Page:Encyclopædia Britannica, Ninth Edition, v. 12.djvu/320

This page needs to be proofread.
308
HOT—HOT
often presented with gifts (e vta), and sometimes a die (dcrrpdyaAos) was broken between them. Each then took a part, a family connexion was established, and the broken die served as a symbol of recognition; thus the members of each family found in the other hosts and protectors in case of need. As the foreigner was not recognized by the law of the state in which he travelled, he could appear in a court of justice only through his host. Similar customs seem to have existed among the Italian races. In Rome there was a tie recognized by the law between host and guest, almost as strong as that which connected patron and client. Jupiter Hospitalis watched over the jus hospitii. As in Greece the connexion often became hereditary; and a tessera hospitalis was broken between the parties.

Besides this private connexion there was a custom according to which a state appointed among the citizens of another state one man called irp6$evo& lt; ; to protect any of their citizens travelling in his country. Some times an individual came forward voluntarily to perform these duties on behalf of another state (e^eXoTrpo^fvos). Many cases occur where such an office was hereditary; thus the family of Callias at Athens were proxenoi of the Spartans. We find the office mentioned in a Corcyraean inscription dating probably from the 7th century b.c., and it continued to grow more important and frequent throughout Greek history. There is no proof that any direct emolument was ever attached to the office, while the expense and trouble entailed by it must often have been very great. Probably the honours which it brought with it were sufficient recompense. These consisted partly in the general respect and esteem paid to a proxenos, and partly in many more substantial honours conferred by special decree of the state whose representative he was, such as 7riya/y,i a, yrjs eyKT^cris, dreAeta, dcruAt a, TrpoeSpia, and sometimes full citizenship. Public hospitium seems also to have existed among the Italian races; but the circumstances of their history prevented it from becoming so important as in Greece.

HOTCH-POT (or Hotch-potch, Hodge-podge), in law, is the name given to a rule of equity whereby a person, interested along with others in a common fund, and having already received something in the same interest, is required to surrender what has been so acquired into the common fund, on pain of being excluded from the distribution. The following is an old example given in Coke on Littleton : " If a man seized of 30 acres of land in fee hath issue only two daughters, and he gives with one of them 10 acres in marriage to the man that marries her, and dies seized of the other 20; now she that is thus married, to gain her share of the rest of the land, must put her part given in marriage into hotch-pot; i.e., she must refuse to take the profits thereof, and cause her land to be so mingled with the other that an equal division of the whole may be made between her and her sister, as if none had been given to her; and thus for her 10 acres she shall have 15, or otherwise the sister will have the 20." In the common law this seems to have been the only instance in which the rule was applied, and the reason assigned for it is that, inasmuch as daughters succeeding to lands take together as coparceners and not by primogeniture, the policy of the law is that the land in such cases should be equally divided. The law of hotch pot applies only to lands descending in fee-simple. The same principle is noticed by Blackstone as applying in the customs of York and London to personal property, It is also expressly enacted in the Statute of Distributions ( 5) that no child of the intestate, except his heir-at-law, who shall have any estate in land by the settlement of the intestate, or who shall be advanced by the intestate in his life time by pecuniary portion equal to the distributive shares of the other children, shall participate with them in the surplus : but if the estate so given to such child by way of advancement be not equivalent to their shares, then such part of the surplus as will make it equal shall be allotted to him. It has been decided that this provision applies only to advancements by fathers, on the ground that the rule was founded on the custom of London, which never affected a widow s personal estate. The heir-at-law is not required to bring any land which he has by descent or other wise from the deceased into hotch-pot, but advancements made to him out of die personal property must be brought in. The same principle is to be found in the collatio bonorum of the Roman law : emancipated children, in order to share the inheritance of their father with the children unemancipated, were required to bring their pro perty into the common fund. It is also found in the law of Scotland. " It seemeth," says Littleton, " that this word hotch-pot is in English a pudding; for in a pudding is not commonly put one thing alone, but one thing with other things together."

HOTHO, Heinrich Gustav, was born at Berlin in 1802, and died in his native city on Christmas day 1873. He made a name for himself in Germany as an historian rather than as a critic of art. Yet he remained second to his contemporary Waagen in experience, grasp of subject matter, and subtlety of eye. Nor had he the good fortune which accompanied Waagen through life to find patrons and friends in all countries of Europe. No one could have foreseen that Hotho would one day be an authority on art. During boyhood he was affected for two years with blind ness consequent on an attack of measles. But recovering his sight he studied so hard as to take his degree at Berlin in 1826. A year of travel spent in visiting Paris, London, and the Low Countries determined his vocation. He came home delighted with the treasures which he had seen, worked laboriously for a higher examination, and passed as " docent " in aesthetics and art history. In 1829 he was made professor at the university of Berlin. In 1833 Waagen accepted him as assistant in the museum of the Prussian capital; and in 1858, after the death of Schorn, he was promoted to the directorship of the print- room. This was Hotho s last step in life. When W T aagen died he had hopes of succeeding him, but these hopes were disappointed, not because in this walk Hotho was unfitted for the duties he was ambitious of performing, but probably because his experience was not considered sufficiently exten sive. During a long and busy life, in which his time was divided between literature and official duties, Hotho s ambition had always been to master the history of the schools of Germany and the Netherlands. Accordingly what he published was generally confined to those countries. In 1842-43 he gave to the world his account of German and Flemish painting. From 1853 to 1858 he revised and published anew a part of this work, which he called " the school of Hubert van Eyck, with his German pre cursors and contemporaries." His attempt later on to write a history of Christian painting overtasked his strength, and was far from finished when the last sickness fell on him. Hotho s name will be honourably remembered as that of an amiable and industrious man, earnest from the first in his effort to throw light on an obscure and recon dite subject. His training unfortunately confined him to one section of the field in which art history is comprised, and his comparative ignorance of Italian painting was the cause why he did not climb the last step to which Waagen had been able to ascend.

HOTMAN, or Hottoman, François (15241590), one of the most learned of French civilians, and a brilliant publicist, was born at Paris in 1524, of a family which had come, in the days of his grandfather, from Silesia. His father a