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 should easily fall to, and fix myself long upon my devotions to thee. A sound heart is the life of the flesh ; and a heart visited by thee, and directed to thee by that visitation, is a sound heart. There is no soundness in my flesh, because of thine anger . Interpret thine own work, and call this sickness correction, and not anger, and there is soundness in my flesh. There is no rest in my bones, because of my sin ; transfer my sins, with which thou art so displeased, upon him with whom thou art so well pleased, Christ Jesus, and there will be rest in my bones. And, O my God, who madest thyself a light in a bush, in the midst of these brambles and thorns of a sharp sickness, appear unto me so that I may see thee, and know thee to be my God, applying thyself to me, even in these sharp and thorny passages. Do this, O Lord, for his sake, who was not the less the King of heaven for thy suffering him to be crowned with thorns in this world.

E attribute but one privilege and advantage to man's body above other moving creatures, that he is not, as others, groveling, but of an erect, of an upright form, naturally built and disposed to the contemplation of heaven. Indeed it is a thankful form, and recompenses that soul, which gives it, with carrying that soul so many feet higher towards heaven. Other creatures look to the earth; and even that is no unfit object, no unfit contemplation for man; for

title: Page:Devotions - Donne - 1840.djvu/124


text: Page:New Peterson magazine 1859 Vol. XXXV.pdf/433

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


text: Page:New Peterson magazine 1859 Vol. XXXV.pdf/271


text: Page:New Peterson magazine 1859 Vol. XXXV.pdf/272


text: Page:New Peterson magazine 1859 Vol. XXXV.pdf/432


text: Page:New Peterson magazine 1859 Vol. XXXV.pdf/434


text: Page:New Peterson magazine 1859 Vol. XXXV.pdf/435


text:
Page:New Peterson magazine 1859 Vol. XXXV.pdf/436

 NAME FOB MARKING.

CHILD’S SILK APRON.


text: Tempest (1918) Yale/Text/Epilogue

title: Tempest (1918) Yale/Text/Epilogue


text: Page:New Peterson magazine 1859 Vol. XXXV.pdf/437


text:
Page:New Peterson magazine 1859 Vol. XXXV.pdf/438

EMBROIDERY ON PLANNEL 0R MUSLIN.

WATCII-POCK ET BRAIDED.

EMBROIDERY ON PLANNED


text:
Page:New Peterson magazine 1859 Vol. XXXV.pdf/439

NEAPOLITAN LACE BONNET.

GREEN GRAPE BONNET.

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HEAD-DRESS.


text:
Page:New Peterson magazine 1859 Vol. XXXV.pdf/276

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text: Page:New Peterson magazine 1859 Vol. XXXV.pdf/278


text: Page:New Peterson magazine 1859 Vol. XXXV.pdf/279


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Page:New Peterson magazine 1859 Vol. XXXV.pdf/280

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text:
Page:Devotions - Donne - 1840.djvu/213

 righteous, die to sin; which death is a resurrection to a new life. Thou killest and thou givest life: whichsoever comes, it comes from thee; which way soever it comes, let me come to thee.

ERCHANCE he for whom this bell tolls may be so ill, as that he knows not it tolls for him; and perchance I may think myself so much better than I am, as that they who are about me, and see my state, may have caused it to toll for me, and I know not that. The church is Catholic, universal, so are all her actions; all that she does belongs to all. When she baptizes a child, that action concerns me; for that child is thereby connected to that head which is my head too, and ingrafted into that body whereof I am a member. And when she buries a man, that action concerns me: all mankind is of one author, and is one volume; when one man dies, one chapter is not torn out of the book, but translated into a better language; and every chapter must be so translated; God employs several translators; some pieces are translated by age, some by sickness, some by war, some by justice; but God's hand is in every translation, and his hand shall bind up all our scattered leaves again, for that library where every book shall lie open to one another. As therefore the bell that rings to a sermon, calls not upon the preacher only, but upon the congregation to come, so this bell calls us all; but how much more me, who am brought so near the door by this sickness. There was a contention as far as a suit (in which

title: Page:Devotions - Donne - 1840.djvu/213


text:
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 RIDING HABlT.


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 both piety and dignity, religion and estimation, were mingled ), which of the religious orders should ring to prayers first in the morning; and it was determined, that they should ring first that rose earliest. If we understand aright the dignity of this bell that tolls for our evening prayer, we would be glad to make it ours by rising early, in that application, that it might be ours as well as his, whose indeed it is. The bell doth toll for him that thinks it doth; and though it intermit again, yet from that minute that that occasion wrought upon him, he is united to God. Who casts not up his eye to the sun when it rises? but who takes off his eye from a comet when that breaks out? Who bends not his ear to any bell which upon any occasion rings? but who can remove it from that bell which is passing a piece of himself out of this world? No man is an island, entire of itself; every man is a piece of the continent, a part of the main. If a clod be washed away by the sea, Europe is the less, as well as if a promontory were, as well as if a manor of thy friend's or of thine own were: any man's death diminishes me, because I am involved in mankind, and therefore never send to know for whom the bell tolls; it tolls for thee. Neither can we call this a begging of misery, or a borrowing of misery, as though we were not miserable enough of ourselves, but must fetch in more from the next house, in taking upon us the misery of our neighbours. Truly it were an excusable covetousness if we did, for affliction is a treasure, and scarce any man hath enough of it. No man hath affliction enough that is not matured and ripened by it, and made fit for God by that affliction. If a man carry treasure in bullion, or in a wedge of gold, and have none coined into current money, his treasure will not defray him as he travels. Tribulation is treasure in the nature of it, but it is not current money in the

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 use of it, except we get nearer and nearer our home, heaven, by it. Another man may be sick too, and sick to death, and this affliction may lie in his bowels, as gold in a mine, and be of no use to him; but this bell, that tells me of his affliction, digs out and applies that gold to me: if by this consideration of another's danger I take mine own into contemplation, and so secure myself, by making my recourse to my God, who is our only security.

Y God, my God, is this one of thy ways of drawing light out of darkness, to make him for whom this bell tolls, now in this dimness of his sight, to become a superintendent, an overseer, a bishop, to as many as hear his voice in this bell, and to give us a confirmation in this action? Is this one of thy ways, to raise strength out of weakness, to make him who cannot rise from his bed, nor stir in his bed, come home to me, and in this sound give me the strength of healthy and vigorous instructions? O my God, my God, what thunder is not a well-tuned cymbal, what hoarseness, what harshness, is not a clear organ, if thou be pleased to set thy voice to it? And what organ is not well played on if thy hand be upon it? Thy voice, thy hand, is in this sound, and in this one sound I hear this whole concert. I hear thy Jacob call unto his sons and say, Gather yourselves together, that I may tell yow what shall befall you in the last days : he says, That which I am now, you must be then. I hear thy Moses telling me, and all within the compass of this sound, This is the blessing wherewith I bless you before my death ; this, that before your death, you would consider your own in mine. I hear thy prophet saying to Hezekiah, Set thy house

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 in order, for thou shalt die, and not live : he makes use of his family, and calls this a setting of his house in order, to compose us to the meditation of death. I hear thy apostle saying, I think it meet to put you in remembrance, knowing that shortly I must go out of this tabernacle : this is the publishing of his will, and this bell is our legacy, the applying of his present condition to our use. I hear that which makes all sounds music, and all music perfect; I hear thy Son himself saying, Let not your hearts be troubled ; only I hear this change, that whereas thy Son says there, I go to prepare a place for you, this man in this sound says, I send to prepare you for a place, for a grave. But, O my God, my God, since heaven is glory and joy, why do not glorious and joyful things lead us, induce us to heaven? Thy legacies in thy first will, in the Old Testament, were plenty and victory, wine and oil, milk and honey, alliances of friends, ruin of enemies, peaceful hearts and cheerful countenances, and by these galleries thou broughtest them into thy bedchamber, by these glories and joys, to the joys and glories of heaven. Why hast thou changed thine old way, and carried us by the ways of discipline and mortification, by the ways of mourning and lamentation, by the ways of miserable ends and miserable anticipations of those miseries, in appropriating the exemplar miseries of others to ourselves, and usurping upon their miseries as our own, to our own prejudice? Is the glory of heaven no perfecter in itself, but that it needs a foil of depression and ingloriousness in this world, to set it off? Is the joy of heaven ne perfecter in itself, but that it needs the sourness of this life to give it a taste? Is that joy and that glory but a comparative glory and a comparative joy? not such in itself, but such in

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 comparison of the joylessness and the ingloriousness of this world? I know, my God, it is far, far otherwise. As thou thyself, who art all, art made of no substances, so the joys and glory which are with thee are made of none of these circumstances, essential joy, and glory essential. But why then, my God, wilt thou not begin them here? Pardon, O God, this unthankful rashness; I that ask why thou dost not, find even now in myself, that thou dost; such joy, such glory, as that I conclude upon myself, upon all, they that find not joy in their sorrows, glory in their dejections in this world, are in a fearful danger of missing both in the next.

ETERNAL and most gracious God, who hast been pleased to speak to us, not only in the voice of nature, who speaks in our hearts, and of thy word, which speaks to our ears, but in the speech of speechless creatures, in Balaam's ass, in the speech of unbelieving men, in the confession of Pilate, in the speech of the devil himself, in the recognition and attestation of thy Son, I humbly accept thy voice in the sound of this sad and funeral bell. And first, I bless thy glorious name, that in this sound and voice I can hear thy instructions, in another man's to consider mine own condition; and to know, that this bell which tolls for another, before it come to ring out, may take in me too. As death is the wages of sin, it is due to me; as death is the end of sickness, it belongs to me; and though so disobedient a servant as I may be afraid to die, yet to so merciful a master as thou I cannot be afraid to come; and therefore into thy hands, O my God, I commend my spirit, a surrender which I know thou wilt accept, whether I

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 live or die; for thy servant David made it, when he put himself into thy protection for his life; and thy blessed Son made it, when he delivered up his soul at his death: declare thou thy will upon me, O Lord, for life or death in thy time; receive my surrender of myself now; into thy hands, O Lord, I commend my spirit. And being thus, O my God, prepared by thy correction, mellowed by thy chastisement, and conformed to thy will by thy Spirit, having received thy pardon for my soul, and asking no reprieve for my body, I am bold, O Lord, to bend my prayers to thee for his assistance, the voice of whose bell hath called me to this devotion. Lay hold upon his soul, O God, till that soul have thoroughly considered his account; and how few minutes soever it have to remain in that body, let the power of thy Spirit recompense the shortness of time, and perfect his account before he pass away: present his sins so to him, as that he may know what thou forgivest, and not doubt of thy forgiveness; let him stop upon the infiniteness of those sins, but dwell upon the infiniteness of thy mercy; let him discern his own demerits, but wrap himself up in the merits of thy Son Christ Jesus; breathe inward comforts to his heart, and afford him the power of giving such outward testimonies thereof, as all that are about him may derive comforts from thence, and have this edification, even in this dissolution, that though the body be going the way of all flesh, yet that soul is going the way of all saints. When thy Son cried out upon the cross, My God, my God, why hast thou forsaken me? he spake not so much in his own person, as in the person of the church, and of his afflicted members, who in deep distresses might fear thy forsaking. This patient, O most blessed God, is one of them; in his behalf, and in his

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 name, hear thy Son crying to thee, My God, my God, why hast thou forsaken me? and forsake him not; but with thy left hand lay his body in the grave (if that be thy determination upon him), and with thy right hand receive his soul into thy kingdom, and unite him and us in one communion of saints. Amen.

XVIII.

HE bell rings out, the pulse thereof is changed; the tolling was a faint and intermitting pulse, upon one side; this stronger, and argues more and better life. His soul is gone out, and as a man who had a lease of one thousand years after the expiration of a short one, or an inheritance after the life of a man in a consumption, he is now entered into the possession of his better estate. His soul is gone, whither? Who saw it come in, or who saw it go out? Nobody; yet everybody is sure he had one, and hath none. If I will ask mere philosophers what the soul is, I shall find amongst them that will tell me, it is nothing but the temperament and harmony, and just and equal composition of the elements in the body, which produces all those faculties which we ascribe to the soul; and so in itself is nothing, no separable substance that overlives the body. They see the soul is nothing else in other creatures, and they affect an impious humility to think as low of man. But if my soul were no more than the soul of a beast, I could not think so; that soul that can reflect upon itself, consider itself, is more than so. If I will ask, not

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text: Index:New species of Sericini from Sri Lanka (Coleoptera, Scarabaeidae). Part II.pdf


text: Page:New species of Sericini from Sri Lanka (Coleoptera, Scarabaeidae). Part II.pdf/1


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Page:Tempest (1918) Yale.djvu/95

With that which, etc. 'With that learning which exceeded in value all popular estimates [of learning], save that it compelled me to live a retired life'—whence rose the trouble in Prospero's career.

Who having, into truth, etc. A difficult passage. The general meaning seems clear: He had told the lie so often that, so far as his own memory was concerned, he had come to believe it.

Now I arise. A much disputed passage. There seems to be no reason for assuming that more is meant than the words state literally.

to fetch dew. Dew was to be fetched for use in some sort of incantation.

for one thing she did. Prospero does not specify the nature of the act; but there seems to be an implication that the witch was spared because of her pregnancy. Cf. Henry VI, Part 1, V. iv. 10 ff.

berries. The reference may possibly be to coffee.

In the Folios this speech is assigned to Miranda.

kiss'd The wild waves whist. 'Kissed the wild waves into silence.'

''Ha, ha, ha! etc''. In the Folios the second half of this speech, 'So you're paid,' is assigned to Antonio. In order to make sense out of the passage the words must be given to Sebastian, who, having lost the wager, pays with a laugh.

He could not miss it. 'Uninhabitable as this island is, neither Adrian nor the rest could do without it, just then.' (Furness.)

pockets. His pockets are, presumably, still damp and muddy.

title: Page:Tempest (1918) Yale.djvu/95


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Page:New species of Sericini from Sri Lanka (Coleoptera, Scarabaeidae). Part II.pdf/46

RANASINGHE S. et al., New Sericini from Sri Lanka References

Ahrens D. & Fabrizi S. 2016. A monograph of the Sericini of India (Coleoptera: Scarabaeidae). Bonn Zoological Bulletin 65: 1–355.

Fabrizi S. & Ahrens D. 2014. A monograph of the Sericini of Sri Lanka (Coleoptera: Scarabaeidae). Bonn Zoological Bulletin, Supplements 61: 1–124.

Ranasinghe S., Eberle J., Benjamin S.P. & Ahrens D. 2020. New species of Sericini from Sri Lanka (Coleoptera, Scarabaeidae). European Journal of Taxonomy 621: 1–20. https://doi.org/10.5852/ejt.2020.621

Manuscript received: 3 December 2021 Manuscript accepted: 23 March 2022 Published on: 30 May 2022 Topic editor: Tony Robillard Section editor: Max Barclay Desk editor: Pepe Fernández

Printed versions of all papers are also deposited in the libraries of the institutes that are members of the EJT consortium: Muséum national d’histoire naturelle, Paris, France; Meise Botanic Garden, Belgium; Royal Museum for Central Africa, Tervuren, Belgium; Royal Belgian Institute of Natural Sciences, Brussels, Belgium; Natural History Museum of Denmark, Copenhagen, Denmark; Naturalis Biodiversity Center, Leiden, the Netherlands; Museo Nacional de Ciencias Naturales-CSIC, Madrid, Spain; Real Jardín Botánico de Madrid CSIC, Spain; Zoological Research Museum Alexander Koenig, Bonn, Germany; National Museum, Prague, Czech Republic.


text: Index:Trustee Act 2000 (UKPGA 2000-29 qp).pdf


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Page:New species of Sericini from Sri Lanka (Coleoptera, Scarabaeidae). Part II.pdf/45

European Journal of Taxonomy 821: 57–101 (2022)

888m; 15-X-2019; Eberle, Bohacz & Ranasinghe leg.; Black light”; ZFMK • 1 ♂; “X-SR0902, Sri Lanka, Matale District, Riverston, Pitawala Pathana, 7.55223ºN, 80.75293ºE, 888m; 15-X-2019; Eberle, Bohacz & Ranasinghe leg.; Black light”; ZFMK •1 ♂; “X-SR0903, Sri Lanka, Matale District, Riverston, Pitawala Pathana, 7.55223ºN, 80.75293ºE, 888m; 15-X-2019; Eberle, Bohacz & Ranasinghe leg.; Black light”; ZFMK • 1 ♂; “X-SR0904, Sri Lanka, Matale District, Riverston, Pitawala Pathana, 7.55223ºN, 80.75293ºE, 888m; 15-X-2019; Eberle, Bohacz & Ranasinghe leg.; Black light”; ZFMK • 1 ♂; “X-SR0905, Sri Lanka, Matale District, Riverston, Pitawala Pathana, 7.55223ºN, 80.75293ºE, 888m; 15-X-2019; Eberle, Bohacz & Ranasinghe leg.; Black light”; ZFMK • 1 ♂; “X-SR0906, Sri Lanka, Matale District, Riverston, Pitawala Pathana, 7.55223ºN, 80.75293ºE, 888m; 15-X-2019; Eberle, Bohacz & Ranasinghe leg.; Black light”; ZFMK • 1 ♂; “X-SR0907, Sri Lanka, Matale District, Riverston, Pitawala Pathana, 7.55223ºN, 80.75293ºE, 888m; 15-X-2019; Eberle, Bohacz & Ranasinghe leg.; Black light”; ZFMK • 1 ♂; “X-SR0908, Sri Lanka, Matale District, Riverston, Pitawala Pathana, 7.55223ºN, 80.75293ºE, 888m; 15-X-2019; Eberle, Bohacz & Ranasinghe leg.; Black light”; ZFMK • 1 ♂; “X-SR0909, Sri Lanka, Matale District, Riverston, Pitawala Pathana, 7.55223ºN, 80.75293ºE, 888m; 15-X-2019; Eberle, Bohacz & Ranasinghe leg.; Black light”; ZFMK • 1 ♂; “X-SR0910, Sri Lanka, Matale District, Riverston, Pitawala Pathana, 7.55223ºN, 80.75293ºE, 888m; 15-X-2019; Eberle, Bohacz & Ranasinghe leg.; Black light”; ZFMK • 1 ♂; “X-SR0911, Sri Lanka, Matale District, Riverston, Pitawala Pathana, 7.55223ºN, 80.75293ºE, 888m; 15-X-2019; Eberle, Bohacz & Ranasinghe leg.; Black light”; ZFMK • 1 ♂; “X SR0912, Sri Lanka, Matale District, Riverston, Pitawala Pathana, 7.55223ºN, 80.75293ºE, 888m; 15-X-2019; Eberle, Bohacz & Ranasinghe leg.; Black light”; ZFMK • 1 ♂; “X-SR0913, Sri Lanka, Matale District, Riverston, Pitawala Pathana, 7.55223ºN, 80.75293ºE, 888m; 15-X-2019; Eberle, Bohacz & Ranasinghe leg.; Black light”; ZFMK • 1 ♂; “X-SR0914, Sri Lanka, Matale District, Riverston, Pitawala Pathana, 7.55223ºN, 80.75293ºE, 888m; 15-X-2019; Eberle, Bohacz & Ranasinghe leg.; Black light”; ZFMK.

Discussion

Although the sampling was mainly carried out at the same sites as in the first expedition (Ranasinghe et al. 2020), we still found different species within the assemblages, that had not been previously collected at the same site. This might be due to seasonal change, as sampling was performed in both dry and wet seasons. However, more thorough conclusions regarding temporal turnover of assemblages of Sericini would need long-term observation, and these data are analysed in a separate paper, focusing particularly on the synecology of the species in relation to their habitat. The study once more revealed a large amount of endemism, confirming that Sri Lanka remains unexplored, and that night active chafers are still rather poorly represented in material from occasional, non-specialized field surveys.

Acknowledgements

Fieldwork for this study was fully funded by institutional funds of the ZFMK and by the German Academic Exchange Service (DAAD). S.R. was funded by the DAAD; N.A. and S.P.B. were funded by the NIFS. We are thanking to C. Bohacz (ZFMK), D. Bopearachchi, A. Sathkunanathan, M. Tharmarajan, C. Jayatissa and S. Wijesundara of the NIFS for their support in the field and lab. Further, we are grateful to Prof. S. Wijesundara and Mr C. Lekamge for providing facility in the NIFS Arboretum. Thanks to Mr Madhura de Silva and Mr Sampath for providing facility in the Hiyare Conservation Center. Furthermore, we are thankful to all Wildlife Rangers (Nuwara Eliya, Hiyare, Horton Plains), Regional forest officers (Kandy, Knuckles, Nuwara Eliya, Kottawa, Kanneliya) who helped us to conduct fieldwork. S.P.B. thanks to the Department of Wildlife Conservation, Sri Lanka (permit no: WL/3/2/61/18), the Department of Forest Conservation, Sri Lanka (permit no: R&E/RES/ NFSRCM/2019-01 & R&E/RES/NFSRCM/EXTENSION/2020), the Divisional Forest Office, Kandy, Sri Lanka (permit no: K/G/01/06/03) for providing research and collection permits.


text:
Page:Tempest (1918) Yale.djvu/35

24

To see a goodlier man.

Pro. [To Fer.] Come on; obey:

Thy nerves are in their infancy again,

And have no vigour in them.

Fer. So they are:

My spirits, as in a dream, are all bound up.

My father's loss, the weakness which I feel,

The wrack of all my friends, nor this man's threats,

To whom I am subdued, are but light to me,

Might I but through my prison once a day

Behold this maid: all corners else o' th' earth

Let liberty make use of; space enough

Have I in such a prison.

Pro. [Aside.] It works.—[To Fer.] Come on.—

Thou hast done well, fine Ariel!—[To Fer.] Follow me.—

[To Ariel.] Hark, what thou else shalt do me.

Mira. Be of comfort;

My father's of a better nature, sir,

Than he appears by speech: this is unwonted,

Which now came from him.

Pro. Thou shalt be as free

As mountain winds; but then exactly do

All points of my command.

Ari. To the syllable.

Pro. Come, follow.—Speak not for him.

 481 nerves: sinews

title: Page:Tempest (1918) Yale.djvu/35


text: Tempest (1918) Yale/Index

title: Tempest (1918) Yale/Index


text:
Page:Calnetics Corp. v. Volkswagen of America, Inc. (532 F.2d 674).pdf/13

 in Distributor’s purchasing Subsidiary’s units, Calnetics nonetheless may not recover from Distributor for sales lost to an innocent competitor (Delta). The requirement that causation be proved for damages means that Calnetics may not recover on a calculation of lost sales in a given year exceeding sales made by Subsidiary to Distributor in that same year. Thus, for example, damages in 1970 may not be based on lost sales in excess of 2024 units—the number of units Subsidiary sold to Distributor.

VW and Subsidiary make an alternative argument that, even if causation was proved, the evidence of damages was too unreliable and speculative to allow recovery. Except as to the causation problems discussed supra, we believe that a discussion of the adequacy of evidence of damages is premature.

The directed verdict was error. We vacate the judgment based on it, and remand the § 7 claim for a jury trial.

The defendants’ counterclaims had all been predicated on the commission arrangement between Christiansen (Distributor’s service manager) and Calnetics. In entering summary judgment in favor of Calnetics, the court found:

"“* * * That the decision by defendant Volkswagen Pacific, Inc. [the Distributor] to discontinue the promotion of the * * * [Subsidiary] air-conditioning systems was not causally related in any way to the entering into a sales commission agreement between plaintiff and * * * [Christiansen].”"

As was the case with Distributor’s decision to drop Calnetics as a supplier in 1970, the facts surrounding the decision to drop Subsidiary in 1968 are complex and subject to various interpretations. The district court itself was apparently confused by the contradictory claims and conflicting evidence of the opposing parties. It was led into making two totally inconsistent findings as to the causal relationship between the agreement and Calnetics’ sales. The counterclaim finding quoted above cannot be reconciled with finding No. 31, entered on August 1, 1972, when the court dismissed Calnetics’ Sherman Act claims:

"“* * * As a direct and proximate consequence of the agreement between Christiansen and plaintiff and the payments made to Christiansen in accordance with its terms, competitive suppliers of air conditioners for Volkswagen automobiles, including [VW], were excluded during the 1969 model year from selling air conditioners.”"

Considering the trial court’s own difficulty with this important factual dispute and viewing the evidence in a light most favorable to the parties opposing the summary judgment (VW and Subsidiary), we conclude that a genuine issue as to causation exists.

It is undisputed that Christiansen, who was Distributor’s service manager from 1967 to November 1969, entered into a written agreement in the fall of 1968 providing inter alia that his newly-formed company, RWC Sales Corporation, would receive a three percent commission on all sales of Calnetics’ units to Distributor. However, the exact sequence of events in the summer and fall of 1968 and the effect of the commission agreement are not so clearly established in the documents on file that a jury trial is unnecessary. Although credible evidence suggests that the agreement was not consummated until fall, 1968, and not until after the Calnetics order was placed by


text: Tempest (1918) Yale/Notes

title: Tempest (1918) Yale/Notes


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Page:Calnetics Corp. v. Volkswagen of America, Inc. (532 F.2d 674).pdf/14

 Distributor, the evidence is far from conclusive. Christiansen and a Calnetics executive did in fact meet during the summer of 1968, and a reasonable inference, considering the signing of the actual agreement just a few months later, is that the commission agreement was hammered out during the summer.

Further, a genuine fact issue exists as to the date on which Distributor made its decision to order Calnetics’ units for the 1969 model year. If that decision was made prior to the consummation of the Christiansen agreement, a causal gap exists in defendants’ facts. However, a jury might infer that the commission agreement and Distributor’s decision to purchase Calnetics’ products ripened together. And, even if initial 1969 orders were made prior to the Christiansen agreement, a jury might find that Calnetics maintained its position in the volatile air-conditioner market to Subsidiary’s detriment because of the commission agreement.

Subsidiary’s units, like those of the competing brands, were not completely satisfactory to Distributor, and Distributor may have dropped Subsidiary for purely independent business reasons. However, it is for the jury in a plenary trial, not the judge in a summary proceeding, to determine Distributor’s motivation and the sequence of events leading up to Distributor’s decision. For this reason, the counterclaim should not have been dismissed in its entirety. However, another ground does exist which compels partial dismissal.

An issue that may be renewed upon trial was raised by the summary judgment order against VW and Subsidiary. The court held that defendants’ first counterclaim failed to state a claim for relief under §§ 1 and 2 of the Sherman Act. We agree. VW’s and Subsidiary’s claim of commercial bribery, standing alone, does not constitute a violation of the Sherman Act. Sterling Nelson & Sons, Inc. v. Rangen, Inc., 235 F.Supp. 393, 400 (D.Idaho 1964), aff’d on other grounds, 351 F.2d 851 (9th Cir. 1965), ''cert. denied'', 383 U.S. 936, 86 S.Ct. 1067, 15 L.Ed.2d 853 (1966); cf. United States v. Boston & Maine R.R., 380 U.S. 157, 162, 85 S.Ct. 868, 13 L.Ed.2d 728 (1965); Norville v. Globe Oil & Refining Co., 303 F.2d 281, 282–83 (7th Cir. 1962). As the district court stated in Sterling Nelson:

"“The evidence here proves only bribery of an influential state employee which had a detrimental restraining effect upon interstate commerce. This is not the type of misconduct within the purview of the concepts of a combination in restraint of trade or monopoly as used in the Sherman Act * * *. [T]he Sherman Act must be interpreted in the light of well understood common law doctrines relating to monopolies and restraints of trade such as contracts for the restriction or suppression of competition in the market, agreements to fix prices, divide marketing territories, apportion customers, restrict production and the like. Nothing of that kind occurred here. This is a simple case of buying influence, sometimes called commercial bribery * *.” 235 F.Supp. at 400."

VW’s and SubsidiarySubsidiary’s [sic] reliance on the Ninth Circuit opinion in Sterling Nelson for the proposition that antitrust claims may be based on commercial bribery is misplaced. This court decided merely that, according to congressional intent, a claim under § 2(c) of the Clayton Act could be based on commercial bribery. 351 F.2d at 858. The district court holding in Sterling Nelson that Sherman Act claims may not be predicated on commercial bribery was never presented to the Ninth Circuit for review, plaintiffs


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The Tempest miraculous harp. The harp of Amphion, son of Zeus, raised the walls of Thebes by the magic of its music.

Who hath cause. Who for 'which.' 'Your eye hath cause to be wet with grief at your banishment from Claribel.'

at Which end bow. The difficulty here is in finding the subject of 'bow'; it may be 'she'; but is more probably 'end.' The confusion of the passage would be somewhat reduced by dropping the word 'at.' The metaphor of a pair of scales needs no interpretation. The poor soul long weighed the hatred of the proposed match over against her desire to obey her father.

out of her sphere. According to the Ptolemaic astronomy, the moon is a planet, moving in a crystal sphere. The gentlemen are preposterous enough to lift the moon out of her sphere; but she is as inconstant as they, and changes continually.

Go sleep, and hear us. Perhaps, 'go to sleep, and then, if you can, you will hear us laugh'—laugh with delight, i.e., to be rid of such a bore.

how, in stripping it, etc. 'This purpose [of being king] you really cherish at heart, though you pretend to mock at the notion of ever being king; but, by laying the notion bare, i.e., by stripping off all pretence, you will invest it with the more attractiveness.' Sebastian is urged by Antonio to express freely his covert ambition to be king.

Ambition cannot pierce, etc. Any thought of the future which extends beyond the death of Ferdinand will suggest that Sebastian may be the next king. 'When ambition pierces to its furthest wink, there discovery ceases, and the crown is found.' (Furness.)

she that from whom. A specimen of Shakespeare's hurried and tortuous construction: 'from whom' probably means 'in coming home from

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 there having failed to cross-appeal from the dismissal of their Sherman Act claims.

The district court also based its summary dismissal of VW’s counterclaims on the alternative ground that VW could not establish any damages flowing from the alleged Christiansen-Distributor commission agreement. That ruling is amply supported by the unequivocal testimony of VW’s president, J. Stuart Perkins, that VW’s expenses in distributing Subsidiary units would “eat up” any anticipated profit resulting from buying the units at one price and reselling them at a higher price. Because this testimony is undisputed and credible, and because VW has failed to point to any evidence tending to show that a genuine issue exists as to VW’s damages, we affirm the summary judgment as to VW’s counterclaims. However, a genuine issue of material fact remains as to the amount, if any, of Subsidiary’s damages.

The summary judgment in favor of Calnetics on each of VW’s counterclaims is affirmed for lack of proof of injury to VW. The summary judgment in favor of Calnetics on Subsidiary’s counterclaim based on the Sherman Act is affirmed, but the summary judgment in favor of Calnetics on Subsidiary’s other counterclaims is vacated and those claims are remanded for trial.

The district court granted summary judgment against Calnetics on its Sherman Act claims because Calnetics had entered into an illegal commission agreement with Christiansen which resulted in sales by Calnetics to Distributor in 1969. The court held that these sales were inadmissible for the purpose of proving damages. Without the use of the 1969 sales figures, Calnetics was unable to frame a damages study to show anticipated sales for 1970 and 1971.

The district court committed both a factual and a legal error in granting this partial summary judgment. As noted, a genuine issue of material fact exists as to the cause-and-effect relationship between the Christiansen commission agreement and Calnetics’ sales to Distributor during the 1969 model year. More important, the district court erred in ruling that because the 1969 sales resulted from an unlawful agreement they could not be admitted in evidence as a basis for calculating Calnetics’ damages. Admissibility is one thing: weight and probative value another. The evidence may be weakened as to its value, but it is not categorically inadmissible.

Defendants’ challenge to Calnetics’ reliance on the 1969 sales figures is in effect an in pari delicto or “unclean hands” defense, which is not a defense in an action for treble damages. Perma Life Mufflers, Inc. v. International Parts Corp., 392 U.S. 134, 140, 88 S.Ct. 1981, 1985, 20 L.Ed.2d 982, 990 (1968); Kiefer-Stewart Co. v. Joseph E. Seagram & Sons, Inc., 340 U.S. 211, 71 S.Ct. 259, 95 L.Ed. 219 (1951).

The Perma Life rule is firmly based on public policy grounds. As the Supreme Court stated:

“* * * [T]he purposes of the anti-trust laws are best served by insuring that the private action will be an ever-present threat to deter anyone contemplating business behavior in violation of the antitrust laws. The plaintiff who reaps the reward of treble damages may be no less morally reprehensible than the defendant, but the law encourages his suit to further the overriding public


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 in favor of competition. A more fastidious regard for the relative moral worth of the parties would only result in seriously undermining the usefulness of the private action as a bulwark of anti-trust enforcement. And permitting the plaintiff to recover a windfall gain does not encourage continued violations by those in his position since they remain fully subject to civil and criminal penalties for their own illegal conduct.” 392 U.S. at 139, 88 S.Ct. at 1984, 20 L.Ed.2d at 990.

Contending that their defense is not one of in pari delicto or unclean hands, and is thus not barred by Perma Life, defendants argue that they are not challenging Calnetics’ right to bring an antitrust action but merely its reliance on illegal sales for proof of damages. See E. Timberlake, Federal Treble Damage Antitrust Action § 21.10, at 326–28 (1965). Labels, however, are not controlling, and we find no legitimate reason for distinguishing defendants’ “illegal sales” argument from the in pari delicto type of defense struck down in Perma Life.

From a practical point of view, Calnetics is in a position no different from that of the plaintiff in Purex Corp. v. General Foods Corp., 318 F.Supp. 322 (C.D.Cal.1970), who had acquired an antitrust cause of action by virtue of an acquisition which was itself illegal. Recognizing the asserted defense of illegality as a species of in pari delicto, the Purex court rejected it. VW’s and Subsidiary’s defense is also strikingly similar to that rejected by the Tenth Circuit in Semke v. Enid Automobile Dealers Ass’n, 456 F.2d 1361 (10th Cir. 1972). In Semke, the plaintiff, an unlicensed dealer in new cars, brought suit against an automobile dealers’ association for its interference with his business efforts. Citing Perma Life, the court refused to let defendant argue that plaintiff’s whole business operation was illegal because he was in violation of state licensing statutes designed to protect the public from unscrupulous automobile dealers. The plaintiff, the court found, was entitled to prove damages his business suffered, even though at the time of injury plaintiff may have been illegally engaged in the automobile retail business. 456 F.2d at 1370. See also Adolf Coors Co. v. A & S Wholesalers, Inc., 1975-1 CCH Trade Cases ¶ 60,187, at 65,626, 65,631 (D.Colo.1975).

Similarly, if Calnetics proves that defendants unlawfully foreclosed it from the Distributor market in 1970 and 1971, it is entitled to recover damages actually suffered even though the market position from which Calnetics was displaced had been attained only through illegal conduct. To rule otherwise would effectively frustrate the important public policy underlining the antitrust laws: encouragement of private antitrust suits in order to deter the illegal exercise of market power. See Lanier Business Products v. Graymar Co., 355 F.Supp. 524, 526 (D.Md.1973). By allowing Calnetics to base its proof of damages on its 1969 sales, even assuming arguendo their illegality, we are not giving a green light to companies to violate the law against commercial bribery. As stated in Perma Life, antitrust violators “remain fully subject to civil and criminal penalties for their own illegal conduct.” 392 U.S. at 189, 88 S.Ct. at 1984, 20 L.Ed.2d at 990. The fact that Calnetics is itself not immune from liability is underlined by Subsidiary’s counterclaim for damages which, if sustained, will force Calnetics to disgorge any gains shown to be ill-gotten.


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 {| cellpadding="1" style="margin:1em auto;"
 * rowspan="2"| LITTLE BLUE BOOK NO.
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 Copyright, 1

Haldeman-Julius Company


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The essence of Buddhism is non-attachment; the world is an illusion; life here is but a phase of an infinite journey; and man, therefore, should not set his heart upon material things. It is the doctrine of the old Greek philosopher, Heraclitus, who taught that all existence is but a becoming.

"All things which exist in time must perish," says the Buddhist. "The forests, the mountains, all things that exist.

"The sun and moon, Sakra himself, with all the multitude of his attendants, will perish without exception; there is not one that will endure.

"It is different combinations that cause substance; for in Nature there is no uniform and constant principle.

"All component things must grow old. Even unto a grain of sesamum seed there is no such thing as a compound which is permanent. All are transient; all have the inherent quality of dissolution.

The law of karma applies to all. Karma is action, work, the results of deeds. "My action" we read in the Anguttara Nikaya, Pancaka Nipata, "is my possession; my action is my inheritance; my action is the womb which


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4 bears me; my action is the race to which I am akin; my action is my refuge."

Huxley defines karma, as it relates to the processes of evolution: "In the theory of evolution, the tendency of a germ to develop according to a certain specific type, e. g., of the kidney bean seed to grow into a plant having all the characters of Phaseolus vulgaris is its 'karma'. It is 'the last inheritor and the last result' of all the conditions that have affected a line of ancestry which goes back for many millions of years to the time when life first appeared on earth."

The final refuge of all is Nirvana. Nirvana is defined as the "extinction of illusion," the "attainment of truth." This was the state that Buddha attained while still on earth. Buddha said:

"There are two aims which he who has given up the world ought not to follow after—devotion, on the one hand, to those things whose attractions depend upon the passions, a low and pagan ideal, fit only for the worldly-minded, ignoble, unprofitable; and the practice on the other hand of asceticism, which is painful, ignoble, unprofitable. There is a Middle Path discovered by the Tathagata (the Buddha)—a path which opens the eyes, and bestows understanding, which leads to peace, to insight, to the higher wisdom, to Nirvana. Verily! it is this Noble Eightfold Path; that is to say, Right Views, Right Aspirations, Right Speech, Right Conduct, Right Mode of Livelihood, Right Effort, Right Mindfulness, and Right Rapture."


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88 Caliban's meaning, or the word may have its more ordinary signification.

rejoice curfew. The curfew bell marks the beginning of that 'vast of night,' in which fairies and witches may walk abroad and do their supernatural work. At cockcrow they must disappear again.

At this point Prospero draws the curtain concealing the rear stage, and reveals Ferdinand and Miranda playing at chess. Much difficulty has been made of the ensuing conversation between the lovers. It would seem that Ferdinand has just captured a piece from Miranda; whereupon she playfully remarks, 'You play me false.' He gallantly retorts, 'I would not do that for the world,' and she, not to be outdone in generosity, replies, 'You might contend [wrangle] with me for the stake of twenty kingdoms, as we have been contending for this piece; you should win them all, and I would assert it to be fair play.'

badges. 'Household servants usually wore on their arms, as a part of their livery, silver "badges," whereon the shield of their masters was engraved.’' (Furness.)

And deal power. The first 'her' refers to the moon, the second to Sycorax. The witch 'dealt in the command of the moon,' and this was beyond [without] her sphere of authority. She usurped the moon's power.

There is grave doubt whether these verses are Shakespeare's. Prologues and epilogues were often written by another hand than the author's. At the same time, it is necessary to remember that there is no direct evidence for the spuriousness of the passage.

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Rh Buddhism, in its originality, was more philosophical than religious in its character, and therefore did not appeal to the masses; later Buddhism has popularized the teachings so that they are more readily received.

From time to time there appears on earth a Buddha—the Enlightened; such is the teaching of Buddhism; the last historical Buddha being Siddhattha Gotama, born 568 B. C., son of the Sakya chief, Suddodana, and his wife, Maha Maya. As with other great religious teachers, legendary stories of a miraculous character gathered around Gotama—stories remarkably similar to those related of Jesus.

In Kapilavatthu there reigned a Sakya king, a descendant of the Okkakas, who are called Gotama, whose name was Suddhodana. Suddodana had a wife named Maha Maya, beautiful as the water-lily and pure in mind as the lotus. Maha Maya was the Queen of Heaven, living on earth, untainted by desire, honored in her immaculate holiness by her husband. The Spirit of Truth descended upon her; and when she realized that she was about to give birth, she requested to be sent to her parents, which request Suddhodana granted.

Maha Maya, on her journey, came to a beautiful grove, whose trees bore fragrant flowers and in whose branches myriads of birds sang. She left her golden palanquin, and wandered


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 6 through the shady walks, until she came to the great tree Sala, standing in the midst of the grove. Here she felt that her hour had come, and called to her attendants, who hung a curtain from the branches about her.

When the babe was born four angels of Heaven held a golden net to receive it, saying, "Rejoice, O Queen, a mighty son has been born unto thee." An aged woman standing by her side prayed that Heaven should bless the child.

At the birth of the babe all worlds were flooded with light. The blind received their sight at the coming glory of the Lord; the deaf and dumb spoke at the birth of the coming Buddha; the crippled became straight, the lame walked, the prisoners were set free.

The polluted streams became clear, celestial music filled the air, and the spirits of Heaven rejoiced with gladness.

The cries of beasts were hushed; all creatures were touched with love; peace on earth was proclaimed.

Only Mara, the Evil One, refused to rejoice.

The Naga kings came to greet the Buddha, bringing mandara flowers.

Suddhodana pondered over these signs, now filled with joy, now sorely distressed. Maha Maya, beholding her child, became heavy of heart.

In a grove near Lumbini, there dwelt a rishi, leading the life of a hermit, a Brahmin, famed for his wisdom, who came to see the child; and when he saw the babe he wept.


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 Rh "Why has the sight of my son caused thee grief?" asked the king.

But Asita, the hermit, wept for Joy, and not grief, and he said to the king:

"The king, like the moon when full, should feel great joy; for he has begotten a wondrous son. I do not worship Brahma, but I worship this child; and the gods in the temples will descend from their places of honor to adore him. Banish all fear. The child now born will bring deliverance to all the world.

"Knowing that I myself am old, I could not hold back my tears, for now my end is approaching and I shall not see the glory of this babe. For this thy son will rule the world. The sceptre of empire will be his; he will rule the lands of earth; he will become a Buddha; he is born for the sake of all that lives.

"His pure teaching will be like the shore that receives the shipwrecked. His thoughts will be as cool waters; and all who are parched with evil desires may freely drink thereof.

"On the raging fire of covetousness he will cause the clouds of love to rise, that the rain of righteous law may extinguish it; the gates of despair will he open; he will give deliverance to the captives of folly and ignorance. He comes to rescue from the bondage the poor, the desponding, the helpless."

When the king and queen heard the words of Asita, they rejoiced in their hearts, and called the child Siddhattha, that is, "He who has accomplished his purpose."


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 8 Then the queen said to her sister, Pajapati: "A mother who has given birth to a Buddha will never give birth to another child. I shall soon leave this world, my husband, the king, and Siddhattha, my child. When I am gone, be thou a mother to him."

And Pajapati wept and promised.

When the queen departed from the living, Pajapati took Siddhattha and reared him. And, as the light of the moon increases little by little, so the child grew daily in mind and body; and truth and love lived in his heart.

When Siddhattha had grown to young manhood his father desired that he should marry; he therefore commanded all his kinsfolk, the chiefs, to bring their daughters, the princesses, that the prince might choose a wife. But the chiefs replied:

"The prince is young and delicate; also, he is not given to learning. He would not be able to maintain a princess, and should there be war he would not be able to cope with the enemy."

Siddhattha loved to sit under the great jambu-tree in the garden of the palace, and there meditate upon the ways of the world. He said to his father, "Invite our kinsfolk, that they may put a test to my learning;" and his father did as his son bade him.


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 The summary judgments in favor of VW and Subsidiary on the Sherman Act claims are vacated.

In its complaint, Calnetics demanded a jury trial. VW, Subsidiary, and Distributor were entitled to rely on this demand, and were not obliged to make an independent demand with respect to the issues covered by Calnetics’ demand in order to preserve their right to trial by jury under Fed.R.Civ.P. 38. See 5 J. Moore, Federal Practice ¶ 38.39[1], at 312; ¶ 38.45 (2d ed. 1948, as amended 1975).

Trial by jury of Calnetics’ § 7 claim commenced on April 4, 1972, but was interrupted by a directed verdict on the issue of damages at the close of Calnetics’ case. After granting the directed verdict the court dismissed the jury, over objections by VW and Subsidiary. The court then heard evidence on the remaining equitable claims, held that the acquisition of Subsidiary violated § 7 of the Clayton Act, and ordered divestiture.

Calnetics does not directly argue with VW’s and Subsidiary’s contention that, if the directed verdict and other summary dispositions in favor of VW and Subsidiary were erroneous, the defendants are entitled to a jury trial on remand of the entire § 7 claim, but a new trial makes it necessary to decide this point.

The Supreme Court held in Ross v. Bernhard, 396 U.S. 581, 90 S.Ct. 733, 24 L.Ed.2d 729 (1970), that “where equitable and legal claims are joined in the same action, there is a right to jury trial on the legal claims which must not be infringed either by trying the legal issues as incidental to the equitable ones or by a court trial of a common issue existing between the claims * * *.” 396 U.S. at 537–38, 90 S.Ct. at 738, 24 L.Ed.2d at 736. Prior nonjury trial of the equitable claims may infringe the right to jury trial on the legal claims because of the collateral estoppel or res judicata effect of a prior judicial determination of issues common to the two sets of claims. Heyman v. Kline, 456 F.2d 123, 130 (2d Cir.), ''cert. denied'', 409 U.S. 847, 93 S.Ct. 53, 34 L.Ed.2d 88 (1972).

VW and Subsidiary are entitled to a jury determination of the Clayton Act claim for damages; this right may not be infringed by a prior judicial determination of the equitable claim. If the district court’s determination that the acquisition violated § 7, made in the context of a nonjury trial of the equitable claims, were allowed to stand it would bind VW and Subsidiary in subsequent proceedings. Because the damages claim under § 7 remains outstanding as the result of our reversal of the § 7 directed verdict, the prior determination of a § 7 violation would infringe VW’s and Subsidiary’s right to a jury trial of the damages claim. Accordingly, the district court’s judgment holding that the acquisition violated § 7 must be vacated. The entire § 7 claim must be remanded for a jury trial. If, on remand, the jury determines that the acquisition did not violate § 7, that determination will preclude equitable relief. If the jury determines that the acquisition did violate § 7, the trial judge must then go on to decide whether Calnetics is entitled to equitable relief under the standards of § 16 of the Clayton Act, 15 U.S.C. § 26.


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86 whom.' The sentence would be somewhat clearer if 'that' were dropped.

candied be they. 'Let twenty consciences be first congealed and then dissolved, ere they, etc.' (Malone.)

They'll tell the clock. 'They will say anything that we say,' or, figuratively, 'They will agree that it is any hour of the day which we choose to assert that it is.'

I have no long spoon. 'He that eats with the Devil had need of a long spoon.' (Marlowe, Jew of Malta, Act III.) A common saying.

scamels. No one knows what this word means. Perhaps some kind of bird, as the sea-mew, is meant. But the word may very well have been coined by Shakespeare. The attribution of an exact meaning to it could add nothing to the beauty and suggestiveness of the passage.

Most busy lest, when I do it. As famous a crux as any in Shakespeare. Despite the tortuous nature of the passage, the general meaning is clear: 'I am busiest when I am least [lest] occupied; for when I forget my work, I am busied with sweet thoughts (of Miranda), which refresh me for my toil.' 'Forget' is the antecedent of 'it.'

Prosper on the top. A plain reference to Prospero's entry 'above,' on the upper stage, or balcony.

Praise in departing. This may mean, 'Spare your praise till the end of the performance.'

Dew-lapp'd. This has usually been taken to be a reference to the disease of goitre, which enlarges the neck. The explanation, however, is far from satisfactory.

third. Miranda is one 'third' of Prospero's interest in life. The other two thirds are usually taken to be himself and his dukedom.

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The Tempest Enter Iris. At this point begins the masque, acted in honor of the betrothal, by Prospero's spirits. It was once customary to doubt the authenticity of this part of the play; but no good reason has ever been given for assigning it to any other hand than Shakespeare's.

pioned and twilled. Unintelligible words. 'We have simply lost the meanings of words which were perfectly intelligible to Shakespeare's audience.' (Furness.)

Dis. Pluto, who seized Proserpina, daughter of Ceres, as she was gathering flowers, and carried her off to the underworld.

Spring come to you harvest. The wish is that the year may be all spring and summer. The return of spring is to occur, at latest, immediately after harvest.

King Stephen was a worthy peer,

His breeches cost him but a crown,

He held them sixpence all too dear,

Therefore he called the tailor "Lowne.

—Old Ballad.

Cf. Othello, II. iii. 98.

Now is the jerkin under the line. 'Line' probably means 'lime-tree' (cf. V. i. 10). Stephano brushes the jerkin off the tree, on which Ariel had hung it, and proceeds to pun, drunkenly. The 'line' reminds him of the equatorial line, below which one is likely to get a fever, and lose his hair. The jerkin will lose its 'hair' (nap) when Stephano wears it.

barnacles. It is generally assumed that this refers to 'barnacle geese,' that is, to geese said, in folk-lore, to be produced from shellfish which grow on certain trees, and, in their maturity, drop off into the water and hatch into geese. This may be

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 terrible and destroying storm over the town, bearing rain in torrents, and winds that hurled down wall and tower, flung heavy stones into the air, and tore up tall trees and whirled them as though they had been hazel saplings. And all the sky crashed with thunder, and the lightning seemed as if it shot up into the black accursed air from the rocks of the GratGreat [sic] Skirrid and the mighty dome of the Blorenge, and the peak of the Sugar Loaf; and the waters of the Uske and the Gavenny boiled and seethed and streamed out all upon the land. Then did the great bells of the Priory chime out, and the bells of St. John's, and of the Churches of St. Michael and St. Teilo, and the two St. Davids, even till the quires of the mountains were ringing down the storm and matching the voices of the bells with the roaring of the thunder. In this wise they of course got the storm under at last, for no tempest can withstand the chime of bells, if they be rung aright; but everybody wished the wind and lightning had given in a little sooner before half-a-dozen men, a score of beasts, and as many sheep and horses had been struck dead; to say nothing of houses in flames or else quite ruinated. But it was noted that of late years there had been several of these cursed storms at Abergavenny, and some tried to prove that the weather like everything else was getting into a bad predicament and wanted the Holy Father after it. As for Sir Philip, he was in a perturbed state of mind, not wishing to have a prophetess to wife, believing that such personages were well enough in the old time, but now

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text: Narrative of a Journey Through the Upper Provinces of India: From Calcutta to Bombay, 1824-1825, (with Notes Upon Ceylon,) an Account of a Journey to Madras and the Southern Provinces, 1826, and Letters Written in India/Volume III/Correspondence/Letter 33


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 inconvenient, and likely to bring a man into trouble with the Archdeacon and the ecclesiastical courts. Wherefore he pressed his sweetheart strongly to tell him how she came to know anything about futurity, and perceived that his words annoyed her and drew tears into her eyes, and made her lips tremble. So with comforting the poor girl, stroking her soft hair, and kissing away the tears he forgot all about his perplexities, till he was alone again. And then they bothered him worse than before, because he saw that she was afraid to resolve him, the which made Sir Philip suspect that this was a bad business. After such sort a good many interviews were held between them, always with the same beginning and end; and Philip was so strongly bound with love's tendrils that he could not break away; but he got rather thin about the face, and a hogshead of Bordeaux wine lost all but the scent and fragrance of what it had once held. In these days Brother Toricellus the Cellarer would not patiently listen to anyone who affirmed Sir Philip Meyrick of Caerwent to be made of the same stuff as common men. "The times are coming," he would say, "when the Prior, the Sub-Prior, the Canons, and you and I, unworthy brethren and chiefest of sinners, shall drink water; de torrente in via bibemus, for there will soon be no wine left in the casks;" and all the monks grew pale and crossed themselves, for they began to think Sir Philip was a Silenus sent to chastise them for their shortcomings and misdemeanours. But Brother Toricellus, a man without faith, had led them astray, and made them

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Rh

I reside at Table Mountain, and my name is Truthful James;

I am not up to small deceit, or any sinful games;

And I'll tell in simple language what I know about the row

That broke up our Society upon the Stanislow.

But first I would remark, that it is not a proper plan

For any scientific gent to whale his fellow man, And, if a member don't agree with his peculiar whim,

To lay for that same member for to "put a head" on him.

Now, nothing could be finer or more beautiful to see

Than the first six months' proceedings of that same society,

Till Brown of Calaveras brought a lot of fossil bones

That he found within a tunnel near the tenement of Jones.

Then Brown he read a paper, and he reconstructed there,

From those same bones an animal that was extremely rare,


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24 And Jones then asked the chair for a suspension of the rules,

Till he could prove that those same bones was one of his lost mules.

Then Brown he smiled a bitter smile, and said he was at fault;

It seemed he had been trespassing on Jones's family vault;

He was a most sarcastic man, this quiet Mr. Brown,

And on several occasions he had cleaned out the town.

Now, I hold it is not decent for a scientific gent

To say another is an assat least, to all intent;

Nor should the individual who happens to be meant

Reply by heaving rocks at him to any great extent.

Then Abner Dean of Angel's raised a point of orderwhen

A chunk of old red sandstone took him in the abdomen,

And he smiled a kind of sickly smile, and curled up on the floor,

And the subsequent proceedings interested him no more.

For, in less time than I write it, every member did engage

In a warfare with the remnants of a paleozoic age;


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Rh best and safest way, as the work of private persons alone, and although not forbidden, in no degree encouraged by Government. In the meantime, and as an useful auxiliary to the Missionaries, the establishment of elementary schools for the lower classes and for females, is going on to a very great extent, and might be carried to any conceiveable extent to which our pecuniary means would carry us. Nor is there any measure from which I anticipate more speedy benefit than the elevation of the rising generation of females to their natural rank in society, and giving them, (which is all that, in any of our schools, we as yet venture to give,) the lessons of general morality extracted from the Gospel, without any direct religious instruction. These schools, such of them at least as I have any concern with, are carried on without any help from Government. Government has, however, been very liberal in its grants, both to a Society for National Education, and in the institution and support of two Colleges of Hindoo students of riper age, the one at Benares, the other at Calcutta. But I do not think any of these institutions, in the way after which they are at present conducted, likely to do much good. In the elementary schools supported by the former, through a very causeless and ridiculous fear of giving offence to the natives, they have forbidden the use of the Scriptures or any extracts from them, though the moral lessons of the Gospel are read by all Hindoos who can get hold of them, without scruple, and with much attention; and though their exclusion is tantamount


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Rh And the way they heaved those fossils in their anger was a sin,

Till the skull of an old mammoth caved the head of Thompson in.

And this is all I have to say of these improper games,

For I live at Table Mountain, and my name is Truthful James;

And I've told in simple language what I know about the row

That broke up our Society upon the Stanislow.


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26

"Speak, Oh, man, less recent! Fragment fossil! Primal pioneer of pliocene formation, Hid in lowest drifts below the earliest stratum Of volcanic tufa!

"Older than the beasts, the oldest Palæotherium;

Older than the trees, the oldest Cryptogamy; Older than the hills, those infantile eruptions Of earth's epidermis!

"EoMioPliowhatsoe'er the 'cene' was That those vacant sockets filled with awe and wonder

Whether shores Devonian or Silurian beaches Tell us thy strange story!

"Or has the professor slightly antedated By some thousand years thy advent on this planet,

Giving thee an air that's somewhat better fitted For cold-blooded creatures?

"Wert thou true spectator of that mighty forest When above thy head the stately Sigillaria Reared its columned trunks in that remote and distant Carboniferous epoch?


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Rh Of fashion and beauty and money,

That I should be thinking, right there,

Of some one who breasted high water,

And swam the North Fork, and all that,

Just to dance with old Folinsbee's daughter,

The Lily of Poverty Flat.

But goodness! what nonsense I’m writing!

(Mama says my taste still is low),

Instead of my triumphs reciting,

I'm spooning on Josephheigh-ho!

And I’m to be "finished" by travel

Whatever’s the meaning of that

Oh! why did papa strike pay gravel

In drifting on Poverty Flat?

Good-nighthere’s the end of my paper;

Good-nightif the longitude please

For maybe, while wasting my taper,

Your sun’s climbing over the trees.

But know, if you haven’t got riches,

And are poor, dearest Joe, and all that,

That my heart’s somewhere there in the

ditches,

And you’ve struck iton Poverty Flat.


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358 to excluding all moral instruction from their schools, the Hindu sacred writings having nothing of the kind, and, if they had, being shut up from the majority of the people by the double fence of a dead language, and an actual prohibition to read them, as too holy for common eyes or ears. The defects of the latter will appear when I have told you that the actual state of Hindu and Mussulman literature, mutatis mutandis, very nearly resembles what the literature of Europe was before the time of Galileo, Copernicus, and Bacon. The Mussulmans take their logic from Aristotle, filtered through many successive translations and commentaries, and their metaphysical system is professedly derived from Plato, (“Filatoun”). The Hindus have systems not very dissimilar from these, though, I am told, of greater length and more intricacy; but the studies in which they spend most of their time are the acquisition of the Sanskrit, and the endless refinements of its grammar, prosody, and poetry. Both have the same natural philosophy, which is also that of Aristotle in zoology and botany, and Ptolemy in astronomy, for which the Hindus have forsaken their more ancient notions of the seven seas, the six earths, and the flat base of Padalon, supported on the back of a tortoise. By the science which they now possess they are some of them able to foretell an eclipse, or compose an almanac; and many of them derive some little pecuniary advantage from pretensions to judicial astrology. In medicine and chemistry they are just sufficiently advanced to talk of sub-


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Rh stances being moist, dry, hot, &c. in the third or fourth degree; to dissuade from letting blood or physicking on a Tuesday, or under a particular aspect of the heavens, and to be eager in their pursuit of the philosopher’s stone, and the elixir of immortality.

The task of enlightening the studious youth of such a nation would seem to be a tolerably straightforward one. But though, for the college in Calcutta, (not Bishop’s College, remember, but the Sanskrit, or Hindu College,) an expensive set of instruments has been sent out, and it seems intended that the natural sciences should be studied there, the managers of the present institution take care that their boys should have as little time as possible for such pursuits, by requiring from them all, without exception, a laborious study of Sanskrit, and all the useless, and worse than useless, literature of their ancestors. A good deal of this has been charged (and in some little degree charged with justice) against the exclusive attention paid to Greek and logic, till lately, in Oxford. But in Oxford we have never been guilty (since a better system was known in the world at large) of teaching the physics of, however we may have paid an excessive attention to his metaphysics and dialectics.

In Benares, however, I found in the institution supported by Government a professor lecturing on astronomy after the system of and, while one of the most forward boys was at the pains of casting my horoscope; and the majo-


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40 Morn found him on the road again,

To Lousy Level bound;

At Bull’s Tail, and Lick Lizard, too,

Good provender he found.

The country all about Pinch Gut

So beautiful did seem

That the beholder thought it like

A picture in a dream.

But the plantations near Burnt Coat

Were even finer still,

And made the wondering tourist feel

A soft, delicious thrill.

At Tear Shirt, too, the scenery

Most charming did appear,

With Snatch It in the distance far,

And Purgatory near.

But, spite of all these pleasant scenes,

The tourist stoutly swore

That home is brightest, after all,

And travel is a bore.

So back he went to Maine, straightway;

A little wife he took;

And now is making nutmegs at

Moosehicmagunticook.


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MASTERPIECES OF AMERICAN HUMOR five hundred tons had naturally slight respect for the potentialities of sail-boats twelve feet long. But there was to be no further increase of these odd sticksif I may call them so, in no irreverent moodafter those innocent-looking parallel bars indissolubly linked Ports-mouth with the capital of the Commonwealth of Massachusetts. All the conditions were to be changed, the old angles to be pared off, new horizons to be regarded. The individual, as an eccentric individual, was to undergo great modifications. If he were not to become extincta thing little likelyhe was at least to lose his prominence.

However, as I have said, local character, in the sense in which the term is here used, was not instantly killed; it died a lingering death, and passed away so peacefully and silently as not to attract general, or perhaps any notice. This period of gradual dissolution fell during my boyhood. The last of the cocked hats had gone out, and the railway had come in, long before my time; but certain bits of color, certain half-obsolete customs and scraps of the past, were still left over. I was not too late, for example, to catch the last town crier—one Nicholas Newman, whom I used to contemplate with awe, and now recall with a sort of affection.

Nicholas NewmanNicholas was a sobriquet, his real name being Edwardwas a most estimable person, very short, cross-eyed, some-what bow-legged, and with a bell out of all proportion to his stature. I have never since seen a bell of that size disconnected with a


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46 was pretty much "all the company." He used to say, with a drollness which did not strike me until years afterward, "Boys, I and Cap’n Towle is goin’ to trot out 'the Greys' tomorrah." Though strictly honest in all business dealings, his tropical imagination, whenever he strayed into the fenceless fields of autobiography, left much to be desired in the way of accuracy. Compared with Sol Holmes on such occasions, Ananias was a person of morbid integrity. Sol Holmes’s tragic end was in singular contrast with his sunny temperament. One night, long ago, he threw himself from the deck of a Sound steamer, somewhere between Stonington and New York. What led or drove him to the act never transpired.

There are few men who were boys in Portsmouth at the period of which I write but will remember Wibird Penhallow and his sky-blue wheelbarrow. I find it difficult to describe him other than vaguely, possibly because Wibird had no expression whatever in his countenance. With his vacant white face lifted to the clouds, seemingly oblivious of everything, yet going with a sort of Heaven-given instinct straight to his destination, he trundled that rattling wheelbarrow for many a year over Portsmouth cobblestones. He was so unconscious of his environment that sometimes a small boy would pop into the empty wheelbarrow and secure a ride without Wibird arriving at any very clear knowledge of the fact. His employment in life was to deliver groceries and other merchandise to purchasers. This he did in a dreamy, impersonal kind of


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Rh way. It was as if a spirit had somehow got hold of an earthly wheelbarrow and was trundling it quite unconsciously, with no sense of responsibility. One day he appeared at a kitchen door with a two-gallon molasses jug, the top part of which was wanting. It was no longer a jug, but a tureen. When the recipient of the damaged article remonstrated with "Goodness gracious, Wibird! you have broken the jug," his features lighted up, and he seemed immensely relieved. "I thought," he remarked, "I heard somethink crack!"

Wibird Penhallow's heaviest patron was the keeper of a variety store, and the first specimen of a pessimist I ever encountered. He was an excellent specimen. He took exception to everything. He objected to the telegraph, to the railway, to steam in all its applications. Some of his arguments, I recollect, made a deep impression on my mind. "Nowadays," he once observed to me, "if your son or your grandfather drops dead at the other end of creation, you know of it in ten minutes. What’s the use? Unless you are anxious to know he’s dead, you've got just two or three weeks more to be miserable in." He scorned the whole business, and was faithful to his scorn. When he received a telegram, which was rarely, he made a point of keeping it awhile unopened. Through the exercise of this whim he once missed an opportunity of buying certain goods to great advantage. "There!" he exclaimed, "if the telegraph hadn’t been invented, the idiot would have written to me, and I’d have sent a letter by return coach, and got the goods


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360 rity of the school were toiling at Sanskrit grammar. And yet the day before, in the same holy city, I had visited another college, founded lately by a wealthy Hindu banker, and entrusted by him to the management of the Church Missionary Society, in which, besides a grammatical knowledge of the Hindusthanee language, as well as Persian and Arabic, the senior boys could pass a good examination in English grammar, in,  Scientific Dialogues, the use of the globes, and the principal facts and moral precepts of the Gospel, most of them writing beautifully in the Persian and very tolerably in the English character, and excelling most boys I have met with in the accuracy and readiness of their arithmetic. The English officer who is now in charge of the Benares Vidalaya is a clever and candid young man, and under him I look forward to much improvement. . . . . ., a learned native, who has sometimes been called, though I fear without reason, a Christian, remonstrated against this system last year in a paper which he sent me to be put into Lord hands, and which, for its good English, good sense, and forcible arguments, is a real curiosity, as coming from an Asiatic. I have not since been in Calcutta, and know not whether any improvement has occurred in consequence; but from the unbounded attachment to Sanskrit literature displayed by some of those who chiefly manage those affairs, I have no great expectation of the kind. Of the value of the acquirements which so much is sacrificed to


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 Rh When the guests arrived, and the people of the city of Kapilavatthu had assembled to test the prowess and learning of Siddhattha, he proved himself superior in all the exercises of both body and mind; so that there was no rival who could equal him. He replied wisely to the questions of the sages; and when he questioned them, the wisest among them were silent.

Then Siddhattha chose a wife. His choice fell upon his cousin, Yasodhara, the daughter of the King of Koli. To them was born a son whom they named Rahula, meaning a "fetter," or "tie," and Suddhodana the king said:

"The prince has begotten a son, whom I will love as I love the prince. This will be a tie to bind Siddhattha's heart to the interests of the world, and the kingdom of the Sakyas will remain under the sceptre of my descendants."

Unselfish in his aims, loving his child and the people. Siddhattha bathed his body in the Ganges and cleansed his heart in the waters of the law. Even as men desire to give happiness to their children, so did he long to give peace to the world.

The king had given the prince a palace, resplendent with all the luxuries of India. All sorrowful sights, all scenes and knowledge of human misery, were hidden from the prince; for the king wished that no sorrows or evil should be known to him.


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48 before he found out prices had gone up in Chicago. If that boy brings me another of those tapeworm telegraphs, I'll throw an ax-handle at him." His pessimism extended up, or down, to generally recognized canons of orthography. They were all iniquitous. If k-n-i-f-e spelled knife, then, he contended, k-n-i-f-e-s was the plural. Diverting tags, written by his own hand in conformity with this theory, were always attached to articles in his shop-window. He is long since ded, as he himself would have put it, but his phonetic theory appears to have survived him in crank-ish brains here and there. As my discouraging old friend was not exactly a public character, like the town crier or Wibird Penhallow, I have intentionally thrown a veil over his identity. I have, so to speak, dropped into his pouch a grain or two of that magical fern-seed which was supposed by our English ancestors, in Elizabeth’s reign, to possess the quality of rendering a man invisible.

Another person who singularly interested me at this epoch was a person with whom I had never exchanged a word, whose voice I had never heard, but whose face was as familiar to me as every day could make it. For each morning as I went to school, and each afternoon as I returned, I saw this face peering out of a window in the second story of a shambling yellow house situated in Washington Street, not far from the corner of State. Whether some malign disease had fixed him to the chair he sat on, or whether he had lost the use of his legs, or, possibly, had none (the upper part


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 10 But as the chained elephant longs for the wilds of the jungle, so Siddhattha longed to see the world; and he asked his father for permission to do so. Suddhodana complied with his son's request, and ordered a chariot, drawn by four horses, to be in readiness, and commanded that the roads through which the prince would pass should be adorned.

The houses of the city were decorated with curtains and banners, and spectators arranged themselves on either side; and Siddhattha rode with Channa the charioteer through the streets, and into a country watered by rivers and covered with forests.

By the wayside they met an old man with bent body, wrinkled face and heavy brow; and Siddhattha asked Channa, "Who is this? His head is white, his eyes are sunken, his body is withered; he can barely support himself with his staff."

And Channa answered: "These are the marks of old age. This man was once a suckling babe, and then a youth, full of strength; now his youth is gone, and the strength of his body has departed."

Siddhattha meditated upon this strange sight. At length he said: "What joy can men take in life, if they must soon wither and waste away?"

As they passed on, a sick man was seen by the wayside, gasping for breath, and moaning with pain. Siddhattha asked Channa, "What kind of man is this?"

And Channa answered, "This man is sick.


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 At the Washington Conference (1921–1922) steps were taken and agreements were entered into looking toward the revision and adjustment of various of the treaty provisions. Among other things it was agreed that the rates of duty of the Chinese treaty tariff should be increased and that a Commission should be created to examine China's laws, courts, prisons and administration of justice, and to report on facts and make recommendations in relation to the problem of legal jurisdiction in China.

The Special Conference on the Chinese Tariff met in October, 1925, and worked for nine months. It did not succeed in arriving at the agreements necessary to carry out the provisions of the Washington Treaty. The nearest approach to definite action by the Conference was the adoption by the Delegates on November 17, 1925, of a resolution, the substance of which was intended to be incorporated in a treaty, declaring that China should be permitted to enjoy tariff autonomy, putting a national tariff law into effect, in 1929, and that China should abolish the system of levying internal duties upon merchandise in transit. Inasmuch as the treaty has not been negotiated, this resolution has, presumably, no legal standing, but its adoption has had the effect of giving the Chinese the impression that their right to enjoy tariff autonomy has been admitted and affirmed by qualified representatives of the foreign Powers.

In July, 1926, the Tariff Conference adjourned sine die. For months there had been no formal full


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Rh retain I can only judge from translations, and they certainly do not seem to me worth picking out of the rubbish under which they were sinking. Some of the poetry of the Mahabarat I am told is good, and I think a good deal of the Ramayuna pretty. But no work has yet been produced which even pretends to be authentic history. No useful discoveries in science are, I believe, so much as expected; and I have no great sympathy with those students who value a worthless tract merely because it calls itself old, or a language which teaches nothing, for the sake of its copiousness and intricacy. If I were to run wild after oriental learning I should certainly follow that of the Mussulmans, whose histories seem really very much like those of Europe, and whose poetry, so far as I am yet able to judge, has hardly had justice done to it in the ultra flowery translations which have appeared in the West. But after all, I will own that my main quarrel with the institutions which I have noticed, is their needless and systematic exclusion of the Gospels, since they not only do less good than they might have done, but are actually, in my opinion, productive of serious harm, by awakening the dormant jealousy of the native against the schools which pursue a different system.

During my long journey through the northern half of this vast country, I have paid all the attention I could spare to a topic on which bitterly reproves the English for their inattention to, the architectural antiquities of Hindostan. I had myself heard much of these before I set out, and


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 sessions. The delegates of the foreign Powers had stayed on in Peking, in spite of wars which were waged around the capital, while the Government fell, while the Provisional Chief Executive and seven of the original ten Chinese Delegates left,—they had stayed on, hoping that a new treaty might be negotiated. The adjournment came not because the Powers had not wanted and had not tried to carry out and go beyond—far beyond—the provisions of the Washington Treaty; it came because and not until after the Nationalist Government (Canton) and the People's National Army (Feng Yu-hsiang) served notice in the middle of July that they would respect no treaty, no matter what the provisions, entered into by the Peking authorities. Before the adjournment, the delegates of the foreign Powers declared unanimously that they would be glad to go on with the Conference whenever the Chinese Delegates should be in position to resume the negotiations.

The Commission on Extraterritoriality met in January, 1926, pursued its investigations, and produced in the middle of September a report signed by all of the Commissioners. The text of this report was made public in December (1926). In it the Commissioners have given an accurate account of the laws and the administration of justice in contemporary China. They have made suggestions with regard to steps which should be taken both by China and by the foreign Powers to bring about a situation in which it may be safe to abolish the


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 extraterritorial system; also, suggestions with regard to the removal of abuses while the system continues in existence. Among other things, they have pointed out that the new codes have not been put into effect by legally prescribed processes, that some have not been put into effect at all, that some are not yet completed, and that the work of preparing some has not even been begun.

This whole problem of legal reform in China is one which presents great difficulties. Chinese conceptions of law, justice, punishment, etc., differ radically at some points from those of the Occident. Even among nations in the Occident, there are substantial differences. Yet the effort is being made to produce in and for China a body of laws which will meet with the approval of all of the important Treaty Powers. China's new codes are being based principally upon French and German models or Japanese adaptations thereof. The inevitable result has been and will be that the codes contain many provisions which are not an outgrowth of Chinese thought and experience, which are inconsistent with Chinese conceptions, and which will run counter to traditional Chinese habits and practices. If China's new laws satisfy the foreigners, will they be suited to the Chinese? If they are suited to the Chinese, will they satisfy the foreigners? Can there be produced a system of law which, both as to regulations and administration, can be applied equally, with justice and with satisfaction, to the Chinese people and to the nationals of some twenty foreign Powers who reside, travel and do business in China?


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 Thus, notwithstanding the pledges made and the steps which have been taken looking toward their fulfillment, the simple fact remains that up to this moment nothing conclusive has been accomplished in reference to the general program of treaty revision (i.e. in reference to the old commercial and other treaties) for which the Chinese contended at Paris eight years ago.

The Treaty Powers have, however, done much during the past ten years toward giving up special rights and privileges. At Paris, the German and Austrian privileges (except Shantung) were surrendered back to China. At Washington (and immediately after), Shantung was restored; the foreign post-ofices were removed; negotiations were begun for restoration of Weihaiwei; provisions were agreed upon to ensure respect for China's sovereignty and discontinuance of foreign aggressions. Most of the Powers have either given up their rights in or remitted their shares of the Boxer indemnity. At Peking a real effort was made to solve the tariff problem. The Extraterritoriality Commission produced a substantial body of practical suggestions and recommendations. In January 1927 the Mixed Courts at Shanghai were turned over to the Chinese authorities. The foreigners at Shanghai have taken definite steps toward admitting Chinese to participation in the government of the International Settlement.


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 Rh All men are subject to sickness, the poor as well as the rich, the ignorant and the wise. All having bodies may become diseased."

And Siddhattha thought, "How vain are the pleasures of life."

A little further on they met four men carrying a corpse. Siddhattha, beholding for the first time a lifeless body, inquired: "What is this they carry? There are streamers and garlands of flowers, but the men are overwhelmed with grief."

Channa replied: "This is a dead man; life has gone from him; his lips are stilled; those who loved him will bury him."

"Is this the only dead man, or are there others in the world who are dead?"

"All over the world men die," answered Channa. "All who begin life must pass away. There is no escape from death."

At these words Siddhattha exclaimed: "O worldly men! How vain is your delusion! Your body will become dust, yet how thoughtlessly you live your lives!"

Observing the deep impression these sights had made on Siddhattha, Channa drove back to the city. As they passed by the palaces of the nobility, Kisa Gotami, a young princess and niece of the king, seeing Siddhattha, exclaimed:

"Happy the father that begot thee, happy the mother that nursed thee, happy the wife that calls thee husband!"

Hearing this greeting, the prince replied:


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 12 "Happy are they that have found deliverance. Longing for peace, I shall seek the happiness of Nirvana."

And Kisa Gotami asked: "How is Nirvana attained?" And then she went on: "When the fire of lust is overcome, then Nirvana is gained; when the fires of hatred are gone out, then Nirvana is gained; when the troubles and fears of the mind, arising from ignorance and credulity, and evil thoughts have ceased, then Nirvana is gained."

Siddhattha, impressed with her words, gave her his pearl necklace that he was wearing; and when he returned to his home, he looked with disdain upon the treasures of the palace. To his wife he said: "I have seen the law of constant change. Men grow old, sicken and die. Therefore of what avail is pleasure?"

It was night. The prince found no rest. He arose and went into the garden of the palace. "Alas!" he said, "the world is full of darkness and suffering."

Seating himself beneath the great jambu-tree he pondered on life and death. He saw the misery and sorrow in the world; and profound compassion came to his heart. Concentrating his thoughts upon life, evil desires vanished away.


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362 had met with many persons both in Europe, and at Calcutta (where nothing of the kind exists) who spoke of the present natives of India as a degenerate race, whose inability to rear such splendid piles was a proof that these last belong to a remote antiquity. I have seen, however, enough to convince me, both that the Indian masons and architects of the present day only want patrons sufficiently wealthy, or sufficiently zealous, to do all which their ancestors have done; and that there are very few structures here which can, on any satisfactory grounds, be referred to a date so early as the greater part of our own cathedrals. Often in Upper Hindostan, and still more frequently in Rajpootana and Malwah, I have met with new and unfinished shrines, cisterns, and ghats, as beautifully carved, and as well proportioned as the best of those of an earlier date. And though there are many buildings and ruins which exhibit a most venerable appearance, there are several causes in this country which produce this appearance prematurely. In the first instance, we ourselves have a complex impression made on us by the sight of edifices so distant from our own country, and so unlike whatever we have seen there. We multiply, as it were, the geographical and moral distance into the chronological, and can hardly persuade ourselves that we are contemporaries with an object so far removed in every other respect. Besides this, however, the finest masonry in these climates is sorely tried by the alternate influence of a pulverizing sun, and a continued three months’ rain. The wild fig-tree


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


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


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Hodder, John (4)


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


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


text: Index:Narrative of a journey through the upper provinces of India etc. (Volume I.).djvu


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


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


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


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


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


text: Narrative of a Journey Through the Upper Provinces of India: From Calcutta to Bombay, 1824-1825, (with Notes Upon Ceylon,) an Account of a Journey to Madras and the Southern Provinces, 1826, and Letters Written in India


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Hodges, John (4)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Hodges, John (5)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Hodges, John (6)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Hodges, John (7)


text: Alumni Oxonienses: the Members of the University of Oxford, 1500-1714/Hodges, John (8)


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


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


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


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