Spirits.—-By the Sale of Food and Drugs Act Amendment Act, whisky, brandy and rum must not be sold of a less alcoholic strength than 25 under proof (corresponding to 43% of alcohol by volume), and gin 35 under proof (37% alcohol). For many years the only form of adulteration recorded by public analysts related to the alcoholic strength, the undue dilution of spirits with water being, of course, a profitable form of fraud. No addition of any injurious matters to commercial spirits has been observed. It was, however, well known that a very considerable proportion of so-called brandies was not the product of the grape, but that spirits of other origin were frequently admixed with grape brandy. A report which appeared in 1902 in the Lancet on "Brandy, its production at Cognac and the supply of genuine brandy to this country,'' served as a stimulus to public analysts to analyse commercial brandies, and convictions of retailers for selling so-called brandy followed. It was shown that genuine brandy made in the orthodox style from wine in pot-stills contained a considerable proportion of substances other than alcohol to which the flavour and character of brandy is due; among these flavouring materials combinations of a variety of organic acids with alcohols (chemically described as "esters'') predominate. For the present a brandy is not considered genuine unless it contains in 100,000 parts (calculated free from water) at least 60 parts of "esters.', As a consequence a trade has sprung up in artificially produced esters, sold for the purpose of adding them to any spirit to fraudulently convert it into a liquor passing as "brandy.'' The inquiries into the nature of brandy led to investigations into whisky. Formerly whisky was made from grain only and obtained by pot-still distillation, that form of "still'' yielding a product containing a comparatively large proportion of volatile matters other than alcohol. For many years past, however, improved stills—so-called patent stills—have been adopted, enabling manufacturers to obtain a purer and far stronger product, saving carriage and storage. Attempts were made in England in 1905-1907 to restrict the term "whisky'' solely to the pot-still product. But the question was referred in 1908 to a Royal Commission which reported against such a restriction. A common form of adulteration of whisky is the addition to it of spirit made on the Continent mainly from potatoes. This spirit is almost pure alcohol and is quite devoid of the injurious properties which are popularly but falsely attributed to it. The substitution of this—a very cheap and quite flavourless material—-for one which owes its value more to its flavour than to its alcoholic contents, is clearly fraudulent.
Drugs.—-To the adulteration of drugs but very brief reference can here be made. It is satisfactory to record that but very few of the great number of drugs included in the pharmacopoeias are liable to serious adulteration, and there are very few cases on record during recent years where real fraudulent adulteration was involved. The numerous preparations used by druggists are mostly prepared in factories under competent and careful supervision, and the standards laid down in the British Pharmacopoeia are, broadly speaking, carefully adhered to. The occurrence of unlooked-for impurities, such as that of arsenic in sodium-phosphate or in various iron preparations, can hardly be included in the list of adulterations. In the making up of prescriptions, however, a good deal of laxity is displayed; thus, the Local Government Board report of the years 1904-1905 refers to an instance of a quinine mixture containing 23 grains of quinine-sulphate instead of 240 grains. A certain latitude in the making up of physicians' prescriptions must necessarily be allowed, but much too frequently the reasonable limit of a 10% error over or under the amount of drug prescribed is exceeded. Certain perishable drugs, such as sweet spirits of nitre, or others liable to contain from their mode of manufacture metallic impurities, form the subjects of frequent prosecutions. The element of intentional fraud which characterizes many forms of food adulteration is happily generally absent in the case of drugs. (O. H.*)
ADULTERY (from Lat. adultorium), the sexual intercourse of a married person with another than the offender's husband or wife. Among the Greeks, and in the earlier period of Roman law, it was not adultery unless a married woman was the offender. The foundation of the later Roman law with regard to adultery was the lex Julia de adulteriis coercendis passed by Augustus about 17 B.C. (See Dig. 48. 5; Paul. Rec. Sent. ii. 26; Brisson, dit Leg. Jul. de Adult.) In Great Britain it was reckoned a spiritual offence, that is, cognizable by the spiritual courts only. The common law took no further notice of it than to allow the party aggrieved an action of damages. In England, however, the action for "criminal conversation,'' as it was called, was nominally abolished by the Matrimonial Causes Act 1857; but by the 33rd section of the same act, the husband may claim damages from one who has committed adultery with his wife in a petition for dissolution of the marriage, or for judicial separation. In Ireland the action for criminal conversation is still retained. In Scotland damages may be recovered against an adulterer in an ordinary action of damages in the civil court, and the latter may be found liable for the expenses of an action of divorce if joined with the guilty spouse as a co-defender. Adultery on the part of the wife is, by the law of England, a ground for divorce, but on the part of the husband must be either incestuous or bigamous, or coupled with cruelty or desertion for two or more years. In the United States adultery is everywhere ground of divorce, and there is commonly no prohibition against marrying the paramour or other re-marriage by the guilty party. Even if there be such a prohibition, it would be unavailing out of the state.in which the divorce was granted; marriage being a contract which, if valid where executed, is generally treated as valid everywhere. Adultery gives a cause of action for damages to the wronged husband. It is in some states a criminal offence on the part of each party to the act, for which imprisonment in the penitentiary or state prison for a term of years may be awarded.
In England, a complete divorce or dissolution of the marriage could, until the creation of the Court of Probate and Divorce, be obtained only by an act of parliament. This procedure is still pursued in the case of Irish divorces. In Scotland a complete divorce may be effected by proceedings in the Court of Session, as succeeding to the old ecclesiastical jurisdiction of the commissioners. A person divorced for adultery is, by the law of Scotland, prohibited from intermarrying with the paramour. In France, Germany, Austria and other countries in Europe, as well as in some of the states of the United States, adultery is a criminal offence, punishable by imprisonment or fine. (See DIVORCE.)
AD VALOREM (Lat. for "according to value''), the term given in commerce to a duty which is levied by customs authorities on goods or commodities in proportion to their value. An ad valorem duty is the opposite of a specific duty, which is chargeable on the measure or weight of goods. The United States is the one important country which has adopted in its tariff an extensive system of ad valorem duties, though it has not altogether disregarded specific duties; in some cases, indeed, the two are combined. Ad valorem duties, in the United States, are levied according to the saleable value of the goods in the country of their origin, and it is usual to require at the port of entry the production of an invoice with full particulars as to the place where, time when, and person from whom the goods were purchased, and the actual cost of the goods and the charges on them. Such an invoice is countersigned by the consul of the country for which the goods are intended. On arrival at the port of consignment the invoice is sworn to by the importer. The goods are then valued by an appraiser, and if the valuation of the appraiser exceeds that which appears on the invoice, double duty is levied, subject to appeal to a general appraiser and to boards of general appraisers.
It has been argued that, theoretically, an ad valorem duty is preferable to a specific duty, inasmuch as it falls in proper proportion alike on the high-priced and low-priced grades of a commodity, and, no matter how the value of any article fluctuates, the rate of taxation automatically adjusts itself to the new value. In practice, however, ad valorem duties lead to great inequalities, and are very difficult to levy; while the relative value of two commodities may remain apparently unchanged under an ad valorem duty, yet owing to the difference in the cost of production, or through the different proportions of fixed and circulating capital employed in their manufacture, an ad valorem tax will be felt much more severely by one commodity than by another. Again, there is always a difficulty in obtaining a true valuation on the exported goods, for values from their very nature are variable; while specific duties remain steady, and the buyer can always ascertain exactly what he will have to pay. The opening to fraud is also very great, for where, as in the United States, the object of the duty is to keep out foreign goods, every valuation at the port of shipment will be looked upon with the utmost suspicion, while it will always be a temptation to the foreign seller to undervalue, a temptation in many cases encouraged by the importer, for it lessens his tax, while the seller's market is increased. The staff of appraisers which must necessarily be kept at each port of entry considerably raises the expense, to say nothing of the annoyance and delay caused both to importers and foreign shippers.
The term "ad valorem'' is used also of stamp duties. By the Stamp Act 1891 certain classes of instruments, e.g. awards, bills of exchange, conveyances or transfers, leases, &c., must be stamped in England with the proper ad valorem duty, that is, the duty chargeable according to the value of the subject matter of the particular instruments or writings. (See STAMP DUTIES.)
ADVANCEMENT, a term technically used in English law for a sum of money or other benefit, given by a father during his lifetime to his child, which must be brought into account by the child on a distribution of the father's estate upon an intestacy on pain of his being excluded from participating in such distribution. The principle is of ancient origin; as regards goods and chattels it was part of the ancient customs of London and the province of York, and as regards land descending in coparcenary it has always been part of the common law of England under the name of hotch-pot (q.v.). The general rule was established by the Statutes of Distribution. The conditions under which cases of advancement arise are as follows: There must be a complete intestacy; the intestate estate must be that of the father; and the advancement must have been made in the lifetime of the father. Land which belongs or would belong to a child as heir at law or customary heir need not be brought in to the common fund, even though such land was given during the father's life. The widow can gain no advantage from any advancement. No child can be forced to account for his or her advancement, but in default thereof he will be excluded from a share in the intestate's estate. As to what is an advancement there has been much conflict of judicial opinion. According to one view, nothing is an advancement unless it be given "on marriage or to establish the child in life.'' The other and probably the correct view is that any considerable sum of money paid to a child at that child's request is an advancement; thus payment of a son's debts of honour has been held to be an advancement. On the other hand, trivial gifts and presents to a child are undoubtedly not advancements.
ADVANTAGE, that which gives gain or helps forward in any way. The Fr. avant (before) shows the origin and meaning of this word, the d having subsequently crept in and corrupted the spelling. It is often contracted to "vantage.'' In some games (e.g. lawn tennis) the term "vantage'' is used technically in scoring ("deuce'' and "vantage''; "vantage sets''). A position which gives a better chance of success than its surroundings is called a "vantage ground.'' In an unfavourable sense the word "advantage'' is used to express a mean use made of some favourable condition (e.g. to take advantage of another man's misfortunes).
ADVENT (Lat. Adventus, sc. Redemptoris, "the coming of the Saviour''), a holy season of the Christian church, the period of preparation for the celebration of the nativity or Christmas. In the Eastern church it lasts from St Martin's Day (11th of November), and in other churches from the Sunday nearest to St Andrew's Day (30th of November) till Christmas. It is uncertain at what date the season began to be observed. A canon of a council at Saragossa in 380, forbidding the faithful to be absent from church during the three weeks from the 17th of December to the Epiphany, is thought to be an early reference to Advent. The first authoritative mention of it is in the Synod of Lerida (524), and since the 6th century it has been recognized as the beginning of the ecclesiastical year. With the view of directing the thoughts of Christians to the first coming of Christ as Saviour, and to his second coming as Judge, special lessons are prescribed for the four Sundays in Advent. From the 6th century the season was kept as a period of fasting as strict as that of Lent; but in the Anglican and Lutheran churches the rule is now relaxed. In the Roman Catholic church Advent is still kept as a season of penitence. Dancing and festivities are forbidden, fasting enjoined and purple vestments are worn in the church services.
In many countries Advent was long marked by diverse popular observances, some of which even still survive. Thus in England, especially the northern counties, there was a custom (now extinct) for poor women to carry round the "Advent images,'' two dolls dressed one to represent Christ and the other the Virgin Mary. A halfpenny was expected from every one to whom these were exhibited, and bad luck was thought to menace the household not visited by the doll-bearers before Christmas Eve at the latest.
In Normandy the farmers still employ children under twelve to run through the fields and orchards armed with torches, setting fire to bundles of straw, and thus it is believed driving out such vermin as are likely to damage the crops. III Italy among other Advent celebrations is the entry into Rome in the last days of Advent of the Calabrian pifferari or bagpipe players, who play before the shrines of the Holy Mother. The Italian tradition is that the shepherds played on these pipes when they came to the manger at Bethlehem to do homage to the Saviour.
ADVENTISTS, SECOND, members of religious bodies whose distinctive feature is a belief in the imminent physical return of Jesus Christ. The first to bear the name were the followers of William Miller, and adherents have always been more numerous in America than in Europe. There is a body of Seventh Day Adventists who observe the old Sabbath (Saturday) rather than the Christian Sunday. They counsel abstemious habits, but set no time for the coming of Christ, and so are spared the perpetual disappointments that overtake the ordinary adventist. They have some 400 ministers and 60,000 members.
ADVENTITIOUS (from Lat. adventicius, coming from abroad), a quality from outside, in no sense part of the substance or circumstance: a man's clothes, or condition of life, his wealth or his poverty, are called by Carlyle "adventitious wrappages,'' as being extrinsic, superadded and not a natural part of him. In botany the word means that which is not normal to the plant, which appears irregularly and accidentally, e.g. buds or roots out of place, or strange spots and streaks not native to the flower.
ADVENTURE (from Lat. res adventura, a thing about to happen), chance, and especially chance of danger; so a hazardous enterprise or remarkable incident. Thus an "adventurer,'' from meaning one who takes part in some speculative course of action, came to mean one who lived by his wits and a person of no character. The word is also used in certain restricted legal connexions. Joint adventure, for instance, may be distinguished from partnership (q.v.). A bill of adventure in maritime law (now apparently obsolete) is a writing signed by the shipmaster declaring that goods shipped in his name really belong to another, to whom he is responsible. The bill of gross adventure in French maritime law is an instrument making a loan on maritime security.
ADVERTISEMENT, or ADVERTISING (Fr. avertissement, warning, or notice), the process of obtaining and particularly of purchasing publicity. The business of advertising is of very recent origin if it be regarded as a serious adjunct to other phases of commercial activity. In some rudimentary form the seller's appeal to the buyer must, however, have accompanied the earliest development of trade. Under conditions of primitive barter, communities were so small that every producer was in immediate personal contact with every consumer. As the primeval man's wolfish antipathy to the stranger of another pack gradually diminished, and as intercourse spread the infection of larger desires, the trapper could no longer satisfy his more complicated wants by the mere exchange of his pelts for his lowland neighbour's corn and oil. A began to accept from B the commodity which he could in turn deliver to C, while C in exchange for B's product gave to A what D had produced and bartered to C. The mere statement of such a transaction sufficiently presents its clumsiness, and the use of primitive forms of coin soon simplified the original process of bare barter. It is reasonable to suppose that as soon as the introduction of currency marked the abandonment of direct relations between purchaser and consumer an informal system of advertisement in turn rose to meet the need of publicity. At first the offer of the producer must have been brought to the trader's attention, and the trader's offer to the notice of the consumer, by casual personal contact, supplemented by local rumour. The gradual growth of markets and their development into periodical fairs, to which merchants from distant places resorted, afforded, until printing was invented, the only means of extended advertisement. In England, during the 3rd century, Stourbridge Fair attracted traders from abroad as well as from all parts of England, and it may be conjectured that the crying of wares before the booths on the banks of the Stour was the first form of advertisement which had any marked effect upon English commerce. As the fairs of the middle ages, with the tedious and hazardous journeys they involved, gradually gave place to a more convenient system of trade, the 15th century brought the invention of printing, and led the Way to the modern development of advertising. The Americans, to whom the elaboration of newspaper advertising is primarily due, had but just founded the first English-speaking community in the western hemisphere when the first newspaper was published in England. But although the first periodical publication containing news appeared in the month of May 1622, the first newspaper advertisement does not seem to have been published until April 1647. It formed a part of No. 13 of Perfect Occurrences of Every Daie journall in Parliament, and other Moderate Intelligence, and it read as follows:-A Book applauded by the Clergy of England, called The Divine Right of church Government, Collected by sundry eminent Ministers in the Citie of London; Corrected and augmented in many places, with a briefe Reply to certain Queries against the Ministery of England; Is printed and published for Joseph Hunscot and George Calvert, and are to be sold at the Stationers' Hall, and at the Golden Fleece in the Old Change. Among the Mercuries, as the weekly newspapers of the day were called, was the Mercurius Elencticus, and in its 45th number, published on the 4th of October 1648, there appeared the following advertisement:—
The Reader is desired to peruse a Sermon, Entituled A Looking-Glasse for Levellers, Preached at St. Peters, Paules Wharf, on Sunday, Sept. 24th 1648, by Paul Knell, Mr. of Arts. Another Tract called A Reflex upon our Reformers, with a prayer for the Parliament In an issue of the Mercurius Politicus, published by Marchmont Nedham, who is described as "perhaps both the ablest and the readiest man that had yet tried his hand at a newspaper,'' there appeared in January 1652 an advertisement, which has often been erroneously cited as the first among newspaper advertisements. It read as follows:—
Irenodia Gratulatoria, a heroic poem, being a congratulatory panegyrick for my Lord General's return, summing up his successes in an exquisite manner. To be sold by John Holden, in the New Exchange, London, Printed by Thomas Newcourt, 1652. The article "On the Advertising System,'' published in the Edinburgh Review for February 1843, contains the fullest account of early English advertising that has ever been given, and it has been very freely drawn upon by all writers who have since discussed the subject. But it describes this advertisement in the Mercurius Politicus as "the very first,'' and the discovery of the two earlier instances above quoted was due to the researches of a contributor to Notes and Queries.
In The Crosby Records, the commonplace-books of William Blundell, there is an interesting comment, dated 1659, on the lack of advertising facilities at that period—It would be very expedient if each parish or village might have some place, as the church or smithy, wherein to publish (by papers posted up) the wants either of the buyer or the seller, as such a field to be let, such a servant, or such a service, to be had, &c. There was a book published in London weekly about the year 1657 which was called (as I remember) The Publick Advice. At gave information in very many of these particulars. A year later the same diarist says—There is an office near the Old Exchange in London called the office of Publick Advice. From thence both printed and private information of this useful nature are always to be had. But what they print is no more than a leaf or less in a diurnal. I was in this office. The diurnal consisted of sixteen pages quarto in 1689. In No. 62 of the London Gazette, published in June 1666, the first advertisement supplement was announced—An Advertisement—Being daily prest to the Publication of Books, Medicines, and other things not properly the business of a Paper of Intelligence, This is to notifie, once for all, that we will not charge the Gazette with Advertisements, unless they be matter of State: but that a Paper of Advertisements will be forthwith printed apart, & recommended to the Publick by another hand. In No. 94 of the same journal, published in October 1666, there appeared a suggestion that sufferers from the Great Fire should avail themselves of this means of publicity—Such as have settled in new habitations since the late Fire, and desire for the convenience of their correspondence to publish the place of their present abode, or to give notice of Goods lost or found may repair to the corner House in Bloomsbury on the East Side of the Great Square, before the House of the Right Honourable the Lord Treasurer, where there is care taken for the Receipt and Publication of such Advertisements.
The earlier advertisements, with the exception of formal notices, seem to have been concerned exclusively with either books or quack remedies. The first trade advertisement, which does not fall within either of these categories, was curiously enough the first advertisement of a new commodity, tea. The following advertisement appeared in the Mercurius Politicus, No. 435, for September 1658—
That excellent and by all Physitians approved China Drink, called by the Chineans Tcha, by other nations Tay, alias Tee, is sold at the Sultaness Head, a cophee-house in Sweetings Rents, by the Royal Exchange, London.
The history of slavery, of privateering and of many other curious incidents and episodes of English history during the 17th and 18th centuries might be traced by examination of the antiquated advertisements which writers upon such subjects have already collected. In order that space may be found for some consideration of the practical aspects of modern advertising, the discussion of its gradual development must be curtailed. Nor is it necessary to preface this consideration by any laboured statement of the importance which advertising has assumed. It is a matter of common knowledge that several business houses are to be found in Great Britain, and a larger number in the United States, who spend not less than L. 50,000 a year in advertising, while one patent medicine company, operating both in England and the United States, has probably spent not less than L. 200,000 in Great Britain in one year, and an English cocoa manufacturer is supposed to have spent L. 150,000 in Great Britain. Some of the best works of artists as distinguished as Sir John Millais, Sir H. von Herkomer and Mr Stacy Marks have been scattered broadcast by advertisers. The purchase of Sir John Millais' picture "Bubbles'' for L. 2200 by the proprietors of a well-known brand of soap is probably the most remarkable instance of the expenditure in this direction which an advertiser may find profitable. There are in London alone more than 350 advertising agents, of whom upwards of a hundred are known as men in a considerable way of business. The statements which from time to time find currency in the newspapers with regard to the total amount of money annually spent upon advertising in Great Britain and in the United States are necessarily no better than conjectures, but no detailed statistics are required in order to demonstrate what every reader can plainly see for himself, that advertising has definitely assumed its position as a serious field of commercial enterprise.
Advertising, as practised at the beginning of the 20th century, may be divided into three general classes:—1. Advertising in periodical publications. 2. Advertising by posters, signboards (other than those placed upon premises where the advertised business is conducted), transparencies and similar devices. 3. Circulars, sent in quantities to specific classes of persons to whom the advertiser specially desired to address himself. It may be noted at the outset that advertising in periodical publications exercises a reflex influence upon these publications. The dally, weekly and monthly publications of the day are accustomed to look to advertisements for so large a part of their revenue that the purchaser of a periodical publication receives much greater value for his money than he could reasonably expect from the publisher if the aggregate advertising receipts did not constitute a perpetual subsidy to the publisher. It is not to be supposed, however, that the receipts from the sale of a paper cover all its expenses and that the advertising revenue is all clear profit. The average newspaper reader would be amazed if he knew at how great a cost the day's news is laid before him. A dignified journal displays no inclination to cry from the housetops the vastness of its expenditure, but from time to time an accident enables the public to obtain information in this connexion. The evidence taken by a recent Copyright Commission disclosed that the expenditure of the leading English journal upon foreign news alone amounted to more than L. 50,000 in the course of one year, and that a year not characterized by any great war to swell the ordinary volume of cable despatches.
In the case of daily papers sold at the minimum price, it is not less obvious that the costliness of news service renders advertising revenue indispensable, for although these less important journals spend less money, the price at which they are supplied to the news agents is very small in proportion to the cost of their production. If, however, this thought be pursued to its logical conclusion, the advertiser must admit that he in turn receives, from those among newspaper readers who purchase his wares, prices sufficiently high to cover the cost of his advertising. So that the reader is in the curious position of directly paying a certain price for his newspaper, receiving a newspaper fairly worth more than that price, while this price is supplemented by the indirect incidence of a sort of tax upon many of the commodities he consumes. On the other hand, a great part of the advertisements in a daily newspaper have themselves an interest and utility not less than that possessed by the news. The man who desires to hire a house turns to the classified lists which the newspaper publishes day after day, and servants and employers find one another by the same means. The theatrical announcements are so much a part of the news that even if a journal were not paid for their insertion they could not be altogether omitted without inconvenience to the reader. In the main, however, it is the advertiser who seeks the reader, not the reader who seeks the advertiser, and the care with which advertisements are prepared, and the certainty with which the success or failure of a trader may be traced to his skill or want of skill as an advertiser, show that the proper use of advertising is one of the most indispensable branches of commercial training.
Poster and sign advertisements.
Before discussing in detail the methods of advertising in periodical publications it may be well to complete, for the use of the general reader, a brief survey of the whole subject by examining the two other classes of advertisement. The most enthusiastic partisan of advertising will admit that posters and similar devices are very generally regarded by the public as sources of annoyance. A bold headline or a conspicuous illustration in a newspaper advertisement may for a moment force itself upon the reader's attention. In the French, and in some English newspapers, where an advertisement is often given the form of an item of news, the reader is distressed by the constant fear of being hoodwinked. He begins to read an account of a street accident, and finds at the end of the paragraph a puff of a panacea for bruises. The best English and American journals have refused to lend themselves to this sort of trickery, and in no one of the best journals printed in the English language will there be found an advertisement which is not so plainly differentiated from news matter that the reader may avoid it if he sees fit to do so. On the whole, then, newspaper advertisements ask, but do not compel attention. The whole theory of poster advertising is, on the other hand, one of tyranny. The advertiser who pays for space upon a hoarding or wall, although he may encourage a form of art, deliberately violates the wayfarer's mind. A trade-mark or a catch-word presents itself when eye and thought are occupied with other subjects. Those who object to this class of advertisement assert, with some show of reason, that an advertisement has no more right to assault the eye in this fashion than to storm the ear by an inordinate din; and a man who came up behind another man in the street, placed his mouth close to the other's ear, and bawled a recommendation of some brand of soap or tobacco, would be regarded as an intolerable disturber of public peace and comfort. Yet if the owner of a house sees fit to paint advertisements upon his walls, his exercise of the jealously guarded rights of private property may not lightly be disturbed. For the most part, both law and public opinion content themselves with restraining the worst excesses of the advertiser, leaving many sensitive persons to suffer. The National Society for Checking the Abuses of Public Advertising (known as SCARA), founded in 1803 in London, was organized for purposes which it describes as follows:—
The society aims at protecting the picturesque simplicity of rural and river scenery, and promoting a regard for dignity and propriety of aspect in towns—-with especial reference to the abuses of spectacular advertising.
It seeks to procure legislation whereby local representative bodies would be enabled to exercise control, by means of by-laws framed with a view to enabling them, at any rate, to grant relief in cases of flagrant and acknowledged abuse.
It is believed that, when regulation is applied in cases where local conditions are peculiarly favourable, the advantage will be so apparent that, by force of imitation and competition, the enforcement of a reasonable standard will gradually become common. The degree of restraint will, of course, depend upon the varying requirements of different places and positions. No hard-and-fast rule is suggested; no particular class of advertisement is proscribed; certainly no general prohibition of posters on temporary hoardings is contemplated. Within the metropolitan area sky signs have already been prohibited, and it is hoped that some corresponding check will be placed on the multiplication of the field boards which so materially diminish the pleasure or comfort of railway journeys.
The society regards with favour the imposition of a moderate tax or duty for imperial or local purposes on exposed advertisements not coming within certain categories of obviously necessary notices. The difficulty of inducing a chancellor of the exchequer to move in a matter where revenue is not the primary consideration is not overlooked. But it is thought that an impost would materially reduce the volume of exposed advertisements, and would at once extinguish the most offensive and the most annoying class, i.e. the quack advertisements by the road sides and the bills stuck by unauthorized persons on trees, walls and palings.
Members are recommended to make it known that there exists an active repugnance to the present practice of advertising disfigurement, by giving preference, in private transactions, to makers and dealers who do not employ objectionable methods, and by avoiding, as far as possible, the purchase of wares which, in their individual opinion, are offensively puffed. Action on these lines is advised rather for its educational than for its immediately deterrent effect; although, in the case of many of the more expensive commodities, makers would undoubtedly be much influenced by the knowledge that they would lose, rather than gain, custom.
The foregoing proposals are based on the following estimate of the conditions of the problem. It is believed that the present licence causes discomfort or loss of enjoyment to many, and that, in the absence of authoritative restriction, it must grow far beyond its present limits; that beauty or propriety of aspect in town and country forms as real a part of the national wealth as any material product, and that to save these from impairment is a national interest; that the recent developments of vexatiously obtrusive advertising have not grown out of any necessities of honourable business, but are partly the result of a mere instinct of imitation, and partly are a morbid phase of competition by which both the consumers and the trade as a whole lose; that restriction as regards the size and positions of advertising notices would not be a hardship to those who want publicity—since all competitors would be treated alike, each would have the same relative prominence; that, as large sums of public money are expended on institutions intended to develop the finer taste, and on edifices of elaborate design, it must be held inconsistent with established public policy to permit the sensibilities thus imparted to be wounded, and architectural effect to be destroyed at the discretion of a limited class. The influence of this society is to be seen in many of the restrictions which have been imposed upon advertisers since its work began. About a year after its foundation the London County Council abolished (under statutory powers obtained from Parliament) advertisements coming within the definition of sky-signs in the London Building Act of 1894. These specifications are as follows—"Sky sign', means any word, letter, model, sign, device, or representation in the nature of an advertisement, announcement, or direction supported on or attached to any post, pole, standard, framework, or other support, wholly or in part upon, over, or above any building or structure, which, or any part of which, sky sign shall be visible against the sky from any point in any street or public way, and includes all and every part of any such post, pole, standard, framework, or other support. The expression "sky sign'' shall also include any balloon, parachute, or similar device employed wholly or in part for the purposes of any advertisements or announcement on, over, or above any building, structure, or erection of any kind, or on or over any street or public way.
The act proceeds to exclude from its restrictions flagstaffs, weathercocks and any solid signs not rising more than 3 feet above the roof.
Another by-law of the London County Council, in great measure due to the observations made at coroners' inquests, protects the public against the annoyances and the perils to traffic occasioned by flashlight and searchlight advertisements. This by-law reads as follows:—No person shall exhibit any flashlight so as to be visible from any street and to cause danger to the traffic therein, nor shall any owner or occupier of premises permit or suffer any flashlight to be so exhibited on such premises.
The expression "flashlight'' means and includes any light used for the purpose of illuminating, lighting, or exhibiting any word, letter, model, sign, device, or representation in the nature of an advertisement, announcement, or direction which alters suddenly either in intensity, colour, or direction.
No person shall exhibit any searchlight so as to be visible from any street, and to cause danger to the traffic therein, nor shall any owner or occupier of premises permit or suffer any searchlight to be so exhibited on such premises.
The expression "searchlight'' means and includes any light exceeding 500-candle power, whether in one lamp or lantern, or in a series of lamps or lanterns used together and projected as one concentrated light, and which alters either in intensity, colour, or direction.
Advertising vans were so troublesome in London as to be prohibited in 1853; the "sandwich-man'' has in the City of London and many towns been ousted from the pavement to the gutter, from the more crowded to the less crowded streets, and as the traffic problem in the great centres of population becomes more urgent, he will probably be altogether suppressed.
Hoardings are now so restricted by the London Building Acts that new hoardings cannot, except under special conditions, be erected exceeding 12 feet in height, and no existing hoardings can be increased in height so as to exceed that limit. The huge signs which some advertisers, both in England and the United States, have placed in such positions as to mar the landscape, have so far aroused public antagonism that there is reason to hope that this form of nuisance will not increase.
In 1899 Edinburgh obtained effective powers of control over ail sorts of advertising in public places, and this achievement has been followed by no little agitation in favour of a Parliamentary enactment which should once for all do away with the defacing of the landscape in any part of the United Kingdom.
In 1907 an act was passed (Advertisements Regulation Act) of a permissive character purely, under which a local authority is enabled to make by-laws, subject to the confirmation of the Home Secretary, regulating (1) the erection of hoardings, &c., exceeding 12 feet in height, and (2) the exhibition of advertisements which might affect the "amenities'' of a public place or landscape.
The English law with regard to posters has undergone very little change. The Metropolitan Police Act 1839 (2 and 3 Vict. cap. 47) first put a stop to unauthorized posting, and the Indecent Advertisements Act of 1889 (sec. 3) penalized the public exposure of any picture or printed or written matter of an indecent or obscene nature. But in general practice there is hardly any limitation to the size or character of poster advertisements, other than good taste and public opinion. On the other hand, public opinion is a somewhat vague entity, and there have been cases in which a conflict has arisen as to what public opinion really was, when its legally authorized exponent was in a position to insist on its own arbitrary definition. Such an instance occurred some few years ago in the case of a large poster issued by a well-known London music-hail. The Progressive majority on the London County Council, led by Mr (afterwards Sir) J. M'Dougall, a well-known "purity'' advocate, took exception to this poster, which represented a female gymnast in "tights'' posed in what was doubtless intended for an alluring and attractive attitude; and, in spite of any argument, the fact remained that the decision as to renewing the licence of this music-hall rested solely with the Council. In showing that it would have no hesitation in provoking even a charge of meddling prudery, the Council probably gave a salutary warning to people who were inclined to sail rather too near the wind. But in Great Britain and America, at all events (though a doubt may perhaps exist as to some Continental countries), the advertiser and the artist are restrained, not only by their own sense of propriety, but by fear of offending the sense of propriety in their customers.
Posters and placards in railway stations and upon public vehicles still embarrass the traveller who desires to find the name of a station or the destination of a vehicle. In respect of all these abuses it is a regrettable fact that unpopularity cannot be expected to deter the advertiser. If a name has once been fixed in the memory, it remains there long after the method of its impression has been forgotten, and the purpose of advertisements of the class under discussion is really no more than the fixing of a trade name in the mind. The average man or woman who goes into a shop to buy soap is more or less affected by a vague sense of antagonism towards the seller. There is a rudimentary feeling that even the most ordinary transaction of purchase brings into contact two minds actuated by diametrically opposed interests. The purchaser, who is not asking for a soap he has used before, has some hazy suspicion that the shopkeeper will try to sell, not the article best worth the price, but the article which leaves the largest margin of profit; and the purchaser imagines that he in some measure secures himself against a bad bargain when he exercises his authority by asking for some specific brand or make of the commodity he seeks. If he has seen any one soap so persistently advertised that his memory retains its name, he will ask for it, not because he has any reason to believe it to be better or cheaper than others, but simply because he baffles the shopkeeper, and assumes an authoritative attitude by exerting his own freedom of choice. This curious and obscure principle of action probably lies at the root of all poster advertising, for the poster does not set forth an argument as does the newspaper advertisement. It hardly attempts to reason with the reader, but merely impresses a name upon his memory. It is possible, by lavish advertising, to go so far in this direction that the trade-mark of a certain manufacturer becomes synonymous with the name of a commodity, so that when the consumer thinks of soap or asks for soap, his concept inevitably couples the maker's name with the word "soap'' itself. In order that the poster may leave any impression upon his mind, it must of course first attract his attention. The assistance which the advertiser receives from the artist in this connexion is discussed in the article POSTER.
The fact that the verb "to circularize'' was first used in 1848; sufficiently indicates the very recent origin of the practice of plying possible purchasers with printed letters and pamphlets. The penny postage was not established in England until 1840; the halfpenny post for circulars was not introduced until 1855. In the United States a uniform rate of postage at two cents was not established until 1883. In both countries cheap postage and cheap printing have so greatly encouraged the use of circulars that the sort of people whom the advertiser desires to reach—those who have the most money to spend, and whose addresses, published in directories, indicate their prosperous condition—are overwhelmed by tradesmen's price-lists, appeals from charitable institutions, and other suggestions for the spending of money. The addressing of envelopes and enclosing of circulars is now a recognized industry in many large towns both in Great Britain and in the United States. It seems, however, to be the opinion of expert advertisers that what is called "general circularizing'' is unprofitable, and that circulars should only be sent to persons who have peculiar reason to be interested by their specific subject-matter. It may be noted, as an instance of the assiduity with which specialized circularizing is pursued, that the announcement of a birth, marriage or death in the newspapers serves to calf forth a grotesque variety of circulars supposed to be adapted to the momentary needs of the recipient.
In concluding this review of methods of advertising, other than advertisements in periodical publications, we may add that the most extraordinary attempt at advertisement which is known to exist is to be found at the churchyard at Godalming, Surrey, where the following epitaph was placed upon a
Sacred To the memory of Nathaniel Godbold Esq, inventor & Proprietor of that excellent medicine The Vegetable Balsam For the Cure of Consumptions & Asthmas. He departed this Life The 17th. day of Decr. 1799 Aged 69 years. Hic Cineres, ubique Fama.
The preparation of advertisements for the periodical press has within the last twenty years or so become so important a task that a great number of writers and artists—many of the latter possessing considerable abilities—gain a livelihood from this pursuit. The ingenuity displayed in modern newspaper advertising is unquestionably due to American initiative. The English newspaper advertisement of twenty years ago consisted for the most part of the mere reiteration of a name. An advertiser who took a column's space supplied enough matter to fill an inch, and ingenuously repeated his statement throughout the column. Such departures from this childlike method as were made were for the most part eccentric to the point of incoherence. It may, however, be said in defence of English advertisers, that newspaper publishers for a long time sternly discountenanced any attempt to render advertisements attractive. So long as an advertiser was rigidly confined to the ordinary single-column measure, and so long as he was forbidden to use anything but the smallest sort of type, there was very little opportunity for him to attract the reader's attention. The newspaper publisher must always remember that the public buy a newspaper for the sake of the news, not for the sake of the advertisements, and that if the advertisements are relegated to a position and a scope, in respect of display, so inferior that they may be overlooked, the advertiser cannot afford to bear his share of the cost of publication. Of late The Times, followed by almost all newspapers in the United Kingdom, has given the advertiser as great a degree of liberty as he really needs, and many experienced advertisers in America incline to the belief that the larger licence accorded to American advertisers defeats its own ends. The truth would seem to be that the advertiser will always demand, and may fairly expect, the right to make his space as fantastic in appearance as that allotted to the editor. When some American editors see fit to print a headline in letters as large as a man's hand, and to begin half-a-dozen different articles on the first page of a newspaper, continuing one on page 2, another on page 4, and another on page 6, to the bewilderment of the reader, it can hardly be expected that the American advertiser should submit to any very strict code of decorum. The subject of the relation between a newspaper proprietor and his advertisers cannot be dismissed without reference to the notable independence of advertisers' influence, which English and American newspaper proprietors authorize their editors to display. Whenever an insurance company or a bank goes wrong, the cry is raised that all the editors in Christendom had known for years that the directors were imbeciles and rogues, but had conspired to keep mute for the sake of an occasional advertisement. When the British public persisted, not long ago, in paying premium prices for the shares of over-capitalized companies, the crash had no sooner come than the newspapers were accused of having puffed promotions for the sake of the money received for publishing prospectuses. As a matter of fact, in the case of the best dailies in England and America, the editor does not stand at all in awe of the advertiser, and time after time the Money Article has truthlessly attacked a promotion of which the prospectus appeared in the very same issue. It is indeed to the interest of the advertiser, as well as to the interest of the reader, that this independence should be preserved, for the worth of any journal as an advertising medium depends upon its possessing a bona fide circulation among persons who believe it to be a serious and honestly conducted newspaper. All advertisers know that the minor weeklies, which contain nothing but trade puffs, and are scattered broadcast among people who pay nothing for their copies, are absolutely worthless from the advertiser's point of view. The most striking difference between the periodical press of Great Britain and that of America is, that in the former country the magazines and reviews play but a secondary role, while in the United States the three or four monthlies possessing the largest circulation are of the very first importance as advertising mediums. One reason for this is that the advertisements in an American magazine are printed on as good paper, and printed with as great care, as any other part of the contents. There are probably very few among American magazine readers who do not habitually look through the advertising pages, with the certainty that they will be entertained by the beauty of the advertiser's illustrations and the quaint curtness of his phrases. Another reason is that the American monthly magazine goes to all parts of the United States, while, owing to the time required for long journeys on even the swiftest trains, no American daily paper can have so general a circulation as The Times in the United Kingdom. In comparison with points on the Pacific coast, Chicago does not seem far from New York, yet, with the exception of one frenzied and altogether unsuccessful attempt, no New York daily has ever attempted to force a circulation in Chicago. The American advertiser would, therefore, have to spend money on a great number of daily papers in order to reach as widespread a public as one successful magazine offers him.
There is reason to believe that the English magazine publishers have erred gravely in taking what are known in the trade as "insets,'' consisting of separate cards or sheets printed at the advertiser's cost, and accepted by the publisher at a specific charge for every thousand copies. This system of insetting has the grave inconvenience that the advertiser finds himself compelled to print as many insets as the publisher asserts that he can use. The publisher, on the other hand, is somewhat at the mercy of too enthusiastic agents and employes, who estimate over-confidently the edition of the periodical which will probably be printed for a certain month, and advertisers have had reason to fear that many of their insets were wasted. The added weight and bulk of the insets cause inconvenience and expense to the newsdealer, as two or three insets printed upon cardboard are equivalent to at least sixteen additional pages. Some newsdealers have further complicated the inset question by threaten. ing to remove insets unless special tribute be paid to them; and with all these difficulties to be considered, many magazine publishers have seriously considered the advisability of altogether discontinuing the practice of taking insets, and of confining their advertisements to the sheets they themselves print. In connexion with this subject, it may be added that many readers habitually shake loose hills out of a magazine before they begin to turn the pages, and that railway stations, railway carriages and even public streets are thus littered with trampled and muddy advertisements. The old practice of distributing handbills in the streets is dying a natural death, more or less hastened by local by-laws, and when the loose bills in magazines and cheap novels have ceased to exist no one will be the loser. Advertisements in the weekly press are on the whole more successful in England than in America. A few American weeklies cope successfully with the increasing competition of the huge Sunday editions of American daily papers. But even the most successful among them—a paper for boys—has hardly attained the prosperity of some among its English contemporaries in the field of weekly journalism.
The merchant who turns to these pages for practical suggestions concerning the advertising of his own business, can be given no better advice than to betake himself to an established advertising agent of good repute, and be guided by his counsels. The chief part that he can himself play with advantage is to note from day to day whether the agent is obtaining advantageous positions for his announcements. Every advertiser will naturally prefer a right-hand page to a left-hand page, and the right side of the page to the left side of the page; while the advertiser who most indefatigably urges his claims upon the agent will, in the long run, obtain the largest share of the favours to be distributed. To the merchant who inclines to consider advertising in connexion with the broader aspects of his calling, it may be suggested that a new channel of trade demands very serious attention. What is called in England "postal trade,'' and in America "mail order business,'' is growing very rapidly. Small dealers in both countries have complained very bitterly of the competition they suffer from the general dealers and from stores made up of departments which, under one roof, offer to the consumer every imaginable sort of merchandise. This general trading, which, on the one hand, seriously threatens the small trader, and on the other hand offers greater possibilities of profit to the proportionately small number of persons who can undertake business on so large a scale, becomes infinitely more formidable when the general dealer endeavours not only to attract the trade of a town, but to make his place of business a centre from which he distributes by post his goods to remote parts of the country. In America, where the weight of parcels carried by post is limited to 4 lb., and where the private carrying companies are forced to charge a very much higher rate for carriage from New York to California than for shorter distances, the centralization of trade is necessarily limited; but it is no secret that, at the present moment, persons residing in those parts of the United Kingdom most remote from London habitually avail themselves of the English parcel post, which carries packages up to 11 lb. in order to procure a great part of their household supplies direct from general dealers in London. A trading company, which conducts its operations upon such a scale as this, can afford to spend an almost unlimited sum in advertising throughout the United Kingdom, and even the trader who offers only one specific class of merchandise is beginning to recognize the possibility of appealing to the whole country.
The following is a brief summary of the laws and regulations dealing with advertisements in public places in certain of the countries of Continental Europe and in the United States of America, the chief authority for which is an official return issued by the British Home Office in 1903.
France.—The permission of the owner is alone required for the placing of advertisements on private buildings; but buildings, walls, &c., belonging to the government or local authorities are reserved exclusively for official notices, &c.; these alone can be printed on white paper, all others must be on coloured paper. Municipal authorities control the size, construction, &c., of hoardings used for advertising purposes, and the police have full powers over the exhibition of indecent or other objectionable advertisements. The Societe pour la protection des paysages, founded in 1901, has for one of its objects the prevention of advertisements which disfigure the scenery or are otherwise objectionable.
Germany.—By sec. 43 of the Imperial Commercial Ordinance permission to post any trade advertisement in a public street, square, &c., must be first obtained from the local police. The police also control (by sec. 55 of the Imperial Press Law 1874) advertisements which are not of a trade character, but this regulation does not affect the right of the federal legislatures to make regulations in regard to them (sec. 30). It would be impossible to give in any detail the police regulations as to advertisements which exist, e.g. in Prussia, but the following rules in force in Berlin may be given:—Public advertisements in public streets and places may be posted only on the appliances, such as pillar posts, &c., provided for the purpose. Owners of property may post advertisements on their own property but only such as concern their own interests. Advertisements on public conveyances are forbidden. In 1902 a Prussian law was passed authorizing the police to forbid all advertisement hoardings, &c., which would disfigure particularly beautiful landscapes in rural districts. The Hesse-Darmstadt Act of 1902 prohibits the placing of any advertisements, posters, &c., on a monument officially protected under the act, if it would be likely to injure the appearance of the monument. As instances of the numerous local provisions against the abuse of advertising may be cited provisions against the abuse of advertising may be cited those of Augsburg and Lubeck, by Which any advertisement that would injure the Stadtbild or appearance of the town may be prohibited and removed by the local authority (see G. Baldwin Brown, The Care of Ancient Monuments, 1905). Full powers exist under the Imperial Criminal Code for the suppression of indecent or objectionable advertisements.
Austria.—-Permission of the police is required for the exhibition of printed notices in public places other than such as are of purely local or industrial interest, such as notices of entertainment, leases, sales, &c., or theatre programmes, and these can only be shown in places approved by the local authorities (Press Law 1862). The press-police act as advertisement censors and determine whether an advertisement can be allowed or not. In Hungary there are no general laws or regulations, but the municipalities have power to issue ordinances dealing with the question.
Italy.—All control rests with the municipal and communal authorities, who may decide on the places where advertisements may or may not be posted, and can prevent hoardings being placed on or near ancient monuments or public buildings. Switzerland.—-The Federal Government has no authority to deal with this question; certain of the cantons have regulations, e.g. Lucerne prohibits the public advertising of inferior goods by means of a false description, Basel-Stadt gives the police the power of censoring all advertisements. Many of the communal authorities throughout Switzerland have special restrictions and regulations. In Zurich the police choose the advertising stations, in Berne the municipality possesses a monopoly of the right of erecting advertisements. The Society known as the Ligue pour la conservation de la Suisse pittoresque or Schweitzerischer Heimatschutz has for one of its objects the preservation of scenery from disfiguring advertisements.
United States.—-There is no federal legislation on the subject, the matter being one for regulation by the states, which in most cases have left it to the various municipalities and other local authorities. With regard to indecent and objectionable advertisements some states have special legislation on the matter, others are content with the ordinary criminal laws or police powers or with the law of nuisance or of trespass. Thus control can be exercised over such advertisements as are dangerous to public safety, health or morals. The state of New York prohibits advertisements of lotteries. It would be impossible to give in detail the different laws and regulations passed in the various states or by municipalities. The following are some of the more striking measures adopted in certain of the states. In Massachusetts no advertising signs or devices are allowed on the public highways. Power has been granted to city and town authorities to regulate advertisements in, near or visible from public parks. In the District of Columbia no advertisement is allowed which obstructs a highway, and all distribution of handbills, circulars, &c., in public streets, parks, &c., is prohibited. This prohibition against what are generally known as "dodgers'' is very general in the local regulations throughout the states. In Illinois, city councils are empowered on the incorporation of the city to regulate and prevent the use of streets, sidewalks and public grounds for signs, handbills and advertisements, &c., and also the exhibition of banners, placards, in the streets or sidewalks. Chicago has a body of most stringent rules, but they apparently have been found impossible to enforce; thus no advertisement board more than 12 ft. square within 400 ft. of a public park or boulevard, no advertisements other than small ones relating to the business carried on in the premises where the advertisement is posted, or of sales, &c., are allowed in streets where three-quarters of the houses are "residences'' only. Prohibition is also extended to the advertisements of those professing to cure diseases or giving notice of the sale of medicines. In Boston there are regulations prohibiting projecting or overhanging signs in the streets, and special rules as to the height at which street signs and advertisements must be placed. The distribution of "dodgers'' in the streets is prohibited. Advertisements for places of amusement must be approved by the committee on licences.
France, Belgium, Italy and certain of the cantons in Switzerland impose a tax on advertisements, as do certain of the United States of America, where the form is usually that of a licence duty on billposters or advertising agencies. In many cases in the United States this is imposed by the municipalities. In every case both in Europe and America advertisements in newspapers are not subject to any tax. With regard to the literature of advertising, in addition to the historical article in the Edinburgh Review for February 1843, already mentioned, and that in the Quarterly Review for June 1855, the Society for Checking the Abuses of Public Advertising issue a journal, A Beautiful World. The Journal of the Society of Comparative Legislation (N.S. xvi. 1906) contains an article by W.J.B. Byles on Foreign Law and the Control of Advertisements in Public Places. The advertisers' handbooks, issued by the leading advertising agents, will also be found to contain practical information of great use to the advertiser. (H. R. H.*; C. WE.)
ADVICE (Fr. avis, from Lat. ad, to, and visum, viewed), counsel given after consideration, or information from a distance giving particulars of something prospective ( e.g. "advice'' of an imminent battle, or of a cargo due). In commerce it is a common word for a formal notice from one person concerned in a transaction to another.
ADVOCATE (Lat. advocatus, from advocare, to summon, especially in law to call in the aid of a counsel or witness, and so generally to summon to one's assistance), a lawyer authorized to plead the causes of litigants in courts of law. The word is used technically in Scotland (see ADVOCATES, FACULTY OF) in a sense virtually equivalent to the English term barrister, and a derivative from the same Latin source is so used in most of the countries of Europe where the civil law is in force. The word advocatus is not often used among the earlier jurists, and appears not to have had a strict meaning. It is not always associated with legal proceedings, and might apparently be applied to a supporter or coadjutor in the pursuit of any desired object. When it came to be applied with a more specific limitation to legal services, the position of the advocatus was still uncertain. It was different from, and evidently inferior to, that of the juris-consultus, who gave his opinion and advice in questions of law, and may be identified with the consulting counsel of the present day. Nor is the merely professional advocate to be confounded with the more distinguished orator, or patronus, who came forward in the guise of the disinterested vindicator of justice. This distinction, however, appears to have arisen in later times, when the profession became mercenary. By the lex Cineia, passed about two centuries B.C., and subsequently renewed, the acceptance of remuneration for professional assistance in lawsuits was prohibited. This law, like all others of the kind, was evaded. The skilful debater was propitiated with a present; and though he could not sue for the value of his services, it was ruled that any honorarium so given could not be demanded back, even though he died before the anticipated service was performed. The traces of this evasion of a law may be found in the existing practice of rewarding counsel by fees in anticipation of services. The term advocatus came eventually to be the word employed when the bar had become a profession, and the qualifications, admission, numbers and fees of counsel had become a matter of state regulation, to designate the pleaders as a class of professional men, each individual advocate, however, being still spoken of as patron in reference to the litigant with whose interest he was entrusted. The advocatus fisci, or fiscal advocate, was an officer whose function, like that of a solicitor of taxes at the present day, was connected with the collection of the revenue. The lawyers who practised in the English courts of common law were never officially known as advocates, the word being reserved for those who practised in the courts of the civil and canon law (see DOCTORS' COMMONS). There was formerly an important official termed his majesty's advocate-general, or more shortly, the king's advocate, who was the principal law officer of the crown in the College of Advocates or Doctors' Commons, and in the admiralty and ecclesiastical courts. He discharged for these courts the duties which correspond to those of the solicitor of the treasury (see SOLICITOR). His opinion was taken by the foreign office on international matters, and on high ecclesiastical matters he was also consulted; all orders in council were submitted to him for approval. The office may now be said to be obsolete, for after the resignation of Sir Travers Twiss, the last holder, in 1872, it was not filled up. There was also a second law officer of the crown in the admiralty court called the admiralty advocate. This office has long been vacant. Advocate is also the title still in use in some of the British colonies to denote the chief law officer of the crown there. For instance, in Sierra Leone (until 1896), Lagos and Cyprus he is called the king's advocate; in Malta, crown advocate; in Mauritius, procureur and advocate-general, and in the provinces of India advocate-general. In France, the avocats, as a body, were reorganized under the empire by a decree of the 15th of December 1830. There is, however, a distinction between avocats and avoues. The latter, whose number is limited, act as procurators or agents, representing the parties before the tribunals, draft and prepare for them all formal acts and writings, and prepare their lawsuits for the oral debates. The office of the avocat, on the other hand, consists in giving advice as to the law, and conducting the causes of his clients by written and oral pleadings. The number of avocats is not limited; every licentiate of law being entitled to apply to the corporation of avocats attached to each court, and after presentation to the court, taking the oath of office and passing three years in attendance on some older advocate, to have himself recognised as an advocate.
In Germany the advocat no longer forms a distinct class of lawyer. Since 1879, when a sweeping judicature act (Deutsche Justizgesetzgebung) reconstituted the judicial system, the advocat in his character of adviser, as distinguished from the procurator, who formerly represented the client in the courts, has become merged in the Rechtsanwalt, who has the dual character of counsellor and pleader.
The advocates ecclesiae.
In the middle ages the word advocatus (Fr. avoue, Ger. Vogt) was used on the continent as the title of the lay lord charged with the protection and representation in secular matters of an abbey. The office is traceable as early as the beginning of the 5th century in the Roman empire, the churches being allowed to choose defensores from the body of advocates to represent them in the courts. In the Frankish kingdom, under the Merovingians, these lay representatives of the churches appear as agentes, defensores and advocati; and under the Carolingians it was made obligatory on bishops, abbots and abbesses to appoint such officials in every county where they held property. The office was not hereditary, the advocatus being chosen, either by the abbot alone, or by the abbot and bishop concurrently with the count. The same causes that led to the development of the feudal system also affected the advocatus. In times of confusion churches and abbeys needed not so much a legal representative as an armed protector, while as feudal immunities were conceded to the ecclesiastical foundations, these required a representative to defend their rights and to fulfil their secular obligations to the state, e.g. to lead the ecclesiastical levies to war. A new class of advocatus thus arose, whose office, commonly rewarded by a grant of land, crystallized into a fief, which, like other fiefs, had by the beginning of the 11th century become hereditary.
The French avoue.
In France the advocati (avoues) were of two classes.—(1) great barons, who held the advocateship of an abbey or abbeys rather as an office than a fief, though they were indemnified for the protection they afforded by a domain and revenues granted by the abbey: thus the duke of Normandy was adpoeatus of nearly all the abbeys in the duchy; (2) petty seigneurs, who held their avoueries as hereditary fiefs and often as their sole means of subsistence. The avoue of an abbey, of this class, corresponded to the vidame (q.v.) of a bishop. Their function was generally to represent the abbot in his capacity as feudal lord; to act as his representative in the courts of his superior lord; to exercise secular justice in the abbot's name in the abbatial court; to lead the retainers. Of the abbey to battle under the banner of the patron saint.
In England the word advocatus was never used to denote an hereditary representative of an abbot; but in some of the larger abbeys there were hereditary stewards whose functions and privileges were not dissimilar to those of the continental advocati. The word advocatus, however, was in constant use in England to denote the patron of an ecclesiastical benefice, whose sole right of any importance was an hereditary one of presenting a parson to the bishop for institution. In this way the hereditary right of presentation to a benefice came to be called in English an "advowson'' (advocatio). The advocatus played a more important part in the feudal polity of the Empire and of the Low Countries than in France, where his functions, confined to the protection of the interests of religious houses, were superseded from the 13th century onwards by the growth of the central power and the increasing efficiency of the royal administration. They had, indeed, long ceased to be effective for their original purpose; and from the time when their office became a fief they had taken advantage of their position to pillage and suppress those whom it was their function to defend. The medieval records, not in France only, are full of complaints by abbots of their usurpations, exactions and acts of violence.
The German Vogt.
In Germany the title of advocatus ( Vogt) was given not only to the advocati of churches and abbeys, but to the officials appointed, from early in the middle ages, by the emperor to administer their immediate domains, in contradistinction to the counts, who had become hereditary princes of the Empire. The territory so administered was known as Vogtland (terra advocatorum), a name still sometimes employed to designate the strip of country which embraces the principalities of Reuss and adjacent portions of Saxony, Prussia and Bavaria. These imperial advocati tended in their turn to become hereditary. Sometimes the emperor himself assumed the title of Vogt of some particular part of his immediate domain. In the Netherlands as well as in Germany advocati were often appointed in the cities, by the overlord or by the emperor, sometimes to take the place of the bailiff (Ger. Schultheiss, Dutch schout, Lat. scultetus), sometimes alongside this official.
See Du Cange, Glossarium (ed. 1883, Niort), s. "Advocati''; A. Luchaire, Manuel des institutions francaises (Paris, 1892); Herzog Hauck, Realencyklopadie (ed. Leipzig, 1896), s. "Advocatus ecclesiae,'' where further references will be found.
ADVOCATES, FACULTY OF, the collective term by which what in England are called barristers are known in Scotland. They professionally attend the supreme courts in Edinburgh; but they are privileged to plead in any cause before the inferior courts, where counsel are not excluded by statute. They may act in cases of appeal before the House of Lords; and in some of the British colonies, where the civil law is in force, it is customary for those who practise as barristers to pass as advocates in Scotland. This body has existed by immemorial custom. Its privileges are constitutional, and are founded on no statute or charter of incorporation. The body formed itself gradually, from time to time, on the model of the French corporations of avocats, appointing like them by a general vote, a dean or doyen, who is their principal officer. It also differs from the English and Irish societies in that there is no governing body similar to the benchers, nor is there any resemblance to the quasi-collegiate discipline and the usages and customs prevailing in an inn of court. No curriculum of study, residence or professional training was, until 1856, required on entering this profession; but the faculty have always had the power, believed to be liable to control by the Court of Session, of rejecting any candidate for admission. The candidate undergoes two private examinations —the one in general scholarship, in lieu of which, however, he may produce evidence of his having graduated as master of arts in a Scottish university, or obtained an equivalent degree in an English or foreign university; and the other, at the interval of a year, in Roman, private international and Scots law, He must, before the latter examination, produce evidence of attendance at classes of Scots law and conveyancing in a Scottish university, and at classes of civil law, public or international law, constitutional law and medical jurisprudence in a Scottish or other approved university. He has then to undergo the old academic form of the public impugnment of a thesis on some title of the pandects; but this ceremony, called the public examination, has degenerated into a mere form. A large proportion of the candidate's entrance fees (amounting to L. 339) is devoted to the magnificent library belonging to the faculty, which literary investigators in Edinburgh find so eminently useful.
ADVOCATUS DIABOLI, devil's advocate, the name popularly given to the promoter of the Faith (promotor fidei), and officer of the Sacred Congregation of Rites at Rome, whose duty is to prepare all possible arguments against the admission of any one to the posthumous honours of beatification and canonization. This functionary is first formally mentioned under Leo X.(1513- 1521) in the proceedings in connexion with the canonization of St Lorenzo Giustiniani. In 1631 Urban VIII. made his presence, either in person or by deputy, necessary for the validity of any act connected with the process of beatification or canonization (see CANONISATION). The phrase, "devil's advocate,'' has by an easy transference come to be used of any one who puts himself up, or is put up, for the sake of promoting debate, to argue a case in which he does not necessarily believe.
ADVOWSON, or @ADVOWZEN (through O. Fr. advouson, from Lat. advocatio, a summons to), the right of presentation to a vacant ecclesiastical benefice, so called because the patron defends or advocates the claims of the person whom he presents. At what period the right of advowson arose is uncertain; it was probably the result of gradual growth. The earliest trace of the practice is found in the decree of the council of Orange, A.D. 441, which allowed a bishop, who had built a church in the diocese of another bishop, to nominate the clerk, but not to consecrate the church. The 123rd Novel of Justinian, promulgated about the end of the 5th century, decreed "that if any man should erect an oratory, and desire to present a clerk thereto by himself or his heirs, if they furnish a competency for his livelihood, and nominate to the bishop such as are worthy, they may be ordained.'' The 57th Novel empowered the bishop to examine them and judge of their qualifications, and, where those were sufficient, obliged him to admit the clerk. In England, for quite two centuries after its conversion, the clergy administered only pro tempore in the parochial churches, receiving their maintenance from the cathedral church, all the appointments within the diocese lying with the bishop. But in order to promote the building and endowment of parochial churches those who had contributed to their erection either by a grant of land, by building or by endowment, became entitled to present a clerk of their own choice to the bishop, who was invested with the revenues derived from such contribution. After the Norman Conquest, when the boundaries between church and state were more clearly marked, it became usual for patrons to appoint to livings not only without the consent, but even against the will, of the bishops.
Advowsons are divided into two kinds, appendant and in gross. Originally the right of nominating1 or presenting was annexed to the person who built or endowed the church, but the right gradually became annexed to the manor in which it was built, for the endowment was considered parcel of the manor, the church being built for the use of the inhabitants, and the tithes of the manor being attached to the church. Consequently where the right of patronage (the right of the patron to present to the bishop the person whom he has nominated to become rector or vicar of the parish to the benefice of which he claims the right of advowson) remains attached to the manor, it is called an advowson appendant, and passes with the estate by inheritance or sale without any special conveyance. But where, as is often the case, the right of presentation has been sold by itself, and so separated from the manor, it is called an advowson in gross. An advowson may also be partly appendant, and partly in gross, e.g. if an owner granted to another every second presentment, the advowson would be appendant for the grantor's turn and in gross for the grantee's.
Advowsons are further distinguished into presentative and collative. In a presentative advowson, the patron presents a clergyman to the bishop, with the petition that he be instituted into the vacant living. The bishop is bound to induct if he find the clergyman canonically qualified, and a refusal on his part is subject to an appeal to an ecclesiastical court either by patron or by presentee. In a collative advowson the bishop is himself the patron, either in his own right or in the right of the proper patron, which has lapsed to him through not being exercised within the statutory period of six months after the vacancy occurred. No petition is necessary in this case, and the bishop is said to collate to the benefice. Before 1898 there were also donative advowsons, but the Benefices Act 1898 made all donations with cure of souls presentative. In a donative advowson, the sovereign, or any subject by special licence from the sovereign, conferred a benefice by a simple letter of gift, without any reference to the bishop, and without presentation and institution. The incumbent of such a living was to a great extent free from the jurisdiction of the bishop, who could only reach him through the action of an ecclesiastical court. The Benefices Act of 1898 did not make any substantial change in the legal character of advowsons, which remain practically the same as before the act. Briefly, it prevents the dealing with the right of presentation as a thing apart from the advowson itself; increases the power of the bishops to refuse the presentation of unfit persons, and removes several abuses which had arisen in the transfer of patronage. Under the previously existing law, simony, or "the corrupt presentation of any person to an ecclesiastical benefice for gift, money or reward,'' renders the presentation void, and subjects the persons privy or party to it to penalties; a presentation to a vacant benefice cannot be sold, and no clerk in holy orders can purchase for himself a next presentation. An advowson may, however, be sold during a vacancy, though that will not give the right to present to that vacancy; and a clerk may buy an advowson even though it be only an estate for life, and present himself on the next vacancy. Under the Benefices Act, advowsons may not be sold by public auction except in conjunction with landed property adjacent to the benefice; transfers of patronage must be registered in the registry of the diocese, and no such transfers can be made within twelve months after the last admission or institution to the benefice. Restrictions had also been imposed on the transfer of patronage of churches built under the Church Building Acts and New Parishes Acts, and on that of benefices in the gift of the lord chancellor, and sold by him in order to augment others; but agreements may be made as to the patronage of such churches in favour of persons who have contributed to their building or enlargement without being void for simony.
The right of presentation may be exercised by its owner whether he be an infant, executors, trustees, coparceners (who, if they cannot agree, present in turn in order of age) or mortgagee (who must present the nominee of the mortgagor), or a bankrupt (who, although the advowson belongs to his creditors, yet has the right to present to a vacancy). Certain owners of advowsons are temporarily or permanently disabled from exercising the right which devolves upon other persons; and the crown as patron paramount of all benefices can fill all churches not regularly filled by other patrons. It thus presents to all vacancies caused by simoniacal presentations, or by the incumbent having been presented to a bishopric or in benefices belonging to a bishopric when the see is vacant by the bishop's death, translation or deprivation. Where a presentation belongs to a lunatic, the lord chancellor presents for him. Where it belongs to a Roman Catholic the right is exercised in his behalf by the University of Oxford if the benefice be situate south of the river Trent, and by that of Cambridge if it be north of that river. Besides the qualifications required of a presentee by canon law, such as being of the canonical age, and in priest's orders before admission, sufficient learning and proper orthodoxy or morals, the Benefices Act requires that a year shall have elapsed since a transfer of the right of patronage, unless it can be shown that such transfer was not made in view of a probable vacancy; that the presentee has been a deacon for three years; and that he is not unfit for the discharge of his duties by reason of physical or mental infirmity or incapacity, grave pecuniary embarrassment, grave misconduct or neglect of duty in an ecclesiastical office, evil life, or conduct causing grave scandal concerning his moral character since his ordination, or being party to an illegal agreement with regard to the presentation; that notice of the presentation has been given to the parish of the benefice. Except by leave of the bishop or sequestrator, the incumbent of a sequestered benefice cannot be presented. The act also gives to both patron and presentee an alternative mode of appeal against a bishop's refusal to institute or admit, except on a ground of doctrine or ritual, to a court composed of an archbishop of the province and a judge of the High Court nominated for that purpose by the lord chancellor, a course which, however, bars resort being had to the ordinary suits of duplex querela or action of quare impedit. In case of refusal of one presentee, a lay patron may present another, and a clerical patron may do so after an unsuccessful appeal against the refusal. Upon institution the church is full against everybody except the crown, and after six months' peaceable possession the clerk is secured in possession of the benefice, even though he may have been presented by a person who is not the proper patron. The true patron can, however, exercise his right to present at the next vacancy, and can reserve the advowson from an usurper at any time within three successive incumbencies so created adversely to his right, or within sixty years. Collation, which otherwise corresponds to institution, does not make the church full, and the true patron can dispossess the clerk at any time, unless he is a patron who collates. Possession of the benefice is completed by induction, which makes the church full against any one, including the crown. If the proper patron fails to exercise his right within six calendar months from the vacancy, the right devolves or lapses to the next superior patron, e.g. from an ordinary patron to the bishop, and if he makes similar default to the archbishop, and from him on similar default to the crown. If a bishopric becomes vacant after a lapse has accrued to it, it goes to the metropolitan; but in case of a vacancy of a benefice during the vacancy of the see the crown presents. Until the right of presentation so accruing to a bishop or archbishop is exercised, the patron can still effectually present but not if lapse has gone to the crown.
(See also BBNEFICE; GLEBE; INCUMBENT; VICAR.)
AUTHORITIES.—-Burn, Ecclesiastical Law; Bingham's Origines Ecclesiasticae, or, the Antiquities of the English Church; Mirehouse, On Advowson; Phillimore, Ecclesiastical Law.
1 The distinction between nomination to a living and presentation is to be noted. Nomination is the power, by virtue of a manor or otherwise, to appoint a clerk to the patron of a benefice, to be by him presented to the ordinary. Presentation is the act of a patron in offering his clerk to the bishop, to be instituted in a benefice of his gift. Nomination and presentation, though generally used in law lor the same thing must be so distinguishnd, for it is possible that the rights of nomination may be in one person, and the rights of presentation in another.
ADYE, SIR JOHN MILLER (1819-1900), British general, son of Major James P. Adye, was born at Sevenoaks, Kent, on the 1st of November 1819. He entered the Royal Artillery in 1836, was promoted captain in 1846, and served throughout the Crimean War as brigade-major and assistant adjutant-general of artillery (C.B., brevets of major and lieutenant-colonel). In the Indian Mutiny he served on the staff in a similar capacity. Promoted brevet-colonel in 1860, he was specially employed in 1863 in the N.W. frontier of India campaign, and was deputy adjutant-general, Bengal, from 1863 to 1866, when he returned home. From 1870 to 1875 Adye was director of artillery and stores at the War Office. He was made a K.C.B. in 1873, and was promoted to be major-general and appointed governor of the Royal Military Academy, Woolwich, in 1875, and survey or general of the ordnance in 1880. In 1882 he was chief of staff and second in command of the expedition to Egypt, and served throughout the campaign (G.C.B. and thanks of parliament). He held the government of Gibraltar from 1883 to 1886. Promoted lieutenant-general in 1879, general and colonel commandant of the Royal Artillery in 1884, he retired in 1886. He unsuccessfully contested Bath in the Liberal interest in 1892. He died on the 26th of August 1900. He was author of A Review of The Crimean War; The Defense of Cawnpore; A Frontier Campaign in Afghanistan; Recollections of a Military Life; and Indian Frontier Policy.
ADYTUM, the Latinized form of aduton (not to be entered), the innermost sanctuary in ancient temples, access to which was forbidden to all but the officiating priests. The most famous adytum in Greece was in the temple of Apollo at Delphi.
ADZE (from the Old Eng. adesa, of which the origin is unknown), a tool used for cutting and planing. It is somewhat like an axe reversed, the edge or the blade curving inward and placed at right angles to the handle. This shape is most suitable for planing uneven timber, as inequalities are "hooked off'' by the curved blade. (See TOOLS.)
AEACUS, in Greek legend, ancestor of the Aeacidae, was the son of Zeus and Aegina, daughter of the river-god Asopus. His mother was carried off by Zeus to the island of Oenone, which was afterwards called by her name. The island having been depopulated by a pestilence, Zeus changed the ants upon it into human beings (Ovid, Met. vii. 520), who were called Myrmidones (murmekes = ants) . Aeacus ruled over his people with such justice and impartiality that after his death he was made judge of the lower world together with Minos and Rhadamanthus. By his wife Endeis he was the father of Telamon and Peleus. His successful prayer to Zeus for rain at a time of drought (Isocrates, Evagoras, 14) was commemorated by a temple at Aegina (Pausanias ii. 29). He himself erected a temple to Zeus Panhellenios and helped Poseidon and Apollo to build the walls of Troy. See Hutchinson, Aeacus, 1901.
AECLANUM, an ancient town of Samnium, Italy, 15 m. E.S.E. of Beneventum, on the Via Appia (near the modern Mirabella). It became the chief town of the Hirpini after Beneventum had become a Roman colony. Sulla captured it in 89 B.C. by setting on fire the wooden breastwork by which it was defended, and new fortifications were erected. Hadrian, who repaired the Via Appia from Beneventum to this point, made it a colony; it has ruins of the city walls, of an aqueduct, baths and an amphitheatre; nearly 400 inscriptions have also been discovered. Two different routes to Apulia diverged at this point, one (Via Aurelia Aeclanensis) leading through the modern Ariano to Herdoniae, the other (the Via Appia of the Empire) passing the Lacus Ampsanctus and going on to Aquilonia and Venusia; while the road from Aeclanum to Abellinum (mod. Avellini) may also follow an ancient line. H. Nissen (Italische Landes kunde, Berlin, 1902, ii. 819) speaks of another road, which he believes to have been that followed by Horace, from Aeclanum to Trevicum and thence to Ausculum; but Th. Monimsen (Corpus Inscrip. Lat., Berlin, 1883, ix. 602) is more likely to be right in supposing that the road taken by Horace ran directly from Beneventum to Trevicum and thence to Aquilonia (though the course of this road is not yet determined in detail), and that the easier, though somewhat longer, road by Aeclanum was of later date.
AEDESIUS (d. A.D. 355), Neoplatonist philosopher, was born of a noble Cappadocian family. He migrated to Syria, attracted by the lectures of Iamblichus, whose follower he became. According to Eunapius, he differed from Iamblichus on certain points connected with magic. He taught at Pergamum, his chief disciples being Eusebius and Maximus. He seems to have modified his doctrines through fear of Constantine.
See Ritter and Preller, 552; Ritter's Geschichte der Philosophie; T. Whittaker, The Neoplatonists (Cambridge, 1901).
AEDICULA (diminutive of Lat. aedis or aedes, a temple or house), a small house or temple,—a household shrine holding small altars or the statues of the Lares and Penates.