Chapter XLV: Section 6: , quoted above, gave rise to an immense amount of (4)

Sacred
To the memory of
Nathaniel Godbold Esq,
inventor & Proprietor
of that excellent medicine
The Vegetable Balsam
For the Cure of Consumptions & Asthmas.
He departed this Life
The 17th. day of Decr. 1799
Aged 69 years.
Hic Cineres, ubique Fama.

The preparation of advertisements for the periodical press has within the last twenty years or so become so important a task that a great number of writers and artists--many of the latter possessing considerable abilities--gain a livelihood from this pursuit. The ingenuity displayed in modern newspaper advertising is unquestionably due to American initiative. The English newspaper advertisement of twenty years ago consisted for the most part of the mere reiteration of a name. An advertiser who took a column's space supplied enough matter to fill an inch, and ingenuously repeated his statement throughout the column. Such departures from this childlike method as were made were for the most part eccentric to the point of incoherence. It may, however, be said in defence of English advertisers, that newspaper publishers for a long time sternly discountenanced any attempt to render advertisements attractive. So long as an advertiser was rigidly confined to the ordinary single-column measure, and so long as he was forbidden to use anything but the smallest sort of type, there was very little opportunity for him to attract the reader's attention. The newspaper publisher must always remember that the public buy a newspaper for the sake of the news, not for the sake of the advertisements, and that if the advertisements are relegated to a position and a scope, in respect of display, so inferior that they may be overlooked, the advertiser cannot afford to bear his share of the cost of publication. Of late The Times, followed by almost all newspapers in the United Kingdom, has given the advertiser as great a degree of liberty as he really needs, and many experienced advertisers in America incline to the belief that the larger licence accorded to American advertisers defeats its own ends. The truth would seem to be that the advertiser will always demand, and may fairly expect, the right to make his space as fantastic in appearance as that allotted to the editor. When some American editors see fit to print a headline in letters as large as a man's hand, and to begin half-a-dozen different articles on the first page of a newspaper, continuing one on page 2, another on page 4, and another on page 6, to the bewilderment of the reader, it can hardly be expected that the American advertiser should submit to any very strict code of decorum. The subject of the relation between a newspaper proprietor and his advertisers cannot be dismissed without reference to the notable independence of advertisers' influence, which English and American newspaper proprietors authorize their editors to display. Whenever an insurance company or a bank goes wrong, the cry is raised that all the editors in Christendom had known for years that the directors were imbeciles and rogues, but had conspired to keep mute for the sake of an occasional advertisement. When the British public persisted, not long ago, in paying premium prices for the shares of over-capitalized companies, the crash had no sooner come than the newspapers were accused of having puffed promotions for the sake of the money received for publishing prospectuses. As a matter of fact, in the case of the best dailies in England and America, the editor does not stand at all in awe of the advertiser, and time after time the Money Article has truthlessly attacked a promotion of which the prospectus appeared in the very same issue. It is indeed to the interest of the advertiser, as well as to the interest of the reader, that this independence should be preserved, for the worth of any journal as an advertising medium depends upon its possessing a bona fide circulation among persons who believe it to be a serious and honestly conducted newspaper. All advertisers know that the minor weeklies, which contain nothing but trade puffs, and are scattered broadcast among people who pay nothing for their copies, are absolutely worthless from the advertiser's point of view. The most striking difference between the periodical press of Great Britain and that of America is, that in the former country the magazines and reviews play but a secondary role, while in the United States the three or four monthlies possessing the largest circulation are of the very first importance as advertising mediums. One reason for this is that the advertisements in an American magazine are printed on as good paper, and printed with as great care, as any other part of the contents. There are probably very few among American magazine readers who do not habitually look through the advertising pages, with the certainty that they will be entertained by the beauty of the advertiser's illustrations and the quaint curtness of his phrases. Another reason is that the American monthly magazine goes to all parts of the United States, while, owing to the time required for long journeys on even the swiftest trains, no American daily paper can have so general a circulation as The Times in the United Kingdom. In comparison with points on the Pacific coast, Chicago does not seem far from New York, yet, with the exception of one frenzied and altogether unsuccessful attempt, no New York daily has ever attempted to force a circulation in Chicago. The American advertiser would, therefore, have to spend money on a great number of daily papers in order to reach as widespread a public as one successful magazine offers him.

There is reason to believe that the English magazine publishers have erred gravely in taking what are known in the trade as ``insets,'' consisting of separate cards or sheets printed at the advertiser's cost, and accepted by the publisher at a specific charge for every thousand copies. This system of insetting has the grave inconvenience that the advertiser finds himself compelled to print as many insets as the publisher asserts that he can use. The publisher, on the other hand, is somewhat at the mercy of too enthusiastic agents and employes, who estimate over-confidently the edition of the periodical which will probably be printed for a certain month, and advertisers have had reason to fear that many of their insets were wasted. The added weight and bulk of the insets cause inconvenience and expense to the newsdealer, as two or three insets printed upon cardboard are equivalent to at least sixteen additional pages. Some newsdealers have further complicated the inset question by threaten. ing to remove insets unless special tribute be paid to them; and with all these difficulties to be considered, many magazine publishers have seriously considered the advisability of altogether discontinuing the practice of taking insets, and of confining their advertisements to the sheets they themselves print. In connexion with this subject, it may be added that many readers habitually shake loose hills out of a magazine before they begin to turn the pages, and that railway stations, railway carriages and even public streets are thus littered with trampled and muddy advertisements. The old practice of distributing handbills in the streets is dying a natural death, more or less hastened by local by-laws, and when the loose bills in magazines and cheap novels have ceased to exist no one will be the loser. Advertisements in the weekly press are on the whole more successful in England than in America. A few American weeklies cope successfully with the increasing competition of the huge Sunday editions of American daily papers. But even the most successful among them--a paper for boys--has hardly attained the prosperity of some among its English contemporaries in the field of weekly journalism.

The merchant who turns to these pages for practical suggestions concerning the advertising of his own business, can be given no better advice than to betake himself to an established advertising agent of good repute, and be guided by his counsels. The chief part that he can himself play with advantage is to note from day to day whether the agent is obtaining advantageous positions for his announcements. Every advertiser will naturally prefer a right-hand page to a left-hand page, and the right side of the page to the left side of the page; while the advertiser who most indefatigably urges his claims upon the agent will, in the long run, obtain the largest share of the favours to be distributed. To the merchant who inclines to consider advertising in connexion with the broader aspects of his calling, it may be suggested that a new channel of trade demands very serious attention. What is called in England ``postal trade,'' and in America ``mail order business,'' is growing very rapidly. Small dealers in both countries have complained very bitterly of the competition they suffer from the general dealers and from stores made up of departments which, under one roof, offer to the consumer every imaginable sort of merchandise. This general trading, which, on the one hand, seriously threatens the small trader, and on the other hand offers greater possibilities of profit to the proportionately small number of persons who can undertake business on so large a scale, becomes infinitely more formidable when the general dealer endeavours not only to attract the trade of a town, but to make his place of business a centre from which he distributes by post his goods to remote parts of the country. In America, where the weight of parcels carried by post is limited to 4 lb., and where the private carrying companies are forced to charge a very much higher rate for carriage from New York to California than for shorter distances, the centralization of trade is necessarily limited; but it is no secret that, at the present moment, persons residing in those parts of the United Kingdom most remote from London habitually avail themselves of the English parcel post, which carries packages up to 11 lb. in order to procure a great part of their household supplies direct from general dealers in London. A trading company, which conducts its operations upon such a scale as this, can afford to spend an almost unlimited sum in advertising throughout the United Kingdom, and even the trader who offers only one specific class of merchandise is beginning to recognize the possibility of appealing to the whole country.

Legal regulation.

The following is a brief summary of the laws and regulations dealing with advertisements in public places in certain of the countries of Continental Europe and in the United States of America, the chief authority for which is an official return issued by the British Home Office in 1903.

France.--The permission of the owner is alone required for the placing of advertisements on private buildings; but buildings, walls, &c., belonging to the government or local authorities are reserved exclusively for official notices, &c.; these alone can be printed on white paper, all others must be on coloured paper. Municipal authorities control the size, construction, &c., of hoardings used for advertising purposes, and the police have full powers over the exhibition of indecent or other objectionable advertisements. The Societe pour la protection des paysages, founded in 1901, has for one of its objects the prevention of advertisements which disfigure the scenery or are otherwise objectionable.

Germany.--By sec. 43 of the Imperial Commercial Ordinance permission to post any trade advertisement in a public street, square, &c., must be first obtained from the local police. The police also control (by sec. 55 of the Imperial Press Law 1874) advertisements which are not of a trade character, but this regulation does not affect the right of the federal legislatures to make regulations in regard to them (sec. 30). It would be impossible to give in any detail the police regulations as to advertisements which exist, e.g. in Prussia, but the following rules in force in Berlin may be given:--Public advertisements in public streets and places may be posted only on the appliances, such as pillar posts, &c., provided for the purpose. Owners of property may post advertisements on their own property but only such as concern their own interests. Advertisements on public conveyances are forbidden. In 1902 a Prussian law was passed authorizing the police to forbid all advertisement hoardings, &c., which would disfigure particularly beautiful landscapes in rural districts. The Hesse-Darmstadt Act of 1902 prohibits the placing of any advertisements, posters, &c., on a monument officially protected under the act, if it would be likely to injure the appearance of the monument. As instances of the numerous local provisions against the abuse of advertising may be cited provisions against the abuse of advertising may be cited those of Augsburg and Lubeck, by Which any advertisement that would injure the Stadtbild or appearance of the town may be prohibited and removed by the local authority (see G. Baldwin Brown, The Care of Ancient Monuments, 1905). Full powers exist under the Imperial Criminal Code for the suppression of indecent or objectionable advertisements.

Austria.---Permission of the police is required for the exhibition of printed notices in public places other than such as are of purely local or industrial interest, such as notices of entertainment, leases, sales, &c., or theatre programmes, and these can only be shown in places approved by the local authorities (Press Law 1862). The press-police act as advertisement censors and determine whether an advertisement can be allowed or not. In Hungary there are no general laws or regulations, but the municipalities have power to issue ordinances dealing with the question.

Italy.--All control rests with the municipal and communal authorities, who may decide on the places where advertisements may or may not be posted, and can prevent hoardings being placed on or near ancient monuments or public buildings. Switzerland.---The Federal Government has no authority to deal with this question; certain of the cantons have regulations, e.g. Lucerne prohibits the public advertising of inferior goods by means of a false description, Basel-Stadt gives the police the power of censoring all advertisements. Many of the communal authorities throughout Switzerland have special restrictions and regulations. In Zurich the police choose the advertising stations, in Berne the municipality possesses a monopoly of the right of erecting advertisements. The Society known as the Ligue pour la conservation de la Suisse pittoresque or Schweitzerischer Heimatschutz has for one of its objects the preservation of scenery from disfiguring advertisements.

United States.---There is no federal legislation on the subject, the matter being one for regulation by the states, which in most cases have left it to the various municipalities and other local authorities. With regard to indecent and objectionable advertisements some states have special legislation on the matter, others are content with the ordinary criminal laws or police powers or with the law of nuisance or of trespass. Thus control can be exercised over such advertisements as are dangerous to public safety, health or morals. The state of New York prohibits advertisements of lotteries. It would be impossible to give in detail the different laws and regulations passed in the various states or by municipalities. The following are some of the more striking measures adopted in certain of the states. In Massachusetts no advertising signs or devices are allowed on the public highways. Power has been granted to city and town authorities to regulate advertisements in, near or visible from public parks. In the District of Columbia no advertisement is allowed which obstructs a highway, and all distribution of handbills, circulars, &c., in public streets, parks, &c., is prohibited. This prohibition against what are generally known as ``dodgers'' is very general in the local regulations throughout the states. In Illinois, city councils are empowered on the incorporation of the city to regulate and prevent the use of streets, sidewalks and public grounds for signs, handbills and advertisements, &c., and also the exhibition of banners, placards, in the streets or sidewalks. Chicago has a body of most stringent rules, but they apparently have been found impossible to enforce; thus no advertisement board more than 12 ft. square within 400 ft. of a public park or boulevard, no advertisements other than small ones relating to the business carried on in the premises where the advertisement is posted, or of sales, &c., are allowed in streets where three-quarters of the houses are ``residences'' only. Prohibition is also extended to the advertisements of those professing to cure diseases or giving notice of the sale of medicines. In Boston there are regulations prohibiting projecting or overhanging signs in the streets, and special rules as to the height at which street signs and advertisements must be placed. The distribution of ``dodgers'' in the streets is prohibited. Advertisements for places of amusement must be approved by the committee on licences.

Taxation.

France, Belgium, Italy and certain of the cantons in Switzerland impose a tax on advertisements, as do certain of the United States of America, where the form is usually that of a licence duty on billposters or advertising agencies. In many cases in the United States this is imposed by the municipalities. In every case both in Europe and America advertisements in newspapers are not subject to any tax. With regard to the literature of advertising, in addition to the historical article in the Edinburgh Review for February 1843, already mentioned, and that in the Quarterly Review for June 1855, the Society for Checking the Abuses of Public Advertising issue a journal, A Beautiful World. The Journal of the Society of Comparative Legislation (N.S. xvi. 1906) contains an article by W.J.B. Byles on Foreign Law and the Control of Advertisements in Public Places. The advertisers' handbooks, issued by the leading advertising agents, will also be found to contain practical information of great use to the advertiser. (H. R. H.*; C. WE.)

ADVICE (Fr. avis, from Lat. ad, to, and visum, viewed), counsel given after consideration, or information from a distance giving particulars of something prospective ( e.g. ``advice'' of an imminent battle, or of a cargo due). In commerce it is a common word for a formal notice from one person concerned in a transaction to another.

ADVOCATE (Lat. advocatus, from advocare, to summon, especially in law to call in the aid of a counsel or witness, and so generally to summon to one's assistance), a lawyer authorized to plead the causes of litigants in courts of law. The word is used technically in Scotland (see ADVOCATES, FACULTY OF) in a sense virtually equivalent to the English term barrister, and a derivative from the same Latin source is so used in most of the countries of Europe where the civil law is in force. The word advocatus is not often used among the earlier jurists, and appears not to have had a strict meaning. It is not always associated with legal proceedings, and might apparently be applied to a supporter or coadjutor in the pursuit of any desired object. When it came to be applied with a more specific limitation to legal services, the position of the advocatus was still uncertain. It was different from, and evidently inferior to, that of the juris-consultus, who gave his opinion and advice in questions of law, and may be identified with the consulting counsel of the present day. Nor is the merely professional advocate to be confounded with the more distinguished orator, or patronus, who came forward in the guise of the disinterested vindicator of justice. This distinction, however, appears to have arisen in later times, when the profession became mercenary. By the lex Cineia, passed about two centuries B.C., and subsequently renewed, the acceptance of remuneration for professional assistance in lawsuits was prohibited. This law, like all others of the kind, was evaded. The skilful debater was propitiated with a present; and though he could not sue for the value of his services, it was ruled that any honorarium so given could not be demanded back, even though he died before the anticipated service was performed. The traces of this evasion of a law may be found in the existing practice of rewarding counsel by fees in anticipation of services. The term advocatus came eventually to be the word employed when the bar had become a profession, and the qualifications, admission, numbers and fees of counsel had become a matter of state regulation, to designate the pleaders as a class of professional men, each individual advocate, however, being still spoken of as patron in reference to the litigant with whose interest he was entrusted. The advocatus fisci, or fiscal advocate, was an officer whose function, like that of a solicitor of taxes at the present day, was connected with the collection of the revenue. The lawyers who practised in the English courts of common law were never officially known as advocates, the word being reserved for those who practised in the courts of the civil and canon law (see DOCTORS' COMMONS). There was formerly an important official termed his majesty's advocate-general, or more shortly, the king's advocate, who was the principal law officer of the crown in the College of Advocates or Doctors' Commons, and in the admiralty and ecclesiastical courts. He discharged for these courts the duties which correspond to those of the solicitor of the treasury (see SOLICITOR). His opinion was taken by the foreign office on international matters, and on high ecclesiastical matters he was also consulted; all orders in council were submitted to him for approval. The office may now be said to be obsolete, for after the resignation of Sir Travers Twiss, the last holder, in 1872, it was not filled up. There was also a second law officer of the crown in the admiralty court called the admiralty advocate. This office has long been vacant. Advocate is also the title still in use in some of the British colonies to denote the chief law officer of the crown there. For instance, in Sierra Leone (until 1896), Lagos and Cyprus he is called the king's advocate; in Malta, crown advocate; in Mauritius, procureur and advocate-general, and in the provinces of India advocate-general. In France, the avocats, as a body, were reorganized under the empire by a decree of the 15th of December 1830. There is, however, a distinction between avocats and avoues. The latter, whose number is limited, act as procurators or agents, representing the parties before the tribunals, draft and prepare for them all formal acts and writings, and prepare their lawsuits for the oral debates. The office of the avocat, on the other hand, consists in giving advice as to the law, and conducting the causes of his clients by written and oral pleadings. The number of avocats is not limited; every licentiate of law being entitled to apply to the corporation of avocats attached to each court, and after presentation to the court, taking the oath of office and passing three years in attendance on some older advocate, to have himself recognised as an advocate.

In Germany the advocat no longer forms a distinct class of lawyer. Since 1879, when a sweeping judicature act (Deutsche Justizgesetzgebung) reconstituted the judicial system, the advocat in his character of adviser, as distinguished from the procurator, who formerly represented the client in the courts, has become merged in the Rechtsanwalt, who has the dual character of counsellor and pleader.

The advocates ecclesiae.

In the middle ages the word advocatus (Fr. avoue, Ger. Vogt) was used on the continent as the title of the lay lord charged with the protection and representation in secular matters of an abbey. The office is traceable as early as the beginning of the 5th century in the Roman empire, the churches being allowed to choose defensores from the body of advocates to represent them in the courts. In the Frankish kingdom, under the Merovingians, these lay representatives of the churches appear as agentes, defensores and advocati; and under the Carolingians it was made obligatory on bishops, abbots and abbesses to appoint such officials in every county where they held property. The office was not hereditary, the advocatus being chosen, either by the abbot alone, or by the abbot and bishop concurrently with the count. The same causes that led to the development of the feudal system also affected the advocatus. In times of confusion churches and abbeys needed not so much a legal representative as an armed protector, while as feudal immunities were conceded to the ecclesiastical foundations, these required a representative to defend their rights and to fulfil their secular obligations to the state, e.g. to lead the ecclesiastical levies to war. A new class of advocatus thus arose, whose office, commonly rewarded by a grant of land, crystallized into a fief, which, like other fiefs, had by the beginning of the 11th century become hereditary.

The French avoue.

In France the advocati (avoues) were of two classes.--(1) great barons, who held the advocateship of an abbey or abbeys rather as an office than a fief, though they were indemnified for the protection they afforded by a domain and revenues granted by the abbey: thus the duke of Normandy was adpoeatus of nearly all the abbeys in the duchy; (2) petty seigneurs, who held their avoueries as hereditary fiefs and often as their sole means of subsistence. The avoue of an abbey, of this class, corresponded to the vidame (q.v.) of a bishop. Their function was generally to represent the abbot in his capacity as feudal lord; to act as his representative in the courts of his superior lord; to exercise secular justice in the abbot's name in the abbatial court; to lead the retainers. Of the abbey to battle under the banner of the patron saint.

In England.

In England the word advocatus was never used to denote an hereditary representative of an abbot; but in some of the larger abbeys there were hereditary stewards whose functions and privileges were not dissimilar to those of the continental advocati. The word advocatus, however, was in constant use in England to denote the patron of an ecclesiastical benefice, whose sole right of any importance was an hereditary one of presenting a parson to the bishop for institution. In this way the hereditary right of presentation to a benefice came to be called in English an ``advowson'' (advocatio). The advocatus played a more important part in the feudal polity of the Empire and of the Low Countries than in France, where his functions, confined to the protection of the interests of religious houses, were superseded from the 13th century onwards by the growth of the central power and the increasing efficiency of the royal administration. They had, indeed, long ceased to be effective for their original purpose; and from the time when their office became a fief they had taken advantage of their position to pillage and suppress those whom it was their function to defend. The medieval records, not in France only, are full of complaints by abbots of their usurpations, exactions and acts of violence.

The German Vogt.

In Germany the title of advocatus ( Vogt) was given not only to the advocati of churches and abbeys, but to the officials appointed, from early in the middle ages, by the emperor to administer their immediate domains, in contradistinction to the counts, who had become hereditary princes of the Empire. The territory so administered was known as Vogtland (terra advocatorum), a name still sometimes employed to designate the strip of country which embraces the principalities of Reuss and adjacent portions of Saxony, Prussia and Bavaria. These imperial advocati tended in their turn to become hereditary. Sometimes the emperor himself assumed the title of Vogt of some particular part of his immediate domain. In the Netherlands as well as in Germany advocati were often appointed in the cities, by the overlord or by the emperor, sometimes to take the place of the bailiff (Ger. Schultheiss, Dutch schout, Lat. scultetus), sometimes alongside this official.

See Du Cange, Glossarium (ed. 1883, Niort), s. ``Advocati''; A. Luchaire, Manuel des institutions francaises (Paris, 1892); Herzog Hauck, Realencyklopadie (ed. Leipzig, 1896), s. ``Advocatus ecclesiae,'' where further references will be found.

ADVOCATES, FACULTY OF, the collective term by which what in England are called barristers are known in Scotland. They professionally attend the supreme courts in Edinburgh; but they are privileged to plead in any cause before the inferior courts, where counsel are not excluded by statute. They may act in cases of appeal before the House of Lords; and in some of the British colonies, where the civil law is in force, it is customary for those who practise as barristers to pass as advocates in Scotland. This body has existed by immemorial custom. Its privileges are constitutional, and are founded on no statute or charter of incorporation. The body formed itself gradually, from time to time, on the model of the French corporations of avocats, appointing like them by a general vote, a dean or doyen, who is their principal officer. It also differs from the English and Irish societies in that there is no governing body similar to the benchers, nor is there any resemblance to the quasi-collegiate discipline and the usages and customs prevailing in an inn of court. No curriculum of study, residence or professional training was, until 1856, required on entering this profession; but the faculty have always had the power, believed to be liable to control by the Court of Session, of rejecting any candidate for admission. The candidate undergoes two private examinations --the one in general scholarship, in lieu of which, however, he may produce evidence of his having graduated as master of arts in a Scottish university, or obtained an equivalent degree in an English or foreign university; and the other, at the interval of a year, in Roman, private international and Scots law, He must, before the latter examination, produce evidence of attendance at classes of Scots law and conveyancing in a Scottish university, and at classes of civil law, public or international law, constitutional law and medical jurisprudence in a Scottish or other approved university. He has then to undergo the old academic form of the public impugnment of a thesis on some title of the pandects; but this ceremony, called the public examination, has degenerated into a mere form. A large proportion of the candidate's entrance fees (amounting to L. 339) is devoted to the magnificent library belonging to the faculty, which literary investigators in Edinburgh find so eminently useful.

ADVOCATUS DIABOLI, devil's advocate, the name popularly given to the promoter of the Faith (promotor fidei), and officer of the Sacred Congregation of Rites at Rome, whose duty is to prepare all possible arguments against the admission of any one to the posthumous honours of beatification and canonization. This functionary is first formally mentioned under Leo X.(1513- 1521) in the proceedings in connexion with the canonization of St Lorenzo Giustiniani. In 1631 Urban VIII. made his presence, either in person or by deputy, necessary for the validity of any act connected with the process of beatification or canonization (see CANONISATION). The phrase, ``devil's advocate,'' has by an easy transference come to be used of any one who puts himself up, or is put up, for the sake of promoting debate, to argue a case in which he does not necessarily believe.

ADVOWSON, or @ADVOWZEN (through O. Fr. advouson, from Lat. advocatio, a summons to), the right of presentation to a vacant ecclesiastical benefice, so called because the patron defends or advocates the claims of the person whom he presents. At what period the right of advowson arose is uncertain; it was probably the result of gradual growth. The earliest trace of the practice is found in the decree of the council of Orange, A.D. 441, which allowed a bishop, who had built a church in the diocese of another bishop, to nominate the clerk, but not to consecrate the church. The 123rd Novel of Justinian, promulgated about the end of the 5th century, decreed ``that if any man should erect an oratory, and desire to present a clerk thereto by himself or his heirs, if they furnish a competency for his livelihood, and nominate to the bishop such as are worthy, they may be ordained.'' The 57th Novel empowered the bishop to examine them and judge of their qualifications, and, where those were sufficient, obliged him to admit the clerk. In England, for quite two centuries after its conversion, the clergy administered only pro tempore in the parochial churches, receiving their maintenance from the cathedral church, all the appointments within the diocese lying with the bishop. But in order to promote the building and endowment of parochial churches those who had contributed to their erection either by a grant of land, by building or by endowment, became entitled to present a clerk of their own choice to the bishop, who was invested with the revenues derived from such contribution. After the Norman Conquest, when the boundaries between church and state were more clearly marked, it became usual for patrons to appoint to livings not only without the consent, but even against the will, of the bishops.

Advowsons are divided into two kinds, appendant and in gross. Originally the right of nominating1 or presenting was annexed to the person who built or endowed the church, but the right gradually became annexed to the manor in which it was built, for the endowment was considered parcel of the manor, the church being built for the use of the inhabitants, and the tithes of the manor being attached to the church. Consequently where the right of patronage (the right of the patron to present to the bishop the person whom he has nominated to become rector or vicar of the parish to the benefice of which he claims the right of advowson) remains attached to the manor, it is called an advowson appendant, and passes with the estate by inheritance or sale without any special conveyance. But where, as is often the case, the right of presentation has been sold by itself, and so separated from the manor, it is called an advowson in gross. An advowson may also be partly appendant, and partly in gross, e.g. if an owner granted to another every second presentment, the advowson would be appendant for the grantor's turn and in gross for the grantee's.

Advowsons are further distinguished into presentative and collative. In a presentative advowson, the patron presents a clergyman to the bishop, with the petition that he be instituted into the vacant living. The bishop is bound to induct if he find the clergyman canonically qualified, and a refusal on his part is subject to an appeal to an ecclesiastical court either by patron or by presentee. In a collative advowson the bishop is himself the patron, either in his own right or in the right of the proper patron, which has lapsed to him through not being exercised within the statutory period of six months after the vacancy occurred. No petition is necessary in this case, and the bishop is said to collate to the benefice. Before 1898 there were also donative advowsons, but the Benefices Act 1898 made all donations with cure of souls presentative. In a donative advowson, the sovereign, or any subject by special licence from the sovereign, conferred a benefice by a simple letter of gift, without any reference to the bishop, and without presentation and institution. The incumbent of such a living was to a great extent free from the jurisdiction of the bishop, who could only reach him through the action of an ecclesiastical court. The Benefices Act of 1898 did not make any substantial change in the legal character of advowsons, which remain practically the same as before the act. Briefly, it prevents the dealing with the right of presentation as a thing apart from the advowson itself; increases the power of the bishops to refuse the presentation of unfit persons, and removes several abuses which had arisen in the transfer of patronage. Under the previously existing law, simony, or ``the corrupt presentation of any person to an ecclesiastical benefice for gift, money or reward,'' renders the presentation void, and subjects the persons privy or party to it to penalties; a presentation to a vacant benefice cannot be sold, and no clerk in holy orders can purchase for himself a next presentation. An advowson may, however, be sold during a vacancy, though that will not give the right to present to that vacancy; and a clerk may buy an advowson even though it be only an estate for life, and present himself on the next vacancy. Under the Benefices Act, advowsons may not be sold by public auction except in conjunction with landed property adjacent to the benefice; transfers of patronage must be registered in the registry of the diocese, and no such transfers can be made within twelve months after the last admission or institution to the benefice. Restrictions had also been imposed on the transfer of patronage of churches built under the Church Building Acts and New Parishes Acts, and on that of benefices in the gift of the lord chancellor, and sold by him in order to augment others; but agreements may be made as to the patronage of such churches in favour of persons who have contributed to their building or enlargement without being void for simony.

The right of presentation may be exercised by its owner whether he be an infant, executors, trustees, coparceners (who, if they cannot agree, present in turn in order of age) or mortgagee (who must present the nominee of the mortgagor), or a bankrupt (who, although the advowson belongs to his creditors, yet has the right to present to a vacancy). Certain owners of advowsons are temporarily or permanently disabled from exercising the right which devolves upon other persons; and the crown as patron paramount of all benefices can fill all churches not regularly filled by other patrons. It thus presents to all vacancies caused by simoniacal presentations, or by the incumbent having been presented to a bishopric or in benefices belonging to a bishopric when the see is vacant by the bishop's death, translation or deprivation. Where a presentation belongs to a lunatic, the lord chancellor presents for him. Where it belongs to a Roman Catholic the right is exercised in his behalf by the University of Oxford if the benefice be situate south of the river Trent, and by that of Cambridge if it be north of that river. Besides the qualifications required of a presentee by canon law, such as being of the canonical age, and in priest's orders before admission, sufficient learning and proper orthodoxy or morals, the Benefices Act requires that a year shall have elapsed since a transfer of the right of patronage, unless it can be shown that such transfer was not made in view of a probable vacancy; that the presentee has been a deacon for three years; and that he is not unfit for the discharge of his duties by reason of physical or mental infirmity or incapacity, grave pecuniary embarrassment, grave misconduct or neglect of duty in an ecclesiastical office, evil life, or conduct causing grave scandal concerning his moral character since his ordination, or being party to an illegal agreement with regard to the presentation; that notice of the presentation has been given to the parish of the benefice. Except by leave of the bishop or sequestrator, the incumbent of a sequestered benefice cannot be presented. The act also gives to both patron and presentee an alternative mode of appeal against a bishop's refusal to institute or admit, except on a ground of doctrine or ritual, to a court composed of an archbishop of the province and a judge of the High Court nominated for that purpose by the lord chancellor, a course which, however, bars resort being had to the ordinary suits of duplex querela or action of quare impedit. In case of refusal of one presentee, a lay patron may present another, and a clerical patron may do so after an unsuccessful appeal against the refusal. Upon institution the church is full against everybody except the crown, and after six months' peaceable possession the clerk is secured in possession of the benefice, even though he may have been presented by a person who is not the proper patron. The true patron can, however, exercise his right to present at the next vacancy, and can reserve the advowson from an usurper at any time within three successive incumbencies so created adversely to his right, or within sixty years. Collation, which otherwise corresponds to institution, does not make the church full, and the true patron can dispossess the clerk at any time, unless he is a patron who collates. Possession of the benefice is completed by induction, which makes the church full against any one, including the crown. If the proper patron fails to exercise his right within six calendar months from the vacancy, the right devolves or lapses to the next superior patron, e.g. from an ordinary patron to the bishop, and if he makes similar default to the archbishop, and from him on similar default to the crown. If a bishopric becomes vacant after a lapse has accrued to it, it goes to the metropolitan; but in case of a vacancy of a benefice during the vacancy of the see the crown presents. Until the right of presentation so accruing to a bishop or archbishop is exercised, the patron can still effectually present but not if lapse has gone to the crown.

(See also BBNEFICE; GLEBE; INCUMBENT; VICAR.)

AUTHORITIES.---Burn, Ecclesiastical Law; Bingham's Origines Ecclesiasticae, or, the Antiquities of the English Church; Mirehouse, On Advowson; Phillimore, Ecclesiastical Law.

1 The distinction between nomination to a living and presentation is to be noted. Nomination is the power, by virtue of a manor or otherwise, to appoint a clerk to the patron of a benefice, to be by him presented to the ordinary. Presentation is the act of a patron in offering his clerk to the bishop, to be instituted in a benefice of his gift. Nomination and presentation, though generally used in law lor the same thing must be so distinguishnd, for it is possible that the rights of nomination may be in one person, and the rights of presentation in another.

ADYE, SIR JOHN MILLER (1819-1900), British general, son of Major James P. Adye, was born at Sevenoaks, Kent, on the 1st of November 1819. He entered the Royal Artillery in 1836, was promoted captain in 1846, and served throughout the Crimean War as brigade-major and assistant adjutant-general of artillery (C.B., brevets of major and lieutenant-colonel). In the Indian Mutiny he served on the staff in a similar capacity. Promoted brevet-colonel in 1860, he was specially employed in 1863 in the N.W. frontier of India campaign, and was deputy adjutant-general, Bengal, from 1863 to 1866, when he returned home. From 1870 to 1875 Adye was director of artillery and stores at the War Office. He was made a K.C.B. in 1873, and was promoted to be major-general and appointed governor of the Royal Military Academy, Woolwich, in 1875, and survey or general of the ordnance in 1880. In 1882 he was chief of staff and second in command of the expedition to Egypt, and served throughout the campaign (G.C.B. and thanks of parliament). He held the government of Gibraltar from 1883 to 1886. Promoted lieutenant-general in 1879, general and colonel commandant of the Royal Artillery in 1884, he retired in 1886. He unsuccessfully contested Bath in the Liberal interest in 1892. He died on the 26th of August 1900. He was author of A Review of The Crimean War; The Defense of Cawnpore; A Frontier Campaign in Afghanistan; Recollections of a Military Life; and Indian Frontier Policy.

ADYTUM, the Latinized form of aduton (not to be entered), the innermost sanctuary in ancient temples, access to which was forbidden to all but the officiating priests. The most famous adytum in Greece was in the temple of Apollo at Delphi.

ADZE (from the Old Eng. adesa, of which the origin is unknown), a tool used for cutting and planing. It is somewhat like an axe reversed, the edge or the blade curving inward and placed at right angles to the handle. This shape is most suitable for planing uneven timber, as inequalities are ``hooked off'' by the curved blade. (See TOOLS.)

AEACUS, in Greek legend, ancestor of the Aeacidae, was the son of Zeus and Aegina, daughter of the river-god Asopus. His mother was carried off by Zeus to the island of Oenone, which was afterwards called by her name. The island having been depopulated by a pestilence, Zeus changed the ants upon it into human beings (Ovid, Met. vii. 520), who were called Myrmidones (murmekes = ants) . Aeacus ruled over his people with such justice and impartiality that after his death he was made judge of the lower world together with Minos and Rhadamanthus. By his wife Endeis he was the father of Telamon and Peleus. His successful prayer to Zeus for rain at a time of drought (Isocrates, Evagoras, 14) was commemorated by a temple at Aegina (Pausanias ii. 29). He himself erected a temple to Zeus Panhellenios and helped Poseidon and Apollo to build the walls of Troy. See Hutchinson, Aeacus, 1901.

AECLANUM, an ancient town of Samnium, Italy, 15 m. E.S.E. of Beneventum, on the Via Appia (near the modern Mirabella). It became the chief town of the Hirpini after Beneventum had become a Roman colony. Sulla captured it in 89 B.C. by setting on fire the wooden breastwork by which it was defended, and new fortifications were erected. Hadrian, who repaired the Via Appia from Beneventum to this point, made it a colony; it has ruins of the city walls, of an aqueduct, baths and an amphitheatre; nearly 400 inscriptions have also been discovered. Two different routes to Apulia diverged at this point, one (Via Aurelia Aeclanensis) leading through the modern Ariano to Herdoniae, the other (the Via Appia of the Empire) passing the Lacus Ampsanctus and going on to Aquilonia and Venusia; while the road from Aeclanum to Abellinum (mod. Avellini) may also follow an ancient line. H. Nissen (Italische Landes kunde, Berlin, 1902, ii. 819) speaks of another road, which he believes to have been that followed by Horace, from Aeclanum to Trevicum and thence to Ausculum; but Th. Monimsen (Corpus Inscrip. Lat., Berlin, 1883, ix. 602) is more likely to be right in supposing that the road taken by Horace ran directly from Beneventum to Trevicum and thence to Aquilonia (though the course of this road is not yet determined in detail), and that the easier, though somewhat longer, road by Aeclanum was of later date.

AEDESIUS (d. A.D. 355), Neoplatonist philosopher, was born of a noble Cappadocian family. He migrated to Syria, attracted by the lectures of Iamblichus, whose follower he became. According to Eunapius, he differed from Iamblichus on certain points connected with magic. He taught at Pergamum, his chief disciples being Eusebius and Maximus. He seems to have modified his doctrines through fear of Constantine.

See Ritter and Preller, 552; Ritter's Geschichte der Philosophie; T. Whittaker, The Neoplatonists (Cambridge, 1901).

AEDICULA (diminutive of Lat. aedis or aedes, a temple or house), a small house or temple,--a household shrine holding small altars or the statues of the Lares and Penates.

AEDILE (Lat. aedilis), in Roman antiquities, the name of certain Roman magistrates, probably derived from aedis (a temple), because they had the care of the temple of Ceres, where the plebeian archives were kept. They were originally two in number, called ``plebeian'' aediles. They were created in the same year as the tribunes of the people (494 B.C.), their persons were sacrosanct or inviolable, and (at least after until they were elected at the Comitia Tributa out of the plebeians alone. Originally intended as assistants to the tribunes, they exercised certain police functions, were empowered to inflict fines and managed the plebeian and Roman games. According to Livy (vi. 42), after the passing of the Licinian rogations, an extra day was added to the Roman games; the aediles refused to bear the additional expense, whereupon the patricians offered to undertake it, on condition that they were admitted to the aedileship. The plebeians accepted the offer, and accordingly two ``curule'' aediles were appointed--at first from the patricians alone, then from patricians and plebeians in turn, lastly, from either--at the Comitia Tributa under the presidency of the consul. Although not sacrosanct, they had the right of sitting in a curule chair and wore the distinctive toga praetexta. They took over the management of the Roman and Megalesian games, the care of the patrician temples and had the right of issuing edicts as superintendents of the markets. But although the curule aediles always ranked higher than the plebeian, their functions gradually approximated and became practically identical.

Cicero (Legg. iii. 3, 7) divides these functions under three heads:--(1) Care of the city: the repair and preservation of temples, sewers and aqueducts; street cleansing and paving; regulations regarding traffic, dangerous animals and dilapidated buildings; precautions against fire; superintendence of baths and taverns; enforcement of sumptuary laws; punishment of gamblers and usurers; the care of public morals generally, including the prevention of foreign superstitions. They also punished those who had too large a share of the ager publicus, or kept too many cattle on the state pastures. (2) Care of provisions: investigation of the quality of the articles supplied and the correctness of weights and measures; the purchase of corn for disposal at a low price in case of necessity. (3) Care of line games: superintendence and organization of the public games, as well as of those given by themselves and private individuals (e.g. at funerals) at their own expense. Ambitious persons often spent enormous sums in this manner to win the popula1 favour with a view to official advancement.

In 44 Caesar added two patrician aediles, called Cereales, whose special duty was the care of the corn-supply. Under Augustus the office lost much of its importance, its juridical functions and the care of the games being transferred to the praetor, while its city responsibilities were limited by the appointment of a praefectus urbi. In the 3rd century A.D. it disappeared altogether.

AUTHORITIES.--Schubert, De Romanorum Aedilibus (1828); Hoffmann, De Aedilibus Romanis (1842); Goll, De Aedilibus sub Caesarum Imperio (1860); Labatut, Les Ediles et les moeurs (1868); Marquardt Mommsen, Handbuch der romanischen Altertumer, ii. (1888); Soltau, Die ursprungliche Bedeutung und Competenz der Aediles Plebis (Bonn, 1882).

AEDUI, HAEDUI or HEDUI (Gr. Aidouoi), a Gallic people of Gallia Lugdunensis, who inhabited the country between the Arar (Saone) and Liger (Loire). The statement in Strabo (ii. 3. 192) that they dwelt between the Arar and Dubis (Doubs) is incorrect. Their territory thus included the greater part of the modern departments of Saone-et-Loire, Cote d'Or and Nievre. According to Livy (v. 34), they took part in the expedition of Bellovesus into Italy in the 6th century B.C. Before Caesar's time they had attached themselves to the Romans, and were honoured with the title of brothers and kinsmen of the Roman people. When the Sequani, their neighbours on the other side of the Arar, with whom they were continually quarrelling, invaded their country and subjugated them with the assistance of a German chieftain named Ariovistus, the Aedui sent Divitiacus, the druid, to Rome to appeal to the senate for help, but his mission was unsuccessful. On his arrival in Gaul (58 B.C.), Caesar restored their independence. In spite of this, the Aedui joined the Gallic coalition against Caesar (B.G. vii. 42), but after the surrender of Vercingetorix at Alesia were glad to return to their allegiance. Augustus dismantled their native capital Bibracte on Mont Beuvray, and substituted a new town with a half-Roman, half-Gaulish name, Augustodunum (mod. Autun). During the reign of Tiberias (A.D. 21), they revolted under Julius Sacrovir, and seized Augustudunum, but were soon put down by Gaius Silius (Tacitus Ann. iii. 43-46). The Aedui were the first of the Gauls to receive from the emperor Claudius the distinction of juo hanorum. The oration of Eumenius (q.v.), in which he pleaded for the restoration of the schools of his native place Augustodunum, shows that the district was neglected. The chief magistrate of the Aedui in Caesar's time was called Vergobretus (according to Mommsen, ``judgment-worker''), who was elected annually, possessed powers of life and death, but was forbidden to go beyond the frontier. Certain clientes, or small communities, were also dependent upon the Aedui.

See A. E. Desjardins, Geographie de la Gaide, ii. (1876-1893); T. R. Holmes, Caesar's Conquest of Gaul (1899).

AEGADIAN ISUANDS (Ital. Isole Egati; anc. Aegales Insulae), a group of small mountainous islands off the western coast of Sicily, chiefly remarkable as the scene of the defeat of the Carthaginian fleet by C. Lutatius Catulus in 241 B.C., which ended the First Punic War. Favignana (Aegusa), the largest, pop. (1901) 6414, lies 10 m. S.W. of Trapani; Levanzo (Phorbantia) 8 m. W.; while Maritimo, the ancient iera nesos, 15 m. W. of Trapani, is now reckoned as a part of the group. They belonged to the Pallavicini family of Genoa until 1874, when they were bought by Signor Florio of Palermo.

AEGEAN CIVILIZATION, the general term for the prehistoric civilization, previously called ``Mycenaean'' because its existence was first brought to popular notice by Heinrich Schliemann's excavations at Mycenae in 1876. Subsequent discoveries, however, have made it clear that Mycenae was not its chief centre in its earlier stages, or, perhaps, at any period; and, accordingly, it is more usual now to adopt a wider geographical title.