SERVICE 



SERVITUDE 



329 



Service, MUSICAL. The musical arrangements 

 of a full cathedral service in the Church of England 

 are usually as follows : The introductory prayers 

 of morning and evening service, up to the con- 

 clusion of the Lord's Prayer, are sung in monotone. 

 The versicles and responses before the Psalms, after 

 the Creed and Lord's Prayer, and the Litany are 

 Bung to the plain-song adapted to them by Mar- 

 beck from the equivalents in the Catholic Direc- 

 tory, with some traditional variations ; the responses 

 are, however, usually sung in harmony, either in 

 the festal form by Tallis, with the plain-song mostly 

 in the tenor, or in the everyday or ferial form, in 

 simpler harmony. The remaining prayers are sung 

 in monotone, with plain-song inflections and end- 

 ings. The Venite (Psalm xcv.) and Psalms of the 

 day are sung antiphonally to appropriate chants, 

 of which many different collections are in use. 

 Various collections of anthems are also found in 

 different churches. The Canticles (Te Deum, &c.) 

 are sung sometimes to chants, but usually to special 

 settings by the various English writers from Tallis 

 downwards ; the term ' service ' is used as denoting 

 a complete set of music for these parts of the 

 ritual, and is distinguished by the composer's name 

 and the key. An ordinary Morning Service con- 

 sists of settings of the Te Deum and Jubilate, or 

 its alternative the Benedictiis. The Benet/irite is 

 seldom sung. An Evening Service contains set- 

 tings of the Magnificat and Nunc Dimittis, or more 

 rarely of their alternatives the Cantnte Domino and 

 Deiui Misereatur. A Communion Service includes 

 choral settings of the Kyrie Eleison ( the response 

 after each of the Ten Commandments), the Nicene 

 Creed, the Sanctus and the Gloria in Excclsis, and 

 recent composers add the Doxologies before and 

 after the Gospel, the Sarsum Corda, the Aynus 

 Dei, and the Benedictiis. The style of music of 

 a service (in the latter restricted meaning) varies 

 very considerably with the different periods to 

 which the composers belong. Among the most 

 eminent of these are Thomas Tallis (<. 1515-85), 

 Orlando Gibbons ( 1583-16525), John Blow (1648- 

 1708), Henry Purcell (1658-95), William Croft 

 (1677-1727), William Boyce (1710-79), Thomas 

 Attwood (1765-1838), and Samuel Wesley (1766- 

 1837). The style of the last has been largely 

 followed by the innumerable modern writers, many 

 of high excellence. See the collections of Boyce, 

 Arnold, Rimbault, and Ouseley, containing also 

 biographical notices. There are also what are 

 known as Chant Services, the music of which is a 

 free form of chant, of which the well-known 'Jack- 

 son in F ' is a hackneyed example. See also Stainer's 

 Cathedral Prayer-book (Novello). 



Servile Wars. See ROME, Vol. VIII. p. 790, 



and SPARTACUS. 



Servites, the common name for the order of 

 the 'Religious Servants of the Holy Virgin,' 

 founded in 1233 by seven Florentine merchants, 

 who soon removed to Monte Senario, 9 miles from 

 the city. They adopted the rule of St Augustine, 

 with many modifications, receiving papal sanction 

 in 1255 ; and in 1487 Innocent VIII. bestowed on 

 them all the privileges of the other mendicant 

 orders. Before the death of the founders there 

 were 10,000 meml>ers of the order. In England 

 there were no houses before the Reformation, but 

 there is now one in London, with a branch at 

 Bogiior, and three convents of Servite nuns. The 

 habit is black. 



Servitude is a burden affecting land or other 

 heritable subjects, by which the proprietor is either 

 restrained from the full use of his property or is 

 obliged to suffer another U> do certain acts upon it, 

 which, were it not for that burden, would be com- 

 petent solely to the owner ( Erskine, lust. II. i.\. 1 ). 



The name is borrowed from the Roman law, and 

 most of the rules regulating this class of rights in 

 the countries of western Europe are derived more 

 or less directly from the same source. In the 

 Roman law, as now, servitudes are either predial 

 or personal. Predial or real servitudes are those 

 constituted over one subject or tenement in favour 

 of the proprietor of another subject or tenement. 

 It is only as owner of the property that a person 

 enjoys the predial servitudes accessory thereto ; 

 and when the property is transferred the servitudes 

 pass along with it. The tenement in respect of 

 which the servitude is enjoyed is called the dom- 

 inant tenement, and its owner the dominant owner; 

 while the tenement in or over which the right is 

 exercised is called the servient tenement. There 

 is thus always a right on the one side and a corre- 

 sponding obligation on the other. The term servi- 

 tude in Scotland is used equally to express the 

 right and the obligation ; but the term Easement 

 (q.v. ), which is the nearest English equivalent, 

 more generally expresses only the right. Personal 

 servitudes, on the other hand, are those constituted 

 over any subject in favour of a person in his own 

 right, and not as owner of another subject. In 

 Scotland the only rights that have been classed 

 under this head are the different kinds of usufruct 

 or liferent. Real or predial servitudes, which are 

 really the only proper servitudes, were divided in 

 Roman law into uroan and rural the former in- 

 cluding all servitudes connected with buildings 

 wherever situated, the latter all those relating to 

 land uncovered by buildings, whether situated in 

 town or country. Rural servitudes comprise rights 

 of road or way, of driving cattle to water, of 

 pasturage, of fuel, feal and divot, as well as 

 several minor rights of bleaching or of taking away 

 sea-ware, stone, slate, sand, or gravel from the 

 ground of the servient subject. Urban servitudes 

 comprehend such rights as eavesdrop or stillicide, 

 support, and light, air or prospect. Both Scots and 

 English haw have taken from the Roman law 

 another division, very useful in practice, of servi- 

 tudes or easements into two principal classes, which 

 are termed positive and negative. By a positive 

 servitude the dominant owner is entitled to per- 

 form some act, affecting the servient tenement, 

 which, but for the servitude, the servient owner 

 could have prohibited ; thus, all the rural servi- 

 tudes above mentioned are positive. By a nega- 

 tive servitude the owner of the servient tene- 

 ment is prohibited from the exercise of some 

 natural right of property as where he is pre- 

 vented from building on his own land to the 

 obstruction of light. 



Positive servitudes are constituted by grant, 

 recorded or unrecorded, where the consent of the 

 party burdened is expressed in writing, holograph 

 or tested ; or by prescription i.e. by acquiescence 

 in the use of the servitude for forty years. A 

 servitude acquired by prescription is, however, 

 limited by the measure or degree of the use had 

 by him who prescribes. Positive servitudes may 

 also be constituted by implied grant ; e.g. in the 

 case of a severance of one property into two dis- 

 tinct properties, such servitudes as are necessary 

 for the convenient and comfortable enjoyment of 

 the respective properties are held to be granted by 

 implication. Negative servitudes, on the other 

 'hand, can be constituted only by a formal written 

 grant. 



In all servitudes the benefit is confined entirely 

 to the dominant tenement ; but the owner of such 

 tenement must exercise his rights civiliter, and in 

 the way least burdensome to the servient tene- 

 ment. The servient proprietor must do nothing 

 to diminish the use or convenience of the servitude ; 

 and the dominant proprietor is entitled to access 



