FOOTNOTES:

[1] Chrysander says Mattei instead of Ariosti.

[2] By a dramatic coincidence Handel's blindness interrupted him

during the writing of the chorus, "How dark, oh Lord, are Thy

decrees, ... all our joys to sorrow turning ... as the night succeeds

the day."

[3] The "moral" question has been raised afresh in reviews of Mr

Sedley Taylor's admirable volume of analysed illustrations (_The

Indebtedness of Handel to works of other Composers_, Cambridge,

1906). The latest argument is that Handel shows moral obliquity in

borrowing "regrettably" from sources no one could know at the time.

This reasoning makes it mysterious that a man of such moral obliquity

should ever have written a note of his own music in England when he

could have stolen the complete choral works of Bach and most of the

hundred operas of Alessandro Scarlatti with the certainty that the

sources would not be printed for a century after his death, even if

his own name did not then check curiosity among antiquarians. Of

course Handel's plagiarisms would have damaged his reputation if

contemporaries had known of them. His polyphonic scholarship was more

"antiquated" in the 18th century than it is in the 20th.

[4] Much light would be thrown on the subject if some one

sufficiently ignorant of architecture were to make researches into

Sir Christopher Wren's indebtedness to Italian architects!

HANDFASTING (A.S. _handfaestnung_, pledging one's hand), primarily the O.

Eng. synonym for _betrothal_ (q.v.), and later a peculiar form of

temporary marriage at one time common in Scotland, the only necessary

ceremony being the verbal pledge of the couple while holding hands. The

pair thus handfasted were, in accordance with Scotch law, entitled to

live together for a year and a day. If then they so wished, the

temporary marriage could be made permanent: if not, they could go their

several ways without reproach, the child, if any, being supported by the

party who objected to further cohabitation.

HANDICAP (from the expression _hand in cap_, referring to drawing lots),

a disadvantageous condition imposed upon the superior competitor in

sports and games, or an advantage allowed the inferior, in order to

equalize the chances of both. The character of the handicap depends upon

the nature of the sport. Thus in horse-racing the better horse must

carry the heavier weight. In foot races the inferior runners are allowed

to start at certain distances in advance of the best (or "scratch") man,

according to their previous records. In distance competitions (weights,

fly-casting, jumping, &c.) the inferior contestants add certain

distances to their scores. In time contests (yachting, canoe-racing,

&c.) the weaker or smaller competitors subtract certain periods of time

from that actually made, reckoned by the mile. In stroke contests (e.g.

golf) a certain number of strokes are subtracted from or added to the

scores, according to the strength of the players. In chess and draughts

the stronger competitor may play without one or more pieces. In court

games (tennis, lawn-tennis, racquets, &c.) and in billiards certain

points, or percentage of points, are accorded the weaker players.

Handicapping was applied to horse-racing as early as 1680, though the

word was not used in this connexion much before the middle of the 18th

century. A "Post and Handy-Cap Match" is described in _Pond's Racing

Calendar_ for 1754. A reference to something similar in Germany and

Scandinavia, called _Freimarkt_, may be found in _Germania_, vol. xix.

Competitions in which handicaps are given are called _handicap-events_

or _handicaps_. There are many systems which depend upon the whim of the

individual competitors. Thus a tennis player may offer to play against

his inferior with a selzer-bottle instead of a racquet; or a golfer to

play with only one club; or a chess-player to make his moves without

seeing the board.

The name "handicap" was taken from an ancient English game, to which

Pepys, in his _Diary_ under the date of the 18th of September 1660, thus

refers: "Here some of us fell to handicap, a sport that I never knew

before, which was very good." This game, which became obsolete in the

19th century, was described as early as the 14th in _Piers the Plowman_

under the name of "New Faire." It was originally played by three

persons, one of whom proposed to "challenge," or exchange, some piece of

property belonging to another for something of his own. The challenge

being accepted an umpire was chosen, and all three put up a sum of money

as a forfeit. The two players then placed their right hands in a cap, or

in their pockets, in which there was loose money, while the umpire

proceeded to describe the two objects of exchange, and to declare what

sum of money the owner of the inferior article should pay as a bonus to

the other. This declaration was made as rapidly as possible and ended

with the invitation, "Draw, gentlemen!" Each player then withdrew and

held out his hand, which he opened. If both hands contained money the

exchange was effected according to the conditions laid down by the

umpire, who then took the forfeit money for himself. If neither hand

contained money the exchange was declined and the umpire took the

forfeit money. If only one player signified his acceptance of the

exchange by holding money in his hand, he was entitled to the

forfeit-money, though the exchange was not made.

Handicap was also the name of an old game at cards, now obsolete. It

resembled the game of Loo, and probably derived its name from the

ancient sport described above.

HANDSEL, the O. Eng. term for earnest money; especially in Scotland the

first money taken at a market or fair. The termination _sel_ is the

modern "sell." "Hand" indicates, not a bargain by shaking hands, but the

actual putting of the money into the hand. Handsels were also presents

or earnests of goodwill in the North; thus Handsel Monday, the first

Monday in the year, an occasion for universal tipping, is the equivalent

of the English Boxing day.

HANDSWORTH. (1) An urban district in the Handsworth parliamentary

division of Staffordshire, England, suburban to Birmingham on the

north-west. Pop. (1891), 32,756; (1901) 52,921. (See BIRMINGHAM.) (2) An

urban district in the Hallamshire parliamentary division of Yorkshire, 4

m. S.E. of Sheffield. Pop. (1901), 13,404. In this neighbourhood are

extensive collieries and quarries.

HANDWRITING. Under PALAEOGRAPHY and WRITING, the history of handwriting

is dealt with. Questions of handwriting come before legal tribunals

mainly in connexion with the law of evidence. In Roman law, the

authenticity of documents was proved first by the attesting witnesses;

in the second place, if they were dead, by comparison of handwritings.

It was necessary, however, that the document to be used for purposes of

comparison either should have been executed with the formalities of a

public document, or should have its genuineness proved by three

attesting witnesses. The determination was apparently, in the latter

case, left to experts, who were sworn to give an impartial opinion (Code

4, 21. 20). Proof by comparison of handwritings, with a reference if

necessary to three experts as to the handwriting which is to be used for

the purposes of comparison, is provided for in the French Code of Civil

Procedure (arts. 193 et seq.); and in Quebec (Code Proc. Civ. arts. 392

et seq.) and St Lucia (Code Civ. Proc. arts. 286 et seq.), the French

system has been adopted with modifications. Comparison by witnesses of

disputed writings with any writing proved to the satisfaction of the

judge to be genuine is accepted in England and Ireland in all legal

proceedings whether criminal or civil, including proceedings before

arbitrators (Denman Act, 28 & 29 Vict. c. 18, 55. 1, 8); and such

writings and the evidence of witnesses respecting the same may be

submitted to the court and jury as evidence of the genuineness or

otherwise of the writing in dispute. It is admitted in Scotland (where

the term _comparatio literarum_ is in use) and in most of the American

states, subject to the same conditions. In England, prior to the Common

Law Procedure Act of 1854 (now superseded by the act of 1866), documents

irrelevant to the matter in issue were not admissible for the sole

purpose of comparison, and this rule has been adopted, and is still

adhered to, in some of the states in America. In England, as in the

United States, and in most legal systems, the primary and best evidence

of handwriting is that of the writer himself. Witnesses who saw him

write the writing in question, or who are familiar with his handwriting

either from having seen him write or from having corresponded with him,

or otherwise, may be called. In cases of disputed handwriting the court

will accept the evidence of experts in handwriting, i.e. persons who

have an adequate knowledge of handwriting, whether acquired in the way

of their business or not, such as solicitors or bank cashiers (_R._ v.

_Silverlock_, 1894, 2 Q.B. 766). In such cases the witness is required

to compare the admitted handwriting of the person whose writing is in

question with the disputed document, and to state in detail the

similarities or differences as to the formation of words and letters, on

which he bases his opinion as to the genuineness or otherwise of the

disputed document. By the use of the magnifying glass, or, as in the

Parnell case, by enlarged photographs of the letters alleged to have

been written by Mr Parnell, the court and jury are much assisted to

appreciate the grounds on which the conclusions of the expert are

founded. Evidence of this kind, being based on opinion and theory, needs

to be very carefully weighed, and the dangers of implicit reliance on it

have been illustrated in many cases (e.g. the Beck case in 1904; and see

_Seaman_ v. _Netherclift_, 1876, 1 C.P.D. 540). Evidence by comparison

of handwriting comes in principally either in default, or in

corroboration, of the other modes of proof.

Where attestation is necessary to the validity of a document, e.g. wills

and bills of sale, the execution must be proved by one or more of the

attesting witnesses, unless they are dead or cannot be produced, when it

is sufficient to prove the signature of one of them to the attesting

clause (28 & 29 Vict. c. 18, s. 7). Signatures to certain public and

official documents need not in general be proved (see e.g. Evidence Act,

1845, ss. 1, 2).

See Taylor, _Law of Evidence_ (10th ed., London, 1906); Erskine

_Principles of the Law of Scotland_ (20th ed., Edinburgh, 1903);

Bouvier, _Law Dicty._ (Boston and London, 1897); Harris,

_Identification_ (Albany, 1892); Hagan, _Disputed Handwriting_ (New

York, 1894); also the article IDENTIFICATION. (A. W. R.)

HANG-CHOW-FU, a city of China, in the province of Cheh-Kiang, 2 m. N.W.

of the Tsien-tang-Kiang, at the southern terminus of the Grand canal, by

which it communicates with Peking. It lies about 100 m. S.W. of

Shanghai, in 30 deg. 20' 20" N., 120 deg. 7' 27" E. Towards the west is

the Si-hu or Western Lake, a beautiful sheet of water, with its banks

and islands studded with villas, monuments and gardens, and its surface

traversed by gaily-painted pleasure boats. Exclusive of extensive and

flourishing suburbs, the city has a circuit, of 12 m.; its streets are

well paved and clean; and it possesses a large number of arches, public

monuments, temples, hospitals and colleges. It has long ranked as one of

the great centres of Chinese commerce and Chinese learning. In 1869 the

silk manufactures alone were said to give employment to 60,000 persons

within its walls, and it has an extensive production of gold and silver

work and tinsel paper. On one of the islands in the lake is the great

Wen-lan-ko or pavilion of literary assemblies, and it is said that at

the examinations for the second degree, twice every three years, from

10,000 to 15,000 candidates come together. In the north-east corner of

the city is the Nestorian church which was noted by Marco Polo, the

facade being "elaborately carved and the gates covered with elegantly

wrought iron." There is a Roman Catholic mission in Hangchow, and the

Church Missionary Society, the American Presbyterians, and the Baptists

have stations. The local dialect differs from the Mandarin mainly in

pronunciation. The population, which is remarkable for gaiety of

clothing, was formerly reckoned at 2,000,000, but is now variously

estimated at 300,000, 400,000 or 800,000. Hang-chow-fu was declared open

to foreign trade in 1896, in pursuance of the Japanese treaty of

Shimonoseki. It is connected with Shanghai by inland canal, which is

navigable for boats drawing up to 4 ft. of water, and which might be

greatly improved by dredging. The cities of Shanghai, Hangchow and

Suchow form the three points of a triangle, each being connected with

the other by canal, and trade is now open by steam between all three

under the inland navigation rules. These canals pass through the richest

and most populous districts of China, and in particular lead into the

great silk-producing districts. They have for many centuries been the

highway of commerce, and afford a cheap and economical means of

transport. Hangchow lies at the head of the large estuary of that name,

which is, however, too shallow for navigation by steamers. The estuary

or bay is funnel-shaped, and its configuration produces at spring tides

a "bore" or tidal wave, which at its maximum reaches a height of 15 to

20 ft. The value of trade passing through the customs in 1899 was

L1,729,000; in 1904 these figures had risen to L2,543,831.

Hang-chow-fu is the Kinsai of Marco Polo, who describes it as the finest

and noblest city in the world, and speaks enthusiastically of the number

and splendour of its mansions and the wealth and luxuriance of its

inhabitants. According to this authority it had a circuit of 100 m., and

no fewer than 12,000 bridges and 3000 baths. The name Kinsai, which

appears in Wassaf as Khanzai, in Ibn Batuta as Khansa, in Odoric of

Pordenone as Camsay, and elsewhere as Campsay and Cassay, is really a

corruption of the Chinese _King-sze_, capital, the same word which is

still applied to Peking. From the 10th to the 13th century (960-1272)

the city, whose real name was then Ling-nan, was the capital of southern

China and the seat of the Sung dynasty, which was dethroned by the

Mongolians shortly before Marco Polo's visit. Up to 1861, when it was

laid in ruins by the T'aip'ings, Hangchow continued to maintain its

position as one of the most flourishing cities in the empire.

HANGING, one of the modes of execution under Roman law (_ad furcam

domnatio_), and in England and some other countries the usual form of

capital punishment. It was derived by the Anglo-Saxons from their German

ancestors (Tacitus, _Germ._ 12). Under William the Conqueror this mode

of punishment is said to have been disused in favour of mutilation: but

Henry I. decreed that all thieves taken should be hanged (i.e. summarily

without trial), and by the time of Henry II. hanging was fully

established as a punishment for homicide; the "right of pit and

gallows" was ordinarily included in the royal grants of jurisdiction to

lords of manors and to ecclesiastical[1] and municipal corporations. In

the middle ages every town, abbey, and nearly all the more important

manorial lords had the right of hanging. The clergy had rights, too, in

respect to the gallows. Thus William the Conqueror invested the abbot of

Battle Abbey with authority to save the life of any criminal. From the

end of the 12th century the jurisdiction of the royal courts gradually

became exclusive; as early as 1212 the king's justices sentenced

offenders to be hanged (_Seld. Soc. Publ._ vol. i.; _Select Pleas of the

Crown_, p. 111), and in the Gloucester eyre of 1221 instances of this

sentence are numerous (Maitland, pl. 72, 101, 228). In 1241 a nobleman's

son, William Marise, was hanged for piracy. In the reign of Edward I.

the abbot of Peterborough set up a gallows at Collingham, Notts, and

hanged a thief. In 1279 two hundred and eighty Jews were hanged for

clipping coin. The mayor and the porter of the South Gate of Exeter were

hanged for their neglect in leaving the city gate open at night, thereby

aiding the escape of a murderer. Hanging in time superseded all other

forms of capital punishment for felony. It was substituted in 1790 for

burning as a punishment of female traitors and in 1814 for beheading as

a punishment for male traitors. The older and more primitive modes of

carrying out the sentence were by hanging from the bough of a tree ("the

father to the bough, the son to the plough") or from a gallows. Formerly

in the worst cases of murder it was customary after execution to hang

the criminal's body in chains near the scene of his crime. This was

known as "gibbeting," and, though by no means rare in the earliest

times, was, according to Blackstone, no part of the legal sentence.

Holinshed is the authority for the statement that sometimes culprits

were gibbeted alive, but this is doubtful. It was not until 1752 that

gibbeting was recognized by statute. The act (25 Geo. II. c. 37)

empowered the judges to direct that the dead body of a murderer should

be hung in chains, in the manner practised for the most atrocious

offences, or given over to surgeons to be dissected and anatomized, and

forbade burial except after dissection (see Foster, Crown Law, 107, Earl

Ferrers' case, 1760). The hanging in chains was usually on the spot

where the murder took place. Pirates were gibbeted on the sea shore or

river bank. The act of 1752 was repealed in 1828, but the alternatives

of dissection or hanging in chains were re-enacted and continued in use

until abolished as to dissection by the Anatomy Act in 1832, and as to

hanging in chains in 1834. The last murderer hung in chains seems to

have been James Cook, executed at Leicester on the 10th of August 1832.

The irons used on that occasion are preserved in Leicester prison.

Instead of chains, gibbet irons, a framework to hold the limbs together,

were sometimes used. At the town hall, Rye, Sussex, are preserved the

irons used in 1742 for one John Breeds who murdered the mayor.

The earlier modes of hanging were gradually disused, and the present

system of hanging by use of the drop is said to have been inaugurated at

the execution of the fourth Earl Ferrers in 1760. The form of scaffold

now in use[2] has under the gallows a drop constructed on the principle

of the trap-doors on a theatrical stage, upon which the convict is

placed under the gallows, a white cap is placed over his head, and when

the halter has been properly adjusted the drop is withdrawn by a

mechanical contrivance worked by a lever, much like those in use on

railways for moving points and signals. The convict falls into a pit,

the length of the fall being regulated by his height and weight. Death

results not from real hanging and strangulation, but from a fracture of

the cervical vertebrae. Compression of the windpipe by the rope and the

obstruction of the circulation aid in the fatal result. Recently the

noose has had imbedded in its fibre a metal eyelet which is adjusted

tightly beneath the ear and considerably expedites death. The convict is

left hanging until life is extinct.

It was long considered essential that executions, like trials, should be

public, and be carried out in a manner calculated to impress evil-doers.

Partly to this idea, partly to notions of revenge and temporal

punishment of sin, is probably due the rigour of the administration of

the English law. But the methods of execution were unseemly, as

delineated in Hogarth's print of the execution of the idle apprentice,

and were ineffectual in reducing the bulk of crime, which was augmented

by the inefficiency of the police and the uncertainty and severity of

the law, which rendered persons tempted to commit crime either reckless

or confident of escape. The scandals attending public executions led to

an attempt to alter the law in 1841, although many protests had been

made long before, among them those of the novelist Fielding. But perhaps

the most forcible and effectual was that of Charles Dickens in his

letters to _The Times_ written after mixing in the crowd gathered to

witness the execution of the Mannings at Horsemonger Lane gaol in 1849.

After his experiences he came to the conclusion that public executions

attracted the depraved and those affected by morbid curiosity; and that

the spectacle had neither the solemnity nor the salutary effect which

should attend the execution of public justice. His views were strongly

resisted in some quarters; and it was not until 1868 (31 & 32 Vict. c.

24) that they were accepted. The last public hanging in England was that

of Michael Barrett for murder by causing an explosion at Clerkenwell

prison with the object of releasing persons confined there for treason

and felony (Ann. Reg., 1868, p. 63). Under the act of 1868 (31 & 32

Vict. c. 24), which was adapted from similar legislation already in

force in the Australian colonies convicted murderers are hanged within

the walls of a prison. The sentence of the court is that the convict "be

hanged by the neck until he is dead." The execution of the sentence

devolves on the sheriff of the county (Sheriffs Act 1887, s. 13). As a

general rule the sentence is carried out in England and Ireland at 8

A.M. on a week-day (not being Monday), in the week following the third

Sunday after sentence was passed. In old times prisoners were often

hanged on the day after sentence was passed; and under the act of 1752

this was made the rule in cases of murder. A public notice of the date

and hour of execution must be posted on the prison walls not less than

twelve hours before the execution and must remain until the inquest is

over. The persons required to be present are the sheriff, the gaoler,

chaplain and surgeon of the prison, and such other officers of the

prison as the sheriff requires; justices of the peace for the

jurisdiction to which the prison belongs, and such of the relatives, or

such other persons as the sheriff or visiting justices allow, may also

attend. It is usual to allow the attendance of some representatives of

the press. The death of the prisoner is certified by the prison surgeon,

and a declaration that judgment of death has been executed is signed by

the sheriff. An inquest is then held on the body by the coroner for the

jurisdiction and a jury from which prison officers are excluded. The

certificate and declaration, and a duplicate of the coroner's inquiry

also, are sent to the home office, or in Ireland to the lord-lieutenant,

and the body of the prisoner is interred in quicklime within the prison

walls if space is available. It is also the practice to toll the bell of

the parish or other neighbouring church, for fifteen minutes before and

fifteen minutes after the execution. The hoisting of the black flag at

the moment of execution was abolished in 1902. The regulations as to

execution are printed in the Statutory Rules and Orders, Revised ed.

1904, vol. x. (tits. Prison E. and Prison I). The act of 1868 applies

only to executions for murder; but since the passing of the act there

have been no executions for any other crime within the United Kingdom.

(See further CAPITAL PUNISHMENT.)

In Scotland execution by hanging is carried out in the same manner as in

England and Ireland, but under the supervision of the magistrates of the

burgh in which it is decreed to take place, and in lieu of the inquest

required in England and Ireland an inquiry is held at the instance of

the procurator-fiscal before a sheriff or sheriff substitute (act of

1868, s. 13). The procedure at the execution is governed by the act of

1868 and the Scottish Prison Rules, rr. 465-469 (Stat. Rules and Orders,

Revised ed. 1904, tit. Prison S).

_British Dominions beyond the Seas._--Throughout the King's dominions

hanging is the regular method of executing sentence of death. In India

the Penal Code superseded the modes of punishment under Mahommedan law,

and s. 368 of the Criminal Procedure Code of 1898 provides that sentence

of death is to be executed by hanging by the neck.

In Canada the sentence is executed within a prison under conditions very

similar to those in England (Criminal Code, 1892; ss. 936-945). In

Australia the execution takes place within the prison walls, at a time

and place appointed by the governor of the state. See Queensland Code,

1899, s. 664; Western Australia Code, 1901, s. 663; in these states no

inquest is held. In Western Australia the governor may cause an

aboriginal native to be executed outside a prison. In New Zealand the

only mode of execution is by hanging within a prison (Act of 1883).

_United States._---In all the states except New York, Massachusetts, New

Jersey, North Carolina, Mississippi, Virginia, and Ohio (see

ELECTROCUTION) persons sentenced to death are hanged. In Utah the

criminal may elect to be shot instead.

The only countries, whose law is not of direct English origin, which

inflict capital punishment by hanging are Japan, Austria, Hungary and

Russia. (W. F. C.)

Encyclopaedia Britannica, 11th Edition, "Haller, Albrecht" to "Harmonium" Volume 12, Slice 8 · 第 17 / 30 题