Imatges de pÓgina


are, perhaps, as fairly entitled as the comites COUNTERMARK, in numismatics (from to be considered the root of the subsequent counter and mark). Antiquaries call by counts. The German title Graf corre- this name those stamps or impressions sponds to the title count in other countries which are found on ancient coins or of Europe. From the instructions given medals, and have been given since their to these Grafen, which Marcalf has pre- first impress in the mint. These counterserved, it is evident that they superintend- marks or stamps are often executed withed the administration of justice, the police, out any care, and frequently obliterate the and the taxes. After the time of the Car- most interesting portion of the original lovingian dynasty, the office and name inscription. Thus they correspond with remained, but different classes of counts the codices rescripti. In performing this or Grafen were formed; thus Pfalzgrafen, operation, the new mark was stamped upon or comites palatii, the judges of the court, the coin with a heavy blow of a mallet who decided whether a case should be upon a punch, on which was engraved brought before the king ; Markgrafen, the countermark, of a round, oval, er counts of the frontiers; Holzgrafen, counts square shape. The use of countermarks of the forests, that is, inspectors, &c. appears to have been first adopted by the These royal officers soon usurped power Greeks, but it is impossible to say at what which did not belong to them, and treated period of their history. Upon the Greek the people so badly, that the emperors and coins so altered, the countermarks are kings were obliged to go themselves into generally figures, accompanied by inscripthe provinces, and hold courts, or to send tions. Those of Rome seldom contain particular officers for this purpose, called any thing more than inscriptions and Sendgrafen. The capitularies of Charle- monograms. There have been various magne contain very precise instructions to opinions respecting the cause of these these officers, on the subject of their du- countermarks ; some antiquaries thinking ties. The sheriffs in England were origi- that they were to indicate an augmentanally the deputies of the English counts tion of the value of the money upon which or earls, who correspond to the German they were stamped; others, that they were Grafen. Their Latin title is still vice- vouchers for workmen; and, again, that

Their English title, derived from they were only struck upon money taken shire and gerefa, has the same origin with or received from foreign enemies. "Jobert

, the German Graf. (See Sherif.) In the Millin, De Boze, Bimard, Mabudel, PelGerman empire, the power of the counts leim, Florez, and other antiquaries, have increased with the progress of the nation, exercised their conjectural skill on this whilst the imperial government became subject. During the long war with revoweaker and weaker. They even began lutionary France, England stamped milto transmit their titles to their children, as lions of Spanish dollars with small

, oval did also the dukes, and other officers, in countermarks of the head of George III those times of unpunished usurpation. upon the neck of the Spanish monarch. In the 12th century, the division of coun- Many of them were completely restampties, on the continent of Europe, was ed or countermarked in the mint, and abolished, and thus the counts lost their both impressions were sometimes visijurisdiction, except on their own posses- ble, the English head and reverse not sions. In point of rank, the English earls completely destroying the Spanish head, are considered as corresponding to the armorial bearings and inscriptions. continental counts. (See Earl.)

COUNTERPOINT signifies, in music, a COUNTERGUARDS, in fortification, are part or parts added to a given melody. In small ramparts with parapets and ditches, ancient times, musical sounds were repreto cover some part of the body of a place. sented by certain letters of the alphabet. They are of several shapes, and differently A great improvement was made on the situated. They are generally made before old system by the celebrated Guido the bastion, in order to cover the opposite d’Arezzo, who substituted points or dots flanks from being seen from the covert- in the place of letters. The simple harway, and, in this case, consist of two faces, mony of that period consisted of notes making a salient angle parallel to the faces equal in length, and the term contrapuncof the bastion. They are sometimes made tus, or counterpoint, was applied to it in before the ravelins. The cost of building consequence of the points by which it them is more than proportionate to their was represented being placed under, or, as value, especially when they are sınall, and it were, against each other, on the staff

. without cannon, in which case, particular- By counterpoint, we understand, therefore, ly, they are called couvrefaces.

the several parts which compose musical

harmony; and the science of counterpoint Coup (French; a blow). This term is consists in a knowledge of the rules ac- used in various connexions, to convey the cording to which those parts must be con- idea of promptness and force.-Coup de structed. On this account, the term is main, in military language, signifies a frequently used for musical composition prompt, vigorous and successful general. When the notes employed Coup d'oeil, in a military sense; a rapid are of equal length, the counterpoint is conception of the advantages and weakcalled simple.

When notes of various nesses of positions and arrangements of length are used, the counterpoint is said troops. It is also used for a quick comto be figurate or florid.

prehension of all the points and bearings COUNTERPROOF, in engraving; an im- of any subject.-Coup de théâtre; a sudden pression taken from a newly-printed proof and striking change in the action.—Coup of a copperplate, for the purpose of a d'état is a forcible and arbitrary political closer investigation of the state of the measure. plate, as the proof is, in every respect, the COURLAND (in Russian, Kourliandia; in reverse of the plate, while the counter- German, Kurland); formerly a duchy, to proof has every thing the same way. which also belonged Semigallia.

At COUNTER-REMONSTRANTS (Contraremon- present, they form together the Russian stranten). (See Remonstrants, and Goma- government of Mittau, containing 10,280 rists, under the article of Reformed Church.) square miles, and 581,300 inhabitants.

COUNTERSCARP, in fortification, is propé Courland lies on the Baltic. The Dwina erly the slope or talus of the exterior side forms its frontier to the east. It is situof a ditch, towards the field. The inner ated between lat. 55° 40' and 57° 45 N., slope, on the side towards the place, is and lon. 20° 55' and 27° 10 E., and is called escarpe. Sometimes the covert way generally flat. Morasses and lakes are and glacis are termed counterscarp. numerous. The climate is cold. Though

COUNTY; originally, the district or terri- healthy in general, particularly on the tory under the jurisdiction of a count or coasts, yet fever, dysentery and gout are earl; now, a circuit, or particular portion not uncommon. I'he soil is in general of a state or kingdom, separated from the sandy, in some parts clayey, almost everyrest of the territory, for certain purposes, where susceptible of cultivation, but not in the administration of justice. It is call- remarkably fertile.

The principal proed also a shire. (See Shire.) Each county ductions are grain, flax and hemp. The has its sheriff and its court, with other forests are numerous, and some almost officers employed in the administration of impenetrable. In some parts, the axe has justice, and the execution of the laws. In never yet penetrated. There is little pasEngland, there are 52 counties, and in turage, and the cattle are small. Goats each is a lord-lieutenant, who has com- are numerous : swine and birds do not mand of the militia. The several states abound. The forests contain wild boars, of America are divided by law into coun- bears, wolves, elks, and other game. The ties, in each of which is a county court of coasts, lakes and rivers abound with fish. inferior jurisdiction; and, in each, the su- The country contains mines of iron, quarpreme court of the state holds stated ses- ries of gypsum, turf-bogs and mineral sions.-County palatine, in England, is a

Yellow amber is collected on county distinguished by particular privi- the shores of the Baltic. The manufacleges; so called a palatio (the palace), be- tures are few, comprising only those of cause the chief officer in the county had paper, potashes, spirit distilled from grain, originally royal powers, or the same pow- and bricks. The exports are grain, hemp, ers, in the administration of justice, as the flax, flax-seed, linseed oil, timber, planks, king had in his palace; but these powers skins, wax, honey, tallow, resin, and other are now abridged. The counties palatine, raw products. The principal trade is carin England, are Lancaster, Chester and ried on at the ports of Windau and Liebau. Durham. There is a court of chancery in The roads are obstructed by forests and each of the counties palatine of Durham morasses. The population is composed and Lancaster. There are many privi- principally of Lettonians, Livonians, Gerleges attached to these counties. In none mans and Russians. There are also some of them are the king's ordinary writs of Poles and Jews. The greater part of the any force.-3 Blackstone, 79. (See Count.) inhabitants are Lutherans; about one fifth

County Corporate, in England, is a title are Catholics. The nobility is composed given to several cities or boroughs, which of Poles, Russians and Germans, and poshave extraordinary privileges, so that they sesses great privileges. Courland was anform counties by themselves.

ciently a part of Livonia, and, like the


latter, was conquered in the 13th century, modern times, at first on the model of the by the knights of the Teutonic order. It old Spanish court (the Spanish fashion of was subsequently united with Semigallia, wearing the cloak, Spanish reverences, or and, under the name of the duchy of Cour- bending of the knee, &c., being adopted), land, the two provinces became a fief of and, subsequently, the less formal cerePoland. The duchy, however, was gov- monial of the French court, in the time erned by its hereditary dukes till 1737. of Francis 1, Catharine of Medici, Louis The sixth duke, Frederic William, espous- XIV, which admits of a dress accommoed, in 1710, Anna Ivanowna, princess of dated to the existing fashion, and requires Russia, who, after his death, maintained a mere inclination of the neck. The possession of the duchy; but the govern- obstructions in the way of presentation ment of it was intrusted to prince Ferdi- have been growing fewer and fewer, espenand, brother of the deceased duke. On cially since the time of the French revothe death of Ferdinand, in 1737, the es- lution. The court offices are, in part, the old tates, in consequence of the influence of hereditary offices, derived from the times the empress of Russia, elected her favorite of feudal services. Besides these, there and grand chamberlain, Ernest John Biren, are others of a more modern character, to succeed him, who was exiled to Siberia which are founded, however, in some dein 1740. In 1762, the emperor Peter of gree at least, on the old distribution of Russia recalled Biren, who, after some con- services among such officers as the chief test with prince Charles, son of the king marshal, chamberlain, master of the horse, of Poland, who had been placed over the butler, &c. The modern court offices are duchy in his absence, was declared by now all personal, and have become very the estates the only legitimate duke. In numerous.—Court ladies are noble ladies, 1769, he transferred the duchy to his composing the retinue of the princess. At son, at whose death the estates of Cour- their head stands the dame d' solicited a union with the Russian Court council (Hofrathconsilium aulicum). empire. Catharine consented, and, by an (See Aulic Council.). This corresponds, in edict of April, 1795, secured to the inhab- Germany, to the French conseil du roi

. itants all the privileges which they had Similar authorities, called, in the smaller enjoyed under their princes, and all the states, Landesregierungen, were established rights of her other subjects. Since this in Germany in the 16th century, in imitacime, it has formed a government divided tion of the imperial council, and, like this into five districts. In 1818, the emperor council

, were, by degrees, intrusted with Alexander confirmed the charter of the judicial functions, till they have finally nobility of Courland, which declared the become supreme courts, wherever no parpeasants free, and regulated their relations ticular department is established, with the to their former lords.

charge of presiding over the general adCourt (curtis, curia, aula); the space ministration of justice, and have, as in enclosed by the walls of a feudal residence, Prussia, resigned the name of government in which the followers of a lord used to to the administrative authorities. assemble, in the middle ages, to adminis- COURTS OF JUSTICE. [The first part of ter justice, and decide respecting affairs this article, including all which precedes of common interest, &c. It was next the extended account of the courts of used for those who stood in immediate England, is taken from the German Conconnexion with the lord and master, the versations-Lexicon, and was, of course, pares curiæ, the limited portion of the written by a German lawyer.] The esgeneral assembly, to which was intrusted sence of the judicial power consists in dethe pronouncing of judgments, &c. Final- ciding according to existing law, and the ly, it came to denote the residence of a facts of the case which have been brought prince, with his family and highest officers. before the court. The judge must follow From this court (aula principalis), when scrupulously the existing laws, whether the vassals began to take less part in the they agree with his own convictions or management of the public business, and not. Every departure from them involves this could no longer be transacted on the an overstepping of his own power, and an public court days (at Easter, Whitsuntide infringement upon that of the legislative and Christmas), the different permanent body. Every decision, resting on a devistate authorities were separated with inde- ation from existing law, is invalid; and the pendent powers, and the actual court, the purpose of correcting such deviations gave residents and daily attendants of the prince, rise to the court of cassation in France, acquired a distinct character. The eti- and to the writs of error in England. Still quette of the courts has been formed, in it cannot be denied, that a system of law

is developed far better by the higher styled in England a præcipe, in Germany courts than by express acts of the legisla- a mandatum cum clausula); or, without ture; and the Roman, the most complete of giving the defendant such a choice, the all systems of law, is indebted for its per- writ orders the sheriff absolutely to bring fection to this very circumstance, that its him before a court of justice as soon as extension and improvement, with the ex- the plaintiff gives security for prosecuting ception of a few applications of the legis- his suit (this order is called a pone, or lative power, were effected principally by si te fecerit securum). The various writs the pretors or chief judges. (See Civil receive names from the initial Latin words, Law.) So also the English common law as all the judicial proceedings in the Enghas been built up principally by the courts, lish courts were in Latin till 1730. The who are guided mostly by precedents case is somewhat similar in France, where which their predecessors on the bench the officers of the court (huissiers) execute have established. The ancient French the first summons, like the officers of courts (parliaments and other cours souve- government, without receiving a commisraines) exercised a similar power. They sion from the court. Sentences, in crimdecided contested points of law by arrêts inal cases, are executed in France solely réglémentaires, which were binding also by the advocates of the crown, and not by upon the occurrence of similar cases ; but, the judges; in England, by the sheriffs of when the courts were reörganized, in the counties. The judicial power should 1790, not only was this privilege denied not be accused of a defective organization, them (Code Napol., art. 5), but they were because the courts have no power to exenot even permitted to apply the universal cute their sentences. The constitution principles of right to cases not provided must provide for such an execution; but, for by express law. On the contrary, they strictly speaking, the judicial power has were obliged to refer such cases to the completed its duty in deciding between national assembly. These questions, how- right and wrong. The sentence of a court ever, soon multiplied to such a degree, of justice can never affect the person of a that the right of deciding according to sovereign prince, and, even in regard to general principles and the analogy of his immovable property, there are difficulprevious cases, was restored to the courts, ties in the way of its execution. The and they were even menaced with pun- remedy of the English nation, in this case, ishment, if they refused to make such is stated in the article England. In Gerdecisions, under the pretence that the many, executions could forinerly be oblaws were obscure. (Code Napol., art. 4.) tained against the princes in the imperial A similar course has been pursued in courts, and they were to be carried into Prussia; and it will forever be the duty of effect by the circles of the empire; but, courts, in the explanation and application with the dissolution of the imperial conof the laws, to take for their guidance stitution, this power has ceased. The those higher and eternal principles of German confederation can carry into right which are the same in all ages and effect, against the states composing it, its nations; not, indeed, making them take own decrees, and the decisions of the the place of positive law, but explaining court appointed to arbitrate between difthe positive laws with reference to them. ferent states (the Austragal Instanz), but Many peculiarities, in ancient and mod- cannot take cognizance of the complaints ern constitutions of government, are ex- of a private individual against a sovereign plained, when we reflect that every com- power, whether the one to which he is mand (imperium) is, in itself, distinct from himself subject, or that of another state. the judicial power (jurisdictio). The The above distinction between the

propcourts in Germany are clothed with the er business of courts, to decide on what is power of carrying into effect their own right in particular cases, and the powers of decisions; but this was not always so, nor the executive in regard to the administrais it now the case in other countries. In tion of justice, often appears in the organall civil processes in England, the origi- ization of courts, and the officers of govnal writ is first issued from the chancery ernment concerned in the administration of the kingdom, except in trifling cases, of justice. In the first place, this is obwhere the sum in dispute is less than 40 servable in cases where the object is not shillings. The original writ is put into the so much to settle contested points, as to hands of the sheriff, and contains an order carry into effect the undisputed claims of to hold the defendant to do what the one party on another, or to settle temporaplaintiff requires of him, or to show cause rily the relations of the parties (as, for to the court why he should not (an order instance, in regard to the possession of


certain property), with a view to a final there were still cases in which the lower decision of their rights at a future time. courts might be accused of obvious injusAcknowledgments of debt made before tice in their decisions, and attempts were a public officer, and containing an order made to procure their abolition, and the for their execution in the name of the higher authorities were very ready to government (guaranda, or guarantigia, re- avail themselves of the opportunity. An sembling the French notarial documents), excellent work on the history of this relaand, in general, all indubitable claims, were tion between the executive (conseil privé) not anciently esteemed subjects of judi- and the judicial power in France is that cial examination, in a proper sense, in of Henrion de Pansey, entitled De l'AuGermany; and this view of the subject is torité Judiciare en France (On the Judicial one of the sources of the participation of Authority in France) Paris, 1818, 4to. This the executive in the administration of mixture of the executive and judicial aujustice in that country. Another arises thorities in France, which had become an from the ordinances of the Italian cities. object of universal detestation on account In the second place, the duties of the of the egregious abuses to which it led higher branches of the ministry of justice (such as infringement upon the power of are founded on the same distinction. Noth- the judicature by means of commissions, ing belonging properly to legal decis- by the cassation of legal decisions, by lettres ions falls within the department of a min- de cachet), was abolished by the instituister of justice.* His duty is to provide tion of the court of cassation. (q. v.) By that the tribunals are properly filled, and this means, the gradations of tribunals that they perform their duties. He issues were reduced to two; and the number of mandates enjoining them to administer jus- district courts (tribunaux de première intice (mandata de promovenda justitia). He stance) and the high courts (cours d'appel) hears complaints respecting the delay or was diminished. In Germany, probably non-performance of justice; but, in case to the advantage of the country, the anof a wrong decision, on the part of the cient number of three gradations, procourt, the minister has no right to alter it

. ceeding from the baronial or municipal, To obtain this object, appeal must be the princely and the royal tribunals, has made to higher courts. The establish- been retained. (See Appeal, Courts of.) ment of these courts of appeal was an For a general history of the constitution important improvement in the civil consti- of courts, we are indebted to a celebrated tutions of

Germany. These various gra- jurist, of the Jewish religion, J. D. Meyerdations of courts were unknown to that Esprit, Origine et Progrès des Institutions country in the middle ages. The decis- Judiciaires des principaux Pays d'Europe, ion of every court was final, except that published in 1819–1822, 6 volumes. The sometimes important cases were referred subject, however, is by no means exhausted. to a higher and more experienced tribunal The secret courts of Westphalia, in Ger(the high court); and, after the territorial many, are unique, and have never yet rejurisdiction of the feudal lords had become ceived a full explanation, notwithstanding better settled, a denial of justice in a lower the labors of learned lawyers, such as court could be remedied by carrying the Kopp, Eichhorn and Wigand. It might be complaint to the court of the feudal supe- made a question, whether their establishrior; and, when the judges of the lower ment, which is dated in the 13th century, courts had decided wrongfully, they were had not some connexion with that of the personally responsible to the higher court, inquisition, founded about the same time, where right and wrong were often decided As it is an object of high importance to by an appeal to God in single combat. fix the limits of the judicial power, with But, even after regular courts of appeal respect to the executive and legislative, it had been established, from the lowest rank is equally important to ascertain those up to the imperial, royal, &c. tribunal, and limits with respect to the law of nations. the ancient tribunals which succeeded the In this, too, there is a great confusion, both prince's court (aula principalis) had at- in theory and practice, which it is highly tained a fixed seat and permanent judges important to settle by particular treaties (in England, by Magna Charta, 1215,

in between nations. While it remains, it not France, 1305, and in Germany, 1495), only throws obstacles in the way of inter

course between different states, but also * The states of Germany have a particular de- tends to destroy the confidence of the partment of government, which superintends the subjects in the justice of rulers by the administration of justice, in the same manner as the U. States have departments of state, of the striking inconsistencies which it presents. treasury, &c.

France, as far as we are informed, is the


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