Page:EB1911 - Volume 22.djvu/442

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427
PROHIBITION—PROJECTION

degrees of conviviality returning home from the ball? The whole design is notoriously full of similar incongruities, of which these are the more significant for being the most plausible. There is hardly a single work of Berlioz, except the H arold symphony and the Symphonic fantastique, in which the determination to write programme music does not frequently yield to the impulse to make singers get up and explain in words what it is all about. The climax of absurdity is in the S ymphonie funébre et trio mph ale, written for the inauguration of the Bastille Column, and scored for an enormous military band and chorus. The first movement is a funeral march, and is not only one of Berlioz's finest pieces, but probably the greatest work ever written for a military band. The Apothéose chorus is in the form of a triumphal march. Because the occasion was one on which there would be plenty of real speeches, Berlioz must needs write a connecting link called Oraison funebre, consisting of a sermon delivered by a solo trombone; presumably for use in later performances. His naive Gasconade genius prefers this to the use of the chorus! Current modern criticism demands plausibility, though it cares little for intellectual soundness: and while practically the whole of Liszt's work is professedly programme music (where it is not actually vocal) and, though there is much in it which is incomplete without external explanation, Liszt is far too “ modern ” to betray himself into obvious confusion between different planes of musical realism. With all his unreality of style, Liszt's symphonic poems are remarkable steps towards the attainment of a kind of instrumental music which, whether its form is dictated by a programme or not, is at any rate not that of the classical symphony. The programmes of Liszt's works have not always, perhaps not often, produced a living musical form; a form, that is, in which the rhythms and proportions are neither stiff nor nebulous. Both in breadth of design and in organization and flow, the works of Richard Strauss are as great an advance on Liszt as they are more complex in musical, realistic and autobiographical content. Being, with the exception of the latest French orchestral developments, incomparably the most important works illustrating the present state of musical transition, they have given rise to endless discussions as to the legitimacy of programme music. Such discussions are mere windmill-tilting unless it is constantly borne in mind that no artist who has anything of his own to say will ever be prevented from saying it, in the best art-forms attainable in his day, by any scruples as to whether the antecedents of his art-forms are legitimate or not. There is only one thing that is artistically legitimate, and that is a perfect work of art. And the only thing demonstrably prejudicial to such legitimacy in a piece of programme music is that even the most cultured of musicians generally understand music better than they understand anything else, While the greatest musicians know more of their art than is dreamt of in general culture. (D. F. T.)


PROHIBITION (Lat. prohibere, to prevent), a term meaning the action of forbidding or preventing by an order, decree, &c. The word is particularly applied to the forbidding by law of the sale and manufacture of intoxicating liquors (see LIQUOR LAWS and TEMPERANCE). In law, as defined by Blackstone, prohibition is “ a writ directed to the judge and parties of a suit in any inferior court, commanding them to cease from the prosecution thereof, upon a surmise either that the cause originally or some collateral matter arising therein does, not belong to that jurisdiction, but to the cognizance of some other court.” A writ of prohibition is a prerogative writ—that is to say, it does not issue as of course, but is granted only on proper grounds being shown. Before the Judicature Acts prohibition was granted by one of the superior courts at Westminster; it also issued in certain cases from the court of chancery. It is now granted by the High Court of justice. Up to 187 5 the high court of admiralty was for the purposes of prohibition an inferior court. But now by the Judicature Act 1873, s. 24, it is provided that no proceeding in the High Court of justice or the court of appeal is to be restrained by prohibition, a stay of proceedings taking its place where necessary. The admiralty division being now one of the divisions of the High Court can therefore no longer be restrained by prohibition. The courts to which it has most frequently issued are the ecclesiastical courts, and county and other local courts, such as the lord mayor's court of London, the court of passage of the city of Liverpool and the court of record of the hundred of Salford. In the case of courts of quarter sessions, the same result is generally obtained by certiorari (see WRIT). The extent to which the ecclesiastical courts were res trainable by prohibition led to continual disputes for centuries between the civil and the ecclesiastical authorities. Attempts were made at different times to define the scope of the writ, the most conspicuous instances being the statute Circumspecte A gatis, 13 Edw. I. st. 4; the Articuli cleri, 9 Edw. II. st. 1; and the later Articuli cleri of 3 ]ac. I., consisting of the claims asserted by Archbishop Bancroft and the reply of the judges. The law seems to be undoubted that the spiritual court acting in spiritual matters pro salute animae cannot be restrained. The difficulties arise in the application of the principle to individual cases.

Prohibition lies either before or after judgment. In order that proceedings should be restrained after judgment it is necessary that want of jurisdiction in the inferior court should appear upon the face of the proceedings, that the party seeking the prohibition should have taken his objection in the inferior court, or that he was in ignorance of a material fact. A prohibition goes either for excess of jurisdiction, as if an ecclesiastical court were to try a claim by prescription to a pew, or for transgression of clear laws of procedure, as if such a court were to require two witnesses to prove a payment of tithes. It will not as a rule be awarded on a matter of practice. The remedy in such a case is appeal. Nor will it go, unless in exceptional cases, at the instance of a stranger to the suit. The procedure in prohibition is partly common law, partly statutory. Application for a prohibition is usually made ex parte to a judge in chambers on affidavit. The application may be granted or refused. If granted, a rule to show cause why a writ of prohibition should not issue goes to the inferior judge and the other party. In prohibition to courts other than county courts pleadings in prohibition may be ordered. These pleadings are as far as possible assimilated to pleadings in actions. They are rare in practice, and are only ordered in cases of great difficulty and importance

Much learning on the subject of prohibition will be found in the opinion of Mr justice Wills delivered to the House of Lords in The Mayor and Aldermerz of London V. Cox (1867, L.R. 2 Eng. and Ir. Appeals, ,239).

In Scots law prohibition is not used in the English sense. The same result is obtained by suspension or reduction. In the United States the Supreme Court has power to issue a prohibition to the district courts when proceeding as courts of admiralty and maritime jurisdiction. Most of the states have also their own law upon the subject, generally giving power to the supreme judicial authority in the state to prohibit courts of inferior jurisdiction.


PROJECTION, in mathematics. If from a fixed point S in space lines or rays be drawn to different points A, B, C, . . . in space, and if these rays are cut by a plane in points A', B', C', the latter are called the projections of the given points on the plane. Instead of the plane another surface may be taken, and then the points are projected to that surface instead of to a plane. In this manner any figure, plane or in space of three dimensions, may be projected to any surface from any point which is called the centre of projection. If the figure projected is in three dimensions then this projection is the same as that used in what is generally known as perspective (q.'v.). In modern mathematics the word projection is often taken with a slightly different meaning, supposing that plane figures are projected into plane figures, but three-dimensional ones into three-dimensional figures. Projection in this sense, when treated by co-ordinate geometry, leads in its algebraical aspect to the theory of linear substitution and hence to the theory of invariants and co-variants (see ALGEBRAIC FORMS).

In this article projection will be treated from a purely geometrical point of view. References like (G. § 87) relate to the article GEOMETRY, § Projectifve, in vol. xi.