The present rule which fixes the ordination of clergy in the Ember weeks
cannot be traced farther back than the time of Pope Gelasius, A.D.
492-496. In the early ages of the church ordinations took place at any
season of the year whenever necessity required. Gelasius is stated by
ritual writers to have been the first who limited them to these
particular times, the special solemnity of the season being in all
probability the cause of the selection. The rule once introduced
commended itself to the mind of the church, and its observance spread.
We find it laid down in the pontificate of Archbishop Ecgbert of York,
A.D. 732-766, and referred to as a canonical rule in a capitulary of
Charlemagne, and it was finally established as a law of the church in
the pontificate of Gregory VII., c. 1085.
AUTHORITIES.--Muratori, _Dissert. de jejun. quat. temp._, c. vii.,
anecdot. tom. ii. p. 262; Bingham, _Antiq. of the Christ. Church_, bk.
iv. ch. vi. § 6, bk. xxi. ch. ii. §§ 1-7; Binterin,
_Denkwürdigkeiten_, vol. v. part 2, pp. 133 ff.; Augusti, _Handbuch
der christlich. Archäol._ vol. i. p. 465, iii. p. 486. (E. V.)
EMBEZZLEMENT (A.-Fr. _embesilement_, from _beseler_ or _besillier_, to
destroy), in English law, a peculiar form of theft, which is
distinguished from the ordinary crime in two points:--(1) It is
committed by a person who is in the position of clerk or servant to the
owner of the property stolen; and (2) the property when stolen is in the
possession of such clerk or servant. The definition of embezzlement as a
special form of theft arose out of the difficulties caused by the legal
doctrine that to constitute larceny the property must be taken out of
the possession of the owner. Servants and others were thus able to steal
with impunity goods entrusted to them by their masters. A statute of
Henry VIII. (1529) was passed to meet this case; and it enacted that it
should be felony in servants to convert to their own use caskets,
jewels, money, goods or chattels delivered to them by their masters.
"This act," says Sir J.F. Stephen (_General View of the Criminal Law of
England_), "assisted by certain subtleties according to which the
possession of the servant was taken under particular circumstances to be
the possession of the master, so that the servant by converting the
goods to his own use took them out of his own possession _qua_ servant
(which was his master's possession) and put them into his own possession
_qua_ thief (which was a felony), was considered sufficient for
practical purposes for more than 200 years." In 1799 a clerk who had
converted to his own use a cheque paid across the counter to him by a
customer of his master was held to be not guilty of felony; and in the
same year an act was passed, which, meeting the difficulty in such
cases, enacted that if any clerk or servant, or any person employed as
clerk or servant, should, by virtue of such employment, receive or take
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