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ADJUSTMENT-AD LIBITUM.

[graphic]

several creditors. See INSOLVENCY.

The distinction between bankruptcy and insolv: ency has for some time been generally disapproved in England; and it may now be held as practically abolished. The Insolvent Debtors Court is abolished, and its jurisdiction transferred to the Bankruptcy Court. Insolvent persons can now be adjudged bankrupts in every case in which their creditors wish that, or the court think it proper.

In the law of Scotland, A. signifies a process by which creditors may attach heritable or real property of their debtors. It applies to real estate in its most extensive signification, including not only feudal rights, but all rights or interests affecting or connected with land, such as bonds and mortgages, as also annuities, and all rights having a tract of future time,' life-interests, reversions, rights of lease, offices of dignity or jurisdiction, personal rights to lands, a certain class of personal bonds, rights of patronage, stock of any chartered bank, with, where the process of arrestment (the process, in the Scotch law, for attaching personal estate; see ARRESTMENT) is excluded, the husband's right in his wife's real estate, fair, harbour, and ferry duties, entailed estates during the life of the heir, and the like.

The arrangements for the equitable administration of this law are regulated by various orders of the Scotch courts and by different statutes.

There are various other forms of the A. in the Scotch law, one of the most important and useful of which is called the A.-in-implement, a form of legal proceeding devised for the completion of defective titles to landed property.

ADJUSTMENT, in the Law of Insurance, is the ascertaining the exact amount of indemnity which the party insured is entitled to receive under the policy, and fixing the proportion of the loss to be borne by each underwriter. The nature and amount of damage being ascertained, an endorsement is made on the back of the policy, declaring the proportion of loss falling on each underwriter; and on this endorsement being signed by the latter, the loss is said to have been adjusted. After an A. has been made, it is usual for the underwriter at once to pay the loss. As a question of law, however, it does not appear to have been decided how far the A. is conclusive and binding upon the underwriters. In the opinion of some mercantile lawyers, the A. is merely presumptive evidence against an insurer, and it is, notwithstanding, open to the underwriter to shew facts which, if proved, would have the effect of relieving him from liability.

A'DJUTANT, as the derivation of the word implies (adjuvare, to help), is the title of an officer who assists the commanding-officer of a garrison or regiment in all the details of duty. He receives orders, and promulgates them to the several

very long legs; in its erect attitude, it is about five feet high; its extended wings measure fourteen or fifteen feet from tip to tip; its head and neck are nearly bare; a sausage-like pouch hangs from the under part of the neck; the bill is of enormous size. It is very voracious, swallows a cat or a leg of mutton quite readily, and is of great use in devouring snakes, lizards, and all sorts of offal. It sometimes catches birds upon the wing. The beautiful Marabou feathers are obtained from the under side of the wings of this bird, and of another very similar species which inhabits Senegal.

AD LI'BITUM (in Ital., a piacere, or a piacimento) is a musical term which implies that the part so marked may be performed according to the taste of the performer, and not necessarily in strict time. When there is an accompaniment to the music thus marked, it must strictly follow the ad libitum time of the principal performer. Sometimes the words, colla parte, meaning with the leading part, are written over the accompanying parts. Ad Libitum also frequently means, that a part for a particular instrument or instruments, in instrumental scores or pianoforte arrangements, may either be played or entirely left out; thus: 'Overture arranged for the pianoforte as a duet,

ADMINISTRATION-ADMIRALTY COURT.

with ad libitum accompaniments for the violin, flute, or violoncello.'

known as Admirals (or Vice or Rear-admirals) of the Red, of the White, and of the Blue, respectively. ADMINISTRATION, in Politics, in its widest The flag hoisted by the admiral (thence called a flagsense, is equivalent to the executive government officer) agreed in colour with his section; and all of a state, as distinguished from its permanent the ships under his command carried ensign and constitution, and embraces not only the political pendant of the same hue; but the distinction was ministry, but all the offices of judicature, &c. In otherwise without practical effect, and is now abola more restricted sense, as used in England, it designates the Privy Council (q. v.), and more especially that select committee of it known as the Cabinet or Ministry (q. v.).

ADMINISTRATION and ADMINISTRATOR. An administrator, in the law of England, is the person to whom, in default of an executor named in the will, the ordinary or bishop of the diocese commits the administration or distribution of the estate of a person dying intestate.

ADMINISTRATION OF CHARITIES falls

in the last resort to the sovereign as parens patriæ;
and in the case of any charity being dilapidated or
abused, the attorney-general will file an information
in the Court of Chancery. The A. of C. is now,
however, chiefly regulated by 16 and 17 Vict. c. 137,
by which the crown is empowered to appoint com-
missioners and inspectors for the purpose. The act
contains a reservation of the rights of the Church
of England; and it does not extend to the universi-
ties, or to such charities as are partially dependent
on voluntary contributions. Charities for Roman
Catholic purposes were also excluded from its
tion for two years, and this term has been extended
by subsequent enactments.

opera.

ADMINISTRATOR-IN-LAW. In the Scotch law, a father is A.-in-L. for his children, and as such, is their guardian during minority. This power in the father ceases by the child's discontinuing to reside with him, unless he continues to live at the father's expense; and in the case of daughters, it ceases on their marriage.

ished. Admiral of the Fleet is a higher rank, conferred at the will of the sovereign. The rates of full or sea pay of flag-officers are as follow: Admiral of the fleet, per day, £6; admiral, £5; vice-admiral, £4; rear-admiral, £3. An admiral commanding-inchief receives £3 a day additional at home, and £4, 10s. abroad, as table-money, when his flag is flying within the limits of his station. By an order in council, 1870, the number of flag-officers in the British navy was reduced to 50: viz. 3 admirals of the fleet, 7 admirals, 15 vice-admirals, and 25 rearadmirals. The number of admirals on 'reserved halfpay' and 'retired' amounted in 1873 to 159. The admiral of the fleet takes rank with a field-marshal, admirals with generals, vice-admirals with lieutenant-generals, and rear-admirals with major-generals.

ADMIRALTY COURT. This court, the

The

object of which is to try and decide maritime causes, is said by Sir Henry Spelman and Lambard to have been first erected by Edward III. Till recently, the Instance Court and the Prize Court; and these maritime courts of England were divided into the courts were in reality separate tribunals. The same judge usually presided in both, but his authority to hear and decide questions as to prizes of war was the commencement of each war; and the court itself under a special and separate commission, issued at existed only during the war, or until the litigations to which it had given rise were brought to a conclusion. Court, which was a permanent institution. In this respect it differed from the Instance jurisdiction in question of booty of war, and the distribution thereof, has now, however, been conferred A'DMIRAL, the title of the highest rank of naval on the A. C. itself, and the Prize Court and its officers. The word is generally supposed to have jurisdiction and practice were regulated by 27 and been derived from the Arabic Emir or Amir, a lord 28 Vict. c. 25. By another statute, jurisdiction or chief (Amir-al-Mumenim, Commander of the relating to the attack and capture of pirates is Faithful; Amir-al-Omra, Commander of the vested in the A. C. in this country, and in the viceForces'). Thus the early English form was Amiral A. courts abroad (13 and 14 Vict. c. 26, 27). or Ammiral (occurring once in Par. Lost); and so Whilst there was a Lord High Admiral, the judge it is still preserved in French. In Spanish the word of the A. C. usually presided in virtue of a patent is Admirante or Almirante; in Italian, Ammiraglio. from him; but since the office has been intrusted The term seems to have been introduced into to commissioners, the judge holds a direct commisEurope during the Crusades, and to have been sion from the crown under the great seal. By 3 first used in a definite sense by the Sicilians, and and 4 Vict. c. 65, s. 1, the Dean of the Arches is afterwards by the Genoese. About the end of the authorised to sit for the judge of the A. C., in 13th c. it came into use in France and England. certain cases; and all barristers and solicitors The first English Admiral of the Seas (Amiral were admitted in 1859 to practise in both courts. de la Mer du Roy d'Angleterre) of whom there is The proceedings of the A. C., like those in the record was William de Leybourne, 1286. His office, ecclesiastical courts, were originally based on the however, was not that of a commander, but civil law, and upon this account it was usually held embraced those general and extensive powers after- at Doctors' Commons. But it is merely as the basis wards associated with the title of Lord High of the earlier mercantile codes, such as the Rhodian Admiral of England; that is, both the admini- laws and those of Oleron, and by no means exclustrative functions now vested in the Lords Commissively, that the civil law is of authority in these sioners of the Admiralty (five in number), and the courts. Questions of the utmost nicety in the law judicial authority belonging to the present High of nations fall to be decided by maritime courts in Court of Admiralty. The office of Lord High time of war; and it was as an A. judge that many Admiral was last filled by H.R.H. the Duke of of the most remarkable of Lord Stowell's famous

Clarence, afterwards William IV. It had pre-judgments were pronounced. The appeal from the viously been in commission from 1708 to 1827. On A. C., which was originally to the king in Chancery, his resignation in 1828, the office was again put in and afterwards to certain commissioners of appeals, commission. See ADMIRALTY, COURT OF. consisting chiefly of the privy council, and not of In the British navy, the admirals are distinguished judges delegated by that body, is now to the court into three classes: Admirals, Vice-admirals, and of appeal created by the Judicature Act of 1873Rear-admirals; the admiral carrying his colour at 1875. The jurisdiction of the vice-A. courts in the the main, the vice-admiral at the fore, and the rear-colonies and foreign dominions of the queen has been admiral at the mizzen mast-head. In former times, extended and defined, and their procedure regulated each grade was subdivided into three sections, by statutes of recent date. Appeals from these courts

46

ADMIRALTY DROITS-ADOPTIAN CONTROVERSY.

was celebrated with peculiar pomp at Alexandria. Connected therewith were the Gardens of A., as they were called. Before the festival, wheat, fennel, and lettuce were sown in earthen, and even in silver

Adonis.

formerly lay to the A. C. in England, and were also competent to the queen in council; but like those from the A. C. itself, they are now carried to the Court of Appeal, like all other matters. The civil jurisdiction of the A. Courts was greatly extended by 3 and 4 Vict. c. 66, and later statutes to 27 and 28 Vict. c. 25. It now extends generally (and the county courts also exercise part of it) to disputes between part-owners of a ship, suits for mariners' and officers' wages, suits for pilotage, suits on bottomry and respondentia bonds, and relating to salvage, wreck, collision of ships, &c. County courts are expressly prohibited from entertaining questions of prize, questions arising under the act for the suppression of the slave-trade, or questions of A. jurisdiction by way of appeal. In criminal matters, the A. C. formerly took cognisance of piracy and other offences on the sea, or on the coasts beyond the limits of any county, and, con- pots, and forced by heat; intended to indicate, currently with the common law courts, of certain doubtless, by their brief bloom, the transitoriness felonies committed in the main stream of great of earthly joy. The myths connected with A. belong rivers below the bridges. The criminal jurisdiction originally to the east. They display a worship of the A. is regulated now by the Criminal Law of the powers of nature conjoined with that of the Consolidation Acts generally. All offences menheavenly bodies, and A. himself appears to be the tioned in those acts committed within the juris- god of the solar year. The similarity of the name diction of the A. shall be dealt with, inquired of, to the Phoenician Adon, which signified 'lord,' is tried, and determined in any county or place in unmistakable; and this word Adon was specially England or Ireland in which the offender shall be applied to the king of heaven, the sun. In referin custody, in the same manner in all respects as if ence to the brilliant beauty ascribed to A., a beautiful man is called 'an Adonis.' they had been actually committed in that county or place. Since the passing of these enactments, the criminal jurisdiction of the A. C. may be regarded Ranunculaceae (q. v.), as obsolete. There is a separate Court of A. in in which the flower Ireland. The A. C. of Scotland has been abolished, has 5 sepals and 5-10 and its ordinary jurisdiction transferred to the petals without scales Court of Session, the Court of Justiciary, and the at the base, and the sheriffs; questions of prizes, captures, condemna- fruit consists of awntions, and the like, being vested exclusively in the less pericarps. High Court of A. in England.

ADMIRALTY DROITS are a portion of the hereditary revenues of the crown, arising from enemies' ships detained in the prospect of a declaration of war, or coming into port in ignorance of the commencement of hostilities, or from such ships as are taken by non-commissioned captors, the proceeds of wrecks, the goods of pirates, and the like. The proceeds of the Droits of A. are now paid into the Exchequer for the public use.

ADMIRALTY ISLAND lies on the N.W. coast of N. America, between 57° 2′ and 58° 24' lat. N., and 134° 52′ and 135° 30′ long. W. It is about 80 miles long, well wooded and watered. It is inhabited, and belongs to the United States.

ADMIRALTY ISLANDS, a group of about 40 islands, to the N.E. of New Guinea, between 2° and 3 lat. S., and 146° 18′ and 147° 46' long. E. They were discovered by the Dutch in 1616. The largest is about 50 miles long from E. to W. They abound in cocoa-nut trees, and are inhabited by a race of tawny frizzle-headed savages.

ADO'NIS, a mythical personage, whose beauty as a child so attracted the love of Venus and Proserpine, that they quarrelled about the possession of him. Jupiter, appealed to, settled the dispute by deciding that A. should spend part of the year with Venus, and part with Proserpine, so that he lived eight months of the year in the upper world, and four in the under. A. was afterwards killed by a boar while hunting, and Venus, coming too late to his rescue, changed his blood into flowers. -A yearly festival was celebrated in honour of A., and consisted of two parts-a mourning for his departure to the under world, and a rejoicing for his return to Venus. This festival, widely spread among the countries bordering on the Mediterranean,

ADONIS, a genus of plants of the natural order

The species are all herbaceous-some of them annual and some perennial. Several are natives of Europe, but only one, A. autumPheasant's Eye, is a nalis, sometimes called

Adonis autumnalis.

doubtful native of
Britain. Its bright
scarlet petals have obtained for it the name of Flos
Adonis, their colour having been fancifully ascribed
to their being stained with the blood of Adonis. It
is a well-known ornament of our gardens; in which
also A. aestivalis frequently appears, and A. vernalis,
a perennial species common upon the lower hills of
the middle and south of Germany, with early and
beautiful flowers.

ADO'PTIAN CONTROVERSY, The, was an echo of the Arian controversy, and originated about the end of the 8th c. in Spain, the country in which the doctrine of Arius had longest held out. Elipandus, Archbishop of Toledo, and Felix, the learned Bishop of Urgel, advanced the opinion that Christ, in respect of his divine nature, was doubtless by nature and generation the Son of God; but that as to his human nature, he must be considered as only declared and adopted, through the divine grace, to be the first-born Son of God (Rom. viii. 29), just as all holy men are to be adopted as sons of God, although in a less lofty sense. The flame of controversy thus kindled, spread into the Frankish empire, the special domain of 'Catholic' Christianity, and gave occasion to two synods, one held at Ratisbon (792), and another at Frankfort (794), in which Charlemagne took part in person, and which condemned Adoptianism as heresy. The Catholic doctrine of the unity of the two natures of

ADOPTION-ADRIATIC SEA.

waters in its course of 200 miles the department Gers, and the fertile part of the department Landes, and enters the Atlantic below Bayonne. It receives several tributaries, and is navigable to the extent of 80 miles. Bagnères-de-Bigorre, celebrated for its hot baths, is situated on the A.

Christ in one divine person, and the consequent malet, in the department of the Upper Pyrenees, impossibility of there being a twofold Son-an original and an adopted-was upheld by Alcuin and the other learned men of Charlemagne's court. At a subsequent synod at Aix-la-Chapelle, Felix, yielding to compulsion, recanted his opinions, without, as it would seem, being convinced. Elipandus adhered fanatically to his views, which were, in after-times, defended by Folmar (1160), Duns Scotus (d. 1308), Durandus (d. 1322), the Jesuit Vasquez (1606), and the Protestant divine Calixtus (1643).

A'DRIA, in the province of Rovigo, Northern Italy, is situated between the river Po and the Adigé, contains about 15,000 inhabitants, and is chiefly remarkable as being one of the oldest cities ADOPTION (Lat. adoptio). A legal institution in Europe. According to tradition, it was founded In the time of the of much importance in both of the classical nations by the Pelasgi, 1376 B. C. of antiquity. A., in the stricter sense, in the Roman Romans, A. was one of the most frequented harlaw, applied only to the case in which a person in bours in the Adriatic Sea; but by the continual the power of his father or grandfather was transferred deposition of alluvium on the east coast of Italy, to that of the person adopting him. Where the it has been gradually separated from the sea, from person adopted was already emancipated from the which it is now almost ten miles distant. It still paternal power (patria potestas), and was regarded retains several interesting remains of Etruscan and by the law as his own master (sui juris), the pro-Roman antiquity; but its wine, formerly so celeceeding was called adrogation (adrogatio)." A., how-brated, is now deplorably bad. ever, was also used as a generic term comprehending A'DRIAN, the name of six popes, none of them the two species; and in Greece, where there was very remarkable. A. IV. was by birth an Engnothing corresponding to the paternal power of the lishman, the only one of that nation that ever Romans, this distinction did not obtain. At Athens, sat in the papal chair. His name was Nicolas the adopted child was transferred from his own family Breakspeare. He was a native of Langley, near and parish or tribe (demos), into those of the adoptive St Albans, became first a lay-brother or servant father, whose property he inherited in the absence in the monastery of St Rufus, near Avignon, and of legitimate children, and whose sacred rights he in 1137 was elected abbot. His zeal for strict was bound to maintain. Only Athenian citizens discipline raised a combination to defame his charcould be adopted, so that not only the next of kin, acter, and he had to appear before Eugenius III. but the whole community were interested in prevent at Rome. Here he not only cleared himself of all ing fraudulent adoptions. With this view, registra- charges, but acquired the esteem of the pope, who tion in the demus of the adoptive father was requisite, appointed him cardinal-bishop of Albano in 1146. in order to entitle the son to the rights of citizenship On the death of Anastasius in 1154, he was raised as a member of it. In Rome, the adopted child to the papal see. A. was at first on friendly assumed the name, and became bound to discharge terms with the Emperor Frederic I.; but his high the religious duties, of the adoptive father, which notions of the papal supremacy, which he carried as usually consisted in sacrifices to the penates or other far as even Gregory VII., led to the beginning of divinities. These observances were for the most that long contest of the popes against the house of part connected with the gens or tribe to which the Hohenstaufen, which ended in the destruction of individual and his family belonged; and Savigny the dynasty. He was about to excommunicate has even denied the existence of sacra peculiar to Frederic, when he died at Anagni, 1159. It was the family. A. was effected under the authority of in A.'s time that the doctrine of Transubstantiaa magistrate, the prætor at Rome, or the governor tion (q. v.), advanced by Petrus Lombardus, was (præses) in the provinces. Adrogation originally established. required a vote of the people in the Comitia Curiata; but under the emperors, it became the practice to effect it by an imperial rescript. A patrician was sometimes adrogated into a plebeian family for political purposes. Clodius, the enemy of Cicero, was so adrogated, in order that he might be eligible to a tribuneship of the people. If a father, having children in his power, was adopted, both he and his children passed into the power of the adoptive father. It was requisite that the adoptive father should have no children at the time, and no reasonable prospect of having any. He was also required to be older than the person adopted. Females could not be adrogated, nor, from their not sharing in the paternal power, could they adopt in any form. An opposite rule has prevailed where the institution has been received in modern times. A. was unknown to the law of the Teutonic nations; and though most of the states of the continent have borrowed it from the Roman law, it has never existed as an institution either in England or Scotland. The patrimonial benefits of A. may, however, be conferred by deed; and there is no illegality in any one assuming the name, arms, and other distinguishing characteristics, and corresponding responsibilities, of a person who does not belong to his family. In France, A. is recognised only in a very modified form (Code Civil,

art. 343, et seq.).

ADOU'R, a river in France, rises near Tour

A'DRIANOPLE, the second city in the Turkish empire, was founded by the Emperor Hadrian on the left bank of the navigable river Hebrus (now Maritza). Here the sultans ruled from 1366 to 1453, when Constantinople was made the capital. The city has now about 90,000 inhabitants, the half of whom are Turks. Two palaces, forty mosques, twenty-four public schools, twenty-two baths, and the numerous gardens laid out on the banks of the Maritza, may be named as the principal features of A. Its trade consists in opium, oil of roses, with silk and other manufactures.-The Russian-Turkish war was here concluded, September 19, 1829, by the Peace of A., which left the Porte in possession of Wallachia, Moldavia, and the conquests made by Russia in Bulgaria and Roumelia. On the other side, Russia got possession of the whole of the coast of the Black Sea, from the mouth of the Kuban, in lat. 45° 15', to the haven of St Nichola, lat. 42°, with the territories of the Caucasus, and the greater part of the pachalic of Akalzik. This Peace of A. served greatly to confirm the power of Russia in Eastern Europe and in Western Asia.

ADRIATIC SEA, a large arm of the sea, the east coast of Italy and the west coast of the extending, in a north-westerly direction, between opposite continent, being connected with the Ionian Sea by the Strait of Otranto. In the north, it forms

ADULE-ADVENT.

the Gulf of Venice, and in the north-east, the Gulf
of Trieste; while, on the Italian side, it forms the
bays of Ravenna and Tremiti, and the narrower
and deeper Gulf of Manfredonia. On the other
side, the coasts of Illyria, Croatia, Dalmatia, and
Albania are steep, rocky, and barren, and begirt with
a chain of almost innumerable small rocky islands.
The chief bay in this side is that of Quarnero, lying
south of the peninsula of Istria. The most consider-
able rivers flowing into the A. S. are the Adigé
and the Po, which are continually depositing soil
on the coast, so that places once on the shore are
now inland.
The extreme saltness of the A. is
probably owing to the comparatively small quan-
tity of fresh water poured into it by rivers. Navi-
gation in the A. is safe and pleasant in summer,
but in winter the north-west gales are formidable,
on account of the rocky and dangerous coasts on
the east. Trieste, Ancona, and Sinigaglia are the
chief places of commerce.

ADU'LÉ, an ancient town on the Red Sea, was the port of Axum, and is noticed chiefly on account of an inscription, of some importance relative to the ancient geography of those regions, the Monumentum Adulitanum, first published, in the 6th c., in the Topographia Christiana of Cosmos Indicopleustes. The modern town is called Zulla. ADULLAMITES. See SUPP., Vol. X. ADULTERATION OF FOOD, &c. The more important adulterations will be noticed under the various articles. See also Food.

does the punishment now exceed imprisonment for a limited period, which is frequently accompanied with a fine. Lord Coke says, that by the law of England in early times, A. was punished by fine and imprisonment (3 Inst. 306). During the Commonwealth, it was made a capital offence (Scobel's Acts, part ii., p. 121); but this law was not confirmed at the Restoration. In Scotland, the records of the Court of Justiciary shew that capital punishment was frequently inflicted. At the present day, it is punishable in Great Britain only by ecclesiastical censure; and even this may be regarded as in desuetude. But when committed by the wife, it was regarded as a civil injury, and, till the passing of the stat. 20 and 21 Vic. c. 85 and 59, formed the ground of an action of damages for criminal conversation (commonly known as an action of crim. con.) by the husband against the paramour. No corresponding action was competent to the wife, either in England or America; and her only remedy consisted in obtaining a separation or divorce. In Scotland, A. forms a ground for dissolution of the marriage, at the suit of the injured party. See SEPARATION, DIVORCE.

6

As

A'DVENT, or Time of Advent (Lat. the approach, or coming), a term applied, by the Christian Church, to certain weeks before Christmas. In the Greek Church, the time of A. comprises forty days; but in the Romish Church, and those Protestant Churches in which A. is observed, only four weeks. The origin of this festival, as a Church ordinance, is not clear. The first notice of A., as an appointADULTERY (Lat. adulterium) has been well ment of the Church, is found in the Synod of defined as 'the voluntary sexual intercourse of Lerida (524 A.D.), at which marriages were intera married person with a person other than the dicted from the beginning of A. until Christmas. offender's husband or wife. (Bishop on Marriage The four Sundays of A., as observed in the Romish and Divorce, § 415). By the Roman law, there Church and the Church of England, were probably was no A. unless the woman was married, and introduced into the calendar by Gregory the Great. the same was the rule in Athens. It was in It was common from an early period to speak of this limited form also that A. was recognised by the the coming of Christ as fourfold: his first coming in Mosaic law. By the canon law, the husband and the flesh; his coming at the hour of death to receive wife were placed on the same footing; and this view his faithful followers (according to the expressions has been adopted by all the nations of modern used by St John); his coming at the fall of Jerusalem Europe. In the American state of New Jersey, it (Matt. xxiv. 30); and at the day of judgment. has been decided that a married man does not commit According to this fourfold view of A., the gospels this crime in having connection with an unmarried were chosen for the four Sundays, as was settled woman. (Bishop, ibid.) But such has not been in the Western Church by the Homilarium of the prevalent doctrine even in America; and it Charlemagne. The festival of A. is intended to has never been doubted that the offence necessary accord in spirit with the object celebrated. to found the sentence of divorce is committed by mankind were once called upon to prepare themunlawful sexual intercourse equally whether the selves for the personal coming of Christ, so, accordparticeps criminis were married or single. A. was ing to the idea that the ecclesiastical year should recognised as a crime even before Moses (Gen. represent the life of the founder of the Church, xxxviii. 24), and it is probable that in affixing to it Christians are exhorted, during this festival, to look the punishment of death (Lev. xx. 10), he followed for a spiritual advent of Christ. The time of the year the prevailing custom. A very remarkable law was when the shortening days are hastening toward introduced for the trial of A., by causing the woman the solstice-which almost coincides with the festival suspected to drink the bitter waters of jealousy of the Nativity-is thought to harmonise with the (Numb. v. 26). In Rome, the Julian law, enacted strain of sentiment proper during A. In opposition, in the time of Augustus (17 B.C.), revised the previous possibly, to heathen festivals, observed by ancient legislation on the subject, and imposed special penal- Romans and Germans, which took place at the ties, consisting of forfeiture of goods and banish- same season, the Catholic Church ordained that ment, both on the adulteress and the paramour. The the four weeks of A. should be kept as a time of husband, in certain cases, was permitted to kill the penitence; according to the words of Christ: latter, and the father might sometimes kill both. Repent, for the kingdom of heaven is at hand.' A constitution of Constantine, the authenticity of During these weeks, therefore, public amusements, which has been doubted, made A. a capital offence marriage-festivities, and dancing were prohibited; on the man's part. Whatever Constantine's law was, fasts were appointed, and sombre garments were it was confirmed by Justinian, who further condemned used in religious ceremonies. The Protestant Church the wife to be whipped, and imprisoned in a convent in Germany has also abstained from public for the rest of her days, unless relieved by her hus- recreations and celebrations of marriage during band within two years (Novel, 134, c. 10). The A. It was perhaps a natural thought to begin offence was visited in Athens with punishments the ecclesiastical year with the days of prepar closely resembling those of the earlier Roman legis- ation for the coming of Christ. This was first lation. In many continental countries, A. is still done by the Nestorian Church in the East in treated as a criminal offence, but in none of them the 6th c.; the example was soon followed in

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