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the letter Y, and is made of iron or any other metal. At each end of the lines which constitute the angle, or upper part of that letter, are two pallets, resembling the figure of the log; one of which falls in the same proportion as the other rises. The falling or pendant pallet, meeting a resistance from the water, as the ship moves, has thereby a circular motion under water, which is faster or slower according as the vessel moves. This motion is communicated to a dial within the ship, by a rope fastened to the tail of the Y, and carried to the dial. The motion being thus communicated to the dial, which has a bell in it, it strikes exactly the number of geometrical paces, miles, or leagues which the ship has run. Thus the ship's distance is ascertained; and the forces of tides and currents may also be discovered by this instrument; which has, however, been very little used.

MARİNELLA (Lucretia), a Venetian lady of the seventeenth century, who published, 1. The Life of the Virgin Mary; 2. The Life of St. Francis; and, 3. A curious tract in which she maintains the superiority of the female sex over the male: with several other works.

MARINGUES, a manufacturing and trading town of France, in the department of the Puy de Dome. It has a brisk trade in corn, and 3800 inhabitants; fourteen miles north-west of Thiers. MARINO (John Baptist), a celebrated Italian poet, born at Naples in 1569. His father, who was an able civilian, obliged him to study the law; at which, being disgusted, he left his parents, and retired to the house of Sieur Manzi, who was a friend to all men of genius. He at length became secretary to Matthew of Capua, great admiral of Naples, and contracted a friendship with Tasso. He went soon after to Rome, and entered into the service of cardinal Aldobrandini, nephew to pope Clement VIII., who took him with him to Savoy. Marino was in great favor with the court of Turin; but afterwards created himself many enemies there, the most furious of whom was the poet Gaspard Murtola, who, attempting to shoot him with a pistol, wounded one of the duke of Savoy's favorites. Marino, being obliged to leave Turin, went to Paris at the desire of queen Mary de Medicis, and published there his poem on Adonis. He afterwards went to Rome, where he was made prince of the academy of the humoristi; and thence to Naples, where he died while he was preparing to return home. He had a very lively imagination, but little judgment. works, which are numerous, have been often printed.

His

MARINO (St.), a.native of Dalmatia, originally brought up a mason, who flourished in the fifth century; and, having turned hermit, retired to the mountain which still bears his name. His devotion and austerity soon procured him such a high reputation for sanctity, that the Italian princess, on whose property the mountain was situated, made him a present of it; whereupon great numbers of people, out of veneration for the saint, took up their residence upon it, and thus laid the foundation of the town and republic of St. Marino. He is venerated as the greatest of the saints, next to the Virgin Mary,

and to speak disrespectfully of him is punished as blasphemy.

MARINO (St.), a small republic of Italy, said to be founded by the saint above named, and consisting only of a mountain, a town, and a few hills about the bottom of it, six miles in extent. The number of the inhabitants is about 7000. The mountain yields good wine, but they have only rain or snow water. In the whole territory there are only three castles, three convents, and five churches. The largest of the churches is dedicated to the saint, and contains his ashes and his statue. All that are capable of bearing arms are exercised. In the ordinary course of government, the administration was in the hands of the council of sixty, which, however, consisted only of forty members, one half of whom are of noble families, and the other of plebeian. On extraordinary occasions, however, the arengo, or great council, in which every house has its representative, is called together. The two principal officers are the capitaneos, who are chosen every half year; next to them is the commissary, who judges in civil and criminal matters, and is joined in commission with the capitaneos. When an ambassador is sent to any foreign state, he is allowed about 1s. a day. In the year 1100 the republic purchased the castle of Pennarosta, and in 1170 that of Casalo. About 1460 it assisted pope Pius II. against Malatesta lord of Rimini; in return for which he made over to it the forts of Serravale, Faetano, Mont Giardino, and Florentino. During all the late various revolutions of Italy this republic preserved its liberty and a nominal independence; upon the peace, in 1802, the citizens new-modelled their constitution, by adding one-fourth to the number of the little council, and increasing that of the great council to 300. It acknowledges the pope as its protector.

MARINUS, an engraver who flourished about 1630, and resided principally at Antwerp. His plates are executed in a very singular style, with the graver only the strokes are very fine and delicate, and crossed over each other in a lozengelike form, which he filled up with thin long dots. His prints, though generally very neat, are defective in the determination of the folds of the draperies and the outline of the human figure; the extremities of which are heavy, and not marked with precision. Fine impressions from his best plates are, however, much sought after by collectors; those especially after Rubens and Joardens are held in very high estimation.

MARION AND Crozet's Islands, four islands in the Indian Ocean, discovered by Marion and Crozet, French navigators in 1772, by whom they were called Cavern Island (situated in long. 32° 11′ E., lat. 46° 45′ S.), Bold Island, Possession Island, and Arid Island. They were afterwards seen by captain Cook in 1776. MARJORAM, n. s. Lat. marjorana; Fr. marjolaine. A fragrant plant. The nymphs of the mountains would be drawn, upon their heads garlands of honeysuckles, woodbine, and sweet marjoram.

Peacham.

MARJORAM, in botany. See ORIGANUM. MARIQUITA, a city of South America, in New Granada, formerly celebrated for its mines

of gold and silver, These, however, having been
long abandoned, its population is much reduced.
It has a good parish church, and several other
edifices. Eighty miles south of Santa Fe.
MAR'ISH, n.s. Fr. marais; Sax. meprc;
Belg. maersche; Teut. march. A bog; fen;
swamp; morass; moor. See MARSH.
When they had avenged the blood of their brother,
they turned again to the marish of Jordan.

1 Mac. ix. 42.
The fen and quagmire so marish by kind,
Are to be drained.
Tusser's Husbandry.
His limbs he coucheth in the cooler shades;
Oft, when heaven's burning eye the fields invades,
To marishes resorts.
Sandys's Paraphrase.
Lodronius, carried away with the breaking in of
the horsemen, was driven into a marish; where, being
sore wounded, and fast in the mud, he had done the
Knolles.

uttermost.

From the other hill

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The flight was made towards Dalkeith; which way, by reason of the marish, the English horse were least able to pursue. Hayward. MARITAGIUM, in the feudal customs, as contradistinguished from matrimonium, signifies the power which the lord or guardian in chivalry had of disposing of his infant ward in matrimony. For, while the infant was in ward, the guardian had the power of tendering him or her a suitable match without disparagement or inequality; which, if the infants refused, they forfeited the value of the marriage, valorem maritagii, to their guardian; that is, so much as a jury would assess, or any one would bona fide give to the guardian for such an alliance: and if

the infants married themselves without the guar

dian's consent, they forfeited double the value, duplicem valorem maritagii.

MAR'ITAL, adj. Lat. maritus. Of, or pertaining to, a husband.

If any one retains a wife that has been taken in the act of adultery, he incurs the guilt of the crime of bawdry. But because repentance does consist in the mind, and since Christian charity, as well as marital affection, easily induces a belief thereof, this law is not observed. Ayliffe.

It has been determined, by some unpolite professors of the law, that a husband may exercise his marital authority so far, as to give his wife moderate

correction.

Art of Tormenting. MARITIMAL, adj. Lat. maritimus; Fr. MARITIME, adj. maritime. Performed on, or pertaining to, the sea; bordering on the sea; marine.

I discoursed of a maritimal voyage, and the passages and incidents therein. Raleigh's Essays. The friend, the shores maritimal

Sought for his be, and found a place upon which played

The murmuring billows.

Chapman's Iliad. At the parliament at Oxford his youth, and want of experience in maritime service, had somewhat been shrewdly touched.

Wotton.

Ercoco, and the less maritime kings
Monbaza and Quiloa.

Milton.

pa

Neptune upbraided them with their stupidity and ig norance, that a maritime town should neglect the tronage of him who was the god of the seas.Addison. MARITIME LAW. Under the article Law we have briefly enumerated the courts maritime, and the general nature of the injuries cognizable therein. It remains for us in this place to present the reader with a summary of the legal provisions which relate to foreign trade; the registry of ships; their hire and mortgage; the liabilities of the master; the mutual obligations of the several owners of ships and cargo; and the lien of creditors upon the ship, and other remedies. SECT. I.-OF THE LAWS RELATING TO FOREIGN TRADE.

The objects or policy of the navigation acts of Great Britain are stated to be the following: first, to secure to our own shipping the carrying trade. Secondly, to confine our trade to the capital of our own merchants, by excluding foreigners from being intermediate negotiators, except those who are the subjects of the countries of which the articles are the produce or manufacture. Thirdly, to encourage our own manufactures by checking the introduction into the same market of foreign articles.

These objects are in a very considerable degree attained by enforcing the employment of British shipping under the regulations prescribed by the several navigation acts.

built ship' is legally defined to be such as has It may be necessary to state that a Britishbeen built in Great Britain or Ireland, Guernsey, Jersey, or the Isle of Man, or in some of the colonies, plantations, islands, or territories, in Asia, Africa, or America, which, at the time of building the ship, belonged to, or were in the possession of, the crown of England; or any ship whatsoever which has been taken and condemned tured by an enemy, and afterwards purchased by as lawful prize. But a British built vessel, capsel, though ships actually re-captured may be so a subject, cannot be registered as a British vesregistered.

By the 6 Geo. IV., c. 109, no goods are to be exported from the United Kingdom to any British possession in Asia, Africa, or America, except in British ships.

It is also required, by the same statute, that British registered ships must be navigated, during the whole voyage, by a British master, and three-fourths of the crew are also to be British seamen. On a coasting voyage, or in passing between Guernsey, Jersey, Sark, Alderney, or Man, the whole of the crew must be British. A penalty of £10 is inflicted for each foreign seaman beyond the proportion.

any

Goods cannot be imported into British settlement in Asia, Africa, or America, in any foreign ship, unless it belong to the country where the goods were produced.

Amongst other regulations, in the maritime law, it may not be immaterial to mention the following, which relates to the carrying of pas sengers between Great Britain and Ireland.

According to the provisions of the 4 Geo. IV., c. 88, merchant-vessels of not more than 100

tons burthen are not to carry more than ten pas sengers. Those of not more than 200 tons are limited to twenty passengers. The penalty for each person beyond these numbers is £5. Vessels are licensed by the collector of the customs from the port of sailing in the following proportions: five adult persons, or ten children under fourteen years, or fifteen children under seven, for every four tons burden. If the vessel be partly laden, the same proportion takes place for every four tons unladen. The penalty for carrying more than twenty, without license, is £50; and, if licensed, £5 for each person beyond the above proportion.

SECT. II.—OF THE LAWS RELATING TO SHIPS. 1. Of their registry.-The 6 Geo. IV., c. 110, provides for the registry of vessels with the collector and comptroller of the customs, without which the ship is not entitled to the privileges of British shipping under the act for its encouragement, and vessels are liable to forfeiture which exercise the rights of registered ships before they are duly registered. The name of the vessel must be painted on the stern under a penalty of £10, and no change can take place in the name without a new register. A document called the ship's register,' or certificate of registry, is granted by the customhouse, which, whilst the vessel continues to belong to the original owner, is the best evidence of title. When a transfer takes place, the vender executes a bill of sale,' which must be registered at the custom-house, and the transfer indorsed on the ship's register, within a certain time, when in port or after her arrival.

As often as the master of a ship is changed a memorandum must be indorsed on the certificate of registry.

If the certificate be lost or mislaid, or if a ship be altered in form or burden, or from one denomination of vessel to another, by rigging or fitting, it must be registered de novo, and a new certificate obtained. The masters of ships must produce the certificate of registry, on demand, to the principal officer in any port within the king's dominions, or to the British consul, or chief officer, in any foreign port. For refusal they are liable to a penalty of £100.

2. Of letting and hiring the ship.-This is effected by a contract, termed a charter party, between the master and freighters, in which the ship and voyage is described, and the time and conditions of performing it are ascertained. The freight is most frequently determined for the whole voyage, without respect to time. Sometimes it depends on the time. In the former case it is either fixed at a certain sum for the whole cargo; or so much per ton, barrel bulk, or other weight or measure, or so much per cent. on the value of the cargo. The invoices are produced to ascertain the value. The burden of the ship is generally mentioned in the contract, in this manner, 100 tons or thereabouts; and the number mentioned ought not to differ above five tons, at most, from the exact measure. If a certain sum be agreed on, for the freight of the ship, it must all be paid, although the ship, when measured, should prove less, unless the burden be warVOL XIII.

ranted. If the ship be freighted for transporting cattle, at so much a head, and some of them die on the passage, freight is only due for such as are delivered alive; but, if for lading them, it is due for all that were put on board. When a whole ship is freighted, if the master suffers any other goods besides those of the freighter to be put on board he is liable for damages. It is common to mention the number of days that the ship shall continue at each port to load or unload. The expression used is work weather days; to signify that Sundays, holydays, and days when the weather stops the work, are not reckoned. If the ship be detained longer a daily allowance is often agreed on in name of demurrage. If the voyage be completed in the terms of the agreement, without any misfortune, the master has a right to demand payment of the freight before he delivers the goods. But, if the safe delivery be prevented by any fault or accident, the parties are liable according to the following rules. If the merchant do not load the ship within the time agreed on the master may engage with another and recover damages. If the merchant load the ship, and recal it after it has set sail, he must pay the whole freight; but if he unload it before it sets sail he is liable for damages only. If a merchant loads goods which it is not lawful to export, and the ship be prevented from proceeding on that account, he must pay the freight notwithstanding. If the ship-master be not ready to proceed on the voyage at the time agreed on, the merchant may load the whole, or part of the cargo, on board another ship, and recover damages. If an embargo be laid on the ship before it sails, the charter party is dissolved, and the merchant pays the expense of loading and unloading; but, if the embargo be only for a short limited time, the voyage shall be performed when it expires, and neither party is liable for damages. If the shipmaster sails to any other port than that agreed on, without necessity, he is liable for damages; if through necessity, he must sail to the port agreed on at his own expense. If a ship be taken by the enemy, and retaken or ransomed, the charterparty continues in force. If the master transfer the goods from his own ship to another, without necessity, and they perish, he is liable for their value; but, if his own ship be in imminent danger, the goods may be put on board another ship at the risk of the owner. If a ship be freighted out and home, and a sum agreed on for the whole voyage, nothing is due till it return; and the whole is lost if the ship be lost on the return. If a certain sum be specified for the homeward voyage, it is due, although the factor abroad should have no goods to send home.

3. Of pledging or hypothecating the ship.—The master of the ship has power to pledge or hypothecate the ship, and also the goods, or either of them, in case the vessel springs a leak at sea, or is in danger from any other cause of being lost. But his authority extends only to instances in which the safety of the ship and the due prosecution of the voyage is concerned. Consequently the master cannot incumber either the ship or goods for his own debt. He is at liberty con

20

sistently with this principle to pledge the ship for necessary repairs during a voyage; and this mortgage or hypothecation is implied by the maritime law, when such debts are contracted. This regulation is necessary, and is therefore adopted by all commercial nations; for, otherwise, the master might not find credit for necessary repairs, and the ship might be lost. If repairs be made at different places, the last which are made are preferable. The relief against the ship is competent, to the court of admiralty in England, only when repairs are furnished during the course of a voyage, for the necessity of the case extends no further.

SECT. III.-OF THE LIABILITIES OF THE
MASTER.

The master is liable, 1st. for damages or loss sustained by the non-performance of the charter party; 2dly, for the debts he incurs on behalf of the ship, but which, as already stated, he has power to secure by its hypothecation.

In the case of a ship freighted to Madeira, Carolina, and home, a particular freight was fixed for the homeward voyage, and an option reserved for the factor at Carolina to decline it, unless the ship arrived before the 1st of March. The shipmaster foreseeing he could not arrive there within that time, and might be disappointed of a freight, did not go thither at all. He was found liable in damages, as the obligation was absolute on his part, and conditional only on the other. If the goods be damaged, without fault of the ship or master, the owner is not obliged to receive them and pay freight, but he must either receive the whole, or abandon the whole, he cannot choose those that are in best order, and reject the others. If the goods be damaged through the insufficiency of the ship, the master is liable; but, if it be owing to stress of weather, he is not accountable. It is customary for ship masters, when they suspect damage, to take a protest against wind and weather at their arrival. But, as this is the declaration of a party, it does not bear credit unless supported by collateral circumstances. If part of the goods be thrown overboard, or taken by the enemy, the part delivered pays freight. The shipmaster is accountable for all the goods received on board by himself or mariners, unless they perish by the act of God, or of the king's enemies. Shipmasters are not liable for leakage on liquors; nor accountable for the contents of packages, unless packed and delivered in their presence. Upon a principle of equity, that the laborer is worthy of his hire, differences arising with regard to freight, when th case is doubtful, ought rather to be determined in favor of the shipmasters.

SECT. IV.—OF THE MUTUAL OBLIGATIONS OF

THE OWNERS OF SHIP AND CARGO. There is a mutual obligation which subsists between the owners of a ship and cargo. In time of danger, it is often necessary to incur a certain loss of part for the greater security of the rest; to cut a cable; to lighten the ship, by throwing part of the goods overboard; to run it ashore, or the like; and, as it is unreasonable that the owners of what is exposed for the common

safety should bear the whole loss, it is defrayed by an equal contribution among the proprietors of the ship, cargo, and freight. This is the famous lex Rhodia de jactu, and is now called a general average. The custom of valuing goods which contribute to a general average is not uniform in all places. They are generally valued at the price they yield at the port of destination, charges deducted; and goods thrown overboard are valued at the price they would have yielded there. Sailors' wages, clothes, and money belonging to passengers, and goods belonging to the king, pay no general average; but proprietors of gold and silver, in case of goods being thrown overboard, contribute to the full extent of their interest. The following particulars are charged as general average: Damage sustained in an engagement with the enemy; attendance on the wounded, and rewards given for service in time of danger, or gratuities to the widows or children of the slain; ransom, goods given to the enemy in the nature of ransom; charges of bringing the ship to a place of safety when in danger from the enemy, or waiting for convoy; charges of quarantine; goods thrown overboard; masts or rigging cut; holes cut in the ship to clear it of water; pilotage when a leak is sprung; damage when voluntarily run aground, and expense of bringing it afloat; goods lost by being put in a lighter; the long boat lost in lightening the ship in time of danger; hire of cables and anchors; charges of laying in ballast, victualling, and guarding the ship when detained; charges at law in reclaiming the ship and cargo: interest and commission on all these disbursements, Though goods put on board a lighter, and lost, are charged as a general average; yet if the lighter be saved, and the ship with the rest of the goods be lost, the goods in the lighter belong to their respective proprietors without being liable to any contribution. If part of the goods be plundered by a pirate, the proprietor or shipmaster is not entitled to any contribution. The essential circumstances that constitute a general average are these: the loss must be the effect of a voluntary action, and the object of that action the common safety of the whole. SECT. V.-OF THE RIGHTS OF THE SHIP'S CRE

DITORS.

Of their lien on the ship, and their remedies against the owners.-When debts are contracted for provisions or repairs to a ship, or arise from a failure in any of the obligations stipulated in the charter party, the ship and tackle, and the owners are liable for the debt, as well as the master. By the mercantile law, the owners are liable in all cases without limitation; but by statute they are not liable for embezzlement, beyond their value of ship, tackle, and freight.

If a ship be repaired at home (e. g. upon the Tay or Thames) the creditor is only entitled to relief at common law. The creditor may sue either the master or owners; but, if he undertook the work on the special promise of the one, the other is not liable. If the master buys provisions on credit, the owners are liable for the debt, though they have given him money to pay for them. If a ship be mortgaged, and afterwards lost at sea,

the owners must pay the debt; for the mortgage is only an additional security, though there be no express words to that purpose in the covenant. If a ship be taken by the enemy, and ransomed, the owners are liable to pay the ransom; though the ransomer die in the hands of the captors.

The ship owners are not liable for more than the value of the ship and freight, on account of damages sustained by the loss of goods. Where there are several owners, and one disagrees from the voyage, he is not liable to any action subsequently for miscarriage or otherwise.

For other branches of the maritime law, see MARINE INSURANCE, QUARANTINE, RESPONDENTIA, WRECK, &c.

MARIVAUX (Peter Carlet de), a French dramatic writer, born of a good family in Paris in 1688. A fine understanding, improved by education, distinguished him early. He met with the highest success in comic productions, which, with the merit of his other works, procured him a place in the French Academy. He died in Paris in 1763, aged seventy-five. His works consist of 1. Pieces de Theatre, 4 vols. 12mo.; 2. Homere travesti, 12mo. ; 3. Le Spectateur Français, 2 vols. 12mo.; 4. Le Philosophe Indigent, 12mo.; 5. Vie de Marianne, 2. vols. 12mo.; one of the best romances in the French language; 6. Le Paysan Parvenu, 12mo.; 7. Pharsamon.

MARIVELAS, or MARIVELLE, one of the smaller Philippine Islands, with a village on it of the same name, consisting of about forty houses, built of bamboo. The floor of these houses is also made of small bamboos, which do not touch each other, and which give them the appearance of bird cages. The mode of ascending them is by a ladder. The island was invaded by the Moors in 1810, who destroyed the village, and made slaves of all the Indians. Since this period, the inhabitants have never applied to industry; and are wretchedly poor.

He

He

MARIUPOL, a town of European Russia, on the sea of Azoph, in the government of Ekaterinoslav, at the mouth of the Kalmius. Population 2000. 140 miles south-east of Ekaterinoslav. MARIUS (Caius), a Roman general, and seven times consul, but who sullied his great military reputation by savage barbarities. was born at Arpinum, of obscure parents. signalised himself under Scipio, at the siege of Numantia. The Roman general saw his courage and intrepidity, and foretold his future greatness. By his intrigues at Rome, while he exercised the inferior offices of the state, he first rendered himself known; and his marriage with Julia, who was of the family of the Cæsars, contributed to raise him to consequence. He went to Africa as lieutenant to the consul Metellus against Jugurtha, and there ingratiated himself with the soldiers; and having raised enemies to his benefactor, he returned to Rome and canvassed for the consulship. By his extravagant promises to the people, and his malevolent insinuations against Metellus, he proved successful. He was appointed to finish the war against Jugurtha, and showed his military talents by defeating Jugurtha. See JUGURTHA. The Roman provinces being suddenly invaded by an army of 300,000

barbarians, Marius was elected consul, and sent against the Teutones. The war being prolonged, Marius was a third and fourth time invested with the consulship. At last two engagements were fought, and not fewer than 200,000 of the forces of the Ambrones and Teutones were slain in the field of battle, and 90,000 made prisoners in A. U. C. 650. In 651 the Cimbri, another horde of barbarians, were defeated; 140,000 of them were slaughtered by the Romans, and 60,000 taken prisoners. After these victories Marius, with his colleague Catullus, entered Rome in triumph; and Marius received the appellation of the third founder of Rome. He was elected consul a sixth time; but his restless ambition began to raise seditions, and to oppose the power of Sylla. This was the foundation of a civil war. Sylla refused to deliver up the command of his forces, with which he was empowered to prosecute the Mithridatic war; and considered the demand as arbitrary and improper. He marched to Rome, and Marius was obliged to fly. Adverse winds prevented him from seeking a retreat in Africa, and he was left on the coast of Campania, where Sylla's emissaries discovered him in a marsh, into which he had plunged himself, leaving only his mouth above the surface for respiration. He was dragged to the neighbouring town of Minturnæ; and the magistrates, being in the interest of Sylla, passed sentence of death on their illustrious prisoner. A Gaul was commanded to cut off his head in the dungeon; but the stern countenance of Marius disarmed the courage of the executioner: and when he heard him say, Tune, homo, audes occidere Caium Marium? the dagger dropped from his hand. Such an adventure moved the compassion of the inhabitants of Minturnæ. They liberated Marius, and favored his escape to Africa, where he joined his son, who had been arming the princes of that country in his cause. Marius landed near the walls of Carthage, but his retreat was soon known; and the governor of Africa, to conciliate the favor of Sylla, compelled Marius to fly to a neighbouring island. He soon after learned that Cinna had embraced his cause at Rome, where the Roman senate had stripped him of his consular dignity, and bestowed it upon one of his enemies. Marius set sail to assist his friend at the head of only 1000 men. His army, however, was soon increased, aud he entered Rome like a conqueror. His enemies were inhumanly sacrificed to his fury; Rome was filled with blood; and he, who once had been called the father of his country, marched through the city, attended by a number of assassins, who slaughtered all those whose salutations were not answered by their leader. When Marius and Cinna had sufficiently gratified their rage they made themselves consuls: but Marius, already worn out with old age and infirmities, died sixteen days after he had been elected consul the seventh time, A. U. C. 666, and A. A. C. 86. Brought up in poverty, and among peasants, he always retained his native rusticity, and despised in others those polished manners which education had denied him. Being himself illiterate, he hated the conversation of the learned; and his sobriety and temperance were

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