So they with prayers importuned, and with tears Their son, but him sway'd not; unmoved he stood, Expecting vast Achilles now at hand. As some fell serpent in his cave expects The traveller's approach, batten'd with herbs Of baneful juice to fury, forth he looks Hideous, and lies coil'd all around his den, So Hector, fill'd with confidence untamed, Fled not, but placing his bright shield against A buttress, with his noble heart conferr'd. Alas for me! should I repass the gate, Polydamas would be the first to heap Reproaches on me, for he bade me lead The Trojans back this last calamitous night In which Achilles rose to arms again. But I refused, although to have complied, Had proved more profitable far; since then By rash resolves of mine I have destroy'd The people, how can I escape the blame Of all in Troy? The meanest there will say-- By his self-will he hath destroy'd us all. So shall they speak, and then shall I regret That I return'd ere I had slain in fight Achilles, or that, by Achilles slain, I died not nobly in defence of Troy. But shall I thus? Lay down my bossy shield, Put off my helmet, and my spear recline Against the city wall, then go myself To meet the brave Achilles, and at once Promise him Helen, for whose sake we strive With all the wealth that Paris in his fleet Brought home, to be restored to Atreus' sons, And to distribute to the Greeks at large All hidden treasures of the town, an oath Taking beside from every senator, That he will nought conceal, but will produce And share in just equality what stores Soever our fair city still includes? Ah airy speculations, questions vain! I may not sue to him: compassion none Will he vouchsafe me, or my suit respect. But, seeing me unarm'd, will sate at once His rage, and womanlike I shall be slain. It is no time from oak or hollow rock With him to parley, as a nymph and swain, A nymph and swain soft parley mutual hold, But rather to engage in combat fierce Incontinent; so shall we soonest learn Whom Jove will make victorious, him or me.
He sat down again, visibly trembling all over. The President again briefly, but impressively, admonished him to answer only what was asked, and not to go off into irrelevant exclamations. Then he ordered the case to proceed. All the witnesses were led up to take the oath. Then I saw them all together. The brothers of the prisoner were, however, allowed to give evidence without taking the oath. After an exhortation from the priest and the President, the witnesses were led away and were made to sit as far as possible apart from one another. Then they began calling them up one by one.
_Laws of other Countries._--It is impossible here to deal with the systems of land tenure in force in other countries. Only the question of the legal relations between landlord and tenant can be touched upon. In France, the Code Civil recognizes two such relationships, the letting to hire of houses (_bail à loyer_) and the letting to farm of rural properties (_bail à ferme_). To a certain extent, both forms of tenancy are governed by the same rules. The letting may be either written or verbal. But a verbal lease presents this disadvantage that, if it is unperformed and one of the parties denies its existence, it cannot be proved by witnesses. The party who denies the letting can only be put to his oath (Arts. 1714-1715). It may further be noted that in the case of a verbal lease, notice to quit is regulated by the custom of the place (Art. 1736). The tenant or farmer has the right of underletting or assigning his lease, in the absence of prohibiting stipulation (Art. 1717). The lessor is bound by the nature of his contract and without the need of any particular stipulation (i.) to deliver to the lessee the thing hired in a good state of repair; (ii.) to maintain it in a state to serve the purpose for which it has been hired; (iii.) to secure to the lessee peaceable enjoyment during the continuance of the lease (Arts. 1719-1720). He is bound to warrant the lessee against, and to indemnify him for, any loss arising from any faults or defects in the thing hired which prevent its use, even though he was not aware of them at the time of the lease (Art. 1721). If during the continuance of the letting, the thing hired is entirely destroyed by accident, the lease is cancelled. In case of partial destruction, the lessee may, according to circumstances, demand either a diminution of the price, or the cancellation of the lease. In neither case is there ground for damages (Art. 1722). The lessor cannot, during the lease, change the form of the thing hired (Art. 1723). The lessee is bound, on his side (i.) to use the thing hired like a good head of a household (_bon père de famille_), in accordance with the express or presumed purpose of the hiring; (ii.) to pay the price of the hiring at the times agreed (Art. 1728). On breach of the former obligation, the lease may be judicially cancelled (Art. 1729). As to the consequences of breach of the latter, see RENT. If a statement of the condition of the property (_état des lieux_) has been prepared, the lessee must give it up such as he received it according to the statement, except what has perished or decayed by age or by means of _force majeure_ (Art. 1730). In the absence of an _état des lieux_, the lessee is presumed to have received the thing hired in a good state of tenantable repair, and must so yield it up, saving proof to the contrary (Art. 1731). He is liable for injuries or losses happening during his enjoyment, unless he prove that they have taken place without his fault (Art. 1732); in particular, for loss by fire unless he show that the fire happened by accident, _force majeure_, or defect of construction, or through communication from a neighbouring house (Art. 1733). The lessee is liable for injuries and losses happening by the act of persons belonging to his house or of his sub-tenants (Art. 1735). A lease terminates (i.) at the expiration of the prescribed term (Art. 1737)--if at that period the lessee remains and is left in possession, there is, in the case of written leases, a tacit renewal (_tacite reconduction_) of the lease as a verbal lease (Arts. 1738-1739); (ii.) by the loss of the thing hired and by the default of the lessor or lessee in the fulfilment of their respective obligations (Art. 1741), but (iii.) not by the death either of the lessor or of the lessee (1742). The conditions of EJECTMENT are stated under that heading. The special rules (Arts. 1752-1762) relative to the hire of houses are touched upon in LODGER AND LODGINGS. It only remains here to refer to those applicable to leases to farm. The lessee is bound to stock the farm with the cattle and implements necessary for its husbandry (Art. 1766), and to stack in the places appointed for the purpose in the lease (Art. 1767). A lessee, who farms on condition of dividing the produce with the lessor, can only underlet or assign if he is expressly empowered to do so by the lease (Art. 1763). The lessee must give notice to the lessor of any acts of usurpation committed on the property (Art. 1768). If at least half of the harvest in any year is destroyed by accident, the lessee (a) in the case of a lease for several years, obtains, at the end of his lease, a refund of rent, by way of indemnity, unless he has been indemnified by preceding harvests; (b) in the case of a lease for a year only, may secure a proportional abatement of the current rent. No refund is payable if the produce was severed before the accident, unless the lessor was entitled to a portion of it, when he must bear his share of the loss, provided the lessee was not _in morâ_ as regards the delivery of the lessor's portion. The lessee has no right to a refund when the cause of damage was existing and known at the date of the lease (Arts. 1769-1771). Liability for loss by "accidents" may be thrown on the lessee by express stipulation (Art. 1772). "Accidents" here mean ordinary accidents only, such as hail, lightning or frost, and the lessee will not be answerable for loss caused by extraordinary accidents such as war or floods, unless he has been made liable for all accidents, foreseen or unforeseen (Art. 1773). A verbal lease is deemed to be for the term necessary to enable the lessee to gather in all the produce, thus for a year in the case of a meadow or vineyard; in the case of lands leased in tillage, where they are divided into shifts or seasons, for as many years as there are shifts (Art. 1774). The outgoing must leave for the incoming tenant convenient housing and other facilities for the labours of the year following; the incoming must procure for the outgoing tenant conveniences for the consumption of his fodder and for the harvests remaining to be got in. In either case the custom of the place is to be followed (Art. 1777). The outgoing tenant must leave the straw and manure of the year, if he received them at the beginning of his lease, and even where he has not so received them, the owner may retain them according to valuation (Art. 1778). A word must be added as to letting by cheptel (_bail à cheptel_)--a contract by which one of the parties gives to the other a stock of cattle to keep under conditions agreed on between them (Art. 1800). There are several varieties of the contract, (i.) simple cheptel (_cheptel simple_) in which the whole stock is supplied by the lessor--the lessee taking half the profit and bearing half the loss (Art. 1804); (ii.) cheptel by moiety (_cheptel à moietié_)--here each of the contracting parties furnishes half of the stock, which remains common for profit or loss (Art. 1818); (iii.) cheptel given to a farmer (_fermier_) or participating cultivator (_colon partiaire_)--in the cheptel given to the farmer (also called _cheptel de fer_) stock of a value equal to the estimated price of the stock given must be left at the expiry of the lease (Art. 1821); cheptel given to the participating cultivator resembles simple cheptel, except in points of detail (Arts. 1827-1830); (iv.) the term "cheptel" is also improperly applied to a contract by which cattle are given to be housed and fed--here the lessor retains the ownership, but has only the profit of the calves (Art. 1831). Entry: II
BILNEY, THOMAS (d. 1531), English martyr, was born at or near Norwich. The exact date of his birth is uncertain, but at all events it was not before 1495. He was educated at Trinity Hall, Cambridge, graduating LL.B. and taking holy orders in 1519. Finding no satisfaction in the mechanical system of the schoolmen, he turned his attention to the edition of the New Testament published by Erasmus in 1516. "Immediately," he records, "I felt a marvellous comfort and quietness." The Scriptures now became his chief study, and his influence led other young Cambridge men to think along the same lines. Among his friends were Matthew Parker, the future archbishop of Canterbury, and Hugh Latimer. Latimer, previously a strenuous conservative, was completely won over, and a warm friendship sprang up between him and Bilney. "By his confession," said Latimer, "I learned more than in twenty years before." In 1525 Bilney obtained a licence to preach throughout the diocese of Ely. He denounced saint and relic worship, together with pilgrimages to Walsingham and Canterbury, and refused to accept the mediation of the saints. The diocesan authorities raised no objection, for, despite his reforming views in these directions, he was to the last perfectly orthodox on the power of the pope, the sacrifice of the mass, the doctrine of transubstantiation and the authority of the church. But Wolsey took a different view. In 1526 he appears to have summoned Bilney before him. On his taking an oath that he did not hold and would not disseminate the doctrines of Luther, Bilney was dismissed. But in the following year serious objection was taken to a series of sermons preached by him in and near London, and he was arrested and imprisoned in the Tower. Arraigned before Wolsey, Warham, archbishop of Canterbury, and several bishops in the chapter-house at Westminster, he was convicted of heresy, sentence being deferred while efforts were made to induce him to recant, which eventually he did. After being kept for more than a year in the Tower, he was released in 1529, and went back to Cambridge. Here he was overcome with remorse for his apostasy, and after two years determined to preach again what he had held to be the truth. The churches being no longer open to him, he preached openly in the fields, finally arriving in Norwich, where the bishop, Richard Nix, caused him to be arrested. Articles were drawn up against him by Convocation, he was tried, degraded from his orders and handed over to the civil authorities to be burned. The sentence was carried out in London on the 19th of August 1531. A parliamentary inquiry was threatened into this case, not because parliament approved of Bilney's doctrine but because it was alleged that Bilney's execution had been obtained by the ecclesiastics without the proper authorization by the state. In 1534 Bishop Nix was condemned on this charge to the confiscation of his property. The significance of Bilney's execution lies in the fact that on essential points he was an orthodox Roman Catholic. Entry: BILNEY
(3) By degrees, also, the relations of colonial churches to the archbishop of Canterbury have changed. Until 1855 no colonial bishop was consecrated outside the British Isles, the first instance being Dr. MacDougall of Labuan, consecrated in India under a commission from the archbishop of Canterbury; and until 1874 it was held to be unlawful for a bishop to be consecrated in England without taking the suffragan's oath of due obedience. This necessity was removed by the Colonial Clergy Act of 1874, which permits the archbishop at his discretion to dispense with the oath. This, however, has not been done in all cases; and as late as 1890 it was taken by the metropolitan of Sydney at his consecration. Thus the constituent parts of the Anglican communion gradually acquire autonomy: missionary jurisdictions develop into organized dioceses, and dioceses are grouped into provinces with canons of their own. But the most complete autonomy does not involve isolation. The churches are in full communion with one another, and act together in many ways; missionary jurisdictions and dioceses are mapped out by common arrangement, and even transferred if it seems advisable; _e.g._ the diocese Honolulu (Hawaii), previously under the jurisdiction of the archbishop of Canterbury, was transferred in 1900 to the Episcopal Church in the United States on account of political changes. Though the see of Canterbury claims no primacy over the Anglican communion analogous to that exercised over the Roman Church by the popes, it is regarded with a strong affection and deference, which shows itself by frequent consultation and interchange of greetings. There is also a strong common life emphasized by common action. Entry: 3
There is much uncertainty about the early theological history of the sect, but it is probable that Mack and his followers were influenced by both the Greek Catholics and the Waldensians. P.H. Bashor in his historical sketch, read before the World's Fair Congress of the Brethren Church (1894), says: "From the history of extended labour by Greek missionaries, from the active propaganda of doctrine by scattered Waldensian refugees, through parts of Germany and Bavaria, from the credence that may generally be given to local tradition, and from the strong similarity between the three churches in general features of circumstantial service, the conclusion, without additional evidence, is both reasonable and natural that the founders of the new church received their teaching, their faith and much of their church idea from intimate acquaintance with the established usages of both societies, and from their amplification and enforcement by missionaries and pastors.... In doctrine the church has been from the first contentious for believers' baptism, holding that nowhere in the New Testament can be found any authority even by inference, precept or example for the baptism of infants. On questions of fundamental doctrine they held to the belief in one self-existing supreme ruler of the Universe--the Divine Godhead--the Father, the Son and the Holy Spirit--the tri-personality." Hence their practice of triple immersion, which provides that the candidate shall kneel in the water and be immersed, face first, three times--in the name of the Father, the Son and the Holy Spirit. (From this practice the sect received the less commonly used nickname "Dompelaers," meaning "tumblers.") They accept implicitly and literally the New Testament as the infallible guide in spiritual matters, holding it to be the inspired word of God, revealed through Jesus Christ and, by inspiration, through the Apostles. They also believe in the inspiration of the Old Testament. In their celebration of the communion service they aim exactly to imitate the forms observed by Christ. It is celebrated in the evening, and is accompanied by the ancient love feast (partaken by all communicants seated at a common table), by the ceremony of the washing of feet and by the salutation of the holy kiss, the three last-named ceremonies being observed by the sexes separately. They pray over their sick and, when so requested, anoint them with oil. They are rigid non-resistants, and will not bear arms or study the art of war; they refuse to take<b> oaths, and discountenance going to law over issues that can possibly be settled out of the courts. The taking of interest was at first forbidden, but that prohibition is not now insisted upon. They "testify" against the use of intoxicating liquor and tobacco, and advocate simplicity in dress. In its earlier history the sect opposed voting or taking any active part in political affairs, but these restrictions have quite generally disappeared. Similarly the earlier prejudice against higher education, and the maintenance of institutions for that purpose, has given place to greater liberality along those lines. In 1782 the sect forbade slave-holding by its members. Entry: GERMAN
Expected or not, the primacy was forced upon him within a very few months of his marriage. In August 1532 Archbishop Warham died, and the king almost immediately afterwards intimated to Cranmer, who had accompanied the emperor in his campaign against the Turks, his nomination to the vacant see. Cranmer's conduct was certainly consistent with his profession that he did not desire, as he had not expected, the dangerous promotion. He sent his wife to England, but delayed his own return in the vain hope that another appointment might be made. The papal bulls of confirmation were dated February and March 1533, and the consecration took place on the 30th March. One peculiarity of the ceremony had occasioned considerable discussion. It was the custom for the archbishop elect to take two oaths, the first of episcopal allegiance to the pope, and the second in recognition of the royal supremacy. The latter was so wide in its scope that it might fairly be held to supersede the former in so far as the two were inconsistent. Cranmer, however, was not satisfied with this. He had a special protest recorded, in which he formally declared that he swore allegiance to the pope only in so far as that was consistent with his supreme duty to the king. The morality of this course has been much canvassed, though it seems really to involve nothing more than an express declaration of what the two oaths implied. It was the course that would readily suggest itself to a man of timid nature who wished to secure himself against such a fate as Wolsey's. It showed weakness, but it added nothing to whatever immorality there might be in successively taking two incompatible oaths. Entry: CRANMER
As the powers and duties of consuls vary with the particular commercial interests they have to protect, and the civilization of the state in whose territory they reside, instead of abstract definition, we summarize the provisions on this subject of the British Merchant Shipping Acts.[4] Consuls are bound to send to the Board of Trade such reports or returns on any matter relating to British merchant shipping or seamen as they may think necessary. Where a consul suspects that the shipping or navigation laws are being evaded, he may require the owner or master to produce the log-book or other ship documents (such as the agreement with the seamen, the account of the crew, the certificate of registration); he may muster the crew, and order explanations with regard to the documents. Where an offence has been committed on the high seas, or aboard ashore, by British seamen or apprentices, the consul makes inquiry on oath, and may send home the offender and witnesses by a British ship, particulars for the Board of Trade being endorsed on the agreement for conveyance. He is also empowered to detain a foreign ship the master or seamen of which appear to him through their misconduct or want of skill to have caused injury to a British vessel, until the necessary application for satisfaction or security be made to the local authorities. Every British mercantile ship, not carrying passengers, on entering a port gives into the custody of the consul to be endorsed by him the seamen's agreement, the certificate of registry, and the official log-book; a failure to do this is reported to the registrar-general of seamen. The following five provisions are also made for the protection of seamen. If a British master engage seamen at a foreign port, the engagement is sanctioned by the consul, acting as a superintendent of Mercantile Marine Offices. The consul collects the property (including arrears of wages) of British seamen or apprentices dying abroad, and remits to H.M. paymaster-general. He also provides for the subsistence of seamen who are shipwrecked, discharged, or left behind, even if their service was with foreign merchants; they are generally sent home in the first British ship that happens to be in want of a complement, and the expenses thus incurred form a charge on the parliamentary fund for the relief of distressed seamen, the consul receiving a commission of 2½% on the amount disbursed. Complaints by crews as to the quality and quantity of the provisions on board are investigated by the consul, who enters a statement in the log-book and reports to the Board of Trade. Money disbursed by consuls on account of the illness or injury of seamen is generally recoverable from the owner. With regard to passenger vessels, the master is bound to give the consul facilities for inspection and for communication with passengers, and to exhibit his "master's list," or list of passengers, so that the consul may transmit to the registrar-general, for insertion in the Marine Register Book, a report of the passengers dying and children born during the voyage. The consul may even defray the expenses of maintaining, and forwarding to their destination, passengers taken off or picked up from wrecked or injured vessels, if the master does not undertake to proceed in six weeks; these expenses becoming, in terms of the Passenger Acts 1855 and 1863, a debt due to His Majesty from the owner or charterer, where a salvor is justified in detaining a British vessel, the master may obtain leave to depart by going with the salvor before the consul, who, after hearing evidence as to the service rendered and the proportion of ship's value and freight claimed, fixes the amount for which the master is to give bond and security. In the case of a foreign wreck the consul is held to be the agent of the foreign owner. Much of the notarial business which is imposed on consuls, partly by statute and partly by the request of private parties, consists in taking the declarations as to registry, transfers, &c., under the Mercantile Shipping Acts. Consuls in the Ottoman empire, China, Siam and Korea have extensive judicial and executive powers. Entry: A
The goddess of war develops into the goddess of peace and the pursuits connected with it. She is prominent as the promoter of agriculture in Attic legend. The Athenian hero Erechtheus (Erichthonius), originally an earth-god, is her foster-son, with whom she was honoured in the Erechtheum on the Acropolis. Her oldest priestesses, the dew-sisters--Aglauros, Herse, Pandrosos--signify the fertilization of the earth by the dew, and were probably at one time identified with Athena, as surnames of whom both Aglauros and Pandrosos are found. The story of the voluntary sacrifice of the Attic maiden Aglauros on behalf of her country in time of war (commemorated by the ephebi taking the oath of loyalty to their country in her temple), and of the leap of the three sisters over the Acropolis rock (see ERECHTHEUS), probably points to an old human sacrifice. Athena also gave the Athenians the olive-tree, which was supposed to have sprung from the bare soil of the Acropolis, when smitten by her spear, close to the horse (or spring of water) produced by the trident of Poseidon, to which he appealed in support of his claim to the lordship of Athens. She is also connected with Poseidon in the legend of Erechtheus, not as being in any way akin to the former in nature or character, but as indicating the contest between an old and a new religion. This god, whose worship was introduced into Athens at a later date by the Ionian immigrants, was identified with Erechtheus-Erichthonius (for whose birth Athena was in a certain sense responsible), and thus was brought into connexion with the goddess, in order to effect a reconciliation of the two cults. Athena was said to have invented the plough, and to have taught men to tame horses and yoke oxen. Various arts were attributed to her--shipbuilding, the goldsmith's craft, fulling, shoemaking and other branches of industry. As early as Homer she takes especial interest in the occupations of women; she makes Hera's robe and her own peplus, and spinning and weaving are often called "the works of Athena." The custom of offering a beautifully woven peplus at the Panathenaic festival is connected with her character as Ergane the goddess of industry.[2] As patroness of the arts, she is associated with Hephaestus (one of her titles is [Greek: Ephaistia]) and Prometheus, and in Boeotia she was regarded as the inventress of the flute. According to Pindar, she imitated on the flute the dismal wail of the two surviving Gorgons after the death of Medusa. The legend that Athena, observing in the water the distortion of her features caused by playing that instrument, flung it away, probably indicates that the Boeotians whom the Athenians regarded with contempt, used the flute in their worship of the Boeotian Athena. The story of the slaying of Medusa by Athena, in which there is no certain evidence that she played a direct part, explained by Roscher as the scattering of the storm-cloud, probably arose from the fact that she is represented as wearing the Gorgon's head as a badge. Entry: ATHENA