of property continue distinct, notwithstanding the marriage. In case of no stipulation, a community of goods will, by the operation of law, result from the marriage; so that a special agreement is requisite, in order to maintain a separate property in each party; and this is called a dotal marriage, or one in which the wife's dot, or portion, is regarded as a distinct property. If the marriage is intended to be a dotal one, it must be so expressed, in a formal instrument, drawn up before a notarypublic; and thus the same object is effected, which, under the jurisdiction of the common law of England, can be secured only by the interposition of a third party, and a set of minute and elaborate provisions, creating a trust. The French code does not, however, any more than the English common law, permit any conditions or modifications to be introduced into the marriage contract itself, which makes the personal rights of the parties the same throughout the kingdom; and, in respect to the rights to property, and its possession and use, it does not, like the English common law, affect at all to consider the parties as identified. This community of goods extends to all the movable property of the parties, possessed at the time of the marriage, and to all that is acquired by them during the continuance of the conjugal relation, as well what accrues from their industry, and the use of their property, as that which comes by descent or donation, unless the donation is upon other conditions prescribed on the part of the donor; but, on the dissolution of the partnership, or community of goods and interests, whether by the death of one of the parties, or otherwise, a division is made between them, or between the survivor and the heirs of the deceased partner, as in the case of an ordinary partner ship; but, if the marriage is dotal, the wife's portion, or its value, will continue to be her separate property; but still, unless it be otherwise agreed, the management and income of it will belong to the husband, who is not obliged to give any sureties for his proper management of the trust, unless it shall be so stipulated by the parties. If this separate property consists of lands, neither the husband alone, nor both parties concurring, can dispose of it during the marriage. In general, this separate property, or its value, must eventually, on the dissolution of the marriage, like the wife's share in the partnership funds in the case of community of property, go to the wife, or her representatives. There are, however, certain cases

in which a part or the whole of the capital, of which the portion consists, may be alienated during the marriage; as, for instance, to obtain the release of the husband from prison, to supply the means of support to the family, and in a few other specified cases; but in general, it is to remain the separate property of the wife, and, as such, whether it consists of personal or real estate, descends to her heirs.

HUSKISSON, William, the right honorable, was born 1769, and sent to Paris, while quite young, to study anatomy and medicine. On the breaking out of the French revolution, he was warmly disposed to the liberal side of the question, and was an active member of the London corresponding society, though not, as has been said, of the Jacobin club at Paris. He was soon after, however, introduced to the notice and favor of Mr. Pitt, and, in 1796, was placed in the office of Mr. Dundas (lord Melville), then secretary of the home department. In 1801, he was appointed receiver-general of the duchy of Lancaster, and a commissioner of trade and plantations. He soon after entered parliament as member for Morpeth. Here Mr. Huskisson did not speak much, but was very useful to the ministry in financial matters, both in parliament and in preparing papers. When Mr. Canning's difference with lord Castlereagh induced him to leave the ministry (1809), Mr. Huskisson retired with him, and in subsequent debates it soon appeared that a third party existed in the house, agreeing with the ministry on questions of general policy, but joining the opposition in demanding retrenchment in the public expenditure. On the appointment of Mr. Canning to the foreign secretariship, Mr. Huskisson entered the cabinet with him as president of the board of trade. In the Goderich ministry, he became secretary for the colonies, and retained that post in the Wellington minis. try, composed of the warm enemies of his late friend, Mr. Canning; but it was soon apparent that no cordial coöperation could take place between men of such opposite principles, and Mr. Huskisson and his friends were soon obliged to withdraw. His death took place Sept. 15, 1830. Being present at the celebration on the opening of the Liverpool and Manchester railway, he came inadvertently in the course of one of the steam-carriages, moving at a rapid rate, which passed over him, and crushed one of his legs. He died very soon after.

HUSS, HUSSITES. John Huss was born

in 1373, at Hussinez, near Prachatiz, in Bohemia, whence he acquired the name of Huss, or John of Hussinez. In 1389, he was sent, by his feudal lord and some other patrons, to the university of Prague, where he was distinguished for his talents and industry. Having become the servitor of a professor, to whose library he thereby had access, he had an opportunity of acquiring a degree of theological information, which, for that age, was remarkable. In 1396, he took the degree of master of arts, and, in 1398, delivered public theological and philosophical lectures. In 1402, the office of Bohemian preacher in the Bethlehem chapel at Prague, which was established by a private foundation, was conferred on him. Here he began to acquire influence over the people, with whom, as well as with the students, his sermons were very popular; and, being soon after made confessor to the queen Sophia, he thus gained access to the court. At this time, he became acquainted with the writings of Wickliffe. His knowledge of the Scriptures soon made him feel the justice of that bold reformer's attacks on the abuses of the church, and he now became himself the boldest advocate of a reform which should restore to the corrupt church the simplicity and purity of scriptural Christianity. His boldness did not long remain unobserved; and as, in the frequent disputes of the Germans with the Bohemian academicians, he took part with the latter, he had soon to contend with powerful enemies. This made a national division of that which hitherto had been only a contest between the philosophical schools of the Realists, to which Huss belonged, and of the Nominalists, to which most of the Germans had attached themselves. About 5000 foreign professors and students left Prague, and either created or gave a new impulse to the universities of Leipsic, Erfurth, Ingolstadt, Rostock and Cracow, a loss which Prague and Huss himself, who was now a rector, sensibly felt. Yet he could not be attacked in Bohemia; the great schism had exposed the weakness of the priesthood; Bohemia did not recognise Benedict XIII, nor Gregory XII, after 1409; the nobility and people were excited against the arbitrary decrees of the pope, by some bold spirits, who served as the precursors of Huss's doctrines, and thus became accustomed to judge freely; the government of Wenceslaus favored the anti-papal spirit of many among the people, from political grounds, and from an inclination favorable to Huss, who was generally esteemed. He ventured, there

fore, to censure publicly the corrupt morals of the priests and the laity, and to preach against the sale of papal indulgences in Bohemia; he said nothing new, when he declared masses for the dead, image worship, monastic life, auricular confession, fasts, &c., to be inventions of spiritual despotism and superstition, and the withholding of the cup at the Lord's supper unscriptural. The new pope, Alexander V, finally summoned him to Rome, and, as he did not appear, the archbishop of Prague, Sbynko, commenced the immediate persecution of this preacher of truth. About 200 volumes of copies of Wickliffe's writings were burnt in 1410, in the archbishop's palace, and the Bohemian preaching at the Bethlehemn chapel prohibited. But Huss did not obey either this prohibition or the new summons of John XXIII, but appealed, as his envoys at Rome were imprisoned, to a general council. When the pope caused a erusade against Ladislaus of Naples to be preached in Bohemia, Huss opposed it in the warmest manner, and his friend Jerome expressed himself on the subject in violent language, which the pope ascribed to Huss, who was, in consequence, excommunicated, and Prague laid under an interdict as long as Huss should remain in it. Huss, therefore, distrustful of the protection of the weak king of Bohemia, went to the feudal lord of his birthplace, Hussinez, whose name was Nicholas. Here, and in many places in the circle of Bechin, he preached with much success; here he also wrote his memorable books On the Six Errors, and On the Church, in which he attacks transubstantiation, the belief in the pope and the saints, the efficacy of the absolution of a vicious priest, unconditional obedience to earthly rulers, and simony, which was then extremely prevalent, and makes the boly Scriptures the only rule of matters of religion. The approbation with which these doctrines were received, both among the nobility and common people, increased the party of Huss in a great degree; and, as nothing was nearer to his heart than the diffusion of truth, he readily complied with the summons of the council of Constance to defend his opinions before the clergy of all nations. Wenceslaus gave him the count Chlum and two other Bohemians of rank for his escort. The emperor Sigismund, by letters of safe cduct, became responsible for his personal safety, and John XXIII, after his arrival at Constance, November 4, made promiss to the same effect. Notwithstanding this,

he was thrown into prison, November 28, after a private examination before some of the cardinals, and, in spite of the reiterated remonstrances of the Bohemian and Moravian nobles, was kept in confinement, and, though sick, was not permitted an advocate. At a public examination, June 5, 1415, the fathers of the council interrupted him in his defence by loud and vehement vociferation. In a trial on the 7th and 8th of June, he defended himself at length, in the presence of the emperor; but his grounds of defence were not regarded, and an unconditional recantation of heresies which he had not taught, as well as those which he had, was demanded of him. Huss, however, remained firm in his belief, and the last examination (July 6) eventuated in a sentence of death, which had long since been determined on. Huss on this occasion reminded the emperor of his promise of safe conduct, at which Sigismund could not refrain from showing his shame by a blush; yet the hatred against a man who had ventured to speak the truth was too great to allow any hopes of safety. He was, without being convicted of any error, that same day burnt alive, and his ashes were thrown into the Rhine. On his way to the pile, he was observed to smile at a place where some of his writings had been burnt, and afterwards expired in the midst of joyful prayers. Even his enemies speak with admiration of his unblemished virtue and his firmness in the hour of death.-Hussites. The gentle and pious mind of Huss would not have approved of the terrible revenge, which his Bohemian adherents took upon the emperor, the empire and the clergy, for his death, in one of the most bloody and terrible wars ever known. The decrees and excommunications of the council were despised in Bohemia. Instead of destroying the new doctrines, the auto-da-fé of Constance was the watchword of union for multitudes of all classes, who, from their teacher, were called Hussites. Wenceslaus was compelled, in 1417, to grant them many churches for the celebration of the sacrament in both forms, and as their number increased every day, there were soon many among them who wished for something more than mere religious freedom. The wavering and temporizing conduct of this king (who died August 13, 1419), and the inquisitorial violence of the cardinal legate, John Dominico, kindled the fire of insurrection. The people could not, however, set aside the claims of the hated emperor Sigismund to the vacant 42

VOL. VI.

throne. Always bent upon the extirpation of heretics, faithless in treaties, and unequal to contend with the activity of the Hussites, and the genius of their generals, he was obliged to see the kingdom which he had inherited in a state of anarchy for fifteen years. The Hussites commenced their rebellion by a bloody vengeance on the Catholics; their convents, many of which, in Bohemia, were more splendid than elsewhere, and their churches, were plundered and burnt, and the priests and monks murdered. John Ziska of Trocznow, a Bohemian knight, formed of the large bodies of people which were constantly flocking to him, a well mounted and disciplined army, which, in its barricado of wagons, repelled all attacks, and built the fortified city of Tabor, for a place of arms and a point of defence, upon a mountain consecrated by the field preachings of Huss, and strong by nature, in the circle of Bechin. The oldest friend of Huss, Nicholas of Hussinez, commanded under this general. Nicholas was well known for the courage with which he had, in 1417, placed himself at the head of the Hussites, and beaten and driven from Tabor the faithless Ulrich of Rosenberg, together with the imperial army, in 1420. He resisted, from patriotic motives, the plan of the inhabitants of Prague, to choose a foreign prince for a king, but died, too soon for the welfare of Bohemia, December 25, 1420, with the glory of having been rather a defender of the faith of Huss, than a persecutor of the Catholics. In this persecution, Ziska was the most zealous and most cruel-Ziska of the cup, as he was called, chief of the Taborites, as the Hussites under his banner designated themselves, from their city. The strength of his army, and his victories over the imperialists, gave him an influence in the Bohemian affairs, which was nearly allied to that of a protector. But when the murders and devastations of his army, and of the small bands which made the religious war a pretext for plunder, continually increased, the more moderate Hussites of the nobility, and the citizens of Prague, whose chief concern was the allowance of the cup to the laity at the sacrament (thence called Calixtines or Praguers), and the quiet of the kingdom, were induced to offer the Bohemian throne, first to Ladislaus, king of Poland, then to the grand prince Vitold, of Lithuania, and at last to his nephew Koribut. But Ziska, with the Taborites, dissented, and the difference of these parties, which had appeared in the diversity of

their demands for a church reform, now produced a real division. Nothing was more dangerous to the cause of the Hussites than the multitude of sects and parties in Bohemia; each, since 1421, acted by itself, and they only united against the common enemy, in order that, as soon as he was routed, they might again quarrel with each other. Ziska having become totally blind at the siege of Raby, and victorious over the imperialists, whom he defeated in the great battle of Deutschbrod, and continually successful in small contests against the nobility, who lost immensely by his ravages, without being able to place any limit to them, and against the inhabitants of Prague, who preserved their city from destruction only by a hard and short-lived peace, Sept. 14, 1424, died October 12, of the same year, of the plague. At his death, the fearful mass, which only his military talents and good fortune had held together, fell to pieces. The majority of the Taborites elected for their general Andrew Procopius, who had been recommended by Ziska, and who, having been at first destined to the church, is called the Shorn (Holy, rasus). Koribut, a mere shadow of a king, had been chosen by the inhabitants of Prague, in 1422, and, although he had routed Busso of Vitzthum with the strongest army which Saxony had ever produced, June 16, 1426, at Aussig, was not able to control the ferocity and plundering propensity of the parties among the Hussites, and was obliged to abdicate the throne, in 1427. Procopius showed himself worthy of his predecessor. The decisive victories which he gained in July, 1427, and August 14, 1431, at Miess and Tachau, over the army of the cross, composed of the people of the German empire, and far superior to the Hussites in number, made the arms of the latter not less formidable than the devastating expeditions, which the detached bodies of partisans carried on against the neighboring states almost every year from the beginning of the war until 1432. Austria, Franconia, but especially Saxony and those provinces of Bohemia which were yet obedient to the pope, Lusace and Silesia, were the theatre of the most horrid cruelties and robberies. All parties were now desirous of peace; and, as the German arms were unsuccessful against the Hussites, the council of Basle saw itself compelled by Sigismund, who had always retained a faction among the Bohemian nobility and the inhabitants of Prague, to come to terms with the heretics; and thus, Nov. 20, 1433, a

compromise was made (the compact of Prague), which, however, was not received by all parties, and hostilities recom- . menced, but were ended by a complete victory of the Calixtines and Catholics under Meinhard of Neuhaus, at Bömischbrod, May 30, 1434. The Calixtines, who were now superior, in conjunction with the Catholic states, chose the emperor Sigismund for their king, who swore at Iglau, July 5, 1436, to adhere to the compacts, which had been rendered somewhat easier by the council, in compliance with the wishes of the Calixtines, but was again faithless to his promise, and died Dec. 9, 1437, without having restored perfect quiet to Bohemia. The Taborites, very much weakened, were able to maintain their dispute only in the deliberations of the diet, and in theological controversial writings, whereby their confession of faith acquired a purity and a completeness which made it similar, in many respects, to the confessions of the Protestants of the 16th century; but their religious freedom continually suffered more and more, until they merged in the fra ternity of Bohemian and Moravian Brethren, which arose in 1457, and, under the most violent persecutions, exhibited an honorable steadfastness and purity. (See Bohemian Brethren, and United Brethren.)

HUSSARS; originally, the name of the Hungarian cavalry, raised in 1458, when Matthias I ordered the prelates and nobles to assemble, with their cavalry, in his camp. Every 20 houses were obliged to furnish a man; and thus, from the Hungarian words husz (twenty), and ar (pay), was formed the name Huszar, Hussar. The arms and dress of this light cavalry were afterwards imitated, and the name borrowed by other nations.

HUSTINGS, COURT OF; the principal court in the city of London, of great antiquity, held before the lord mayor and aldermen in London, the sheriffs and recorder in Guildhall. The derivation is uncertain. In a popular sense, it is used in England for a place raised for the candidates at elections of members of parlisment, perhaps from hoistings.

HUTCHESON, Francis, LL. D., an ingenious philosophical writer, was born in the north of Ireland, Aug. 8, 1694, and, in 1710, was entered a student in the univer sity of Glasgow. After spending six years at Glasgow, he returned to his native country, where he was licensed to preach among the Dissenters, but accepted the invitation of some gentlemen acquainted with his talents, to set up a private acade

my in Dublin. In 1725, the first edition of his celebrated Inquiry into the Ideas of Beauty and Virtue appeared without his name; but its merit would not allow the author to be long concealed. In 1728, he published his Treatise on the Passions, which has often been reprinted, and is admired even by those who dispute the soundness of its philosophy. In 1729, he was called to the chair of philosophy at Glasgow. He died in 1747, in his 53d year. In 1755 was published, from his MSS., a System of Moral Philosophy (in three books, 2 vols., 4to.); to which is prefixed some account of the Life, Writings and Character of the Author, by Doctor Leechman, Professor of Divinity in the University of Glasgow. The system of morals of doctor Hutcheson is founded upon nearly the same principles as that of lord Shaftesbury. He deduces all our moral ideas from an implanted moral sense or instinct, like that of selfpreservation, which, independently of argument, or the reasonableness of certain actions, leads us to perform them our selves, and to approve them in others. His works and lectures contributed to diffuse a taste for analytical discussion in Scotland, which led to the production of some of the most valuable writings of the 18th century.

HUTCHINS, Thomas, geographer to the U. States, was born in New Jersey, about 1730. He entered the army in the French war, and served at fort Pitt and against the Indians in Florida. He was imprisoned in England, in 1779, on the charge of having corresponded with doctor Franklin, then American agent in France. On recovering his liberty, he joined the army of general Greene at Charleston. He was nominated geographer-general to the U. States; and died at Pittsburgh, in 1789. He published an Historical Sketch of the Expedition of Bouquet against the Indians of Ohio, in 1764; a Topographical Description of Virginia, Pennsylvania, Maryland and Carolina, with maps (London, 1778); a Historical Account and Topographical Description of Louisiana, West Florida, and Philadelphia (1784).

HUTCHINSON, Ann, a religious enthusiast, who occasioned dissensions in the churches of New England, came from Lincolnshire to Boston, in 1636. She instituted meetings for women, in which, pretending to enjoy immediate revelations, she taught many Antinomian and other sentiments, which soon occasioned great controversy in the colony, and, in 1637, drew together an ecclesiastical synod,

which condemned her errors. Not long after, she was banished from the colony, and removed to a Dutch settlement in New York, where, in 1643, she, and her family, consisting of 15 persons, were captured by the Indians, and all except a daughter killed.

HUTCHINSON, Thomas, a governor of the colony of Massachusetts, was of a family distinguished in the annals of New England, and was born in Boston, in 1711. After graduating at Harvard college, in 1727, he became a merchant; but, not succeeding in trade, engaged in the study of law and politics, in order to qualify himself for public life. He was sent to London to transact some business for the town of Boston, which charge he executed satisfactorily, and, on his return, was elected a representative. He was, after a few years, chosen speaker of the house, and, in 1752, succeeded his uncle as judge” of probate. He was placed in the council, and was appointed lieutenant-governor in 1758, and chief-justice in 1760-all of which offices he held simultaneously for several years. In 1771, he received his commission as governor of Massachusetts. It is affirmed that there was no single officer of the British government in America, who contributed more to produce the separation of the two countries than Hutchinson. His ambition and avarice were such as to render him completely subservient to the views of the British ministry, and to cause him to sacrifice his principles, in order to abet every arbitrary regulation, and to suggest the most odious means of enforcing them. He went so far even as to challenge the legislature to a discussion of colonial rights, which, he believed, he could convince them by argument that they did not understand, and ought to abandon. For some time, he enjoyed considerable popularity in the province, in consequence of his attention to business, and the circumstances of his being a native, and not a member of the English church. But the publication of several of his letters to the ministers, which had fallen into the hands of doctor Franklin in London, and by him had been transmitted to Boston, by which the people became aware of his hypocrisy, and of the odious counsels which he had given against their rights, combined with his obstinacy in preventing the obnoxious tea from being returned to the ships, so exasperated them, that his recall was rendered indispensable. In the year 1774, accordingly, he was removed from his office, and general Gage was put in his