text:
Page:Bostock v. Clayton County (2020).pdf/56

Rh The main issue in Price Waterhouse—the proper allocation of the burdens of proof in a so-called mixed motives Title VII case—is not relevant here, but the plurality opinion, endorsed by four Justices, commented on the issue of sex stereotypes. The plurality observed that “sex stereotypes do not inevitably prove that gender played a part in a particular employment decision” but “can certainly be evidence that gender played a part.” Id., at 251. And the plurality made it clear that “[t]he plaintiff must show that the employer actually relied on her gender in making its decision.” Ibid.

Plaintiffs who allege that they were treated unfavorably because of their sexual orientation or gender identity are not in the same position as the plaintiff in Price Waterhouse. In cases involving discrimination based on sexual orientation or gender identity, the grounds for the employer’s decision—that individuals should be sexually attracted only to persons of the opposite biological sex or should identify with their biological sex—apply equally to men and women. “[H]eterosexuality is not a female stereotype; it not a male stereotype; it is not a sex-specific stereotype at all.” Hively, 853 F. 3d, at 370 (Sykes, J., dissenting).

To be sure, there may be cases in which a gay, lesbian, or transgender individual can make a claim like the one in Price Waterhouse. That is, there may be cases where traits or behaviors that some people associate with gays, lesbians, or transgender individuals are tolerated or valued in persons of one biological sex but not the other. But that is a


text:
Page:Bostock v. Clayton County (2020).pdf/57

20 different matter.

A second prominent argument made in support of the result that the Court now reaches analogizes discrimination against gays and lesbians to discrimination against a person who is married to or has an intimate relationship with a person of a different race. Several lower court cases have held that discrimination on this ground violates Title VII. See, e.g., Holcomb v. Iona College, 521 F. 3d 130 (CA2 2008); Parr v. ''Woodmen of World Life Ins. Co.'', 791 F. 2d 888 (CA11 1986). And the logic of these decisions, it is argued, applies equally where an employee or applicant is treated unfavorably because he or she is married to, or has an intimate relationship with, a person of the same sex.

This argument totally ignores the historically rooted reason why discrimination on the basis of an interracial relationship constitutes race discrimination. And without taking history into account, it is not easy to see how the decisions in question fit the terms of Title VII.

Recall that Title VII makes it unlawful for an employer to discriminate against an individual “because of such individual’s race.” 42 U. S. C. §2000e–2(a) (emphasis added). So if an employer is happy to employ whites and blacks but will not employ any employee in an interracial relationship, how can it be said that the employer is discriminating against either whites or blacks “because of such individual’s race”? This employer would be applying the same rule to all its employees regardless of their race.

The answer is that this employer is discriminating on a ground that history tells us is a core form of race discrimination. “It would require absolute blindness to the history

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


text:
Page:Bostock v. Clayton County (2020).pdf/58

Rh of racial discrimination in this country not to understand what is at stake in such cases .... A prohibition on ‘racemixing’ was ... grounded in bigotry against a particular race and was an integral part of preserving the rigid hierarchical distinction that denominated members of the black race as inferior to whites.” 883 F. 3d, at 158–159 (Lynch, J., dissenting).

Discrimination because of sexual orientation is different. It cannot be regarded as a form of sex discrimination on the ground that applies in race cases since discrimination because of sexual orientation is not historically tied to a project that aims to subjugate either men or women. An employer who discriminates on this ground might be called “homophobic” or “transphobic,” but not sexist. See Wittmer v. Phillips 66 Co., 915 F. 3d 328, 338 (CA5 2019) (Ho, J., concurring).

The opinion of the Court intimates that the term “sex” was not universally understood in 1964 to refer just to the categories of male and female, see ante, at 5, and while the Court does not take up any alternative definition as a ground for its decision, I will say a word on this subject.

As previously noted, the definitions of “sex” in the unabridged dictionaries in use in the 1960s are reproduced in Appendix A, infra. Anyone who examines those definitions can see that the primary definition in every one of them refers to the division of living things into two groups, male and female, based on biology, and most of the definitions further down the list are the same or very similar. In addition, some definitions refer to heterosexual sex acts. See


text:
Page:Bostock v. Clayton County (2020).pdf/59

22 Random House Dictionary 1307 (“coitus,” “sexual intercourse” (defs. 5–6)); American Heritage Dictionary, at 1187 (“sexual intercourse” (def. 5)).

Aside from these, what is there? One definition, “to neck passionately,” Random House Dictionary 1307 (def. 8), refers to sexual conduct that is not necessarily heterosexual. But can it be seriously argued that one of the aims of Title VII is to outlaw employment discrimination against employees, whether heterosexual or homosexual, who engage in necking? And even if Title VII had that effect, that is not what is at issue in cases like those before us.

That brings us to the two remaining subsidiary definitions, both of which refer to sexual urges or instincts and their manifestations. See the fourth definition in the American Heritage Dictionary, at 1187 (“the sexual urge or instinct as it manifests itself in behavior”), and the fourth definition in both Webster’s Second and Third (“[p]henomena of sexual instincts and their manifestations,” Webster’s New International Dictionary, at 2296 (2d ed.); Webster’s Third New International Dictionary 2081 (1966)). Since both of these come after three prior definitions that refer to men and women, they are most naturally read to have the same association, and in any event, is it plausible that Title VII prohibits discrimination based on any sexual urge or instinct and its manifestations? The urge to rape?

Viewing all these definitions, the overwhelming impact is that discrimination because of “sex” was understood during the era when Title VII was enacted to refer to men and women. (The same is true of current definitions, which are reproduced in Appendix B, infra.) This no doubt explains why neither this Court nor any of the lower courts have tried to make much of the dictionary definitions of sex just


text:
Page:Bostock v. Clayton County (2020).pdf/60

Rh discussed.

So far, I have not looked beyond dictionary definitions of “sex,” but textualists like Justice Scalia do not confine their inquiry to the scrutiny of dictionaries. See Manning, Textualism and the Equity of the Statute, 101 Colum. L. Rev. 1, 109 (2001). Dictionary definitions are valuable because they are evidence of what people at the time of a statute’s enactment would have understood its words to mean. Ibid. But they are not the only source of relevant evidence, and what matters in the end is the answer to the question that the evidence is gathered to resolve: How would the terms of a statute have been understood by ordinary people at the time of enactment?

Justice Scalia was perfectly clear on this point. The words of a law, he insisted, “mean what they conveyed to reasonable people at the time.” Reading Law, at 16 (emphasis added).

Leading proponents of Justice Scalia’s school of textualism have expounded on this principle and explained that it is grounded on an understanding of the way language works. As Dean John F. Manning explains, “the meaning of language depends on the way a linguistic community uses words and phrases in context.” What Divides Textualists From Purposivists? 106 Colum. L. Rev. 70, 78 (2006). “[O]ne can make sense of others’ communications only by placing them in their appropriate social and linguistic context,” id., at 79–80, and this is no less true of statutes than any other verbal communications. “[S]tatutes convey meaning only because members of a relevant linguistic


text:
Page:Spherical Trigonometry (1914).djvu/42

24 $$ \begin{align} \cos a &= \cos b \cos c + \sin b \sin c \cos A, \\ \cos b &= \cos c \cos a + \sin c \sin a \cos B, \\ \cos c &= \cos a \cos b + \sin a \sin b \cos C. \dots (3) \end{align} $$

These may be considered as the fundamental equations of Spherical Trigonometry: we shall deduce various formulae from them.

45. To express the sine of an angle of a spherical triangle in terms of trigonometrical functions of the sides.

We have $$ \cos A = \frac {\cos a - \cos b \cos c} {\sin b \sin c} ; $$

therefore

$$ \begin{align} \sin^2 A &= 1 - \left( \frac {\cos a - \cos b \cos c} {\sin b \sin c} \right)^2 \\ &= \frac {(1 - \cos^2 b)(1-\cos^2 c) - (\cos a - \cos b \cos c)^2} {\sin^2 b \sin^2 c} \\ &= \frac {1 - \cos^2 a - \cos^2 b - \cos^2 c + 2 \cos a \cos b \cos c} {\sin^2 b \sin^2 c} ; \end{align} $$

therefore

$$ \sin A = \frac {\surd (1 - \cos^2 a - \cos^2 b - \cos^2 c + 2 \cos a \cos b \cos c)} {\sin b \sin c} \dots (4) $$

The radical on the right-hand side must be taken with the positive sign, because $$\sin b$$, $$\sin c$$, and $$\sin A$$ are all positive, owing to the restrictions of Arts. 22 and 23.


text:
Page:Bostock v. Clayton County (2020).pdf/61

24 community apply shared background conventions for understanding how particular words are used in particular contexts.” Manning, The Absurdity Doctrine, 116 Harv. L. Rev. 2387, 2457 (2003). Therefore, judges should ascribe to the words of a statute “what a reasonable person conversant with applicable social conventions would have understood them to be adopting.” Manning, 106 Colum. L. Rev., at 77. Or, to put the point in slightly different terms, a judge interpreting a statute should ask what one would ordinarily be understood as saying, given the circumstances in which one said it. Manning, 116 Harv. L. Rev., at 2397–2398.

Judge Frank Easterbrook has made the same points:

"“Words are arbitrary signs, having meaning only to the extent writers and readers share an understanding.... Language in general, and legislation in particular, is a social enterprise to which both speakers and listeners contribute, drawing on background understandings and the structure and circumstances of the utterance.” Herrmann v. Cencom Cable Assocs., Inc., 978 F. 2d 978, 982 (CA7 1992)."

Consequently, “[s]licing a statute into phrases while ignoring ... the setting of the enactment ... is a formula for disaster.” Ibid.; see also Continental Can Co. v. Chicago Truck Drivers, Helpers and Warehouse Workers Union (Independent) Pension Fund, 916 F. 2d 1154, 1157 (CA7 1990) (“You don’t have to be Ludwig Wittgenstein or Hans-Georg Gadamer to know that successful communication depends on meanings shared by interpretive communities”).

Thus, when textualism is properly understood, it calls for an examination of the social context in which a statute was enacted because this may have an important bearing on what its words were understood to mean at the time of enactment. Textualists do not read statutes as if they were messages picked up by a powerful radio telescope from a


text:
Page:Bostock v. Clayton County (2020).pdf/62

Rh distant and utterly unknown civilization. Statutes consist of communications between members of a particular linguistic community, one that existed in a particular place and at a particular time, and these communications must therefore be interpreted as they were understood by that community at that time.

For this reason, it is imperative to consider how Americans in 1964 would have understood Title VII’s prohibition of discrimination because of sex. To get a picture of this, we may imagine this scene. Suppose that, while Title VII was under consideration in Congress, a group of average Americans decided to read the text of the bill with the aim of writing or calling their representatives in Congress and conveying their approval or disapproval. What would these ordinary citizens have taken “discrimination because of sex” to mean? Would they have thought that this language prohibited discrimination because of sexual orientation or gender identity?

The answer could not be clearer. In 1964, ordinary Americans reading the text of Title VII would not have dreamed that discrimination because of sex meant discrimination because of sexual orientation, much less gender identity. The ordinary meaning of discrimination because of “sex” was discrimination because of a person’s biological sex, not sexual orientation or gender identity. The possibility that discrimination on either of these grounds might fit within some exotic understanding of sex discrimination would not have crossed their minds.

In 1964, the concept of prohibiting discrimination “because of sex” was no novelty. It was a familiar and well-understood concept, and what it meant was equal treatment for men and women.


text:
Page:Spherical Trigonometry (1914).djvu/43

§47]

46. From the value of $$\sin A$$ in the preceding Article it follows that $$ \frac {\sin A} {\sin a} = \frac {\sin B} {\sin b} = \frac {\sin C} {\sin c} \dots (5) $$ for each of these is equal to the same expression, namely, $$ \frac {\surd (1 - \cos^2 a - \cos^2 b - \cos^2 c + 2 \cos a \cos b \cos c)} {\sin a \sin b \sin c} \dots (6) $$

Thus the sines of the angles of a spherical triangle are proportional to the sines of the opposite sides. We shall give an independent proof of this proposition in the following Article.

47. The sines of the angles of a spherical triangle are proportional to the sines of the opposite sides.

Let $$ABC$$ be a spherical triangle, $$O$$ the centre of the sphere. Take any point $$P$$ in $$OA$$, draw $$PD$$ perpendicular to the plane $$BOC$$, and from $$D$$ draw $$DE$$, $$DF$$ perpendicular to $$OB$$, $$OC$$ respectively; join $$PE$$, $$PF$$, $$OD$$.

Since $$PD$$ is perpendicular to the plane $$BOC$$, it makes right angles with every straight line meeting it in that plane; hence $$ PE^2 = PD^2 + DE^2 = PO^2 - OD^2 + DE^2 = PO^2 - OE^2; $$


text: Buddenbrooks/Volume 1/Part 3/Chapter 2

title: Buddenbrooks/Volume 1/Part 3/Chapter 2


text: Buddenbrooks/Volume 1/Part 3/Chapter 3

title: Buddenbrooks/Volume 1/Part 3/Chapter 3


text: Buddenbrooks/Volume 1/Part 3/Chapter 4

title: Buddenbrooks/Volume 1/Part 3/Chapter 4


text: Buddenbrooks/Volume 1/Part 3/Chapter 5

title: Buddenbrooks/Volume 1/Part 3/Chapter 5


text: Buddenbrooks/Volume 1/Part 3/Chapter 6

title: Buddenbrooks/Volume 1/Part 3/Chapter 6


text: Buddenbrooks/Volume 1/Part 3/Chapter 7

title: Buddenbrooks/Volume 1/Part 3/Chapter 7


text: Page:The Harveian oration 1903.djvu/2

title: Page:The Harveian oration 1903.djvu/2


text: Page:The Harveian oration 1903.djvu/3

title: Page:The Harveian oration 1903.djvu/3


text: Page:The Harveian oration 1903.djvu/4

title: Page:The Harveian oration 1903.djvu/4


text: Buddenbrooks/Volume 1/Part 3/Chapter 8

title: Buddenbrooks/Volume 1/Part 3/Chapter 8


text:
Page:Bostock v. Clayton County (2020).pdf/63

26 Long before Title VII was adopted, many pioneering state and federal laws had used language substantively indistinguishable from Title VII’s critical phrase, “discrimination because of sex.” For example, the California Constitution of 1879 stipulated that no one, “on account of sex, [could] be disqualified from entering upon or pursuing any lawful business, vocation, or profession.” Art. XX, §18 (emphasis added). It also prohibited a student’s exclusion from any state university department “on account of sex.” Art. IX, §9; accord, Mont. Const., Art. XI, §9 (1889).

Wyoming’s first Constitution proclaimed broadly that “[b]oth male and female citizens of this state shall equally enjoy all civil, political and religious rights and privileges,” Art. VI, §1 (1890), and then provided specifically that “[I]n none of the public schools ... shall distinction or discrimination be made on account of sex,” Art. VII, §10 (emphasis added); see also §16 (the “university shall be equally open to students of both sexes”). Washington’s Constitution likewise required “ample provision for the education of all children ... without distinction or preference on account of ... sex.” Art. IX, §1 (1889) (emphasis added).

The Constitution of Utah, adopted in 1895, provided that the right to vote and hold public office “shall not be denied or abridged on account of sex.” Art. IV, §1 (emphasis added). And in the next sentence it made clear what “on account of sex” meant, stating that “[b]oth male and female citizens ... shall enjoy equally all civil, political and religious rights and privileges.” Ibid.

The most prominent example of a provision using this language was the Nineteenth Amendment, ratified in 1920, which bans the denial or abridgment of the right to vote “on account of sex.” U. S. Const., Amdt. 19. Similar language appeared in the proposal of the National Woman’s Party for an Equal Rights Amendment. As framed in 1921, this proposal forbade all “political, civil or legal disabilities or inequalities on account of sex, [o]r on account of marriage.”


text: Buddenbrooks/Volume 1/Part 3/Chapter 9

title: Buddenbrooks/Volume 1/Part 3/Chapter 9


text: Page:The Harveian oration 1903.djvu/6

title: Page:The Harveian oration 1903.djvu/6


text: Buddenbrooks/Volume 1/Part 3/Chapter 10

title: Buddenbrooks/Volume 1/Part 3/Chapter 10


text: Buddenbrooks/Volume 1/Part 3/Chapter 11

title: Buddenbrooks/Volume 1/Part 3/Chapter 11


text: Page:The Harveian oration 1903.djvu/8

title: Page:The Harveian oration 1903.djvu/8


text: Buddenbrooks/Volume 1/Part 3/Chapter 12

title: Buddenbrooks/Volume 1/Part 3/Chapter 12


text: Buddenbrooks/Volume 1/Part 3/Chapter 13

title: Buddenbrooks/Volume 1/Part 3/Chapter 13


text: Page:The Harveian oration 1903.djvu/9

title: Page:The Harveian oration 1903.djvu/9


text: Buddenbrooks/Volume 1/Part 3/Chapter 14

title: Buddenbrooks/Volume 1/Part 3/Chapter 14


text: Buddenbrooks/Volume 1/Part 3/Chapter 15

title: Buddenbrooks/Volume 1/Part 3/Chapter 15


text: Page:The Harveian oration 1903.djvu/7

title: Page:The Harveian oration 1903.djvu/7


text: Buddenbrooks/Volume 1/Part 4

title: Buddenbrooks/Volume 1/Part 4


text:
Page:Bostock v. Clayton County (2020).pdf/64

Rh Women Lawyers Meet: Representatives of 20 States Endorse Proposed Equal Rights Amendment, N. Y. Times, Sept. 16, 1921, p. 10.

Similar terms were used in the precursor to the Equal Pay Act. Introduced in 1944 by Congresswoman Winifred C. Stanley, it proclaimed that “[d]iscrimination against employees, in rates of compensation paid, on account of sex” was “contrary to the public interest.” H. R. 5056, 78th Cong., 2d Sess.

In 1952, the new Constitution for Puerto Rico, which was approved by Congress, 66 Stat. 327, prohibited all “discrimination ... on account of ... sex,” Art. II, Bill of Rights §1 (emphasis added), and in the landmark Immigration and Nationality Act of 1952, Congress outlawed discrimination in naturalization “because of ... sex.” 8 U. S. C. §1422 (emphasis added).

In 1958, the International Labour Organisation, a United Nations agency of which the United States is a member, recommended that nations bar employment discrimination “made on the basis of ... sex.” Convention (No. 111) Concerning Discrimination in Respect of Employment and Occupation, Art. 1(a), June 25, 1958, 362 U. N. T. S. 32 (emphasis added).

In 1961, President Kennedy ordered the Civil Service Commission to review and modify personnel policies “to assure that selection for any career position is hereinafter made solely on the basis of individual merit and fitness, without regard to sex.” He concurrently established a “Commission on the Status of Women” and directed it to recommend policies “for overcoming discriminations in government and private employment on the basis of sex.” Exec. Order No. 10980, 3 CFR 138 (1961 Supp.) (emphasis


text:
Page:Bostock v. Clayton County (2020).pdf/65

28 added).

In short, the concept of discrimination “because of,” “on account of,” or “on the basis of” sex was well understood. It was part of the campaign for equality that had been waged by women’s rights advocates for more than a century, and what it meant was equal treatment for men and women.

Discrimination “because of sex” was not understood as having anything to do with discrimination because of sexual orientation or transgender status. Any such notion would have clashed in spectacular fashion with the societal norms of the day.

For most 21st-century Americans, it is painful to be reminded of the way our society once treated gays and lesbians, but any honest effort to understand what the terms of Title VII were understood to mean when enacted must take into account the societal norms of that time. And the plain truth is that in 1964 homosexuality was thought to be a mental disorder, and homosexual conduct was regarded as morally culpable and worthy of punishment.


text: Buddenbrooks/Volume 1/Part 4/Chapter 1

title: Buddenbrooks/Volume 1/Part 4/Chapter 1


text:
Page:Spherical Trigonometry (1914).djvu/44

26 thus $$PEO$$ is a right angle. Therefore $$PE = OP \sin P \widehat O E = OP \sin c$$; and $$PD =PE \sin P \widehat E D =PE \sin B = OP \sin c \sin B$$.

Similarly, $$PD =OP \sin b \sin C$$; therefore $$OP \sin c \sin B = OP \sin b \sin C;$$

therefore $$\frac {\sin B} {\sin C} = \frac {\sin b} {\sin c}$$.

The figure supposes $$b$$, $$c$$, $$B$$, and $$C$$ each less than a right angle; it will be found on examination that the proof will hold when the figure is modified to meet any case which can occur. If, for instance, $$B$$ alone is greater than a right angle, the point $$D$$ will fall beyond $$OB$$ instead of between $$OB$$ and $$OC$$; then $$P \widehat E D$$ will be the supplement of $$B$$, and thus $$\sin PED$$ is still equal to $$\sin B$$.

48. To shew that $$\cot a \sin b =\cot A \sin C + \cos b \cos C$$.

We have $$ \begin{align} \cos a &= \cos b cos c + \sin b \sin c \cos A, \\ \cos c &= \cos a \cos b + \sin a \sin b \cos C, \\ \sin c &= \sin a \frac {\sin C} {\sin A}. \end{align} $$

Substitute the values of $$\cos c$$ and $$\sin c$$ in the first equation; thus $$ \cos a = (\cos a \cos b + \sin a \sin b \cos C) \cos b + \frac {\sin a \sin b \cos A \sin C} {\sin A} ; $$ by transposition $$ \cos a \sin^2 b = \sin a \sin b \cos b \cos C + \sin a \sin b \cot A \sin C ; $$ divide by $$\sin a \sin b$$; thus $$ \cot a \sin b = \cos b \cos C + \cot A \sin C. \dots (7) $$

49. By interchanging the letters five other formulae, like that in the preceding Article, may be obtained; the whole six formulae will be as follows:


text:
Page:Batman upon Bartolome.djvu/85

 and made of diuerſe thinges, as it that is aſſigned to proper inſtrument, or organe of the reaſonable ſoule, in his works, as well of kinde as of will. So mans bodie is made of, that is to wit, of Earth, Water, Fire, & Aire: euery ſeuerall hath his proper qualities. Foure be called the firſt and principall qualityes, that is heate, cold, drie, & moiſt: they be called the firſt qualities, becauſe they ſlide firſt from the Elements into the things that be made of Elements. They be alſo called the principall qualities: for of them come all the ſecundarie effects. Two of theſe qualytyes be called Actiue, able to worke hot, and coldneſſe. The other two bée drye and wetneſſe, and be called Paſſiue, able to ſuffer. And ſo as theſe qualyties preuaile and haue maiſterie, the Elements be called Actiue and Paſſiue able to do & ſuffer. The firſt two be principally called Actiue, not becauſe they worke alone, for the Paſſiue qualityes worke alſo: for there is none idle qualitye in the bodie: But therefore they be called Actiue, for by the working of them the other be brought in & kept and ſaued. For heate ſometime bringeth in and kéepeth moiſtneſſe, and ſomtime drines, as it is ſéene in falt fleſh. For heat of the Salt diſſolueth the parts that bée earthly, watry, and airley: and ſo by ſlackening and ſoftening of the heate is induced moiſtneſſe: Heate bringeth in drineſſe, for the heate working in moyſtneſſe diſſolueth it firſt, and when it is diſſolued conſumeth it. And ſo drineſſe which is the firſt of heat is induced, and alſo kept. Then heate is the qualitie of Elements moſt Actiue, as it ſéeneth by effect thereof, while it worketh on anye thing, Firſt it diſſolueth the parts therof, the which when they be diſſolued, the thing is made féebler, that was ſtronger, by the ioyning togethers of the partes. And therefore the act of the thing that worketh, maketh leſſe reſiſtaunce. Alſo heate is the ſubtile worker of all that is ingendered, and the cauſe effectuall principally of the whole Generation. Heat is of two manner wiſe, heate of the Sunne, or heauenlye, gendering. And this heate gendereth and ſaueth. And therefore ſometime Frogges by the heate of heauen. That other heate, is the heate of the Elementes, and gendered: and this heate corrupteth and deſtroyeth, as when the of a cleere bodye. As if the Beames were compound in a mirrour, there might be kindled and burned cloth or ſuch lyke, by the rebounding of the Beames. Alſo it bringeth and leadeth the neather thinges to the ouer. For making moouing from the middle to the vttermoſt, it diſſolueth and turneth what is earthlye into watrye, and watrye into airely, and airelye into firie. And ſo bringeth the neather and the middle into the ouer. Alſo it ſofteneth and maketh ſoft things that bée harde. For working in great boiſtous ſubſtaunce, mollifieth it diſſoluing: as it is ſéene in mettall that melteth with heate: For diſſoluing earthlye thinges into watrye, maketh them tender. Alſo ſofte thinges and fléeting it maketh it harde, as it is ſéene in an Egge that is roaſted. For when the moyſt and moſt ſubtill partes bée waſted awaye, it maketh harde the earthlye partes that abide. And ſo the Egge waxeth harde: and harde and thicke thinges it maketh ſubtille, while it mooueth from the middle to the vttermoſt partes, by his ſtrength it diſſolueth and dealeth the thing that it worketh in, and maketh it couenable and agréeable to his working. While it trauayleth to make a thing ſimple, it muſt néedes make it ſubtill, for the ſimpleneſſe of a boyſtous thing, is the ſubtilneſſe that commeth in, by withdrawing of faſtneſſe and thickneſſe of partes: as it is ſéene in Iſe, that is made ſubtill when it is thawed by heate. Alſo heate by his vertue cleanſeth mettalles, and deſtroyeth the ruſte thereof, and other filth. For working in the ſubſtaunce of the ſame mettall diſſolueth it. And if it findeth anye thing of droſſe, eyther of ruſte, it departeth and deſtroyeth it. If if bée fine Golde, the ſtrength of the heate

title: Page:Batman upon Bartolome.djvu/85


text:
Page:Bostock v. Clayton County (2020).pdf/66

Rh In its then-most recent Diagnostic and Statistical Manual of Mental Disorders (1952) (DSM–I), the American Psychiatric Association (APA) classified same-sex attraction as a “sexual deviation,” a particular type of “sociopathic personality disturbance,” id., at 38–39, and the next edition, issued in 1968, similarly classified homosexuality as a “sexual deviatio[n],” Diagnostic and Statistical Manual of Mental Disorders 44 (2d ed.) (DSM–II). It was not until the sixth printing of the DSM–II in 1973 that this was changed.

Society’s treatment of homosexuality and homosexual conduct was consistent with this understanding. Sodomy was a crime in every State but Illinois, see W. Eskridge, Dishonorable Passions 387–407 (2008), and in the District of Columbia, a law enacted by Congress made sodomy a felony punishable by imprisonment for up to 10 years and permitted the indefinite civil commitment of “sexual psychopath[s],” Act of June 9, 1948, §§104, 201–207, 62 Stat. 347–349.


text:
Page:Bostock v. Clayton County (2020).pdf/67

30 This view of homosexuality was reflected in the rules governing the federal work force. In 1964, federal “[a]gencies could deny homosexual men and women employment because of their sexual orientation,” and this practice continued until 1975. GAO, D. Heivilin, Security Clearances: Consideration of Sexual Orientation in the Clearance Process 2 (GAO/NSIAD–95–21, 1995). See, e.g., Anonymous v. Macy, 398 F. 2d 317, 318 (CA5 1968) (affirming dismissal of postal employee for homosexual acts).

In 1964, individuals who were known to be homosexual could not obtain security clearances, and any who possessed clearances were likely to lose them if their orientation was discovered. A 1953 Executive Order provided that background investigations should look for evidence of “sexual perversion,” as well as “[a]ny criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct.” Exec. Order No. 10450, §8(a)(1)(iii), 3 CFR 938 (1949–1953 Comp.). “Until about 1991, when agencies began to change their security policies and practices regarding sexual orientation, there were a number of documented cases where defense civilian or contractor employees’ security clearances were denied or revoked because of their sexual orientation.” GAO, Security Clearances, at 2. See, e.g., Adams v. Laird, 420 F. 2d 230, 240 (CADC 1969) (upholding denial of security clearance to defense contractor employee because he had “engaged in repeated homosexual acts”); see also Webster v. Doe, 486 U. S. 592, 595, 601 (1988) (concluding that decision to fire a particular individual because he was homosexual fell within the “discretion” of the Director of Central Intelligence under the National Security Act of 1947 and thus was unreviewable under the APA).

The picture in state employment was similar. In 1964, it was common for States to bar homosexuals from serving as teachers. An article summarizing the situation 15 years after Title VII became law reported that “[a]ll states have statutes that permit the revocation of teaching certificates


text:
Page:Hakluytus Posthumus or Purchas His Pilgrimes Volume 12.djvu/515

 Fumochao.

One of Hanlin Colledge turneth Idol- Priest.

President of the Court of Magistrates, and other of the Grands, besides the Eunuches of the Palace, and some of the Queenes and Royall family. Amongst others was Fumochan a great man, who for withstanding the Fumochao. Eunuches capacitie in Uquam Province, was deprived, whipped, and three yeeres Imprisoned; but by others honored with Temples, Odours, Images, and Bookes in prayse of him, as a Saint, and the King wearyed by multitude of Petitions for him, granted him againe his libertie. Also Lingoson a great Magistrate and Mathematician as they accounted, became Ricius his Scholler, and was baptised Leo, borne at Hanceu, the chiefe Citie of Cechian, of which afterward.

Yet had Ricius a great enemy of a great Learned man of Hanlin Colledge, who in zeale of the Idol-sect had put away his Wife, and professed himselfe one of their Votaries or Shavelings, drew many Disciples after him, and writ many Bookes against the Literate Sect; and writ also against Ricius his bookes. One of the Kings Admonishers accused him to the King by Petition, and the King rescribing severely, hee slue himselfe: yea, the King ordayned, that if the Magistrates would become Apostata shavelings, they should leave their Robes and get them to the Deserts ; many accordingly chusing rather to leave their Offices, then their Idols. One Thacon

Thacon a famous infamous Priest.

was so famous, that the chiefe Queene daily worshipped his habit, (having no other meane of entercourse) and so proud that hee sent to Ricius to come and visite him, with the rites of kneeling. But on occasion of search for a Libell against the King, hee was found guiltie of writing ill of the King, for not professing Idols, and of ill usage to the Kings Mother, for which he was Whipped so, that before they could adde bonds, hee dyed. One which by torments confessed himselfe author of the Libell, had 1600. gobbets plucked from his flesh and then beheaded, a Death most (for the division of the body) abominable to the Chinois.

In the Xaucean Residence some stirre happened, whiles

Xauceum residence. [III.ii.406.] XII


text:
Page:Bostock v. Clayton County (2020).pdf/68

Rh (or credentials) for immorality, moral turpitude, or unprofessionalism,” and, the survey added, “[h]omosexuality is considered to fall within all three categories.”

The situation in California is illustrative. California laws prohibited individuals who engaged in “immoral conduct” (which was construed to include homosexual behavior), as well as those convicted of “sex offenses” (like sodomy), from employment as teachers. Cal. Educ. Code Ann. §§13202, 13207, 13209, 13218, 13255 (West 1960). The teaching certificates of individuals convicted of engaging in homosexual acts were revoked. See, e.g., Sarac v. ''State Bd. of Ed.'', 249 Cal. App. 2d 58, 62–64, 57 Cal. Rptr. 69, 72–73 (1967) (upholding revocation of secondary teaching credential from teacher who was convicted of engaging in homosexual conduct on public beach), overruled in part, Morrison v. ''State Bd. of Ed.'', 1 Cal. 3d 214, 461 P. 2d 375 (1969).

In Florida, the legislature enacted laws authorizing the revocation of teaching certificates for “misconduct involving moral turpitude,” Fla. Stat. Ann. §229.08(16) (1961), and this law was used to target homosexual conduct. In 1964, a legislative committee was wrapping up a 6-year campaign to remove homosexual teachers from public schools and state universities. As a result of these efforts, the state board of education apparently revoked at least 71 teachers’ certificates and removed at least 14 university professors. Eskridge, Dishonorable Passions, at 103.

Individuals who engaged in homosexual acts also faced the loss of other occupational licenses, such as those needed to work as a “lawyer, doctor, mortician, [or] beautician.” See, e.g., Florida Bar v. Kay, 232 So. 2d 378 (Fla. 1970) (attorney disbarred after conviction for homosexual conduct in


text:
Page talk:The story of the flute (IA storyofflute1914fitz).djvu/55

extra 3 in the footer
In the footer there is an extra 3 on the scanned copy, but not in the transcription. Should it be added for completeness? Shootmanng (talk) 04:50, 23 February 2024 (UTC)

 * This has been fixed by adding the line Rh to the footer. See details for rh header here Template:RunningHeader. Shootmanng (talk) 17:15, 23 February 2024 (UTC)
 * That's a binder's mark (to indicate in what order to put the folios when assembling the book). We don't reproduce binder's marks here as they're not relevant to a digital copy. Beeswaxcandle (talk) 17:49, 23 February 2024 (UTC)
 * @Shootmanng Not exactly a reply to the above but I am new here and still trying to figure out how things work, and I think I may have found two possible errors in your transcription of the score; otherewise I could probably validate the page for you. Unfortunately, I haven't played music for decades; so, my recollection of musical terminology is weak, but here goes:
 * In the top set of lines of the top pair, in the third measure, the second group of notes is shown as being slightly separated in the original; whereas, you have them vertically aligned. Similarly, in the top set of lines in the bottom pair, 2nd to last measure, the third group of notes, same thing. Sacle1 (talk) 20:23, 23 February 2024 (UTC)
 * I've had a go at tweaking the stem alignments to avoid collisions. See what you think. Beeswaxcandle (talk) 22:18, 23 February 2024 (UTC)
 * The first one looks good! :-)
 * The second one looks worse but I did not describe it very well. Let me try again:  in the top set of lines in the bottom pair, 2nd to last measure, third group of notes, you have, in order from top to bottom, a C, a G and an E-middle C joined pair.  The C and G are vertically aligned (one above the other).  The E (along with the middle C) is slightly offset to the right with respect to the C&G.  I am assuming you are familiar with basic musical notation, but if not, check this out: https://blog.sheetmusicplus.com/2015/12/30/learn-how-to-read-sheet-music-notes/
 * It certainly helped me! Sacle1 (talk) 14:59, 24 February 2024 (UTC)
 * I'm well experienced with musical notation. I've done all the music scores for DMM. The solution I've put in for the second last bar of music, is musically fine and any musician reading it with a view to playing will be happy. Much as with the text here, we're not making an exact facsimile of the score, but are making an accurate version. Beeswaxcandle (talk) 04:28, 26 February 2024 (UTC)
 * Okay, I have just validated it for you. :-) Sacle1 (talk) 01:53, 27 February 2024 (UTC)


text:
Page:The Privacy and Electronic Communications (EC Directive) Regulations 2003 (UKSI 2003-2426 qp).pdf/1

The Secretary of State, being a Minister designated(a) for the purposes of section 2(2) of the European Communities Act 1972(b) in respect of matters relating to electronic communications, in exercise of the powers conferred upon her by that section, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Privacy and Electronic Communications (EC Directive) Regulations 2003 and shall come into force on 11th December 2003.

Interpretation

2.—(1) In these Regulations—

“bill” includes an invoice, account, statement or other document of similar character and “billing” shall be construed accordingly;

“call” means a connection established by means of a telephone service available to the public allowing two-way communication in real time;

“communication” means any information exchanged or conveyed between a finite number of parties by means of a public electronic communications service, but does not include information conveyed as part of a programme service, except to the extent that such information can be related to the identifiable subscriber or user receiving the information;

“communications provider” has the meaning given by section 405 of the Communications Act 2003(c) ;

“corporate subscriber” means a subscriber who is—
 * (a) a company within the meaning of section 735(1) of the Companies Act 1985(d) ;
 * (b) a company incorporated in pursuance of a royal charter or letters patent;
 * (c) a partnership in Scotland;
 * (d) a corporation sole; or


text:
Page:Bostock v. Clayton County (2020).pdf/69

32 public bathroom).

In 1964 and for many years thereafter, homosexuals were barred from the military. See, e.g., Army Reg. 635–89, §I(2)(a) (July 15, 1966) (“Personnel who voluntarily engage in homosexual acts, irrespective of sex, will not be permitted to serve in the Army in any capacity, and their prompt separation is mandatory”); Army Reg. 600–443, §I(2) (April 10, 1953) (similar). Prohibitions against homosexual conduct by members of the military were not eliminated until 2010. See Don’t Ask, Don’t Tell Repeal Act of 2010, 124 Stat. 3515 (repealing 10 U. S. C. §654, which required members of the Armed Forces to be separated for engaging in homosexual conduct).

Homosexuals were also excluded from entry into the United States. The Immigration and Nationality Act of 1952 (INA) excluded aliens “afflicted with psychopathic personality.” 8 U. S. C. §1182(a)(4) (1964 ed.). In Boutilier v. INS, 387 U. S. 118, 120–123 (1967), this Court, relying on the INA’s legislative history, interpreted that term to encompass homosexuals and upheld an alien’s deportation on that ground. Three Justices disagreed with the majority’s interpretation of the phrase “psychopathic personality.” But it apparently did not occur to anyone to argue that the Court’s interpretation was inconsistent with the INA’s express prohibition of discrimination “because of sex.” That was how our society—and this Court—saw things a half century ago. Discrimination because of sex and discrimination because of sexual orientation were viewed as two entirely different concepts.

To its credit, our society has now come to recognize the injustice of past practices, and this recognition provides the impetus to “update” Title VII. But that is not our job. Our


text:
Page:The Privacy and Electronic Communications (EC Directive) Regulations 2003 (UKSI 2003-2426 qp).pdf/2

 :(e) any other body corporate or entity which is a legal person distinct from its members;

“the Directive” means Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)(a) ;

“electronic communications network” has the meaning given by section 32 of the Communications Act 2003(b) ;

“electronic communications service” has the meaning given by section 32 of the Communications Act 2003;

“electronic mail” means any text, voice, sound or image message sent over a public electronic communications network which can be stored in the network or in the recipient’s terminal equipment until it is collected by the recipient and includes messages sent using a short message service;

“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

“individual” means a living individual and includes an unincorporated body of such individuals;

“the Information Commissioner” and “the Commissioner” both mean the Commissioner appointed under section 6 of the Data Protection Act 1998(c) ;

“information society service” has the meaning given in regulation 2(1) of the Electronic Commerce (EC Directive) Regulations 2002(d) ;

“location data” means any data processed in an electronic communications network indicating the geographical position of the terminal equipment of a user of a public electronic communications service, including data relating to—
 * (f) the latitude, longitude or altitude of the terminal equipment;
 * (g) the direction of travel of the user; or
 * (h) the time the location information was recorded;

“OFCOM” means the Office of Communications as established by section 1 of the Office of Communications Act 2002(e) ;

“programme service” has the meaning given in section 201 of the Broadcasting Act 1990(f) ;

“public communications provider” means a provider of a public electronic communications network or a public electronic communications service;

“public electronic communications network” has the meaning given in section 151 of the Communications Act 2003(g) ;

“public electronic communications service” has the meaning given in section 151 of the Communications Act 2003;

“subscriber” means a person who is a party to a contract with a provider of public electronic communications services for the supply of such services;

“traffic data” means any data processed for the purpose of the conveyance of a communication on an electronic communications network or for the billing in respect of that communication and includes data relating to the routing, duration or time of a communication;

“user” means any individual using a public electronic communications service; and

2


text:
Page:The Privacy and Electronic Communications (EC Directive) Regulations 2003 (UKSI 2003-2426 qp).pdf/3

 “value added service” means any service which requires the processing of traffic data or location data beyond that which is necessary for the transmission of a communication or the billing in respect of that communication.

(2) Expressions used in these Regulations that are not defined in paragraph (1) and are defined in the Data Protection Act 1998 shall have the same meaning as in that Act.

(3) Expressions used in these Regulations that are not defined in paragraph (1) or the Data Protection Act 1998 and are defined in the Directive shall have the same meaning as in the Directive.

(4) Any reference in these Regulations to a line shall, without prejudice to paragraph (3), be construed as including a reference to anything that performs the function of a line, and “connected”, in relation to a line, is to be construed accordingly.

Revocation of the Telecommunications (Data Protection and Privacy) Regulations 1999

3. The Telecommunications (Data Protection and Privacy) Regulations 1999(a) and the Telecommunications (Data Protection and Privacy) (Amendment) Regulations 2000(b) are hereby revoked.

Relationship between these Regulations and the Data Protection Act 1998

4. Nothing in these Regulations shall relieve a person of his obligations under the Data Protection Act 1998 in relation to the processing of personal data.

Security of public electronic communications services

5.—(1) Subject to paragraph (2), a provider of a public electronic communications service (“the service provider”) shall take appropriate technical and organisational measures to safeguard the security of that service.

(2) If necessary, the measures required by paragraph (1) may be taken by the service provider in conjunction with the provider of the electronic communications network by means of which the service is provided, and that network provider shall comply with any reasonable requests made by the service provider for these purposes.

(3) Where, notwithstanding the taking of measures as required by paragraph (1), there remains a significant risk to the security of the public electronic communications service, the service provider shall inform the subscribers concerned of—
 * (a) the nature of that risk;
 * (b) any appropriate measures that the subscriber may take to safeguard against that risk; and
 * (c) the likely costs to the subscriber involved in the taking of such measures.

(4) For the purposes of paragraph (1), a measure shall only be taken to be appropriate if, having regard to—
 * (a) the state of technological developments, and
 * (b) the cost of implementing it,

it is proportionate to the risks against which it would safeguard.

(5) Information provided for the purposes of paragraph (3) shall be provided to the subscriber free of any charge other than the cost to the subscriber of receiving or collecting the information.

3


text:
Page:Bostock v. Clayton County (2020).pdf/70

Rh duty is to understand what the terms of Title VII were understood to mean when enacted, and in doing so, we must take into account the societal norms of that time. We must therefore ask whether ordinary Americans in 1964 would have thought that discrimination because of “sex” carried some exotic meaning under which private-sector employers would be prohibited from engaging in a practice that represented the official policy of the Federal Government with respect to its own employees. We must ask whether Americans at that time would have thought that Title VII banned discrimination against an employee for engaging in conduct that Congress had made a felony and a ground for civil commitment.

The questions answer themselves. Even if discrimination based on sexual orientation or gender identity could be squeezed into some arcane understanding of sex discrimination, the context in which Title VII was enacted would tell us that this is not what the statute’s terms were understood to mean at that time. To paraphrase something Justice Scalia once wrote, “our job is not to scavenge the world of English usage to discover whether there is any possible meaning” of discrimination because of sex that might be broad enough to encompass discrimination because of sexual orientation or gender identity. Chisom v. Roemer, 501 U. S. 380, 410 (1991) (dissenting opinion). Without strong evidence to the contrary (and there is none here), our job is to ascertain and apply the “ordinary meaning” of the statute. Ibid. And in 1964, ordinary Americans most certainly would not have understood Title VII to ban discrimination because of sexual orientation or gender identity.

The Court makes a tiny effort to suggest that at least some people in 1964 might have seen what Title VII really means. Ante, at 26. What evidence does it adduce? One complaint filed in 1969, another filed in 1974, and arguments made in the mid-1970s about the meaning of the Equal Rights Amendment. Ibid. To call this evidence


text:
Page:Hakluytus Posthumus or Purchas His Pilgrimes Volume 12.djvu/516

 c. 1604. Hoaquan a three eyed Monster.

Portugall customes odious to Chinois.

Fasts and processions.

Locus unluckinesse.

they brought to the Jesuits house their Idoll Hoaquan, made with three Eyes, one in his forehead (for though the Chinois have no Idols representing any formes but humane, yet they admit Monsters) as their God of Eye-sight, for whom they intended to build him a Temple, and carryed him from house to house a begging to that purpose; the Jesuites refusing to give them. Rumours also of Mathans detayning the Presents were soone apprehended; as likewise certayne Stage-players which comming from Amacao, set forth in Pictures those things which the Chinois hated in the Portugals, as their short Garments (seeming to them ridiculous) praying on Beads by men in Temples, with Swords girded to them, kneeling on one knee; their quarrels one with another and combats. Women going with Men in company, and the like; a Magistrate also accused the Jesuites to the Tauli, who spake for them and visited them. It happened also that by occasion of a great Drought, Processions and Fasts were commanded, and the Shambles shut up, the Governour and people in divers places appointed thereto, begging rayne with their bowings; and when this prevayled not, they brought an Idoll out of the Suburbes, called Locu, which was carryed about, adored, offered too, with no better successe. Hereupon they consulted a Witch, which sayd the Quoayn or Goddesse was angry, that her backe was daily scorched (spoken of the Converts burning their Idols) which caused some conspiracie, quenched with the Taulis favour and the rayne following. At Nanquin one borne at Scianhai, and first pronounced Licentiat in the examination of 1597. was Baptised hy the name of Paulus, who converted his whole Family. Anno 1604. hee was made Doctor, amongst three hundred and eight, of which number foure and twentie were chosen of Hanlin Colledge, after the China course of best Writing, of which hee was the fourth: this Choise of foure and twentie is but for probationers, for at the most after long tryals by the Colai, but twelve or fifteene are set in possession, in which examinations hee was still a principall.


text:
Page:Hakluytus Posthumus or Purchas His Pilgrimes Volume 12.djvu/120

 A.D.

1542.

PURCHAS HIS PILGRIMES

bodies, which had robbed the Saints, and would kill them all, whence followed the fires, and sending to give notice to the Cities Corpilem, and Fumbana for ayde, their Religion prohibiting them to handle any thing which might draw bloud. Faria now having gone downe the River a great way, was much enraged for omitting such oportunitie, plucking his beard, and beating himselfe with anguish, till not long after his heate was cooled.

Xalingau.

Conxinacau.

Farm

drowned, and the Barkes wracked.

§. III.

Their Shipwracke in which Faria and most of them were drowned ; the miserable wander- ings of the rest to Nanquin : their Imprison- ment, sentence and appeale to Pequin ; rarities observed in those places and wayes ; of the beginnings of the China Kingdome, and of their admirable Wall.

Even dayes wee sayled thorow the Bay of Nanquim, the force of the current carry- ing us more speedily, and came all discontent to a Village called Susoquerim, and there provided our selves of victuall and instruction, and entred into a straight called Xalingau, in which wee ranne in nine dayes one hundred and fortie leagues, and turning to enter the same Bay of Nanquim, which was there ten or twelve leagues wide, wee sayled with Westerly windes thirteene dayes : and being in the sight of the Mines of Conxinacau in 41. degrees and two thirds, there a Tufan or tempest from the South, tooke us with windes and raines seeming more then naturall, and the winde chopped into the North North-west, the Sea going so high that (except our provisions and Chests of plate) we threw all into the Sea, cut both our masts over-board, and about midnight heard a great cry in the Panura of Antonia de Faria, Mercy Lord God, whereby wee imagined shee was cast

90


text:
Page:Hakluytus Posthumus or Purchas His Pilgrimes Volume 12.djvu/121

 FERNAM MENDEZ PINTO

away ; we seconded the same cry, but heard no answer. Our Barke also the next day, split on a Rocke, and of five and twentie Portugals, eleven were drowned, besides eighteene Christian boyes, and seven China Mariners. This hapned the fifth of August, 1542.

Wee fourteene which escaped, the next day travelled into the Land, alongst a Hill, and discovered a Lake, without shew of Land, which made us returne backe, where wee found our men cast on shoare, to the renewing of our sorrow, and the next day buried them, that the Tigres (of which there are many) should not eate them. In this, having nothing but our hands to doe it, and they thirtie sixe now stinking, wee spent the most part of the day. Thence wee went Northward thorow the Woods three dayes, till wee came at a straight, without sight of any person. In swimming over three men and a boy were drowned, being faint, the current strong, and the water somewhat spacious : the men were two brethren Belchior and Caspar Barbosa, and Francisco Borges Cayciro, all of Ponte de Lima, and of good account. Wee which remayned (eleven men and three boyes) passing that obscure nights winds, raines, and cold, imitated by our disconsolate sighs, teares, and feares, saw before day a fire Eastward, and went right towards it, commending our selves to God our only hope. And travelling along the River, wee came in the evening where five men were making Coles, and casting our selves at their feet, desired them to take pitie on us, and helpe us to some place where wee might finde reliefe. They gave us a little Rice and warme water, and shewed us the way to a Village where was an Hospitall, to which wee came an houre within night, and found there foure men appointed to that charge, which used us charitably.

The next day they asked what wee were, and whence : and wee told them, strangers of Siam *, which came from the Port of Liampoo to the fishing at Nanquim, where by tempest we lost all but our battered flesh. They asked what wee intended to doe, and wee answered, to goe to

91

A.D. 1542.

[III. ii. 264.]

Foure other drowned.

An Hospitall.

"^Malaca is said to stand in the Kingdome ofSiatn^ though now not yeelding subjection.


text:
Page:Hakluytus Posthumus or Purchas His Pilgrimes Volume 12.djvu/122

 A.D. 1542.

Sileyiacau.

Suzanganee. Strange oath.

Xiangulee hard usage.

PURCHAS HIS PILGRIMES

Nanquim, to get passage to Cantan, or Comhay, where our Countrey-men have trade by licence of the Aitao of Paquim, under the shadow of The Sonne of the Sunne, the Lion crowned in the Throne of the World ; for whose sake we desired them to let us stay there till we had recovered strength to travell, and to give us some clothing to cover us. They carried us about the Village, and begged some old clothes and victuals, and two Taeis in money for our reliefe, and gave us two Taeis of the House ; and with words of much comfort to trust in God, they gave us a Letter of commendation to the Hospitall of Sileyiacau, which was in a great Towne three leagues thence, and had better maintenance. Thither we went, and shewed our Letter from the Overseers of Buatendoo, in the said Village of Catihorau to the Officers of this house, which sate then at Table in consultation, and the Scribe reading the Letter, they accommodated us in a neat roome with fourteene Beds, a Table, and many Stooles, and Meate ; and next morning examined us, wee answer- ing as before. They gave charge to a Physician to cure us, and wrote our names in a Booke, to which we sub- scribed. In eighteene dayes wee all recovered, and went thence to a place called Susoanganee, five leagues off, and sate downe wearie at a Well, where one came to us with a handful of Wheat eares, which he wetted in the water, and adjured us holding the same in our hands, by these sub- stances of bread and water, which the high Creator had made for the sustenance of man to tell the truth what we were, &c. which we did, answering as before ; and he gave leave to his neighbours to relieve us. They layde us in a Church Porch, and gave us victuals, and the next day we begged from doore to doore foure Taeis, which well helped our wants.

Thence we went two leagues to Xiangulee, with intent to goe to Nanquim, one hundred and fortie leagues dis- tant. Comming thither late, three boyes which were feeding Cattell, ranne into the Towne with an out-crie of Theeves ; the people running out, and so welcomming us,

92


text:
Page:Hakluytus Posthumus or Purchas His Pilgrimes Volume 12.djvu/123

 FERNAM MENDEZ PINTO

A.D.

1542.

that one of the boyes died with the blowes. They kept us two dayes in a Cisterne of water up to the waste, full of Hors-leaches, without victuals, and our hands bound ; whence by a man of Suzanganee, wee were freed, reporting better things of us. Thence wee went to Finginilau (in the way finding good reliefe at a Gentlemans house) still avoyding Cities and Townes of note, for feare of stricter justice, two moneths holding on our way, some- time in, sometimes out, from Village to Village, one of which was Chautir, where a woman was then buried which Chautir. had made the Idoll her Heire, and we were invited as poore men to eate at her Grave, and had sixe Taeis given us to pray for her soule. At Taypor an Officer charged Taypor. us to be Rogues, begging against the Law, and therefore layed us in Prison, where we continued sixe and twentie dayes, in which Rodrigues Bravo, one of our companie died. Thence wee were sent to Nanquim, and there Nanquim. continued sixe weekes in a miserable Prison (in which was said to be foure thousand Prisoners) where two of our companie and a boy died of the whipping, and the rest hardly escaped ; being besides sentenced also to have our thumbs cut off as theeves.

After this bloudy whipping, they brought us to a house within the Prison where wee were cured, being as it were an Hospitall for the sicke, where in eleven dayes wee were pretily well recovered, but lamenting the cutting off our thumbes according to the rigour of the Sentence which had beene given, one morning came in two honourable persons which were Procurers of the poore. These questioned us of our case, and hearing the same, made a Petition to the Chaem on our behalfe, and the eight Conchacis, which are as it were Criminall Judges ; and being there delayed, they made another Petition to another Table, called Xinfau nicor pitau, where are foure and twentie Talagrepos assistants, austere Religious men, Takgrepos. as Capuchines amongst us, which review the cases of the poore, which prohibited the Chaem to proceed, and granted an appeale to the Aitau of Aitaus in Pequim to


text:
Page:Papers of William Shakespeare Hall, 1861–1895.pdf/129

 water. Sunday.

AUG. 14.

Sent team with Tucker, Albert Connor & provisions & water to marsh.

AUG. 15.

Loaded with flour & many articles bought & came home -

AUG. 16.

Shod horse & went to sheep station Tucker trimming rails & at garden.

AUG. 17.

Counted sheep & returned.

AUG. 18.

Tucker collecting things & making up provisions for sheep washing.

AUG. 19.

Working at all sorts of small jobs; & making up cattle account.

AUG. 20.

Sunday.

AUG. 21.

Went with Tucker & team up to sheep station to wash flock.

AUG. 22.

Making pens.

AUG. 23.

The same.

AUG. 24.

Fixing washing pens & cutting drains.


text:
Page:Papers of William Shakespeare Hall, 1861–1895.pdf/146

 the colony's foundation. Mr. Hall senior brought a 25 ton cutter in the barque he was a passenger by, which, upon his arrival, served him in cruising along the coast, to explore the seaboard country. Eventually he settled at Mandurah, where he commenced farming. Some time after his cutter was wrecked, whereupon he migrated with his family to Perth. Here W.S. Hall, the subject of our biographical sketch, commenced his education under Mr. Wittenoom, the first Colonial Chaplain. Mr. Hall senior then went to the Old Country and joined his eldest son who had been educated at Eton; (and when of age) they finally severed their connection with the Motherland, by cutting off the entail to the property, disposing of it entirely and returning to the colony. Wongong farm was purchased, and there Shakespeare Hall learnt farming. Arriving at the age of manhood about the time of the famous gold discoveries in Victoria he could do no better, so he thought, than leave his father's home to seek his fortunes among the eager throngs hurrying in the race for gold. He followed gold digging in Bendigo and elsewhere with fluctuating fortune for 8 years and then returned to W.A. He entered into an engagement with the Government to prospect for gold in the vicinity of the Swan; bu the project had no looked-for results. About this time he accomplished the then unheard of feat of travelling overland to Champion Bay (Geraldton) single-handed, which was deemed a feat of great daring.


text:
Page:Papers of William Shakespeare Hall, 1861–1895.pdf/147

 A party was now being formed under the leadership of Mr. Frank Gregory to explore the terra incognita of the north; and this he joined. The expedition did some twelve months' travelling by land and sea, during which they endured many hardships and dangers, but rendered signal service to the colony. After this he returned to the occupation of his youth; but he had not long settled down to it when Mr. John Wellard, of the Serpentine, prevailed upon him to leave it and come north and open a station for him. They landed the sheep on the North Beach, Cossack, some six weeks behind a like-constituted party of Mr. Padbury's; which did not stay here, but pushed across to the DeGrey. Mr. Hall travelled his stock up to what is now known as Andover and there commenced the first station in the district. He remained there a little short of two years, having thoroughly established the station and tamed the natives, without bloodshed, amongst whom was the native chief known as King Mulangon. He threw up the management on account of ill health and the solitude, there being very few people about the district until the Denison Plains Company came some years later. Returning to the Swan, he went farming some of the land his father had allotted him in 1829; but being offered the vacant managership of the Roebuck Bay Company, he was on the move again. Here he was appointed a justice of the peace; and what with troopers and pensioners (provided by the Government to guard the station) he had quite a little colony under him.


text:
Page:Papers of William Shakespeare Hall, 1861–1895.pdf/148

 The country proved useless for sheep; and he was ordered to shift bag, baggage and stock to Roebourne. The vessel made two trips, on the second of which she was wrecked on what was afterwards called Perseverance Rocks, that being the stock boat's name. She was not damaged greatly so the stock were not drowned; and at ebb tide every animal was walked ashore safely. Finally he was instructed to break up the concern. The men being paid off shipped in the first boat sent, the ill-fated schooner "Emma", which was lost with all hands comprising 40 souls. Mr Hall luckily stayed behind and took up runs for himself; and after getting things well settled down made short exploration trips inland in company with that well-known pioneer, Mr. John Withnell, and others. Shortly before this, having had a difference with the then Colonial Secretary, he resigned his justiceship. The letter containing the resignation went down in the schooner "Emma" before mentioned, so it is hard to say whether he was or was not a justice of the peace at the time of his death. He went south (after the settlement) and when in middle life married Miss H. Boyd Lazenby, of Perth and Cardup, daughter of a well-known colonist, and brought his 19-year-old bride north, who faced the trials and hardships bravely, her one fear being that the natives would murder her husband in his sleep, as he always slept in the open air. Unknown to him she kept many a weary vigil).

To hark back, relinquishing the idea of squatting, he started business as a general storekeeper. Not being success-


text:
Page:Papers of William Shakespeare Hall, 1861–1895.pdf/149

 ful and the pearling being now developed, he embarked in that industry with Malays (he procured from Java). The venture proved fairly successful. Throwing this up, he want ashore again, and with a partner started pearl buying. This proved most lucrative, but a sudden drop in prices discourage him and his partner and they decided to dissolve. Mr. Hall again turning his attention and energies to business but they were not successfully applied; and he determined to quit the mercantile sphere for good. He went in for pearling with natives, and worked his boats off and on for several years with varying luck; but losing two boats at different times in hurricanes, the second nearly costing him his life, he became discouraged and came on shore, to mend his broken fortunes. As years began to advance he retired from active employment. He was made a councillor at the port and was twice raised to the civic honour of Chairman of the Town Council, which position he held at the time of his death. He always took a keen interest in public affairs, especially those connected with the north, and was a bold and fearless advocate of the need of separating from the south.

To hark back to the time when Gregory's expedition party were on board the "Dolphin" in Nicol Bay, the crew used to go on the reefs and find m.o.p. shells, which they used to search for pearls and then throw them away. Mr. Hall told the sailors they were throwing away half crowns; and so they saved them. When they reached Fremantle a


text:
Page:Across the Zodiac (Volume 2).djvu/105

we approached the house I caught sight of Eveena's figure among the party gathered on the roof. She had witnessed the interview, but her habitual and conscientious deference forbade her to ask a confidence not volunteered; and she seemed fully satisfied when, on the first occasion on which we were alone, I told her simply that the stranger belonged to the Zinta and had been recommended by her father himself to the charge of my estate. Though reluctant to disturb her mind with fears she could not shake off as I could, and which would make my every absence at least a season of terror, the sense of insecurity doubtless rendered me more anxious to enjoy whenever possible the only society in which it was permissible to be frank and off my guard. No man in his senses would voluntarily have accepted the position which had been forced upon me. The Zveltau never introduce aliens into their households. Their leading ideas and fundamental principles so deeply affect the conduct of existence, the motives of action, the bases of all moral reasoning—so completely do the inferences drawn from them and the habits of thought to which they lead pervade and tinge the mind, conscience, and even language


text:
Page:Across the Zodiac (Volume 2).djvu/106

 that though it may be easy to "live in the light at home and walk with the blind abroad," yet in the familiar intercourse of household life even a cautious and reserved man (and I was neither) must betray to the keen instinctive perceptions of women whether he thought and felt like those around him, or was translating different thoughts into an alien language. This difficulty is little felt between unbelievers and Christians. The simple creed of the Zinta, however, like that of the Prophet, affects the thought and life as the complicated and subtle mysteries of more elaborate theologies, more refined philosophic systems rarely do.

One of Eveena's favourite quotations bore the unmistakable stamp of Zveltic mysticism:—

The danger in which my relation to the Zinta and its chief involved me, and the presence of half a dozen rivals to Eveena—rivals also to that regard for the Star which at first I felt chiefly for her sake—likely as they seemed to impair the strength and sweetness of the tie between us, actually worked to consolidate and endear it. To enjoy, except on set occasions, without constant liability to interruption, Eveena's sole society was no easy matter. To conceal our real secret, and the fact that there was a secret, was imperative. Avowedly exclusive confidence, conferences from which the rest of the household were directly shut out, would have suggested to their envious tempers that Eveena played the spy on them, or influenced and advised the


text:
Page:Across the Zodiac (Volume 2).djvu/107

 exercise of my authority. To be alone with her, therefore, as naturally and necessarily I must often wish to be, required manoeuvres and arrangements as delicate and difficult, though as innocent, as those employed by engaged couples under the strict conventions of European household usage; and the comparative rarity of such interviews, and the manner in which they had often to be contrived beforehand, kept alive in its earliest freshness the love which, if not really diminished, generally loses somewhat of its first bloom and delicacy in the unrestrained intercourse of marriage. Absolutely and solely trusted, assured that her company was eagerly sought, and at least as deeply valued as ever—compelled by the ideas of her race to accept the situation as natural and right, and wholly incapable of the pettier and meaner forms of jealousy—Eveena was fully content and happy in her relations with me. That, on the whole, she was not comfortable, or at least much less so than during our suddenly abbreviated honeymoon, was apparent; but her loss of brightness and cheerfulness was visible chiefly in her weary and downcast looks on any occasion when, after being absent for some hours from the house, I came upon her unawares. In my presence she was always calm and peaceful, kind, and seemingly at ease; and if she saw or heard me on my return, though she carefully avoided any appearance of eagerness to greet me sooner than others, or to claim especial attention, she ever met me with a smile of welcome as frank and bright as a young bride on Earth could give to a husband returning to her sole society from a long day of labour for her sake.

In so far as compliance was possible I was compelled


text:
Page:Across the Zodiac (Volume 2).djvu/108

 to admit the wisdom of Eveena's plea that no open distinction should be made in her favour. Except in the simple fact of our affection, there was no assignable reason for making her my companion more frequently than Eunane or Eivé. Except that I could trust her completely, there was no distinction of age, social rank, or domestic relation to afford a pretext for exempting her from restraints which, if at first I thought them senseless and severe, were soon justified by experience of the kind of domestic control which just emancipated school-girls expected and required. Nor would she accept the immunity tacitly allowed her. It was not that any established custom or right bounded the arbitrary power of domestic autocracy. The right of all but unbounded wrong, the liberty of limitless caprice, is unquestionably vested in the head of the household. But the very completeness of the despotism rendered its exercise impossible. Force cannot act where there is no resistance. The sword of the Plantagenet could cleave the helmet but not the quilt of down. I could do as I pleased without infringing any understanding or giving any right to complain.

"But," said Eveena, "you have a sense of justice which has nothing to do with law or usage. Even your language is not ours. You think of right and wrong, where we should speak only of what is or is not punishable. You can make a favourite if you will pay the price. Could you endure to be hated in your own home, or I to know that you deserved it? Or, if you could, could you bear to see me hated and my life made miserable?"


text:
Page:Across the Zodiac (Volume 2).djvu/109

 "They dare not!" I returned angrily fearing that they had dared, and that she had already felt the spite she was so careful not to provoke.

"Do you think that feminine malice cannot contrive to envenom a dozen stings that I could not explain if I would, and you could not deal with if I did?"

"But," I replied, "it seems admitted that there is no such thing as right or custom. As Enva said, I have bought and paid for them, and may do what I please within the contract; and you agree that is just what any other man in this world would do."

"Yes," returned Eveena, "and I watched your face while Enva spoke. How did you like her doctrine? Of course you may do as you please—if you can please. You may silence discontent, you may suppress spiteful innuendos and even sulky looks, you may put down mutiny, by sheer terror. Can you? You may command me to go with you whenever you go out; you may take the same means to make me complain of unkindness as to make them conceal it; you may act like one of our own people, if you can stoop to the level of their minds. But we both know that you can do nothing of the kind. How could you bear to be driven into unsparing and undeserved severity, who can hardly bring yourself to enforce the discipline necessary to peace and comfort on those who will only be ruled by fear and would like you better if they feared you more? Did you hear the proverb Leenoo muttered, very unjustly, when she left your room yesterday, 'A favourite wears out many sandals'? No! You see the very phrase wounds and disgusts you. But you would find it a true one. Can you take vengeance for a fault you


text:
Page:Across the Zodiac (Volume 2).djvu/110

 have yourself provoked? Can you decide without inquiry, condemn without evidence, punish without hearing? Men do these things, of course, and women expect them. But you—I do not say you would be ashamed so to act—you cannot do it, any more than you can breathe the air of our snow-mountains."

"At all events, Eveena, I no more dare do it in your presence than I dare forswear the Faith we hold in common."

But whatever Eveena might exact or I concede, the distinction between the wife who commanded as much respect as affection, and the girls who could at best be pets or playthings, was apparent against our will in every detail of daily life and domestic intercourse. It was alike impossible to treat Eveena as a child and to rule Enva or Eirale as other than children. It was as unnatural to use the tone of command or rebuke to one for whom my unexpressed wishes were absolute law, as to observe the form of request or advice in directing or reproving those whose obedience depended on the consequences of rebellion. It only made matters worse that the distinction corresponded but too accurately to their several deserts. No faults could have been so irritating to Eveena's companions as her undeniable faultlessness.

The ludicrous aspect of my relation to the rest of the household was even more striking than I had expected. That I should find myself in the absurd position of a man entrusted with the direct personal government of half-a-dozen young ladies was even "more truly spoke than meant." One at least among them might singly have made in time a not unlovable wife, and all, per-


text:
Page:Across the Zodiac (Volume 2).djvu/111

 haps, might severally and separately have been reduced to conjugal complaisance. Collectively, they were, as Eveena had said, a set of school-girls, and school-girls used to stricter restraint and much sharper discipline than those of a French or Italian convent. They would have made life a burden to a vigorous English schoolmistress, and imperilled the soul of any Lady-Abbess whose list of permissible penances excluded the dark cell and the scourge. Fortunately for both parties, I had the advantage of governess and Superior in the natural awe which girls feel for the authority of manhood—till they have found out of what soft fibre men are made—and in the artificial fear inspired by domestic usage and tradition. For I was soon aware that even on its ridiculous side the relation was not to be trifled with. The simple indifference a man feels towards the escapades of girlhood was not applicable to women and wives, who yet lacked womanly sense and the feeling of conjugal duty. This serious aspect of their position soon contracted the indulgence naturally conceded to youth's heedlessness and animal spirits. These, displayed at first only in the energy and eagerness of their every movement within the narrow limits of conventional usage, broke all bounds when, after one or two half-timid, half-venturous experiments on my patience, they felt that they had, at least for the moment, exchanged the monotony, the mechanical routine, the stern repression of their life in the great Nurseries, not for the harsh household discipline to which they naturally looked forward, but for the "loosened zone" which to them seemed to promise absolute liberty. When not immediately in my


text:
Page:Across the Zodiac (Volume 2).djvu/112

 presence or Eveena's, their keen enjoyment of a life so new, the sudden development of the brighter side of their nature under circumstances that gave play to the vigorous vitality of youth, gave as much pleasure to me as to themselves. But in contact with myself or Eveena they were women, and showed only the wrong side of the varied texture of womanhood. To the master they were slaves, each anxious to attract his notice, win his preference; before the favourite, spiteful, envious of her and of each other, bitter, malicious, and false. For Eveena's sake, it was impossible to look on with indolent indifference on freaks of temper which, childish in the form they assumed, were envenomed by the deliberate dislike and unscrupulous cunning of jealous women.

But even on the childish side of their character and conduct, they soon displayed a determination to test by actual experiment the utmost extent of the liberty allowed, and the nature and sufficiency of its limits. Eunane was always the most audacious trespasser and representative rebel. Fortunately for her, the daring which had bewildered and exasperated feminine guardians rather amused and interested me, giving some variety and relief to the monotonous absurdity of the situation. Nothing in her conduct was more remarkable or more characteristic than the simplicity and good temper with which she generally accepted as of course the less agreeable consequences of her outbreaks; unless it were the sort of natural dignity with which, when she so pleased, the game played out and its forfeit paid, the naughty child subsided into the lively but rational companion, and the woman simply ignored the scrapes of the school-girl.


text:
Page:Across the Zodiac (Volume 2).djvu/113

 As her character seemed to unfold, Eivé's individuality became as distinctly parted from the rest as Eunane's, though in an opposite direction. Comparatively timid and indolent, without their fulness of life, she seemed to me little more than a child; and she fell with apparent willingness into that position, accepting naturally its privileges and exemptions. She alone was never in the way, never vexatious or exacting. Content with the notice that naturally fell to her share, she obtained the more. Never intruding between Eveena and myself, she alone was not wholly unwelcome to share our accidental privacy when, in the peristyle or the grounds, the others left us temporarily alone. On such occasions she would often draw near and crouch at my feet or by Eveena's side, curling herself like a kitten upon the turf or among the cushions, often resting her little head upon Eveena's knee or mine; generally silent, but never so silent as to seem to be a spy upon our conversation, rather as a favourite child privileged, in consideration of her quietude and her supposed harmlessness and inattention, to remain when others are excluded, and to hear much to which she is supposed not to listen. Having no special duties of her own in the household, she would wait upon and assist Eveena whenever the latter would accept her attendance. When the whole party were assembled, it was her wont to choose her place not in the circle, still less at my side—Eveena's title to the post of honour on the left being uncontested, and Eunane generally occupying the cushions on my right. But Eivé, lying at our feet, would support herself on her arm between my knee and Eunane's, content to attract my hand to


text:
Page:Self-help with illustrations of conduct and perseverance (IA selfhelpwithillu00smiliala).pdf/276

 to play upon,—studying 'Callcott's Thorough Bass' in the evening, and working at his trade of a miller during the day; occasionally also tramping about the country as a "cadger," with an ass and a cart. During summer he worked in the fields, at turnip-time, hay-time, and harvest, but was never without the solace of music in his leisure evening hours. He next tried his hand at musical composition, and twelve of his anthems were shown to the late Mr. Camidge, of York, as "the production of a miller's lad of fourteen." Mr. Camidge was pleased with them, marked the objectionable passages, and returned them with the encouraging remark, that they did the youth great credit, and that he must "go on writing."

A village band having been set on foot at Masham, young Jackson joined it, and was ultimately appointed leader. He played all the instruments by turns, and thus acquired a considerable practical knowledge of his art: he also composed numerous tunes for the band. A new finger-organ having been presented to the parish church he was appointed the organist. He now gave up his employment as a journeyman miller, and commenced tallow-chandling, still employing his spare hours in the study of music. In 1839 he published his first anthem—'For joy let fertile valleys sing'; and in the following year he gained the first prize from the Huddersfield Glee Club, for his 'Sisters of the Lea.' His other anthem, 'God be merciful to us,' and the 103rd Psalm, written for a double chorus and orchestra, are well known. In the midst of these minor works, Jackson proceeded with the composition of his oratorio,—'The Deliverance of Israel from Babylon.' His practice was, to jot


text:
Page:Across the Zodiac (Volume 2).djvu/114

 play with her curls or stroke her head. Under such encouragement she would creep on to my lap and rest there, but seldom took any part in conversation, satisfied with the attention one pays half-consciously to a child. A word that dropped from Enva, however, on one occasion, obliged me to observe that it was in Eveena's absence that Eivé always seemed most fully aware of her privileges and most lavish of her childlike caresses. The kind of notice and affection she obtained did not provoke the envy even of Leenoo or Eirale. She no more affected to imitate Eveena's absolute devotion than she ventured on Eunane's reckless petulance. She kept my interest alive by the faults of a spoiled child. Her freaks were always such as to demand immediate repression without provoking serious displeasure, so that the temporary disgrace cost her little, and the subsequent reconciliation strengthened her hold on my heart. But with Eveena, or in her presence, Eivé's waywardness was so suppressed or controlled that Eveena's perceptible coolness towards her—it was never coldness or unkindness—somewhat surprised me.

Few Martialists, when wealthy enough to hand over the management of their property to others, care to interfere, or even to watch its cultivation. This, however, to me was a subject of as much interest as any other of the many peculiarities of Martial society, commerce, and industry, which it concerned me to investigate and understand; and when not otherwise employed, I spent great part of my day in watching, and now and then directing, the work that went on during the whole of the sunlight, and not unfrequently during the night, upon my farm. Davilo, the superintendent, had en-


text:
Page:Across the Zodiac (Volume 2).djvu/115

 gaged no fewer than eight subordinates, who, with the assistance of the ambau, the carvee, and the electric machines, kept every portion of the ground in the most perfect state of culture. The most valuable part of the produce consisted of those farinaceous fruits, growing on trees from twenty to eighty feet in height, which form the principal element of Martial food. Between the tropics these trees yield ripe fruit twice a year, during a total period of about three of our months—perhaps for a hundred days. Various gourds, growing chiefly on canes, hanging from long flexile stalks that spring from the top of the stem at a height of from three to eight feet, yield juice which is employed partly in flavouring the various loaves and cakes into which the flour is made, partly in the numerous beverages (never allowed to ferment, and consequently requiring to be made fresh every day), of which the smallest Martial household has a greater variety than the most luxurious palace of the East. The best are made from hard-skinned fruits, whose whole pulp is liquified by piercing the rind before the fruit is fully ripe, and closing the orifice with a wax-like substance, almost exactly according to a practice common in different parts of Asia. The drinks are made, of course, at home. The farinaceous fruits are sold to the confectioners, who take also a portion of the milk and all the meat supplied by the pastures. Many choice fruits grow on shrubs, ranging from the size of a large black currant tree to that of the smallest gooseberry bush. Vines growing along the ground bear clustering nuts, whose kernels are sometimes as hard as that of a cocoa-nut, sometimes almost as soft as butter. The latter with


text:
Page:Across the Zodiac (Volume 2).djvu/116

 the juicy fruits, are preserved if necessary for a whole year in storehouses dug in the ground and lined with concrete, in which, by chemical means, a temperature a little above the freezing-point is steadily maintained at very trivial cost. The number of dishes producible by the mixture of these various materials, with the occasional addition of meat, fish, and eggs, is enormous; and it is only when some particular compound is in special favour with the master of the house that it makes its appearance more than perhaps once in ten days upon the same table. The invention of the confectioners is exquisite and inexhaustible; and every table is supplied with a variety of dainties sufficient for a feast in the most hospitable and wealthy household of Europe. Many of the smaller fruit-trees and shrubs yield two crops in the year. The vegetables, crisper, and of much more varied taste than the best Terrestrial salads, sometimes possessing a flavour as piquant as that of cinnamon or nutmeg, are gathered continuously from one end of the year to the other.

The vines, tough and fibrous, supply the best and strongest cordage used in Mars. For this purpose they are dried, stripped, combed, and put through an elaborate process of manufacture, which, without weakening the fibres, renders them smooth, and removes the knots in which they naturally abound. The twisted cord of the nut-vine is almost as strong as a metallic wire rope of half its measurement. There is another purpose for which these fibres in their natural state are employed. Simply dried and twisted, they form a scourge as terrible as the Russian knout or African cowhide, though of a different character—a scourge which,


text:
Page:Manual of the New Zealand Flora.djvu/685

Agathis.]

Evergreen monœcious or diœcious trees, often of great size. Leaves subopposite or alternate, broad, flat, coriaceous; nerves parallel. Male flowers solitary, axillary, peduncled; peduncle furnished with imbricate scales at the top. Anthers densely spirally arranged on a cylindrical column; cells 5–15, pendulous from the top of a rigid stipes. Female cones terminating short branchlets, broadly ovoid or globose; scales densely spirally arranged, tips broad. Ovules solitary or rarely 2 at the base of each scale and adnate to it, reversed. Mature cone globose or nearly so; scales closely imbricating and appressed, broad, flattened, hard but scarcely woody. Seeds 1 to each scale, very rarely 2, reversed, compressed, ovate or oblong; testa thin, produced into a membranous wing; albumen fleshy; cotyledons 2.

1. A. australis, ''Salisb. in Trans. Linn. Soc.'' viii. (1807) 312.—A lofty forest-tree, with a straight columnar trunk and rounded somewhat bushy head, highly resiniferous in all its parts, usually ranging from 80 to 100 ft. high, with a trunk 4–10 ft. diam., but attaining an extreme height of 150 ft., with a trunk 15–22 ft. diam.; bark glaucous-grey, deciduous, falling off in large flat flakes. Leaves subopposite or alternate, sessile, very thick and coriaceous; of young trees lanceolate, 2–4 in. long, ¼–½ in. broad, gradually passing into those of mature trees, which are ¾–1½ in. long, linear-oblong or narrow obovate-oblong, obtuse. Flowers monoecious; males ¾–1½ in. long, cylindrical. Female cones obovoid in the flowering stage, becoming almost spherical when ripe, erect, 2–3 in. diam.; scales broad, flat, rather thin, falling away from the axis at maturity. Seeds 1 to each scale, ovate, compressed, winged.—Kirk, Forest Fl. tt. 79 to 81. Dammara australis, ''Lamb. Pin.'' ed. i. 2, 14; ''A. Cunn. Precur. n. 325; Raoul, Choix, 41; Hook. f. Fl. Nov. Zel. i. 231; Handb. N.Z. Fl.'' 256. Podocarpus zamiæfolius, ''A. Rich. Fl. Nouv. Zel.'' 360.

Abundant in forests from the North Cape to Tauranga and Kawhia. Sea-level to 2000 ft. Kauri, of the resin kapia.


text:
Page:Across the Zodiac (Volume 2).djvu/117

 even in its lightest form, reduces the wildest herd to instant order; and which, as employed on criminals, is hardly less dreaded than that electric rack whereby Martial science inflicts on every nerve a graduated torture such as even ecclesiastical malignity has not invented on Earth—such as I certainly will not place in the hands of Terrestrial rulers.

All these crops are raised with marvellously little human labour, the whole work of ploughing and sowing being done by machinery, that of weeding and harvesting chiefly by the carvee. The ambau climb the trees and pick the fruit from the ends of the branches, which they are also taught to pinch in, so that none grow so long as to break with the weight of these creatures, as clever and agile as the smaller monkeys, but almost as large as an ordinary baboon. It must always be remembered that, size for size, and cæteris paribus, all bodies, animate and inanimate, on Mars weigh less than half as much as they would on Earth. Eunane's blunder about the carcarâ was not explained by any subsequent errors of the ambau or carvee, which always selected the ripe fruit with faultless skill, leaving the immature untouched, and throwing aside in small heaps to manure the ground the few that had been allowed to grow too ripe for use. The sums paid from time to time into my hands, received from the sales of produce, were far greater than I could possibly spend in gratifying any taste of my own; and, as I presently found, the idea that the surplus might indulge those of the ladies never entered their minds.

Before we had been settled in our home for three days Eveena had made two requests which I was well


text:
Page:Across the Zodiac (Volume 2).djvu/118

 pleased to grant. First, she entreated that I would teach her one at least of the languages with which I was familiar—a task of whose extreme difficulty she had little idea. Compared with her native tongue, the complication and irregularities of the simplest language spoken on Earth are far more arbitrary and provoking than seems the most difficult of ancient or Oriental tongues to a Frenchman or Italian. In order to fulfil my promise that she should assist me in recording my observations and writing out my notes, I chose Latin. Unhappily for her, I found myself as impatient and unsuccessful as I was inexperienced in teaching; and nothing but her exquisite gentleness and forbearance could have made the lessons otherwise than painful to us both. Well for me that the "right to govern wrong" was to her a simple truth—an inalienable marital privilege, to be met with that unqualified submission which must have shamed the worst temper into self-control. Eivé on one occasion made a similar request; but besides that I realised the convenience of a medium of communication understood by ourselves alone, I had no inclination to expose either my own temper or Eivé's to the trial. Eveena's second request came naturally from one whose favourite amusement had been the raising and modification of flowers. She asked to be entrusted with the charge of the seeds I had brought from Earth, and to be permitted to form a bed in the peristyle for the purpose of the experiment. Though this disfigured the perfect arrangement of the garden, I was delighted to have so important and interesting a problem worked out by hands so skilful and so careful. I should probably have failed to rear a single plant, even had I been


text:
Page:Across the Zodiac (Volume 2).djvu/119

 familiar with those applications of electricity to the purpose which are so extensively employed in Mars. Eveena managed to produce specimens strangely altered, sometimes stunted, sometimes greatly improved, from about one-fourth of the seeds entrusted to her; and among those with which she was most brilliantly successful were some specimens of Turkish roses, the roses of the attar, which I had obtained at Stamboul. My admiration of her patience and pleasure in her success deeply gratified her; and it was a full reward for all her trouble when I suggested that she should send to her sister Zevle a small packet of each of the seeds with which she had succeeded. It happened, however, that the few rose seeds had all been planted; and the flowers, though apparently perfect, produced no seed of their own, probably because they were not suited to the taste of the flower-birds, and Eveena somehow forgot or failed to employ the process of artificial fertilisation.

If anything could have fully reconciled my conscience to the household relations in which I was rather by weakness than by will inextricably entangled, it would have been the certainty that by the sacrifice Eveena had herself enforced on me, and which she persistently refused to recognise as such, she alone had suffered. True that I could not give, and could hardly affect for the wives bestowed on me by another's choice, even such love as the head of a Moslem household may distribute among as many inmates. But to what I could call love they had never looked forward. But for the example daily presented before their own eyes they would no more have missed than they com-


text:
Page:Across the Zodiac (Volume 2).djvu/120

 prehended it. That they were happier than they had expected, far happier than they would have been in an ordinary home, happier certainly than in the schools they had quitted, I could not doubt, and they did not affect to deny. If my patience were not proof against vexations the more exasperating from their pettiness, and the sense of ridicule which constantly attached to them, I could read in the manner of most and understand from the words of Eunane, who seldom hesitated to speak her mind, whether its utterances were flattering or wounding, that she and her companions found me not only far more indulgent, but incomparably more just than they had been taught to hope a man could be. Of justice, indeed, as consisting in restraint on one's own temper and consideration for the temper of others, Martial manhood is incapable, or, at any rate, Martial womanhood never suspects its masters.

Moreover, though no longer blest with the spirits of youth, and finding little pleasure in what youth calls pleasure, I had escaped the kind of satiety that seems to attend lives more softly spent than mine had been; and found a very real and unfading enjoyment in witnessing the keen enjoyment of these youthful natures in such liberty as could be accorded and such amusements as the life of this dull and practical world affords.

Among these, two at least are closely similar to the two favourite pleasures of European society. Music appears to have been carried, like most arts and sciences, to a point of mechanical perfection which, I should suppose, like much of the artificial accuracy


text:
Page:Across the Zodiac (Volume 2).djvu/121

 and ease which civilisation has introduced, mars rather than enhances the natural gratification enjoyed by simpler ages and races. Almost deaf to music as distinguished from noise, I did not attempt to comprehend the construction of Martial instruments or the nature of the concords they emitted. One only struck me with especial surprise by a peculiarity which, if I could not understand, I could not mistake. A number of variously coloured flames are made to synchronise with or actually emit a number of corresponding notes, dancing to, or, more properly, weaving a series of strangely combined movements in accord with the music, whose vibrations were directly and inseparably connected with their motion. But all music is the work of professional musicians, never the occupation of woman's leisure, never made more charming to the ear by its association with the movement of beloved hands or the tones of a cherished voice. Electric wires, connected with the vast buildings wherein instruments produce what sounds like fine choral singing as well as musical notes, enable the householder to turn on at pleasure music equal, I suppose, to the finest operatic performances or the grandest oratorio, and listen to it at leisure from the cushions of his own peristyle. This was a great though not wholly new delight to Eunane and most of her companions. For their sake only would Eveena ever have resorted to it, for though herself appreciating music not less highly, and educated to understand it much more thoroughly, than they, she could derive little gratification from that which was clearly incomprehensible if not disagreeable to me—could hardly enjoy a pleasure I could not share.