EMPAXNEL. 



EMPIRIC. 



paid for at the rate of 31 1 0*. for Hum month*, , for six months, and 

 HV. for twelve month*. 



The ljuxl and Emigration Commissioner* are required by their 

 ofloial inntruction* to prepare and issue a diatinct and compendious 

 aocouut of whatever relate* to the agriculture, the commerce, the 

 natural product*, the physical structure, and the ecclesiastical and 

 political institution, of each of the colonies in which they offer land 

 for sale." The Conimiwonen. in puraiianoe of thin object, issue occa- 

 ionally a Colonisation Circular,' which contain* matter calculated to 

 be of maanUil use to emigrant* or penon* who intend at some time to 

 etUe in the ooloniea. 



KM PAN X EL, the writing and entering the name* of a jury on a 

 parchment nchedule or roll of paper by the sheriff. [PANEL.] 



EMPKHOR. from the I-atin f'm/xrd/or. Among the early Romans 

 the title of Imperator wa* beatowed by the acclamation* of hi* soldiers 

 in the camp, and by a rote of the Roman senate, on a commander -in- 

 chief who hud signalised himself by killing a certain imnilxT of the 

 enemy. (Tacit ' Annal.' iii. 74.) The term was gradually extended 

 to signify a Commander-in-chief sent on any important expedition. 

 ((So. ' Pro Lege ManiL, 1 c. 2.) But it still continued usual for the 

 appellation to be bestowed as a special title of honour for some military 

 service ; thus we find that the small military exploits of Cicero con- 

 ferred on him the title of Imperator. C. J. Caesar assumed the name 

 as a pnenomen (Imperator C. J. Caesar), a practice which was followed 

 by his successors, as we may observe on their coins. (Suetonius 

 ' Cajear,' 7fl.) As examples of this title see the coins of ANTONTOS, 

 Ai'HEi.u-s, Ac., in Bioo. Drv. On the reverse of the coin of Aurelius 

 we observe Imp. VIII., that is, Imperator octavum, or imperator the 

 eighth time, which shows, as indeed can be proved from a variety of 

 examples, that the Roman emperors often assumed the title 6n special 

 occasions when they or their generals had obtained some signal 

 victory. This term Imperator then, it will be observed, under the 

 early emperors, cannot be considered as denoting any sovereign power. 

 It was indeed given to private individuals on the occasion of great 

 military success, certainly as late as the time of Hadrian, and perhaps 

 later. (Appian Civil Wars,' lib. 2.) 



After the time of the Antonines the term Imperator seems to have 

 gradually grown into common use as one of the titles which expressed 

 the sovereign of the Roman world, though the name Princeps was also 

 long used as indicating the same rank and power. (See the Dedication 

 of J. Capitolinus to Constantine.) It may be difficult to state when 

 this term Imperator became exclusively the designation of the Roman 

 sovereign. In the introduction to the Digest (De Conceptione Digest- 

 oruni), Justinian assumes the title of Imperator Caesar Flavius Justini- 

 anus, Ac., semper Augustus. [AUGUSTUS, in Bioo. Drv.] In the 

 proemium to the Institutes, Justinian uses the terms [Imperatoria 

 majestas to express his sovereign power, and yet in the same paragraph 

 he calls himself by the name of Princeps, a term which dates from the 

 time of the so-called Republic, and expressed the precedence given to 

 one particular member of the senate. The term Princeps was adopted 

 by Augustus as the least invidious title of dignity, and was applied to 

 his successors. 



Prom the emperors of the West this title, in the year 800, devolved 

 to Charlemagne, the founder of the second or German empire of the 

 West Upon the expiration of the German branch of the Carlovingian 

 family, the imperial crown became elective, and continued so until the 

 last century. The title of emperor of Germany now no longer exists, 

 Francis IL having laid it aside, and assumed the title of emperor of 

 Austria. [AUSTRIA, in GEOO. Drv.] The only other European poten- 

 tates who use the style of emperor are the autocrat of Russia, the 

 monarchs of which country, about the year 1520, exchanged their 

 former title of duke or great duke of Russia for that of Czar or Tzar ; 

 and the emperor of the French. In early times it was asserted by the 

 civilians that the possession of the imperial crown gave to the emperors 

 of Germany, as titular sovereigns of the world, a supremacy over all 

 the kings of Europe, though such was never attempted to be exer- 

 cised ; and they denied the existence of any other empire : but in spite 

 of this denial it is certain that several of the kings of France of the 

 second race, after they had lost the empire of Germany, styled them- 

 selves Basileus and Imperator. Our own king Edgar, in a charter to 

 Oswald, bishop of Winchester, styled himself "Anglorum Basileus 

 omnium que regum insularum oceani quo Britanniam circumjacent!* 

 cunctarum que nationum qua) infra earn includuntur Imperator et 

 Domnui." Alfonso VII. also, in the 12th century, styled himself 

 emperor of Spain. It might be easily shown how the title and rank of 

 king and emperor have been feudalised, as it were, in passing through 

 the ordeal of the middle ages. 



PHASIS, in articulation, is the mode of drawing attention to 

 on* or more word* in a sentence by pronouncing them with a greater 

 volume and duration of sound, and in a higher or lower note, than the 

 adjoining words. In written language there are several symbols by 

 which emphasis is denoted. In manuscript the emphatic word is com- 

 monly underlined ; in printing it is common to employ a different 

 character,particukrly the inclined character called the italic. The 

 Sennan printers have introduced the mode of placing the letters of the 

 emphatic word farther apart from one another. In modern languages 

 the employment of tome symbol for emphasis is more requisite Aan in 

 the ancient languages. In the latter, wW the arrangement of words 



was IMS Bxed, it was generally practicable by the very positi. 

 word in a sentence to denote its emphatic power. Thus, in tli< 

 language, the first word of a sentence, or even of a clause, is generally 

 emphatic ; so also is the last word ; and even in the middle of a sentence 

 the verb is often so placed as to give emphasis to the preceding word. 



EMPHYTEUSIS (ipQvnwru). The term expresses in the Roman 

 law a perpetual right to the enjoyment of land, on condition of paying 

 annually a fixed sum (canon vectigal, pensio) to another person who 

 was considered the owner of the land, and of keeping the land itself in 

 good cultivation. Some writers, indeed, have explained the term to be 

 projierty in watte lands, given on the condition uf cultivating them and 

 paying a certain rent. Savigny, whose deep research. K .HIMM 



law, have thrown light upon many obscure and iniperf. -i-tly un.l 

 passage, by contrasting the right of cmphyteusis with the ten.. 

 the Ager Vectigalis, has shown the important bearing of each of 

 kinds of possession the one upon the other, maintaining lint l.th <.f 

 them are to be considered not as a species of property (like 1 .m>l in 

 the provinces), but as rights jura in re ; for the Roman jurists, he says, 

 expressly ascribe to the hereditary tenant a jus in fumln or JIM / 

 who in the imperial constitution is always distinguished from tin 

 domimis (the landlord). The occupier was called emphytouta, and the 

 owner of the land dominus cmphyteuseos. 



The title of the emphyteuta depended on his paying what he had 

 contracted to pay, and also all the taxes to which the property was 

 liable. If he neglected to pay these dues for three years he might be 

 ejected out of the land by the owner, without having any compensa- 

 tion for his improvements. He could alienate the land after . 

 notice to the owner, who might, however, if he pleased, take the him I 

 at the price of the emphyteuta. If he did not, then the empi 

 could sell it to any person who was able to answer all the demands to 

 which the land was subject by virtue of the contract. In each case 

 the owner was bound to receive the purchaser as his emphyteuta, and 

 confirm his title in due form, for which he could claim a payment nt 

 exceeding a fiftieth part of the price at which the land was sold. 



The relation between the emphyteuta and the owner originated 

 either in a direct grant from the domimis to the emphytouta, made 

 either in the form of an agreement or by way of actual conveyance and 

 delivery (traditio), or else by the emphyteuta acquiring a prescriptive 

 right by a tenancy of 10 or 20 years' duration, in which case a grant 

 made by one who was not the dominus became valid and effectual at 

 the end of the above period. The owner could also make an emphy- 

 tousis by his will. 



The emphyteutic contract does not appear in its special form till 

 the reign of Zeno, for though it had an earlier existence as a contract, 

 yet its nature had been much discussed, and whether it was like 

 locatio eonduclio, or like renditio, could not be settled till Zeno first, 

 and after him Justinian, gave it a special name and a peculiar action. 

 The Digest is the oldest extant authority in which the term emphy- 

 teusis occurs, s. 27, 9, 3, 4. The use and enjoyment expressed by the 

 word emphyteusis were always carefully distinguished from owner- 

 ship; the emphyteuta was a perpetual lessee who paid a perpetual 

 rent to the owner. 



(The subject of the emphyteusis is discussed in the Intl., 8, 24, 3 ; 

 D. 6, 3 ; D. 39, 4 ; Cod. Theod., 10, 3 ; Cud. Justin., 4, 66 ; Muhlen- 

 bruch, Dortrina Pantlertarvm ; Savigny, Dot Recht de$ Beside*, p. '.''.', 

 &c., 5th ed. ; and Mackeldey, Systema Juris Romani. The reader is 

 also referred to a learned note in Hargrave and Butler's edition of 

 Coke upon Littleton, 64 a (n. 1), and 191 a (n. 1) ; to Sir F. Palgrave's 

 Eat/Unit Commonwealth, ii., 208; and to Mr. Hallam's Hittory of Europe 

 during the Middle Ai/es, 10th edition, vol. i., p. 814, et seq.) 



EMPIRIC. This word is derived from the Greek (tiiwiiputit 

 empeirikos), and means a man who derives his knowledge from 

 experience. A medical sect which arose in opposition to that of the 

 dogmatics assumed the name of empirics. Serapion of Alexandria and 

 Philinus of Cos are regarded as the founders of this school. Ever 

 since the world has existed, the human mind, in striving to find out 

 the principles of truth, has considered the matter in two opposite 

 ways. According to one system, the human mind contains the seeds 

 of knowledge ; according to the other, the mind is nothing but a blank 

 sheet of paper, on which experience writes that which man perceives 

 through the senses. Aristotle and Plato are still the representatives 

 of the two opposite systems. 



The science of medicine has been of necessity under the influence of 

 one of the two opposite opinions, and the doctrine of Serapion or 

 Philinus is nothing but the application of the Aristotelian theory, that 

 nothing can be known by the understanding which has not been pre- 

 viously known by the senses. 



Accordingly they maintained that experience was the only true 

 knowledge which was derived from the unerring testimony of the 

 senses ; that dogmatism was erroneous, because it derived its principles 

 from mere imagination. They opposed to the theorists their con- 

 tradictions, and sneered at their learning and acuteness of reasoning 

 as inadequate means of curing diseases. 



The empirics admitted three kinds of experience, the one acquired 

 by chance, the second by experiment*, the third by imitation ; and 

 these three they called the tripod of medical science. However, it in 

 evident that their mode of experience is nothing Imt a disguised mode 

 of reasoning Ly ;ui al"_:y. Kpilngism, as they called it, is as theoretical 



