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# Nicene and Post-Nicene Fathers: Series II/Volume XIII/Gregory the Great/Book XI/Letter 28

Epistle LXII.
To Brunichild, Queen of the Franks.
Gregory to Brunichild, &c.
We render thanks to Almighty God, Who, among all the other gifts of His loving-kindness that He has bestowed upon your Excellency, has so filled you with a love of the Christian religion that whatever you know to pertain to the gain of souls, whatever to the propagation of the faith, you cease not to carry into effect with devout mind and pious zeal. As to the great favour and assistance wherewith your Excellence aided our most reverend brother and fellow-bishop Augustine on his progress to the nation of the Angli, fame had already not been silent; and afterwards certain monks, returning to us from him, gave us a particular account thereof.
And indeed, let others to whom your benefactions are less known wonder at these evidences of your Christianity; for to us who know them by experience they are not a subject of wonder, but of rejoicing, because through what you bestow upon others you delight yourself. Now of what sort and how great are the miracles which our Redeemer has wrought in the conversion of the above-written nation is already known to your Excellency. On which account you ought to have great joy, since the succours afforded by you claim to themselves the larger share herein, it having been through your aid, after God, that the word of preaching became widely known in those parts. For one who aids the good work of another makes it his own. But, that the fruit of your reward may be richer more and more, we beg of you kindly to afford the support of your patronage to the monks, the bearers of these presents, whom we have sent with our most beloved sons, the presbyter Laurentius and the abbot Mellitus, to our aforesaid most reverend brother and fellow-bishop, because of his telling us that those who are with him are not sufficient; and to vouchsafe to stand by them in all things, to the end that, when by the good auspices of your Excellency they shall have had the better success, and shall have found no delays or difficulties in your parts, you may call down the mercy of our God towards you and your most sweet nephews in proportion as you have demeaned yourselves compassionately for the love of Him in causes of this kind.
[(In Collect. Pauli Diac.) Given the tenth day of the Kalends of July, Indiction 4.]

## Footnotes

* ↑ Brunechild was at this time with her grandson Theoderic in the kingdom of Burgundy, having been expelled from Austrasia, according to Greg. Turon, a.d. 599.
# Not On It

The new chum's polo pony was the smartest pony yet -- The owner backed it for the Cup for all that he could get. The books were laying fives to one, in tenners; and you bet He was on it.
The bell was rung, the nags came out their quality to try, The band played, "What Ho! Robbo!" as our hero cantered by, The people in the Leger Stand cried out, "Hi, mister, hi! Are you on it?"
They watched him as the flag went down; his fate is quickly told -- The pony gave a sudden spring, and off the rider rolled. The pony finished first all right, but then our hero bold Was not on it.
This work is in the public domain in Australia because it was created in Australia and the term of copyright has expired. According to Australian Copyright Council - Duration of Copyright, the following works are public domain:
* published non-government works whose author died before January 1, 1955,
* anonymous or pseudonymous works and photographs published before January 1, 1955, and
* government works published more than 50 years ago (before January 1, 1974).
This work is also in the public domain in the United States because it was first published outside the United States (and not published in the U.S. within 30 days), and it was first published before 1989 without complying with U.S. copyright formalities (renewal and/or copyright notice) and it was in the public domain in Australia on the URAA date (January 1, 1996). This is the combined effect of Australia having joined the Berne Convention in 1928, and of 17 USC 104A with its critical date of January 1, 1996.
Because the Australian copyright term in 1996 was 50 years, the critical date for copyright in the United States under the URAA is January 1, 1946.
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# O'Connell v. Manning

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
381 U.S. 277
O'Connell v. Manning
AMERICAN AIRLINES, INC.
v.
Joseph V. MANNING et al.
No. 455. Supreme Court of the United States
May 17, 1965
Martin C. Seham, for Nicholas J. O'Connell and others.
Arthur M. Wisehart, for American Airlines, Inc.
Asher W. Schwartz and Walter N. Kaufman, for respondents.
On Writs of Certiorari to the United States Court of Appeals for the Second Circuit.
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).
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# O'Callahan v. Parker (395 U.S. 258)
## Dissenting Opinion

    Harlan
United States Supreme Court
395 U.S. 258
James F. O'CALLAHAN, Petitioner, v. J. J. PARKER, Warden.
Certiorari to the United States Court of Appeals for the Third Circuit
No. 646. Argued: January 23, 1969. --- Decided: June 2, 1969.
Victor Rabinowitz, New York City, for petitioner.
James van R. Springer, Washington, D.C., for respondent.
Mr. Justice Douglas delivered the opinion of the Court.

## Notes

* Related, 390 F.2d 360., 393 U.S. 822.
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
# O'Callahan v. Parker (393 U.S. 822)/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
393 U.S. 822
James F. O'CALLAHAN, v. J. J. PARKER, Warden.
No. 202.
Motion for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted limited to the first question presented by the petition which reads as follows:
'1. Does a court-martial, held under the Articles of War, Tit. 10, U.S.C. § 801 et seq., have jurisdiction to try a member of the Armed Forces who is charged with commission of a crime cognizable in a civilian court and having no military significance, alleged to have been committed off-post and while on leave, thus depriving him of his constitutional rights to indictment by a grand jury and trial by a petit jury in a civilian court?'
Case transferred to the appellate docket and placed on the summary calendar.

## 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
# O'Connell v. Manning/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
381 U.S. 277
O'Connell v. Manning
The motions of the petitioners to vacate are granted. The judgment of the United States Court of Appeals for the Second Circuit is vacated and the cases are remanded to the United States District Court for the Southern District of New York with directions to dismiss the complaint as moot.
Mr. Justice GOLDBERG took no part in the consideration or decision of these cases.

## 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
# O'Connell v. United States

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
253 U.S. 142
O'Connell v. United States
Argued: April 23 and 26, 1920. --- Decided: May 17, 1920
[Syllabus from pages 142-143 intentionally omitted]
Messrs. Gilbert E. Roe, of New York City, T. C. West and Daniel O'Connell, both of San Francisco, Cal., and Joseph L. Tepper, of Washington, D. C., for plaintiffs in error.
Mr. Assistant Attorney General Stewart, for the United States.
Mr. Justice McREYNOLDS 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
# O'Callahan v. Parker

* Search for titles containing or beginning with: "O'Callahan v. Parker."
* sister projects: Wikidata item.
This is a disambiguation page. It lists works that share the same title. If an article link referred you here, please consider editing it to point directly to the intended page.
* O'Callahan v. Parker (393 U.S. 822)
* O'Callahan v. Parker (395 U.S. 258)
# O'Callahan v. Parker (393 U.S. 822)

United States Supreme Court
393 U.S. 822
James F. O'CALLAHAN, v. J. J. PARKER, Warden.
No. 202.
Victor Rabinowitz and Leonard B. Boudin, for petitioner.
Solicitor General Griswold, for respondent.

## Notes

* Related, 390 F.2d 360., 395 U.S. 258.
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).
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# Nicene and Post-Nicene Fathers: Series II/Volume III/Theodoret/Ecclesiastical History/Book IV/Chapter 22

Chapter XXII.—How Flavianus and Diodorus gathered the church of the orthodox in Antioch.
Now Flavianus and Diodorus, like break-waters, broke the force of the advancing waves. Meletius their shepherd had been constrained to sojourn far away. But these looked after the flock, opposing their own courage and cunning to the wolves, and bestowing due care upon the sheep. Now that they were driven away from under the cliff they fed their flocks by the banks of the neighbouring river. They could not brook, like the captives at Babylon, to hang their harps upon the willows, but they continued to hymn their maker and benefactor in all places of his dominion. But not even in this spot was the meeting of the pious pastors of them that blessed the Lord suffered by the foe to be assembled. So again this pair of excellent shepherds gathered their sheep in the soldiers training ground and there tried to show them their spiritual food in secret. Diodorus, in his wisdom and courage, like a clear and mighty river, watered his own and drowned the blasphemies of his opponents, thinking nothing of the splendour of his birth, and gladly undergoing the sufferings of the faith.
The excellent Flavianus, who was also of the highest rank, thought piety the only nobility, and, like some trainer for the games, anointed the great Diodorus as though he had been an athlete for five contests.
At that time he did not himself preach at the services of the church, but furnished an abundant supply of arguments and scriptural thoughts to preachers, who were thus able to aim their shafts at the blasphemy of Arius, while he as it were handed them the arrows of his intelligence from a quiver. Discoursing alike at home and abroad he easily rent asunder the heretics nets and showed their defences to be mere spiders webs. He was aided in these contests by that Aphraates whose life I have written in my Religious History, and who, preferring the welfare of the sheep to his own rest, abandoned his cell of discipline and retirement, and undertook the hard toil of a shepherd. Having written on these matters in another work I deem it now superfluous to recount the wealth of virtue which he amassed, but one specimen of his good deeds I will proceed now to relate, as specially appropriate to this history.

## Footnotes

* ↑ Cf. ante, ii. 19, page 85.
* ↑ Psalm cxxxvii
* ↑ Psalm ciii. 22
* ↑ cf. “Virtus sola nobilitas.”
* ↑ Diodorus was now a presbyter. Chrysost. (Laus Diodori §4. tom. iii. p. 749) describes how the whole city assembled and were fed by his tongue flowing with milk and honey, themselves meanwhile supplying his necessities with their gifts. Valens retorted with redoubled violence, and anticipated the “noyades” of Carrier at Lyons. cf. Socrates iv. 17 and Dict. Christ. Biog. ii. 529.
* ↑ The five contests of the complete athlete are summed up in the line ἅλμα, ποδωκείην, δίσκον, ἄκοντα, πάλην
* ↑ Relig. Hist. viii.
# Nicene and Post-Nicene Fathers: Series II/Volume III/Theodoret/Ecclesiastical History/Book IV/Chapter 24

Chapter XXIV.—Of the holy monk Julianus.
At this time too the celebrated Julianus, whom I have already mentioned, was forced to leave the desert and come to Antioch, for when the foster children of lies, the facile framers of calumny, I mean of course the Arians, were maintaining that this great man was of their faction, those lights of the truth Flavianus, Diodorus, and Aphraates sent Acacius, an athlete of virtue who afterwards very wisely ruled the church at Berœa, to the famous Julianus with the entreaty that he would take pity on so many thousands of men, and at the same time convict the enemy of lies and confirm the proclamation of the truth. The miracles worked by Julianus on his way to and from Antioch and in that vast city itself are described in my Religious History, which is easily accessible to all who wish to become acquainted with them. But I am sure that no one who has enquired into human nature will doubt that he attracted all the population of the city to our assembly, for the extraordinary is generally sure to draw all men after it. The fact of his having wrought great marvels is attested even by the enemies of the truth.
Before this time in the reign of Constantius the great Antonius had acted in the same way in Alexandria, for he abandoned the desert and went up and down that city, telling all men that Athanasius was the preacher of the true doctrine and that the Arian faction were enemies of the truth. So those godly men knew how to adapt themselves to each particular opportunity, when to remain inactive, and at rest, and when to leave the deserts for towns.

## Footnotes

* ↑ A monk of Gindarus near Antioch (Theod. Vit. Pat. ii.) afterward envoy from the Syrian churches to Rome, and Bishop of Berœa, (Aleppo) a.d. 378. He was at Constantinople in 381, (cf. v. 8.) and is famous for his opposition to Chrysostom.
* ↑ Julianus Sabas (i.e. Abba) an ascetic solitary of Osrhoëne, the district south of the modern Harran. He is the second of the saints of Theodoret’s “Religious History,” where we read that he lived on millet bread, which he ate once a week, and performed various miracles, which are recorded by Theodoret on the authority of Acacius.
* ↑ Antonius, St. Anthony, the illustrious and illiterate ascetic, friend and correspondent of Constantine (Soc. i. 13), the centre of many wild legends, was born in 250 a.d. in upper Egypt. Athanasius calls him the “founder of Asceticism.” In 335 he revisited Alexandria to oppose the Arians, as narrated in the text. He died in his cell in 355, bequeathing his “hair shirt. his two woollen tunics, and his bed, among Amathas and Macarius who watched his last hours, Serapion, and Athanasius.” Vide Ath. Vit. S. Ant.
# Nicene and Post-Nicene Fathers: Series II/Volume III/Theodoret/Ecclesiastical History/Book IV/Chapter 2

Chapter II.—Of the return of Athanasius.
Delighted with these words the emperor undertook for the future to take counsel for the safety of the state, and how to bring home the army without loss from the campaign. He was in no need of much deliberation, but at once reaped the fruit sprung from the seeds of true religion, for the God of all gave proof of His own providence, and caused all difficulty to disappear. No sooner had the Persian sovereign been made acquainted with Jovian’s accession than he sent envoys to treat for peace; nay more, he despatched provisions for the troops and gave directions for the establishment of a market for them in the desert. A truce was concluded for thirty years, and the army brought home in safety from the war. The first edict of the emperor on setting foot upon his own territory was one recalling the bishops from their exile, and announcing the restoration of the churches to the congregations who had held inviolate the confession of Nicæa. He further sent a despatch to Athanasius, the famous champion of these doctrines, beseeching that a letter might be written to him containing exact teaching on matters of religion. Athanasius summoned the most learned bishops to meet him, and wrote back exhorting the emperor to hold fast the faith delivered at Nicæa, as being in harmony with apostolic teaching. Anxious to benefit all who may meet with it I here subjoin the letter.

## Footnotes

* ↑ The terms were in fact humiliating, “pacem cum Sapore necessariam quidem sed ignobilem fecit; multatus finibus, ac nonnulla imperii Romani parte tradita: quod ante eum annis mille centum et duobus de viginti fere ex quo Romanum imperium conditum erat, nunquam accidit.” Eut. brev x. 17.
* ↑ “Gibbon (Chap. xxv) sneers at Athanasius for assuring Jovian ‘that his orthodox faith would be rewarded with a long and peaceful reign,’ and remarks that after his death this charge was omitted from some mss., referring to Valesius on the passage of Theodoret, and Jortin’s Remarks, iv. p. 38. But the expression is not that of a prophet who stakes his credit on the truth of his prediction, but little more than a pious reflection, of the nature of a wish.” Bp. J. Wordsworth, Dict. Christ. Biog. iii. 463. n. Jortin says “the good bishop’s μαντική failed him sadly; and the emperor reigned only one year, and died in the flower of his age.” The note of Valesius will be found below.
# Nicene and Post-Nicene Fathers: Series II/Volume III/Theodoret/Ecclesiastical History/Book IV/Chapter 21

Chapter XXI
At Constantinople the Arians filled a boat with pious presbyters and drove her without ballast out to sea, putting some of their own men on another craft with orders to set the presbyters boat on fire. So, fighting at the same time against both sea and flames, at last they were delivered to the deep, and won the martyrs crown.
At Antioch Valens spent a considerable time, and gave complete license to all who, under cover of the Christian name, pagans, Jews and the rest, preached doctrines contrary to those of the gospel. The slaves of this error even went so far as to perform pagan rites, and thus the deceitful fire which, after Julian, had been quenched by Jovian, was now rekindled by permission of Valens. The rites of Jews, of Dionysus, and of Demeter were now no longer performed in a corner, as they would be in a pious reign, but by revellers running wild in the forum. Valens was a foe to none but them that held the apostolic doctrine. First he drove them from their churches, the illustrious Jovian having given them also the new built church. And when they assembled close up to the mountain cliff to honour their Master in hymns, and enjoy the word of God, putting up with all the assaults of the weather, now of rain, now of snow and cold, and now of violent heat, they were not even suffered this poor protection, and troops were sent to scatter them far and wide.
# Nicene and Post-Nicene Fathers: Series II/Volume III/Theodoret/Ecclesiastical History/Book IV/Chapter 17

Chapter XVII.—Of the death of the great Athanasius and the election of Petrus.
At Alexandria, Athanasius the victorious, after all his struggles, each rewarded with a crown, received release from his labours and passed away to the life which knows no toil. Then Peter, a right excellent man, received the see. His blessed predecessor had first selected him, and every suffrage alike of the clergy and of men of rank and office concurred, and all the people strove to show their delight by their acclamations. He had shared the heavy labours of Athanasius; at home and abroad he had been ever at his side, and with him had undergone manifold perils. Wherefore the bishops of the neighbourhood hastened to meet; and those who dwelt in schools of ascetic discipline left them and joined the company, and all joined in begging that Peter might be chosen to succeed to the patriarchal chair of Athanasius.

## Footnotes

* ↑ “The discussions about the year of his death may be considered as practically closed; the Festal Index, although its chronology is sometimes faulty, confirming the date of 373, given in the Maffeian fragment. The exact day, we may believe, was Thursday, May 2, on which day of the month Athanasius is venerated in the Western Church. He had sat on the Alexandrian throne forty-six complete years. He died tranquilly in his own house.” Canon Bright in Dict. Christ. Biog. S.V.
# Nicene and Post-Nicene Fathers: Series II/Volume III/Theodoret/Ecclesiastical History/Book IV/Chapter 23

Chapter XXIII.—Of the holy monk Aphraates.
On the north of the river Orontes lies the palace. On the South a vast two storied portico is built on the city wall with lofty towers on either side. Between the palace and the river lies a public way open to passengers from the town, through the gate in this quarter, and leading to the country in the suburbs. The godly Aphraates was once passing along this thoroughfare on his way to the soldiers’ training ground, in order to perform the duty of serving his flock. The emperor happened to be looking down from a gallery in the palace, and saw him going by wearing a cloak of undressed goat’s skin, and walking rapidly, though of advanced age. On its being remarked that this was Aphraates to whom all the town was then attached, the emperor cried out “Where are you going? Tell us.” Readily and cleverly he answered “To pray for your empire.” “You had better stop at home” said the emperor “and pray alone like a monk.” “Yes,” said the divine man, “so I was bound to do and so I always did till now, as long as the Saviour’s sheep were at peace; but now that they are grievously disturbed and in great peril of being caught by beasts, I needs must leave no means untried to save the nurslings. For tell me, sir, had I been a girl sitting in my chamber, and looking after the house, and had seen a flash of flame fall and my father’s house on fire, what ought I to do? Tell me; sit within and never mind the house being on fire, and wait for the flame to approach? or bid my bower good bye and run up and down and get water and try to quench the flame? Of course you will say the latter, for so a quick and spirited girl would do. And that is what I am doing now, sir. You have set fire to our Father’s house and we are running about in the endeavour to put it out.” So said Aphraates, and the emperor threatened him and said no more. One of the grooms of the imperial bedchamber, who threatened the godly man somewhat more violently, met with the following fate. He was entrusted with the charge of the bath, and immediately after this conversation he came down to get it ready for the emperor. On entering he lost his wits, stepped into the boiling water before it was mixed with the cold, and so met his end. The emperor sat waiting for him to announce that the bath was ready for him to enter, and after a considerable time had gone by he sent other officers to report the cause of the delay. After they had gone in and looked all about the room they discovered the chamberlain slain by the heat, and lying dead in the boiling water. On this becoming known to the emperor they perceived the force of the prayers of Aphraates. Nevertheless they did not depart from the impious doctrines but hardened their heart like Pharaoh, and the infatuated emperor, though made aware of the miracle of the holy man, persisted in his mad rage against piety.

## Footnotes

* ↑ The word Sisura was used for a common upper garment, but according to the grammarian Tzetzes (Schol. Ad. Lyc. 634) its accurate meaning is the one given in the text.