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 that joined the park, and enjoyed the solitude and the mystery, kicked the brown leaves of autumn, and picked the primroses of spring. But it was all a dream; or rather it was like the simulacrum of reality. The oak-leaves were to her like oak-leaves seen ruffling in a mirror, she herself was a figure somebody had read about, picking primroses that were only shadows or memories, or words. No substance to her or anything no touch, no contact! Only this life with Clifford, this endless spinning of webs of yarn, of the minutiae of consciousness, these stories Sir Malcolm said there was nothing in, and they wouldn't last. Why should there be anything in them, why should they last? Sufficient unto the day is the evil thereof. Sufficient unto the moment is the appearance of reality.

Clifford had quite a number of friends, acquaintances really, and he invited them to Wragby. He invited all sorts of people, critics and writers, people who would help to praise his books. And they were flattered at being asked to Wragby, and they praised. Connie understood it all perfectly. But why not? This was one of the fleeting patterns in the mirror. What was wrong with it?

She was hostess to these people mostly men. She was hostess also to Clifford's occasional aristocratic relations. Being a soft, ruddy, country-looking girl, inclined to freckles, with big blue eyes, and curling, brown hair, and a soft voice, and rather strong, female loins she was considered a little old-fashioned and "womanly." She was not a "little pilchard sort of fish," like a boy, with a boy's flat breast and little buttocks. She was too feminine to be quite smart.

So the men, especially those no longer young, were very nice to her indeed. But, knowing what torture poor Clifford would feel at the slightest sign of flirting on her part, she gave them no encouragement at all. She was quiet and vague, she had no contact with them and intended to have none. Clifford was extraordinarily proud of himself.

His relatives treated her quite kindly. She knew that the kindliness indicated a lack of fear, and that these people had no respect for you unless you could frighten them a little. But again she had no contact. She let them be kindly and disdainful, she let them feel they had no need to draw their steel in readiness. She had no real connection with them.


text: The Earth Turns South/O Dear Brown Lands

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


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 Time went on. Whatever happened, nothing happened, because she was so beautifully out of contact. She and Clifford lived in their ideas and his books. She entertained there were always people in the house. Time went on as the clock does, half-past eight instead of half-past seven.


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Page:Holy Bible Translated from the Latin Vol 1.pdf/14

 me out this day from the face of the earth: every one therefore that findeth me, shall kill me:

And the Lord said to him: No, it shall not so be: but whosoever shall kill Cain, shall be punished seven fold. And the Lord set a mark upon Cain, that whosoever found him should not kill him.

And Cain went out from the face of the Lord, and dwelt as a fugitive on the earth at the east side of Eden.

And Cain knew his wife, and she conceived, and brought forth Henoch: and he built a city, and called the name thereof by the name of his son Henoch.

And Henoch begot Irad, and Irad begot Maviael, and Maviael begot Mathusael, and Mathusael begot Lamech.

Who took two wives, the name of the one was Ada, and the name of the other Sella.

And Ada brought forth Jabel, who was the father of such as dwell in tents, and of herdsmen.

And his brothers name was Jubal: he was the father of them that play on the harp and the organs.

Sella also brought forth Tubalcain, who was a hammerer and artificer in every work of brass and iron. And the sister of Tubalcain was Noema.

And Lamech said to his wives Ada and Sella: Hear my voice, ye wives of Lamech, hearken to my


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58 of men and women who meet together to formulate a policy and programme to vote upon. They set up a political ticket in the hope of getting people, most of whom they do not know, to vote for them, and when that vote is at last cast, it is cast by men whom they have not organized, do not know, and cannot rely upon to use in their own defense. We have proven that such a body can make propaganda, and good propaganda, for socialist principles, but it can never function as the weapon of an industrially organized working class. To it, such a party will always be an outside body, a body not under its direct control, but the political weapon of the Industrially Organized Working Class will be a weapon of its own forging and wielded by its own hand. I believe it to be incumbent upon organized Labor to meet the capitalist class upon every field where it can operate to our disadvantage. Therefore I favor direct attacks upon the control of governmental powers through the ballot-box, but I wish to see these attacks supported by the economic organization. In short, I believe that there is no function performed by a separate political party that the economic organization cannot help it perform much better and with greater safety to working class interests. Let us be clear as to the function of Industrial Unionism. That function is to build up an industrial republic inside the shell of the political State, in order that when that industrial republic is fully organized it may crack the shell of the political State and step into its place in the scheme of the universe. But in the process of up-building, during the period of maturing, the mechanism of the political State can be utilized to assist in the formation of the embryo Industrial Republic. Or, to change the an-


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82 ment throughout; and try what certain Knowledge or Assurance of things may be recover'd, in that very way, by which all Certainty, you thought, was lost, and an endless Scepticism introduc'd.

F a Native of were on a sudden transported into, and placed either at  or  at a time of Carnival, when the general Face of Mankind was disguis'd, and almost every Creature wore a Mask; 'tis probable he wou'd for some time be at a stand, before he discoverd the Cheat: not imagining that a whole People cou'd be so fantastical, as upon Agreement, at an appointed time, to transform themselves by a Variety of Habits, and make it a solemn Practice to impose on one another, by this universal Confusion of Characters and Persons. Tho he might at first perhaps have look'd on this with a serious eye, it wou'd be hardly possible for him to hold his Countenance, Rh


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Page:Kelley v. Chicago Park District.pdf/2

 Alexander L. Karan, Micah E. Marcus (argued), Attorneys, Kirkland & Ellis LLP, Chicago, IL, for Plaintiff-Appellant.

Annette M. McGarry (argued), Attorney, McGarry & McGarry, Jeanne G. Toft, Attorney, Chicago Park District Law Department, Chicago, IL, for Defendant-Appellee.

Before MANION, SYKES and TINDER, Circuit Judges.

SYKES, Circuit Judge.

Chapman Kelley is a nationally recognized artist known for his representational paintings of landscapes and flowers—in particular, romantic floral and woodland interpretations set within ellipses. In 1984 he received permission from the Chicago Park District to install an ambitious wildflower display at the north end of Grant Park, a prominent public space in the heart of downtown Chicago. “Wildflower Works” was thereafter planted: two enormous elliptical flower beds, each nearly as big as a football field, featuring a variety of native wildflowers and edged with borders of gravel and steel.

Promoted as “living art,” Wildflower Works received critical and popular acclaim, and for a while Kelley and a group of volunteers tended the vast garden, pruning and replanting as needed. But by 2004 Wildflower Works had deteriorated, and the City’s goals for Grant Park had changed. So the Park District dramatically modified the garden, substantially reducing its size, reconfiguring the oval flower beds into rectangles, and changing some of the planting material.

Kelley sued the Park District for violating his “right of integrity” under the Visual Artists Rights Act of 1990 (“VARA”), 17 U.S.C. § 106A, and also for breach of contract. The contract claim is insubstantial; the main event here is the VARA claim, which is novel and tests the boundaries of copyright law. Congress enacted this statute to comply with the nation’s obligations under the Berne Convention for the Protection of Literary and Artistic Works. VARA amended the Copyright Act, importing a limited version of the civil-law concept of the “moral rights of the artist” into our intellectual-property law. In brief, for certain types of visual art—paintings, drawings, prints, sculptures, and exhibition photographs—VARA confers upon the artist certain rights of attribution and integrity. The latter include the right of the artist to prevent, during his lifetime,


text: A litil boke for the Pestilence

title: A litil boke for the Pestilence


text: The Pima Indians/Esthetic arts

title: The Pima Indians/Esthetic arts


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 moral and decorous reasons the purest masterpieces of foreign tragedy. Not that there is any great harm in this homebred farce, though it is extravagant in every sense at all points; rough and ready, coarse and boisterous, nautically jocose and erotic—rather flagrant of Wapping than fragrant of Whitehall. But it is as far from the deliberate and elaborate brutality of Wycherley, Shadwell, and Dryden himself, in their best and worst comedies, as from the daintier naughtiness and graceless grace of Etherege. Nor has it anything—in speaking of an English work produced in any but the age of Rochester it would be happily superfluous to certify that it had nothing—of the 'unspeakable' and ultra-Turkish taint which in that noble poet's contemporary alteration of Fletcher's Valentinian is rank enough to commend it even to the abnormal appetite of a moralist after the order of Petronius. But in an honest way' (as Prior has it) there is here undoubtedly no stint of that same'—in other words, of broad rampant full-blown merriment, playing noisily about the nuptial couch of a plebeian Alcmena. 'A younger brother,' as he describes himself, 'of the house of Mercury,' being in love with an usurer's daughter, whose 'father sent her husband of an errand, no man knows whither,' nine years before the action of the comedy begins, takes advantage of such a personal resemblance to the bridegroom as precludes the necessity of supernatural juggling or miraculous disguise to impose upon father and daughter alike the belief that the wanderer has returned in his person, rich enough to 'get children in embroidered coats'. As no deity could here be called in to loose the knot, 'to gild the pill,' and to announce the nativity of a Hercules, the playwright has hit on a happily ingenious device wherewith to reconcile controversy and to conciliate morality for this, unlike his politer fellows of the more courtly stage, the honest unknown has actually been at pains to accomplish by the expedient of assimilating the household arrangements of his Amphitryon and Alcmena to those of the couple corresponding to that Grecian pair in the scriptural record of Christian mythology. The


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Rh alogy, we might liken the position of the Industrial Republic in its formative period towards political society, to the position of the younger generation towards the generation passing away. The younger accepts the achievements of the old, but gradually acquires strength to usurp its functions until the new generation is able to abandon the paternal household and erect its own. While doing so, it utilizes to the fullest all the privileges of its position. So the Industrial Unionist will function in a double capacity in capitalist society. In his position as a citizen in a given geographical area, he will use his political voting power in attacks upon the political system of capitalism, and in his position as a member of the Industrial Union he will help in creating the economic power which in the fullness of time will overthrow that political system, and replace it by the Industrial Republic.

My contentions along these lines do not imply by any means that I regard immediate action at the ballot box by the economic organization as essential, although I may regard it as advisable, Asas [sic] I have already indicated, the proletarian revolution will in that respect most likely follows the lines of capitalist revolutions in the past.

In Cromwellian England, in Colonial America, in Revolutionary France the real political battle did not begin until after the bourgeoisie, the capitalist class, had become the dominant class in the nation. Then they sought to conquer political power in order to allow their economic power to function freely. It was no mere coincidence but a circumstance born of the very nature of things, woven, so to speak, in the warp and woof of fate, that in all the three countries the signal for the revolution was given by the ruling class touching the bourgeosie in the


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wheeler, Francis


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Whe(e)ler, (Sir) George


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Whe(e)ler, Gilbert (1)


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Page:Kelley v. Chicago Park District.pdf/3

 any distortion or modification of his work that would be “prejudicial to his … honor or reputation,” and to recover for any such intentional distortion or modification undertaken without his consent. See 17 U.S.C. § 106A(a)(3)(A).

The district court held a bench trial and entered a split judgment. The court rejected Kelley’s moral-rights claim for two reasons. First, the judge held that although Wildflower Works could be classified as both a painting and a sculpture and therefore a work of visual art under VARA, it lacked sufficient originality to be eligible for copyright, a foundational requirement in the statute. Second, following the First Circuit’s decision in Phillips v. Pembroke Real Estate, Inc., 459 F.3d 128 (1st Cir.2006), the court concluded that site-specific art like Wildflower Works is categorically excluded from protection under VARA. The court then held for Kelley on the contract claim, but found his evidence of damages uncertain and entered a nominal award of $1. Both sides appealed.

We affirm in part and reverse in part. There is reason to doubt several of the district court’s conclusions: that Wildflower Works is a painting or sculpture; that it flunks the test for originality; and that all site-specific art is excluded from VARA. But the court was right to reject this claim; for reasons relating to copyright’s requirements of expressive authorship and fixation, a living garden like Wildflower Works is not copyrightable. The district court’s treatment of the contract claim is another matter; the Park District is entitled to judgment on that claim as well.

Kelley is a painter noted for his use of bold, elliptical outlines to surround scenes of landscapes and flowers. In the late- [sic]1970s and 1980s, he moved from the canvas to the soil and created a series of large outdoor wildflower displays that resembled his paintings. He planted the first in 1976 alongside a runway at the Dallas-Fort Worth International Airport and the second in 1982 outside the Dallas Museum of Natural History. The wildflower exhibit at the museum was temporary; the one at the airport just “gradually petered out.”

In 1983 Kelley accepted an invitation from Chicago-based oil executive John Swearingen and his wife, Bonnie—collectors of Kelley’s paintings—to come to Chicago to explore the possibility of creating a large outdoor wildflower display in the area. He scouted sites by land and by air and eventually settled on Grant Park, the city’s showcase public space running along Lake Michigan in the center of downtown Chicago. This location suited Kelley’s artistic, environmental, and educational mission; it also provided the best opportunity to reach a large audience. Kelley met with the Park District superintendent to present his proposal, and on June 19, 1984, the Park District Board of Commissioners granted him a permit to install a “permanent Wild Flower Floral Display” on a grassy area on top of the underground Monroe Street parking garage in Daley Bicentennial Plaza in Grant Park. Under the terms of the permit, Kelley was to install and maintain the exhibit at his own expense. The Park District reserved the right to terminate the installation by giving Kelley “a 90 day notice to remove the planting.”

Kelley named the project “Chicago Wildflower Works I.” The Park District issued a press release announcing that “a new form of ‘living’ art” was coming to Grant Park—“giant ovals of multicolored wildflowers” created by Kelley, a painter and “pioneer in the use of natural materials” who “attracted national prominence for his efforts to incorporate the landscape


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wheeler, Gilbert (2)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wheeler, Henry


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Page:Literary Lapses - Leacock - 1919.djvu/142

lives of great men occupy a large section of our literature. The great man is certainly a wonderful thing. He walks across his century and leaves the marks of his feet all over it, ripping out the dates on his goloshes as he passes. It is impossible to get up a revolution or a new religion, or a national awakening of any sort, without his turning up, putting himself at the head of it and collaring all the gate-receipts for himself. Even after his death he leaves a long trail of second-rate relations spattered over the front seats of fifty years of history.

Now the lives of great men are doubtless infinitely interesting. But at times I must confess to a sense of reaction and an idea that the ordinary common man is entitled to have his biography written too. It is to illustrate this view that I write the life of John Smith, a man neither good nor great, but just the usual, everyday homo like you and me and the rest of us.

From his earliest childhood John Smith was


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60 one part that was calculated to arouse them as a class, and at the same time demonstrate their strength. That one sensitive was their finance, their ownership of the sinews of war. In England it was over the question of taxes, of ship money, that Hampden first raised the standard of revolt whose last blow was struck at Whitehall when the king's head rolled in the gutter. In America it was over the question of taxes, and again the capitalist class were united, until a new nation was born to give them power. In France it was the failure of the king to raise taxes that led to the convocation of the States General, which assembly first revealed to the French capitalists their power as a class and set their feet upon the revolutionary path. In all three countries the political rebellion was but the expression of the will of a class already in possession of economic power. This is in conformity with the law of human evolution, that the new system can never overthrow the old, until it itself is fully matured and able to assume all the useful functions of the thing it is to dethrone.

In the light of such facts, and judging by such reasoning, we need not exercise our souls over the question of the date of the appearance of the Industrial Organizations of Labor upon the electoral field. Whether we believe, I believe, that the electoral field offers it opportunities it would be criminal to ignore, or believe, as some do, that electoral action on the part of the economic organizations is at present premature, one thing we can be agreed upon, if we accept the outline of history, I have just sketched, viz., that it is necessary to remember that at the present stage of development all actions of our class at the ballot box are in the nature of mere preliminary skirmishes, or educational campaigns and that the


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  marked out from his comrades by nothing. The marvellous precocity of the boy did not astonish his preceptors. Books were not a passion for him from his youth, neither did any old man put his hand on Smith's head and say, mark his words, this boy would some day become a man. Nor yet was it his father's wont to gaze on him with a feeling amounting almost to awe. By no means! All his father did was to wonder whether Smith was a darn fool because he couldn't help it, or because he thought it smart. In other words, he was just like you and me and the rest of us.

In those athletic sports which were the ornament of the youth of his day, Smith did not, as great men do, excel his fellows. He couldn't ride worth a darn. He couldn't skate worth a darn. He couldn't swim worth a darn. He couldn't shoot worth a darn. He couldn't do anything worth a darn. He was just like us.

Nor did the bold cast of the boy's mind offset his physical defects, as it invariably does in the biographies. On the contrary. He was afraid of his father. He was afraid of his school-teacher. He was afraid of dogs. He was afraid of guns. He was afraid of lightning.


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  He was afraid of hell. He was afraid of girls.

In the boy's choice of a profession there was not seen that keen longing for a life-work that we find in the celebrities. He didn't want to be a lawyer, because you have to know law. He didn't want to be a doctor, because you have to know medicine. He didn't want to be a business-man, because you have to know business; and he didn't want to be a school-teacher, because he had seen too many of them. As far as he had any choice, it lay between being Robinson Crusoe and being the Prince of Wales. His father refused him both and put him into a dry goods establishment.

Such was the childhood of Smith. At its close there was nothing in his outward appearance to mark the man of genius. The casual observer could have seen no genius concealed behind the wide face, the massive mouth, the long slanting forehead, and the tall ear that swept up to the close-cropped head. Certainly he couldn't. There wasn't any concealed there.

It was shortly after his start in business life that Smith was stricken with the first of those distressing attacks, to which he afterwards be-


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  came subject. It seized him late one night as he was returning home from a delightful evening of song and praise with a few old school chums. Its symptoms were a peculiar heaving of the sidewalk, a dancing of the street lights, and a crafty shifting to and fro of the houses, requiring a very nice discrimination in selecting his own. There was a strong desire not to drink water throughout the entire attack, which showed that the thing was evidently a form of hydrophobia. From this time on, these painful attacks became chronic with Smith. They were liable to come on at any time, but especially on Saturday nights, on the first of the month, and on Thanksgiving Day. He always had a very severe attack of hydrophobia on Christmas Eve, and after elections it was fearful.

There was one incident in Smith's career which he did, perhaps, share with regret. He had scarcely reached manhood when he met the most beautiful girl in the world. She was different from all other women. She had a deeper nature than other people. Smith realized it at once. She could feel and understand things that ordinary people couldn't. She could understand him. She had a great


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Page:A litil boke the whiche traytied and reherced many gode thinges necessaries for the infirmite a grete sekeness called Pestilence.djvu/43

 ¶ Here begynneth a litil boke the whiche traytied and reherced many gode thinges necessaries for the infirmite & grete sekenesse called Pestilence the whiche often times enfecteth us made by the most expert Doctour in phisike Bisshop of Arusiens in the realme of Denmark &c̈

T the reuerence & worschip of the blessed Trinite & of the glorious virgyn saynt Marye & the conseruation of the comyn wele of alle cristen people, as wel for them that ben hole as for remedie of them that been seke, I the bisshop of Arusiens in the royalme of denmark doctour of Phisique wille write by the moost experte and famous doctours auctorised in Phisike somme thynges of the infirmite of pestilence whiche dayly enfecteth, & sone soffreth us to departe oute of this lyfe

First I wil write the tokenes of this īfirmite

The second the causes wherof yt cometh

The thirde remedies for the same

The fourth comfort for the herte & the ncipal


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  sense of humour and an exquisite appreciation of a joke. He told her the six that he knew one night and she thought them great. Her mere presence made Smith feel as if he had swallowed a sunset: the first time that his finger brushed against hers, he felt a thrill all through him. He presently found that if he took a firm hold of her hand with his, he could get a fine thrill, and if he sat beside her on a sofa, with his head against her ear and his arm about once and a half round her, he could get what you might call a first-class, A-1 thrill. Smith became filled with the idea that he would like to have her always near him. He suggested an arrangement to her, by which she should come and live in the same house with him and take personal charge of his clothes and his meals. She was to receive in return her board and washing, about seventy-five cents a week in ready money, and Smith was to be her slave.

After Smith had been this woman's slave for some time, baby fingers stole across his life, then another set of them, and then more and more till the house was full of them. The woman's mother began to steal across his life too, and every time she came Smith had


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 membres of the body

The .v. when it schall be season to be lett blode

¶ First I sayde the tokenes of this infirmite .vii. thynges ought to be noted in the same The first is whan in a sommers daye the weder often times chaungeth, as in the mornīg the wedyr appereth to rayne, after ward it apperith cloudy & atte last wyndy in the south

¶ The seconde token is whan in sommer the dayes apperith al derke & like to rayne & yet hit rayneth not And if many dayes so continue it is to drede of grete Pestilence

¶ The thirde tokyn is whan grete multitude of flyes ben vpon the eerthe thenne it is signe the ayer is venemous and enfect

¶ The fourth token is, whan the sterres semen ofte times to falle: then hit is token that ayer is enfecte with moche venemous vapours

¶ The .v. token is whan a blasyng sterre is see in the element, thenne it sholde fortune sone after to be grete manslaghter in bataylle

¶ The .vi. token is, whanne there is grete lyghtnynge and thundre namely oute of the


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  hydrophobia frightfully. Strangely enough there was no little prattler that was taken from his life and became a saddened, hallowed memory to him. Oh, no! The little Smiths were not that kind of prattler. The whole nine grew up into tall, lank boys with massive mouths and great sweeping ears like their father's, and no talent for anything.

The life of Smith never seemed to bring him to any of those great turning-points that occurred in the lives of the great. True, the passing years brought some change of fortune. He was moved up in his dry-goods establishment from the ribbon counter to the collar counter, from the collar counter to the gents' panting counter, and from the gents' panting to the gents' fancy shirting. Then, as he grew aged and inefficient, they moved him down again from the gents' fancy shirting to the gents' panting, and so on to the ribbon counter. And when he grew quite old they dismissed him and got a boy with a four-inch mouth and sandy-coloured hair, who did all Smith could do for half the money. That was John Smith's mercantile career: it won't stand comparison with Mr. Gladstone's, but it's not unlike your own.


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 in artistic creation.” The announcement explained that “[o]nce the ovals mature, the results will be two breathtaking natural canvases of Kelley-designed color patterns.”

In the late summer of 1984, Kelley began installing the two large-scale elliptical flower beds at the Grant Park site; they spanned 1.5 acres of parkland and were set within gravel and steel bottlers. A gravel walkway bisected one of the ovals, and each flower bed also accommodated several large, preexisting air vents that were flush with the planting surface, providing ventilation to the parking garage below. For planting material Kelley selected between 48 and 60 species of self-sustaining wildflowers native to the region. The species were selected for various aesthetic, environmental, and cultural reasons, but also to increase the likelihood that the garden could withstand Chicago’s harsh winters and survive with minimal maintenance. Kelley designed the initial placement of the wildflowers so they would blossom sequentially, changing colors throughout the growing season and increasing in brightness towards the center of each ellipse. He purchased the initial planting material—between 200,000 and 300,000 wildflower plugs—at a cost of between $80,000 and $152,000. In September of 1984, a battery of volunteers planted the seedlings under Kelley’s direction.

When the wildflowers bloomed the following year, Wildflower Works was greeted with widespread acclaim. Chicago’s mayor, the Illinois Senate, and the Illinois Chapter of the American Society of Landscape Artists issued commendations. People flocked to see the lovely display—marketed by the Park District as “living landscape art”—and admiring articles appeared in national newspapers. Wildflower Works was a hit. Here’s a picture:


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Rh conquest of political power by the working class waits upon the conquest of economic power, and must function through the economic organization.

Hence, reader, if you belong to the working class your duty is clear. Your union must be perfected until it embraces every one who toils in the service of your employer, or as a unit in your industry. The fact that your employers find it necessary to secure the services of any individual worker is or ought to be that individual's highest and best title to be a member of your union. If the boss needs him you need him more. You need the open union and the closed shop if you ever intend to control the means and conditions of life. And, as the champion of your class upon the political field, as the ever active propagandist of the idea of the Working Class, as the representative and embodiment of the social principle of the future, you need the Socialist Party. The Future of Labor is bound up with the harmonious development of those twin expressions of the forces of progress; the Freedom of Labor will be born of their happily consummated union.


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 are born in ubjection to their parents, and therefore cannot be free. And this authority of parents, he calls royal authority, p. 12, 14. Fatherly authority, right of fatherhood, p. 12, 20. One would have thought he would, in the beginning of uch a work as this, on which was to depend the authority of princes, and the obedience of ubjects, have told us exprely, what that fatherly authority is, have defined it, though not limited it, becaue in ome other treaties of his he tells us, it is unlimited, and unlimitable; he hould at leat have given us uch an account of it, that we might have had an entire notion of this fatherhood, or fatherly authority, whenever it came in our way in his writings: this I expected to have found in the firt chapter of his Patriarcha. But intead thereof, having, 1. en paant, made his obeyance to the arcana imperii, p. 5. 2. made his compliment to the rights and liberties of this, or any other nation, p. 6. which he is going preently to null and detroy; and, 3. made his leg to thoe learned men, who did not ee o far into the matter as himelf, p. 7. he comes to fall on Bel-  larmine,


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 south

¶ The .vii. token is whan grete wyndes passen out of the south they be foule & vnclene therfor whan these tokenes appere it is to drede grete pestilence but god of his cy wille remeue it

¶ These thinges folowyng be the causes of pestilence

¶ The Pestilence cometh of thre thinges, sō time it cometh fro the rote bynethe, Otherwhise fro the rote aboue, so that we may fele sensibly howe the chaunge of the ayer appereth vnto vs And somtyme it cometh of bothe to gider as wele fro the rote aboue as fro the rote by nethe, As we sce a sege or preuy next to a chambre or of any other particuler thyng whiche corrupteth the ayer in his substance & qualite which is a thinge may happe euery daye And ther of cometh the ague of Pestylence; And aboute the same many phisicions be deceyued: not supposyng this axes to be a Pestilence, sōtime it cometh of dede careyn or corrupcion of standing waters ī diches or slouhes & other corrupt places & these thinges som


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  Smith lived for five years after this. His sons kept him. They didn't want to, but they had to. In his old age the brightness of his mind and his fund of anecdote were not the delight of all who dropped in to see him. He told seven stories and he knew six jokes. The stories were long things all about himself, and the jokes were about a commercial traveller and a Methodist minister. But nobody dropped in to see him, anyway, so it didn't matter.

At sixty-five Smith was taken ill, and, receiving proper treatment, he died. There was a tombstone put up over him, with a hand pointing north-north-east.

But I doubt if he ever got there. He was too like us.


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Rh

HE Roman Satirist may be thought more than ordinarily satirical, when speaking of the Nobility and Court, he is so far from allowing them to be the Standard of Politeness and good Sense, that he makes 'em in a manner the Reverse,

Some of the most ingenious Commentators, however, interpret this very differently from what is generally apprehended. They make Rh


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 tyme be vniuersall (and) somtime particuler : Fro the rote aboue it fortuneth the causes of the bodyes aboue in the ayer by whome the spyryte of lyfe ys corrupte in a man or in a beste In like wyse as Auycenne sayeth in his fourthe boke, by the forme of thayer above the bodyes benethe lightly be infecte. For thynp̒syons above corrupteth the ayer, and soo the spirytes of a man ben corrupte. This infirmite cometh also from the rote above (and) bynethe, whanne of thynp̒ssions above the ayer is corrupt and of the putrefaccion or rotyn careyn of the vyle places bynethe an infirmite is caused in a man And suche an infirmite sometime is an axes, sometime a postume or a swellyng and that ys in many thinges. Also the ayer inspired sometime is venemous and corrupt, hurtyng the herte that nature many wayes ys greued, so that he perceyueth not hys harme. for the vryne appereth fayer and sheweth gode dygestion, yet neuerthelesse the pacyent ys lyke to dye, wherfore many Phisycions seyng the vryn of their pacyents they speke su(pr)ficially and be desceyued ther


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 fore it is nede, that euery pacient prouyde to hym selfe a gode and expert Phisycion These thynges wryton before are the canses of Pestilence : But above these thynges .ii. questions be meoued. the fyrst is werfore one dyeth (and) another dyeth not in a towne where men be dede in one hous (and) in another house ther dyeth none. The second questyon is : whether Pestihence sores be contagious. To the firste questyon I saye it may happe to be of .ii. causes That is to say of that thyng that doth (and) of that thyng that suffreth An ensample of that thyng that doth, the Influence of the bodyes aboue, beholdeth that place or that place more than this place or this place And the pacient ys more disposed to dye than another : Therfore it is to be noted that bodyes be more hote disposed of oopyn poorys than bodyes infect hauyng the poores stopped with many humours where bodyes be of resolution or openīg as men which abusen them selfe with wymen or vsen often times bathis, or mē that be hote with labour or grete angre : they haue their bodyes more disposed to this grete seke-


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Whe(e)ler, John (1)


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 nes. To the second question I saye that Pestilence sores be contagious by cause of enfecte humours bodyes and the reek or smoke of suche sores is venemous and corrupteth the ayer And therfore it is to flee fro suche persons as be infect : In Pestilence time no body sholde stande in grete prece of people be cause sōme mā of them my be may be infect Therfore wyse phisicyens in visityng seke folke stande ferre fro the patient holdyng their face toward the doore or wyndowe And so sholde the seruaunts of seke folke stande. Also it is gode to a patient euery daye for to chaunge his chambre (and) often times, to haue the wyndowes opene ayenst the northe and eest and to spere the wyndowes ayenst the south For the south wynde hath .ii. causes of putrifaction The first is it maketh a man beyng hole or seke feble in their bodyes The second cause is as it is writon in the .iii. of Amphorismys the south wynde greuyth the beeryng (and) hurteth the herte by cause it openeth the poores of man (and) entreth into the herte wherfore it is gode to an hole man in tyme of Pestilence whan the wynde is in the south to bee


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wheeler, John (2)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wheeler, John (3)


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 within the hous al daye (and) yf it schal be nede a man to goo oute, yet lete hym abide in hys hous, tyl the sonne be vp in the Eest passyng southward.

¶ Here after folowen the remedies for the pestylence

¶ Now it is to wete by what remedies a mā may p̒serue him selfe fro pestilence, first see the writing of Ieremy the (pr)phete that a mā ought to forsake euyl thīges (and) doo gode dedes (and) mekely to (con)fesse his sinnes, for why it is the hyest remedie ī time of pestilence, penaunce (and) cōfession to be p̒ferred al other medicynes Neuerthelesse I (pr)mitte you verely it is a gode remedye to voyde and chaunge thynfect place But somme may not proufitably change theire places Therfore as moche as to them is possible it is to eschewe euery cause of putrifactiō and stynking and namely euery fleschly lust with wymmen is to be eschewed, Also the sothern wynde which wynde is naturelly Infectyf Therfore spere the wyndowes ayenst the southe ī like wise as it is syd beforetil the first houre


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wheeler, John (4)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Wheeler, John (5)


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 afther the middes of the daye thenne opene the wyndowes ayenst the north. Of the same cause euery soule stynche is to be eschewed, of stablyl, stynking feldyes wayes or stretes and namely of stynkyng dede careyn and most of stynkyng waters where in many places water is kepte, ii, dayes or, ii, nyghtes ; Or ellyes ther be gutters of water casten, vnder theerthe which caused grete stynke and corrupcion And of this cause sōme deye in that house where suche thynges happen, and in another hous dye none as it is sayde afore Lyke wyse in that place where the wurtes and cooles putrefyed it maketh a noyfull sauour (and) stynkying For in lyke wyse as by the swete odour of bawme the herte and the spyrites haue recreacion, so of euyl sauours they be made feble wherfore kepe your hous that an infecte ayer entre not in ; for an infecte ayer moost causeth putrifaccion in places and houses where folke slepe Therfore lette your house be clene (and) make clere fyre of wode flamyng, Lett your hous be made with fumigacion of herbes that ys to saye with leuys of baye tree Ieneper vbe


text: Socialism Made Easy/Political Action of Labor


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 soreth of another (and) Also of infecte ayer a mās eyen be made dymme yf he bere not these forsyade thinges in hys hande ; also it is holsom that ye wasche your mouthe, face, eyen and handes often times in the daye with rose wat medled with vynegre And yf ye haue noo rosewater take vinegre : And so these thynges vsed ye may goo surely emonge the people Also a naturall laxe of the bely is a grete remedy ellys (pr)uoke a laxe by a suppositorye craftely use pipelles pestilenciales for they be gode they be in thappoticary shoppes Also kepe fyre alle waye in your hous For it letteth moche the Impressions of the bodyes aboue and clarefyeth the ayer. Also it is proufitable as wel for hole (and) seke folkes to drynke Tryacle Therfore take it .ii. times a daye with clere wyn lym phat or or with clere rose water or with clere ale Take a quātite of Tryacle (and) .ii. sponefull of clere wyn or rosewater or ale, dissolue the tryacle in the cuppe and drynke it and dyne not tyl the myddes of the day so that the Triacle maye haue his operation, thenne chese a gode disshe with mete and drynke clere wyn, and


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Page:Kelley v. Chicago Park District.pdf/5

 For the next several years, Kelley’s permit was renewed and he and his volunteers tended the impressive garden. They pruned and weeded and regularly planted new seeds, both to experiment with the garden’s composition and to fill in where initial specimen had not flourished. Of course, the forces of nature—the varying bloom periods of the plants; their spread habits, compatibility, and life cycles; and the weather—produced constant change. Some wildflowers naturally did better than others. Some spread aggressively and encroached on neighboring plants. Some withered and died. Unwanted plants sprung up from seeds brought in by birds and the wind. Insects, rabbits, and weeds settled in, eventually taking a toll. Four years after Wildflower Works was planted, the Park District decided to discontinue the exhibit. On June 3, 1988, the District gave Kelley a 90-day notice of termination.

Kelley responded by suing the Park District in federal court, claiming the termination of his permit violated the First Amendment. The parties quickly settled; in exchange for dismissal of the suit, the Park District agreed to extend Kelley’s permit for another year. On September 14, 1988, the Park District issued a “Temporary Permit” to Kelley and Chicago Wildflower Works, Inc., a nonprofit organization formed by his volunteers. This permit authorized them “to operate and maintain a two ellipse Wildflowers Garden Display … at Daley Bicentennial Plaza in Grant Park” until September 1, 1989. The permit stipulated that Kelley “will have responsibility and control over matters relating to the aesthetic design and content of Wildflower Works I,” and Wildflower Works, Inc. “shall maintain the Wildflower Works I at no cost to the Chicago Park District including, without limitation, weeding and application of fertilizer.” Although it did not contain a notice-of-termination provision, the permit did state that “[t]he planting material is the property of Mr. Chapman Kelley” and that Kelley “may remove the planting material” if the permit was not extended. Finally, the permit provided that “[t]his agreement does not create any proprietary interest for Chicago Wildflower Works, Inc., or Mr. Chapman Kelley in continuing to operate and maintain the Wildflower Garden Display after September 1, 1989.”

The Park District formally extended this permit each succeeding year through 1994. After that point Kelley and his volunteers continued to cultivate Wildflower Works without a permit, and the Park District took no action, adverse or otherwise, regarding the garden’s future. In March 2004 Kelley and Jonathan Dedmon, president of Wildflower Works, Inc., attended a luncheon to discuss the 20th anniversary of Wildflower Works. At the luncheon Dedmon asked Park District Commissioner Margaret Burroughs if Wildflower Works needed a new permit. Commissioner Burroughs responded, “You’re still there, aren’t you? That’s all you need to do.”

Three months later, on June 10, 2004, Park District officials met with Kelley and Dedmon to discuss problems relating to inadequate maintenance of the garden and forthcoming changes to Grant Park necessitated by the construction of the adjacent Millennium Park. The officials proposed reconfiguring Wildflower Works—decreasing its size from approximately 66,000 square feet to just under 30,000 square feet and remaking its elliptical flower beds into rectangles. The District’s director of development invited Kelley’s views on this proposal but made it clear that the District planned to go forward with the reconfiguration with or without Kelley’s approval. Kelley objected to the proposed changes, but did not request an opportunity to remove his planting material before the reconfiguration took place. A week later the


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 often times drinke in the daye but not moche to gyder for moche habondaunce of drynke putryfieth the humours, Also be ware hote thinges in metes as Pepyr and Garlik, though peper purgeth the brayne from flewme and specially the membres fom viscous humours, yet it maketh moche hete, and hete falleth īto putrifaction, bitternes only is more to plese than bote odour or sauour Also garlik though it purgeth fleame (and) putte oute euyl humour and (pr)uoked an appetite to ete, and suffreth no drie ayer to entre, yet it troubleth the eyen and maketh the hede hote therfore it ys not good to ete garlyk The Pestilence groweth often times of an hote cause, therfore alle metes the more they be of light digestion : so moche they be the better. In the morning ete boylled mete, at euyn rosted, forbere broth and potage withoute they be eygre In the time of this sekenesse of Pestilence eygre metes be moche better than other metes, Also forbere alle frutes but if they be eygre, as cheryes or pomrgarnates or a litall of a pere or a lytill of apple by waye of Medicine by cause all frute


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 riorgani it is in thapothicary shoppes wormwode, rewe, nugwort (and) of the tree of aloes whiche is beste but it is dere, Suche a sume taken by the mouthe (and) eerye openeth thynward partes of the body. Also it is teschewe all grete replecyons by cause full bodyes be lightly infecte As auycenne sayth in the fourth canon They that chargen their bodyes with replecciō shorten their lyff. Also comyn bathys are to be eschewed, for a lital crust corrupteth al the body. Therfore the people as moch as is possible is to be eschewed, lest of īfect brethys som man be inect; But whan the multitude of peple may not be eschewed, thenne use the remedyes folowyng. In the mornyng whan ye ryse, whesshe a lytil rewe (and) one or two fylberd nottes clene with salte (and) ete them and yf that can not be had than ete brede or a tofte soppyd in vynegre namely in troubelous (and) cloudy wedyr. Also in the tyme of pestilence it is better to abyde within the house, for it is not holsom to goo in to the Cyte or toune, Also lette your hous be sprenklyd specially ??sdmer with vynegre and roses and with the leuys of vyn


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 tree : Also it is gode to wasshe your handys ofte times in the daye with water and vynegre and wipe your face with your handys (and) smelle to them Also it is gode alwaye to sauour aygre thynges. In the mount of Pessulane I might not eschewe the company of people for I wente fro hous to hous by cause of my pouerte to cure seke folkes : therfore brede or a sponge sopped in uynegre I toke with me holdyng it to my mouthe and nose be cause all egre thynges stoppen the wayes of humours, and suffreth no venemous things to entre in to a mannys body (and) so I escaped the pestilence my felowes supposing that I sholde not lyue, These forsayd thīges I haue (pr)ued by my selfe

Here foloweth the comfortes of the herte & of the principall membres

¶ The comfortes of the herte be these, saffron Camfex Planteyn with other herbes, they opyn the inward spyrite and these be bode emōg the comyn people where lightly it happeth that one is infect of another, therfor beware the


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 enduceth putrifaction. Ete conuenient spyces as gynger cynamum comyn macis (and)saffron : These be the best sause that may be made for riche people, For poure Take rewe sage fil bertes nuttes percelly with uynegre mynst to gyder These be gode (and) letteth putrifaction, To be mery in the herte is a grete remedie for helth of the body. Therfore in time of this grete infirmite beware ye drede not deth But lyue merely and hope to lyve longe

¶ Letting of blode ones in the moneth may be made but aage or other thinges for forbede hit as pilgryms or feble persones which haue the flixe, suffre to be lette blode in the vayne called Basilica on the ryght or lyfte side, before eting and after incision of the Basilica be mery and drynke wyne or ale or bire temperately, slepe not that daye whan Basilica is cut yf ye fele you greued to be infecte than eschew sleep (and) be walkīg (and) moeuīg For by slepe thinward hete īduced poysō to the hert (and) to other special mēbres so that vnethe ony herbe may take a way suche poysō whiche sholde bot be if a mā wolde be moeuīg to (and) fro But sōme wold axe wherfore sholde slepe be


text:
Page:Holy Bible Translated from the Latin Vol 1.pdf/15

 speech: for I have slain a man to the wounding of myself, and a stripling to my own bruising.

Seven-fold vengeance shall be taken for Cain: but for Lamech seven times seven-fold.

Adam also knew his wife again: and she brought forth a son, and called his name Seth, saying: God hath given me another seed for Abel, whom Cain slew.

But to Seth also was born a son, whom he called Enos, this man began to call upon the name of the Lord.

''The genealogy, age, and death of the Patriarchs, from Adam to Noe. The translation of Henoch.''

HIS is the book of the generation of Adam. In the day that God created man, he made him to the likeness of God.

He created them male and female; and blessed them: and called their name Adam, in the day when they were created.

And Adam lived a hundred and thirty years; and begot a son to his own image and likeness, and called his name Seth.

And the days of Adam, after he begot Seth, were eight hundred years: and he begot sons and daughters.

And all the time that Adam lived, came to nine hundred and thirty years, and he died.

Seth also lived a hundred and five years, and begot Enos.

And Seth lived after he begot Enos, eight hundred and seven years, and begot sons and daughters.

And all the days of Seth were nine hundred and twelve years, and he died.

And Enos lived ninety years, and begot Cainan.

After whose birth he lived eight hundred and fifteen years, and begot sons and daughters,

And all the days of


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 eschewed. I say shortly that ī pestilence time anon after mete yf a body that list to slepe, thenne suche a lust ought to be forborne by a space walkyng in the gardyns or feldys, and thenne make a naturall slepe by the space of an houre after mete : and therfore Auycenne wreteth that if a man wolde slepe he must drinke a gode draught of ale or wyne afore, by cause a man beying a slepe draweth many humours (and) the euyl humours be putte doun by thumours of a gode draughte But somme wolde vnderstonde how may a mā fele whan he is infecte. I saye that a man whiche is infecte, that day eteth not moche mete. For he is replenyssed with euill humours (and) forthwith after dyner he hath luste to slepe (and) feleth grete hete under colde ; also he hath grete payne in the forhede, but alle these thinges he maye putte awaye by moeuyng of a space hyder and thider to ryde or to walke he may


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128

Y this time (my Friend!) you may possibly, I hope, be satisfy'd, that as I am in earnest in defending Raillery, so I can be sober too in the Use of it. 'Tis in reality a serious Study, to learn to temper and regulate that Humour which Nature has given us, as a more lenitive Remedy against Vice, and a kind of Specifick against Superstition and melancholy Delusion. There is a great difference between seeking how to raise a Laugh from every thing; and seeking, in every thing, what justly maybe laugh'd at. For nothing is ridiculous except what is deform'd: Nor is any thing proof against Raillery, except what is handsom and just. And therefore 'tis the hardest thing in the World, to deny fair the use of this Weapon, which can never bear an Edge against her-self, and bears against every thing contrary. Rh


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 meal, and the first to show fight to a dog or cock intruding upon his family, this fine fellow, and pillar of the state, was now in a sad predicament, yet quacking very stoutly. For the brook, where with he had been familiar from his callow childhood, and wherein he was wont to quest for water-newts, and tadpoles, and caddis-worms, and other game, this brook which afforded him very often scanty space to dabble in, and sometimes starved the cresses, was now coming down in a great brown flood, as if the banks never belonged to it. The foaming of it, and the noise, and the cresting of the corners, and the up and down, like a wave of the sea, were enough to frighten any duck, though bred upon stormy waters, which our ducks never had been.

There is always a hurdle six feet long and four-and-a-half in depth, swung by a chain at either end from an oak laid across the channel. And the use of this hurdle is to keep our kine at milking-time from straying away there drinking (for in truth they are very dainty) and to fence strange cattle, or Farmer Snowe's horses, from coming along the bed of the brook unknown, to steal our substance. But now this hurdle, which hung in the summer a foot above the trickle, would have been dipped more than two feet deep but for the power against it. For the torrent came down so vehemently that the chains at full stretch were creaking, and the hurdle buffeted almost flat, and thatched (so to say) with the drift-stuff, was going see-saw with a sulky splash on the dirty red comb of the waters. But saddest to see was between two bars, where a fog was


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 not for sleuthe of the body and the weyghte of the same, Also a man the whiche is infecte hath lust to slepe euery houe of the daye and night. For the venym beyng within the body troubleth the spiryte of lyff soo that allewaye he wolde reste and slepe And so of these tokenes a man schall knowe and fele him selfe infecte And yf a body wille not beleue thys A byde the middes of the daye and than anon he schalle fele a swellyng under the arme or aboute the share of aboute the eerys and therfore see an hye and a gode medycyne, forpere sleepe be cause of tho thynges afore sayde and reherced And it is playne that the spyryte of lyfe resteth in slepe and all the body here and there is venymed, Alle these thynges I have (pr)ued by my selfe These thinges knowen whan a man feleth hym selfe infecte as sone as he may lette him be lette blode plenteously tyl he be swoune thenne stoppe the vayne. For a lytill letting of blode moeueth or styreth venym And yf it be so that a mā wille not haue many vaynes cutte to gyder, then lett hym suffre the vayne cutt to rēne til the blode withdrawe


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 of rushes, and flood-wood, and wild-celery haulm, and dead crowsfoot, who but our venerable mallard jammed in by the joint of his shoulder, speaking aloud as he rose and fell, with his top-knot full of water, unable to comprehend it, with his tail washed far away from him, but often compelled to be silent, being ducked very harshly against his will by the choking fall-to of the hurdle.

For a moment I could not help laughing, because, being borne up high and dry by a tumult of the torrent, he gave me a look from his one little eye (having lost one in fight with the turkey-cock), a gaze of appealing sorrow, and then a loud quack to second it. But the quack came out of time, I suppose, for his throat got filled with water, as the hurdle carried him back again. And then there was scarcely the screw of his tail to be seen until he swung up again, and left small doubt by the way he sputtered, and failed to quack, and hung down his poor crest, but what he must drown in another minute, and frogs triumph over his body.

Annie was crying and wringing her hands, and I was about to rush into the water, although I liked not the look of it, but hoped to hold on by the hurdle, when a man on horseback came suddenly round the corner of the great ash-hedge on the other side of the stream, and his horse's feet were in the water.

"Ho, there," he cried; "get thee back, boy. The flood will carry thee down like a straw. I will do it for thee, and no trouble."


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 For a lytill bledyng meueth strongely the venym as it ys sayd afore. Also a man whether he be infect or not yf he be lette blode. let hym forbere slepe al that daye tyl midnyghte folowyng. and alwaye lette blode that veyne vpon that syde of the body where the swelling appereth Therfore yf a swelling appere vnder the right arme lette blode in the middes of the same arme in the vayne called Medyana, yf it appere under the lyft arme lette hym blode ī the myddes of the same or in the vayne of the lyuer whiche ys aboue that lityl fyngre. and yf it be aboute the share, lete him blode aboute the hele vpon the same side, yf the swellyng be in the necke, lette hym blode in the vayne called Cephalica aboute the thombe in the hande of the same syde. or in the vayne the whiche is called Medyana of the same arme, or in the hand of the same syde aboute the lytill fyngre And ouermore yf the swellyng appere aboute the eeze lette hym blode in the vayne called Cephalica of the same syde Or in the vayne whych ys betwene the longe fyngre and the thombe, lest many venemouses thynges goo


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 on the Heireen Gracht. That will give us three quarter-guilders if you make good trade; and as it's right hungry weather, you may buy four waffles. We'll keep the Feast of Saint Nicholas after all."

Gretel clapped her hands. "That will be fine! Annie Bouman told me what grand times they will have in the big houses to-night. But we will be merry too. Hans will have beautiful new skates,—and then there'll be the waffles! Oh-h! Don't break them, brother Hans. Wrap them well, and button them under your jacket very carefully."

"Certainly," replied Hans quite gruff with pleasure and importance.

"Oh! mother!" cried Gretel in high glee, "soon you will be busied with the father, and now you are only knitting. Do tell us all about Saint Nicholas!"

Dame Brinker laughed to see Hans hang up his hat and prepare to listen. "Nonsense, children," she said, "I have told it to you often."

"Tell us again! oh, do tell us again!" cried Gretel, throwing herself upon the wonderful wooden bench that her brother had made on the mother's last birthday. Hans, not wishing to appear childish, and yet quite willing to hear the story, stood carelessly swinging his skates against the fire-place.

"Well, children, you shall hear it, but we must never waste the daylight again in this way. Pick up your ball, Gretel, and let your sock grow as I talk. Opening your ears needn't shut your fingers. Saint Nicholas, you must know, is a wonderful saint. He keeps his eye


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Page:A litil boke the whiche traytied and reherced many gode thinges necessaries for the infirmite a grete sekeness called Pestilence.djvu/59

 into the brayne, or lett blode the vayne whyche is aboute the lytil fyngre that ys named by the phisicions basilica And if a swellyng appere in the sholdres lette it with ventosite and first lesse the vayne called Mediana, y̒f the swelling be on the backe, lesse it apon the vayne called pedica magna (and) all these thīges be made yf a man slepe not before the knowleche of the swellyng But and yf he fele suche swelling after slepe, thenne on the contrarie parte the lettyng of blode must be made, As yf the swelling appere in the right arme lette him blode in the lifte arme in ??pate or basilica or mediana And yf a swellyng appere vnder the lyfte arme, lette him blode in the right arme in lyke wise as yt is sayd of the lyfte arme And so of other places of the body, lete blode on the contrarye parte of such swellyng And if the lettyng of blode be verray litill and feble then lette the pacyent slepe after the myddes of the daye and alwaye in the middes of the daye he must be in contiuell meuyng ridyng or goyny moderatly : And afterward yf the swellyng growe lette hym not be aferde of dethe by


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 cause suche a swellyng putteth oute alle euyll and maketh a man verray hole And that the soner a swellyng may be made rype, take this medicyne as foloweth: Brose the leuys of an Elder tree & putte therto grounde mustard, & make a playster therof and putte it vpon the swellyng: Somme surgeons wille put Tryacle vpon the swelling, but doo not so for triacle putteth out venym Therfore drynke Tryacle for that putteth oute the same. Also ther is another medicyne Take sengrene hylwort otherwyse called wilde tyme maudelyn grasse plantyn and a lityl rye floure and bresre all these to gider tyl ye see water come oute therof Medill that water with womans milke & gyue it to the pacient fasting before slepe & it wille werke to better for to remeue the swellyng: Also for the swellyng whan hit apꝑed Take filberd nottes fygges & rewe, Bruse them to gyder & laye it vpon the swelling

¶ These remedyes be sufficient to eschewe thys grete sekenesse with the helpe of god To whom be eu̾lastastyng laude & praysing world with outen ende


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 open for the good of sailors, but he cares most of all for boys and girls. Well, once upon a time, when he was living on the earth, a merchant of Asia sent his three sons to a great city, called Athens, to get learning."

"Is Athens in Holland, mother?" asked Gretel.

"I don't know, child. Probably it is."

"Oh, no, mother," said Hans, respectfully. "I had that in my geography lessons long ago. Athens is in Greece."

"Well," resumed the mother, "what matter? Greece may belong to the King, for aught we know. Any-how, this rich merchant sent his sous to Athens. While they were on their way, they stopped one night at a shabby inn, meaning to take up their journey in the morning. Well, they had very fine clothes,—velvet and silk, it may be, such as rich folks' children, all over the world, think nothing of wearing—and their belts, likewise, were full of money. What did the wicked landlord do, but contrive a plan to kill the children, and take their money and all their beautiful clothes himself. So that night, when all the world was asleep he got up and killed the three young gentlemen."

Gretel clasped her hands and shuddered, but Hans tried to look as if killing and murder were every-day matters to him.

"That was not the worst of it," continued Dame Brinker, knitting slowly, and trying to keep count of her stitches as she talked, "that was not near the worst of it. The dreadful landlord went and cut up the young gentlemen's bodies into little pieces, and threw them into a great tub of brine, intending to sell them for pickled pork!"


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 Park District proceeded with its plan and reduced Wildflower Works to less than half its original size. The elliptical borders became rectilinear, weeds were removed, surviving wildflowers were replanted in the smaller-scale garden, and some new planting material was added. Dedmon sent a letter of protest to the Park District.

Kelley then sued the Park District for violating his moral rights under VARA. He claimed that Wildflower Works was both a painting and a sculpture and therefore a “work of visual art” under VARA, and that the Park District’s reconfiguration of it was an intentional “distortion, mutilation, or other modification” of his work and was “prejudicial to his … honor or reputation.” See 17 U.S.C. § 106A(a)(3)(A). He also alleged breach of contract; he claimed that Commissioner Burroughs’s remark created an implied contract that the Park District had breached when it altered Wildflower Works without providing reasonable notice. On the VARA claim Kelley sought compensation for the moral-rights violation, statutory damages, and attorney’s fees; on the contract claim he sought the fair-market value of the planting material removed in the reconfiguration. He later quantified his damages, estimating the value of the plants at $1.5 million and requesting a staggering $25 million for the VARA violation.

The case proceeded to a bench trial, and the district court entered judgment for the Park District on the VARA claim and for Kelley on the contract claim. See ''Kelley v. Chi. Park Dist.'', No. 04 C 07715, 2008 WL 4449886 (N.D.Ill. Sept. 29, 2008). The judge first concluded that Wildflower Works could be classified as both a painting and a sculpture and therefore qualified as a work of visual art under VARA. Id. at *4–5. But he also held that Wildflower Works was insufficiently original for copyright, a prerequisite to moral-rights protection under VARA. Id. at *6. Alternatively, the judge concluded that Wildflower Works was site-specific art, and following the First Circuit’s decision in Phillips, held that VARA did not apply to this category of art. Id. at *6–7. On the contract claim the court construed the Chicago Park District Act, 70 1505/7.01, to permit individual commissioners to enter into binding contracts on the Park District’s behalf. Id. at *7–8. The judge found that Commissioner Burroughs’s statement—“You’re still there, aren’t you? That’s all you need to do.”—created an implied contract that the Park District had breached by failing to give Kelley reasonable notice before altering Wildflower Works. Id. But the judge also concluded that Kelley had failed to prove damages to a reasonable certainty and awarded $1 in nominal damages. Id. at *9.

Kelley appealed, challenging the adverse judgment on the VARA claim and the district court’s treatment of the damages issue on the contract claim. The Park District cross-appealed from the judgment on the contract claim.

This case comes to us from a judgment entered after a bench trial; we review the district court’s factual findings for clear error and its conclusions of law de novo. Spurgin-Dienst v. United States, 359 F.3d 451, 453 (7th Cir.2004). In this circuit, questions of copyright


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   of tears which he ought to be able to control. In the story in question Captain Brassbound has nourished through his whole erratic existence, racketting about all the unsavoury parts of Africa—a mission of private punishment which appears to him as a mission of holy justice. His mother has died in consequence of a judge's decision, and Brassbound roams and schemes until the judge falls into his hands. Then a pleasant society lady, Lady Cicely Waynefleet tells him in an easy conversational undertone—a rivulet of speech which ripples while she is mending his coat—that he is making a fool of himself, that his wrong is irrelevant, that his vengeance is objectless, that he would be much better if he flung his morbid fancy away for ever; in short, she tells him he is ruining himself for the sake of ruining a total stranger. Here again we have the note of the economist, the hatred of mere loss. Shaw (one might almost say) dislikes murder, not so much because it wastes the life of the corpse as because it wastes the time of the murderer. If he were endeavouring to persuade one of his moonlighting fellow-countrymen not to shoot his landlord, I can imagine him explaining with benevolent emphasis that it was not so much


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   a question of losing a life as of throwing away a bullet. But indeed the Irish comparison alone suggests a doubt which wriggles in the recesses of my mind about the complete reliability of the philosophy of Lady Cicely Waynefleet, the complete finality of the moral of Captain Brassbound's Conversion. Of course, it was very natural in an aristocrat like Lady Cicely Waynefleet to wish to let sleeping dogs lie, especially those whom Mr. Blatchford calls under-dogs. Of course it was natural for her to wish everything to be smooth and sweet-tempered. But I have the obstinate question in the corner of my brain, whether if a few Captain Brassbounds did revenge themselves on judges, the quality of our judges might not materially improve.

When this doubt is once off one's conscience one can lose oneself in the bottomless beatitude of Lady Cicely Waynefleet, one of the most living and laughing things that her maker has made. I do not know any stronger way of stating the beauty of the character than by saying that it was written specially for Ellen Terry, and that it is, with Beatrice, one of the very few characters in which the dramatist can claim some part of her triumph.

We may now pass to the more important


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 were nine hundred and five years, and he died.

And Cainan lived seventy years, and begot Malaleel.

And Cainan lived after he begot Malaleel, eight hundred and forty years, and begot sons and daughters.

And all the days of Cainan were nine hundred and ten years, and he died.

And Malaleel lived sixty five years, and begot Jared.

And Malaleel lived after he begot Jared, eight hundred and thirty years, and begot sons and daughters.

And all the days of Malaleel were eight hundred and ninety five years, and he died.

And Jared lived a hundred and sixty two years, and begot Henoch.

And Jared lived after he begot Henoch eight hundred years, and begot sons and daughters.

And all the days of Jared were nine hundred and sixty two years, and he died.

And Henoch lived sixty five years, and begot Mathusala.

And Henoch walked with God: and lived after he begot Mathusala, three hundred years, and begot sons and daughters.

And all the days of Henoch were three hundred and sixty five years.

And he walked with God, and was seen no more: because God took him.

And Mathusala lived a hundred and eighty seven years, and begot Lamech.

And Mathusala lived after he begot Lamech, seven hundred and eighty two years, and begot sons and daughters.

And all the days of Mathusala were nine hundred and sixty nine years, and he died.

And Lamech lived a hundred and eighty two years, and begot a son.

And he called his name Noe, saying: This same shall comfort us from the works and labours of our hands on the earth, which the Lord hath cursed.

And Lamech lived after he begot Noe, five hundred and ninety five years, and begot sons and daughters.

And all the days of Lamech came to seven hundred and seventy seven years, and he died. And Noe, when he was five hundred years old, begot Sem, Cham, and Japheth.

''Mans sin is the cause of the deluge. Noe is commanded to build the ark.''

ND after that men began to be multiplied upon the earth, and daughters were born to them.


text: Socialism Made Easy/Advertisements

title: Socialism Made Easy/Advertisements


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104 this Common Sense of the Poet, by a Greek Derivation, to signify Sense of Publick Weal, and of the Common Interest; Love of the Community or Society, natural Affection, Humanity, Qbligingness, or that sort of Civility which rises from a just Sense of the common Rights of Mankind, and the natural Equality there is among those of the same Species.

indeed if we consider the thing nicely, it must seem somewhat hard in the Poet, to have deny'd Wit or Ability to a Court such as Rh


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FLEXIBLE RESPONSE The decision to commit divisions and separate brigades to Vietnam triggered a debate within the administration about the means of expanding the Army to maintain the strategic force. Proposals ranged from calling up the reserves to increasing the draft. On 28 July, however, President Johnson rejected use of the reserves and announced that the Army would base its expansion on volunteers and draftees. Shortly thereafter, Secretary of Defense McNamara disclosed that one infantry division and three infantry brigades would be added to the Regular Army in fiscal year 1966 (between 1 July 1965 and 30 June 1966).

Expansion of the Army began in September 1965, when the First U.S. Army organized the 196th Infantry Brigade. The 2d Brigade, 5th Infantry Division, less its personnel, moved to Fort Carson, Colorado, where it was refilled, and the remaining men at Fort Devens became the cadre for the 196th Infantry Brigade. The 196th eventually consisted of three infantry battalions and the brigade base, a reconnaissance troop, an engineer company, a support battalion, and a field artillery battalion. Recruits were assigned to the brigade under a "train and retain" program, which lessened the impact of limited mobilization on the training base.

The brigade's infantry battalions used a new light structure designed for counterinsurgency warfare. Each battalion consisted of a headquarters and headquarters company, three rifle companies, and a combat support company. The latter organization, similar to that in the airmobile infantry battalion, had mortar, reconnaissance, and antitank platoons. These light battalions fielded about half the number of vehicles assigned to a standard infantry battalion, and the riflemen carried M14 rifles.

The Fifth U.S, Army activated the 9th Infantry Division, the second unit in the expansion program, at Fort Riley, Kansas, on 1 February 1966, also employing the "train and retain" concept. Filled in three increments, the division included one mechanized infantry battalion and eight infantry battalions. By the end of July the division had graduated the last cycle of basic trainees, and it was expected to be combat ready by the end of the year.

While organizing the 9th Infantry Division, the Army decided to use it as a part of the Mobile Afloat (Riverine) Force in Vietnam, Brig, Gen. William E. DePuy, who was serving on Westmoreland's staff, had developed the idea of a joint Army-Navy force for use in Vietnam's Mekong River Delta. Army units were to include a brigade-size element that would live and move on ships and work with two brigade-shore contingents. Learning of the riverine mission, Maj. Gen. George S. Eckhardt, the 9th Division's commander, requested permission to mechanize one infantry battalion, which would allow him to have one brigade (three infantry battalions) aboard naval ships and two brigades (one mechanized infantry and two infantry battalions each) operating from land bases. The Army Staff in Washington agreed, and Eckhardt organized the second mechanized infantry battalion in October. To take advantage of the dry season in Vietnam, the division began departing Fort Riley at the end of 1966 and by February 1967 elements of the "Old Reliables" took part in the first U.S, Army-Navy riverine operation of the war.


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272 lobed. Lateral buds, directed outwards at an angle of 45°, small, ovoid, pubescent; frequently two superposed. Pith dark brown, with narrow chambers. (A. H.)

According to Sargent, it occurs in rich moist soil near the banks of streams and on low rocky hills from southern New Brunswick and the valley of the Saint Lawrence in Ontario to eastern Dakota, south-eastern Nebraska, central Kansas, and northern Arkansas, and on the Appalachian Mountains to northern Georgia and northern Alabama; most abundant and of its largest size northward. The grey walnut or butternut, as it is commonly called, is a common tree over the same region as that which produces the black walnut, but never attains the same size, and, as a rule, unless drawn up in the forest is a much more spreading and less valuable tree. It does not in New England usually exceed 30 to 50 feet in height, with a trunk 1 to 4 feet in diameter, but sometimes in the rich forests of the Wabash valley attains greater dimensions. Ridgway says, ''loc. cit.'' 76, that two trees felled in the "Timber Settlement," Wabash county, measured 97 feet and 117 feet in length, with clear trunks 50 feet and 32 feet long, and 1 foot 10 inches in diameter. Pinchot and Ashe, ''loc. cit.'' 82, say that in North Carolina it is nowhere common, but in cool rich mountain valleys it attains 70 feet high with a diameter of 3 feet. In New England Emerson, ''loc. cit.'' 210, mentions a tree in Richmond, Mass., which was 13 feet 3 inches in girth at the smallest place below the branches. I never saw any such trees as these; and near Ottawa, where the tree is approaching its northern limit of distribution, it was a small branchy tree bearing little fruit.

The butternut was first described by Parkinson, and was apparently introduced into England at the same time as the black walnut, i.e. sometime before 1656, as it is probably one of the species mentioned by Tradescant as growing in his garden. Loudon states that it was introduced into cultivation by the Duchess of Bedford in 1699; but the tree referred to by him was Carya alba.

Though it must have been planted in many places in this country the butternut seems to be now a very scarce tree. The only one I have seen of any size grows in the grounds of Mr. C.S. Dickens at Coolhurst, near Horsham, and was in 1902 52 feet high and 4 feet 2 inches in girth. This produced fruit in 1900 from which I raised two seedlings, one of which is now growing at Colesborne. I noticed that the roots of these seedlings instead of being long, fusiform, and free from rootlets, as in J. regia and J. nigra, formed a thick, fibrous mass, which made the tree


text:
Tullochgorum (Glasgow)

.

title: Tullochgorum (Glasgow)


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274 butternut, which gives a fawn colour. The young half-grown nuts make excellent pickles if gathered early in June, but the ripe nuts, though eaten by boys and Indians, are oily and soon become acrid.

According to L.B. Case, who wrote an interesting article on this tree, if an incision is made in the trunk early in spring before the unfolding of the leaves, it yields a rich saccharine sap, nearly if not quite equal to that obtained from the sugar maple. The medicinal uses of the bark are fully explained in Bentley and Trimen's work cited above.

The typical form, with small leaflets, which has been introduced into cultivation in Europe, is a shrub or small tree; bark of young trunks smooth, pale, whitish, becoming in older trees deeply furrowed and scaly. Leaflets, seven to fifteen or more, small, one to three inches long, sub-sessile, ovate or lanceolate, never oblong, apex acuminate, base rounded and unequal-sided, crenulate-serrate and non-ciliate in margin; upper surface with scattered minute pubescence; lower surface green with scattered minute brown hairs and axil tufts. Rachis with numerous sessile yellow glands and glandular hairs. Young shoots with numerous sessile yellow glands, interspersed with glandular hairs and obcordate leaf-scars, which are notched above. Older shoots shortly pubescent.

Flowers: staminate, catkins slender, two to four inches long, scales three- to five-lobed, with ovate-lanceolate tomentose bracts; stamens twenty. Pistillate flowers few in a spike, tomentose, involucre irregularly divided into a laciniate border, slightly shorter than the ovate acute calyx-lobes.

Fruit: globose or rarely oblong, very variable in size, ½ to 1½ inch in diameter; husk glabrate or coated with rufous hairs; nut globose without ridges, often compressed at the ends, dark brown or black, grooved with longitudinal simple or forked grooves, four-celled at the base, two-celled at the apex.

Var. major, Torrey, Sitgreave's Report, 171, t. 16 (1853): usually a tree, attaining 50 feet in height with a trunk 15 feet in girth. In this form the leaflets are large, reaching 6 inches in length; the fruit is also larger. It would appear that this variety is the western form, the typical form being characteristic of the eastern part of the area of distribution of the species.


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 are issues of law subject to independent review. Schrock v. Learning Curve Int’l, Inc., 586 F.3d 513, 517 (7th Cir.2009).

A. Kelley’s Moral-Rights Claim Under the Visual Artists Rights Act of 1990

 * 1. A brief history of moral rights

That artists have certain “moral rights” in their work is a doctrine long recognized in civil-law countries but only recently imported into the United States. Moral rights are generally grouped into two categories: rights of attribution and rights of integrity. “Rights of attribution” generally include the artist’s right to be recognized as the author of his work, to publish anonymously and pseudonymously, to prevent attribution of his name to works he did not create, and to prevent his work from being attributed to other artists. Carter v. Helmsley-Spear, Inc., 71 F.3d 77, 81 (2d Cir.1995) (citing, 419–20 (1989)). “Rights of integrity” include the artist’s right to prevent the modification, mutilation, or distortion of his work, and in some cases (if the work is of recognized stature), to prevent its destruction. Id. at 81–82 (citing at 420–21).

Originating in nineteenth-century France, moral rights—le droit moral —are understood as rights inhering in the artist’s personality, transcending property and contract rights and existing independently of the artist’s economic interest in his work. See 3, § 8D.01[A] (2010); 5 ,  §§ 16:1, 16:3 (2010); John Henry Merryman, The Refrigerator of Bernard Buffet, 27  1023, 1023–28 (1976). American copyright law, on the other hand, protects the economic interests of artists; Article I of the Constitution authorizes Congress “To Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” art. 1, § 8, cl. 8. Unlike other intellectual-property rights, moral rights are unrelated to the artist’s pecuniary interests and are grounded in philosophical ideas about the intrinsic nature and cultural value of art rather than natural-property or utility justifications. See Carter, 71 F.3d at 81 (describing moral rights as “rights of a spiritual, non-economic and personal nature [that] … spring from a belief that an artist in the process of creation injects his spirit into the work and that the artist’s personality, as well as the integrity of the work, should therefore be protected and preserved”). VARA introduced a limited version of this European doctrine into American law, but it is not an easy fit.


text: Tullochgorum (Glasgow)/Tullochgorum

title: Tullochgorum (Glasgow)/Tullochgorum


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276

A tree attaining 60 feet in height and 5 feet in girth. Bark dark ashy in colour, furrowed in old trees. Judging from herbarium specimens, as I have not been able to examine living trees in England, this species differs little in character of leaves and branchlets from Juglans Sieboldiana. Maximowicz, who observed both species growing wild, states that he was unable to find any good distinctions between the two species except in the characters of the nut.

The fruit occurs in short racemes, six to thirteen in a cluster, and is globularovate to oblong, viscid, and stellate pubescent. The nut resembles that of Juglans cinerea, but is less sharply ridged, globose or ovate, rounded at the base, abruptly and shortly acuminate at the apex, eight-ribbed, with the intervals much wrinkled.

This species occurs in mountain woods in eastern Manchuria, between the Bureia range and the Sea of Japan, from lat. 50° to the Korean frontier. It is frequent along the river Amur in its lower part and on its tributaries. This species is also widely spread throughout Northern and Western China, where it is common in mountain woods at low altitudes, from Chihli through Hupeh and Szechwan to Yunnan. So far as I have seen it, both in Hupeh and Yunnan, it never makes a large tree, and rarely exceeds 4o feet in height, but Komarov informed us that in Mandshuria it attains 80 feet high by r9 to 20 in girth.

This plant was introduced into the Botanic Garden of St. Petersburg by Maximowicz from seeds sent from the Amur. A tree from seed planted in 1879 in the Arnold Arboretum bore fruit in 1883, which was large, more nearly spherical and less rough than the butternut, and of good flavour. The tree is described as being compact and handsome in habit, and likely to become of value as a fruit tree in the northern parts of the United States, where the common walnut cannot be grown successfully.

Specimens were sent to Dr. Masters in 1888 from a tree which had fruited in the nursery of Mr. J. van Volxem at Brussels, where the fruit ripens some weeks before that of the common walnut, and the tree seems less injured by spring frosts.


text: Tullochgorum (Glasgow)/Ca' the Ewes to the Knowes


text: Tullochgorum (Glasgow)/The Heath This Night Must Be My Bed


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278 the mountains. The wood, according to this author, is light, with little difference between the sapwood and heartwood, and when well seasoned does not warp or split, and on this account it is much esteemed for making gun-stocks. Sargent did not find this tree in Japan, and says that its peculiar nuts are considered by Japanese botanists to be merely extreme varieties of Juglans Sieboldiana. However, the species is kept up as distinct by Matsumura, and cultivated specimens at Kew of the two species can be readily distinguished.

Rehder states in 1903 that a tree in the Arnold Arboretum raised from seed of true Juglans cordiformis fruited some years ago. The fruits, however, did not show the characteristic form of this species, and he doubted whether the tree in question was true cordiformis, or only a variety of Sieboldiana with aberrant fruit.

Nuts were obtained in 1862 by Albrecht, physician to the Russian Consulate at Hakodate, which were sown in the Botanic Garden at St. Petersburg, and produced healthy plants, which were about four feet high, in 1872. Maximowicz also found the nuts in the market at Yokohama. Sargent, who found them offered for sale by the Nurserymen's Association of Yokohama, was informed that they were collected on the slopes of Fujisan.

The tree has been recently sent out by Continental nurserymen, and is hardy in this country. A specimen at Kew, which was raised in 1899 from seed procured from Harvard, is now about twenty feet high. The male catkins, which are produced freely and expand in May, give the tree a striking appearance, but the fruit has not yet matured.


text: Tullochgorum (Glasgow)/She’s Fair and Fause


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User talk:2600:1005:B192:920:CE0C:913E:F4E3:5565

Please use the text present in the scanned copy of the document. Do not add text that is not present in the original copy. --EncycloPetey (talk) 18:35, 27 February 2024 (UTC)


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280

A tree attaining 50 feet in height and 5 feet in girth.

Leaves with thirteen to fifteen leaflets, which are sub-opposite, oblong, acuminate at the apex, with base rounded and unequal, sub-sessile, the petiolule being less than ji, inch; serrations fine, shallow, and irregular, directed forwards, ciliate between the teeth; upper surface finely pubescent, with both single and tufted hairs; lower surface pale in colour, covered with numerous stellate hairs, denser close to the midrib on which there are glandular hairs; rachis with long brown glandular hairs and a few small glands near its base. Young shoots green, with long white glandular hairs and white sessile glands; lenticels at first white, becoming brown, conspicuous. Leaf-scars obcordate, three-lobed, deeply notched above, and with a transverse band of pubescence along the upper edge.

Flowers: staminate catkins very long, up to 12 inches, with bracts obtuse at the apex and very villous, scale five-lobed. Pistillate spikes, five to twenty flowered, the rachis and flowers covered with rufous tomentum.

Fruit in long racemes which are ten to twenty inches long; globose to ovateoblong, shortly acuminate at the apex, viscid and covered with stellate hairs. Nuts ovoid or globose, rounded at the base and acuminate at the apex, with thick winglike sutures, very slightly wrinkled and pitted, not ribbed, rather thick-shelled.

This species seems to be practically identical in leaves and shoots with Juglans mandshurica, and differs little in these respects from Juglans cordiformis, except that the leaflets of the latter are distinctly cordate at the base. All three species differ, however, remarkably in fruit, and must be kept distinct on that account. They belong to the section of walnuts with bearded leaf-scars, and are readily distinguished from Juglans cinerea, the other species of this group, by having the leaf-scars deeply notched above.

In winter the following characters are available:—Twigs stout, brown, glabrous except near the tip, where the pubescence of summer is retained. Leaf-scars large, on very slightly raised pulvini, obovate, two-lobed above; upper margin convex, with a central notch, and surmounted by a raised band of pubescence; bundle-dots in three groups. Terminal bud brownish, elongated, covered with a dense minute pubescence; outer pair of scales lobed at the apex. Lateral buds arising at an


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 On entering the apartment he had quitted the preceding evening, he found Father Ambrose alone, refreshments before him, and having inquired of the other his name and rank in life, he began to launch forth in the praise of a monastic life, as the only asylum from trouble and pain; that abstracted from the world, its hopes and fears, the holy Fathers fixed their thoughts on things above, where no cares or disappointments could attend their hopes or desires. He harangued so long, and so eloquently on the subject, that, had not the advice of Father Joseph guarded his mind from the fascination of the picture of contentment held to his view, it is more than probable that Ferdinand, under the impression of his present vexations, might have been induced to end his travels, and have fixed himself for life in that solitary mansion; but already pre-possessed, the avenues to his heart were closed, and the eloquence of the Superior was exerted in vain: He heard him, however, with complaisance, but alleged absolute necessity for his departure, as


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 an excuse for not embracing that plan of life so calculated to insure happiness. He added, 'that it was by no means improbable, but that he should return, and have the pleasure of visiting the community for a longer time, if he might hope for admission."

The zealous Father, eager to make a proselyte of a young Nobleman, greatly approved of his design, and assured him of a hearty welcome. Ferdinand felt half inclined to have mentioned Claudina, but not much pre-possessed in his favour, nor desirous of being then detained from visiting the solitary, who had permitted his return, he repressed the sentiment of confidence half rising to his lips, and rose to take leave, with grateful thanks for his hospitality. When conducted to the grate, he saw Father Joseph in company with some others; a general salute only passed between them, but their eyes spoke much cordiality towards each other.


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Rh so the Poet again (Sat. 4. v. 77.) uses the word SENSUS, speaking of those who without Sense of Manners, or common Society, without the least respect or deference to others, press rudely upon their Friends, and upon all Company in general, without regard to Time or Place, or any thing besides their selfish and brutish Humour: Haud illud quærentes, num sine SENSU, Tempore num faciant alieno., as old Lambin interprets it, tho without any other Explanation; referring only to the Sensus Communis of in that other Satir. Thus (Epist. 105.) Odium autem ex offensa sic vitabis, neminem lacessendo gratuito: a quo te SENSUS COMMUNIS tuebitur. And accordingly, Justitiæ partes sunt, non violare homines: Verecundiæ, non offendere. Lib. 1. de Off. It may be objected possibly by some, particularly vers’d in the Philosophy above-mention’d, that the, to which the seems to have relation, is of a different meaning. But they will consider withal how small the distinction was in that Philosophy, between the, and the vulgar ; how generally Passion was by those Philosophers brought under the Head of Opinion. And when they consider, besides this, the very Formation of the word upon the Model of the other femaliz’d Virtues, the, &c. they will no longer hesitate on this Interpretation.The Reader may perhaps by this Note see better why the Latin Title of Sensus Communis has been given to this second Treatise. He may observe, withal, how the same Poet uses the word Sensus, in Sat. 15. Hæc nostri pars optima Sensus. that of, even under a or a. But for Humanity or Sense of Publick Good, and the common Interest of Mankind, 'twas no such deep Satir to question whether this was properly the Spirit of a Court. 'Twas difficult to apprehend what Community subsisted among Courtiers; or what Publick between an absolute Prince and his Slave-Subjects. And for real Society, there cou'd be none be- Rh


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CHAP. XII.

now hastened to the Castle in the wood, and knowing the way, he pierced through its intricacies that to a stranger seemed impassable, and in much less time than he expected was at the gates. He hastily pulled the bell, which, to his infinite vexation, broke off in his hand; for having been so long useless, it had been eaten out with rust, moved with difficulty the preceding day, and now, by a second pull, snapped to pieces. Exceedingly disconcerted, he began to apprehend that he should gain no entrance; fortunately the solitary man,


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 who had expected him, being walking in the court, heard the faint sound, which the jarring of the wires occasioned, and instantly appeared at the little wicket. Ferdinand was agreeably surprised at his sudden appearance. "You see me returned (said he) anxious to cultivate your acquaintance, and in your conversation blunt the keen edge of my own calamities."

"Enter (said the solitary) I have expected you, curiosity is so strongly implanted in the mind of man that I scarcely doubted of your return." They passed through the first court, and walked round the wall of the second to a small postern door; on advancing towards it, he added, "Having once permitted you a free entrance, my confidence shall not be a partial one." He then opened the door which led to a handsome colonnade fronting the great gates that were boarded up, and excluded it from being seen in the outer court. They entered a large hall, round which run a gallery supported by pillars that led to the apartments above stairs; but the