THE ENCYCLOPÆDIA BRITANNICA

A DICTIONARY OF ARTS, SCIENCES, LITERATURE AND GENERAL INFORMATION

ELEVENTH EDITION

VOLUME II SLICE IV
Aram, Eugene to Arcueil

Articles in This Slice

ARAM, EUGENE (1704-1759), English scholar, but more famous as the murderer celebrated by Hood in his ballad, the Dream of Eugene Aram, and by Bulwer Lytton in his romance of Eugene Aram, was born of humble parents at Ramsgill, Yorkshire, in 1704. He received little education at school, but manifested an intense desire for learning. While still young, he married and settled as a schoolmaster at Netherdale, and during the years he spent there, he taught himself both Latin and Greek. In 1734 he removed to Knaresborough, where he remained as schoolmaster till 1745. In that year a man named Daniel Clark, an intimate friend of Aram, after obtaining a considerable quantity of goods from some of the tradesmen in the town, suddenly disappeared. Suspicions of being concerned in this swindling transaction fell upon Aram. His garden was searched, and some of the goods found there. As, however, there was not evidence sufficient to convict him of any crime, he was discharged, and soon after set out for London, leaving his wife behind. For several years he travelled through parts of England, acting as usher in a number of schools, and settled finally at Lynn, in Norfolk. During his travels he had amassed considerable materials for a work he had projected on etymology, to be entitled a Comparative Lexicon of the English, Latin, Greek, Hebrew and Celtic Languages. He was undoubtedly an original philologist, who realized, what was then not yet admitted by scholars, the affinity of the Celtic language to the other languages of Europe, and could dispute the then accepted belief that Latin was derived from Greek. Aram’s writings show that he had grasped the right idea on the subject of the Indo-European character of the Celtic language, which was not established till J.C. Prichard published his book, Eastern Origin of the Celtic Nations, in 1831. But he was not destined to live in history as the pioneer of a new philology. In February 1758 a skeleton was dug up at Knaresborough, and some suspicion arose that it might be Clark’s. Aram’s wife had more than once hinted that her husband and a man named Houseman knew the secret of Clark’s disappearance. Houseman was at once arrested and confronted with the bones that had been found. He affirmed his innocence, and, taking up one of the bones, said, “This is no more Dan Clark’s bone than it is mine.” His manner in saying this roused suspicion that he knew more of Clark’s disappearance than he was willing to admit. He was again examined, and confessed that he had been present at the murder of Clark by Aram and another man, Terry, of whom nothing further is heard. He also gave information as to the place where the body had been buried in St Robert’s Cave, a well-known spot near Knaresborough. A skeleton was dug up here, and Aram was immediately arrested, and sent to York for trial. Houseman was admitted as evidence against him. Aram conducted his own defence, and did not attempt to overthrow Houseman’s evidence, although there were some discrepancies in that; but made a skilful attack on the fallibility of circumstantial evidence in general, and particularly of evidence drawn from the discovery of bones. He brought forward several instances where bones had been found in caves, and tried to show that the bones found in St Robert’s Cave were probably those of some hermit who had taken up his abode there. He was found guilty, and condemned to be executed on the 6th of August 1759, three days after his trial. While in his cell he confessed his guilt, and threw some light on the motives for his crime, by asserting that he had discovered a criminal intimacy between Clark and his own wife. On the night before his execution he made an unsuccessful attempt at suicide by opening the veins in his arm.

ARAMAIC LANGUAGES, a class of languages so called from Aram, a geographical term, which in old Semitic usage designates nearly the same districts as the Greek word Syria. Aram, however, does not include Palestine, while it comprehends Mesopotamia (Heb. Aram of two rivers), a region which the Greeks frequently distinguish from Syria proper. Thus the Aramaic languages may be geographically defined as the Semitic dialects originally current in Mesopotamia and the regions extending south-west from the Euphrates to Palestine. (See [Semitic Languages]; [Syriac]; [Targum].)

ARANDA, PEDRO PABLO ABARCA DE BOLEA, Count of (1719-1798), Spanish minister and general, was born at the castle of Siétamo, a lordship of his family near Huesca in Aragon, on the 1st of August 1719. The house of Abarca was very ancient, a fact of which Don Pedro, who never forgot that he was a “rico hombre” (noble) of Aragon, was deeply conscious. He was educated partly at Bologna and partly at the military school of Parma. In 1740 he entered the army as captain in the regiment “Castilla,” of which his father was proprietary colonel. On the death of his father he became colonel, and served in the Italian campaigns of the War of the Austrian Succession. In 1749 he married Doña Ana, daughter of the 9th duke of Hijar, by whom he had one son, who died young, and a daughter. During the following years he travelled and visited the camp of Frederick the Great, whose system of drill he admired and afterwards introduced into the Spanish army. After a short period of diplomatic service in Portugal, where his exacting temper made it impossible for him to agree with the premier, Pombal, he returned to Madrid, was made a knight of the Golden Fleece, and director-general of artillery—a post which he threw up, together with his rank of lieutenant-general, because he was not allowed to punish certain fraudulent contractors. The king, Ferdinand VI., exiled him to his estates, but Charles III. on his accession took him into favour. He was again employed in diplomacy, and then appointed to command an army against Portugal in 1763. In 1764 he was made governor of Valencia. When in 1766 the king was driven from his capital in a riot, he summoned Aranda to Madrid and made him president of the council, and captain-general of New Castile. Until 1773 Aranda was the most important minister in Spain. He restored order and aided the king most materially in his work of administrative reform. But his great achievements, which gave him a high reputation throughout Europe with the philosophical and anti-clerical parties, were his expulsion of the Jesuits, whom the king considered responsible for the riot of 1766, and the active part he took in the suppression of the order. Aranda had come much under foreign influence by his education and his travels, and had acquired the reputation of being a confirmed sceptic. By Voltaire and the Encyclopaedists he was erected into a hero from whom great things were expected. His ability, his remarkable capacity for work, and his popularity made him indispensable to the king. But he was a trying servant, for his temper was captious and his tongue sarcastic, while his aristocratic arrogance led him to display an offensive contempt for the golillas (the stiff collars), as he called the lawyers and public servants whom the king preferred to choose as ministers, and he permitted himself an amazing freedom of language with his sovereign. At last Charles III. sent him as ambassador to Paris in a disguised disgrace. Aranda held this position till 1787, but in Paris he was chiefly known for his oddities of manner and for perpetual wrangling with the French on small points of etiquette. He resigned his post for private reasons. In the reign of Charles IV., with whom he had been on familiar terms during the life of the old king, he was for a very short time prime minister in 1792. In reality he was merely used as a screen by the queen Maria Louisa and her favourite Godoy. His open sympathy with the French Revolution brought him into collision with the violent reaction produced in Spain by the excesses of the Jacobins, while his temper, which had become perfectly uncontrollable with age, made him insufferable to the king. After his removal from office he was imprisoned for a short time at Granada, and was threatened with a trial by the Inquisition. The proceedings did not go beyond the preliminary stage, and Aranda died at Epila on the 9th of January 1798.

See Don Jacobo de la Pezuela in the Revista de España, vol. xxv. (1872); Don Antonio Ma. Fabié, in the Diccionario general de politica y administration of Don E. Suarez Inclan (Madrid, 1868), vol. i.; M. Morel Fatio, Études sur l’Espagne (2nd series, Paris, 1890).

(D. H.)

ARAN ISLANDS, or South Aran, three islands lying across Galway Bay, on the west coast of Ireland, in a south-easterly direction, forming a kind of natural breakwater. They belong to the county Galway, and their population in 1901 was 2863. They are called respectively—beginning with the northernmost—Inishmore (or Aranmore), the Great Island; Inishmaan, the Middle Island; and Inisheer, the Eastern Island. The first has an elevation of 354 ft., the second of 259, and the third of 202. Their formation is carboniferous limestone. These islands are remarkable for a number of architectural remains of a very early date. In Inishmore there stand, on a cliff 220 ft. high, large remains of a circular cyclopean tower, called Dun-Aengus, ascribed to the Fir-bolg or Belgae; or, individually, to the first of three brothers, Aengus, Conchobar and Nil, who reached Aran Islands from Scotland in the 1st century A.D. There are seven other similar structures in the group. Inishmore also bears the name of Aran-na-naomh, Aran-of-the-Saints, from the number of religious recluses who took up their abode in it, and gave a celebrity to the holy wells, altars and shrines, to which many are still attracted. No less, indeed, than twenty buildings of ecclesiastical or monastic character have been enumerated in the three islands. On Inishmore are remains of the abbey of Killenda. Christianity was introduced in the 5th century, and Aran soon became one of the most famous island-resorts of religious teachers and ascetics. The extraordinary fame of the foundations here has been inferred from the inscription “VII. Romani” on a stone in the church Teampull Brecain on Inishmore, attributed to disciples from Rome. The total area of the islands is 11,579 acres. The Congested Districts Board made many efforts to improve the condition of the inhabitants, especially by introducing better methods of fishing. A curing station is established at Killeany, the harbour of Inishmore.

ARANJUEZ (perhaps the ancient Ara Jovis), a town of central Spain, in the province of Madrid, 30 m. S. of Madrid, on the left bank of the river Tagus, at the junction of the main southern railways to Madrid, and at the western terminus of the Aranjuez-Cuenca railway. Pop. (1900) 12,670. Aranjuez occupies part of a wide valley, about 1500 ft. above the sea. Its formal, straight streets, crossing one another regularly at right angles, and its uniform, two-storeyed houses were built in imitation of the Dutch style, under the direction of Jerónimo, marquis de Grimaldi (1716-1788), ambassador of Charles III. at the Hague. A rapid in the Tagus, artificially converted into a weir, renders irrigation easy, and has thus created an oasis in the midst of the barren plateau of New Castile. On every side the town is surrounded by royal parks and woods of sycamores, plane-trees and elms, often of extraordinary size. The prevalence of the dark English elms, first introduced into the country and planted here by order of Philip II. (1527-1598), gives to the Aranjuez district a character wholly distinct from that of other Spanish landscapes; and at an early period, despite the unhealthy climate, and especially the oppressive summer heat, which often approaches 100° F., Aranjuez became a favourite residence of the Spanish court. In the 14th and 15th centuries, the master of the Order of Santiago had a country seat here, which passed, along with the mastership, into the possession of the crown of Spain in 1522. Its successive occupants, from the emperor Charles V. (1500-1558) down to Ferdinand VII. (1784-1833), modified it according to their respective tastes. The larger palace was built by Pedro Caro for Philip V. (1683-1746), in the French style of the period. It overlooks the Jardin de la Isla, a beautiful garden laid out for Philip II. on an island in the Tagus, which forms the scene of Schiller’s famous drama Don Carlos. The Casa del Labrador, or Labourer’s Cottage, as it is called, is a smaller palace built by Charles IV. in 1803, and full of elaborate ornamentation. The chief local industry is farming, and an annual fair is held in September for the sale of live stock. Great attention is given to the rearing of horses and mules, and the royal stud used to be remarkable for the beauty of its cream-coloured breed. The treaty of 1772 between France and Spain was concluded at Aranjuez, which afterwards suffered severely from the French during the Peninsular War. Here, also, in 1808, the insurrection broke out which ended in the abdication of Charles IV.

For a fuller description of Aranjuez see D.S. Viñas y Rey, Aranjuez (Madrid, 1890); F. Nard, Guia de Aranjuez, su historia y descripcion (Madrid, 1851), (illustrated); Alvarez de Quindos, Descripcion historica del real basque y casa de Aranjuez (Madrid, 1804).

ARANY, JÁNOS (1817-1882), the greatest poet of Hungary after Petöfi, was born at Nagy-Szalontá on the 2nd of March 1817, the son of György Arany and Sara Mégyeri; his people were small Calvinist yeomen of noble origin, whose property consisted of a rush-thatched cottage and a tiny plot of land. An only son, late born, seeing no companions of his own age, hearing nothing but the voices of his parents and the hymns and prayers in the little Calvinist chapel, Arany grew up a grave and gentle, but by no means an ignorant child. His precocity was remarkable. At six years of age he went to school at Szalontá, where he read everything he could lay his hands upon in Hungarian and Latin. From 1832 to 1836 Arany was a preceptor at Kis-Ujszállás and Debreczen, still a voracious reader with a wider field before him, for he had by this time taught himself French and German. Tiring of the monotony of a scholastic life, he joined a troupe of travelling actors. The hardships he suffered were as nothing compared with the pangs of conscience which plagued him when he thought of the despair of his father, who had meant to make a pastor of this prodigal son, to whom both church and college now seemed for ever closed. At last he borrowed sixpence from the stage-manager and returned home, carrying all his property tied up in a handkerchief. Shortly after his home-coming his mother died and his father became stone-blind. Arany at once resolved that it was his duty never to leave his father again, and a conrectorship which he obtained at this time enabled them to live in modest comfort. In 1840 he obtained a notaryship also, and the same year married Juliana Ercsey, the penniless orphan daughter of an advocate. The next few happy years were devoted to his profession and a good deal of miscellaneous reading, especially of Shakespeare (he learnt English in order to compare the original with his well-thumbed German version) and Homer. Meanwhile the reactionaries of Vienna were goading the Magyar Liberals into revolt, and Arany found a safety-valve for his growing indignation by composing a satirical poem in hexameters, entitled “The Lost Constitution.” The Kisfaludy Society, the great literary association of Hungary, about this time happened to advertise a prize for the best satire on current events. Arany sent in his work, and shortly afterwards was awarded the 25-gulden prize (7th of February 1846) by the society, which then advertised another prize for the best Magyar epic poem. Arany won this also with his Toldi (the first part of the present trilogy), and immediately found himself famous. All eyes were instantly turned towards the poor country notary, and Petöfi was the first to greet him as a brother. In February of the following year Arany was elected a member of the Kisfaludy Society. In the memorable year 1848 the people of Szalontá elected him their deputy to the Hungarian parliament. But neither now nor subsequently (1861, 1869) would he accept a parliamentary mandate. He wrote many articles, however, in the gazette Népbarátja, an organ of the Magyar government, and served in the field as a national guard for eight or ten weeks. In 1849 he was in the civil service of the revolutionary government, and after the final catastrophe returned to his native place, living as best he could on his small savings till 1850, when Lajos Tisza, the father of Kálmán Tisza, the future prime minister, invited him to his castle at Geszt to teach his son Domokos the art of poetry. In the following year Arany was elected professor of Hungarian literature and language at the Nagy-Körös gymnasium. He also attempted to write another epic poem, but the time was not favourable for such an undertaking. The miserable condition of his country, and his own very precarious situation, weighed heavily upon his sensitive soul, and he suffered severely both in mind and body. On the other hand reflection on past events made clear to him not only the sufferings but the defects and follies of the national heroes, and from henceforth, for the first time, we notice a bitterly humorous vein in his writings. Thus Bolond Istók, the first canto of which he completed in 1850, is full of sub-acrid merriment. During his nine years’ residence at Nagy-Körös, Arany first seriously turned his attention to the Magyar ballad, and not only composed some of the most beautiful ballads in the language, but wrote two priceless dissertations on the technique of the ballad in general: “Something concerning assonance” (1854), and “On Hungarian National Versification” (1856).

When the Hungarian Academy opened its doors again after a ten years’ cessation, Arany was elected a member (15th of December 1858). On the 15th of July 1860 he was elected director of the revived Kisfaludy Society, and went to Pest. In November, the same year, he started Szépirodalmi Figyelö, a monthly review better known by its later name, Koszeru, which did much for Magyar criticism and literature. He also edited the principal publications of the society, including its notable translation of Shakespeare’s Dramatic Works, to which he contributed the Midsummer Night’s Dream (1864), Hamlet and King John (1867). The same year he won the Nádasdy prize of the Academy with his poem “Death of Buda.” From 1865 to 1879 he was the secretary of the Hungarian Academy.

Domestic affliction, ill-health and his official duties made these years comparatively unproductive, but he issued an edition of his collected poems in 1867, and in 1880 won the Karácsonyi prize with his translation of the Comedies of Aristophanes (1880). In 1879 he completed his epic trilogy by publishing The Love of Toldi and Toldi’s Evening, which were received with universal enthusiasm. He died suddenly on the 24th of October 1882. The first edition of his collected works, in 8 volumes, was published in 1884-1885.

Arany reformed Hungarian literature. Hitherto classical and romantic successively, like other European literatures, he first gave it a national direction. He compelled the poetry of art to draw nearer to life and nature, extended its boundaries and made it more generally intelligible and popular. He wrote not for one class or school but for the whole nation. He introduced the popular element into literature, but at the same time elevated and ennobled it. What Petöfi had done for lyrical he did for epic poetry. Yet there were great differences between them. Petöfi was more subjective, more individual; Arany was more objective and national. As a lyric poet Petöfi naturally gave expression to present moods and feelings; as an epic poet Arany plunged into the past. He took his standpoint on tradition. His art was essentially rooted in the character of the whole nation and its glorious history. His genius was unusually rich and versatile; his artistic conscience always alert and sober. His taste was extraordinarily developed and absolutely sure. To say nothing of his other great qualities, he is certainly the most artistic of all the Magyar poets.

See Posthumous Writings and Correspondence of Arany, edited by László Arany (Hung.), (Budapest, 1887-1889); article “Arany,” in A Pallas Nagy Lexikona, Kot 2 (Budapest, 1893); Mór Gaal, Life of János Arany (Hung.), (Budapest, 1898); L. Gyöngyösi, János Arany’s Life and Works (Hung.), (Budapest, 1901). Translations from Arany: The Legend of the Wondrous Hunt (canto 6 of Buda’s Death), by D. Butler (London, 1881); Toldi, poème en 12 chants (Paris, 1895); Dichtungen (Leipzig, 1880); Konig Buda’s Tod (Leipzig, 1879); Balladen (Vienna, 1886).

(R. N. B.)

ARAPAHO (possibly from the Pawnee for “trader”), a tribe of North American Indians of Algonquian stock. They formerly ranged over the central portion of the plains between the Platte and Arkansas. They were a brave, warlike, predatory tribe. With the Sioux and Cheyennes they waged unremitting warfare upon the Utes. The southern divisions of the tribe were placed (1867) on a reservation in the west of Indian Territory (now Oklahoma), while the northern are in western Wyoming. The southern section sold their reservations in 1892 and became American citizens. The Arapahos number in all some 2000.

See [Indians, North American]; H.R. Schoolcraft, History of the Indian Tribes of the United States (1851-1837, 6 vols.); Handbook of American Indians, ed. F.W. Hodge (Washington, 1907).

ARARAT (Armen. Massis, Turk. Egri Dagh, i.e. “Painful Mountain,” Pers. Koh-i-Nuh, i.e. “Mountain of Noah,”), the name given to the culminating point of the Armenian plateau which rises to a height of 17,000 ft. above the sea. The massif of Ararat rises on the north and east out of the alluvial plain of the Aras, here from 2500 ft. to 3000 ft. above the sea, and on the south-west sinks into the plateau of Bayezid, about 4500 ft. It is thus isolated on all sides but the north-west, where a col about 6900 ft. high connects it with a long ridge of volcanic mountains. Out of the massif rise two peaks, “their bases confluent at a height of 8800 ft., their summits about 7 m. apart.” The higher, Great Ararat, is “a huge broad-shouldered mass, more of a dome than a cone”; the lower, Little Ararat, 12,840 ft. on which the territories of the tsar, the sultan, and the shah meet, is “an elegant cone or pyramid, rising with steep, smooth, regular sides into a comparatively sharp peak” (Bryce). On the north and west the slopes of Great Ararat are covered with glittering fields of unbroken névé. The only true glacier is on the north-east side, at the bottom of a large chasm which runs into the heart of the mountain. The great height of the snow-line, 14,000 ft., is due to the small rainfall and the upward rush of dry air from the plain of the Araxes. The middle zone of Ararat, 5000-11,500 ft., is covered with good pasture, the upper and lower zones are for the most part sterile. Whether the tradition which makes Ararat the resting-place of Noah’s Ark is of any historical value or not, there is at least poetical fitness in the hypothesis, inasmuch as this mountain is about equally distant from the Black Sea and the Caspian, from the Mediterranean and the Persian Gulf. Another tradition—accepted by the Kurds, Syrians and Nestorians—fixes on Mount Judi, in the south of Armenia, on the left bank of the Tigris, near Jezire, as the Ark’s resting-place. There so-called genuine relics of the ark were exhibited, and a monastery and mosque of commemoration were built; but the monastery was destroyed by lightning in 776 A.D., and the tradition has declined in credit. Round Mount Ararat, however, gather many traditions connected with the Deluge. The garden of Eden is placed in the valley of the Araxes; Marand is the burial-place of Noah’s wife; at Arghuri, a village near the great chasm, was the spot where Noah planted the first vineyard, and here were shown Noah’s vine and the monastery of St James, until village and monastery were overwhelmed by a fall of rock, ice and snow, shaken down by an earthquake in 1840. According to the Babylonian account, the resting-place of the Ark was “on the Mountain of Nizir,” which some writers have identified with Mount Rowanduz, and others with Mount Elburz, near Teheran.

From the Armenian plateau, Ararat rises in a graceful isolated cone far into the region of perennial snow. It was long believed by the Armenian monks that no one was permitted to reach the “secret top” of Ararat with its sacred remains, but on the 27th of September 1829, Dr. Johann Jacob Parrot (1792-1840) of Dorpat, a German in the employment of Russia, set foot on the “dome of eternal ice.” Ararat has since been ascended by S. Aftonomov (1834 and 1843); M. Wagner and W.H. Abich (1845); J. Chodzko, N.W. Chanykov, P.H. Moritz and a party of Cossacks in the service of the Russian government (1850); Stuart (1856); Monteith (1856); D.W. Freshfield (1868); James Bryce (1876); A.V. Markov (1888); P. Pashtukhov and H.B. Lynch (1893). Mr Freshfield thus described the mountain:—“It stands perfectly isolated from all the other ranges, with the still more perfect cone of Little Ararat (a typical volcano) at its side. Seen thus early in the season (May), with at least 9000 ft. of snow on its slopes, from a distance and height well calculated to permit the eye to take in its true proportions, we agreed that no single mountain we know presented such a magnificent and impressive appearance as the Armenian Giant.” There are a number of glaciers in the upper portion, and the climate of the whole district is very severe. The greater part of the mountain is destitute of trees, but the lower Ararat is clothed with birches. The fauna and flora are both comparatively meagre.

Both Great and Little Ararat consist entirely of volcanic rocks, chiefly andesites and pyroxene andesites, with some obsidian. No crater now exists at the summit of either, but well-formed parasitic cones occur upon their flanks. There are no certain historic records of any eruption. The earthquake and fall of rock which destroyed the village of Arghuri in 1840 may have been caused by a volcanic explosion, but the evidence is unsatisfactory.

The name of Ararat also applies to the Assyrian Urardhu, the country in which the Ark rested after the Deluge (Gen. viii. 4), and to which the murderers of Sennacherib fled (2 Kings xix. 37; Isaiah xxxvii. 38). The name Urardhu, originally that of a principality which included Mount Ararat and the plain of the Araxes, is given in Assyrian inscriptions from the 9th century B.C. downwards to a kingdom that at one time included the greater part of the later Armenia. The native name of the kingdom was Biainas, and its capital was Dhuspas, now Van. The first king, Sarduris I. (c. 833 B.C.), subdued the country of the Upper Euphrates and Tigris. His inscriptions are written in cuneiform, in Assyrian, whilst those of his successors are in cuneiform, in their own language, which is neither Aryan nor Semitic. The kings of Biainas extended their kingdom eastward and westward, and defeated the Assyrians and Hittites. But Sarduris II. was overthrown by Tiglath Pileser III. (743 B.C.), and driven north of the Araxes, where he made Armavir, Armauria, his capital. Interesting specimens of Biainian art have been found on the site of the palace of Rusas II., near Van. Shortly after 645 B.C. the kingdom fell, possibly conquered by Cyaxares, and a way was thus opened for the immigration of the Aryan Armenians. The name Ararat is unknown to the Armenians of the present day. The limits of the Biblical Ararat are not known, but they must have included the lofty Armenian plateau which overlooks the plain of the Araxes on the north, and that of Mesopotamia on the south. It is only natural that the highest and most striking mountain in the district should have been regarded as that upon which the Ark rested, and that the old name of the country should have been transferred to it.

See also H.B. Lynch, Armenia (1901); Sayce, “Cuneiform Inscriptions of Lake Van,” in Journal of Royal Asiatic Society, vols. xiv., xx. and xxvi.; Maspero, Histoire ancienne des peuples de l’Orient classique, tome iii., Les Empires (Paris, 1899); J. Bryce, Transcaucasia and Ararat (4th ed., 1896); D.W. Freshfield, Travels in the Central Caucasus and Bashan (1869); Parrot, Reise zum Ararat (1834); Wagner, Reise nach dem Ararat (1848); Abich, Die Besteigung des Ararat (1849); articles “Ararat,” in Hastings’ Dictionary of the Bible, and the Encyclopaedia Biblica.

(C. W. W.)

ARARAT, a municipal town of Ripon county, Victoria, Australia, 130 m. by rail W.N.W. of Melbourne. Pop. (1901) 3580. It lies at an elevation of 1028 ft. towards the western extremity of the Great Dividing range. It is the commercial centre of the north-western grain and wool-producing district and is also noted for its quartz and alluvial gold-mines. Excellent wine is made, and flour-milling, leather-working, brick and candle making and soap-boiling are the chief industries. The district also yields the best timber in great quantity. Granite, bluestone, limestone and slate abound in the neighbourhood.

ARAROBA POWDER, a drug occurring in the form of a yellowish-brown powder, varying considerably in tint, which derives an alternative name—Goa powder—from the Portuguese colony of Goa, where it appears to have been introduced about the year 1852. The tree which yields it is the Andira Araroba of the natural order Leguminosae. It is met with in great abundance in certain forests in the province of Bahia, preferring as a rule low and humid spots. The tree is from 80 to 100 ft. high and has large imparipinnate leaves, the leaflets of which are oblong, about 1½ in. long and ¾ in. broad, and somewhat truncate at the apex. The flowers are papilionaceous, of a purple colour and arranged in panicles. The Goa powder or araroba is contained in the trunk, filling crevices in the heartwood. It is a morbid product in the tree, and yields to hot chloroform 50% of a substance known officially as chrysarobin, which has a definite therapeutic value and is contained in most modern pharmacopoeias. It occurs as a micro-crystalline, odourless, tasteless powder, very slightly soluble in either water or alcohol; it also occurs in rhubarb root. This complex mixture contains pure chrysarobin (C15H12O3), di-chrysarobin methylether (C30H23O7·OCH3), di-chrysarobin (C30H24O7). Chrysarobin is a methyl trioxyanthracene and exists as a glucoside in the plant, but is gradually oxidized to chrysophanic acid (a dioxy-methyl anthraquinone) and glucose. This strikes a blood-red colour in alkaline solutions, and may therefore cause much alarm if administered to a patient whose urine is alkaline. The British pharmacopoeia has an ointment containing one part of chrysarobin and 24 of benzoated lard.

Both internally and externally the drug is a powerful irritant. The general practice amongst modern dermatologists is to use only chrysophanic acid, which may be applied externally and given by the mouth in doses of about one grain in cases of psoriasis and chronic eczema. The drug is a feeble parasiticide, and has been used locally in the treatment of ringworm. It stains the skin—and linen—a deep yellow or brown, a coloration which may be removed by caustic alkali in weak solution.

ARAS, the anc. Araxes, and the Phasis of Xenophon (Turk. and Arab. Ras, Armen. Yerash, Georg. Rashki), a river which rises south of Erzerum, in the Bingeul-dagh, and flows east through the province of Erzerum, across the Pasin plateau, and then through Russian Armenia, passing between Mount Ararat and Erivan, and forming the Russo-Persian frontier. Its course is about 600 m. long; its principal tributary is the Zanga, which flows by Erivan and drains Lake Gokcha or Sevanga. It is a rapid and muddy stream, dangerous to cross when swollen by the melting of the snows in Armenia, but fordable in its ordinary state. It formerly joined the Kura; but in 1897 it changed its lower course, and now runs direct to the Kizil-agach Bay of the Caspian. On an island in its bed stood Artaxata, the capital of Armenia from 180 B.C. to A.D. 50.

ARASON, JON (1484-1551), Icelandic bishop and poet, became a priest about 1504, and having attracted the notice of Gottskalk, bishop of Holar, was sent by that prelate on two missions to Norway. In 1522 he succeeded Gottskalk in the see of Holar, but he was soon driven out by the other Icelandic bishop, Ogmund of Skalholt. His exile, however, was brief, and some years after his return he became involved in a dispute with his sovereign, Christian III., king of Denmark, because he refused to further the progress of Lutheranism in the island. Then in 1548, when a large number of the islanders had accepted the reformed doctrines, Arason and Ogmund joined their forces and attacked the Lutherans. Civil war broke out, and in 1551 the bishop of Holar and two of his sons were captured and executed. Arason, who was the last Roman Catholic bishop in Iceland, is celebrated as a poet, and as the man who introduced printing into the island.

ARATOR, of Liguria, a Christian poet, who lived during the 6th century. He was an orphan, and owed his early education to Laurentius, archbishop of Milan, and Ennodius, bishop of Pavia, who took great interest in him. After completing his studies, he practised with success as an advocate, and was appointed to an influential post at the court of Athalaric, king of the Ostrogoths. About 540, he quitted the service of the state, took orders and was elected sub-deacon of the Roman Church. He gained the favour of Pope Vigilius, to whom he dedicated his De Actibus Aposlolorum (written about 544), which was much admired in the middle ages. The poem, consisting of some 2500 hexameters, is of little merit, being full of mystical and allegorical interpretations and long-winded digressions; the versification, except for certain eccentricities in prosody, is generally correct.

Text by Hübner, 1850. See Leimbach, “Der Dichter Arator,” in Theologische Studien und Kritik (1873); Manitius, Geschichte der christlich-lateinischen Poesie (1891).

ARATUS, Greek statesman, was born at Sicyon in 271 B.C., and educated at Argos after the death of his father, at the hands of Abantidas, tyrant of Sicyon. When twenty years old Aratus delivered Sicyon from its tyrant by a bold coup de main. By enrolling it in the Achaean League (q.v.) he secured it against Macedonia, and with funds received from Ptolemy Philadelphus he pacified the returned exiles. Ever anxious to extend the league, in which after 245 he was general almost every second year, Aratus took Corinth by surprise (243), and with mingled threats and persuasion won over other cities, notably Megalopolis (233) and Argos (229), whose tyrants abdicated voluntarily. He fought successfully against the Aetolians (241), and in 228 induced the Macedonian commander to evacuate Attica. But when Cleomenes III. (q.v.) opened hostilities, Aratus sustained several reverses, and was badly defeated near Dyme (226 or 225). Rather than admit Cleomenes as chief of the league, where he might have upset the existing timocracy, Aratus opposed all attempts at mediation. As plenipotentiary in 224 he called in Antigonus Doson of Macedonia, and helped to recover Corinth and Argos and to crush Cleomenes at Sellasia, but at the same time sacrificed the independence of the league. In 220-219 the Aetolians defeated him in Arcadia and harried the Peloponnese unchecked. When Philip V. of Macedon came to expel these marauders, Aratus became the king’s adviser, and averted a treacherous attack on Messene (215); before long, however, he lost favour and in 213 was poisoned. The Sicyonians accorded him hero-worship as a “son of Asclepius.” To Aratus is due the credit of having made the Achaean League an effective instrument against tyrants and foreign enemies. But his military incapacity and his blind hatred of democratic reform went far to undo his work.

Polybius (ii.-viii.) follows the Memoirs which Aratus wrote to justify his statesmanship,—Plutarch (Aratus and Cleomenes) used this same source and the hostile account of Phylarchus; Paus. ii. 10; see Neumeyer, Aralos von Sikyon (Leipzig, 1886).

(M. O. B. C.)

ARATUS, of Soli in Cilicia, Greek didactic poet, a contemporary of Callimachus and Theocritus, was born about 315 B.C. He was invited (about 276) to the court of Antigonus Gonatas of Macedonia, where he wrote his most famous poem, Φαινόμενα (Appearances, or Phenomena). He then spent some time with Antiochus I. of Syria; but subsequently returned to Macedonia, where he died about 245. Aratus’s only extant works are two short poems, or two fragments of his one poem, written in hexameters; an imitation of a prose work on astronomy by Eudoxus of Cnidus, and Διοσημεῖα (on weather signs), chiefly from Theophrastus. The work has all the characteristics of the Alexandrian school of poetry. Although Aratus was ignorant of astronomy, his poem attracted the favourable notice of distinguished specialists, such as Hipparchus, who wrote commentaries upon it. Amongst the Romans it enjoyed a high reputation (Ovid, Amores, i. 15, 16). Cicero, Caesar Germanicus and Avienus translated it; the two last versions and fragments of Cicero’s are still extant. Quintilian (Instit. x. i, 55) is less enthusiastic. Virgil has imitated the Prognostica to some extent in the Georgics. One verse from the opening invocation to Zeus has become famous from being quoted by St Paul (Acts xvii. 28). Several accounts of his life are extant, by anonymous Greek writers.

Editio princeps, 1499; Buhle, 1793; Maass, 1893; Aratea (1892), Commentariorum in Aratum Reliquiae (1898), by the same. English translations: Lamb, 1848; Poste, 1880; R. Brown, 1885; Prince, 1895. On recently discovered fragments, see H.I. Bell, in Classical Quarterly, April 1907; also Berliner Klassikertexte, Heft v. 1, pp. 47-54.

ARAUCANIA, the name of a large territory of Chile, South America, S. of the Bio-bio river, belonging to the Araucanian Indians (see below) at the time of their independence of Spanish and Chilean authority. The loss of their political independence has been followed by that of the greater part of their territory, which has been divided up into the Chilean provinces of Arauco, Bio-bio, Malleco and Cautin, and the Indians, much reduced in number, now live in the wooded recesses of the three provinces last named.

ARAUCANIANS (or Auca), a tribal group of South American Indians in southern Chile (see above). Physically a fine race, their hardiness and bravery enabled them successfully to resist the Incas in the 15th century. Their government was by four toquis or princes, independent of one another, but confederates against foreign enemies. Each tetrarchy was divided into five provinces, ruled by five chiefs called apo-ulmen; and each province into nine districts, governed by as many ulmen, who were subject to the apo-ulmen, as the latter were to the toquis. These various chiefs (who all bore the title of ulmen) composed the aristocracy of the country. They held their dignities by hereditary descent in the male line, and in the order of primogeniture. The supreme power of each tetrarchy resided in a council of the ulmen, who assembled annually in a large plain. The resolutions of this council were subject to popular assent. The chiefs, indeed, were little more than leaders in war; for the right of private revenge limited their authority in judicial matters; and they received no taxes. Their laws were merely traditional customs. War was declared by the council, messengers bearing arrows dipped in blood being sent to all parts of the country to summon the men to arms. From the time of the first Spanish invasion (1535) the Araucanians made a vigorous resistance, and after worsting the best soldiers and the best generals of Spain for two centuries obtained an acknowledgment of their independence. Their success was due as much to their readiness in adopting their enemy’s methods of warfare as to their bravery. Realizing the inefficiency of their old missiles when opposed to musket balls, they laid aside their bows, and armed themselves with spears, swords or other weapons fitted for close combat. Their practice was to advance rapidly within such a distance of the Spaniards as would not leave the latter time to reload after firing. Here they received without shrinking a volley, which was certain to destroy a number of them, and then rushing forward in close order, fought their enemies hand to hand.

The Araucanians believe in a supreme being, and in many subordinate spirits, good and bad. They believe also in omens and divination, but they have neither temples nor idols, nor religious rites. Very few have become Roman Catholics. They believe in a future state, and have a confused tradition respecting a deluge, from which some persons were saved on a high mountain. They divide the year into twelve months of thirty days, and add five days by intercalation. They esteem poetry and eloquence, but can scarcely be induced to learn reading or writing.

The tribal divisions have little or no organization. Some 50,000 in number, they spend a nomad existence wandering from pasture to pasture, living in low skin tents, their herds providing their food. They still preserve their warlike nature, though in 1870 they formally recognized Chilean rule. In 1861 Antoine de Tounens (1820-1878), a French adventurer in Chile, proclaimed himself king of Araucania under the title of Orélie Antoine I., and tried to obtain subscriptions from France to support his enterprise. But his pretensions were ludicrous; he was quickly captured by the Chileans and sent back to France (1862) as a madman; and though he made one more abortive effort in 1874 to recover his “kingdom,” and occupied his pen in magnifying his achievements, nobody took him seriously except a few of the deluded Indians.

See Domeyko, Araucania y sus habitantes (Santiago, 1846); de Ginoux, “Le Chili et les Araucans,” in Bull, de la soc, de géogr. (1852); E.R. Smith, Araucamans (New York, 1855); J.T. Medina, Los aborjenes de Chile (Santiago, 1882); A. Polakowsky, Die heutigen Araukanen, Globus No. 74 (Brunswick, 1898).

ARAUCARIA, a genus of coniferous trees included in the tribe Araucarineae. They are magnificent evergreen trees, with apparently whorled branches, and stiff, flattened, pointed leaves, found in Brazil and Chile, Polynesia and Australia. The name of the genus is derived from Arauco, the name of the district in southern Chile where the trees were first discovered. Araucaria imbricata, the Chile pine, or “monkey puzzle,” was introduced into Britain in 1796. It is largely cultivated, and usually stands the winter of Britain; but in some years, when the temperature fell very low, the trees have suffered much. Care should be taken in planting to select a spot somewhat elevated and well drained. The tree grows to the height of 150 ft. in the Cordilleras of Chile. The cones are from 8 to 8½ in. broad, and 7 to 7½ in. long. The wood of the tree is hard and durable. This is the only species which can be cultivated in the open air in Britain. Araucaria brasiliana, the Brazil pine, is a native of the mountains of southern Brazil, and was introduced into Britain in 1819. It is not so hardy as A. imbricata, and requires protection during winter. It is grown in conservatories for half-hardy plants. Araucaria excelsa, the Norfolk Island pine, a native of Norfolk Island and New Caledonia, was discovered during Captain Cook’s second voyage, and introduced into Britain by Sir Joseph Banks in 1793. It cannot be grown in the open air in Britain, as it requires protection from frost, and is more tender than the Brazilian pine. It is a majestic tree, sometimes attaining a height of more than 220 ft. The scales of its cones are winged, and have a hook at the apex. Araucaria Cunninghami, the Moreton Bay pine, is a tall tree abundant on the shores of Moreton Bay, Australia, and found through the littoral region of Queensland to Cape York Peninsula, also in New Guinea. It requires protection in England during the winter. Araucaria Bidwilli, the Bunya-Bunya pine, found on the mountains of southern Queensland, between the rivers Brisbane and Burnett, at 27° S. lat., is a noble tree, attaining a height of 100 to 150 ft., with a straight trunk and white wood. It bears cones as large as a man’s head. Its seeds are very large, and are used as food by the natives. Araucaria Rulei, which is a tree of New Caledonia, attains a height of 50 or 60 ft. Araucaria Cookii, also a native of New Caledonia, attains a height of 150 ft. It is found also in the Isle of Pines, and in the New Hebrides. The tree has a remarkable appearance, due to shedding its primary branches for about five-sixths of its height and replacing them by a small bushy growth, the whole resembling a tall column crowned with foliage, suggesting to its discoverer, Captain Cook, a tall column of basalt.

ARAUCO, a coast province of southern Chile, bounded N., E. and S. by the provinces of Concepción, Bio-bio, Malleco and Cautin. Area, 2458 sq. m.; pop. (est. 1902) 70,635. The province originally covered the once independent Indian territory of Araucania (q.v.), but this was afterwards divided into four provinces. It is devoted largely to agricultural pursuits. The capital Lebú (pop. in 1902, 3178) is situated on the coast about 55 m. south of Conceptión, with which it is connected by rail.

ARAVALLI HILLS, a range of mountains in India, running for 300 m. in a north-easterly direction, through the Rajputana states and the British district of Ajmere-Merwara, situated between 24° and 27° 10′ N. lat., and between 72° and 75° E. long. They consist of a series of ridges and peaks, with a breadth varying from 6 to 60 m. and an elevation of 1000 to 3000 ft., the highest point being Mount Abu, rising to 5653 ft., near the south-western extremity of the range. Geologically they belong to the primitive formation—granite, compact dark blue slate, gneiss and syenite. The dazzling white effect of their peaks is produced, not by snow, as among the Himalayas, but by enormous masses of vitreous rose-coloured quartz. On the north their drainage forms the Luni and Sakhi rivers, which fall into the Gulf of Cutch. To the south, their drainage supplies two distinct river systems, one of which debouches in comparatively small streams on the Gulf of Cambay, while the other unites to form the Chambal river, a great southern tributary of the Jumna, flowing thence via the Ganges, into the Bay of Bengal on the other side of India. The Aravalli hills are for the most part bare of cultivation, and even of jungle. Many of them are mere heaps of sand and stone; others consist of huge masses of quartz. The valleys between the ridges are generally sandy deserts, with an occasional oasis of cultivation. At long intervals, however, a fertile tract marks some great natural line of drainage, and among such valleys Ajmere city, with its lake, stands conspicuous. The hills are inhabited by a very sparse population of Mhairs, an aboriginal race. For long these people formed a difficult problem to the British government. Previously to the British occupation of India they had been accustomed to live, almost destitute of clothing, by the produce of their herds, by the chase and by plunder. But Ajmere having been ceded to the East India Company in 1818, the Mhair country was soon afterwards brought under British influence, and the predatory instincts of the people were at the same time controlled and utilized by forming them into a Merwara battalion. As the peaceful results of British rule developed, and the old feuds between the Mhairs and their Rajput neighbours died out, the Mhair battalion was transformed into a police force. The Aravalli mountaineers strongly objected to this change, and pleaded a long period of loyal usefulness to the state. They were accordingly again erected into a military battalion and brought upon the roll of the British army. Under Lord Kitchener’s scheme of 1903 they were entitled the 50th Merwara Infantry. The Aravalli hills send off rocky ridges in a north-easterly direction through the states of Alwar and Jaipur, which from time to time reappear in the form of isolated hills and broken rocky elevations to near Delhi.

ARAWAK (“meal-eaters,” in reference to cassava, their staple food), a tribe of South American Indians of Dutch and British Guiana. The Arawaks have given their name to a linguistic stock of South America, the Arawakan, which includes many once powerful tribes. The Arawakans were once numerous, their tribes stretching from southern Brazil and Bolivia to Central America, occupying the whole of the West Indies and having settlements on the Florida seaboard. They were found by the Spaniards in Haiti and possibly in the Bahamas, but the Caribs had expelled them from most of the islands. The Arawaks proper were physically an undersized, weakly people, peaceable agriculturists, by far the most civilized of all Guiana peoples, being skilful weavers and workers in stone and gold. The chief tribes which may be called Arawakan are the Anti, Arawak, Barre, Goajiro, Guana, Manaos, Maneteneri, Maipuri, Maranho, Moxo, Passé, Piro and Taruma.

See Everard F. im Thurn, Among the Indians of Guiana (London, 1883).

ARBACES, according to Ctesias (Diodor. ii. 24 ff. 32), one of the generals of Sardanapalus, king of Assyria and founder of the Median empire about 830 B.C. But Ctesias’s whole history of the Assyrian and Median empires is absolutely fabulous; his Arbaces and his successors are not historical personages. From the inscriptions of Sargon of Assyria we know one “Arbaku Dynast of Arnashia” as one of forty-five chiefs of Median districts who paid tribute to Sargon in 713 B.C. See [Media]. (Ed. M.)

ARBE (Serbo-Croatian Rab), an island in the Adriatic Sea, forming the northernmost point of Dalmatia, Austria. Pop. (1900) 4441. Arbe is 13 m. long; its greatest breadth is 5 m. The capital, which bears the same name, is a walled town, remarkable, even among the Dalmatian cities, for its beauty. It occupies a steep ridge jutting out from the west coast. At the seaward end of this promontory is the 13th-century cathedral; behind which the belfries of four churches, at least as ancient, rise in a row along the crest of the ridge; while behind these, again, are the castle and a background of desolate hills. Many of the houses are roofless and untenanted; for, after five centuries of prosperity under Venetian or Hungarian rule, an outbreak of plague in 1456 swept away the majority of the townsfolk, and ruined the survivors. Some of the old palaces are, nevertheless, of considerable interest; one especially as the birthplace of the celebrated philosopher, Marc Antonio de Dominis. Fishing and agriculture constitute the chief resources of the islanders, whose ancient silk industry is still maintained. In 1018 the yearly tribute due to Venice was fixed at ten pounds of silk or five pounds of gold.

ARBELA (Arba‘il, i.e. “Four-god-city”), an ancient town in Adiabene, the capital in Assyrian and pre-Assyrian times of the country between the greater and lesser Zab, and seat of an important cult of Ishtar. The battle in which Alexander overthrew Darius in 331 B.C., though named in the old books after Arbela, was probably fought at Gaugamela, some 60 m. away (Yorck von Wartenburg, Kurze Übersicht der Feldzüge A. des Gr.). The modern town of Erbil or Arbil, in the vilayet of Mosul, is about 40 m. from Mosul on the road to Bagdad. The greater part of the town, which seems at one time to have been very large, is situated on an artificial mound about 150 ft. high. It became the seat of the Ayyubite sultan Saladin in 1184; was bequeathed in 1233 to the caliphs of Bagdad; was plundered by the Mongols in 1236 and in 1393 by Timur, and was taken in 1732 by the Persians under Nadir Shah. In the 14th century the Christians were almost exterminated. The population, which varies from 2000 to 6000, is chiefly composed of Kurds.

The ruins of another Arbela (Irbid, Beth-Arbel) in Palestine, situated near the west shore of the Sea of Galilee, a little north of its centre, are not in themselves of high interest, but the site is noteworthy through its connexion with the neighbouring caves in the lofty flank of the Wadi Hamam, above which Arbela stood. These caves (called by the Arabs Kulat ibn Ma‘an) are apparently natural, but were enlarged and fortified. They were used by the inhabitants of Arbela as a place of refuge from the army of Bacchides, general of Demetrius III., king of Syria, and were the resort of bandits in the reign of Herod the Great. He laid siege to them, and his men could only gain access to the caves by being let down from above. The caves were also fortified against the Romans by Josephus.

ARBER, EDWARD (1836-  ), English man of letters, was born in London on the 4th of December 1836. From 1854 to 1878 he was a clerk in the admiralty; from 1878 to 1881 lecturer on English, under Prof. H. Morley, at University College; and from 1881 to 1894 professor of English at Mason College, Birmingham. From 1894 he lived in London as emeritus professor, being also a fellow of King’s College. In 1905 he received the honorary degree of D. Litt. at Oxford. He married in 1869, and had two sons, one of them, E.A.N. Arber, becoming demonstrator in palaeobotany at Cambridge. As a scholarly editor Professor Arber’s services to English literature are memorable. His name is associated particularly with the series of “English Reprints” (1868-1880), by which an accurate text of the works of many English authors, formerly only accessible in rare or expensive editions, was placed within reach of the general public. Among the thirty volumes of the series were Gosson’s School of Abuse, Ascham’s Toxophilus, Tottel’s Miscellany, Naunton’s Fragmenta Regalia, &c. It was followed by the “English Scholar’s Library” (16 vols.) which included the Works (1884) of Captain John Smith, governor of Virginia, and the Poems (1882) of Richard Barnfield. In his English Garner (8 vols. 1877-1896) he made an admirable collection of rare old tracts and poems; in 1899-1901 he issued British Anthologies (10 vols.), and in 1907 began a series called A Christian Library. He also accomplished single-handed the editing of two vast, and invaluable, English bibliographies: A Transcript of the Registers of the Stationers’ Company, 1553-1640 (1875-1894), and The Term Catalogues, 1668-1709; with a number for Easter Term 1711 (1904-1906), edited from the quarterly lists of the booksellers.

ARBITRAGE, the term applied to the system of equalizing prices in different commercial centres by buying in the cheaper market and selling in the dearer. These transactions, or their converse, are mainly confined to stocks and shares, foreign exchanges and bullion; and are for the most part carried on between London and other European capitals and largely with New York. When prices in London are affected by financial or political causes, all other markets are sooner or later influenced, as London is the banking and financial centre for the commerce of the world. It may, however, also occur that some local event of importance initiates a rise or fall in a particular market which must ultimately affect other countries. For instance, a crisis in France would immediately depress all French securities, and by exciting the fears of capitalists would stimulate transfers of funds and raise all the exchanges against France.

In ordinary times those engaged in arbitrage operate with a very small margin of profit. The great improvement in postal, telegraphic and telephonic communication enables operators to close transactions with amazing rapidity, while competition reduces the margin of profit to a minimum. Operations in American stocks and shares are carried on between London and New York on a vast scale, while transactions in African mining shares are undertaken to a considerable extent between London and Paris. The frequent fluctuations in the prices of the latter securities offer a large and fruitful field to bold operators possessed of large resources, while those who have small means often succumb in a commercial crisis. As regards foreign exchange and bullion, arbitrage operators stand on a fairly safe foundation, the fluctuations being slight and involving little or no risk, although they yield a very small margin of profit. Arbitrage operations are for these reasons resorted to frequently by one country in supplying the requirements of another. The slightest advantage in any market is put to profit, and as the margin in ordinary exchange transactions is minute, the ability to operate in this cross fashion renders business possible, which would otherwise be impracticable. To give concrete instances of the working of arbitrage the following may be cited:—

On the 21st of May 1906 the exchange on London in Vienna was telegraphed from that city 24 kronen 4¾ cents; London, requiring to purchase remittances, found that Antwerp had some Vienna to sell, and arranged to buy there. The transactions worked out as follows:—The direct exchange in Antwerp on London being 25.25½, and Antwerp’s selling price of Vienna being 105 francs for 100 kronen, on dividing 25.25½ by 105 an exchange of 24.05¼ was obtained or ½ cent cheaper than the direct exchange between Vienna and London.

Again a portion of the proceeds of the Russian loan of 1906 had to be remitted to Berlin from Paris. Having exhausted local balances in Berlin, Paris on one side, and Berlin on the other, sought to prevent gold shipments from Berlin, and thus cause stringency in that money market. On the 21st of May 1906 Berlin was therefore seeking to sell Paris in London at 81.35 marks for 100 francs, and draw on London for the proceeds at 20.50. This transaction produced a parity between the exchanges of 25.20, which left a small margin in London.

Two instances of arbitrage of stocks are the following:—On the 24th of March 1906, Japanese exchequer bonds, series 2 and 3, were bought in Tokio at 93¼ and were paid for by telegraphic transfer at 243⁄8 pence per yen, and were sold in London the same day at 94 for payment on arrival of bonds. It took five weeks for the transmission of the bonds to London, where they were dealt in on the fixed basis of exchange, namely 24½ pence per yen. The London price works out thus:

to which must be added the loss of interest, as the firm in London paid cash on the 24th of March for the telegraphic transfer, and did not recover payment until the arrival of the bonds from Tokio five weeks later. The following is a computation of the transaction:—

This sum represents the net cost to the arbitrage house in London, and the money paid on the 28th of April left a profit of about 3⁄16%. The bonds being “to bearer” insurance was necessary for the safety in this, as in all similar transactions.

In the next example, however, this expense was unnecessary, the bonds being “inscribed.” On the 21st of May 1906 American Steel common shares were sold for cash in New York at 413⁄16 dollars per share, and were bought in London at 427⁄32 for the account day, May 31st. These figures are explained by the fact that transactions in the United States stocks and shares are on the fixed basis of five dollars per pound sterling, while as regards payments in New York the exchange varies daily. Railway shares are generally 100 dollars each. In the London market, however, five shares of 100 dollars would be £100 nominal. These shares, therefore, cost in London, at the purchase price of 427⁄32, £42 : 4 : 5. The money realized in New York for five shares at 413⁄16 was 205·93 dollars. A cheque on London was bought at 4 dollars 85¼ cents, realizing £42 : 8 : 9. It should be noted that the shares in these cases are generally lent by the New York correspondent, thus saving loss of interest. The resulting profit in this particular instance was 4s. 4d. for each five shares, divided between the London and New York arbitrage firms. Arbitrage operations with distant countries such as India are large and mainly profitable. Arbitrage with India consists chiefly in buying bills of exchange in London, such as India Council rupee bills amounting to about 16 millions sterling annually, and commercial bills drawn against goods exported to India. The counter-operation consists in purchasing in India, for short or long delivery, sterling bills drawn against exports to Great Britain of Indian produce, such as cotton, tea, indigo, jute and wheat. These operations greatly facilitate trade and the moving of produce from the interior of India to the seaports. Without this assistance Great Britain’s enormous trade could not be carried on, and she would have to revert to the primitive system of barter. The same advantages are afforded to her vast trade with China and Japan, with the material difference that the supply of government council bills is confined to the Indian trade. The balance of trade with all countries is generally settled by specie shipments; hence, with the Far East, silver and gold play an important part in arbitrage.

It will thus be seen that arbitrage fills a useful place in commerce; the profits are small because the competition is great; nevertheless huge transactions employing thousands of clerks result from this system.

The literature of the subject is extremely meagre. Lord Goschen’s Theory of Foreign Exchanges (London, 1866) is general and theoretical, but throws great light upon particular aspects of the philosophy of arbitrage, without touching specially on the details of the subject itself. The principal other works are: Kelly’s Cambist (1811, 1835); Otto Swoboda, Die kaufmannische Arbitrage (Berlin, 1873), and Borse und Actien (Cologne, 1869); Coquelin et Guillaumin, Dictionnaire de l’économie politique (Paris, 1851-1853); Ottomar Haupt, London Arbitrageur (London, 1870); Charles le Touzé, Traité théorique et pratique du change (Paris, 1868); Tate, Modern Cambist (London, 1868); Simon Spitzer, Ueber Munz- und Arbiragenrechnung (Vienna, 1872); J.W. Gilbart, Principles and Practice of Banking (London, 1871); G. Clare, The A B C of Foreign Exchanges (2nd ed., 1895); Money Market Primer and Key to the Exchanges (2nd ed., 1900); J. Pallain, Les Changes étrangers et les prix (Paris, 1905). (Sw.)

ARBITRATION (Lat. arbitrari, to examine or judge), a term derived from the nomenclature of Roman law, and applied to an arrangement for taking, and abiding by, the judgment of a selected person in some disputed matter, instead of carrying it to the established courts of justice. In disputes between states, arbitration has long played an important part (see [Arbitration, International]). The present article is restricted to arbitration under municipal law; but a separate article is also devoted to the use of arbitration in labour disputes (see [Arbitration and Conciliation]).

Roman Law.—Arrangements for avoiding the delay and expense of litigation, and referring a dispute to friends or neutral persons, are a natural practice, of which traces may be found in any state of society; but it is from Roman Law that we derive arbitration as a system which has found its way into the practice of European nations in general, and has even evaded the dislike of the English common lawyers to the civil law. The praetor, who had the arrangement of all trials or private suits and the formal appointment of judges for them, referred the great majority of such cases for decision to a judge who was styled usually judex but sometimes arbiter. The phrase judex arbiterve frequently occurs. The judex and the arbiter had the same functions, and apparently the only express basis for the distinction between the two words is that there might be several arbitri but never more than one judex in a cause. The term arbiter seems, however, to have been sometimes used when the referee had a certain degree of latitude, and was entitled to give weight to equitable considerations (Roby, Inst. Rom. Law, i. 318; Hunter, Roman Law (1897), p. 48; and see Cicero pro Rosc. Com. 4, ss. 10-13; Gaius, Inst. iv. s. 163). Apart from this system of compulsory reference by the praetor, Roman law recognized a voluntary reference (compromissum) to an arbiter or arbitrator by the parties themselves. The arbitrator ex compromisso sumptus had no coercive jurisdiction, and in order to make his award effective, the agreement of reference was confirmed by a stipulation and usually provided a penalty (poena, pecunia compromissa) in case of disobedience. The sum agreed on by way of penalty might be either specific or unliquidated, e.g. “whatever the matter may be worth” (Dig. iv., tit. 8, s. 28). The arbitrator ex compromisso sumptus, like the judicial arbiter, was expected to take account of equitable considerations in coming to a decision. If three arbitrators were appointed, a majority could decide; in case of two being appointed and not agreeing, the praetor would compel them to choose a third (Roby, ubi sup., i. 320, 321; Dig. iv., tit. 8, s. 17). As in English law, it was necessary that the award should cover all the points submitted (Dig. iv., tit. 8, s. 21).

Law of England.—The law of England as to arbitration is now practically summed up in the Arbitration Act of 1889. This statute is an express code as to proceedings in all arbitration, but “criminal proceedings by the crown” cannot be referred under it (ss. 13, 14). The statute subdivides its subject-matter into two headings. I. References by consent out of court; II. References under order of court.

(1) Here the first matter to be dealt with is the submission. A submission is defined as a written agreement (it need not be signed by both parties) to submit present or future differences to arbitration, whether a particular arbitrator is References by consent of the court. named in it or not. The capacity of a person to agree to arbitration, or to act as arbitrator, depends on the general law of contract. A submission by an infant is not void, but is voidable at his option (see [Infant]). A counsel has a general authority to deal with the conduct of an action, which includes authority to refer it to arbitration, but he has no authority to refer an action against the wishes of his client, or on terms different from those which his client has sanctioned; and if he does so, the reference may be set aside, although the limit put by the client on his counsel’s authority is not made known to the other side when the reference is agreed upon (Neale v. Gordon Lennox, 1902, A.C. 465). The committee of a lunatic, with the sanction of the judge in lunacy, may refer disputes to arbitration. As an arbitrator is chosen by the parties themselves the question of his eligibility is of comparatively minor importance; and where an arbitrator has been chosen by both parties, the courts are reluctant to set the appointment aside. This question has arisen chiefly in contracts, for works, which frequently contain a provision that the engineer shall be the arbitrator, in any dispute between the contractor and his own employer. The practical result is to make the engineer judge in his own cause. But the courts will not in such cases prevent the engineer from acting, where the contractor was aware of the facts when he signed the contract, and there is no reason to believe that the engineer will be unfair (Ives and Barker v. Willans, 1894, 2 Ch. 478). Even the fact that he has expressed an opinion on matters in dispute will not of itself disqualify him (Halliday v. Hamilton’s Trustees, 1903, 5 Fraser, 800). So, too, where a barrister was appointed arbitrator, the court refused to stop the arbitration on the mere ground that he was the client of a firm of solicitors, the conduct of one of whom was in question (Bright v. River Plate Construction Co., 1900, 2 Ch. 835).

Under the law prior to the act of 1889 (a) an agreement to refer disputes generally, without naming the arbitrators, was always irrevocable, and an action lay for the breach of it, although the court could not compel either of the parties to proceed under it; (b) an agreement to refer to a particular arbitrator was revocable, and if one of the parties revoked that particular arbitrator’s authority he could not be compelled to submit to it; (c) when, however, the parties had got their tribunal fixed, and were proceeding to carry out the agreement to refer, the act 9 and 10 Will. III. c. 15 provided that the submission might be made a rule of court, a provision which gave the court power to assist the parties in the trial of the case, and to enforce the award of the arbitrators; (d) the statute 3 and 4 Will. IV. c. 42 (s. 39) put an end to the power to revoke the authority of a particular arbitrator after the reference to him had been made a rule of court; and—a liability which existed also under the act of 9 and 10 Will. III. c. 15—any person revoking the appointment of an arbitrator after the submission had been made a rule of court might be attached. The Arbitration Act 1889 provides that a submission, unless a contrary intention is expressed in it, is irrevocable except by leave of the court or a judge, and is to have the same effect in all respects as if it had been made an order of court. The object of this enactment was to save the expense of making a submission a rule of court by treating it as having been so made, and it leaves the law in this position, that while the authority of an arbitrator, once appointed, is irrevocable, there is no power—any more than there was under the old law—to compel an unwilling party to proceed to a reference, except in cases specially provided for by sections 5 and 6 of the act of 1889. The former of these sections deals with the power of the court, the latter with the power of the parties to a reference, to appoint an arbitrator in certain circumstances. Section 5 provides that where a reference is to be to a single arbitrator, and all the parties do not concur in appointing one, or an appointed arbitrator refuses to act or becomes incapable of acting, or where the parties or two arbitrators fail, when necessary, to appoint an umpire or third arbitrator, or such umpire or arbitrator when appointed refuses to act, or becomes incapable of acting, and the default is not rectified after seven clear days’ notice, the court may supply the vacancy. Under section 6, where a reference is to two arbitrators, one to be appointed by each party, and either the appointed arbitrator refuses to act, or becomes incapable of acting, and the party appointing him fails, after seven clear days’ notice, to supply the vacancy, or such party fails, after similar notice, to make an original appointment, a binding appointment (subject to the power of the court to set it aside) may be made by the other party to the reference. The court may compel parties to carry out an arbitration, not only in the above cases by directly appointing an arbitrator, &c., or by allowing one appointed by a party to proceed alone with the reference, but also indirectly by staying any proceedings before the legal tribunals to determine matters which come within the scope of the arbitration. Where the agreement to refer stipulates that the submission of a dispute to arbitration shall be a condition precedent to the right to bring an action in regard to it, an action does not lie until the arbitration has been held and an award made, and it is usual in such cases not to apply for a stay of proceedings, but to plead the agreement as a bar to the action (Viney v. Bignold, 1887, 20 Q.B.D. 172). The court will refuse to stay proceedings where the subject-matter of the litigation falls outside the scope of the reference, or there is some serious objection to the fitness of the arbitrator, or some other good reason of the kind exists.

An arbitrator is not liable to be sued for want of skill or for negligence in conducting the arbitration (Pappa v. Rose, 1872, L.R. 7 C.P. 525). When a building contract provides that a certificate of the architect, showing the final balance due to the contractor, shall be conclusive evidence of the works having been duly completed, the architect occupies the position of an arbitrator, and enjoys the same immunity from liability for negligence in the discharge of his functions (Chambers v. Goldthorpe, 1901, 1 Q.B. 624). An arbitrator cannot be compelled to act unless he is a party to the submission.

An arbitrator (and the following observations apply mutatis mutandis to an umpire after he has entered on his duties) has power to administer oaths to, or take the affirmations of, the parties and their witnesses; and any person who wilfully and corruptly gives false evidence before him may be prosecuted and punished for perjury (Arbitration Act 1889, sched. i. and s. 22). At any stage in the reference he may, and shall if he be required by the court, state in the form of a special case for the opinion of the court any question of law arising in the arbitration. The arbitrator may also state his award in whole or in part as a special case (ib. s. 19), and may correct in an award any clerical mistake or error arising from an accidental slip or omission. The costs of the reference and the award—which, under sched. i. of the act, must be in writing, unless the submission otherwise provides—are in the arbitrator’s discretion, and he has a lien on the award and the submission for his fees, for which—if there is an express or implied promise to pay them—he can also sue (Crampton v. Ridley, 1887, 20 Q.B.D. 48). An arbitrator or umpire ought not, however, to state his award in such a way as to deprive the parties of their right to challenge the amount charged by him for his services; and accordingly where an umpire fixed for his award a lump sum as costs, including therein his own and the arbitrators’ fees, the award was remitted back to him to state how much he allotted to himself and how much to the arbitrators (in Re Gilbert v. Wright, 1904, 20 Times L.R. 164). But in the absence of evidence to show that the fees charged by arbitrators or umpire are extortionate, or unfair and unreasonable, the courts will not interfere with them (Llandrindod Wells Water Co. v. Hawksley, 1904, 20 Times L.R. 241).

If there is no express provision on the point in the submission, an award under the Arbitration Act 1889 must be made within three months after the arbitrator has entered on the reference, or been called upon to act by notice in writing from any party to the submission. The time may, however, be extended by the arbitrator or by the court. An umpire is required to make his award within one month after the original or extended time appointed for making the award of the arbitrators has expired, or any later day to which he may enlarge it. The court may by order remit an award to the arbitrators or umpire for reconsideration, in which case the reconsidered award must be made within three months after the date of the order.

An award must be intra vires: it must dispose of all the points referred; and it must be final, except as regards certain matters of valuation, &c. (see in Re Stringer and Riley Brothers, 1901, 1 K.B. 105). An award may, however, be set aside where the arbitrator has misconducted himself (an arbitrator may also be removed by the court on the ground of misconduct), or where it is ultra vires, or lacks any of the other requisites—above mentioned—of a valid award, or where the arbitrator has been wilfully deceived by one of the parties, or some such state of things exists. An award may, by leave of the court, be enforced in the same manner as a judgment or decree to the same effect. Under the Revenue Act 1906, s. 9, a uniform duty of ten shillings is payable on awards in England or Ireland, and on decreets arbitral in Scotland.

Provisions for the arbitration of special classes of disputes are contained in many acts of parliament, e.g. the Local Government Acts 1888, 1894, the Agricultural Holdings (England) Acts 1883 to 1906, the Small Holdings and Allotments Act 1907, the Light Railways Act 1896, the Housing of the Working Classes Act 1890, the Workmen’s Compensation Act 1906, &c.

The Conciliation Act 1896 provides machinery for the prevention and settlement of trade disputes, and in 1892 a chamber of arbitration for business disputes was established by the joint action of the corporation of the city of London and the London chamber of commerce. At the time when the London chamber of arbitration was established, there was considerable dissatisfaction among the mercantile community with the delays that occurred in the disposal of commercial cases before the ordinary tribunals. But the special provision made by the judges in 1895 for the prompt trial of commercial causes to a large extent destroyed the raison d’être of the chamber of arbitration, and it did not attain any great measure of success.

(2) The court or a judge may refer any question arising in any cause or matter to an official or special referee, whose report may be enforced like a judgment or order to the same effect. This power may be exercised whether References under order of court. the parties desire it or not. The official referees are salaried officers of court. The remuneration of special referees is determined by the court or judge. An entire action may be referred, if all parties consent, or if it involves any prolonged examination of documents, or scientific or local examination, or consists wholly or partly of matters of account.

Scots Law.—The Arbitration (Scotland) Act 1894, unlike the English Arbitration Act 1889, did not codify the previously existing law, and it becomes necessary, therefore, to deal with that law in some detail. It differs in important particulars from the law of England. Although (as in England apart from the Arbitration Act 1889) there is nothing to prevent a verbal reference, submissions are generally not merely written but are effected by deed. The deed of submission first defines the terms of the reference, the name or names of the arbiters or arbitrators, and the “oversman” or umpire, whose decision in the event of the arbiters differing in opinion is to be final. Formerly, where no oversman was named in the submission, and no power given to the arbiters to name one, the proceedings were abortive if the arbiters disagreed, unless the parties consented to a nomination. But under the Arbitration (Scotland) Act 1894, s. 4, here arbiters differ in opinion, they, or, if they fail to agree on the point, the court, on the application of either party, may nominate an oversman whose decision is to be final. The deed of submission next gives to the arbiters the necessary powers for disposing of the matters referred (e.g. powers to summon witnesses, to administer oaths and to award expenses), and specifies the time within which the “decreet arbitral” is to be pronounced. If this date is left blank, practice has limited the arbiter’s power of deciding to a year and a day, unless, having express or clearly implied power in the submission, he exercises this power, or the parties expressly or tacitly agree to its prorogation. The deed of submission then goes on to provide that the parties bind themselves, under a stipulated penalty to abide by the decreet arbitral, that, in the event of the death of either of them, the submission shall continue in force against their heirs and representatives, and that they consent to the registration, for preservation and execution, both of the deed itself and of the decreet arbitral. The power to enforce the award depends on this last provision. Under the common law of Scotland, a submission of future disputes or differences to an arbiter, or arbiters, unnamed, was ineffectual except where the agreement to refer did not contemplate the decision of proper disputes between the parties but the adjustment of some condition, or the liquidation of some obligation, contained in the contract of which the agreement to submit formed a part. And by the Arbitration (Scotland) Act 1894, s. 1, an agreement to refer to arbitration is not invalid by reason of the reference being to a person not named, or to be named by another, or to a person merely described as the holder for the time being of any office or appointment. An arbiter who has accepted office may be compelled by an action in court of session to proceed with his duty unless he has sufficient cause, such as ill-health or supervening interest, for renouncing. The court may name a sole arbiter, where provision is made for one only and the parties cannot agree (Arbitration [Scotland] Act 1894, s. 2); and may name an arbiter where a party having the right or duty to nominate one of two arbiters will not exercise it (ib. s. 3). Scots law as to the requisites of a valid award is practically identical with the law of England. The grounds of reduction of a decreet arbitral are “corruption,” “bribery,” “false hold” (Scots Act of Regulations 1695, s. 25). An attempt was made to include, under the expression “constructive corruption,” among these statutory grounds of reduction, irregular conduct on the part of an arbitrator, with no suggestion of any corrupt motive. But it was definitely overruled by the House of Lords (Adams v. Great North of Scotland Railway Co., 1891, A.C. 31). The statutory definition of the grounds of reduction was intended, however, merely to put an end to the practice which had previously obtained of reviewing awards on their merits, and it does not prevent the courts from setting aside an award where the arbitrator has exceeded his jurisdiction, or disregarded any one of the expressed conditions of the submission, or been guilty of misconduct. A private arbiter cannot demand remuneration except in virtue of contract, or by implication from the nature of the work done, or if the reference is in pursuance of some statutory enactment (e.g. the Lands Clauses [Scotland] Act 1845, s. 32).

Judicial References have been long known to the law of Scotland. When an action is in court the parties may at any stage withdraw it from judicial determination, and refer it to arbitration. This is done by minute of reference to which the court interpones its authority. When the award is issued it becomes the judgment of the court. The court has no power to compel parties to enter into a reference of this kind, and it is doubtful whether counsel can bind their clients in such a matter. A judicial reference falls like the other by the elapse of a year; and the court cannot review the award on the ground of miscarriage. By the Court of Session Act 1850, s. 50, a provision is introduced whereby parties to an action in the supreme court may refer judicially any issue for trial to one, three, five or seven persons, who shall sit as a jury, and decide by a majority.

Law of Ireland.—The Common Law Procedure Act (Ireland) 1856, which is incorporated by s. 60 of the Supreme Court of Judicature Act (Ireland) 1877, and thereby made applicable to all divisions of the High Court of Justice, provides, on the lines of the English Common Law Procedure Act 1854, for the conduct of arbitrations and the enforcement of awards. Irish statute law, like that of England and Scotland, contains numerous provisions for arbitration under special enactments.

Indian and Colonial Law.—The provisions of the English Arbitration Act 1889 have in substance been adopted by the Indian Legislature (see Act ix. of 1899), and by many of the colonies (see, e.g., Act No. 13 of 1895, Western Australia; No. 24 of 1898, Natal; c. 20 of 1899, Bahamas; No. 10 of 1895, Gibraltar; No. 29 of 1898, Cape of Good Hope: s. 7 of this last statute excludes from submission to arbitration criminal cases, so far as prosecution and punishment are concerned, and, without the special leave of the court, matters relating to status, matrimonial causes, and matters affecting minors or other perons under legal disability; Trinidad and Tobago, No. 35 of 1898).

United States.—The common law and statute law of the United States as to arbitration bear a general resemblance to the law of England.

All controversies of a civil nature, and any question of personal injury on which a suit for damages will lie, although it may also be indictable, may be referred to arbitration; but crimes, and perhaps actions on penal statutes by Voluntary submissions. common informers may not. The submission may be effected sometimes by parol, sometimes by written instrument, sometimes by deed or deed poll. Capacity to refer depends on the general law of contractual capacity. The law of England as to the capacity to act as an arbitrator and as to objections to an arbitrator on the ground of interest has been closely followed by the American courts. The same observation applies as to the requisites of an award, the mode of its enforcement and the grounds on which it will be set aside. The arbitrator has a lien on the award for his fees; and—a point of difference from the English law—he may sue for them without an express promise to pay (cf. Goodall v. Cooley, 1854, 29 New Hamp. 48). At common law, a submission is generally revocable at any time before award; and it is also, in the absence of stipulation to the contrary, revoked by the death of one of the parties. Provision has been made in Pennsylvania for compulsory arbitration by an act of the 16th of June 1836 (see Pepper and Lewis, Pennsylvania Digest, tit. “arbitration”).

The rules of court also of many of the states of the United States provide for reference through the intervention of References by rule of court. the court at any stage in the progress of a litigation. Such submissions are usually declared irrevocable by the rules providing for them.

In addition to voluntary submissions and references by rules of court there are in America, as in the United Kingdom, various statutes which provide for arbitration in particular cases. Most of these statutes are founded on the 9 and Statutory arbitrations. 10 Will. III., c. 15, and 3 and 4 Will. IV. c. 42, s. 49, “by which it is allowed to refer a matter in dispute (not then in court) to arbitrators, and agree that the submission be made a rule of court. This agreement, being proved on the oath of one of the witnesses thereto, is enforced as if it had been made at first a rule of court” (Bouvier, Law Dict. s.v. “Arbitration”).

Ample provision is made in America for the arbitration of labour disputes.

Law of France.—Voluntary arbitration has always been recognized in France. In cases of mercantile partnerships, arbitration was formerly compulsory; but in 1856 (law of the 17th of July 1856) jurisdiction in disputes between parties was conferred on the Tribunals of Commerce (as to which see Code de Commerce, arts. 615 et seq.), and arbitration at the present time is purely voluntary. The subject is very fully dealt with in the Code de Procédure Civile (arts. 1003-1028). The submission to arbitration (compromis) must, on pain of nullity, be acted upon within three months from its date (art. 1007). The submission terminates (i.) by the death, refusal, resignation or inability to act of one of the arbitrators; (ii.) by the expiration of the period agreed upon, or of three months if no time had been fixed; (iii.) by the disagreement of two arbitrators, unless power be reserved to them to appoint an umpire (art. 1012). An arbitrator cannot resign if he has once commenced to act, and can only be relieved on some ground arising subsequently to the submission (art. 1014). Each party to the arbitration is required to produce his evidence at least fifteen days before the expiration of the period fixed by the submission (art. 1016). If the arbitrators, differing in opinion, cannot agree upon an umpire (tiers arbitre), the president of the Tribunal of Commerce will appoint one, on the application of either party (art. 1017). The umpire is required to give his decision within one month of his acceptance of the appointment; before making his award, he must confer with the previous arbitrators who disagreed (art. 1018). Arbitrators and umpire must proceed according to the ordinary rules of law, unless they are specially empowered by the submission to proceed as amiables compositeurs (art. 1019). The award is rendered executory by an order of the president of the Civil Tribunal of First Instance (art. 1020). Awards cannot be set up against third parties (art. 1022), or attacked by way of opposition. An appeal against an award lies to the Civil Tribunal of First Instance, or to the court of appeal, according as the subject-matter, in the absence of arbitration, would have been within the jurisdiction of the justice of the peace, or of the Civil Tribunal of First Instance (art. 1023). In the manufacturing towns of France, there are also boards of umpires (Conseils de Prud’hommes) to deal with trade disputes between masters and workmen belonging to certain specified trades.

Other Foreign Laws.—The provisions of French law as to arbitration are in force in Belgium (Code de Proc. Civ., arts. 1003 et seq.); and a convention (8th of July 1899) between France and Belgium regulates, inter alia, the mutual enforcement of awards. The law of France has also been reproduced in substance in the Netherlands (Code of Civil Procedure, arts. 620 et seq.). The German Imperial Code of Procedure did not create any system of arbitration in civil cases. But this omission was supplied in Prussia by a law of the 29th of March 1879, which provided for the appointment, in each commune, of an arbitrator (Schiedsmann) before whom conciliation proceedings in contentious matters might be conducted. The procedure was gratuitous and voluntary; and the functions of the arbitrator were not judicial; he merely recorded the arrangement arrived at, or the refusal of conciliation. This law was followed in Brunswick by a law of the 2nd of July 1896, and in Baden by a law of the 16th of April 1886. In Luxemburg, compulsory arbitration in matters affecting commercial partnerships was abolished in 1879 (law of the 16th of April 1879). A system of conciliation, similar to the Prussian, exists in Italy (laws of the 16th of June 1892, and the 26th of December 1892) and in some of the Swiss cantons (law of the 29th of April 1883). Spain (Code of Civil Proc., arts. 1003-1028; Civil Code, arts. 1820-1821) and Sweden and Norway (law of the 28th of October 1887) have followed the French law. In Portugal, provision has been made for the creation in important industrial centres, on the application of the administrative corporations, of boards of conciliation (decrees of the 14th of August 1889, and the 18th of May 1893).

Authorities.—Russell, Arbitration (London, 1906); Annual Practice (London, yearly); Redman, Arbitration (London, 1897); Crewe, Arbitration Act of 1889 (London, 1898); Pollock, On Arbitrators (London, 1906). As to Scots law: Bell, On Arbitration (2nd ed., Edinburgh, 1877); Erskine, Principles (20th ed., Edinburgh, 1903). As to American law: Morse, Law of Arbitration (Boston, 1872). As to foreign law generally: the texts of the laws cited, and the Annuaire de législation étrangère.

(A. W. R.)

ARBITRATION, INTERNATIONAL. International arbitration is a proceeding in which two nations refer their differences to one or more selected persons, who, after affording to each party an opportunity of being heard, pronounce judgment on the matters at issue. It is understood, unless otherwise expressed, that the judgment shall be in accordance with the law by which civilized nations have agreed to be bound, whenever such law is applicable. Some authorities, notably the eminent Swiss jurist, J.K. Bluntschli, consider that unless this tacit condition is complied with, the award may be set aside. This would, however, be highly inconvenient since international law has never been codified. A fresh arbitration might have to be entered on to decide (1) what the law was, (2) whether it applied to the matter in hand. Arbitration differs from Mediation (q.v.) in so far as it is a judicial act, whereas Mediation involves no decision, but merely advice and suggestions to those who invoke its aid.

Arbitral Tribunals.—An international arbitrator may be the chief of a friendly power, or he may be a private individual. When he is an emperor, a king, or a president of a republic, it is not expected that he will act personally; he may appoint a delegate or delegates to act on his behalf, and avail himself of their labours and views, the ultimate decision being his only in name. In this respect international arbitration differs from civil arbitration, since a private arbitrator cannot delegate his office without express authority. The analogy between the two fails to hold good in another respect also. In civil arbitration, the decision or award may be made a rule of court, after which it becomes enforceable by writ of execution against person or property. An international award cannot be enforced directly; in other words it has no legal sanction behind it. Its obligation rests on the good faith of the parties to the reference, and on the fact that, with the help of a world-wide press, public opinion can always be brought to bear on any state that seeks to evade its moral duty. The obligation of an ordinary treaty rests on precisely the same foundations. Where there are two or any other even number of arbitrators, provision is usually made for an umpire (French sur-arbitre). The umpire may be chosen by the arbitrators themselves or nominated by a neutral power. In the “Alabama” arbitration five arbitrators were nominated by the president of the United States, the queen of England, the king of Italy, the president of the Swiss Confederation, and the emperor of Brazil respectively. In the Bering Sea arbitration there were seven arbitrators, two nominated by Great Britain, two by the United States, and the remaining three by the president of the French Republic, the king of Italy, and the king of Sweden and Norway respectively. In neither of these cases was there an umpire; nor was any necessary, since the decision, if not unanimous, lay with the majority. (See separate articles on [Bering Sea Arbitration] and [“Alabama” Arbitration].)

Arbitral tribunals may have to deal with questions either of law or fact, or of both combined. When they have to deal with law only, that is to say, to lay down a principle or decide a question of liability, their functions are judicial or quasi-judicial, and the result is arbitration proper. Where they have to deal with facts only, e.g. the evaluation of pecuniary claims, their functions are administrative rather than judicial, and the term commission is applied to them. “Mixed commissions,” so called because they are composed of representatives of the parties in difference, have been frequently resorted to for delimitation of frontiers, and for settling the indemnities to be paid to the subjects of neutral powers in respect of losses sustained by non-combatants in times of war or civil insurrection. The two earliest of these were nominated in 1794 under the treaty negotiated by Lord Grenville with Mr John Jay, commonly called the “Jay Treaty,” their tasks being (1) to define the boundary between Canada and the United States which had been agreed to by the treaty signed at Paris in 1783; (2) to estimate the amount to be paid by Great Britain and the United States to each other in respect of illegal captures or condemnation of vessels during the war of the American Revolution.

Although arbitrations proper may be thus distinguished from “mixed commissions,” it must not be supposed that any hard or fast theoretical line can be drawn between them. Arbitrators strictly so called may (as in the “Alabama” case) proceed to award damages after they have decided the question of liability; whilst “mixed commissions,” before awarding damages, usually have to decide whether the pecuniary claims made are or are not well founded.

Awards.—International awards, as already pointed out, differ from civil awards in having no legal sanction by which they can be enforced. On the other hand, they resemble civil awards in that they may be set aside, i.e. ignored, for sufficient reason, as, for example, if the tribunal has not acted in good faith, or has not given to each party an opportunity of being heard, or has exceeded its jurisdiction. An instance under the last head occurred in 1831, when it was referred to the king of the Netherlands as sole arbitrator to fix the north-eastern boundary of the state of Maine. The king’s representatives were unable to draw the frontier line by reason of the imperfection of the maps then in existence, and he therefore directed a further survey. This direction was beyond the terms of the reference, and the award, when made, was repudiated by the United States as void for excess. The point in dispute was only finally disposed of by the Webster-Ashburton treaty of 1842.

Subject-matter.—The history of international arbitration is dealt with in the article [Peace], where treaties of general arbitration are discussed, both those which embrace all future differences thereafter to arise between the contracting parties, and also those more limited conventions which aim at the settlement of all future differences in regard to particular subjects, e.g. commerce or navigation. The rapid growth of international arbitration in recent times may be gathered from the following figures. Between 1820 and 1840, there were eight such instances; between 1840 and 1860, there were thirty; between 1860 and 1880, forty-four; between 1880 and 1900, ninety. Of the governments which were parties in these several cases Great Britain heads the list in point of numbers, the United States of America being a good second. France, Portugal, Spain and the Netherlands are the European states next in order. The present article is concerned exclusively with arbitration in regard to such existing differences as are capable of precise statement and of prompt adjustment. These differences may be arranged in two main groups:—

(a) Those which have arisen between state and state in their sovereign capacities;

(b) Those in which one state has made a demand upon another state, ostensibly in its sovereign capacity, but really on behalf of some individual, or set of individuals, whose interests it was bound to protect.

To group (a) belong territorial differences in regard to ownership of land and rights of fishing at sea; to group (b) belong pecuniary claims in respect of acts wrongfully done to one or more subjects of one state by, or with the authority of, another state. To enumerate even a tenth part of the successful arbitrations in recent times would occupy too much space. Some prominent examples (dealt with elsewhere under their appropriate titles) are the dispute between the United States and Great Britain respecting the “Alabama” and other vessels employed by the Confederate government during the American Civil War (award in 1872); that between the same powers respecting the fur-seal fishery in Bering Sea (award in 1893); that between Great Britain and Venezuela respecting the boundary of British Guiana (award in 1899); that between Great Britain, the United States and Portugal respecting the Delagoa railway (award in 1900); that between Great Britain and the United States respecting the boundary of Alaska (award in 1903). The long-standing Newfoundland fishery dispute with France (finally settled in 1904) is dealt with under Newfoundland. Other examples are shortly noticed in the tables on p. 329, which although by no means exhaustive, sufficiently indicate the scope and trend of arbitration during the years covered. The cases decided by the permanent tribunal at the Hague established in 1900 are not included in these tables. They are separately discussed later.

The Hague Tribunal.—The establishment of a permanent tribunal at the Hague, pursuant to the Peace convention of 1899, marks a momentous epoch in the history of international arbitration. This tribunal realized an idea put forward by Jeremy Bentham towards the close of the 18th century, advocated by James Mill in the middle of the 19th century, and worked out later by Mr Dudley Field in America, by Dr Goldschmidt in Germany, and by Sir Edmund Hornby and Mr Leone Levi in England. The credit of the realization is due, in the first place, to the tsar of Russia, who initiated the Hague Conference of 1899, and, in the second place to Lord Pauncefote (then Sir Julian Pauncefote, British ambassador at Washington), who urged before a committee of the conference the importance of organizing a permanent international court, the service of which should be called into requisition at will, and who also submitted an outline of the mode in which such a court might be formed. The result was embodied in the following articles of the Convention, signed on behalf of sixteen of the assembled powers on the 29th of July 1899.

(Art. 23). Each of the signatory powers is to designate within three months from the ratification of the convention four persons at the most, of recognized competence in international law, enjoying the highest moral consideration, and willing to accept the duties of arbitrators. Two or more powers may agree to nominate one or more members in common, or the same person may be nominated by different powers. Members of the court are to be appointed for six years and may be re-nominated. (Art. 25). The signatory powers desiring to apply to the tribunal for the settlement of a difference between them are to notify the same to the arbitrators. The arbitrators who are to determine this difference are, unless otherwise specially agreed, to be chosen from the general list of members in the following manner:—each party is to name two arbitrators, and these are to choose a chief arbitrator or umpire (sur-arbitre). If the votes are equally divided the selection of the chief arbitrator is to be entrusted to a third power to be named by the parties. (Art. 26). The tribunal is to sit at the Hague when practicable, unless the parties otherwise agree. (Art. 27). “The signatory powers consider it a duty in the event of an acute conflict threatening to break out between two or more of them to remind these latter that the permanent court is open to them. This action is only to be considered as an exercise of good offices.” Several of the powers nominated members of the permanent court pursuant to Art. 25, quoted above, those nominated on behalf of Great Britain being Lord Pauncefote, Sir Edward Malet, Sir Edward Fry and Professor Westlake. On the death of Lord Pauncefote, Major-General Sir John C. Ardagh was appointed in his place.

Hague Cases.—(1) The first case decided by the Hague court was concerned with the “Pious Fund of the Californias.” A fund bearing this name was formed in the 18th century for the purpose of converting to the Catholic faith the native Indians of The pious fund of the Californias. Upper and Lower California, both of which then belonged to Mexico, and of maintaining a Catholic priesthood there. By a decree of 1842 this fund was transferred to the public treasury of Mexico, the Mexican government undertaking to pay interest thereon in perpetuity in furtherance of the design of the original donors. After the sale of Upper California to the United States, effected by the treaty of Guadalupe Hidalgo (1848), the Mexican government refused to pay the proportion of the interest to which Upper California was entitled. The question of liability was then referred to commissioners appointed by each state, and, on their failing to agree, to Sir Edward Thornton, British minister at Washington, who by his award, in 1875, found there was due from Mexico to Upper California, or rather to the bishops there as administrators of the fund, an arrear of interest amounting to nearly $100,000, which was directed to be paid in gold. This award was carried out, but payment of the current interest was again withheld as from the 24th of October 1868. Claim was thereupon made on Mexico by the United States on behalf of the bishops, but without success. Ultimately, in May 1902, an agreement was come to between the two governments which provided for the settlement of the dispute by the Hague tribunal. The points to be determined were (1) whether the matter was res judicata by reason of Sir E. Thornton’s award; (2) whether, if not, the claim for the interest was just. The arbitrators selected by the United States were Sir E. Fry and Professor F. de Martens, and by Mexico, Professor Asser and Professor de Savornin Lohman, both of Amsterdam. These four (none of whom, it will be observed, was of the nationality of either party in difference) chose for their umpire Professor Matzen, of Copenhagen, president of the Landsthing there. In October 1902, the court decided both questions in the affirmative, awarding the payment by Mexico of the annual sum claimed, not in gold, but en monnaie ayant cours légal au Mexique. The direction to pay in gold made by Sir E. Thornton was held to be referable only to the mode of the execution of the award, and therefore not to be chose jugée.

(2) The second arbitration before the Hague court was more important than the first, not only because so many of the great powers were concerned in it, but also because it brought about the discontinuance of acts of war. The facts may Great Britain, Germany and Italy versus Venezuela. be stated shortly thus. By three several protocols signed at Washington in February 1903, it was agreed that certain claims by Great Britain, Germany and Italy, on behalf of their respective subjects against the Venezuelan government should be referred to three mixed commissions, and that for the purpose of securing the payment of these claims 30 percent of the customs revenues at the ports of La Guayra and Puerto Caballo should be remitted in monthly instalments to the representative of the Bank of England at Caracas. Prior to the date of these protocols, an attempt had been made by Great Britain, Germany and Italy to enforce their claims by blockade, and a further question arose as between these three powers on the one hand, and the United States of America, France, Spain, Belgium, the Netherlands, Sweden and Norway, and Mexico (all of whom had claims against Venezuela, but had abstained from hostile action) on the other hand, as to whether the blockading powers were entitled to preferential treatment. By three several protocols signed in May 1903 this question was agreed to be submitted to the Hague court, three members of which were to be named as arbitrators by the tsar of Russia, but no arbitrator was to be a subject or citizen of any of the signatory or creditor powers. The arbitrators named by the tsar were M. Muraviev, minister of justice and attorney-general of the Russian empire; Professor Lammasch, member of the Upper House of the Austrian parliament; and M. de Martens, then member of the council of the ministry of foreign affairs at St Petersburg. The arbitrators by their award in February 1904 decided unanimously in favour of the blockading powers and ordered payment of their claims out of the 30% of the receipts at the two Venezuelan ports which had been set apart to meet them.

(3) The third case before the Hague court was heard in 1904-1905. A controversy not amenable to ordinary diplomatic methods arose between Great Britain, France and Germany on the one hand and Japan on the other hand as to the legality of a house-tax imposed by Japan on Great Britain, France and Germany versus Japan. certain subjects of those powers who held leases in perpetuity. The question upon the true construction of certain treaties between the European powers and Japan which had been made a few years previously. By three protocols signed at Tokyo in August 1902 this question was agreed to be submitted to arbitrators, members of the court at the Hague, one to be chosen by each party with power to name an umpire. The arbitrators chosen were M. Renault, professor of the law faculty in Paris, and M. Montono, the Japanese envoy to the French capital. They named as their umpire and president M. Gram, ex-minister of the state of Norway. In May 1905, an award was pronounced by the majority (M. Gram and M. Renault) in favour of the European contention, M. Montono dissenting both from the conclusion of his colleagues and from the reasons on which it was based.

(4) Barely two months had elapsed since the date of the last award when the Hague court was again called into requisition. The scene of dispute this time was on the S.E. coast of Arabia. Muscat, the capital of the kingdom of Oman on that coast, is ruled by a sultan, Great Britain and the French flag at Muscat. whose independence both Great Britain and France had, in March 1862, “reciprocally engaged to respect.” Notwithstanding this, the French republic had issued to certain native dhows, owned by subjects of the sultan, papers authorizing them to fly the French flag, not only on the Oman littoral but in the Red Sea. A question thereupon arose as to the manner in which the privileges thereby purported to be conferred affected the jurisdiction of the sultan over such dhows, the masters of which, as was alleged, used their immunity from search for the purpose of carrying on contraband trade in slaves, arms and ammunition. In October 1904 the two governments agreed to refer this question to the Hague court. Chief Justice Melville W. Fuller, of the Supreme Court of the United States, was named as arbitrator on the part of Great Britain, M. de Savornin Lohrnan, who had acted in the case of the Californias (No. 1), as arbitrator on the part of France. The choice of an umpire was entrusted to the king of Italy. He named Professor Lammasch, who, as we have seen, had acted in the arbitration with Venezuela in 1903.

A unanimous award was made in August 1905. It was held that although generally speaking every sovereign may decide to whom he will accord the right to fly his flag, yet in this case such right was limited by the general act of the Brussels conference of July 1890 relative to the African slave trade, an act which was ratified by France on the 2nd of June 1892; that accordingly the owners and master of dhows who had been authorized by France to fly the French flag before the last-named date retained this authorization so long as France chose to renew it, but that after that date such authorization was improper unless the guarantees could establish that they had been treated by France as her protégés within the meaning of that term as explained in a treaty of 1863 between France and Morocco. A further point decided was that the owners or master of dhows duly authorized to fly the French flag within the ruling of the first point, did not enjoy, in consequence of that fact, any such right of extra-territoriality as would exempt them from the sovereignty and jurisdiction of the sultan. Such exemption would be contrary to the engagement to respect the independence of the sultan solemnly made in 1862.

Arbitral Procedure.—Not the least of the benefits of the Hague convention of 1899 (strengthened by that of 1907) is that it contains rules of procedure which furnish a guide for all arbitrations whether conducted before the Hague court or not. These may be summarized as follows:—The initial step is the making by the parties of a special agreement clearly defining the subject of the dispute. The next is the choice of the arbitrators and of an umpire if the number of arbitrators is even. Each party then by its agents prepares and presents its case in a narrative or argumentative form, annexing thereto all relevant documents. The cases so presented are interchanged by transmission to the opposite party. The hearing consists in the discussion of the matters contained in the several cases, and is conducted under the direction of the president who is either the umpire, or, if there is no umpire, one of the arbitrators. The members of the tribunal have the right of putting questions to the counsel and agents of the parties and to demand from them explanation of doubtful points. The arbitral judgment is read out at a public sitting of the tribunal, the counsel and agents having been duly summoned to hear it. Any application for a revision of the award must be based on the discovery of new evidence of such a nature as to exercise a decisive influence on the judgment and unknown up to the time when the hearing was closed, both to the tribunal itself and to the party asking for the revision. These general rules are universally applicable, but each case may require that special rules should be added to them. These each tribunal must make for itself.

One special and necessary rule is in regard to the language to be employed. This rule must vary according to convenience and is therefore made ad hoc. In case No. 1 noted above, the court allowed English or French to be spoken according to the nationality of the counsel engaged. The judgment was delivered in French only. In case No. 2 it was agreed that the written and printed memoranda should be in English but might be accompanied by a translation into the language of the power on whose behalf they were put in. The oral discussion was either in English or French as happened to be convenient. The judgment was drawn up in both languages. In case No. 3 French was the official language throughout, but the parties were allowed to make any communication to the tribunal, in French, English, German or Japanese. In case No. 4 French was again the official language, but the counsel and agents of both parties were allowed to address the tribunal in English. The protocols and the judgment were drawn up in French accompanied by an official English translation.

Limits of International Arbitration.—Of the numerous treaties for general arbitration which have been made during the 20th century that between Great Britain and France (1903) is a type. This treaty contains reservations of all questions involving the vital interests, the independence or the honour of the contracting parties. The language of the reservation is open to more interpretations than one. What, for instance, is meant by the phrase “national independence” in this connexion? If it be taken in its strict acceptation of autonomous state sovereignty, the exception is somewhat of a truism. No self-respecting power would, of course, consent to submit to arbitration a question of life or death. This would be as if two men were to agree to draw lots as to which should commit suicide in order to avoid fighting a duel. On the other hand, if the exception be taken to exclude all questions which, when decided adversely to a state, impose a restraint on its freedom of action, then the exception would seem to exclude such a question as the true interpretation of an ambiguous treaty, a subject with which experience shows international arbitration is well fitted to deal. Again, we may ask, what is meant by the phrase “national honour”? It was thought at one time that the honour of a nation could only be vindicated by war, though all that had happened was the slighting of its flag, or of its accredited representative, during some sudden ebullition of local feeling. France once nearly broke off peaceful relations with Spain because her ambassador at London was assigned a place below the Spanish ambassador, and on another occasion she despatched troops into Italy because her ambassador at Rome had been insulted by the friends and partisans of the pope. The truth is that the extent to which national honour is involved depends on factors which have nothing to do with the immediate subject of complaint. So long as general good feeling subsists between two nations, neither will easily take offence at any discourteous act of the other. But when a deep-seated antagonism is concealed beneath an unruffled surface, the most trivial incident will bring it to the light of day. “Outraged national honour” is a highly elastic phrase. It may serve as a pretext for a serious quarrel whether the alleged “outrage” be great or small.

The prospects of the expansion of international arbitration will be more clearly perceived if we classify afresh all state differences under two heads:—(1) those which have a legal character, (2) those which have a political character. Under “legal differences” may be ranged such as are capable of being decided, when once the facts are ascertained, by settled, recognized rules, or by rules not settled nor recognized, but (as in the “Alabama” case) taken so to be for the purpose in hand. Boundary cases and cases of indemnity for losses sustained by non-combatants in time of war, of which several instances have already been mentioned, belong to this class. To the same class belong those cases in which the arbitrators have to adapt the provisions of an old treaty to new and altered circumstances, somewhat in the way in which English courts of justice apply the doctrine of “cy-près.” “Political differences” on the other hand, are such as affect states in their external relations, or in relation to their subjects or dependants who may be in revolt against them. Some of these differences may be slight, while others may be vital, or (which amounts to the same thing) may seem to the parties to be so. All differences falling under the first of these two general heads appear to be suitable for international arbitration. Differences falling under the second general head are, for the most part, unsuitable, and may only be adjusted (if at all) through the mediation of a friendly power.

The interesting problem of the future is—are we to regard this classification as fixed or as merely transitory? The answer depends on several considerations which can only be glanced at here. It may be that, just as the usages of civilized nations have slowly crystallized into international law, so there may come a time when the political principles that govern states in relation to each other will be so clearly defined and so generally accepted as to acquire something of a legal or quasi-legal character. If they do, they will pass the line which at present separates arbitrable from non-arbitrable matter. This is the juridical aspect of the problem. But there is also an economic side to it by reason of the conditions of modern warfare. Already the nations are groaning under the burdens of militarism, and are for ever diverting energies that might be employed in the furtherance of useful productive work to purposes of an opposite character. The interruption of maritime intercourse, the stagnation of industry and trade, the rise in the price of the necessaries of life, the impossibility of adequately providing for the families of those—call them reservists, “landwehr,” or what you will—who are torn away from their daily toil to serve in the tented field,—these are considerations that may well make us pause before we abandon a peaceful solution and appeal to brute force. Lastly, there is the moral aspect of the problem. In order that international arbitration may do its perfect work, it is not enough to set up a standing tribunal, whether at the Hague or elsewhere, and to equip it with elaborate rules of procedure. Tribunals and rules are, after all, only machinery. If this machinery is to act smoothly we must improve our motive power, the source of which is human passion and sentiment. Although religious animosities between Christian nations have died out, although dynasties may now rise and fall without raising half Europe to arms, the springs of warlike enterprise are still to be found in commercial jealousies, in imperialistic ambitions and in the doctrine of the survival of the fittest which lends scientific support to both. These must one and all be cleared away before we can enter on that era of universal peace towards the attainment of which the tsar of Russia declared, in his famous circular of 1898, the efforts of all governments should be directed. Meanwhile it is legitimate to share the hope expressed by President Roosevelt in his message to Congress of December 1905 that some future Hague conference may succeed in making arbitration the customary method of settling international disputes in all save the few classes of cases indicated above, and that—to quote Mr Roosevelt’s words—“these classes may themselves be as sharply defined and rigidly limited as the governmental and social development of the world will for the time being permit.”

Authorities.—Among special treatises are: Kamarowsky, Le Tribunal international (traduit par Serge de Westman) (Paris, 1887); Rouard de Card, Les Destinées de l’arbitrage international, depuis la sentence rendue par le tribunal de Genève (Paris, 1892); Michel Revon, L’Arbitrage international (Paris, 1892); Ferdinand Dreyfus, L’Arbitrage international (Paris, 1894) (where the earlier authorities are collected); A. Merignhac, Traité de l’arbitrage international (Paris, 1895); Le Chevalier Descamps, Essai sur l’organisation de l’arbitrage international (Bruxelles, 1896); Feraud-Giraud, Des Traités d’arbitrage international général et permanent, Revue de droit international (Bruxelles. 1897); Pasicrisie International, by Senator H. Lafontaine (Berne, 1902); Recueils d’actes et protocols de la cour permanente d’Arbitrage, Langenhuysen Frères, the Hague.

Of works in English there is a singular dearth. The most important is by an American, J.B. Moore, History of the International Arbitrations to which the United States has been a Party (Washington, 1898). The appendices to this work (which is in six volumes) contain, with much other matter of great value, full historical notes of arbitrations between other powers. Arbitration and mediation will be found briefly noticed in Phillimore’s International Law; in Sir Henry Maine’s Lectures, delivered in Cambridge in 1887; in W.E. Hall’s International Law, and more at length in an interesting paper contributed by John Westlake to the International Journal of Ethics, October 1896, which its author has reprinted privately. A London journal, The Herald of Peace and International Arbitration, issued some years ago a list of instances in which arbitration or mediation had been successfully resorted to during the 19th century. David Dudley Field, of New York, subsequently enlarged this list, which has been continued under the title International Tribunals, by Dr W. Evans Darby, and is published, along with the texts of several projects for general arbitration, at the offices of the Peace Society, 47 New Broad Street, London.

(M. H. C.)

ARBITRATION AND CONCILIATION. The terms “arbitration and conciliation” as employed in this article, are used to describe a group of methods of settling disputes between employers and work-people or among two or more sets of work-people, of which the common feature is the intervention of some outside party not directly affected by the dispute. If the parties agree beforehand to abide by the award of the third party, the mode of settlement is described as “arbitration.” If there be no such agreement, but the offices of the mediator are used to promote an amicable arrangement between the parties themselves, the process is described as “conciliation.” The third party may be one or more disinterested individuals, or a joint-board representative of the parties or of other bodies or persons.

The process here termed “arbitration” is rarely an arbitration in the strict legal sense of the term (at least in the United Kingdom), because of the defective legal personality of the associations or groups of individuals who are usually parties to labour disputes, and the consequent absence in the great majority of cases of a valid legal “submission” of the difference to arbitration. Whether or not trade unions of employers or workmen in the United Kingdom are capable of entering through their agents into contracts which are legally binding on their members it is fairly certain that the great majority of the agreements actually made by the representatives of employers and workmen to submit a dispute to the decision of a third party are of no legal force except as regards the actual signatories. Broadly speaking, therefore, the provisions of the Arbitration Act 1889, which consolidated the law relating to arbitration in general, would as a rule have no application to the settlement of collective disputes between employers and workmen, even if the act had not been expressly excluded by section 3 of the Conciliation Act of 1896 in the case of disputes to which that act applies. Besides the absence of a legal “submission,” labour arbitrations differ from ordinary arbitrations in the fact that the questions referred often (though by no means always) relate to the terms on which future contracts shall be made, whereas the vast majority of ordinary arbitrations relate to questions arising out of existing contracts. The defective “personality” of the parties to labour disputes also prevents the enforcement of an award by legal penalties. Since, however, difficulties of enforcement affect not only settlements arrived at by arbitration, but all agreements between bodies of employers and work-people with regard to the terms of employment, they are most appropriately considered at a later stage of this article.

The term “conciliation” is ordinarily used to cover a large number of methods of settlement, shading off in the one direction into “arbitration” and in the other into ordinary direct negotiation between the parties. In some cases conciliation only differs from arbitration in the absence of a previous agreement to accept the award. The German “Gewerbegerichten,” when dealing with labour disputes, communicate a decision to both parties, who must notify their acceptance or otherwise (see below). Some of the state boards in America take similar action. The conciliation boards established under the New Zealand Arbitration Act of 1894 (see below) make recommendations, though either side may decline to accept them and may appeal to the court of arbitration, which in that colony has compulsory powers. Most frequently, however, in Great Britain, the mediating party abstains from pronouncing a definite judgment of his own, but confines himself to friendly suggestions with a view of removing obstacles to an agreement between the parties. On the other hand, it is not easy to define how far the “outside party” must be independent of the parties to the dispute, in order that the method of settlement may be properly described as “conciliation.” There is a sense in which a friendly conversation between an employer or his manager and a deputation of aggrieved workmen is rightly described as “conciliation,” but such an interview would certainly not be covered by the term as ordinarily used at the present day. Again, when the parties are represented by agents (e.g. the officials of an employers’ association and of a trade union) the actual negotiators or some of them may not personally be affected by the particular dispute, and may often exercise some of the functions of the mediator or conciliator in a manner not clearly to be distinguished from the action of an outside party. It seems best, however, to exclude such negotiations from our purview so long as those between whom they are carried on merely act as the authorized agents for the parties affected. In the same way, a meeting arranged ad hoc between delegates of an employers’ association and a trade union, for the purpose of arranging differences as to the terms on which the members of the association shall employ members of the union is not usually classed as “conciliation,” unless the meeting is held in the presence of an independent chairman or conciliator, or in pursuance of a permanent agreement between the associations laying down the procedure for the settlement of disputes. If, however, the dispute is considered and arranged not by a casual meeting between two committees and deputations appointed ad hoc, but by a permanently organized “joint committee” or board with a constitution, rules of procedure and officers of its own, the process of settlement is by ordinary usage described as “conciliation,” even though the board be entirely representative of the persons engaged in the industry. Such joint boards, as will be seen, play a most important part in conciliation at the present day, and they almost always have attached to them some machinery for the ultimate decision by arbitration of questions on which they fail to agree. Another form of conciliation is that in which the mediating board represents a wider group of industries than those affected by the dispute (e.g. the London and other “district” boards referred to below). Moreover, in some of the most important cases of settlement of disputes by conciliation, the mediating party has not been a permanent board but a disinterested individual, e.g. the mayor, county court judge, government official or member of parliament. As will be seen below, the Conciliation Act now provides for the appointment of “conciliators” by the Board of Trade.

Voluntary trade boards, however (i.e. permanent joint boards representing employers and work-people in particular trades), are at once the most firmly established and the most important agencies in Great Britain for the prevention and settlement of labour disputes. Among the earliest of such bodies was the board of arbitration in the Macclesfield silk trade, formed in 1849, in imitation of the French “Conseils de Prud’hommes,” but which only lasted four years. The first board, however, which attained any degree of permanent success was that established for the hosiery and glove trade in Nottingham in 1860, through the efforts of A.J. Mundella. In 1864 a board was established in the Wolverhampton building trades, with Rupert Kettle as chairman, and in 1868 boards were formed for the pottery trade, the Leicester hosiery trade and the Nottingham lace trade. In 1869 there was formed one of the most important of the still existing boards, viz. the board of arbitration and conciliation in the manufactured iron and steel trades of the north of England, with which the names of Rupert Kettle, David Dale and others are associated. In 1872 and 1873 joint committees were formed in the Durham and Northumberland coal trades to deal with local questions. The Leicester boot and shoe trade board, the first of an elaborate system of local boards in this trade, was founded in 1875. From about 1870 onwards there was a great movement for the establishment of “sliding scales” in the coal and iron and steel trades, which by regulating wages automatically rendered unnecessary the settlement of general wages by conciliation or arbitration. These sliding scales, however, usually had attached to them joint committees for dealing with disputed questions. A sliding scale arranged by David Dale was attached to the manufactured iron trade board in 1871. A sliding scale for the Cleveland blast furnacemen came into force in 1879. Sliding scales were also adopted in the coal trade in many districts, e.g. South Wales (1875), Durham (1877) and Northumberland (1879). The movement was, however, followed by a reaction, and several of the sliding scales in the coal trade were terminated between 1887 and 1889. In 1902 the last surviving sliding scale in the coal trade, viz. in South Wales, ceased to exist and was replaced by a conciliation board.

The formation on a large scale of conciliation boards in the coal trade to fix the rate of wages dates from the great miners’ dispute of 1893, one of the terms of settlement agreed to at the conference held at the foreign office under Lord Rosebery being the formation of a conciliation board covering the districts affected. Northumberland followed in 1894, Durham in 1895, Scotland in 1900 and South Wales in 1903.

In 1907 an important scheme for the formation of conciliation boards for railway companies and their employees was adopted as the result of the action taken by the president of the Board of Trade to prevent a general strike of railway servants in that year. Under this scheme separate boards (sectional and general) were to be formed for the employees of each railway company which adhered to the scheme, with provision for reference in case of a deadlock to an umpire.

The first general district board to be formed was that established in London in 1890, through the London chamber of commerce, as a sequel to the Mansion House committee which mediated in the great London dock strike of 1889. The example was followed by several large towns, but the action taken by the boards in most of these provincial districts has been very limited.

In addition there are two boards composed of representatives of co-operators and trade-unionists for the settlement of disputes arising between co-operative societies and their employees.

The most typical form of machinery for the settlement of disputes by voluntary conciliation is a joint board consisting of equal numbers of representatives of employers and employed. The members of the board are usually Constitution and functions of voluntary conciliation boards. elected by the associations of employers and workmen, though in some cases (e.g. in the manufactured iron trade board) the workmen’s representatives are elected not by their trade union but by meetings of workmen employed at the various works. The chairman may be an independent person, or, more usually, a representative of the employers, the vice-chairman being a representative of the workmen. In the arbitration and conciliation boards in the boot and shoe trade, provision is made by which the chair may be occupied by representatives of the employers and workmen in alternate years. An independent chairman usually has a casting vote, which practically makes him an umpire in case of equal voting, but where there is no outside chairman there is often provision for reference of cases on which the board cannot agree to an umpire, who may either be a permanent officer of the board elected for a period of time (as in the case of several of the boards in the boot and shoe trade), or selected ad hoc by the board or appointed by some outside person or body. Thus the choice of the permanent chairman or umpire of the miners’ conciliation board, formed in pursuance of the settlement of the coal dispute of 1893 by Lord Rosebery, was left to the speaker of the House of Commons. The nomination of umpires under the Railway Agreement of 1907 was left to the speaker and the master of the rolls. Since the passing of the Conciliation Act, several conciliation boards have provided in their rules for the appointment of umpires by the Board of Trade.

Conciliation boards constituted as described above usually have rules providing that there shall always be equality of voting as between employer and workmen, in spite of the casual absence of individuals on one side or the other. In order to expedite business it is sometimes provided that all questions shall be first considered by a sub-committee, with power to settle them by agreement before coming before the full board. Boards of conciliation and arbitration conforming more or less to the above type exist in the coal, iron and steel, boot and shoe and other industries in the United Kingdom. A somewhat different form of organization has prevailed in the cotton-spinning trade (since the dispute of 1892-1893) and in the engineering trade (since the engineering dispute of 1897-1898). In these important industries there are no permanent boards for the settlement of general questions, but elaborate agreements are in force between the employers’ and workmen’s organizations which among other things prescribe the mode in which questions at issue shall be dealt with and if possible settled. In the first place, if the question cannot be settled between the employer and his workmen, it is dealt with by the local associations or committees or their officials, and failing a settlement in this manner, is referred to a joint meeting of the executive committees of the two associations. In neither agreement is there any provision for the ultimate decision of unsettled questions by arbitration. The agreement in the cotton trade is known as the “Brooklands Agreement,” and a large number of questions have been amicably settled under its provisions. In the building trade, it is very customary for the local “working rules,” agreed to mutually by employers and employed in particular districts, to contain “conciliation rules” providing for the reference of disputed questions to a joint committee with or without an ultimate reference to arbitration. Yet another form of voluntary board is the “district board,” consisting in most cases of representatives elected in equal numbers by the local chamber of commerce and trades council respectively. In the case, however, of the London Conciliation Board the workmen’s representatives are elected, twelve by specially summoned meetings of trade union delegates and two by co-optation. The functions of district boards are to deal with disputes in any trade which may occur within their districts, and of course they can only take action with the consent of both parties to the dispute, in this respect differing from the majority of “trade” boards, which, as a rule, are empowered by the agreement under which they are constituted to deal with questions on the application of either party. Another interesting type of board is that representing two or more groups of workmen and sometimes their employers, with the object of settling “demarcation” disputes between the groups of workmen (i.e. questions as to the limits of the work which each group may claim to perform). Examples of such boards are those representing shipwrights and joiners on the Clyde, Tyne and elsewhere. While the arrangements for voluntary conciliation and arbitration differ in this way in various industries, there is an equally wide variation in the character and range of questions which the boards are empowered to determine. For example, some boards in the coal trade (e.g. the conciliation boards in Northumberland and the so-called “Federated Districts”) deal solely with the general rate of wages. Others, e.g. the “joint committee” in Northumberland and Durham, confine their attention solely to local questions not affecting the counties as a whole. The Durham conciliation board deals with any general or county questions. This distinction between “general” and “local” questions corresponds nearly, though not entirely, to the distinction often drawn between questions of the terms of future employment and of the interpretation of existing agreements. Some conciliation boards are unlimited as regards the scope of the questions which they may consider. This was formerly the case with the boards in the boot and shoe trade, but under the “terms of settlement” of the dispute in 1895 drawn up at the Board of Trade, certain classes of questions (e.g. the employment of particular individuals, the adoption of piece-work or time-work, &c.) were wholly or partially withdrawn from their consideration, and any decision of a board contravening the “terms of settlement” is null and void. A special feature in the procedure for conciliation and arbitration in the boot and shoe trade, is the deposit by each party of £1000 with trustees, as a financial guarantee for the performance of agreements and awards. A certain class of conciliation boards, mostly in the Midland metal trades, were attached to “alliances” of employers and employed, having for their object the regulation of production and of prices (e.g. the Bedstead Trade Wages Board). None of these alliances, however, have survived.

At all events up to the year 1896, the development of arbitration and conciliation as methods of settling labour disputes in the United Kingdom was entirely independent of any legislation. Previously to the Conciliation Act of Legislation in the United Kingdom. 1896 several attempts had been made by parliament to promote arbitration and conciliation, but with little or no practical result, and the act of 1896 repealed all previous legislation on the subject, at the same time excluding the operation of the Arbitration Act of 1889 from the settlement of “any difference or dispute to which this act applies.” The laws repealed by the Conciliation Act need only a few words of mention. During the 18th century the fixing of wages by magistrates under the Elizabethan legislation gradually decayed, and acts of 1745 and 1757 gave summary jurisdiction to justices of the peace to determine disputes between masters and servants in certain circumstances, although no rate of wages had been fixed that year by the justices of the peace of the shire. These and other laws, relating specially to disputes in the cotton-weaving trade, were consolidated and amended by the Arbitration Act of 1824. This act seems chiefly to have been aimed at disputes relating to piece-work in the textile trades, though applicable to other disputes arising out of a wages contract. It expressly excluded, however, the fixing of a rate of wages or price of labour or workmanship at which the workmen should in future be paid unless with the mutual consent of both master and workmen. The act gave compulsory powers of settling the disputes to which it relates on application of either party to a court of arbitrators representing employers and workmen nominated by a magistrate. The award could be enforced by distress or imprisonment. The act was subsequently amended in detail, and by the “Councils of Conciliation” Act of 1867 power was given to the home secretary to license “equitable councils of conciliation and arbitration” equally representative of masters and workmen, who should thereupon have the powers conferred by the act of 1824. The act contains provisions for the appointment of conciliation committees, and other details which are of little interest seeing that the act was never put into operation. Another amendment of the act of 1824 was made by the Arbitration (Masters and Workmen) Act of 1872, which contemplated the conclusion of agreements between employers and employed, designating some board of arbitration by which disputes included within the scope of the former acts should be determined. A master or workman should be deemed to be bound by an agreement under the act, if he accepted a printed copy of the agreement and did not repudiate it within forty-eight hours. Like the previous legislation, however, the act of 1872 was inoperative. The evidence given before the Royal Commission on Labour (1891-1894) disclosed the existence of a considerable body of opinion in favour of some further action by the state for the prevention or settlement of labour disputes, and some impetus was given to the movement by the settlement through official mediation of several important disputes, e.g. the great coal-miners’ dispute of 1893 by a conference presided over by Lord Rosebery, the cab-drivers’ dispute of 1894 by the mediation of the home secretary (H.H. Asquith), and the boot and shoe trade dispute of 1895 by a Board of Trade conference under the chairmanship of Sir Courtenay Boyle. In these, and a few other less important cases, the intervention of the Board of Trade or other department took place without any special statutory sanction. The Conciliation Act passed in 1896 was framed with a view to giving express authorization to such action in the future.

This act is of a purely voluntary character. Its most important provisions are those of section 2, empowering the Board of Trade in cases “where a difference exists or is apprehended between any employer, or any class of employers, and workmen, or between different classes of workmen,” to take certain steps to promote a settlement of the difference. They may of their own initiative hold an inquiry or endeavour to arrange a meeting between the parties under a chairman mutually agreed on or appointed from the outside, and on the application of either party they may appoint a conciliator or a board of conciliation who shall communicate with the parties and endeavour to bring about a settlement and report their proceedings to the Board of Trade. On the application of both parties the Board of Trade may appoint an arbitrator. In all cases the Board of Trade has discretion as to the action to be taken, and there is no provision either for compelling the parties to accept their mediation or to abide by any agreement effected through their intervention. There are other provisions in the act providing for the registration of voluntary conciliation boards, and for the promotion by the Board of Trade of the formation of such boards in districts and trades in which they are deficient. During the first eleven years after the passage of the act the number of cases arising under section 2 (providing for action by the Board of Trade for the settlement of actual or apprehended disputes) averaged twenty-one per annum, and the number of settlements effected fifteen. In the remaining cases the Board of Trade either refused to entertain the application or failed to effect a settlement, or the disputes were settled between the parties during the negotiations. About three-quarters of the settlements were effected by arbitration and one-quarter by conciliation. A number of voluntary conciliation boards formed or reorganized since the passing of the act provide in their rules for an appeal to the Board of Trade to appoint an umpire in case of a deadlock. At least thirty-six trade boards are known to have already adopted this course. The figures given above show that the Conciliation Act of 1896 has not, like previous legislation, been a dead letter, though the number of actual disputes settled is small compared with the total number annually recorded.

Arbitration and conciliation in labour disputes as practised in the United Kingdom are entirely voluntary, both as regards the initiation and conduct of the negotiations and the carrying out of the agreement resulting therefrom, Proposals for compulsion. In all these respects arbitration, though terminating in what is called a binding award, is on precisely the same legal footing as conciliation, which results in a mutual agreement. Various proposals have been made (and in some cases carried into effect in certain countries) for introducing an element of compulsion into this class of proceeding. There are three stages at which compulsion may conceivably be introduced, (1) The parties may be compelled by law to submit their dispute to some tribunal or board of conciliation; (2) the board of conciliation or arbitration may have power to compel the attendance of witnesses and the production of documents; (3) the parties may be compelled to observe the award of the board of arbitration. The most far-reaching schemes of compulsory arbitration in force in any country are those in force in New Zealand and certain states in Australia. Bills have been introduced into the British House of Commons for clothing voluntary boards of conciliation and arbitration, under certain conditions, with powers to require attendance of witnesses and production of documents, without, however, compelling the parties to submit their disputes to these boards or to abide by their decisions. In the United Kingdom, however, more attention has recently been given to the question of strengthening the sanction for the carrying out of awards and agreements than of compelling the parties to enter into such arrangements. An interesting step towards the solution of the difficulty of enforcement in certain cases is perhaps afforded by the provisions of the terms of settlement of the dispute in the boot and shoe trade drawn up at the Board of Trade in 1895. Under this agreement £1000 was deposited by each party with trustees, who were directed by the trust-deed to pay over to either party, out of the money deposited by the other, any sum which might be awarded as damages by the umpire named in the deed, for the breach of the agreement or of any award made by an arbitration board in consonance with it. Very few claims for damages have been sustained under this agreement. Nevertheless it cannot be doubted that the pecuniary liability of the parties has given stability to the work of the local arbitration boards, and the satisfaction of both sides with the arrangement is shown by the fact that the trust-deed which lapsed in 1900 has been several times renewed by common agreement for successive periods of two years, and is now in force for an indefinite period subject to six months’ notice from either side. Theoretically a trust-deed of this kind can only offer a guarantee up to the point at which the original deposit on one side or the other is exhausted, as it is impossible to compel either party to renew the deposit. A proposal was made by the duke of Devonshire and certain of his colleagues on the Royal Commission on Labour for empowering associations of employers and employed to acquire, if they desired it, sufficient legal personality and corporate character to enable them to sue each other or their own members for breach of agreement. This would give the association aggrieved by a breach of award the power of suing the defaulting organization to recover damages out of their corporate funds, while each association could exact penalties from its members for such a breach. For this reason the suggestion has met with a good deal of support by many interested in arbitration and conciliation, but has been steadily opposed by representatives of the trade unions.

The question is not free from difficulties. The object of the change would be to convert what are at present only morally binding understandings into legally enforceable contracts. But apart from the possibility that some of such contracts would be held by the courts to be void as being “in restraint of trade,” the tendency might be to give a strict legal interpretation to working agreements which might deprive them of some of their effectiveness for the settlement of the conditions of future contracts between employers and workmen, while possibly deterring associations from entering into such agreements for fear of litigation. Individuals, moreover, could avoid liability by leaving their associations. In practice the cases of repudiation or breach of an award or agreement are not common. In countries like New Zealand, where the parties are compelled to submit their differences to arbitration, some of the above objections do not apply.

The following statistics are based on the reports of the Labour department of the Board of Trade. The number of boards of conciliation and arbitration known to be in existence in the United Kingdom is nearly 200, but a good many of Statistics of existing agencies. these do little or no active work. Only about one-third of these boards deal with actual cases in any one year, the active boards being mainly connected with mining, iron and steel, engineering and shipbuilding, boot and shoe and building trades. During the ten years 1897-1906 the total number of cases considered by these boards averaged about 1500 annually, of which they have settled about half, the remainder having been withdrawn, referred back or otherwise settled. About three-quarters of the cases settled were determined by the boards themselves and only one-quarter by umpires. The great majority of the cases settled were purely local questions. Thus more than half the total were dealt with by the “joint committees” in the Northumberland and Durham coal trades, which confine their action to local questions, such as fixing the “hewing prices” for new seams. The great majority of the cases settled did not actually involve stoppage of work, the most useful work of these permanent boards being the prevention rather than the settlement of strikes and lockouts. A certain number of disputes are settled every year by the mediation or arbitration of disinterested individuals, e.g. the local mayor or county court judge.

The extent to which the methods of arbitration and conciliation can be expected to afford a substitute for strikes and lockouts is one on which opinions differ very widely. The difficulties arising from the impossibility of enforcing Future scope and limits. agreements or awards by legal process have already been discussed. Apart from these, however, it is evident that both methods imply that the parties, especially the work-people, are organized at least to the extent of being capable of negotiating through agents. In some industries (e.g. agriculture or domestic service) this preliminary condition is not satisfied; in others the men’s leaders possess little more than consultative powers, and employers may hesitate to deal either directly or through a third party with individuals or committees who have so little authority over those whom they claim to represent. And even where the trade organizations are strong, some employers refuse in any way to recognize the representative character of the men’s officials. The question of the “recognition” of trade unions by employers is a frequent cause of disputes (see [Strikes and Lock-outs].) It may be observed, however, that it often occurs that in cases in which both employers and employed are organized into associations which are accustomed to deal with each other, one or both parties entertain a strong objection to the intervention of any outside mediator, or to the submission of differences to an arbitrator. Thus the engineering employers in 1897 were opposed to any outside intervention, though ready to negotiate with the delegates chosen by the men. On the other hand, the cotton operatives have more than once opposed the proposal of the employers to refer the rate of wages to arbitration, and throughout the great miners’ dispute of 1893 the opposition to arbitration came from the men. Naturally, the party whose organization is the stronger is usually the less inclined to admit outside intervention. But there have also been cases in which employers, who refused to deal directly with trade union officials, have been willing to negotiate with a mediator who was well known to be in communication with these officials, e.g. in the case of the Railway Settlement of 1907.

Apart, however, from the disinclination of one or both parties to allow of any outside intervention, we have to consider how far the nature of the questions in dispute may in any particular case put limits to the applicability of conciliation or arbitration as a method of settlement. Since conciliation is only a general term for the action of a third party in overcoming the obstacles to the conclusion of an agreement by the parties themselves, there is no class of questions which admit of settlement by direct negotiation which may not equally be settled by this method, provided of course that there is an adequate supply of sufficiently skilful mediators. As regards arbitration the case is somewhat different, seeing that in this case the parties agree to be bound by the award of a third party. For the success of arbitration, therefore, it is important that the general principles which should govern the settlement of the particular question at issue should be admitted by both sides. Thus in the manufactured iron trade in the north of England, it has throughout been understood that wages should depend on the prices realized, and the only question which an arbitrator has usually had to decide has been how far the state of prices at the time warranted a particular change of wage. On the other hand, there are many questions on which disputes arise (e.g. the employment of non-union labour, the restriction of piece-work, &c.) on which there is frequently no common agreement as to principles, and an arbitrator may be at a loss to know what considerations he is to take into account in determining his award. Generally speaking, employers are averse from submitting to a third party questions involving discipline and the management of their business, while in some trades workmen have shown themselves opposed to allowing an arbitrator to reduce wages beyond a certain point which they wish to regard as a guaranteed “minimum.”

Another objection on the part of some employers and workmen to unrestricted arbitration is its alleged tendency to multiply disputes by providing an easy way of solving them without recourse to strikes or lock-outs, and so diminishing the sense of responsibility in the party advancing the claims. It is also sometimes contended that arbitrators, not being governed in their decisions by a definite code of principles, may tend to “split the difference,” so as to satisfy both sides even when the demands on one side or the other are wholly unwarranted. This, it is said, encourages the formulation of demands purposely put high in order to admit of being cut down by an arbitrator. One of the chief practical difficulties in the way of the successful working of permanent boards of conciliation, consisting of equal numbers of employers and employed, with an umpire in case of deadlock, is the difficulty of inducing business men whose time is fully occupied to devote the necessary time to the work of the boards, especially when either side has it in its power to compel recourse to the umpire, and so render the work of the conciliation board fruitless. In spite of all these difficulties the practice of arranging differences by conciliation and arbitration is undoubtedly spreading, and it is to be remembered that even in cases in which theoretically a basis for arbitration can scarcely be said to exist, recourse to that method may often serve a useful purpose in putting an end to a deadlock of which both parties are tired, though neither cares to own itself beaten.

New Zealand.—The New Zealand Industrial Conciliation and Arbitration Act 1894 is important as the first practical attempt of any importance to enforce compulsory arbitration in trade disputes. The original act was amended by several subsequent measures, and the law has been more than once consolidated. The law provides for the incorporation of associations of employers or workmen under the title of industrial unions, and for the creation in each district of a joint conciliation board, elected by these industrial unions, with an impartial chairman elected by the board, to which a dispute may be referred by any party, a strike or lock-out being thenceforth illegal. If the recommendation of the conciliation board is not accepted by either party, the matter goes to a court of arbitration consisting of two persons representing employers and workmen respectively, and a judge of the supreme court. Up to 1901 disputes were ordinarily required to go first to a board of conciliation except by agreement of the parties, but now either party may carry a dispute direct to the arbitration court. The amendment was adopted because it was found in practice that the great majority of cases went ultimately to the arbitration court, and conciliation board proceedings were often mere waste of time. The award of the court is enforceable by legal process, financial penalties up to £500 being recoverable from defaulting associations or individuals. If the property of an association is insufficient to pay the penalty, its members are individually liable up to £10 each. It is the duty of factory inspectors to see that awards are obeyed. The law provides for the extension of awards to related trades, to employers entering the industry hereafter, and in some cases to a whole industry.

The above is only an outline of the principal provisions of this law, under which questions of wages, hours and the relations of employers and workmen generally in New Zealand (q.v.) industries became practically the subject of state regulation. The act must more properly be judged as a measure for the state regulation of industry, but as a method of putting an end to labour disputes its success has only been partial.

Australia.—The laws which are practically operative in Australia with respect to arbitration and conciliation are all based with modifications on the New Zealand system. The first compulsory arbitration act passed in Australia was the New South Wales Act of 1901. The principal points of difference between this and the New Zealand act are that the conciliation procedure is entirely omitted, the New South Wales measure being purely an arbitration act. The arbitration court has greater power over unorganized trades than in New Zealand, and the scope of its awards is greatly enlarged by its power to declare any condition of labour to be common rule of an industry, and thus binding on all existing and future employers and work-people in that industry. In Western Australia laws were passed in 1900 and 1902 which practically adopted the New Zealand legislation with certain modifications in detail.

In 1904 the commonwealth of Australia passed a compulsory arbitration law based mainly on those in force in New Zealand and New South Wales, and applicable to disputes affecting more than one Australian state. The arbitration court is empowered to require any dispute within its cognizance to be referred to it by the state authority proposing to deal with it. There are other Australian laws which, though unrepealed (e.g. the South Australian Act of 1894), are a dead-letter. Generally speaking, the Australasian laws on arbitration and conciliation are more stringent and far-reaching than any others in the world.

Canada.—In 1900 a conciliation act was passed by the Dominion parliament resembling the United Kingdom act in most of its features, and in 1903 the Canadian Railway Labour Disputes Act made special provision for the reference of railway disputes to a conciliation board and (failing settlement) to a court of arbitration.

This act was consolidated with the Conciliation Act 1900 during 1906 in an act respecting conciliation and labour, and in March 1907 the Industrial Disputes Investigation Act became law by which machinery is set up for the constitution of a board, on the application of either side to a dispute in mines and industries connected with public utilities, whenever a strike involving more than ten employees is threatened. The provisions of the act may be extended to other industries and railway companies, and their employees may take action under either the Conciliation and Labour Act or the Industrial Disputes Investigation Act. Under the Investigation Act it is unlawful for any employer to cause a lock-out, or for an employee to go on strike on account of any dispute prior to or during a reference of such dispute to a board constituted under the act, or prior to or during a reference under the provisions concerning railway disputes under the Conciliation and Labour Act. There is nothing, however, in the act to prevent a strike or lock-out taking place after the dispute has been investigated.

France.—The French Conciliation and Arbitration Law of December 1892 provides that either party to a labour dispute may apply to the juge de paix of the canton, who informs the other party of the application. If they concur within three days, a joint committee of conciliation is formed of not more than five representatives of each party, which meets in the presence of the juge de paix, who, however, has no vote. If no agreement results the parties are invited to appoint arbitrators. If such arbitrators are appointed and cannot agree on an umpire, the president of the civil tribunal appoints an umpire. In the case of an actual strike, in the absence of an application from either party it is the duty of the juge de paix to invite the parties to proceed to conciliation or arbitration. The results of the action of the juge de paix and of the conciliation committee are placarded by the mayors of the communes affected. The law leaves the parties entirely free to accept or reject the services of the juge de paix.

During the ten years 1897-1906 the act was put in force in 1809 cases—viz. 916 on application of workmen; 49 of employers; 40 of both sides; and 804 without application. Altogether 616 disputes were settled—549 by conciliation and 67 by arbitration.

Germany.—In several continental European countries, courts or boards are established by law to settle cases arising out of existing labour contracts; e.g. the French “Conseils de Prud’hommes,” the Italian “Probi-Viri,” and the German “Gewerbegerichten,”—and some of the questions which come before these bodies are such as might be dealt with in England by voluntary boards or joint committees. The majority, however, are disputes between individuals as to wages due, &c., which would be determined in the United Kingdom by a court of summary jurisdiction. It is noteworthy, however, that the German industrial courts (Gewerbegerichten) are empowered under certain conditions to offer their services to mediate between the parties to an ordinary labour dispute. The main law is that of 1890 which was amended in 1901. In the case of a strike or lock-out the court must intervene on application of both parties, and may do so of its own initiative or on the invitation of one side. The conciliation board for this purpose consists under the amending law of 1901 of the president of the court and four or more representatives named by the parties in equal numbers but not concerned in the dispute. Failing appointment by the parties the president appoints them. Failing a settlement at a conference between the parties in the presence of the president and assessors of the court, the court arrives at a decision on the merits of the dispute which is communicated to the parties, who are allowed a certain time within which to notify their acceptance or rejection. The court has no power to compel the observance of its decision, but in certain cases it may fine a witness for non-attendance. In the first five years after the passage of the amending law of 1901 (viz. 1902-1906) there were 1139 applications for the intervention of the industrial courts: 492 agreements were brought about and 107 decisions were pronounced by the courts, of which 64 were accepted by both parties.

Switzerland.—The canton of Geneva enacted a law in 1900 providing for the settlement by negotiation, conciliation or arbitration of the general terms of employment in a trade, subject, however, to special arrangements between employers and workmen in particular cases. The negotiations take place between delegates chosen by the associations of employers and employed, or failing them, by meetings summoned by the council of state on sufficient applications. Failing settlement, the council of state, on application from either party, is to appoint one or more conciliators from its members, and if this fail the central committee of the Prud’hommes, together with the delegates of employers and workmen, is to form a board of arbitration, whose decision is binding. Any collective suspension of work is illegal during the period covered by the award or agreement. Up to the end of 1904 only seven cases occurred of application of the law to industrial differences. In Basel (town) a law providing for voluntary conciliation by means of boards of employers and workmen with an independent chairman appointed ad hoc by the council of state of the canton, has been in force since 1897, but it remained practically unused until 1902. In the period from January 1902 to May 1905, 18 disputes were dealt with and 10 settled under this law. A similar law was adopted in St Gall in 1902. In the three years 1902-1904, 10 disputes were dealt with and 3 settled.

Sweden.—By a law which came into force on the 1st of January 1907, Sweden was divided into seven districts and in each district a conciliator was appointed by the crown. The conciliator must reside within his district and his principal duty is to promote the settlement of disputes between employers and work-people or between members of either class among themselves. He is also on request to advise and otherwise assist employers and work-people in framing agreements affecting the conditions of labour if and so far as agreements are designed to promote good relations between the two classes and to obviate stoppages of work.

United States.—In the United States several states have legislated on the subject of conciliation and arbitration, among the first of such acts being the “Wallace” Act of 1883, in Pennsylvania, which, however, was almost inoperative. Altogether, 24 states have made constitutional or statutory provision for mediation in trade disputes, of which 17 contemplate the formation of permanent state boards. The only state laws which require notice are those of Massachusetts and New York providing for the formation of state boards of arbitration. The Massachusetts board, founded in 1886, consists of one employer, one employed and one independent person chosen by both. The New York board (1886) consists of two representatives of different political parties, and one member of a bona fide trade organization within the state. In both states it is the duty of the board, with or without application from the parties, to proceed to the spot where a labour dispute has occurred, and to endeavour to promote a settlement. The parties may decline its services, but the board is empowered to issue a report, and on application from either side to hold an inquiry and publish its decision, which (in Massachusetts) is binding for six months, unless sixty days’ notice to the contrary is given by one side to the other. Several states, including Massachusetts and New York, provide not only for state boards, but also for local boards.

In Massachusetts, during 1906, the state board dealt with 158 disputes. Of these the board was appealed to as arbitrator in 95 cases. Awards were rendered in 80 cases, 12 cases were withdrawn and 3 cases were still pending at the end of the year. In New York the number of cases dealt with is much smaller.

Federal legislation can only touch the question of arbitration and conciliation so far as regards disputes affecting commerce between different states. Thus an act of June 1898 provides that in a dispute involving serious interruption of business on railways engaged in inter-state commerce, the chairman of the Inter-State Commerce Commission and the commissioner of labour shall, on application of either party, endeavour to effect a settlement, or to induce the parties to submit the dispute to arbitration. While an arbitration under the act is pending a strike or lock-out is unlawful.

Authorities.—For the recent development of arbitration and conciliation in the United Kingdom, see the Annual Reports of the Labour Department of the Board of Trade on Strikes and Lock-outs from 1888 onwards. Since 1890 these reports have contained special appendices on the work of arbitration boards. See also the Labour Gazette (the monthly journal of the Labour Department) from 1893 onward, and the Report on Rules of Voluntary Conciliation and Arbitration Boards and Joint Committees. The Reports of the Royal Commission on Labour (1891-1894) contain much valuable information on the subject. For the working of the Conciliation Act see the Reports of the Board of Trade on their proceedings under the Conciliation Act 1896. For the earlier history in the United Kingdom: Crompton, Industrial Conciliation (1876); Price, Industrial Peace (1887). For foreign and colonial developments: the third Abstract of Foreign Labour Statistics (1906), issued by the Board of Trade; Report on Government Industrial Arbitration, by L.W. Hatch (Bulletin of Bureau of Labour of United States Department of Commerce and Labour, September 1905); the report of the French Office du Travail, De la conciliation et de l’arbitrage dans les conflits collectifs entre patrons et ouvriers en France et à l’étranger (1893); the Annual Reports of the same Department on Strikes, Lockouts and Arbitration; the Reports of the Massachusetts and New York State Arbitration Boards, and of the New Zealand Department of Labour; and the Labour Gazette. See also the following general works: N.P. Gilman, Methods of Industrial Peace (Boston, 1904); A.C. Pigou, Principles and Methods of Industrial Peace (1905).

(X.)

ARBOGAST (d. 394), a barbarian officer in the Roman army, at the end of the 4th century. His nationality is uncertain, but Zosimus, Eunapius and Sulpicius Alexander (a Gallo-Roman historian quoted by Gregory of Tours) all refer to him as a Frank. Having served with distinction against the Goths in Thrace, he was sent by Theodosius in 388 against Maximus, who had usurped the empire of the west and had murdered Gratian. His complete success, which resulted in the destruction of Maximus and his sons and the pacification of Gaul, led Theodosius to appoint him chief minister for his young brother-in-law Valentinian II. His rule was most energetic; but while he favoured the barbarians in the imperial service, and appointed them to high office, Valentinian, openly jealous of his minister, sought to surround himself with Romans. As an offset to this, Arbogast allied himself with the pagan element in Rome, while Valentinian was strictly orthodox. In 392 Valentinian was secretly put to death at Vienne (in Gaul), and Arbogast, naming as his successor Eugenius, a rhetorician, descended into Italy to meet the expedition which Theodosius was heading against him. He proclaimed himself the champion of the old Roman gods, and as a response to the appeal of Ambrose, is said to have threatened to stable his horses in the cathedral of Milan, and to force the monks to fight in his army. His defeat in the hard-fought battle of the Frigidus saved Italy from these dangers. Theodosius, after a two days’ fight, gained the victory by the treachery of one of Arbogast’s generals, sent to cut off his retreat. Eugenius was captured and executed, but Arbogast escaped to the mountains, where however he slew himself three days afterwards (8th of September 394). Although we have only most distorted narratives upon which to rely—pagan eulogy and Christian denunciation—Arbogast appears to have been one of the greatest soldiers of the later empire, and a statesman of no mean rank. His energy, and his apparent disdain for the effete civilization which he protected, but which did not affect his character, make his personality one of the most interesting of the 4th century.

See T. Hodgkin, Italy and her Invaders (1880), vol. i. chap. ii.

ARBOIS, a town of eastern France, in the department of Jura, on the Cuisance, 29 m. N.N.E. of Lons-le-Saunier by rail. Pop. (1906) 3454. The town is the seat of the tribunal of first instance of the arrondissement of Poligny, and has a communal college. The church of St Just, founded in the 10th century, has good wood-carving. An Ursuline convent, built in 1764, serves as hôtel de ville and law court, and a church of the 14th century is used as a market. There is an old château of the dukes of Burgundy. Arbois is well known for its red and white wines, and has saw-mills, tanneries and market gardens, and manufactures paper, oil and casks.

ARBOIS DE JUBAINVILLE, MARIE HENRI D’ (1827-1910), French historian and philologist, was born at Nancy on the 5th of December 1827. In 1851 he left the École des Chartes with the degree of palaeographic archivist. He was placed in control of the departmental archives of Aube, and remained in that position until 1880, when he retired on a pension. He published several volumes of inventorial abstracts, a Répertoire archéologique du département in 1861; a valuable Histoire des ducs et comtes de Champagne depuis le VIe siècle jusqu’à la fin du XIe, which was published between 1859 and 1869 (8 vols.), and in 1880 an instructive monograph upon Les Intendants de Champagne. But already he had become attracted towards the study of the most ancient inhabitants of Gaul; in 1870 he brought out an Étude sur la déclinaison des noms propres dans la langue franque à l’époque mérovingienne; and in 1877 a learned work upon Les Premiers Habitants de l’Europe (2nd edition in 2 vols. 1889 and 1894). Next he concentrated his efforts upon the field of Celtic languages, literature and law, in which he soon became an authority. Appointed in 1882 to the newly founded professorial chair of Celtic at the Collège de France, he began the Cours de littérature celtique which in 1908 extended to twelve volumes. For this he himself edited the following works: Introduction a l’étude de la littérature celtique (1883); L’Épopée celtique en Irlande (1892); Études sur le droit celtique (1895); and Les Principaux Auteurs de l’antiquité à consulter sur l’histoire des Celtes (1902). He was among the first in France to enter upon the study of the most ancient monuments of Irish literature with a solid philological preparation and without empty prejudices. We owe to him also Les Celtes depuis les temps les plus reculés jusqu’à l’an 100 avant noire ère (1904), and a study of comparative law in La Famille celtique (1905). Numerous detailed studies upon the Gaulish names of persons and places took synthetic form in the Recherches sur l’origine de la propriété foncière (1890), which illumined one of the most interesting aspects of the Roman occupation of Gaul. The Recueil de mémoires concernant la littérature et l’histoire celtiques, made by the most notable among his disciples on the occasion of his seventy-eighth birthday (1906), was a well-deserved tribute to his persevering and fruitful industry. He died in February 1910.

(C. B.*)

ARBOR DAY, the name applied in the United States of America to a day appointed for the public planting of trees (see [Arbour]). Originating, or at least being first successfully put into operation, in Nebraska in 1872 through the instrumentality of J. Sterling Morton, then president of the state Board of Agriculture, it received the official sanction of the state by the proclamation of Governor R.W. Furnas in 1874 and by the enactment in 1885 of a law establishing it as a legal holiday in Nebraska. The movement spread rapidly throughout the United States until with hardly an exception every state and territory celebrates such a day either as a legal or a school holiday. The time of celebration varies in different states—sometimes even in different localities in the same state—but April or early May is the rule in the northern states, and February, January and December are the months in various southern states. A like practice has been introduced in New Zealand.

See N.H. Egleston, Arbor Day: Its History and Observance (Washington, 1896), Robert W. Furnas, Arbor Day (Lincoln, Neb., 1888), and R.H. Schauffler (ed.), Arbor Day (New York, 1909).

ARBORETUM, the name given to that part of a garden or park which is reserved for the growth and display of trees. The term, in this restricted sense, was seemingly first so employed in 1838 by J.C. Loudon, in his book upon arboreta and fruit trees. Professor Bayley Balfour, F.R.S., the Regius Keeper of the Royal Botanic Garden in Edinburgh, has described an arboretum as a living collection of species and varieties of trees and shrubs arranged after some definite method—it may be properties, or uses, or some other principle—but usually after that of natural likeness. The plants are intended to be specimens showing the habit of the tree or shrub, and the collection is essentially an educational one. According to another point of view, an arboretum should be constructed with regard to picturesque beauty rather than systematically, although it is admitted that for scientific purposes a systematic arrangement is a sine qua non. In this more general respect, an arboretum or woodland affords shelter, improves local climate, renovates bad soils, conceals objects unpleasing to the eye, heightens the effect of what is agreeable and graceful, and adds value, artistic and other, to the landscape. What Loudon called the “gardenesque” school of landscape naturally makes particular use of trees. By common consent the arboretum in the Royal Botanical Gardens at Kew is one of the finest in the world. Its beginnings may be traced back to 1762, when, at the suggestion of Lord Bute, the duke of Argyll’s trees and shrubs were removed from Whitton Place, near Hounslow, to adorn the princess of Wales’s garden at Kew. The duke’s collection was famous for its cedars, pines and firs. Most of the trees of that date have perished, but the survivors embrace some of the finest of their kind in the gardens. The botanical gardens at Kew were thrown open to the public in 1841 under the directorate of Sir William Hooker. Including the arboretum, their total area did not then exceed 11 acres. Four years later the pleasure grounds and gardens at Kew occupied by the king of Hanover were given to the nation and placed under the care of Sir William for the express purpose of being converted into an arboretum. Hooker rose to the occasion and, zealously reinforced by his son and successor, Sir Joseph, established a collection which rapidly grew in richness and importance. It is perhaps the largest collection of hardy trees and shrubs known, comprising some 4500 species and botanical varieties. A large proportion of the total acreage (288) of the Gardens is monopolized by the arboretum. Of the more specialized public arboreta in the United Kingdom the next to Kew are those in the Royal Botanic Garden in Edinburgh and the Glasnevin Garden in Dublin. The collection of trees in the Botanic Garden at Cambridge is also one of respectable proportions. There is a small but very select collection of trees at Oxford, the oldest botanical garden in Great Britain, which was founded in 1632. In the United States the Arnold Arboretum at Boston ranks with Kew for size and completeness. It takes its name from its donor, the friend of Emerson. It was originally a well-timbered park, which, by later additions, now covers 222 acres. Practically, it forms part of the park system so characteristic of the city, being situated only 4 m. from the centre of population. There is a fine arboretum in the botanical gardens at Ottawa, in Canada (65 acres). On the continent of Europe the classic example is still the Jardin des Plantes in Paris, where, however, system lends more of formality than of beauty to the general effect. The collection of trees and shrubs at Schönbrunn, near Vienna, is an extensive one. At Dahlem near Berlin the new Kgl. Neuer Botanischer Garten has been laid out with a view to the accommodation of a very large collection of hardy trees and shrubs. There are now many large collections of hardy trees and shrubs in private parks and gardens throughout the British Islands, the interest taken in them by their proprietors having largely increased in recent years. Rich men collect trees, as they do paintings or books. They spare neither pains nor money in acquiring specimens, even from distant lands, to which they often send out expert collectors at their own expense. This, too, the Royal Horticultural Society was once wont to do, with valuable results, as in the case of David Douglas’s remarkable expedition to North America in 1823-1824. It will be remembered that when the laird of Dumbiedikes lay dying (Scott’s Heart of Midlothian, chap, viii.) he gave his son one bit of advice which Bacon himself could not have bettered. “Jock,” said the old reprobate, “when ye hae naething else to do; ye may be aye sticking in a tree; it will be growing, Jock, when ye’re sleeping.” Sir Walter assures us that a Scots earl took this maxim so seriously to heart that he planted a large tract of country with trees, a practice which in these days is promoted by the English and Royal Scottish Arboricultural Societies.

ARBORICULTURE (Lat. arbor, a tree), the science and art of tree-cultivation. The culture of those plants which supply the food of man or nourish the domestic animals must have exclusively occupied his attention for many ages; whilst the timber employed in houses, ships and machines, or for fuel, was found in the native woods. Hence, though the culture of fruit-trees, and occasionally of ornamental trees and shrubs, was practised by the Egyptians, Greeks and Romans, the cultivation of timber-trees on a large scale only took place in modern times. In the days of Charlemagne, the greater part of France and Germany was covered with immense forests; and one of the benefits conferred on France by that prince was the rooting up of portions of these forests throughout the country, and substituting orchards or vineyards. Artificial plantations appear to have been formed in Germany sooner than in any other country, apparently as early as the 15th century. In Britain planting was begun, though sparingly, a century later. After the extensive transfers of property on the seizure of the church lands by Henry VIII., much timber was sold by the new owners, and the quantity thus thrown into the market so lowered its price, as Hollingshed informs us, that the builders of cottages, who had formerly employed willow and other cheap and common woods, now built them of the best oak. The demand for timber constantly increased, and the need of an extended surface of arable land arising at the same time, the natural forests became greatly circumscribed, till at last timber began to be imported, and the proprietors of land to think, first of protecting their native woods, afterwards of enclosing waste ground and allowing it to become covered with self-sown seedlings, and ultimately of sowing acorns and mast in such enclosures, or of filling them with young plants collected in the woods—a practice which exists in Sussex and other parts of England even now. Planting, however, was not general in England till the beginning of the 17th century, when the introduction of trees was facilitated by the interchange of plants by means of botanic gardens, which, in that century, were first established in different countries. Evelyn’s Sylva, the first edition of which appeared in 1664, rendered an extremely important service to arboriculture; and there is no doubt that the ornamental plantations in which England surpasses all other countries are in some measure the result of his enthusiasm. In consequence of a scarcity of timber for naval purposes, and the increased expense during the Napoleonic war of obtaining foreign supplies, planting received a great stimulus in Britain in the early part of the 19th century. After the peace of 1815 the rage for planting with a view to profit subsided; but there was a growing taste for the introduction of trees and shrubs from foreign countries, and for their cultivation for ornament and use. The profusion of trees and shrubs planted around suburban villas and country mansions, as well as in town squares and public parks, shows how much arboriculture is an object of pleasure to the people. While isolated trees and old hedgerows are disappearing before steam cultivation, the advantages of shelter from well-arranged plantations are more fully appreciated; and more attention is paid to the principles of forest conservancy both at home and abroad. In all thickly peopled countries the forests have long ceased to supply the necessities of the inhabitants by natural reproduction; and it has become needful to form plantations either by government or by private enterprise, for the growth of timber, and in some cases for climatic amelioration. This subject is, however, dealt with more fully under [Forests and Forestry] (q.v.); and the separate articles on the various sorts of tree may be consulted for details as to each.

ARBOR VITAE (Tree of Life), a name given by Clusius to species of Thuja. The name Thuja, which was adopted by Linnaeus from the Thuya of Tournefort, seems to be derived from the Greek word θύος, signifying sacrifice, probably because the resin procured from the plant was used as incense. The plants belong to the natural order Coniferae, tribe Cupressineae (Cypresses). Thuja occidentalis is the Western or American arbor vitae, the Cupressus Arbor Vitae of old authors. It is a native of North America, and ranges from Canada to the mountains of Virginia and Carolina. It is a moderate-sized tree, and was introduced into Britain before 1597, when it was mentioned in Gerard’s Herbal. In its native country it attains a height of about 50 ft. The leaves are small and imbricate, and are borne on flattened branches, which are apt to be mistaken for the leaves. When bruised the leaves give out an aromatic odour. The flowers appear early in spring, and the fruit is ripened about the end of September. In Britain the plant is a hardy evergreen, and can only be looked upon as a large shrub or low tree. It is often cut so as to form hedges in gardens. The wood is very durable and useful for outdoor work, such as fencing, posts, etc. Another species of arbor vitae is Thuja orientalis, known also as Biota orientalis. The latter generic name is derived from the Greek adjective βιωτός, formed from βίος, life, probably in connexion with the name “tree of life.” This is the Eastern or Chinese arbor vitae. It is a native of China. It was cultivated in the Chelsea Physick Garden in 1752, and was believed to have been sent to Europe by French missionaries. It has roundish cones, with numerous scales and wingless seeds. The leaves, which have a pungent aromatic odour, are said to yield a yellow dye. There are numerous varieties of this plant in cultivation, one of the most remarkable of which is the variety pendula, with long, flexible, hanging, cord-like branches; it was discovered in Japan about 1776 by Carl Peter Thunberg, a pupil of Linnaeus, who made valuable collections at the Cape of Good Hope, in the Dutch East Indies and in Japan. The variety pygmaea forms a small bush a few inches high.

Thuja gigantea, the red or canoe cedar, a native of north-western America from southern Alaska to north California, is the finest species, the trunk rising from a massive base to the height of 150 to 200 ft. It was not introduced to Britain till 1853. It is one of the handsomest of conifers, forming an elongated cone of foliage, which in some gardens has already reached 70 or 80 ft. in height. It thrives in most kinds of soils. The timber is easily worked and used for construction, especially where exposed to the weather.

ARBOS, FERNANDEZ (1863-  ), Spanish violinist and composer, was born in Madrid, and trained at the conservatoire there, and later at Brussels and at Berlin under Joachim. He became a professor at Hamburg and then at Madrid, becoming famous meanwhile as one of the finest violinists of the day; and after visiting England in 1890 and establishing his reputation there, he became professor at the Royal College of Music in London. As a composer he is best known by his violin pieces, and by a comic opera, El Centro de la Tierra (1895).

ARBOUR, or Arbor (originally “herber” or “erber,” O. Fr. herbier, from Lat. herbarium, a collection of herbs, herba, grass; the word came to be spelt “arber” through its pronunciation, as in the case of Derby, and by the 16th century was written “arbour,” helped by a confusion of derivation from Lat. arbor, a tree, and by change of meaning), a grass-plot or lawn, a herb-garden, or orchard, and a shady bower of interlaced trees, or climbing plants trained on lattice-work. The application of the word has shifted from the grass-covered ground, the proper meaning, to the covering of trees overhead. “Arbor” (from the Latin for “tree”) is a term applied to the spindle of a wheel, particularly in clock-making.

ARBROATH, or Aberbrothock, a royal, municipal and police burgh, and seaport of Forfarshire, Scotland. It is situated at the mouth of Brothock water, 17 m. N.E. of Dundee by the North British railway, which has a branch to Forfar, via Guthrie, on the Caledonian railway. Pop. (1891) 22,821; (1901) 22,398. The town is under the jurisdiction of a provost, bailies and council, and, with Brechin, Forfar, Inverbervie and Montrose, returns one member to parliament. The leading industries include the manufacture of sailcloth, canvas and coarse linens, tanning, boot and shoe making, and bleaching, besides engineering works, iron foundries, chemical works, shipbuilding and fisheries. The harbour, originally constructed and maintained by the abbots, by an agreement between the burgesses and John Gedy, the abbot in 1394, was replaced by one more commodious in 1725, which in turn was enlarged and improved in 1844. The older portion was converted into a wet dock in 1877, and the entrance and bar of the new harbour were deepened. A signal tower, 50 ft. high, communicates with the Bell Rock (q.v.) lighthouse on the Inchcape Rock, 12 m. south-east of Arbroath, celebrated in Southey’s ballad. The principal public buildings are the town-hall, a somewhat ornate market house, the gildhall, the public hall, the infirmary, the antiquarian museum (including some valuable fossil remains) and the public and mechanics’ libraries. The parish church dates from 1570, but has been much altered, and the spire was added in 1831. The ruins of a magnificent abbey, once one of the richest foundations in Scotland, stand in High Street. It was founded by William the Lion in 1178 for Tironesian Benedictines from Kelso, and consecrated in 1197, being dedicated to St Thomas Becket, whom the king had met at the English court. It was William’s only personal foundation, and he was buried within its precincts in 1214. Its style was mainly Early English, the western gable Norman. The cruciform church measured 276 ft. long by 160 ft. wide, and was a structure of singular beauty and splendour. The remains include the vestry, the southern transept (the famous rose window of which is still entire), part of the chancel, the southern wall of the nave, part of the entrance towers and the western doorway. It was here that the parliament met which on the 6th of April 1320 addressed to the pope the notable letter, asserting the independence of their country and reciting in eloquent terms the services which their “lord and sovereign” Robert Bruce had rendered to Scotland. The last of the abbots was Cardinal Beaton, who succeeded his uncle James when the latter became archbishop of St Andrews. At the Reformation the abbey was dismantled and afterwards allowed to go to ruin. Part of the secular buildings still stand, and the abbot’s house, or Abbey House as it is now called, is inhabited. Arbroath was created a royal burgh in 1186, and its charter of 1599 is preserved. King John exempted it from “toll and custom” in every part of England excepting London. Arbroath is “Fairport” of Scott’s Antiquary, and Auchmithie, 3 m. north-east (“Musselcrag” of the same romance), is a quaint old-fashioned place, where the men earn a precarious living by fishing. On each side of the village the coast scenery is remarkably picturesque, the rugged cliffs—reaching in the promontory of Red Head, the scene of a thrilling incident in the Antiquary, a height of 267 ft.—containing many curiously shaped caves and archways which attract large numbers of visitors. At the 14th-century church of St Vigeans, 1 m. north of Arbroath, stands one of the most interesting of the sculptured stones of Scotland, with what is thought to be the only legible inscription in the Pictish tongue. The parish—originally called Aberbrothock and now incorporated with Arbroath for administrative purposes—takes its name from a saint or hermit whose chapel was situated at Grange of Conon, 3½ m. north-west. Two miles west by south are the quarries of Carmyllie, the terminus of a branch line from Arbroath, which was the first light railway in Scotland and was opened in 1900.

ARBUTHNOT, ALEXANDER (1538-1583), Scottish ecclesiastic and poet, educated at St Andrews and Bourges, was in 1569 elected principal of King’s College, Aberdeen, which office he retained until his death. He played an active part in the stirring church politics of the period, and was twice moderator of the kirk, and a member of the commission of inquiry into the condition of the university of St Andrews (1583). The “correctness” of his attitude on all public questions won for him the commendation of Catholic writers; he is not included in Nicol Burne’s list of “periurit apostatis”; but his policy and influence were misliked by James VI., who, when the Assembly had elected Arbuthnot to the charge of the church of St Andrews, ordered him to return to his duties at King’s College. He had been for some time minister of Arbuthnott in Kincardineshire. His extant works are (a) three poems, “The Praises of Wemen” (224 lines), “On Luve” (10 lines), and “The Miseries of a Pure Scholar” (189 lines), and (b) a Latin account of the Arbuthnot family, Originis et Incrementi Arbuthnoticae Familiae Descriptio Historica (still in MS.), of which an English continuation, by the father of Dr John Arbuthnot, is preserved in the Advocates’ Library, Edinburgh. The praise of the fair sex in the first poem is exceptional in the literature of his age; and its geniality may help us to understand the author’s popularity with his contemporaries. Arbuthnot must not be confused with his contemporary and namesake, the Edinburgh printer, who produced the first edition of Buchanan’s History of Scotland in 1582. Some have discovered in the publication of this work a false clue to James’s resentment against the principal of King’s College.

The particulars of Arbuthnot’s life are found in Calderwood, Spottiswood, and other Church historians, and in Scott’s Fasti Ecclesiae Scoticanae. The poems are printed in Pinkerton’s Ancient Scottish Poems (1786), i. pp. 138-155.

ARBUTHNOT, JOHN (1667-1735), British physician and author, was born at Arbuthnott, Kincardineshire, and baptized on the 29th of April 1667. His father, Alexander Arbuthnot, was an episcopalian minister who was deprived of his living in 1689 by his patron, Viscount Arbuthnott, for refusing to conform to the Presbyterian system. After his death, in 1691, John went to London, where he lived in the house of a learned linen-draper, William Pate, and supported himself by teaching mathematics. In 1692 he published Of the Laws of Chance ..., based on the Latin version, De Ratociniis in ludo aleae, of a Dutch treatise by Christiaan Huygens. In 1692 he entered University College, Oxford, as a fellow-commoner, acting as private tutor to Edward Jefferys; and in 1696 he graduated M.D. at St Andrews university. In An Examination of Dr Woodward’s Account of the Deluge (1697) he confuted an extraordinary theory advanced by Dr William Woodward. An Essay on the Usefulness of Mathematical Learning followed in 1701, and in 1704 he became a fellow of the Royal Society. He had the good fortune to be called in at Epsom to prescribe for Prince George of Denmark, and in 1705 he was made physician extraordinary to Queen Anne. Four years later he became royal physician in ordinary, and in 1710 he was elected fellow of the Royal College of Physicians. Arbuthnot’s ready wit and varied learning made him very valuable to the Tory party. He was a close friend of Jonathan Swift and of Alexander Pope, and Lord Chesterfield says that even the generous acknowledgment they made of his assistance fell short of their real indebtedness. He had no jealousy of his fame as an author, and his abundant imagination was always at the service of his friends. In 1712 appeared “Law is a Bottomless Pit, Exemplify’d in the case of the Lord Strutt, John Bull, Nicholas Frog and Lewis Baboon, who spent all they had in a law-suit. Printed from a Manuscript found in the Cabinet of the famous Sir Humphrey Polesworth.” This was the first of a series of five pamphlets advocating the conclusion of peace. Arbuthnot describes the confusion after the death of the Lord Strutt (Charles II. of Spain), and the quarrels between the greedy tradespeople (the allies). These put their cause into the hands of the attorney, Humphrey Hocus (the duke of Marlborough), who does all he can to prolong the struggle. The five tracts are printed in two parts as the “History of John Bull” in the Miscellanies in Prose and Verse (1727, preface signed by Pope and Swift). Arbuthnot fixed the popular conception of John Bull, though it is not certain that he originated the character, and the lively satire is still amusing reading. It was often asserted at the time that Swift wrote these pamphlets, but both he and Pope refer to Arbuthnot as the sole author. In the autumn of the same year he published a second satire, “Proposals for printing a very Curious Discourse in Two Volumes in Quarto, entitled, Ψευδολογία Πολιτική; or, A Treatise of the Art of Political Lying,” best known by its sub-title. This ironical piece of work was not so popular as “John Bull.” “’Tis very pretty,” says Swift, “but not so obvious to be understood.” Arbuthnot advises that a lie should not be contradicted by the truth, but by another judicious lie. “So there was not long ago a gentleman, who affirmed that the treaty with France for bringing popery and slavery into England was signed the 15th of September, to which another answered very judiciously, not by opposing truth to his lie, that there was no such treaty; but that, to his certain knowledge, there were many things in that treaty not yet adjusted.”

Arbuthnot was one of the leading spirits in the Scriblerus Club, the members of which were to collaborate in a universal satire on the abuses of learning. The Memoirs of the extraordinary Life, Works, and Discoveries of Martinus Scriblerus, of which only the first book was finished, first printed in Pope’s Works (1741), was chiefly the work of Arbuthnot, who is at his best in the whimsical account of the birth and education of Martin. Swift, writing on the 3rd of July 1714 to Arbuthnot, says:—“To talk of Martin in any hands but yours, is a folly. You every day give better hints than all of us together could do in a twelvemonth: and to say the truth, Pope who first thought of the hint has no genius at all to it, to my mind; Gay is too young: Parnell has some ideas of it, but is idle; I could put together, and lard, and strike out well enough, but all that relates to the sciences must be from you.”

The death of Queen Anne put an end to Arbuthnot’s position at court, but he still had an extensive practice, and in 1727 he delivered the Harveian oration before the Royal College of Physicians. Lord Chesterfield and William Pulteney were his patients and friends; also Mrs Howard (Lady Suffolk) and William Congreve. His friendship with Swift was constant and intimate; he was friend and adviser to Gay; and Pope wrote (2nd of August 1734) that in a friendship of twenty years he had found no one reason of complaint from him. Arbuthnot’s youngest son, who had just completed his education, died in December 1731. He never quite recovered his former spirits and health after this shock. On the 17th of July 1734 he wrote to Pope: “A recovery in my case, and at my age, is impossible; the kindest wish of my friends is Euthanasia.” In January 1735 was published the “Epistle to Dr Arbuthnot,” which forms the prologue to Pope’s satires. He died on the 27th of February 1735 at his house in Cork Street, London.

Among Arbuthnot’s other works are:—An Argument for Divine Providence, taken from the constant regularity observed in the Births of both sexes (Phil. Trans. of the Royal Soc., 1710); “Virgilius Restauratus,” printed in the second edition of Pope’s Dunciad (1729); An Essay concerning the Effects of Air on Human Bodies (1733); An Essay concerning the Nature of Ailments ... (1731); and a valuable Table of Ancient Coins, Weights and Measures (1727), which is an enlargement of an earlier treatise (1705). He had a share in the unsuccessful farce of Three Hours after Marriage, printed with Gay’s name on the title-page (1717). Some pieces printed in A Supplement to Dr Swift’s and Mr Pope’s Works ... (1739) are there asserted to be Arbuthnot’s. The Miscellaneous Works of the late Dr Arbuthnot were published at Glasgow in an unauthorized edition in 1751. This includes many spurious pieces.

See The Life and Works of John Arbuthnot (1892), by George A. Aitken.

ARCACHON, a coast town of south-western France, in the department of Gironde, 37 m. W.S.W. of Bordeaux on the Southern railway. Pop. (1906) 9006. Arcachon is situated on the southern border of the lagoon of Arcachon at the foot of dunes covered with splendid pine-woods. It comprises two distinct parts, the summer town, extending for 2½ m. along the shore, and bordered by a firm sandy beach, frequented by bathers, and the winter town, farther inland, consisting of numerous villas scattered amongst the pines.

Owing to the mildness of its climate the winter town is a resort for consumptive patients. The principal industries are oyster-breeding, which is conducted on a very large scale, and fishing. The port has trade with Spain and England.

ARCADE, in architecture, a range of arches, supported either by columns or piers; isolated in the case of those separating the nave of a church from the aisles, or forming the front of a covered ambulatory, as in the cloisters in Italy and Sicily, round the Ducal Palace or the Square of St Mark’s, Venice, round the courts of the palaces in Italy, or in Paris round the Palais-Royal and the Place des Vosges. The earliest examples known are those of the Tabularium, the theatre of Marcellus, and the Colosseum, in Rome. In the palace of Diocletian at Spalato the principal street had an arcade on either side, the arches of which rested direct on the capital without any intervening entablature or impost block. The term is also applied to the galleries, employed decoratively, on the façades of the Italian churches, and carried round the apses where they are known as eaves-galleries. Sometimes these arcades project from the wall sufficiently to allow of a passage behind, and sometimes they are built into and form part of the wall; in the latter case, they are known as blind or wall arcades; and they were constantly employed to decorate the lower part of the walls of the aisles and the choir-aisles in English churches. Externally, blind arcades are more often found in Italy and Sicily, but there are examples in England at Canterbury, Ely, Peterborough, Norwich, St John’s (Chester), Colchester and elsewhere. Internally, the oldest example is that of the old refectory in Westminster Abbey (fig. 1). Sometimes the design is varied with interlacing arches as in St John’s Devizes (fig. 2), and Beverley Minster (fig. 3). In Sicily and the south of Italy these interlacing arcades are the special characteristic of the Saracenic work there found, and their origin may be found in the interlaced arches of the Mosque of Cordova in Spain. In the cathedral of Palermo and at Monreale they are carried round the apses at the east end. At Caserta-Vecchia, in South Italy, they decorate the lantern over the crossing, and at Amain the turrets on the north-west campanile.

Fig. 1.—Arcade, Westminster Abbey.	Fig. 2.—Arcade, St John’s, Devizes.

The term is also applied to the covered passages which form thoroughfares from one street to another, as in the Burlington Arcade, London; in Paris such an arcade is usually called passage, and in Italy galleria.

(R. P. S.)

ARCADELT, or Archadelt, Jacob (c. 1514-c. 1556), a Netherlands composer, of the early part of the Golden Age. In 1539 he left a position at Florence to teach the choristers of St Peter’s, Rome, and became one of the papal singers in 1540. He was a prolific church composer, but the works published in his Italian time consist entirely of madrigals, five books of which, published at Venice, probably gave a great stimulus to the beginnings of the Venetian school of composition. In 1555 he left Italy and entered the service of Cardinal Charles of Lorraine, duke of Guise, and after this published three volumes of masses, besides contributing motets to various collections. The Ave Maria, ascribed to him and transcribed as a pianoforte piece by Liszt, does not seem to be traced to an earlier source than its edition by Sir Henry Bishop, which has possibly the same kind of origin in Arcadelt as the hymn tune “Palestrina” has in the delicate and subtle Gloria of Palestrina’s Magnificat Quinti Toni, the fifth in his first Book of Magnificats.

ARCADIA, a district of Greece, forming the central plateau of Peloponnesus. Shut off from the coast lands on all sides by mountain barriers, which rise in the northernpeaks of Erymanthus (mod. Olonos) to 7400, of Cyllene (Ziria) to 7900, in the southern corner buttresses of Parthenium and Lycaeum to more than 5000 ft., this inland plateau is again divided by numerous subsidiary ranges. In eastern or “locked” Arcadia these heights run in parallel courses intersected by cross-ridges, enclosing a series of upland plains whose waters have no egress save by underground channels or zerethra. The western country is more open, with isolated mountain-groups and winding valleys, where the Alpheus with its tributaries the Ladon and Erymanthus drains off in a complex river-system the overflow from all Arcadia. The ancient inhabitants were a nation of shepherds and huntsmen, worshipping Pan, Hermes and Artemis, primitive nature-deities. The difficulties of communication and especially the lack of a seaboard seriously hindered intercourse with the rest of Greece. Consequently the same population, whose origins Greek tradition removed back into the world’s earliest days, held the land throughout historic times, without even an admixture of Dorian immigrants. Their customs and dialect persisted, the latter maintaining a peculiar resemblance to that of the equally conservative Cypriotes. Thus Arcadia lagged behind the general development of Greece, and its political importance was small owing to chronic feuds between the townships (notably between Mantineia and Tegea) and the readiness of its youth for mercenary service abroad.

The importance of Arcadia in Greek history was due to its position between Sparta and the Isthmus. Unable to force their way through Argolis, the Lacedaemonians early set themselves to secure the passage through the central plateau. The resistance of single cities, and the temporary union of the Arcadians during the second Messenian war, did not defer the complete subjugation of the land beyond the 6th century. In later times revolts were easily stirred up among individual cities, but a united national movement was rarely concerted. Most of these rebellions were easily quelled by Sparta, though in 469 and again in 420 the disaffected cities, backed by Argos, formed a dangerous coalition and came near to establishing their independence. A more whole-hearted attempt at union in 371 after the battle of Leuctra resulted in the formation of a political league out of an old religious synod, and the foundation of a federal capital in a commanding strategic position (see [Megalopolis]). But a severe defeat at the hands of Sparta in 368 (the “tearless battle”) and the recrudescence of internal discord soon paralysed this movement. The new fortress of Megalopolis, instead of supplying a centre of national life, merely accentuated the mutual jealousy of the cities. During the Hellenistic age Megalopolis stood staunchly by Macedonia; the rest of Arcadia rebelled against Antipater (330, 323) and Antigonus Gonatas (266). Similarly the various cities were divided in their allegiance between the Achaean and the Aetolian leagues, with the result that Arcadia became the battleground of these confederacies, or fell a prey to Sparta and Macedonia. These conflicts seem to have worn out the land, which already in Roman times had fallen into decay. An influx of Slavonic settlers in the 8th century A.D. checked the depopulation for a while, but Arcadia suffered severely from the constant quarrels of its Frankish barons (1205-1460). The succeeding centuries of Turkish rule, combined with an Albanian immigration, raised the prosperity of the land, but in the Wars of Independence the strategic importance of Arcadia once more made it a centre of conflict. In modern times the population remains sparse, and pending the complete restoration of the water conduits the soil is unproductive. The modern department of Arcadia extends to the Gulf of Nauplia with a sea-coast of about 40 m.

Authorities.—Strabo pp. 388 sq.; Pausanias viii.; W.M. Leake, Travels in the Morea (London, 1830), chs. iii., iv., xi.-xviii., xxiii.-xxvi.; E. Curtius, Peloponnesos (Gotha, 1851), i. 153-178; H.F. Tozer, Geography of Greece (London, 1873), pp. 287-292; E.A. Freeman, Federal Government (ed. 1893, London), ch. iv. § 3; B.V. Head, Historia Numorum (Oxford, 1887), pp. 372-373; B. Niese in Hermes (1899), pp. 520 f.

(M. O. B. C.)

ARCADIUS (378-408), Roman emperor, the elder son of Theodosius the Great, was created Augustus in 383, and succeeded his father in 395 along with his brother Honorius. The empire was divided between them, Honorius governing the two western prefectures (Gaul and Italy), Arcadius the two eastern (the Orient and Illyricum). Both were feeble, and, in Gibbon’s phrase, slumbered on their thrones, leaving the government to others. Arcadius submitted at first to the guidance of the praetorian prefect Rufinus, and, after his murder (end of 395) by the troops, to the counsels of the eunuch Eutropius (executed end of 399). His consort Eudoxia (daughter of a Frank general, Bauto), a woman of strong will, exercised great influence over him; she died in 404. In the last year of his reign, Anthemius (praetorian prefect) was the chief adviser and support of the throne. The first years of the reign were marked by the ravaging of the Greek peninsula by the West Goths under Alaric (q.v.) in 395-396. The movement of the Goth Gainas (who held the post of master of soldiers) in 399-400 is less famous but was more dangerous. At that time there were two rival political parties at Constantinople, the “Roman” party led by Aurelian (son of Taurus), praetorian prefect, and supported by the empress and a Germanizing and Arianizing party led by Aurelian’s brother (possibly Caesarius, praetorian prefect in 400). Gainas entered into a close league with the latter; fomented a Gothic rebellion in Phrygia; and forced the emperor to put Eutropius to death. For some months he and the party which he supported were supreme in Constantinople. He was, however, finally forced to leave, and having plundered for some time in Thrace was captured and killed by the loyal Goth Fravitta. The Roman party recovered its power; Aurelian was again praetorian prefect in 402; and the Germanization which was to befall the western world was averted from the east. Another important question was decided in this reign, the relation of the patriarch of Constantinople to the emperor. The struggle between the court and the patriarch John Chrysostom (q.v.), who assumed an independent attitude and gravely offended the empress by his sermons against the worldliness and frivolity of the court, with open allusions to herself, resulted in his fall and exile (404). This virtually determined the subordination of the patriarch of Constantinople to the emperor. The rivalry of the see of Alexandria with Constantinople was also displayed in the contest, Theophilus, patriarch of Alexandria, assisting the court in bringing about the fall of Chrysostom. Throughout the reign of Arcadius there was estrangement and jealousy between the two brothers or their governments. The principal ground of this hostility was probably dissatisfaction on both sides with the territorial partition. The line had been drawn east of Dalmatia. The ministers of Arcadius desired to annex Dalmatia to his portion, while the general Stilicho, who was supreme in the west, wished to wrest from the eastern realm the prefecture of Illyricum or a considerable part of it. His designs were unsuccessful, and during the reign of Theodosius II., son of Arcadius (who died in 408), Dalmatia was transferred to the dominion of the eastern ruler.

Authorities.—Ancient: Fragments of Eunapius and Olympiodorus (in Müller’s Fragmenta Historicorum Graecorum, vol. iv.); fragments of Philostorgius, Socrates, Sozomen, Zosimus, Synesius of Cyrene (“The Egyptian”), Claudian. Modern: Gibbon’s Decline and Fall, vol. iii., ed. Bury; J.B. Bury, Later Roman Empire, vol. i. (1889); T. Hodgkin, Italy and her Invaders, vol. i. (ed. 2, 1892); Güldenpenning, Geschichte des ostromischen Reiches unter den Kaisern Arcadius und Theodosius II. (1885).

ARCADIUS, of Antioch, Greek grammarian, flourished in the 2nd century A.D. According to Suidas, he wrote treatises on orthography and syntax, and an onomaticon (vocabulary), described as a wonderful production. An epitome of the great work of Herodian on general prosody in twenty books, wrongly attributed to Arcadius, is probably the work of Theodosius of Alexandria or a grammarian named Aristodemus. This epitome (Περὶ Τόνων) only includes nineteen books of the original work; the twentieth is the work of a forger of the 16th century. Although meagre and carelessly put together, it is valuable, since it preserves the order of the original and thus affords a trustworthy foundation for its reconstruction.

Text by Barker, 1823; Schmidt, 1860; see also Galland, De Arcadii qui fertur libra de accentibus (1882).

ARCELLA (C.G. Ehrenberg), a genus of lobose Rhizopoda, characterized by a chitinous plano-convex shell, the circular aperture central on the flat ventral face, and more than one nucleus and contractile vacuole. It can develop vacuoles, or rather fine bubbles of carbonic acid gas in its cytoplasm, to float up to the surface of the water.

ARCESILAUS (316-241 B.C.), a Greek philosopher and founder of the New, or Middle, Academy (see [Academy, Greek]). Born at Pitane in Aeolis, he was trained by Autolycus, the mathematician, and later at Athens by Theophrastus and Crantor, by whom he was led to join the Academy. He subsequently became intimate with Polemon and Crates, whom he succeeded as head of the school. Diogenes Laërtius says that he died of excessive drinking, but the testimony of others (e.g. Cleanthes) and his own precepts discredit the story, and he is known to have been much respected by the Athenians. His doctrines, which must be gathered from the writings of others (Cicero, Acad. i. 12, iv. 24; De Orat. iii. 18; Diogenes Laërtius iv. 28; Sextus Empiricus, Adv. Math. vii. 150, Pyrrh. Hyp. i. 233), represent an attack on the Stoic φαντασία καταληπτική (Criterion) and are based on the sceptical element (see [Scepticism]) which was latent in the later writings of Plato. He held that strength of intellectual conviction cannot be regarded as valid, inasmuch as it is characteristic equally of contradictory convictions. The uncertainty of sensible data applies equally to the conclusions of reason, and therefore man must be content with probability which is sufficient as a practical guide. “We know nothing, not even our ignorance”; therefore the wise man will be content with an agnostic attitude. He made use of the Socratic method of instruction and left no writings. His arguments were marked by incisive humour and fertility of ideas.

See R. Brodeisen, De Arcesila philosopho (1821); Aug. Geffers, De Arcesila (1842); Ritter and Preller, Hist, philos. graec. (1898); Ed. Zeller, Phil. d. Griech. (iii. 1448); and general works under [Scepticism].

ARCH, JOSEPH (1826-  ), English politician, founder of the National Agricultural Labourers’ Union, was born at Barford, a village in Warwickshire, on the 10th of November 1826. His parents belonged to the labouring class. He inherited a strong sentiment of independence from his mother; and his objections to the social homage expected by those whom the catechism boldly styled his “betters” made him an “agitator.” Having educated himself by unremitting exertions, and acquired fluency of speech as a Methodist local preacher, he founded in 1872 the National Agricultural Labourers’ Union, of which he was president. A rise then came in the wages of agricultural labourers, but this had the unforeseen effect of destroying the union; for the labourers, deeming their object gained, ceased to “agitate.” Mr Arch nevertheless retained sufficient popularity to be returned to parliament for north-west Norfolk in 1885; and although defeated next year owing to his advocacy of Irish Home Rule, he regained his seat in 1892, and held it in 1895, retiring in 1900. He was deservedly respected in the House of Commons; seldom has an agitator been so little of a demagogue.

A biography written by himself or under his direction, and edited by Lady Warwick (1898), tells the story of his career.

ARCH,[1] in building, a constructional arrangement of blocks of any hard material, so disposed on the lines of some curve that they give mutual support one to the other.

The blocks, which are technically known as voussoirs, should be of a wedge shape, the centre or top block (see fig. 1, A) being the keystone A; the lower blocks B B which rest on the supporting pier are the springers, the upper surface of which is called the skewback, C C; the side blocks, as D, are termed the haunches. The lower surface or soffit of the arch is the intrados, E, and the upper surface the extrados, F. The rise of the arch is the distance from the springing to the soffit, G, the width between the springers is called the span, H, and the radius I. The triangular spaces between the arches are termed spandrils, K.

The arch is employed for two purposes:—(1) to span an opening in a wall and support the superstructure; (2) when continuous to form a vault known as a barrel or waggon vault.

The arch has been used from time immemorial by every nation, but owing to the tendency of the upper portion to sink, especially when bearing any superincumbent weight, it requires strong lateral support, and it is for this reason that in the earliest examples in unburnt brick at Nippur in Chaldaea, c. 4000 B.C., and at Rakakna (Requaqna) and Dendera in Egypt, 3500-3000 B.C., it was employed only below the level of the ground which served as an abutment on either side.

In the building of an arch, the voussoirs have to be temporarily supported, until the keystone is inserted. This at the present day is effected by means of centreing an assemblage of timbers framed together, with its upper surface of the same form as the arch required; the voussoirs are laid on the centreing till the ring of the arch is completed. In the case of arches of small span, such as the early examples referred to, limited to about 6 ft., such centreing might be dispensed with in various ways, but it is difficult to see how the arches of the great entrance gateways, shown in the Assyrian bas-reliefs, could have been built without temporary support of some kind. In those days, when any amount of labour could be obtained, even the erection of a temporary wall might have been less costly than the employment of timber, of which there was great scarcity.

The Assyrian tradition would seem to have descended first to the Parthian builders, who in the palace of El Hadr built semicircular arches with regular voussoirs decoratively treated. The Sassanians who followed them employed the elliptical or egg-shaped arch, of which the lower part was built in horizontal courses up to about one-third of the height, which lessened the span of the arched portion.

In Europe the earliest arches were those built by the Etruscans, either over canals (see article [Architecture]: Etruscan), or in the entrance gateways of their towns. The skew-arch in the gateway at Perugia shows great knowledge in its execution. From the Etruscans the adoption of the arch passed to the Romans, who certainly employed centreing of some kind, but always economized its use, as is clearly shown by Choisy. Although their walls from the Augustan age were built in concrete, arches of brick were always turned over their entrance doorways, sometimes in two or three rings. The Romans utilized the arch in other ways, sometimes burying it in their concrete construction, as in their vaults, and sometimes introducing it as a veneer only, as in the Pantheon. In their monumental structures in stone, the arch was sometimes built with regular voussoirs, i.e. with a semicircular extrados, and sometimes with the joint carried far beyond. The latter was not done in the early examples of the Tabularium and the Theatre of Marcellus, but in the Colosseum and all the arches of triumph the joints run through the spandrils, notwithstanding the recognition of the arch proper by its moulded archivolt.

Although the value of the pointed arch as a stronger constructional feature than the semicircular (owing to the tendency to sink in the keystone of the latter) had been recognized by the Assyrian builders, who employed it in their drains, it was not used systematically as an architectural feature till the 9th century, in the mosque of Tulun at Cairo; it seems to have been regarded by the Mahommedans as an emblem of their faith, and its use spread through Syria to Persia, was brought to Sicily from Egypt, and was taken back by the Sicilian masons to Palestine and employed throughout the Crusaders’ churches during the 12th century. As the pointed arch had already, for constructional reasons, been employed in Périgord from the commencement of the 11th century, it does not follow that the Crusaders brought it from Palestine, but there is no doubt that its universal employment in France early in the 12th century may have been partly due to its adoption in the Crusaders’ churches. At first in Gothic work both the semicircular and pointed arches were used simultaneously in the same building, the larger arches being pointed, the smaller ones and windows being semicircular. The great value of the pointed arch in vaulting is described in the article [Vault].

We have suggested that the pointed arch became an emblem of Mahommedan faith, and it was introduced in India but not as a constructive feature, for the Hindus objected to the arch, which they say never sleeps, meaning that it is always exerting a thrust which tends to its destruction. In India therefore it was built in horizontal courses with vertical slabs leaning against one another to form the apex. The Moors of north Africa, however, never employed it, preferring the horseshoe arch which they brought into Spain and developed in the mosque of Cordova. In the additions made to this mosque the prayer chamber was enriched by the caliph Mansur, who, to eke out the height, raised arch upon arch. In the Alhambra it appears in the decorative plaster work, and travels northwards into the south of France, where at Le Puy and elsewhere it is found decorating doorways and windows; in England it was employed towards the end of the 12th century.

About the middle of the 14th century at Gloucester the four-centred pointed arch was introduced, which became afterwards the leading characteristic feature of the Tudor style. In France they adopted the three-centred arch in the 15th century.

The ogee arch was the natural result of the development of tracery in the commencement of the 14th century, and in Gloucester (about 1310) the foliations were run one into the other without the enclosing circles. About the middle of the 14th century, in the arcade of the first storey of the ducal palace in Venice, flowing tracery is found, from which the ogee arch there was probably derived, as throughout Venice it becomes the favourite feature in domestic architecture of that and the succeeding century.

The arches are of various forms as follows:—

2. Semicircular arch, the centre of which is in the same line with its springers.

3. Segmental arch, where the centre is below the springing.

4. Horseshoe arch, with the centre above the springing; employed in Moorish architecture.

5. Stilted arches, where the centre is below the springing, but the sides are carried down vertically.

6. Equilateral pointed arches, described from two centres, the radius being the whole width of the arch.

7. Drop arches, with centres within the arch.

8. Lancet arches, with centres outside the arch.

9. Three centre arches, employed in French Flamboyant.

10. Four centre arches, employed in the Perpendicular and Tudor periods.

11. Ogee arches, with curves of counter flexure, found in English Decorated and French Flamboyant.

12. Pointed horseshoe arches, found in the mosque of Tulun, Cairo, 9th century.

13. Pointed foiled arches, in the arcades of Beverley Minster (c. 1230) and Netley Abbey.

14. Cusped arch; Christchurch Priory, Hants.

15. Multifoil cusped arch, invented by the Moors at Cordova in the 10th century.

16. Flat arch, where the soffit is horizontal and sometimes slightly cambered (dotted line).

17. Upright elliptical arch, sometimes called the egg-shaped arch, employed in Egyptian and Sassanian architecture.

18. The Tuscan arch, where the extrados takes the form of a pointed arch.

19. The joggled arch used in medieval chimneypieces and in Mahommedan architecture.

20. The discharging or relieving arch, built above the architrave or lintel to take off the weight of the superstructure.

21. The relieving arch as used in Egypt, in the pyramid of Cheops; and in Saxon architecture, where it was built with Roman bricks or tiles, or consisted of two sloping slabs of stone.

(R. P. S.)

[1] The ultimate derivation of “arch” is the Latin arcus, a bow, or arch, in origin meaning something bent, from which through the French is also derived “arc,” a curve. In French there are two words arche, one meaning a chest or coffer, from Latin arca (arcere, to keep close), hence the English “ark”; the other meaning a vaulted arch, such as that of a bridge, and derived from a Low Latin corruption of arcus, into arca (du Cange, Glossarium, s.v.). The word “arch,” prefixed to names of offices, seen in “archbishop,” “archdeacon,” “archduke,” &c., means “principal” or “chief,” and comes from the Greek prefix ἀρχ- or ἀρχι- from ἄρχειν, to begin, lead, or rule; it is also prefixed to other words, and usually with words implying hatred or detestation, such as “arch-fiend”, “arch-scoundrel”; it is from an adaptation of this use, as seen in such expressions as “arch-rogue,” extended to “arch-look,” “arch-face,” that the word comes to mean a mischievous, roguish expression of face or demeanour.

ARCHAEOLOGY (from Gr. ἀρχαῖα, ancient things, and λόγος, theory or science), a general term for the study of antiquities. The precise application of the term has varied from time to time with the progress of knowledge, according to the character of the subjects investigated and the purpose for which they were studied. At one time it was thought improper to use it in relation to any but the artistic remains of Greece and Rome, i.e. the so-called classical archaeology (now dealt with in this encyclopaedia under the headings of [Greek Art] and [Roman Art]); but of late years it has commonly been accepted as including the whole range of ancient human activity, from the first traceable appearance of man on the earth to the middle ages. It may thus be conceived how vast a field archaeology embraces, and how intimately it is connected with the sciences of geology (q.v.) and anthropology (q.v.), while it naturally includes within its borders the consideration of all the civilizations of ancient times.

In dealing with so vast a subject, it becomes necessary to distinguish. The archaeology of zoological species constitutes the sphere of palaeontology (q.v.), while that of botanical species is dealt with as palaeobotany (q.v.); and every different science thus has its archaeological side. For practical purposes it is now convenient to separate the sphere of archaeology in its relation to the study of the purely artistic character of ancient remains, from that of the investigation of these remains as an instrument for arriving at conclusions as to the political and social history of the nations of antiquity; and in this work the former is regarded primarily as “art” and dealt with in the articles devoted to the history of art or the separate arts, while “archaeology” is particularly regarded as the study of the evidences for the history of mankind, whether or not the remains are themselves artistically and aesthetically valuable. In this sense a knowledge of the archaeology is part of the materials from which every historical article in this encyclopaedia is constructed, and in recent years no subject has been more fertile in yielding information than “archaeology,” as representing the work of trained excavators and students of antiquity in all parts of the world, but notably in the countries round the Mediterranean. It is for its services in illuminating the days before those of documentary history and for checking and reinforcing the evidence of the raw material (the “unwritten history” of architecture, tombs, art-products, &c.), that recent archaeological work has been so notable. The work of the literary critic and historian has been amplified by the spade-work of the expert excavator and explorer to an extent undreamt of by former generations; and ancient remains, instead of being treated merely as interesting objects of art, have been forced to give up their secret to the historian, as evidence for the period, character and affiliations of the peoples who produced and used them. The increase of precise knowledge of the past, due to greater opportunities of topographical research, more care and observation in dealing with ancient remains and improved methods of studying them in museums (q.v.) and collections, has led to more accurate reading of results by a comparison of views, under the auspices of learned societies and institutions, thus raising archaeology from among the more empirical branches of learning into the region of the more exact sciences. This change has improved not only the status of archaeology but also its material, for the higher standard of work now demanded necessarily acts as a deterrent on the poorly equipped worker, and the tendency is for the general result to be of a higher quality.

The archaeological details concerning all subjects which have their “unwritten history” are dealt with in the separate articles in this work, including the ancient civilizations of Assyria, Egypt and other countries and peoples, while the articles on separate sites where excavations have been particularly noteworthy may be referred to for their special interest; see also [Anthropology]; [Ethnology], &c. It remains here to deal generally with the early conditions of the prehistoric ancient world in their broader aspects, which constitute the starting-place for the archaeologist in various parts of the world at different times, and the foundations of our present understanding of the primitive epochs in the history of man.

The beginning of archaeology, as the study of pre-documentary history, may be broadly held to follow on the last of the geological periods, viz., the Quaternary, though it is claimed, and with some reason, that traces of man have been found in Quaternary period. deposits of the preceding or Tertiary period. Although there is no valid reason against the existence of Tertiary man, it must be confessed that the evidence in favour of the belief is of a very inconclusive and unconvincing kind. The discussion has been mainly confined to the two questions (1) whether the deposit containing the relics was without doubt of Tertiary times, and (2) whether the objects found showed undoubted signs of human workmanship. Vast quantities of material have been brought forward, and endless discussions have taken place, but hitherto without carrying entire conviction to the minds of the more serious and cautious students of prehistoric archaeology. A chronic difficulty, and one which can never be entirely removed, is our ignorance of the precise methods of nature’s working. It is an obvious fact, that natural forces, such as glacial action, earthquakes, landslips and the like, must crush and chip flints and break up animal remains, grinding and scratching them in masses of gravel or sand. If it were possible to determine with precision what’ were the peculiarities of the flint or bone, thus altered by natural agencies, it would be easy to separate them from others purposely made by man to serve some useful end. Our present knowledge, however, does not allow us to go so far in dealing with the ruder early attempts of man to fabricate weapons or implements. Even the one feature that is commonly held to determine human agency, the “bulb of percussion,” cannot be considered satisfactory, without collateral evidence of some kind. Flint breaks with what is called a conchoidal fracture, as do many other substances, such as glass. Thus on the face of a flint flake, at the end where the blow was delivered to detach it from the nodule, is seen a lump or bulb, which is usually regarded as evidence of human workmanship. To produce such a bulb it is necessary to deliver a somewhat heavy blow of a peculiar kind at a particular point of a flattened surface; and the operation requires a certain amount of practice. The fulfilment of all the necessary conditions might well be a rare occurrence in nature, and the bulb of percussion has come to be regarded as the hall-mark of human manufacture; but recent investigations have shown that the intervention of man is not necessary and that natural forces frequently produce a similar result. When, therefore, it is a question whether or no a group of rude flints are of human workmanship, evidence of design or purpose in their forms must be established. If this be found, and in addition if a number of flints, all having this character of design, be found together, then and then only is it safe to admit them into the domain of archaeology. There can be no doubt that much time and energy have been wasted, and a number of intelligent workers have been fruitlessly occupied in following up archaeological will-o’-the-wisps, through neglecting this elementary precaution.

Whether or no man produced flint implements before Quaternary times, it would seem to be a necessity that he should have passed through an earlier stage, before arriving at the precision of workmanship and the fixed types Eolithic. found in the old Stone Age deposits known as palaeolithic. It is now claimed that this earlier and ruder stage has actually been discovered in what are known as the Plateau-gravels of Kent, in Belgium, and even in Egypt, and the name of eolithic (ἠὠς, dawn, λίθος, stone) has been bestowed upon them. The controversy as to the human character has been very keen, some alleging that the fractured edges and even the definite and fairly constant types are entirely produced by natural forces. Sir Joseph Prestwich in England, and Alfred Rutot in Belgium, the latter arguing from his own discoveries in that country, have strongly supported the artificial character of the relics. On the other hand it is pointed out that the existence of these implements on the high levels of Kent furnished confirmation of Sir Joseph Prestwich’s theory of the submergence of the district, and that his support was thus somewhat biassed, while the geological conditions in Belgium are not quite comparable with those of the Kent plateau; and the Belgian evidence, whatever it may be worth in itself, is of no avail as corroboration of the Kentish case. It is to be regretted that the conditions are not more convincing, for, as stated above, they agree fairly well with the evolution theory of man’s handiwork, and if they could be accepted, would carry back the evidences to a more remote time when the physical features of Kent were of a very different character. The critics of eoliths have brought forward some facts that at first sight would seem to be of a very damaging nature. It was observed that in the process of cement manufacture the flints that had passed through a rotary machine in which they were violently struck by its teeth or knocked against each other, possessed just those features that were claimed as indisputable proof of man’s handiwork, and that even the forms were the same. These statements have, of course, been met by counter-statements equally forcible, and the matter may still be considered to be in suspense. The great struggle, therefore, is now more closely restricted to the nature of the chipping than as to the quasi-geological question, and if the solution is ever to be found, it will be by means of a closer examination and a better understanding of the difference between intentional and accidental flaking.

On reaching the Palaeolithic period we come to firmer ground and to evidence that is more certain and generally accepted. This evidence is fundamentally geological, inasmuch as the age of the archaeological remains is dependent Palaeolithic. upon that of the beds in which they are found. That they were deposited at the same time is now no longer questioned. The flints are found to have the same colour and surface characteristics as the unworked nodules among which they lie, and are generally rolled and abraded in the same way. This in itself suffices to show that the worked and unworked flints were deposited in their present stratigraphical position at the same time. The remote age of the beds themselves is demonstrated by the presence of bones of animals either now extinct or found only in far distant latitudes, such as the mammoth, reindeer, rhinoceros, &c., and in some cases these bones are found in such relative positions as to prove they were deposited with the flesh still adhering to them, and also that the animal was contemporary with the makers of the flint implements. Evidence of a somewhat different kind is provided for the palaeolithic period by certain caverns that have been discovered in England and on the continent. In these limestone caves palaeolithic man has lived, slept, eaten his food and made his tools and weapons. Much of his handiwork has been left, with the bones of animals on which he lived, scattered upon the floor of the cave, and has been sealed up by the infiltration of lime-charged water, so that the deposit remains, untouched to our own day, below an impermeable bed of stalagmite. In such circumstances there can be no doubt of the contemporaneous character of the remains, natural or artificial, if found on the same level. Moreover, so far as type is a criterion of age, the flint tools found in the cave deposits tend to confirm the date assigned to those of the river-gravels.

It is fairly certain that about the middle of the Tertiary period the northern hemisphere possessed a temperate climate, such that even the polar regions were habitable. But the physical aspect of northern Europe was very different from that of Quaternary times. North of a line drawn roughly from southern England to St Petersburg all was sea. It was during the latter half of the Tertiary period that the continent assumed its present general form, though even in Pleistocene (Quaternary) times England and Ireland formed part of it. The great change of climate from temperate to arctic conditions during the latter half of the Tertiary period has been interpreted in various ways, no one of which is yet universally accepted. There can be little doubt, however, that no single cause was responsible for so complete a change. There may have been some alteration in the relative positions of the earth and the sun, which would conceivably have produced it; but what is practically certain is that the physical geography of northern Europe was affected by considerable difference in level, and it is clear that the raising of mountain ranges and the general elevation of the continent must necessarily have reacted on the climatic conditions. If in the later Tertiary time we find that the Alps, the Carpathians and the Caucasus have come into existence, it is not surprising to find that these huge condensers have brought about a humid condition of the continent to such an extent that this phase has been called the Pluvial Age. The humidity, however, was in some ways only a secondary result of the protrusion of high mountain ranges. The primary cause of the physical conditions that we now find in the valleys and plains was the formation of glaciers. These rivers of ice descending far into the lower levels during the winter months, melted during the summer, causing enormous volumes of water to rush through the valleys and over the plains, carrying with it masses of mud and boulders which were left stranded sometimes at immense distances. The intensity and force of the rivers thus formed would depend upon two factors, first the extent of the watershed, and secondly, the height of the mountains from which the water was derived. The result of increasing cold was that in course of time the northern hemisphere was surmounted by a cap of ice, of immense thickness (about 6000 ft.) in the Scandinavian area and gradually becoming thinner towards the south, but at no time does it seem to have extended quite to the south of England. This is proved by the absence of boulder-clay (glacial mud) in the districts south of London. These arctic conditions were not, however, continuous, but alternated with periods of a much less rigorous temperature during what has been called the Ice Age. Remains both of mammals and plants have been found, under conditions that are held to prove this alternation.

Such being the natural forces at work remodelling the surface of the earth; forces of such gigantic power as to be almost inconceivable in these more placid times, it can easily be understood how, in the course of the many thousands of years before the Quaternary period, when the surface of the globe attained its present aspect, the powerful river-systems of Europe wore their beds deep into the solid rocks. In some cases in Europe the erosive power of the river has worn through its bed to such an extent that the present stream is some hundreds of feet lower than its forerunner in palaeolithic times. From various causes, however, the rivers did not always wear for themselves a deep channel, but spread themselves over a wide area. This seems to have been the case with the Thames near London: the river-bed is not of any great depth, but at various periods it has occupied the space between Clapton on the north-east and Clapham on the south-west. It must not be assumed that the whole of this area of 7 m. or more was filled by the river at any one time, but rather that during the course of the palaeolithic period the river had its bed somewhere between these two limits. For instance, it is probable that at one period the bank of the Thames was at a point nearly midway between the northern and southern limits, where Gray’s Inn Road now stands. It was here that the earliest recorded palaeolithic implement (now in the British Museum) was found towards the close of the 17th century in association with mammoth bones. But it is safe to say that the Thames was a very much wider and more imposing river in palaeolithic times than it is now, when its average width at London is under 300 yds. As, in the course of ages, it changed its bed and by degrees lessened in size and volume, it would leave, on the terraces formed on its banks, the deposits of brick-earth and gravel brought down by the stream, and it is on these terraces that the relics of palaeolithic man are found, sometimes in great quantities. It will be obvious from the nature of the case that the highest terraces, and those farthest apart, should contain the earliest implements; but it is by no means easy in the present state of the land surface and with our present knowledge, to place the remains in their relative sequence. More accurate observation, and a better understanding of the conditions under which these deposits were made, should solve many such problems. Much light has been thrown upon many points by Worthington Smith, who has excavated with great care two palaeolithic floors at Clapton and at Caddington near Dunstable. The latter discovery was of quite exceptional interest as confirming the geological evidence by that of archaeology. In this case the original level at which palaeolithic man had worked was clearly defined, and was prolific of dark-grey implements, which had evidently been made on the spot, as Smith found that many of the flakes could be replaced on the blocks or cores from which they had been struck by palaeolithic man; there were also the flint hammers that had been used in the operation. Above the floor was a layer of brick-earth, again covered by contorted drift, in which also implements occurred, but of a very different kind from those found below. In place of being sharp and unabraded, and with the refuse flakes accompanying them, they were rolled and disfigured, of an ochreous tint, and evidently had been transported in the drift from a much higher level now no longer existing, as the site where they occurred is the highest in the vicinity, about 500-600 ft. above sea-level. Here then we have a clear case of palaeolithic man being compelled to abandon his working place on the lower level by the descent of the waters containing the products of his own forerunners, probably then very remote. In this case the sequence of the various strata may be considered certain, and the remains thus accurately determined and correlated are naturally of extreme value and importance. But even this does not enable us to diagnose another discovery unless the internal evidence is equally clear and conclusive. One point of importance that may be noted is that the older abraded implements were mostly of the usual drift type, while the more recent ones from the “floor” contained forms more highly developed and elaborated, such as occur in the French caves. Explorations of this kind, carefully conducted in a strictly scientific spirit by men of training and intelligence, are the only means by which real progress will be made in this puzzling branch of archaeology.