Chapter V: Part 5

[1] By all old authors, as Ray, Pennant, Shaw and Fleming, the word
is written "Martin," but this form of spelling is now generally
reserved for the bird (see MARTIN). The word, as applied to the
animal here described, occurs in most Germanic and Romanic languages:
German, _marder_; Dutch, _marter_; Swedish, _mard_; Danish, _maar_;
English, _marteron_, _martern_, _marten_, _martin_ and _martlett_;
French, _marte_ and _martre_; Italian, _martora_ and _martorella_;
Spanish and Portuguese, _marta_. Its earliest known use is in the
form _martes_ (Martial, _Ep._ x. 37), but it can scarcely be an old
Latin word, as it is not found in Pliny or other classical writers,
and Martial often introduced foreign words into his Latin. Its
etymology has been connected with the German "martern," to torment. A
second Romanic name for the same animal is _fuina_, in French
_fouine_. The term "Marten Cat" is also used.

MARTENS, FRÉDÉRIC FROMMHOLD DE (1845-1909), Russian jurist, was born at Pernau in Livonia. In 1868 he entered the Russian ministry of foreign affairs, was admitted in 1871 as a _Dozent_ in international law in the university of St Petersburg, and in 1871 became lecturer and then (1872) professor of public law in the Imperial School of Law and the Imperial Alexander Lyceum. In 1874 when Prince Gorchakov, then imperial chancellor, needed assistance for certain kinds of special work, Martens was chosen to afford it. His book on _The Right of Private Property in War_ had appeared in 1869, and had been followed in 1873 by that upon _The Office of Consul and Consular Jurisdiction in the East_, which had been translated into German and republished at Berlin. These were the first of a long series of studies which won for their author a world-wide reputation, and raised the character of the Russian school of international jurisprudence in all civilized countries. First amongst them must be placed the great _Recueil des traités et conventions conclus par la Russie avec les puissances étrangères_ (13 vols., 1874-1902). This collection, published in Russian and French in parallel columns, contains not only the texts of the treaties but valuable introductions dealing with the diplomatic conditions of which the treaties were the outcome. These introductions are based largely on unpublished documents from the Russian archives. Of Martens' original works his _International Law of Civilized Nations_ is perhaps the best known; it was written in Russian, a German edition appearing in 1884-1885, and a French edition in 1887-1888. It displays much judgment and acumen, though some of the doctrines which it defends by no means command universal assent. More openly "tendencious" in character are such treatises as _Russia and England in Central Asia_ (1879); _Russia's Conflict with China_ (1881), _The Egyptian Question_ (1882), and _The African Conference of Berlin and the Colonial Policy of Modern States_ (1887). In the delicate questions raised in some of these works Martens stated his case with learning and ability, even when it was obvious that he was arguing as a special pleader. Martens was repeatedly chosen to act in international arbitrations. Among the controversies which he helped to adjust were that between Mexico and the United States--the first case determined by the permanent tribunal of The Hague--and the difference between Great Britain and France in regard to Newfoundland in 1891. He played an important part in the negotiations between his own country and Japan, which led to the peace of Portsmouth (Aug. 1905) and prepared the way for the Russo-Japanese convention. He was employed in laying the foundations for The Hague Conferences. He was one of the Russian plenipotentiaries at the first conference and president of the fourth committee--that on maritime law--at the second conference. His visits to the chief capitals of Europe in the early part of 1907 were an important preliminary in the preparation of the programme. He was judge of the Russian supreme prize court established to determine cases arising during the war with Japan. He received honorary degrees from the universities of Oxford, Cambridge and Yale; he was also awarded the Nobel Peace Prize in 1902. In April 1907 he addressed a remarkable letter to _The Times_ on the position of the second Duma, in which he argued that the best remedy for the ills of Russia would be the dissolution of that assembly and the election of another on a narrower franchise. He died suddenly on the 20th of June 1909.

See T. E. Holland, in _Journal of the Society of Comparative
Legislation_ for October 1909, where a list of the writings of Martens
appears.

MARTENS, GEORG FRIEDRICH VON (1756-1821), German jurist and diplomatist, was born at Hamburg on the 22nd of February 1756. Educated at the universities of Göttingen, Regensburg and Vienna, he became professor of jurisprudence at Göttingen in 1783 and was ennobled in 1789. He was made a counsellor of state by the elector of Hanover in 1808, and in 1810 was president of the financial section of the council of state of the kingdom of Westphalia. In 1814 he was appointed privy cabinet-councillor (_Geheimer Kabinetsrat_) by the king of Hanover, and in 1816 went as representative of the king to the diet of the new German Confederation at Frankfort, where he died on the 21st of February 1821.

Of his works the most important is the great collection of treaties
_Recueil des traités, &c._ from 1761 onwards. Of this the first seven
volumes were published at Göttingen (1791-1801), followed by four
supplementary volumes partly edited by his nephew Karl von Martens
(see below). These were followed by _Nouveau recueil_, of treaties
subsequent to 1808, in 16 vols. (Göttingen, 1817-1842), of which G. F.
von Martens edited the first four, the fifth being the work of K. von
Martens, the others (6-9) by F. Saalfeld and (10-16) F. Murhard. A
_Nouveau supplément_, in 3 vols., filling gaps in the previous
collection, was also published by Murhard (Göttingen, 1839-1842). This
was followed by _Nouveau recueil ... continuation du grand recueil de
Martens_, in 20 vols. (Göttingen, 1843-1875), edited in turn by F.
Murhard, C. Murhard, J. Pinhas, C. Samwer and J. Hopf, with a general
index of treaties from 1494 to 1874 (1876). This was followed by
_Nouveau recueil, 2me série_ (Göttingen, 1876-1896; vols. xxii.-xxxv.,
Leipzig, 1897-1908). From vol. xi. on this series was edited by Felix
Stork, professor of public law at Greifswald. In 1909 appeared vol. i.
of a further _Continuation (troisième série)_ under the editorship of
Professor Heinrich Triepel of Kiel University.

Of Martens' other works the most important are the _Précis du droit
des gens modernes de l'Europe_ (1789; 3rd ed., Göttingen, 1821; new
ed., G. S. Pinheiro-Ferreira, 2 vols., 1858, 1864); _Erzählungen
merkwürdiger Fälle des neueren europäischen Völkerrechts_, 2 vols.
(Göttingen, 1800-1802); _Cours diplomatique ou tableau des relations
des puissances de l'Europe_, 3 vols. (Berlin, 1801); _Grundriss einer
diplomatischen Gesch. der europ. Staatshändel u. Friedensschlüsse seit
dem Ende des 15. Jahrhunderts_ (ibid. 1807).

His nephew KARL VON MARTENS (1790-1863), who at his death was minister
resident of the grand-duke of Weimar at Dresden, published a _Manuel
diplomatique_ (Leipzig, 1823), re-issued as _Guide diplomatique_ in
two vols. in 1832 (5th ed. by Geffcken, 1866), a valuable textbook of
the rules and customs of the diplomatic service; _Causes célèbres du
droit des gens_ (2 vols., ibid., 1827) and _Nouvelles causes célèbres_
(2 vols., ibid., 1843), both republished, in 5 vols. (1858-1861);
_Recueil manuel et pratique de traités_ (7 vols., ibid., 1846-1857);
continued by Geffcken in 3 vols., (1885-1888).

MARTENSEN, HANS LASSEN (1808-1884), Danish divine, was born at Flensburg on the 19th of August 1808. He studied in Copenhagen, and was ordained in the Danish Church. At Copenhagen he was lektor in theology in 1838, professor extra-ordinarius in 1840, court preacher also in 1845, and professor ordinarius in 1850. In 1854 he was made bishop of Seeland. In his studies he had come under the influence of Schleiermacher, Hegel and Franz Baader; but he was a man of independent mind, and developed a peculiar speculative theology which showed a disposition towards mysticism and theosophy. His contributions to theological literature included treatises on Christian ethics and dogmatics, on moral philosophy, on baptism, and a sketch of the life of Jakob Boehme, who exercised so marked an influence on the mind of the great English theologian of the 18th century, William Law. Martensen was a distinguished preacher, and his works were translated into various languages. The "official" eulogy he pronounced upon Bishop Jakob P. Mynster (1775-1854) in 1854, brought down upon his head the invectives of the philosopher Sören Kierkegaard. He died at Copenhagen on the 3rd of February 1884.

Amongst his works are: _Grundriss des Systems der Moralphilosophie_
(1841; 3rd ed., 1879; German, 1845), _Die christl. Taufe und die
baptistische Frage_ (2nd ed., 1847; German, 2nd ed., 1860), _Den
Christelige Dogmatik_ (4th ed., 1883; Eng. trans., 1866; German by
himself, 4th ed., 1897); _Christliche Ethik_ (1871; Eng. trans., Part
I. 1873, Part II. 1881 seq.); _Hirtenspiegel_ (1870-1872);
_Katholizismus und Protestantismus_ (1874); _Jacob Böhme_ (1882; Eng.
trans., 1885). An autobiography, _Aus meinem Leben_, appeared in 1883,
and after his death the _Briefwechsel zwischen Martensen und Dorner_
(1888).

MARTHA'S VINEYARD, an island including the greater part of Dukes county, Massachusetts, U.S.A., lying about 3 m. off the southern coast of that state. Its extreme length (east to west) is about 20 m., and its extreme width (north to south) about 9½ m. Along its north-west and a portion of its north-east shore lies Vineyard Sound. Its principal bays are Vineyard Haven Harbor, a deep indentation at the northernmost angle of the island; and, on the eastern coast, Edgartown Harbor and Katama Bay, both formed by the juxtaposition of Chappaquiddick Island. The surface is mainly flat, excepting a strip about 2 m. broad along the north-western coast, and the two western townships (Chilmark and Gay Head), which are hilly, with several eminences of 200 to 300 ft.--the highest, Prospect Peak, in Chilmark township, 308 ft. Gay Head Light, a beacon near the western extremity, stands among picturesque cliffs, 145 ft. above the sea. Along the southern coast are many ponds, all shut off from the ocean by a narrow strip of land, excepting Tisbury Great Pond, which has a small outlet to the sea. Others are Sengekontacket Pond on the eastern coast; Lagoon Pond, which is practically an arm of Vineyard Haven Harbor; and, about a mile east of the Harbor, Chappaquonsett Pond. Martha's Vineyard is divided into the following townships (from east to west): Edgartown (in the south-eastern part of the island), pop. (1910), 1191; area, 29.7 sq. m.; Oak Bluffs (north-eastern portion), pop. (1910), 1084; area, 7.9 sq. m.; Tisbury, pop. (1910), 1196; area, 7.1 sq. m.; West Tisbury, pop. (1910), 437; area, 30.5 sq. m.; Chilmark, pop. (1910), 282; area, 19.4 sq. m.; and Gay Head, pop. (1910), 162; area 5.2 sq. m. The population of the county, including the Elizabeth Ids. (Gosnold town, pop. 152), N. W. of Martha's Vineyard; Chappaquiddick Island (Edgartown township), and No Man's Land (a small island south-west of Martha's Vineyard), was 4561 in 1900 (of whom 645 were foreign-born, including 79 Portuguese and 72 English-Canadians, and 154 Indians), and in 1910, 4504. The principal villages are Oak Bluffs on the north-east coast, facing Vineyard Sound; Vineyard Haven, in Tisbury township, beautifully situated on the west shore of Vineyard Haven Harbor, and Edgartown on Edgartown Harbor--all summer resorts. No Man's Land, included politically in Chilmark township, lies about 6½ m. south of Gay Head. It is about 1½ m. long (east and west) and about 1 m. wide, is composed of treeless swamps, and is used mainly for sheep-grazing; the neighbouring waters are excellent fishing ground. Martha's Vineyard is served by steamship lines from Wood's Hole and New Bedford to Vineyard Haven, Oak Bluffs, and Edgartown. The Martha's Vineyard railway (from Oak Bluffs to the south-east extremity of the island, by way of Edgartown), opened in 1874, was not a financial success, and had been practically abandoned in 1909, but an electric line from Oak Bluffs to Vineyard Haven provides transit facilities for that part of the island.

For more than a century whale fishing was practically the sole industry of Martha's Vineyard. It was carried on at first from the shore in small boats; but by the first decade of the 18th century vessels especially built for the purpose were being used, and by 1760 shore fishing had been practically abandoned. The industry, seriously crippled by invasions of British troops during the War of American Independence--especially by a force which landed at Holmes's Hole (Vineyard Haven) in September 1778--and again during the War of 1812, revived and was at its height in 1840-1850, only to receive another setback during the Civil War. In the last part of the 19th century its decline was rapid, not only because of the increasing scarcity of whales, but because of the introduction of the mineral oils, and by the end of the century whaling had ceased to be of any economic importance. Herring fishing, on both the north and the south shore, occupies a small percentage of the inhabitants, and there is also some deep-sea fishing. Sheep-raising, especially for wool, is an industry of considerable importance, and Dukes county is one of the three most important counties of the state in this industry.

Martha's Vineyard was discovered in 1602 by Captain Bartholomew Gosnold, who landed (May 21) on the island now called No Man's Land, and named it Martha's Vineyard,[1] which name was subsequently applied to the larger island. Captain Gosnold rounded Gay Head, which he named Dover Cliff, and established on what is now Cuttyhunk Island, which he called Elizabeth Island, the first (though, as it proved, a temporary) English settlement in New England. The entire line of sixteen islands, of which Cuttyhunk is the westernmost of the larger ones, have since been called the Elizabeth Islands; they form the dividing line between Buzzards Bay and Vineyard Sound, and in 1864 were incorporated as Gosnold township (pop. in 1905, 161) of Dukes county.

The territory within the jurisdiction of the Council for New England was parcelled in 1635 among the patentees in such terms--owing to insufficient knowledge of the geography of the coast--that both William Alexander, earl of Stirling, and Sir Ferdinando Gorges, proprietor of Maine, claimed Martha's Vineyard. In 1641 Stirling's agent, Forrett, sold to Thomas Mayhew (1592-1682),[2] of Watertown, Massachusetts, for $200, the island of Nantucket, with several smaller neighbouring islands, and also Martha's Vineyard. It seems probable that Forrett acted without authority, and his successor, Forrester, was arrested by the Dutch in New Amsterdam and sent to Holland before he could confirm the transfer. In 1644 the Commissioners of the United Colonies, apparently at the request of the inhabitants of Martha's Vineyard, annexed the island to Massachusetts, but ten years later the islanders declared their independence of that colony, and apparently for the next decade managed their own affairs. Meanwhile Mayhew had recognized the jurisdiction of Maine;[3] and though the officials of that province showed no disposition to press their claim, it seems that this technical suzerainty continued until 1664, when the Duke of York received from his brother, Charles II., the charter for governing New York, New Jersey, and other territory, including Martha's Vineyard. In 1671 Governor Francis Lovelace, of New York, appointed Mayhew governor for life of Martha's Vineyard; in 1683, the island, with Nantucket, the Elizabeth Islands, No Man's Land, and Chappaquiddick Island were erected into Dukes county, and in 1695 the county was re-incorporated by Massachusetts with Nantucket excluded. Under the new charter of Massachusetts Bay (1691), after some dispute between Massachusetts and New York, Martha's Vineyard became a part of Massachusetts.

There is a tradition that the first settlement of Martha's Vineyard was made in 1632, at or near the present site of Edgartown village, by several English families forming part of a company bound for Virginia, their ship having put in at this harbour on account of heavy weather. It is certain, however, that in 1642, the year after Thomas Mayhew bought the island, his son, also named Thomas Mayhew (c. 1616-1657), and several other persons established a plantation on the site of what is now Edgartown village. This settlement was at first called "Great Harbor," but soon after Mayhew was appointed governor of the island it was named Edgartown, probably in honour of the only surviving son of the Duke of York. The younger Mayhew, soon after removing to Martha's Vineyard, devoted himself to missionary work among the Indians, his work beginning at about the same time as that of John Eliot; he was lost at sea in 1657 while on his way to secure financial assistance in England, and his work was continued successfully by his father.[4] The township of Edgartown was incorporated in 1671, and is the county-seat of Dukes county. In 1783 several Edgartown families joined the association made up of Martha's Vineyard, Nantucket, Providence and Newport whalers, who founded Hudson, on the Hudson river, in Columbia county, New York. Oak Bluffs had its origin as a settlement in the camp meetings, which were begun here in 1835, and by 1860 had grown to large proportions. As the village expanded it took the name of Cottage City. In 1880 the township was incorporated under that name, which it retained until January 1907, when the name (and that of the village also) was changed to Oak Bluffs. Tisbury township was bought from the Indians in 1669 and was incorporated in 1671. Its principal village, Vineyard Haven, was called "Holmes's Hole" (in honour of one of the early settlers) until 1871, when the present name was adopted. West Tisbury township was set off from Tisbury, and incorporated in 1892. Chilmark township was incorporated in 1694. Gay Head township was set off from Chilmark, and incorporated in 1870.

See C. Gilbert Hine, _The Story of Martha's Vineyard_ (New York,
1908); Charles E. Banks, "Martha's Vineyard and the Province of Maine"
in _Collections and Proceedings_ of the Maine Historical Society, 2nd
series, vol. ix. p. 123 (Portland, Maine, 1898); and Walter S. Tower,
_A History of the American Whale Fishery_ (Philadelphia, 1907).
(G. G.*)

FOOTNOTES:

[1] In the 17th century both "Martha's Vineyard" and "Martin's
Vineyard" were used, and the latter appears in a book as early as
1638 and in another as late as 1699, and on a map as late as 1670. It
seems probable that the original form was _Martin_ the name of one of
Gosnold's crew; according to some authorities the name Martha's
Vineyard was adopted by Mayhew in honour of his wife or daughter.

[2] Mayhew was born at Tisbury, Wiltshire, was a merchant in
Southampton, emigrated to Massachusetts about 1633, settled at
Watertown, Mass., in 1635; was a member of the Massachusetts General
Court in 1636-1644, and after 1644 or 1645 lived on Martha's
Vineyard.

[3] It appears from a letter from Mayhew to Governor Andros in 1675
that about 1641 Mayhew obtained a conveyance to Martha's Vineyard
from Richard Vines, agent of Gorges. See F. B. Hough, _Papers
Relating to the Island of Nantucket, with Documents Relating to the
Original Settlement of that Island, Martha's Vineyard, &c._ (Albany,
N.Y., 1856).

[4] In 1901, a boulder memorial was erected to the younger Mayhew on
the West Tisbury road, between the village of that name and
Edgartown, marking the spot where the missionary bade farewell to
several hundred Indians. The Martha's Vineyard Indians were subject
to the Wampanoag tribe, on the mainland, were expert watermen, and
were very numerous when the whites first came. Nearly all of them
were converted to Christianity by the Mayhews, and they were friendly
to the settlers during King Philip's war. By 1698 their numbers had
been reduced to about 1000, and by 1764 to about 300. Soon after this
they began to intermarry with negroes, and now only faint traces of
them remain.

MARTÍ, JUAN JOSÉ (1570?-1604), Spanish novelist, was born at Orihuela (Valencia) about 1570. He graduated as bachelor of canon law at Valencia in 1591, and in 1598 took his degree as doctor of canon law; in the latter year he was appointed co-examiner in canon law at Valencia University, and held the post for six years. He died at Valencia, and was buried in the cathedral of that city on the 22nd of December 1604. Martí joined the Valencian _Academia de los nocturnos_, under the name of "Atrevimiento," but is best known by another pseudonym, Mateo Luján de Sayavedra, under which he issued an apocryphal continuation (1602) of Alemán's _Guzmán de Alfarache_ (1599). Marti obtained access to Alemán's unfinished manuscript, and stole some of his ideas; this dishonesty lends point to the sarcastic congratulations which Alemán, in the genuine sequel (1604) pays to his rival's sallies: "I greatly envy them, and should be proud that they were mine." Martí's book is clever, but the circumstances in which it was produced account for its cold reception and afford presumption that the best scenes are not original.

It has been suggested that Martí is identical with Avellaneda, the
writer of a spurious continuation (1614) to _Don Quixote_; but he died
before the first part of _Don Quixote_ was published (1605).

MARTIAL (MARCUS VALERIUS MARTIALIS), Latin epigrammatist, was born, in one of the years A.D. 38-41, for in book x., of which the poems were composed in the years 95-98, he is found celebrating his fifty-seventh birthday (x. 24). Our knowledge of his career is derived almost entirely from himself. Reference to public events enables us approximately to fix the date of the publication of the different books of epigrams, and from these dates to determine those of various important events in his life. The place of his birth was Bilbilis, officially Augusta Bilbilis, in Spain. His name seems to imply that he was born a Roman citizen, but he speaks of himself as "sprung from the Celts and Iberians, and a countryman of the Tagus;" and, in contrasting his own masculine appearance with that of an effeminate Greek, he draws especial attention to "his stiff Spanish hair" (x. 65, 7). His parents, Fronto and Flaccilla, appear to have died in his youth (v. 34). His home was evidently one of rude comfort and plenty, sufficiently in the country to afford him the amusements of hunting and fishing, which he often recalls with keen pleasure, and sufficiently near the town to afford him the companionship of many comrades, the few survivors of whom he looks forward to meeting again after his four-and-thirty years' absence (x. 104). The memories of this old home, and of other spots, the rough names and local associations which he delights to introduce into his verse, attest the enjoyment which he had in his early life, and were among the influences which kept his spirit alive in the routine of social life in Rome. But his Spanish home could impart, not only the vigorous vitality which was one condition of his success as a wit and poet, but the education which made him so accomplished a writer. The literary distinction obtained by the Senecas, by Lucan, by Quintilian, who belonged to a somewhat older generation, and by his friends and contemporaries, Licinianus of Bilbilis, Decianus of Emerita, and Canius of Gades, proves how eagerly the novel impulse of letters was received in Spain in the first century of the empire. The success of his countrymen may have been the motive which induced Martial to remove to Rome when he had completed his education. This he did in A.D. 64, one year before the fall of Seneca and Lucan, who were probably his earliest patrons.

Of the details of his life for the first twenty years or so after he came to Rome we do not know much. He published some juvenile poems of which he thought very little in his maturer years, and he laughs at a foolish bookseller who would not allow them to die a natural death (i. 113). Martial had neither youthful passion nor youthful enthusiasm to make him precociously a poet. His faculty ripened with experience and with the knowledge of that social life which was both his theme and his inspiration; and many of his best epigrams are among those written in his last years. From many answers which he makes to the remonstrances of friends--among others to those of Quintilian--it may be inferred that he was urged to practise at the bar, but that he preferred his own lazy Bohemian kind of life. He made many influential friends and patrons, and secured the favour both of Titus and Domitian. From them he obtained various privileges, among others the _semestris tribunatus_, which conferred on him equestrian rank. He failed, however, in his application to the latter for more substantial advantages, although he commemorates the glory of having been invited to dinner by him, and also the fact that he procured the privilege of citizenship for many persons in whose behalf he appealed to him. The earliest of his extant works, that known by the name of _Liber spectaculorum_, was first published at the opening of the Colosseum in the reign of Titus, and relates to the theatrical performances given by him; but the book as it now stands was given to the world in or about the first year of Domitian, i.e. about A.D. 81. The favour of the emperor procured him the countenance of some of the worst creatures at the imperial court--among them of the notorious Crispinus, and probably of Paris, the supposed author of Juvenal's exile, for whose monument Martial afterwards wrote a eulogistic epitaph. The two books, numbered by editors xiii. and xiv., and known by the names of _Xenia_ and _Apophoreta_--inscriptions in two lines each for presents,--were published at the Saturnalia of 84. In 86 he gave to the world the first two of the twelve books on which his reputation rests. From that time till his return to Spain in A.D. 98 he published a volume almost every year. The first nine books and the first edition of book x. appeared in the reign of Domitian; and book xi. at the end of A.D. 96, shortly after the accession of Nerva. A revised edition of book x., that which we now possess, appeared in A.D. 98, about the time of the entrance of Trajan into Rome. The last book was written after three years' absence in Spain, shortly before his death, which happened about the year A.D. 102 or 103.

These twelve books bring Martial's ordinary mode of life between the age of five-and-forty and sixty very fully before us. His regular home for five-and-thirty years was Rome. He lived at first up three pairs of stairs, and his "garret" overlooked the laurels in front of the portico of Agrippa. He had a small villa and unproductive farm near Nomentum, in the Sabine territory, to which he occasionally retired from the bores and noises of the city (ii. 38, xii. 57). In his later years he had also a small house on the Quirinal, near the temple of Quirinus. At the time when his third book was brought out he had retired for a short time to Cisalpine Gaul, in weariness, as he tells us, of his unremunerative attendance on the levées of the great. For a time he seems to have felt the charm of the new scenes which he visited, and in a later book (iv. 25) he contemplates the prospect of retiring to the neighbourhood of Aquileia and the Timavus. But the spell exercised over him by Rome and Roman society was too great; even the epigrams sent from Forum Corneli and the Aemilian Way ring much more of the Roman forum, and of the streets, baths, porticos and clubs of Rome, than of the places from which they are dated. So too his motive for his final departure from Rome in A.D. 98 was a weariness of the burdens imposed on him by his social position, and apparently the difficulties of meeting the ordinary expenses of living in the metropolis (x. 96); and he looks forward to a return to the scenes familiar to his youth. The well-known epigram addressed to Juvenal (xii. 18) shows that for a time his ideal was realized; but the more trustworthy evidence of the prose epistle prefixed to book xii. proves that his contentment was of short duration, and that he could not live happily away from the literary and social pleasures of Rome. The one consolation of his exile was the society of a lady, Marcella, of whom he writes rather as if she were his patroness--and it seems to have been a necessity of his being to have always a patron or patroness--than his wife or mistress.

During his life at Rome, although he never rose to a position of real independence, and had always a hard struggle with poverty, he seems to have known everybody, especially every one of any eminence at the bar or in literature. In addition to Lucan and Quintilian, he numbered among his friends or more intimate acquaintances Silius Italicus, Juvenal, the younger Pliny; and there were many others of high position whose society and patronage he enjoyed. The silence which he and Statius, although authors writing at the same time, having common friends and treating often of the same subjects, maintain in regard to one another may be explained by mutual dislike or want of sympathy. Martial in many places shows an undisguised contempt for the artificial kind of epic on which Statius's reputation chiefly rests; and it seems quite natural that the respectable author of the _Thebaid_ and the _Silvae_ should feel little admiration for either the life or the works of the Bohemian epigrammatist.

Martial's faults are of the most glaring kind, and are exhibited without the least concealment. Living under perhaps the worst of the many bad emperors who ruled the world in the 1st century, he addresses him and his favourites with the most servile flattery in his lifetime, censures him immediately after his death (xii. 6), and offers incense at the shrine of his successor. He is not ashamed to be dependent on his wealthy friends and patrons for gifts of money, for his dinner, and even for his dress. We cannot feel sure that even what seem his sincerest tributes of regard may not be prompted by the hope of payment. Further, there are in every book epigrams which cannot be read with any other feelings than those of extreme distaste.

These faults are so unmistakable and undeniable that many have formed their whole estimate of Martial from them, and have declined to make any further acquaintance with him. Even those who greatly admire his genius, and find the freshest interest in his representation of Roman life and his sketches of manners and character, do not attempt to palliate his faults, though they may partially account for them by reference to the morals of his age and the circumstances of his life. The age was one when literature had either to be silent or to be servile. Martial was essentially a man of letters: he was bound either to gain favour by his writings or to starve. Even Statius, whose writings are in other respects irreproachable, is nearly as fulsome in his adulation. The relation of client to patron had been recognized as an honourable one by the best Roman traditions. No blame had attached to Virgil or Horace on account of the favours which they received from Augustus and Maecenas, or of the return which they made for these favours in their verse. That old honourable relationship had, however, greatly changed between Augustus and Domitian. Men of good birth and education, and sometimes even of high official position (Juv. i. 117), accepted the dole (_sportula_). Martial was merely following a general fashion in paying his court to "a lord," and he made the best of the custom. In his earlier career he used to accompany his patrons to their villas at Baiae or Tibur, and to attend their morning levées. Later on he went to his own small country house, near Nomentum, and sent a poem, or a small volume of his poems, as his representative at the early visit. The fault of grossness Martial shares with nearly all ancient and many modern writers who treat of life from the baser or more ridiculous side. That he offends more than perhaps any of them is not, apparently, to be explained on the ground that he had to amuse a peculiarly corrupt public. Although there is the most cynical effrontery and want of self-respect in Martial's use of language, there is not much trace of the satyr in him--much less, many readers will think, than in Juvenal.

It remains to ask, What were those qualities of nature and intellect which enable us to read his best work--even the great body of his work--with the freshest sense of pleasure in the present day? He had the keenest capacity for enjoyment, the keenest curiosity and power of observation. He had also a very just discernment. It is rare to find any one endowed with so quick a perception of the ridiculous who is so little of a caricaturist. He was himself singularly free from cant, pedantry or affectation of any kind. Though tolerant of most vices, he had a hearty scorn of hypocrisy. There are few better satirists of social and literary pretenders in ancient or modern times. Living in a very artificial age, he was quite natural, hating pomp and show, and desiring to secure in life only what really gave him pleasure. To live one's own life heartily from day to day without looking before or after, and to be one's self without trying to be that for which nature did not intend him, is the sum of his philosophy. Further, while tolerant of much that is bad and base--the characters of Crispinus and Regulus, for instance--he shows himself genuinely grateful for kindness and appreciative of excellence. He has no bitterness, malice or envy in his composition. He professes to avoid personalities in his satire;--"Ludimus innocui" is the character he claims for it. Pliny, in the short tribute which he pays to him on hearing of his death, says, "He had as much good-nature as wit and pungency in his writings" (_Ep._ iii. 21).

Honour and sincerity (_fides_ and _simplicitas_) are the qualities which he most admires in his friends. Though many of his epigrams indicate a cynical disbelief in the character of women, yet others prove that he could respect and almost reverence a refined and courteous lady. His own life in Rome afforded him no experience of domestic virtue; but his epigrams show that, even in the age which is known to modern readers chiefly from the _Satires_ of Juvenal, virtue was recognized as the purest source of happiness. The tenderest element in Martial's nature seems, however, to have been his affection for children and for his dependents.

The permanent literary interest of Martial's epigrams arises not so much from their verbal brilliancy, though in this they are unsurpassed, as from the amount of human life and character which they contain. He, better than any other writer, enables us to revive the outward spectacle of the imperial Rome. If Juvenal enforces the lesson of that time, and has penetrated more deeply into the heart of society, Martial has sketched its external aspect with a much fairer pencil and from a much more intimate contact with it. Martial was to Rome in the decay of its ancient virtue and patriotism what Menander was to Athens in its decline. They were both men of cosmopolitan rather than of a national type, and had a closer affinity to the life of Paris or London in the 18th century than to that of Rome in the days of the Scipios or of Athens in the age of Pericles. The form of epigram was fitted to the critical temper of Rome as the comedy of manners was fitted to the dramatic genius of Greece. Martial professes to be of the school of Catullus, Pedo, and Marsus, and admits his inferiority only to the first. But, though he is a poet of a less pure and genuine inspiration he is a greater epigrammatist even than his master. Indeed the epigram bears to this day the form impressed upon it by his unrivalled skill.

AUTHORITIES.--The MSS. of Martial are divided by editors into three
families according to the recension of the text which they offer. Of
these the oldest and best is represented by three MSS. which contain
only selected extracts. The second family is derived from an inferior
source, a MS. which was edited in A.D. 401 by Torquatus Gennadius; it
comprises four MSS. and contains the whole of the text. The third
family, of which the MSS. are very numerous, also contains the whole
of the text in a recension slightly different from that of the other
two; the best representative of this family is the MS. preserved in
the Advocates' Library at Edinburgh.

The best separate edition of the text is that of Lindsay (Oxford,
1902); earlier editions of importance are those of Schneidewin (1842
and 1853), and of Gilbert (Leipzig, 1886). The best commentary is that
of L. Friedländer (Leipzig, 1886) in two volumes with German notes)
and in the same scholar's _Sittengeschichte Roms_ much will be found
that explains and illustrates Martial's epigrams. There is a large
selection from the epigrams with English notes by Paley and Stone
(1875), a smaller selection with notes by Stephenson (1880); see also
Edwin Post, _Selected Epigrams of Martial_ (1908), with introduction
and notes. The translation into English verse by Elphinston (London,
1782) is famous for its absurdity, which drew an epigram from Burns.
(W. Y. S.)

MARTIALIS, QUINTUS GARGILIUS, a Latin writer on horticultural subjects. He has been identified by some with the military commander of the same name, mentioned in a Latin inscription of A.D. 260 (_C. I. L._ viii. 9047) as having lost his life in the colony of Auzia (_Aumale_) in Mauretania Caesariensis. Considerable fragments of his work (probably called _De hortis_), which treated of the cultivation of trees and vegetables, and also of their medicinal properties, have survived, chiefly in the body of and as an appendix to the _Medicina Plinii_ (an anonymous 4th century handbook of medical recipes based upon Pliny, _Nat. Hist._ xx.-xxxii.). Extant sections treat of apples, peaches, quinces, almonds and chestnuts. Gargilius also wrote a treatise on the tending of cattle (_De curis boum_), and a biography of the emperor Alexander Severus is attributed by two of the Scriptores historiae Augustae (Aelius Lampridius and Flavius Vopiscus) to a Gargilius Martialis, who may be the same person.

BIBLIOGRAPHY.--_Gargilii Martialis ... fragmenta_, ed. A. Mai (1846);
_Plinii secundi quae fertur medicina_, ed. V. Rose (1876); _De curis
boum_, ed. E. Lommatzsch (1903) with Vegetius Renatus's
_Mulomedicina_; "Gargilius Martialis und die Maurenkriege," C.
Cichorius in G. Curtius, _Leipziger Studien_, x. (1887), where the
inscription referred to above is fully discussed: see also
Teuffel-Schwabe, _Hist. of Roman Literature_ (Eng. trans.), § 380.

MARTIAL LAW. "Martial law" is an unfortunate term and in a sense a misnomer. It describes a suspension of ordinary law, rendered necessary by circumstances of war or rebellion. The confusion arose from the fact that the marshal's court administered military law before the introduction of articles of war, which were in their turn merged in the Army Act. But martial law is not a law in the proper sense of the term. It is the exercise of the will of the military commander, who takes upon himself the responsibility of suspending ordinary law in order to ensure the safety of the state. It is declared, by a proclamation issued by the executive, that ordinary law is inadequate to cope with the circumstances, and provides exceptional means of arrest and punishment of persons who resist the government or aid the enemy. But such a proclamation, while invariably issued in order to give publicity to the suspension of ordinary law, does not invest the step with the force of law. It is simply military authority exercised in accordance with the laws and usages of war, and is limited by military necessity. Yet in reality it is part of common law which justifies acts done by necessity for the defence of the commonwealth when there is war. H. W. Halleck in his work on International Law (i. 544), says, "Martial law originates either in the prerogative of the crown, as in Great Britain, or from the exigency of the occasion, as in other states: it is one of the rights of sovereignty, and is essential to the existence of a state, as is the right to declare or to carry on war."

This opinion, however, must be read, as regards the British Empire, with the passage in the Petition of Right which is reproduced in the preamble of each annual Army Act, and asserts the illegality of martial law in time of peace in the following terms:--"No man shall be fore-judged or subjected in time of peace to any kind of punishment within this realm by martial law." Therefore, whilst martial law is declared illegal in time of peace, it is indirectly declared lawful in time of war and intestinal commotion when the courts are closed, or when there is no time for their cumbrous action. C. M. Clode, in _Military Forces of the Crown_, argues that the words of the Petition of Right and of the Military Act since the reign of Anne are plain in this respect "that ... the crown possesses the right of issuing commissions in war and rebellion." But he rightly adds that the military commander may permit the usual courts to continue their jurisdiction upon such subjects as he thinks proper. Legislative enactments have also sanctioned this special jurisdiction at various times, notably in 1798, 1799, 1801, and in 1803. These enactments lay down that exceptional powers may be exercised "whether the ordinary courts shall or shall not be open." As an invariable rule an act of indemnity has been passed on the withdrawal of martial law, but only to protect any person in charge of the execution of martial law who has exceeded his powers in good faith.

There has been much discussion as to whether, in districts where martial law has not been proclaimed, a person can be sent for trial from such district into a district where martial law was in operation. It is argued that if the ordinary courts were open and at work in the non-proclaimed district recourse should be had to them. The Privy Council in 1902 (_re_ Marais) refused leave to appeal where the Supreme Court of Cape Colony had declined to issue a writ of Habeas Corpus in these circumstances. Mr Justice Blackburn in his charge in _R._ v. _Eyre_ says, "I have come to the conclusion that, looking at what martial law was, the bringing of a person into the proclaimed district to be tried might, in a proper case, be justified." The learned judge admits that there should be a power of summary trial, observing all the substantials of justice, in order to stamp out an insurrection by speedy trial.

Whilst martial law is the will of the commanders, and is only limited by the customs of war and the discretion of those who administer it, still, as far as practicable, the procedure of military law is followed, and a military court is held on the same lines as a court-martial. Charges are simply framed without technicalities. The prisoner is present, the evidence of prosecution and prisoner is taken on oath, the proceedings are recorded, and the sentence of the court must be confirmed according to the rules of the Army Act. Sentences of death and penal servitude must be referred to headquarters for confirmation. In the South African War (1899-1902) these limits of procedure were observed, and when possible will always be.

Different Applications of Martial Law.

Entering more into detail, the term martial law has been employed in several senses:--(1) As applied to the military forces of the crown, apart from the military law under the old Mutiny Acts, and the present annual Army Acts. (2) As applied to the enemy. (3) As applied to rebels. (4) As applied to civilian subjects who are not in rebellion, but in a district where the ordinary course of civil life cannot be maintained owing to war or rebellion.

1. In regard to the military forces of the crown, the superseding of justice as administered under the Army Act could only occur in a time of great need; e.g. mutiny of five or six regiments in the field, with no time to take the opinion of any executive authority. The officer in command would then be bound to take measures for the purpose of suppressing such mutiny, even to putting soldiers to death if necessary. It would be a case where necessity forced immediate action.

2. Martial law as applied to the enemy or the population of the enemy's country, is in the words of the duke of Wellington, "the will of the general of the army, though it must be administered in accordance with the customs of war."

3, 4. But it is as affecting the subjects of the crown in rebellion that the subject of martial law really obtains its chief importance; and it is in this sense that the term is generally used; i.e. the suspension of ordinary law and the temporary government of the country, or parts of it, or all of it, by military tribunals. It has often been laid down that martial law in this sense is unknown to the law of England. A. V. Dicey, for instance, restricts martial law to only another expression for "the common right of the crown and its servants to repel force by force, in the case of invasion, insurrection, or riot, or generally of any violent resistance." But more than this is understood by the term martial law.

When the proposition was laid down that martial law in this sense is unknown to the law of England, it is to be remembered that fortunately in England there never had been a state at all similar to that prevailing in Cape Colony in 1900-1902, and it may perhaps be questioned whether the statement would have been made with such certainty if similar events had been present to the writers' minds.

In the charge delivered by Mr Justice Blackburn in the Jamaica case the law as affecting the general question of martial law is well set out.

"By the laws of this country," said Mr Justice Blackburn, "beginning
at Magna Carta and getting more and more established, down to the time
of the Revolution, when it was finally and completely established, the
general rule was that a subject was not to be tried or punished except
by due course of law; all crimes are to be determined by juries
subject to the guidance of the judge; that is the general rule, and is
established law. But from the earliest times there was this also which
was the law, and is the law still, that when there was a foreign
invasion or an insurrection, it was the duty of every good subject, in
obedience to the officers and magistrates, to resist the rebels, ...
in such a case as that of insurrection prevailing so far that the
courts of law cannot sit, there must really be anarchy unless there is
some power to keep the people in order, ... before that principle the
crown claimed the prerogative to exercise summary proceedings by
martial law ... in time of war when this disturbance was going on,
over others than the army. And further than that, the crown made this
further claim against the insurgents, that whilst it existed, pending
the insurrection and for a short time afterwards, the crown had ...
the power to proclaim martial law in the sense of using summary
proceedings, to punish the insurgents and to check and stop the spread
of the rebellion by summary proceedings against the insurgents, so as
... to stamp out the rebellion. Now no doubt the extent to which the
crown had power to do that has never been yet decided. Our law has
been declared from time to time and has always been a practical
science, that is, the judges have decided so much as was necessary for
the particular case, and that has become part of the law. But it never
has come to be decided what this precise power is."

So far as the United Kingdom is concerned the need has never arisen. It has always been found possible to employ the ordinary courts directly the rebels have been defeated in the field and have been made prisoners or surrendered. "Fortunately in England only three occasions have arisen since the Revolution when the authority of the civil power was for a time, and then only partially, suspended," 1715, 1745 and 1780. Clode, _Military Forces_, ii. 163, says: "Upon the threat of invasion followed by rebellion in 1715, the first action of the government was to issue a proclamation authorizing all officers, civil and military, by force of arms (if necessary) to suppress the rebellion." This, therefore, would only seem to fall within the limited sense in which Dicey understands martial law to be legal, "the right of the crown and its servants to repel force by force." There was no attempt to bring persons before courts-martial who ought to be tried by the common law, and all the extraordinary acts of the crown were sanctioned by parliament. After the rebellion had been suppressed two statutes were passed, one for indemnity and the other for pardon. Before the revolution of 1745 similar action was adopted, a proclamation charging civil magistrates to do their utmost to prevent and suppress all riots, and acts of parliament suspending Habeas Corpus, providing for speedy trials; and of indemnity. In the Gordon Riots of 1780 a very similar course was pursued, and nothing was done which would not fall within Dicey's limitation. No prisoners were tried by martial law.

In Ireland the ordinary law was suspended in 1798-1801 and in 1803. In 1798 an order in Council was issued to all general officers commanding H.M. forces to punish all persons acting in, aiding, or in any way assisting the rebellion, according to _martial law_, either by death or otherwise, as to them should seem expedient for the suppression and punishment of all rebels; but the order was communicated to the Irish houses of parliament, who expressed their approval by addresses to the viceroy. It was during the operation of this order that Wolfe Tone's case arose. Tone, a subject of the king, was captured on board a French man-of-war, and condemned to death by a court-martial. Curran, his counsel, applied to the king's bench at Dublin for a Habeas Corpus, on the grounds that only when war was raging could courts-martial be endured, not while the court of king's bench sat. The court granted his application; but no ultimate decision was ever given, as Tone died before it could be arrived at.

In 1799 application was made to parliament for express sanction to martial law. The preamble of the act declared that "The Rebellion still continues ... and stopped the ordinary course of justice and of the common law; and that many persons ... who had been taken by H.M. forces ... have availed themselves of such partial restoration of the ordinary course of the common law to evade the punishment of their crimes, whereby it had become necessary for parliament to interfere." The act declared that martial law should prevail and be put in force whether the ordinary courts were or were not open, &c. And nothing in the act could be held to take away, abridge or eliminate the acknowledged prerogative of war, for the public safety to resort to the exercise of martial law against open enemies or traitors, &c.

After the suppression of the rebellion an act of indemnity was passed in 1801.

In 1803 a similar act was passed by the parliament of the United Kingdom as it was after the Act of Union. In introducing it Mr Pitt stated: "The bill is not one to enable the government in Ireland to declare martial law in districts where insurrection exists, for that is a power which His Majesty already possesses--the object will be to enable the lord-lieutenant, when any persons shall be taken in rebellion, to order them to be tried immediately by a court-martial."

During the 19th century martial law was proclaimed by the British
government in the following places:--

1. Barbados, 1805-1816.
2. Demerara, 1823.
3. Jamaica, 1831-1832; 1865.
4. Canada, 1837-1838.
5. Ceylon, 1817 and 1848.
6. Cephalonia, 1848.
7. Cape of Good Hope, 1834; 1849-1851.
8. St Vincent, 1863.
9. South Africa, 1899-1901.

The proclamation was always based on the grounds of necessity, and
where any local body of a representative character existed it would
seem that its assent was given, and an act of indemnity obtained after
the suppression of the rebellion. (Jno. S.)