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Holt v. Hobbs/Opinion of the Court

JUSTICE ALITO delivered the opinion of the Court.

Petitioner Gregory Holt, also known as Abdul Maalik Muhammad, is an Arkansas inmate and a devout Muslim who wishes to grow a ½-inch beard in accordance with his reli- [p356] gious beliefs. Petitioner's objection to shaving his beard clashes with the Arkansas Department of Correction's grooming policy, which prohibits inmates from growing beards unless they have a particular dermatological condition. We hold that the Department's policy, as applied in this case, violates the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 114 Stat. 803, 42 U.S.C. § 2000cc et seq., which prohibits a state or local government from taking any action that substantially burdens the religious exercise of an institutionalized person unless the government demonstrates that the action constitutes the least restrictive means of furthering a compelling governmental interest.

We conclude in this case that the Department's policy substantially burdens petitioner's religious exercise. Although we do not question the importance of the Department's interests in stopping the flow of contraband and facilitating prisoner identification, we do doubt whether the prohibition against petitioner's beard furthers its compelling interest about contraband. And we conclude that the Department has failed to show that its policy is the least restrictive means of furthering its compelling interests. We thus reverse the judgment of the United States Court of Appeals for the Eighth Circuit.

A
Congress enacted RLUIPA and its sister statute, the Religious Freedom Restoration Act of 1993 (RFRA), 107 Stat. 1488, 42 U.S.C. § 2000bb et seq., "in order to provide very broad protection for religious liberty." Burwell v. Hobby Lobby Stores, Inc., 573 U.S. 682, 693 (2014). RFRA was enacted three years after our decision in Employment Div., Dept. of Human Resources of Ore. v. Smith, 494 U.S. 872 (1990), which held that neutral, generally applicable laws that incidentally burden the exercise of religion usually do [p357] not violate the Free Exercise Clause of the First Amendment. Id., at 878–882. Smith largely repudiated the method of analysis used in prior free exercise cases like Wisconsin v. Yoder, 406 U.S. 205 (1972), and Sherbert v. Verner, 374 U.S. 398 (1963). In those cases, we employed a balancing test that considered whether a challenged government action that substantially burdened the exercise of religion was necessary to further a compelling state interest. See Yoder, supra, at 214, 219; Sherbert, supra, at 403, 406.

Following our decision in Smith, Congress enacted RFRA in order to provide greater protection for religious exercise than is available under the First Amendment. See Hobby Lobby, supra, at 694, 695. RFRA provides that "[g]overnment shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability," unless the government "demonstrates that application of the burden to the person—(1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest." 42 U.S.C. §§ 2000bb-1(a), (b). In making RFRA applicable to the States and their subdivisions, Congress relied on Section 5 of the Fourteenth Amendment, but in City of Boerne v. Flores, 521 U.S. 507 (1997), this Court held that RFRA exceeded Congress' powers under that provision. Id., at 532–536.

Congress responded to City of Boerne by enacting RLUIPA, which applies to the States and their subdivisions and invokes congressional authority under the Spending and Commerce Clauses. See § 2000cc-1(b). RLUIPA concerns two areas of government activity: Section 2 governs land-use regulation, § 2000cc; and Section 3—the provision at issue in this case—governs religious exercise by institutionalized persons, § 2000cc-1. Section 3 mirrors RFRA and provides that "[n]o government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution even if the burden results from a rule [p358] of general applicability, unless the government demonstrates that imposition of the burden on that person—(1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest." § 2000cc-1(a). RLUIPA thus allows prisoners "to seek religious accommodations pursuant to the same standard as set forth in RFRA." Gonzales v. O Centro Espírita Beneficente União do Vegetal, 546 U.S. 418, 436 (2006).

Several provisions of RLUIPA underscore its expansive protection for religious liberty. Congress defined "religious exercise" capaciously to include "any exercise of religion, whether or not compelled by, or central to, a system of religious belief." § 2000cc-5(7)(A). Congress mandated that this concept "shall be construed in favor of a broad protection of religious exercise, to the maximum extent permitted by the terms of this chapter and the Constitution." § 2000cc-3(g). And Congress stated that RLUIPA "may require a government to incur expenses in its own operations to avoid imposing a substantial burden on religious exercise." § 2000cc-3(c). See Hobby Lobby, supra, at 695, 696–730.

B
Petitioner, as noted, is in the custody of the Arkansas Department of Correction, and he objects on religious grounds to the Department's grooming policy, which provides that "[n]o inmates will be permitted to wear facial hair other than a neatly trimmed mustache that does not extend beyond the corner of the mouth or over the lip." App. to Brief for Petitioner 11a. The policy makes no exception for inmates who object on religious grounds, but it does contain an exemption for prisoners with medical needs: "Medical staff may prescribe that inmates with a diagnosed dermatological problem may wear facial hair no longer than one quarter of an inch." Ibid. The policy provides that "[f]ailure to abide by [the Department's] grooming standards is grounds for disciplinary action." Id., at 12a.

[p359] Petitioner sought permission to grow a beard and, although he believes that his faith requires him not to trim his beard at all, he proposed a "compromise" under which he would grow only a ½-inch beard. App. 164. Prison officials denied his request, and the warden told him: " [Y]ou will abide by [Arkansas Department of Correction] policies and if you choose to disobey, you can suffer the consequences." No. 5:11-cv-00164 (ED Ark., July 21, 2011), Doc. 13, p. 6 (Letter from G. Lay to G. Holt (July 19, 2011)).

Petitioner filed a pro se complaint in Federal District Court challenging the grooming policy under RLUIPA. We refer to the respondent prison officials collectively as the Department. In October 2011, the District Court granted petitioner a preliminary injunction and remanded to a Magistrate Judge for an evidentiary hearing. At the hearing, the Department called two witnesses. Both expressed the belief that inmates could hide contraband in even a ½-inch beard, but neither pointed to any instances in which this had been done in Arkansas or elsewhere. Both witnesses also acknowledged that inmates could hide items in many other places, such as in the hair on their heads or their clothing. In addition, one of the witnesses—Gaylon Lay, the warden of petitioner's prison—testified that a prisoner who escaped could change his appearance by shaving his beard, and that a prisoner could shave his beard to disguise himself and enter a restricted area of the prison. Neither witness, however, was able to explain why these problems could not be addressed by taking a photograph of an inmate without a beard, a practice followed in other prison systems. Lay voiced concern that the Department would be unable to monitor the length of a prisoner's beard to ensure that it did not exceed one-half inch, but he acknowledged that the Department kept track of the length of the beards of those inmates who are allowed to wear a ¼-inch beard for medical reasons.

As a result of the preliminary injunction, petitioner had a short beard at the time of the hearing, and the Magistrate Judge commented: "I look at your particular circumstance [p360] and I say, you know, it's almost preposterous to think that you could hide contraband in your beard." App. 155. Nevertheless, the Magistrate Judge recommended that the preliminary injunction be vacated and that petitioner's complaint be dismissed for failure to state a claim on which relief can be granted. The Magistrate Judge emphasized that " the prison officials are entitled to deference," id., at 168, and that the grooming policy allowed petitioner to exercise his religion in other ways, such as by praying on a prayer rug, maintaining the diet required by his faith, and observing religious holidays.

The District Court adopted the Magistrate Judge's recommendation in full, and the Court of Appeals for the Eighth Circuit affirmed in a brief per curiam opinion, holding that the Department had satisfied its burden of showing that the grooming policy was the least restrictive means of furthering its compelling security interests. 509 Fed. Appx. 561 (2013). The Court of Appeals stated that "courts should ordinarily defer to [prison officials'] expert judgment" in security matters unless there is substantial evidence that a prison's response is exaggerated. Id., at 562. And while acknowledging that other prisons allow inmates to maintain facial hair, the Eighth Circuit held that this evidence "does not outweigh deference owed to [the] expert judgment of prison officials who are more familiar with their own institutions." Ibid.

We entered an injunction pending resolution of petitioner's petition for writ of certiorari, 571 U.S. 1019 (2013), and we then granted certiorari, 571 U.S. 1236 (2014).

II
Under RLUIPA, petitioner bore the initial burden of proving that the Department's grooming policy implicates his religious exercise. RLUIPA protects "any exercise of religion, whether or not compelled by, or central to, a system of religious belief," § 2000cc-5(7)(A), but, of course, a prisoner's request for an accommodation must be sincerely based on a [p361] religious belief and not some other motivation, see Hobby Lobby, 573 U.S., at 717, n.28. Here, the religious exercise at issue is the growing of a beard, which petitioner believes is a dictate of his religious faith, and the Department does not dispute the sincerity of petitioner's belief.

In addition to showing that the relevant exercise of religion is grounded in a sincerely held religious belief, petitioner also bore the burden of proving that the Department's grooming policy substantially burdened that exercise of religion. Petitioner easily satisfied that obligation. The Department's grooming policy requires petitioner to shave his beard and thus to "engage in conduct that seriously violates [his] religious beliefs." Id., at 720. If petitioner contravenes that policy and grows his beard, he will face serious disciplinary action. Because the grooming policy puts petitioner to this choice, it substantially burdens his religious exercise. Indeed, the Department does not argue otherwise.

The District Court reached the opposite conclusion, but its reasoning (adopted from the recommendation of the Magistrate Judge) misunderstood the analysis that RLUIPA demands. First, the District Court erred by concluding that the grooming policy did not substantially burden petitioner's religious exercise because "he had been provided a prayer rug and a list of distributors of Islamic material, he was allowed to correspond with a religious advisor, and was allowed to maintain the required diet and observe religious holidays." App. 177. In taking this approach, the District Court improperly imported a strand of reasoning from cases involving prisoners' First Amendment rights. See, e.g., O'Lone v. Estate of Shabazz, 482 U.S. 342, 351–352 (1987); see also Turner v. Safley, 482 U.S. 78, 90 (1987). Under those cases, the availability of alternative means of practicing religion is a relevant consideration, but RLUIPA provides greater protection. RLUIPA's "substantial burden" inquiry asks whether the government has substantially bur- [p362] dened religious exercise (here, the growing of a ½-inch beard), not whether the RLUIPA claimant is able to engage in other forms of religious exercise.

Second, the District Court committed a similar error in suggesting that the burden on petitioner's religious exercise was slight because, according to petitioner's testimony, his religion would "credit" him for attempting to follow his religious beliefs, even if that attempt proved to be unsuccessful. RLUIPA, however, applies to an exercise of religion regardless of whether it is "compelled." § 2000cc-5(7)(A).

Finally, the District Court went astray when it relied on petitioner's testimony that not all Muslims believe that men must grow beards. Petitioner's belief is by no means idiosyncratic. See Brief for Islamic Law Scholars as Amici Curiae 2 ("hadith requiring beards are widely followed by observant Muslims across the various schools of Islam"). But even if it were, the protection of RLUIPA, no less than the guarantee of the Free Exercise Clause, is "not limited to beliefs which are shared by all of the members of a religious sect." Thomas v. ''Review Bd. of Indiana Employment Security Div.'', 450 U.S. 707, 715–716 (1981).

III
Since petitioner met his burden of showing that the Department's grooming policy substantially burdened his exercise of religion, the burden shifted to the Department to show that its refusal to allow petitioner to grow a ½-inch beard "(1) [was] in furtherance of a compelling governmental interest; and (2) [was] the least restrictive means of furthering that compelling governmental interest." § 2000cc-1(a).

The Department argues that its grooming policy represents the least restrictive means of furthering a broadly formulated interes[t], Hobby Lobby, supra, at 726 (quoting O Centro, 546 U.S., at 431), namely, the Department's compelling interest in prison safety and security. But RLUIPA, [p363] like RFRA, contemplates a more focused inquiry and requires the Government to demonstrate that the compelling interest test is satisfied through application of the challenged law "to the person"—the particular claimant whose sincere exercise of religion is being substantially burdened. Hobby Lobby, supra, at 726 (quoting O Centro, supra, at 430–431, in turn quoting § 2000bb-1(b)). RLUIPA requires us to scrutiniz[e] the asserted harm of granting specific exemptions to particular religious claimants and "to look to the marginal interest in enforcing" the challenged government action in that particular context. Hobby Lobby, supra, at 726–727 (quoting O Centro, supra, at 431; alteration in original). In this case, that means the enforcement of the Department's policy to prevent petitioner from growing a ½-inch beard.

The Department contends that enforcing this prohibition is the least restrictive means of furthering prison safety and security in two specific ways.

A
The Department first claims that the no-beard policy prevents prisoners from hiding contraband. The Department worries that prisoners may use their beards to conceal all manner of prohibited items, including razors, needles, drugs, and cellular phone subscriber identity module (SIM) cards.

We readily agree that the Department has a compelling interest in staunching the flow of contraband into and within its facilities, but the argument that this interest would be seriously compromised by allowing an inmate to grow a ½-inch beard is hard to take seriously. As noted, the Magistrate Judge observed that it was "almost preposterous to think that [petitioner] could hide contraband" in the short beard he had grown at the time of the evidentiary hearing. App. 155. An item of contraband would [p364] have to be very small indeed to be concealed by a ½-inch beard, and a prisoner seeking to hide an item in such a short beard would have to find a way to prevent the item from falling out. Since the Department does not demand that inmates have shaved heads or short crew cuts, it is hard to see why an inmate would seek to hide contraband in a ½-inch beard rather than in the longer hair on his head.

Although the Magistrate Judge dismissed the possibility that contraband could be hidden in a short beard, the Magistrate Judge, the District Court, and the Court of Appeals all thought that they were bound to defer to the Department's assertion that allowing petitioner to grow such a beard would undermine its interest in suppressing contraband. RLUIPA, however, does not permit such unquestioning deference. RLUIPA, like RFRA, "makes clear that it is the obligation of the courts to consider whether exceptions are required under the test set forth by Congress." O Centro, supra, at 434. That test requires the Department not merely to explain why it denied the exemption but to prove that denying the exemption is the least restrictive means of furthering a compelling governmental interest. Prison officials are experts in running prisons and evaluating the likely effects of altering prison rules, and courts should respect that expertise. But that respect does not justify the abdication of the responsibility, conferred by Congress, to apply RLUIPA's rigorous standard. And without a degree of deference that is tantamount to unquestioning acceptance, it is hard to swallow the argument that denying petitioner a ½-inch beard actually furthers the Department's interest in rooting out contraband.

Even if the Department could make that showing, its contraband argument would still fail because the Department cannot show that forbidding very short beards is the least restrictive means of preventing the concealment of contraband. "The least-restrictive-means standard is exceptionally demanding," and it requires the government to "sho[w] that it lacks other means of achieving its desired goal without imposing a substantial burden on the exercise of religion [p365] by the objecting part[y]." Hobby Lobby, supra, at 728. "[I]f a less restrictive means is available for the Government to achieve its goals, the Government must use it." United States v. Playboy Entertainment Group, Inc., 529 U.S. 803, 815 (2000).

The Department failed to establish that it could not satisfy its security concerns by simply searching petitioner's beard. The Department already searches prisoners' hair and clothing, and it presumably examines the ¼-inch beards of inmates with dermatological conditions. It has offered no sound reason why hair, clothing, and ¼-inch beards can be searched but ½-inch beards cannot. The Department suggests that requiring guards to search a prisoner's beard would pose a risk to the physical safety of a guard if a razor or needle was concealed in the beard. But that is no less true for searches of hair, clothing, and ¼-inch beards. And the Department has failed to prove that it could not adopt the less restrictive alternative of having the prisoner run a comb through his beard. For all these reasons, the Department's interest in eliminating contraband cannot sustain its refusal to allow petitioner to grow a ½-inch beard.

B
The Department contends that its grooming policy is necessary to further an additional compelling interest, i.e., preventing prisoners from disguising their identities. The Department tells us that the no-beard policy allows security officers to identify prisoners quickly and accurately. It claims that bearded inmates could shave their beards and change their appearance in order to enter restricted areas within the prison, to escape, and to evade apprehension after escaping.

We agree that prisons have a compelling interest in the quick and reliable identification of prisoners, and we acknowledge that any alteration in a prisoner's appearance, such as by shaving a beard, might, in the absence of effective [p366] countermeasures, have at least some effect on the ability of guards or others to make a quick identification. But even if we assume for present purposes that the Department's grooming policy sufficiently furthers its interest in the identification of prisoners, that policy still violates RLUIPA as applied in the circumstances present here. The Department contends that a prisoner who has a beard when he is photographed for identification purposes might confuse guards by shaving his beard. But as petitioner has argued, the Department could largely solve this problem by requiring that all inmates be photographed without beards when first admitted to the facility and, if necessary, periodically thereafter. Once that is done, an inmate like petitioner could be allowed to grow a short beard and could be photographed again when the beard reached the ½-inch limit. Prison guards would then have a bearded and clean-shaven photo to use in making identifications. In fact, the Department (like many other States, see Brief for Petitioner 39) already has a policy of photographing a prisoner both when he enters an institution and when his "appearance changes at any time during [his] incarceration." Arkansas Department of Correction, Inmate Handbook 3–4 (rev. Jan. 2013).

The Department argues that the dual-photo method is inadequate because, even if it might help authorities apprehend a bearded prisoner who escapes and then shaves his beard once outside the prison, this method is unlikely to assist guards when an inmate quickly shaves his beard in order to alter his appearance within the prison. The Department contends that the identification concern is particularly acute at petitioner's prison, where inmates live in barracks and work in fields. Counsel for the Department suggested at oral argument that a prisoner could gain entry to a restricted area by shaving his beard and swapping identification cards with another inmate while out in the fields. Tr. of Oral Arg. 28–30, 39–43.

[p367] We are unpersuaded by these arguments for at least two reasons. First, the Department failed to show, in the face of petitioner's evidence, that its prison system is so different from the many institutions that allow facial hair that the dual-photo method cannot be employed at its institutions. Second, the Department failed to establish why the risk that a prisoner will shave a ½-inch beard to disguise himself is so great that ½-inch beards cannot be allowed, even though prisoners are allowed to grow mustaches, head hair, or ¼-inch beards for medical reasons. All of these could also be shaved off at a moment's notice, but the Department apparently does not think that this possibility raises a serious security concern.

C
In addition to its failure to prove that petitioner's proposed alternatives would not sufficiently serve its security interests, the Department has not provided an adequate response to two additional arguments that implicate the RLUIPA analysis.

First, the Department has not adequately demonstrated why its grooming policy is substantially underinclusive in at least two respects. Although the Department denied petitioner's request to grow a ½-inch beard, it permits prisoners with a dermatological condition to grow ¼-inch beards. The Department does this even though both beards pose similar risks. And the Department permits inmates to grow more than a ½-inch of hair on their heads. With respect to hair length, the grooming policy provides only that hair must be worn "above the ear" and "no longer in the back than the middle of the nape of the neck." App. to Brief for Petitioner 11a. Hair on the head is a more plausible place to hide contraband than a ½-inch beard—and the same is true of an inmate's clothing and shoes. Nevertheless, the Department does not require inmates to go about bald, barefoot, or naked. Although the Department's proclaimed objectives are to stop [p368] the flow of contraband and to facilitate prisoner identification, "[t]he proffered objectives are not pursued with respect to analogous nonreligious conduct," which suggests that "those interests could be achieved by narrower ordinances that burdened religion to a far lesser degree." Church of Lukumi Babalu Aye, Inc. v. Hialeah, 508 U.S. 520, 546 (1993).

In an attempt to demonstrate why its grooming policy is underinclusive in these respects, the Department emphasizes that petitioner's ½-inch beard is longer than the ¼-inch beard allowed for medical reasons. But the Department has failed to establish (and the District Court did not find) that a ¼-inch difference in beard length poses a meaningful increase in security risk. The Department also asserts that few inmates require beards for medical reasons while many may request beards for religious reasons. But the Department has not argued that denying petitioner an exemption is necessary to further a compelling interest in cost control or program administration. At bottom, this argument is but another formulation of the "classic rejoinder of bureaucrats throughout history: If I make an exception for you, I'll have to make one for everybody, so no exceptions." O Centro, 546 U.S., at 436. We have rejected a similar argument in analogous contexts, see ibid.; Sherbert, 374 U.S., at 407, and we reject it again today.

Second, the Department failed to show, in the face of petitioner's evidence, why the vast majority of States and the Federal Government permit inmates to grow ½-inch beards, either for any reason or for religious reasons, but it cannot. See Brief for Petitioner 24–25; Brief for United States as Amicus Curiae 28–29. "While not necessarily controlling, the policies followed at other well-run institutions would be relevant to a determination of the need for a particular type of restriction." Procunier v. Martinez, 416 U.S. 396, 414, n.14 (1974). That so many other prisons allow inmates to grow beards while ensuring prison safety and security sug- [p369] gests that the Department could satisfy its security concerns through a means less restrictive than denying petitioner the exemption he seeks.

We do not suggest that RLUIPA requires a prison to grant a particular religious exemption as soon as a few other jurisdictions do so. But when so many prisons offer an accommodation, a prison must, at a minimum, offer persuasive reasons why it believes that it must take a different course, and the Department failed to make that showing here. Despite this, the courts below deferred to these prison officials' mere say-so that they could not accommodate petitioner's request. RLUIPA, however, demands much more. Courts must hold prisons to their statutory burden, and they must not "assume a plausible, less restrictive alternative would be ineffective." Playboy Entertainment, 529 U.S., at 824.

We emphasize that although RLUIPA provides substantial protection for the religious exercise of institutionalized persons, it also affords prison officials ample ability to maintain security. We highlight three ways in which this is so. First, in applying RLUIPA's statutory standard, courts should not blind themselves to the fact that the analysis is conducted in the prison setting. Second, if an institution suspects that an inmate is using religious activity to cloak illicit conduct, "prison officials may appropriately question whether a prisoner's religiosity, asserted as the basis for a requested accommodation, is authentic." Cutter v. Wilkinson, 544 U.S. 709, 725, n.13 (2005). See also Hobby Lobby, 573 U.S., at 717, n.28. Third, even if a claimant's religious belief is sincere, an institution might be entitled to withdraw an accommodation if the claimant abuses the exemption in a manner that undermines the prison's compelling interests.

IV
In sum, we hold that the Department's grooming policy violates RLUIPA insofar as it prevents petitioner from growing a ½-inch beard in accordance with his religious be- [p370] liefs. The judgment of the United States Court of Appeals for the Eighth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

title: Holt v. Hobbs/Opinion of the Court


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Rh Lady Sandgate half accepted, half qualified this plea. "The only question perhaps is why he doesn't try for some precious work that somebody—less delicious than dear Theign—can be persuaded on bended knees to accept a hundred thousand for."

"'Try' for one?" her younger visitor took it up while her elder more attentively watched him. "That was exactly what he did try for when he pressed you so hard in vain for the great Sir Joshua."

"Oh well, he mustn't come back to that—must he, Theign?" her ladyship cooed.

That personage failed to reply, so that Lord John went on, unconscious apparently of the still more suspicious study to which he exposed himself. "Besides which there are no things of that magnitude knocking about, don't you know?—they've got to be worked up first if they're to reach the grand publicity of the Figure! Would you mind," he continued to his noble monitor, "an agreement on some such basis as this?—that you shall resign yourself to the biggest equivalent you'll squeamishly consent to take, if it's at the same time the smallest he'll squeamishly consent to

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266 offer; but that, that done, you shall leave him free"

Lady Sandgate took it up straight, rounding it off, as their companion only waited. "Leave him free to talk about the sum offered and the sum taken as practically one and the same?"

"Ah, you know," Lord John discriminated, "he doesn't 'talk' so much himself—there's really nothing blatant or crude about poor Bender. It's the rate at which—by the very way he's 'fixed': an awful way indeed, I grant you!—a perfect army of reporter-wretches, close at his heels, are always talking for him and of him."

Lord Theign spoke hereupon at last with the air as of an impulse that had been slowly gathering force. "You talk for him, my dear chap, pretty well. You urge his case, my honour, quite as if you were assured of a commission on the job—on a fine ascending scale! Has he put you up to that proposition, eh? Do you get a handsome percentage and are you to make a good thing of it?"

The young man coloured under this stinging pleasantry—whether from a good conscience affronted or from a bad one made worse; but


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Rh he otherwise showed a bold front, only bending his eyes a moment on his watch. "As he's to come to you himself—and I don't know why the mischief he doesn't come!—he will answer you that graceful question."

"Will he answer it," Lord Theign asked, "with the veracity that the suggestion you've just made on his behalf represents him as so beautifully adhering to?" On which he again quite fiercely turned his back and recovered his detachment, the others giving way behind him to a blanker dismay.

Lord John, in spite of this however, pumped up a tone. "I don't see why you should speak as if I were urging some abomination."

"Then I'll tell you why!"—and Lord Theign was upon him again for the purpose. "Because I had rather give the cursed thing away outright and for good and all than that it should hang out there another day in the interest of such equivocations!"

Lady Sandgate's dismay yielded to her wonder, and her wonder apparently in turn to her amusement. "'Give it away,' my dear friend, to a man who only longs to smother you in gold?"


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268 Her dear friend, however, had lost patience with her levity. "Give it away—just for a luxury of protest and a stoppage of chatter—to some cause as unlike as possible that of Mr. Bender's power of sound and his splendid reputation: to the Public, to the Authorities, to the Thingumbob, to the Nation!"

Lady Sandgate broke into horror while Lord John stood sombre and stupefied. "Ah, my dear creature, you've flights of extravagance!"

"One thing's very certain," Lord Theign quite heedlessly pursued—"that the thought of my property on view there does give intolerably on my nerves, more and more every minute that I'm conscious of it; so that, hang it, if one thinks of it, why shouldn't I, for my relief, do again, damme, what I like?—that is bang the door in their faces, have the show immediately stopped?" He turned with the attraction of this idea from one of his listeners to the other. "It's my show—it isn't Bender's surely—and I can do just as I choose with it."

"Ah, but isn't that the very point?"—and Lady Sandgate put it to Lord John. "Isn't it Bender's show much more than his?"


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Rh Her invoked authority, however, in answer to this, made but a motion of disappointment and disgust at so much rank folly—while Lord Theign, on the other hand, followed up his happy thought. "Then if it's Bender's show, or if he claims it is, there's all the more reason!" And it took his lordship's inspiration no longer to flower. "See here, John—do this: go right round there this moment, please, and tell them from me to shut straight down!"

"'Shut straight down'?" the young man abhorrently echoed.

"Stop it to-night—wind it up and end it: see?" The more the entertainer of that vision held it there the more charm it clearly took on for him. "Have the picture removed from view and the incident closed."

"You seriously ask that of me!" poor Lord John quavered.

"Why in the world shouldn't I? It's a jolly lot less than you asked of me a month ago at Dedborough."

"What then am I to say to them?" Lord John spoke but after a very long moment, during which he had only looked hard and—


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270 an observer might even then have felt—ominously at his taskmaster.

That personage replied as if wholly to have done with the matter. "Say anything that comes into your clever head. I don't really see that there's anything else for you!" Lady Sandgate sighed to the messenger, who gave no sign save of positive stiffness.

The latter seemed still to weigh his displeasing obligation; then he eyed his friend significantly—almost portentously. "Those are absolutely your sentiments?"

"Those are absolutely my sentiments"—and Lord Theign brought this out as with the force of a physical push.

"Very well then!" But the young man, indulging in a final, a fairly sinister, study of such a dealer in the arbitrary, made sure of the extent, whatever it was, of his own wrong. "Not one more day?"

Lord Theign only waved him away. "Not one more hour!"

He paused at the door, this reluctant spokesman, as if for some supreme protest; but after another prolonged and decisive engagement with the two pairs of eyes that waited, though


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Rh differently, on his performance, he clapped on his hat as in the rage of his resentment and departed on his mission.

 III

" can't bear to do it, poor man!" Lady Sandgate ruefully remarked to her remaining guest after Lord John had, under extreme pressure, dashed out to Bond Street.

"I dare say not!"—Lord Theign, flushed with the felicity of self-expression, made little of that. "But he goes too far, you see, and it clears the air—pouah! Now therefore"—and he glanced at the clock—"I must go to Kitty."

"Kitty—with what Kitty wants," Lady Sandgate opined—"won't thank you for that!"

"She never thanks me for anything"—and the fact of his resignation clearly added here to his bitterness. "So it's no great loss!"

"Won't you at any rate," his hostess asked, "wait for Bender?"

His lordship cast it to the winds. "What have I to do with him now?"


text: The Outcry (London: Methuen & Co., 1911)/Book 3/Chapter 2


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272 "Why surely if he'll accept your own price!"

Lord Theign thought—he wondered; and then as if fairly amused at himself: "Hanged if I know what is my own price!" After which he went for his hat. "But there's one thing," he remembered as he came back with it: "where's my too, too unnatural daughter?"

"If you mean Grace and really want her I'll send and find out."

"Not now"—he bethought himself. "But does she see that chatterbox?"

"Mr. Crimble? Yes, she sees him."

He kept his eyes on her. "Then how far has it gone?"

Lady Sandgate overcame an embarrassment. "Well, not even yet, I think, so far as they'd like."

"They'd 'like'—heaven save the mark!—to marry?"

"I suspect them of it. What line, if it should come to that," she asked, "would you then take?"

He was perfectly prompt. "The line that for Grace it's simply ignoble."

The force of her deprecation of such language


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Rh was qualified by tact. "Ah, darling, as dreadful as that?"

He could but view the possibility with dark resentment. "It lets us so down—from what we've always been and done; so down, down, down that I'm amazed you don't feel it!"

"Oh, I feel there's still plenty to keep you up!" she soothingly laughed.

He seemed to consider this vague amount—which he apparently judged, however, not so vast as to provide for the whole yearning of his nature. "Well, my dear," he thus more blandly professed, "I shall need all the extra agrément that your affection can still supply."

If nothing could have been, on this, richer than her response, nothing could at the same time have been more pleasing than her modesty. "Ah, my affection, Theign, is, as I think you know, a fountain always at flood; but in any more worldly element than that I'm—as you've ever seen for yourself—a poor struggler with my own sad affairs, a broken reed; not a bit 'great,' as they used so finely to call it! You are great—with the natural sense of greatness and, for your supreme


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274 support, the instinctive grand manner of doing and taking things."

He sighed, none the less, he groaned, with his frown of trouble, for the strain he foresaw on these resources. "If you mean that I hold up my head, on proper grounds, I grant that I always have. But how's that longer possible when my children commit such base vulgarities? Why in the name of goodness have I such children? What the devil has got into 'em?—and is it really the case that when Grace offers me for a proof of her license and a specimen of her taste such a son-in-law as you tell me I'm in danger of I've just helplessly to swallow the dose?"

"Do you find Mr. Crimble," Lady Sandgate asked as if there might really be something to say for him, "so utterly out of the question?"

"I found him on the two occasions before I went away in the last degree offensive and outrageous; but even if he charged one and one's poor dear decent old defences with less rabid a fury everything about him would forbid that kind of relation."

What kind of relation, if any, Hugh's


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Rh deficiencies might still render thinkable Lord Theign was kept from going on to mention by the voice of Mr. Gotch, who had thrown open the door to the not altogether assured sound of "Mr. Breckenridge Bender." The guest in possession gave a cry of impatience, but Lady Sandgate said "Coming up?"

"If his lordship will see him."

"Oh, he's beyond his time," his lordship pronounced—"I can't see him now!"

"Ah, but mustn't you—and mayn't I then?" She waited, however, for no response to signify to her servant "Let him come," and her companion could but exhale a groan of reluctant accommodation as if he wondered at the point she made of it. It enlightened him indeed perhaps a little that she went on while Gotch did her bidding. "Does the kind of relation you'd be condemned to with Mr. Crimble let you down, down, down, as you say, more than the relation you've been having with Mr. Bender?"

Lord Theign had for it the most uninforming of stares. "Do you mean don't I hate 'em equally both?"

She cut his further reply short, however, by


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276 a "Hush!" of warning—Mr. Bender was there and his introducer had left them.

Lord Theign, full of his purpose of departure, sacrificed hereupon little to ceremony. "I've but a moment, to my regret, to give you, Mr. Bender, and if you've been unavoidably detained, as you great bustling people are so apt to be, it will perhaps still be soon enough for your comfort to hear from me that I've just given order to close our exhibition. From the present hour on, sir"—he put it with the firmness required to settle the futility of an appeal.

Mr. Bender's large surprise lost itself, however, promptly enough, in Mr. Bender's larger ease. "Why, do you really mean it, Lord Theign?—removing already from view a work that gives innocent gratification to thousands?"

"Well," said his lordship curtly, "if thousands have seen it I've done what I wanted, and if they've been gratified I'm content—and invite you to be."

Mr. Bender showed more keenness for this richer implication. "In other words it's I who may remove the picture?"

"Well—if you'll take it on my estimate."

"But what, Lord Theign, all this time," Mr.


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Rh Bender almost pathetically pleaded, "is your estimate?"

The parting guest had another pause, which prolonged itself, after he had reached the door, in a deep solicitation of their hostess's conscious eyes. This brief passage apparently inspired his answer. "Lady Sandgate will tell you." The door closed behind him.

The charming woman smiled then at her other friend, whose comprehensive presence appeared now to demand of her some account of these strange proceedings. "He means that your own valuation is much too shockingly high."

"But how can I know how much unless I find out what he'll take?" The great collector's spirit had, in spite of its volume, clearly not reached its limit of expansion. "Is he crazily waiting for the thing to be proved not what Mr. Crimble claims?"

"No, he's waiting for nothing—since he holds that claim demolished by Pappendick's tremendous negative, which you wrote to tell him of."

Vast, undeveloped and suddenly grave, Mr. Bender's countenance showed like a barren


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278 tract under a black cloud. "I wrote to report, fair and square, on Pappendick, but to tell him I'd take the picture just the same, negative and all."

"Ah, but take it in that way not for what it is but for what it isn't."

"We know nothing about what it 'isn't,'" said Mr. Bender, "after all that has happened—we've only learned a little better every day what it is."

"You mean," his companion asked, "the biggest bone of artistic contention?"

"Yes"—he took it from her—"the biggest that has been thrown into the arena for quite a while. I guess I can do with it for that."

Lady Sandgate, on this, after a moment, renewed her personal advance; it was as if she had now made sure of the soundness of her main bridge. "Well, if it's the biggest bone I won't touch it; Til leave it to be mauled by my betters. But since his lordship has asked me to name a price, dear Mr. Bender, I'll name one—and as you prefer big prices I'll try to make it suit you. Only it won't be for the portrait of a person nobody is agreed about. The whole world is agreed, you know, about my great-grandmother."


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Rh "Oh, shucks, Lady Sandgate!"—and her visitor turned from her with the hunch of overcharged shoulders.

But she apparently felt that she held him, or at least that even if such a conviction might be fatuous she must now put it to the touch. "You've been delivered into my hands—too charmingly; and you won't really pretend that you don't recognise that and in fact rather like it."

He faced about to her again as to a case of coolness unparalleled—though indeed with a quick lapse of real interest in the question of whether he had been artfully practised upon; an indifference to bad debts or peculation like that of some huge hotel or other business involving a margin for waste. He could afford, he could work waste too, clearly—and what was it, that term, you might have felt him ask, but a mean measure, anyway? quite as the "artful," opposed to his larger game, would be the hiding and pouncing of children at play. "Do I gather that those uncanny words of his were just meant to put me off?" he inquired. And then as she but boldly and smilingly shrugged, repudiating responsibility, "Look here, Lady


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280 Sandgate, ain't you honestly going to help me?" he pursued.

This engaged her sincerity without affecting her gaiety. "Mr. Bender, Mr. Bender, I'll help you if you'll help me!"

"You'll really get me something from him to go on with?"

"I'll get you something from him to go on with."

"That's all I ask—to get that. Then I can move the way I want. But without it I'm held up."

"You shall have it," she replied, "if I in turn may look to you for a trifle on account."

"Well," he dryly gloomed at her, "what do you call a trifle?"

"I mean"—she waited but an instant—"what you would feel as one."

"That won't do. You haven't the least idea, Lady Sandgate," he earnestly said, "how I feel at these foolish times. I've never got used to them yet."

"Ah, don't you understand," she pressed, "that if I give you an advantage I'm completely at your mercy?"


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Rh "Well, what mercy," he groaned, "do you deserve?"

She waited a little, brightly composed—then she indicated her inner shrine, the whereabouts of her precious picture. "Go and look at her again and you'll see."

His protest was large, but so, after a moment, was his compliance—his heavy advance upon the other room, from just within the doorway of which the great Lawrence was serenely visible. Mr. Bender gave it his eyes once more—though after the fashion verily of a man for whom it had now no freshness of a glamour, no shade of a secret; then he came back to his hostess. "Do you call giving me an advantage squeezing me by your sweet modesty for less than I may possibly bear?"

"How can I say fairer," she returned, "than that, with my backing about the other picture, which I've passed you my word for, thrown in, I'll resign myself to whatever you may be disposed—characteristically!—to give for this one."

"If it's a question of resignation," said Mr. Bender, "you mean of course what I may be disposed—characteristically!—not to give."


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282 She played on him for an instant all her radiance. "Yes then, you dear sharp rich thing!"

"And you take in, I assume," he pursued, "that I'm just going to lean on you, for what I want, with the full weight of a determined man."

"Well," she laughed, "I promise you I'll thoroughly obey the direction of your pressure."

"All right then!" And he stopped before her, in his unrest, monumentally pledged, yet still more massively immeasurable. "How'll you have it?"

She bristled as with all the possible beautiful choices; then she shed her selection as a heaving fruit-tree might have dropped some round ripeness. It was for her friend to pick up his plum and his privilege. "Will you write a cheque?"

"Yes, if you want it right away." To which, however, he added, clapping vainly a breast-pocket: "But my cheque-book's down in my car."

"At the door?" She scarce required his assent to touch a bell. "I can easily send for it." And she threw off while they waited:


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Rh "It's so sweet your 'flying round' with your cheque-book!"

He put it with promptitude another way. "It flies round pretty well with me!"

"Mr. Bender's cheque-book—in his car," she went on to Gotch, who had answered her summons.

The owner of the interesting object further instructed him: "You'll find in the pocket a large red morocco case."

"Very good, sir," said Gotch—but with another word for his mistress. "Lord John would like to know"

"Lord John's there?" she interrupted.

Gotch turned to the open door. "Here he is, my lady."

She accommodated herself at once, under Mr. Bender's eye, to the complication involved in his lordship's presence, "It's he who went round to Bond Street."

Mr. Bender stared, but saw the connection. "To stop the show?" And then as the young man was already there: "You've stopped the show?"

"It's 'on' more than ever!" Lord John responded while Gotch retired: a hurried,


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284 flurried, breathless Lord John, strikingly different from the backward messenger she had lately seen despatched. "But Theign should be here!"—he addressed her excitedly. "I announce you a call from the Prince."

"The Prince?"—she gasped as for the burden of the honour. "He follows you?"

Mr. Bender, with an eagerness and a candour there was no mistaking, recognised on behalf of his ampler action a world of associational advantage and auspicious possibility. "Is the Prince after the thing?"

Lord John remained, in spite of this challenge, conscious of nothing but his message. "He was there with Mackintosh—to see and admire the picture; which he thinks, by the way, a Mantovano pure and simple!—and did me the honour to remember me. When he heard me report to Mackintosh in his presence the sentiments expressed to me here by our noble friend and of which, embarrassed though I doubtless was," the young man pursued to Lady Sandgate, "I gave as clear an account as I could, he was so delighted with it that he declared they mustn't think then of taking the thing off, but must on the contrary keep


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Rh putting it forward for all it's worth, and he would come round and congratulate and thank Theign and explain him his reasons."

Their hostess cast about for a sign. "Why Theign is at Kitty's, worse luck! The Prince calls on him here?"

"He calls, you see, on you, my lady—at five-forty-five; and graciously desired me so to put it you."

"He's very kind, but"—she took in her condition—"I'm not even dressed!"

"You'll have time"—the young man was a comfort—" while I rush to Berkeley Square. And pardon me, Bender—though it's so near—if I just bag your car."

"That's, that's it, take his car!"—Lady Sandgate almost swept him away.

"You may use my car all right," Mr. Bender contributed—"but what I want to know is what the man's after."

"The man? what man?" his friend scarce paused to ask.

"The Prince then—if you allow he is a man! Is he after my picture?"

Lord John vividly disclaimed authority. "If you'll wait, my dear fellow, you'll see."


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286 "Oh why should he 'wait'?" burst from their cautious companion—only to be caught up, however, in the next breath, so swift her gracious revolution. "Wait, wait indeed, Mr. Bender—I won't give you up for any Prince!" With which she appealed again to Lord John. "He wants to 'congratulate'?"

"On Theign's decision, as I've told you—which I announced to Mackintosh, by Theign's extraordinary order, under his Highness's nose, and which his Highness, by the same token, took up like a shot."

Her face, as she bethought herself, was convulsed as by some quick perception of what her informant must have done and what therefore the Prince's interest rested on; all, however, to the effect, given their actual company, of her at once dodging and covering that issue. "The decision to remove the picture?"

Lord John also observed a discretion. "He wouldn't hear of such a thing—says it must stay stock still. So there you are!"

This determined in Mr. Bender a not unnatural, in fact quite a clamorous, series of questions. "But where are we, and what has the Prince to do with Lord Theign's decision


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Holt v. Hobbs/Concurrence Ginsburg

JUSTICE GINSBURG, with whom JUSTICE SOTOMAYOR joins, concurring.

Unlike the exemption this Court approved in Burwell v. Hobby Lobby Stores, Inc., 573 U.S. 682 (2014), accommodating petitioner's religious belief in this case would not detrimentally affect others who do not share petitioner's belief. See id., at 740, 745–746, and n. 8, 764 (GINSBURG, J., dissenting). On that understanding, I join the Court's opinion.

title: Holt v. Hobbs/Concurrence Ginsburg


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Rh when that's all I'm here for? What in thunder is Lord Theign's decision—what was his 'extraordinary order'?"

Lord John, too long detained and his hand now on the door, put off this solicitor as he had already been put off. "Lady Sandgate, you tell him! I rush!"

Mr. Bender saw him vanish, but all to a greater bewilderment. "What the h then (I beg your pardon!) is he talking about, and what 'sentiments' did he report round there that Lord Theign had been expressing?"

His hostess faced it not otherwise than if she had resolved not to recognise the subject of his curiosity—for fear of other recognitions. "They put everything on me, my dear man—but I haven't the least idea."

He looked at her askance. "Then why does the fellow say you have?"

Much at a loss for the moment, she yet found her way. "Because the fellow's so agog that he doesn't know what he says!" In addition to which she was relieved by the reappearance of Gotch, who bore on a salver the object he had been sent for and to which he duly called attention.


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288 "The large red morocco case."

Lady Sandgate fairly jumped at it. "Your blessed cheque-book. Lay it on my desk," she said to Gotch, though waiting till he had departed again before she resumed to her visitor: "Mightn't we conclude before he comes?"

"The Prince?" Mr. Bender's imagination had strayed from the ground to which she sought to lead it back, and it but vaguely retraced its steps. "Will he want your great-grandmother?"

"Well, he may when he sees her!" Lady Sandgate laughed. "And Theign, when he comes, will give you on his own question, I feel sure, every information. Shall I fish it out for you?" she encouragingly asked, beside him by her secretary-desk, at which he had arrived under her persuasive guidance and where she sought solidly to establish him, opening out the gilded crimson case for his employ, so that he had but to help himself. "What enormous cheques! You can never draw one for two-pound-ten!"

"That's exactly what you deserve I should do!" He remained after this solemnly still,


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 RHODODAPHNE:

OR

THE THESSALIAN SPELL.

A POEM.

LONDON:

PRINTED FOR T. HOOKHAM, JUN. OLD BOND-STREET; AND BALDWIN, CRADOCK, AND JOY, PATERNOSTER-ROW.

1818.


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Rh however, like some high-priest circled with ceremonies; in consonance with which, the next moment, both her hands held out to him the open and immaculate page of the oblong series much as they might have presented a royal infant at the christening-font.

He failed, in his preoccupation, to receive it; so she placed it before him on the table, coming away with a brave gay "Well, I leave it to you!" She had not, restlessly revolving, kept her discreet distance for many minutes before she found herself almost face to face with the recurrent Gotch, upright at the door with a fresh announcement.

"Mr. Crimble, please—for Lady Grace."

"Mr. Crimble again?"—she took it discomposedly.

It reached Mr. Bender at the secretary, but to a different effect. "Mr. Crimble? Why he's just the man I want to see!"

Gotch, turning to the lobby, had only to make way for him. "Here he is, my lady."

"Then tell her ladyship."

"She has come down," said Gotch while Hugh arrived and his companion withdrew, and while Lady Grace, reaching the scene


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Holt v. Hobbs/Concurrence Sotomayor

JUSTICE SOTOMAYOR, concurring.

I concur in the Court's opinion, which holds that the Department failed to show why the less restrictive alternatives identified by petitioner in the course of this litigation were inadequate to achieve the Department's compelling security-related interests. I write separately to explain my understanding of the applicable legal standard.

Nothing in the Court's opinion calls into question our prior holding in Cutter v. Wilkinson, 544 U.S. 709 (2005), that "[c]ontext matters" in the application of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 114 Stat. 803, 42 U.S.C. § 2000cc et seq. 544 U.S. at 723 (internal quotation marks omitted). In the dangerous prison environment, "regulations and procedures" are needed to "maintain good order, security and discipline, consistent with consideration of costs and limited resources." Ibid. Of course, that is not to say that cost alone is an absolute defense to an otherwise meritorious RLUIPA claim. See § 2000cc-3(c). Thus, we recognized "that prison security is a compelling state interest, and that deference is due to institutional officials' expertise in this area." Id., at 725, n.13.

[p371] I do not understand the Court's opinion to preclude deferring to prison officials' reasoning when that deference is due—that is, when prison officials offer a plausible explanation for their chosen policy that is supported by whatever evidence is reasonably available to them. But the deference that must be "extend[ed to] the experience and expertise of prison administrators does not extend so far that prison officials may declare a compelling governmental interest by fiat." Yellowbear v. Lampert, 741 F.3d 48, 59 (CA10 2014). Indeed, prison policies grounded on mere speculation are exactly the ones that motivated Congress to enact RLUIPA. 106 Cong. Rec. 16699 (2000) (quoting S. Rep. No. 103-111, p. 10 (1993)).

Here, the Department's failure to demonstrate why the less restrictive policies petitioner identified in the course of the litigation were insufficient to achieve its compelling interests—not the Court's independent judgment concerning the merit of these alternative approaches—is ultimately fatal to the Department's position. The Court is appropriately skeptical of the relationship between the Department's no-beard policy and its alleged compelling interests because the Department offered little more than unsupported assertions in defense of its refusal of petitioner's requested religious accommodation. RLUIPA requires more.

One final point bears emphasis. RLUIPA requires institutions refusing an accommodation to demonstrate that the policy it defends "is the least restrictive means of furthering [the alleged] compelling interest[s]." § 2000cc-1(a)(2); see also Washington v. Klem, 497 F.3d 272, 284 (CA3 2007) ("[T]he phrase 'least restrictive means' is, by definition, a relative term. It necessarily implies a comparison with other means"); Couch v. Jabe, 679 F.3d 197, 203 (CA4 2012) (same). But nothing in the Court's opinion suggests that prison officials must refute every conceivable option to satisfy RLUIPA's least restrictive means requirement. Nor does it intimate that officials must prove that they consid- [p372] ered less restrictive alternatives at a particular point in time. Instead, the Court correctly notes that the Department inadequately responded to the less restrictive policies that petitioner brought to the Department's attention during the course of the litigation, including the more permissive policies used by the prisons in New York and California. See, e.g., United States v. Wilgus, 638 F.3d 1274, 1289 (CA10 2011) (observing in the analogous context of the Religious Freedom Restoration Act of 1993 that the government need not "do the impossible—refute each and every conceivable alternative regulation scheme" but need only "refute the alternative schemes offered by the challenger").

Because I understand the Court's opinion to be consistent with the foregoing, I join it.

title: Holt v. Hobbs/Concurrence Sotomayor


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290 from the other quarter, emerged in bright equipment—in her hat, scarf and gloves.

 IV

young persons were thus at once confronted across the room, and the girl explained her preparation. "I was listening hard—for your knock and your voice."

"Then know that, thank God, it's all right!"—Hugh was breathless, jubilant, radiant.

"A Mantovano?" she delightedly cried.

"A Mantovano!" he proudly gave back.

"A Mantovano!"—it carried even Lady Sandgate away.

"A Mantovano—a sure thing?" Mr. Bender jumped up from his business, all gaping attention to Hugh.

"I've just left our blest Bardi," said that young man—"who hasn't the shadow of a doubt and is delighted to publish it everywhere."

"Will he publish it right here to me?" Mr. Bender hungrily asked.


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ancient celebrity of Thessalian magic is familiar, even from Horace, to every classical reader. The Metamorphoses of Apuleius turn entirely upon it, and the following passage in that work might serve as the text of a long commentary on the subject. "Considering that I was now in the middle of Thessaly, celebrated by the accordant voice of the world as the birthplace of the magic art, I examined all things with intense curiosity. Nor did I believe any thing which I saw in that city (Hypata) to be what it appeared; but I imagined that every object around me had been changed by incantation from


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vi its natural shape; that the stones of the streets, and the waters of the fountains, were indurated and liquified human bodies; and that the trees which surrounded the city, and the birds which were singing in their boughs, were equally human beings, in the disguise of leaves and feathers. I expected the statues and images to walk, the walls to speak; I anticipated prophetic voices from the cattle, and oracles from the morning sky."

According to Pliny, Menander, who was skilled in the subtleties of learning, composed a Thessalian drama, in which he comprised the incantations and magic ceremonies of women drawing down the moon. Pliny considers the belief in magic as the combined effect of the operations of three powerful causes, medicine, superstition, and the mathematical arts. He does not mention music, to which the ancients (as is shewn by the


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 fables of Orpheus, Amphion, the Sirens, &c.) ascribed the most miraculous powers: but, strictly speaking, it was included in the mathematical arts, as being a science of numerical proportion.

The belief in the supernatural powers of music and pharmacy ascends to the earliest ages of poetry. Its most beautiful forms are the Circe of Homer, and Medea in the days of her youth, as she appears in the third book of Apollonius.

Lucian's treatise on the Syrian Goddess contains much wild and wonderful imagery; and his Philopseudes, though it does not mention Thessalian magic in particular, is a compendium of almost all the ideas entertained by the ancients of supernatural power, distinct from, and subordinate to, that of the gods; though the gods were supposed to be drawn from their cars by magic, and compelled, however reluctantly, to yield it a


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 temporary obedience. These subjects appear to have been favourite topics with the ancients in their social hours, as we may judge from the Philopseudes, and from the tales related by Niceros and Trimalchio at the feast given by the latter in the Satyricon of Petronius. Trimalchio concludes his marvellous narrative by saying (in the words which form the motto of this poem): "You must of necessity believe that there are women of supernatural science, framers of nocturnal incantations, who can turn the world upside down."

It will appear from these references, and more might have been made if it had not appeared superfluous, that the power ascribed by the ancients to Thessalian magic is by no means exaggerated in the following poem, though its forms are in some measure diversified.


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 The opening scene of the poem is in the Temple of Love at Thespia, a town of Bœotia, near the foot of Mount Helicon. That Love was the principal deity of Thespia we learn from Pausanias; and Plutarch, in the beginning of his Erotic dialogue, informs us, that a festival in honour of this deity was celebrated by the Thespians with great splendor every fifth year. They also celebrated a quinquennial festival in honour of the Muses, who had a sacred grove and temple in Helicon. Both these festivals are noticed by Pausanias, who mentions likewise the three statues of Love, (though without any distinguishing attributes,) and those of Venus and Phryne by Praxiteles. The Winged Love of Praxiteles, in Pentelican marble, which he gave to his mistress Phryne, who bestowed it on her native Thespia, was held in immense admiration by the ancients.


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 Cicero speaks of it as the great and only attraction of Thespia.

The time is an intermediate period between the age of the Greek tragedians, who are alluded to in the second canto, and that of Pausanias, in whose time the Thespian altar had been violated by Nero, and Praxiteles's statue of Love removed to Rome, for which outrageous impiety, says Pausanias, he was pursued by the just and manifest vengeance of the gods, who, it would seem, had already terrified Claudius into restoring it, when Caligula had previously taken it away.

The second song in the fifth canto is founded on the Homeric hymn, "Bacchus, or the Pirates."

Some other imitations of classical passages, but for the most part interwoven with unborrowed ideas, will occur to the classical reader.

The few notes subjoined are such as seemed


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Rh "Well," Hugh smiled, "you can try him."

"But try him how, where?" The great collector, straining to instant action, cast about for his hat. "Where is he, hey?"

"Don't you wish I'd tell you?" Hugh, in his personal elation, almost cynically answered.

"Won't you wait for the Prince?" Lady Sandgate had meanwhile asked of her friend; but had turned more inspectingly to Lady Grace before he could reply. "My dear child—though you're lovely!—are you sure you're ready for him?"

"For the Prince!"—the girl was vague. "Is he coming?"

"At five-forty-five." With which she consulted her bracelet watch, but only at once to wail for alarm. "Ah, it is that, and I'm not dressed!" She hurried off through the other room.

Mr. Bender, quite accepting her retreat, addressed himself again unabashed to Hugh. "It's your blest Bardi I want first—I'll take the Prince after."

The young man clearly could afford indulgence now. "Then I left him at Long's Hotel."


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292 "Why, right near! I'll come back." And Mr. Bender's flight was on the wings of optimism.

But it all gave Hugh a quick question for Lady Grace. "Why does the Prince come, and what in the world's happening?"

"My father has suddenly returned—it may have to do with that."

The shadow of his surprise darkened visibly to that of his fear. "Mayn't it be more than anything else to give you and me his final curse?"

"I don't know—and I think I don't care. I don't care," she said, "so long as you're right and as the greatest light of all declares you are."

"He is the greatest"—Hugh was vividly of that opinion now: "I could see it as soon as I got there with him, the charming creature! There, before the holy thing, and with the place, by good luck, for those great moments, practically to ourselves—without Mackintosh to take in what was happening or any one else at all to speak of—it was but a matter of ten minutes: he had come, he had seen, and I had conquered."


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 absolutely necessary to explain or justify the text. Those of the latter description might, perhaps, have been more numerous, if much deference had seemed due to that species of judgment, which, having neither light nor tact of its own, can only see and feel through the medium of authority.


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Rh "Naturally you had!"—the girl hung on him for it; "and what was happening beyond everything else was that for your original dear divination, one of the divinations of genius—with every creature all these ages so stupid—you were being baptised on the spot a great man."

"Well, he did let poor Pappendick have it at least—he doesn't think he's one: that that eminent judge couldn't, even with such a leg up, rise to my level or seize my point. And if you really want to know," Hugh went on in his gladness, "what for us has most particularly and preciously taken place, it is that in his opinion, for my career"

"Your reputation," she cried, "blazes out and your fortune's made?"

He did a happy violence to his modesty. "Well, Bardi adores intelligence and takes off his hat to me."

"Then you need take off yours to nobody!"—such was Lady Grace's proud opinion. "But I should like to take off mine to him," she added; "which I seem to have put on—to get out and away with you—expressly for that."


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294 Hugh, as he looked her over, took it up in bliss. "Ah, we'll go forth together to him then—thanks to your happy, splendid impulse!—and you'll back him gorgeously up in the good he thinks of me."

His friend yet had on this a sombre second thought. "The only thing is that our awful American!"

But he warned her with a raised hand. "Not to speak of our awful Briton!"

For the door had opened from the lobby, admitting Lord Theign, unattended, who, at sight of his daughter and her companion, pulled up and held them a minute in reprehensive view—all at least till Hugh undauntedly, indeed quite cheerfully, greeted him.

"Since you find me again in your path, my lord, it's because I've a small, but precious document to deliver you, if you'll allow me to do so; which I feel it important myself to place in your hand." He drew from his breast a pocket-book and extracted thence a small unsealed envelope; retaining the latter a trifle helplessly in his hand while Lord Theign only opposed to this demonstration an unmitigated blankness. He went none the less bravely on.


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 Rogo vos, oportet, credatis, sunt mulieres plus sciæ, sunt nocturnæ, et quod sursum est deorsum faciunt.—Author:Petronius.


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Rh "I mentioned to you the last time we somewhat infelicitously met that I intended to appeal to another and probably more closely qualified artistic authority on the subject of your so-called Moretto; and I in fact saw the picture half an hour ago with Bardi of Milan, who, there in presence of it, did absolute, did ideal justice, as I had hoped, to the claim I've been making. I then went with him to his hotel, close at hand, where he dashed me off this brief and rapid, but quite conclusive, Declaration, which, if you'll be so good as to read it, will enable you perhaps to join us in regarding the vexed question as settled."

His lordship, having faced this speech without a sign, rested on the speaker a somewhat more confessed intelligence, then looked hard at the offered note and hard at the floor—all to avert himself actively afterward and, with his head a good deal elevated, add to his distance, as it were, from every one and everything so indelicately thrust on his attention. This movement had an ambiguous makeshift air, yet his companions, under the impression of it, exchanged a hopeless look. His daughter none the less lifted her voice. "If you won't


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296 take what he has for you from Mr. Crimble, father, will you take it from me?" And then as after some apparent debate he appeared to decide to heed her, "It may be so long again," she said, "before you've a chance to do a thing I ask."

"The chance will depend on yourself!" he returned with high dry emphasis. But he held out his hand for the note Hugh had given her and with which she approached him; and though face to face they seemed more separated than brought near by this contact without commerce. She turned away on one side when he had taken the missive, as Hugh had turned away on the other; Lord Theign drew forth the contents of the envelope and broodingly and inexpressively read the few lines; after which, as having done justice to their sense, he thrust the paper forth again till his daughter became aware and received it. She restored it to her friend while her father dandled off anew, but coming round this time, almost as by a circuit of the room, and meeting Hugh, who took advantage of it to repeat by a frank gesture his offer of Bardi's attestation. Lord Theign passed with the young man on this a


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Rh couple of mute minutes of the same order as those he had passed with Lady Grace In the same connection; their eyes dealt deeply with their eyes but to the effect of his lordship's accepting the gift, which after another minute he had slipped into his breast-pocket. It was not till then that he brought out a curt but resonant "Thank you!" While the others awaited his further pleasure he again bethought himself then he addressed Lady Grace. "I must let Mr. Bender know"

"Mr. Bender," Hugh interposed, "does know. He's at the present moment with the author of that note at Long's Hotel."

"Then I must now write him"—and his lordship, while he spoke and from where he stood, looked in refined disconnectedness out of the window.

"Will you write there?"—and his daughter indicated Lady Sandgate's desk, at which we have seen Mr. Bender so importantly seated.

Lord Theign had a start at her again speaking to him; but he bent his view on the convenience awaiting him and then, as to have done with so tiresome a matter, took advantage of it. He went and placed himself, and had


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298 reached for paper and a pen when, struck apparently with the display of some incongruous object, he uttered a sharp "Hallo!"

"You don't find things?" Lady Grace asked—as remote from him in one quarter of the room as Hugh was in another.

"On the contrary!" he oddly replied. But plainly suppressing any further surprise he committed a few words to paper and put them into an envelope, which he addressed and brought away.

"If you like," said Hugh urbanely, "I'll carry him that myself."

"But how do you know what it consists of?"

"I don't know. But I risk it."

His lordship weighed the proposition in a high impersonal manner—he even nervously weighed his letter, shaking it with one hand upon the finger-tips of the other; after which, as finally to acquit himself of any measureable obligation, he allowed Hugh, by a surrender of the interesting object, to redeem his offer of service. "Then you'll learn," he simply said.

"And may I learn?" asked Lady Grace.

"You?" The tone made so light of her that it was barely interrogative.


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Rh "May I go with him?"

Her father looked at the question as at some cup of supreme bitterness—a nasty and now quite regular dose with which his lips were familiar, but before which their first movement was always tightly to close. "With me, my lord," said Hugh at last, thoroughly determined they should open and intensifying the emphasis.

He had his effect, and Lord Theign's answer, addressed to Lady Grace, made indifference very comprehensive. "You may do what ever you dreadfully like!"

At this then the girl, with an air that seemed to present her choice as absolutely taken, reached the door which Hugh had come across to open for her. Here she paused as for another, a last look at her father, and her expression seemed to say to him unaidedly that, much as she would have preferred to proceed to her act without this gross disorder, she could yet find inspiration too in the very difficulty and the old faiths themselves that he left her to struggle with. All this made for depth and beauty in her serious young face—as it had indeed a force that, not indistinguishably, after an instant, his lordship lost


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300 any wish for longer exposure to. His shift of his attitude before she went out was fairly an evasion; if the extent of the levity of one of his daughters made him afraid, what might have been his present strange sense but a fear of the other from the extent of her gravity? Lady Grace passes from us at any rate in her laced and pearled and plumed slimness and her pale concentration—leaving her friend a moment, however, with his hand on the door.

"You thanked me just now for Bardi's opinion after all," Hugh said with a smile; "and it seems to me that—after all as well—I've grounds for thanking you." On which he left his benefactor alone.

"Tit for tat!" There broke from Lord Theign, in his solitude, with the young man out of earshot, that vague ironic comment; which only served his turn, none the less, till, bethinking himself, he had gone back to the piece of furniture used for his late scribble and come away from it again the next minute delicately holding a fair slip that we naturally recognise as Mr. Bender's forgotten cheque. This apparently surprising value he now studied at his ease and to the point of its even


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Rh drawing from him an articulate "What in damnation—?" His speculation dropped before the return of his hostess, whose approach through the other room fell upon his ear and whom he awaited after a quick thrust of the cheque into his waistcoat.

Lady Sandgate appeared now in due—that is in the most happily adjusted—splendour; she had changed her dress for something smarter and more appropriate to the entertainment of Princes. "Tea will be downstairs," she said. "But you're alone?"

"I've just parted," her friend replied, "with Grace and Mr. Crimble."

"'Parted' with them?"—the ambiguity struck her.

"Well, they've gone out together to flaunt their monstrous connection!"

"You speak," she laughed, "as if it were too gross—! They're surely coming back?"

"Back to you, if you like—but not to me."

"Ah, what are you and I," she tenderly argued, "but one and the same quantity? And though you may not as yet absolutely rejoice in—well, whatever they're doing," she


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302 cheerfully added, "you'll get beautifully used to it."

"That's just what I'm afraid of—what such horrid matters make of one!"

"At the worst then, you see"—she maintained her optimism—"the recipient of royal attentions!"

"Oh," said her companion, whom his honour seemed to leave comparatively cold, "it's simply as if the gracious Personage were coming to condole!"

Impatient of the lapse of time, in any case, she assured herself again of the hour. "Well, if he only does come!"

"John—the wretch!" Lord Theign returned "will take care of that: he has nailed him and will bring him."

"What was it then," his friend found occasion in the particular tone of this reference to demand, "what was it that, when you sent him off, John spoke of you in Bond Street as specifically intending?"

Oh he saw it now all lucidly—if not rather luridly—and thereby the more tragically. "He described me in his nasty rage as consistently—well, heroic!"


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Rh "His rage"—she pieced it sympathetically out—"at your destroying his cherished credit with Bender?"

Lord Theign was more and more possessed of this view of the manner of it. "I had come between him and some profit that he doesn't confess to, but that made him viciously and vindictively serve me up there, as he caught the chance, to the Prince—and the People!"

She cast about, in her intimate interest, as for some closer conception of it. "By saying that you had remarked here that you offered the People the picture?

"As a sacrifice—yes!—to morbid, though respectable scruples." To which he sharply added, as if struck with her easy grasp of the scene: "But I hope you've nothing to call a memory for any such extravagance?"

Lady Sandgate waited then boldly took her line. "None whatever! You had reacted against Bender but you hadn't gone so far as that!"

He had it now all vividly before him. "I had reacted—like a gentleman; but it didn't thereby follow that I acted—or spoke—like a


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304 demagogue; and my mind's a complete blank on the subject of my having done so."

"So that there only flushes through your conscience," she suggested, "the fact that he has forced your hand?"

Fevered with the sore sense of it his lordship wiped his brow. "He has played me, for spite, his damned impertinent trick!"

She found but after a minute—for it wasn't easy—the right word, or the least wrong, for the situation. "Well, even if he did so diabolically commit you, you still don't want—do you?—to back out."

Resenting the suggestion, which restored all his nobler form, Lord Theign fairly drew himself up. "When did I ever in all my life back out?"

"Never, never in all your life of course!"—she dashed a bucketful at the flare. "And the picture after all!"

"The picture after all"—he took her up in cold grim gallant despair—"has just been pronounced definitely priceless." And then to meet her gaping ignorance: "By Mr. Crimble's latest and apparently greatest adviser, who strongly stamps it a Mantovano and whose practical affidavit I now possess."


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Rh Poor Lady Sandgate gaped but the more—she wondered and yearned. "Definitely priceless?"

"Definitely priceless." After which he took from its place of lurking, considerately unfolding it, the goodly slip he had removed from her blotting-book. "Worth even more therefore than what Bender so blatantly offers."

Her attention fell with interest, from the distance at which she stood, on this confirmatory document, her recognition of which was not immediate. "And is that the affidavit?"

"This is a cheque to your order, my lady, for ten thousand pounds."

"Ten thousand?"—she echoed it with a shout.

"Drawn by some hand unknown," he went on quietly.

"Unknown?"—again, in her muffled joy, she let it sound out.

"Which I found there at your desk a moment ago, and thought best, in your interest, to rescue from accident or neglect; even though it be, save for the single stroke of a name begun," he wound up with his look like a playing searchlight, "unhappily unsigned."


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Author:Ivo Andrić

Short Stories

 * The Žepa Bridge tr. by L. Vidaković in the Slavonic Review (1926)

Poetry collections

 * Ex Ponto (1918)
 * Nemiri (1920)

title: Author:Ivo Andrić


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306 "Unsigned?"—the exhibition of her design, of her defeat, kept shaking her. "Then it isn't good?"

"It's a Barmecide feast, my dear!"—he had still, her kind friend, his note of grimness and also his penetration of eye. "But who is it writes you colossal cheques?"

"And then leaves them lying about?" Her case was so bad that you would have seen how she felt she must do something—something quite splendid. She recovered herself, she faced the situation with all her bright bravery of expression and aspect; conscious, you might have guessed, that she had never more strikingly embodied, on such lines, the elegant, the beautiful and the true. "Why, who can it have been but poor Breckenridge too?"

"'Breckenridge'—?" Lord Theign had his smart echoes. "What in the world does he owe you money for?"

It took her but an instant more—she performed the great repudiation quite as she might be prepared to sweep, in the Presence impending, her grandest curtsey. "Not, you sweet suspicious thing, for my great-grandmother!" And then as his glare didn't fade:


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Author:James Sutherland Menzies

Non-fiction

 * "Outlines of British Female Costume" (1838)
 * "The Wer-Wolf" (1838)
 * Royal Favourites (1865)
 * Political Women (1873)
 * History of France for Junior Classes (1876)
 * History of Germany for Junior Classes (1876)
 * History of the Ottoman Empire in Europe for Junior Classes (1877)
 * History of Europe (1877)
 * Turkey Old and New (1880)

Short stories

 * "Hugues, The Wer-Wolf" (1838)

As translator

 * "The Drowned Page" (1838) by Johann Christoph Friedrich von Schiller
 * "The Pacha’s Grief" (1838) by Victor Hugo
 * "The Magician’s Apprentice" (1839) by Johann Wolfgang von Goethe

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Rh "Bender makes my life a burden—for the love of my precious Lawrence."

"Which you're weakly letting him grab?"—nothing could have been finer with this than Lord Theign's reprobation unless it had been his surprise.

She shook her head as in bland compassion for such an idea. "It isn't a payment, you goose—it's a bribe! I've withstood him, these trying weeks, as a rock the tempest; but he wrote that and left it there, the fiend, to tempt me—to corrupt me!"

"Without putting his name?"—her companion again turned over the cheque.

She bethought herself, clearly with all her genius, as to this anomaly, and the light of reality broke. "He must have been interrupted in the artful act—he sprang up with such a bound at Mr. Crimble's news. At once then—for his interest in it—he hurried off, leaving the cheque forgotten and unfinished." She smiled more intensely, her eyes attached, as from fascination, to the morsel of paper still handled by her friend. "But of course on his next visit he'll add his great signature."

"The devil he will!"—and Lord Theign,


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308 with the highest spirit, tore the crisp token into several pieces, which fluttered, as worthless now as pure snowflakes, to the floor.

"Ay, ay, ay!"—it drew from her a wail of which the character, for its sharp inconsequence, was yet comic.

This renewed his stare at her. "Do you want to back out? I mean from your noble stand."

As quickly, however, she had saved herself. "I'd rather do even what you're doing—offer my treasure to the Thingumbob!"

He was touched by this even to sympathy. "Will you then join me in setting the example of a great donation?"

"To the What-do-you-call-it?" she extravagantly smiled.

"I call it," he said with dignity, "the 'National Gallery.'"

She closed her eyes as with a failure of breath. "Ah my dear friend!"

"It would convince me," he went on, insistent and persuasive.

"Of the sincerity of my affection?"—she drew nearer to him.

"It would comfort me"—he was satisfied


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Rh with his own expression. Yet in a moment, when she had come all rustlingly and fragrantly close, "It would captivate me," he handsomely added.

"It would captivate you?" It was for her, we should have seen, to be satisfied with his expression; and, with our more informed observation of all it was a question of her giving up, she would have struck us as subtly bargaining.

He gallantly amplified. "It would peculiarly—by which I mean it would so naturally—unite us!"

Well, that was all she wanted. "Then for a complete union with you—of fact as well as of fond fancy!" she smiled—"there's nothing, even to my one ewe lamb, I'm not ready to surrender."

"Ah, we don't surrender," he urged—"we enjoy!"

"Yes," she understood: "with the glory of our grand gift thrown in."

"We quite swagger," he gravely observed—"though even swaggering would after this be dull without you."

"Oh, I'll swagger with you!" she cried as if


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310 it quite settled and made up for everything; and then impatiently, as she beheld Lord John, whom the door had burst open to admit: "The Prince?"

"The Prince!"—the young man launched it as a call to arms.

They had fallen apart on the irruption, the pair discovered, but she flashed straight at her lover: "Then we can swagger now!"

Lord Theign had reached the open door. "I meet him below."

Demurring, debating, however, she stayed him a moment. "But oughtn't I—in my own house?"

His lordship caught her meaning. "You mean he may think—?" But he as easily pronounced. "He shall think the Truth!" And with a kiss of his hand to her he was gone.

Lord John, who had gazed in some wonder at these demonstrations, was quickly about to follow, but she checked him with an authority she had never before used and which was clearly the next moment to prove irresistible. "Lord John, be so good as to stop." Looking about at the condition of a


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Rh room on the point of receiving so august a character, she observed on the floor the fragments of the torn cheque, to which she sharply pointed. "And please pick up that litter!"


text: The Outcry (London: Methuen & Co., 1911)/Book 3/Chapter 4


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Author talk:James Sutherland Menzies

"The Wood Gypsy’s Night Song"
Since Sutherland Menzies was credited as the translator of Goethe's "The Magician’s Apprentice" in The Court Magazine, he may also have been the uncredited translator of Goethe's "The Wood Gypsy’s Night Song" included later in the same volume. If so, there may be other German (and French, etc.) translations that he wasn't credited for in the same magazine. -- Yodin T 08:20, 24 December 2023 (UTC)

title: Author talk:James Sutherland Menzies


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 Now I see no sin in saying, bou, bou, bou, bou, bou, a hundred times together; nor is there any turpitude in pronouncing the syllable ger, ger, ger, ger, ger, were it from our matins to our vespers: Therefore, my dear daughter, continued the abbess of Andouillets—I will say bou, and thou shalt say ger; and then alternately, as there is no more sin in fou then in bou—Thou shalt say fou—and I will come in (like fa, sol, la, re, mi, ut, at our complines) with ter. And accordingly the abbess, giving the pitch note, set off thus:


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 The two mules acknowledged the notes by a mutual lash of their tails; but it went no further.'Twill answer by an' by, said the novice.

Quicker still, cried Margarita.

Quicker still, cried Margarita.

Quicker still—God preserve me! said the abbess—They do not understand us, cried Margarita—But the Devil does, said the abbess of Andouillets.


text: The Life and Opinions of Tristram Shandy, Gentleman/Volume 7/Chapter 25


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 sermons or take naps, as you like. But you will observe, that, in riding on horseback, you always have a feeling, that, after all, it is not you that do the work, but the animal, and this prevents the satisfaction from being complete.

Now let us look at the conditions of rowing. I won't suppose you to be disgracing yourself in one of those miserable tubs, tugging in which is to rowing the true boat what riding a cow is to bestriding an Arab. You know the Esquimaux kayak, (if that is the name of it,) don't you? Look at that model of one over my door. Sharp, rather?—On the contrary, it is a lubber to the one you and I must have; a Dutch fish-wife to Psyche, contrasted with what I will tell you about.—Our boat, then, is something of the shape of a pickerel, as you look down upon his back, he lying in the sunshine just where the sharp edge of the water cuts in among the lily-pads. It is a kind of a giant pod, as one may say,—tight everywhere, except in a little place in the middle, where you sit. Its length is from seven to ten yards, and as it is only from sixteen to thirty inches wide in its widest part, you understand why you want those "outriggers," or projecting iron frames with the rowlocks in which the oars play. My rowlocks are five feet apart; double the greatest width of the boat.

Here you are, then, afloat with a body a rod and a half long, with arms, or wings, as you may choose


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he remembered her as he saw her first: the little spiritual face, the little brown shoes pointed downwards, their toes just touching the ground; the little fawn gloves folded upon her lap. He was not conscious of having noticed her with any particular attention: a plainly dressed, childish-looking figure alone on a seat between him and the setting sun. Even had he felt curious his shyness would have prevented his deliberately running the risk of meeting her eyes. Yet immediately he had passed her he saw her again, quite clearly: the pale oval face, the brown shoes, and, between them, the little fawn gloves folded one over the other. All down the Broad Walk and across Primrose Hill, he saw her silhouetted against the sinking sun. At least that much of her: the wistful face and the trim brown shoes and the little folded hands; until the sun went down behind the high chimneys of the brewery beyond Swiss Cottage, and then she faded.


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 She was there again the next evening, precisely in the same place. Usually he walked home by the Hampstead Road. Only occasionally, when the beauty of the evening tempted him, would he take the longer way by Regent Street and through the Park. But so often it made him feel sad, the quiet Park, forcing upon him the sense of his own loneliness.

He would walk down merely as far as the Great Vase, so he arranged with himself. If she were not there—it was not likely that she would be—he would turn back into Albany Street. The newsvendors' shops with their display of the cheaper illustrated papers, the second-hand furniture dealers with their faded engravings and old prints, would give him something to look at, to take away his thoughts from himself. But seeing her in the distance, almost the moment he had entered the gate, it came to him how disappointed he would have been had the seat in front of the red tulip bed been vacant. A little away from her he paused, turning to look at the flowers. He thought that, waiting his opportunity, he might be able to steal a glance at her undetected. Once for a