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lxx that the more recent mythic fancy of Japan has shown itself as little impenetrable to such influence as have the manners and customs of the people. The only difference is that assimilation has of late proceeded with much greater rapidity.

In this, language is another guide; for, though the discoverable traces of Chinese influence are comparatively few in the Archaic Dialect, yet they are there. This is a subject which has as yet scarcely been touched. Two Japanese authors of an elder generation, Kahibara and Arawi Hakuseki, did indeed point out the existence of some such traces. But they drew no inference from them, they did not set to work to discover new ones, and their indications, except in one or two obvious cases, have received little attention from later writers whether native or foreign. But when we compare such words as kane, kume, kuni, saka, tana, uma, and many others with the pronunciation now given, or with that which the phonetic laws of the language in its earlier stage would have caused to be given, to their Chinese equivalents, , , , , , etc., the idea forces way that such coincidences of sound and sense cannot all be purely accidental; and when moreover we find that the great majority of the words in question denote things or ideas that were almost certainly imported, we perceive that a more thorough sifting of Archaic Japanese (especially of botanical and zoological names and of the names of implements and manufactures) would probably be the best means of discovering at least the negative features of an antiquity remoter than all written documents, remoter even than the crystallization of the legends which those documents have preserved. In dealing with Korean words found in Archaic Japanese we tread on more delicate ground; for there we have a language which, unlike Chinese, stands to Japanese in the closest family relationship, making it plain that many coincidences of sound and sense should be ascribed to radical affinity rather than to later intercourse. At the same time it appears more probable that, for instance, such seemingly indigenous Japanese terms as Hotoke, “Buddha,” and tera, “Buddhist temple,” should have been in fact borrowed from the corresponding Korean words Puchhö and chöl than that both nations should have independently chosen homonyms to denote the same foreign ideas. Indeed, it will perhaps not be too bold to assume that in the case of Hotoke, “Buddha,”

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Rh we have before us a word whose journeyings consist of many stages, it having been first brought from India to China, then from China to Korea, and thirdly from Korea to Japan, where finally the ingenuity of philologists has discovered for it a Japanese etymology (hito ke, “human spirit”) with which in reality it has nothing whatever to do.

These introductory remarks have already extended to such a length that a reference to the strikingly parallel case of borrowed customs and ideas which is presented by the Ainos in this same archipelago must be left undeveloped. In conclusion, it need only be remarked that a simple translation of one book, such as is here given, does not nearly exhaust the work which might be expended even on the elucidation of that single book, and much less can it fill the gap which still lies between us and a proper knowledge of Japanese antiquity. To do this, the co-operation of the archæologist must be obtained, while even in the field of the critical investigation of documents there is an immense deal still to be done. Not only must all the available Japanese sources be made to yield up the information which they contain, but the assistance of Chinese and Korean records must be called in. A large quantity of Chinese literature has already been ransacked for a similar purpose by Matsushita Ken-rin, a translation of part of whose very useful compilation entitled “An Exposition of the Foreign Notices of Japan” would be one of the greatest helps towards the desired knowledge. In fact there still remains to be done for Japanese antiquity from our standpoint what Hirata has done for it from the standpoint of a Japanese Shintoist. Except in some of Mr. Satow’s papers published in these “Transactions,” the subject has scarcely yet been studied in this spirit, and it is possible that the Japanese members of our Society may be somewhat alarmed at the idea of their national history being treated with so little reverence. Perhaps, however, the discovery of the interest of the field of study thus only waiting to be investigated may reconcile them to the view here propounded. In any case if the early history of Japan is not all true, no amount of make-believe can make it so. What we would like to do is to sift the true from the false. As an eminent writer on anthropology has recently

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

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text: The Return of the Soldier (Van Druten)

title: The Return of the Soldier (Van Druten)


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lxxii said, “Historical criticism, that is, judgment, is practised not for the purpose of disbelieving, but of believing. Its object is not to find fault with the author, but to ascertain how much of what he says may be reasonably taken as true.” Moreover, even in what is not to be accepted as historic fact there is often much that is valuable from other points of view. If, therefore, we lose a thousand years of so-called Japanese history, it must not be forgotten that Japanese mythology remains as the oldest existing product of the Altaïc mind.

The following is a list of all the Japanese works quoted in this Introduction and in the Notes to the Translation. For the sake of convenience to the English reader all the titles have been translated excepting some few which, mostly on account of their embodying a recondite allusion, do not admit of translation:—

 * Catalogue of Family Names,, by Prince Mata.
 * Chronicles of Japan (generally quoted as the “Chronicles,”) or, by Prince Toneri and others.
 * Chronicles of Japan Continued,, by Sugano Ason Mamichi, Fujihara no Ason and others.
 * Chronicles of Japan Explained,, by no Yasukata.
 * Chronicles of the Old Matters of Former Ages,, authorship uncertain.
 * Collection of a Myriad Leaves,, by (probably).
 * Collection of Japanese Songs Ancient and Modern,, by Ki no and others.
 * Commentary on the Collection of a Myriad Leaves,, by Kamo no.

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 avidity; nor had Magua, though he watched the movement of the marksman with jealous eyes, any further cause for apprehension.

"Now let it be proved, in the face of this tribe of Delawares, who is the better man," cried the scout, tapping the butt of his piece with that ringer which had pulled so many fatal triggers. "You see the gourd hanging against yonder tree, major; if you are a marksman, fit for the borders, let me find that you can break its shell!"

Duncan noted the object, and prepared himself to renew the trial. The gourd was one of the usual little vessels used by the Indians, and was suspended from a dead branch of a small pine, by a thong of deerskin, at the full distance of a hundred yards. So strangely compounded is the feeling of self-love, that the young soldier, while he knew the utter worthlessness of the suffrages of his savage umpires, forgot the sudden motives of the contest, in a wish to excel. It has been seen, already, that his skill was far from being contemptible, and he now resolved to put forth its nicest qualities. Had his life depended on the issue, the aim


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 of Duncan could not have been more deliberate and guarded. He fired; and three or four young Indians, who sprang forward at the report, announced with a shout, that the ball was in the tree, a very little on one side of the proper object. The warriors uttered a common ejaculation of pleasure, and then turned their eyes, inquiringly, on the movements of his rival.

"It may do for the Royal Americans!" said Hawk-eye, laughing once more in his own silent, heartfelt, manner; "but had my gun often turned so much from the true line, many a martin, whose skin is in a lady's muff, would now be in the woods; ay, and many a bloody Mingo, who has departed to his final account, would be acting his develtries at this very day, atween the provinces. I hope the squaw who owns the gourd, has more of them in her wigwam, for this will never hold water again!"

The scout had shook his priming, and cocked his piece, while speaking; and, as he ended, he threw back a foot, and slowly raised the muzzle from the earth. The


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 motion was steady, uniform, and in one direction. When on a perfect level, it remained for a single moment with out tremor or variation, as though both man and rifle were carved in stone. During that stationary instant, it poured forth its contents, in a bright, glancing, sheet of flame. Again the young Indians bounded forward, but their hurried search and disappointed looks announced, that no traces of the bullet were to be seen.

"Go," said the old chief to the scout, in a tone of strong disgust; "thou art a wolf in the skin of a dog. I will talk to the 'long rifle' of the Yengeese."

"Ah! had I that piece which furnished the name you use, I would obligate myself to cut the thong, and drop the gourd, instead of breaking it!" returned Hawk-eye perfectly undisturbed by the other's manner. "Fools, if you would find the bullet of a sharp-shooter of these woods, you must look in the object, and not around it?"

The Indian youths instantly comprehended his meaning—for this time he spoke


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 in the Delaware tongue—and tearing the gourd from the tree, they held it on high, with an exulting shout, displaying a hole in its bottom, which had been cut by the bullet, after passing through the usual orifice in the centre of its upper side. At this unexpected exhibition, a loud and vehement expression of pleasure burst from the mouth of every warrior present. It decided the question, and effectually established Hawk-eye in the possession of his dangerous reputation. Those curious and admiring eyes which had been turned again on Heyward, were finally directed to the weather-beaten form of the scout, who immediately became the principal object of attention to the simple and unsophisticated beings, by whom he was surrounded. When the sudden and noisy commotion had a little subsided, the aged chief resumed his examination.

"Why did you wish to stop my ears?" he said, addressing Duncan; "are the Delawares fools, that they could not know the young panther from the cat?"


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 "They will yet find the Huron a singing-bird," said Duncan, endeavouring to adopt the figurative language of the natives.

"It is good. We will know who can shut the ears of men. Brother," added the chief, turning his eyes on Magua, "the Delawares listen."

Thus singled, and directly called on, to declare his object, the Huron arose, and advancing with great deliberation and dignity, into the very centre of the circle, where he stood confronted to the prisoners, he placed himself in an attitude to speak. Before opening his mouth, however, he bent his eyes slowly along the whole living boundary of earnest faces, as if to temper his expressions to the capacities of his audience. On Hawk-eye he cast a glance of respectful enmity; on Duncan, a look of inextinguishable hatred; the shrinking figure of Alice, he scarcely deigned to notice; but when his glance met the firm, commanding, and yet lovely form of Cora, his eye lingered a moment, with an expression that it might have been difficult to define. Then, filled with his own dark intentions,


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 he spoke in the language of the Canadas, a tongue that he well knew was comprehended by most of his auditors.

"The Spirit that made men, coloured them differently," commenced the subtle Huron. "Some are blacker than the sluggish bear. These he said should be slaves; and he ordered them to work for ever, like the beaver. You may hear them groan, when the south wind blows, louder than the lowing buffaloes, along the shores of the great salt water, where the big canoes come and go with them in droves. Some he made with faces paler than the ermine of the forests: and these he ordered to be traders; dogs to their women, and wolves to their slaves. He gave this people the nature of the pigeon; wings that never tire; young, more plentiful than the leaves on the trees, and appetites to devour the earth. He gave them tongues like the false call of the wild-cat; hearts like rabbits; the cunning of the hog, (but none of the fox,) and arms longer than the legs of the moose. With his tongue, he stops the ears of the Indians; his heart teaches him


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 to pay warriors to fight his battles; his cunning tells him how to get together the goods of the earth; and his arms enclose the land from the shores of the salt water, to the islands of the great lake. His gluttony makes him sick. God gave him enough, and yet he wants all. Such are the pale-faces.

"Some the Great Spirit made with skins brighter and redder than yonder sun," continued Magua, pointing impressively upward to the lurid luminary, which was struggling through the misty atmosphere of the horizon; "and these did he fashion to his own mind. He gave them this island as he had made it, covered with trees, and filled with game. The wind made their clearings; the sun and rain ripened their fruits; and the snows came to tell them to be thankful. What need had they of roads to journey by! They saw through the hills! When the beavers worked, they lay in the shade, and looked on. The winds cooled them in summer; in winter skins kept them warm. If they fought among themselves, it was to prove that


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 they were men. They were brave; they were just; they were happy."

Here the speaker paused, and again looked around him, to discover if his legend had touched the sympathies of his listeners. He met every where with eyes riveted on his own, heads erect, and nostrils expanded, as though each individual present felt himself able and willing, singly, to redress the wrongs of his race.

"If the Great Spirit gave different tongues to his red children," he continued, in a low still melancholy voice, "it was, that all animals might understand them. Some he placed among the snows, with their cousin the bear. Some he placed near the setting sun, on the road to the happy hunting grounds. Some on the lands around the great fresh waters; but to his greatest and most beloved, he gave the sands of the salt lake. Do my brothers know the name of this favoured people?"

"It was the Lenape!" exclaimed twenty eager voices in a breath.

"It was the Lenni Lenape," returned Magua, affecting to bend his head in re-


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 verence to their former greatness. "It was the tribes of the Lenape! The sun rose from the water that was salt, and set in water that was sweet, and never hid himself from their eyes. But why should I, a Huron of the woods, tell a wise people their own traditions? Why remind them of their injuries; their ancient greatness; their deeds; their glory; their happiness—their losses; their defeats; their misery? Is there not one among them who has seen it all, and who knows it to be true? I have done. My tongue is still, but my ears are open."

As the voice of the speaker suddenly ceased, every face and all eyes turned, by a common movement, towards the venerable Tamenund. From the moment that he took his seat, until the present instant, the lips of the patriarch had not severed, nor had scarcely a sign of life escaped him. He had sate, bent in feebleness, and apparently unconscious of the presence he was in, during the whole of that opening scene, in which the skill of the scout had been so clearly established. At the nicely


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 graduated sounds of Magua's voice, however, he had betrayed some evidence of consciousness, and once or twice he had even raised his head as if to listen. But when the crafty Huron spoke of his nation by name, the eye-lids of the old man raised themselves, and he looked out on the multitude, with that sort of dull, unmeaning expression, which might be supposed to belong to the countenance of a spectre. Then he made an effort to rise, and being upheld by his supporters, he gained his feet, in a posture commanding by its dignity, while he tottered with weakness.

"Who calls upon the children of the Lenape!" he said, in a deep, guttural voice, that was rendered awfully audible by the breathless silence of the multitude; "who speaks of things gone! Does not the egg become a worm—the worm a fly—and perish! Why tell the Delawares of good that is past? Better thank the Manitto for that which remains."

"It is a Wyandot," said Magua, stepping nigher to the rude platform on which the other stood; "a friend of Tamenund."


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title: Category:1824 court decisions


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 "A friend!" repeated the sage, on whose brow a dark frown settled, imparting a portion of that severity, which had rendered his eye so terrible in middle age—"Are the Mingoes rulers of the earth! What brings a Huron here?"

"Justice. His prisoners are with his brothers, and he comes for his own."

Tamenund turned his head towards one of his supporters, and listened to the short explanation the man gave. Then facing the applicant, he regarded him a moment with deep attention; after which, he said, in a low and reluctant voice—

"Justice is the law of the Great Manitto. My children, give the stranger food. Then, Huron, take thine own and depart."

On the delivery of this solemn judgment, the patriarch seated himself, and closed his eyes again, as if better pleased with the images of his own ripened experience, than with the visible objects of the world. Against such a decree, there was no Delaware sufficiently hardy to murmur, much less oppose himself. The words were barely uttered, when four or five of the younger warriors


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 stepping behind Heyward and the scout, passed thongs so dexterously and rapidly around their arms, as to hold them both in instant bondage. The former was too much engrossed with his precious and nearly insensible burthen, to be aware of their intentions before they were executed; and the latter, who considered even the hostile tribes of the Delawares a superior race of beings submitted without resistance. Perhaps, however, the manner of the scout would not have been so passive, had he fully comprehended the language in which the preceding dialogue had been conducted.

Magua cast a look of triumph around the whole assembly, before he proceeded to the execution of his purpose. Perceiving that the men were unable to offer any resistance, he turned his looks on her he valued most. Cora met his gaze with an eye so calm and firm, that his resolution wavered. Then recollecting his former artifice, he raised Alice from the arms of the warrior, against whom she leaned, and beckoning Heyward to follow, he motioned for the en-


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 circling crowd to open. But Cora, instead of obeying the impulse he had expected, rushed to the feet of the patriarch, and raising her voice exclaimed aloud—

"Just and venerable Delaware, on thy wisdom and power we lean for mercy! Be deaf to yonder artful and remorseless monster, who poisons thy ears with falsehoods, to feed his thirst for blood. Thou, that hast lived long, and that hast seen the evil of the world, should know how to temper its calamities to the miserable."

The eyes of the old man opened heavily, and he once more looked upward at the multitude. As the full piercing tones of the supplicant swelled on his ears, they moved slowly in the direction of her person, and finally settled there, in a steady, riveted gaze. Cora had cast herself to her knees, and with hands clenched in each other and pressed upon her bosom, she remained like a beauteous and breathing model of her sex, looking up in his faded but majestic countenance with a species of holy reverence. Gradually, the expression of Tamenund's features changed, and losing


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 their vacancy in admiration, they lighted with a portion of that intelligence, which, a century before, had been wont to communicate his youthful fire to the extensive bands of the Delawares. Rising, without assistance, and, seemingly, without an effort, he demanded, in a voice that startled its auditors by its firmness—

"What art thou!"

"A woman. One of a hated race, if thou wilt—a Yengee. But one who has never harmed thee, and who cannot harm thy people if she would; who asks for succour."

"Tell me, my children," continued the patriarch, hoarsely, motioning to those around him, though his eyes still dwelt upon the kneeling form of Cora, "where have the Delawares camped?"

"In the mountains of the Iroquois; beyond the clear springs of the Horican."

"Many parching summers are come and gone," continued the sage, "since I drank of the waters of my own river. The children of Miquon are the justest white men; but they were thirsty, and they took it to themselves. Do they follow us so far?"


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 "We follow none; we covet nothing," answered the ardent Cora. "Captives, against our wills, have we been brought amongst you; and we ask but permission to depart to our own, in peace. Art thou not Tamenund—the father—the judge—I had almost said, the prophet—of this people?"

"I am Tamenund, of many days."

" 'Tis now some seven years that one of thy people was at the mercy of a white chief, on the borders of this province. He claimed to be of the blood of the good and just Tamenund. 'Go,' said the white man, 'for thy parent's sake, thou art free.' Dost thou remember the name of that English warrior?"

"I remember, that when a laughing boy," returned the patriarch, with the peculiar recollection of vast age, "I stood upon the sands of the sea-shore, and saw a big canoe, with wings whiter than the swan's and wider than many eagles, come from the rising sun—"

"Nay, nay; I speak not of a time so very distant; but of favour shown to thy kindred


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 by one of mine, within the memory of thy youngest warrior."

"Was it when the Yengeese and the Dutchemanne fought for the hunting grounds of the Delawares? Then Tamenund was a chief, and first laid aside the bow for the lightning of the pale-faces—"

"Nor yet then," interrupted Cora again, "by many ages; I speak of a thing of yesterday. Surely, surely, you forget it not!"

"It was but yesterday," rejoined the aged man, with a touching pathos in his hollow voice, "that the children of the Lenape were masters of the world! The fishes of the salt-lake, the birds, the beasts and the Mengwe of the woods, owned them for Sagamores."

Cora bowed her head in the anguish of disappointment, and, for a bitter moment, struggled with her chagrin. Then elevating her rich features and beaming eyes, she continued, in tones scarcely less penetrating than the unearthly voice of the patriarch himself.

"Tell me, is Tamenund a father?"

The old man looked down upon her,


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 from his elevated stand, with a benignant smile on his wasted countenance, and then casting his eyes slowly over the whole assemblage, he answered—

"Of a nation."

"For myself I ask nothing. Like thee and thine, venerable chief," she continued, pressing her hands convulsively on her heart, and suffering her head to droop, until her burning cheeks were nearly concealed in the maze of dark, glossy tresses, that fell in disorder upon her shoulders, "the curse of my ancestors has fallen heavily on their child! But yonder is one, who has never known the weight of Heaven's displeasure until now. She is the daughter of an old and failing man, whose days are near their close. She has many, very many, to love her, and delight in her; and she is too good, much too precious, to become the victim of that villain."

"I know that the pale faces are a proud and hungry race. I know that they claim, not only to have the earth, but that the meanest of their colour is better than the Sachems of the red man. The dogs and


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 crows of their tribes," continued the earnest old chieftain, without heeding the wounded spirit of his listener, whose head was nearly crushed to the earth, in shame, as he proceeded, "would bark and caw, before they would take a woman to their wigwams, whose blood was not of the colour of snow. But let them not boast before the face of the Manitto too loud. They entered the land at the rising, and may yet go off at the setting sun! I have often seen the locusts strip the leaves from the trees, but the season of blossoms has always come again!"

"It is so," said Cora, drawing a long breath, as if reviving from a trance, raising her face, and shaking back her shining veil, with a kindling eye, that contradicted the death-like paleness of her countenance; "but why—it is not permitted us to enquire. There is yet one of thine own people, who has not been brought before thee; before thou lettest the Huron depart in triumph, hear him speak."

Observing Tamenund to look about him doubtingly, one of his companions said—

"It is a snake— a red-skin in the pay of


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 the Yengeese. We keep him for the torture."

"Let him come," returned the sage.

Then Tamenund once more sunk into his seat, and a silence so deep prevailed, while the young men prepared to obey his simple mandate, that the leaves which fluttered in the draught of the light morning air, were distinctly heard rustling in the surrounding forest.


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User talk:Piney5000

--EncycloPetey (talk) 02:20, 29 January 2024 (UTC)

Roman Numerals in chapter titles
Hi, per our policy and house style we don't use Roman Numerals in chapter titles on subpages. We convert them all to Arabic. So, instead of "/Chapter XXXIX", we use "/Chapter 39". This makes for consistent linking practices. Please see WS:Style & Help:Subpages for more detail. Beeswaxcandle (talk) 01:40, 9 February 2024 (UTC)

 * Cool, I'll move them over. Quick question: should the header links, etc. also be converted to Arabic numerals or should they remain as per the source? Piney5000 (talk) 01:44, 9 February 2024 (UTC)
 * The links should point to the Arabic numeral version, however, you can pipe the link to display the Roman numeral, like we did on the Constitution of the United Arab Emirates. --EncycloPetey (talk) 01:53, 9 February 2024 (UTC)
 * You should, of course, keep the Roman numerals in the body of the text as that's what was printed; but the previous and next links need to point to the Arabic. As EP says, you can pipe the links if you choose. Sometimes I do, sometimes I don't. It depends on who I'm doing the work for. If it's for children, I keep to the Arabic all the way. But, if it's an academic text, I would pipe. Beeswaxcandle (talk) 01:56, 9 February 2024 (UTC)
 * I think I'll pipe for this, and I'll keep your advice in mind for future works. Piney5000 (talk) 02:35, 9 February 2024 (UTC)

Tom Jones
It looks as though you have created about a dozen template to format the Contents pages of this book. Doing so hides the formatting in a set of templates that then has to be maintained and updated whenever the Wiki code or HTML standards change. I see that, in these templates, you've used some formatting that is already outdated. It would be much better to use CSS to format the Contents than those templates. --EncycloPetey (talk) 19:23, 3 March 2024 (UTC)

 * Are the templates the problem, or what's in the templates? I ask because they are saving me a good deal repetition when it comes to the content of the table of contents, and not just the style, for example in how links to the eventually transcluded output are generated. It seems evident that updating a dozen templates will be easier than updating fifty or so pages in the event that standards change.
 * I'm definitely using a mix of inline CSS and presentational templates (which I'm assuming are the outdated formatting you're referring to) in the templates I've created, and I'm happy to convert these to CSS classes when I figure out exactly how to name my classes so that the Wiki parses everything happily. Piney5000 (talk) 19:38, 3 March 2024 (UTC)

title: User talk:Piney5000


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 Haynes, Lebbeus, B.A. from. 27 June, 1635, M.A. 30 June, 1638, rector of Worcester St. Andrew 1644. See Foster's Index Eccl.  Haynes, Richard, s. Th., of Bristol, pleb. , matric. 14 Jan., 1673-4, aged 15; student of Inner Temple 1677. See Foster's Inns of Court Reg.  Haynes, Robert, s. John, of Messing, Essex, arm. , matria 10 Oct, 1634, aged 17; bar.-at-law, Lincoln's Inn. 1637. See Foster's Judges and Barristers.  Haynes, Samuel, s. John, of Ditcheat, Somerset, pp. ., matric. 2 April, 1677, aged 15, B.A. 1680; M.A. from ., Cambridge, 1685, vicar of New Windsor, Berks, 1685-9. See Foster's Index Eccl.  Haynes, Samuel, s. Jos., of Turweston, Bucks, gent. ., matric. 29 April, 1692, aged 16; brother of George 1707, and of William 1694.  [5]

Haynes, William (Heynys, or Heyne), B.A. 27 June, 1522; fellow of. 1524, from Somerset, M.A. 14 Feb., 1527-8, B.D. 15 Feb., 1537-8, provost 1540-50, canon of Christ Church 1547; fellow of Eton Coll. 27 Jan., 1533; died 8 July, 1550. See Fasti, i. 105.  Haynes, William, s. Jos., of Turweston, Bucks arm. ., matric. 12 May, 1694, aged 16; brother of George 1707, and of Samuel 1692.  Haysome, George, s. Robert, of Anderson, Dorset, clericus. , matric. 3 Nov., 1676, aged 19; B.A. 1680, M.A. 1683, rector of Kilmington, Somerset, 2686. See Foster's Index Eccl.

Haysome, Robert (Haisome), s. John, of Wolland, Dorset, pleb. ., matric 30 April, 1624, aged 19; B.C.L. from. 21 April, 1631.

Haysome, Robert, s. Robert, of Wolland, Dorset, pleb. , matric. 10 Sept, 1634, aged 20; B.A. 26 April, 1637, M.A. 25 Jan., 1639-40; sequestered or intruded rector of Semley, Wilts, 1646, confirmed 1661, sequestered from rectory of Minestead, Hants, 1647, restored 1663-79, rector of Fonthill Gifford, Wilts, 1656. See Foster's Index Eccl.; & ''Add. MS.'' 15,671, p. 13.
 [10]

Haysome, Robert, s. Rob., of Anderson, Dorset, pleb. , matric. 6 April, 1666, aged 20; B.A. 1669, M.A. 1672, rector of Little Langford, Wilts, 1674. See Foster's Index Eccl.

Hayte, John (Haite). of Kent, pleb. , matric. 5 June, 1584, aged 15 (sup. for B.C.L. 21 March, 1589-90, from, but refused, sup. again 2 Dec. 1592, then of , and was again refused); B.C.L. from. 8 June, 1596.

Hayte, Timothy, of Devon, cler. fil. ., matric. 24 Oct, 1595, aged 17; perhaps rector of Cricket St. Thomas, Somerset, 1614, then B.A. See Foster's Index Eccl.

Hayter, Augustine, "ser." ., matric. 10 March, 1656-7; B.A. from. 16 March, 1659-60, M.A. 1664, rector of Sutton Mandeville, Wilts, 1662. See Foster's Index Eccl.

Hayter, George, cler. fil. ., matric. 9 Dec., 1653, B.A. 28 May, 1657; M.A. from. 1661, rector of Chagford, Devon, 1662, and of St. Ewe, Cornwall, 1672; father of the next. See Foster's Index Eccl.
 [15]

Hayter, George, s. G(eorge), of Chagford, Devon, cler. , matric. 18 March, 1691-2, aged 18; B.A. 1698, rector of Chagford 1702. See Foster's Index Eccl.

Hayter, Laurence, s. William, of Teffont, Wilts, pleb. ., matric. 23 Oct., 1635, aged 18.

Hayter, Richard, s. William, of Salisbury, Wilts, pleb. , matric. 4 Nov., 1631, aged 19; B.A. 26 April, 1632, M.A. 29 Jan., 1634-5; died 30 June, 1684; buried in the parish church of St. Thomas in Salisbury. See Ath. iv. 238; & D.N.B.

Hayter, Thomas (Heiter); B.A. 18 April, 1564; perhaps rector of Little Langford, Wilts, 1573, and vicar of Winterbourne Stoke, Wilts, 1580. See Foster's Index Eccl.

Hayter, Thomas, of Wilts, pleb. ., matric. 2 July, 1585, aged 14; called "Haighter" in Mat. Reg.
 [20]

Hayter, William, of Wilts, pleb. ., matric. 22 Feb., 1621-2, aged 22; B.A. 11 March, 1621-2; M.A. 10 June, 1624; perhaps rector of Throwleigh, Devon, 1644. See Foster's Index Eccl.

Hayter, William, s. Thomas, of Teffont, Wilts, pleb. ., matric. 1 Dec., 1626, aged 18; B.A. 12 Feb., 1628-9; perhaps rector of Tarrant Rawston, Dorset, 1662. See Foster's Index Eccl.

Hayton, Robert; B.A. (sup. 12 Oct.) 1506.

Haytonn, Timothy, s. Henry, of Helaugh, Yorks, pleb. , matric. 22 June, 1638, aged 16; B.A. 17 Dec., 1642.

Hayward, see also and.
 [25]

Hayward, Edward; B.A. from ., Cambridge, 1630-1; incorporated as M.A. 24 March, 1625-6, vicar of Leake, co. Lincoln, 1631. See Foster's Index Eccl.

Hayward, Edward, s. Ric, of Coventry city, gent. ., matric. 26 Feb., 1695-6, aged 17; vicar of Fillongley, co. Warwick, 1713. See Foster's Index Eccl.

Hayward, Edward, s. Ric, of Slater, co. Gloucester, gent. ., matric. 23 March, 1701-2, aged 16.

Hayward, Francis; clerk, of ., 1546; of 1547, B.A. (sup.) 1548-9. See Bloxam, ii. 38.

Hayward, George, chorister ., 1546, demy 1548, fellow 1554-6, B.A. 4 July, 1554. See Bloxam, i. 12.
 [30]
Hayward, George, s. Thom., of Sarum, Wilts, gent. ., matric. 4 March, 1694-5, aged 17; B.A. 1698, vicar of Leckford, Hants, 1708. See Foster's Index Eccl.

Hayward, Giles, s. Francis, of London, pleb. ., matric. 8 May, 1635, aged 18; B.A. 20 Feb., 1635-6.

Hayward, Hopewell, s. Thomas, of Forthampton, co. Gloucester, pleb. , matric. 22 Nov., 1639, aged 17; subs. Heyward.

Hayward, James (Heayward);, matric. 1 April, 1656; B.A. from 9 Feb., 1659-60, as Hayward.

Hayward, John, secular chaplain; B.Can.L. 1 Aug., 1524, "sup. 10 Dec., 1539, for B.D. as regular canon"; perhaps junior cardinal or 3rd minor canon St. Paul's 1546, rector of Ringsfield, Suffolk, 1546. See Fasti, i. 82; and Foster's Index Eccl.
 [35]
Hayward, John, of co. Hereford, gent. , matric. 7 March, 1559-1600, aged 18.

Hayward, (Sir) John; B.A. from ., Cambridge 1580-1, M.A. 1584, LL.D. sup. for incorporation as D.C.L. 1616; advocate of doctors' commons 5 Aug., 1616, historiographer of Chelsea college, knighted at Whitehall 9 Nov., 1619, M.P. Bridgnorth 1621-2, Saltash 1626, died 27 June, 1627, buried in parish of Great St. Bartholomew, London, See Coote's Civilians, 73; Fasti, i. 368; & D.N.B.
 [ 682 ]


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


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


text:
Page:Kojiki by Chamberlain.djvu/83

Rh *Commentary on the Lyric Dramas,, by Jin-kō.
 * Commentary on the Ritual of the General Purification,, by Norinaga.
 * Correct Account of the Divine Age,, by Norinaga.
 * Dictionary of the Pillow-Words,, by Kamo no.
 * Digest of the Imperial Genealogies,, by Yokoyama Yoshikiyo and Kurokaha Saneyori.
 * Discussion of the Objections to the Inquiry into the True Chronology,, by Norinaga.
 * Examination of Difficult Words,, by Tachibana no.
 * Examination of the Synonyms for Japan,, by Norinaga.
 * Explanation of Japanese Names,, by Tokushin.
 * Explanation of the Songs in the Chronicles of Japan,, by Arakida no.
 * Exposition of the Ancient Histories,, by Atsutane.
 * Exposition of the Foreign Notices of Japan,, by Matsushita Ken-rin.
 * Exposition of the Record of Ancient Matters (usually quoted simply at “Motowori’s Commentary”),, by Norinaga.
 * Exposition of the Records of Ancient Matters Criticized (usually quoted as “Moribe’s Critique on Motowori’s Commentary,”), by Tachibana no.
 * Gleanings form Ancient Story,, by Imibe no.
 * Idzu no Chi-Waki,, by Tachibana no.
 * Idzu no Koto-waki,, by
 * Inquiry into the Significance of the Names of All the Provinces (MS.),, by Fujihara no Hitomaro.
 * Inquiry into the True Chronology,, by Norinaga.
 * Japanese Words Classified and Explained,, by.
 * Ko-Shi Tsū,, by Kumbi.
 * Kō-Gan Shō, (MS.),, by.

title: Page:Kojiki by Chamberlain.djvu/83


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


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


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


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


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


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


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


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


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


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


text:
Page:Kojiki by Chamberlain.djvu/417

Rh  "It is on account of the great carpenter's "awkwardness that it is bent down at the "corner."

Then the Grandee Shibi sang again, saying:

"The great lord, on account of the mag- "nanimity of his heart, does not enter and "stand in the eight-fold hedge of branches "of the child of a grandee.

Hereupon the Prince sang again, saying:

"Looking on the breakers of the briny cur- "rent, I see my spouse standing by the "fin of the tunny that comes sporting."

Then the Grandee Shibi, getting more and more angry, sang, saying:

"[Though] the eight-fold hedge of branches "of the Prince the Great Lord be made fast "at eight places, be made fast all round, 'tis "a hedge that shall be cut, 'tis a hedge "that shall be burnt."

Then the Prince again sang, saying:

"Oh fisherman that spearest the tunny, "the great fish! He being [there], thou "must be sad at heart, tunny-spearing "fisherman!"

title: Page:Kojiki by Chamberlain.djvu/417


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


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


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


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


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


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


text:
Page:Kojiki by Chamberlain.djvu/418

882 Having thus sung, the feast was concluded at dawn, and they all retired. Next morning the two Deities, His Augustness Ohoke and His Augustness Woke, took counsel, saying: "All the people of the Court go to Court in the morning, and assemble at Shibi's gate at noon. "So Shibi must surely now be sleeping, and moreover there will be with that of the "Chronicles of Japan," we find that in the first Song of the series the young Prince half jokingly remarks on the fact of the Grandee Shibi appearing in public with the damsel who was to have been his (the Prince's) bride. Shibi's name, which, as already stated, signifies "tunny," furnishes the occasion for the marine metaphors borrowed from the currents and the breakers. Shibi's answer (Song II,—in the "Records" wrongly ascribed to the prince), takes up the same strain, but in a more taunting tone: the prince is likened to a fisherman who would fain make a futile attempt to spear the great tunny, and his (the tunny's, i.e., the Grandee Shibi's) presence must indeed be pain and grief to him. In a third Song, which is given in the "Chronicles," but not in the "Records," the prince retorts that he relies on his good sword to win the girl for him in the end, and in Song IV the Grandee jeers at the dilapidated condition of his palace, and by implication at the sorry state of his fortunes,—a taunt to which the prince replies in Song V by saying that if the palace is dilapidated, and the Empire in disorder, the fault belongs to none other than to the Grandee himself. Songs VI and VII, which are not found in the "Records," only serve to continue the growing war of words, which in Song VIII (in the "Records" wrongly attributed to the Grandee) comes to a climax by the prince exclaiming that if he does not force his way into the Grandee's mansion to seize his lady-love, it is only on account of the magnanimity of his disposition. To this the Grandee replies in Song IX (in the "Records" erroneously attributed to the prince) by a sort of tu quoque, vowing that he will cut and burn his way into the prince's palace. This is not the end of the dispute in the pages of the "Chronicles," but it is all that need detain the reader of the "Records." It should, however, be mentioned that in the "Chronicles" the name of the girl is Kage-hime: Ofuwo, "Big Fish," which is here given, would seem to be nothing more than a nickname, which perhaps arose from the incidents of this metrical war of words.

title: Page:Kojiki by Chamberlain.djvu/418


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


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


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


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


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


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


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


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


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


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


text:
Talk:The Art of Kissing/Chapter 1

Source of quotation on page 7
I have tried to locate the source of the quote without success via usual search engines. All of the results essentially lead back to its being used in versions of this work. I also resorted to AI (Microsoft), which claimed it is from a work called "What is a Kiss?" by the 19th century US poet John Godfrey Saxe. The sources it links to do nothing to substantiate its conclusion. I have searched several editions of his collected works (all posthumous) on IA and none feature such a work, or these words under a different title. Go AI! Chrisguise (talk) 02:56, 29 January 2024 (UTC)

title: Talk:The Art of Kissing/Chapter 1


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


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


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


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


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


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


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


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


text:
Wikisource:Administrators' noticeboard/Archives/2024

Special:Contributions/Im_the_simplest_person
VOA and XWA, I already reverted many of their edits. MathXplore (talk) 07:55, 25 January 2024 (UTC)

 * Globally locked.--Prosfilaes (talk) 19:04, 25 January 2024 (UTC)

 * This section was archived on a request by: Prosfilaes (talk) 19:06, 25 January 2024 (UTC)

Edit request for The Tale of Peter Rabbit (1916)
Header has an parameter now, so I would like to replace   with. —CalendulaAsteraceae (talk • contribs) 17:45, 22 February 2024 (UTC)
 * ✅ --Jan Kameníček (talk) 17:56, 22 February 2024 (UTC)
 * Thank you! —CalendulaAsteraceae (talk • contribs) 18:08, 22 February 2024 (UTC)
 * This section was archived on a request by: —CalendulaAsteraceae (talk • contribs) 18:08, 22 February 2024 (UTC)

Protected edit request for Template:Progress bar

 * This section was archived on a request by: —CalendulaAsteraceae (talk • contribs) 02:35, 16 March 2024 (UTC)

I've created Module:Progress bar, which implements progress bar in Lua (and adds support for changing the width of the bar). I've tested this at Template:Sandbox and as far as I can tell everything works. Assuming there's nothing I've missed, I'd like for Template:Progress bar to be edited to this:

Thank you! —CalendulaAsteraceae (talk • contribs) 08:06, 30 May 2022 (UTC)

 * @CalendulaAsteraceae FYI, I don't think you need to verbosely pass through all the parameters: you're using Module:Arguments which happily pulls the arguments out of the . All you should need is   (I think) Inductiveload— talk/contribs 19:52, 31 May 2022 (UTC)
 * @Inductiveload Awesome, thank you! —CalendulaAsteraceae (talk • contribs) 21:31, 31 May 2022 (UTC)
 * Updated edit request:

 * —CalendulaAsteraceae (talk • contribs) 09:18, 4 June 2022 (UTC)
 * @Inductiveload, does the above code look good to you? —CalendulaAsteraceae (talk • contribs) 06:56, 22 July 2022 (UTC)
 * Still interested in this. —CalendulaAsteraceae (talk • contribs) 05:05, 7 August 2022 (UTC)
 * @CalendulaAsteraceae: You might want to consider something like: . Although you can have Lua code call extension tags directly, I have found it is often better to pass them as an argument to the   when possible (it also helps limit the Scribunto expansion depth). —Uzume (talk) 21:39, 3 November 2023 (UTC)
 * @Uzume: Interesting. Can you expand a bit on why you find that better? Expansion depth and other optimisation concerns seem fairly irrelevant for this use case, and at first blush that seems like a more complicated and fragile approach. But it definitely wouldn't be the first time I've missed the germane point. :)@CalendulaAsteraceae: I've completely missed this request, sorry. For stuff like this please do feel free to ping me directly (including on my talk page), and to nag me periodically if I do not respond. I am personally very motivated to enable technical contributors to work efficiently even if they lack +sysop (more technical hands make my work load lighter) so far from minding such requests and nagging I actually appreciate it. Especially if I am being lame about responding. Xover (talk) 09:11, 4 November 2023 (UTC)
 * @Xover: Well, I agree that expansion depth might not be much of an issue for this problem set (at least today: things have a way of ending up doing things they were not originally intended/designed for), but I believe passing extension tags as strip markers in an argument to  gives better flexibility. I suppose one could use   as a basename for stylesheet and then use   (or similar) to accomplish a similar end. —Uzume (talk) 10:25, 4 November 2023 (UTC)
 * But why not just invoke templatestyles in the template layer? Or if you need it in Lua for some reason (which I don't quite see here, but does happen when you need logic to decide which stylesheet to apply), why not just pass a page name, relative or absolute? Xover (talk) 10:30, 4 November 2023 (UTC)
 * @Xover: Those are certainly valid options but those tend be more fragile (since they are separate from the module invocation) and do not provide the flexibility or control of my suggestion (which does invoke templatestyles in the template layer and then passes it to the Scribunto module). It was only a suggestion for consideration—one often overlooked. My suggestion also allows the module to decide when and where (and even if) to place the templatestyles argument while freeing it from having to consider the templatestyles page location (which if otherwise handled in the module would need to either be passed, hardcoded or calculated, e.g., from  or something). —Uzume (talk) 16:51, 4 November 2023 (UTC)
 * @Uzume: I am not convinced of this approach, but that may simply be because I am not seeing the use case or the limitations of the alternatives. I'll keep it in mind while I am tooling around so hopefully the lightbulb will suddenly come on at some point. :) Thanks for the info / suggestion / discussion in any case. `preciated. Xover (talk) 07:27, 8 November 2023 (UTC)
 * @Xover: I don't have a strong opinion on whether to put the templatestyles in the module as opposed to the template layer, but could you make the basic edit to use the module?
 * —CalendulaAsteraceae (talk • contribs) 04:10, 8 November 2023 (UTC)
 * @CalendulaAsteraceae: Could you take a look at the test cases in Template:Progress bar/testcases first? There are some differences in output that I am not sure are deliberate, and some of the failure modes with bad input appear distinctly worse. You may also want to think about whether the current tests exercise all parts of Module:Progress bar and whether additional tests could be constructed to improve coverage.On the behaviour with garbage input: right now the module passes the garbage on to its underlying modules and libraries, and when they predictably blow up the module just falls flat. It would be better to detect as many of these bad inputs as reasonably possible and terminate in a controlled fashion with a useful message to the user invoking it. Xover (talk) 07:22, 8 November 2023 (UTC)
 * @Xover: Thank you for this feedback! I've added some error messages. The different order of the bars is intentional; I made it match the order of the page status menu. The parameter is also an intentional addition. —CalendulaAsteraceae (talk • contribs) 06:04, 9 November 2023 (UTC)
 * @CalendulaAsteraceae: ✅ Xover (talk) 06:58, 9 November 2023 (UTC)
 * Thank you! —CalendulaAsteraceae (talk • contribs) 07:02, 9 November 2023 (UTC)

Edit request for Template:Biblecontents
I've edited biblecontents to use flatlist. My code is in biblecontents/sandbox and the test cases look good, so I'd appreciate these changes being propagated to the main template. —CalendulaAsteraceae (talk • contribs) 07:50, 20 January 2024 (UTC)

 * This section was archived on a request by: —CalendulaAsteraceae (talk • contribs) 02:46, 16 March 2024 (UTC)
 * This section was archived on a request by: —CalendulaAsteraceae (talk • contribs) 02:46, 16 March 2024 (UTC)


text: The English and Scottish Popular Ballads/Part 2


text: The English and Scottish Popular Ballads/Part 3


text: The English and Scottish Popular Ballads/Part 4


text: The English and Scottish Popular Ballads/Part 5


text: The English and Scottish Popular Ballads/Part 6


text:
Page:Michael Anthony Jewelers v. Peacock Jewelry.pdf/4

 to this lawsuit is the companies’ involvement in the manufacture and sale of “diamond-cut” gold charms.

MAJ commenced this action on April 13, 1990, initially alleging claims of trademark infringement and unfair competition against Peacock. On Peacock’s consent, a preliminary injunction was entered restraining Peacock from imitating, copying, counterfeiting, manufacturing or otherwise making unauthorized use of MAJ’s trademark. MAJ thereafter applied for leave to amend its complaint to add claims under the Copyright and Gold Stamping Acts, which was granted without opposition. See Memorandum Endorsement dated November 19, 1990.

In June 1991, shortly before discovery was scheduled to close. Peacock moved for leave to amend its answer by adding counterclaims. After briefing and oral argument, this Court granted Peacock’s motion. See Memorandum Endorsement dated July 2, 1992.

By Notice of Motion filed August 26, 1991, MAJ moved pursuant to Fed.R.Civ.P. 12(b)(6) and 9(b) to dismiss three of the four counterclaims asserted by Peacock. Specifically, MAJ sought dismissal of those counterclaims alleging violations of the Sherman Act, 15 U.S.C. § 2 (Supp.1992), the Racketeer Influenced and Corrupt Organizations (“RICO”) Act, 18 U.S.C. §§ 1961 et seq. (1984) and New York’s law of unfair competition. Oral argument was held on the motion on September 30, 1991. During that hearing, and after MAJ had argued that Peacock’s pleading suffered from numerous substantive and procedural deficiencies, this Court offered Peacock the opportunity to file an amended countercomplaint before we ruled on MAJ’s motion. Peacock agreed to file such an amended countercomplaint by October 15, 1991, and MAJ was given until October 29, 1991 to file a supplemental motion addressing it. See Transcript dated September 30, 1991 at 12 (hereinafter “September Transcript”).

Although we had originally told the parties that we would decide MAJ’s motion on submission, Peacock’s amended countercomplaint contained several variations on the original counterclaims as well as a completely new claim under the Lanham Act, 15 U.S.C. § 1125 (1982 & Supp.1992). In addition, Peacock filed a motion to join Michael and Anthony Paolercio as counter-defendants. In light of those developments, MAJ requested further oral argument, which was held on November 21, 1991.

Currently before us are Peacock’s motion to join and MAJ’s motion for partial dismissal of the amended countercomplaint. For the reasons that follow, the motion to join is granted and the motion to dismiss is granted in part and denied in part.

Peacock’s amended countercomplaint asserts claims of copyright invalidity, monopolization and attempted monopolization, civil RICO, false advertising under the Lanham Act, and unfair competition under New York law. Because an understanding of the nature of the parties’ business is helpful in assessing the validity of the claims, some background is provided herein.

As mentioned previously, MAJ and Peacock are companies involved in the manufacture and marketing of gold jewelry, including the manufacture of diamond-cut gold charms. The term “diamond-cutting” describes one of apparently two processes by which the imperfections left by the casting of the charms are rendered less visible.


text: The English and Scottish Popular Ballads/Part 7


text: The English and Scottish Popular Ballads/Part 8


text: The English and Scottish Popular Ballads/Part 9


text: The English and Scottish Popular Ballads/Part 10


text:
Page:Michael Anthony Jewelers v. Peacock Jewelry.pdf/5

 Unlike “polished” charms, whose mold lines and imperfections have been carefully sanded out, diamond-cut charms obtain their luster by being run over by a rapidly rotating wheel with a small diamond on its outer surface. The diamond makes numerous small nicks in the face of the charm, leaving it with a shiny surface that reflects light. Because polishing is more labor-intensive and requires greater skill than diamond cutting, polished charms are generally more expensive than their diamond-cut counterparts.

Although Peacock’s amended counterclaims are asserted under a number of different legal theories, the factual backdrop to all of them is virtually identical. According to the allegations in the amended countercomplaint, MAJ engaged in a variety of unlawful practices, all with the intended purpose of increasing its share of the diamond-cut charm market and driving its competitors out of business.

Copying Charms, Obtaining Fraudulent Copyright Registrations, and Engaging in Sham Litigation.

Perhaps the most thoroughly developed allegations in Peacock’s amended countercomplaint are those relating to MAJ’s “practice of copying charms manufactured by others.” ¶ 99. According to Peacock’s pleading, MAJ gained access to its competitors’ charms in a number of ways. In the first place, MAJ did casting for companies that lacked the facilities to cast their own charms. Because those companies had to leave their molds with MAJ to have them cast, MAJ had the opportunity to make duplicate molds.

One of the companies that had MAJ do its casting was the Old Mr. Craftsman, whose assets Peacock acquired in 1985. After Steven Wrona, an Old Mr. Craftsman employee, noticed that some of the charms resulting from molds left for casting with MAJ had different mold lines and bore markings indicating that they were copyrighted and/or trademarked by MAJ, Mr. Wrona deduced that MAJ had made unauthorized copies of the charms. ¶¶ 93–95. Mr. Wrona conferred with the Old Mr. Craftsman’s President, and the two men demanded the return of the duplicate molds. MAJ complied, and the “several hundred” counterfeit molds were brought back to the Old Mr. Craftsman’s premises where they remained unused for several years. ¶¶ 96, 98.

Another means by which MAJ gained access to its competitors’ charms was by letting its employees use MAJ’s facilities to do extra work for other companies. One MAJ employee who took advantage of that practice was Joseph Triburgo, who “moonlighted” for other companies by polishing their charms. When Mr. Triburgo did such work, Anthony Paolercio “often looked at the charms … brought in for polishing” and “[w]hen one of the designs appealed to him, [he] directed that the charm be copied.” ¶ 100. MAJ, acting “at the direction of Michael Paolercio and/or Anthony Paolercio,” would thereafter "mark the copied charms with MAJ’s own trademark and copyright notice. MAJ, therefore, would represent to the consuming public that MAJ had originated the design of the charms marked with its copyright notice, even though those charms may have been copied without permission from charms designed (and copyrighted) by others, or in the public domain."

¶ 102.

According to the amended pleading, MAJ was not content to simply copy the charms of its competitors. Instead, it would “apply for copyright registrations in its own name for charms that were copied from designs originated by others.” ¶ 130. In each application to the Copyright Office, MAJ would “willfully omit reference to any


text:
Page:The Strand Magazine (Volume 46).djvu/674

Mrs. Bramble looked up, beaming with a kind of amiable fat-headedness. She was the stupidest woman in Barnes, and one of the best-tempered. A domestic creature, wrapped up in Bill, her husband, and Harold, her son. At the present moment only the latter was with her. He sat on the other side of the table, his lips gravely pursed and his eyes a trifle cloudy behind their spectacles. Before him on the red tablecloth lay an open book. His powerful brain was plainly busy.

Mrs. Bramble regarded him fondly. A boy scout, had one been present, would have been struck by the extraordinary resemblance to a sheep surprised while gloating over its young.

"Yes, dearie?"

"Will you hear me?"

Mrs. Bramble took the book.

"Yes, mother will hear you, precious."

A slight frown marred the smoothness of Harold Bramble's brow. It jarred upon him, this habit of his mother's of referring to herself in the third person, as if she were addressing a baby, instead of a young man of ten who had taken the spelling and dictation prize last term on his head.

He cleared his throat and fixed his eyes upon the cut-glass hangings of the chandelier.

Be good, sweet maid, he began, with the toneless rapidity affected by youths of his age when reciting poetry, and let who will be clever'—clever, oh yes—'do noble things, not dream them'—dream them, oh yes—'dream them all day long; and so make life, death, and that vast f'rever, one'—oh yes—'one grand, sweet song.' I knew I knew it, and now I can do my Scripture."

"You do study so hard, dearie, you'll go giving yourself a headache. Why don't you take a nice walk by the river for half an hour, and come back nice and fresh? It's a nice evening, and you could do your Scripture nicely afterwards."

The spectacled child considered the point for a moment gravely. Then, nodding, he arranged his books in readiness for his return and went out. The front door closed with a decorous softness.

It was a constant source of amazement to Mrs. Bramble that she should have brought such a prodigy as Harold into the world. Harold was so different from ordinary children, so devoted to his books, such a model


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 work from which its designs were copied, and claim that it originated designs that it, in fact, copied from others.” Id. MAJ applied for and fraudulently obtained copyright registrations in at least thirteen charms copied from the Old Mr. Craftsman. See ¶¶ 133, 142, & Exh. C (copies of the registrations). MAJ thereafter marked its charms with the copyright notice and “promoted” and otherwise “advertised” its “original” designs to the consuming public. ¶¶ 146, 148.

As a final part of its scheme to dominate the market in diamond-cut gold charms and to harm its competitors, MAJ sought to enforce those copyrights by engaging in litigation against Peacock and others. According to the amended countercomplaint, such litigation was in bad faith in that MAJ attempted to enforce copyrights that it knew were invalid. ¶¶ 157, 158.

Unlawful Inducements.

In addition to the charges of counterfeiting and copyright misuse, Peacock alleges that MAJ offered certain “unlawful inducements” to its customers and employees in an effort to bolster sales and foster employee loyalty. In terms of the inducements to customers, Peacock asserts: "MAJ offered membership in what was termed its “Million Dollar Club” to customers who purchased at least one million dollars worth of MAJ’s products during any single year. Membership in the Million Dollar Club carried with it certain perquisites, among them, the provision of cocaine and prostitutes by MAJ."

¶ 114. Such perquisites were allegedly offered at dinner or Christmas parties, hosted by either or both of the Paolercios, and by bringing customers to a Connecticut brothel frequented by Michael Paolercio. ¶¶ 115–121.

In terms of the inducements to employees, Peacock alleges that Michael and Anthony Paolercio offered the employees cocaine in lieu of or in addition to their regular salaries. Such perquisites were allegedly offered to induce employees to work late and to foster loyalty to the company. ¶¶ 125–129.

A. Peacock’s Motion to Join

Before turning to MAJ’s motion to dismiss, we first address Peacock’s motion to join Michael and Anthony Paolercio as counter-defendants. According to the amended countercomplaint, Michael Paolercio is the President and Principal Executive Officer of MAJ. ¶ 3. In addition, he owns or controls approximately 1,734,000 shares of MAJ, which represents about 23.7% of its outstanding equity. ¶ 4. Anthony Paolercio is the Executive Vice President and Principal Operating Officer of MAJ. ¶ 5. He owns or controls approximately 1,714,000 shares of the company, which represents about 23.5% of its outstanding equity. ¶ 6. The amended countercomplaint alleges upon information and belief that the two Paolercios make or control all major policy and directional decisions on MAJ’s behalf. ¶ 7.

Initially, MAJ did not oppose Peacock’s motion to join on the assumption that it sought to join the Paolercios solely for the purposes of the RICO counterclaim and solely to the extent that that counterclaim was brought under 18 U.S.C. § 1962(c). At oral argument, however, Peacock’s counsel stated that while one of the purposes of the motion was to satisfy § 1962(c)’s requirement that Peacock allege a RICO “person” separate from the RICO enterprise, it sought to add the Paolercios as counter-defendants in all of the amended counterclaims.

MAJ objects to this broader reading of Peacock’s motion on the basis that it fails to proffer any particular reason for seeking the Paolercio’sPaolercios’ [sic] joinder. While MAJ is correct that the motion does not allege any particular grounds for joining the Paolercios, that observation is counterbalanced by the fact that discovery relating to the counterclaims began only recently and, given that Michael and Anthony Paolercio are alleged to have made all policy and directional decisions on MAJ’s behalf, would encompass essentially the same issues regardless of whether or not they were added as counter-defendants.


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 of behaviour, so altogether admirable. The only drawback was that his very perfection had made necessary a series of evasions and even deliberate falsehoods on the part of herself and her husband, highly distasteful to both. They were lovers of truth, but they had realized that there are times when truth must be sacrificed. At any cost the facts concerning Mr. Bramble's profession must be kept from Harold.

While he was a baby it had not mattered so much. But when he began to move about and take notice, Mrs. Bramble said to Mr. Bramble, "Bill, we must keep it from Harold."

A little later, when the child had begun to show signs of being about to become a model of goodness and intelligence, and had already taken two prizes at the Sunday-school, the senior curate of the parish, meeting Mr. Bramble one morning, said, nervously—for, after all, it was a delicate subject to broach—"Er—Bramble, I think, on the whole, it would be as well to—er—keep it from Harold."

And only the other day, Mrs. Bramble's brother, Major Percy Stokes, of the Salvation Army, dropping in for a cup of tea, had said, "I hope you are keeping it from Harold. It is the least you can do," and had gone on to make one or two remarks about men of wrath which, considering that his cheek-bones were glistening with Mr. Bramble's buttered toast, were in poor taste. But Percy was like that. Enemies said that he liked the sound of his own voice, and could talk the hind-leg off a donkey. Certainly he was very persuasive. Once he had wrought so successfully with an emotional publican in East Dulwich that the latter had started then and there to give all that he had to the poor, beginning with his stock-in-trade. Seven policemen had almost failed to handle the situation.

Mr. Bramble had fallen in with the suggestion without demur. In private life he was the mildest and most obliging of men, and always yielded to everybody. The very naming of Harold had caused a sacrifice on his part. When it was certain that he was about to become a father he had expressed a desire that the child should be named John, if a boy, after Mr. John L. Sullivan, or, if a girl, Marie, after Miss Marie Lloyd. But Mrs. Bramble saying that Harold was such a sweet name, he had withdrawn his suggestions with the utmost good-humour.

Nobody could help liking this excellent man; which made it all the greater pity that his walk in life was of such a nature that it simply had to be kept from Harold.

He was a professional pugilist! That was the trouble.

Before the coming of Harold he had been proud of being a professional pugilist. His


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 In light of the fact that MAJ will suffer no prejudice by virtue of the addition of the Paolercios, as well as MAJ’s own concession that they would have had to have been added as counter-defendants for the purposes of the § 1962(c) claim, we grant MAJ’s motion in its entirety. The individual defendants may move to dismiss as to the non-RICO causes of action following completion of discovery.

B. MAJ’s Motion to Dismiss

In reviewing MAJ’s motion to dismiss, this Court is required to accept the allegations in the amended countercomplaint as true and to construe them in the light most favorable to Peacock. See Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 1686, 40 L.Ed.2d 90 (1974); Dacey v. New York County Lawyers’ Ass’n, 423 F.2d 188, 191 (2d Cir.1969), ''cert. denied'', 398 U.S. 929, 90 S.Ct. 1819, 26 L.Ed.2d 92 (1970). The contested counterclaims will be dismissed only if Peacock can prove no set of facts that would entitle it to relief. See Conley v. Gibson, 355 U.S. 41, 45–46, 78 S.Ct. 99, 101–02, 2 L.Ed.2d 80 (1957); Goldman v. Belden, 754 F.2d 1059, 1065 (2d Cir.1985).

While the bulk of Peacock’s allegations need only conform to the liberal pleading requirements of Fed.R.Civ.P. 8(a), the mail fraud allegations underlying its RICO counterclaim and certain fraud-based aspects of the antitrust counterclaim must comply with the more stringent pleading requirements of Fed.R.Civ.P. 9(b) to survive dismissal. Rule 9(b) provides that “In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity.” With these background principles in mind, we now address each of the contested counterclaims in turn.

 * 1. The Antitrust Counterclaim.

Section 2 of the Sherman Act states that no person may “monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations….” 15 U.S.C. § 2. Peacock’s Second Counterclaim alleges that MAJ violated this provision by either monopolizing or attempting to monopolize the diamond-cut gold charm industry.

In order to state a claim of monopolization under § 2, Peacock must adequately allege two elements: “(1) the possession of monopoly power in the relevant market and (2) the willful acquisition of that power as distinguished from the growth or development of a business as a consequence of a superior product, business acumen or historical accident.” United States v. Grinnell Corp., 384 U.S. 563, 570–71, 86 S.Ct. 1698, 1704, 16 L.Ed.2d 778 (1966); Energex Lighting Indus., Inc. v. North American Philips Lighting Corp., 765 F.Supp. 93, 101 (S.D.N.Y.1991). In order to allege a claim for attempted monopolization. Peacock must plead “(1) a ‘dangerous probability of success’ in monopolizing a given product market and (2) a specific intent to ‘destroy competition or build monopoly.’ ” Nifty Foods Corp. v. Great Atlantic & Pacific Tea Co., 614 F.2d 832, 841 (2d Cir.1980), quoting Times-Picayune Publishing Co. v. United States, 345 U.S. 594, 626, 73 S.Ct. 872, 890, 97 L.Ed. 1277 (1953). In addition, in order to have standing to bring this private antitrust action, Peacock must prove that it suffered an “antitrust injury,” which is an “injury of the type the antitrust laws were intended to prevent and that flows from that which makes [MAJ’s] acts unlawful.” Brunswick Corp.


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 v. Pueblo Bowl-O-Mat, Inc., 429 U.S. 477, 489, 97 S.Ct. 690, 697, 50 L.Ed.2d 701 (1977); see also ''Centrig Indus. Contracting Corp. v. Anheuser-Busch Co., Inc., No. 89-2744, 1991 WL 4719, at *1–2, 1991 U.S. Dist. LEXIS 458, at *4 (S.D.N.Y. Jan. 16, 1991); Berman v. Riverbay Corp.'', No. 89-5538, 1990 WL 116765, at *2, 1990 U.S. Dist. LEXIS 3372, at *5 (S.D.N.Y. March 29, 1990).

Taking Peacock’s allegations as true, and construing them in the light most favorable to Peacock as we must on a motion to dismiss, Peacock appears to have stated claims under either theory. Turning to the monopolization claim first, Peacock has alleged that the relevant market is diamond-cut gold charms, and that MAJ holds 70% of that market (¶ 154). Peacock has also alleged that MAJ obtained its position in the market through a concerted pattern of exclusionary conduct, including the copying of competitors’ charms, the fraudulent procurement of copyright protection, and the maintenance of sham litigation to protect its monopoly over those designs. Finally, Peacock has asserted that it suffered an “antitrust injury” by virtue of the deflection of its customers to MAJ and the costs of defending against this sham copyright litigation. Peacock’s attempted monopolization claim is adequately pleaded for essentially the same reasons: MAJ’s 70% market share and continued efforts to strengthen its position through sham copyright litigation pose a “dangerous probability” of successful monopolization, and MAJ has engaged in such action “with the specific goal of securing a monopoly position in the market for diamond cut gold charms in the United States” (¶ 162).

Despite the facial adequacy of Peacock’s allegations, MAJ proffers a number of reasons why the antitrust counterclaim should be dismissed. Specifically, MAJ contends that Peacock: (1) has not asserted a plausible relevant market; (2) has not demonstrated its exclusionary power; and (3) has not demonstrated an antitrust injury. In addition, MAJ argues that (4) Peacock’s sham litigation claim is foreclosed by the Noerr–Pennington doctrine; and, finally, (5) that the allegations of fraud underling the antitrust claims are not pleaded with particularity. Each of these arguments is taken up below.

The Relevant Market.

MAJ’s first objection to the amended pleading targets Peacock’s definition of the relevant market. While Peacock defines that market as comprised of diamond-cut gold charms, MAJ proposes a broader definition including non-diamond-cut gold charms or at least other inexpensive charms made of silver.

This Court does not dispute MAJ’s contention that in determining the relevant market for the purposes of a monopolization claim, our definition must include “alternative sources of, and substitutes for, [a] defendant’s product which reflect commercial realities.” Theater Party Assoc., Inc. v. Shubert Organization, Inc., 695 F.Supp. 150, 155 (S.D.N.Y.1988); see also Twin City Sportservice, Inc. v. Charles O. Finley & Co., 512 F.2d 1264, 1271 (9th


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Orders for periodical payment

59.—(1) Where a magistrates’ court orders money to be paid periodically by one person to another, the court may order that the payment shall be made to the clerk of the court or the clerk of any other magistrates’ court.

(2) Where the order is an affiliation order, an order under the Guardianship of Minors Acts 1971 and 1973 or an order under Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978, the court shall, unless upon representations expressly made in that behalf by the applicant for the order it is satisfied that it is undesirable to do so, exercise its power under subsection (1) above.

(3) Where periodical payments under an order of any court are required to be paid to or through the clerk of a magistrates’ court and any sums payable under the order are in arrear, the clerk shall, if the person for whose benefit the payment should have been made so requests in writing, and unless it appears to the clerk that it is unreasonable in the circumstances to do so, proceed in his own name for the recovery of those sums; but the said person shall have the same liability for all the costs properly incurred in or about the proceedings as if the proceedings had been taken by him.

(4) Nothing in this section shall affect any right of a person to proceed in his own name for the recovery of sums payable on his behalf under an order of any court.

60. Where a magistrates’ court has made an order for the periodical payment of money, the court may, by order on complaint, revoke, revive or vary the order.

The power to vary an order by virtue of this section shall include power to suspend the operation of any provision of that order temporarily and to revive the operation of any provision so suspended.

61.—(1) The power to make rules conferred by section 144 below shall, without prejudice to the generality of subsection (1) of that section, include power to make provision—
 * (a) for enabling a person to make one complaint for the recovery of payments required to be made to him by than another person under more than one periodical payments order; and
 * (b) for apportioning between two or more periodical payments orders, in such manner as may be prescribed by the rules, any sum paid to a clerk to a magistrates’ court on any date by the person liable to make payments under the orders which is less than the total


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36c. 43

(2) In this section—
 * “child” means a person who has not attained the age of 18;
 * “periodical payments order” means an order made by a magistrates’ court, or registered in a magistrates’ court under Part II of the Maintenance Orders Act 1950 or Part I of the Maintenance Orders Act 1958, which requires the making of periodical payments,

and any payments required under a periodical payments order to be made to a child shall for the purposes of subsection (1) above be treated as if they were required to be made to the person with whom the child has his home. Payments to children

62.—(1) Where—
 * (a) periodical payments are required to be made, or a lump sum is required to be paid, to a child under an order made by a magistrates’ court, or
 * (b) periodical payments are required to be made to a child under an order which is registered in a magistrates’ court,

any sum required under the order to be paid to the child may be paid to the person with whom the child has his home, and that person—
 * (i) may proceed in his own name for the variation, revival or revocation of the order, and
 * (ii) may either proceed in his own name for the recovery of any sum required to be paid under the order or request the clerk to the magistrates’ court, under subsection (3) of section 59 above, to proceed for the recovery of that sum.

(2) Where a child has a right under any enactment to apply for the revival of an order made by a magistrates’ court which provided for the making of periodical payments to or for the benefit of the child, the person with whom the child has his home may proceed in his own name for the revival of that order.


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Rh

(3) Where any person by whom periodical payments are required to be paid to a child under an order made by or registered in a magistrates’ court makes a complaint for the variation or revocation of that order, the person with whom the child has his home may answer the complaint in his own name.

(4) Nothing in subsections (1) and (2) above shall affect any right of a child to proceed in his own name for the variation, revival or revocation of an order or for the recovery of any sum payable thereunder.

(5) In this section references to the person with whom a child has his home shall be construed in accordance with Part IV of the Children Act 1975, except that, in the case of any child in the care of a local authority, the local authority shall be treated for the purposes of this section as the person with whom the child has his home.

(6) In this section any reference to an order registered in a magistrates’ court is a reference to an order registered in a magistrates’ court under Part II of the Maintenance Orders Act 1950 or Part I of the Maintenance Orders Act 1958.

(7) In this section “child” means a person who has not attained the age of 18. Orders other than for payment of money

63.—(1) Where under any Act passed after 31st December 1879 a magistrates’ court has power to require the doing of anything other than the payment of money, or to prohibit the doing of anything, any order of the court for the purpose of exercising that power may contain such provisions for the manner in which anything is to be done, for the time within which anything is to be done, or during which anything is not to be done, and generally for giving effect to the order, as the court thinks fit.

(2) The court may by order made on complaint suspend or rescind any such order as aforesaid.

(3) Where any person disobeys an order of a magistrates’ court made under an Act passed after 31st December 1879 to do anything other than the payment of money or to abstain from doing anything the court may—
 * (a) order him to pay a sum not exceeding £50 for every day during which he is in default or a sum not exceeding £1,000; or
 * (b) commit him to custody until he has remedied his default or for a period not exceeding 2 months;

but a person who is ordered to pay a sum for every day during which he is in default or who is committed to custody until he


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38c. 43

has remedied his default shall not by virtue of this section be ordered to pay more than £1,000 or be committed for more than 2 months in all for doing or abstaining from doing the same thing contrary to the order (without prejudice to the operation of this section in relation to any subsequent default).

(4) Any sum ordered to be paid under subsection (3) above shall for the purposes of this Act be treated as adjudged to be paid by a conviction of a magistrates’ court.

(5) The preceding provisions of this section shall not apply to any order for the enforcement of which provision is made by any other enactment. Costs

64.—(1) On the hearing of a complaint, a magistrates’ court shall have power in its discretion to make such order as to costs—
 * (a) on making the order for which the complaint is made, to be paid by the defendant to the complainant;
 * (b) on dismissing the complaint, to be paid by the complainant to the defendant,

as it thinks just and reasonable; but if the complaint is for an order for the periodical payment of money, or for the revocation, revival or variation of such an order, or for the enforcement of such an order, the court may, whatever adjudication it makes, order either party to pay the whole or any part of the other’s costs.

(2) The amount of any sum ordered to be paid under subsection (1) above shall be specified in the order, or order of dismissal, as the case may be.

(3) Subject to subsection (4) below, costs ordered to be paid under this section shall be enforceable as a civil debt.

(4) Any costs awarded on a complaint for an affiliation order or order enforceable as an affiliation order, or for the enforcement, variation, revocation, discharge or revival of such an order, against the person liable to make payments under the order shall be enforceable as a sum ordered to be paid by an affiliation order.

(5) The preceding provisions of this section shall have effect subject to any other Act enabling a magistrates’ court to order a successful party to pay the other party’s costs. Domestic proceedings

65.—(1) In this Act "domestic proceedings means proceedings under any of the following enactments, that is to say—
 * (a) the Maintenance Orders (Facilities for Enforcement) Act 1920;


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 * (c) section 3 of the Marriage Act 1949;
 * (d) the Affiliation Proceedings Act 1957;
 * (e) the Guardianship of Minors Acts 1971 and 1973;
 * (f) Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972;
 * (g) Part II of the Children Act 1975;
 * (h) the Adoption Act 1976, except proceedings under section 34 of that Act;
 * (i) section 18 or section 19 of the Supplementary Benefits Act 1976;
 * (j) Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978;
 * (k) section 47, 49 or 50 of the Child Care Act 1980;
 * (l) section 60 of this Act;

except that, subject to subsection (2) below, it does not include—
 * (i) proceedings for the enforcement of any order made, confirmed or registered under any of those enactments;
 * (ii) proceedings for the variation of any provision for the periodical payment of money contained in an order made, confirmed or registered under any of those enactments; or
 * (iii) proceedings on an information in respect of the commission of an offence under any of those enactments.

(2) The court before which there fall to be heard any of the following proceedings, that is to say—
 * (a) proceedings (whether under this Act or any other enactment) for the enforcement of any order made, confirmed or registered under any of the enactments specified in paragraphs (a) to (k) of subsection (1) above;
 * (b) proceedings (whether under this Act or any other enactment) for the variation of any provision for the making of periodical payments contained in an order made, confirmed or registered under any of those enactments;
 * (c) proceedings for an attachment of earnings order to secure maintenance payments within the meaning of the Attachment of Earnings Act 1971 or for the discharge or variation of such an order; or
 * (d) proceedings for the enforcement of a maintenance order which is registered in a magistrates’ court under Part II of the Maintenance Orders Act 1950 or Part I of 39


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40c. 43

may if it thinks fit order that those proceedings and any other proceedings being heard therewith shall, notwithstanding anything in subsection (1) above, be treated as domestic proceedings for the purposes of this Act.

(3) Where the same parties are parties—
 * (a) to proceedings which are domestic proceedings by virtue of subsection (1) above, and
 * (b) to proceedings which the court has power to treat as domestic proceedings by virtue of subsection (2) above,

and the proceedings are heard together by a magistrates’ court, the whole of those proceedings shall be treated as domestic proceedings for the purposes of this Act.

(4) No appeal shall lie from the making of, or refusal to make, an order under subsection (2) above.

(5) Until the Adoption Act 1976 comes into force subsection (1) above shall have effect as if for paragraph (h) thereof there were substituted the following paragraph—
 * “(h) the Adoption Act 1958, the Adoption Act 1960 or Part I of the Children Act 1975, except proceedings under section 42 or 43 of the Adoption Act 1958.”

(6) Until the Child Care Act 1980 comes into force subsection (1) above shall have effect as if for paragraph (k) thereof there were substituted the following paragraph—
 * “(k) section 87 or section 88 of the Children and Young Persons Act 1933 or section 26 of the Children Act 1948.”

66.—(1) Subject to the provisions of this section, a magistrates’ court when hearing domestic procedingsproceedings [sic] shall be composed of not more than 3 justices of the peace, including, so far as practicable, both a man and a woman.

(2) Subsection (1) above shall not apply to a magistrates’ court for an inner London petty sessions area, and, notwithstanding anything in section 67 below, for the purpose of exercising jurisdiction to hear domestic proceedings such a court shall be composed of—
 * (a) a metropolitan stipendiary magistrate as chairman and one or 2 lay justices who are members of the domestic court panel for that area ; or
 * (b) 2 or 3 lay justices who are members of that panel; or, if it is not practicable for such a court to be so composed,

the court shall for that purpose be composed of a metropolitan stipendiary magistrate sitting alone.