See, for list and full titles of the tracts, related documents, and discussion of the authorship, E. Arber’sIntroductory Sketch to the Martin Marprelate Controversy(1880), which, however, gives no connected account of the matter. A good summary, with quotations from the pamphlets, will be found in H. M. Dexter’sCongregationalism(New York, 1880), pp. 129-202. See also articles on John Penry and Job Throckmorton inDict. of Nat. Biography; and for the history of the press,Bibliographica, ii. 172-180. Maskell’sMartin Marprelate Controversy(1845) is of little service. The more important tracts have been reprinted by Petheram in his series ofPuritan Discipline Tracts(1842-1860), in Arber’sEnglish Scholar’s Library(1879-1880), in R. W. Bond’s edition of Lyly and in the editions of Nashe.
See, for list and full titles of the tracts, related documents, and discussion of the authorship, E. Arber’sIntroductory Sketch to the Martin Marprelate Controversy(1880), which, however, gives no connected account of the matter. A good summary, with quotations from the pamphlets, will be found in H. M. Dexter’sCongregationalism(New York, 1880), pp. 129-202. See also articles on John Penry and Job Throckmorton inDict. of Nat. Biography; and for the history of the press,Bibliographica, ii. 172-180. Maskell’sMartin Marprelate Controversy(1845) is of little service. The more important tracts have been reprinted by Petheram in his series ofPuritan Discipline Tracts(1842-1860), in Arber’sEnglish Scholar’s Library(1879-1880), in R. W. Bond’s edition of Lyly and in the editions of Nashe.
(R. B. McK.)
MARQUAND, HENRY GURDON(1819-1902), American philanthropist and collector, was born in New York City on the 11th of April 1819. In 1839, upon the retirement from the jewelry business of his brother Frederick (1799-1882), who was a liberal benefactor of Yale College and of the Union Theological Seminary, he became his brother’s agent. He was one of the purchasers in 1868 of the Iron Mountain railroad, afterwards its president, and a director of the Missouri-Pacific system. He was the first honorary member of the American Institute of Architects, and president (1889-1902) of the Metropolitan Museum of Art, to which he made valuable presents and loans from his collection of paintings. He died in New York City, on the 26th of February 1902. His varied and valuable art collection and rare books were sold in 1903. He was a benefactor of Princeton University and other institutions. His son,Allan Marquand(b. 1853), graduated at Princeton in 1874, and in 1883 became professor of archaeology and art.
MARQUARDT, JOACHIM(1812-1882), German historian and writer on Roman antiquities, was born at Danzig on the 19th of April 1812. He studied at Berlin and Leipzig, held various educational appointments from 1833 onwards at Berlin, Danzig and Posen, and became in 1859 head of the gymnasium in Gotha, where he died on the 30th of November 1882. The dedication of his treatiseHistoriae equitum romanorum libri quatuor(1841) to Lachmann led to his being recommended to the publisher of W. A. Becker’sHandbuch der römischen Alterthümerto continue the work on the death of the author in 1846. It took twenty years to complete, and met with such success that a new edition was soon called for. Finding himself unequal to the task single-handed, Marquardt left the preparation of the first three volumes (Römisches Staatsrecht) to Theodor Mommsen, while he himself contributed vols. iv.-vi. (Römische Staatsverwaltung, 1873-1878; 2nd ed., 1881-1885, vol. v. by H. Dessau and A. von Domaszewski, vol. vi. by G. Wissowa) and vol. vii. (Das Privatleben der Römer, 1879-1882; 2nd ed., by A. Mau, 1886). Its clearness of style, systematic arrangement and abundant references to authorities ancient and modern, will always render it valuable to the student.
See E. Förstemann inAllgemeine deutsche Biographie, Bd. XX; R. Ehwald,Gedächtnisrede(progr. Gotha, 1883).
See E. Förstemann inAllgemeine deutsche Biographie, Bd. XX; R. Ehwald,Gedächtnisrede(progr. Gotha, 1883).
MARQUESASorMendaña Islands(Fr.Les Marquises), an archipelago of the Pacific Ocean lying between 7° 50′ and 10° 35′ S. and 138° 50′ and 140° 50′ W., and belonging to France. It extends over 250 m. from S.E. to N.W., and has a total area of 490 sq. m. The southern or Mendaña group consists of the islands Fatuhiva or Magdalena, Motane or San Pedro, Tahuata or Santa Christina and Hivaoa or Dominica, the last with a coast-line of more than 60 m. With these is often included the rocky islet of Fatuhuku or Hood, lying in mid-channel to the north of Hivaoa. The north-western or Washington group is formed of seven islands, the four largest being Huapu or Adams, Huahuna or Washington, Nukuhiva (70 m. in circumference) and Eiao.1Alongthe centre of each island is a ridge of mountains, attaining an altitude of 4042 ft in Huapu, whence rugged spurs forming deep valleys stretch towards the sea. The volcanic origin of the whole archipelago is proved by the principal rocks being of basalt, trachyte and lava. Vegetation is luxuriant in the valleys, which are well watered with streams and, from their seaward termination in small bays, are themselves known as “bays.” The flora includes about four hundred known species, many of them identical with those belonging to the Society Islands. The vegetable products comprise bananas, breadfruit, yams, plantains, wild cotton, bamboos, sugarcane, coconut and dwarf palms, and several kinds of timber trees. The land fauna however is very poor; there are few mammals with the exception of dogs, rats and pigs; and amphibia and insects are also generally scarce. Of twenty species of birds more than half belong to the sea, where animal life is as abundant as about other sub-tropical Polynesian groups. The climate, although hot and damp, is not unhealthy. During the greater part of the year moderate easterly trade-winds prevail, and at the larger islands there are often both land and sea breezes. The rainy season accompanied by variable winds sets in at the end of November, and lasts for about six months. During this period the thermometer varies from 84° to 91° F.; in the dry season its average range is from 77° to 86°. The archipelago, which has some small trade in copra, cotton and cotton seeds, is administered by a French resident, and has a total population of about 4300, nearly all natives.
The natives, a pure Polynesian race, are usually described as physically the finest of all South Sea Islanders. Their traditions point to Samoa as the colonizing centre from which they sprang. Their complexion is a healthy bronze. Until the introduction of civilization they were remarkable for their elaborate tattooing. Their cannibalism seems to have been dictated by taste, for it was never associated with their religion, the sacrifices to their gods being always swine. Of these and fowls they rear a great quantity. Their native drink iskava. Their houses are unlike those usual in Polynesia in being built on platforms raised from the ground. In disposition the islanders are friendly and hospitable, brave and somewhat bloodthirsty; and, although naturally indolent and morose, they have proved industrious and keen traders. As among their kinsfolk the Tahitians, debauchery was systematized and infanticide an organized institution. A population which at the time of the annexation by France (1842) was 20,000 has been reduced to little over 4000. Latterly the natives have for the most part outwardly adopted Christianity.
The Marquesas Islands were discovered on the 21st of July 1595 by Alvaro Mendaña, who, however, only knew of the south-eastern group, to which he gave the name by which they are generally known (although they also bear his own), in honour of Don Garcia Hurtado de Mendoza, marquis of Cañete, viceroy of Peru, and patron of the voyage. Captain Cook pursuing the same track rediscovered this group, with the addition of Fatuhuku, in 1774. The north-western islands were first sighted by the American Captain Ingraham in 1791, and given the name of Washington by him; the French Captain Marchand followed in the same year, and Lieut. Hergest in 1792. The Russian explorer, Adam Ivan Krusenstern, made an extensive investigation of the archipelago in 1804. In 1813 the American Commodore David Porter failed to establish a colony here; and in May 1842, after French Roman Catholic missionaries had prepared the way, Rear-admiral Dupetit-Thouars took formal possession of the archipelago for France. A complete settlement was not effected without bloodshed and about 1860-1870 the colony was practically abandoned.See Vincendon-DumoulinÎles Marquises(Paris, 1843); E. Jardin,Essai sur l’histoire naturelle de l’archipel de Mendaña(Paris, 1860); Clavel,Les Marquisiens(Paris, 1885); Dordillon,Grammaire et dictionnaire de la langue des Îles Marquises(Paris, 1904).
The Marquesas Islands were discovered on the 21st of July 1595 by Alvaro Mendaña, who, however, only knew of the south-eastern group, to which he gave the name by which they are generally known (although they also bear his own), in honour of Don Garcia Hurtado de Mendoza, marquis of Cañete, viceroy of Peru, and patron of the voyage. Captain Cook pursuing the same track rediscovered this group, with the addition of Fatuhuku, in 1774. The north-western islands were first sighted by the American Captain Ingraham in 1791, and given the name of Washington by him; the French Captain Marchand followed in the same year, and Lieut. Hergest in 1792. The Russian explorer, Adam Ivan Krusenstern, made an extensive investigation of the archipelago in 1804. In 1813 the American Commodore David Porter failed to establish a colony here; and in May 1842, after French Roman Catholic missionaries had prepared the way, Rear-admiral Dupetit-Thouars took formal possession of the archipelago for France. A complete settlement was not effected without bloodshed and about 1860-1870 the colony was practically abandoned.
See Vincendon-DumoulinÎles Marquises(Paris, 1843); E. Jardin,Essai sur l’histoire naturelle de l’archipel de Mendaña(Paris, 1860); Clavel,Les Marquisiens(Paris, 1885); Dordillon,Grammaire et dictionnaire de la langue des Îles Marquises(Paris, 1904).
1Most of the islands have each three or four alternative names.
1Most of the islands have each three or four alternative names.
MARQUESS,orMarquis(Fr.marquis, Ital.marchese; from med. Lat.marchio,marchisus,i.e.comes marchiae, “count of the March”), a title and rank of nobility. In the British peerage it is the second in order and therefore next to duke. In this sense the word was a reintroduction from abroad; but lords of the Welsh and Scottish “marches” are occasionally termedmarchionesfrom an early date. The first marquess in England was Robert de Vere, the 9th earl of Oxford, who was created marquess of Dublin by Richard II. on the 1st of December 1385 and assigned precedence between dukes and earls. On the 13th of October following the patent of this marquessate was recalled, Robert de Vere then having been raised to a dukedom. John de Beaufort, earl of Somerset, the second legitimate son of John of Gaunt, was raised to the second marquessate as marquess of Dorset on the 29th of September 1397, but degraded again to earl in 1399. The Commons petitioned for the restoration of his marquessate in 1402, but he himself objected because “le noun de Marquys feust estraunge noun en cest Roialme.” From that period this title appears to have been dormant till the reign of Henry VI., when it was revived (1442), and thenceforward it maintained its place in the British peerage. Anne Boleyn was created marchioness of Pembroke in 1532. A marquess is “most honourable,” and is styled “my lord marquess.” His wife, who is also “most honourable,” is a marchioness, and is styled “my lady marchioness.” The coronet is a circlet of gold on which rest four leaves and as many large pearls, all of them of equal height and connected. The cap and lining, if worn, are the same as in the other coronets (seeCrownandCoronet). The mantle of parliament is scarlet, and has three and a half doublings of ermine.
In France, so early as the 9th century, counts who held several counties and had succeeded in making themselves quasi-independent began to describe themselves asmarchiones, this use of the word being due to the fact that originally none but the margraves, or counts of the marches, had been allowed to hold more than one county. Themarchioor marquess thus came to be no more than a count of exceptional power and dignity, the original significance of the title being lost. In course of time the title was recognized as ranking between those of duke and count; but with the decay of feudalism it lost much of its dignity, and by the 17th century the savour of pretentiousness attached to it had made it a favourite subject of satire for Molière and other dramatists of the classical comedy. Abolished at the Revolution, the title of marquess was not restored by Napoleon, but it was again revived by Louis XVIII., who created many of Napoleon’s counts marquesses. This again tended to cheapen the title, a process hastened under the republic by its frequent assumption on very slender grounds in the absence of any authority to prevent its abuse. In Italy too the title ofmarchese, once borne only by the powerful margraves of Verona, has shared the fate of most other titles of nobility in becoming common and of no great social significance. (See alsoMargrave.)
(J. H. R.)
MARQUETRY(Fr.marqueterie, frommarqueter, to inlay, literally to mark,marquer), an inlay of ornamental woods, ivory, bone, brass and other metals, tortoise-shell, mother-of-pearl, &c., in which shaped pieces of different materials or tints are combined to form a design. It is a later development of the ornamental inlays of wood known by the name of Intarsia, and though in the main the latter was a true inlay of one or more colours upon a darker or lighter ground, while marquetry is composed of pieces of quite thin wood or other material of equal thickness laid down upon a matrix with glue, there are examples of Intarsia in which this mode of manufacture was evidently followed. For instance, the backs of the stalls in the cathedral of Ferrara show the perspective lines of some of the subjects traced upon the ground where the marquetry has fallen off, but none of the sinkings in the surface which would be there if the panels had been executed as true inlays. In the endeavour to gain greater relief, shading and tinting the wood were resorted to, the shading being generally produced by scorching, either with a hot iron or hot sand, and the tinting by chemical washes and even by the use of actual colour, but the result is usually hardly commensurate with the labour expended. A combination of tortoise-shell and metal, the one forming the ground and the other the pattern upon it, which may be classed as marquetry also appears in the 17th century. The subjects of theintarsiatoriare generally arabesques or panels with elaborate perspectives, either of buildings or cupboards with different articles upon the shelves seen through half-open doors, which themselves are frequently of lattice-work delineated with extraordinary perfection, though figure subjects occur also. The latermarqueteursused a freer form of design for the most part, and scrolls and bunches offlowers appear in profusion, while if architectural forms occur they are generally in the shape of ruins amid landscape. The greater portion of the examples in England are importations, either from Holland (in which country very fine work was produced during the latter half of the 16th and 17th centuries) or from France. The reputation of the Dutchmarqueteurswas so great that Colbert engaged two, named Pierre Gole and Vordt, for the Gobelins at the beginning of the 17th century. Jean Macé of Blois, the first Frenchman known to have practised the art, who was at work in Paris from 1644 (when he was lodged in the Louvre), or earlier, till 1672, as a sculptor and painter, learnt it in the Netherlands. His title was “menuisier et faiseur de cabinets et tableaux en marqueterie de bois”; but as early as 1576 a certain Hans Kraus had been called “marqueteur du roi.” Jean Macé’s daughter married Pierre Boulle, and the greatest of the family, André Charles Boulle (q.v.), succeeded to his lodging in the Louvre on his death in 1672. The members of this family are perhaps the best known of the Frenchmarqueteurs. Their greatest triumphs were gained in the marquetry of metal and tortoise-shell combined with beautifully chiselled ormulu mountings; but many foreign workmen found employment in France from the time of Colbert, and some of them rose to the highest eminence. The names of Roentgen, under whom the later German marquetry perhaps reached its highest point, Riesener and Oeben, testify to their nationality. A good deal of marquetry was executed in England in the later Stuart period, mainly upon long-case clocks, cabinets and chests of drawers, and it is often of real excellence. Marquetry in a shallower form was also extensively used in the latter part of the 18th century. The most beautiful examples of the art in Italy are mainly panels of choir stalls or sacristy cupboards, though marriage coffers were also often sumptuously decorated in this manner. With the increase in luxury and display in the 17th and 18th centuries in France and Germany cabinets and escritoires became objects upon which extraordinary talent and expenditure were lavished. In South Germany musical instruments, weapons and bride chests were often lavishly decorated with marquetry. The cabinets are of elaborate architectural design with inlays of ebony and ivory or with veneers of black and white, the design counterchanging so that one cutting produced several repeats of the same pattern in one colour or the other. In modern practice as many as four or even six thicknesses are put together and so cut. When all the parts have been cut and fitted together face downwards paper is glued over them to keep them in place and the ground and the veneer are carefully levelled and toothed so as to obtain a freshly worked surface. The ground is then well wetted with glue at a high temperature and the surfaces squeezed tightly together between frames called “cauls” till the glue is hard. There are several modes of ensuring the accurate fitting of the various parts, which is a matter of the first importance.
MARQUETTE, JACQUES(1637-1675), French Jesuit missionary and explorer, re-discoverer (with Louis Joliet) of the Mississippi. He was born at Laon, went to Canada in 1666, and was sent in 1668 to the upper lakes of the St Lawrence. Here he worked at Sault Ste Marie, St Esprit (near the western extremity of Lake Superior) and St Ignace (near Michilimackinac or Mackinaw, on the strait between Huron and Michigan). In 1673 he was chosen with Joliet for the exploration of the Mississippi, of which the French had begun to gain knowledge from Indians of the central prairies. The route taken lay up the north-west side of Lake Michigan, up Green Bay and Fox river, across Lake Winnebago, over the portage to the Wisconsin river, and down the latter into the Mississippi, which was descended to within 700 m. of the sea, at the confluence of the Arkansas river. Entering the Mississippi on the 17th of May, Joliet and his companion turned back on the 17th of July, and returned to Green Bay and Michigan (by way of the Illinois river) at the end of September 1673. On the journey Marquette fell ill of dysentery; and a fresh excursion which he undertook to plant a mission among the Indians of the Illinois river in the winter of 1674-1675 proved fatal. He died on his way home to St Ignace on the banks of a small stream (the lesser and older Marquette River) which enters the east side of Lake Michigan in Marquette Bay (May 18, 1675). His name is now borne by a larger watercourse which flows some distance from the scene of his death.
See Marquette’sJournal, first published in Melchissédech Thévenot’sRecueil de Voyages(Paris, 1681), and fully given in Martin’sRelations inédites, and in Shea’sDiscovery and Exploration of the Mississippi Valley(New York, 1852); cf. also Pierre Margry’sDécouvertes ... des Français dans l’ouest et dans le sud de l’Amérique septentrionale(1614-1754);Mémoires et documents originaux(Paris, 1875), containing Joliet’sDétailsandRelations; Francis Parkman,La Salle and the Discovery of the Great West(Boston 1869-1878), esp. pp. x., 20, 32-33, 49-72.
See Marquette’sJournal, first published in Melchissédech Thévenot’sRecueil de Voyages(Paris, 1681), and fully given in Martin’sRelations inédites, and in Shea’sDiscovery and Exploration of the Mississippi Valley(New York, 1852); cf. also Pierre Margry’sDécouvertes ... des Français dans l’ouest et dans le sud de l’Amérique septentrionale(1614-1754);Mémoires et documents originaux(Paris, 1875), containing Joliet’sDétailsandRelations; Francis Parkman,La Salle and the Discovery of the Great West(Boston 1869-1878), esp. pp. x., 20, 32-33, 49-72.
MARQUETTE,a city, a port of entry and the county seat of Marquette county, Michigan U.S.A., on the south shore of Lake Superior. Pop. (1900), 10,058 (3460 foreign-born); (1910), 11,503. It is served by the Duluth, South Shore & Atlantic, the Marquette & South-Eastern, the Chicago, Milwaukee & St Paul, the Chicago & North-Western, and the Lake Superior & Ishpeming railways. The city, which is situated on a bluff 100 ft. above the lake, in a region characterized by rounded hills and picturesque irregularities, has a delightful climate, and is a popular summer resort. Presque Isle park (400 acres), a headland north of the city, is one of its principal attractions. Marquette is the seat of the Northern State Normal School (established 1899) and of the state house of correction and branch prison (established 1885). A county-court-house, the Peter White library, and the Federal building are the most prominent public buildings. Marquette is the seat of Roman Catholic and Protestant Episcopal bishoprics. The city is best known as a shipping centre of one of the richest iron-ore districts in the world, and its large and well-equipped ore docks are among its most prominent features. Marquette is the port of entry of the customs district of Superior. In 1896 its imports were valued at $358,505 and its exports at $4,708,302; in 1908, imports $1,845,724 and exports $7,040,473. Foundries, railway machine-shops, lumber and planing-mills, brewery and bottling works, and quarries of brownish-red sandstone contribute largely to the city’s economic importance. The charcoal iron blast-furnaces of the city manufacture pig-iron, and, as by-products, wood alcohol and acetic acid, recovered from the smoke of the charcoal pits. The value of the city’s factory products increased from $1,585,083 in 1900 to $2,364,081 in 1905, or 49.1%. The first settlement was made about 1845, and in 1849 it was named Worcester; but “Marquette” was soon substituted in honour of Jacques Marquette. It was incorporated as a village in 1859, and chartered as a city in 1871.
MARR, CARL(1858- ), American artist, was born at Milwaukee, Wisconsin, on the 14th of February 1858, the son of an engraver. He was a pupil of Henry Vianden in Milwaukee, of Schauss in Weimar, of Gussow in Berlin, and subsequently of Otto Seitz, Gabriel and Max Lindenschmitt in Munich. His first work, “Ahasuerus, the Wandering Jew,” received a medal in Munich. One of his pictures, “Episode of 1813,” is in the Royal Hanover Gallery, and his “Germany in 1806” received a gold medal in Munich and is in the Royal Academy of Koenigsberg. A large canvas “The Flagellants,” now in the Milwaukee public library, received a gold medal at the Munich Exposition in 1889. Another canvas, “Summer Afternoon,” in the Phoebe Hearst collection, received a gold medal in Berlin, in 1892. Marr became a professor in the Munich Academy in 1893, and in 1895 a member of the Berlin Academy of Arts.
MARRADI, GIOVANNI(1852- ), Italian poet, was born at Leghorn, and educated at Pisa and Florence. At the latter place he started with others a short-lived review, theNuovi Goliardi, which made some literary sensation. He became a teacher at various colleges, and eventually an educational inspector in Massa Carrara. He was much influenced by Carducci, and became known not only as a critic but as a charming descriptive poet, his principal volumes of verse beingCanzone moderne(1870),Fantasie marnie(1881),Canzoni e fantasie(1853),Ricordi lirici(1884),Poesie(1887),Nuovi canti(1891) andBallate moderne(1895).
MARRĀKESH(erroneouslyMoroccoorMarocco City), one of the quasi-capitals of the sultanate of Morocco, Fez and Mequinez being the other two. It lies in a spacious plain—Blad el Hamra, “The Red”—about 15 m. from the northern underfalls of the Atlas, and 96 m. E.S.E. of Saffi, at a height variously estimated at 1639 ft. (Hooker and Ball) and 1410 ft. (Beaumier). Ranking during the early centuries of its existence as one of the greatest cities of Islām, Marrākesh has long been in a state of grievous decay, but it is rendered attractive by the exceptional beauty of its situation, the luxuriant groves and gardens by which it is encompassed and interspersed, and the magnificent outlook which it enjoys towards the mountains. The wall, 25 or 30 ft. high, and relieved at intervals of 360 ft. by square towers, is so dilapidated that foot-passengers, and in places even horsemen, can find their way through the breaches. Open spaces of great extent are numerous within the walls, but for the most part they are defaced by mounds of rubbish and putrid refuse. With the exception of the tower of the Kutubia Mosque and a certain archway which was brought in pieces from Spain, there is not, it is asserted, a single stone building in the city; and even bricks (although the local manufacture is of excellent quality) are sparingly employed.Tabiyaor rammed concrete of red earth and stone is the almost universal building material, and the houses are consequently seldom more than two storeys in height. The palace of the sultan covers an extensive area, and beyond it lie the imperial parks of Agudal, the inner one reserved for the sultan’s exclusive use. The tower of the Kutubia is a memorial of the constructive genius of the early Moors; both it and the similar Hasan tower at Rabat are after the type of the contemporary Giralda at Seville, and if tradition may be trusted, all three were designed by the same architect, Jabir. The mosque to which the tower belongs is a large brick building erected by ‘Abd el Mumin; the interior is adorned with marble pillars, and the whole of the crypt is occupied by a vast cistern excavated by Yakūb el Mansur. Other mosques of some note are those of Ibn Yusef, El Mansur and El Mo’izz; the chapel of Sidi Bel Abbas, in the extreme north of the city, possesses property of great value, and serves as an almshouse and asylum. There is a special Jews’ quarter walled off from the rest. The general population is of a very mixed and turbulent kind; crimes of violence are common, and there are many professional thieves. The murder of a Frenchman, Dr Mauchamp, in March 1907, by the rabble of Marrākesh was the immediate cause of the occupation of Udja by France (seeMorocco:History). Almost the only manufacture extensively prosecuted is that of Morocco leather, mainly red and yellow, about 1,500 men being employed as tanners and shoemakers. Scottish missionaries and a few European traders have become established here. The city was founded in 1062 by Yusef bin Tashfin. Before it was a hundred years old it is said to have had 700,000 inhabitants, but the population in 1906 probably did not exceed 50,000 to 60,000.
See Leo Africanus, and Paul Lambert’s detailed description inNotice sur la ville de Maroc(Paris, 1868). Lambert’s plan of Marrākesh is reproduced with some additions by Dr A. Leared, and another may be found in Gatell.
See Leo Africanus, and Paul Lambert’s detailed description inNotice sur la ville de Maroc(Paris, 1868). Lambert’s plan of Marrākesh is reproduced with some additions by Dr A. Leared, and another may be found in Gatell.
MARRI,a Baluch tribe on the Dera Ghazi Khan border of Baluchistan. In the census of 1901 they numbered 19,161 and their fighting strength is about 3000. Their relations with the British commenced in 1840 with attacks made on the communications of Sir John Keane’s army, after it had passed through the Bolan. An attempt was made to punish the tribe, which ended in disastrous failure. Major Clibborn was repulsed in an attempt to storm the Naffusak Pass, losing 179 killed and 92 wounded out of 650. Many of his force died of heat and thirst. The fort of Kahan, which he was trying to relieve at the time, was forced to capitulate with the honours of war. The Marris, however, joined the British against the Bugtis in 1845. After the annexation of Sind in 1843 the Marris gave much trouble, but were pacified by the policy of General John Jacob and Sir Robert Sandeman. In 1880 during the second Afghan War they made frequent raids on the British line of communications, ending with the plunder of a treasure convoy. A force of 3070 British troops under Brigadier-General Macgregor marched through the country, and the tribe submitted and paid 11⁄4lakh (£12,500) out of a fine of 2 lakhs (£20,000); they also gave hostages for their future good behaviour. Since then they have given little trouble.
The Marri-Bugti country is classed as a tribal area in Baluchistan, politically controlled from Sibi, but enjoying a large measure of autonomy under its own chieftains. Total area, 7129 sq. m.; total pop. (1901), 38,919, almost equally divided between the two tribes of Marris and Bugtis.
MARRIAGE.Marriage (Fr.mariage, frommarier, to marry; Lat.maritare, frommas,maris, a male), or “matrimony” (Lat.matrimonium, frommater, a mother), may be defined either (a) as the act, ceremony, or process by which the legal relationship of husband and wife is constituted; or (b) as a physical, legal and moral union between man and woman in complete community of life for the establishment of a family.1It is possible to discriminate between three stages, taking marriage in the latter sense as an institution—the animal or physical stage, the proprietary or legal stage, and the personal or moral stage. In the first or physical stage the relation of the sexes was unregulated, and in many cases of brief duration. In the second or legal stage greater permanence was secured in marriage by assigning the husband a property right in his wife or wives. In the last stage the proprietary relation falls more and more into the background, and the relation of husband and wife approximates that of two individuals entirely equal before the law. Although in the history of marriage these three stages have been roughly successive, the order of their entering the conscious experience of the individual is usually the reverse of their order in the development of the race; and in the solemnization of a marriage based upon affection and choice the growth of the relation begins with the moral, advances to the legal and culminates in the physical union, each one of these deriving its meaning and its worth from the preceding. In most legal systems marriage, in the sense of a ceremony, takes the form of a contract—the mutual assent of the parties being the prominent and indispensable feature. Whether it is really a contract or not, and if so to what class of contracts it belongs, are questions which have been much discussed, but into which it is not necessary to enter. While the consent of parties is universally deemed one of the conditions of a legal marriage, all the incidents of the relationship constituted by the act are absolutely fixed by law. The jurist has to deal with marriage in so far as it creates the legal status of husband and wife. It should be added that, while marriage is generally spoken of by lawyers as a contract, its complete isolation from all other contracts is invariably recognized. Its peculiar position may be seen at once by comparing it with other contracts giving rise to continuous relationships with more or less indefinite obligations, like those of landlord and tenant, master and servant, &c. In these the parties may in general make their rights and duties what they please, the law only intervening when they are silent. In marriage every resulting right and duty is fixed by the law.
Besides true marriage, inferior forms of union have from time to time been recognized, and may be briefly noticed here. These have all but disappeared from modern society, depending as they do on matrimonial restrictions now obsolete.The institution of slavery is a fruitful source of this kind of debased matrimony. In Roman law no slave could contract marriage whether with another slave or a free person. The union of male and female slaves (contubernium) was recognized for various purposes; a free woman entering into a union with a slave incurred under the S.C. Claudianum the forfeiture of her own liberty; but the bondwoman might be the concubine of a freeman. In the United States, where slavery was said to be regulated by the principle of the civil law, the marriage of slaves was so far recognized that on emancipation complete matrimony took effect and the children became legitimate without any new ceremony.In Roman law no legal marriage could be contracted unless there wasconnubiumbetween the parties. Originally there was no connubium between plebs and patricians, and the privilege was conceded after a long struggle by the Lex Canuleia. In later times Latini and Peregrini were excluded from connubium except where the right had been expressly conferred. The great matrimonial law of the early empire (Lex Julia et Papia Poppaea) introduced restrictions depending on the condition of the parties which later legislation extended and perpetuated. Senators under that law were forbidden to marry freedwomen or women of inferior rank, and the husband of a freedwoman becoming a senator was set free from his marriage. In the canon law2new restrictions were developed. Persons who bound themselves not to marry were deemed incapable of marrying. The order of the clergy were forbidden to marry. And disparity of faith was recognized by the early church as a bar to matrimony,e.g.between Christians and pagans and between orthodox and heretics (seeDictionary of Christian Antiquities, art. “Marriage”).Concubinage, which such restrictions tended to develop, is noticed under a separate heading (q.v.). It might be described as marriage which has no consequences, or only slight and peculiar consequences, in legalstatus. In the left-handed or “morganatic” marriages of the German royal families we have the nearest approach ever made by concubinage to true marriage, the children being legitimate, but neither they nor the wife acquiring any right to the rank or fortune of the husband. The marriage of persons of different religions frequently requires the intervention of the law as to the faith of the children, more particularly in Europe as between Roman Catholics and Protestants. English law gives the father, except under special circumstances, the right to dictate the faith of his children (seeInfant). The practice on this point varies in Europe—the question being ignored in French law, Germany following in some parts the same rule as England, in others giving effect to ante-nuptial stipulations. In Ireland mixed marriages (i.e.between Roman Catholic and Protestant) were by 19 Geo. II. c. 13 null and void if celebrated by a Roman Catholic priest. This act was repealed by 33 & 34 Vict.c.110, which permits mixed marriages to be validly celebrated by an Episcopalian or Roman Catholic clergyman, subject to conditions set forth in § 38.
Besides true marriage, inferior forms of union have from time to time been recognized, and may be briefly noticed here. These have all but disappeared from modern society, depending as they do on matrimonial restrictions now obsolete.
The institution of slavery is a fruitful source of this kind of debased matrimony. In Roman law no slave could contract marriage whether with another slave or a free person. The union of male and female slaves (contubernium) was recognized for various purposes; a free woman entering into a union with a slave incurred under the S.C. Claudianum the forfeiture of her own liberty; but the bondwoman might be the concubine of a freeman. In the United States, where slavery was said to be regulated by the principle of the civil law, the marriage of slaves was so far recognized that on emancipation complete matrimony took effect and the children became legitimate without any new ceremony.
In Roman law no legal marriage could be contracted unless there wasconnubiumbetween the parties. Originally there was no connubium between plebs and patricians, and the privilege was conceded after a long struggle by the Lex Canuleia. In later times Latini and Peregrini were excluded from connubium except where the right had been expressly conferred. The great matrimonial law of the early empire (Lex Julia et Papia Poppaea) introduced restrictions depending on the condition of the parties which later legislation extended and perpetuated. Senators under that law were forbidden to marry freedwomen or women of inferior rank, and the husband of a freedwoman becoming a senator was set free from his marriage. In the canon law2new restrictions were developed. Persons who bound themselves not to marry were deemed incapable of marrying. The order of the clergy were forbidden to marry. And disparity of faith was recognized by the early church as a bar to matrimony,e.g.between Christians and pagans and between orthodox and heretics (seeDictionary of Christian Antiquities, art. “Marriage”).
Concubinage, which such restrictions tended to develop, is noticed under a separate heading (q.v.). It might be described as marriage which has no consequences, or only slight and peculiar consequences, in legalstatus. In the left-handed or “morganatic” marriages of the German royal families we have the nearest approach ever made by concubinage to true marriage, the children being legitimate, but neither they nor the wife acquiring any right to the rank or fortune of the husband. The marriage of persons of different religions frequently requires the intervention of the law as to the faith of the children, more particularly in Europe as between Roman Catholics and Protestants. English law gives the father, except under special circumstances, the right to dictate the faith of his children (seeInfant). The practice on this point varies in Europe—the question being ignored in French law, Germany following in some parts the same rule as England, in others giving effect to ante-nuptial stipulations. In Ireland mixed marriages (i.e.between Roman Catholic and Protestant) were by 19 Geo. II. c. 13 null and void if celebrated by a Roman Catholic priest. This act was repealed by 33 & 34 Vict.c.110, which permits mixed marriages to be validly celebrated by an Episcopalian or Roman Catholic clergyman, subject to conditions set forth in § 38.
Roman law.—The three primitive modes of marriage wereconfarreatio,coemptio in manum, andusus, all of which had the effect of placing the woman in the “power” (manus) of her husband, and on the same footing as the children. The first was a religious ceremony before ten witnesses, in which an ox was sacrificed and a wheaten cake broken and divided between the spouses by the priest.Coemptiowas a conveyance of the woman bymancipatio, and might be described as a fictitious saleper aes et libram, like that employed in emancipation and testamentary disposition and other processes.Ususwas the acquisition of the wife by prescription, through her cohabiting with the husband for one year, without having been absent from his house three continuous nights. But a true marriage might be concluded without adopting any of these modes, and they all fell into desuetude and with them the subjection of the wife to themanus. Marriage withoutmanuswas contracted by the interchange of consent, without writing or formality of any kind. By some jurists it is regarded as incomplete until consummated by delivery of the woman, and is accordingly referred to the class ofrealcontracts. The restrictions as to age, relationship by consanguinity and affinity, previous marriage, &c., were in the main those which have continued to prevail in modern Europe with one important exception. The consent of thepaterfamiliasto the marriage of the children under his power was essential.
Canon law.—The canon law of marriage is based partly on the Roman law, the validity of which the Church from the first recognized, partly on the Jewish law as modified by the new principles introduced by Christ and his apostles, developed by the fathers of the Church and medieval schoolmen, and regulated and defined by popes and councils. The most important of these principles was that of the indissolubility of marriage, proclaimed by Christ without qualification according to Mark x. 11, 12, and with the qualifying clause “saving for the cause of fornication” according to Matt. v. 32. This lofty view of marriage, according to which man and wife are made “one flesh” by the act of God (“What therefore God hath joined together, let no man put asunder,” Mark x. 9) was, however, modified by the idea of the consummating act of marriage as in itself something unholy, a result of the Fall. Christ himself, indeed, did not teach this; but for St Paul marriage is clearly a concession to the weakness of the flesh (1 Cor. vii.). “The time is short,” and in view of the imminent coming of the Lord the procreation of children a matter of no importance (v. 29), but “it is better to marry than to burn” (v. 9). He is, however, obviously not clear on the point, and at the end of his argument strikes a note of doubt (v. 40); elsewhere he defends marriage, against those who would have forbidden it altogether, as a gift of God (1 Tit. iv. 3-5) and even, in seeming contradiction to 1 Cor. vii. 29, commands the bearing of children (1 Tit. v. 14). Finally it is to St Paul that the idea of marriage as a sacrament is to be traced, in the mystic comparison of the relations of husband and wife to those of Christ and his Church (Eph. v. 23-32). These are the main foundations in Scripture on which the Christian law of marriage is built up, and they are obviously principles which admit of a large amount of variety of interpretation and of practice. They were developed in the early Church under the influence of the rapidly growing passion for the celibate life, partly an outcome of the same dualistic principle which produced the asceticism of the Jewish Essenes and of the Gnostics, partly perhaps a natural reaction from the appalling moral corruption of the decaying empire. Marriage, it is true, from being no more than a terminable civil contract, became a thing holy, a mystic union of souls and bodies never to be divided; valid, indeed, but not spiritually complete, without the public blessing of the Church (Tertullian,Ad uxorem, lib. ii. cap. 9); and from Augustine’s time onward it was reckoned as a sacrament. But at the same time there was a tendency to restrict its rights and its range. So far as marriage was a physical union, this had for its object solely the perpetuation of the race and the avoidance of fornication; the most that was conceded was that the intention of having offspring not only made the conjugal act blameless, but even gave to the desire that inspired it an element of good (Augustine,de nupt. et conc.3). But the ideal married life was that attributed to Mary and Joseph. Thus Augustine cited this as an example that a true marriage may exist where there is a mutual vow of chastity (op. cit.12), and held that the sooner this relation was established the better (de bono conjug.22). Marriage being then an inferior state, to be discouraged rather than the reverse, the tendency was rapidly to narrow the field within which it might be contracted. Remarriage (bigamy) was only allowed after many struggles, and then only to the laity; St Paul had laid down that a “bishop” must be “the husband of one wife,” and to this day the priests of the Orthodox Eastern Church may not remarry. Clerical celibacy, at first a counsel of perfection, was soon to become the rule of the Church, though it was long before it was universally enforced in the West; in the East it still applies only to monks, nuns and bishops (seeCelibacy). The marriage of the laity was hampered by the creation of a number of impediments. The few and definite prohibitions of the Roman and of the Jewish law (Lev. xviii. 6-18; xx.) in the matter of marriage between kindred, were indefinitely extended; until in 506 the council of Agde laid it down that any consanguinity or affinity whatever constituted an impediment.3Moreover, man and wife being “one flesh,” the Church exaggerated relationship by affinity into equal importance with that of consanguinity as an impediment to matrimony; and, finally, to all this added the impediments created by “spiritualaffinity,”i.e.the relations established between baptizer and baptized, confirmer and confirmed, and between godparents, their godchildren and their godchildren’s relatives.
The result of this system was hopeless confusion anduncertainty, and it was early found necessary to modify it. This was done by Pope Gregory I., who limited the impediment to the 7th degree of relationship inclusive (civil computation)4which was afterwards made the law of the empire by Charlemagne. Later still Innocent III. found it necessary again to issue a decree (4th Lateran Council) permitting marriages between a husband and the relations of his wife, and vice versa, beyond the 4th degree inclusive (canonical computation).5This remains the canonical rule of the Roman Catholic Church. As regards impediments due to spiritual affinity, these were limited by the Council of Trent to the relation of the baptizer and baptized; the baptizer and the parents of the baptized; the baptizer and the godfather and godmother; the godparents and the baptized and its parents:i.e.a godfather may not marry the mother of the child he has held at the font, nor the godmother the father of such child.
In the fully developed canon law impediments to marriage are of two kinds, public and private (impedimenta publicaandprivata),i.e.according as the objection arises out of the very nature of marriage itself or from consideration for the rights of particular persons; near relationship, for instance, is a public impediment, impotence (impotentia) and force (vis et metus) are private impediments. Impediments are further divided into separating (impedimenta dirimentia) or merely suspensive (impedimenta tantum impedientia); to the first class belongs,e.g.a previous marriage not dissolved by death, which involves the nullification of the marriage even where through ignorance the crime of bigamy is not involved; to the second belongs the case of one or both of the contracting parties being under the age of puberty.6Impediments, moreover, are absolute or relative, according as they are of universal application or only affect certain persons; near relationship, for instance, is an absolute impediment, difference of religion between the parties a relative impediment. In addition to consanguinity and affinity, impuberty and existing marriage, the canon law lays down as public and absolute impediments to marriage the taking of holy orders and the vows of chastity made on entering any of the religious orders approved by the Holy See. In these impediments the canon law further distinguishes between those which are based on the law of nature (jus naturae) and those which are based on the law of the Church (jus ecclesiae). From impediments based on the law of nature, or of God, there is no power even in the pope to dispense;e.g.marriage of father and daughter, brother and sister, or remarriage of husband or wife during the lifetime of the wife or husband of another marriage, which is held to be a violation of the very nature of marriage as an indissoluble union.7From impediments arising out of the law of the Church dispensations are granted, more or less readily, either by the pope or by the bishop of the diocese in virtue of powers delegated by the pope (seeDispensation). Thus dispensations may be granted for marriage between persons related by consanguinity in any beyond the 2nd degree and not in the direct line of ascent or descent;e.g.between uncle and niece (confined by the council of Trent to the case of royal marriages for reasons of state) and between cousins-german, or in the case of marriage with a heretic. In this latter case a dispensation is now (i.e.since the papal decreesne temereof the 2nd of August 1907, which came into force at Easter 1908) only granted on condition that the parties are married by a Catholic bishop, or a priest accredited by him, that no religious ceremony shall take place except in a Catholic church, and that all the children shall be brought up in the Roman Catholic faith.8
In the absence of any impediment a marriage is according to the canon law completed between baptized persons by the facts of consent and consummation; the principle is still maintained that the parties to the marriage, not the priest, are the “ministers of the sacrament” (ministri sacramenti).9From the first, however, the Church, while recognizing the validity of private contracts, enjoined the addition of a public religious ceremony, so that they might be “sanctified by the word of God and prayer” (1 Tim. iv. 5).10Tertullian (de pudicitia, cap. iv.) says that clandestine marriages, not professed in the Church, were reckoned among Christians as all but fornication, and he speaks of the custom of seeking permission to marry from the bishop, priests and deacons (de monogamia, cap. xi.). This latter precaution became increasingly necessary as impediments were multiplied, and Charlemagne, in a capitulary of 802, forbade the celebration of a marriage until “the bishops, priests and elders of the people” had made diligent inquiry into the question of the consanguinity of the parties. This was the origin of the publication of banns which, long customary in France, was made obligatory on the whole Church by Pope Innocent III. In the Eastern Church the primitive practice survives in the ceremonial blessing by the priest of the betrothal, as distinguished from the marriage ceremony. The ecclesiastical recognition of clandestine marriages, however, survived until the crying evil was remediedby a decree of the council of Trent (Sess. xiv.de matrim.),11which laid it down that for a valid marriage it was at least necessary that consent should be declared before a priest and in the presence of three witnesses. According to the actual law of the Roman Catholic Church, then, a civil marriage is only valid when the Tridentine decree has not been published; where this has been published, or has been in practice without publication, such a marriage can only become valid if followed by a religious ceremony in the prescribed form. Where such form has not followed the ecclesiastical courts must treat the marriage as voidable through theimpedimentum clandestinitatis.
Divorce,i.e.the annulment of marriage for any cause but an impediment which makes the marriageipso factovoid, is unknown to the Roman Catholic Church. Separationa vinculo matrimoniiis only possible under the canon law by a judicial decree of nullity (annullatio matrimonii), which implies, not the severing of the ties of a real marriage, but the solemn declaration that such marriage has never existed. There may, however, be a “separation from bed and board” (a thoro et mensa), even perpetual, which does not however give either party the right to remarry during the lifetime of the other. But, marriage not being regarded as a sacrament until consummated, it may be dissolved, if non-consummation he proved, by one or both parties taking the religious vows, or by papal dispensation. The Church claims exclusive control over marriage, and the council of Trent anathematized the opinion held by Luther and other Reformers, that it was properly a subject for the civil courts (si quis dixerit causas matrimoniales non spectare ad judices ecclesiasticos anathema sit, Sess. xxiv. cap. 2). This attitude became of extreme political importance when even in Catholic countries the codes established civil marriage as the only legally binding form.
England.—Marriage may be the subject of an ordinary contract on which an action may be brought by either party. It is not necessary that the promise should be in writing, or that any particular time should be named. Promises to marry are not within the meaning of “agreement made in consideration of marriage” in the statute of frauds, which requires such agreements to be in writing. Contracts in restraint of marriage,i.e.whose object is to prevent a person from marrying anybody whatever, are void, as are also contracts undertaking for reward to procure a marriage between two persons. These latter are termed marriage brocage contracts.
Any man and woman are capable of marrying, subject to certain disabilities, some of which are said to be canonical as having been formerly under the cognisance of the ecclesiastical courts, others civil. The effect of a canonical disability as such was to make the marriage not void but voidable. The marriage must be set aside by regular process, and sentence pronounced during the lifetime of the parties. Natural inability at the time of the marriage to procreate children is a canonical disability. So was relationship within the prohibited degrees, which has been made an absolute avoidance of marriage by the Marriage Act 1835. Civil disabilities are (1) the fact that either party is already married and has a spouse still living;12(2) the fact that either person is a party of unsound mind; (3) want of full age, which for this purpose is fixed at the age of puberty as defined in the Roman law, viz. fourteen for males and twelve for females;13(4) relationship within the prohibited degrees.
The statute which lawyers regard as establishing the rule on this last point is the 32 Hen. VIII. c. 38 (repealed in part by 2 & 3 Edw. VI. c. 23, in whole by 1 & 2 P. and M. c. 8, but revived by 1 Eliz. c. 1, and so left as under the Act of Edward), which enacts that “no prohibition, God’s law except, shall trouble or impeach any marriage without the Levitical degrees.” The forbidden marriages, as more particularly specified in previous statutes, are those between persons in the ascending and descending linein infinitum, and those between collaterals to the third degree inclusive, according to the computation of the civil law. The prohibitions extend not only toconsanguinei(related by blood) but toaffines(related by marriage), now altered so far as a deceased wife’s sister is concerned (see below). The act of 1835 enacted that “all marriages which shall hereafter be celebrated between persons within the prohibited degrees of consanguinity or affinity shall be absolutely null and void to all intents and purposes whatsoever.” They had previously been only voidable. The act at the same time legalized marriages within the prohibited degrees of affinity (but not consanguinity) actually celebrated before the 31st of August 1835.