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 they eat and are sated? Is the medicine prepared by addition or subtraction? Is there anything which can re-create this primary form or bestow it anew? And, certes, nothing can do this which is not magnetical. Magneticks can restore a certain soundness to magneticks (when not incurable); some can even exalt them beyond their proper strength; but when a body is at the height of perfection in its own nature, it is not capable of being strengthened further. So that that imposture of Paracelsus, who affirms that the force and virtue can be increased and transmuted tenfold, turns out to be the more infamous. The method of effecting this is as follows, viz., you make it semi-incandescent in a fire of charcoal (that is, you heat it very hot), so that it does not become red-hot, however, and immediately slake it, as much indeed as it can imbibe, in oil of saffron of Mars, made from the best Carynthian steel. "In this way you will be able so to strengthen a loadstone that it can draw a nail out of a wall and accomplish many other like wonderful things, which are not possible for a common loadstone." But a loadstone thus slaked in oil not only does not gain power, but suffers also a certain loss of its inborn strength. A loadstone is improved if polished and rubbed with steel. Buried in filings of the best iron or of pure steel, not rusty, it preserves its strength. Sometimes also a somewhat good and strong one gains Loadstones combined. some strength when it is rubbed on the pole of another, on the opposite part, and receives virtue. In all these experiments it is an advantage to observe the pole of the earth, and to adjust according to magnetick laws the stone which we wish to strengthen; which we shall set forth below. A somewhat powerful and fairly large loadstone increases the strength of a loadstone as it does of iron. A loadstone being placed over the boreal pole of a loadstone,


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 gave the Delawares to understand the rank of Heyward among the troops of the Yengeese, and then tendered to him a trust of equal authority. But Duncan declined the charge, professing his readiness to serve as a volunteer by the side of the scout. After this disposition, the young Mohican appointed various native chiefs to fill the different situations of responsibility, and the time now pressing, he gave forth the word to march. He was cheerfully, but silently obeyed, by more than two hundred men.

Their entrance into the forest was perfectly unmolested; nor did they encounter any living objects, that could either give the alarm, or furnish the intelligence they needed, until they came upon the lairs of their own scouts. A halt was then ordered, and the chiefs were assembled in front to hold a "whispering council." At this meeting, divers plans of operation were suggested, though none of a character to meet the wishes of their ardent leader. Had Uncas followed the promptings of his own inclinations, he would have led his followers to the charge without a moment's

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 delay, and put the conflict to the hazard of an instant issue; but such a course would have been in opposition to all the received practices and opinions of his countrymen,. [sic] He was, therefore, fain to adopt a caution, that in the present temper of his mind, he execrated, and to listen to advice at which his fiery spirit chafed, under the vivid recollection of Cora's danger, and Magua's insolence.

After an unsatisfactory conference of many minutes, a solitary individual was seen advancing from the side of the enemy, with such apparent haste, as to induce the belief he might be a messenger charged with some pacific overtures. When within a hundred yards, however, of the cover, behind which the Delaware council had assembled, the stranger hesitated, appeared uncertain what course to take, and finally halted. All eyes were now turned on Uncas, as if seeking directions how to proceed.

"Hawk-eye," said the young chief, in a low voice, "he must never speak to the Hurons again."


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 "His time has come," said the laconic scout, thrusting the long barrel of his rifle through the leaves, and taking his deliberate and fatal aim. But, instead of pulling the trigger, he lowered the muzzle again, and indulged himself in a fit of his peculiar mirth. "I took the imp for a Mingo, as I'm a miserable sinner!" he said; "but when my eye ranged along his ribs, for a place to get the bullet in—would you think it, Uncas—I saw the musicianer's blower! and so, after all, it is the man they call Gamut, whose death can profit no one, and whose life, if his tongue can do any thing but sing, may be made serviceable to our own ends. If sounds have not lost their virtue, I'll soon have a discourse with the honest fellow, and that in a voice he'll find more agreeable than the speech of 'kill-deer.' "

So saying, Hawk-eye laid aside his rifle, and crawling through the bushes, until within hearing of David, he attempted to repeat the musical effort, which had conducted himself, with so much safety and eclat, through the Huron encampment.


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 The exquisite organs of Gamut could not readily be deceived, (and, to say the truth, it would have been difficult for any other than Hawk-eye to produce a similar noise,) and, consequently, having once before heard the sounds, he now knew whence they proceeded. The poor fellow appeared instantly relieved from a state of great embarrassment; for, immediately pursuing the direction of the voice a task that to him was not much less arduous, than it would have been to have gone up in face of a battery, he soon discovered the hidden songster, who produced such melodious strains.

"I wonder what the Hurons will think of that!" said the scout, laughing, as he took his companion by the arm, and urged him swiftly towards the rear. "If the knaves lie within ear-shot, they will say there are two non-compossurs, instead of one! But here we are safe," he added, pointing to Uncas and his associates. "Now give us the history of the Mingo inventions, in natural English, and without any ups-and-downs of voice."

David gazed about him, at the fierce and


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 the boreal pole becomes stronger, and an iron rod (like an arrow) sticks to the boreal pole A, but not at all to the pole B. The pole A also, when it is at the top in a right line with the axis of both loadstones joined in accordance with magnetick laws, raises the rod to the perpendicular, which it cannot do if the large loadstone be removed, on account of its own weaker strength. But as a small iron globe, when placed above the pole of a terrella, raises the rod to the perpendicular, so, when placed at the side, the rod is not directed towards the centre of the globe, but is raised obliquely and cleaves anywhere, because the pole in a round piece of iron is always the point which is joined most closely to the pole of the terrella and is not constant as in a smaller terrella. The parts of the earth, as of all magneticks, are in agreement and take delight in their mutual proximity; if placed in the highest power, they do not harm their inferiors, nor slight them; there is a mutual love among them all, a perennial good feeling. The weaker loadstones are re-created by the more powerful, and the less powerful cause no harm to the stronger. But a powerful one attracts and turns a somewhat strong one more than it does an impotent one. Because a strenuous one confers a stronger activity, and itself hastens, flies up to the other, and solicits it more keenly; therefore there is a more certain and a stronger co-action and cohærency.

AGNET attracts magnet, not in every part and on every side with equal conditions, as iron, but at one and a fixed point; therefore the poles of both must be exactly disposed, otherwise they do not cleave together duly and strongly. But this disposition is not easy and expeditious; wherefore a loadstone seems not to conform to a loadstone, when nevertheless they agree very well together. A piece of iron by the sudden impression of a loadstone is not only allured by the stone, but is renewed, its forces being drawn forth; by which it follows and solicits the loadstone with no less impulse, and even leads another piece of iron captive. Let there be a small iron spike above a loadstone clinging firmly to it; if you apply an unmagnetized rod of iron to the spike, not, however,


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 wild looking chiefs, in mute wonder; but assured by the presence of faces that he knew, he soon rallied his faculties so far, as to make an intelligent reply.

"The heathen are abroad in goodly numbers," said David; "and, as I fear with evil intent. There has been much howling and ungodly revelry, together with such sounds as it is profanity to utter, in their habitations within the past hour; so much so, in truth, that I have fled to the Delawares in search of peace."

"Your ears might not have profited much by the exchange, had you been quicker of foot," returned the scout, a little drily. "But let that be as it may; where are the Hurons?"

"They lie hid in the forest, between this spot and their village, in such force, that prudence would teach you instantly to return."

Uncas cast a proud glance along the range of trees which concealed his own band, and then mentioned the name of—

"Magua?"—

"Is among them. He brought in the


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 maiden that had sojourned with the Delawares, and leaving her in the cave, has put himself, like a raging wolf, at the head of his savages. I know not what has troubled his spirit so greatly!"

"He has left her, you say, in the cave!" interrupted Heyward; " 'tis well that we know its situation! May not something be done for her instant relief?"

Uncas looked earnestly at the scout, before he asked—

"What says Hawk-eye?"

"Give me my twenty rifles, and I will turn to the right, along the stream, and passing by the huts of the beaver, will join the Sagamore and the Colonel. You shall then hear the whoop from that quarter; with this wind one may easily send it a mile. Then Uncas do you drive in their front; when they come within range of our pieces, we will give them a blow, that I pledge the good name of an old frontiersman shall make their line bend, like an ashen bow. After which, we will carry their village, and take the woman from the cave; when the affair may be finished with


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 the tribe, according to a white man's battle, by a blow and a victory; or, in the Indian fashion, with dodge and cover. There may be no great learning, major, in this plan, but with courage and patience it can all be done."

"I like it much," cried Duncan, who saw that the release of Cora was the primary object in the mind of the scout; "I like it much. Let it then be instantly attempted."

After a short conference, the plan was matured, and rendered more intelligible to the several parties; the different signals were appointed, and the chiefs separated, each to his allotted station.


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 so that it touches the stone, you will see the spike when it has touched the iron, leaving the loadstone, follow the rod, try to grasp it by leaning toward it, and (if it should touch it) cleave firmly to it: for a piece of iron, when united and joined to another piece of iron placed within the orbe of virtue of the loadstone, draws it more strongly than does the loadstone itself. The natural magnetick virtue, confused and dormant in the iron, is aroused by the loadstone, is linked to the loadstone, and rejoices with it in its primary form; then smelted iron becomes a perfect magnetick, as robust as the loadstone itself. For as the one imparts and stirs, so the other conceives, and being stirred remains in virtue, and pours back the forces also by its own activity. But since iron is more like iron than loadstone, and the virtue in both pieces of iron is exalted by the proximity of the loadstone, so in the loadstone itself, in case of equal strength, likeness of substance prevails, and iron gives itself up rather to iron, and they are united by their very similar homogenic powers. Which thing happens not so much from a coition, as from a firmer unition; and a knob or snout of steel, fixed skilfully on the pole of the stone, raises greater weights of iron than the stone of itself could. When steel or iron is smelted from loadstone or iron ore, the slag and corrupt substances are separated from the better by the fusion of the material; whence (in very large measure) that iron contains the nature of the earth, purified from alien flaw and blemish, and more homogenic and perfect, though deformed by the fusion. And when that material indeed is provoked by a loadstone, it conceives the magnetick virtues, and within their orbe is raised in strength more than the weaker loadstone, which with us is often not free from some admixture of impurities.

AYS of magnetick virtue spread out in every direction in an orbe; the centre of this orbe is not at the pole (as Baptista Porta reckons, Chap. 22), but in the centre of the stone and of the terrella. So also the centre of the earth is the centre of the magnetick motions of the earth; though magneticks are not borne directly toward the centre by magnetical motion, except when they are attracted by the true pole. For since the formal


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 power of the stone and of the earth does not promote anything but the unity and conformity of disjoined bodies, it comes about that everywhere at an equal distance from the centre or from the circumference, just as it seems to attract perpendicularly at one place, so at another it is able even to dispose and to turn, provided the stone is not uneven in virtue. For if at the distance C from the pole D the stone is able to allure a versorium, at an equally long interval above the æquator at A that stone can also direct and turn the versorium. So the very centre and middle of the terrella is the centre of its virtue, and from this to the circumference of the orbe (at equal intervals on every side) its magnetick virtues are emitted. Magnetick virtues emitted to an orbe.

OITIONS are always more powerful when poles are near poles, since in them by the concordancy of the whole there exists a stronger force; wherefore the one embraces the other more strongly. Places declining from the poles have attractive forces, but a little weaker and languid in the ratio of their distance; so that at length on the æquinoctial circle they are utterly enervated and evanescent. Neither do even the poles attract as mathematical points; nor do magneticks come into conjunction by their own poles, only on the poles of a loadstone. But coition


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 is made on every part of the periphery, both Northern and Southern, by virtue emanating from the whole body; magneticks nevertheless incline languidly towards magneticks in the parts bordering on the æquator, but quickly in places nearer the pole. Wherefore not the poles, not the parts alone nearest to the pole allure and invite magneticks, but magneticks are disposed and turned round and combine with magneticks in proportion as the parts facing and adjoined unite their forces together, which are always of the same potency in the same parallel, unless they are distributed otherwise from causes of variation.

UITE similar in potency are those stones which are of the same mine, and not corrupted by adjacent ores or veins. Nevertheless that which excels in size shows greater powers, since it seizes greater weights and has a wider orbe of virtue. For a loadstone weighing one ounce does not lift a large nail as does one weighing a pound, nor does it rule so widely, nor extend its forces; and if from a loadstone of a pound weight a portion is taken away, something of its power will be seen to go also; for when a portion is abstracted the virtue is lessened. But if that part is properly applied and united to it, though it is not fastened to nor grown into it, yet by the application it obtains its pristine power and its vigour returns. Sometimes, however, when a part is taken away, the virtue turns out to be stronger on account of the bad shape of the stone, namely, when the vigour is scattered through inconvenient angles. In various species the ratio is various, for one stone of a drachm weight draws more than another of twenty pounds. Since in very many the influence is so effete that it can hardly be perceived, those weak stones are surpassed by prepared pieces of clay. But, it may be asked, if a stone of the same species and goodness weighing a drachm would seize upon a drachm of iron, would a stone of an ounce weight seize on an ounce, a pound on a pound, and so on? And this is indeed true; for it both strains and remits its strength proportionately, so that if a loadstone, one drachm of which would attract one drachm of iron, were in equal proportion applied either to a suitably large obelisk or to an immense pyramid of iron, it would lift it directly in such  propor-


text:
Boyd v. Dutton/Dissent Powell

[p5] MR. JUSTICE POWELL, with whom THE CHIEF JUSTICE and MR. JUSTICE REHNQUIST join, dissenting.

The per curiam opinion of the Court finds that the facts in this case were "inadequately developed" with respect to the controlling issue whether petitioner knowingly and voluntarily waived his constitutional right to counsel before entering the guilty plea in the state trial court. Relying on Townsend v. Sain, 372 U.S. 293 (1963), the majority remands the case to the District Court.

As it seems to me that the facts on this issue were adequately developed in the state post-conviction evidentiary hearing, I dissent from the majority holding. At that hearing Deputy Sheriff Dunnaway, who was present at the time petitioner waived counsel, testified as follows:

"Q. What prompted you to get him out of jail? Had he indicated he wanted to enter a plea or what?

"A. He stated he wanted to go before the Judge and enter a plea of guilty.

"Q. And is Saturday the regular day that the Judge takes pleas there?

"A. Yes, sir. He takes 'em in Colquitt, his home town.

"Q. And you took him yourself to the Courtroom from the jail?

"A. Yes, sir.

"Q. Would you tell the Court briefly what happened whenever you got him to the Courtroom?

"A. He was carried to the Courtroom, and, uh, the Solicitor drawed up the accusations against him, and after he drawed up the accusation against him, and I signed the accusation, we called Jack Boyd and Clinton Henderson, another boy that was with him, into the Courtroom, and Mr. Ray advised each [p6] of 'em what the charges against 'em was and asked 'em did they have legal counsel, and which both of 'em stated they did not have legal counsel. Mr. Ray advised both of 'em that they were entitled to legal counsel, and if they could not afford it, the Court would appoint 'em legal counsel, and asked... also, he advised 'em if they wanted to go to trial by jury, that the Court would appoint 'em an attorney to represent 'em in trial. and this defendant and Clinton Henderson both stated to Mr. Ray, in my presence, that they both knew they was guilty and and they didn't want a trial, and they both signed the accusation that they was guilty, and I witnessed the signature of both 'em.

"Q. I believe you said you had known Jack Boyd for a good many years. Did he appear to understand from his demeanor what was going on and what he was charged with?

"A. Yes, sir.

"Q. Is he possessed of average intelligence at least?

"A. Yes, sir.

"Q. Did he appear to understand Mr. Ray when he told him that he had the right to have an attorney?

"A. Mr. Ray asked him did he understand what he had stated to him. He said that he did.

"Q. In your opinion, from your familiarity with him, your acquaintance with him, and from your observation of him at that time, did he knowingly and intelligently enter his plea of guilty?

"A. Yes, sir.

"Q. Did he knowingly and intelligently... this is your opinion also I'm asking about, waive his right to any counsel, legal counsel?

"A. Yes, sir."

[p7] Petitioner was present when Dunnaway testified and did not contradict the foregoing testimony that he waived counsel. This undisputed testimony seems adequate, as the courts below found, to warrant the conclusions that petitioner knowingly and voluntarily waived his right to counsel, and that no further evidentiary hearing was required.

It is true that petitioner is uneducated, and that the sentence imposed seems disproportionate to the crime. It is also true that the state court hearing could have been more exhaustive. Additional witnesses might have been called, as suggested by the majority opinion, although there is no indication in the record that they would have contradicted the testimony with respect to waiving counsel which petitioner himself failed to dispute. But the ultimate test with respect to the holding of an evidentiary hearing by a federal district court is whether there was "a full and fair fact hearing" in the state proceedings. Townsend, supra, at 313. Where the material facts bearing upon the relatively narrow issue of waiving counsel are undisputed, except inferentially, and show that waiver was made "knowingly and intelligently," I believe that this test has been met.

There is little likelihood that a new hearing now, eight years after the 1964 conviction, will be conductive to [p8] dependable factfinding or will enlarge upon the evidence already considered. This case already has received the attention of four courts. Remanding it may further the repetitive judicial re-examination which has become so commonplace. The current flood of petitions for post-conviction relief already threatens—because of sheer volume—to submerge meritorious claims and even to produce a judicial insensitivity to habeas corpus petitioners.

title: Boyd v. Dutton/Dissent Powell


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   there is something at once cold and unclean; it calls up all the modern supermen with their cruel and fishy eyes. Such farces should begin in a friendly air, in a tavern. There is something very symbolic of Shaw in the fact that his farce begins in a dentist's.

The only one out of this brilliant batch of plays in which I think that the method adopted really fails, is the one called Widower's Houses. The best touch of Shaw is simply in the title. The simple substitution of widowers for widows contains almost the whole bitter and yet boisterous protest of Shaw; all his preference for undignified fact over dignified phrase; all his dislike of those subtle trends of sex or mystery which swing the logician off the straight line. We can imagine him crying, "Why in the name of death and conscience should it be tragic to be a widow but comic to be a widower?" But the rationalistic method is here applied quite wrong as regards the production of a drama. The most dramatic point in the affair is when the open and indecent rack-renter turns on the decent young man of means and proves to him that he is equally guilty, that he also can only grind his corn by grinding the faces of the poor. But even here the point is undramatic


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   because it is indirect; it is indirect because it is merely sociological. It may be the truth that a young man living on an unexamined income which ultimately covers a great deal of house-property is as dangerous as any despot or thief. But it is a truth that you can no more put into a play than into a triolet. You can make a play out of one man robbing another man, but not out of one man robbing a million men; still less out of his robbing them unconsciously.

Of the plays collected in this book I have kept Mrs. Warren's Profession to the last, because, fine as it is, it is even finer and more important because of its fate, which was to rouse a long and serious storm and to be vetoed by the Censor of Plays. I say that this drama is most important because of the quarrel that came out of it. If I were speaking of some mere artist this might be an insult. But there are high and heroic things in Bernard Shaw; and one of the highest and most heroic is this, that he certainly cares much more for a quarrel than for a play. And this quarrel about the censorship is one on which he feels so strongly that in a book embodying any sort of sympathy it would be much better to leave out Mrs. Warren than to leave out Mr. Redford. The


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   veto was the pivot of so very personal a movement by the dramatist, of so very positive an assertion of his own attitude towards things, that it is only just and necessary to state what were the two essential parties to the dispute; the play and the official who prevented the play.

The play of Mrs. Warren's Profession is concerned with a coarse mother and a cold daughter; the mother drives the ordinary and dirty trade of harlotry; the daughter does not know until the end the atrocious origin of all her own comfort and refinement. The daughter, when the discovery is made, freezes up into an iceberg of contempt; which is indeed a very womanly thing to do. The mother explodes into pulverising cynicism and practicality; which is also very womanly. The dialogue is drastic and sweeping; the daughter says the trade is loathsome; the mother answers that she loathes it herself; that every healthy person does loathe the trade by which she lives. And beyond question the general effect of the play is that the trade is loathsome; supposing anyone to be so insensible as to require to be told of the fact. Undoubtedly the upshot is that a brothel is a miserable business, and a brothel-keeper a miserable woman. The


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   whole dramatic art of Shaw is in the literal sense of the word, tragi-comic; I mean that the comic part comes after the tragedy. But just as You Never Can Tell represents the nearest approach of Shaw to the purely comic, so Mrs. Warren's Profession represents his only complete, or nearly complete, tragedy. There is no twopenny modernism in it, as in The Philanderer. Mrs. Warren is as old as the Old Testament; "for she hath cast down many wounded, yea, many strong men have been slain by her; her house is in the gates of hell, going down into the chamber of death."

Here is no subtle ethics, as in Widowers' Houses; for even those moderns who think it noble that a woman should throw away her honour, surely cannot think it especially noble that she should sell it. Here is no lighting up by laughter, astonishment, and happy coincidence, as in You Never Can Tell. The play is a pure tragedy about a permanent and quite plain human problem; the problem is as plain and permanent, the tragedy is as proud and pure, as in Oedipus or Macbeth. This play was presented in the ordinary way for public performance and was suddenly stopped by the Censor of Plays.

The Censor of Plays is a small and acci-


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   dental eighteenth-century official. Like nearly all the powers which Englishmen now respect as ancient and rooted, he is very recent. Novels and newspapers still talk of the English aristocracy that came over with William the Conqueror. Little of our effective oligarchy is as old as the Reformation; and none of it came over with William the Conqueror. Some of the older English landlords came over with William of Orange; the rest have come by ordinary alien immigration. In the same way we always talk of the Victorian woman (with her smelling salts and sentiment) as the old-fashioned woman. But she really was a quite new-fashioned woman; she considered herself, and was, an advance in delicacy and civilisation upon the coarse and candid Elizabethan woman to whom we are now returning. We are never oppressed by old things; it is recent things that can really oppress. And in accordance with this principle modern England has accepted, as if it were a part of perennial morality, a tenth-rate job of Walpole's worst days called the Censorship of the Drama. Just as they have supposed the eighteenth-century parvenus to date from Hastings, just as they have supposed the eighteenth-century ladies to date from Eve, so they have supposed the


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   eighteenth-century Censorship to date from Sinai. The origin of the thing was in truth purely political. Its first and principal achievement was to prevent Fielding from writing plays; not at all because the plays were coarse, but because they criticised the Government. Fielding was a free writer; but they did not resent his sexual freedom; the Censor would not have objected if he had torn away the most intimate curtains of decency or rent the last rag from private life. What the Censor disliked was his rending the curtain from public life. There is still much of that spirit in our country; there are no affairs which men seek so much to cover up as public affairs. But the thing was done somewhat more boldly and baldly in Walpole's day; and the Censorship of plays has its origin, not merely in tyranny, but in a quite trifling and temporary and partisan piece of tyranny; a thing in its nature far more ephemeral, far less essential, than Ship Money. Perhaps its brightest moment was when the office of censor was held by that filthy writer, Colman the younger; and when he gravely refused to license a work by the author of Our Village. Few funnier notions can ever have actually been facts than this notion that the restraint and chastity of George


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   Colman saved the English public from the eroticism and obscenity of Miss Mitford.

Such was the play; and such was the power that stopped the play. A private man wrote it; another private man forbade it; nor was there any difference between Mr. Shaw's authority and Mr. Redford's, except that Mr. Shaw did defend his action on public grounds and Mr. Redford did not. The dramatist had simply been suppressed by a despot; and what was worse (because it was modern) by a silent and evasive despot; a despot in hiding. People talk about the pride of tyrants; but we at the present day suffer from the modesty of tyrants; from the shyness and the shrinking secrecy of the strong. Shaw's preface to Mrs. Warren's Profession was far more fit to be called a public document than the slovenly refusal of the individual official; it had more exactness, more universal application, more authority. Shaw on Redford was far more national and responsible than Redford on Shaw.

The dramatist found in the quarrel one of the important occasions of his life, because the crisis called out something in him which is in many ways his highest quality—righteous indignation. As a mere matter of the art of


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 fluity, yet a most bountiful dispenser in all liberality: the chief regulator of her household, the fairest pillar of her hall, and the sweetest blossom of her bower: having, in all opposite proposings, sense to understand, judgment to weigh, discretion to choose, firmness to undertake, diligence to conduct, perseverance to accomplish, and resolution to maintain. For obedience to her husband, that is not to be tried till she has one: for faith in her confessor, she has as much as the law prescribes: for embroidery an Arachne: for music a Siren: and for pickling and preserving, did not one of her jars of sugared apricots give you your last surfeit at Arlingford Castle?"

"Call you that preserving?" said the little friar; "I call it destroying. Call you it pickling? Truly it pickled me. My life was saved by miracle."


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 "By canary," said brother Michael. "Canary is the only life preserver, the true aurum potabile, the universal panacea for all diseases, thirst, and short life. Your life was saved by canary."

"Indeed, reverend father," said Sir Ralph, "if the young lady be half what you describe, she must be a paragon: but your commending her for valour does somewhat amaze me."

"She can fence," said the little friar, "and draw the long bow, and play at single-stick and quarter-staff."

"Yet mark you," said brother Michael, "not like a virago or a hoyden, or one that would crack a serving-man"s head for spilling gravy on her ruff, but with such womanly grace and temperate self-command as if those manly exercises belonged to her only, and were become for her sake feminine."

"You incite me," said Sir Ralph, "to


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 view her more nearly. That madcap earl found me other employment than to remark her in the chapel."

"The earl is a worthy peer," said brother Michael; "he is worth any fourteen earls on this side Trent, and any seven on the other." (The reader will please to remember that Rubygill Abbey was north of Trent.)

"His mettle will be tried," said Sir Ralph. "There is many a courtier will swear to King Henry to bring him in dead or alive."

"They must look to the brambles then," said brother Michael.


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 "Plague on your lungs, son Michael," said the abbot; "this is your old coil: always roaring in your cups."

"I know what I say," said brother Michael; "there is often more sense in an old song than in a new homily.

"Tall friar," said Sir Ralph, "either you shoot the shafts of your merriment at random, or you know more of the earl's designs than beseems your frock."

"Let my frock," said brother Michael, "answer for its own sins. It is worn past covering mine. It is too weak for a shield,


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 too transparent for a screen, too thin for a shelter, too light for gravity, and too threadbare for a jest. The wearer would be naught indeed who should mis-beseem such a wedding garment.


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 towered from the beach. She climbed up. She selected, in the water so far below, a place that was free from the treacherous-looking rocks. Then, swaying her arms a moment and plucking up high courage, she gave a flying leap and landed in the deep water.

Another miracle! She had never had a chance to swim before, but somehow she did it naturally now. It was an instinct in her to kick with her legs and throw out her arms in the right way. Fortunately she had landed in the place without rocks. Shaking herself in imitation of the gulls, so that silvery drops flew from her in all directions, she began to swim about. She played in the water for a time, entranced, singing as she had never done before, even in the meadow. After a while she came out, all shining, laughing and dancing. But it was then too late in the day to play any more; so she lay down on the sand, well out of reach of the tide, and slept, with the murmuring of the sea in ears all night.

I had been high tide; but the tide was now going out, and near the beach the tops of the great rocks were appearing. To Eepersip, who

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 [Sadler, John, of Oundle, Northants, circa 1571; perhaps rector of Sudborough, Nortbants, 1568. See Ath. i. 406.]  Sadler, John; B.A. from. 8 Feb., 1620-1; one of these names rector of Ringmere, Sussex, 1626. See Foster's Index Eccl.  Sadler, John, s. Tho., of Chilton. Wilts, gent. ., matric. 15 May, 1711. aged 17; B.A. 25 Feb., 1714-15, M.A 1717, B.Med. 1722.  Sadler, Philip, s. John, of Chilton par., Wroughton, Wilts, gent. ., matric. 9 July, 1668, aged 18, B.A. 1672; M.A. from 19 Jan., 1674-5.  Sadler, Richard, pleb. ., matric. 25 June, 1651; B.A. from 10 March, 1654-5.  [5]

Sadler, Robert, of Wilts, gent. , matric. entry 7 May, 1602, aged 14.  Sadler, Robert, s. Rob., of Wroughton, Wilts, gent. ., matric. 18 Jan.. 1666-7, aged 18; B.A. 1670, M.A. 1673 ; rector of Winford, Somerset, 1684; father of the next. See Foster's Index Eccl.  Sadler, Robert, s. R., of Winford, Somerset, cler. ., matric. 10 April, 1712, aged 17; exhibitioner 1714-15, B.A. 1715, M.A. 1718; perhaps rector of Whitestone, Devon, 1731. See Foster's Index Eccl.; & Gardiner, 448.

Sadler, Roger; fellow. 1547, B.A. 1547-8, M.A. 13 July, 1554, rector of Worcester St. Nicholas 1554. See Foster's Index Eccl.

Sadler, Thomas, of Wilts, arm. , matric. 7 April, 1609. aged 16.
 [10]

Sadler, Thomas, s. Rob. (William 4to.), of Elcombe, Wilts, gent. ., matric. 13 March, 1705-6, aged 17, scholar 1707. B.A. 1709, M.A. 1712, fellow 1714; vicar of Hockham, Norfolk, 1712-14, and of Elingdon alias Wroughton, Wilts, 1716. See Foster's Index Eccl.; & Gardiner, 426.

Sadler, Thomas, s. Thomas, of Coverley, co. Gloucester, p.p. ., matric. 9 July, 1706, aged 17; B.A. 1710.

Sadler, William, s. Joh., of Burket-Warfield, Salop, pleb. , matric. 10 Feb., 1669-70, aged 19.

Sadler, William, gent., of, matric. 8 Dec., 1658.

Sadler, William, s. J., of Lench. Sussex, pleb. ., matric. 3 July. 1677, aged 17, B.A. 28 Jan., 1680-1, M.A. 4 March, 1683-4; rector of Treyford, Susses. 1686, and vicar of Newton Valence, Hants, 1698. See Foster's Index Eccl.

Sadlington, Richard, s. Rog., of Westminster, gent. matric. 14 July, 1698. aged 19; B.A. 1702, M.A. 22 March., 1704-5 ; vicar of Laycock, Wilts, 1707. See Foster's Index Eccl.
 [16]

Saffin, George, s. G., of Exeter (city), Devon, gent. ., matric. 23 March, 1701-2, aged 18; fellow 1704, until his death 31 Aug., 1707; buried in the college chapel. See Gutch, i. 120; & Boase, 87.

Saffin, John, of Devon, gent. ., matric. 30 July, 1596, aged 15; student of Middle Temple 1598, as son and heir of George, of Cullompton, Devon, gen. See Foster's Inns of Court Reg.

Saffin, John, gent ., matric. 26 July, 1659.

Saffin, Richard, pleb. ., matric 1 April, 1653: B.A. 1 Feb., 1655-6, M.A. 29 June, 1658; vicar of East Pennard, Somerset, 1664. See Foster's Index Eccl.
 [20]

Saffyn, William, s. Ric., of Berkeley, co. Gloucester, cler. ., matric. 16 Oct, 1699, aged 18; B.A. from 1703.

Safford, Bartholomew, s. Barthol(omew), of Enmore, Somerset, sacerd. , matric. 20 March, 1634-5, aged 15, subscribed 10 July, 1635; B.A. 23 Oct., 1638, M.A. 7 July, 1641; his father rector of Enmore 1613; brother of John and Thomas. See Foster's Index Eccl.

Safford, John, s. Barthol., of Enmore, Somerset, sacerd. , matric 20 March, 1634-5, aged 17; B.A. 23 Oct. 1638, M.A. 7 July, 1641; sequestered to the vicarage of Framfield, Sussex, 1645. by the Westminster assembly of divines; brother of Barthol. and of Thomas. See ''Add. MS.'' 15,669.

Safford, Thomas, s. Barthol., of Enmore, Somerset, sacerd. , matric. 26 Jan., 1637-8, aged 16, B.A. 19 Oct., 1641; ordered by the Westminster assembly to be appointed to the cure of Isfield, Sussex. 1646, "if thought fit for ordination," ejected from the chapelry of Bicknoller, Somerset, in 1662; brother of Barthol. and John. See Calamy, iii. 168; & ''Add. MS.'' 15,670, p. 222.

Safforde, William, of Essex, gent. ., matric. entry under date circa 1572, aged 18.
 [25]

Sagar, Charles, fellow. 1624. See Gutch, i. 617.

[Sagar, Charles, of ., Oxford, master of the grammar school at Blackburn until ejected, died 13 Feb., 1697. See Calamy, i. 424.]

Sagar, Edward, of co. Lancaster, pleb. , matric 16 Nov., 1621, aged 21.

Sagar, Jeremias, s. John, of Allerton. Yorks, pleb. ., matric. 7 April, 1682, aged 16, B.A. 1685; vicar of Milverton, Somerset, 1694, as Seagar. See Foster's Index Eccl.

Sagar, Otto; secular chaplain, B.Can.L. 21 July, 1522.
 [30]

Sager, Richard, s. Richard, of Padiham. co. Lancaster, pleb. ., matric. 23 Jan., 1628-9, aged 19, B.A. 3 Nov., 1632, M.A. 4 June, 1635; rector of Ewelme, Oxon, 1652, as Seagur. See Foster's Index Eccl.

Sagar, Stephen, s. William, of Colne, co. Lancaster, pleb. ., matric. 6 March, 1687-8, aged 18.

Sage, Adam, s. Geo., of South Moulton, Devon, paup. ., matric. 10 Nov., 1681, aged 17.

Sage, Elisha, s. Geo., of Bishops Nympton, Devon, p.p., matric. 7 April, 1674, aged 18.

Sage, Henry, s. John, of Weare Gifford, Devon, pleb. , matric. 4 July, 1634, aged 17.

Sagittary, Daniel, s. Joachim Frederick, of Blandford, Dorset, D.Med. ., matric. 18 March, 1686-7, aged 15, B.A. 1690, fellow ., M.A. 1694; rector of Winterbourne Steepleton, 1696. and of Winterbourne Abbas, Dorset, 1717, until his death 14 Jan., 1756, aged 85. See Gardiner, 350; & Foster's Index Eccl.
 [36]

Sagittary, Frederick, "Germannus," s. Frederick, of Heargord in the palatinate, gent. ., matric. 20 June, 1634, aged 17, created B.A. 31 Aug., 1636, M.A. 20 May, 1640, created D.Med. 12 Sept., 1661; practiced at Blandford, Dorset, father of Daniel, Frederick, and John. See Fasti, ii. 255.

Sagittary, Frederick, s. Joachim Fred., of Blandford, Dorset, gent. , matric. 28 Feb., 1672-3. aged 14, B.A. 1676; M.A. from. 1680.

Sagittary, John, s. Fred., of Blandford, Dorset, D.Med. ., matric 11 Nov., 1681, aged 15, scholar of. 1683, B.A. 1685, M.A 1687, fellow 1690, B.Med. 1690, D.Med. 1693. See Gardiner, 330.
 [ 1299 ]


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 had never before been near the ocean, these things which happened every day were strange and delightful, and she could not look at them enough. Each wave was pure blue, topped and trimmed with spray. As the waters drew back Eepersip had to retreat; for the low tide revealed more and more rocks, and the spray that hit upon them flew back farther and farther. Gradually they were left bare and dry, and Eepersip arranged sea-weeds and sea-plants in the little pools left in their hollows. When, at last, high tide came in, she sorrowed to watch them become part of the sea again. But she knew, of course, that when the tide went out other pools would be leftperhaps more than there had been before.

Among the rocks at the back of the beach Eepersip found a pool made by leaping spray from a storm. She trimmed it with sea-weeds of brown and green. She took some of the dried low-tide snails from the rocks around it and cast them into the sea. With her hands she caught some sluggish yet pretty little fishes and put them into her pool. As she was doing this she noticed how the tide was coming inshe had been so intent upon her task that she hadn't seen it. It was now almost up to her. She stopped what she was doing and watched it anxiously, afraid that it was going to reach her

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IT seems needless, if not impertinent, in an obscure individual, to say any thing in praise of the Author of the Task. It is of more consequence to inform the reader of the circumstances that have led to this publication. About twenty years ago a very dear and venerable friend introduced me to the truly great and amiable Mr. Cowper. This gave rise to a friendship which increased with every repeated interview, and for several years I had the pleasure of spending an afternoon with him every week. At length this delightful intercourse was terminated, by his removal to a distant situation, and the painful approaches of that event which dissolves every social connexion.

One day amusing myself with the poetical works of the celebrated Madame Guion, I was struck with the peculiar beauty of some of her poems, as well as edified with the piety and devotion of which they are strongly expressive. I mentioned them to Mr. C; and partly to amuse a solitary hour, partly to keep in exercise the genius of this incomparable man, I requested him to put a few of the poems into an English dress. Afterward, during my absence upon a journey, I received a letter, in which Mr. C. says, "I have but little leisure, strange as it may seem. That little I devoted for a month after your departure to the translation of Madame Guion. I have made fair copies of all the pieces I have produced on this last occasion, and will put them into your


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 hands when we meet. They are yours to serve as you please, you may take and leave as you like, for my purpose is already served. They have amused me, and I have no further demand upon them." On my return, Mr. C. presented me with these translations, to which he added the letter to a Protestant Lady in France, and the Poem on Friendship.

The idea of printing them was afterwards suggested to Mr. C. and he gave his full consent, intending to revise them before I should send them to press. Various circumstances prevented him from doing this; and the poems would probably have still remained unpublished, if it had not been found that several copies of them had already got abroad. The Editor therefore had reason to believe, that they would otherwise have made their appearance in a state far less correct than if printed from the original manuscript. Nor can he imagine that even in their present form, they will, on the whole, tend to diminish the well-deserved reputation of their excellent Author.

To infer that the peculiarities of Madame Guion's theological sentiments, were adopted either by Mr. C. or by the Editor, would be almost as absurd as to suppose the inimitable translator of Homer to have been a pagan. He reverenced her piety, admired her genius, and judged that several of her poems would be read with pleasure and edification by serious and candid persons.

I have taken the liberty to add the Stanzas subjoined to the Bills of Mortality, which had been published a few years past at Northampton; and the Epitaph, which had appeared in a periodical publication. They sufficiently mark the genius of their Author, correspond with the other parts of this small volume, and have not before been printed in a uniform manner with his poems.

WILLIAM BULL.

NEWPORT-PAGNEL, 6th June, 1801.


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 pool. But, to her great joy, it didn't. The waves lapped as if they wanted it very much, but they couldn't quite touch it; and Eepersip, worried no longer, continued her happy playing.

In this way the days passed, with something new all the time. But she did not forget her little pool. She tended it, putting in fresh plants and rocks, and replacing a fish if it died.

She slept in a crevice in the rocks at the end of the beach.There was a tunnel under the rocks that the water had cut; if she crept to the farther end, no tide could reach her. There was a spring in the pasture in back of the beach, about a hundred yards away, and there Eepersip got her supply of fresh water. It made a merry brooklet which ran bubbling down a small hill and into the sea. When it was stormy she had a habit of merely snuggling under the rocks as far as she could go, to watch the glistening white-caps and listen to the crashing surf. But before she had seen many storms she stayed out when they weren't too severe, and sometimes played about in the wavesand she liked to be ducked.

In her explorations along the shore one day Eepersip found a great raft, made from

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 twigs and plastered over with clay and pitch, Here and there great water-soaked ropes bound it firmly. It had been washed up on the shore, and from a long period in the sea, had become terribly slimy and water-logged. Eepersip hauled it to the water to see if it would hold her weight, but it sank immediately. So she let it dry off in the sun for a long time; and at last, when it had become quite dry, she tried again. This time it held her. It started drifting off to sea with her on it, but she quickly slipped off and took it to shore again. A few days afterward Eepersip found a board, about three feet long and broad enough to serve perfectly as a paddle.

That was what she had wanted. She hauled the raft out to her depth, climbed on to it, took the paddle, and pushed off merrily.

Under strong strokes the water whirled and rushed, and the raft pushed through it. Sometimes she came to a sand-flat, and again to such a deep place that when she looked down all she could see was menacing shadows. Once the raft came into a shoal of carmine-coloured fishes with very long pointed fins. Of course, they scattered in all directions as she came amongst them.

When she had started it was dawn. By midday, with the help of a favourable wind, she was out

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Author:William Cowper

 * William Cowper (1666–1709), English surgeon and anatomist
 * William Cowper (1731–1800), English poet and hymnodist

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 Zouch, Richard (subs. Souch), doctoris fil. ., matric. 22 June, 1648-9, demy 1647-57, B.A. 15 May, 1650, M.A. 29 Jan., 1652-3, incorporated at Cambridge 1654; bar.-at-law, Gray's Inn, 1660; brother of William 1639. See Foster's Judges and Barristers; Bloxam, v. 202; & Burrows, 515.  Zouch, William, of Wilts, arm. , matric. 18 April, 1600, aged 15; perhaps father of George and Henry, though very doubtful.  Zouch, William, s. Francis, of Spettisbury, Dorset, sacerd. ., matric 9 Nov., 1632, aged 16 (as Souch, see page 1391), B.A. from 30 May, 1635, M.A. 7 April, 1638; rector of Spetisbury 1642-84, and of Long Langton, near Blandford, Dorset, 1664-1700. See Foster's Index Eccl.  Zouch, William, s. Richard, of Oxford (city), LL.D., matric. entry 28 June, 1639, aged 14, student of Middle Temple 1642; perhaps brother of Richard Souch alias Zouch 1649. See Foster's Inns of Court Reg.

 [ 1707 ]


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


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


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


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Zouch, Richard


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Viner was hoping that the police had got hold of the wrong man as he reluctantly walked into Drillford's office, but one glance at the inspector's confident face, alert and smiling, showed him that Drillford himself had no doubts on that point.

"Well, Mr. Viner," he said with a triumphant laugh, "we haven't been so long about it, you see! Much quicker work than I'd anticipated, too."

"Are you sure you've got the right man?" asked Viner. "I mean—have you got the man I saw running away from the passage?"

"You shall settle that yourself," answered Drillford. "Come this way."

He led Viner down a corridor, through one or two locked doors, and motioning him to tread softly, drew back a sliding panel in the door of a cell and silently pointed. Viner, with a worse sickness than before, stole up and looked through the barred opening. One glance at the man sitting inside the cell, white-faced, staring at the drab, bare wall, was enough; he turned to Drillford and nodded. Drillford nodded too, and led him back to the office.

"That's the man I saw," said Viner.

"Of course!" assented Drillford. "I'd no doubt


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 of it. Well, it's been a far simpler thing than I'd dared to hope. I'll tell you how we got him. This morning, about ten o'clock, this chap, who won't give his name, went into the pawnbroker's shop in Edgware Road, and asked for a loan on a diamond ring which he produced. Now, Pelver, who happened to attend to him himself, is a good deal of an expert in diamonds—he's a jeweller as well as a pawnbroker, and he saw at once that the diamond in this ring was well worth all of a thousand pounds—a gem of the first water! He was therefore considerably astonished when his customer asked for a loan of ten pounds on it—still more so when the fellow suggested that Pelver should buy it outright for twenty-five. Pelver asked him some questions as to his property in the ring—he made some excuses about its having been in his family for some time, and that he would be glad to realize on it. Under pretence of examining it, Pelver took the ring to another part of his shop and quietly sent for a policeman. And the end was, this officer brought the man here, and Pelver with him, and the ring. Here it is!"

He opened a safe and produced a diamond ring at which Viner stared with feelings for which he could scarcely account.

"How do you know that's one of Mr. Ashton's rings?" he asked.

"Oh, I soon solved that!" laughed Drillford. "I hurried round to Markendale Square with it at once. Both the ladies recognized it—Mr. Ashton had often shown it to them, and told them its value, and there's a private mark of his inside it. And so we arrested him, and there he is! Clear case!"


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 "What did he say?" asked Viner.

"He's a curious customer," replied Drillford. "I should say that whatever he is now, he has been a gentleman. He was extremely nervous and so on while we were questioning him about the ring, but when it came to the crucial point, and I charged him and warned him, he turned strangely cool. I'll tell you what he said, in his exact words. 'I'm absolutely innocent of that!' he said. 'But I can see that I've placed myself in a very strange position.' And after that he would say no more—he hasn't even asked to see a solicitor."

"What will be done next?" asked Viner.

"He'll be brought before the magistrate in an hour or two," said Drillford. "Formal proceedings—for a remand, you know. I shall want you there, Mr. Viner; it won't take long. I wish the fellow would tell us who he is."

"And I wish I could remember where and when I have seen him before!" exclaimed Viner.

"Ah, that's still your impression?" remarked Drillford. "You're still convinced of it?"

"More than ever—since seeing him just now," affirmed Viner. "I know his face, but that's all I can say. I suppose," he continued, looking diffidently at the inspector, as if he half-expected to be laughed at for the suggestion he was about to make, "I suppose you don't believe that this unfortunate fellow may have some explanation of his possession of Mr. Ashton's ring?"

Drillford, who had been replacing the ring in a safe, locked the door upon it with a snap, and turned on his questioner with a look which became more and


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 more businesslike and official with each succeeding word.

"Now, Mr. Viner," he said, "you look at it from our point of view. An elderly gentleman is murdered and robbed. A certain man is seen—by you, as it happens—running away as fast as he can from the scene of the murder. Next morning that very man is found trying to get rid of a ring which, without doubt, was taken from the murdered man's finger. What do you think? Or—another question—what could we, police officials, do?"

"Nothing but what you're doing, I suppose," said Viner. "Still—there may be a good deal that's—what shall I say?—behind all this."

"It's for him to speak," observed Drillford, nodding in the direction of the cells. "He's got a bell within reach of his fingers; he's only got to ring it and to ask for me or any solicitor he likes to name. But—we shall see!"

Nothing had been seen or heard, in the way hinted at by Drillford, when, an hour later, Viner, waiting in the neighbouring police-court, was aware that the humdrum, sordid routine was about to be interrupted by something unusual. The news of an arrest in connection with the Lonsdale Passage murder had somehow leaked out, and the court was packed to the doors—Viner himself had gradually been forced into a corner near the witness-box in which he was to make an unwilling appearance. And from that corner he looked with renewed interest at the man who was presently placed in the dock, and for the hundredth time asked himself what it was in his face that woke some chord of memory in him.


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 There was nothing of the criminal in the accused man's appearance. Apparently about thirty years of age, spare of figure, clean-shaven, of a decidedly intellectual type of countenance, he looked like an actor. His much-worn suit of tweed was well cut and had evidently been carefully kept, in spite of its undoubtedly threadbare condition. It, and the worn and haggard look of the man's face, denoted poverty, if not recent actual privation, and the thought was present in more than one mind there in possession of certain facts: if this man had really owned the ring which he had offered to the pawnbroker, why had he delayed so long in placing himself in funds through its means? For if his face expressed anything, it was hunger.

Viner, who was now witnessing police-court proceedings for the first time in his life, felt an almost morbid curiosity in hearing the tale unfolded against the prisoner. For some reason, best known to themselves, the police brought forward more evidence than was usual on first proceedings before a magistrate. Viner himself proved the finding of the body; the divisional surgeon spoke as to the cause of death; the dead man's solicitor testified to his identity and swore positively as to the ring; the pawnbroker gave evidence as to the prisoner's attempt to pawn or sell the ring that morning. Finally, the police proved that on searching the prisoner after his arrest, a knife was found in his hip-pocket which, in the opinion of the divisional surgeon, would have caused the wound found in the dead man's body. From a superficial aspect, no case could have seemed clearer.

But in Viner's reckoning of things there was


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 mystery. Two episodes occurred during the comparatively brief proceedings which made him certain that all was not being brought out. The first was when he himself went into the witness-box to prove his discovery of the body and to swear that the prisoner was the man he had seen running away from the passage. The accused glanced at him with evident curiosity as he came forward; on hearing Viner's name, he looked at him in a strange manner, changed colour and turned his head away. But when a certain question was put to Viner, he looked round again, evidently anxious to hear the answer.

"I believe you thought, on first seeing him, that the prisoner's face was familiar to you, Mr. Viner?"

"Yes—I certainly think that I have seen him before, somewhere."

"You can't recollect more? You don't know when or where you saw him?"

"I don't. But that I have seen him, perhaps met him, somewhere, I am certain."

This induced the magistrate to urge the accused man—who had steadfastly refused to give name or address—to reveal his identity. But the prisoner only shook his head.

"I would rather not give my name at present," he answered. "I am absolutely innocent of this charge of murder, but I quite realize that the police are fully justified in bringing it against me. I had nothing whatever to do with Mr. Ashton's death—nothing! Perhaps the police will find out the truth; and meanwhile I had rather not give my name."

"You will be well advised to reconsider that," said the magistrate. "If you are innocent, as you say,


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 it will be far better for you to say who you are, and to see a solicitor. As things are, you are in a very dangerous position."

But the prisoner shook his head.

"Not yet, at any rate," he answered. "I want to hear more."

When the proceedings were over and the accused, formally remanded for a week, had been removed to the cells previous to being taken away, Viner went round to Drillford's office.

"Look here!" he said abruptly, finding the Inspector alone, "I dare say you think I'm very foolish, but I don't believe that chap murdered Ashton. I don't believe it for one second!"

Drillford who was filling up some papers, smiled.

"No?" he said. "Now, why, Mr. Viner?"

"You can call it intuition if you like," answered Viner. "But I don't! And I shall be surprised if I'm not right. There are certain things that I should think would strike you."

"What, for instance?" asked Drillford.

"Do you think it likely that a man who must have known that a regular hue and cry would be raised about that murder, would be such a fool as to go and offer one of the murdered man's rings within a mile of the spot where the murder took place?" asked Viner.

Drillford turned and looked steadily at his questioner.

"Well, but that's precisely what he did, Mr. Viner!" he exclaimed. "There's no doubt whatever that the ring in question was Ashton's; there's also no doubt that this man did offer it to Pelver


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 this morning. Either the fellow is a fool or singularly ignorant, to do such a mad thing! But—he did it! And I know why."

"Why, then?" demanded Viner.

"Because he was just starving," answered Drillford. "When he was brought in here, straight from Pelver's, he hadn't a halfpenny on him, and in the very thick of my questionings—and just think how important they were!—he stopped me. 'May I say a word that's just now much more important to me than all this?' he said. 'I'm starving! I haven't touched food or drink for nearly three days. Give me something, if it's only a crust of bread!' That's fact, Mr. Viner."

"What did you do?" inquired Viner.

"Got the poor chap some breakfast, at once," answered Drillford, "and let him alone till he'd finished. Have you ever seen a starved dog eat? No—well, I have, and he ate like that—he was ravenous! And when a man's at that stage, do you think he's going to stop at anything? Not he! This fellow, you may be sure, after killing and robbing Ashton, had but one thought—how soon he could convert some of the property into cash, so that he could eat. If Pelver had made him that advance, or bought the ring, he'd have made a bee-line for the nearest coffee-shop. I tell you he was mad for food!"

"Another thing," said Viner. "Where is the rest of Mr. Ashton's property—his watch, chain, the other ring, his purse, and—wasn't there a pocketbook? How is it this man wasn't found in possession of them?"

"Easy enough for him to hide all those things,


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 Mr. Viner," said Drillford, with an indulgent smile. "What easier? You don't know as much of these things as I do—he could quite easily plant all those articles safely during the night. He just stuck to the article which he could most easily convert into money."

"Well, I don't believe he's guilty," repeated Viner. "And I want to do something for him. You may think me quixotic, but I'd like to help him. Is there anything to prevent you from going to him, telling him that I'm convinced of his innocence and that I should like to get him help—legal help?"

"There's nothing to prevent it, to be sure," answered Drillford. "But Mr. Viner, you can't get over the fact that this fellow had Ashton's diamond ring in his possession!"

"How do I—how do you—know how he came into possession of it?" demanded Viner.

"And then—that knife!" exclaimed Drillford. "Look here! I've got it. What sort of thing is that for an innocent, harmless man to carry about him? It's an American bowie-knife!"

He opened a drawer and exhibited a weapon which, lying on a pile of paper, looked singularly suggestive and fearsome.

"I don't care!" said Viner with a certain amount of stubbornness. "I'm convinced that the man didn't kill Ashton. And I want to help him. I'm a man of considerable means; and in this case—well, that's how I feel about it."

Drillford made no answer. But presently he left the room, after pointing Viner to a chair. Viner waited—five, ten minutes. Then the door opened


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 again, and Drillford came back. Behind him walked the accused man, with a couple of policemen in attendance upon him.

"There, Mr. Viner!" said Drillford. "You can speak to him yourself!"

Viner rose from his chair. The prisoner stepped forward, regarding him earnestly.

"Viner!" he said, in a low, concentrated tone, "don't you know me? I'm Langton Hyde! You and I were at Rugby together. And—we meet again, here!"


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Page:Alumni Oxonienses (1500-1714) volume 4.djvu/449

 Yonge, William, of co. Stafford, arm. ., matric. entry under date 20 Dec., 1577, aged 18.  Younge, William, of Wilts, gent. ., matric. 2 Nov., 1599, aged 15. See same date.  Younge, William; 3 years at Cambridge; B.A. from 2 July, 1600.  Younge, William, of co. Pembroke, pleb. ., matric. 22 May, 1601, aged 18.  Young, William, a Scot, M.A. of Aberdeen; incorporated 8 March, 1611-12, aged 32, from .; possibly rector of Wimborne St. Giles, Dorset, 1616, and father of the next-named.  [5]

Younge, William, s. William, of St. Giles, Dorset, sacerd. ., matric. 30 Oct., 1635, aged 16.  Young, William, eq. aur. fil. ., matric. 13 Feb., 1648-9; bar.-at-law, Middle Temple, 1659, as 2s. John, of Colyton, Devon, kt. ; brother of Robert 1649. See Foster's Judges and Barristers.  Younge, William, s. Matt., of Midhurst, Sussex, gent. ., matric. 24 April, 1668, aged 18; student of Inner Temple 1667. See Foster's Inns of Court Reg.

Young, William, s. Thomas, of Bampton, Oxon, pleb. ., matric. 18 March, 1672-3, aged 16, chorister 1670-6, clerk 1676-9, B.A. 1677 ; vicar of Monks Kirby, co. Warwick, 1706. See Bloxam, i. 95, ii. 77.

Young, William, s. G. (?Gul.), of Oxford (city), pleb. ., matric. 22 Oct., 1697, aged 18, B.A. 1701; one of these names vicar of St. Nicholas-at-Wade in Thanet 1701, and of Chislet, (both) Kent, 1705. See Foster's Index Eccl.
 [10]

Young, William, M.A. ., Dublin, incorporated 14 July, 1712.

Younger, John, gent. , matric. 23 July, 1656; demy. 1658-62, B.A. 1659, M.A. 1662, fellow 1662-89, B.D. 1673, D.D. 10 March, 1680-1; 2nd keeper of the Bodleian, deputy clerk of the closet to Q. Anne and George I., rector of Easton Neston, Northants, 1671-89, canon of Sarum 1680, of Canterbury 1685-91, and of St. Paul's 1693; licenced (V.G.) 17 Oct., 1690, to marry Henrietta Maria, daughter of Sir Richard Grahme of Norton, Yorks, kt. and bart.; rector and vicar of Bishopston, Wilts, 1688, dean of Sarum 1705, until his death 27 Feb., 1727-8 ; father of the next. See Bloxam, v. 236; & Foster's Index Eccl.

Younger, Richard, born in York, s. John, dean of (Sarum). , matric. 29 Feb., 1711-12, aged 15, B.A. 9 Feb., 1715-16. M.A. 1718; prebendary of collegiate church of Heytesbury 1719-57, rector of Guildford St. Nicholas, Surrey, 1720, and vicar of Godalming, Surrey, 1721, canon of Sarum 1726, until his death 14 Feb., 1757. See Foster's Index Eccl.

Younger, Simon; B.A. from, Cambridge, 1604-5, M.A .1608; incorporated 14 Nov., 1626; rector of Emberton, Bucks, 1631. See Foster's Graduati Cantab.

Yoward, Richard, gent. ., matric 31 July, 1658; student of Lincoln's Inn 1660, as 4s. Robert, of city of London, gent. See Foster's Inns of Court Reg.
 [15]

Yowle, Christopher, of, in cr before 1572.

Yule, Cuthbert (Ewel), B.Gram. supd. 16 Oct., 1518.
 Z

Zanchy. See also.

Zanchy, Clement, B.A. from ., Cambridge, 1651-2, M.A 1655; (incorporated 10 July, 1655), D.D. 1668; rector of St. Clement Eastcheap, London, 1666-1707, canon of York, 1669-1707. See Foster's Index Eccl. & Foster's Graduati Cantab.

Zeigler, Marcus, "Paratinus," created B.D. 31 Aug., 1636, styles himself "Archipalatinus." See Fasti, i. 492.
 [20]

Zinzano, Nicholas, s. Peter, of Reading, Berks, gent. ., matric. 1 July, 1687, aged 17, B.A. 1691, M.A. 16 March, 1694-5; born at Reading 1 Aug., 1669, admitted to Merchant Taylors' school 1681; lecturer of St. Gregory, and St. Mary Magdalen, 1687, rector of Isfield, Kent, 1693, and of St. Martin Outwich, London, 1704-15; died at Hampton, Middlesex, 11 Dec., 1735. See Rawl. ii. 213; Robinson, i. 306; & Foster's Index Eccl.

Zouch. See also.

Zouch, Edward, arm. ., matric. 28 April, 1655; student of Lincoln's Inn 1654 (as son and heir of James, late of Woking, Surrey, esq., deceased); died 1658. See Foster's Inns of Court Reg.

Zouch, George, s. William, of Greenewich, Wilts, sacerd. ., matric. 22 April, 1633, aged 21, B.A. 8 May, 1633, M.A 19 Jan., 1636-7; brother of the next-named.

Zouch, Henry, s. William, of Salisbury, Wilts, S.T.D., matric. 15 Nov., 1622, aged 20, B.A. 22 June, 1624, M.A. 26 May, 1627; rector of Frome Vauchurch 1635, and of Stokewake, (both) Dorset, 1638, as Souch. See Foster's Index Ecclesiasticus.
 [25]

Zouch, Humphrey, s. John, of London, p.p. ., matric 30 March, 1667, aged 17; B.A. from 1670; M.A. from  1673; rector of All Hallows, Lombard Street, 1686. See Foster's Index Eccl.

Zouch, James, s. Edward, of Woking, Surrey, militis. , matric. 22 Oct., 1630, aged 15; died 1643; father of Edward.

Zouche, Richard, of Wilts, gent. ., matric. 10 July, 1607, aged 18, scholar 1607, fellow 1609-22, B.C.L. 30 June, 1614, D.C.L. 8 April, 1619, regius professor of civil law 1620-61 (s. Francis, of the Woking family), M.P. Hythe 1621-2, and 1624-5, advocate of Doctors' Commons 1618, principal of St. Alban Hall 1625-41, and 30 years assessor of the vice-chancellor's court, a judge of the admiralty court 1641, canon of Sarum 1632-61, chancellor of the diocese of Oxford; died 1 March, 1660-1, buried at Fulham; father of William 1639, and perhaps of Richard Souch. See Ath. iii. 510; Coote's Civilians, 74; Fasti i. 356; & Lansdowne MS. 986, f. 3.
 [ 1706 ]


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Rh

116.—(1) On complaint being made to a justice of the peace for any area to which this section applies by a surety to a recognizance to keep the peace or to be of good behaviour entered into before a magistrates’ court that the person bound by the recognizance as principal has been, or is about to be, guilty of conduct constituting a breach of the conditions of the recognizance, the justice may, if the complaint alleges that the principal is, or is believed to be, in that area, or if the recognizance was entered into before a magistrates’ court for that area, issue a warrant to arrest the principal and bring him before a magistrates’ court for that area or a summons requiring the principal to appear before such a court; but the justice shall not issue a warrant unless the complaint is in writing and substantiated on oath.

(2) The magistrates’ court before which the principal appears or is brought in pursuance of such a summons or warrant as aforesaid may, unless it adjudges the recognizance to be forfeited, order the recognizance to be discharged and order the principal to enter into a new recognizance, with or without sureties, to keep the peace or to be of good behaviour.

(3) The areas to which this section applies are any county, any London commission area and the City of London. Other provisions

117.—(1) A justice of the peace on issuing a warrant for the arrest of any person may grant him bail by endorsing the warrant for bail, that is to say, by endorsing the warrant with a direction in accordance with subsection (2) below.

(2) A direction for bail endorsed on a warrant under subsection (1) above shall—
 * (a) in the case of bail in criminal proceedings, state that the person arrested is to be released on bail subject to a duty to appear before such magistrates’ court and at such time as may be specified in the endorsement;
 * (b) in the case of bail otherwise than in criminal proceedings, state that the person arrested is to be released on bail on his entering into such a recognizance (with or without sureties) conditioned for his appearance before a magistrates’ court as may be specified in the endorsement;

and the endorsement shall fix the amounts in which any sureties and, in a case falling within paragraph (b) above, that person is or are to be bound.


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Zouche, Richard


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 Palissy's wife, however dutiful in other respects, could not be reconciled to the purchase of more earthen pots, which seemed to her to be bought only to be broken. Yet she must needs submit; for Palissy had become thoroughly possessed by the determination to master the secret of the enamel, and would not leave it alone.

For many successive months and years Palissy pursued his experiments. The first furnace having proved a failure, he proceeded to erect another out of doors. There he burnt more wood, spoiled more drugs and pots, and lost more time, until poverty stared him and his family in the face. "Thus," said he, "I fooled away several years, with sorrow and sighs, because I could not at all arrive at my intention." In the intervals of his experiments he occasionally worked at his former callings, painting on glass, drawing portraits, and measuring land; but his earnings from these sources were very small. At length he was no longer able to carry on his experiments in his own furnace because of the heavy cost of fuel; but he bought more potsherds, broke them up as before into three or four hundred pieces, and, covering them with chemicals, carried them to a tile-work a league and a half distant from Saintes, there to be baked in an ordinary furnace. After the operation he went to see the pieces taken out; and, to his dismay, the whole of the experiments were failures. But though disappointed, he was not yet defeated; for he determined on the very spot to "begin afresh."

His business as a land-measurer called him away for a brief season from the pursuit of his experiments. In conformity with an edict of the State,


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70c. 43

(3) Where a warrant has been endorsed for bail under subsection (1) above, then, on the person referred to in the warrant being taken to a police station on arrest under the warrant, the officer in charge of the police station shall (subject to his approving any surety tendered in compliance with the endorsement) release him from custody as directed in the endorsement.

118.—(1) Subject to subsection (2) below, where a magistrates’ court has committed a person to custody in default of finding sureties, the court may, on application by or on behalf of the person committed, and after hearing fresh evidence, reduce the amount in which it is proposed that any surety should be bound or dispense with any of the sureties or otherwise deal with the case as it thinks just.

(2) Subsection (1) above does not apply in relation to a person granted bail in criminal proceedings.

119.—(1) Where a magistrates’ court has power to take any recognizance, the court may, instead of taking it, fix the amount in which the principal and his sureties, if any, are to be bound; and thereafter the recognizance may be taken by any such person as may be prescribed.

(2) Where, in pursuance of this section, a recognizance is entered into otherwise than before the court that fixed the amount of it, the same consequences shall follow as if it had been entered into before that court; and references in this or any other Act to the court before which a recognizance was entered into shall be construed accordingly.

(3) Nothing in this section shall enable a magistrates’ court to alter the amount of a recognizance fixed by the High Court.

120.—(1) Where a recognizance to keep the peace or to be of good behaviour has been entered into before a magistrates’ court or any recognizance is conditioned for the appearance of a person before a magistrates’ court or for his doing any other thing connected with a proceeding before a magistrates’ court, and the recognizance appears to the court to be forfeited, the court may, subject to subsection (2) below, declare the recognizance to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound.

(2) Where a recognizance is conditioned to keep the peace or to be of good behaviour, the court shall not declare it forfeited except by order made on complaint.


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


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Zanchy, Clement


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Zeigler, Marcus


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Rh

(3) The court which declares the recognizance to be forfeited may, instead of adjudging any person to pay the whole sum in which he is bound, adjudge him to pay part only of the sum or remit the sum.

(4) Payment of any sum adjudged to be paid under this section, including any costs awarded against the defendant, may be enforced, and any such sum shall be applied, as if it were a fine and as if the adjudication were a summary conviction of an offence not punishable with imprisonment and so much of section 85(1) above as empowers a court to remit fines shall not apply to the sum but so much thereof as relates to remission after a term of imprisonment has been imposed shall so apply; but at any time before the issue of a warrant of commitment to enforce payment of the sum, or before the sale of goods under a warrant of distress to satisfy the sum, the court may remit the whole or any part of the sum either absolutely or on such conditions as the court thinks just.

(5) A recognizance such as is mentioned in this section shall not be enforced otherwise than in accordance with this section. and accordingly shall not be transmitted to the Crown Court nor shall its forfeiture be certified to that Court.    Consitution and place of sitting of magistrates’ courts

121.—(1) A magistrates’ court shall not try an information summarily or hear a complaint except when composed of at least 2 justices unless the trial or hearing is one that by virtue of any enactment may take place before a single justice.

(2) A magistrates’ court shall not hold an inquiry into the means of an offender for the purposes of section 82 above except when composed of at least 2 justices.

(3) A magistrates’ court shall not—
 * (a) try summarily an information for an indictable offence or hear a complaint except when sitting in a petty-sessional court-house;
 * (b) try an information for a summary offence or hold an inquiry into the means of an offender for the purposes of section 82 above, or impose imprisonment, except when sitting in a petty-sessional court-house or an occasional court-house.

(4) Subject to the provisions of any enactment to the contrary, where a magistrates’ court is required by this section to sit in a petty-sessional or occasional court-house, it shall sit in open court.


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Zinzano, Nicholas


text: Magistrates’ Courts Act 1980/Part 6

title: Magistrates’ Courts Act 1980/Part 6


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


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Zouch, Edward


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Zouch, George


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


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Zouch, Humphrey


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 it became necessary to survey the salt-marshes in the neighbourhood of Saintes for the purpose of levying the land-tax. Palissy was employed to make this survey, and prepare the requisite map. The work occupied him some time, and he was doubtless well paid for it; but no sooner was it completed than he proceeded, with redoubled zeal, to follow up his old investigations "in the track of the enamels." He began by breaking three dozen new earthen pots, the pieces of which he covered with different materials which he had compounded, and then took them to a neighbouring glass-furnace to be baked. The results gave him a glimmer of hope. The greater heat of the glass-furnace had melted some of the compounds; but though Palissy searched diligently for the white enamel he could find none.

For two more years he went on experimenting without any satisfactory result, until the proceeds of his survey of the salt-marshes having become nearly spent, he was reduced to poverty again. But he resolved to make a last great effort; and he began by breaking more pots than ever. More than three hundred pieces of pottery covered with his compounds were sent to the glass-furnace; and thither he himself went to watch the results of the baking. Four hours passed, during which he watched; and then the furnace was opened. The material on one only of the three hundred pieces of potsherd had melted, and it was taken out to cool. As it hardened, it grew white—white and polished! The piece of potsherd was covered with white enamel, described by Palissy as "singularly beautiful!" And beautiful it must no doubt have been in his eyes after all his weary waiting. He


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Zouch, James