« ElőzőTovább »
and the pursuant, if attainted, shall incur the penalty of £10 to the ralty court may still sit with other commissioners of oyer king.
and terminer. He has no longer any independent criminal The place which, according to Spelman, is absolutely subject to the jurisdiction of the admiral is the sea; which, however, compre
jurisdiction. hends public rivers, fresh waters, creeks, and all places whatsoever, The instance jurisdiction is permanent; the prize juris. within the ebbing, and flowing of the sea, at the highest water, the diction is by virtue of a special commission, pro re natâ. shores or banks adjoining, from all the first bridges to the seaward; Its issue is one of the first acts done on the outbreak of and in these, he observes, the admiralty hath full jurisdiction in all causes, criminal and civil, except treasons and the right of wreck.
war. Appeals formerly lay from the civil decisions to the Lord Coke observes (5 Rep. 107), that between the high-water mark high court of delegates or specially-appointed commisand the low-water mark the admiral hath jurisdiction super aquam, sioners; from the prize decisions to the prize commissioners. ad plenitudinem maris, and as long as it flows, though the land be
By the Acts 2 and 3 Will. IV. c. 92, and 3 and 4 Will. IV. infra corpus comitatus at the reflow, so as of one place there is divisum imperium interchangeably,
c. 41, all appeals from admiralty court decisions of any But though the statute restraineth the lord high admiral that he kind lie to the sovereign, who is authorised to refer them shall not hold plea of a thing rising in the body of a county, he is
in the body of a county, he is to the judicial committee of the privy council. powered to take either body or goods upon the land; otherwise his
The lord high admiral was assisted in his judicial Por goods upon the land; otherwise his functions by the following principal officers-1. The vicejurisdiction would often prove a dead letter. He also can and does hold his court in the body of a county. So, likewise, the civil admiral; 2. The judge; 3. The registrar; 4. The advocatepower may apprehend and try persons who may have been guilty of general; 5. The counsel and judge-advocate; 6. The soliin any port or harbour of Great Britain, or at sea, provided such citor; 7. The procurator; 8. The marshal, —which officers persons have not already been tried for such offences either by
are continued. court-martial or in the admiralty court; and in all ports, harbours,
1, The Vice-Admiral. This officer is the admiral's deputy creeks, &c., lying in any county, the high admiral and the sheriff, or lieutenant mentioned in the statutes of 13th and 15th or coroner, as the case may be, have concurrent jurisdiction. Richard II., and was the person, most probably, who preBy the 6 and 7 Will. IV. c. 53 the admiralty jurisdiction
sided in the court. is extended to Prince of Wales' Island, Singapore, and Malacca;
At present the office of vice-admiral of and under the 3 and 4 Vict. c. 65, the court has jurisdiction in
England is a perfect sinecure, generally conferred on some the following cases :
naval officer of high rank and distinguished character in the Whenever a vessel is arrested by process issuing from the said service. The salary of £434, ls. 9d. per annum, attached court, or the proceeds of any vessel are brought into the registry, to take cognisance of all claims in respect of any mortgage of such vessel.
to it in addition to half-pay, was abolished by order in To decide all questions as to the title to, or ownership of, such
council, 220 February 1870. The salary and office of vessel, or the proceeds thereof remaining in the registry, arising in rear-admiral of England were abolished by the same order any cause of possession, salvage, damage, wages, or bottomry, insti in council. The salary was £342, 9s. per annum. Each tuted in the said court.
To decide all claims and demands whatsoever in the nature of county of England has its vice-admiral, which is little salvage, or in the nature of towage, or for necessaries supplied to
more than an honorary distinction, though the patent any foreign vessel, and enforce the payment of the same, whether gives to the holder all the powers vested in the admiral such vessel may have been in the body of the county or upon the himself. Similar powers were also granted to the judges high seas at the time when the service was rendered, or damage received, or necessaries furnished, in respect of which claim is made.
of the admiralty county courts; but this was found so To decide all matters and questions concerning booty of war on
inconvenient and prejudicial to those who had suits to shore, or the distribution thereof, which it shall please her Majesty, commence or defend before them, that the Duke of York, by the advice of the privy council, to refer to the judgment of when lord high admiral, in 1663 caused instructions to the said court, who shall proceed therein as in cases of prize of be drawn up in order to assign to each his province, war. And under $ 40 of the 9 and 10 Vict. c. 99, to decide on all
whereby the whole judicial power remained with the judge, claims and demands whatsoever in the nature of salvage for services and the upholding of the rights of the admiral, and levyperformed, whether on sea or land.
ing and receiving the perquisites, &c., appertained to the The high court of Admiralty has jurisdiction upon the vice-admiral. high seas all over the world. It has an instance jurisdic Each of the four provinces of Ireland has its vice-admiral. tion which is civil, and a prize jurisdiction in time of war. There is one vice-admiral for all Scotland, and one for the The latter jurisdiction does not extend to the admiralty Shetland and Orkney Islands. The governor of most of courts of Ireland or Scotland, which never had prize com our colonies had a commission of vice-admiral granted to missions sent to them. It is of the highest importance in
It is of the highest importance in him by the lord high admiral or lords commissioners of war time, when questions of seizure or detention of neutral the admiralty, and generally a commission from the king ships arise, to have but one court of which to inquire under the great seal, grounded on the 11 and 12 William concerning all causes, so as to expedite the action of the III. c. 7, and further confirmed by 46 Geo. III. c. 54, Foreign Office in dealing with representations from neutral by which he was authorised to try all treasons, piracies, powers. The causes which arise in time of peace are causes felonies, robberies, murders, conspiracies, and other offences, of collisions, of seamen's wages, bottomry, wearing unlawful of what nature or kind soever, committed on the seas, where colours, salvage, and causes of possession, where one part the parties were taken into custody in places remote from owner or minor claims to have security from those other England. The court consisted of seven persons at the least, owners who are going to send the ship on a foreign voyage of whom the governor, the lieutenant-governor, the vicethat the ship shall return again. Causes under the Slave admiral, the flag-officer, or commander-in-chief of the squaAct treaties are also cognisable here. The evidence is all dron, the members of the council, the chief-justice, judge documentary. In 1803 there were 1125 prize cases before of the vice-admiralty court, captains of men-of-war, and the court; in 1804, 1144; in 1806, 2286; in 1807, 2789; secretary of the colony, were specially named in the comand so on, above 1000 causes each year, down to the year mission; but any three of these, with four others selected 1811.
from known merchants, factors, or planters, captains, lieuThe criminal jurisdiction, which formerly comprehended tenants, or warrant officers of men-of-war, or captains, all crimes whatever committed at sea, from larceny to masters, or mates of merchant ships, constituted a legal homicide, which were triable at common law at the assizes court of piracy. By the 12 and 13 Vict. c. 96, all perif committed on shore, was much modified upon the report sons charged in any colony with offences committed on of the select committee on the high court of admiralty in the sea may be dealt with in the same manner as if the 1833. Such offences are now triable at common law on offences had been committed on waters within the local surrender to the jurisdiction; but the judge of the admi- | jurisdiction of the courts of the colony.
The vice-admiralty courts in the colonies are of two de- | which foreigners of all nations may become suitors, an scriptions. The one has power to inquire into the causes appeal may be had from its decisions to a committee of of detention of enemies or neutral vessels, to try and con the lords of the privy council, who hear and determine demn the same for the benefit of the captors, as well as to according to the established laws of nations. take cognisance of all matters relating to the office of the At the breaking out of a war, the lord high admiral also lord high admiral. The other has only power to institute receives a special commission from the crown, under the inquiries into misdemeanours committed in merchant ves- great seal, to empower him to grant letters of marque and sels, and to determine petty suits, &c., and to guard the reprisals against the enemy, he having no such power by privileges of the admiral. The former are usually known his patent. These letters are either general or special : by the name of prize courts, the latter by that of instance general, when granted to private men to fit out ships at courts. Appeals from vice-admiralty courts abroad lay their own charge to annoy the enemy; special, when in the formerly to the high court of adiniralty in England, and case of any of our merchants being robbed of their estates from that, if need were, to the high court of delegates, or or property by foreigners, the king grants them letters of in prize cases to the prize commissioners. By an Act of reprisal against that nation, though we may be in amity her present Majesty, all such appeals lie direct to the with it. Before the latter can be sued for, the complainant sovereign, who refers them to the judicial committee of the must have gone through the prosecution of his suit in the privy council.
courts of the state whose subjects have wronged him; where, The following are the colonies and foreign possessions in if justice be denied, or vexatiously delayed, he must first which vice-admiralty courts are now (1874) established. make proof of his loses and charges in the admiralty court Others are constituted as occasion may require, in case of here; whereupon, if the Crown is satisfied he has pursued war:
all lawful means to obtain redress, and his own interceding Aden. (Slave trade juris Malta.
should produce no better effect, special letters of reprisal diction only.) Mauritius.
are granted; not, however, as must be evident, until a very Antigua, Montserrat, and Montserrat. Barbuda. Natal.
strong case has been made out. This custom, which we Australia, South.
may now consider as obsolete, seems to be a remnant of the Australia, West.
law of ancient Greece, called androlepsia, by which, if a Bahamas.
man was slain, the friends and relations of the deceased Barbadoes.
New South Wales. Bermuda.
might seize on any three citizens of the place where the Bombay.
Prince Edward's Island. murderer took refuge, and make them slaves, unless he British Columbia.
was delivered up. Both Oliver Cromwell and King Charles British Guiana.
II. granted letters of reprisal. In 1638 the Duc d'Epernon Calcutta.
St Christopher. Canada.
seized on the ship “ Amity" of London, for the service of Cape of Good Hope.
the French king against the Spaniards, promising full satisCeylon.
faction; but none being made, the owners obtained letters of Dominica.
reprisal from the Protector, and afterwards, in 1665, from Falkland Islands.
The Straits Settlements. Gambia.
(Prince of Wales' Island,
Charles II. In 1666 Captain Butler Barnes had letters of Gibraltar.
Singapore, and Malacca.) reprisal against the Danes. The Dutch having burnt six Gold Coast.
English merchant vessels in the Elbe, within the territories Grenada.
of Hamburg, which city, instead of giving any assistance Halifax, Nova Scotia.
Tortola and Virgin Islands. Honduras.
or protection, hindered the English from defending them. Hong Kong
selves, letters of reprisal were granted to the sufferers Jamaica.
against that city. Lastly, one Justiniani, a noble Genoese, Labuan.
Zanzibar. (Limited slave | being indebted in a large sum to Joseph Como, a merchant Lagos.
trade jurisdiction only.) Madras.
in London, which he had several years solicited for withBy the provisions of the Vice-admiralty Courts Act of 1863, The
out obtaining satisfaction, Captain Scott, commander of governor of a colony is ex officio vice-admiral, and the chief-justice his Majesty's ship the “Dragon,” stationed at that time in ex officio judge of the vice-admiralty court.
the Mediterranean, received orders to make reprisals upon In none of the patents to the lord high admiral, vice- the ships of that republic; upon which the debt was paid. admiral, or judge, is any mention made of prize jurisdiction. 2. The Judge.—The patents to the judge of the admiralty Lord Mansfield had occasion to search into the records of and vice-admiralty courts run pretty nearly in the same the court of admiralty in Doctors' Commons, to ascertain manner as those of the lord high admiral, and point out the on what foundation this jurisdiction was exercised by the several matters of which he can take cognisance. The Parjudge of the admiralty; but he could not discover any liament of 1640 established the office of judge of the admiprize-act books farther back than 1643; no sentences far- ralty court in three persons, with a salary of £500 a-year ther back than 1648. The registrar could go no farther to each. At the Restoration there were two judges of the back than 1690. “The prior records,” says his lordship, high court of admiralty, which sometimes proved incon"are in confusion, illegible, and without index." The venient; for when they differed in opinion, no judgment prize jurisdiction may therefore be considered as of modern could be had. These judges, before the Revolution, held authority, and distinct altogether from the ancient powers their appointment only during pleasure. At that period, given to the admiral. To constitute the authority for trying and under the provisions of the Bill of Rights, Sir Charles prize causes, a commission under the great seal issues to Hedges was constituted judge under the great seal of the lord high admiral at the commencement of every war, England, quamdiu se bene gesserit, with a salary of £400 ato will and require the court of admiralty, and the lieu- year, and an additional £400 out of the proceeds of prizes tenant and judge of the said court, his surrogate or surro- and perquisites of the admiralty; but in the year 1725 the gates, to proceed upon all manner of captures, seizures, and latter sum was diminished from the ordinary estimate by the reprisals, of all ships and goods that are or shall be taken; House of Commons. The salary of Sir James Marriott, and to hear and determine according to the course of the from 1778 to 1782, during the American war, was £800 admiralty, or the law of nations; and a warrant issues to
a year, and
700 added for fees. From 1794 to 1798, the judge of the admiralty accordingly.
the salary was £1780, and £2500 for fees. During the sixThe admiralty court being in this respect a court in | teen years that Sir William Scott (Lord Stowell) was judge,
But it is pro
from 1798 to 1814, the salary was £2500, and the fees had no salary, the amount of his emoluments depending averaged £2800 a-year. Under the 3 and 4 Vict. c. 66, on the captures, droits, &c., condemned by the court, § 1, the salary is fixed at £4000 per annum. All fees of which during the war of 1793-1815 were so enormous that whatever kind, formerly payable to the judge, are now in 1810 an Act was passed for regulating the offices of paid to the consolidated fund.
registrars of admiralty and prize courts, by which it is The court of admiralty is at present (1873), and pend- enacted “that no office of registrar of the high court of ing the erection of the new law courts, held in Westminster. admiralty, or of the high court of appeals for prizes, or high In the time of Henry IV. it was held in Southwark, either court of delegates in Great Britain, shall, after the expiraat a quay on the south side of the Thames, or in the ere tion of the interest now vested in possession or reversion while church of St Margaret-on-Hill, most likely the former. therein, be granted for a longer term than during pleasure, Stow, in his Survey (A.D. 1598), says—“A part of this nor be executed by deputy; that an account be kept in the parish church of St Margaret is now a court, wherein the said offices respectively of all the fees, dues, perquisites, assizes and sessions be kept; and the court of admiralty is emoluments, and profits received by and on account of the also there kept.” Pepys also, in his Diary (17th March said registrars, out of which all the expenses of their offices 1663), describes the court as sitting there.
are to be paid; that one-third of the surplus shall belong bable that the sittings in St Margaret's Church were com- to the registrar and to his assistant (if an assistant should menced shortly before Stow's time; for in the Rolls of Par- be necessary), and the remaining two-thirds to the consoliliament, 11 Hen. IV. No. 61, the Commons complain that dated fund of Great Britain, to be paid quarterly into the people are summoned by the officers of the admiral à exchequer; the account of such surplus to be presented to Loundres à le Key de William Horton, Suthwerke. Further, the court at least fourteen days before each quarter-day, it would appear from an appeal made to the king, Henry and verified on oath.” Under the 3 and 4 Vict. c. 66, IV., that the rule then was for the admiral's court to be § 2, a yearly salary of £1400 is substituted for “all fees, held upon some wharf or quay within the flux and reflux dues, perquisites, emoluments, and profits,” and which may of the tide. In the reign of Henry VIII., Horton's Quay, be increased in time of war to £2000. The duties of the near London Bridge, is mentioned in the records of the registrar are—1. To keep a public registry, to give attendhigh court of admiralty (3d Nov. 1541) as its usual place ance therein, and to preserve in a regular manner the of sitting
registers, acts, records, and documents belonging to the The judges of the vice-admiralty courts in certain of the office; 2. To attend all sittings of the court of admiralty, colonies, limited by 41 George III. c. 96, are allowed a and to attend the judge at chambers; 3. To draw and salary not exceeding to each the sum of £2000 a year, to sign all warrants, monitions, commissions, &c., issuing from be paid out of the consolidated fund of Great Britain; to the court; to attend other courts with minutes, &c., of the gether with profits and emoluments not exceeding to each admiralty court when required; 4. To have the custody of the further sum of £2000 per annum, out of the fees to be all moneys paid into court or paid out of court. taken by the said judges, of which a table is directed to be 4. The Advocate-General.— This officer is appointed by hung up in some conspicuous place in the court; and no warrant of the lords commissioners of the admiralty. His judge is to take any fee beyond those specified, directly or duties are—to appear for the lord high admiral in his court indirectly, on pain of forfeiture of his office, and being pro- of admiralty, court of delegates, and other courts; to move ceeded against for extortion; and on his retirement from and debate in all causes wherein the rights of the admiral office after six years' service, or from some permanent infir are concerned; for which he had anciently a salary of 20 mity, the Crown may, by authority of the Act above men- marks (£13, 6s. 8d.) a-year. In May 1803, Dr. William tioned, grant unto such judge an annuity for the term of his Battine, who was appointed in 1791, had an addition of life not exceeding £1000 per annum. This liberal provi- £200 to his salary, “ for his extraordinary trouble and sion puts the judges of the colonial courts of vice-admiralty attendance during the present hostilities." His salary was above all suspicion of their decisions being influenced by continued to him and his successor, Dr Arnold, till 1816; unworthy motives—a suspicion they were not entirely free since that time the allowance has been reduced to its from when their emoluments depended mainly on their fees. original amount of £13, 6s. 8d. Formerly the admiral's
During the war of 1793–1815 a session of oyer and ter- advocate was always retained as leading counsel, but after miner to try admiralty causes was held at the Old Bailey, the droits were transferred to the crown, he was gradually now the central criminal court, twice a-year. The commis- supplanted by the king's advocate, who was generally sion for this purpose was of the same nature with those which retained in all cases, the admiralty advocate acting only as are granted to the judges when they go on circuit; that is to junior counsel; and while the former during the war say, to determine and punish all crimes, offences, and mis- made sometimes from £15,000 to £20,000 a year, the demeanours, and abuses; the end of both being the same, latter rarely received from his professional duties more their limits different; the one relating to things done upon than from £1500 to £2000 a-year. the land, the other to things done upon the water. The 5. The Counsel and Judge-Advocate for the affairs of the lords commissioners of the admiralty, all the members of the Admiralty and Navy is the law officer who is chiefly conprivy council, the chancellor and all the judges, the lords sulted on matters connected with the military duties of the of the treasury, the secretary of the admiralty, the treasurer lord high admiral. He advises also on all legal questions. and commissioners of the navy, some of the aldermen of His salary is £100 a-year, besides his fees, which in time London, and several doctors of the civil law, were the mem- of war may be reckoned to amount to from £1200 to bers of this commission; any four of whom made a court. £1800 a-year. Till the present reign the offices of counsel
The proceedings of the court, now probably obsolete, of the admiralty and judge-advocate of the fleet were sepawere continued de die in diem, or, as the style of the court rate and distinct, the latter being a sinecure appointment, was, from tide to tide.
with a salary of £182, 103. attached to it. The salary is 3. The Registrar of the Admiralty formerly held his now abolished. The duties are very light, the veritable place by patent from the Crown. The patent was issued work of the office being discharged by deputy judgesunder the great seal of the court of admiralty, and the advocate appointed on each occasion of a court-martial, appointment was afterwards confirmed by patent under the and by resident law agents at Portsmouth and Plymouth, great seal of the United Kingdom. The appointment was who receive salaries in lieu of all fees and charges. for life, and was often granted in re: ersion. The registrar 6. The Solicitor to the Admiralty is also an officer ap
I. – 21
pointed during pleasure by the lords of the admiralty. | draughtsmen, and they are issued to the public by order of He is the general legal adviser, in the first instance, of the the lords commissioners of the admiralty. They are divided Jords commissioners; and since 1869 there have been into various sections as follows -1. English and Irish added to his other functions those of registrar of public Channels and coasts of the United Kingdom; 2. North securities and custodian of all public securities and bonds Sea and adjacent coasts; 3. Baltic Sea; 4. North and west belonging to the admiralty. His salary is £1600 a-year coasts of France, Spain, and Portugal; 5. Mediterranean, in lieu of all fees, bills, and disbursements, with an allow- Black Sea, and Sea of Azov; 6. Atlantic Ocean and Islands; ance of £1300 a-year for assistance of clerks. His office 7. Arctic Sea and north and east coasts of America; 8. is provided for him.
West Indies, Gulf of Mexico, &c.; 9. South America, 7. The Procurator.—The admiralty's proctor stands pre- east coast; 10. West coasts of South and North Amecisely in the same situation to the queen's proctor that his rica; 11. Africa, Madagascar, Mauritius, Red Sea, &c.; advocate does to that of the queen, though there is not quite | 12. East Indies, Arabian coast, &c.; 13. Indian Archiso great a difference in their emoluments. They act as the pelago, China Sea, Japan, &c.; 14. Australia, New Zealand, attorneys or solicitors in all causes concerning the queen's &c.; 15. Pacific Ocean islands. They are about 3000 in and the lord high admiral's affairs in the high court of number, of various sizes and scales, and the prices vary admiralty and other courts. All prize causes are conducted from 6d. to 10s. Accompanying the charts there are by the queen's proctor. It is supposed that in some years books of sailing directions, tables, and lists of lights. of war, in the early part of the century, the proctor did Similar charts as those of the British Admiralty are issued not receive less than £20,000 a-year.
by the United States Coast Survey, as well as by the 8. The Marshal.—This officer receives his appointment Russian and French governments. The superintendent from the lord high admiral or lords commissioners of the of the United States Coast Survey issues an annual report, admiralty. His appointment is under the seal of the high showing the progress of the survey, and containing much court of admiralty during pleasure, and is confirmed by valuable information. letters patent from the Crown. His duties are to arrest ADMIRALTY ISLAND, an island belonging to the ships and persons; to execute all processes or orders issuing United States, about 90 miles long from N. to s., and 25 from the court; to attend, in person or by deputy, the judge miles broad, lying between King George III. Archipelago with the silver oar (the ancient emblem of maritime jurisdic- and the mainland, in 58° N. lat., 134° W. long. Its tion); and formerly also to attend executions. It is also coasts, which are generally steep and rocky, are indented the duty of the marshal or his deputy to arrest, under with several accessible and commodious bays. The island warrant from the admiralty, any officer not beneath the has abundance of good water, and is covered with pines, rank of post captain who may be ordered for trial by court- which grow there to a very large size. martial; and to see to the delivery of sentenced prisoners ADMIRALTY ISLANDS, a group of about forty to their place of punishment. His emoluments formerly de islands lying to the N.E. of New Guinea, between 2° and pended on the number of prizes brought into port for con 3° S. lat., and 146° 18' and 147° 46' E. long. The largest demnation, and the number of ships embargoed, and might is about 50 miles in length; the others are very small, and probably be reckoned in time of war, communibus annis, all rise but little above the sea-level. Their exuberant from £1500 to £2000 a-year, out of which he had to pay vegetation, and in particular the groves of cocoa-nut trees, about £400 a-year to a deputy. He had no salary. The give them a very beautiful appearance. The islands were office can, however, be no longer performed by deputy, discovered by the Dutch in 1616, but have seldom been except in case of illness, § 9 of the 3 and 4 Vict. c. 66. visited, access being difficult on account of the surrounding The marshal is now paid by a salary of £500, in addition reefs. The natives are tall, and of a tawny colour. to his travelling expenses.
ADOLPHUS, John, historian and barrister, was born (See Orders in Council since February 1870; Camp- in London on the 7th August 1768. He was educated bell's Lives of the British Admirals; O'Byrne's Naval under the care of a grand-uncle, and after making a voyage Biographical Dictionary; Rymer's Foedera; Pepys' Naval to the West Indies was enrolled as an attorney about the Collections, and Pepys' Diary; The Black Book of the year 1790. Called to the bar in 1807, he devoted himAdmiralty (republished by the Master of the Rolls); self to practice in criminal causes, and in a few years Stephen's Commentaries on the Laws of England; Stow's attained a leading position among Old Bailey counsel. His Survey of London; Rolls of Parliament; Report of Com- masterly defence of Thistlewood and the Cato Street conmittee appointed by the Treasury in 1836 to inquire into spirators, for which he had been retained only a few hours the fees and emoluments of public offices; Sir Harris before the trial, did much to extend his reputation. He Nicolas's History of British Navy).
(F. W. R.) was very skilful in the management of his cases, but his ADMIRALTY, IRELAND. — For all executive functions hastiness of temper frequently led to unseemly altercations Ireland is subject to the jurisdiction and orders of the lord with other counsel. He held a good position in society, high admiral, or lords commissioners for executing the and was on terms of intimacy with the leading literary office, of Great Britain. For judicial purposes, however, men of the day. The History of England from the Accesan admiralty court sits in the Four Courts, Dublin, having sion of George III. to 1783, which he published in 1802, a judge, a registrar, a marshal, and other officers. In peace was favourably noticed in the Edinburgh Review for its time and war time alike it exercises only an instance juris- impartiality and accuracy. A new and enlarged edition diction. No prize commission has ever issued to it. of this work, in eight volumes, was in preparation, but
ADMIRALTY, SCOTLAND. At the Union, while the only seven volumes were completed when the author died, national functions of the lord high admiral were merged 16th July 1845. His other literary works were—Bioin the English office, there remained a separate court of graphical Memoirs of the French Revolution (1799); The admiralty, with subsidiary local courts, having civil and British Cabinet (1799); History of France from 1790 to criminal jurisdictions in maritime questions. The separate 1802 (1803); Memoirs of John Bannister. courts were abolished in 1831, and their powers merged in ADOLPHUS, JOAN LEYCESTER, son of the above, also the courts of session and justiciary, and the local courts. a distinguished barrister (died 1862), was the first to
ADMIRALTY CHARTS. These useful aids to naviga- pierce the mask of the author of Waverley, in a series of tion are constructed in the hydrographic department of the critical letters addressed to Richard Heber, which he pubBritish Admiralty, by specially-appointed surveyors and lished in 1821.
ADONIS, according to some authors, the son of Theias, I was held at Frankfort in 794, by which the new doctrine king of Assyria, and his daughter Smyrna [Myrrha], was was again formally condemned, though neither Felix nor the favourite of Venus. He was fond of hunting; and any of his followers appeared. A friendly letter from Venus often warned him not to attack the larger wild Alcuin, and a controversial pamphlet, to which Felix re. beasts; but neglecting the advice, he was killed by a plied, were followed by the sending of several commissions wild boar he had rashly wounded. Venus was incon- of clergy to Spain to endeavour to put down the heresy. solable, and turned him into a flower of a blood colour, Archbishop Leidrad of Lyons being on one of these comsupposed by soine to be an anemone. Adonis had to missions, persuaded Felix to appear before a synod at spend half the year in the lower regions, but during the Aix-la-Chapelle in 799. There, after six days' disputing other half he was permitted to revisit the upper world, with Alcuin, he again recanted his heresy. The rest of his and pass the time with Venus. No grief was ever more life was spent under the supervision of the archbishop at celebrated than that of Venus for Adonis, most nations Lyons, where he died in 816. Elipandus, secure in his see round the Mediterranean having perpetuated the memory at Toledo, never swerved from the adoptian views, which, of it by anniversary ceremonies. "The tale of Adonis however, were almost universally abandoned after the two (Keightley's Mythology) is evidently an eastern myth. leaders died. The controversy was revived by solitary advoHis own name and those of his parents refer to that part cates of the heretical opinions more than once during the of the world. He appears to be the same with the Middle Ages, and the questions on which it turns have, in Thammuz mentioned by the prophet Ezekiel (viü. 14), and one form or another, been the subject of frequent discussion. to be a Phænician personification of the sun, who during ADOPTION, the act by which the relations of paternity part of the year is absent, or, as the legend expresses it, and filiation are recognised as legally existing between with the goddess of the under world; during the remainder persons not so related by nature. Cases of adoption were with Astarte, the regent of heaven,” Among the Egyptians, very frequent among the Greeks and Romans, and the Adonis is supposed to have been adored under the name custom was accordingly very strictly regulated in their laws. of Osiris, the husband of Isis ; but he was sometimes called In Athens the power of adoption was allowed to all citizens by the name of Ammuz or Thammuz, the concealed, to who were of sound mind, and who possessed no male offdenote probably his death or burial. It has been thought spring of their own, and it could be exercised either during it is he the Hebrews call the dead (Ps. cvi. 28, and lifetime or by testament. The person adopted, who reLev. xix. 28), because his worshippers wept for him, and quired to be himself a citizen, was enrolled in the family represented him as one dead; and at other times they and demus of the adoptive father, whose name, however, he call him the image of jealousy (Ezek. viii. 3, 5), because he did not necessarily assume. In the interest of the next of was an object of jealousy to other gods. The Syrians, kin, whose rights were affected by a case of adoption, it Phænicians, and Cyprians worshipped Adonis; and Calmet was provided that the registration should be attended with was of opinion that this worship may be identified with certain formalities, and that it should take place at a fixed that of the Moabitish Baal-peor. Modern critics plausibly time—the festival of the Thargelia. The rights and duties connect the divine honours paid to Adonis with the of adopted children were almost identical with those of mysterious rites of phallic worship, which, in some shape natural offspring, and could not be renounced except in the or other, prevailed so extensively in the ancient world. case of one who had begotten children to take his place in
ADONIS, in Ancient Geography, a small river rising the family of his adoptive father. Adopted into another in Mount Lebanon, and falling into the sea at Byblus. family, children ceased to have any claim of kindred or When in flood its waters exhibit a deep red tinge; hence inheritance through their natural father, though any rights the legend that connects it with the wound of Adonis. they might have through their mother were not similarly “While smooth Adonis from his native rock,
affected. Among the Romans the existence of the patria Ran purple to the sea, suppos’d with blood
potestas gave a peculiar significance to the custom of adopOf Thammuz yearly wounded.”—Milton.
tion. The motive to the act was not so generally childADONIS, a genus of ranunculaceous plants, known lessness, or the gratification of affection, as the desire to commonly by the names of Pheasant's Eye and Flos acquire those civil and agnate rights which were founded Adonis. There are ten or twelve species given by authors, on the patria potestas. It was necessary, however, that the but they may be probably reduced to three or four. There adopter should have no children of his own, and that he are two indigenous species, Adonis autumnalis and Adonis should be of such an age as to preclude reasonable expecæstivalis. They are commonly cultivated. An early flower- tation of any being born to him. Another limitation as to ing species, Adonis vernalis, is well worthy of cultivation. age was imposed by the maxim adoptio imitatur naturam,
ADOPTIAN CONTROVERSY, a controversy relating which required the adoptive father to be at least eighteen to the sonship of Christ, raised in Spain by Elipandus, years older than the adopted children. According to the archbishop of Toledo, and Felix, bishop of Urgel, towards same maxim eunuchs were not permitted to adopt, as being the close of the 8th century. By a modification of the impotent to beget children for themselves. Adoption was doctrine of Nestorius they maintained that Christ was of two kinds according to the state of the person adopted, really the Son of God in his divine nature alone, and that who might be either still under the patria potestas (alieni in his human nature he was only the Son of God by adop- juris), or his own master (sui juris). In the former case tion. It was hoped that this view would prove more the act was one of adoption proper, in the latter case it was acceptable to the Mahometans than the orthodox doc- styled adrogation, though the term adoption was also used trine, and Elipandus especially was very diligent in pro- in a general sense to describe both species. In adoption pagating it. Felix was instrumental in introducing it into proper the natural father publicly sold his child to the that part of Spain which belonged to the Franks, and adoptive father, and the sale being thrice repeated, tho Charlemagne thought it necessary to assemble a synod at maxim of the Twelve Tables took effect, Si pater filium ter Ratisbon (792), before which the bishop was summoned to venunduit, filius a patre liber esto. The process was ratiexplain and justify the new doctrine. Instead of this he fied and completed by a fictitious action of recovery brought renounced it, and confirmed his renunciation by a solemn by the adoptive father against the natural parent, which the oath to Pope Adrian, to whom the synod sent him. The latter did not defend, and which was therefore known as the recantation was probably insincere, for on returning to his cessio in jure. Adrogation could be accomplished origindiocese he taught adoptianism as before. Another synod ally only by the authority of the people assembled in the