Page:The New International Encyclopædia 1st ed. v. 01.djvu/253

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AGISTMENT.
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AGNESI.

(called the agister) pastures the horses or cattle of another. The agister is not subject to the extraordinary liability of the common carrier (q.v.) and the inn-keeper (q.v.) for the loss of the property intrusted to his care, but is, nevertheless, bound, as an ordinary bailee for hire, to take reasonable care of the animals. On the other hand, he is not, like the inn-keeper, the common carrier, the horse-trainer, etc., entitled to a lien (q.v.) on the animals for his charges. Consult: Sir William Jones, Essay on the Law of Bailments (New York, 1828); Story, Commentaries on the Law of Bailments (Boston, 1878).


AGLA'IA (Gk. Ἀγλαΐα, splendor, beauty). According to Hesiod, the youngest of the three Graces, the wife of Hephæstus.


AGLA'OPHON (Gk. Ἀγλαοφῶν). A Greek painter who lived about 500 B.C. He was the father of Polygnotus and Aristophon, also painters and his pupils. Quintilian praises Aglaophon's pictures for simplicity of coloring.


AGLAU'RA. A play by Sir John Suckling (q.v.), produced in 1637-38, and first published in 1638, in folio, and again in 1646. It is said that the King was present when the play was acted and was so distressed by its sad ending that the author wrote a new conclusion, making the piece a "tragi-comedy."


AGLIARDI, a-ly.nr'd.', Antonio (1832—). Archbishop of Ferrara, and cardinal. He was born at Cologno and studied law and theology at Rome. In 1884 Pope Leo XIII. appointed him Archbishop of Cæsarea in Palestine, and shortly thereafter he was sent as the apostolical delegate to India to settle the Goa controversy with Portugal. In 1889 he was the Papal nuncio in Munich, and four years later filled the same position in Vienna. His personal interference with the ecclesiastical affairs of Hungary, in 1895, resulted in his receiving a public reprimand from the Hungarian government, in consequence of which a dispute arose between Bánffy, the president of the Hungarian ministry, and Kálnoky, the Austro-Hungarian minister of foreign affairs, which culminated in the downfall of the latter. He was appointed Archbishop of Ferrara and cardinal in 1896.


AGLOS'SA (Gk. a, a, priv. -|- ; ;i<ja<Ta, ylo.isa, tongue). A group of anurous amphibia, the frogs, without a tongue and with one pharyngeal opening of the Eustachian tubes. It contains certain fossil forms, but only two recent fami- lies, Pipidæ (South American) and Xenopidæ, (African). See Pipa.


AGNANO, a-nyii'nA. Formerly a small lake near Naples. Italy, situated in the crater of a volcano, now drained on account of its malarial influence. At the right of Lake Agnano lies the Grotto del Cane, whose floor is covered with a stratum of carbonic acid gas of sufficient strength and depth to kill small animals that are put into the grotto. (In the left are situated the vapor baths of San Germano, used by people afflicted with rheumatism and gout. The volcanoes surrounding the lake have been extinct since 1198 A.D. Further on the left from Agnano lies the lake of Astroni, which occupies the crater of an extinct volcano and is surrounded by beautiful woodlands.


AG'NATE (Lat. aiinahif:, born in addition to, from ud, to + "a'"s, born). Agnates, in the law of both England and Scotland, are persons related

through the father, as cognates are persons related through their mother. By the English law of succession, agnates inherit unless the inheritance was received by the deceased person a parte materna, that is, from the mother, or a cognate, in which case it would descend, if he left no issue, to her cognates. In the Roman law, both of these terms had a somewhat different signification. Agnates, by that system, were persons related through males only, whilst cognates were all those in whose connection, though on the father's side, one or more female links intervened. Thus, a brother's son was his uncle's agnate, because the propinquity was wholly by males; a sister's son was his cognate, because a female was interposed in that relationship. The reason for having thus changed the meaning of terms manifestly borrowed from the Roman law seems to be that in Rome the distinction between agnates and cognates was founded on an institution which has not been adopted in the Roman sense by any modern nation — that, namely, of the patria potestas (q.v.). Roman agnati are defined by Hugo to be all those who either actually were under the same paterfamilias, or would have been so had he been alive; and thus it was that, as no one could belong to two different families at the same time, the agnation to the original family was destroyed and a new agnation created, not only by marriage, but by adoption (q.v.).

Justinian abolished entirely the distinction between agnates and cognates, and admitted both to legal succession. As to the legal effects of the distinction in the modern sense, see Succession; Guardian. See the works referred to under Civil Law.


AGNES (Fr. pron. a'nyAs'). (1) In Molière's L'école des femmes, a character who has become proverbial as a type of ingénue. She is a young girl brought up in ignorance of many of the social relations, who innocently makes the most suggestive remarks and without intention cruelly wounds other people's feelings. In English, Wycherley's Mrs. Pinchwife is in some respects patterned after her. (2) A character in Lillo's tragedy, Fatal Curiosity. (3) Agnes Wickfield, in Dickens's David Copperfield. See Wickfield, Agnes.


AG'NES, Countess of Orlamünde. See Agnes of Meran.


AGNES, Saint. A Christian virgin, martyred in Rome by order of Diocletian when about thirteen years old. The legend is that her beauty excited the desires of wealthy suitors, who, vainly seeking her in honorable marriage, accused her to the governor as a Christian. Unmoved, she heard threats of torture, and was sent to the public brothel, where only one, however, ventured to touch her, and he was stricken with miraculous blindness until his sight was restored in answer to her prayers. She was a little later beheaded. Her day is January 21, and her symbol is a lamb. Her legend resembles that of St. Agatha's (q.v.). Consult: A. Butler, Lives of the Saints, under January 21 (London, 1847).


AGNES GREY. A novel by Anne Brontë, published 1847, under her pseudonym of Acton Bell.


AGNESI, a-nya'z*, Maria Gaetana (1718-99). An Italian mathematician, born at Milan. Her family was prominent at Milan, and she had