly shall proceed to conduct the third reading;

title: Page:ประมวล รธน - ๒๕๕๗ (๑).pdf/444


text:
Page:Travels in West Africa, Congo Français, Corisco and Cameroons (IA travelsinwestafr00kingrich).pdf/647

 the rice and the rum, and the latter goes off content, vowing he'll have their value to the last farthing out of Kefalla. The men then gradually go off to sleep, breaking out now and again spasmodically into little rows over a pipe, and so on, until at last all is peace.

There is a very peculiar look on the rotten wood on the ground round here; to-night it has patches and flecks of iridescence like one sees on herrings or mackerel that have been kept too long. The appearance of this strange eerie light in among the bush is very weird and charming. I have seen it before in dark forests at night, but never so much of it.

September 27th.—Fine morning. It's a blessing my Pappenheimers have not recognised what this means for the afternoon. We take things very leisurely. I know it's no good hurrying, we are dead sure of getting a ducking before we reach Buea anyhow, so we may as well enjoy ourselves while we can.

I ask my boys how they would "make fire suppose no matches live." Not one of them thinks it possible to do so, "it pass man to do them thing suppose he no got live stick or matches." They are coast boys, all of them, and therefore used to luxury, but it is really remarkable how widely diffused matches are inland, and how very dependent on them these natives are. When I have been away in districts where they have not penetrated, it is exceedingly rarely that the making of fire has to be resorted to. I think I may say that in most African villages it has not had to be done for years and years, because when a woman’s fire has gone out, owing to her having been out at work all day, she just runs into some neighbour's hut where there is a fire burning, and gives compliments, and picks up a burning stick from the fire and runs home. From this comes the compliment, equivalent to our "Oh! don't go away yet," of "You come to fetch fire." This will be said to you all the way from Sierra Leone to Loanda, as far as I know, if you have been making yourself agreeable in an African home, even if the process may have extended over a day or so. The hunters, like the Fans, have to make fire, and do it now with a flint and steel; but in districts where their tutor in this method—the flint-lock gun—is not available, they will do it with two sticks, not always like the American


text:
Page:Travels in West Africa, Congo Français, Corisco and Cameroons (IA travelsinwestafr00kingrich).pdf/648

 Indians' fire-sticks. One stick is placed horizontally on the ground and the other twirled rapidly between the palms of the hands, but sometimes two bits of palm stick are worked in a hole in a bigger bit of wood, the hole stuffed round with the pith of a tree or with silk cotton fluff, and the two sticks rotated vigorously. Again, on one occasion I saw a Bakele woman make fire by means of a slip of rafia palm drawn very rapidly, to and fro, across a notch in another piece of rafia wood. In most domesticated tribes, like the Effiks or the Igalwa, if they are going out to their plantation, they will enclose a live stick in a hollow piece of a certain sort of wood, which has a lining of its interior pith left in it, and they will carry this "fire box" with them. Or if they are going on a long canoe journey, there is always the fire in the bow of the canoe put into a calabash full of sand, or failing that, into a bed of clay with a sand rim round it.

By 10 o'clock we are off down to Buea. At 10.15 it pours as it can here; by 10.17 we are all in our normal condition of bedraggled saturation, and plodding down carefully and cheerfully among the rocks and roots of the forest, following the path we have beaten and cut for ourselves on our way up. It is dangerously slippery, particularly that part of it through the amomums, and stumps of the cut amomums are very likely to spike your legs badly—and, my friend, never, never, step on one of the amomum stems lying straight in front of you, particularly when they are soaking wet. Ice slides are nothing to them, and when you fall, as you inevitably must, because all the things you grab hold of are either rotten, or as brittle as Salviati glass-ware vases, you hurt yourself in no end of places on those aforesaid cut amomum stumps. I am speaking from sad experiences of my own, amplified by observations on the experiences of my men.

The path, when we get down again into the tree-fern region, is inches deep in mud and water, and several places where we have a drop of five feet or so over lumps of rock are worse work going down than we found them going up, especially when we have to drop down on to amomum stems. One abominable place, a V-shaped hollow, mud-lined, and with an immense tree right across it—a tree one of our tornadoes has thrown


text:
Page:HCF v The Queen.pdf/45

Edelman J Steward J

or a special verdict of not guilty on the ground of insanity. In our opinion, the judge is not bound to tell them … of the possible results of their verdict."

More recently, in Cheung v The Queen, Gleeson CJ, Gummow and Hayne JJ said :

"The decision as to guilt of an offence is for the jury. The decision as to the degree of culpability of the offender's conduct, save to the extent to which it constitutes an element of the offence charged, is for the sentencing judge. If, and in so far as, the degree of culpability is itself an element of the offence charged, that will be reflected in an issue presented to the jury for decision by verdict. In such an event, the sentencing judge will be bound by the manner in which the jury, by verdict, expressly or by necessary implication, decided that issue. But the issues resolved by the jury's verdict may not include some matters of potential importance to an assessment of the offender's culpability. That is not unusual. It is commonplace."

The general rule applies to counsel as well. As King CJ said in a well-known passage from R v Costi :

"In the summing up the learned trial judge attributed to counsel for the defence a reference in his address to the jury to the maximum penalty for the offence charged. The text of counsel's address to the jury was not before this Court and I am therefore not in a position to verify the attribution. If counsel referred to the penalty, he was not entitled to do so. It is improper for counsel to refer in the presence of the jury to the maximum penalty prescribed by law for the offence charged or to make any other reference to penalty. This is a well-established rule of practice and observance of it must be insisted upon. If counsel improperly refers to penalty in the course of an address to the jury, it is the duty of the trial judge to intervene immediately in order to stop counsel and to remind the jury that they are not concerned with penalty."

Juror X and other jurors should not have discussed the penalties for rape and "carnal knowledge". That was an entirely extraneous consideration. It denied procedural fairness to both the appellant and the Crown. Moreover, the Court is in no position to know whether this, in any way, infected the pathway by which the jury reasoned to a conviction of guilt or a finding of acquittal in respect of each count. In the context of the other three matters set out above, it is not possible to

title: Page:HCF v The Queen.pdf/45


text:
Page:Travels in West Africa, Congo Français, Corisco and Cameroons (IA travelsinwestafr00kingrich).pdf/649

 down since we passed—bothers the men badly, as they slip and scramble down, and then crawl under the tree and slip and scramble up with their loads. I say nothing about myself. I just take a flying slide of twenty feet or so and shoot flump under the tree on my back, and then deliberate whether it is worth while getting up again to go on with such a world; but vanity forbids my dying like a dog in a ditch, and I scramble up, rejoining the others where they are standing on a cross-path: our path going S.E. by E., the other S.S.W. Two men have already gone down the S.W. one, which I feel sure is the upper end of the path Sasu had led us to and wasted time on our first day’s march; the middle regions of which were, as we had found from its lower end, impassable with vegetation. So after futile attempts to call the other two back, we go on down the S.E. one, and get shortly into a plantation of giant kokos mid-leg deep in most excellent fine mould—the sort of stuff you pay 6s. a load for in England to start a conservatory bed with. Upon my word, the quantities of things there are left loose in Africa, that ought to be kept in menageries and greenhouses and not let go wild about the country, are enough to try a saint.

We then pass through a clump of those lovely great tree-ferns. The way their young fronds come up with a graceful curl, like the top of a bishop's staff, is a poem; but being a present fractious, I will observe that they are covered with horrid spines, as most young vegetables are in Africa. But talking about spines, I should remark that nothing save that precious climbing palm—I never like to say what I feel about climbing palms, because one once saved my life—equals the strong bush rope which abounds here. It is covered with short, strong, curved thorns. It creeps along concealed by decorative vegetation, and you get your legs twined in it, and of course injured. It festoons itself from tree to tree, and when your mind is set on other things, catches you under the chin, and gives you the appearance of having made a determined but ineffectual attempt to cut your throat with a saw. It whisks your hat off and grabs your clothes, and commits other iniquities too numerous to catalogue here. Years and


text:
Page:HCF v The Queen.pdf/46

 have any confidence that all members of the jury cast aside, or ignored entirely, their knowledge of the possible sentencing outcomes. On this matter alone, it must therefore follow that the jury's misbehaviour was capable of prejudicing its consideration of the appellant's case.

The fact that some of the jurors who responded to the Sheriff did not seem to think that what had occurred would have made a difference to the outcome of the trial justifies no contrary conclusion. Thus, juror A thought that it "most probably ... would not have affected the totality of [the] decisions". Further, as already mentioned, juror B thought that what had happened "seemed inconsequential". Another juror recalled no "bias, fraud or offence" and another did not "think she was in breach of her obligations as a member of the jury". The foregoing represents no more than untested opinions held by only six jurors, some of whom did not acknowledge the wrongful nature of their disobedience of the trial judge's directions. It in no way removes the inference arising from the three serious acts of disobedience that there was, at the very least, a capacity of the impugned conduct to prejudice the jury's consideration of the appellant's case.

Outcome

The appeal must be allowed. There has been a miscarriage of justice for the purposes of s 668E(1) of the Criminal Code. The Crown made very few submissions to support the application of the proviso in s 668E(1A) of the Criminal Code. Although the Court of Appeal referred to the absence of any "substantial" miscarriage of justice, the Crown was rightly, if tentatively, of the view that the reference to "substantial" was a slip and the Court of Appeal had dismissed the appeal on the basis that there was no miscarriage for the purposes of s 668E(1); there was thus no need to consider the proviso and it was not considered.

The Crown nonetheless, but faintly, invited this Court to consider the application of the proviso in s 668E(1A). In the absence of any independent assessment of the evidence by the Court of Appeal below, and in the absence of any serious submissions being made about this issue in this appeal, this Court should not itself consider the proviso. The proper course of action is for that issue to be remitted to the Court of Appeal for its consideration.

The orders should be:

1. The appeal be allowed.

2. Set aside the orders of the Court of Appeal of the Supreme Court of Queensland made on 3 September 2021.

3. Remit the matter to the Court of Appeal for further hearing and disposition in accordance with the reasons of this Court.

title: Page:HCF v The Queen.pdf/46


text:
Page:Complete Works of Count Tolstoy - 13.djvu/487

 given to another. Souls other than mine I not only cannot rule over, but am not even able to comprehend; how, then, can I mend and teach them? And how can I waste my strength on what is not in my power, and overlook that which is in my power? Outside the teaching, Jesus showed by his life the falseness of the structure of this world, in which all pretend to be busy with the good of others, whereas their aim is nothing but a pampering of their lust, a love of darkness. Look at any evil whatsoever, and you will see that every man gives out as his pretext the good of his neighbour. When you see that a man is taking hold of another, and insulting him, saying that he is doing so for the good of humanity, try to find out what it is that the man wants, and you will see that he is doing it for his own sake.

Failing to comprehend all this, the false faith has enticed people into the vicious desire to teach others and has given birth to the church with all its horrors and monstrosities. What will happen, if there shall be no church? There will be what now is, what Jesus has said. He spoke, not because he wanted to, but because it is so. He said, Do good deeds that men, seeing them, may glorify God. And it is only this one teaching which will be and has been ever since the world has existed. In works there is no diversity, but if in the confession, in the comprehension, in the external worship, there is and shall be any diversity of opinion, it does not touch the faith and the works, and is in nobody’s way. The church wanted to unite these confessions and external worships, and itself broke up in innumerable sects, one denying the other, and has thus shown that neither the confession nor the worship is a matter of faith. The business of faith is only the life in the faith. Life alone is higher than anything, and cannot be subjected to anything but God, who is cognized through life alone.


text:
Page:Travels in West Africa, Congo Français, Corisco and Cameroons (IA travelsinwestafr00kingrich).pdf/650

 years that bush rope will wait for a man's blood, and when he comes within reach it will have it.

We are well down now among the tree-stems grown over with rich soft green moss and delicate filmy-ferns. I should think that for a botanist these south-eastern slopes of Mungo Mah Lobeh would be the happiest hunting grounds in all West Africa,

The vegetation here is at the point of its supreme luxuriance, owing to the richness of the soil; the leaves of trees and plants I recognise as having seen elsewhere are here far larger, and the undergrowth particularly is more rich and varied, far and away. Ferns seem to find here a veritable paradise. Everything, in fact, is growing at its best. I dare say a friend of mine who told me that near Victoria he had stuck his umbrella into the ground one evening, and found in the morning it was growing leaves all up its stick, was overstating the facts of the case; still, if the incident could happen anywhere it would be in this region.

We come to another fallen tree over another hole; this tree we recognise as an old acquaintance near Buea, and I feel disgusted, for I had put on a clean blouse, and washed my hands in a tea-cupful of water in a cooking pot before leaving the forest camp, so as to look presentable on reaching Buea, and not give Herr Liebert the same trouble he had to recognise the white from the black members of the party that he said he had with the members of the first expedition to the peak; and all I have got to show for my exertion that is clean or anything like dry is one cuff over which I have been carrying a shawl.

We double round a corner by the stockade of the station's plantation, and are at the top of the mud glissade—the new Government path, I should say—that leads down into the barrack-yard.

In the wild exhilaration the view of the barrack-yard and the official residence gives me, I feel mightily inclined to toboggan down it, but I observe what I imagine to be Society on his verandah, and so forbear. But I find when I reach the verandah I might have done it, for Society was superintending making a back drain for surface water and it


text:
Page:Travels in West Africa, Congo Français, Corisco and Cameroons (IA travelsinwestafr00kingrich).pdf/651

 was only Society's washing that was drying from the wash that had alarmed me.

Our arrival brings Herr Liebert promptly on the scene, as kindly helpful and energetic as ever, and again anxious for me to have a bath. The men bring our saturated loads into my room, and after giving them their food and plenty of tobacco, I get my hot tea and change into the clothes I had left behind at Buea, and feeling once more fit for polite society, go out and find his Imperial and Royal Majesty's representative making a door, tightening the boards up with wedges in a very artful and professional way. We discourse on things in general and the mountain in particular. The great south-east face is now showing clear before us, the clearness that usually comes before nightfall. It looks again a vast wall, and I wish I were going up it again to-morrow. When "the Calabar major" set it on fire in the dry season it must have been a noble sight, and it is small wonder Cameroons thought "die grosse Kolonie" was going to be Pompeied by an awful eruption from "der grossen Kolonie am grössten feuerspeienden Berg."

The north-eastern edge of the slope of the mountain seems to me unbroken up to the peak, The great crater we went and camped in must be a very early one in the history of the mountain, and out of it the present summit seems to have been thrown up. From the sea face, the western, I am told the slope is continuous on the whole, although there are several craters on that side; seventy craters all told are so far known on Mungo.

The last reported eruption was in 1852, when signs of volcanic activity were observed by a captain who was passing at sea. The lava from this eruption must have gone down the western side, for I have come across no fresh lava beds in my wanderings on the other face. Herr Liebert has no confidence in the mountain whatsoever, and announces his intention of leaving Buea with the army on the first symptom of renewed volcanic activity. I attempt to discourage him from this energetic plan, pointing out to him the beauty of that Roman soldier at Pompeii who was found, centuries after that eruption, still at his post; and if he regards that as merely


text:
Author:Joannes Molanus

Works

 * Usuardi martyrologium (1568)
 * De Picturis et Imaginibus Sacris (1570)
 * Republished as Historia Sanctarum Imaginum (1594)
 * Republished as De Historia Sacrarum Imaginum et Picturarum (1771) by Jean-Noël Paquot
 * Indiculus Sanctorum Belgii (1573)
 * De fide haereticis servanda libri tres (1584)
 * Theologiae Practicae Compendium (1585)
 * Liber de piis testamentis (1585)
 * De Canonicis libri tres (1587)
 * Militia sacra ducum et principum Brabantiae (1592), edited by Henricus van Cuyck;
 * Natales sanctorum Belgii (1595), edited by Henricus van Cuyck;

title: Author:Joannes Molanus


text:
Page:Richard III (1927) Yale.djvu/76

62

York. You mean, to bear me, not to bear with me:

Uncle, my brother mocks both you and me.

Because that I am little, like an ape,

He thinks that you should bear me on your shoulders.

Buck. With what a sharp provided wit he reasons!

To mitigate the scorn he gives his uncle,

He prettily and aptly taunts himself:

So cunning and so young is wonderful.

Rich. My lord, will 't please you pass along?

Myself and my good cousin Buckingham

Will to your mother, to entreat of her

To meet you at the Tower and welcome you.

York. What! will you go unto the Tower, my lord?

Prince. My Lord Protector will have it so.

York. I shall not sleep in quiet at the Tower.

Rich. Why, what should you fear?

York. Marry, my uncle Clarence' angry ghost:

My grandam told me he was murther'd there.

Prince. I fear no uncles dead.

Rich. Nor none that live, I hope.

Prince. An if they live, I hope, I need not fear.

But come, my lord; and, with a heavy heart,

Thinking on them, go I unto the Tower.

A Sennet. Exeunt Prince, York, Hastings, and Dorset.

Mane[n]t Richard, Buckingham, and Catesby.

Buck. Think you, my lord, this little prating York

Was not incensed by his subtle mother

To taunt and scorn you thus opprobriously?

Rich. No doubt, no doubt: O! 'tis a perilous boy;

 131 shoulders; cf. n.

132 provided: ready

133 scorn: taunt

141 Cf. n.

150 on: of

S. d. Sennet; cf. n.

152 incensed: instigated

154 perilous: i.e. parlous

title: Page:Richard III (1927) Yale.djvu/76


text:
Page:Richard III (1927) Yale.djvu/77

Richard the Third, III. i

Bold, quick, ingenious, forward, capable:

He's all the mother's, from the top to toe.

Buck. Well, let them rest. Come hither, Catesby; thou art sworn

As deeply to effect what we intend

As closely to conceal what we impart.

Thou know'st our reasons urg'd upon the way.

What think'st thou? is it not an easy matter

To make William Lord Hastings of our mind,

For the instalment of this noble duke

In the seat royal of this famous isle?

Cate. He for his father's sake so loves the prince

That he will not be won to aught against him.

Buck. What think'st thou, then, of Stanley? will not he?

Cate. He will do all in all as Hastings doth.

Buck. Well then, no more but this: go, gentle Catesby,

And, as it were far off, sound thou Lord Hastings,

How he doth stand affected to our purpose;

And summon him to-morrow to the Tower,

To sit about the coronation.

If thou dost find him tractable to us,

Encourage him, and tell him all our reasons:

If he be leaden, icy-cold, unwilling,

Be thou so too, and so break off the talk,

And give us notice of his inclination;

For we to-morrow hold divided councils,

Wherein thyself shalt highly be employ'd.

Rich. Commend me to Lord William: tell him, Catesby,

His ancient knot of dangerous adversaries

 155 forward: precocious

capable: intelligent

164 seat royal: royal throne

170 far off: indirectly; cf. n.

173 sit: confer

182 knot: group

title: Page:Richard III (1927) Yale.djvu/77


text:
Author:Jean-Noël Paquot

Works

 * De Historia Sacrarum Imaginum et Picturarum (1722)
 * This is a republishing of De Picturis et Imaginibus Sacris (1570) by Joannes Molanus
 * Mémoires pour servir à l'histoire littéraire des dix-sept provinces des Pays-Bas, de la principauté de Liège et de quelques contrées voisines (1763)

title: Author:Jean-Noël Paquot