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COUNT

COUNTY

bility used in most countries of continental Eu- Graf(which is variously derived from grau, gray rope, and corresponding with that of earl in or venerable; from ypadw, to write, whence the Great Britain. It is derived from the Latin mediæval Latin word graffare, and the French comes, meaning companion, which, under the greffier; from the ancient Grman gefera, comrepublic, designated young Romans of family panion, and gerefa, bailiff or steward, whence the accompanying a proconsul or proprætor during English sheriff) first appears in the Salic law in his governorship or command, in order to ac- the form of grafio. With the developinent of quire a practical knowledge of political and mili- the feudal system, as well as of that of imperial tary affairs. Under the empire a number of dignitaries in Germany, we find there counts persons belonging to the household of the court, palatine (comes palatii, palatinus, Pfalzgraf), or to the retinue of the chief of the state, re- presiding over the supreme tribunal; constablos, ceived the title of comes, with some addition afterward marshals (Stallgraf); district counts designating their function or office. Comites (Gaugraf); counts deputy (Sendgraf), controlas well as jurisconsulti surrounded the emperor lers of the preceding; margraves (Markgraf), when sitting as judge, to assist him in the hear. intrusted with the defence of the frontiers ing of canses, which were thus judged with the (Mark); landgraves (Landgraf), counts of large same authority as in full senate. This mark of possessions; burggraves (Burggraf), commandoffice was first converted into a title of dignityers, and afterward owners of a fortified town by Constantine the Great. As such it was soon (Burg), &c. With the decline of the imperial conferred not only on persons of the palace, or power most of these titles became hereditary, companions of the prince, but also on most kinds as well as the estates or territories with which of higher officers. These dignitaries, according they were connected, the dignity and possessions to Eusebius, were divided into 3 classes, of which of the counts ranking next to those of the dukes the first received the distinguishing appellation in the empire. But there were also counts of illustrious, the second, that of most renowned, whose title depended solely on their office, as and the third, that of most perfect. The senate counts of the wood, of the salt, of the water, of was composed of the first two. Among the mills, &c. The dignity of count is now merely multitude of officers who, at this period of the a hereditary title, mostly attached to the possesRoman empire, were dignified by the title of sion of certain estates, and bestowed by the comes, and of whom some served in a civil, some monarch, but including neither sovereignty nor in a legal, and others in a religious capacity, we jurisdiction, though connected in some states find comites of the treasury, of sacred expendi- with the peerage, as was the case for instance tures, of the sacred council, of the palace, of the under the late constitution of Hungary. In chief physicians, of commerce, of grain, of the England, where the wife of the earl is still domestics, of the horses of the prince or of the termed countess, the dignity of count was atstable (comes stabuli, the origin of the modern tached by William the Conqueror to the provconstable), of the houses, of the notaries, of the inces or counties of the realm, and given in fee laws, of the boundaries or marks (the origin of to his nobles. The German term has been the later margrave and marquis), of the harbor adopted by several nations of Europe, as for inof Rome, of heritages, &c. Most of these titles stance by the Poles (hrabia), Russians (graf), were imitated, with slight modifications, in the and Hungarians (gróf). feudal kingdoms which arose on the ruins of the COUNTERPOINT. See HARMONY, Roman empire. Thus we can easily trace in some COUNTERSCARP, in fortification, the ontof the above mentioned titles the origin of the er slope or boundary of a ditch. The inner modern grand almoner, grand master of ceremo- slope is called escarpe. The term is applied nies, grand master of the royal household, grand also to the whole covered way, with its paraequerry, &c., in which the word grand is used pet and glacis, as when the enemy is said to be as a substitute for the ancient comes. Under lodged in the counterscarp. the Franks counts appear as governors of cities COUNTERSIGN, the signature of a secretaor districts, next in rank to the dukes, command- ry or other public officer to attest that a writing in time of war, and administering justice in ing has been signed by a superior. Thus the time of peace. Charlemagne divided his whole certificates recognovit

, relegit, et subscripsit are empire into small districts (pagi, Ger. Gaue), common on cbarters granted by kings in the governed by counts, whose duties are minutely middle ages.-In military affairs, the counterdescribed in the capitularies of the monarch. sign is a particular word given out by the highThe Frankish counts had also their deputies or est in command, intrusted to those employed vicars (missi or vicarii, whence our viscount or on duty in camp and garrison, and exchanged vice-comes). Under the last of the Carlovingiah between guards and sentinels. kings of France the dignity of the counts became COUNTY (Fr. comté), in Great Britain and hereditary; they even usurped the sovereignty, some of the British colonies, and in most of the and their encroachments remained unchecked United States of America, a political division even after the accession of Hugh Capet, who nearly corresponding to a province of Prussia was himself the son of the count of Paris, and or a department of France. It is synonymous it was not until the lapse of several centuries with shire, with which designation it is often that their territories became by degrees reunited interchanged in England, but never in Ireland. with the crown. The German term for count, The division of England into shires or counties,

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thongh popularly attributed to Alfred, was prob- He was buried in the cloisters of Westminster
ably of earlier date, since several of them, as Kent, abbey.
Sussex, and Essex are nearly identical with an- COURCELLES, THOMAS DE, a French theolo-
cient Saxon kingdoms. There are now 52 coun- gian, born in 1400, died in Paris, Oct. 23, 1469.
ties in England and Wales, 33 in Scotland, and He was educated at the university of Paris, of
32 in Ireland. The county is an administrative which institution he became one of the bright-
division, and its principal officers are a lord lieu- est ornaments. In 1430 he was chosen rector
tenant, who has command of the militia; a custos of that university, and in 1431 was made canon
rotulorum, or keeper of the rolls or archives; a of Amiens, Laon, and Thérouanne. He took a
sheriff, a receiver-general of taxes, a coroner, prominent part in the trial and condemnation of
justices of the peace, an under-sheriff

, and a Joan of Arc, but was not present at her execuclerk of the peace. The assize court, county tion. In the process of her rehabilitation in 1456 court, and hundred courts, are the chief judicial he made no excuse for his conduct in this affair. tribunals. There are in England 3 counties pala- COURIER DE MÉRÉ, PAUL Louis, a French tine, Chester, Lancaster, and Durham, the earl of scholar and publicist, born in Paris, Jan. 4, 1772, each of which had all the jura regalia, or rights murdered near Veretz (Indre-et-Loire), April of sovereignty, in his shire. The first two of 10, 1825. Having received an excellent educathese have been long annexed to the crown, and tion, he took, while in the army of Italy, every Durham, previously governed by its bishop, was opportunity of visiting libraries and works of annexed in 1836. The United States are divided art, and denounced in his private correspondinto counties, with the exception of South Caro- ence the spoliation of the latter by the French lina (divided into districts) and Louisiana (divid- soldiery. Returning to France in 1800, he ated into parishes). In each county there are tracted the attention of Hellenists by the publicounty officers who superintend its financial af- cation of his remarks upon Schweighäuser's fairs, a county court of inferior jurisdiction, and edition of Athenæus. In 1806 he was again stated sessions of the supreme court of the state. with the army, stationed in dangerous and iso

COUP (French), a blow, is used in various lated parts of Calabria, and afterward at Naples connections to denote a sudden, decisive action, and Portici, where he occupied his leisure as coup de main, in military language, a prompt, hours in translating Xenophon's treatise on unexpected attack;

coup d'oeil, in the same, a cavalry, and on equitation. Censured for linrapid conception of the advantages and disad- gering

in Rome and Florence instead of attendvantages of position and arrangement in a battle; ing to his duties, he threw up his commission, coup de grâce, a killing stroke, finishing the

tor- but rejoined the army just before the battle ments of the victim; coup de théâtre, a sudden of Wagram, after which, however, he left it change in the action; coup de soleil, a stroke of entirely. While in Florence, he had discovthe sun; coup d'état, a sudden, arbitrary, and ered in the Laurentian library an unedited forcible measure in politics, used mostly for the manuscript of Longus, "Daphnis and Chloe," violent overthrow of a constitution.

which he published in Greek and French in COUPON (Fr. couper, to cut), an interest 1810. Having, however, in copying the manucertificate attached to the bottom of bonds on script, accidentally blotted it with ink, he was which the interest is payable at particular pe-accused of doing so purposely, and ultimateriods. There are as many of these certificates ly expelled from Tuscany, while the 27 remainas there are payments to be made, and at each ing copies of the 52 he had printed were seized payment one of them is cut off and delivered by the Tuscan government. This proceeding to the payer.

was probably prompted by Courier's castigation COURAYER, PIERRE FRANÇOIS LE, a Roman of the Florentine library authorities in a spirited Catholic ecclesiastic, born in Vernon, Norman- letter addressed to M. Renouard, and prefixed to dy, 1681, died in England, 1776. He had taken his Longus. On his final return to France in refuge in England (1728) in consequence of a 1814, he married, at the age of 42, a young lady “Defence of English Ordinations," which he 'of 18, a daughter of his friend, the Hellenist had published (1723) as a result of the convic- Clavier. The restoration gave him opportunitions to which he was brought by a correspond- ties of trying his strength in politics. He deence with Archbishop Wake. The correspond- nounced the follies of the new administration ence took place while Courayer was canon of in numerous pamphlets, which produced a strong St. Geneviève, and professor of theology and impression upon the public mind, but involved philosophy. The university of Oxford confer- Courier in troubles with the government, and red on him the title of doctor of laws, and he was arrested on several occasions. His most Queen Caroline settled a pension of £200 on effective pamphlet, Pamphlet des pamphlets, him for a French translation of Father Paul's appeared in 1824, and was called by his biog"History of the Council of Trent.” He also rapher, Armand Carrel, “ the last note of the translated Sleidan's " History of the Reforma- expiring swan,” for during the spring of the tion," and wrote several theological works. He following year he was found shot near his entertained many religious opinions contrary country seat. Five years later it was ascertainto the doctrines and practices of the church of ed that he had been murdered by his gameRome, but declared himself, two years before keeper, Frémont, who had died of apoplexy, his death, still a member of her communion. but no clue was discovered to the motive which

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COURLAND

COURT

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prompted him to the deed. Courier's pam- M. de Brevern, who resides in Mitan, while the
phlets are masterpieces of style. They have been general direction of affairs devolves upon the
published, together with his translations from governor-general of the Baltic provinces, in 1859
the Greek and other works, in Paris, 1834, in Prince Italiski.
4 vols., and reprinted by Didot in 1 vol. The COURT (Lat. curia, the senate house), in the
best edition of his translation of Longus is that early middle ages, the feudal lord and his famn-
of 1825.

ily, with their companions and servants—all the COURLAND, or KURLAND, one of the Baltic persons, collectively regarded, who occupied the provinces of Russia in Europe, bounded N. by various departments of a feudal castle. After the gulf of Riga and Livonia,

E. by the govern- the rise of the modern monarchies the name ment of Vitepsk, S. by that of Kovno, and W. by was given by preēminence to the family of the the Baltic sea; area, 10,608 sq. m.; pop. in 1851, sovereign and their attendants, the residents in 539,270. The face of the country is level, but the royal palace. Pomp and obeisance had interspersed with some hills, the highest of waited on the ancient Roman and oriental maswhich has an elevation of 700 feet. The prove ters of empires, and when Charlemagne founded ince contains a great many forests, especially the empire of the West he adopted the titles of pine and fir, and there are said to be no and ceremonial which were in use in the palace less than 300 lakes and ponds, beside a large of the emperors of Constantinople. The marnumber of small streams and brooks, and sev- riage of the emperor Otho II. with the Byzaneral rivers. Among the larger rivers are the tine princess Theophania, also contributed to Düna, Aa, and Windau. The soil is not rich, spread in Europe the usages of the imperial but when properly tilled is productive. The court of the Orient. The cours plenières, which principal products are wheat, rye, barley, oats, followed the establishment of royal over feudal peas, beans, hemp, flax, and linseed. Clay, supremacy, were assemblages of all the nobility iron, lime, and gypsum are found, and are of the kingdom around the monarch. Charles wrought to some extent. The manufactures V. in vain sought to introduce permanently into are unimportant. The province is formed of the German courts the severe and stately manthe old duchies of Courland and Semigallia, ners of the Spanish; and the Spanish reverences united with the ancient bishoprio of Pilten, and bending of the knee were soon succeeded and the district of Polangen, which once form- by the fashion of merely bowing the head. The ed part of the duchy of Lithuania. It is divid- French court, as organized by Francis I., became ed into 5 arrondissements, each of which is sub- a model of politeness and taste to all Europe. divided into 2 captaincies. It has 2 shipping Affirming that “a court without ladies is a year ports, Libau and Windau. Capital, Mitau. The without spring, and a spring without roses, predominant religion is Protestantism, and the this monarch introduced more of elegance and ecclesiastical affairs are conducted by the consis- freedom into society, and substituted the spirit tory of Mitau. There are about 15,000 members of gallantry for that of courtesy. A distinction of the Greek church and 45,000 Roman Catholics, was made between the severe manners of the who together possess but 19 churches, and are palace and the freer etiquette_allowed in the subject respectively to the bishops of Samogitia field and in travelling. The French court oband Pskof. There are also many Jews, Poles, tained its highest prestige for wit and grace Russians, and various residents of other nations, under Louis XIV. . In England, the courts of among whom are the Krewincks, a race of Fin- Elizabeth and Queen Anne have been most nish descent. The nobility and the city popula- illustrious for the learned and witty men that tion, and the higher classes generally, are of Ger- attended them, and that of Charles II. was man descent, while the peasantry and the lower most famous for its gayety. The court ton is classes are chiefly of Lettish origin. Courland any peculiarity of manner imitated from the was ruled for a long time by sovereign dukes, personal habit of the sovereign. The Spanish as a dependency of the Polish crown. By the language was spoken in the German imperial marriage in 1710 of Duke Frederic William court till about the end of the 16th century, with the princess Anna of Russia, the influence when it was succeeded by the Italian, Near of that empire became predominant in Courland. the end of the 17th century the French had beIt was strengthened in the following year, when come the usual court language in all the counafter the duke's death Anna was appointed tries on the continent, but about the beginning regent, under the protection of Peter the Great. of the present century was partially succeeded After Anna's accession to the Russian throne in by the German in most of the German courts. 1730, her uncle Ferdinand officiated as duke of “The right of admittance or presentation at Courland until his death in 1737. Subsequently court belonged originally only to the nobility. the duchy was ruled by Anna's favorite, the It was extended also to the higher clergy, and to adventurer Biron, who died in 1772, and be- some distinguished persons, as great artists or queathed it to his eldest son Peter. The latter, scholars, whose accomplishments were regarded failing to give satisfaction to the country, was as giving them personal nobility. The reign obliged to cede Courland to Catharine II. in of Frederic the Great and the period of the 1795. Since that time it has formed part of French revolution relaxed the conditions of Russia, though retaining some ancient privileges. presentation, though Napoleon in his new imThe civil governor of Courland is now (1859) perial court revived all the dignities and strict

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Dess of ceremonial which had existed under the pervisory power for the correction of the errors old régime. The precedence of diplomatic agents of inferior tribunals. The assemblies of the and others at court is determined partly by the people, both the centuriata and tributa, had inrelatire rank of states, important republics, as deed a judicial power, but it was exercised in the United States and Switzerland, receiving the hearing of cases in the first instance, and the same honors as kingdoms; and partly by those chiefly of persons charged with capital the degree of relationship to the sovereign, since offences. But in civil causes (judicia privata) Dearly all the European dynasties are united to there was not properly an appeal from the judgeach other by family ties.

ment of the prætor, or of the judges (or more COURT, in law, an institution having a two properly juries) appointed by him. The nearfold object, viz. : the conservation of public est approach to it was the power exercised by order by the suppression of violence and crime, the prætor in certain cases of setting aside the and the adjudication of disputes on civil mat- sentence of the judices for fraud, and so the asters between the individuals constituting a com- sistance of the tribunes was sometimes invoked munity. The first of these is most prominent against the corrupt conduct of the prætor himin s rade state of society; the latter, in an self

. Under the imperial government an apadradced stage of civilization. In the earlier peal was allowed from all inferior judges to the and ruder condition, the laws havo principal emperor, which was in fact usually heard by a reference to protection from personal violence, court composed of the chief officers of state and and the judicial function is chiefly exercised distinguished jurists. Even this court was not, in rendering speedy justice to the offenders. however, strictly subject to the rules which are Apother peculiar distinction is also observable in modern times deemed essential to an apin the adıninistration of laws at the different pellate court. It not only decided cases brought periods above referred to. In the earlier, it is before it by appeal from the final judgments of Tested in the executive, which at that time inferior tribunals, but would take original jurisis usually the sole constituent of the govern- diction in many cases while they were pending ment, and this continues to be the character- before a subordinate court, and not merely istic of every nation whose advance beyond made decisions (decreta) in such cases, but also semi-barbarism is arrested, or whenever from gave opinions (rescripta) to magistrates or pria state of partial civilization it returns again vate persons upon questions proposed by them. to its original rude condition. Such was the - In the constitution of judicial tribunals under primitive administration of laws in the states modern European governments there has been of Greece; the king or chief of a people was a great advance beyond the Roman in all of pot merely a military leader, but also a judge; the particulars which we have named above and this is now the case in oriental autocra- as appertaining to the administration of law. ces with only the modification that where the The separation of the judicial from executive territorial jurisdiction is large, as in Turkey functions has become gradually recognized as o? Persis, the laws are administered by depu- a political principle. In England it was asserted ties

, but who, in like manner as the sovereign at an early period for the protection of personal of small state, each within his respective freedom against royal power, but it was imperdztrict perform the functions of executive fectly carried into effect until within the last 2 and judicial officers. A third circumstance centuries, wben the tenure of judicial office was may be observed, viz.: that in the earlier pe- made independent of the pleasure of the king. mula large discretion is exercised in judicial The clause of Magna Charta, Communia placita proceedings. The laws being few, cases will non sequentur curiam nostram, sed teneantur in occur that are not provided for; and again, per- aliquo loco, though seemingly intended for the sonal security being the chief object had in mere convenience of suitors, by prescribing a view, sommary justice is naturally preferred to certain place for the trial of their causes, inthe more tardy form of proceeding which would stead of compelling them to travel about with be insolved by a regard to the rules of evi- their witnesses wherever the aula regis held by denics which in a more advanced stage of so- the king in person might be, in reality had the ciets are deemed essential; indeed, these rules effect of breaking up that court, and ultimately are an after growth, and require a long expe- of establishing the several courts of common rience and an intellectual habit to develop. - pleas, king's bench, and exchequer, presided The Roman consuls were at first executive and over by justices appointed for that purpose. judicial magistrates. The progress of the peo- The king's bench alone, which retained jurisdicple in civilization was indicated by their de- tion of criminal cases, continued for some time brand of some check upon the arbitrary judg- afterward to be migratory, whence the comhent of the consuls in their judicial capacity, mon form of process returnable to that court which led to the compilation of the laws of the was ubicumque fuerimus ; and this prevailed 1 tables; a still further advance was shown in after the court became fixed like the others at the separation of the judicial from the consular Westminster, and its itinerancy was but a mere office, and the appointment of the prætor. But legal fiction. But the judges of all these courts although the Roman mind was eminently legal, were appointed by the king, and could be reit did not during the existence of the republic moved by him at will; and this power of retrain to a clear idea of the importance of a su. moval continued until by statute 13 William III.

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