صور الصفحة
PDF

English judge, was born on the 13th of December 1769 in Jamaica, where his father, Robert Scarlett, had property. In the summer of 1785 he was sent to England to complete his education, and went to Trinity College, Cambridge, taking his BA. degree in 1789. Having entered the Inner Temple he was called to the bar in 1791, and joined the northern circuit and the Lancashire sessions. Though he had no professional connexions, by steady application he gradually obtained a large practice, ultimately confining himself to the Court of King’s Bench and the northern circuit. He took silk in 1816, and from this time till the close of 1834 he was the most successful lawyer at the bar; he was particularly effective before a jury, and his income reached the high-water mark of £18,500, a large sum for that period. He began life as a Whig, and first entered parliament in 1819 as member for Peterborough, representing that constituency with a short break (1822—1823) till 1830, when he was elected for the borough of Malton. He became attorney-general, and was knighted when Canning formed his ministry in 1827; and though he resigned when the duke of Wellington came into power in 1828, he resumed office in 1829 and went out with the duke of Wellington in 1830. His opposition to the Reform Bill caused his severance from the Whig leaders, and having joined the Tories he was elected, first for Colchester and then in 1832 for Norwich, for which borough he sat until the dissolution of parliament. He was appointed lord chief baron of the exchequer in 1834, and presided in that court for more than nine years. While attending the Norfolk circuit on the 2nd of April he was suddenly seized with apoplexy, and died in his lodgings at Bury on the 7th of April 1844. He had been raised to the peerage as Baron Abinger in 1835, taking his title from the Surrey estate he had bought in 1813. The qualities which brought him success at the bar were not equally in place on the bench; he was partial, dictatorial and vain; and complaint was made of his domineering attitude towards juries. But his acuteness of mind and clearness of expression remained to the end. Lord Abinger was twice married (the second time only six months before his death), and by his first wife ((1. 1829) had three sons and two daughters, the title passing to his eldest son Robert (1794-1861). His second son, General Sir James Yorke Scarlett (1799—1871), leader of the heavy cavalry charge at Balaclava, is dealt with in a separate article; and his elder daughter, Mary, married John, Baron Campbell, and was herself created Baroness Stratheden (Lady Stratheden and Campbell) (d. 1860). Sir Philip Anglin Scarlett (d. 1831), Lord Abinger’s younger brother, was chief justice of Jamaica. See P. C. Scarlett, Memoir of James, 1:! Lord Abinger (I877); Foss's Lives of the Judges; E. Manson, Builders of our Law (1904). ABINGTON, FRANCES (1737—1815), English actress, was the daughter of a private soldier named Barton, and was, at first, a flower girl and a street singer. She then became servant to a French milliner, obtaining a taste in dress and a knowledge of French which afterwards stood her in good stead. Her first appearance on the stage was at the Haymarket in 1755 as Miranda in Mrs Centlivre’s Busybady. In 1756, on the recommendation of Samuel Foote, she became a member of the Drury Lane company, where she was overshadowed by Mrs Pritchard and Kitty Clive. In 1759, after an unhappy marriage with her music-master, one of the royal trumpeters, she is mentioned in the bills as Mrs Abington. Her first success was in Ireland as Lady Townley, and it was only after five years, on the pressing invitation of Garrick, that she returned to Drury Lane. There she remained for eighteen years, being the original of more than thirty important characters, notably Lady Teazlc (1777). Her . Beatrice, Portia, Desdemona and Ophelia were no less liked than her Miss Hoyden, Biddy Tipkin, Lucy Lockit and Miss Prue. It was in the last character in Love for Love that Reynolds painted his best portrait of her. In 1782 she left Drury Lane for Covent Garden. After an absence from the stage from 1790 until 1797, she reappeared, quitting it finally in 1799. Her ambition, personal wit and cleverness won her a distinguished position in society, in spite of her humble origin. Women of fashion copied her frocks, and a head-dress she wore was widely

[graphic]

adopted and known as the “ Abington cap." She died on the 4th of March 1815.

ABIOGENESIS, in biology, the term, equivalent to the older terms “spontaneous generation," Generalio aequivoca, Generalio primaria, and of more recent terms such as archegenesis and archebiosis, for the theory according to which fully formed living organisms sometimes arise from not-living matter. Aristotle explicitly taught abiogenesis, and laid it down as an observed fact that some animals spring from putrid matter, that plantlice arise from the dew which falls on plants, that fleas are developed from putrid matter, and so forth. T. J. Parker (Elemenlary Biology) cites a passage from Alexander Ross, who, commenting on Sir Thomas Browne's doubt as to “ whether mice may be bred by putrefaction," gives a clear statement of the common opinion on abiogenesis held until about two centuries ago. Ross wrote: “ So may he (Sir Thomas Browne) doubt whether in cheese and timber worms are generated; or if beetles and wasps in cows’ dung; or if butterflies, locusts, grasshoppers, shell-fish, snails, eels, and such like, be procreated of putrefied matter, which is apt to receive the form of that creature to which it is by formative power disposed. To question this is to question reason, sense and experience. If he doubts of this let him go to Egypt, and there he will find the fields swarming with mice, begot of the mud of Nylus, to the great calamity of the inhabitants.”

The first step in the scientific refutation of the theory of abiogenesis was taken by the Italian Redi, who, in 1668, proved that no maggots were “ bred " in meat on which flies were prevented by wire screens from laying their eggs. From the 17th century onwards it was gradually shown that, at least in the case of all the higher and readily visible organisms, abiogenesis did not occur, but that omne vivum e m'vo, every living thing came from a pre-existing living thing.

The discovery of the microscope carried the refutation further. In 1683 A. van Leeuwenhoek discovered bacteria, and it was soon found that however carefully organic matter might be protected by screens, or by being placed in stoppered receptacles, putrefaction set in, and was invariably accompanied by the appearance of myriads of bacteria and other low organisms. As knowledge of microscopic forms of life increased, so the apparent possibilities of abiogenesis increased, and it became a tempting hypothesis that whilst the higher forms of life arose only by

generation from their kind, there was a perpetual abiogenetic

fount by which the first steps in the evolution of living organisms continued to arise, under suitable conditions, from inorganic matter. It was due chiefly to L. Pasteur that the occurrence of abiogenesis in the microscopic world was disproved as much as its 'occurrence in the macroscopic world. If organic matter were first sterilized and then prevented from contamination from without, putrefaction did not occur, and the matter remained free from microbes. The nature of sterilization, and the difficulties in securing it, as well as the extreme delicacy of the manipulations necessary, made it possible for a very long time to be doubtful as to the application of the phrase omne vivum e vivo to the microscopic world, and there still remain a few belated supporters of abiogenesis. Subjection to the temperature of boiling water for, say, half an hour seemed an efficient mode of sterilization, until it was discovered that the spores of bacteria are so involved in heat-resisting membranes, that only prolonged exposure to dry, baking heat can be recognized as an efficient process of sterilization. Moreover, the presence of bacteria, or their spores, is so universal that only extreme precautions guard against a re-infection of the sterilized material. It may now be stated definitely that all known living organisms arise only from pre-existing living organisms.

So far the theory of abiogenesis may be taken as disproved. It must be noted, however, that this disproof relates only to known existing organisms. All these are composed of a definite substance, known as protoplasm (q.v.), and the modernrefutation of abiogenesis applies only to the organic forms in which protoplasm now exists. It may be that in the progress of science it may yet become possible to construct living protoplasm from non-living material, The refutation of abiogenesis has no further bearing on this possibility than to make it probable that if protoplasm ultimately be formed in the laboratory, it will be by a series of stages, the earlier steps being the formation of some substance, or substances, now unknown, which are not protoplasm. Such intermediate stages may have existed in the past, and the modern refutation of abiogenesis has no application to the possibility of these having been formed from inorganic matter at some past time. Perhaps the words archebiosis, or archegenesis, should be reserved for the theory that protoplasm in the remote past has been developed from not-living matter by a series of steps, and many of those, notably T. H. Huxley, who took a large share in the process of refuting contemporary abiogenesis, have stated their belief in a primordial archebiosis. (See BIOGENESIS and Lira.) (P. C. M.)

ABIPONES. a tribe of South American Indians of Guaycuran stock recently inhabiting the territory lying between Santa F 6 and St Iago. They originally occupied the Chaco district of Paraguay,but were driven thence by the hostility of the Spaniards. According to Martin Dobrizhoffer, a Jesuit missionary, who, towards the end of the 18th century, lived among them for a period of seven years, they then numbered not more than 5000. They were a well-formed, handsome people, with black eyes and aquiline noses, thick black hair, but no beards. The hair from the forehead to the crown of the head was pulled out, this constituting a tribal mark. The faces, breasts and arms of the women were covered with black figures of various designs made with thorns, the tattooing paint being a mixture of ashes and blood. The lips and ears of both sexes were pierced. The men were brave fighters, their chief weapons being the bow and spear. No child was without bow and arrows; the bow-strings were made of foxes’ entrails. In battle the Abipones wore an armour of tapir's hide over which a jaguar’s skin was sewn. They were excellent swimmers and good horsemen. For five months in the year when the floods were out they lived on islands or even in shelters built in the trees. They seldom married before the age of thirty, and were singularly chaste. “With the Abipones," says Darwin, “ when a man chooses a wife, he bargains with the parents about the price. But it frequently happens that the girl rescinds what has been agreed upon between the parents and bridegroom, obstinately rejecting the very mention of marriage. She often runs away and hides herself, and thus eludes the bridegroom.” Infanticide was systematic, never more than two children being reared in one family, a custom doubtless originating in the difficulty of subsistence. The young were suckled for two years. The Abipones are now believed to be extinct as a tribe.

Martin Dobrizhofl'er's Latin Historia de Abipcmibus (Vienna, 1784) was translated into English by Sara Coleridge, at the suggestion of Southey, in 1822, under the title of An Account of the Abipones (3 vols.).

ABITIBBI, a lake and river of Ontario, Canada. The lake, in 49° N., 80° W., is 60 m. long and studded with islands. It is shallow, and the shores in its vicinity are covered with small timber. It was formerly employed by the Hudson’s Bay Company as part of a canoe route to the fur lands of the north. The construction of the Grand Trunk Pacific railway through this district has made it of some importance. Its outlet is Abitibbi river, a rapid stream, which after a course of 200 m. joins the Moose river, flowing into James Bay.

ABJURATION (from Lat. abjurarc, to forswear), a solemn repudiation or renunciation on oath. At common law, it signified the oath of a person who had taken sanctuary to leave the realm for ever; this was abolished in the reign of James I. The Oath of Abjuratian, in English history, was a solemn disclaimer, taken by members of parliament, clergy and laymen against the right of the Stuarts to the crown, imposed by laws of William 111., George I. and George 111.; but its place has since been taken by the oath of allegiance.

ABKHASIA. or ABHASIA, a tract of Russian Caucasia, government of Kutais. The Caucasus mountains on the N. and N.E. divide it from Circassia; on the 8.15. it is bounded by Mingrelia;

[graphic]

and on the SW. by the Black Sea. Though the country is generally mountainous, with dense forests of oak and walnut, there are some deep, well-watered valleys, and the climate is mild. The soil is fertile, producing wheat, maize, grapes, figs, pomegranates and wine. Cattle and horses are bred. Honey is produced; and excellent arms are made. This country was subdued (c. 550) by the Emperor Justinian, who introduced Christianity. Native dynasties ruled from 735 to the 15th century, when the region was conquered by the Turks and became Mahommedan. The Russians acquired possession of it piecemeal between 1829 and 1842, but their power was not firmly established until after 1864. Area, 2800 sq. m. The principal town is Sukhum-kaleh. Pop. 43,000, of whom twothirds are Mingrelians and one-third Abkhasians, a Cherkess or Circassian race. The total number of Abkhasians in the tWo governments of Kutais and Kuban was 72,103 in 1897; large numbers emigrated to the Turkish empire in 1864 and 1878.

ABLATION (from Lat. ablatus, carried away), the process of removing anything; a term used technically in geology of the wearing away of a rock or glacier, and in surgery for operative removal.

ABLATITIOUS (from Lat. ablalus, taken away), reducing or withdrawing; in astronomy a force which interferes between the moon and the earth to lessen the strength of gravitation is called “ ablatitious,” just as it is called “ addititious ” when it increases that strength.

ABLATIVE (Lat. ablativus, sc. casus, from ablalum, taken away), in grammar, a case of the noun, the fundamental sense of which is direction from; in Latin, the principal language in which the case exists, this has been extended, with or without a preposition, to the instrument or agent of an act, and the place or time at, and manner in, which a thing is done. The case is also found in Sanskrit, Zend, Oscan and Umbrian, and traces remain in other languages. The “ Ablative Absolute," a grammatical construction in Latin, consists of a noun in the ablative case, with a participle, attribute or qualifying word agreeing with it, not depending on any other part of the sentence, to express the time, occasion or circumstance of a fact.

ABLUTION (Lat. ablatio, from abluere, “ to wash off "), a washing, in its religious u'se, destined to secure that ceremonial or ritualistic ' purity which must not be confused with the physical or hygienic cleanliness of persons and things obtained by the use of soap and water.1 Indeed the two states may con— tradict each other, as in the case of the 4th-century Christian pilgrim to Jerusalem who boasted that she had not washed her face for eighteen years for fear of removing therefrom the holy chrism of baptism. The purport, then, of ablutions is to remove, not dust and dirt, but the—to us imaginary—stains contracted by contact with the dead, with childbirth, with‘ menstruous women, with murder whether wilful or involuntary, with almost any form of bloodshed, with persons of inferior caste, with dead animal refuse, e.g. leather or excrement, with leprosy, madness and any form of disease. Among all races in a certain grade of development such associations are vaguely felt to be dangerous and to impair vitality. In a later stage the taint is regarded as alive, as a demon or evil spirit alighting on and passing into the things and persons exposed to contamination. In general, water, cows’ urine and blood of swine are the materials used in ablutions. Of these water is the commonest, and its efficacy is enhanced if it be running, and still more if a magical or sacramental virtue has been imparted to it by ritual blessing or consecration. Some concrete examples will best illustrate the nature of such ablutions. In the Athena—Veda, vii. r 16, we ha 1e this allopathic remedy for fever. The patient's skin burns, that of a. frog is cold to the touch; therefore tie to the foot of the bed a frog, bound with red and black thread, and wash down the sick man so that the water of ablution falls

‘ In its technical ecclesiastical sense the aqul-ion is the ritual washing of the chalice and of the priest's fingers after the celebration of Holy Communion in the Catholic Church. The wine and water utsfid _for this purpose are themselves sometimes called “the a utlon."

on the frog. Let the medicine man or magician pray that the fever may pass into the frog, and the frog be forthwith released, and the cure will be effected. In the old Athenian Anthesteria the blood of victims was poured over the unclean. A bath of bulls’ blood was much in vogue as a baptism in the mysteries of Attis. The water must in ritual washings run off in order to carry away the miasma or unseen demon of disease; and accordingly in baptism the early Christians used living or running water. Nor was it enough that the person baptized should himself enter the water; the baptizer must pour it over his head, so that it run down his person. Similarly the Brahman takes care, after ablution of a person, to wipe the cathartic water off from head to feet downwards, that the malign influence may pass out through the feet. The same care is shown in ritual ablutions in the Bukovina and elsewhere.

Water and fire, spices and sulphur, are used in ritual cleansings, says Iamblichus in his book on mysteries (v. 2 3), as being specially full of the divine nature. Nevertheless in all religions, and especially in the Brahmanic and Christian, the cathartic virtue of water is enhanced by the introduction into it by means of suitable prayers and incantations of a divine or magical power. Ablutions both of persons and things are usually cathartic, that is, intended to purge away evil influences (Kaflaipew, to make xaflapbs, pure). But, as Robertson Smith observes, “ holiness is contagious, just as uncleanness is ”; and comm0n things and persons may become taboo, that is, so holy as to be dangerous and useless for daily life through the mere infection of holiness. Thus in Syria one who touched a dove became taboo for one whole day, and if a drop of blood of the Hebrew sin-offering fell on a garment it had to be ritually washed ofl. It was as necessary in the Hebrew religion for the priest to wash his hands after handling the sacred volume as before. Christians might not enter a church to say their prayers without first washing their hands. So Chrysostom says: “Although our hands may be already pure, yct unless we have washed. them thoroughly, we do not spread them upwards in prayer.” Tertullian (c. 200) had long before condemned this as a heathen custom; none the less, it was insisted on in later ages, and is a survival of the pagan lustrations or neptppayrijpta. Sozomen (vi. 6) tells how a priest sprinkled Julian and Valentinian with water according to the heathen custom as they entered his temple. The same custom prevails among Mahommedans. Porphyry (de Abst. ii. 44) relates that one who touched a sacrifice meant to avert divine anger must bathe and wash his clothes in running water before returning to his city and home, and similar scruples in regard to holy objects and . persons have been observed among the natives of Polynesia, New Zealand and ancient Egypt. The rites, met within all lands, of pouring out water or bathing in order to produce rain from heaven, differ in their significance from ablutions with water and belong to the realm of sympathetic magic. '

There are certain forms of purification which one does not know whether to describe as ablutions or anointings. Thus Demosthenes in his speech “On the crown” accused Aeschines of having “ purified the initiated and wiped them clean with (not from) mud and pitch.” Smearing with gypsum (riravos, titanos) had a similar purifying effect, and it has been suggestedl that the Titans were no more than old-world votaries who had so disguised themselves. Perhaps the use of ashes in mourning had the same origin. In the rite of death-bed penance given in the old Mozarabic Christian ritual of Spain, ashes were poured over the sick man.

[blocks in formation]
[graphic]

called Terratcens by the New England tribes and colonial writers. It included the Passamaquoddy, Penobscot, N orridge~ wock, Malecite and other tribes. It formerly occupied what is now Maine and southern New Brunswick. All the tribes were loyal to the French during the early years of the 18th century, but after the British success in Canada most of them withdrew to St Francis, Canada, subsequently entering into an agreement with the British authorities. The Abnaki now number some 1600.

For details see Handbook of American Indians, edited by F. W. Hodge (Washington, 1907).

ABNBR (Hebrew for “father of [or is a] light ”), in the Bible, first cousin of Saul and commander-in-chief of his army (1 Sam. xiv. 50, xx. 25). He is only referred to incidentally in Saul's history (1 Sam. xvii. 55, xxvi. 5), and is not mentioned in the account of the disastrous battle of Gilboa when Saul’s power was crushed. Seizing the only surviving son, Ishbaal, he set him up as king over Israel at Mahanaim, east of the Jordan. David, who was accepted as king by Judah alone, was mean.while reigning at lchron, and for some time war was carried on between the two parties. The only engagement between the rival factions which is told at length is noteworthy, inasmuch' as it was preceded by an encounter at Gibeon between twelve chosen men from each side, in which the whole twenty-four seem to have perished (2 Sam. 12)} In the general engagement which followed, Abner was defeated and put to flight. He was closely pursued by Asahcl, brother of Joab, who is said to have been “ light of foot as a wild roe." As Asahel would not desist from the pursuit, though warned, Abner was compelled to slay him in self-defence. This originated a deadly feud between; the leaders of the opposite parties, for Joab, as next of kin to Asahel, was by the law and custom of the country the avenger of his blood. For some time afterwards the war was carried on,\ the advantage being invariably on the side of David. At lengthIshbaal lost the main prop of his tottering cause by remonstrating with Abner for marrying Rizpah, one of Saul’s concubines, an alliance which, according to Oriental notions, implied pro-tensions to the throne (cp. 2 Sam. xvi. 21 sqq.; 1 Kings ii. 2r sqq.). Abner was indignant at the deserved rebuke, and'irnmediately opened negotiatons with David, who welcomed him on the condition that his wife Michal should be restored to-him. This was done, and the proceedings were ratified by a feast. Almost immediately after, however, Joab, who had been sentaway, perhaps intentionally returned and slew Abner at the gate of Hebron. The ostensible motive for the assassination was adesire to avenge Asahel, and this would be a sufficient justification for the deed according to the moral standard of the time. The conduct of David after the event was such as to show 'that he had no complicity in the act, though he could not ven-' turc to punish its perpetrators (2 Sam. iii. 31-39; cp. 1 Kings ii. 31 seq.). (See DAVID.)

ABO (Finnish Turku), a city and seaport, the capital 1)! the province of Abo-Bjdrneborg, in the grand duchy of Finland, on the Aura-joki, about 3 m. from where it falls into the gulf 0f Bothnia. Pop. (1810) 10,224; (1870) 19.617; (1904) 42,639.‘ It is 381 .m. by rail from St Petcrsburg via Tavastchus, and is' in regular steamer communication with St Petersburg, Vasa, Stockholm, Copenhagen and Hull. It was already a place of importance when Finland formed part of the kingdom of Sweden.‘ “then the Estates of Finland seceded from Sweden and accepted the Emperor Alexandler of Russia as their grand duke at the Diet of Borga in 1809, Abo became the capital of the new state, and so remained till 1819 when the seat of government was transferred to Helsingfors. In November 1817 nearly the whole city was burnt down, the university and its valuable library being entirely destroyed. Before this calamity Abo contained 1 110 houses and 13,000 inhabitants; and its university had 40 professors, more than 500 students, and a library of up-' wards of 50,000 volumes, together with a botanical garden, an

1 The object of the story of the encounter is to ex lain the name

[ocr errors]

observatory and a chemical laboratory. The university has since been removed to Helsingfors. Abo remains the ecclesiastical capital of Finland, is the seat of the Lutheran archbishop and contains a fine cathedral dating from 1258 and restored after the fire of 1827. The cathedral is dedicated to St Henry, the patron saint of Finland, an English missionary who introduced Christianity into the country in the 12th century. Abo is the seat of the first of the three courts of appeal of Finland. It has two high schools, a school of commerce and a school of navigation. The city is second only to Helsingfors for its trade; sail-cloth, cotton and tobacco are manufactured, and there are extensive saw-mills. There is also a large trade in timber and a considerable butter export. Ship-building has considerably developed, torpedo-boats being built here for the Russian navy. Vessels drawing 9 or IO feet come up to the town, but ships of greater draught are laden and discharged at its harbour (Bornholm, on Hyrvinsala Island), which is entered yearly by from 700 to 800 ships, of about 200,000 tons.

ABO-BJORNEBORG, a province occupying the S.W. corner of Finland and including the Aland islands. It has a total area of 24,171 square kilometres and a population (1900) of 447,098, of whom 379,622 spoke Finnish and 67,260 Swedish;‘446,9oo were of the Lutheran religion. The province occupies a prominent position in Finland for its manufacture of cottons, sugar refinery, wooden goods, metals, machinery, paper, &c. Its chief towns are: Abo (pop. 44,639), Bjorneborg (16,053), Raumo (5501), Nystad (4165), Mariehamn (1171), Nadendal (917).

ABODB (from‘ “ abide,” to dwell, properly “ to wait for ," to bide), generally, a dwelling. In English law this term has a more restricted meaning than demicile, being used to indicate the place of a man's residence or business, whether that be either temporary or permanent. The law may regard for certain purposes, as a man’s abode, the place where he carries on business, though he may reside elsewhere; so that the term has come to have a looser significance than residence, which has been defined as “where a man lives with his family and sleeps at night” (R. v. Hammond, 1852, 17 Q.B. 772). In serving a notice of action, a solicitor’s place of business may be given as his abode (Roberts v. ll’illiams, 1835, 5 L.J.M.C. 23), and in more recent decisions it has been similarly held that where a notice was required to be served under the Public Health Act 1875, either personally or to some inmate of the owner’s or occupier's “ place of abode, ” a place of business was sufficient.

ABOMASUM (caillette),' the fourth or rennet stomach of Ruminantia. From the amasum the food is finally deposited in the abomasum, a cavity considerably larger than either the second or third stomach, although less than the first. The base of the abomasum is turned to the amasum. It is of an irregular conical form. It is that part of the digestive apparatus which is analogous to the single stomach of other Mammalia, as the food there undergoes the process of chymification, after being macerated and ground down in the three first stomachs.

ABOMEY, capital of the'a'ncient kingdom of Dahomey, West Africa, now included in the French colony of the same name. It is 70 m'. N. by rail of the seaport of Kotonu, and has a population of about 1 5,000. Abo'mey is built on a rolling plain, 800 ft. above sea‘level, terminating in short bluffs to the N.W., where it is bounded by a long depression. The town was surrounded by a mud wall, pierced by six gates, and was further protected by a ditch 5 ft. deep, filled with a dense growth of prickly acacia, the usual defence of West African strongholds. Within the walls, which had a circumference of six miles, were villages separated by fields, several royal palaces, a market-place and a large square containing the barracks. In November 1892, Behanzin', the king of Dahomey, being defeated by the French, set fire to Abomcy and fled northward. Under French administration the town has been rebuilt, placed (1905) in railway communication with the coast, and given an ample water supply by the sinking of artesian Wells.

ABOMINATION (from Lat. ab. from. and 0minarc, to forebode), anything contrary to omen. and therefore regarded with aversion; a word used often in the Bible to denote evil doctrines

, are arborigines, “ tree-born,

[graphic]

or ceremonial practices which were impure. An incorrect derivation was ob kominc (Le. inhuman), and the spelling of the adjective “abominable” in the first Shakespeare folio is always “ abhominable.” Colloquially “abomination ” and “ abominable” are used to mean simply excessive in a disagreeable sense.

ABOR HILLS, a tract of country on the north-east frontier of India, occupied by an independent tribe called the Abors. It lies north of Lakhimpur district, in the province of eastern Bengal and Assam, and is bounded on the east by the Mishmi Hills and on the west by the Miri Hills, the villages of the tribe extending to the Dibong river. ‘The term Abor is an Assamese word, signifying “barbarous” or “independent,” and is applied in a general sense by the Assamese to many frontier tribes; but in its restricted sense it is specially given to the above tract. The Abors, together with the cognate tribes of Miris, Daphlas and Akas, are supposed to be descended from a Tibetan stock. They are a quarrelsome and sulky race, violently divided in their political relations. In former times they committed frequent raids upon the plains of Assam, and have been the object of more than one retaliatory expedition by the British government. In 1893—94 occurred the first Bor Abor expedition. Some military police sepoys were murdered in British territory, and a force of 600 troops was sent, who traversed the Aborv country, and destroyed the villages concerned in the murder and all other villages that opposed the expedition. A second expedition became necessary later on, two small patrols having been treacheroust murdered; and a force of 100 British troops traversed the border of the Abor country and punished the tribes, while a blockade was continued against them from 1894 to 1900.

See Colonel Dalton's Ethnology of Bengal, I872.

ABORIGINES, a mythical people of central Italy, connected in legendary history with Aeneas, Latinus and Evander. They were supposed to have descended from their mountain home near Reate (an ancient Sabine town) upon Latium, whence they expelled the Siceli and subsequently settled ‘down as Latini under a King Latinus (Dion Halic. i. 9. 60). The most generally accepted etymology of the name (ab origine), according to which they were the original inhabitantsK = Gk. ab-réxfioves) of the country, is inconsistent with the fact that the oldest authorities (e.g. Cato in his Ongines) regarded them as Hellenic immigrants, not as a native Italian people. Other explanations suggested ” and aberrigines, “nomads.” Historical and ethnographical discussions have led to no result; the most that can be said is that, if not a general term, “ aborigines” may be the name of an Italian stock, about whom the ancients knew no more than ourselves.

In modern times the term “Aborigines” has been extended in signification, and is used to indicate the inhabitants found in a‘ country at its first discovery, in contradistinction to colonies or

,new races, the time of whose introduction into the country is

known. \

The Aborigines’ Protection Society was founded in 1838 in England as the result of a royal commission appointed at the instance of Sir T. Fowell Buxton to inquire into the treatment of the indigenous populations of the various British colonies. The inquiry revealed the gross cruelty and injustice with which the natives, had been often treated. Since its foundation the society has done much to make English colonization a synonym for humane and generous treatment of savage races.

ABORTION (from Lat. aboriri, to fail to be born, or perish), in obstetrics, the premature separation and expulsion of the mntents of the pregnant uterus. It is‘a common terminology to call premature labour of an accidental type a “ miscarriage,” in order to distinguish “abortion” as a deliberately induced act, whether as a medical necessity by the accoucheur, or as a criminal proceeding (see MEDICAL JURISPRUDENCE); otherwise the term “abortion” would ordinarily be used when occurring before the eighthmonth of gestation, and “premature labour ” subsequently. As an accident of pregnancy, it is far from uncommon, although its relative frequency, as compared with that of Completed gestation, has been very differently estimated by accoucheurs.‘ It is more liable to occur in the earlier than in the later months of pregnancy, and it would also appear to occur more readily at the periods corresponding to those of the menstrual discharge. It may be induced by numerous causes, both of a local and general nature. Malformations of the pelvis, accidental injuries and the diseases and displacements to which the uterus is liable, on the one hand; and, on the other, various morbid conditions of the ovum or placenta leading to the death of the foetus, are among the direct local causes. The general causes embrace certain states of the system which are apt to exercise a more or less direct influence upon the progress of utero-gestation. The tendency to recurrence in persons who have previously miscarried is well known, and should ever be borne in mind with the view of avoiding any cause likely to lead to a repetition of the accident. Abortion resembles ordinary labour in its general phenomena, excepting that in the former hemorrhage often to a large extent forms one of the leading symptoms. The treatment embraces the means to be used by rest, astringents and sedatives, to prevent the occurrence when it merely threatens; or when, on the contrary, it is inevitable, to accomplish as speedily as possible the complete removal of the entire contents of the uterus.

Among primitive savage races abortion is practised to a far less extent than infanticide (q.v.), which offers a simpler way of getting rid of inconvenient progeny. But it is common among the American Indians, as well as in China, Cambodia and India, although throughout Asia it is generally contrary both to law and religion. How far it was considered a crime among the civilized nations of antiquity has long been debated. Those who maintain the impunity of the practice rely for their authority upon certain passages in the classical authors, which, while bitterly lamenting the frequency of this enormity, yet never allude to any laws by which it might be suppressed. For example, in one of Plato’s dialogues (Theael.), Socrates is made to speak of artificial abortion as a practice, not only common but allowable; and Plato himself authorizes it in his Republic (lib. v.). Aristotle (Polit. lib. vii. c. 17) gives it as his opinion that no child ought to be suffered to come into the world, the mother being above forty or the father above fifty-five years of age. Lysias maintained, in one of his pleadings quoted by Harpocration, that forced abortion could not be considered homicide, because a child in utero was not an animal, and had no separate existence. Among the Romans, Ovid (Amor. lib. ii.),

Juvenal (Sat. vi. 594) and Seneca (Consol. ad Hel. r6) mention

the frequency of the offence, but maintain silence as to any laws for punishing it. On the other hand, it is argued that the authority of Galen and Cicero (pro Cluentio) place it beyond a doubt that, so far from being allowed to pass with impunity, the offence in question was sometimes punished by death; that the authority of Lysias is of doubtful authenticity; and that the speculative reasonings of Plato and Aristotle, in matters of legislation, ought not to be confounded with the actual state of the laws. Moreover, Stobaeus (Serm. 73) has preserved a passage from Musonius, in which that philosopher expressly states that the ancient law~givers inflicted punishments on females who caused themselves to abort. After the spread of Christianity among the Romans, however, foeticide became equally criminal with the murder of an adult, and the barbarian hordes which afterwards overran the empire also treated the offence as a crime punishable with death. This severe penalty remained in force in all the countries of Europe until the Middle Ages. With the gradual disuse of the old barbarous punishments so universal in medieval times came also a reversal of opinion as to the magnitude of the crime involved in killing a child not yet born. But the exact period of transition is not clearly marked.

In England the Anglo-Saxons seem to have regarded abortion only as an ecclesiastical offence. Sir Matthew Hale (1609—1676) tells us that if anything is done to “a woman quick or great with child, to make an abortion, or whereby the child within her is killed, it is not murder or manslaughter by the law of England, because it is not yet in rerum nature.” But the common law appears, nevertheless, to have treated as a mis

[graphic]

demeanour any attempt to effect the destruction of such an infant, though unsuccessful. Blackstone (1723—1780), to be sure, a hundred years later, says that, “if a woman is quick with child, and by poison or otherwise killeth it in her womb, or if any one beat her, whereby the child dieth in her body, and she is delivered of a dead child, this, though not murder, was, by the ancient law, homicide or manslaughter.” Whatever may have been the exact view taken by the common law, the offence was made statutory by an act of 1803, making the attempt to cause the miscarriage of a woman, not being, or not being proved, to be quick with child, a felony, punishable with fine, imprisonment, whipping or transportation for any term not exceeding fourteen years. Should the woman have proved to have quickened, the attempt was punishable with death. The provisions of this statute were re-enacted in 1828. The English law on the subject is now governed by the Offences against the Person Act 1861, which makes the attempting to cause miscarriage by administering poison or other noxious thing, or unlawfully using any instrument equally a felony, whether the woman be, or be not, with child. No distinction is now made as to whether the foetus is or is not alive, legislation appearing to make the offence statutory with the object of prohibiting any risk to the life of the mother. If a woman administers to herself any poison or other noxious thing, or unlawfully uses any instrument or other means to procure her own miscarriage, she is guilty of felony, The punishment for the offence is penal servitude for life or not less than three years, or imprisonment for not more than two years. If a child is born alive, but in consequence of its premature birth, or of the means employed, afterwards dies, the offence is murder; the general law as to accessories applies to the offence.

In all the countries of Europe the causing of abortion is now punishable with more or less lengthy terms of imprisonment. Indeed, the tendency in continental Europe is to regard the abortion as a crime against the unborn child, and several codes (notably that of the German Empire) expressly recognize the life of the foetus, while others make the penalty more severe if abortion has been caused in the later stages of pregnancy, or if the woman is married. According to the weight of authority in the United States abortion was not regarded as a punishable offence at common law, if the abortion was produced with the consent of the mother prior to the time when she became quick. with child; but the Supreme Courts of Pennsylvania and North Carolina held it a crime at common law, which might be committed as soon as gestation had begun (Mills v. Corn. 13 Pa. St. 630; State v. Slagle, 83 N.C. 630). The attempt is a punishable ofiencein several states, but not in Ohio. Nor was it ever murder at common law to take the life of the child at any period of gestation, even in the very act of delivery (Mitchell v. Com. 78 Ky. 204). If the death of the woman results it is murder at common law (Corn. v. Parker, 9 Met. [Mass] 263). It is now a statutory offence in all states of the Union, but the woman must be actually pregnant. In most states not only is the person who causes the abortion punishable, but also any one who supplies any drug or instrument for the purpose. The woman, however, is not an accomplice (except by statute as in Ohio, State v. M‘Coy, 39 N.E. 316), nor is she guilty of any crime unless by statute as in New York (Penal Code, §29 5) and California (Penal Code, § 275) and Connecticut (Gen. Stats. 1902, § 1156). She may be a witness, and her testimony does not need corroboration. The attempt is also a crime in New York (r905, People v. Conrad, 102 App. D. 566).

Aurnonrrnss.——Ploucquet, Commentarius Medicus in ocessus criminoles super homicidio el infanticidio, tire. (171236);_Bur e Ryan, Infanncide, its Law, Prevalence, Prevention an Hislor (1862); G. Greaves, Observations on the Law: referring to Child- urder and Criminal Abortion (I864); Storer and Heard, Criminal Abortion, its Nature, Evidence and Law (Boston, 1868); J. Cave Browne, Infanticide, its Origin, Progress and Suppression (1857); T. R. Beck, Medical Jurisprudence (1842); A. S. Taylor, Principles and Practice %' .Medical Jurisprudence (1894); Sir . Stephen, History of the

rimmal Law of England (1883); Sir . 0. Russell, Crimes and

Misdemeanours (3 vols, 1896); Archbold's Pleading and Evu'dcflfe in Criminal Cases (1900); Roscoe's Evidence in Criminal Cases (1898);

« السابقةمتابعة »