Tag Archives: law

30 May: Hospitality towards Barn Owls.

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At Trotton Place lived Arthur Edward Knox, whose Ornithological Rambles in Sussex, published in 1849, is one of the few books worthy to stand beside White’s Natural History of Selborne.+ In Sussex, as elsewhere, the fowler* has prevailed, and although rare birds are still occasionally to be seen, they now visit the country only by accident, and leave it as soon as may be, thankful to have a whole skin.

Guns were active enough in Knox’s time, but to read his book to-day is to be translated to a new land:

“I have the satisfaction of exercising the rites of hospitality towards a pair of barn owls, which have for some time taken up their quarters in one of the attic roofs of the ancient, ivy-covered house in which I reside. I delight in listening to the prolonged snoring of the young when I ascend the old oak stairs to the neighbourhood of their nursery, and in hearing the shriek of the parent birds on the calm summer nights as they pass to and fro near my window; for it assures me that they are still safe; and as I know that at least a qualified protection is afforded them elsewhere, and that even their arch-enemy the gamekeeper is beginning reluctantly, but gradually, to acquiesce in the general belief of their innocence and utility, I cannot help indulging the hope that this bird will eventually meet with that general encouragement and protection to which its eminent services so richly entitle it.”

There is a benevolently naive verbosity about some writers of Edwardian times, as we British count the XX Century before the Great War. This passage is from “Highways and Byways in Sussex” by E. V. Lucas, 1904, but of course the story from Knox is older still. I hope both men would appreciate today’s general good will and legal protection towards birds and the scientific study of them, but they both could tell us something of what has been lost in the years since then; although most birds are now legally protected, we should be less complacent; where are the cuckoos, martins and swallows we expected to see and hear thirty, even twenty years ago?

+ See White on Worms, 20 May, and search elsewhere in the blog.

* Fowler: someone who hunts and shoots birds (even rare ones).



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22 May: Delight in Creation.

 
Pied Beauty 
 
Glory be to God for dappled things—
  For skies of couple-colour as a brinded cow;
      For rose-moles all in stipple upon trout that swim:
Fresh-firecoal chestnut-falls; finches’ wings;
  Landscape plotted and pieced—fold, fallow, and plough;
    And àll tràdes, their gear and tackle and trim.
All things counter, original, spare, strange;
  Whatever is fickle, freckled (who knows how?)
      With swift, slow; sweet, sour; adazzle, dim;
He fathers-forth whose beauty is past change:
                  Praise him.”
 
Gerard Manley Hopkins

A strange choice of picture, perhaps, in Maytime, but Hopkins counted fallen chestnuts among the glorious dappled creation of God. Not a bad meditation to prepare for Pentecost. Or we could listen to Wisdom, describing her part in Creation – Wisdom being an attribute of the Holy Spirit, the first Gift of the Holy Spirit. It is wise to be humble and delight in creation and to play before God at all times. Even in a city centre we can appreciate skies of coupled colour!

The depths were not as yet, and I was already conceived. neither had the fountains of waters as yet sprung out: The mountains with their huge bulk had not as yet been established: before the hills I was brought forth: He had not yet made the earth, nor the rivers, nor the poles of the world. When he prepared the heavens, I was present: when with a certain law and compass he enclosed the depths: When he established the sky above, and poised the fountains of waters: When he compassed the sea with its bounds, and set a law to the waters that they should not pass their limits: when be balanced the foundations of the earth; I was with him forming all things: and was delighted every day, playing before him at all times; Playing in the world: and my delights were to be with the children of men.

Proverbs 8:24-31

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24 April: To make his Father known

Christ the King in Holy Week and Easter, Strasbourg Cathedral.

The events of Holy Week are shown with the Crucified at the centre, full of vigour as he stares death out. Above, the Risen Lord leads his first parents into Paradise, above that again the Ascension.

We have received the link to this Easter reflection by our old friend, Brother Austin, a link we gladly share.


Jesus understood his mission to be, to make his Father known; not by talking about him, but by being himself with other people, his Father’s Son – and that still remains the mission of the Church – go out and spread the Good News – what it means to be beloved of Abba, share your experience, not your knowledge, of who Jesus, the beloved of Abba, is for you.

At this time there were no defined doctrines, creeds or codes – so what were they expected to do when they were told to go out and spread the Good News? Was it to teach and preach? It was something much simpler and much more profound – they were asked to go and share what it was like to live with Jesus, after the Resurrection – share their experiences of being with him.

The Resurrection brought new insights – something Jesus had before his Passion and death; when he told them you do not understand now but you will… He spoke of God in an entirely new way, one which proved threatening to the Guardians of the Law, to Temple worship, Sabbath observances and ritual prescriptions. The last straw was calling God his father. The disciples after Good Friday, must have thought, maybe the authorities were right after all, that Jesus was not from God. Death was final, and put an end to dissent.

Two of them were walking to Emmaus with hopes shattered [we had hoped]. His death seemed to vindicate that Jesus must have been a sinner for this to happen –he who hangs on a tree is cursed – Deuteronomy 21.23; Galatians 3.13. But when he rose from the dead and appeared to them the whole system leading to his death is called into question. Jesus had been right; God is the way Jesus spoke of God; nothing like the description of his accusers. The reasons for getting rid of him were part of the sinful mechanism of getting rid of troublesome people – with nothing whatever to do with God. This leads to questioning the Law as not reflecting the true God. The Resurrection did not simply reveal Jesus’ innocence, not only was he right about God; it exposed the mechanism by which innocent victims are created by those who believe that in doing so they are doing God’s will.


It is true that the Law was given by God – but the interpretations of it are of human origin; and so, for example, keeping the Sabbath holy, came to mean observing all the restrictions imposed – not by God. The point of Sabbath is so as to enjoy the wonderful things God is doing through creation.


We can now imagine the innocence of the victim and see the complicity in violence of the perpetrators. If we see things as the disciples first did, feeling uncomfortable that Jesus may not have been up to what he promised – and then see him back, how would we talk about it? Our stories have beginnings and endings, and, so they had thought, did Jesus’ story – but now: how do we tell a story that has no ending? They tried telling this story which had no room for death – death happens to everyone – and they didn’t know how to do it.

Resurrection has now burst into our storytelling. They couldn’t tell the story in the old way, the new way they were inspired with we call the New Testament. It was not a question of eliminating death, but showing how death has its part in the story, but not as the ending. Jesus did not appear as someone who had been dead and is now better – like Lazarus. The risen Jesus is simultaneously dead and alive – as the five wounds testify – death as lost its power. He is at once dead and alive. His whole life, including death is present in its fullness. He has conquered death, not just for himself, but for all who share common humanity with him; death and its whole system by which all were held in fear, is not necessary. Whatever death is, and it happens to all of us, it is not what dictates or shapes the pattern of life. It is an empty shell, a bark without a bite. We will die, but death cannot separate us from the source of the fullness of life.

Because each one of us is unique [God doesn’t create copies], every sharing will reflect what is ours only, and wouldn’t happen without us – differences [not division] unity without uniformity – which we are able to do by sharing in his Spirit freely given in our Baptism.

AMC

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9 February: Injustice can be brought about by law.

There has been much complaint about ‘one law for us, another for them’ during the course of the pandemic. Nothing new about that, of course. Blaise Pascal identified the problem a century before Doctor Johnson. It’s easy to see how similar assertions about being born in the wrong place at the wrong time could be used to justify slavery.

In the letter of the law injustice can come in. The pleasantries of the elders who have everything: my friend, since you were born on this side of the mountain, it’s right that your elder brother should have everything.

Pensees, 9.

But as Johnson said, you cannot argue with avarice – or unregulated capitalism. We just have to learn to live life simply, without unnecessary stuff, as to an extent we have had to these last months. As we come out of the infection and the danger of covid19, we could think more carefully about what we are buying, in particular about the costs of production in terms of human and environmental justice and peace.

Pope Gregory’s answer was not to argue with the slavers but to send Augustine to convert the English, including, no doubt, those men prepared to kidnap children and sell them on as slaves. But today we all need to convert ourselves from destroying our sisters and brothers, and destroying our common home, through what we buy. It’s not a task we’ll succeed in when life revolves around mobile phones that depend on exploited labour to extract the ores to produce the precious metals that power them. But we can do something if we reflect upon it.

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6 February: No man is by nature the property of another

Portrait believed to be of Francis Barber, Dr Johnson’s servant.

More from Lichfield’s Doctor Johnson who was against slavery all his life, when it was a matter for debate, as we shall see tomorrow. Johnson had great regard for his servant, Francis Barber, born into slavery in Jamaica. ‘Frank’ was his heir, and the descendants of his marriage to a white Lichfield woman are proud of their ancestor. Here Johnson is setting forth an argument, based upon natural law, to support another slave who was claiming freedom in the Scottish courts.

It must be agreed that in most ages many countries have had part of their inhabitants in a state of slavery; yet it may be doubted whether slavery can ever be supposed the natural condition of man. It is impossible not to conceive that men in their original state were equal; and very difficult to imagine how one would be subjected to another but by violent compulsion. An individual may, indeed, forfeit his liberty by a crime; but he cannot by that crime forfeit the liberty of his children.

What is true of a criminal seems true likewise of a captive. A man may accept life from a conquering enemy on condition of perpetual servitude; but it is very doubtful whether he can entail that servitude on his descendants; for no man can stipulate without commission for another. The condition which he himself accepts, his son or grandson perhaps would have rejected.

If we should admit, what perhaps may with more reason be denied, that there are certain relations between man and man which may make slavery necessary and just, yet it can never be proved that he who is now suing for his freedom ever stood in any of those relations. He is certainly subject by no law, but that of violence, to his present master; who pretends no claim to his obedience, but that he bought him from a merchant of slaves, whose right to sell him never was examined. It is said that, according to the constitutions of Jamaica, he was legally enslaved; these constitutions are merely positive; and apparently injurious to the rights of mankind, because whoever is exposed to sale is condemned to slavery without appeal; by whatever fraud or violence he might have been originally brought into the merchant’s power.

In our own time Princes have been sold, by wretches to whose care they were entrusted, that they might have an European education; but when once they were brought to a market in the plantations, little would avail either their dignity or their wrongs. The laws of Jamaica afford a Negro no redress. His colour is considered as a sufficient testimony against him.

It is to be lamented that moral right should ever give way to political convenience. But if temptations of interest are sometimes too strong for human virtue, let us at least retain a virtue where there is no temptation to quit it. In the present case there is apparent right on one side, and no convenience on the other. Inhabitants of this island can neither gain riches nor power by taking away the liberty of any part of the human species.

The sum of the argument is this:—No man is by nature the property of another: The defendant is, therefore, by nature free: The rights of nature must be some way forfeited before they can be justly taken away: That the defendant has by any act forfeited the rights of nature we require to be proved; and if no proof of such forfeiture can be given, we doubt not but the justice of the court will declare him free.

from “Life of Johnson by James Boswell.

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Going Viral LII: A hidden gem.

Another briefing from Revd Jo Richards, who welcomed Bishop Rose to Saint Mildred’s Canterbury for All Saints. Bishop Rose looks after Canterbury diocese on behalf of Archbishop Justin Welby. Photo by Tim. More change to worship is coming.

Good Morning to you all on this All Soul’s Day, another damp autumnal morning.
It was a delight however yesterday to welcome Bishop Rose to St Mildred’s for our All Saints’ Day Eucharist, which you can watch here. It was a lovely service and thank you to all those who worked so hard behind the scenes to make it all happen so smoothly, a very memorable day, a hidden gem as Bishop Rose called it – and literally as it took her a while to find it!

From what we understand, following the Prime Minister’s announcement on Saturday night, places of worship will once again close on Thursday 5th November, with the exemption of funerals, individual prayers and to broadcast acts of worship. Further details will be coming out this week from CofE, as to what exactly this means, but our initial thinking is that we will live-stream a Sunday Eucharist from St Dunstan’s at 10.00. As before this will be on Facebook Live, and uploaded to YouTube. If we go down this route it would be really good to have pre-recorded readings and intercessions, and may well have pre-recorded hymns ie – what we did from the Rectory, but in St Dunstan’s – please watch this space!


Meanwhile, today being All Souls Day, thoughts for all those who remember loved ones today. From Exciting Holiness: “Since its foundation, Christians have recognised that the church, the assembled people of God, is at its most perfect when it recognises its unity in God’s redeeming love with all who have said, who say now,  and who will say in the fullness of time ‘Jesus is Lord'”.

God Bless you all, and do keep safe, keep praying and keep connected

Rev Jo Richards Rector of the Benefice of St Dunstan, St Mildred and St Peter, Canterbury

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10 September: Wesley on Slavery, X; legal arguments against slavery

Wesley turns to the scholar of English Common Law,    Sir William Blackstone.

I cannot place this in a clearer light than that great ornament of his profession, Judge Blackstone, has already done. Part of his words are as follows: —    “The three origins of the right of slavery assigned by Justinian, are all built upon false foundations:

(1.) Slavery is said to arise from captivity in war. The conqueror having a right to the life of his captives, if he spares that, has then a right to deal with them as he pleases. But this is untrue, if taken generally, — that, by the laws of nations, a man has a right to kill his enemy. He has only a right to kill him in particular cases, in cases of absolute necessity for self-defence. And it is plain, this absolute necessity did not subsist, since he did not kill him, but made him prisoner. War itself is justifiable only on principles of self-preservation: Therefore it gives us no right over prisoners, but to hinder their hurting us by confining them. Much less can it give a right to torture, or kill, or even to enslave an enemy when the war is over. Since therefore the right of making our prisoners slaves, depends on a supposed right of slaughter, that foundation failing, the consequence which is drawn from it must fail likewise.    “It is said, Secondly, slavery may begin by one man’s selling himself to another.

And it is true, a man may sell himself to work for another; but he cannot sell himself to be a slave, as above defined. Every sale implies an equivalent given to the seller, in lieu of what he transfers to the buyer. But what equivalent can be given for life or liberty? His property likewise, with the very price which he seems to receive, devolves ipso facto to his master, the instant he becomes his slave: In this case, therefore, the buyer gives nothing, and the seller receives nothing. Of what validity then can a sale be, which destroys the very principle upon which all sales are founded?   

“We are told, Thirdly, that men may be born slaves, by being the children of slaves. But this, being built upon the two former rights, must fall together with them. If neither captivity nor contract can, by the plain law of nature and reason, reduce the parent to a state of slavery, much less can they reduce the offspring.” It clearly follows, that all slavery is as irreconcilable to justice as to mercy.

That slave-holding is utterly inconsistent with mercy, is almost too plain to need a proof. Indeed, it is said, “that these Negroes being prisoners of war, our captains and factors buy them, merely to save them from being put to death. And is not this mercy?” I answer,

(1.) Did Sir John Hawkins, and many others, seize upon men, women, and children, who were at peace in their own fields or houses, merely to save them from death?

(2.) Was it to save them from death, that they knocked out the brains of those they could not bring away?

(3.) Who occasioned and fomented those wars, wherein these poor creatures were taken prisoners? Who excited them by money, by drink, by every possible means, to fall upon one another? Was it not themselves? They know in their own conscience it was, if they have any conscience left.

But, (4.) To bring the matter to a short issue, can they say before God, that they ever took a single voyage, or bought a single Negro, from this motive? They cannot; they well know, to get money, not to save lives, was the whole and sole spring of their motions.

Sir William Blackstone was a judge and scholar of English Common Law. Image in public domain, via Wikipedia.

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9 September: Wesley on Slavery IX:an Angolan has the same rights …

Slave ship from a XIX Century Methodist history

Wesley now appeals to the Natural Law, beloved of Catholic moral theology, as opposed to human law.

The grand plea is, “They are authorized by law.” But can law, human law, change the nature of things? Can it turn darkness into light, or evil into good? By no means. Notwithstanding ten thousand laws, right is right, and wrong is wrong still. There must still remain an essential difference between justice and injustice, cruelty and mercy. So that I still ask, Who can reconcile this treatment of the Negroes, first and last, with either mercy or justice?

   Where is the justice of inflicting the severest evils on those that have done us no wrong? of depriving those that never injured us in word or deed, of every comfort of life? of tearing them from their native country, and depriving them of liberty itself, to which an Angolan has the same natural right as an Englishman, and on which he sets as high a value? Yea, where is the justice of taking away the lives of innocent, inoffensive men; murdering thousands of them in their own land, by the hands of their own countrymen; many thousands, year after year, on shipboard, and then casting them like dung into the sea; and tens of thousands in that cruel slavery to which they are so unjustly reduced?

But waving, for the present, all other considerations, I strike at the root of this complicated villainy; I absolutely deny all slave-holding to be consistent with any degree of natural justice.

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8 September: Wesley upon Slavery VIII, Bad Laws enable slavery

Wesley now exposes the lie behind the claim that slavery is legal so therefore is not wrong.

In order to rivet the chain of slavery, the law of Virginia ordains: “That no slave shall be set free upon any pretence whatever, except for some meritorious services, to be adjudged and allowed by the Governor and Council; and that where any slave shall be set free by his owner, otherwise than is herein directed, the Churchwardens of the parish, wherein such Negro shall reside for the space of one month, are hereby authorized and required to take up and sell the said Negro by public outcry.”

   The law of Jamaica ordains: “Every slave that shall run away, and continue absent from his master twelve months, shall be deemed rebellious.” And by another law, fifty pounds are allowed to those who kill or bring in alive a rebellious slave. So their law treats these poor men with as little ceremony and consideration, as if they were merely brute beasts! But the innocent blood which is shed in consequence of such a detestable law, must call for vengeance on the murderous abettors and actors of such deliberate wickedness.

But the law of Barbadoes exceeds even this: “If any Negro under punishment, by his master, or his order, for running away, or any other crime or misdemeanor, shall suffer in life or member, no person whatsoever shall be liable to any fine therefore. But if any man, of wantonness, or only of bloody-mindedness, or cruel intention, wilfully kill a Negro of his own,” (now, observe the severe punishment!) “he shall pay into the public treasury fifteen pounds sterling! and not be liable to any other punishment or forfeiture for the same!”

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28 June, Intergalactic Exploration XXXIX: the real thing.

T wished Greta a good evening and went to round up the parrot hunters. Before he knew it he was face-to-face with a rather overweight police sergeant who was walking sedately through the park. T saw the official look descend over the lawman’s face and felt sure the doglets were being a nuisance to some poor creature. He recognised the sergeant, a former pupil of his friend Will Turnstone, so seized the initiative.

‘Callum, good to see you. How’s life in the force? Am I allowed to stand and chat with you?’‘

Callum had heard that conversational gambit more than a few times. ‘Come on Mr T, you should have those creatures under control. That woman in the red coat says they were chasing squirrels.’

‘And did they ever catch one? They just keep the squirrel population in training.’‘ Well, she can see I’ve had a word with you, but call them in, please.’

T called the boys in English and flashed his urgent call in Ossyrian telepathy. ‘If you don’t want to end up in the stray dogs’ home, you’d best get over here.’ They came.

‘Thanks Mr T,’ said the sergeant. ‘Beware of little old ladies who bring peanuts for the squirrels. She knows she shouldn’t do it but there’s no arguing with her. Good bye and enjoy your walk!’

They watched him plod on. ‘If you two are having fun, can you not keep half an eye out for trouble?’ T complained.

‘We minded your bag while you were in the pool. You should keep watch for us when we are chasing squirrels.’

T felt there was something lacking in Ajax’s logic, but the exhilaration in their bearing suggested that they had gained as much from their noisy run around as he had from his quiet swim. Such joys were available virtually in Ossyria, but he had to admit that the earthly cool water and warm air were the real thing, the home version of total immersion now seemed somewhat lacking. True, Superstud Doggynutz were a poor substitute for the crunchy squirrel thighs the chihuahuas craved, but who has everything? Ossyrians were so sure that they did, but they could learn from crazy generous humans any day.

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