Chapter XV: Act 1861: s. 31, any person may arrest any one whom he shall find (2)
Many organic arsenic compounds are known, analogous to those of
nitrogen and phosphorus, but apparently the primary and secondary
arsines, AsH2.CH3 and AsH(CH3)2, do not exist, although the
corresponding chlorine derivatives, AsCl2.CH3, methyl arsine chloride,
and AsCl(CH4)2, dimethyl arsine chloride, are known. The tertiary
arsines, such as As(CH3)3, trimethyl arsine, and the quaternary
arsonium iodides and hydroxides, (CH3)4AsI and (CH3)4As.OH,
tetramethyl arsonium iodide and hydroxide, have been obtained. The
arsines and arsine chlorides are liquids of overpowering smell, and in
some cases exert an extremely irritating action on the mucous
membrane. They do not possess basic properties; the halogen in the
chlorine compounds is readily replaced by oxygen, and the oxides
produced behave like basic oxides. The chlorides AsCl2.CH3 and
AsCl(CH3)2 as well as As(CH3)3 are capable of combining with two atoms
of chlorine, the arsenic atom apparently changing from the tri- to the
penta-valent condition, and the corresponding oxygen compounds can
also be oxidized to compounds containing one oxygen atom or two
hydroxyl groups more, forming acids or oxides. The compounds of the
type AsX5, e.g. AsCl4.CH3, AsCl3(CH3)2, on heating break down, with
separation of methyl chloride and formation of compounds of the type
AsX3; the breaking down taking place more readily the fewer the number
of methyl groups in the compound. The dimethyl arsine (or cacodyl)
compounds have been most studied. On distillation of equal parts of
dry potassium acetate and arsenious oxide, a colourless liquid of
unbearable smell passes over, which is spontaneously inflammable and
excessively poisonous. It is sometimes called Cadet's fuming liquid,
and its composition was determined by R. Bunsen, who gave it the name
cacodyl oxide ([Greek: kakodes], stinking); its formation may be shown
thus:
As4O6 + 8CH3CO2K = 2[(CH3)2As]2O + 4K2CO3 + 4CO2.
The liquid is spontaneously inflammable owing to the presence of free
cacodyl, As2(CH3)4, which is also obtained by heating the oxide with
zinc clippings in an atmosphere of carbon dioxide; it is a liquid of
overpowering odour, and boils at 170 deg.C. Cacodyl oxide boils at 150
deg. C., and on exposure to air takes up oxygen and water and passes
over into the crystalline cacodylic acid, thus:
[(CH3)2As]2O + H2O + O2 = 2(CH3)2As.O.OH.
_Pharmacology._--Of arsenic and its compounds, arsenious acid (dose 1/60-1/15 gr.) and its preparation liquor arsenicalis, Fowler's solution (dose 2-8 [minim]), are in very common use. The iodide of arsenic (dose 1/20-1/5 gr.) is one of the ingredients of Donovan's solution (see MERCURY); and iron arsenate (dose 1/16-1/4 gr. in a pill), a mixture of ferrous and ferric arsenates with some iron oxide, is of great use in certain cases. Sodium arsenate (1/40-1/10 gr.) is somewhat less commonly prescribed, though all the compounds of this metal have great value in experienced hands.
Externally, arsenious acid is a powerful caustic when applied to raw surfaces, though it has no action on the unbroken skin. Internally, unless the dose be extremely small, all preparations are severe gastro-intestinal irritants. This effect is the same however the drug be administered, as, even after subcutaneous injection, the arsenic is excreted into the stomach after absorption, and thus sets up gastritis in its passage through the mucous membrane. In minute doses it is a gastric stimulant, promoting the flow of gastric juice. It is quickly absorbed into the blood, where its presence can be demonstrated especially in the white blood corpuscles. In certain forms of anaemia it increases the number of the red corpuscles and also their haemoglobin content. None of these known effects of arsenic is sufficient to account for the profound change that a course of the drug will often produce in the condition of a patient. It has some power of affecting the general metabolism, but no wholly satisfactory explanation is forthcoming. According to Binz and Schultz its power is due to the fact that it is an oxygen-carrier, arsenious acid withdrawing oxygen from the protoplasm to form arsenic acid, which subsequently yields up its oxygen again. It is thus vaguely called an alterative, since the patient recovers under its use. It is eliminated chiefly by the urine, and to a less extent by the alimentary canal, sweat, saliva, bile, milk, tears, hair, &c., but it is also stored up in the body mainly in the liver and kidneys.
_Therapeutics._--Externally arsenious acid has been much used by quack doctors to destroy morbid growths, &c., a paste or solution being applied, strong enough to kill the mass of tissue and make it slough out quickly. But many accidents have resulted from the arsenic being absorbed, and the patient thereby poisoned. Internally it is useful in certain forms of dyspepsia, but as some patients are quite unable to tolerate the drug, it must always be administered in very small doses at first, the quantity being slowly increased as tolerance is shown. Children as a rule bear it better than adults. It should never be given on an empty stomach, but always after a full meal. Certain cases of anaemia which do not yield to iron are often much improved by arsenic, though in other apparently similar ones it appears to be valueless. It is the routine treatment for pernicious anaemia and Hodgkin's disease, though here again the drug may be of no avail. For the neuralgia and anaemia following malaria, for rheumatoid arthritis, for chorea and also asthma and hay fever, it is constantly prescribed with excellent results. Certain skin diseases, as psoriasis, pemphigus and occasionally chronic eczema, are much benefited by its use, though occasionally a too prolonged course will produce the very lesion for which under other circumstances it is a cure. A recent method of using the drug is in the form of sodium cacodylate by subcutaneous injection, and this preparation is said to be free from the cumulative effects sometimes arising after the prolonged use of the other forms. Other organic derivatives employed are sodium metharsenite and sodium anilarsenate or atoxyl; hypodermic injections of the latter have been used in the treatment of sleeping sickness. Occasionally, as among the Styrians, individuals acquire the habit of arsenic-eating, which is said to increase their weight, strength and appetite, and clears their complexion. The probable explanation is that an antitoxin is developed within them.
_Toxicology and Forensic Medicine._--The commonest source of arsenical poisoning is the arsenious acid or white arsenic, which in one form is white and opaque, like flour, for which it has been mistaken with fatal results. Also, as it has little taste and no colour it is easily mixed with food for homicidal purposes. When combined with potash or soda it is used to saturate flypapers, and strong solutions can be obtained by soaking these in water; this fact has also been used with criminal intent. Copper arsenite (or Scheele's green) used to be much employed as a pigment for wall-papers and fabrics, and toxic effects have resulted from their use. Metallic arsenic is probably not poisonous, but as it usually becomes oxidized in the alimentary canal, the usual symptoms of arsenical poisoning follow its use.
In acute poisoning the interval between the reception of the poison and the onset of symptoms ranges from ten minutes, or even less, if a strong solution be taken on an empty stomach, to twelve or more hours if the drug be taken in solid form and the stomach be full of food. The usual period, however, is from half an hour to an hour. In a typical case a sensation of heat developing into a burning pain is felt in the throat and stomach. This is soon followed by uncontrollable vomiting, and a little later by severe purging, the stools being first of all faecal but later assuming a rice water appearance and often containing blood. The patient suffers from intense thirst, which cannot be relieved, as drinking is immediately followed by rejection of the swallowed fluid. There is profound collapse, the features are sunken, the skin moist and cyanosed. The pulse is feeble and irregular, and respiration is difficult. The pain in the stomach is persistent, and cramps in the calves of the legs add to the torture. Death may be preceded by coma, but consciousness is often maintained to the end. The similarity of the symptoms to those of cholera is very marked, but if the suspicion arises it can soon be cleared up by examining any of the secretions for arsenic. More rarely the poison seems to centre itself on the nerve centres, and gastro-intestinal symptoms may be almost or quite absent. In such cases the acute collapse occurs in company with both superficial and deep anaesthesia of the limbs, and is soon followed by coma terminating in death. In criminal poisoning repeated doses are usually given, so that such cases may not be typical, but will present some of the aspects of acute and some of chronic arsenical poisoning. As regards treatment, the stomach must be washed out with warm water by means of a soft rubber tube, an emetic being also administered. Then, if available, freshly precipitated ferric hydrate must be given, which can be prepared by adding a solution of ammonia to one of iron perchloride. The precipitate is strained off, and the patient can swallow it suspended in water. While this is being obtained, magnesia, castor oil or olive oil can be given; or failing all these, copious draughts of water. The collapse must be treated with hot blankets and bottles, and subcutaneous injections of brandy, ether or strychnine. The pain can be lessened by injections of morphia.
Arsenic may be gradually absorbed into the system in very small quantities over a prolonged period, the symptoms of chronic poisoning resulting. The commonest sources used to be wall-papers, fabrics, artificial flowers and toys: also certain trades, as in the manufacture of arsenical sheep-dipping. But at the present time cases arising from these causes occur very rarely. In 1900 an outbreak of "peripheral neuritis" with various skin affections occurred in Lancashire, which was traced to beer made from glucose and invert sugar, in the preparation of which sulphuric acid contaminated with arsenic was said to have been used. But the nature of the disease in this case was decidedly obscure. The symptoms so closely resembled those of _beri-beri_ that it has also been suggested that the illness was the same, and was caused by the manufacture of the glucose from mouldy rice (see BERI-BERI), though no proof of this was possible. The earliest symptoms are slight gastric disorders, loss of appetite and general malaise, followed later by colicky pains, irritation of eyelids and skin eruptions. But sooner or later peripheral neuritis develops, usually beginning with sensory disturbances, tingling, numbness, formication and occasionally cutaneous anaesthesia. Later the affected muscles become exquisitely tender, and then atrophy, while the knee-jerk or other reflex is lost. Pigmentation of the skin may occur in the later stages. Recovery is very slow, and in fatal cases death usually results from heart failure.
After acute poisoning, the stomach at a _post-mortem_ presents signs of intense inflammation, parts or the whole of its mucous membrane being of a colour varying from dark red to bright vermilion and often corrugated. Submucous haemorrhages are usually present, but perforation is rare. The rest of the alimentary canal exhibits inflammatory changes in a somewhat lesser degree. After chronic poisoning a widely spread fatty degeneration is present. Arsenic is found in almost every part of the body, but is retained in largest amount by the liver, secondly by the kidneys. After death from chronic poisoning it is found present even in the brain and spongy bone. The detection of arsenic in criminal cases is effected either by Reinsch's test or by Marsh's test, the urine being the secretion analysed when available. But Reinsch's test cannot be used satisfactorily for a quantitative determination, nor can it be used in the presence of chlorates or nitrates. And Marsh's test is very unmanageable with organic liquids on account of the uncontrollable frothing that takes place. But in such cases the organic matter can be first destroyed by one of the various methods, usually the moist method devised by Fresenius being chosen.
ARSENIUS (c. 354-450), an anchorite, said to have been born of a noble Roman family, who achieved a high reputation for his knowledge of Greek and Roman literature. He was appointed by Theodosius the Great, tutor of the young princes Arcadius and Honorius, but at the age of forty he retired to Egypt, where for forty years he lived in monastic seclusion at Scetis in the Thebais, under the spiritual guidance of St John the Dwarf. He is said to have gained the admiration of his fellows by the extreme rigour of his asceticism. The remainder of his life he spent at Canopus, and Troe near Memphis, where he died at the age of ninety-five. Of his writings two collections of admonitory maxims are extant: the first, [Greek: Didaskalia kai parainesis], containing instructions for monks, is published with a Latin version by Fr. Combefis in _Auctarium biblioth. patr. novissim._ (Paris, 1672), pp. 301 f.; the second is a collection of forty-four wise sayings put together by his friends under the title of [Greek: Apophthegmata] (see Cotelerius, _Eccl. graec. monum._, 1677, i. pp. 353-372). In the Roman Catholic Church his festival is on the 19th of July, in the Orthodox Eastern Church on the 8th of May. His biography by Simeon Metaphrastes is largely fiction.
ARSENIUS AUTORIANUS (13th century), patriarch of Constantinople, lived about the middle of the 13th century. He received his education in Nicaea at a monastery of which he later became the abbot, though not in orders. Subsequently he gave himself up to a life of solitary asceticism in a Bithynian monastery, and is said, probably wrongly, to have remained some time in a monastery on Mount Athos. From this seclusion he was in A.D. 1255 called by Theodore II. Lascaris to the position of patriarch at Nicaea, and four years later, on that emperor's death, became joint guardian of his son John. His fellow-guardian Georgios Mouzalon was immediately murdered by Michael Palaeologus, who assumed the position of tutor. Arsenius then took refuge in the monastery of Paschasius, retaining his office of patriarch but refusing to discharge its duties. Nicephorus of Ephesus was appointed in his stead. In 1261 Michael, having recovered Constantinople, induced Arsenius again to undertake the office of patriarch, but soon incurred his severe censure by ordering the young prince John to be blinded. Arsenius went so far as to excommunicate the emperor, who, having vainly sought for pardon, took refuge in false accusations against Arsenius and caused him to be banished to Proconnesus, where some years afterwards (according to Fabricius in 1264; others say in 1273) he died. Throughout these years he declined to remove the sentence of excommunication which he had passed upon Michael, and after his death, when the new patriarch Josephus gave absolution to the emperor, the quarrel was carried on between the "Arsenites" and the "Josephists." The "Arsenian schism" lasted till 1315, when reconciliation was effected by the patriarch Niphon (see Gibbon, _Decline and Fall of the Roman Empire_, ed. J.B. Bury, 1898, vol. vi. 467 foll.). Arsenius is said to have prepared from the decisions of the councils and the works of the Fathers a summary of divine laws under the title _Synopsis Canonum_. This was published (Greek original and Latin version) by G. Voel and H. Justel in _Bibliotheca Jur. Canon. Vet._ (Paris, 1661), 749 foll. Some hold that the _Synopsis_ was the work of another Arsenius, a monk of Athos (see L. Petit in Vacant's _Dict. theol. cathol._ i. col. 1994); the ascription depends on whether the patriarch Arsenius did or did not sojourn at Mount Athos.
See Georgius Pachymeres ii. 15, iii. _passim_, iv. 1-16; Nicephorus
Gregoras iii. 1, iv. 1; for the will of Arsenius see Cotelerius,
_Monumenta_, ii. 168.
ARSES, Persian king, youngest son of Artaxerxes III., was raised to the throne in 338 B.C. by Bagoas (q.v.), who had murdered his father and all his brothers. But when the young king tried to make himself independent, Bagoas killed him too, with all his children, in the third year of his reign (336) (Diod. 17.5; Strabo 15. 736; Trogus, Prol. x., Alexander's despatch to Darius III.; Arrian ii. 14. 5, and the chronographers). In Plutarch, _De fort. Alex._ ii. 3. 5, he is called _Oarses_; in Johannes Antioch. p. 38, _Arsamos_; in the canon of Ptolemy, _Aroges_ (by Elias of Nisibis, _Piruz_); in a chronological tablet from Babylon (Brit. Mus. Sp. ii. 71, _Zeitschrift fur Assyriologie_, viii. 176, x. 64) he is abbreviated into _Ar_. See PERSIA: _Ancient History_. (Ed. M.)
ARSINOE, the name of four Egyptian princesses of the Ptolemaic dynasty. The name was introduced into the Ptolemaic dynasty by the mother of Ptolemy I. This Arsinoe was originally a mistress of Philip II. of Macedon, who presented her to a Macedonian soldier Loqus shortly before Ptolemy was born. It was, therefore, assumed by the Macedonians that the Ptolemaic house was really descended from Philip (see PTOLEMIES).
1. Daughter of Lysimachus, king of Thrace, first wife of Ptolemy II. Philadelphus (285-247 B.C.). Accused of conspiring against her husband, who perhaps already contemplated marriage with his sister, also named Arsinoe, she was banished to Coptos, in Upper Egypt. Her son Ptolemy was afterwards king under the title of Euergetes. It is supposed by some (e.g. Niebuhr, _Kleine Schriften_; cf. Ehrlichs, _De Callimachi hymnis_) that she is to be identified with the Arsinoe who became wife of Magas, king of Cyrene, and that she married him after her exile to Coptos. But this hypothesis is apparently without foundation. Magas before his death had betrothed his daughter Berenice to the son of his brother Ptolemy II. Philadelphus, but Arsinoe, disliking the projected alliance, induced Demetrius the Fair, son of Demetrius Poliorcetes, to accept the throne of Cyrene as husband of Berenice. She herself, however, fell in love with the young prince, and Berenice in revenge formed a conspiracy, and, having slain Demetrius, married Ptolemy's son (see BERENICE, 3).
2. Daughter of Ptolemy I. Soter and Berenice. Born about 316 B.C., she married Lysimachus, king of Thrace, who made over to her the territories of his divorced wife, Amastris. To secure the succession for her own children she brought about the murder of her stepson Agathocles. Lysandra, the wife of Agathocles, took refuge with Seleucus, king of Syria, who made war upon Lysimachus and defeated him (281). After her husband's death Arsinoe fled to Ephesus and afterwards to Cassandreia in Macedonia. Seleucus, who had seized Lysimachus's kingdom, was murdered in 281 by Ptolemy Ceraunus (half-brother of Arsinoe), who thus became master of Thrace and Macedonia. To obtain possession of Cassandreia, he offered his hand in marriage to Arsinoe, and being admitted into the town, killed her two younger sons and banished her to Samothrace. Escaping to Egypt, she became the wife of her full brother Ptolemy II., the first instance of the practice (afterwards common) of the Greek kings of Egypt marrying their sisters. She was a woman of a masterful character and won great influence. Her husband, though she bore him no children, was devoted to her and paid her all possible honour after her death in 271. He gave her name to a number of cities, and also to a district (nome) of Egypt.[1] It is related that he ordered the architect Dinochares to build a temple in her honour in Alexandria; in order that her statue, made of iron, might appear to be suspended in the air, the roof was to consist of an arch of loadstones (Pliny, _Hist. Nat._ xxxiv. 42). Coins were also struck, showing her crowned and veiled on the obverse, with a double cornucopia on the reverse. She was worshipped as a goddess under the title of [Greek: Thea Philadelphos], and she and her husband as [Greek: Theoi adelphoi] (Justin xxiv. 2, 3; Pausanias i. 7).
See von Prott, _Rhein. Mus._ liii. (1898), pp. 460 f.
3. Daughter of Ptolemy III. Euergetes, sister and wife of Ptolemy IV. Philopator. She seems to be erroneously called Eurydice by Justin (xxx. 2), and Cleopatra by Livy (xxvii. 4). Her presence greatly encouraged the troops at the battle of Raphia (217), in which Antiochus the Great was defeated. Her husband put her to death to please his mistress Agathocleia, a Samian dancer (between 210 and 205). She was worshipped as [Greek: Thea Philopator]; she and her husband as [Greek: Theoi Philopatores] (Polybius v. 83, 84, xv. 25-33).
4. Youngest daughter of Ptolemy XIII. Auletes, and sister of the famous Cleopatra. During the siege of Alexandria by Julius Caesar (48) she was recognized as queen by the inhabitants, her brother, the young Ptolemy, being then held captive by Caesar. Caesar took her with him to Rome as a precaution. After Caesar's triumph she was allowed to return to Alexandria. After the battle of Philippi she was put to death at Miletus (or in the temple of Artemis at Ephesus) by order of Mark Antony, at the request of her sister Cleopatra (Dio Cassius xlii. 39; Caesar, _Bell. civ._ iii. 112; Appian, _Bell. civ._ v. 9).
AUTHORITIES.--For general authorities see article PTOLEMIES. The
article "Arsinoe" in Pauly-Wissowa's _Realencyclopadie_ contains a
full list of those who bore the name, and also of the numerous towns
which were called after the various princesses.
FOOTNOTE:
[1] The appendix to pt. ii. of the Tebtunis series of papyri
(Grenfell, Hunt and Goodspeed, 1907) contains a lengthy account of
the topography of the Arsinoite nome.
ARSINOITHERIUM (so called from the Egyptian queen Arsinoe), a gigantic horned mammal from the Middle Eocene beds of the Fayum, Egypt, representing a sub-order of Ungulata, called Barypoda. The skull is remarkable for carrying a huge pair of horn-cores above the muzzle, which seem to be the enlarged nasal bones, and a rudimentary pair farther back; the front horn-cores, like the rest of the skull, consist of a mere shell of bone, and were probably clothed in life with horny sheaths. The teeth form a continuous even series, the small canines being crowded between the incisors and premolars; the crowns of the cheek-series are tall (hypsodont), with a distinctive pattern of their own. Although the brain is relatively larger, the bones of the limbs, especially the short, five-toed feet, approximate to those of the Amblypoda and Proboscidea; but in the articulation of the astragalus with both the navicular and cuboid _Arsinoitherium_ is nearer the former than the latter group.
It is probable, however, that these resemblances are mainly due to parallelism in development, and are in all three cases adaptations necessary to support the enormous weight of the body. On the other hand, the marked resemblance of the structure of the tarsus is probably indicative of descent from nearly allied condylarthrous ancestors (see PHENACODUS). No importance can be attached to the presence of horns as an indication of affinity between _Arsinoitherium_ and the Amblypoda; and there are important differences in the structure of the skulls of the two, notably in the external auditory meatus, the occiput, the premaxillae, the palatal foramina and the lower jaw.
From the Proboscidea _Arsinoitherium_ differs broadly in skull structure, in the form of the cheek-teeth, and in the persistence of the complete dental series of forty-four without gaps or enlargement of particular teeth. Whether there is any relationship with the Hyracoidea cannot be determined until we are acquainted with the forerunners of _Arsinoitherium_, which is evidently a highly specialized type.
It may be added that as the name Barypoda has been used at an earlier date for another group of animals, the alternative title Embrithopoda has been suggested in case the former should be considered barred.
See C.W. Andrews, _Descriptive Catalogue of the Tertiary Vertebrata of
the Fayum, British Museum_ (1906). (R. L.*)
ARSON (from Lat. _ardere_, to burn), a crime which has been described as the malicious and voluntary burning of the house of another (3 Co. _Inst._ 66). At common law in England it is an offence of the degree of felony. In the Roman civil law arson was punishable by death. It appears early in the history of English law, being known in ancient laws by the term of _boernet_. It is mentioned by Cnut as one of the bootless crimes, and under the Saxon laws was punishable by death. The sentence of death for arson was, says Stephen (_Commentaries_, iv. 89), in the reign of Edward I. executed by a kind of _lex talionis_, for the incendiaries were burnt to death; a punishment which was inflicted also under the Gothic institutions. Death continued to be the penalty at least down to the reign of King John, according to a reported case (Gloucester Pleas, pl. 216), but in course of time the penalty became that of other common-law felonies, death by the gallows. It is one of the earliest crimes in which the _mens rea_, or criminal intent, was taken special notice of. Bracton deals at length with the _mala conscientia_, which he says is necessary for this crime, and contrasts it with _negligentia_ (f. 146 b), while in many early indictments malice aforethought (_malitia praecogitata_) appears. Arson was deprived of "benefit of clergy" under the Tudors, while an act of 8 Henry VI. c. 6 (1429) made the wilful burning of houses, under particular circumstances, high treason, but acts of 1 Ed. VI. c. 12 (1547) and 1 Mary (1553) reduced it to an ordinary felony. The English law concerning arson was consolidated by 7 & 8 Geo. IV. c. 30, which was repealed and re-enacted by the Malicious Damage Act 1861.
The common-law offence of arson (which has been greatly enlarged by the act of 1861) required some part of the house to be actually burnt; neither a bare intention nor even an actual attempt by putting fire in or towards it will constitute the offence, if no part was actually burnt, but the burning of any part, however trifling, is sufficient, and the offence is complete even if the fire is put out or goes out of itself. The burning must be malicious and wilful, otherwise it is only a trespass. If a man by wilfully setting fire to his own house burn the house of his neighbour also, it will be a felony, even though the primary intention of the party was to burn his own house only. The word _house_, in the definition of the offence at common law, extends not only to dwelling-houses, "but to all out-houses which are parcel thereof, though not adjoining thereto." Barns with corn and hay in them, though distant from a house, are within the definition.
The different varieties of the offence are specified in the Malicious Damage Act 1861. The following crimes are thereby made felonies: (1) setting fire to any church, chapel, meeting-house or other place of divine worship; (2) setting fire to a dwelling-house, any person being therein; (3) setting fire to a house, out-house, manufactory, farm-building, &c., with intent to impose and defraud any person; (4) setting fire to buildings appertaining to any railway, port, dock or harbour; or (5) setting fire to any public building. In these cases the act provides that the person convicted shall be liable, at the discretion of the court, to be kept in penal servitude for life, or for any term not less than three years (altered to _five_ years by the Penal Servitude Acts Amendment Act 1864), or to be imprisoned for any time not exceeding two years, with or without hard labour, and, if a male under sixteen years of age, with or without whipping. Setting fire to other buildings, and setting fire to goods in buildings under such circumstances that, if the building were thereby set fire to, the offence would amount to felony, are subject to the punishments last enumerated, with this exception that the period of penal servitude is limited to fourteen years. The attempt to set fire to any building, or any matter or thing not enumerated above, is punishable as a felony. Russell says (_Crimes_, p. 1781) that the term building is no doubt very indefinite, but it was used in 9 & 10 Vict. c. 25, s. 2; and it was thought much better to adopt this term and leave it to be interpreted as each case might arise, than to attempt to define; as any such attempt would probably have failed in producing any expression more certain than the term "building" itself. In _R._ v. _Manning_, 1872 (L.R. 1 C.C.R. 338), it was held that an unfinished house was a building within the meaning of the act. The setting fire to crops of hay, grass, corn, &c., is punishable by penal servitude for any period not exceeding fourteen years, but setting fire to stacks of the same, or any cultivated vegetable produce, or to peat, coals, &c., is regarded as a more serious offence, and the penal servitude may be for life. For the attempt to commit the last two offences penal servitude is limited to seven years. Setting fire to mines of coal, anthracite or other mineral fuel is visited with the full measure of penalty, and in the case of an attempt the penal servitude is limited to fourteen years. By the Dockyards, &c., Protection Act 1772 it is a felony punishable by death wilfully and maliciously to set fire to any of His Majesty's ships or vessels of war, or any of His Majesty's arsenals, magazines, dockyards, rope-yards, victualling offices or buildings therein, or any timber, material, stores or ammunition of war therein or in any part of His Majesty's dominions. If the person guilty of the offence is a person subject to naval discipline, he is triable by court-martial, and if found guilty, a sentence of capital punishment may be passed. The Malicious Damage Act 1861, s. 43, also includes as a felony the setting fire to any ship or vessel, with intent to prejudice any owner or part owner of the vessel, or of any goods on the same, or any person who has underwritten any policy of insurance on the vessel, or upon any goods on board the same.
In Scotland the offence equivalent to arson in England is known by the more expressive name of fire-raising. The crime was punishable capitally by old consuetudinary law, but it is now no longer capital, and may be tried in the sheriff court (50 & 51 Vict. c. 35, s. 56). Formerly the public prosecutor had the privilege of declining to demand capital punishment, and he invariably did so. _Wilful fire-raising_, which is the most heinous form of the crime, requires the raising of fire, without any lawful object, but with the deliberate intention of destroying certain premises or things, whether directly by the application of fire thereto, or indirectly by its application to something contained in or forming part of or communicating with them; also the intention to destroy premises or things of a certain description (much as mentioned above); and such premises or things must be the property of another than the accused. _Wicked, culpable and reckless fire-raising_ differs from wilful fire-raising in that the fire is raised _without_ the deliberate intention of destroying premises or things, but while the accused was engaged in some unlawful act, or while he was in such a state of passion, excitement or recklessness as not to care what results might follow from his acts.
_United States._--The same general principles apply to this crime in American law. In some states by statute the intent to injure or defraud must be shown, e.g. when the property is insured. In New York one who wilfully burns property (including a vessel or its cargo) with intent to defraud or prejudice the insurer thereof, though the offence of arson is not committed, is punishable by imprisonment for not more than five years (N.Y. Pen. Code, ss. 575, 578). There must be an intent to destroy the building (_ibid._ s. 490; California Code, s. 447). An agreement to commit arson is conspiracy (_ibid._ s. 171). Killing a person in committing the crime of arson is murder in the first degree (_ibid._ s. 183); this is so in California, even where the crime is merely an attempt to commit arson (Cal. Pen. Code, s. 189). Explosion of a house by gunpowder or dynamite is arson (Texas Pen. Code, art. 761), but a charge of arson by "burning" will not be sustained by proof of exploding by dynamite, even though part of the building is burnt by the explosion (_Landers_ v. _State_ [Tex.], 47 S.W. 1008).
AUTHORITIES.--W.S. Holdsworth, _History of English Law_, vol. iii.;
Pollock and Maitland, _History of English Law_; Stephen, _History of
Criminal Law_, vol. iii.; Stephen, _Commentaries_; Russell on
_Crimes_.
ARSONVAL, a village of France in the department of Aube, lies on the right bank of the Aube, about 30 m. east of Troyes. It has a church dating from the 12th century. Pop. 434.
ARSOT, the name of a forest in France, in the immediate neighbourhood of Belfort. It has an area of about 1500 acres, is almost encircled by a small stream, the Eloie, and is about 1400 ft. above the sea. On the east it is continued by the forest of Denney, which contains the fortress of Roppe, dominating the road from Colmar into France.
ARSUF, a town on the coast of Palestine, 12 m. N.N.E. of Jaffa, famous as the scene of a victory of the crusaders under Richard I. of England over the army of Saladin. After the capture of Acre on the 12th of July 1191, the army of the crusaders, under Richard Coeur-de-Lion and the duke of Burgundy, opened their campaign for the recovery of Jerusalem by marching southward towards Jaffa, from which place it was intended to move direct upon the holy city. The march was along the sea-shore, and, the forces of Saladin being in the vicinity, the army moved in such a formation as to be able to give battle at any moment. Richard thus moved slowly, but in such compact order as to arouse the admiration even of the enemy. The right column of baggage and supplies, guarded by infantry, was nearest the sea, the various corps of heavy cavalry, one behind the other, formed the central column, and on the exposed left flank was the infantry, well closed up, and "level and firm as a wall," according to the testimony of Saracen authors. The columns were united into a narrow rectangle by the advanced and rear guards. The whole march was a running fight between untiring horse-archers and steady infantry. Only once did the column open out, and the opportunity was swiftly seized by the Saracens, yet so rapid was the rally of the crusaders that little damage was done (August 25). The latter maintained for many days an absolutely passive defence, and could not be tempted to fight; Richard and his knights made occasional charges, but quickly withdrew, and on the 7th of September this irregular skirmishing, in which the crusaders had scarcely suffered at all, culminated in the battle of Arsuf. Saladin had by now decided that the only hope of success lay in compelling the rear of the Christians' column to halt--and thus opening a gap, should the van be still on the move. Richard, on the other hand, had prepared for action by closing up still more, and as the crusaders were now formed a simple left turn brought them into two lines of battle, infantry in first line, cavalry in second line. Near Arsuf the road entered a defile between the sea and a wooded range of hills; and from the latter the whole Moslem army suddenly burst forth. The weight of the attack fell upon the rear of Richard's column, as Saladin desired. The column slowly continued its march, suffering heavily in horses, but otherwise unharmed. The first assault thus made no impression, but a fierce hand-to-hand combat followed, in which the Hospitallers, who formed the rear of the Christian army, were hard pressed. Their grand master, like many other subordinates in history, repeatedly begged to be allowed to charge, but Richard, who on this occasion showed the highest gift of generalship, that of feeling the pulse of the fight, waited for the favourable moment. Almost as he gave the signal for the whole line to charge, the sorely pressed Hospitallers rode out upon the enemy on their own initiative. At once the whole of the cavalry followed suit. The head (or right wing) and centre were not closely engaged, and their fleeter opponents had time to ride off, but the rear of the column carried all before it in its impetuous onset, and cut down the Saracens in great numbers. A second charge, followed by a third, dispersed the enemy in all directions. The total loss of the Saracens was more than tenfold that of the Christians, who lost but seven hundred men. The army arrived at Jaffa on the 10th of September.
See Oman, _Hist. of the Art of War_, ii. 303-317.
ARSURE, a village of France in the department of Jura, has some stone quarries and extensive layers of peat in its neighbourhood. Its church has a choir dating from the 11th century. Pop. 370.
ARSURES, a village of France in the department of Jura, situated on a small stream, the Lurine. It is surrounded by vineyards, from which excellent wine is produced. Pop. 233.
ART, a word in its most extended and most popular sense meaning everything which we distinguish from Nature. Art and Nature are the two most comprehensive genera of which the human mind has formed the conception. Under the genus Nature, or the genus Art, we include all the phenomena of the universe. But as our conception of Nature is indeterminate and variable, so in some degree is our conception of Art. Nor does such ambiguity arise only because some modes of thought refer a greater number of the phenomena of the universe to the genus Nature, and others a greater number to the genus Art. It arises also because we do not strictly limit the one genus by the other. The range of the phenomena to which we point, when we say Art, is never very exactly determined by the range of the other phenomena which at the same time we tacitly refer to the order of Nature. Everybody understands the general meaning of a phrase like Chaucer's "Nature ne Art ne koude him not amende," or Pope's "Blest with each grace of nature and of art." In such phrases we intend to designate familiarly as Nature all which exists independently of our study, forethought and exertion--in other words, those phenomena in ourselves or the world which we do not originate but find; and we intend to designate familiarly as Art all which we do not find but originate--or, in other words, the phenomena, which we add by study, forethought and exertion to those existing independently of us. But we do not use these designations consistently. Sometimes we draw an arbitrary line in the action of individuals and societies, and say, Here Nature ends and Art begins--such a law, such a practice, such an industry even, is natural, and such another is artificial; calling those natural which happen spontaneously and without much reflection, and the others artificial. But this line different observers draw at different places. Sometimes we adopt views which waive the distinction altogether. One such view is that wherein all phenomena are regarded as equally natural, and the idea of Nature is extended so as to include "all the powers existing in either the outer or the inner world, and everything which exists by means of those powers." In this view Art becomes a part of Nature. It is illustrated in the familiar passage of Shakespeare, where Polixenes reminds Perdita that
"Nature is made better by no mean,
But nature makes that mean: so, over that art
Which, you say, adds to nature, is an art
That nature makes." ...
"This is an art
Which does mend nature, change it rather, but
The art itself is nature."
A posthumous essay of John Stuart Mill contains a full philosophical exposition and defence of this mode of regarding the relations of Nature and Art. Defining Nature as above, and again as a "collective name for all facts, actual and possible," that writer proceeds to say that such a definition
"is evidently inapplicable to some of the modes in which the word is
familiarly employed. For example, it entirely conflicts with the
common form of speech by which Nature is opposed to Art, and natural
to artificial. For in the sense of the word Nature which has thus been
defined, and which is the true scientific sense, Art is as much Nature
as anything else; and everything which is artificial is natural--Art
has no independent powers of its own: Art is but the employment of the
powers of Nature for an end. Phenomena produced by human agency no
less than those which, as far as we are concerned, are spontaneous,
depend on the properties of the elementary forces, or of the
elementary substances and their compounds. The united powers of the
whole human race could not create a new property of matter in general,
or of any one of its species. We can only take advantage for our
purposes of the properties we find. A ship floats by the same laws of
specific gravity and equilibrium as a tree uprooted by the wind and
blown into the water. The corn which men raise for food grows and
produces its grain by the same laws of vegetation by which the wild
rose and the mountain strawberry bring forth their flowers and fruit.
A house stands and holds together by the natural properties, the
weight and cohesion of the materials which compose it. A steam engine
works by the natural expansive force of steam, exerting a pressure
upon one part of a system of arrangements, which pressure, by the
mechanical properties of the lever, is transferred from that to
another part, where it raises the weight or removes the obstacle
brought into connexion with it. In these and all other artificial
operations the office of man is, as has often been remarked, a very
limited one; it consists of moving things into certain places. We move
objects, and by doing this, bring some things into contact which were
separate, or separate others which were in contact; and by this simple
change of place, natural forces previously dormant are called into
action, and produce the desired effect. Even the volition which
designs, the intelligence which contrives, and the muscular force
which executes these movements, are themselves powers of Nature."
Another mode of thought, in some sort complementary to the last, is based on the analogy which the operations of forces external to a man bear to the operations of man himself. Study, forethought and exertion are assigned to Nature, and her operations are called operations of Art. This view was familiar to ancient systems of philosophy, and especially to that of the Stoics. According to the report of Cicero, Nature as conceived by Zeno was a fire, and at the same time a voluntary agent having the power or art of creating things with regularity and design ("naturam esse ignem artificiosum ad gignendum progredientem via"). To this fire not merely creative force and systematic action were ascribed, but actual personality. Nature was "non artificiosa solum, sed plane artifex." "That which in the works of human art is done by hands, is done with much greater art by Nature, that is, by a fire which exercises an art and is the teacher of other arts." This conception of Nature as an all-generating fire, and at the same time as a personal artist both teaching and including in her own activity all the human arts, on the one hand may be said, with Polixenes and J.S. Mill, to merge Art in Nature; but on the other hand it finds the essence of Nature in the resemblance of her operations to those of Art. "It is the _proprium_ of art," according to the same system, "to create and beget," and the reasoning proceeds--Nature creates and begets, therefore Nature is an artist or Demiurgus. A kindred view is set forth by Sir Thomas Browne in the _Religio Medici_, when he declares that "all things are artificial; for Nature is the Art of God."
But these modes of thought, according to which, on the one hand, the processes of Art are included among processes of Nature, or on the other the processes of Nature among the processes of Art, are exceptional. In ordinary use the two conceptions, each of them somewhat vague and inexact, are antithetical. Their antithesis was what Dr Johnson had chiefly in his mind when he defined Art as "the power of doing something which is not taught by Nature or by instinct." But this definition is insufficient, because the abstract word Art, whether used of all arts at once or of one at a time, is a name not only for the power of doing something, but for the exercise of the power; and not only for the exercise of the power, but for the rules according to which it is exercised; and not only for the rules, but for the result. Painting, for instance, is an art, and the word connotes not only the power to paint, but the act of painting; and not only the act, but the laws for performing the act rightly; and not only all these, but the material consequences of the act or the thing painted. So of agriculture, navigation and the rest. Exception might also be taken to Dr Johnson's definition on the ground that it excludes all actions of instinct from the genus Art, whereas usage has in more languages than one given the name of Art to several of those ingenuities in the lower animals which popular theory at the same time declares to be instinctive. Dante, for instance, speaks of boughs shaken by the wind, but not so violently as to make the birds forgo their Art--
"Non pero dal lor esser dritto sparte
Tanto, che gl' augelletti per le cime
Lasciasser d' operar ogni lor _arte_."
And Fontenelle, speaking in the language not of poetry but of science:--"Most animals--as, for instance, bees, spiders and beavers--have a kind of art peculiar to themselves; but each race of animals has no more than one art, and this one has had no first inventor among the race. Man, on the other hand, has an infinity of different arts which were not born with his race, and of which the glory is his own." Dr Johnson might reply that those properties of variety and of originality or individual invention, which Fontenelle himself alleges in the ingenuities of man but not in those of the lower animals, are sufficient to make a generic difference, and to establish the impropriety of calling a honeycomb or a spider's web a work of Art. It is not our purpose to trespass on ground so debateable as that of the nature of consciousness in the lower animals. Enough that when we use the term Art of any action, it is because we are thinking of properties in the action from which we infer, whether justly or not, that the agent voluntarily and designedly puts forth skill for known ends and by regular and uniform methods. If, then, we were called upon to frame a general definition of Art, giving the word its widest and most comprehensive meaning, it would run thus:--_Every regulated operation or dexterity by which organized beings pursue ends which they know beforehand, together with the rules and the result of every such operation or dexterity_.
Here it will be well to consider very briefly the natural history of the name which has been given to this very comprehensive conception by the principal branches of civilized mankind. Our own word Art the English language has taken, as all the Romance languages of modern Europe have taken theirs, directly from the Latin. The Latin _ars_, according to the prevailing opinion of philologists, proceeds from a root AR, of which the primitive signification was to put or fit things together, and which is to be found in a large family of Greek words. The Greek [Greek: technae], the name both for arts in the particular and art in the abstract, is by its root related both to [Greek: tek-ton] and [Greek: tek-non], and thus contains the allied ideas of making and begetting. The _proprium_ of art in the logic of the Stoics, "to create and beget," was strictly in accordance with this etymology. The Teutonic _Kunst_ is formed from _konnen_, and _konnen_ is developed from a primitive _Ich kann_. In _kann_ philology is inclined to recognize a preterite form of a lost verb, of which we find the traces in _Kin-d_, a child; and the form _Ich kann_ thus meaning originally "I begot," contains the germ of the two several developments,--_konnen_, "to be master," "to be able," and _kennen_, "to know." We thus see that the chief Indo-European languages have with one consent extended a name for the most elementary exercise of a constructive or productive power, till that name has covered the whole range of the skilled and deliberate operations of sentient beings.
In proportion as men left out of sight the idea of creation, of constructing or producing, "artificiosum esse ad gignendum," which is the primitive half of this extended notion, and attended only to the idea of skill, of proceeding by regular and disciplined methods, "progredi via," which is the superadded half, the whole notion Art, and the name for it, might become subject to a process of thought which, if analysed, would be like this:--What is done by regular and disciplined methods is Art; facts are observed and classified, and a systematic view of the order of the universe obtained, by regular and disciplined methods; the observing and classifying of facts, and obtaining a systematic view of the order of the universe, is therefore Art. To a partial extent this did unconsciously take place. Science, of which the essence is only in knowledge and theory, came to be spoken of as Art, of which the essence is all in practice and production. Cicero, notwithstanding his citation of the Stoical dictum that practice and production were of the essence of Art, elsewhere divides Art into two kinds--one by which things are only contemplated in the mind, another by which something is produced and done. ("Quumque artium aliud eiusmodi sit, ut tantummodo rem cernat; aliud, ut moliatur aliquid et faciat."--_Acad_. ii. 7.) Of the former kind his instance is geometry; of the latter the art of playing on the lyre. Now geometry, understanding by geometry an acquisition of the mind, that is, a collected body of observations and deductions concerning the properties of space and magnitude, is a science and not an art; although there is an art of the geometer, which is the skill by which he solves any given problem in his science, and the rules of that skill, and his exertion in putting it forth. And so every science has its instrumental art or practical discipline; and in as far as the word Art is used only of the practical discipline or dexterity of the geometer, the astronomer, the logician, the grammarian, or other person whose business it is to collect and classify facts for contemplation, in so far the usage is just. The same justification may be extended to another usage, whereby in Latin, and some of its derivative languages, the name Art came to be transferred in a concrete sense to the body of rules, the written code or manual, which lays down the discipline and regulates the dexterity; as _ars grammatica, ars logica, ars rhetorica_ and the rest. But when the word is stretched so as to mean the sciences, as theoretical acquisitions of the mind, that meaning is illegitimate. Whether or not Cicero, in the passage above quoted, had in his mind the science of geometry as a collected body of observations and deductions, it is certain that the Ciceronian phrase of the _liberal arts_, the _ingenuous arts_, both in Latin and its derivatives or translations in modern speech, has been used currently to denote the sciences themselves, and not merely the disciplines instrumental to them. The _trivium_ and the _quadrivium_ (grammar, logic and rhetoric--geometry, astronomy, music and arithmetic) have been habitually called arts, when some of them have been named in that sense in which they mean not arts but sciences, "only contemplating things in the mind." Hence the nomenclature, history and practical organization, especially in Britain, of one great division of university studies: the division of "arts," with its "faculty," its examinations, and its degrees.
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Encyclopaedia Britannica, 11th Edition, "Armour Plates" to "Arundel, Earls of"Chapter XV: Act 1861: s. 31, any person may arrest any one whom he shall find (2)
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