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 trunk, and I think, as I wrap myself up in my two wet blankets and lean against my tree, what a good thing it is to know how to make one's self comfortable in a place like this. This tree stem is perfection, just the right angle to be restful to one's back, and one can rely all the time on Nature hereabouts not to let one get thoroughly effete from luxurious comfort, so I lazily watch and listen to Xenia and Kefalla at their fire hard by.

They commence talking to each other on their different tribal societies; Kefalla is a Vey, Xenia a Liberian, so in the interests of science I give them two heads of tobacco to stimulate their conversation. They receive them with tragic grief, having no pipe, so in the interests of science I undo my blankets and give them two out of my portmanteau; then do myself up again and pretend to be asleep. I am rewarded by getting some interesting details, and form the opinion that both these worthies, in their pursuit of their particular ju-jus, have come into contact with white prejudices, and are now fugitives from religious persecution, I also observe they have both their own ideas of happiness. Kefalla holds it lies in a warm shirt Xenia that it abides in warm trousers; and every half-hour the former takes his shirt off, and holds it in the fire smoke, and then puts it hastily on; and Xenia, who is the one and only trouser wearer in our band, spends fifty per cent. of the night on one leg struggling to get the other in or out of these garments, when they are either coming off to be warmed, or going on after warming. Those trousers of Xenia’s have something wrong about them; I don’t pretend to understand the garment, never having gone in for that sort of thing myself, but it is my belief he slings them too high, with those braces, which more Alemanni he wears. Anyhow, in season and out, they want taking off. Three mortal times to-day when on that wind- and rain-swept wall, the whole of us have been brought to a standstill by Xenia having to stand on one leg and do something to his peculiar vestments. It's a mercy he did not kill himself when he fell over while engaged in these operations among the rocks this afternoon—as it is, I see he has smashed the lantern glass again, so that I have to keep it under my blankets to


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 prevent the candle getting blown out by this everlasting N.E, wind.

There seem but few insects here. I have only got two moths to-night—one pretty one with white wings with little red spots on, like an old-fashioned petticoat such as an early Victorian-age lady would have worn—the other a sweet thing in silver.

Then a horrid smell of burning negro interrupts my writing and I have to get up and hunt it down. After some trouble I find it is a spark in cook’s hair, he sleeping the while sweetly. I rouse him, via his shins, and tell him to put himself out, and he is grateful.

My face is a misery to me, as soon as it dries it sets into a mask, and when I move it, it splits and bleeds.

(Later, i.e., 2.15 .). I have been asleep against that abominable vegetable of a tree. It had its trunk covered with a soft cushion of moss, and pretended to be a comfort—a right angle to lean against, and a softly padded protection to the spine from wind, and all that sort of thing; whereas the whole mortal time it was nothing in this wretched world but a water-pipe, to conduct an extra supply of water down my back. The water has simply streamed down it, and formed a nice little pool in a rocky hollow where I keep my feet, and I am chilled to the innermost bone, so have to scramble up and drag my box to the side of Kefalla and Xenia's fire, feeling sure I have contracted a fatal chill this time. I scrape the ashes out of the fire into a heap, and put my sodden boots into them, and they hiss merrily, and I resolve not to go to sleep again, 5 .—Have been to sleep twice, and have fallen off my box bodily into the fire in my wet blankets, and should for sure have put it out like a bucket of cold water had not Xenia and Kefalla been roused up by the smother I occasioned and rescued me—or the fire. It is not raining now, but it is bitter cold and cook is getting my tea. I give the boys a lot of hot tea with a big handful of sugar in, and they then get their own food hot.

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September 26th.—The weather is undecided and so am I, for I feel doubtful about going on in this weather, but I do not like to give up the peak after going through so much for it. The boys being dry and warm with the fires have forgotten their troubles. However, I settle in my mind to keep on, and ask for volunteers to come with me, and Bum, the head man, and Xenia announce their willingness. I put two tins of meat and a bottle of Herr Liebert's beer into the little wooden box, and insist on both men taking a blanket apiece, much to their disgust, and before six o'clock we are off over the crater plain. It is a broken bit of country with rock mounds sparsely overgrown with tufts of grass, and here and there are patches of boggy land, not real bog, but damp places where grow little clumps of rushes, and here and there among the rocks sorely-afflicted shrubs of broom, and the yellow-flowered shrub I have mentioned before, and quantities of very sticky heather, feeling when you catch hold of it as if it had been covered with syrup. One might fancy the entire race of shrubs was dying out; for one you see partially alive there are twenty skeletons which fall to pieces as you brush past them.

It is downhill the first part of the way, that is to say, the trend of the land is downhill, for be it down or up, the details


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Edelman J Steward J

The issue of jury misbehaviour was considered in Smith v Western Australia, where, following the discharge of a jury, a note was found on a table in the jury room which was in the following terms :

"I have been physically coerced by a fellow juror to change my plea to be aligned with the majority vote. This has made my ability to perform my duty as a juror on this panel [sic]."

The note raised a concern about the partiality of the allegedly affected juror. This Court applied a test for apprehended bias which had been formulated by Mason CJ and McHugh J in Webb v The Queen. The test, described as the "proper approach", was as follows :

"[T]he test to be applied in this country for determining whether an irregular incident involving a juror warrants or warranted the discharge of the juror or, in some cases, the jury is whether the incident is such that, notwithstanding the proposed or actual warning of the trial judge, it gives rise to a reasonable apprehension or suspicion on the part of a fair-minded and informed member of the public that the juror or jury has not discharged or will not discharge its task impartially."

The test of "reasonable apprehension or suspicion" that a juror has not, or the jury has not, discharged its task impartially is entirely apt where the nature of the misbehaviour or irregularity is that it might give rise to a reasonable apprehension of bias or partiality. But no conclusion could be reached on the point by this Court in Smith because the note had been prepared by an unidentified person and it was not known whether it was true that a juror had been physically coerced. A reasonable suspicion would mean that there was something with a capacity to prejudice the jury's consideration of the defendant's case. Accordingly, this Court remitted the matter to the Court of Appeal of the Supreme Court of Western Australia for further hearing and determination. The Court of Appeal conducted an inquiry into what had occurred and found that there had in fact been

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no coercion. There was, therefore, by definition, no need to inquire into whether there was any reasonable suspicion of coercion and therefore any reasonable apprehension of partiality. Had coercion, or a reasonable suspicion of coercion, been found then the "integrity of the trial process" would have been compromised. There would have been a substantial miscarriage of justice without any further inquiry into whether the coercion or reasonably suspected coercion might have affected the result.

This Court in Smith should not, however, be taken to have suggested that the only form of irregular conduct or misbehaviour by a juror or jurors that is capable of being a miscarriage of justice is that conduct which raises a reasonable apprehension or suspicion of bias or partiality or which demonstrates actual bias or partiality. The integrity of the criminal justice system is not confined to the minds of the jurors. Indeed, on one view, internet research acted upon by a juror will rarely demonstrate apprehended or actual bias or partiality, although there might be grave procedural unfairness to an accused person. For instance, it is arguable that in a trial involving an issue, and expert evidence, about the weapon used for a murder there would be no more reasonable apprehension of bias concerning a juror who conducts internet research into the nature and effect of the alleged murder weapon than there would be concerning a juror who brings that background knowledge with them to the jury room. But the use of that untested specialist knowledge by the jury would be a miscarriage of justice by a denial of procedural fairness. The test of "reasonable apprehension or suspicion" would not be apt. Nor is it apt in this case. The irregularity is clear. The question is whether, having regard to its nature and character, it has the capacity to prejudice the jury's consideration of the defendant's case and thereby result in practical injustice.

The law's great concern to secure the integrity of the jury system can be seen in the decision of the Full Court of the Supreme Court of Victoria in R v Chaouk, to which reference was made with approval in Smith. In Chaouk, whilst in the course of its deliberations, the jury adjourned overnight to

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accommodation which had been provided. The trial judge directed that the jurors were to "stay together". For that purpose, a jury keeper was to accompany each of four taxis used to transport the jurors to and from their accommodation. However, that did not take place with one taxi, which carried the foreman and three other jurors unescorted by a jury keeper. The trial judge was told about what had taken place and a submission was made that he should not "receive" the jury's verdicts of guilty. The judge inquired of the foreman whether the case had been discussed in the taxi; he was told that it had not. On that basis he declined to discharge the jury. On appeal there was held to have been a miscarriage of justice.

The decision in Chaouk was not one that was merely concerned with a lack of apprehended or actual bias or partiality of a particular jury. It was a broader, systemic, concern to ensure the integrity of a jury's verdict in that case that led to the common law rule that upon entering into deliberations there must be no communication, or risk of communication, between outsiders and the jury. In Chaouk that rule had been breached. Kaye J said :

"[I]t was not necessary or relevant to consider whether the irregularity did in fact prejudice the accused. The test for the Court where an irregularity of the nature of a transgression of the common law rule has taken place was stated by Sir John Barry in R v Hodgkinson [1954] VLR 151, at p 156 to be to make up its mind 'whether the incident was of such a character that, if the verdict is allowed to stand, justice would not appear to be done or that the incident was likely to give rise to a reasonable suspicion concerning the fairness of the trial'".

Kaye J concluded that there was a miscarriage of justice, even in the face of the answer given by the foreman to the trial judge. A reasonable bystander might well, his Honour said, have speculated as to what was said in the taxi. As a result, even if there had been no reasonable apprehension of bias or partiality of any member of the jury the infringement was a miscarriage of justice; indeed so serious

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Richard the Third, III. i

Would I be guilty of so great a sin.

Buck. You are too senseless-obstinate, my lord,

Too ceremonious and traditional:

Weigh it but with the grossness of this age,

You break not sanctuary in seizing him.

The benefit thereof is always granted

To those whose dealings have deserv'd the place

And those who have the wit to claim the place:

This prince hath neither claim'd it, nor deserv'd it;

And therefore, in mine opinion, cannot have it:

Then, taking him from thence that is not there,

You break no privilege nor charter there.

Oft have I heard of sanctuary men,

But sanctuary children ne'er till now.

Card. My lord, you shall o'er-rule my mind for once.

Come on, Lord Hastings, will you go with me?

Hast. I go, my lord.

Prince. Good lords, make all the speedy haste you may.

Say, uncle Gloucester, if our brother come,

Where shall we sojourn till our coronation?

Rich. Where it think'st best unto your royal self.

If I may counsel you, some day or two

Your highness shall repose you at the Tower:

Then where you please, and shall be thought most fit

For your best health and recreation.

Prince. I do not like the Tower, of any place:

Did Julius Cæsar build that place, my lord?

Buck. He did, my gracious lord, begin that place,

 44 senseless-obstinate: obstinate without reason

45 Too traditional: too given to standing on ceremony and precedent

46 grossness: lack of nicety; cf. n.

53 taking there: i.e. because, actually, he is not in sanctuary

56 children; cf. n.

64 some: a

65 the Tower; cf. n.

68 of any place: most of all places

69 Julius Cæsar; cf. n.

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60

Which, since, succeeding ages have re-edified.

Prince. Is it upon record, or else reported

Successively from age to age, he built it?

Buck. Upon record, my gracious lord.

Prince. But say, my lord, it were not register'd,

Methinks the truth should live from age to age,

As 'twere retail'd to all posterity,

Even to the general [all-]ending day.

Rich. [Aside.] So wise so young, they say, do never live long.

Prince. What say you, uncle?

Rich. I say, without characters, fame lives long.

[Aside.] Thus, like the formal Vice, Iniquity,

I moralize two meanings in one word.

Prince. That Julius Cæsar was a famous man;

With what his valour did enrich his wit,

His wit set down to make his valour live:

Death makes no conquest of his conqueror,

For now he lives in fame, though not in life.

I'll tell you what, my cousin Buckingham,—

Buck. What, my gracious lord?

Prince. An if I live until I be a man,

I'll win our ancient right in France again,

Or die a soldier, as I liv'd a king.

Rich. [Aside.] Short summers lightly have a forward spring.

Buck. Now, in good time, here comes the Duke of York.

Prince. Richard of York! how fares our noble brother?

 77 retail'd: handed down

78 [all-]ending day: i.e. doomsday

79 So long; cf. n.

81 characters: written documents

82 Vice, Iniquity; cf. n.

83 moralize: interpret

85 With what: that with which

94 lightly: commonly

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HE present volume of the Cambridge Medieval History covers the stormy period of about three hundred years from Justinian to Charles the Great inclusive. It is a time little known to the general reader, and even students of history in this country seldom turn their attention to any part of it but the Conversion of the English. Hence, English books are scarce—Dr Hodgkin’s Italy and her Invaders is the brilliant exception which proves the rule—and the editors have had to rely more on foreign scholars than in the former volume. Some indeed of the chapters treat of subjects on which very little has ever been written in English, such as the Visigoths in Spain, the organisation of Imperial Italy and Africa, the Saracen invasions of Sicily and Italy, and the early history and expansion of the Slavs.

Professor Diehl begins with two chapters on Justinian, one dealing with the conquest of Africa and Italy by Belisarius and Narses, and the imperial restoration in the West, the other devoted to the administration in the East—the Empress Theodora and her influence, Justinian’s buildings and diplomacy, and government civil and ecclesiastical. The city of Constantinople is reserved for the same writer in Volume IV. Dr Roby follows, with a general survey of Roman Law, of its history and growth, and of its completion by the legislation of Justinian. A survey of this kind has hardly been attempted since the famous forty-fourth chapter of Gibbon. Then Professor Pfister takes up the story of the Franks at the accession of Clovis, where he left it in the first volume, and traces the growth and decline of the Merovingian kingdom to the deposition of the last of the rois fainéants. He then follows it up with another chapter on the political and social institutions of Gaul in Merovingian times—the King, the Mayor of the Palace, the Bishop, the origin of the benefice, the state of literature and commerce. In the next chapter we turn with pr Altamira to the Visigoths in Spain, and follow their stormy history from the defeat at Vouglé, through the Councils of Toledo, to the times of Count Julian and the Saracen Conquest, and to some further discussion of Gothic law. The next writer is Dr Hartmann, who traces the early history of the Lombards and their settlement in Italy, their conversion and the story of Theodelinda. After her come Rothari and Grimoald, and the great king Liutprand, and parallel with the main narrative is traced the history of the duchies


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 -gers, or Princes of messenges, as sayth Isidore. For they holde the Principate among Angels, termed Dukes, leaders, and Princes. For vnder their order, to euery of the Angells their offices are assigned: For Archangells be aboue Angells, as it is said in Zachary, where the greater Angell sayd to the lesse: Go & teach this childe, &c. For if it were so in the office of Angells, that the greater appointed not the lower, they would not hade said so, speaking as to a man: it seemeth therefore that one Angell learneth of another. These Archangelles are oft knowen by their proper names, so that by their names, their conditions and workes be shewed. For Gabriel was sent to the holye Uirgin, to giue warning that he was comming, that should haue the victory against stends, that are called, ''Aere Potestates. Gabriel signifieth Fortitude of God. And Raphael, the Medicine of God, & was sent to Toby, and did lay medicines to Tobies eyen, & healed him of his blindnesse, and so of other, Hetherto speaketh Isidore. lib. 7. cap. 5. Gregorie'' saith: that the office of these Angelles is to teache good men, and help them of those things that concerne theyr faith, as of the comming of Gods sonne, and of his déedes and lawes. Denys faith, that it belongeth in Archangells, to shewe Prophecies to Prophets, and to put off frendes that haue mastrie buenmen, that they gréeue them no more: as it belongeth to Potestates to put off euill Angels, that they take not vpon them things that belongeth to God. Also Archangells are more worthy then the inferiour Angelles, and they be séene before other in message, because they be more perfect, so that both great and lesse, be seruiceable to the setting forth of the glorie of God: and by theyr dilygence the lower Angells are informed towarde God, as much as is possible. Also they consent in one vnitie, gathering Angelles to that chiefe Principium, in teaching of the Angells vnder them by ordinate leadings and vse, by the which it belongeth to teach and to lead the other neather. Angelles that follow. Also these Archangells be in the middes, among the orders of the neathermost. Hierarchie: and therfore they take illuminations and shinings of the higher Angells, and the same shewe and teach forth to the nether Angells: in the which Angells of all Angells, the disposition Hierarchie is perfectlye constitute, fulfilled and complete of thrée ternaries of the orders of Heauen.

¶ Of the order of Angells. Cap. 18.
The ninth and the last order of Angelles. Angelus in Greeke, Malach in Hebrewe,  in Latine: and is to vnderstande a Messenger in Englysh and in French. For Angelles were wont to come in message, and giue prophets warning of our Lordes will. Angelus is a name of office, and not of kinde: for an Angel is alwaye a spirite, and is named Angelus first; when hee is sent in message. Paynters paynt Angells with feathers and with wings, to be token theyr swifte passing and mouing, as Fables of Poettes tell that Windes haue feathers, as it is written, Hetherto be Isidores words, ''lib. 7. cap. 5.''

Denys sayth, that the Angels of the nether order, be not partners of the illuminations of higher orders: for they part not with thē, but they take part of thē. For higher Angels first take illuminations of God, & then beare they illuminations forth to the knowledge of other, and be called the first messengers: and the other be called after, and the last messengers. Also Denys saith, that Angells lifte vp or inspyre, and bring men to the knowing of GOD, and teach and informe them that they maye lyue righteouslye.

Therefore, though these Angelles haue no other lower Angelles vnder them, and are not aboue any other Angelles, not they haue vnder them the Orders of men, ouer whome they are ordayners and disposed of them.

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256 And when a full thousand years have elapsed, returning to thee thy youth I shall take back my weakness with this decrepitude.'

"Yadu replied, 'There are innumerable inconveniences in decrepitude, in respect of drinking and eating. Therefore, O king, I shall not take thy decrepitude. This is, indeed, my determination. White hair on the head, cheerlessness, a relaxation of the nerves, wrinkles all over the body, deformities, weakness of the limbs, emaciation, incapacity to work, defeat at the hands of friends and companions, these are the consequences of decrepitude. Therefore, O king, I desire not to take it. O king, thou hast many sons some of whom are dearer to thee. Thou art acquainted with the precepts of virtue: ask some other son of thine to take thy decrepitude.'

"Yayati replied, 'Thou art sprung from my heart, O son, but thou givest me not thy youth. Therefore thy children shall never be kings' And he continued, addressing another son of his, 'O Turvasu, take thou this weakness of mine along with my decrepitude. With thy youth, O son, I like to enjoy the pleasures of life. And after the expiration of a full thousand years I shall give thee thy youth, and take back from thee my weakness and decrepitude!'

"Turvasu then replied, "' [sic]I do not like decrepitude, O father! It destroyeth all appetites and enjoyments, strength and beauty of person, the intellect, and even life.' Yayati told him, 'Thou art sprung from my heart, O son! But thou givest me not thy youth. Therefore, O Turvasu, thy race shall be extinct. Wretch, thou shalt be the king of those whose practices and precepts are impure, amongst whom men of inferior blood procreate children in women of superior blood, who live on meat, who are mean, who hesitate not to appropriate the wives of their superiors, whose practices are as those of birds and beasts, who are sinful, and non-Aryan.

Visampayana said, "Yayati having thus cursed his son Turvasu then addressed Sharmishta's son Druhyu thus:—'O Druhyu, take thou for a thousand years my decrepitude destructive of complexion and personal beauty and give me thy youth. And when a thousand years have passed away I shall return thee thy youth and take back my own weakness,


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Rh and decrepitude.' To this Druhyu answered, 'O king, one that is decrepit can never enjoy elephants and cars and horses and women. Even his voice becometh hoarse. Therefore I do not desire (to take) thy decrepitude.' Yayati told him, 'Thou art sprung from my heart, O son. But thou refusest to give me thy youth. Therefore thy most cherished desires shall never be accomplished. Thou shalt be king, only in name, of that region where there are no roads for the passage of horses and cars and elephants, and good vehicles, and asses, and goats and bullocks, and palanquins; where there is swimming only by rafts and floats.' Yayati next addressed Anu and said, Thou, O Anu, take my weakness and decrepitude. I shall with thy youth enjoy the pleasures of life for a thousand years.' To this Anu replied, 'Those that are decrepit always eat like children and are always impure. They can not pour libations on Agni in proper times. Therefore I do not like to take thy decrepitude.' Yayati told him, 'Thou art sprung from my heart. Thou givest me not thy youth. Thou findest so many faults in decrepitude. Therefore shall decrepitude overcome thee. And, O Anu, thy progeny also, as soon as they attain to youth, shall die. And thou shalt also not be able to perform sacrifices before Agni.'

"Yayati at last turned to his youngest child Puru, and addressing him said, 'Thou art, O Puru, my youngest son, But thou shalt be the first of all. Decrepitude, wrinkles, and whiteness of hair have come over me in consequence of the curse of Kavya called also Usana. I have not yet, however, been satiated with youth. O Puru take thou this my weakness and decrepitude! With thy youth I shall enjoy, for some years, the pleasures of life. And when a thousand years have passed away I shall give thee thy youth and take back my own decrepitude.

Vaisampayana said, "Thus addressed by the king, Puru answered with humility, 'I shall do, O monarch, as thou biddest me. I shall take, O king, thy weakness and decrepitude. Take thou my youth and enjoy as thou listeth the pleasures of life. Covered with thy decrepitude and becoming as one old, I shall, as thou commandest, continue to live, giving to 33


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258 thee my youth,' Yayati then said, 'O Puru, I have been gratified with thee! And being gratified I tell thee that the people of thy kingdom shall have all their desires accomplished.'

"And having said this, the great ascetic Yayati, then thinking of Kavya, transferred his decrepitude unto the body of the high-souled Puru."

And thus ends the eighty-fourth Section in the Sambhava of the Adi Parva.

( Sambhava Parva continued. )

Vaisampayana said, "And the excellent monarch Yayati the son of Nahusha, having received Puru's youth, became exceedingly gratified. And with it he once more began to indulge in his favorite pursuits to the full extent of his desires and the limit of his powers, according to season, so as to derive the greatest pleasure thereformtherefrom [sic]. And, O king, in nothing that he did, he acted against the precepts of his religion as behoved him well. He gratified the gods by his sacrifices; the pitris by Sradhas; the poor by his charities; all excellent Brahmanas, by ful-filling their desire; all persons entitled to the rites of hospitality, by food and drink; the Vaisayas, by protection; and the Sudras, by kindness. And the king repressed all criminals by proper punishments. And Yayati, gratifying all sections of his subjects, protected them virtuously like another Indra. And the monarch possessed of the prowess of a lion, with youth and every object of enjoyment under control, enjoyed unlimited happiness without transgressing the precepts of religion. And the king became very happy in thus being able to enjoy all the excellent objects of his desire. And he was only sorry when he thought that those thousand years would come to an end. And having obtained youth for a thousand years, the king acquainted with the mysteries of time, and watching proper Kalas and Kashtas, sported with (the celestial damsel) Viswachi, sometimes in the beautiful gardens of Indra, sometimes in Alaka (the city of Kuvera), and sometimes on the summit of


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Rh the mountain Meru on the north. And when the virtuous monarch saw that the thousand years were full, summoning his son Puru he addressed him thus:—'O thou oppressor of the foe, with thy youth, O son, I have enjoyed the pleasures of life, each according to its season, to the full extent of my desires,—to the limit of my powers. Our desires, however, are never gratified by indulgence. On the other hand, with indulgence they only flame up like fire with libations of sacrificial butter. If a single person were owner of everything on earth,—all its yield of paddy and barley, its silver, gold, and gems, its animals and women; he would not yet be content. Thirst of enjoyment, therefore, should be: abandoned. Indeed, true happiness is theirs who have cast off their thirst for the objects of the earth,—a thirst which is difficult to be cast off by the wicked and the sinful, which faileth not with failing life, and which is truly the fatal [sic]desease of man. My heart hath for a full thousand years been fixed upon the objects of desire. My thirst for these, however, without abating, increaseth day by day. Therefore shall I cast it off, and fixing my mind on Brahma shall I pass the rest of my days with the innocent deer of the forest, peacefully and without affection for any worldly object. And, O Puru, I have been exceedingly gratified with thee! Prosperity be thine! Receive back this thy youth. Receive thou also my kingdom. Thou art, indeed, that son of mine who has done me the greatest of services.

Vaisampayana, continued; "And then Yayati, the son of Nahusha, received back his decrepitude. And his son Pura also received back his own youth. And Yayati was desirous of installing Puru his youngest son on the throne. But the four erders with the Brahmanas at their head then addressed the monarch thus:—'O king, how shalt thou bestow thy kingdom on Puru passing over thy eldest son Yadu born of and therefore the grandson of the great Sukra? Indeed, Yadu is thy eldest son; after him hath been born Turvasu; and of Sharmishta's sons, the first is Druhyu, then Anu, and then Puru. How doth the youngest deserve the throne passing all his elder brothers over? This we represent to thee: O, conform to virtuous practice!'


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Comprehensive Anti-Apartheid Act of 1986/Title I

{{SECTION|SEC. 101.|SEC. 101}}. POLICY TOWARD THE GOVERNMENT OF SOUTH AFRICA.

 * (a) United States policy toward the Government of South Africa shall be designed to bring about reforms in that system of government that will lead to the establishment of a nonracial democracy.

 * (b) The United States will work toward this goal by encouraging the Government of South Africa to—
 * (1) repeal the present state of emergency and respect the principle of equal justice under law for citizens of all races;

 * (2) release Nelson Mandela, Govan Mbeki, Walter Sisulu, black trade union leaders, and all political prisoners;

 * (3) permit the free exercise by South Africans of all races of the right to form political parties, express political opinions, and otherwise participate in the political process;

 * (4) establish a timetable for the elimination of apartheid laws;

 * (5) negotiate with representatives of all racial groups in South Africa the future political system in South Africa; and

 * (6) end military and paramilitary activities aimed at neighboring states.

 * (c) The United States will encourage the actions set forth in subsection (b) through economic, political, and diplomatic measures as set forth in this Act. The United States will adjust its actions toward the Government of South Africa to reflect the progress or lack of progress made by the Government of South Africa in meeting the goal set forth in subsection (a).

{{SECTION|SEC. 102.|SEC. 102}}. POLICY TOWARD THE AFRICAN NATIONAL CONGRESS, ETC.

 * (a) United States policy toward the African National Congress, the Pan African Congress, and their affiliates shall be designed to bring about a suspension of violence that will lead to the start of negotiations designed to bring about a nonracial and genuine democracy in South Africa.

 * (b) The United States will work toward this goal by encouraging the African National Congress and the Pan African Congress, and their affiliates; to—
 * (1) suspend terrorist activities so that negotiations with the Government of South Africa and other groups representing black South Africans will be possible;

 * (2) make known their commitment to a free and democratic post-apartheid South Africa;

 * (3) agree to enter into negotiations with the South African Government and other groups representing black South Africans for the peaceful solution of the problems of South Africa;

 * (4) reexamine their ties to the South African Communist Party.

 * (c) The United States will encourage the actions set forth in subsection (b) through political and diplomatic measures. The United States will adjust its actions toward the Government of South Africa not only to reflect progress or lack of progress made by the Government of South Africa in meeting the goal set forth in subsection 101(a) but also to reflect progress or lack of progress made by the ANC and other organizations in meeting the goal set forth in subsection (a) of this section.

{{SECTION|SEC. 103.|SEC. 103}}. POLICY TOWARD THE VICTIMS OF APARTHEID.

 * (a) The United States policy toward the victims of apartheid is to use economic, political, diplomatic, and other effective means to achieve the removal of the root cause of their victimization, which is the apartheid system. In anticipation of the removal of the system of apartheid and as a further means of challenging that system, it is the policy of the United States to assist these victims of apartheid as individuals and through organizations to overcome the handicaps imposed on them by the system of apartheid and to help prepare them for their rightful roles as full participants in the political, social, economic, and intellectual life of their country in the post-apartheid South Africa envisioned by this Act.

 * (b) The United States will work toward the purposes of subsection (a) by—
 * (1) providing assistance to South African victims of apartheid without discrimination by race, color, sex, religious belief, or political orientation, to take advantage of educational opportunities in South Africa and in the United States to prepare for leadership positions in a post-apartheid South Africa;

 * (2) assisting victims of apartheid;

 * (3) aiding individuals or groups in South Africa whose goals are to aid victims of apartheid or foster nonviolent legal or political challenges to the apartheid laws;

 * (4) furnishing direct financial assistance to those whose non-violent activities had led to their arrest or detention by the South African authorities and (B) to the families of those killed by terrorist acts such as "necklacings";

 * (5) intervening at the highest political levels in South Africa to express the strong desire of the United States to see the development in South Africa of a nonracial democratic society;

 * (6) supporting the rights of the victims of apartheid through political, economic, or other sanctions in the event the Government of South Africa fails to make progress toward the removal of the apartheid laws and the establishment of such democracy; and

 * (7) supporting the rights of all Africans to be free of terrorist attacks by setting a time limit after which the United States will pursue diplomatic and political measures against those promoting terrorism and against those countries harboring such groups so as to achieve the objectives of this Act.

{{SECTION|SEC. 104.|SEC. 104}}. POLICY TOWARD OTHER COUNTRIES IN SOUTHERN AFRICA.

 * (a) The United States policy toward the other countries in the Southern African region shall be designed to encourage democratic forms of government, full respect for human rights, an end to cross-border terrorism, political independence, and economic development.

 * (b) The United States will work towards the purposes of subsection (a) by—
 * (1) helping to secure the independence of Namibia and the establishment of Namibia as a nonracial democracy in accordance with appropriate United Nations Security Council resolutions;

 * (2) supporting the removal of all foreign military forces from the region;

 * (3) encouraging the nations of the region to settle differences through peaceful means;

 * (4) promoting economic development through bilateral and multilateral economic assistance targeted at increasing opportunities in the productive sectors of national economies, with a particular emphasis on increasing opportunities for non-governmental economic activities;

 * (5) encouraging, and when necessary, strongly demanding, that all countries of the region respect the human rights of their citizens and noncitizens residing in the country, and especially the release of persons persecuted for their political beliefs or detained without trial;

 * (6) encouraging, and when necessary, strongly demanding that all countries of the region take effective action to end cross-border terrorism; and

 * (7) providing appropriate assistance, within the limitations of American responsibilities at home and in other regions, to assist interregional transportation and other capital facilities necessary for economic growth.

{{SECTION|SEC. 105.|SEC. 105}}. POLICY TOWARD "FRONTLINE" STATES.

 * It is the sense of the Congress that the President should discuss with the governments of the African "frontline" states the effects on them of disruptions in transportation or other economic links through South Africa and of means of reducing those effects.

{{SECTION|SEC. 106.|SEC. 106}}. POLICY TOWARD A NEGOTIATED SETTLEMENT.

 * (a) (1) United States policy will seek to promote negotiations among representatives of all citizens of South Africa to determine a future political system that would permit all citizens to be full participants in the governance of their country. The United States recognizes that important and legitimate political parties in South Africa include several organizations that have been banned and will work for the unbanning of such organizations in order to permit legitimate political viewpoints to be represented at such negotiations. The United States also recognizes that some of the organizations fighting apartheid have become infiltrated by Communists and that Communists serve on the governing boards of such organizations.

 * (2) To this end, it is the sense of the Congress that the President, the Secretary of State, or other appropriate high-level United States officials should meet with the leaders of opposition organizations of South Africa, particularly but not limited to those organizations representing the black majority. Furthermore, the President, in concert with the major allies of the United States and other interested parties, should seek to bring together opposition political leaders with leaders of the Government of South Africa for the purpose of negotiations to achieve a transition to the post-apartheid democracy envisioned in this Act.

 * (b) The United States will encourage the Government of South Africa and all participants to the negotiations to respect the right of all South Africans to form political parties, express political opinions, and otherwise participate in the political process without fear of retribution by either governmental or nongovernmental organizations. It is the sense of the Congress that a suspension of violence is an essential precondition for the holding of negotiations. The United States calls upon all parties to the conflict to agree to a suspension of violence.

 * (c) The United States will work toward the achievement of agreement to suspend violence and begin negotiations through coordinated actions with the major Western allies and with the governments of the countries in the region.

 * (d) It is the sense of the Congress that the achievement of an agreement for negotiations could be promoted if the United States and its major allies, such as Great Britain, Canada, France, Italy, Japan, and West Germany, would hold a meeting to develop a four-point plan to discuss with the Government of South Africa a proposal for stages of multilateral assistance to South Africa in return for the Government of South Africa implementing—

 * (1) an end to the state of emergency and the release of the political prisoners, including Nelson Mandela;

 * (2) the unbanning of the African National Congress, the Pan African Congress, the Black Consciousness Movement, and all other groups willing to suspend terrorism and to participate in negotiations and a democratic process;

 * (3) a revocation of the Group Areas Act and the Population Registration Act and the granting of universal citizenship to all South Africans, including homeland residents; and

 * (4) the use of the international offices of a third party as an intermediary to bring about negotiations with the object of the establishment of power-sharing with the black majority.

{{SECTION|SEC. 107.|SEC. 107}}. POLICY TOWARD INTERNATIONAL COOPERATION ON MEASURES TO END APARTHEID.

 * (a) The Congress finds that—

 * (1) international cooperation is a prerequisite to an effective anti-apartheid policy and to the suspension of terrorism in South Africa; and

 * (2) the situation in South Africa constitutes an emergency in international relations and that action is necessary for the protection of the essential security interests of the United States.

 * (b) Accordingly, the Congress urges the President to seek such cooperation among all individuals, groups, and nations.

{{SECTION|SEC. 108.|SEC. 108}}. POLICY TOWARD NECKLACING.

 * It is the sense of the Congress that the African National Congress should strongly condemn and take effective actions against the execution by fire, commonly known as "necklacing", of any person in any country.

{{SECTION|SEC. 109.|SEC. 109}}. UNITED STATES AMBASSADOR TO MEET WITH NELSON MANDELA.

 * It is the sense of the Senate that the United States Ambassador should promptly make a formal request to the South African Government for the United States Ambassador to meet with Nelson Mandela.

{{SECTION|SEC. 110.|SEC. 110}}. POLICY TOWARD THE RECRUITMENT AND TRAINING OF BLACK SOUTH AFRICANS BY UNITED STATES EMPLOYERS.

 * (a) The Congress finds that—
 * (1) the policy of apartheid is abhorrent and morally repugnant;

 * (2) The United States believes strongly in the principles of democracy and individual freedoms;

 * (3) the United States endorses the policy of political participation of al citizens;

 * (4) free, open, and vital economy is a primary means for achieving social equality and economic advancement for all citizens; and

 * (5) the United States is committed to a policy of securing and enhancing human rights and individual dignity throughout the world.

 * (b) It is the sense of the Congress that United States employers operating in South Africa are obliged both generally to actively oppose the policy and practices of apartheid and specifically to engage in recruitment training of black and colored South Africans for management responsibilities.


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Rh

And the Celtic Druids investigated to the very highest point the Pythagorean philosophy, after Zamolxis, by birth a Thracian, a servant of Pythagoras, became to them the originator of this discipline. Now after the death of Pythagoras, Zamolxis, repairing thither, became to them the originator of this philosophy. The Celts esteem these as prophets and seers, on account of their foretelling to them certain [events], from calculations and numbers by the Pythagorean art; on the methods of which very art also we shall not keep silence, since also from these some have presumed to introduce heresies; but the Druids resort to magical rites likewise.

But Hesiod the poet asserts himself also that he thus heard from the Muses concerning nature, and that the Muses are the daughters of Jupiter. For when for nine nights and days together, Jupiter, through excess of passion, had uninterruptedly lain with Mnemosyne, that Mnemosyne conceived in one womb those nine Muses, becoming pregnant with one during each night. Having then summoned the nine Muses from Pieria, that is, Olympus, he exhorted them to undergo instruction:

How first both gods and earth were made, And rivers, and boundless deep, and ocean's surge,


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62 And glittering stars, and spacious heaven above;

How they grasped the crown and shared the glory,

And how at first they held the many-valed Olympus.

These [truths], ye Muses, tell me of, saith he,

From first, and next which of them first arose.

Chaos, no doubt, the very first, arose; but next

Wide-stretching Earth, ever the throne secure of all

Immortals, who hold the peaks of white Olympus;

And breezy Tartarus in wide earth's recess;

And Love, who is most beauteous of the gods immortal,

Chasing care away from all the gods and men,

Quells in breasts the mind and counsel sage.

But Erebus from Chaos and gloomy Night arose;

And, in turn, from Night both Air and Day were born;

But primal Earth, equal to self in sooth begot

The stormy sky to veil it round on every side,

Ever to be for happy gods a throne secure.

And forth she brought the towering hills, the pleasant haunts

Of nymphs who dwell throughout the woody heights.

And also barren Sea begat the surge-tossed

Flood, apart from luscious Love; but next

Embracing Heaven, she Ocean bred with eddies deep,

And Cæus, and Crius, and Hyperion, and Iapetus,

And Thia, and Rhea, and Themis, and Mnemosyne,

And gold-crowned Phoebe, and comely Tethys.

But after these was born last the wily Cronus,

Fiercest of sons; but he abhorred his blooming sire,

And in turn the Cyclops bred, who owned a savage breast."

And all the rest of the giants from Cronus, Hesiod enumerates, and somewhere afterwards that Jupiter was born of Khea. All these, then, made the foregoing statements in their doctrine regarding both the nature and generation of the universe. But all, sinking below what is divine, busied themselves concerning the substance of existing things, being


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Rh astonished at the magnitude of creation, and supposing that it constituted the Deity, each speculator selecting in preference a different portion of the world; failing, however, to discern the God and maker of these.

The opinions, therefore, of those who have attempted to frame systems of philosophy among the Greeks, I consider that we have sufficiently explained; and from these the heretics, taking occasion, have endeavoured to establish the tenets that will be after a short time declared. It seems, however, expedient, that first explaining the mystical rites and whatever imaginary doctrines some have laboriously framed concerning the stars, or magnitudes, to declare these; for heretics likewise, taking occasion from them, are considered by the multitude to utter prodigies. Next in order we shall elucidate the feeble opinions advanced by these.


text: Ante-Nicene Christian Library/The Refutation of All Heresies/Book 1


text: Ante-Nicene Christian Library/The Refutation of All Heresies


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Evance, Thomas (1)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Evans, Thomas (9)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Evans, Thomas (10)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Evans, Thomas (11)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Evans, Thomas (12)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Evans, Thomas (13)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Evans, Thomas (14)


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


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Evans, Thomas (15)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Evans, Thomas (16)


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142 from the lions." In reply to him, it has, says he, been declared, "Israel, thou art my child: fear not; even though thou passest through rivers, they shall not drown thee; even though thou passest through fire, it shall not scorch thee." By rivers he means, says he, the moist substance of generation, and by fire the impulsive principle and desire for generation. "Thou art mine; fear not." And again, he says, "If a mother forget her children, so as not to have pity on them and give them food, I also will forget you." Adam, he says, speaks to his own men: "But even though a woman forget these things, yet I will not forget you. I have painted you on my hands." In regard, however, of his ascension, that is his regeneration, that he may become spiritual, not carnal, the Scripture, he says, speaks [thus]: "Open the gates, ye who are your rulers; and be ye lift up, ye everlasting doors, and the King of glory shall come in," that is a wonder of wonders. "For who," he says, "is this King of glory? A worm, and not a man; a reproach of man, and an outcast of the people; himself is the King of glory, and powerful in war."

And by war he means the war that is in the body, because its frame has been made out of hostile elements; as it has been written, he says, "Remember the conflict that exists in the body." Jacob, he says, saw this entrance and this gate in his journey into Mesopotamia, that is, when from a child he was now becoming a youth and a man; that is, [the entrance and gate] were made known unto him as he journeyed into Mesopotamia. But Mesopotamia, he says, is the current of the great ocean flowing from the midst of the Perfect Man; and he was astonished at the celestial gate, exclaiming, "How terrible is this place! it is nought else than the house of God, and this [is] the gate of heaven." On account of this, he says, Jesus


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 advise every scholar, who feels the genial power working within him, so far to make a division between the two, as that he should devote his talents to the acquirement of competence in some known trade or profession, and his genius to objects of his tranquil and unbiassed choice; while the consciousness of being actuated in both alike by the sincere desire to perform his duty, will alike ennoble both. My dear young friend (I would say) "suppose yourself established in any honourable occupation. From the manufactory or counting-house, from the law-court, or from having visited your last patient, you return at evening,

to your family, prepared for its social enjoyments, with the very countenances of your wife and children brightened, and their voice of welcome made doubly welcome, by the knowledge that, as far as they are concerned, you have satisfied the demands of the day by the labor of the day. Then, when you retire into your study, in the books on your shelves you revisit so many venerable friends with whom you can converse. Your own spirit scarcely less free from personal anxieties than the great minds, that in those books are still living for you! Even your writing desk with its blank paper and all its other implements will appear as a


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138 Turning to my lecture, if you are rich enough, make some provision for your wife by assigning to her, by will or gift, a decent amount of money. But never give her full command over it; she would otherwise spend it in no time. Invest that money in Government paper or in a trustworthy bank and give her the right to enjoy the interest of that amount for her lifetime. You must always have forethought for her future. Though she would get an allowance from the estate if she survives you, she should yet have some money of her own.

You had better also make similar provision on a smaller scale for your married daughter. As for 9 girl's training, I have already told you in my previous lecture how this should be done. You must treat your daughter-in-law and your younger brother's wife just like your daughter. Provide them with jewels and


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139 other valuables as costly as those in the possession of your wife. There is a very good Hindu saying as to the kind of ladies to be respected. The following ladies have to be respected:—(1) an elder sister; (2) an elderbrother's wife; (3) a wife's mother; (4) the sisters of parents; (3) the wives of paternal and maternal uncles; (6) the king's or master's wife; (7) and the wife of a priest or a teacher.

The general rule is that one should greet as superiors all his elder relatives, male or female. But your position requires that you should exceed the requirements of the general rule. There may be various special customs in use among different classes and castes. As I am unacquainted with these, I give the custom observed in my own house. All the elders that are born in my family, and all the female elders that are married into my family are to be saluted.


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140 The meaning of the salutation may not be understood by those that are not Hindus. It is a special sort of reverence shown in person to one's elders on certain occasions or in letters only. It is something more than a wish, a bow, or a salaam, such as are greetings in society when persons meet or part from one another.

I think it is necessary for me to say a few words for the younger brothers of a Zamindar. They should always be obedient to the eldest brother, whether the ancestral property, movable or immovable, has been divided amongst them or not. They must never think of appearing to be higher in position than the eldest. I know a certain Zamindar who had two brothers. The estate being impartible, all the movable property was equally divided among them. One of the two younger brothers, unfortunately, desired to show himself equal to the Zamindar or even to exceed


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141 him, and increased his establishment considerably, to provide himself with ail the necessary equipments of a Zamindar. He also foolishly began to build a fine palace higher than the highest building in his eldest brother the Rajah's palace. Not satisfied with the above foolish extravagance, he wanted to get a better name than the Zamindar, and squandered his money indiscriminately in what his fancy took for charity. Consequently he wasted his property in a very short time. On the other hand, the other brother built a nice, comfortable and convenient palace and never attempted to maintain an establishment suitable for a Rajah. He therefore increased his resources and flourished exceedingly. As the Zamindar is a great friend of mine, I know the whole affair well; and I cannot give a better example of extravagance on the one hand, and prudence on the other, than the younger brothers of this Zamindar.


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 If the estate is a partible one, the younger brothers get equal shares with the eldest from the estate, and they may lead a life similar to that of the eldest brother; but they must not imitate another Zamindar who is better off than themselves. I know well a Zamindar, owner of one of the portions of a divided estate, who spent about three lakhs of rupees on his installation ceremony. I don't think his grandfather or his eldest uncle who were the owners of the estate in its undivided state would have spent more than ten or, at the most, twenty thousand rupees on such ceremonies. But this Zamindar spent about three lakhs of rupees on the same sort of ceremony without thinking of his position and of the extent of his portion. Such an one, I mean the owner of a partible estate, has no right whatever to such a ceremony, because after a few generations his estate will have been split up into such small portions that


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 chain of flowers, capable of linking your feelings as well as thoughts to events and characters past or to come; not a chain of iron, which binds you down to think of the future and the remote by recalling the claims and feelings of the peremptory present. But why should I say retire? The habits of active life and daily intercourse with the stir of the world will tend to give you such self-command, that the presence of your family will be no interruption. Nay, the social silence, or undisturbing voices of a wife or sister will be like a restorative atmosphere, or soft music which moulds a dream without becoming its object. If facts are required to prove the possibility of combining weighty performances in literature with full and independent employment, the works of Cicero and Xenophon among the ancients; of Sir Thomas Moore, Bacon, Baxter, or to refer at once to later and cotemporary instances, Author:Erasmus Darwin and Author:William Roscoe, are at once decisive of the question.

But all men may not dare promise themselves a sufficiency of self-controul for the imitation of those examples: though strict scrutiny should always be made, whether indolence, restlessness, or a vanity impatient for immediate gratification, have not tampered with the judgement and assumed the vizard of humility for the purposes of self-delusion. Still the church


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143 his descendants will Jose the status and prestige of the family.

Again, if the estate is an impartible one, the younger brothers get a fair amount of money from the estate as a monthly allowance. They must make it a rule that their entire expenditure must be below that amount and "cut their coat according to their cloth."

Home to those who have a happy home is "Sweet home." It is one of the blessings bestowed upon man. "Family love, and the love of home, is one of the purest and noblest feelings which stir the human heart." There is nothing we admire more at home than the goodness of a father, the affection and love of a mother, and the unselfishness and friendship of brothers and sisters. Such is the happiness in every sweet home. Our home is the highest of the kind, because our homes are "homes of comfort and prosperity, homes of honour


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144 and respect, homes of high duty and wide opportunity." Therefore we must be very grateful to the Almighty for having bestowed on us such homes.


text:
Author:Paul DeWitt Twinem

Works

 * A New Brotherhood in The China Recorder (November 1923)
 * From Purple Mountain on Tsing Ming in The China Journal of Science and Arts (July 1924)
 * Modern Syncretic Religious Societies in China. I in The Journal of Religion (September 1925)
 * Modern Syncretic Religious Societies in China. II in The Journal of Religion (November 1925)

title: Author:Paul DeWitt Twinem


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 presents to every man of learning and genius a profession, in which he may cherish a rational hope of being able to unite the widest schemes of literary utility with the strictest performance of professional duties. Among the numerous blessings of christianity, the introduction of an established church makes an especial claim on the gratitude of scholars and philosophers; in England, at least, where the principles of Protestantism have conspired with the freedom of the government to double all its salutary powers by the removal of its abuses.

That not only the maxims, but the grounds of a pure morality, the mere fragments of which

and that the sublime truths of the divine unity and attributes, which a Plato found most hard to learn and deemed it still more difficult to reveal; that these should have become the almost hereditary property of childhood and poverty, of the hovel and the workshop; that even to the unlettered they sound as common place, is a phenomenon, which must withhold all but minds of the most vulgar cast from undervaluing the services even of the pulpit and the reading desk. Yet those, who confine


text: Advice to the Indian Aristocracy/Chapter 17


text: Advice to the Indian Aristocracy/Chapter 18


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 the efficiency of an established church to its public offices, can hardly be placed in a much higher rank of intellect. That to every parish throughout the kingdom there is transplanted a germ of civilization; that in the remotest villages there is a nucleus, round which the capabilities of the place may crystallize and brighten; a model sufficiently superior to excite, yet sufficiently near to encourage and facilitate, imitation; this, the inobtrusive, continuous agency of a protestant church establishment, this it is, which the patriot, and the philanthropist, who would fain unite the love of peace with the faith in the progressive amelioration of mankind, cannot estimate at too high a price. "It cannot be valued with the gold of Ophir, with the precious onyx, or the sapphire. No mention shall be made of coral or of pearls: for the price of wisdom is above rubies." The clergyman is with his parishioners and among them; he is neither in the cloistered cell, or in the wilderness, but a neighbour and a family-man, whose education and rank admit him to the mansion of the rich landholder, while his duties make him the frequent visitor of the farm-house and the cottage. He is, or he may become, connected with the families of his parish or its vicinity by marriage. And among the instances of the blindness, or at best of the short-sightedness,


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 which it is the nature of cupidity to inflict, I know few more striking, than the clamors of the farmers against church property. Whatever was not paid to the clergyman would inevitably at the next lease be paid to the landholder, while, as the case at present stands, the revenues of the church are in some sort the reversionary property of every family, that may have a member educated for the church, or a daughter that may marry a clergyman. Instead of being foreclosed and immovable, it is in fact the only species of landed property, that is essentially moving and circulative. That there exist no inconveniences, who will pretend to assert? But I have yet to expect the proof, that the inconveniences are greater in this than in any other species; or that either the farmers or the clergy would be benefited by forcing the latter to become either Trullibers, or salaried placemen. Nay, I do not hesitate to declare my firm persuasion, that whatever reason of discontent the farmers may assign, the true cause is this; that they may cheat the parson, but cannot cheat the steward; and that they are disappointed, if they should have been able to withhold only two pounds less than the legal claim, having expected to withhold five. At all events, considered relatively to the encouragement of learning and genius, the establishment presents a patronage at once so effec-


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 tive and unburthensome, that it would be impossible to afford the like or equal in any but a christian and protestant country. There is scarce a department of human knowledge without some bearing on the various critical, historical, philosophical and moral truths, in which the scholar must be interested as a clergyman; no one pursuit worthy of a man of genius, which may not be followed without incongruity. To give the history of the bible as a book, would be little less than to relate the origin or first excitement of all the literature and science, that we now possess. The very decorum, which the profession imposes, is favorable to the best purposes of genius, and tends to counteract its most frequent defects. Finally, that man must be deficient in sensibility, who would not find an incentive to emulation in the great and burning lights, which in a long series have illustrated the church of England; who would not hear from within an echo to the voice from their sacred shrines,

But whatever be the profession or trade chosen, the advantages are many and important, compared with the state of a mere literary man, who in any degree depends on the sale of his works for the necessaries and comforts of life. In the former a man lives in sympathy with the world, in which he lives. At least he


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 acquires a better and quicker tact for the knowledge of that, with which men in general can sympathize. He learns to manage his genius more prudently and efficaciously. His powers and acquirements gain him likewise more real admiration; for they surpass the legitimate expectations of others. He is something besides an author, and is not therefore considered merely as an author. The hearts of men are open to him, as to one of their own class; and whether he exerts himself or not in the conversational circles of his acquaintance, his silence is not attributed to pride, nor his communicativeness to vanity. To these advantages I will venture to add a superior chance of happiness in domestic life, were it only that it is as natural for the man to be out of the circle of his household during the day, as it is meritorious for the woman to remain for the most part within it. But this subject involves points of consideration so numerous and so delicate, and would not only permit, but require such ample documents from the biography of literary men, that I now merely allude to it in transitu. When the same circumstance has occurred at very different times to very different persons, all of whom have some one thing in common; there is reason to suppose that such circumstance is not merely attributable to the persons concerned, but is in some measure occasioned


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 by the one point in common to them all. Instead of the vehement and almost slanderous dehortation from marriage, which the Misogyne, Boccaccio (Vita e Costumi di Dante, p.12, 16) addresses to literary men, I would substitute the simple advice: be not merely a man of letters! Let literature be an honourable augmentation to your arms; but not constitute the coat, or fill the escutchion!

To objections from conscience I can of course answer in no other way, than by requesting the youthful objector (as I have already done on a former occasion) to ascertain with strict self-examination, whether other influences may not be at work; whether spirits, "not of health," and with whispers "not from heaven," may not be walking in the twilight of his consciousness. Let him catalogue his scruples, and reduce them to a distinct intelligible form; let him be certain, that he has read with a docile mind and favorable dispositions the best and most fundamental works on the subject; that he has had both mind and heart opened to the great and illustrious qualities of the many renowned characters, who had doubted like himself, and whose researches had ended in the clear conviction, that their doubts had been groundless, or at least in no proportion to the counter-weight. Happy will it be for such a man, if among his contemporaries elder than himself he should meet with one, who with


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 similar powers, and feelings as acute as his own, had entertained the same scruples; had acted upon them; and who by after-research (when the step was, alas! irretrievable, but for that very reason his research undeniably disinterested) had discovered himself to have quarrelled with received opinions only to embrace errors, to have left the direction tracked out for him on the high road of honorable exertion, only to deviate into a labyrinth, where when he had wandered, till his head was giddy, his best good fortune was finally to have found his way out again, too late for prudence though not too late for conscience or for truth! Time spent in such delay is time won: for manhood in the mean time is advancing, and with it increase of knowledge, strength of judgement, and above all, temperance of feelings. And even if these should effect no change, yet the delay will at least prevent the final approval of the decision from being alloyed by the inward censure of the rashness and vanity, by which it had been precipitated. It would be a sort of irreligion, and scarcely less than a libel on human nature to believe, that there is any established and reputable profession or employment, in which a man may not continue to act with honesty and honor; and doubtless there is likewise none, which may not at times present temptations to the contrary. But woefully will that man find himself mistaken, who imagines that


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 the profession of literature, or (to speak more plainly) the trade of authorship, besets its members with fewer or with less insidious temptations, than the church, the law, or the different branches of commerce. But I have treated sufficiently on this unpleasant subject in an early chapter of this volume. I will conclude the present therefore with a short extract from Author: Johann Gottfried von Herder, whose name I might have added to the illustrious list of those, who have combined the successful pursuit of the muses, not only with the faithful discharge, but with the highest honors and honorable emoluments of an established profession. The translation the reader will find in a note below. "Am sorgfältigsten, meiden sie die Autorschaft. Zu früh oder unmässig gebraucht, macht sie den Kopf wüste und das Herz leer; wenn sie auch sonst keine uble Folgen gäbe. Ein Mensch, der nur lieset um zu drücken, lieset wahrscheinlich übel; und wer jeden Gedanken, der ihm aufstosst, durch Feder und Presse


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 versendet, hat sie in kurzer Zeit alle versandt, und wird bald ein blosser Diener der Druckerey, ein Buchstabensetzer werden. .


text:
Author:James Bissett Pratt

Works

 * Why Do Religions Die? in The Journal of Religion (January 1921)

title: Author:James Bissett Pratt


text: Biographia Literaria; or, Biographical Sketches of My Literary Life and Opinions/Volume 1/Chapter 11


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 things; and that motion where it is common, is as if it never were; and as you change not habitude to the Terrestrial Poles (habitude I say, whether that they rise, or descend) so neither shall you change position to the Poles imagined in Heaven; alwayes provided that by Celestial Poles we understand (as hath been already defined) those two points that come to be marked out by the prolongation of the Terrestrial Axis unto that length. Tis true those points in Heaven do change, when the Earths transportment is made after such a manner, that its Axis cometh to passe by other and other points of the immoveable Celestial Sphere, but our habitude thereunto changeth not, so as that the second should be more elevated to us than the first. If any one will have one of the points of the Firmament, which do answer to the Poles of the Earth to ascend, and the other to descend, he must walk along the Earth towards the one, receding from the other, for the transportment of the Earth, and with it us our selves, (as I told you before) operates nothing at all.

Permit me, I beseech you Salviatus, to make this a little more clear by an example, which although grosse, is acommodated to this purpose. Suppose your self, Simplicius, to be aboard a Ship, and that standing in the Poope, or Hin-deck; you have directed a Quadrant, or some other Astronomical Instrument, towards the top of the Top-gallant-Mast, as if you would take its height, which suppose it were v. gr. 40. degrees, there is no doubt, but that if you walk along the * Hatches towards the Mast 25. or 30. paces; and then again direct the said Instrument to the same Top-Gallant-Top. You shall find its elevation to be greater, and to be encreased v. gr. 10. degrees; but if instead of walking those 25. or 30. paces towards the Mast, you stand still at the Sterne, and make the whole Ship to move thitherwards, do you believe that by reason of the 25. or 30. paces that it had past, the elevation of the Top-Gallant-Top would shew 10. degrees encreased?

I believe and know that it would not gain an hairs breadth in the passing of 30. paces, nor of a thousand, no nor of an hundred thousand miles; but yet I believe withal that looking through the sights at the Top and Top-Gallant, if I should find a fixed Star that was in the same elevation, I believe I say, that, holding still the Quadrant, after I had sailed towards the star 60. miles, the eye would meet with the top of the said Mast, as before, but not with the star, which would be elevated to me one degree.

Then you do not think that the sight would fall upon that point of the Starry Sphere, that answereth to the direction of the Top-Gallant Top?


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Official Languages Act

 * Official Languages Act, 1963 (Act 19 of 1963), an Indian Act that declares Hindi and English as the official languages of India
 * Official Languages Act 2003 (No. 32 of 2003), an Irish Act that declares Irish and English as the official languages of Ireland

title: Official Languages Act


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 No: For the point would be changed, and would be beneath the star first observed.

You are in the right. Now like as that which in this example answereth to the elevation of the Top-Gallant-Top, is not the star, but the point of the Firmament that lyeth in a right line with the eye, and the said top of the Mast, so in the case exemplified, that which in the Firmament answers to the Pole of the Earth, is not a star, or other fixed thing in the Firmament; but is that point in which the Axis of the Earth continued streight out, till it cometh thither doth determine, which point is not fixed, but obeyeth the mutations that the Pole of the Earth doth make. And therefore Tycho, or who ever else that did alledg this objection, ought to have said that upon that same motion of the Earth, were it true, one might observe some difference in the elevation and depression (not of the Pole, but) of some fixed star toward that part which answereth to our Pole.

I already very well understand the mistake by them committed; but yet therefore (which to me seems very great) of the argument brought on the contrary is not lessened, supposing relation to be had to the variation of the stars, and not of the Pole; for if the moving of the Ship but 60. miles, make a fixed star rise to me one degree, shall I not find alike, yea and very much greater mutation, if the Ship should sail towards the said star for so much space as is the Diameter of the Grand Orb, which you affirm to be double the distance that is between the Earth and Sun?

Herein Simplicius, there is another fallacy, which, truth is, you understand, but do not upon the sudden think of the same, but I will try to bring it to your remembrance: Tell me therefore; if when after you have directed the Quadrant to a fixed star, and found v. g. its elevation to be 40. degrees, you should without stirring from the place, incline the side of the Quadrant, so as that the star might remain elevated above that direction, would you thereupon say that the star had acquired greater elevation?

Certainly no: For the mutation was made in the Instrument and not in the Observer, that did change place, moving towards the same.

But if you sail or walk along the surface of the Terrestrial Globe, will you say that there is no alteration made in the said Quadrant, but that the same elevation is still retained in respect of the Heavens, so long as you your self do not incline it, but let it stand at its first constitution?

Give me leave to think of it. I would say without more ado, that it would not retain the same, in regard the pro-


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 simply set it down, as he found it, a matter of fact; and but for your acute scent of a weak part, it might have remained unnoticed. No evil could have arisen from his simple statement of the fact. You, indeed, may possibly perplex men's minds, little prepared as they are for the discussion of the point, by confounding it with a popish superstition (which Calvin did not do), and thereby giving arms to opponents of our Church: it is ours to vindicate the early Church and our reformers.

It is, meanwhile, not a little remarkable that the main position of this tract which you have selected for censure, is precisely that incidentally, maintained by the learned Archbishop Wake, of whose soundness never was any doubt in the Church. The position was;

Archbishop Wake says in like manner (Dissert, on the Apostolical Fathers, c. ix. § 20.):—

Nor even in these last days, has "prayer for God's departed servants" been by well-instructed writers confounded with purgatory. The following passage evidently proceeds from the heart of one, whom no one will accuse of a blind adherence to the antient Church (Short's History of English Church, § 15):

"To pray for the dead was the dictate of human nature, and the

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 practice of the early Church, and no reasonable Christian will blame Dr. Johnson for the cautious manner in which he mentions his mother in his prayers; but in the hands of the Church of Rome this feeling was soon directed to the uuscriptural object of delivering the souls of departed friends from purgatory, and the practice converted into a source of profit to the priesthood.—There is no necessary connection between praying for the dead, and the belief in purgatory. The Greek church, for instance, prays for the dead, without admitting any idea of purgatory. Prayers and oblations for the dead were probably established in England from the first, and a short form of prayer to that effect is inserted in the Canons of Cloveshoo; with regard to the latter doctrine, the Saxon homilists generally refer to the awards of a final judgment, though traditional notices exist, in which there appears to be at first an indistinct, but afterwards more clear reference to purgatory.—Later writers, and among the rest Alfred, adopted the popular notions of purgatory, which were still very different from the opinions on that subject established as articles of Faith by the councils of Florence and Trent."

Take again the following full statement of another writer, who seems, certainly, over-anxious to vindicate the purity of the foreign ultra- Protestants, against Romish assailants, and so is obviously free from bias. It is from the vindication of the learned Dr. Field, against a Romish controversialist, who it seems had set you an example which you have faithfully followed, "drawing me," Dr. F. says, "into the defence of that he knoweth I impugn."

"In the fourth place he saith: I accept the rule of St. Augustine, that whatsoever is frequented by the universal Church, and was not instituted by Councils, but was always holden, that is believed most rightly to be an Apostolical tradition. And that liberally I add, that whatsoever all, or the most famous or renowned in all ages (or at least in divers ages) have constantly delivered, as received from them that went before them, no man doubting, or contradicting it, may be thought to be an apostolical tradition. Whence he thinketh he may conclude inevitably by my allowance that prayer for the dead may be thought to be an Apostolical tradition, many famous and renowned Fathers in divers ages mentioning Prayer for the Dead, and none disliking or reproving it. For answer whereunto I say; that prayer for the resurrection, public acquittal in the day of judgment, and bliss of them that are fallen asleep, in the sleep of death, is an Apostolical tradition, and so proved by the rule of St. Augustine, and that other added by me; as likewise prayer made respectively to the passage hence, and entrance into the other world: and hereof there is no controversy between us, and our adversaries, but prayer to ease, miti-

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 gate, suspend, or wholly take away the pains of any of them that are in hell, or to deliver men out of the supposed purgatory of Papists, hath no proof from either of these rules, as shall appear by that which followeth: and, therefore, this poor novice hath not yet learned his lesson aright, nor knoweth what it is he is to prove. But if he will be content to be informed by me, the thing he must prove (if he desire to gratify his new masters, and to maintain the Romish cause) is, that all the Fathers, or the most famous amongst them, from the beginning of Christianity, did in the several ages wherein they lived, teach men to pray for the deliverance of their friends and brethren, out of the pains of Purgatory; which, if he will undertake to do, he must bring some better proofs, than such as are taken from the mutual dependance and conjunction of Purgatory, and prayer for the dead, which yet principally he seemeth to urge. For many Catholic Christians (whom this gentleman must not condemn) made prayers for such, as they never deemed to be in Purgatory. Neither did the ancient Catholic Church (as he fondly imagineth) in her prayers and oblations for the dead, intend to relieve souls temporally afflicted in a penal estate; but in her general intention (whatsoever private conceits particular men had) desired only the resurrection, public acquittal, and perfect consummation and blessedness of the departed, and respectively to the passage hence, and entrance into the other world, the utter deletion, and full remission of their sins, the perfect purging out of sin, being in, or immediately upon the dissolution in the last instant of this life, and the first of the next, and not while the soul and body remain conjoined. This is strongly proved, because the most ancient amongst the Fathers make but two sorts of men dying, and departing out of this world, the one sinners, the other righteous; the one profane, the other holy: so Dionysius in his Hierarchy; so Epiphanius against Arius; so Ambrose in his Book de Bono Mortis; and Cyril of Jerusalem in his Catechism; and all of them teach, that the souls of the just are in a joyful, happy, and good estate, and present with God in an excellent sort, immediately upon their dissolution, and departure hence. 'The falling asleep of the holy ones,' saith Dionysius, 'is in joy and gladness, and immoveable hope, because they are come to the end of their combats; and again, they know they shall altogether be partakers of the rest of Christ, being come to the end and bound of this life: so that they are filled with holy joy and gladness, and with great delight and pleasure, enter the way of the most happy regeneration.

And now I would venture to ask any Clergyman, I would even appeal to yourself, if a Parochial Minister, whether, when you have heard of the death of one of your flock, of whom you hoped well, your first impulse has not been to pray to God to make up to the departed whatever had been deficient in your ministrations? whether (as Luther did) you have not prayed for the perfecting and increased blessedness of a departed

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 friend or relation, even though you have subsequently checked yourself? whether you did not find a comfort from that prayer? and whether this dictate of human nature, warranted as it is by the early Church, and distinct from the Romish error, may not after all be implanted by the God of nature—may not be the voice of God within us? If this be but possible, is this a subject to be treated lightly? Are "prayer" and "the souls of God's departed saints" fit topics for a jest?

One word more on a connected subject; you represent the writers as dissatisfied with the changes formerly made in the services, and wishing to introduce others more conformable to the ritual of Rome. (p. 12.)

This (as I have already in part shown) is not so; for, first, you have (as is your wont) confounded the primitive with the Romish ritual: secondly, we never have, nor do we wish for any alteration in the liturgy of our Church; we bless God that our lot has fallen in her bosom,—that He has preserved in her the essentials of primitive doctrine and a liturgy so holy; and although I cannot but think its first form preferable, alteration is out of the question: and as we claim to have our own consciences respected, and not to have any doctrines suppressed which the formularies of our Church now express, so, even if we had the power of change, would we respect the consciences of others, and not urge upon our superiors, or seek for support in behalf of the restitution of that more antient form, which we hold abstractedly the better.

The whole course of the Tracts has, as you know, and yourself reproach us with, been against innovation; how, then, is it honest in your assumed character, to give us the following advice;—

as if we had ever had any such wish?

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 I may yet add another instance of the risk, which (for want of better acquaintance with our old divines) you run of involving unawares in your censures those giants of old times, against whom, for very shame, a modern should not open his mouth, while you think you are only attacking men of modern days like yourself,.

Every system of theology, as indeed every tendency of mind, every good disposition, every performance of religious duty, has its dangers, the danger of degenerating; and so, of necessity, has Protestantism. One of the writers of the Tracts brought forward some of these in warning, especially the tendency to require too rigid argumentation, explicit proof, and not to yield to conviction until compelled. The Romanist is too easy of belief, believes on false grounds; the tendency of the Protestant is, to be over-difficult of belief, not to believe on sufficient and true grounds. This was illustrated by reference to the prevailing feelings in some quarters with regard to episcopacy; and it was shown, that the same principle would, consistently extend not only to infant baptism, but to a case of

It certainly was not any common mind, which saw how a principle, now so commonly avowed in the instance of episcopacy, will, when carried out, ultimately affect men's belief in the highest doctrines of the faith: it was also popular ground to take, and a great temptation, to represent these writers, as weakening the evidence for the doctrine of the Trinity—and

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 you have fallen into it. I must own that I do not understand all which your words would insinuate; but the tone of triumph in which it is announced, implies that you have found, in your opinion, a weak point. You call it (p. 37, 38.)

you tell us,

But what, then, if this statement, for which its author is thus assailed, occur in the writings of those who have been ever regarded as great lights of our Church, and that, in relation to the same subjects? Your irony will reach rather further than you intended.

I will cite two only, Hooker and Bp. Beveridge.

Hooker then says (Eccl. Pol. i. 41.),

Bp. Beveridge is much fuller, speaks upon the whole subject, and yet it would be difficult to point out any difference between his statements and those of the Tracts. The passage is part of the Preface to his learned Essay on the Canons of the Primitive Church:

"Yet, indeed, this holy Scripture, although in those precepts which are absolutely necessary to the salvation of every man, it be very clear and plain to all; yet in things relating to doctrine and the outward discipline

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 others, when we have it not ourselves? And when we are made Slaves ourselves, how can they, whom we are pretended to govern, be free? It is plain enough, that they, who by Force heretofore drove us out of this House, and now by Force compel us to sit in it again, do not doubt but they shall easily force us to do what they please, which is not like to make much for the Liberty of the People; since that, and the Power, which these Men have taken upon them, are utterly inconsistent.

But suppose, they should give us leave to act freely, yet how can that be called Liberty, which is imposed upon the People, wholly


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The provisions of this Chapter are intended to serve as guidelines for enactment of laws and formation of policy and create no right to sue the State.

The State should maintain the independence and integrity of its territory.

The State should promote relationships with all countries and uphold the principle of equal treatment.

The State should cooperate with all countries in maintaining international justice and sustaining the peace of the world.

The State should organise the system of public services and other work of the State in an efficient manner and should make every effort to prevent and suppress undue exploitation thereof.

The State should organise the judicial process in a manner that brings about justice to the public and guarantees the principle of judicial independence.

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 against their Will and Consent? For with what Forehead can we pretend to the Consent of the People, when we act under the Power of those, who have bereft them of their free Voices; that have so often offered Violence to their Representatives, in whom their Consent was lodged; and so lately turned them out of this House? But though we had the general Consent, and an uncontrouled Authority to establish a free Government; yet how is it possible for the Wit of Man to contrive any thing, that shall agree with so many different and repugnant Spirits and Interests, though we should


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 have no Regard but to those, who believe we are only bound to consider them? Do what we can, that which is a free Government to one Party will be Tyranny to another; and that which some call Liberty, to others will be Slavery; where every slight Faction and trivial Sect calls itself the Public, and would have no Consideration had of any thing, but itself; where every Man can teach us how to govern, but no body knows how to obey. He, that once brought a savage People to civility, and for the difficulty of the Work is said to have charmed Stones, and made them build themselves into a Wall, had such a Kind of Task as we have; for every Stone we are to use, is a Master-builder, and can instruct us to do our Work, and, if we will be ruled by them, to perform Impossibilities. For what is it else to settle any Thing, that shall please those, who can endure nothing that is settled; whom Conscience, that restrains other Men, lets loose to all Licentiousness, and whose Religion persuades them to be obliged to nothing; who, if we should grant all they can propose to us to-Day, would to-Morrow, upon change of Light, renounce it?


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 But alas! we need not trouble our selves with these Matters; for they are not the Business, for which we are call'd hither, but directly contrary to it; and if we be so vain to think otherwise, and shall but offer to settle any Government, wherein the common. Right and Freedom of the Nation may be secured against the licentious Interests of the Army, we shall quickly find ourselves mistaken to our own Cost, and be baffled and hectored, as we have formerly been for the same Reason in this very Place. For no Man can be so ignorant as not to know, that, from the Treaty at the Isle of Wight to the last Parliament, there has never any Settlement of the Nation been attempted, wherein Regard has been had to the antient Laws and Rights of the People, but they have presently pronounced it a Backsliding from the good old Cause, and most barbarously by Violence put an end to it; nor will they ever do otherwise, or suffer any Thing to be established, but the Distractions, which they intend to make their own Freehold, that the Nation may be kept under the Power of the Sword, and that in their own Hands.


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 The military forces should be maintained as appropriate for the necessity of the maintenance of national independence, security, and interests.

The military forces belong to the Nation. They are not subject to any private person or body of persons.

The military forces should be used for fighting or war, for protecting the monarchy, for suppressing insurrections and riots, for maintaining the security of the State, and for national development.

The use of the military forces for other purposes shall be in accordance with the provisions of law.

The State should maintain the law and order in order to allow the people to enjoy safety in their lives, bodies, and property and to live peacefully.

The State should promote and nourish education.

It is the specific duty of the State to organise the education system. All educational institutions are under the supervision of the State.

In the higher level of education, the State should enable educational institutions to operate their own affairs within the bounds prescribed by the law.

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 saw all the horses & most of the cattle. Self felling poles, & mending hurdles near, & at home, as many natives are in the vicinity, & many strangers with them.

SEPT. 24.

Hunting stock, & preparing timber etc. McC employed with a few little affairs of his own. It was quite as well we were all at home most of the time day, as the natives mustered pretty strong.

SEPT. 25.

Sunday.

SEPT. 26.

SEPT. 27.

Lewington came up from "Mystery", & McC & I went down.

SEPT. 28.

Went on board "Mystery" in outer harbour & got goods on shore, found flat, too leaky to bring them up, so had to return for dinghy. Leaving McC & Taylor in "Mystery", left Harry in charge.

SEPT. 29.

Started dinghy dawn, waited till first load arrived, & returned home.

SEPT. 30.

Repaired dray & sent Lewington for stores. A after horses & cattle.


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 Educational institutions of the State and local governments should treat persons with equality in admitting them into education on the basis of their abilities.

In educational institutions of the State and local governments, the compulsory education must be provided free of tuition fees.

The State should aid indigent persons by furnishing them with funds and means for every level of education as appropriate.

The State should promote research on arts and sciences, should promote statistics, and should apply science and technology to the development of the Country.

The State should promote and maintain the culture of the Nation. But this must not be carried out through a means which is against the will of a person.

The State should nourish and maintain places and objects of historical, cultural, and artistic value.

The State should nourish and maintain the balance of environment and natural beauty as well as the forests, sources of rivers and streams, and waters.

The State should promote quests for natural resources for use in the economic interest of the Thai people, without infringing the principles of conservationism.

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Author:Henry Carey

 * Henry Carey (1634–1663), English politician and playwright; 4th Viscount Falkland
 * Henry Carey (1687–1743), English poet, dramatist and song-writer

title: Author:Henry Carey