MARTIAL LAW 



MARTIN 



side, with a Hogarthian vividness not outdone by 

 Juvenal himself. 



Martial ban had to wait long for an adequate commenta- 

 tor, and has found him in the author of the Stittenijewhichte 

 Romi, Lndwig Friedliinder, who alone combined the criti- 

 cal power and the archaeological knowledge necessary for 

 the task. The same writer's AI. Valtrii Martialit Einyram- 

 mnton Libri mit erklarenden Anmertungen ( '2 vols. Leip. 

 Issiii famishes the student of Martial with every help 

 available the editor's own work reinforced by that of 

 the best of his predecessors and contemporaries, including 

 the illustrious Cambridge scholar, Munro, to whom the 

 edition appropriately is dedicated. 



Martial Law is the exercise of arbitrary 

 power by the supreme authority in a district or 

 country where the ordinary administration has 

 ceased to be operative, either on account of civil 

 disturbance or because of the presence therein of a 

 Inutile force, though, in the latter cose, the country 

 would be more correctly descrilied as being governed 

 by the 'Laws of War.' Martial law was formerly 

 synonymous with military law, and is often still 

 confounded with it, perhaps l>ecaiise in the aliove- 

 mentioned circumstances the supreme authority 

 often avails himself of courts-martial and of the 

 troo|>s under his command to maintain order. 

 Military Law (q.v.) is the law contained in the 

 Army Act of 1881, which governs the soldier at 

 all times, but affects civilians only when accom- 

 panying a force on active service ; while martial 

 law has been defined as 'no law,' but simply the 

 will of the supreme authority. It is not recognised 

 by British jurisprudence, and no rules are laid 

 down for its application. It is assumed that, when 

 the ordinary civil tribunals fail, the supreme 

 authority will do his best to maintain order. He 

 may therefore, if he thinks right, announce his 

 intention of treating the civil population as though 

 under military law, or in any other way that com- 

 mends itself to him ; but if they are British sub- 

 jects he will have afterwards to justify his action by 

 showing that it was absolutely necessary, and so 

 obtain an indemnity from parliament for conduct 

 which i* in itself illegal. Military tribunals have 

 several times been given power by Act of Parlia- 

 ment to try offenders against the public peace in 

 Ireland, as in 1798, but the proclamations on these 

 occasions merely justified the use of arms against 

 rebellious subjects, not against peaceable citizens. 

 They were announcements of the existence of a 

 state of things in which force would be used against 

 wrong-doers for the protection of the public peace, 

 and wore always followed by Acts of Indemnity. 



On the Continent the practice is different, and 

 when necessary a ' state of siege ' is proclaimed in 

 the dbtarbed district or occupied territory, and the 

 inhabitants are thereby brought to a certain extent 

 under military law. 



Martigny, or MARTIN ACH (the Octodurvt of 

 the Komans), three united hamlets in the Swiss 

 canton of Valais, Ls situated on the Simplon rail- 

 way, 24 miles SE. of the Lake of Geneva. Two 

 noted routes, one to the vale of Chamouni by the 

 Tete Noire or the Col de Balme, the other over the 

 Great St Bernard to Aosta, branch off here. Pop. 

 4417. 



MartiiriK's. a town in the French department 

 of BoiichttH dn-Rhone, is situated on several islands, 

 united by bridges, at the entrance to the Etang de 

 Berre, 20 miles N\V. of Marseilles. From its posi- 

 tion, it has been called the Provencal Venice. Pop. 

 4783, chiefly engaged in catching and curing fish 

 and in shipbuilding. 



Martin. See SWALLOW. 



Martin, the name of five popes, of whom the 

 fourth and fifth deserve a brief notice. MARTIN 

 IV., a native of Brie in Touraine, was born about 



1210, made cardinal in 1261, and elected pope in 

 1281. He was a mere tool of Charles of Anjou, and 

 degraded himself even by employing the weapons 

 of spiritual censure in his behalf. But all his 

 efforts to buttress the French power in Sicily 

 proved futile, and three years after the atrocity of 

 the Sicilian Vespers he died, 1285. MARTIN V. 

 must be noticed as the pontiff in whose election 

 was finally extinguished the great Western Schism 

 (see ANTIPOPE, CHURCH HISTORY). He was 

 originally named Otto di Colonna, of the great 

 Roman family of that name. On the deposition of 

 John XXIII., and the two rival popes Gregory XII. 

 and Benedict XIII., in the Council of Constance, 

 Cardinal Colonna was elected ( 1417). He presided 

 in all the subsequent sessions of the council, 

 and the fathers having separated without discuss- 

 in" the questions of reform, at that period earnestly 

 called for in the church, Martin undertook to call 

 a new council for the purpose. It was summoned 

 to meet at Siena, and ultimately assembled at Basel 

 in 1431, but the pope died suddenly just after its 

 opening. 



Martin. ST, Bishop of Tours, was born at 

 Saharia in Pannonia about the year 31b'. He was 

 educated at Pavia, and at the desire of his father, 

 who was a military tribune, entered the army, first 

 under Constautine, and afterwards under Julian 

 the Apostate. The virtues of his life as a soldier 

 are the theme of more than one interesting legend. 

 On obtaining his discharge from military service, 

 Martin became a disciple of Hilary of Poitiers. He 

 returned to his native Pannonia, and converted his 

 mother to Christianity, but he himself endured 

 much persecution from the Arian party, who were 

 at that time dominant ; and in consequence of the 

 firmness of his orthodoxy, he is the first con- 

 fessor, rather than martyr, honoured in the Latin 

 Church with an office and a feast. On his return 

 to Gaul about 360 he founded a convent of 

 monks near Poitiers, where he himself led a life 

 of great austerity and seclusion ; but in 371 he 

 was drawn by force from his retreat, and made 

 Bishop of Tours. The fame of his sanctity, and his 

 repute as a worker of miracles, attracted crowds of 

 visitants from all parts of Gaul ; and in order to 

 avoid the distraction of their importunity, he estab- 

 lished the monastery of Marmoutier near Tours, 

 in which he himself resided. He died between 

 397 and 401, and St Ninian, who had visited him at 

 Tours and ever preserved the greatest veneration 

 for him, dedicated to his memory the church he 

 was then building at Whithorn in Galloway. His 

 life by his contemporary, Sulpicius Severn*, is a very 

 curious specimen of the Christian literature of the 

 age, and in the profusion of miraculous legends with 

 which it abounds might take its place among the 

 lives of the medieval or modern Roman Church. 

 The only extent literary relic of Martin is a short 

 Confexsion of faith on the Holy Trinitj/, which is 

 published by Galland, vol. vii. 559. In the Roman 

 Catholic Church the festival of his birth is celebrated 

 on the llih Noveml>er. In Scotland this day still 

 marks the winter-term, which is called Martinmas. 

 Formerly people used to l>egin St Martin's Day with 

 feasting and drinking; hence the French expres- 

 sions martiner and faire la St Martin, ' to feast,' 

 and the fact that St Martin is the patron of drink- 

 ing and of reformed drunkards. 



See the books by Reinkena (Gera, 3d ed. 1876), Ch- 

 mard (Poitiers, 1873), Cazenove's tit Hilary and A' 

 Martin ( 1883), and Scullard's Martin of Tours ( 1891 ). 



Martin, BON Louis HENRI, a great French 

 historian, was born at St-Quentin, 20th February 

 1810, and educated for a notary, but already at 

 twenty had determined for a literary career. His 

 first book was an historical romance, Wolfthurm 



