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# Ante-Nicene Fathers/Volume VIII/Pseudo-Clementine Literature/The Clementine Homilies/Homily III/Chapter 59

Chapter LIX.—Peter’s Resolution to Follow.
Peter, hearing this, on the following night assembled the multitude of hearers; and as soon as they were come together, he said: “While I am going forth to the nations which say that there are many gods, to teach and to preach that God is one, who made heaven and earth, and all things that are in them, in order that they may love Him and be saved, evil has anticipated me, and by the very law of conjunction has sent Simon before me, in order that these men, if they shall cease to say that there are many gods, disowning those upon earth that are called gods, may think that there are many gods in heaven; so that, not feeling the excellency of the monarchy, they may perish with eternal punishment. And what is most dreadful, since true doctrine has incomparable power, he forestalls me with slanders, and persuades them to this, not even at first to receive me; lest he who is the slanderer be convicted of being himself in reality a devil, and the true doctrine be received and believed. Therefore I must quickly catch him up, lest the false accusation, through gaining time, wholly get hold of all men.
# Ante-Nicene Fathers/Volume VIII/Pseudo-Clementine Literature/The Clementine Homilies/Homily III/Chapter 6

Chapter VI.—Purgatory and Hell.
“Such is the nature of the one and only God, who made the world, and who created us, and who has given us all things, that as long as any one is within the limit of piety, and does not blaspheme His Holy Spirit, through His love towards him He brings the soul to Himself by reason of His love towards it. And although it be sinful, it is His nature to save it, after it has been suitably punished for the deeds it hath done. But if any one shall deny Him, or in any other way be guilty of impiety against Him, and then shall repent, he shall be punished indeed for the sins he hath committed against Him, but he shall be saved, because he turned and lived. And perhaps excessive piety and supplication shall even be delivered from punishment, ignorance being admitted as a reason for the pardon of sin after repentance. But those who do not repent shall be destroyed by the punishment of fire, even though in all other things they are most holy. But, as I said, at an appointed time a fifth part, being punished with eternal fire, shall be consumed. For they cannot endure for ever who have been impious against the one God.

## Footnotes

* ↑ The text manifestly corrupt.
* ↑ Perhaps, rather, “the greatest part.”
# Ante-Nicene Fathers/Volume VIII/Pseudo-Clementine Literature/The Clementine Homilies/Homily III/Chapter 62

Chapter LXII.—Obedience Leads to Peace.
“But, further, let the things that are happening before your eyes persuade you; how wars are constantly arising through there being now many kings all over the earth. For each one holds the government of another as a pretext for war. But if one were universal superior, he, having no reason why he should make war, would have perpetual peace. In short, therefore, to those who are thought worthy of eternal life, God appoints one universal King in the world that shall then be, that by means of monarchy there may be unfailing peace. It behoves all, therefore, to follow some one as a leader, honouring him as the image of God; and it behoves the leader to be acquainted with the road that entereth into the holy city.
# Ante-Nicene Fathers/Volume VIII/Pseudo-Clementine Literature/The Clementine Homilies/Homily III/Chapter 65

Chapter LXV.—Nolo Episcopari
“And consider this other thing, that in proportion as there is labour and danger in ruling the Church of Christ, so much greater is the reward. And yet again the greater is also the punishment to him who can, and refuses. I wish, therefore, knowing that you are the best instructed of my attendants, to turn to account those noble powers of judging with which you have been entrusted by the Lord, in order that you may be saluted with the Well done, good and faithful servant, and not be found fault with, and declared liable to punishment, like him who hid the one talent. But if you will not be appointed a good guardian of the Church, point out another in your stead, more learned and more faithful than yourself. But you cannot do this; for you associated with the Lord, and witnessed His marvellous doings, and learned the administration of the Church.
# Ante-Nicene Fathers/Volume VIII/Pseudo-Clementine Literature/The Clementine Homilies/Homily III/Chapter 57

Chapter LVII.—Teaching of Christ.
“But to those who are persuaded that He is evil, as the Scriptures say, He said, ‘Call not me good, for One only is good.’ And again, ‘Be ye good and merciful, as your Father in the heavens, who makes the sun rise on good and evil men, and brings rain upon just and unjust.’ But to those who were misled to imagine many gods, as the Scriptures say, He said, ‘Hear, O Israel; the Lord your God is one Lord.’”

## Footnotes

* ↑ Matt. xix. 17; Mark x. 18; Luke xviii. 19.
* ↑ Matt. v. 44, 45.
* ↑ Mark xii. 29. [Comp. Deut. vi. 4.—R.]
# Ante-Nicene Fathers/Volume VIII/Pseudo-Clementine Literature/The Clementine Homilies/Homily III/Chapter 58

Chapter LVIII.—Flight of Simon.
Therefore Simon, perceiving that Peter was driving him to use the Scriptures as Jesus taught, was unwilling that the discussion should go into the doctrine concerning God, even although Peter had changed the discussion into question and answer, as Simon himself asked. However, the discussion occupied three days. And while the fourth was dawning, he set off darkling as far as Tyre of Phœnicia. And not many days after, some of the precursors came and said to Peter: “Simon is doing great miracles in Tyre, and disturbing many of the people there; and by many slanders he has made you to be hated.”

## Footnotes

* ↑ [The three days’ discussion is detailed in Recognitions, ii. 20–iii. 48; the account here is confined to the first day.—R.]
* ↑ [Comp. Recognitions, iii. 73. The historical incidents of the two narratives vary greatly from this point onward.—R.]
# Association of Westinghouse Salaried Employees v. Westinghouse Electric Corp.

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.

## Concurring Opinion

    Reed

## Dissenting Opinion

    Douglas
United States Supreme Court
348 U.S. 437
Association of Westinghouse Salaried Employees v. Westinghouse Electric Corp.
Argued: Nov. 17 and 18, 1954. --- Decided: March 28, 1955
See 349 U.S. 925, 75 S.Ct. 657.
[Syllabus from 437-438 intentionally omitted]
Mr.David E. Feller, Washington, D.C., for petitioner.
Mr. Mahlon E. Lewis, Pittsburgh, Pa., for respondent.
Mr. Justice FRANKFURTER announced the judgment of the Court and an opinion in which Mr. Justice BURTON and Mr. Justice MINTON join.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Association of Lithuanian Workers v. Brownell/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
355 U.S. 23
Association of Lithuanian Workers v. Brownell
The petition for writ of certiorari is granted. The judgments are vacated and the causes are remanded to the District Court with directions to dismiss the proceedings as moot.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Bacon Sons v. Martin

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
305 U.S. 380
Bacon Sons v. Martin
Argued: Dec. 15, 1938. --- Decided: Jan 3, 1939
Mr. Charles I. Dawson, of Louisville, Ky., for appellant.
The Court declined to hear further argument.
PER CURIAM.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Bacon's Essays/The Table

THE TABLE.
This work was published before January 1, 1929, and is in the public domain worldwide because the author died at least 100 years ago.
Public domainPublic domainfalsefalse
# Bacon Sons v. Martin/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
305 U.S. 380
Bacon Sons v. Martin
Argued: Dec. 15, 1938. --- Decided: Jan 3, 1939
Plaintiff sought judgment declaring invalid a statute imposing a tax on 'the receipt of cosmetics in the State by any Kentucky retailer', as applied to articles purchased from manufacturers and dealers in other States and transported to plaintiff at its place of business in Kentucky. Plaintiff contended that the tax was on 'the act of receiving' and hence was a direct burden upon interstate commerce. The Court of Appeals of Kentucky thus construed the statute:
'The word 'receipt' is not used in a limited sense, but in the sense that it has already been received by the retailer and is now in his use. * * * The word 'receipt' pre supposes that the cosmetics were now in use and after the sale had been consummated.
'* * * It, therefore, follows that the imposition of the tax against the retailer is not on the act of receiving the cosmetics, but on the sale and use thereof, after the retailer has received them, that constitutes the excise tax. When we apply the intended and correct meaning of the word 'receipt' as used in the act, it is conclusive to our minds that the tax of the retailer, referred to, is paid when the articles are in his possession and when the merchant has unlimited control and dominion over the cosmetics'. Martin v. J. Bacon & Sons, 268 Ky. 612, 105 S.W.2d 569, 572.
Adhering to that construction, the state court affirmed the present judgment sustaining the tax. 273 Ky. 389, 116 S.W.2d 963. The plaintiff appeals.
The construction of the statute by the state court is binding upon us. Supreme Lodge, Knights of Pythias v. Meyer, 265 U.S. 30, 32, 33, 44 S.Ct. 432, 433, 68 L.Ed. 885; Hicklin v. Coney, 290 U.S. 169, 172, 54 S.Ct. 142, 144, 78 L.Ed. 247; Hartford Accident & Indemnity Co. v. N. O. Nelson Manufacturing Co., 291 U.S. 352, 358, 54 S.Ct. 392, 394, 78 L.Ed. 840. And in the light of its construction the state court applied the principles declared in our decisions. Monamotor Oil Company v. Johnson, 292 U.S. 86, 93, 54 S.Ct. 575, 578, 78 L.Ed. 1141; Gregg Dyeing Co. v. Query, 286 U.S. 472, 478, 479, 52 S.Ct. 631, 633, 634, 76 L.Ed. 1232, 84 A.L.R. 831; Nashville, C. & St. L. Rwy. Co. v. Wallace, 288 U.S. 249, 265, 266, 53 S.Ct. 345, 349, 77 L.Ed. 730, 87 A.L.R. 1191; Edelman v. Boeing Air Transport, Inc., 289 U.S. 249, 252, 53 S.Ct. 591, 592, 77 L.Ed. 1155.
The appeal is dismissed for the want of a substantial federal question. It is so ordered.
Appeal dismissed.

## Notes

* ↑ Subsection (f) of Section 2 of Chapter 3 of the 1936 Special Budget and Special Revenue Session of the Legislature of Kentucky, 3d Ex.Sess. Carroll's Kentucky Statutes, Baldwin's 1936 Revision, Sections 4281d-1 to 4281d-25.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Bacon et al. v. Hart

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
66 U.S. 38
Bacon et al. v. Hart
Mr. Stanton, of Washington city, for the defendant in error, moved that the writ of error in this case be dismissed for want of a citation.
Mr. Chief Justice TANEY.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Bacon v. Howard

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
61 U.S. 22
Bacon v. Howard
THIS case was an appeal from the District Court of the United States for the district of Texas.
The case is stated in the opinion of the court.
It was argued by Mr. Hale for the appellants, and Mr. Hughes for the appellee.
Mr. Justice GRIER delivered the opinion of the court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Bacon et al. v. Hart/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
66 U.S. 38
Bacon et al. v. Hart
We have looked into this record, and find that the writ of error must be dismissed. The action was in the nature of an ejectment, and brought to recover possession of land. The plaintiff below was William Hart, junior, a citizen of New York, residing at Manilla. His counsel in the cause was William Hart, senior. In March, 1858, judgment was rendered by the court for the plaintiff. In October of the same year a writ of error was sued out, returnable on the first Monday in December next thereafter, and service of the citation was on the 9th of October admitted by William Hart, senior. But this writ of error was not returned during the term to which it was made returnable, and failed, therefore, to bring up the case. A second writ of error was taken by the defendant below in August, 1859, returnable to the ensuing December term of this court. The citation under this latter writ was directed to William Hart, junior, and served according to the marshal's certificate, on Mary Hart, widow and executrix of William Hart, senior, who died after the judgment, and on J. D. Stevenson, his former law partner.
A service of the citation on the attorney or counsel of the proper party is sufficient; but the executrix of the counsel on record was not the counsel of her testator's client. His character and duties as counsel did not devolve on his own personal representative after his death. Nor is Mr. Stevenson to be regarded as the counsel of William Hart, junior, merely because he had been the partner of William Hart, senior. We cannot notice law partnerships or other private relations between members of the bar. This may have been a partnership, solely because it provided for a division of profits, without putting either partner under any responsibility for the suits conducted by the other. The courts can know no counsel in a cause except those who regularly appear as such on the record.
The citation not being served on the party as his counsel, the cause is not brought into this court, agreeably to the act of 1789; and the writ must therefore be dismissed for want of jurisdiction.
Writ of error dismissed.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Ante-Nicene Fathers/Volume VIII/Pseudo-Clementine Literature/The Clementine Homilies/Homily VI/Chapter 23

Chapter XXIII.—The Egyptians Pay Divine Honours to a Man.
“Moreover, among the Egyptians even to the present day, a man is worshipped as a god before his death. And this truly is a small impiety, that the Egyptians give divine honours to a man in his lifetime; but what is of all things most absurd is, that they worship birds and creeping things, and all kinds of beasts.  For the mass of men neither think nor do anything with discretion. But look, I pray you, at what is most disgraceful of all: he who is with them the father of gods and men is said by them to have had intercourse with Leda; and many of them set up in public a painting of this, writing above it the name Zeus. To punish this insult, I could wish that they would paint their own present king in such base embraces as they have dared to do with Zeus, and set it up in public, that from the anger of a temporary monarch, and him a mortal, they might learn to render honour where it is due. This I say to you, not as myself already knowing the true God; but I am happy to say that even if I do not know who is God, I think I at least know clearly what God is.
# Ante-Nicene Fathers/Volume VIII/Pseudo-Clementine Literature/The Clementine Homilies/Homily VI/Chapter 24

Chapter XXIV.—What is Not God.
“And first, then, the four original elements cannot be God, because they have a cause. Nor can that mixing be God, nor that compounding, nor that generating, nor that globe which surrounds the visible universe; nor the dregs which flow together in Hades, nor the water which floats over them; nor the fiery substance, nor the air which extends from it to our earth. For the four elements, if they lay outside one another, could not have been mixed together so as to generate animal life without some great artificer. If they have always been united, even in this case they are fitted together by an artistic mind to what is requisite for the limbs and parts of animals, that they may be able to preserve their respective proportions, may have a clearly defined shape, and that all the inward parts may attain the fitting coherency. In the same way also the positions suitable for each are determined, and that very beautifully, by the artificer mind. To be brief, in all other things which a living creature must have, this great being of the world is in no respect wanting.
# Ante-Nicene Fathers/Volume VIII/Pseudo-Clementine Literature/The Clementine Homilies/Homily VI/Chapter 22

Chapter XXII.—Their Contemporaries, Therefore, Did Not Look on Them as Gods.
“Thus, to right-thinking men, it is clear that they were admitted to be mortals. And their contemporaries, knowing that they were mortal, when they died paid them no more heed; and it was length of time which clothed them with the glory of gods. Nor need you wonder that they who lived in the times of Æsculapius and Hercules were deceived, or the contemporaries of Dionysus or any other of the men of that time, when even Hector in Ilium, and Achilles in the island of Leuce, are worshipped by the inhabitants of those places; and the Opuntines worship Patroclus, and the Rhodians Alexander of Macedon.

## Footnotes

* ↑ [Comp. Recognitions, x. 25, where these facts are also used.—R.]
# Ante-Nicene Fathers/Volume VIII/Pseudo-Clementine Literature/The Clementine Homilies/Homily VI/Chapter 21

Chapter XXI.—Their Graves are Still to Be Seen.
“For instance, as I have mentioned already, in the Caucasian mountains there is shown the tomb of a certain Kronos, a man, and a fierce monarch who slew his children. And the son of this man, called Zeus, became worse than his father; and having by the power of magic been declared ruler of the universe, he committed many adulteries, and inflicted punishment on his father and uncles, and so died; and the Cretans show his tomb. And in Mesopotamia there lie buried a certain Helios at Atir, and a certain Selene at Carrhæ. A certain Hermes, a man, lies buried in Egypt; Ares in Thrace; Aphrodite in Cyprus; Æsculapius in Epidaurus; and the tombs of many other such persons are to be seen.

## Footnotes

* ↑ [Comp. v. 23, and Recognitions, x. 24.—R.]
# Ante-Nicene Fathers/Volume VIII/Pseudo-Clementine Literature/The Clementine Homilies/Homily VI/Chapter 20

Chapter XX.—These Gods Were Really Wicked Magicians.
“Then those who chose to make dishonourable allegories of divine things—as, for instance, that Metis was devoured by Zeus—have fallen into a dilemma, because they did not see that they who in these stories about the gods indirectly taught physics, denied the very existence of the gods, revolving all kinds of gods into mere allegorical representations of the various substances of the universe. And so it is more likely that the gods these persons celebrate were some sort of wicked magicians, who were in reality wicked men, but by magic assumed different shapes, committed adulteries, and took away life, and thus to the men of old who did not understand magic seemed to be gods by the things they did; and the bodies and tombs of these men are to be seen in many towns.
# Ante-Nicene Fathers/Volume VIII/Pseudo-Clementine Literature/The Clementine Homilies/Homily VI/Chapter 17

Chapter XVII.—They are Blameworthy Who Invented Such Stories.
“Now, since these things can be clearly, profitably, and without prejudice to piety, set forth in an open and straightforward manner, I wonder you call those men sensible and wise who concealed them under crooked riddles, and overlaid them with filthy stories, and thus, as if impelled by an evil spirit, deceived almost all men. For either these things are not riddles, but real crimes of the gods, in which case they should not have been exposed to contempt, nor should these their needs have been set before men at all as models; or things falsely attributed to the gods were set forth in an allegory, and then, Appion, they whom you call wise erred, in that, by concealing under unworthy stories things in themselves worthy, they led men to sin, and that not without dishonouring those whom they believed to be gods.

## Footnotes

* ↑ [Compare with the arguments here, Recognitions, x. 35–38.—R.]
# Ante-Nicene Fathers/Volume VIII/Pseudo-Clementine Literature/The Clementine Homilies/Homily VI/Chapter 18

Chapter XVIII.—The Same.
“Wherefore do not suppose that they were wise men, but rather evil spirits, who could cover honourable actions with wicked stories, in order that they who wish to imitate their betters may emulate these deeds of so-called gods, which yesterday in my discourse I spoke so freely of,—namely, their parricides, their murders of their children, their incests of all kinds, their shameless adulteries and countless impurities. The most impious of them are those who wish these stories to be believed, in order that they may not be ashamed when they do the like. If they had been disposed to act reverently, they ought, as I said a little ago, even if the gods really did the things which are sung of them, to have veiled their indecencies under more seemly stories, and not, on the contrary, as you say they did, when the deeds of the gods were honourable, clothed them in wicked and indecent forms, which, even when interpreted, can only be understood by much labour; and when they were understood by some, they indeed got for their much toil the privilege of not being deceived, which they might have had without the toil, while they who were deceived were utterly ruined. (Those, however, who trace the allegories to a more honourable source I do not object to; as, for instance, those who explain one allegory by saying that it was wisdom which sprang from the head of Zeus.) On the whole, it seems to me more probable that wicked men, robbing the gods of their honour, ventured to promulgate these insulting stories.
# Ante-Nicene Fathers/Volume VIII/Pseudo-Clementine Literature/The Clementine Homilies/Homily VI/Chapter 19

Chapter XIX.—None of These Allegories are Consistent.
“Nor do we find the poetical allegory about any of the gods consistent with itself. To go no further than the fashioning of the universe, the poets now say that nature was the first cause of the whole creation, now that it was mind. For, say they, the first moving and mixture of the elements came from nature, but it was the foresight of mind which arranged them in order. Even when they assert that it was nature which fashioned the universe, being unable absolutely to demonstrate this on account of the traces of design in the work, they in weave the foresight of mind in such a way that they are able to entrap even the wisest. But we say to them: If the world arose from self-moved nature, how did it ever take proportion and shape, which cannot come but from a superintending wisdom, and can be comprehended only by knowledge, which alone can trace such things? If, on the other hand, it is by wisdom that all things subsist and maintain order, how can it be that those things arose from self-moved chance?