the proceedings must be commenced anew, in the names of both. By the laws of some of the U. States, however, the suit does not abate, but the husband comes in and joins in prosecuting it. If a suit is pending against the wife at the time of the marriage, it does not abate, for the law will not permit the rights of third parties to be injured by the voluntary act of the defendant, but such suit proceeds as if no marriage had taken place, or the husband is cited in and made a co-defendant in the suit. The same principles extend to all the civil relations of the wife. If she was acting as executrix on an estate, the husband, on the marriage, becomes executor with her. So if she is appointed executrix during the marriage, the husband is executor with her; and so where imprisonment for debt is permitted, the law does not allow the wife to be imprisoned on execution for her own debt, separately from her husband, but he must be imprisoned with her; and if he escapes from prison, and is not retaken, after a reasonable time allowed for this purpose, the wife will be discharged. On the dissolution of the marriage by the death of the husband, or by a divorce from the bonds of matrimony, the civil abilities of the wife revive, and she will then also be entitled, in her own right, to the rents and income of her real estate accruing subsequently, and she will also be entitled, in her own right, to all the debts due to her before the marriage, and which the husband has not appropriated to himself. But, as all the earnings of the wife, during the marriage, belong exclusively to the husband, whether gained by her labor, by trade, or in any other way, he alone can sue for any claim thence arising; and, in case of his decease, his executors succeed to his right, and not the wife in her individual capacity. The law, at the same time, shows a scrupulous respect for a union so intimate, and permits the parties mutually to defend each other against the attacks of other persons; and also exempts them, except in a few extreme cases, from being witnesses against each other, upon the same principle on which it exempts a party from being a witness against himself; and even farther, for it will not permit either to be a witness against the other. It is a general rule, that this contract of marriage so completely absorbs all others, that the parties cannot afterwards contract with each other, since, in the view of the law, it would be equivalent to a contract of a party with himself. In the time of lord Mansfield, some decisions were made by

the court of king's bench, in England, tending to the introduction of an exception to this doctrine, in case of an agree ment between husband and wife to live separately, upon formal articles made by them, providing for a separate maintenance of the wife. But the same court retraced its steps, in the time of the succeeding chief-justice, lord Kenyon, and reestablished the old doctrine, that all such agreements were absolutely void. The only way, accordingly, of protecting and maintaining the pecuniary contracts of the wife, and preventing them from being merged by the marriage, is through the intervention of trustees. The law does not prevent the putting property into the hands of trustees, to be managed either according to the discretion of the trustees, or under the direction of the wife, for her separate benefit, as if she were a single woman; and this may be done either before or after the marriage, provided that the interest of creditors, having subsisting claims at the time, shall not be affected. So that, after all, this civil identity of the husband and wife, as to the possession, use, control and application of the wife's property, or its income, is merely nominal, since the law permits to be done in the name of another what it does not permit in her own. And, where there are courts established with sufficient powers to give suitable remedies in regard to such contracts (as there ought, undoubtedly, to be every where), any provisions and conditions may be agreed upon between the parties, as to any property already existing. Such contracts are, however, collateral to that of marriage; for the law will by no means allow of any conditions or modifications to the contract itself. In countries where the civil institutions are borrowed from the Roman law, as has already been said, the conjugal bond, of its own force, and according to the general laws, independently of any express stipulations of the parties between themselves, or of the intervention of any third parties, gives rise to a very different set of relations and rights. To take the French code, for an example, without going into an inquiry how far the laws of other countries, derived from the same source, coincide with that code in minor details and provisions, there are two descriptions of marriage contract, as far as the property of the parties is concerned, both of which, however, contemplate the rights of property of the parties as distinct. By one form of the marriage contract, the husband and wife become partners; by the other, their rights

of property continue distinct, notwithstanding the marriage. In case of no stipulation, a community of goods will, by the operation of law, result from the marriage; so that a special agreement is requisite, in order to maintain a separate property in each party; and this is called a dotal marriage, or one in which the wife's dot, or portion, is regarded as a distinct property. If the marriage is intended to be a dotal one, it must be so expressed, in a formal instrument, drawn up before a notarypublic; and thus the same object is effected, which, under the jurisdiction of the common law of England, can be secured only by the interposition of a third party, and a set of minute and elaborate provisions, creating a trust. The French code does not, however, any more than the English common law, permit any conditions or modifications to be introduced into the marriage contract itself, which makes the personal rights of the parties the same throughout the kingdom; and, in respect to the rights to property, and its possession and use, it does not, like the English common law, affect at all to consider the parties as identified. This community of goods extends to all the movable property of the parties, possessed at the time of the marriage, and to all that is acquired by them during the continuance of the conjugal relation, as well what accrues from their industry, and the use of their property, as that which comes by descent or donation, unless the donation is upon other conditions prescribed on the part of the donor; but, on the dissolution of the partnership, or community of goods and interests, whether by the death of one of the parties, or otherwise, a division is made between them, or between the survivor and the heirs of the deceased partner, as in the case of an ordinary partnership; but, if the marriage is dotal, the wife's portion, or its value, will continue to be her separate property; but still, unless it be otherwise agreed, the management and income of it will belong to the husband, who is not obliged to give any sureties for his proper management of the trust, unless it shall be so stipulated by the parties. If this separate property consists of lands, neither the husband alone, nor both parties concurring, can dispose of it during the marriage. In general, this separate property, or its value, must eventually, on the dissolution of the marriage, like the wife's share in the partnership funds in the case of community of property, go to the wife, or her representatives. There are, however, certain cases

in which a part or the whole of the capital, of which the portion consists, may be alienated during the marriage; as, for instance, to obtain the release of the husband from prison, to supply the means of support to the family, and in a few other specified cases; but in general, it is to remain the separate property of the wife, and, as such, whether it consists of personal or real estate, descends to her heirs.

HUSKISSON, William, the right honorable, was born 1769, and sent to Paris, while quite young, to study anatomy and medicine. On the breaking out of the French revolution, he was warmly disposed to the liberal side of the question, and was an active member of the London corresponding society, though not, as has been said, of the Jacobin club at Paris. He was soon after, however, introduced to the notice and favor of Mr. Pitt, and, in 1796, was placed in the office of Mr. Dundas (lord Melville), then secretary of the home department. In 1801, he was appointed receiver-general of the duchy of Lancaster, and a commissioner of trade and plantations. He soon after entered parliament as member for Morpeth. Here Mr. Huskisson did not speak much, but was very useful to the ministry in financial matters, both in parliament and in preparing papers. When Mr. Canning's difference with lord Castlereagh induced him to leave the ministry (1809), Mr. Huskisson retired with him, and in subsequent debates it soon appeared that a third party existed in the house, agreeing with the ministry on questions of general policy, but joining the opposition in demanding retrenchment in the public expenditure. On the appointment of Mr. Canning to the foreign secre tariship, Mr. Huskisson entered the cabinet with him as president of the board of trade. In the Goderich ministry, he became secretary for the colonies, and retained that post in the Wellington minis try, composed of the warm enemies of his late friend, Mr. Canning; but it was soon apparent that no cordial cooperation could take place between men of such opposite principles, and Mr. Huskisson and his friends were soon obliged to withdraw. His death took place Sept. 15, 1830. Being present at the celebration on the opening of the Liverpool and Manchester railway, he came inadvertently in the course of one of the steam-carriages, moving at a rapid rate, which passed over him, and crushed one of his legs. He died very soon after.

HUSS, HUSSITES. John Huss was born

named, the indistinctness of the expression in the particular cases, and the proselyting activity of the Catholic clergy, render the Catholic religion predominant. Children, whose parents are of different religions, if the father is a Catholic, must be educated in the Catholic religion; but if he is a Protestant, only the sons can adopt his religion. This is the cause of most of the oppressions, which the people suffer from the clergy, who are very careful to prevent the Protestant religion from getting the ascendency. The legislative power is vested in the diet, that is, the king and the estates. The estates consist of the higher clergy (bishops, popes and abbots), the magnates, the two courts of appeal, and two representatives from each chapter, county, city and privileged district. They are divided into two chambers (tabula), under the presidency of the palatine and the personal (president of the royal chambers of justice). The diet has also the privilege of crowning the king (who swears to maintain the liberties and rights of the kingdom, and to recover all the lost provinces, and annex them to the kingdom), of electing the palatine (the first officer of the state), and of granting supplies and subsidies in money, in kind, and in troops. The king has, 1. the right of patronage, or the investiture of all ecclesiastical benefices; 2. the right of conferring nobility (yet certain prelates have the power, by granting particular estates, of placing persons, not belonging to the nobility, in a condition nearly equivalent to that of the nobility); 3. the appointment to all offices and honors, excepting that of palatine; 4. the coining of money; 5. the regulation of the post; 6. the right of declaring war and making peace; 7. the command of the army; 8. the right of assembling and dissolving the diet. The inferior administration of the country is differently organized in relation to the various classes of inhabitants. The whole country is divided into 53 counties, of which there is one in the Littorale, three in Croatia, and three in Sclavonia. The county magistrates have the immediate government over both the nobility and the peasants of the county; but they are elected by the nobility, every three years, from their own members, besides which they advise with the nobility on subjects of general interest, in public meetings. The citizens of the free cities have also their own magistrates, consisting of the inner council (senators elected for life), and the outer (the electors who choose the senate and fill their own vacancies). The privileged

districts also choose their own magistrates. The royal regency (in Buda), at the head of which is the palatine, is over all the offices above named. It has the supreme administration of the country, and is the regular organ of communication between the king and country; it watches over the observance of the constitution, and submits to the king any proposals for the public good. The king exercises his authority through the Hungarian chancery (in Vienna). Besides their political powers, the inferior authorities exercise the administration of justice in the first instance. But the peasant is subject to the seigneurial jurisdiction of the lord of the manor, which sometimes extends even to criminal cases, if the lord is invested with the jus gladü (as it is called). There are three county courts in civil cases, according to the importance of the subject in question; consisting either of a judge with a jury, or of the vicc-officer of the county with a judge and jury, or of the supreme tribunal of the county (sedes judiciaria, Sedria), which also revises the decisions of the two other courts and of the seigneurial courts, and has the sole jurisdiction in all criminal cases in the counties. In certain civil processes, designated by law, four district tables (tabula) in Hungary, and one in Croatia, exercise original jurisdiction. courts of appellate jurisdiction are the royal table (which, however, in several cases, has original jurisdiction) and the table of the seven (both in Pesth). They are both comprised under the name of curia regia, the sentences of which have the force of law, in case there is no positive law. The Catholic clergy in Hungary are powerful, by reason of their large landed property, and the influence which they possess over all offices. 10,000 clergymen, with 3 archbishops and 20 diocesan bishops (among whom are 4 Greek Catholics), watch over the Catholic flock. The Protestants have a primitive form of government. Laymen and clergymen united (presbyteri) manage the affairs of the different congregations, under the direction of superintendents. The adherents of the Augsburg confession have also a general superintendent. There are seven bishops and one metropolitan of the non-united Greeks. The education and instruction of the Catholic youth are mostly in the hands of the clergy. There are five academies for higher studies; a lyceum at Erlau, and a university at Pesth with a library of 70,000 volumes, an observatory, &c. Protestants are admitted into these establishments, and the instruction is gratuitous.

The

The Protestants have many gymnasia; the non-united Greeks have two. The Hungarian contingent to the Austrian army consists of twelve regiments of infantry and ten of cavalry; in all, 64,000 men; to which, in cases of emergency, is added the Insurrection, which, in 1808, amounted to 40,000 men. The annual revenue from the domains, the regalia and taxes, amounts to from 30 to 40,000,000 guilders. The expenditure is small. The peasants pay the county officers; they also supply the provisions for the army, at a price fixed in 1751, which is much below the market value. In the free cities and privileged districts, the officers are also paid by the communes. Most of the public institutions have considerable funds; and the Protestants are obliged to defray the expenses of their worship. There is no public debt. See doctor J. A. Fessler's History of Hungary, in German, 10 vols. (Leipsic, 1815 et seq.), and History of the Magyars, by count Mailath, 3 vols. (Vienna, 1828); Beudant's Mineralogical and Geognostical Travels in Hungary, in the Year 1818, 4 vols. (1822); Bright's Travels in Hungary (1814).

Hungarian Literature has received but little attention from foreign scholars, but has been treated by Hungarian writers, in the Hungarian language, by Spangár (1738), Bod (1766), Sándor, Budai, Papai, Tóth, Jankowich, and others; in Latin, by Czwittinger (1711), Rotarides (1745), Bel, Schier, Haner, Schmeitzei, Weszprémi, Pray, Wallaszky, Simonchich, Belnai, Tibold, &c.; in German, by Windisch, Seivert, Kovachich, Engel, Fessler, Miller, Schwartner, Schedius, Lübeck, Rösler, &c. The character of this singular people, their peculiar views of life and the world, are strikingly displayed in their literature, which also bears traces of the constant struggle which they have had to carry on ever since their first entrance into Europe. Nor is it deficient in qualities which render it important in a scientific light. The language suggests many unexpected views in regard to the philosophy of language in general; the poetry, particularly the lyric, excels in beauty, and works are not wanting in the department of natural history, Roman and Grecian antiquity, philology, history in general, the laws of nations, and other subjects. The Hungarians, impelled partly by the spirit of adventure which characterized the middle ages, and partly by the demands of assistance from foreign princes, emigrated from Asia, and spread over the disconnected provinces of Eastern Europe, until they

reached a country with a settled constitution and a consolidated government (Germany, under Henry I and Otho I), which set bounds to their warlike incursions (in 955). From this period, the attention of the people, previously occupied with external subjects, began to be turned inward upon itself. The civilization of the Magyars commenced, and advanced so rapidly that, in less than fifty years, the domestic and foreign security of the kingdom was established, industry awakened, milder manners introduced, and the nation prepared for the reception of Christianity; but, instead of being contented with this gradual progress, and awaiting the natural developement of the national character, Stephen I and most of his successors imprudently endeavored to hasten the progress. The discontents caused by this policy were increased by the frequent admission of foreigners into the clerical and noble orders, by the exaltation of the clergy to the highest rank in the kingdom, by the preference given to the Latin over the national language, not only in the church, but in judicial proceedings, legal documents and forms. These circumstances gave rise to an opposition, which, though checked, in some degree, by the prudent measures of the princes of the house of Anjou, in the 14th century, was afterwards continually renewed. The Latin language predominated in this country, as it did at that time in every country which had reached any degree of civiliza tion; but in Hungary it has, from obvious causes, continued prevalent to the present day, while in other nations it is employed only as an instrument of learning. The use of a dead language in common life, as well as on all scientific subjects, could neither be advantageous to the language itself, to the general improvement of the people, nor to the national literature. Notwithstanding these disadvantages, some buds of literature from time to time unfolded themselves, and native genius, though chained, would sometimes attain distinction; yet how much greater would have been the results, if the spirit of the nation had been permitted a free developement of its peculiarities, under the influence of national manners! As early as the 11th century, several monastic and episcopal schools were founded, and the students were numerous. In the 12th century, many young men, particularly those destined for the church, were sent to Paris, where the university had just been erected. In the beginning of the 13th century, the first studium generale was estab

lished at Wessprim, a university modelled after that of Paris: it was much frequented. This studium generale was afterwards revived, and at a later period one was established at Buda. In 1473, the printing press was brought into Hungary. In the 16th century, the number of schools was much increased, particularly among the Protestants; and the situation of the country would have been very different, had not the Protestants been persecuted by the Catholics, and had not Hungary fallen under the sway of the Hapsburgs, and thus become merely a part of a great empire, to whose true interests little attention was paid. We cannot refrain from expressing a wish, that one consequence of the present commotions in Europe may be the establishment of an independent government in Hungary, whose natural advantages are at present paralyzed by a government unable to provide for the general welfare of the heterogeneous mass under its rule. Hungary can boast of many distinguished writers in the Latin language, at this early period but this exotic literature had so little influence on the nation at large, that, though it had attained a high degree of excellence in the time of Matthias Corvinus, yet many of the higher officers of the kingdom could neither write nor read, in the reign of his successor, Ladislaus II (1491). In the 11th century, with the introduction of Christianity in Hungary, the Latin language acquired the ascendency in the church, in schools and public affairs; yet the Hungarian was used in commerce, in the camp, and even the resolutions of the diet were first drawn up in Hungarian. When the missionaries addressed the people in Latin, an interpreter was usually present; and there are several relics of poetry, sacred eloquence and state papers, extant in Hungarian. A new impulse was given to this language, on the accession of the house of Anjou to the throne of Hungary. The Latin was indeed still the language of church and state; but the Hungarian became the language of the court. Documents were drawn up in Hungarian, and the Hungarian oath, in the corpus juris Hung., dates from this time. The holy Scriptures were translated into Hungarian; in the imperial library of Vienna, there is a MS. translation, of 1382; and, in spite of the violent opposition of the inquisitores heretica pravitatis, several translations were published. In 1465, Janus Pannonius wrote a Hungarian grammar, which is lost. The 16th century was favorable to Hungarian literature, through the religious disputes in the coun

try, the sacred, martial and popular songs, as well as by the histories written and published for the people, and the multiplied translations of the Bible. It then reached a degree of perfection which it retained until the latter part of the 18th century. A large number of grammars and dictionaries were printed from the 16th century to the 18th. But the hopes of the further developement of Hungarian literature were not realized; a Latin period again succeeded, from 1700 to 1780, during which time numerous and finished works were composed in Latin by Hungarian writers. In 1721, a Latin newspaper was established, and the state calendar, which commenced in 1726, was, and continues to be, in Latin. In 1781, the first Hungarian newspaper was printed in Presburg. At present there are two, one in Vienna, the other in Pesth. When Joseph II died, many violent yet bloodless changes were made in the Hungarian constitution, and several laws were passed in favor of the Hungarian language. It was required to be used in all public proceedings. Courses of lectures were delivered in Hungarian in some of the schools, and it was taught in all of them. Several periodicals were established, Hungarian theatres erected in Buda and Pesth, many works were written on the grammar of the language, &c.; but these measures were gradually pursued with less zeal. (See Bowring? Specimens of the Poetry of the Magyars.)

Hungarian Language. The language of the Magyars, as spoken and written at present in Hungary, is a phenomenon in philology well worthy of study, and the knowledge of it unlocks rich stores for the philosophical historian and philologist As the Magyars belonged to the great tribe, which was spread from the southwestern part of Asia on the Caspian sea, to the north-eastern extremity of Europe, to Finland, of whose branches transplanted to Europe (as the Uzi, Polovtzes, Avars, Chazars, Petschenegues, &c.), only one has taken deep root; so the Magyarian language is derived from the language which is common to that great tribe, and which comprises the Semitic and Finnish tongues. This view as Niclas Révai has shown, settles the long dispute among the learned, whether the Hungarian language is allied to the Lapland and Finland language, as some maintain (Rudbeck, Eccard, Ihre, Hell, Sajnovits, Gatterer, Schlozer, Büsching, Hagen, and particularly Gyarmathi), or to the Oriental languages, as others assert (Otroktósi, Ertel, Kalmár, Versegi, and chiefly Beregszásgi)