206 MARTIAL average breadth. The surface is generally level, though there are elevations rising to the height of 150 ft. above the sea. The promontory of Gay Head, at the S. W. extremity, is 134 ft. above high water, and is much visited. On it there is a lighthouse (lat. 41 20' 52" N., Ion. 70 49' 47" W.), showing a white flashing light, 170 ft. above the sea. The soil is generally lijrht, and a great part of the surface is covered with low forests. The inhabitants are chiefly engaged in navigation and fishing. Martha's Vineyard was discovered by Bartholomew Gosnold in 1602, though he gave the name, not to the island which now bears it, but to a neighboring islet which is now called No Man's Land. In 1642 Martha's Vineyard was settled by Thomas Mayhew, who had been a merchant at Southampton, England. In 1644 it was placed under the jurisdiction of Massachusetts, and in 1664 it was transferred to New York, but was restored to Massachusetts in 1692. It suffered much during the revolutionary war from the British, who plundered it of 2,000 head of cattle. It has of late years become noted for its annual camp meetings and as a summer resort. (See EDGABTOWN.) MARTIAL (MARCUS VALERIUS MARTIALIS), a Latin epigrammatic poet, born in Bilbilis, Spain, March 1, A. D. 43, died near the same place in or after 104. Little is known of his history except from his works, the younger Pliny be- ing the only contemporary author who men- tions him. He went to Rome in 66, resided there 35 years, and then returned to Bilbilis, where he lived at least three years. While in Rome the fame of his epigrams caused them to be sought not only in the capital, but also in Gaul, Germany, and Britain; he enjoyed the patronage and favor of the emperors Titus and Domitian ; was raised to the rank of trib- une and of knight ; and had a mansion in the city, and a villa hear Nomentum. His extant works consist of more than 1,500 short poems, in 14 books, bearing the general title of Epi- grammata. The last two books, consisting of 350 distichs, are named respectively Xenia and Apophoreta. Still another book, contain- ing 33 epigrams on the public shows, and bear- ing only in late MSS. the title of De Specta- culis, is attributed to him. The term epigram had previously been applied to any brief metri- cal effusion of whatever character, on what- ever subject, and thus to the whole mass of the Greek anthology. Martial was the first to limit its meaning to a short poem, abounding in ingenious and pointed thoughts, all of which converge to a pithy and striking conclusion. He displays a singularly fertile fancy, a pungent vir, ;ind refinement and delicacy of diction. No author has furnished a more full and minute <KTi Mention of Roman customs and social habits luring the lirst century of the empire. But In- lavishes adulation upon Domitian, and de- lights in obscenity. Among the best editions are those of Lemaire (3 vols., Paris, 1825) and Schneidewin (Grimma, 1842). Selections from MARTIAL LAW his epigrams have been translated by several English poets, but the only complete version is that by various authors in Bonn's " Classical Library " (London, 1860). There is a German translation by Ramler. Martial, with a French translation, is contained in Nisard's edition of the Latin authors (Paris, 1842); and a trans- lation by several hands, with a memoir by Jules Janin, was edited by Lemaistre and Du- bois (2 vols., 1864). MARTIAL LAW, a term often confounded with military law, but in fact quite distinct from it. Military law, besides some customary law, con- sists chiefly of the articles of war ; that is to say, of the code enacted by the supreme legis- lative authority for the government of the army and navy. It embraces, also, the body of rules and regulations which are prescribed from time to time by competent military authority, for the preservation of the general discipline and order. Military law does not supersede the general municipal law ; it is rather a branch of it, more limited in the range of its applica- tion than the admiralty or the chancery law, for example, yet having a like authority with them. In this country, unlike some of the states of continental Europe, the application of military law to the soldier is not exclusive of, but coordinate with, the general civil law. Every soldier, as a citizen, is subject to the common law of the land; but as a soldier be is amenable to the military law. The special tribunals which administer this law are named courts martial, and hence perhaps has arisen in part the confusion of the military law with the law martial. (See COURT MARTIAL.) Mar- tial law, says Blackstone, is in fact no law at all. Smith, in his " English Republic," says : "Martial law is the law of war, that depends on the just but arbitrary power and pleasure of the king. For, though he doth not make any laws but by common consent in parlia- ment, yet in time of war, by reason of the necessity of it, to guard against dangers that often arise, he useth absolute power ; so that his word is a law." However opposed to other authorities, this expresses what is dis- tinctively meant both in England and in this country by martial law. When in time of ex- treme peril to the state, either from without or from within, the general safety cannot be trusted to the ordinary administration, or the public welfare demands the adoption and exe- cution of extraordinary measures, it may be- come necessary to declare the existence of martial law. This is, indeed, no law at all in its ordinary sense ; it is in fact the abrogation of it. That which is done under martial law has not an immediate constitutional or legisla- tive sanction, as the military or the statute law has. It proceeds directly from the mili- tary power, which has now become supreme. The supreme court of the United States has held that a state legislature may proclaim its existence whenever the public safety demands it; and the constitution, by implication at
