and solidity. These officers were at first called commissaries of the king, afterwards, of the government. Under the imperial government, particularly by the decrees of April 20 and July 6, 1810, the institution was put nearly on its old footing, and has remained so ever since. Attached to every court of appeal (cour royale) is a procureur général; under him is an avocat général for the civil department of the court, and also one for that branch of the court which has appellate jurisdiction of cases tried before the police correctionnelle, which has cognizance of all minor offences, simple thefts, trespasses, and, lately, offences of the press. There are likewise two substitutes or deputies to supply the place of thece officers. All these stand immediately under the minister of justice, receive commands from him, and give regular information of the administration of justice within their precincts. It is incumbent on them to send to the minister of justice, semi-annually, a list of processes, especially of delayed causes, that is, such as have been waiting for oral discussion longer than three months. Under them are the procureurs criminels in the courts of assize, and the procureurs du roi in the courts of the first instance (the provincial or district courts), and all the officers of the judicial police, so called, viz. the commissioners of police, the mayors of cities, justices of the peace, officers of the gendarmerie, field and forest rangers and their deputies. The sale of offices is abolished; all the crown advocates are appointed by the king, but not for life, like the judges; on the contrary, they are removable at pleasure. Their former official duties are lessened only in so far as the province of the courts has become more confined. The state advocates still take care that the laws are correctly administered, and act as representatives of the public interests. They are the organs of the executive department of government in the courts, and are required to attend to the execution of judgments in which the state is interested. As a part of their general duty of enforcing the strict observance of the laws in the courts, it is also incumbent on them to oppose those judgments in which the parties acquiesce, but which contain any contravention or erroneous exposition of the laws, lest the public should be thereby injured. These decisions, indeed, are binding on the parties, but a more strict adherence to the laws is enjoined on the courts for the future. One of the most important duties of the state advocates is, the institution

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of the trials for offences before the police courts and the courts of assize, which they are bound to attend to in their capacity of public prosecutors. All reports of crimes committed are to be made to the procureur criminel, and by him to that member of the district court, who is appointed to conduct the preliminary examinations, the juge d'instruction. The procureur criminel searches out the evidence, summons the witnesses, and, when the preliminary examination is concluded, makes the necessary motions in court, either for the acquittal of the accused, or for the institution of further proceedings, varying, of course, according to the nature of the offence, which may be a matter cognizable by the ordinary police magistrates, or falling within the jurisdiction of the police correctionnelle, or belonging to the courts of assize as a crime in the strict sense of the word. In all these cases, an oral discussion takes place, but only criminal causes, technically so called, before the courts of assize, are tried by a jury. The jurisdiction of the police correctionnelle is limited to offences, the punishment of which does not exceed 5 years' imprisonment. At the opening of criminal causes, the procureur général is required to ask of the court, in the first instance, a formal bill of complaint (mise en accusation), which formerly was found by the jury d'accusation (corresponding to the English grand jury), but now originates from a branch of the court of appeals, and is very similar to the report of a special inquisition in the German courts. After this, the procureur général draws up the indictment, which serves as a basis for the subsequent proceedings, summons the witnesses, and assists in empannelling the jury, as he has, like the accused, a right of challenging. He sees that the proceedings are rightly conducted, and is allowed to propose questions to the witnesses. After the examination of the witnesses is concluded, he makes the motions for condemnation (conclusions), grounded on the evidence produced in the course of the trial, and subsequently the accused is heard in his own defence. The court may decree a severer punishment than is moved for by the officers of government; and, on the other hand, the state advocate has the right to appeal from too mild a sentence (appel a minima), though he is bound to acquiesce in an acquittal by the jury. Finally, the crown advocates attend also to the execution of the sentence, and thus every thing is committed to them which may

be considered as flowing from the executive department of government. In regard to the great excellence of this whole institution, there prevails but one voice among the French lawyers and statesmen. It allows the judges to lay aside all considerations except those of strict justice, as it relieves them from the duty of taking care of the interests of the government. By means of the subordination in which the state procureurs in the courts of the districts (arrondissements) and the procureurs criminels stand to the office of state advocate in the courts of appeals, and the procureurs généraux in the last to the minister of justice, that unity of influence is maintained, which the government should exercise over the courts and the administration of justice. When every thing goes on properly, this influence will not be allowed to overstep its natural and beneficial limits, and to interrupt or disturb the right of the judges to decide according to law. It cannot, indeed, be denied, that the great power confided to the state advocates is liable to abuse. This is not the place to pronounce judgment on the complaints which have been brought against the procureurs généraux, e. g. on the occasion of the criminal trial of the merchant Fonk at Cologne; but the existence of these complaints proves what it is in the power of a state advocate to do, if he chooses to misuse his power for purposes of oppression and the gratification of selfish passions. In France, of late, the state advocates are charged with being influenced too much by political differences of opinion. Some of them, in particular, have drawn upon themselves thereby very severe animadversions. It is said that, in the trials of general Berton, of Caron and Roger, at Colmar, and others, on account of political offences, they sought to implicate persons against whom nothing could be proved but a justifiable opposition to the ministry, in accordance with the charter and the nature of a representative government. It is well known how severely Benjamin Constant expressed himself on this point, with regard to the procureur général of Saumur. Certainly the dependence of the crown advocates on the government has a tendency to give a certain bias to their official conduct. But this bias is not very pernicious, because it is a notorious and natural consequence of their official situation, and the judge is required, as well as empowered, to resist it.-England has also her superior state advocates, the attorney general and solicitor general; but, in con

formity with the English judiciary system, their sphere of action is much more limited, and is not to be compared with that of the French ministère public. In criminal causes, the prosecution is conducted, indeed, in the name and by the advocates of the crown; but a great deal depends on the injured party, and the police magistrates, that is, the justices of the peace. The former have it in their power, by avoiding to appear at the trial (although liable to punishment for so doing), to defeat the whole proceeding; and, in every session of the courts, a large number of accused persons are set free, because, after a public summons or proclamation in court, no person appears against them. In Scotland, the king's advocate, or lord advocate, is an officer of great power and dignity, and is empowered to commence prosecutions without complaint presented by an injured party.— So, in other countries, there exist officers under the names of fiscal, advocatus fisci, advocatus patriæ, &c. But these have not the authority which is indispensable to render their offices as efficient as that of the French advocate.-Frederic II of Prussia had the office of the French advocate in mind when he conferred greater powers on the office of fiscal, and appointed a superior fiscal in each of the superior courts, to whom the provincial fiscals in the inferior courts were subordinate; at the head of these stood the fiscal general at Berlin. But the institution was deficient in strength. It has not acquired the efficiency of the French ministère public, and appears to have fallen almost entirely into disuse.-But, even in France, it is capable of an important, and, we may well say, a necessary extension of authority, if the constitutional responsibility of the higher offices of state is ever to be seriously insisted on. It is necessary, and this remark may be applied to all representative governments, that the state advocate should be required to watch over the execution of the laws in the highest offices of government; and therefore a superior state advocate should be appointed, to whom (as to the Prussian fiscal-general) the ministers should be required to render an account of their administration, and who, when any violation of the law came to his knowledge, should be bound to make a report thereof to the representatives of the people. There should be a still further extension of the institution, by placing in subordination to the crown advocate, who receives the orders of the ministry, a state

or national advocate (in a narrow sense), who should be considered as the officer of the people, and should be obliged to come forward whenever the interest of the treasury came into collision with that of wards, absentees, and the like. Then this institution would answer the high purposes for which it was designed. (See Das Institut der Staatsanwaltschaft, by Müller, counsellor of state, Leipsic, 1825.)-In the United States, the attorney general is an officer under the federal constitution, corresponding substantially to the English law officer of that name. His duty, as defined by the law of congress, is, to prosecute and conduct all suits in the supreme court of the union, in which the United States shall be concerned, and to give his advice and opinion upon questions of law, when required by the president of the United States, or when requested by the officers at the head of any of the departments, touching any matters that may concern their departments. He is also required to examine all letters patent for useful inventions, and to certify to the secretary of state whether they are conformable to the law on that subject, previously to the public seal being affixed to them. The attorney general of the United States is also a member of the president's cabinet council. In addition to this law officer, the government of the United States has in each of the states (which, in judicial proceedings, are styled districts) a district attorney, as he is called, whose duty it is, within his particular state, to prosecute, on behalf of the United States, all delinquents for crimes and offences cognizable under the authority of the United States' laws, and all civil actions in which the United States shall be concerned, except those which come before the supreme court, in the district in which that court shall be holden. Besides these law officers of the general government of the United States, each of the states of the union has its attorney general and subordinate public prosecutors, or attorneys, for its territorial subdivisions or districts; and their duties are, to prosecute and defend in all causes, criminal and civil, arising under the local laws of their respective states, and in which their own state is concerned.

ADVOCATES. This profession has played a conspicuous part in almost every civilized country. Among the Romans, the greatest statesmen and orators belonged to this class, devoting themselves especially to the defence of criminal causes of importance. Those of less consequence 7

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and of a civil character were committed to procurators. The advocates of England and France are often men of high rank, enjoying an ample income and the prospect of attaining to the highest dignities of the state. Men of the best talents, therefore, are found in their ranks. In Germany and some of the other countries of Europe, the advocates occupy a comparatively subordinate station in the courts. The profession is there considered only as a preparatory step to public employments, and these frequently of an humble description. This is the cause of the inferiority of the German lawyers in general to those of England and France; and the whole administration of justice there suffers from the same cause. There are exceptions, however, in some of the German states, particularly in Prussia. In the French revolution, the lawyers acted the most important part in public affairs. Advocati ecclesiarum, superintendents of the property of the church, divided, according to their several offices, into defensores, causidici, actores, pastores laici, &c., were first appointed under the consulship of Stilico. pope, at the same time, issued orders, that the bishops, abbots and churches should have good advocates. These offices were first intrusted to canons, but afterwards were held even by monarchs; e. g. the German emperor, the king of France, &c. became advocati of the Roman church. The advocates set over single churches administered justice in secular affairs in the name of the bishops and the abbots, and had jurisdiction over their whole dioceses. In case of necessity, they defended the property of the clergy by force of arms. In the courts of justice, they pleaded the causes of the churches with which they were connected. They superintended the collection of the tithes and the other revenues of the church, and enjoyed, on the part of the convents, many benefices and considerable revenues. After a time, these advocates and their assistants becoming a burden to the clergy and the people under their charge, who began to suffer severely from their avarice, the churches attempted to get rid of them. Urban III labored to deliver the church from these oppressors, but was astonished to find, A. D. 1186, the German prelates, in connexion with the emperor Frederic I, opposed to it. Under the emperor Frederic II, most of the German churches succeeded, however, in abolishing these offices by the grant of large sums of money

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and of various immunities. In the U. States, the profession of the law possesses an extensive influence upon society. It embraces, as it does in England, various classes of lawyers, such as proctors, conveyancers, solicitors, attorneys, and lastly, and above all, counsellors, or advocates. In the U. States, the different branches of the profession are often carried on by the same person, though this practice is not universal, especially in large cities. The higher ranks of lawyers in the U. States enjoy great public and private confidence. Many of them are selected for the first public employments in the state, e. g. for the presidency, for the office of senators and representatives in the national and state legislatures, for governors, for secretaries of the great departments, and for foreign embassies. From this class of men are also taken, almost as a matter of course, the judges of the various courts in the union. The constitutions and laws of the several states entitle every person, in civil as well as criminal cases, to the assistance of counsel, and generally two are admitted on each side. All trials are public, and forensic eloquence is eagerly heard. The profession of the law is very numerous in the U. States, on account both of its emoluments, and its free access to public favor and patronage. There is no difficulty in gaining admission to the courts, as an advocate, after three or four years of preparatory studies; and, after admission, success is generally in proportion to talents and industry, and devotion to juridical studies. Of the seven presidents of the U. States, six were bred to the law. ADVOCATE'S LIBRARY. In 1660, the faculty of advocates in Edinburgh found ed a library upon an extensive plan, suggested by sir George M'Kenzie, of Rosehaugh, advocate to Charles II and James II, who enriched it with many valuable books. It has been daily increasing since that time. It contains, besides law-books, works on all subjects, many original manuscripts, and a great variety of coins and medals.

ADVOWSON (from advoco); in English law, a right of presentation to a vacant benefice, or, in other words, a right of nominating a person to officiate in a vacant church. The name is derived from advocatio, because the right was first obtained by such as were founders, benefactors, or strenuous defenders (advocates) of the church. Those who have this right are styled patrons. Advowsons are of three kinds-presentative, collative and donative; presentative, when the patron

presents his clerk to the bishop of the diocese to be instituted; collative, when the bishop is the patron, and institutes or collates his clerk by a single act; donative, when a church is founded by the king, and assigned to the patron without being subject to the ordinary, so that the patron confers the benefice on his clerk without presentation, institution or induction.

ADY; the palm-tree of the island of St. Thomas. Its juice supplies the place of wine among the Indians. The fruit, called abanga, is of the shape and size of a lemon, and is eaten roasted. An oil, prepared from this fruit, answers the purpose of butter.

ADYTUM (from a, not, and due, to enter); the most retired and sacred place in the ancient temples, into which priests only were allowed to enter. It corresponded to the Jewish holy of holies (sanctum sanctorum).

EACUS; son of Jupiter and the nymph Ægina, daughter of the river god Asopus. He acquired the government of the island called after his mother, and became, by his uprightness, a favorite with the gods. In compliance with his prayers, his father peopled anew the island, which had been depopulated by the plague. The new inhabitants sprung from ants, and were termed, on that account, Myrmidons. Greece, too, was delivered, at his entreaty, from a great drought and famine. The name of his wife was Endeis, and Peleus and Telamon were his children. E., on account of his love of justice, was joined with Minos and Rhadamanthus in the office of judging the dead. His particular duty was the distribution of rewards and punishments. He is represented as seated upon a tribunal, bearing a crown and sceptre; as a distinguishing mark, he carries the key of the infernal world, given to him by Pluto.

ÆDILES; Roman magistrates of secondary rank, who had the supervision of public spectacles and public edifices, and decided questions relating to the erection of buildings, and to the police of the market. At first, there were but two, chosen from the common people (adiles plebeii). At the end of the 4th century from the foundation of Rome, two more were added from among the patricians, to whom an ivory chair (sella curulis) was allowed, and who were thence called adiles curules. Julius Cæsar added the third class (adiles Cereales), to whose care the public granaries were intrusted.

ÆGEON; in ancient mythology, a huge giant, the son of Titan and Terra, who was fabled to have had 100 hands, with which he threw 100 rocks at once at Jupiter, who, when he had overcome him, bound him with 100 chains.

EGEAN SEA; the ancient name of the modern Archipelago (q. v.; see also Egeus).

EGEUS; king of Athens and father of Theseus, by Athra, daughter of Pittheus, king of Troezene. He caused him to be secretly educated at Troezene, to deceive the sons of Pallas (Pallantides), who expected to succeed him, on the supposition that he was childless. In order that he might recognise his son, he concealed a sword, and some other articles, under a stone, on his departure from Troezene, and left orders that Theseus should bring them to Athens when he had reached a certain age. As soon as this young hero became acquainted with his birth, he has tened to Athens, where he was at first repulsed, and in danger of his life; but his father finally acknowledged him, and declared him successor to his throne. Under the erroneous idea that Theseus had been devoured by the Minotaur, Æ. plunged into the sea, from which circumstance the Archipelago, between Greece and Asia, as far as the Hellespont, received the name of the Egean sea. (See Theseus.)

EGINA, NOW ENGIA, or EGINA ; a Grecian island in the Saronic gulf, about 30 miles in circumference. In ancient times, it constituted an independent state, and was rich and flourishing by reason of its commerce. The Greeks had a common temple in it, dedicated to Jupiter. The capital of this island was called also Egina.

EGINETAN STYLE AND MONUMENTS OF ART. An association of English and German artists and lovers of the arts was formed in 1811, chiefly with a view of obtaining an architectural survey of the temple of Jupiter Panhellenius, at Ægina, which is one of the most beautiful remains of the Doric architecture. A sketch of this temple may be found in the English Journal of Science, and in Isis, a periodical edited by Oken, in Germany. This undertaking was amply rewarded by a fine collection of valuable sculpture, which once adorned the eastern and western fronts of that noble edifice. It was purchased by the king of Bavaria in 1812, and the deficient parts restored by Thorwaldson. Every member of the association received a cast of

it carefully executed in plaster of Paris. These works are valuable as faithful imitations of nature, and for the light which they shed over one of the darkest periods in the history of art. They show that the Æginetan style of art was independent of the Attic. Pausanias calls Smilis the Dædalus of Ægina, assures us that he was the contemporary of Dædalus, and ascribes therefore to the Æginetan style equal antiquity and independence with the Attic. The language and manners of Ægina were Doric; and its sculpture has a Doric character, as distinct from the Attic (which was originally Ionic) as Doric poetry and architecture. The characteristic peculiarity and aim of the Æginetan style is the faithful and exact imitation of nature, carried even to deception. Attic art was a daughter of the Ægyptian, and a striving after the ideal is perceptible in both. To gain a clear idea of primitive art, we must distinguish between the Egyptian, ancient Attic, Æginetan and Etrurian styles. Rudeness, stiffness and meagerness belong to the first attempts in every art. In other respects, they differ from one another, although, at a later period, they exercise a mutual influence. The perfection of art in Phidias has hitherto appeared almost a miracle; but we now comprehend how the Æginetan school, imitating nature with almost perfect exactness, pointed out the way to the ancient Attic, teaching it to rise from the abstract to the living, from the conventional to the natural. Thus we find the long-desired link of connexion between the ancient severe and beautiful styles. Since the creations of Phidias, the traces of the proper Æginetan style have disappeared. There was subsequently, therefore, only one perfect style of art, which spread over all Greece; and Eginetan became the name for primitive sculpture. Smilis was the father and founder of the Æginetan style of art; next to him came Callon, who lived between the 60th and 70th Olympiads (540-500 B. C.) About the time of Phidias, there lived the following masters, famous in this style: Anaxagoras, who made the Jupiter which was placed in Olympia at the common expense of all the Greeks, who fought victoriously at Platæa, B. C. 379; Simon, the maker of the consecrated offering of a certain Phormis at Olympia; and Glaucias and Onatas, who flourished in the 78th Olympiad. The Æginetan figures now exhibited at Munich are 17. They may be divided into 4 classes: 1. upright,