The Presbyterian courts thus created are arranged in ascending order:--

(a) _Kirk Session_ consists of the minister of the parish and the

"ruling elders" (who are elected by the session). It has cognizance of

scandalous offences by laymen and punishes them by deprivation of

religious privileges. It does not judge ministers (Brodie-Innes,

_Comparative Principles of the Laws of England and Scotland_, 1903, p.

144).

(b) The _Presbytery_ has jurisdiction, partly appellate and partly

original, over a number of parishes. There are now eighty-four

presbyteries. These courts consist of every parochial minister or

professor of divinity of any university within the limits, and of an

elder commissioned from every kirk session. A minister is elected to

preside as moderator. These courts judge ministers in first instance for

scandalous conduct. As civil courts they judge in first instance all

questions connected with glebes and the erection and repair of churches

and manses. They regulate matters concerning public worship and

ordinances, and have appellate jurisdiction from the kirk session.

(c) The _Provincial Synod_ consists of a union of three or more

presbyteries with the same members. There are now sixteen. They meet

twice a year to hear appeals from presbyteries. No appeal can go direct

to the General Assembly, _omisso medio_, unless the presbytery have so

expressly directed, or unless there be no meeting of synod after the

decision of the presbytery before the meeting of General Assembly.

(d) The _General Assembly_ is the supreme ecclesiastical court of this

system. It meets annually. The king's "lord high commissioner" attends

the sittings; but does not intervene or take part in the court's

decisions. The court consists of ministers and elders, elected from the

presbyteries in specified proportions, and of commissioners from the

four universities, the city of Edinburgh and the royal burghs. The

Presbyterian Church in India sends one minister and one elder. The whole

Assembly consists of 371 ministers and 333 elders. The jurisdiction is

entirely appellate. The Assembly appoints a commission to exercise some

of its functions during the intervals of its session. To this commission

may be referred the cognizance of particular matters.

Questions of _patronage_ now (by 37 & 38 Vict. c. 82) belong to the

Church courts; but not questions of _lapse_ or _stipend_. Seats, seat

rents, pews, the union and disjunction of parishes and formation of

district parishes are of secular jurisdiction. Questions of tithes (or

"teinds") and ministers' stipends were referred to commissioners by acts

of the Scots parliaments beginning in 1607. The commissioners of teinds

became a species of ecclesiastical court. By Scots act of 1707, c. 9,

their powers were transferred to the judges of the court of session, who

now constitute a "teind court" (Brodie-Innes, op. cit. pp. 138, 139).

Matrimonial matters and those relating to wills and succession (called

in Scotland "consistorial" causes) were in 1563 taken from the old

bishops' courts and given to "commissaries" appointed by the crown with

an appeal to the court of session, which by act 1609, c. 6, was declared

the king's great consistory. They have remained matters of secular

jurisdiction.

The Scots ecclesiastical courts are entitled to the assistance of the

secular courts to carry out their jurisdiction by "due assistance."

Within the limits of their jurisdiction they are supreme. But if a court

go outside its jurisdiction, or refuse to exercise powers conferred on

it by law, the civil court may "reduce" (i.e. set aside) the sentence

and award damages to the party aggrieved.

Protestant continental European states.

With the Reformation in the 16th century, Church courts properly

speaking disappeared from the non-episcopal religious communities which

were established in Holland, in the Protestant states of Switzerland and

of Germany, and in the then non-episcopal countries of Denmark and

Norway.

Discipline over ministers and other office-bearers was exercised by

administrative methods in the form of trials before consistories or

synods. To this extent ecclesiastical jurisdiction is still exercised in

these countries. Consistories and synods have exercised discipline of a

penitential kind over their lay members; but in later times their

censures have generally ceased to carry temporal consequences.

Ecclesiastical jurisdiction on the civil side for the trial of causes

soon disappeared. Heresy has been treated as a crime to be tried in and

punished by the ordinary courts of the country, as in the cases of

Servetus (q.v.) and Grotius (q.v.).

For the episcopal churches of Sweden and Finland the first constitution

or "Church order" was formed in 1571. It provided for the visitation of

the clergy by the bishop, and for the power of the clergy to exclude

their lay folk from the Holy Communion, subject to appeal to the bishop.

Both minor and major excommunication had been in use, and for a long

time public penance was required. The procedure underwent great

modification in 1686; but public penance was not taken away till 1855,

and then confession to and absolution by the priest in the presence of

witnesses was still required. Civil jurisdiction in causes appears to

have been given up early (Cornelius, _Svenska Kirkaus Historia_, Upsala,

1875, pp. 146, 186, 189, 285).

Roman Catholic countries.

Over the rest of western continental Europe and in the colonies of

Spain, Portugal and France, ecclesiastical jurisdiction remained

generally in the state which we have already described till near the end

of the 18th century. The council of Trent took away the jurisdiction of

archdeacons in marriage questions. The testamentary jurisdiction

disappeared (as already stated) in France. Disputed cases of contract

were more often tried in the secular courts. Recourse to the secular

prince by way of _appel comme d'abus_, or otherwise, became more

frequent and met with greater encouragement. Kings began to insist upon

trying ecclesiastics for treason or other political crimes in secular

courts. So under the advice of his minister (the marquis of Pombal),

King Joseph of Portugal in 1759-1760 claimed that the pope should give

him permission to try in all cases clerics accused of treason, and was

not content with the limited permission given to try and execute, if

guilty, the Jesuits then accused of conspiring his death (_Life of

Pombal_, by Count da Carnota, 1871, pp. 128, 141). But there was no

sudden change in the position of the courts Christian till the French

Revolution.

In France a law of the Revolution (September 1790) purported to suppress

all ecclesiastical jurisdictions. On the re-establishing of the Catholic

religion on the basis of the new Concordat, promulgated 18 Germinal,

year X. (April 8, 1802), no express provision was made for

ecclesiastical jurisdictions; but several bishops did create new

ecclesiastical tribunals, "officialities" (Migne, _Dict. de droit

canon._, s.v.). The government in some cases recognized these tribunals

as capable of judging ecclesiastical causes (Migne, _ubi sup._). In 1810

the diocesan official of Paris entertained the cause between Napoleon

and Josephine, and pronounced a decree of nullity (Migne, _ubi sup._

s.v. "Causes"). Such litigation as still continued before the spiritual

forum was, however, confined (save in the case of the matrimonial

questions of princes) to the professional conduct of the clergy.

Such neighbouring countries as were conquered by France or

revolutionized after her pattern took the same course of suppressing

their ecclesiastical jurisdictions. After 1814, some of these

jurisdictions were revived. But the matter is now determined for all

countries which have adopted codes, whether after the pattern of the

Code Napoleon or otherwise. These countries have created a hierarchy of

temporal courts competent to deal with every matter of which law takes

cognizance, and a penal code which embraces and deals with all crimes or

delicts which the state recognizes as offences. Hence, even in countries

where the Roman Church is established, such as Belgium, Italy, the

Catholic states of Germany and cantons of Switzerland, most of the Latin

republics of America, and the province of Quebec, and _a fortiori_ where

this Church is not established, there is now no discipline over the

laity, except penitential, and no jurisdiction exercised in civil suits,

except possibly the matrimonial questions of princes (of which there was

an example in the case of the reigning prince of Monaco). In Spain

causes of nullity and divorce _a thoro_, in Portugal causes of nullity

between Catholics, are still for the court Christian. In Peru, the old

ecclesiastical matrimonial jurisdiction substantially remains (Lehr, _Le

Mariage dans les principaux pays_, 1899, arts. 362, 797, 772, 781).

Otherwise these three countries are Code countries. In Austria, the

ancient ecclesiastical jurisdiction was taken away by various acts of

legislation from 1781 to 1856; even voluntary jurisdiction as to

dispensations. The Concordat of 1856 and consequent legislation restored

matrimonial jurisdiction to the courts Christian over marriages between

Roman Catholics. In 1868 this was taken away. The Austrian bishops,

however, maintain their tribunals for spiritual purposes, and insist

that such things as divorce _a vinculo_ must be granted by their

authority (Aichner, _Compendium juris ecclesiastici_, pp. 551-553).

By consent and submission of her members, the Roman Church decides _in

foro conscientiae_ questions of marriage, betrothal and legitimacy

everywhere; but no temporal consequences follow except in Spain,

Portugal and Peru.

The position in France was the same as that in Belgium, Italy, &c., till

1906, when the Church ceased to be established. The only Latin countries

in which conflict has not arisen appear to be the principality of

Andorra and the republic of San Marino (Giron y Areas, _Situacion

juridica de la Iglesia Catolica_, Madrid, 1905, p. 173 et seq.).

Even as to the discipline of the Roman clergy it is only in certain

limited cases that one can speak of ecclesiastical jurisdiction. Bishops

and beneficed incumbents (_cures_) must be regularly tried; and where

the Church is established the canonical courts are recognized. But the

majority of parishes are served by mere _desservants_ or _vicaires_, who

have no rights and can be recalled and dismissed by mere administrative

order without trial (Migne, _ubi sup._ s.v. "Inamovibilite,"

"Desservants").

The Napoleonic legislation re-established the _appel comme d'abus_

("_Articles organiques_," art. 6). The recourse was now to the council

of state (see Migne, _ubi supra_, "Officialite"). But the revocation of

a _desservant_, and the forbidding him the execution of his ministry in

the diocese, was not a case in which the council of state would

interfere (Migne, _ubi sup._ "Appel comme d'abus," "Conseil d'etat").

Jurisdiction in Anglican communion.

In those provinces of the Anglican communion where the Church is not

established by the state, the tendency is not to attempt any external

discipline over the laity; but on the other hand to exercise consensual

jurisdiction over the clergy and office-bearers through courts nearly

modelled on the old canonical patterns.

Modern jurisdiction of Church of Rome.

In the Roman communion, on the other hand, both where the Church is

established and where it is not, the tendency is to reduce the status of

_cure_ to that of _desservant_, and to deal with all members of the

priestly or lower orders by administrative methods. This practice

obtains in all missionary countries, e.g. Ireland and also in Belgium

(S.B. Smith, _Elements of Ecclesiastical Law_, New York, i. 197 et seq.;

p. 403 et seq.; Tauber, _Manuale juris canonici_, Sabariae, 1904, p.

277). In the United States, the 3rd plenary council of Baltimore in 1884

provided that one rector out of ten should be irremovable (Smith, op.

cit. i. 197, 419). In England there are few Roman "benefices" (E.

Taunton, _Law of the Church_, London, 1906, s.v. "Benefice"). A

_desservant_ has an informal appeal, by way of recourse, to the

metropolitan and ultimately to the pope (Smith, op. cit. p. 201). The

bishop's "official" is now universally called his vicar-general (except

in France, where sometimes an _official_ is appointed _eo nomine_), and

generally exercises both voluntary and contentious jurisdiction (op.

cit. i. 377). As of old, he must be at least tonsured and without a wife

living. At the Vatican Council, a desire was expressed that he should be

a priest (ib.). He should be a doctor in theology or a licentiate in

canon law (ib. p. 378). Whether a bishop is bound to appoint a

vicar-general is still disputed (ib. p. 380; cf. _supra_; _contra_,

Bouix, _Inst. Juris Canon. De Judic._ i. 405). In 1831 the pope enacted

that in all the dioceses of the then Pontifical States, the court of

first instance for the criminal causes of ecclesiastics should consist

of the ordinary and four other judges. In the diocese of Rome, the

court of the cardinal vicar-general consists of such vicar-general and

four other prelates (Smith, _ubi supra_). In the Roman communion in

England and the United States, there are commissions of investigation

appointed to hear in first instance the criminal causes of clerks. They

consist of five, or at least three, priests nominated by the bishop in

and with the advice of the diocesan synod. In the United States, since

1884, the bishop presides on these commissions. They report their

opinions to the bishop, who passes final sentence (ib. ii. 129-131).

"Exemptions" now include all the regular religious orders, i.e. those

orders which have solemn vows. Over the members of these orders their

superiors have jurisdiction and not the bishop. Otherwise if they live

out of their monastery, or even within that enclosure so notoriously

offend as to cause scandal. In the first case, they may be punished by

the ordinary of the place, acting as delegate of the pope without

special appointment (_Conc. Trid. Sess._ vi. c. 3). In the second case,

the bishop may require the superior to punish within a certain time and

to certify the punishment to him; in default he himself may punish

(_Conc. Trid. Sess._ xxv. c. 14, cf. Smith, op. cit. i. 204-206). So,

regulars having cure of souls are subject to the jurisdiction of the

bishop in matters pertaining thereto (ib. p. 206). The exemption of

regular religious orders may be extended to religious societies without

solemn vows by special concession of the pope, as in the case of the

Passionists and Redemptorists (ib. p. 205; Sanguineti, _Juris ecc.

inst._, Rome, 1800, pp. 393, 394).

Appeal lies, in nearly all cases, to the metropolitan (Smith, op. cit.

pp. 219-223). Metropolitans usually now have a metropolitan tribunal

distinct from their diocesan court (ib. ii. 141), but constructed on the

same lines, with the metropolitan as judge and his vicar-general as

vice-judge. In some "missionary" dioceses, the metropolitan, _qua_

metropolitan, has a separate commission of investigation, to try the

criminal causes of clerks, sentence being passed by himself or his

vicar-general (ib. p. 142).

The next step in the hierarchy, that of "primates" (_supra_), has "in

the present state of the Church" ceased to exist for our purpose

(Sanguineti, op. cit. p. 334), as a result of Tridentine legislation.

The only appellate jurisdiction from the metropolitans is the Roman See.

To it also lies a direct appeal from the court of first instance,

_omisso medio_ (Smith, op. cit. i. 224). The pope's immediate and

original jurisdiction in every diocese is now expressly affirmed by the

Vatican Council (ib. p. 239). That original jurisdiction he reserves

exclusively to himself in _causis majoribus_ (ib. pp. 249-250). These

are (1) causes relating to elections, translations and deprivations of,

and criminal prosecutions against, bishops, and (2) the matrimonial

cases of princes (Taunton, op. cit. s.v. "Cause").

Eastern Church.

In the Eastern Church, the early system of ecclesiastical judicature

long continued. But a sacred character was ascribed to the emperors.

They are "anointed lords like the bishops" (Balsamon, in _Conc. Ancyr.

Can._ xii., representing the view of the 12th and 13th centuries).

Bishops were often deposed by administrative order of the emperor;

synods being expected afterwards to confirm, or rather accept, such

order. The germ of this dealing with a _major causa_ may be found in the

practice of the Arian emperors in the 4th century. The cause of Ignatius

and Photius was dealt with in the 9th century by various synods; those

in the East agreeing with the emperor's view for the time being, while

those in the West acted with the pope. (The details are in Mansi, _Conc.

in locis_, and in Hefele, _Conc. in locis_, more briefly. They are

summarized in Landon, _Manual of Councils_, s.v. "Constantinople,"

"Rome," and in E.S. Foulkes, _Manual of Ecclesiastical History_, s.v.

"Century IX.") Since these transactions patriarchs have been deposed by

the Byzantine emperors; and the Turkish sultans since the 15th century

have assumed to exercise the same prerogative.

The spiritual courts in the East have permanently acquired jurisdiction

in the matrimonial causes of baptized persons; the Mahommedan

governments allowing to Christians a personal law of their own. The

patriarch of Constantinople is enabled to exercise an extensive

criminal jurisdiction over Christians (Neale, _Hist. of the Eastern

Church_, i. 30, 31).

The empire of Russia has in the matter of ecclesiastical jurisdiction

partly developed into other forms, partly systematized 4th century and

later Byzantine rules. The provincial system does not exist; or it may

be said that all Russia is one province. An exception should be made in

the case of Georgia, which is governed by an "exarch," with three

suffragans under him. In the remainder of the empire the titles of

metropolitan, save in the case of the metropolitan of all Russia, and of

archbishop, were and are purely honorary, and their holders have merely

a diocesan jurisdiction (see Mouravieff, _History of the Russian

Church_, translated Blackmore, 1842, translator's notes at pp. 370, 390,

416 et seq.). So in Egypt the bishop or "pope" (afterwards patriarch) of

Alexandria was the only true metropolitan (Neale, _History of the

Eastern Church_, Gen. Introd. vol. i. p. 111). The metropolitan of

Russia from the time of the conversion (A.D. 988) settled at Kiev, and

his province was part of the patriarchate of Constantinople, and appeals

lay to Constantinople. Many such appeals were taken, notably in the case

of Leon, bishop of Rostov (Mouravieff, op. cit. p. 38). The

metropolitical see was for a short time transferred to Vladimir and then

finally to Moscow (Mouravieff, chs. iv., v.). After the taking of

Constantinople in 1452, the Russian metropolitans were always chosen and

consecrated in Russia, appeals ceased, and Moscow became _de facto_

autocephalous (Joyce, ubi sup. p. 379; Mouravieff, op. cit. p. 126). The

tsar Theodore in 1587 exercised the power of the Byzantine emperors by

deposing the metropolitan, Dionysius Grammaticus (Mouravieff, p. 125).

In 1587 the see of Moscow was raised to patriarchal rank with the

consent of Constantinople, and the subsequent concurrence of Alexandria,

Antioch and Jerusalem (ib. c. vi.). Moscow became the final court, in

theory, as it had long been in practice. Certain religious houses,

however, had their own final tribunals and were "peculiars," exempt from

any diocesan or patriarchal jurisdiction for at least all causes

relating to Church property (ib. p. 131).

The subject matter of ecclesiastical jurisdiction in Russia during the

whole patriarchal period included matrimonial and testamentary causes,

inheritance and sacrilege, and many questions concerning the Church

domains and Church property, as well as spiritual offences of clergy and

laity (ib.). The bishops had consistorial courts; the patriarchs,

chanceries and consistories (ib.). Bishops were judged in synod (see,

e.g. the case of the archbishop of Polotsk in 1622, ib. p. 179) and only

lawfully judged in synod (ib. p. 215).

Clerks and the dependants of the metropolitan (afterwards the patriarch)

appear to have been immune from secular jurisdiction, except in the case

of crimes against life, from the time of Ivan the Terrible (ib. pp.

180-181). The tsar Michael, in the earlier 17th century, confirmed these

immunities in the case of the clergy of the patriarch's own diocese, but

provided that in country places belonging to his diocese, monasteries,

churches and lands should be judged in secular matters by the Court of

the Great Palace, theoretically held before the tsar himself (ib. p.

181). This tsar limited the "peculiar" monasteries to three, and gave

the patriarch jurisdiction over them (ib.). The next tsar, Alexis,

however, by his code instituted a "Monastery Court," which was a secular

tribunal composed of laymen, to judge in civil suits against spiritual

persons, and in matters arising out of their manors and properties (ib.

p. 193). This court was not in operation during the time when the

patriarch Nikon was also in effect first minister; but upon his decline

exercised its full jurisdiction (ib. p. 216). Nikon was himself tried

for abdicating his see, causing disorder in the realm, oppression and

violence, first before a synod of Moscow composed of his suffragans and

some Greek bishops, and afterwards before another synod in which sat the

patriarchs of Alexandria and Antioch, the metropolitans of Servia and

Georgia, the archbishops of Sinai and Wallachia, and the metropolitans

of Nice, Amasis, Iconium, Trebizond, Varna and Scio, besides the Russian

bishops. This synod in 1667 deposed Nikon, degraded him from holy

orders, and sentenced him to perpetual penance in a monastery (ib. pp.

220-232). The next tsar, Theodore, suppressed the secular "monastery

court," and directed that all suits against spiritual persons should

proceed only in the patriarchal "court of requests" (ib. p. 264). There

was, however, a species of _appel comme d'abus_. Causes could be evoked

to the tsar himself, "when any partiality of the judges in any affair in

which they themselves were interested was discovered" (ib.).

The old system was swept away by Peter the Great, who settled

ecclesiastical jurisdiction substantially on its present basis. The

patriarchate was abolished and its jurisdiction transferred by a council

at St Petersburg in 1721 to a Holy Governing Synod. The change was

approved by the four patriarchs of the East in 1723 (ib. chs.

xv.-xvii.). Peter permanently transferred to the secular _forum_ the

testamentary jurisdiction and that concerning inheritance, as also

questions of "sacrilege" (ib. p. 264). As the result of a long series of

legislation, beginning with him and ending with Catherine II., all

church property of every kind was transferred to secular administration,

allowances, according to fixed scales, being made for ministers, monks

and fabrics (op. cit. translator's appendix i. p. 413 et seq.). There

remain to the spiritual courts in Russia the purely ecclesiastical

discipline of clerks and laity and matrimonial causes.

The court of first instance is the "consistorial court" of the bishop.

This consists of a small body of ecclesiastics. Its decisions must be

confirmed by the bishop (op. cit. translator's appendix ii. pp.

422-423). In the more important causes, as divorce (i.e. _a vinculo_),

it only gives a provisional decision, which is reported by the bishop,

with his own opinion, for final judgment, to the Most Holy Governing

Synod.

The governing synod is the final court of appeal. It consists of a small

number of bishops and priests nominated by the tsar, and is assisted by

a "procurator," who is a layman, who explains to it the limits of its

jurisdiction and serves as the medium of communication between it and

the autocrat and secular authorities. It deals with the secular crimes

of spiritual persons, if of importance and if not capital (these last

being reserved for the secular forum), and with heresy and schism. It is

the only court which can try bishops or decree divorce. The tsar

formally confirms its judgments; but sometimes reduces penalties in the

exercise of the prerogative of mercy (see Mouravieff, op. cit. ch. xvii.

translator's app. ii.).

The governing synod now sits at St Petersburg, but appoints delegated

commissions, with a portion of its jurisdiction, in Moscow and Georgia.

The latter commission is presided over by the "exarch" (_supra_).

Since the War of Independence, the kingdom of Greece has been

ecclesiastically organized after the model of Russia, as one

autocephalous "province," separated from its old patriarchate of

Constantinople, with an honorary metropolitan and honorary archbishops

(Neale, op. cit. Gen. Introd. vol. i.). The Holy Synod possesses the

metropolitical jurisdiction. It sits at Athens. The metropolitan of

Athens is president, and there are four other members appointed by the

government in annual rotation from the senior bishops. There is attached

to it a government commissioner, with no vote, but affixing his

signature to the synodical judgments (Joyce, op. cit. p. 35).

The subject matter of the jurisdiction of Hellenic courts Christian

seems to be confined to strictly spiritual discipline, mainly in regard

to the professional misconduct of the clergy. Imprisonment may be

inflicted in these last cases (ib.). All matrimonial causes are heard by

the secular tribunals (Lehr, op. cit. sec. 587).

The bishop's consistorial court, consisting of himself and four priests,

has a limited jurisdiction in first instance. Such a court can only

suspend for seven days unless with the sanction of the Holy Synod

(Joyce, op. cit.).

The Holy Synod can only inflict temporary suspension, or imprisonment

for fifteen days, unless with the sanction of the King's ministry.

Deprivation, or imprisonment for more than two months, requires the

approval of the king (ib.). The king or the ministry do not, however,

rehear the cause by way of appeal, but merely restrain severity of

sentence (ib.).

The Church of Cyprus has been autocephalous since at any rate the

oecumenical synod of Ephesus in 431. The episcopate now consists of an

archbishop and three suffragans (Hackett, _Orthodox Church in Cyprus_,

1901, ch. v. _et passim_). The final court is the island synod, which

consists of the archbishop, his suffragans and four dignified priests.

It has original and exclusive cognizance of causes of deposition of

bishops (op. cit. pp. 260, 262).

Each bishop is assisted by at least two officers with judicial or

quasi-judicial powers, the "archimandrite" who adjudicates upon causes

of revenue and the archdeacon who adjudicates on questions between

deacons (op. cit. pp. 272-273). The "exarch" of the archbishop, who is a

dignitary but not a bishop, has a seat in the provincial synod.

In the Balkan States, the system--inherited from Byzantine and Turkish

times--of ecclesiastical jurisdictions prevails, except that they are

now autocephalous, and independent of the patriarch of Constantinople.

Matrimonial causes in Servia are of ecclesiastical cognizance (Lehr, op.

cit. sect. 901).

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before Delegates_ (1864); J.W. Joyce, _The Sword and the Keys_ (2nd

ed., 1881); _Report of Ecclesiastical Courts Commission_ (1888); P.

Fournier, _Les Officialites au moyen age_ (1880); S.B. Smith,

_Elements of Ecclesiastical Law_ (New York, 1889-1890); S. Sanguineti,

_Juris ecc. inst._ (Rome, 1890); J.F. Stephen, _History of the

Criminal Law of England_ (London, 1883); Pollock and Maitland,

_History of English Law before Edward I._ (1898); F.W. Maitland,

_Roman Canon Law in the Church of England_ (1898); R. Owen, _Canon

Law_ (1884); Sir R.J. Phillimore, _Ecclesiastical Law_ (2nd ed.,

1895); J.W. Brodie-Innes, _Comparative Principles of the Laws of

England and Scotland_ (1903); R.B. Merriman, _Life and Letters of

Thomas Cromwell_ (1902); S. Aichner, _Compendium juris ecclesiast._

(8th ed., Brixen, 1905, especially in regard to Austro-Hungarian

Empire); J. Hackett, _History of the Orthodox Church in Cyprus_

(1901); Tauber, _Manuale juris canonici_ (1906); E.L. Taunton, _Law of

the Church_ (London, 1906); _Report of Royal Commission on

Ecclesiastical Discipline_ (1906). (W. G. F. P.)

ECCLESIASTICAL LAW, in its broadest sense, the sum of the authoritative

rules governing the Christian Church, whether in its internal polity or

in its relations with the secular power. Since there are various

churches, widely differing alike in their principles and practice, it

follows that a like difference exists in their ecclesiastical law, which

is the outcome of their corporate consciousness as modified by their

several relations to the secular authority. At the outset a distinction

must be made between churches which are "established" and those that are

"free." The ecclesiastical laws of the latter are, like the rules of a

private society or club, the concern of the members of the church only,

and come under the purview of the state only in so far as they come in

conflict with the secular law (e.g. polygamy among the Mormons, or

violation of the trust-deeds under which the property of a church is

held). In the case of "established" Churches, on the other hand,

whatever the varying principle on which the system is based, or the

difference in its practical application, the essential conditions are

that the ecclesiastical law is also the law of the land, the decisions

of the church courts being enforced by the civil power. This holds good

both of the Roman Catholic Church, wherever this is recognized as the

"state religion," of the Oriental Churches, whether closely identified

with the state itself (as in Russia), or endowed with powers over

particular nationalities within the state (as in the Ottoman empire),

and of the various Protestant Churches established in Great Britain and

on the continent of Europe.

Writers on the theory of ecclesiastical law, moreover, draw a fundamental

distinction between that of the Church of Rome and that of the Protestant

national or territorial Churches. This distinction is due to the claim of

the Roman Catholic Church to be the _only_ Church, her laws being thus of

universal obligation; whereas the laws of the various established

Protestant Churches are valid--at least so far as legal obligation is

concerned--only within the limits of the countries in which they are

established. The practical effects of this distinction have been, and

still are, of enormous importance. The Roman Catholic Church, even when

recognized as the state religion, is nowhere "established" in the sense

of being identified with the state, but is rather an _imperium in

imperio_ which negotiates on equal terms with the state, the results

being embodied in concordats (q.v.) between the state and the pope as

head of the Church. The concordats are of the nature of truces in the

perennial conflict between the spiritual and secular powers, and imply in

principle no surrender of the claims of the one to those of the other.

Where the Roman Catholic Church is not recognized as a state religion, as

in the United States or in the British Islands, she is in the position of

a "free Church," her jurisdiction is only _in foro conscientiae_, and her

ecclesiastical laws have no validity from the point of view of the state.

On the other hand, the root principle of the ecclesiastical law of the

established Protestant Churches is the rejection of alien jurisdiction

and the assertion of the supremacy of the state. The theory underlying

this may vary. The sovereign may be regarded, as in the case of the

Russian emperor or of the English kings from the Reformation to the

Revolution, as the vicar of God in all causes spiritual as well as

temporal within his realm. As the first fervent belief in the divine

right of kings faded, however, a new basis had to be discovered for a

relation between the spiritual and temporal powers against which Rome had

never ceased to protest. This was found in the so-called "collegial"

theory of Church government (_Kollegialsystem_), which assumed a sort of

tacit concordat between the state and the religious community, by which

the latter vests in the former the right to exercise a certain part of

the _jus in sacra_ properly inherent in the Church (see PUFENDORF,

SAMUEL). This had great and lasting effects on the development of the

theory of Protestant ecclesiastical law on the continent of Europe. In

England, on the other hand, owing to the peculiar character of the

Reformation there and of the Church that was its outcome, no theory of

the ecclesiastical law is conceivable that would be satisfactory at once

to lawyers and to all schools of opinion within the Church. This has been

abundantly proved by the attitude of increasing opposition assumed by the

clergy, under the influence of the Tractarian movement, towards the civil

power in matters ecclesiastical, an attitude impossible to justify on any

accepted theory of the Establishment (see below).

Protestant ecclesiastical law, then, is distinguished from that of the

Roman Catholic Church (1) by being more limited in its scope, (2) by

having for its authoritative source, not the Church only or even mainly,

but the Church in more or less complete union with or subordination to

the State, the latter being considered, equally with the Church, as an

organ of the will of God. The ecclesiastical law of the Church of Rome,

on the other hand, whatever its origin, is now valid only in so far as

it has the sanction of the authority of the Holy See. And here it must

be noted that the "canon law" is not identical with the "ecclesiastical

law" of the Roman Catholic Church. By the canon law is meant,

substantially, the contents of the _Corpus juris canonici_, which have

been largely superseded or added to by, e.g. the canons of the council

of Trent and the Vatican decrees. The long projected codification of the

whole of the ecclesiastical law of the Church of Rome, a work of

gigantic labour, was not taken in hand until the pontificate of Pius X.

(See also CANON LAW and ECCLESIASTICAL JURISDICTION.)

The ecclesiastical law of England is in complete dependence upon the

authority of the state. The Church of England cannot be said, from a

legal point of view, to have a corporate existence or even a

representative assembly. The Convocation of York and the Convocation of

Canterbury are provincial assemblies possessing no legislative or

judicial authority; even such purely ecclesiastical questions as may be

formally commended to their attention by "letters of business" from the

crown can only be finally settled by act of parliament. The

ecclesiastical courts are for the most part officered by laymen, whose

subordination to the archbishops and bishops is purely formal, and the

final court of appeal is the Judicial Committee of the Privy Council. In

like manner changes in the ecclesiastical law are made directly by

parliament in the ordinary course of legislation, and in point of fact a

very large portion of the existing ecclesiastical law consists of acts

of parliament.

The sources of the ecclesiastical law of England are thus described by

Dr. Richard Burn (_The Ecclesiastical Law_, 9th ed., 1842):--"The

ecclesiastical law of England is compounded of these four main

ingredients--the civil law, the canon law, the common law, and the

statute law. And from these, digested in their proper rank and

subordination, to draw out one uniform law of the church is the purport

of this book. When these laws do interfere and cross each other, the

order of preference is this:--'The civil law submitteth to the canon

law; both of these to the common law; and all three to the statute law.

So that from any one or more of these, without all of them together, or

from all of them together without attending to their comparative

obligation, it is not possible to exhibit any distinct prospect of the

English ecclesiastical constitution.' Under the head of statute law Burn

includes 'the Thirty-nine Articles of Religion, agreed upon in

Convocation in the year 1562; and in like manner the Rubric of the Book

of Common Prayer, which, being both of them established by Acts of

Parliament, are to be esteemed as part of the statute law.'"

The first principle of the ecclesiastical law in England is the

assertion of the supremacy of the crown, which in the present state of

the constitution means the same thing as the supremacy of parliament.

This principle has been maintained ever since the Reformation. Before

the Reformation the ecclesiastical supremacy of the pope was recognized,

with certain limitations, in England, and the Church itself had some

pretensions to ecclesiastical freedom. The freedom of the Church is, in

fact, one of the standing provisions of those charters on which the

English constitution was based. The first provision of Magna Carta is

_quod ecclesia Anglicana libera sit_. By the various enactments of the

period of the Reformation the whole constitutional position of the

Church, not merely with reference to the pope but with reference to the

state, was definitely fixed. The legislative power of convocation was

held to extend to the clergy only, and even to that extent required the

sanction and assent of the crown. The common law courts controlled the

jurisdiction of the ecclesiastical courts, claiming to have "the

exposition of such statutes or acts of parliament as concern either the

extent of the jurisdiction of these courts or the matters depending

before them. And therefore if these courts either refuse to allow these

acts of parliament, or expound them in any other sense than is truly and

properly the exposition of them, the king's great courts of common law

may prohibit and control them."

The design of constructing a code of ecclesiastical laws was entertained

during the period of the Reformation, but never carried into effect. It

is alluded to in various statutes of the reign of Henry VIII., who

obtained power to appoint a commission to examine the old ecclesiastical

laws, with a view of deciding which ought to be kept and which ought to

be abolished; and in the meantime it was enacted that "such canons,

institutions, ordinances, synodal or provincial or other ecclesiastical

laws or jurisdictions spiritual as be yet accustomed and used here in

the Church of England, which necessarily and conveniently are requisite

to be put in ure and execution for the time, not being repugnant,

contrarient, or derogatory to the laws or statutes of the realm, nor to

the prerogatives of the royal crown of the same, or any of them, shall

be occupied, exercised, and put in ure for the time with this realm" (35

Henry VIII. c. 16, 25 c. 19, 27 c. 8).

The work was actually undertaken and finished in the reign of Edward VI.

by a sub-committee of eight persons, under the name of the _Reformatio

legum ecclesiasticarum_, which, however, never obtained the royal

assent. Although the powers of the 25 Henry VIII. c. 1 were revived by

the 1 Elizabeth c. 1, the scheme was never executed, and the

ecclesiastical laws remained on the footing assigned to them in that

statute--so much of the old ecclesiastical laws might be used as had

been actually in use, and was not repugnant to the laws of the realm.

The statement is, indeed, made by Sir R. Phillimore (_Ecclesiastical

Law_, 2nd ed., 1895) that the "Church of England has at all times,

before and since the Reformation, claimed the right of an independent

Church in an independent kingdom, to be governed by the laws which she

has deemed it expedient to adopt." This position can only be accepted if

it is confined, as the authorities cited for it are confined, to the

resistance of interference from abroad. If it mean that the Church, as

distinguished from the kingdom, has claimed to be governed by laws of

her own making, all that can be said is that the claim has been

singularly unsuccessful. From the time of the Reformation no change has

been made in the law of the Church which has not been made by the king

and parliament, sometimes indirectly, as by confirming the resolutions

of convocation, but for the most part by statute. The list of statutes

cited in Sir R. Phillimore's _Ecclesiastical Law_ fills eleven pages. It

is only by a kind of legal fiction akin to the "collegial" theory

mentioned above, that the Church can be said to have deemed it expedient

to adopt these laws.

The terms on which the Church Establishment of Ireland was abolished, by

the Irish Council Act of 1869, may be mentioned. By sect. 20 the present

ecclesiastical law was made binding on the members for the time being of

the Church, "as if they had mutually contracted and agreed to abide by

and observe the same"; and by section 21 it was enacted that the

ecclesiastical courts should cease after the 1st of January 1871, and

that the ecclesiastical laws of Ireland, except so far as relates to

matrimonial causes and matters, should cease to exist as law. (See also

ENGLAND, CHURCH OF; ESTABLISHMENT; &c.)

AUTHORITIES.--The number of works on ecclesiastical law is very great,

and it must suffice here to mention a few of the more conspicuous

modern ones: Ferdinand Walter, _Lehrbuch des Kirchenrechts aller

christlichen Konfessionen_ (14th ed., Bonn, 1871); G. Phillips,

_Kirchenrecht_, Bde. i.-vii. (Regensburg, 1845-1872) incomplete; the

text-book by Cardinal Hergenroether (q.v.); P. Hinschius, _Kirchenrecht

der Katholiken und Protestanten in Deutschland_, 6 Bde. (Berlin, 1869

sqq.), only the Catholic part, a masterly and detailed survey of the

ecclesiastical law, finished; Sir Robert Phillimore, _Eccl. Law of the

Church of England_ (2nd ed., edited by Sir Walter Phillimore, 2 vols.,

London, 1895). For further references see CANON LAW, and the article

"Kirchenrecht" in Herzog-Hauck, _Realencyklopaedie_ (ed. Leipzig,

1901).

ECCLESIASTICUS (abbreviated to _Ecclus._), the alternative title given

in the English Bible to the apocryphal book otherwise called "The Wisdom

of Jesus the son of Sirach." The Latin word _ecclesiasticus_ is,

properly speaking, not a name, but an epithet meaning "churchly," so

that it would serve as a designation of any book which was read in

church or received ecclesiastical sanction, but in practice

Ecclesiasticus has become a by-name for the Wisdom of Sirach. The true

name of the book appears in the authorities in a variety of forms, the

variation affecting both the author's name and the description of his

book. The writer's full name is given in 1. 27 (Heb. text) as "Simeon

the son of Jeshua (i.e. Jesus) the son of Eleazar the son of Sira." In

the Greek text this name appears as "Jesus son of Sirach Eleazar"

(probably a corruption of the Hebrew reading), and the epithet "of

Jerusalem" is added, the translator himself being resident in Egypt. The

whole name is shortened sometimes to "Son of Sira," _Ben Sira_ in

Hebrew, _Bar Sira_ in Aramaic, and sometimes (as in the title prefixed

in the Greek cod. B) to _Sirach_. The work is variously described as the

_Words_ (Heb. text), the _Book_ (Talmud), the _Proverbs_ (Jerome), or

the _Wisdom_ of the son of Sira (or Sirach).

Of the date of the book we have only one certain indication. It was

translated by a person who says that he "came into Egypt in the 38th

year of Euergetes the king" (Ptolemy VII.), i.e. in 132 B.C., and that

he executed the work some time later. The translator believed that the

writer of the original was his own grandfather (or ancestor, [Greek:

pappos]). It is therefore reasonable to suppose that the book was

composed not later than the first half of the 2nd century B.C., or (if

we give the looser meaning to [Greek: pappos]) even before the beginning

of the century. Arguments for a pre-Maccabean date may be derived (a)

from the fact that the book contains apparently no reference to the

Maccabean struggles, (b) from the eulogy of the priestly house of Zadok

which fell into disrepute during these wars for independence.

In the Jewish Church Ecclesiasticus hovered on the border of the canon;

in the Christian Church it crossed and recrossed the border. The book

contains much which attracted and also much which repelled Jewish

feeling, and it appears that it was necessary to pronounce against its

canonicity. In the Talmud (Sanhedrin 100 b) Rabbi Joseph says that it is

forbidden to read (i.e. in the synagogue) the book of ben Sira, and

further that "if our masters had not hidden the book (i.e. declared it

uncanonical), we might interpret the good things which are in it"

(Schechter, _J. Q. Review_, iii. 691-692). In the Christian Church it

was largely used by Clement of Alexandria (c. A.D. 200) and by St

Augustine. The lists of the Hebrew canon, however, given by Melito (c.

A.D. 180) and by Origen (c. A.D. 230) rightly exclude Ecclesiasticus,

and Jerome (c. A.D. 390-400) writes: "Let the Church read these two

volumes (Wisdom of Solomon and Ecclesiasticus) for the instruction of

the people, not for establishing the authority of the dogmas of the

Church" (_Praefatio in libros Salomonis_). In the chief MS. of the

Septuagint, cod. B, Ecclesiasticus comes between Wisdom and Esther, no

distinction being drawn between canonical and uncanonical. In the

Vulgate it immediately precedes Isaiah. The council of Trent declared

this book and the rest of the books reckoned in the Thirty-nine Articles

as apocryphal to be canonical.

The text of the book raises intricate problems which are still far from

solution. The original Hebrew (rediscovered in fragments and published

between 1896 and 1900) has come down to us in a mutilated and corrupt

form. The beginning as far as iii. 7 is lost. There is a gap from xvi.

26 to xxx. 11. There are marginal readings which show that two different

recensions existed once in Hebrew. The Greek version exists in two

forms--(a) that preserved in cod. B and in the other uncial MSS., (b)

that preserved in the cursive codex 248 (Holmes and Parsons). The former

has a somewhat briefer text, the latter agrees more closely with the

Hebrew text. The majority of Greek cursives agree generally with the

Latin Vulgate, and offer the fuller text in a corrupt form. The Syriac

(Peshitta) version is paraphrastic, but on the whole it follows the

Hebrew text. Owing to the mutilation of the Hebrew by the accidents of

time the Greek version retains its place as the chief authority for the

text, and references by chapter and verse are usually made to it.

Bickell and D.S. Margoliouth have supposed that the Hebrew text

preserved in the fragments is not original, but a retranslation from the

Greek or the Syriac or both. This view has not commended itself to the

majority of scholars, but there is at least a residuum of truth in it.

The Hebrew text, as we have it, has a history of progressive corruption

behind it, and its readings can often be emended from the Septuagint,

e.g. xxxvii. 11 (read [Hebrew: umira] for the meaningless [Hebrew:

umerer]). The Hebrew marginal readings occasionally seem to be

translations from the Greek or Syriac, e.g. xxxviii. 4 ([Hebrew: bara

shamaym] for [Greek: ektisen pharmaka]). More frequently, however,

strange readings of the Greek and Syriac are to be explained as

corruptions of our present Hebrew. Substantially our Hebrew must be

pronounced original.

The restoration of a satisfactory text is beyond our hopes. Even before

the Christian era the book existed in two recensions, for we cannot

doubt, after reading the Greek translator's preface, that the translator

amplified and paraphrased the text before him. It is probable that at

least one considerable omission must be laid to his charge, for the hymn

preserved in the Hebrew text after ch. li. 12 is almost certainly

original. Ancient translators allowed themselves much liberty in their

work, and Ecclesiasticus possessed no reputation for canonicity in the

2nd century B.C. to serve as a protection for its text. Much, however,

may be done towards improving two of the recensions which now lie before

us. The incomplete Hebrew text exists in four different MSS., and the

study of the peculiarities of these had already proved fruitful. The

Syriac text, made without doubt from the Hebrew, though often

paraphrastic is often suggestive. The Greek translation, made within a

century or half-century of the writing of the book, must possess great

value for the criticism of the Hebrew text. The work of restoring true

Hebrew readings may proceed with more confidence now that we have

considerable portions of the Hebrew text to serve as a model. For the

restoration of the Greek text we have, besides many Greek MSS., uncial

and cursive, the old Latin, the Syro-Hexaplar, the Armenian, Sahidic and

Ethiopic versions, as well as a considerable number of quotations in the

Greek and Latin Fathers. Each of the two recensions of the Greek must,

however, be separately studied, before any restoration of the original

Greek text can be attempted.

The uncertainty of the text has affected both English versions

unfavourably. The Authorized Version, following the corrupt cursives, is

often wrong. The Revised Version, on the other hand, in following the

uncial MSS. sometimes departs from the Hebrew, while the Authorized

Version with the cursives agrees with it. Thus the Revised Version (with

codd. [Hebrew: alef]*, A, B, C) omits the whole of iii. 19, which the

Authorized Version retains, but for the clause, "Mysteries are revealed

unto the meek," the Authorized Version has the support of the Hebrew,

Syriac and cod. 248. Sometimes both versions go astray in places in

which the Hebrew text recommends itself as original by its vigour; e.g.

in vii. 26, where the Hebrew is,

Hast thou a wife? abominate her not.

Hast thou a hated wife? trust not in her.

Again in ch. xxxviii. the Hebrew text in at least two interesting

passages shows its superiority over the text which underlies both

English versions.

_Hebrew._ _Revised Version (similarly

Authorized Version)._

ver. 1. Acquaint thyself with a Honour a physician according

physician before thou have to thy need of him with the

need of him. honours due unto him.

ver. 15. He that sinneth against his He that sinneth before his

Maker will behave himself Maker, let him fall into the

proudly against a physician. hands of the physician.

In the second instance, while the Hebrew says that the man who rebels

against his Heavenly Benefactor will _a fortiori_ rebel against a human

benefactor, the Greek text gives a cynical turn to the verse, "Let the

man who rebels against his true benefactor be punished through the

tender mercies of a quack." The Hebrew text is probably superior also in

xliv. 1, the opening words of the eulogy of the Fathers: "Let me now

praise favoured men," i.e. men in whom God's grace was shown. The Hebrew

phrase is "men of grace," as in v. 10. The Greek text of v. 1, "famous

men," seems to be nothing but a loose paraphrase, suggested by v. 2,

"The Lord manifested in them great glory."

In character and contents Ecclesiasticus resembles the book of Proverbs.

It consists mainly of maxims which may be described in turn as moral,

utilitarian and secular. Occasionally the author attacks prevalent

religious opinions, e.g. the denial of free-will (xv. 11-20), or the

assertion of God's indifference towards men's actions (xxxv. 12-19).

Occasionally, again, Ben Sira touches the highest themes, and speaks of

the nature of God: "He is All" (xliii. 27); "He is One from everlasting"

(xlii. 21, Heb. text); "The mercy of the Lord is upon all flesh" (xviii.

13). Though the book is imitative and secondary in character it contains

several passages of force and beauty, e.g. ch. ii. (how to fear the

Lord); xv. 11-20 (on free-will); xxiv. 1-22 (the song of wisdom); xlii.

15-25 (praise of the works of the Lord); xliv. 1-15 (the well-known

praise of famous men). Many detached sayings scattered throughout the

book show a depth of insight, or a practical shrewdness, or again a

power of concise speech, which stamps them on the memory. A few examples

out of many may be cited. "Call no man blessed before his death" (xi.

28); "He that toucheth pitch shall be defiled" (xiii. 1); "He hath not

given any man licence to sin" (xv. 20); "Man cherisheth anger against

man; and doth he seek healing from the Lord?" (xxviii. 3); "Mercy is

seasonable ... as clouds of rain" (xxxv. 20); "All things are double one

against another: and he hath made nothing imperfect" (xlii. 24, the

motto of Butler's _Analogy_); "Work your work before the time cometh,

and in his time he will give you your reward" (li. 30). In spite,

however, of the words just quoted it cannot be said that Ben Sira

preaches a hopeful religion. Though he prays, "Renew thy signs, and

repeat thy wonders ... Fill Sion with thy majesty and thy Temple with

thy glory" (xxxvi. 6, 14 [19], Heb. text), he does not look for a

Messiah. Of the resurrection of the dead or of the immortality of the

soul there is no word, not even in xli. 1-4, where the author exhorts

men not to fear death. Like the Psalmist (Ps. lxxxviii. 10, 11) he asks,

"Who shall give praise to the Most High in the grave?" In his maxims of

life he shows a somewhat frigid and narrow mind. He is a pessimist as

regards women; "From a woman was the beginning of sin; and because of

her we all die" (xxv. 24). He does not believe in home-spun wisdom; "How

shall he become wise that holdeth the plough?" (xxxviii. 25). Artificers

are not expected to pray like the wise man; "In the handywork of their

craft is their prayer" (v. 34). Merchants are expected to cheat; "Sin

will thrust itself in between buying and selling" (xxvii. 2).

BIBLIOGRAPHY.--The literature of Ecclesiaticus has grown very

considerably since the discovery of the first Hebrew fragment in 1896.

A useful summary of it is found at the end of Israel Levi's article,

"Sirach," in the _Jewish Encyclopedia_. Eberhard Nestle's article in

Hastings's _Dictionary of the Bible_ is important for its

bibliographical information as well as in other respects. A complete

edition of the Hebrew fragments in collotype facsimile was published

jointly by the Oxford and Cambridge Presses in 1901. J.H.A. Hart's

edition of cod. 248 throws much light on some of the problems of this

book. It contains a fresh collation of all the chief authorities

(Heb., Syr., Syr.-Hex., Lat. and Gr.) for the text, together with a

complete textual commentary.

The account given in the _Synopsis_ attributed to Athanasius (Migne,

_P.G._, iv. 375-384) has an interest of its own. The beginning is

given in the Authorized Version as "A prologue made by an uncertain

author." (W. E. B.)

ECGBERT, or ECGBERHT (d. 839), king of the West Saxons, succeeded to the

throne in 802 on the death of Beorhtric. It is said that at an earlier

period in his life he had been driven out for three years by Offa and

Beorhtric. The accession of Ecgbert seems to have brought about an

invasion by AEthelmund, earl of the Hwicce, who was defeated by Weoxtan,

earl of Wiltshire. In 815 Ecgbert ravaged the whole of the territories

of the West Welsh, which probably at this time did not include much more

than Cornwall. The next important occurrence in the reign was the defeat

of Beornwulf of Mercia at a place called Ellandun in 825. After this

victory Kent, Surrey, Sussex and Essex submitted to Wessex; while the

East Anglians, who slew Beornwulf shortly afterwards, acknowledged

Ecgbert as overlord. In 829 the king conquered Mercia, and Northumbria

accepted him as overlord. In 830 he led a successful expedition against

the Welsh. In 836 he was defeated by the Danes, but in 838 he won a

battle against them and their allies the West Welsh at Hingston Down in

Cornwall. Ecgbert died in 839, after a reign of thirty-seven years, and

was succeeded by his son AEthelwulf. A somewhat difficult question has

arisen as to the parentage of Ecgbert. Under the year 825 the Chronicle

states that in his eastern conquests Ecgbert recovered what had been

the rightful property of his kin. The father of Ecgbert was called

Ealhmund, and we find an Ealhmund, king in Kent, mentioned in a charter

dated 784, who is identified with Ecgbert's father in a late addition to

the Chronicle under the date 784. It is possible, however, that the

Chronicle in 825 refers to some claim through Ine of Wessex from whose

brother Ingeld Ecgbert was descended.

See _Anglo-Saxon Chronicle_, edited by Earle and Plummer (Oxford,

1899); W. de G. Birch, _Cartularium Saxonicum_ (London, 1885-1893).

Also a paper by Sir H.H. Howorth in _Numismatic Chronicle_, third

series, vol. xx. pp. 66-87 (reprinted separately, London, 1900), where

attention is called to the peculiar dating of several of Ecgbert's

charters, and the view is put forward that he remained abroad

considerably later than the date given by the Chronicle for his

accession. On the other hand a charter in Birch, _Cart. Sax._,

purporting to date from 799, contains the curious statement that peace

was made between Coenwulf and Ecgbert in that year.

ECGBERT, or ECGBERHT (d. 766), archbishop of York, was made bishop of

that see in 734 by Ceolwulf, king of Northumbria, succeeding Wilfrid II.

on the latter's resignation. The pall was sent him in 735 and he became

the first northern archbishop after Paulinus. He was the brother of

Eadberht, who ruled Northumbria 737-758. He was the recipient of the

famous letter of Bede, dealing with the evils arising from spurious

monasteries. Ecgberht himself wrote a _Dialogus Ecclesiasticae

Institutionis_, a _Penitentiale_ and a _Pontificale_. He was a

correspondent of St Boniface, who asks him to support his censure of

AEthelbald of Mercia.

See Bede, _Continuatio_, sub. ann. 732, 735, 766, and _Epistola ad

Ecgberctum_ (Plummer, Oxford, 1896); _Chronicle_, sub ann. 734, 735,

738, 766 (Earle and Plummer, Oxford, 1899); Haddan and Stubbs,

_Councils and Ecclesiastical Documents_ (Oxford, 1869-1878), iii.

403-431; _Proceedings of Surtees Society_ (Durham, 1853).

ECGFRITH (d. 685), king of Northumbria, succeeded his father Oswio in

671. He was married to AEthelthryth, daughter of Anna of East Anglia,

who, however, took the veil shortly after Ecgfrith's accession, a step

which possibly led to his long quarrel with Wilfrid archbishop of York.

Ecgfrith married a second wife, Eormenburg, before 678, the year in

which he expelled Wilfrid from his kingdom. Early in his reign he

defeated the Picts who had risen in revolt. Between 671 and 675 Ecgfrith

defeated Wulfhere of Mercia and seized Lindsey. In 679, however, he was

defeated by AEthelred of Mercia, who had married his sister Osthryth, on

the river Trent. Ecgfrith's brother AElfwine was killed in the battle,

and the province of Lindsey was given up when peace was restored at the

intervention of Theodore of Canterbury. In 684 Ecgfrith sent an

expedition to Ireland under his general Berht, which seems to have been

unsuccessful. In 685, against the advice of Cuthbert, he led a force

against the Picts under his cousin Burde, son of Bile, was lured by a

feigned flight into their mountain fastnesses, and slain at

Nechtanesmere (now Dunnichen) in Forfarshire. Bede dates the beginning

of the decline of Northumbria from his death. He was succeeded by his

brother Aldfrith.

See Eddius, _Vita Wilfridi_ (Raine, _Historians of Church of York_,

Rolls, Series, London, 1879-1894), 19, 20, 24, 34, 39, 44; Bede,

_Hist. Eccl._ (Plummer, Oxford, 1896), iii. 24, iv. 5, 12, 13, 18, 19,

21, 26.

ECGONINE, in chemistry, C9H15NO3, a cycloheptane derivative with a

nitrogen bridge. It is obtained by hydrolysing cocaine with acids or

alkalis, and crystallizes with one molecule of water, the crystals

melting at 198 deg. to 199 deg. C. It is laevo-rotatory, and on warming with

alkalis gives iso-ecgonine, which is dextro-rotatory. It is a tertiary

base, and has also the properties of an acid and an alcohol. When boiled

with caustic baryta it gives methylamine. It is the carboxylic acid

corresponding to tropine, for it yields the same products on oxidation,

and by treatment with phosphorus pentachloride is converted into

anhydroecgonine, C9H13NO2, which, when heated to 280 deg. C. with

hydrochloric acid, splits out carbon dioxide and yields tropidine,

C8H13N. Anhydroecgonine melts at 235 deg. C., and has an acid and a basic

character. It is an unsaturated compound, and on oxidation with

potassium permanganate gives succinic acid. It is apparently a tropidine

monocarboxylic acid, for on exhaustive methylation it yields

cycloheptatriene-1.3.5-carboxylic acid-7. Sodium in amyl alcohol

solution reduces it to hydroecgonidine C9H15NO2, while moderate

oxidation by potassium permanganate converts it into _norecgonine_. The

presence of the heptamethylene ring in these compounds is shown by the

production of suberone by the exhaustive methylation, &c., of

hydroecgonidine ethyl ester (see POLYMETHYLENES and TROPINE). The above

compounds may be represented as:

CH2--CH----CH COOH CH2--CH----CH COOH CH2--CH------CH COOH

| | | | | | | | |

| N CH3 CH OH | N CH3 CH | N CH3 CH2

| | | | | || | | |

CH2--CH----CH2 CH2--CH----CH CH2--CH------CH2

Ecgonine Anhydroecgonine Hydroecgonine

ECHEGARAY Y EIZAGUIRRE, JOSE (1833- ), Spanish mathematician,

statesman and dramatist, was born at Madrid in March 1833, and was

educated at the grammar school of Murcia, whence he proceeded to the

Escuela de Caminos at the capital. His exemplary diligence and unusual

mathematical capacity were soon noticed. In 1853 he passed out at the

head of the list of engineers, and, after a brief practical experience

at Almeria and Granada, was appointed professor of pure and applied

mathematics in the school where he had lately been a pupil. His

_Problemas de geometria analitica_ (1865) and _Teorias modernas de la

fisica unidad de las fuerzas materiales_ (1867) are said to be esteemed

by competent judges. He became a member of the Society of Political

Economy, helped to found _La Revista_, and took a prominent part in

propagating Free Trade doctrines in the press and on the platform. He

was clearly marked out for office, and when the popular movement of 1868

overthrew the monarchy, he resigned his post for a place in the

revolutionary cabinet. Between 1867 and 1874 he acted as minister of

education and of finance; upon the restoration of the Bourbon dynasty he

withdrew from politics, and won a new reputation as a dramatist.

As early as 1867 he wrote _La Hija natural_, which was rejected, and

remained unknown till 1877, when it appeared with the title of _Para tal

culpa tal pena_. Another play, _La Ultima Noche_, also written in 1867,

was produced in 1875; but in the latter year Echegaray was already

accepted as the successful author of _El Libro talonario_, played at the

Teatro de Apolo on the 18th of February 1874, under the transparent

pseudonym of Jorge Hayaseca. Later in the same year Echegaray won a

popular triumph with _La Esposa del vengador_, in which the good and bad

qualities--the clever stagecraft and unbridled extravagance--of his

later work are clearly noticeable. From 1874 onwards he wrote, with

varying success, a prodigious number of plays. Among the most favourable

specimens of his talent may be mentioned _En el puno de la espada_

(1875); _O locura o santidad_ (1877), which has been translated into

Swedish and Italian; _En el seno de la muerte_ (1879), of which there

exists an admirable German version by Fastenrath. _El gran Galeoto_

(1881), perhaps the best of Echegaray's plays in conception and

execution, has been translated into several languages, and still holds

the stage. The humorous proverb, _?Piensa mal y acertaras?_ exemplifies

the author's limitations, but the attempt is interesting as an instance

of ambitious versatility. His susceptibility to new ideas is illustrated

in such pieces as _Mariana_ (1892), _Mancha que limpia_ (1895), _El Hijo

de Don Juan_ (1892), and _El Loco Dios_ (1900): these indicate a close

study of Ibsen, and _El Loco Dios_ more especially might be taken for an

unintentional parody of Ibsen's symbolism.

Echegaray succeeded to the literary inheritance of Lopez de Ayala and of

Tamayo y Baus; and though he possesses neither the poetic imagination of

the first nor the instinctive tact of the second, it is impossible to

deny that he has reached a larger audience than either. Not merely in

Spain, but in every land where Spanish is spoken, and in cities as

remote from Madrid as Munich and Stockholm, he has met with an

appreciation incomparably beyond that accorded to any other Spanish

dramatist of recent years. But it would be more than usually rash to

prophesy that this exceptional popularity will endure. There have been

signs of a reaction in Spain itself, and Echegaray's return to politics

in 1905 was significant enough. He applies his mathematics to the

drama; no writer excels him in artful construction, in the arrangement

of dramatic scenes, in mere theatrical technique, in the focusing of

attention on his chief personages. These are valuable gifts in their

way, and Echegaray has, moreover, a powerful, gloomy imagination, which

is momentarily impressive. In the drawing of character, in the invention

of felicitous phrase, in the contrivance of verbal music, he is

deficient. He alternates between the use of verse and prose; and his

hesitancy in choosing a medium of expression is amply justified, for the

writer's prose is not more distinguished than his verse. These serious

shortcomings may explain the diminution of his vogue in Spain; they will

certainly tell against him in the estimate of posterity. (J. F.-K.)

ECHELON (Fr. from _echelle_, ladder), in military tactics, a formation

of troops in which each body of troops is retired on, but not behind,

the flank of the next in front, the position of the whole thus

resembling the steps of a staircase. To form echelon from line, the

parts of the line move off, each direct to its front, in succession, so

that when the formation is completed the rightmost body, for example, is

farthest advanced, the one originally next on its left is to the left

rear, a third is to the left rear of the second, and so on. The word is

also used more loosely to express successive lines, irrespective of

distances and relative positions, e.g. the "second echelon of ammunition

supply," which is fully a day's march behind the first.

ECHIDNA, or PORCUPINE ANT-EATER (_Echidna aculeata_), one of the few

species of Monotremata, the lowest subclass of Mammalia, forming the

family Echidnidae. It is a native of Australia, where it chiefly abounds

in New South Wales, inhabiting rocky and mountainous districts, where it

burrows among the loose sand, or hides itself in crevices of rocks. In

size and appearance it bears a considerable resemblance to the hedgehog,

its upper surface being covered over with strong spines directed

backwards, and on the back inwards, so as to cross each other on the

middle line. The spines in the neighbourhood of the tail form a tuft

sufficient to hide that almost rudimentary organ. The head is produced

into a long tubular snout, covered with skin for the greater part of its

length. The opening of the mouth is small, and from it the echidna puts

forth its long slender tongue, lubricated with a viscous secretion, by

means of which it seizes the ants and other insects on which it feeds.

It has no teeth. Its legs are short and strong, and form, with its broad

feet and large solid nails, powerful burrowing organs. In common with

the other monotremes, the male echidna has its heel provided with a

sharp hollow spur, connected with a secreting gland, and with muscles

capable of pressing the secretion from the gland into the spur. It is a

nocturnal or crepuscular animal, generally sleeping during the day, but

showing considerable activity by night. When attacked it seeks to escape

either by rolling itself into a ball, its erect spines proving a

formidable barrier to its capture, or by burrowing into the sand, which

its powerful limbs enable it to do with great celerity. "The only mode

of carrying the creature," writes G. Bennett (_Gatherings of a

Naturalist in Australasia_), "is by one of the hind legs; its powerful

resistance and the sharpness of the spines will soon oblige the captor,

attempting to seize it by any other part of the body, to relinquish his

hold." In a younger stage of their development, however, the young are

carried in a temporary abdominal pouch, to which they are transferred

after hatching, and into which open the mammary glands. The echidnas are

exceedingly restless in confinement, and constantly endeavour by

burrowing to effect their escape. From the quantity of sand and mud

always found in the alimentary canal of these animals, it is supposed

that these ingredients must be necessary to the proper digestion of

their insect food.

There are two varieties of this species, the Port Moresby echidna and

the hairy echidna. The last-mentioned is found in south-eastern New

Guinea, Australia and Tasmania. In all the spines are mixed with hair;

in the Tasmanian race they are nearly hidden by the long harsh fur. Of

the three-clawed echidnas (_Proechidna_) confined to New Guinea there

are two species, Bruijn's echidna (_P. bruijnii_), discovered in 1877 in

the mountains on the north-east coast at an elevation of 3500 ft., and

the black-spined echidna (_P. nigroaculeata_) of larger size--the type

specimen measuring 31 in., as against 24 in.--with shorter

claws.

Encyclopaedia Britannica, 11th Edition, "Dyer, Sir Edward" to "Echidna" Volume 8, Slice 9 · 第 84 / 84 题