Page:Encyclopædia Britannica, Ninth Edition, v. 23.djvu/572

Rh synods, and had rusted unused, because there was no one able and willing to put them in operation against the passive resistance of powerful vested interests.

The bibliography of the council of Trent is very extensive, but a comparatively small number of volumes really suffices the student. The first work of importance is F. Paolo Sai"pi's Istoria del Coneilio Trtdentino, originally published in London (1619) by Antonio de Dominis, archbishop of Spalato, under the pseudonym of Pietro Soave Polano (an Imperfect anagram of Paolo Sarpi Veneto), but better studied in the French version by Pere Le Courayer, with valuable notes (see ). The rival work of Sforza Palavicino, Istoria del Concilia di Trento (1656-57), written to order as a refutation of Sarpi's work, is also indispensable. He had free access to many official documents which Sarpi could not consult, and often corrects him upon points of detail, but a careful reader will find that he confirms him far oftener than he refutes him. It is not enough, as Ranke points out, to compare those two, and take the mean statement as a guide, for they are sometimes in blank contradiction, and other witnesses must be called in to decide the matter. The Acts of the council, so far as they were drafted by Paleotto, were first published by Mendham in 1842; the complete Acts, by both Paleotto and Massarelli, were not accessible till published as Ada Oenuina (Ecumenici Concilii Tridentini by Theiner in 1874. The vast compilation of Jodocus Le Plat, Monumentontm ad Historiam Concilii Tridentini Amplissima Collec/io (7 vols. 4to, 1781-87), Is full of valuable and Interesting matter. The speeches of the Jesuit Laynez, which had such a powerful effect upon the council, have been recently published under the title of Lainez, Disputationes Tridentinx, 2 vols., 1886. Vargas, Lettrei et Jfemoiret concernant le Concile de Trent (1700, partly translated in Geddes, The Council of Trent no Free Assembly, 1714), is of much value. The canons and decrees of the council have been many times published, and are readily accessible; the best edition is that by Richfer and Schulte (1853). There is a convenient abridgment of Palavicino's history prefixed to the Rev. James Waterworth's English version of the Decrees and Canons of Trent (1848), but it is not trustworthy, for the translator has suppressed many statements of the original which tell in various ways against the freedom of the action of the council. To these may be added Sickel, Attenstiicke zur Geschtchte des Konzili zu Trient, 1872; Calenzio, Documenti Inediti e Nuoui Lavori Lelterarii sul Con cilia di Trento, 1874; Dollinger, Samni/utig von Urkunden zur Geschichte des Concilt von Trient, 1876; and the article on the council in Wetzer and Welte's Kirchenleficon.

 TRENTON, a city of the United States, county seat of Mercer county, New Jersey, and capital of the State, is situated in 40° 14′ N. lat. and 74° 45′ W. long., 33 miles north-east of Philadelphia and 57 south-west of New York. It lies very near sea-level (under 45 feet), upon the left (eastern) bank of the Delaware river, at the head of navigation. The city is irregularly built, the streets of different sections running in various directions, without any appearance of system; this is doubtless due to the fact that different portions of the city were originally settled as independent villages. Till recently Trenton was rather backward in the matter of municipal improvements, but an extensive system of paving and sewage has now been entered on. The water supply is obtained by pumping into a reservoir. Street cars run upon one or two of the principal streets; and the city is traversed by the main line of the New York division of the Pennsylvania Rail road. Manufactures are the leading industry, the capital invested in 1880 having been $6,966,830 and the production $12,712,762. In iron and steel manufactures over $2,000,000 were invested, the industry next in importance being the manufacture of stone and earthen ware, for which this city has a national reputation. Rubber goods, watches, and woollen cloths are also made. The population, 22.874 in 1870, was 29,910 in 1880.

Trenton was formed by a consolidation under one charter of several independent villages, known as Falls of the Delaware (settled in 1680), Kingsborough, Bloomsburg, and Lamberton. The name Trenton was given to the settlements about 1720. Its early growth was slow. In 1790 it was selected as the State capital, and two years later it received a city charter. Its growth since that time has been steady, and during the past thirty years has been very rapid.

 TREPANG.See.  TRESPASS, in law, is any transgression of the law less than treason, felony, or misprision of either. The term includes a great variety of torts committed to land, goods, or person, distinguished generally by names drawn from the writs once used as appropriate to the particular trans gression, such as vi et armis, quare dausum fregit, de bonis asportatis, de uxore abducta cum bonis viri, quare filium et heredem rapuit, &c. Up to 1694 the trespasser was regarded, nominally at any rate, as a criminal, and was liable to a fine for the breach of the peace, commuted for a small sum of money, for which 5 W. and M. c. 12 substituted a fee of 6s. 8d. recoverable as costs against the defendant. Trespass is not now criminal except by special statutory enactment, e.g., the old statutes against forcible entry, the Game Acts, and the private Acts of many rail way companies. When, however, trespass is carried sufficiently far it may become criminal, and be prosecuted as assault if to the person, as nuisance if to the land. At one time an important distinction was drawn between trespass general and trespass special or trespass on the case, for which see. The difference between trespass and case was sometimes a very narrow one; the general rule was that where the injury was directly caused by the act of the defendant the proper remedy was trespass, where indirectly, case. The difference is illustrated by the action for false imprisonment: if the defendant himself imprisoned the plaintiff the action was trespass; if a third person did so on the information of the defendant it was case. A close parallel is found in Roman law in the actio directa under the lex Aquilia for injury caused directly, the actio utilis for that caused indirectly. One of the reasons for the rapid extension of the action on the case, especially that form of it called assumpsit, was no doubt the fact that in the action on the case the defendant was not allowed to wage his law (see ).

In its more restricted sense, trespass is generally used for entry on land without lawful authority by either a man, his servants, or his cattle. To maintain an action for such trespass the plaintiff must have possession of the premises. The quantum of possession necessary to enable him to bring the action is often a question difficult to decide. In most instances the tenant can bring trespass, the reversioner only case. By the Judicature Act, 1873, a mortgagor in possession can sue for trespass in his own name. Remedies for trespass are either judicial or extrajudicial. The most minute invasion of private right is trespass, though the damages may be nominal if the injury was trivial. On the other hand, they may be exemplary if circumstances of aggravation were present. Pleading in the old action of trespass was of a very technical nature, but the old-fashioned terms alia enormia, replication de injuria, new assignment, &c., once of such frequent occurrence in the reports, are of merely historical interest since the introduction of a simpler system of pleading, unless in those American States where the old pleading has not been reformed. The (q.v.) in trespass was formerly local, in case transitory. In addition to damages for trespass, an injunction may be granted by the court. The power to grant injunctions against threatened or apprehended trespass has been considerably enlarged by the Judicature Act, 1873. The principal instances of extra-judicial remedies are distress damage feasant of cattle trespassing, and removal of a trespasser without unnecessary violence, expressed in the terms of Latin pleading by molliter manus imposuit.

Trespass may be justified by exercise of a legal right, as to serve the process of the law, or by invitation or licence of the owner, or may be excused by accident or inevitable necessity, as deviation from a highway out of repair. Where a man abuses an authority given by the law, his wrongful act relates back to his entry, and lie becomes a trespasser ab initio, that is, liable to be treated as a trespasser for the whole time of his being on the land. Mere breach of contract, such as refusal to pay for wine in a tavern which a person has lawfully entered, does not constitute him a trespasser ab initio. A trespass of a permanent nature is called a continuing trespass; such would be the permitting of one's cattle to feed on another's land without authority.

In Scots law trespass is used only for torts to land. By the Trespass (Scotland) Act, 1865, trespassers are liable on summary conviction to fine and imprisonment for encamping, lighting fires, &c., on land without the consent and permission of the owner.

 TREVES (French, Trèves; German, Trier}, formerly the capital of an archbishopric and spiritual electorate of the empire, and now the seat of a Roman Catholic bishop and the chief town of a governmental district in the Prussian province of the Rhine, is situated on the right