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THE 



ENCYCLOPEDIA BRITANNICA 



ELEVENTH EDITION 



FIRST 


edition, published in three volumes, 


1768—1771. 


SECOND 


»t tf 


ten ,, 


1777— 17«4> 


THIRD 


(• tt 


eighteen „ 


1788— 1797. 


FOURTH 


tt ft 


twenty ,, 


1 801— 1 8 10. 


FIFTH 


»• t* 


twenty „ 


1815—1817. 


SIXTH 


>» X 


twenty „ 


1813— 1824. 


SEVENTH 


tt tf 


twentjr-ooe „ 


1830— 184a. 


EIGHTH 


tf tt 


twenty-two „ 


1853— 1860. 


NINTH 


tt t» 


twenty-five „ 


1875— 1889. 


TENTH 


„ ninth edition and eleven 






s« 


ipplementary volumes, 


190*— 1003. 


ELEVENTH 


„ published in twenty-nine volumes, 


1910—19x1. 



THE 

ENCYCLOPEDIA BRITANNICA 

A 

DICTIONARY 

OF 

ARTS, SCIENCES, LITERATURE AND GENERAL 

INFORMATION 

ELEVENTH EDITION 

VOLUME VII 

CONSTANTINE PAVLOVICH to DEMIDOV 



NEW YORK 
THE ENCYCLOPEDIA BRITANNICA COMPANY 

1910 



Copyright, in the United State* of America, 19x0* 

by 

The Encyclopaedia Briunnica Company. 



INITIALS USED IN VOLUME VII. TO IDENTIFY INDIVIDUAL 

CONTRIBUTORS,* WITH THE HEADINGS OF THE 

ARTICLES IN THIS VOLUME SO SIGNED. 



A.B.P.T 


A. Bo* 


JLGft. 


A.B.B. 


A.K.J. 


A. P. P. 



a.g. 

A. Go.* 
A.BLJ.G. 

A.H.P. 

A.J.B. 
A.J.B.* 

A.J.B. 

A.L. 
A.Bw. 



Alexander Bell Filson Young. 

Foniwrly Editor of the Outlook. Author of Christopher Columbus; Master-singers; 
The Compute Motorist; Wagner Stories; Ac 



(in part). 



Auguste Boudinhon, D.D.. D.C.L. f -_,!« BjkMl 

Professor of Canon Law in the Catholic University of Pari*. Honorary Canon of i J™ *°™ 
Pari*. Editor of the Canonist* conUmporain. I WCmMs. 



1 Cum (in part). 



Gortrdalt; Cox, Rlehard; 



..... ^ «mraw vox* luenar 
ry in Ae University J C|tte Joto Craomor; 
tgraphy, 1803-1901. J zr~** Jr^L^ili 
Cranmer; Ac I WOmwoJl, TMBMt; Bn 



Criminology. 



{ 



t conUmporain. 

Arthur Cayley, LL.D., F.R.S. 

See the biographical article: Cayley, Arthur. 

Rev. Andrew Ewbank Burn, M.A., D.D. 

Vicar of Halifax and Prebendary of Lichfield. Author of An Introduction to the 
Creeds and the Te Deum ; Nieeta of JUmesiana; Sac 

Arthur Ernest Tolllyte. M.A. 

Fellow of, and Tutor and Mathematical Lecturer at. Corpus Christi College, Oxford 
Senior Mathematical Scholar, 1892. 

Albert Frederick Pollard, M.A., F.R.Hist.Soc 

Fdlow of All Souls' College, Oxford. * Professor of English History ii 
of London. Assistant Editor of the Dictionary of National Buy 
Author of England under the Protector Somerset; Life of Thomas 

Major Arthur George Frederick Griffiths (d. 1008). 

H.M. Inspector of Prisons, 1878-1896. Author of The Chronicles of Newgate; 
Secrets of the Prison House; Ac 

Rev. Alexander Gordon, M.A. 

Lecturer on Church History in the University of>Manchester. 

Abel Hendy Tones Greenidge, M.A., D.Lrrr. (Oxon.) (d. 1905). 

Formerly Fellow and Lecturer of Hertford College, Oxford, and of St John's College, 
Oxford. Author of Jnfamia in Roman Law; handbook of Creeh Constitutional 
History; Roman Public Life; History of Rome. Joint-author of Sources of Roman 
History, IJJ-70 *£- 

Rev. Arnold Hill Payne, M.A. 

Chaplain, Oxford Diocesan Mission to the Deaf and Dumb. Late Normal Fellow, 
National Deaf Mute College, Washington, U.S.A. Author of The Mental Develop- 
ment of the Orally and Manually taught Deaf; The Pure Oral Method of necessity a 
Comparative Failure; Ac 

Alfred Joshua Butler, M.A., D.Lrrr. 

Fellow and Bursar of Brasenose College, Oxford. Fellow of Eton College. Author ■ Copts: The Coptic Church. 
of The Ancient Coptic Churches of Egypt ; The Arab Conquest of Egypt', Ac. 

Arthur John Butler, M.A. (1844-1010). 1 

Formerly Fellow of Trinity College, Cambridge, and Professor of Italian Language J 
and Literature, University College, London. Author of a prose translation of J 
Dante's Divine Comedy; Dante and his Times; Ac 1 

Arthur John Evans, M.A., D.Lirr., LL.D.. F.KJS., F.S.A. 

Fellow of Brasenose College, Oxford. Keeper of Ashmolean Museum, Oxford, 1884- 
1908. Hon. Keeper since 1908. Made archaeological discoveries in Crete, 1893; 
excavated the Palace of Knossos. Author of Through Bosnia on Foot; Cretan 
Pictographs and Prae-Phoenician Script; and other works on archaeology. 

Andrew Lang. 

See the biographical article: Lang, Andrew. 

Allen Mawer. M.A. f 

Professor of English Language and Literature, Armstrong College, Neweastle-on- I 
Tyne. Fellow 01 Gonvtlle 2nd Caius College, Cambridge. Formerly Lecturer in 1 
English at the University of Sheffield. t 



Consul: Roman, 



Deal and Dumb. 



Crete: Archaeology and 
Ancient History. 



CijsUMUiuic. 



1 A complete list, showing all individual contributors, appears in the final volume. 



A.H.C. Aones Mary Clerks. .._._. / 

A. H. CL Acnes Muriel Clay (Mrs Wilde). f Curia* DmubvM: 

Formerly Resident Tutor of Lady Margaret Hall, Oxford. Joint-author of Sources i S^T^^^ 



vi INITIALS AND HEADINGS OF ARTICLES 

kes Mary Clerks. /Copernl 

See the biographical article: Clerks, A. M. I Debate, J. K 

nes Muriel Clay (Mrs Wil 
Formerly Resident Tutor of L 
of Roman History, ijj-70 BC. 

fCoot: C on n o r a ttt; 
A. H. Alfred Newton, F.R.S. J rv.^. crossbffl: 

See the biographical article : Nbwtoh, Alfred. 1 Cnw' Cuckoo; Corlev. 

A. H.* Rev. Alexander Nairne, M.A. f 

Professor of Hebrew and Old Testament Exegesis in King's College, London. I 
ExaminingChaplain to the Bishop of St Albans. Fellow of King's College, London. 1 
Formerly Fellow of Jesus College, Cambridge. Crosse Scholar, 1886. Author of 
The Bible Doctrine of Atonement', Ac l 

A. H. H. A. N. ' Moxkhouse. J At**** r.v a*«a 

Member of Editorial Staff of Manchester Guardian. \ umoB {ta **"'' 

{> 

A.W. H.* Arthur William Holland. / run* 1 

Formerly Scholar of St John's College, Oxford. Bacon Scholar of Gray's Inn, 1900. \ wum J 

A. WL Aneurin WauAics, M.A., M.P. f 

Barrister-at-Law of the Inner Temple. Chairman of Executive, International Co* J Co-onaratioiL 
operative AUiance. M.P. for Plymouth, 19 10. Author of Twenty-eight Years] w "»*«"" , " 1 » 
of Co-partnership at Guise; Sec. v 

A. W. R. Alexander Wood Renton, M.A., L.L.B. [ Corporal Punbhment: 

Puisne J udge of the Supreme Court of Ceylon. Editor of Encyclopaedia of the Laws i comnanL 
of England, I vww * , "» 

A. W. W. Adootus William W>rd, Lrrt p., LL.D. f Cumberland, Richard: 



A. fin M. Alexander van Mxluvgsn, MA, D.D. 

Professor of History, Robert College, Constantinople. Author of BymnUne Con- 
stantinople; Cons4onfiuoplo;.Ac 



See the biographical article: Ward, A. W. \ Dramatist. 

0. £.• Charles Everitt, A.M., F.C.S., F.C.S., F.R.A.S. Jc«iKtoii^tiiiii 

Sometime Scholar of Magdalen College, Oxford. \ «*"»"«""- 

C.K.H. Charles Eliot Norton, LL.D. /cnrtia. nanm ^ 

Sen the biographical article : Norton, Charles E. \ wi ^ «wi*w 

0. F. A. Charles Francis Atkinson. f Crimean War: 

Formerly Scholar of Queen's College. Oxford. Captain. 1st City of London (Royal i rvnmw*H niiv«r a- A--A 
Fusiliers). Author of The WUderiess and Cold Harbour. I cromW811 ' OHW ( ,n P**** 

0L F. B. Charles Francis Bastable, M.A., LL.D. f 

Regius Professor of Law and Professor of Political Economy in the University of J iwimal Ceutate 
Dublin. Author ot Public Finance; Commerce of Nations; Theory of International \ **■«■»■ < 

Trade; Ac I 

C, K. William Charles Mark Kent. f 

Banister*at-Law f Middle Temple. Edited the London Sun for twenty-five years; J iwnin» Ljm«v 
the Weekly Register, 1874-1881. Author of The Humour and Pathos of Charles \ vmma *» MMn * 
Dickens; Ac I 

C.K.8. Clement Kino Shorter. fCowper, wmiam; 

Editor of the Sphere. Author of Sixty Years of Victorian Literature; Immortal's Cnhtm Geomu 
Memories ; The Brontes: Life and Letters; Ac. I OTBQe » ueorge. 

C. L. H. Caldwell Lipsett. * f -^j,. 

Formerly Editor of the Civil and Military Gaeette, Lahore, India, Author of Lord < V9WM * 
Curzon tn India. ^ 

G. PL Christian Pfister, D. es L. r 

Professor at the Sorbonne, Paris. Chevalier of the Legion of Honour. Author of J Dacobtft. 
Etude sur le regne de Robert le Pieux; Le Duchi merovingien d Alsace et la legende de \ 
Sainte-Odtle. I 

C. R. B. Charles Raymond Bbazley, M.A., D.Lrrr., F.R.G.S., F.R.Hist.S. rContl, Kleolo de'; 

Profesfor of Modern History in the University of Birmingham. Formerly Fellow { Cook. Captain* lilf»pHf_ 
of Mcrton College, Oxford, and University Lecturer in the History of Geography, -i n*.i»i «i • viJL. ' 
Lothian Prircman, Oxford. 1889. Lowell Lecturer, Boston. 1908. Author of ] P* 11 ! 01 ? *"* 
Henry the Navigator; The Dawn of Modern Geography; &c I DAVIS, Joan. 

D. C.T. David Croal Thomson. f enrol- 

Formerly Editor of the A rt Journal. Author of The Brothers Maris; The Barbiton «| ~"v?— 
School 0} Pointers; Life of " Phi* "; Life of Bewich; Ac ^DauWKny. 

D.F.T. Donald Francis Tovey. r 

Balliol College, Oxford. Author of Essays in Musical Analysis, comprising The J Contrapuntal 
Classical Concerto, The Goldberg Variations; and analyses of many other classical 1 Counterpoint, 
wonts. I, 



D. 0. H. David Georce Hogarth, M.A. 

Keeper of the Ashroolean Museum, Oxford. Fellow of Magdalen College. Oxford. Crrenalca- 
Feiftw of the British Academy. Excavated at Paphos, 1888; Naukratis, 1890J u ' reu * re *» 



and 1903; Ephesus, 1904-1905; Assiut, 1906-1907. Director, British School at 
Athens, 1897-1900; Director, Cretan Exploration Fund. 1899. 



I Cyrene. 



INITIALS AND HEADINGS OF ARTICLES vii 

D. H. David Hannay. toJ^ii r.iiu A r* 

Formerly British VIcc-Con$u1 at Barcelona. Author of Short History of Royal Navy, J wPfWfM. ■»«■■ « . 
1217-1688; Life of Emilia Castdar; Ac. 



Cordoba* GonxaloFer&an4*x4o; 
Dlhlgren, John Adolf. 

Cruden, Alexander. 



D. Mil Rev. Ducald Macfadyen, M.A. 

Minister of South Grove Congregational Church, Higbgate* Director of the London 
Missionary Society. 

E. Br. Ernest Barker, M.A. f 

Fellow of. and Lecturer in Modern History at, St John's College, Oxford. Formerly \ Crusades, 
Fellow and Tutor of Merton College. Craven Scholar, 1895. I 

L B. EL Edwin Bailey Elliott, M.A., F.R.S., F.R.A.S. f 

WaynAete Professor of Pure Mathematics and Fellow of Magdalen College, Oxford. J Curve (in Pari) 
Formerly Fellow of Queen's College, Oxford. President of London Mathematical 1 r— /• 

Society, 1896-1898. Author of Algebra of Quantics;8tc I 

K. B. P. Edward Bacnall Poulton, M.A., D.Sc, F.R.S.. LL.D. f 

Hope Professor of Zoology in the University of Oxford. Fellow of Jesus College, J Darwin. 
Oxford. Author of The Colours of Animals', Essays on Evolution; Darwin and the \ 
Original Species; &c I 

L C Q. Edmund Crosby Quiggin, M.A. f 

Fellow of Conville and Caius College, Cambridge; Lecturer in Modern languages, 1 CnehoJlUL 
and Monro Lecturer in Celtic I 

K.F.S. Edward Fairbrother Strange. f 

Assistant Keeper, Victoria and Albert Museum, South Kensington. Member of J nan* Ouareia. 
Council, Japan Society. Author of numerous works on art subjects. Joint-editor ] *«■"»«». 

of Bell's rt Cathedral ''Series. I 

'Canto; Couplet; Cowltj; 



B. 0. Edmund Gosse, LL.D. 

See the biographical article: Goes*, EDMUND. 



B. Gr. Ernest Arthur Gardner, M.A. 

See the biographical article: Gardner, Percy. 

E. Kb. Edward Manson. 

Barrister-at-Law. Joint-editor of Journal of Comparative Legislation. Author of 
Debentures and Debenture Stock ; &c 



Crashaw; Criticism; 
Daniel, Samuel; 
Davenant, Sir William; 
Dekkar, Edward Douwe*. 
'Corfu (in part); 
Corinth; Isthmus of; 
Cos( in part); Crisa; Daphne; 
Delos; MpnL 

Debentures and Debenture 
Stock. 



BL M. Eduard Meyer, D.Lrrr. (Oxon.), LL.D., Ph.D. r r t ~i~u~*. cmx»m** 

Professor of Ancient History in the University of Berlin. Author of Cesckichte tfes J JJ^JIw!.! ■JT*— - 
Alterthums; Forschungen tur alien Geschichtt; Ceschkkle do* alien Atyplens; Dte] Cyrtts , Darius; DelOOBS;,, 
Israelites nnd ikrcNackborMmms; Ac I Demetrius ol Baetria. 

E. M. W. Rev. Edward Mewburn Walker, M.A. J r«i««itiitiAn *r a<k« M 

Fellow. Senior Tutor and Librarian of Queen's College, Oxford. | constitution 01 Athens. 

K. Pr. . Edgar Prestage. f 

Corte-Real, Jeronymo; 
Crux t Sitoa* 



Special Lecturer in Portuguese Literature in the University of Manchester. Com- 
mendador, Portuguese Order of S. Thiago. Corresponding Member of Lisjbon Royal 
Academy of Sciences and Lisbon Geographical Society, &c 



Demetrius of Macedonia. 



E. R. B. Edwyn Robert Bevan. M.A. 

Formerly Scholar of New College, Oxford. Author of House of Seleucus ; Jerusalem • 
under the High Priests. 

E. Tm. Rev. Ethelred Leonard Taunton (d.1907). f _ „ _ _ ^_ . 

Author of The English Block Monks of SI Beemiid; History 4 tmiJesuto «■!; CmL 

BLV. Rev. Edmund Venables, M.A., D.D. (1810-1895). /*.«*• 

Canon and Precentor of Lincoln. Author of Episcopal Palaces of EngUkd. . \ COT*- 

F E.W. Rev. Frederick Edward Warren, M.A., B.D., F.S. A. f v k * 

Rector of Bardwell. Bury St Edmunds. Fellow of 5t John's College, Oxford, 1865- 
188 J. Author of The Old Catholic Ritual done into English and compared Vtith the \ Dedication. 
Corresponding Offices in the Roman and Old German Manuals; The Liturgy and Ritual 
of the Celtic Church; Ac [ •* v 

P. G. M.B. Frederick George Mrson Beck, M.A. /' 

Fellow and Lecturer in Classics, Clare College, Cambridge. ^ Delia. ^ - c 

F. Lav Friedrich Luckwaldt, Ph.D. 

Professor of History at the ,_ ...... , 

Osterreich and die Anfdnge des Befreiungshriege von 181 j; &c 



Professor of History at the Royal Technical High e School, Danzig. Author of -J 



EWELLYN GRIFFITH, M.A., PH.D., F.S.A. r 

n Egyptology, Oxford University. Formerly Scholar of Queen's College, !/,«*./. . ^ 
Editor of the Archaeological Survey and Archaeological Reports of the 1 Co ' tt W* P *)' 
xploratioo Fund. Fellow of Imperial German Archaeological Institute. I 



F. U. 0. Faaaos Llewellyn Griffith, M.A., Ph.D., F.S.A. 

Reader in P "" 

Oxford. E . „ 

Egypt Exploration Fund. Fellow of Imperial German Archaeological ] 

F. Fa. Sn Frederick Pollock, Bart., LL.D., D.C.L. J CnntrnaL 

See the biographical article: Pollock: Family. "^vwiirasjfc 

F. %. P. Francis Samuel Philbrick, A.M., B.Sc. r 

Formerly Scholar and Resident Fellow of Harvard University. Member of American < Cuba, ' 
Historical Association. [ ' ' 



vitt INITIALS AND HEADINGS OF ARTICLES 



O.U. 



{ 



Cjxieus. 



r. T. M. Sir Fran* Thomas Marzxals, K.C.B. m ^ mmtm ntm , 

Formerly Accouatant-General of the Army. Editor of " Great Writer* " Series. 

F. W. Ha. Frederick William Hasluck, M.A. m mrm . 

Assistant Director, British School of Archaeology, Athena. Fellow of Kings' 
College, Cambridge. Browne's Medallist, 1901. I 

F.W.R.* Frederick William Rudler, I.S.O., F.G.S. f Corundum; Cryofitf} 

Curator and Librarian at the Museum of Practical Geology, London, 1879-1902. 1 TWmantokL 
President of the Geologists' Association, 1887-1889. I *""»»»*'"'• 

G. A. B. George A. Boulencer, F.R.S. f M ^_ 

In charge of the Collections of Reptiles and Fishes, Department of Zoology, British \ Cyprinoaonts. 
Museum. Vice-President of the Zoological Society of London. I 

0. C. B. Gilbert Charles Bourne, M.A.. D.Sc., F.R.S. c 

Li nacre Professor of Comparative Anatomy, Oxford. Fellow of Merton College J CorsJ-rM«s_ 
Oxford. Author of An Introduction to the Study of Comparative Anatomy of 1 w.»™«w. 
Animals; Ac 

0. C. C. G. C. Chubb. { Cytology. 

O.C.W. George Charles Williamson, Litt.D. f Cooper. Alexander: 

Chevalier of the Legion of Honour. Author of Portrait Miniaturet; Lift of Richard J ZZVLVJ TZZZXt' 
Camay. R.A.; George Enjiehedrt: Portrait Drawings; Ac Editor of new edition 1 ™°P**> "P" 9 ** 
of Bryan's Dictionary of Painters and Engravers. { COSWRJ, Rienaru. 

G. F. Z. G. F. Zimmer, A.M.INST.C.E., F.Z.S. fr«— -i« 

Author of Mechanical Handling of Material. \ vonvoyoft, 

G. H. Fo. George Herbert Fowler, F.Z.S., F.L.S.. Ph.D. f 

Formerly Berkeley Fellow of Owens College, Manchester, and Assistant Professor \ Ctenopnonu 
of Zoology at University College, London. I 

O.J.T. George James Turner. f «»-.#- 

Barmter-at-Law, Lincoln's Inn. Editor of Select Pirns of the Forest for the Selden \ County. 
Society. -> ' I 

G. r\R. Gerald Philip Robinson. [«*«-•— c~t 

President of the Society of Mezzotint Engravers. Mezzotint Engraver to Queen \ cousins, S&mtttl. 
Victoria and to King Edward VII. I 



Gborce Saintsbury, L.L.D., Litt.D. -f **"*£* PtolT,; 

See the biographical article: Saintsbury, G. E. B. I corntiua, 



Professor of Latin at the University of Wisconsin. Member of the Archaeological J VMrrrrw ,-„ t 
Institute of America. Member of American Philological Association. Author of ] cnnim** r«ftaii 
With the Professor; The Great Mother of the Cods; Ac I **?"* **""> 



O.Sn. Grant Showerman, A.M., Ph.D. _ f Corybantas; 

G. W. T. Rev. 

Warden at 

: History 

H. Br. Henry Bradley, M.A., Ph.D. 



. GRirnxHts Wheeler Thatcher. M.A., B.D. f _ 

Warden of Camden College, Sydney, N.S.W. Formerly Tutor In Hebrew and Old i * 
Testament History at Mansfield College, Oxford. I 

[ry Bradley, M.A., Ph.D. f 

Joint-editor of the New English Dictionary (Oxford). Fellow of the British Academy. « GynoWUlL 
Author of The Story of the Goths; The Making of English; Ac I 

ace Bolxnobroke Woodward, F.R.S., F.G.S. f 

Late Assistant Director, Geological Survey of England and Wales. Woflaston J iw>h«n. 
Medallist, Geological Society. Author of The History of the Geological Society of\ WVWWH * 
Uudaai&c I 



CiOBOuiwu 
Combat. 



H. F. G. Hans Friedrich Gaoow, M.A., F.R.S., Ph.D. 

Strickland Curator and Lecturer on Zoology in the University of Cambridge. 
Author of Amphibia and Reptile* (Cambridge Natural History). 

H.FT. Henri Frantz. 

Art Critic, Gavette da Beaux Arts, Paris. 

H. E. W. H. Marshall Ward, M.A., F.R.S., D.Sc. (d. 190s). f 

Formerly Professor of Botany in the Un versity of Cambridge. President of the J n- n^-_ 
British Mycologies! Society. Author of Timber and some of tis Diseases; TheOak;]" 9 mg o* 
Disease jn Plants; Ac I 

H.SL Henry Sturt, M.A. fCrastas; 

Author of Idola Thealri; The Idea of a Free Church ; and Personal Idealism. \ Cadwortkb It 

H. 8. J. Henry- Stuart Tones, M.A. f 

Formerly Fellow and Tutor of Trinity College, Oxford, and Director of the British J CostBMst: Atgtan, Grttk\ 
School at Rome. Member of the German Imperial Archaeological Institute. 1 Etruscan and Roman. 
Author of The Roman Empire; Ac I c * rMXUn am * *»■»«■• 

H. To. Sit Henry Thompson, Bart. f 

See the biographical article: Thompson, Sir Henry. \ 

H. It. Sit Henry Trotter, K.C.M.G., C.B. r 

Lieutenant-Colonel, Royal Engineers. H.B.M. Comnil-General for Roumanla, J 

"'l 



1694-1906, and British Delegate on the European Commission of the Danube. 
Victoria Medallist, Royal Geographical Society, 1878. 

H. W. C. D. Henry William Carless Davis, M.A. 

Fellow and Tutor of Balliol College. < 

loot. Author of England under the Normans and Angevins; Charlemagne, 



Danube. 



ff? * 2?^T_ U !?\£? J??^? 1 f^l^v orford - F . eU . ow °( ^L^ ^' Co*"*** 1895-I Coutancea, Walter of. 



INITIALS AND HEADINGS OF ARTICLES 



IX 



l A. 



J.A.C. 
J.A.H. 
J.C.S.-H. 
J.D.B. 

J.D.Pr. 
J. LB. 
J. Co.* 

IQ.JL 

J.B.F. 

UL 

J.H.R. 
J.HLB. 

J.H.Rk 

J. LB. 

*.«©. 
J. HcF. 

J.M.M. 

J.P.F.. 

J. IP. 

J.T.B*. 



Israel Abrahams, M.A. f 

Reader in Tatmudic and Rabbinic Literature, University of Cambridge. President. J Crtscas; 
Jewish Historical Society of England. Author of A Short History of Jewish Ultra- ] DelmedJgO* 
lure; Jewish Lift in the Middle Ages. I 

Joseph Anderson, LL.D. ... f 

Keeper of the National Museum of Antiquities, Edinburgh. Assistant Secretary J r >aittlti ^ 
to the Society of Antiquaries of Scotland, and Rhind Lecturer, 1879-1882 and 1892. | vraiUV »* 
Editor of Drummond's Ancient Scottish Weapons; Ac I 

Sir Joseph Archer Crowe, K.C.M.G. 

See the biographical article: Crowe, Sir J. A. 



John Allen Howe, B.Sc. 

Curator and Librarian of the Museum of Practical Geology, London, 



fCranaeh; 
ICuyp. 
f Coraffian; 
ICornbnsn; Culm. 

John Castleman Swinburne-Hanham , J.P. f rw—.M,.... c #-#;.i.v. 

Barrister-at-Law, Middle Temple. Hon. SecrcUry of Cremation Society of England. \ giWBWI1 - *<«*«**• 

James David Bourchier, M.A., F.R.G.S. f ^ A ^ , M „ . 

Kings College. Cambridge. Correspondent of The Times in South-Eastern Europe. J Cwte: Geography and Stalls* 

^ j__ _r .c. ^_j r f>_- i^__:i^ -# u j _r . L _ c_..: r< j^. tn< j JJf^p^ History, 



(mi fort). 



Commander of the Orders of Prince Danilo of Montenegro and of the Saviour of j 
Greece, and Officer of the Order of St Alexander of Bulgaria. I 

John Dyneley Prince, Ph.D. 

Professor of Semitic Languages at Columbia University, New York. 

John Eclinton Bailey. f m rmmittmwmwiMtm 

Author of John Dee and the Steganographia oj Trithemius; Lije oj Thomas Fuller^ \ CWOfrapftj. 

Joseph Greco. 

Art Critic. Author of A History of Parliamentary Elections; A History of Dancing; 
Thomas Rowiandson; James Giilray; Ac. 

John Graham Kj:rr, M.A., F.R.S. 



Regius Professor of Zoology in the University of Glasgow. Formerly Demonstrator 
in Animal Morphology in the University of Cambridge. Fellow of CI 



. Jhrist's College, 
Neill Prizeman, Royal 



Cniltalmfc. 



Cyclostomata. 



Delia Robbla (in part). 



Cambridge. 1808-1964. Walsingham Medallist. 1898. 
Society ot Edinburgh, 1904. 

John Henry Freese, M.A. I 

Formerly Fellow of St John's College, Cambridge. | 

John Henry Middleton, M.A., F.S.A., Lrrr.D., D.C.L. (1846- 1896). j 

Formerly Slade Professor of Fine Art in the University of Cambridge, and Art I 
Director of the South Kensington Museum. Author of The Entraved Gems of] 
Classical Times; Illuminated Manuscripts in Classical and Medieval Times. 

John Horace Round, M.A., LL.D. (Edin.). 

Author of Feudal England: Studies in Peerage and Family History; Peerage and 1 Court BtTOB. 
Pedigree; &c. 

John Holland Rose, M.A., Lrrr.D. f 

Lecturer on Modern History to the Cambridge University Local Lectures Syndicate. J D8TU, Count; 
Author of Life of Napoleon I. ; Napoleonic Studies; The Development of the European | " 



■{■ 



Nations; The Life of Pitt; &c. 

Rev. James Hardy Ropes, D.D. i 

Bussey Professor of New Testament Criticism and Interpretation, and Dexter J 
Lecturer on Bible Literature, Harvard University. Author of The Apostolic Age] 
in the Light of Modern Criticism; &c \ 

John Linton Myres, M.A., F.S.A. 

Wykeham Professor of Ancient History in the University of Oxford. Formerly 
Gladstone Professor of Greek, and Lecturer in Ancient Geography, University of 
Liverpool; and Lecturer on Classical Archaeology in University of Oxford. 

Viscount Morley op Blackburn. 

Sec the biographical article: Morley, Viscount. 
John Mactarlane. 

Formerly Librarian of the Imperial Library, Calcutta. Author of Library Ad* 

ministration; &c 

John Malcolm Mitchell. 

Sometime Scholar of Queen's College, Oxford. Lecturer in Gassics, East London 
College (University of London). Joint-editor of Grote's History of Greece. ■ 

Rev. John Punnett Peters, Ph.D., D.D. 

Canon Residentiary. Cathedral of New York. Formerly Professor of Hebrew In the 
University of Pennsylvania. Director of the University Expedition to Babylonia, 
1888-1895. Author of Nippur, or Explorations and Adventures on the Euphrates. 

John Smith Flett, D.Sc^ F.G.S. 

Petrographcr to the Geological Survey. Formerly Lecturer on Petrology ... 
Edinburgh University. Neill Medallist of the Royal Society of Edinburgh. Bigsby 
Medallist of the Geological Society of London. 



Corinthians: Epistles to Ike. 



Cyprus (in part). 



Damttn, Father. 



Delias Letgvt. 



Ddr. 



*{ 



Crystallite; 



John T. Bealby. rerinwa ft* s*r<\* 

Joint-author of Stanford's Europe. Formerly Editor of the Scottish Geographical! ^SHimm h- lLt\ 
Mogaune. Translator of Svcn Hcdin's Through Asia* Central Asia and Tibet; Ac \ D*****™ l« **«}•> 

Joseph Thomas Cunningham, M.A., F.Z.S. r 

Lecturer on Zoology at the South- Western Polytechnic, London. Formerly Fellow J Cattlsvtlh. 
of University College. Oxford. Assistant Professor of Natural History is the ) "' 

University ot Edinburgh. Naturalist to the Marine Biological Association. I 



X 

J.V. 

K.G.J. 

K.8. 



INITIALS AND HEADINGS OF ARTICLES 



L.J.S. 

L.V.* 

M.A.C., 

M-Ha. 

H.H.T. 

M. 0. B. C. 

M. D. M. 
H.W.T. 

O.Ba, 
O.J.R.H. 

P.A.K. 

P.CY. 

P.O. 
P.GL 

P. O.K. 
B.A.* 



John Vettch, LL.D. 

See the biographical article: VBlTCff, JOHN. 

Ktngsley Garland Jayne. 

Sometime Scholar of Wadham College. Oxford. 
Author of Vasco da Cama and his Successors. 



Kathleen Schlesinger. 

Author of The Instruments of the Orchestra; Ac 



-f Cousin, V.(*» park 



Matthew Arnold Prizeman, 1903. \ Croatla-SlaYOiiia; 



Contralagotto; Cor Anglais; 

Cornet (in part); 
Cromorae (in part); 
Crowd; Cymbal*. 



Count LCteow, Lttt.D. (Onn.), D.Ph. (Prague). F.R.C.S. 

Chamberlain of H.M. the Emperor of Austria. King of Bohemia. Hon. MemDer 
of the Royal Society of Literature. Member of the Bohemian Academy, Ac 
Author of Bohemia, a Historical Sketch'. The Historians of Bohemia (Ucheater Lecture, 
Oxford, 1904); The Life and Times of John Hus; Ac 

Louis Duchesne. 

See the biographical article: DUCHESNE, L.M.O. 

Leonard James Spencer, M.A. 

Assistant in Department of Mineralogy, British Museum. Formerly Scholar of . 
Sidney Sussex College, Cambridge, and Harkness Scholar. Editor of the Miner* 
logical Magazine. 



Copper-glance; 
Copper Pyrites; 
Covellite; Croeofte; 
Crystallography; 
Cuprite; Cyanlto; 
DatoUte. 



LUIGI VlLLARX. 

Italian Foreign Office (Emigration Department). Formerly Newspaper Corre- 
spondent in East of Europe. Italian Vice-Consul in New Orleans, 1906; Phil- 
adelphia, 1907; and Boston, U.S.A., 1907-1910. Author of Italian Life in Town 
and County, Fire and Sword in the Caucasus; Ac 

Maurice A. Canney, M.A. r 

Assistant Lecturer in Semitic Languages in the University of Manchester. Formerly L . _ . 
Exhibitioner of St John's College, Oxford. Pusey and Ellerton Hebrew Scholar, i «au», Kan. 
Oxford, 1892; Kenmcott Hebrew Scholar, 1895; Houghton Syriac Prize, 1896. { 



Contartni; Coroaro; 

Correnti; Corslnl; 

Dandolo; Delia Ghermrdoseav 



Marcus Hartog, M.A., D.Sc., F.L.S. 

Professor of Zoology, University College, Cork. Author of " Protozoa " in Cam' 
bridge Natural History, and papers for various scientific journals. * 

Marcus Niebukr Tod, M.A. 

Fellow and Tutor of Oriel College, Oxford. University Lecturer in Epigraphy. 
Joint -author of Catalogue of the Sparta Museum. 

Maximilian Otto Bismarck Caspari, M.A. 

Reader in Ancient History at London University. Lecturer in Greek at Birmingham 
University, 1905-1908. 

Newton Dennison Mereness, A.M., Ph.D. 
Author of Maryland as a Proprietary Province. 

NORTHCOTE WlHTBRIDGE THOMAS, M.A. 

Government Anthropologist to Southern Nigeria. Corresponding Member of 
Sotiete d'Anthropologie de Paris. Author of Thought Transference; Kinship 
Marriage in Australia; &c 
Oswald Barron, F.S.A. 

Editor of the Ancestor, 1902-1905. Hon. Genealogist to Standing Council of 
Honourable Society of the Baronetage. 



Cystoflagellata. 



{ 
{ 

J Davis, Jefferson (in parf). 



Demaratus. 

Corfu (in part); 
Corinth (in part); 
Cos (in part). 



the I 
and] 



the 



Osbert John Radcliffe Howarth, M.A. 

Christ Church. Oxford. Geographical Scholar, 1901. 
British Association. 

Prince Peter Alexeivitch Kropotkin. 

: See the biographical article: Krofotkin, P. A. 



Philip Chesney Yorjce, M.A. 
Magdalen College, Oxford. 



Death-warning* 

'Costume: Medieval and 
. Modern European; 
ICourtenay: Family. 



Assistant Secretary of the \ Copenhagen. 






Percy Gardner, Lttt.D., D.C.L., F.S.A. 

See the biographical article: Gardner, Percy. 

Peter Giles, M.A., LL.D., Litt.D. 

Fellow and Classical Lecturer of Emmanuel College, Cambridge, and University 

Reader in Comparative Philology. Late Secretary of the Cambridge Philological 

Society. Author of Manual of Comparative Philology; &c 
Paul G. Konody. 

Art Critic of the Observer and the Daily Matt. Formerly Editor of The Artist. 

Author of The Art of Walter Crane; Velasquez, Life and Work; Sue 

Robot Anchel. - 

Archivist to the Dcpartcment de 1'Eure. 



-j Crimea (in part); 
iDaghestan (in part). 

Cottlngton, F. C. Baron; 
Coventry, Sir William; 
Craven, Earl of; 
Cromwell, Oliver (in part); 
Cromwell, Richard. 

f Daedalus; 

I Demetrius (Sculptor). 



David, Gerard. 



{Convention, The National; 
Cordeliers, Club of the. 



INITIALS AND HEADINGS OF ARTICLES 



xi 



B.A.&.1 

R.B. 
BLB.R. 

H.HLC. 

R.H.L. 
R.J.M. 

LI.B. 

*,?.«. 

B-lo, 

H.S.CL 

B.W.R. 

S.J.C. 

S.Va. 

T.As. 

f.A.1. 
T.A.J. 
iBa. 



ROMRT Alexander Stewart Macauster, M.A., F.S.A. 

St John's College, Cambridge. Dirtctor of Excavations for the Palestine Ex- 
ploration. Fund. 

Ronald Brunlees McKerrow. 
Trinity College, Cambridge. 

Rurvs Byam Richardson, Ph.D., B.D. 

Formerly Director of American School of Classical Studies, Athens. Member of 
American Geological Society, British Society of Promotion of Hellenic Studies, 
Greek Archaeological Society, &c. Author of History of Crttk Sculpture; Vacation 
Days in Greece; Create through the Stereoscope; &c 

Key. Robert Henry Charles, M.A., D.D., D.Lrrr. 

Grinfield Lecturer and Lecturer in Biblical Studies, Oxford. Fellow of the British 
Academy. Formerly Professor of Biblical Greek, Trinity College, Dublin. Author 
of Critical History of the Doctrine of a Future Life; Book of JubUees; &c 

Robin Humphrey Lecge. 

Principal Musical Critic for Daily Telegraph. Author of Annals of the Norwich 
Festivals; ftc. 

Homald John McNeill, M.A. 

Christ Church, Oxford. Barrister-at-Law. Formerly Editor of the Si James's 
Gazette, London. 

Richard Lydekker, F.R.S., F.G.S., F.Z.S. 

Member of the Staff of the Geological Survey of India, 1674-1882. Author of 
Catalogues of Fossil Mammals, Reptiles and Birds in British Museum; The Deer of 
alt Lands, &c. 



1 Dead sea; 
DecapoUs* 

\ Dekker, Thomas (in part). 



Corinth (in part). 



Daniel (mi part). 



Robert Nisbet Bain (d. 1909). 

Formerly Assistant Librarian, British Museum. 



Author of Scandinavia: the 



Political History of Denmark. Norway and Sweden, iSU-1900; The First Romanovs, 
i6ij to 172$; Slavonic Europe: the Political History of Poland and Russia from 1469 
to 1796". Ac. 

R. Phene" Spiers, F.S.A., F.R.I.B.A. 

Formerly Master of the Architectural School, Royal Academy, London. Past 
President of Architectural Association. Aswdate and Fellow of King's College. 
London. Corresponding Member of the Institute of France. Editor of Fcrgusson's 
History of Architecture. Author of Architecture: East and West; &c 

Robert Somers (1822-1801). 

Editor or North British Daily Mail, 1 849- 1859. Author of Letters from the High- 
lands; The Southern States since the War. 

Robert Seymour Conway, M.A., D.Lrrr. (Cantab.). 

Professor of Latin in the University of Manchester. Formerly Professor of Latin 
of University College, Cardiff, and Fellow of Gonvillc and Caius College, Cambridge. 

Robert William Rogers, D.D., Litt.D., LL.D., PhJ). 

Professor of Hebrew and Old Testament Exegesis. Drew Theological Seminary. 
Madison, New Jersey. Author of Inscriptions of Sennacherib; History of Babylonia 
and Assyria; The Religion of Babylonia and Assyria* Sec. 

Stanley Arthur Coor, M.A. 

Editor for Palestine Exploration Fund. Lecturer in Hebrew and Syriac, and 
formerly Fellow Gonvillc and Caius College, Cambridge. Examiner in Hebrew and 
Aramaic, London University. 1904-1908. Author of Glossary of Aramaic Inscrip- 
tions; The Laws of Moses and the Code of Hammurabi; Critical Notes on Old Tettament 
History; Religion of Ancient Palestine; &c 

Hon. Simeon Eben Baldwin, M.A., LL.D. 

Professor of Constitutional and Private International Law in Yale University. 
Director of the Bureau of Comparative Law of the American Bar Association. 
Formerly Chief Justice of Connecticut. Author of Modern Political Institutions; 
American Railroad Law; &c 

Sydney John Chapman, M.A. 

Poofiasor of Political Economy and Dean of the Faculty of Commerce in the Uni- 
versity of Manchester. Author of The Lancashire Cotton Industry; The Cotton 
Industry and Trade; &c 

Samuel Wadsworth, M.A. 

Barrister-at-Law of the Inner Temple and of Lincoln's I nn. Joint-editor of the 1 7th 
edition of Davidson's Concise Precedents in Conveyancing. 

Thomas Ashby, M.A., D.Lrrr. (Oxon.). 

Director of British School of Archaeology at Rome. Formerly Scholar of Christ 
Church. Oxford. Craven Fellow, 1897. Conington Prizeman. 1906. Member of the 
Imperial German Archaeological Institute. 

Tbomas Allan Ingram, M.A., LL.D. 

Trinity College, Dublin. 



Debussy. 

Conway* Henry Seymour; 
Cowaer, WUliam C, 1st Earlj 
Cromwell, Oliver (in part). 

Coyote; Craotfonta; 
I Deer. 

'Corvlnos; Csnrtoryski; 
Damjanleh; Dealt; 
De Geer; Do la Gardise, t. 
Demetrius Donskol; 
Demetrius, Pieudo. 



Decorated! period. 

Con Laws (in part). 
Comae (in part). 



Thomas Athol Joyce, M.A. 
Assistant in Department of 
Anthropological Institute. 



Ethnography. British Museum. Hon. Sec, Royal 



Sot Thomas Barclay, M.P. 

Member of the Institute of International Law. Member of the Supreme Council 
of the Congo Free State. Officer of the Legion of Honour. Author of Problems of 
International Practice and Diplomacy; &c. M.P. for Blackburn, 4910. 



Costume: Ancient, Oriental; 
Cush; Dan; David (in part); 
Deborah; ... 

Decalogue (in part). 



Conveyancing (United Stales). 



Cotton: Marketing and Supply. 
Cotton Manufacture. 



(in part). 



Corflnlum; Cori; Cortorfa; 
Cosa; Cosensa; Cremona; 
trotona; Cumae (in part); 
Cores. , r 

Convocation (in part); 
Corn Laws (in part); 
Coroner; Cruelty; Day. 



{in part). 



Convoy (tit part); 
Declaration of Paris. 



iti INITIALS AND HEADINGS OF ARTICLES 

T.F.C. THEODORE FREYUNGHUYSEN COLLIER, PH.D. / gOMttBtJIWrit. 

Assistant Professor of History. Williams College WUIiaoMtown. Mass., U.S.A. \ " va »* um *+ 

T. K. C. Thomas Kelly Creyne, D.D. J Cosmogony; 

See the biographical article: Cheynb, T. K. I Dotage, Tho. 

T. M. F. Thomas Macall Fallow, M. A., F.S.A. f J™ 11 *! .*'! „_ 

Editor of the Antiquary, 1895-1899- Author of Memorials of Old Yorkshire The\ Cross and Cfnalnalon; 
Cathedral Churches of Ireland. I Crown and COfQMt. 

T. 80. Thomas Sfccombe. f 

Lecturer in History, East London and Birlcbeck Colleges, University of London. J Constantly Pivkwteh. 
Stanhope Priieman, Oxford. 1887. Assistant Editor of Dictionary of National] wu *« "■* '•'■"""^ 
Biography, 1891-1901. Author of The Age of Johnson: Ac I 

T. T. S» Travers Twiss, K.C., D.C.L., F.R.S. J Consul** of tho Son; 

See the biographical article: Twiss, S» Travbrs. \ Convocation Kin part). 

T. W.F. Thomas William Fox, M.Sc.Tech. S r^n^^minninm m**m*>— 

Professor of Textiles, Manchester University. Author of Mechanism of Weaving. \ *"•■*«-■»*—■"• ,. 

V. M. Victor Charles Mahillon. f Cornet (m part): 

Principal of the Conservatoire Royal de Musique at Brussels. Chevalier of the < t^amanm (: m ^.i) 
Legion of Honour. I wwaw ™ VMI fQn ' m 



Croosaa, loan Pltrro do; 

Dauphin*; 

Davos. 

Cope; Cnto (in part); 
Costume: National, Class and 
Official; 



W. A. B. C. Rev. William Augustus Brevoort Coolidge, M.A., F.R.G.S., Ph.D. (Bern.). 
Fellow of Magdalen College, Oxford. Professor of English History, St David's 
College, Lampeter, 1880- 1881. Author of Guide du Haul Dauphini; The Range of 
the Todi; Guide to Crindelwald: Guide to Switzerland; The Alps in Nature and in 
History; Ac Editor of the Alpine Journal, 1880-1889; Ac. 

W. A. P. Walter Alison Phillips, M.A. 

Formerly Exhibitioner of Merton College and Senior Scholar of St John's College, 
.Oxford. Author of Modern Europe; Ac 

W. B.* William Burton, M.A., F.C.S. f " ,__ „ 

Chairman, Joint Committee of Pottery Manufacturers of Great Britain. Author of -J Delia RooHa (m part). 
English Stoneware and Earthenware; Ac I 

W. B. 80. William Bell Scott. / Cox, David; 

See the biographical article: Scott, William Bell. I Dohtfooao. 

W. C. 8. William Charles Smith, K.C., M.A., LL.D., F.R.S. (Edin.). f _ . . . 

Formerly Sheriff of Ross, Cromarty and Sutherland. Editor of Judicial Review, 1 Danee (mi part). 
1889-1900. I 

W.CT. W. Cave Thomas. f, , 

Author of Symmetrical Education; Mural or Monumental Decoration; Revised Theory \ CoiBaBua, Fetor TOIL 
of Light. [ 

W. B. Co. Rt. Rev. William Edward Coluns, D.D. f 

Bishop of Gibraltar. Formerly Professor of Ecclesiastical History, King's College, J r* mwmmtm . ru^—t. u 
London. Lecturer at Sdwyn and St John's Colleges. Cambridge. Author of the \ <*■"•. Church 9f* 
Study of E c clesia stic a l History; Beginnings of English Christianity; Ac I 

W. B. H. William Ernest Henley. f 

See the biographical article: Henley, W. E. \ 

W. Fr. William Frean, LL.D. (d. 1907). 

Formerly Lecturer on Agncult 

Agricultural Correspondent of The Times. 

t Contempt of Court; 
W. F. C. William Fulden Crates, M.A. Conversion: 

Barrister-at-Law, inner Temple. Lecturer on Criminal Law, King's College, London, i Casts/ Criminal Law 

E^torofAjchbold-sCriwiiwTp/wrfiwg (23rd edition). .DamaMi/^ 

W. 0. F. William George Freeman. B.Sc. (London), A.R.C.S. f . 

Jpint-autbor of Nature Teaching; The World's Commercial Products. Joint-editor X Cotton {in pari). 
of Science Progress in the Twentieth Century. { 

W. L. H. D. Wyntwd Lawrence Henry Duckworth, M.A., M.D., D.Sc. f 

Lecturer in Physical Anthropology, and Senior Demonstrator of Human Anatomy J n mini mil is 
in the University of Cambridge. Fellow of Jesus College. Author of Morphology j V ™ UW ™ P,I #- 
and Anthropology; Ac I 

W. *>W. Sn William Lee-Warner, M.A,, K.C.S.I. f 

Member of Council of India. Formerly Secretary in the Political and Secret J DaJhovsIO. 1st Maraols. 
Department of the India Office. Author of Life of the Marquis of Dolhousie; 1 JWMJ,, " raw, *~ -~H«— 
Memoirs of Field-Marshal Sir Henry Wytie Norman ; Ac I 



lliam Frean, LL.D. (d. 1907). f «.*«_• i__ 

Formerly Lecturer on Agricultural Entomology, University of Edinburgh, and i Onuf •« DOIIJKarilllinj. 
Agricultural Correspondent of The Times. I 



W. M. William Minto, M.A. / rw,kt*r T%t%m»m /••« +»*\ 

See the biographical article: Minto, William. \ DaUw ' TO0IBM (wi *"*'• 

W. M. R. William Michael Rossetti. f Corroggto; 

See the biographical article: Rossetti, Dantb G. I CrivellL Carlo, 

W.P.* Walter Pitt. M.Inst.CE., M.I.M.E. f f 

Member of the Committee of International Maritime Conference, London, Ac \ 



INITIALS AND HEADINGS OF ARTICLES 



xiii 



W.B.I.H. 



W.B.1 



W.T.Qk 



W.Wr. 



W.W.H.* 



W.W.B.* 



William Richard Eaton Hoooxinioii, Ph.D., F.R.S. 

Professor of Chemistry and Physics. Ordnance College, Woolwich. Formerly Pro- 
fessor of Chemistry and Physics, R.M.A., Woolwich. Part-author of Valentin- 
Hodgldnson's Practical Chemistry; Ac. 

William Robertson Smith, LL.D. 

See the biographical article: Smith, W. R. 

William Thomas Calman, D.Sc. p F.Z.S. 



on. -( 

• I 



Assistant in charge of Crustacea, Natural History Museum, South Kensington. 
Author of "Crustacea "in A Treatise on Zoology, edited by Sir E. Ray Lankester. 

Wxluston Walker, Ph.D., D.D. f 

Professor of Church History, Yale University. Author of History of the Congrf \ 
gational Churches in tkt Untied Stales', Tho Reformation', John Goa»*;&c I 

Hon. William Wist Henry. M.A. (d. iooo). 

Formerly President of the American Historical Association and 
torical Society. Author and Editor of the Life, Correspondence 
Patrick Henry. 

William Walker Rockwell, Lie Thiol. f 

Assistant P ro fes sor of Church History, Union Theological Seminary, New York. \ 



Cordite, 

Dartd (i» part); 
Decalogue (impart). 

Crab; 
Crayfish; 



of the Virginia His- 1 Dmjs. 



(in part). 



PRINCIPAL UNSIGNED ARTICLES 



Uw. 



CofyrlgfcL 



Cor*. 



Corporation. 


Cricket 


Corrupt Practtota. 


Crocus. 


Corsica. 


Croquet 


Corvat. 


CrueJferao. 


Costa Rica. 


Culdees. 


Count 


Cumberland. 


Court. 


Corllsc. 


Comrade. 


Currant 


Covenantors. 


Cursor MandL 


Crawford, Math oL 


Cattery. 


Crtey. 


Cycling. 


Cretaceous System. 


Cycloid. 


Crfboage. 


Cynics. 



Cyrtnaies. 



Darfur. 
Deacon. 
Dean. 



Delaware. 



!■■•/ 



ENCYCLOPEDIA BRITANNICA 



ELEVENTH EDITION 



VOLUME VII 



COHSTAimNB PAVLOVICH (1779-1*31)1 grand-duke and 
cesarevich of Russia, was bora at Tsarskoye Selo on the 27th 
of April 1779. Of the sons born to the unfortunate tsar Paul 
Petrovich and bis wife Maria Feodorovna, nU princess of WUrt- 
temberg, none more closely resembled his father in bodily 
and mental characteristics than did the second, Constantine 
Pavlovich. The direction of the boy's upbringing was entirely 
in the hands of his grandmother, the empress Catherine II. As 
in the case of her eldest grandson (afterwards the emperor 
Alexander I.)i she regulated every detail of his physical and 
mental education; but in accordance with her usual custom 
she left the carrying out of her views to the men who were in 
her confidence. Count Nicolai Ivanovich Soltikov was supposed 
to be the actual tutor, but he too in his turn transferred the 
burden to another, only interfering personally on quite excep- 
tional occasions, and exercised neither a positive nor a negative 
influence upon the character of the exceedingly passionate, 
restless and headstrong boy. The only person who really took 
him in hand was Cesar La Harpe, who was tutor-in-chief from 
1783 to May 179s and educated both the empress's grandsons. 

Like Alexander, Constantine was married by Catherine when 
not yet seventeen years of age, a raw and immature boy, and 
he made his wife, Juliana of Coburg, intensely miserable. After 
'a first separation in the year 1799, she went back permanently 
to her German home in x8ox, the victim of a frivolous intrigue, 
in the guilt of which she was herself involved. An attempt made 
by Constantine in 181 4 to win her back to his hearth and home 
broke down on her firm opposition. During the time of this 
tragic marriage Constantine 's first campaign took place under 
the leadership of the great Suvorov. The battle of Bassignano 
was lost by Constantine's fault, but at Novi he distinguished 
himself by such personal bravery that the emperor Paul be- 
stowed on him the title of cesarevich, which according to the 
fundamental law of the constitution belonged only to ihe heir 
to the throne. Though it cannot be proved that this action of 
the tsar denoted any far-reaching plan, it yet shows that Paul 
already distrusted the grand-duke Alexander. However that 
may be, it is certain that Constantine never tried to secure the 
throne. After his father's death he led a wild and disorderly 
bachelor Hfe. He abstained from politics, but remained faithful 
to his military inclinations, though, indeed, without manifesting 
anything mote than a preference for the externalities of the 
Service. 

In command of the Guards during the campaign of 1805 



Constantine had a share of the responsibility for the unfortunate 
turn which events took at the battle of Austerlitz; while in 
1807 neither his skill nor his fortune in war showed any improve- 
ment. However, after the peace of Tilsit he became an ardent 
admirer of the great Corsicanand an upholder of the Russo- 
French alliance. It was on this account that in political questions 
he did not enjoy the confidence of his imperial brother. To the 
latter the French alliance had always been merely a means to 
an end, and after he had satisfied himself at Erfurt, and later 
during the Franco-Austrian War of 1809, that Napoleon like- 
wise regarded his relation to Russia only from the point of view 
of political advantage, he became convinced that the alliance 
must transform itself into a battle of life and death. Such 
insight was never attained by Constantine; even in 18 12, after 
the fall of Moscow, he pressed for a speedy conclusion of peace 
with Napoleon, and, like field-marshal Kutusov, he too opposed 
the policy which carried the war across the Russian frontier to 
a victorious conclusion upon French soil. During the campaign 
he was a boon companion of every commanding-officer. Barclay 
dc Tolly was twice obliged to send him away from the army. 
His share in the battles in Germany and France was insignificant. 
At Dresden, on the 26th of August, his military knowledge 
failed him at the decisive moment, but at La Fdre-Champenoise 
he distinguished himself by personal bravery. On the whole he 
cut no great figure. In Paris the grand-duke excited public 
ridicule by the manifestation of his petty military fads. Hit 
first visit was to the stables, and it was said that he had marching 
and drilling even in his private rooms. 

In the great political decisions of those days Constantine took 
not the smallest part. His importance in political history dates 
only from the moment when the emperor Alexander entrusted 
him in Poland with a task which enabled him to concentrate all 
the one-sidedness of his talents and all the doggedness of his 
nature on a definite object: that of the militarization and 
outward discipline of Poland. With this begins the part played 
by the grand-duke in history. In the Congress-Poland created 
by Alexander he received the post of commander-in-chief of the 
forces of the kingdom; to which was added later (1819) the 
command of the Lithuanian troops and of those of the Russian 
provinces that had formerly belonged to the kingdom of Poland. 
In effect he was the actual ruler of the country, and soon became 
the most zealous advocate of the separate position of Poland 
created by the constitution granted by Alexander. He organized 
their army for the Poles, and felt himself more a Pole than a 

2a 



OONSTANTINE 



Russian, especially after his marriage, on the 27th of May 1820, 
with a Polish lady, Johanna Grudzinska. Connected with this 
was his renunciation of any claim to the Russian succession, 
which was formally completed in 1822. It is well known how, 
in spite of this, when Alexander I. died on the ist of December 
1825 the grand-duke Nicholas had him proclaimed emperor 
in St Petersburg, in connexion with which occurred the famous 
revolt of the Russian Liberals, known as the rising of the 
Dekabrists. In this crisis Constantine's attitude had been 
very correct, far more go than that of his brother, which was 
vacillating and uncertain. Under the emperor Nicholas also 
Constantine maintained his position in Poland. But differences 
soon arose between him and his brother in consequence of the 
share taken by the Poles in the Dekabrist conspiracy. Con- 
stantine hindered the unveiling of the organized plotting for 
independence which had been going on in Poland for many 
years, and held obstinately to the belief that tip army and the 
bureaucracy were loyally devoted to the Russian empire. The 
eastern policy of the tsar and the Turkish'War of 1828 and 1829 
caused a fresh breach between them. It was owing to the opposi- 
tion of Constantine that the Polish army took no part in this 
war, so that there was in consequence no Russo-Polish comrade- 
ship in arms, such as might perhaps have led to a reconciliation 
between the two nations. 

The insurrection at Warsaw in November. 1830 took Con- 
stantine completely by surprise. It was owing to his utter failure 
to grasp the situation that the Polish regiments passed ever to 
the revolutionaries; and during the continuance of the revolution 
he showed himself as incompetent as he was lacking in judgment. 
Every defeat of the Russians appeared to him almost in the 
light of a personal gratification: his soldiers were victorious. 
The suppression of the revolution he did not live to see. He 
died of cholera at Vitebsk on the 27th of June 1831. He was 
an impossible man in an impossible situation. On the Russian 
imperial throne he -would in all probability have been a tyrant 
like his father. 

Sec also Karmovich's The Cesarevich Constantine PavUmck (2 vols., 
St Petersburg, 1899). (Russian); T. Schiemann's CeschickU Russ- 
lands unter Kaiser Nicolaus I. vol. i. (Berlin, 1004); Pusyrevski's 
The Russo-Polish War of jSji (and ed., St Petersburg, 1890) 
(Russian). (T. SB.) 

CONSTANTINE, a dty of Algeria, capital of the department 
of the same name, 54 m. by railway S. by W. of the port of 
Philippeville, in 36*2 2' N., 6° 36' E. Constantine is the residence 
of a general commanding a division, of a prefect and other high 
officials, is the seat of a bishop, and had a population in 1906 
of 46,806, of whom 25,3x2 were Europeans. The population of 
the commune, which includes the suburbs of Constantine, was 
58,435. The city occupies a romantic position on a rocky 
plateau, cut off on all sides save the west from the surrounding 
country by a beautiful ravine, through which the river Rummel 
flows. The plateau is 2130 ft. above sea-level, and from 500 to 
nearly 1000 ft. above the river bed. The ravine, formed by 
the Rummel, through erosion of the limestone, varies greatly in 
width— at its narrowest part the cliffs are only 15 ft. apart, at 
its broadest the valley is 400 yds. wide. At the N.E. angle of the 
city the gorge is spanned by an ironJ>ridge (El-Kantara) built 
in 1863, giving access to the railway station, situated on Mansura 
hill. A stone bridge built by the Romans, and restored at 
various times, suddenly gave way in 1857 and is now in ruins; 
it was built on a natural arch, which, 184 ft. above the level of 
,the river, spans the valley. Along the north-eastern side of 
the city the Rummel is spanned in all four times by these natural 
stone arches or tunnels. To the north the city is commanded 
by the Jebel Mecid, a hill which the French (following the example 
of the Romans) have fortified. 

Constantine is walled, the extant medieval wall having been 
largely constructed out of Roman material. Through the centre 
from north to south runs a street (the rue de France) roughly 
dividing Constantine into two parts. The place du Palais, in 
which arc the palace of the governor and the cathedral, and the 
kasbah (citadel) are west of the rue de France, as is likewise 



the place Negrier, containing the law courts. The native town 
lies chiefly in the south-east part of the city. A striking contrast 
exists between the Moorish quarter, with its tortuous lanes 
and Oriental architecture, and the modern quarter, with its 
rectangular streets and wide open squares, frequently bordered 
with trees and adorned with fountains. Of the squares the 
place de Nemours is the centre of the commercial and social life 
of the city. Of the public buildings those dating from before the 
French occupation possess chief interest. Tie palace, built 
by Ahmed Pasha, the last bey of Constantine,, between 1830 
and 1836, is one of the finest specimens of Moorish architecture 
of the 19th century. The kasbah, which occupies the northern 
corner of the city, dates from Roman times, and preserves in 
its more modern portions numerous remains of other Roman 
edifices. It is now turned into barracks and a hospital. The fine 
mosque of Sidi-cl-Kattani (or Salah Bey) dates from the dose of 
the 1 8th century; that of Suk-er-Rezel, now transformed into a 
cathedral, and called Noire- Dame des Sept Doubters, was built 
about a century earlier. The Great Mosque, or Jamaa-el-Kebir, 
occupies the site of what was probably an andent pantheon. 
The mosque Sidi-el-Akhdar has a beautiful minaret nearly 
80 ft. high. The museum, housed in the h6teldeville, contains a 
fine collection of antiquities, including a famous bronze statuette 
of the winged figure of Victory, 23 in. high, discovered in the 
kasbah in 1858. 

A religious seminary, or medressa, is maintained in connexion 
with the Sidi-cl-Kattani; and the French support a college and 
various minor educational establishments for both Arabic and 
European culture. The native industry of Constantine is chiefly 
confined to leather goods and woollen fabrics. Some 100,000 
burnouses are made annually, the finest partly of wool and 
partly of silk. There is also an active trade in embossing or 
engraving copper and brass utensils. A considerable trade is 
carried on over a large area by means of railway connexion with 
Algiers, Bona, Tunis and Biskra, as well as with Philippeville. 
The railways, however, have taken away from the dty its 
monopoly of the traffic in wheat, though its share in that trade 
still amounts to from £400,000 to £480,000 a year. 

Constantine, or, as it was orginally called, Cirta or Kirtha, 
from the Phoenician word for a dty, was in andent times one 
of the most important towns of Numidia, and the residence oi 
the kings of the Massyli. Under Midpsa (2nd century B.C.) 
it reached the bright of its prosperity, and was able to furnish 
an army of 10,000 cavalry and 20,000 infantry. Though it 
afterwards declined, it still continued an important military 
post, and is frequently mentioned during successive wars. 
Caesar having bestowed a part of its territory on his supporter 
Sit tius, the latter introduced a Roman settlement, and the town 
for a time was known as Colonic Sittianorum. In the war oi 
Maxentius against Alexander, the Numidian usurper, it was laid 
in ruins; and on its restoration in a.d. 3x3 by Constantine it 
received the name which it still retains. It was not captured 
during the Vandal invasion of Africa, but on the conquest by 
the Arabians (7th century) it shared the same fate as the 
surrounding country. Successive Arab dynasties looted it, 
and many monuments of antiquity suffered (to be finally swept 
away by " munidpal improvements " under the French regime). 
During the 12th century it was still a place of considerable 
prosperity; and' its commerce was extensive enough to attract 
the merchants of Pisa, Genoa and Venice. Frequently taken 
and retaken by the Turks. Constantine finally became under 
their dominion the seat of a bey, subordinate to the dey oi 
Algiers. To Salah Bey, who ruled from 1770 to 1792, we owe 
most of the existing Moslem buildings. In 1826 Constantine 
asserted its independence of the dey of Algiers, and was governed 
by Haji Ahmed, the choice of the Kabyles. In 1836 the French 
under Marshal Clausel made an unsuccessful attempt to storm 
the city, which they attacked by night by way of El-Kantara, 
The French suffered heavy loss. In 1837 Marshal Val6e 
approached the town by the connecting western isthmus, 
and succeeded in taking it by assault, though again the French 
lost heavily. Ahmed, however, escaped and maintained his 



CONSTANTINOPLE 



independence In the Ames mountains. He submitted to the 
French in 1848 and died in 1850. 

CONSTANTINOPLE, the capital of the Turkish empire, 
situated in 41° o' 16* N. and a8° 58' 14' E. The city stands at 
the southern extremity of the Bosporus, upon a hilly promontory 
that runs out from the European or western side of the straits 
towards the opposite Asiatic bank, as though to stem the rush 
of waters from the Black Sea into the Sea of Marmora. Thus 
the promontory has the latter sea on the south, and the bay of 
the Bosporus, forming the magnificent harbour known as the 
GoBen Horn, some 4 m. long, on the north. Two streams, the 
Cydaris and Barbysus of ancient days, the Ali-Bey-Su and 
Kiahat-Hane-Su of modern times, enter the bay at its north- 
western end. A small winter stream, named the Lycus, that 
flows through the promontory from west to south-east into the 
Sea of Marmora, breaks the hilly ground into two great masses, — 
a long ridge, divided by cross-valleys into six eminences, over- 
hanging the Golden Horn, and a. large isolated hill constituting 
the south-western portion of the territory. Hence the claim of 
Constantinople to be enthroned, like Rome, upon seven hills. 
The 1st hill is distinguished by the Seraglio, St Sophia and the 
Hippodrome; the 2nd by the column of Constant ine and 
the mosque Nuri-Osmanich; the 3rd by the war office, the 
Seraskereate Tower and the mosque of Sultan Suleiman; the 
4th by the mosque of Sultan Mahommed II., the Conqueror; 
the 5th by the mosque of Sultan Selim; the 6th by Tckfour 
Serai and the quarter of Egri Kapu; the 7 th by Avret Tash 
and the quarter of Psamatia, In Byzantine limes the two last 
hills were named respectively the hill of Blachernae and the 
Xerolopbos or dry hill. 

History, Architecture and Antiquities.— Constantinople is 
famous in* history, first as the capital of the Roman empire in 
the East for more than eleven centuries (330-1453), and secondly 
as the capital of the Ottoman, empire since 1453. In respect 
of influence over the course of human affairs, its only rivals are 
Athens, Rome and Jerusalem. Yet even the gifts of these 
rivals to the cause of civilization often bear the image and 
superscription of Constantinople upon them. Roman law, 
Greek literature, the theology of the Christian church, for 
example, are intimately associated with the history of the city 
beside the Bosporus. 

The city was founded by Constantine the Great, through the 
enlargement of the old town of Byzantium, in aj>. 328, and was 
inaugurated as a new seat of government on the nth of May, 
a.D. 330. To indicate its political dignity, it was named New 
Rome, while to perpetuate the fame of its founder it was styled 
Constantinople. The chief patriarch of the Greek church still 
signs himself "archbishop of Constantinople, New Rome." 
The old name of the place, Byzantium/ however, continued 
in use. 

The creation of a new capital by Constantine was not an act 
of personal caprice or individual judgment. It was the result 
of causes long in operation, and had been foreshadowed, forty 
years before, in the policy of Diocletian. After the senate and 
people of Rome had ceased to be the sovereigns of the Roman 
world, and tjieir authority had been vested in the sole person 
of the emperor, the eternal city could no longer claim to be the 
rightful throne of the state. That honour could henceforth be 
conferred upon any place in the Roman world which might suit 
the convenience of the emperor, or serve more efficiently the 
interests he had to guard. Furthermore, the empire was now 
upon its defence. Dreams of conquests and extension had long 
been abandoned, and the pressing question of the time was how 
to repel the persistent assaults of Persia and the barbarians upon 
the frontiers of the realm, and so retain the dominion inherited 
from the valour of the past The size of the empire made it 
difficult, if not impossible, to attend to these assaults, or to control 
the ambition of successful generals, from one centre. Then the 
East had grown in political importance, both as the scene of the 
most active life in the state and as the portion of the empire 
most exposed to attack. Hence the famous scheme of Diocletian 
to divide the burden of government between four colleagues, in 



oider to secure a better administration of ctvUand of nfllury 
affairs. It was a scheme, however, that lowered the prestige 
of Rome, for it involved four distinct seats of government, among 
which, as the event proved, no place was found ^or the ancient 
capital of the Roman world. It also declared the high position 
of the East, by the selection of Nicomedia in Asia Minor as the 
residence of Diocletian himself. When Constantine, therefore, 
established a new seat of government at Byzantium, he adopted 
a policy inaugurated before his day as essential to the preserva- 
tion of the Roman dominion. He can claim originality only in 
his choice of the particular point at which that seat was placed, 
and in his recognition of the fact that his alliance with the 
Christian church could be best maintained in a new atmosphere. 

But whatever view may be taken of the policy which divided 
the government of the empire, there can be no dispute as to the 
widsom displayed in the selection of the site for a new imperial 
throne. " Of all the events of Constantine's life," says Dean 
Stanley, " this choice is the most convincing and enduring proof 
of his real genius." Situated where Europe and Asia are parted 
by a channel never more than 5 m. across, and sometimes 
less than half a mile wide, placed at a point commanding the 
great waterway between the Mediterranean and the Black 
Sea, the position affords immense scope for commercial enterprise 
and political action in rich and varied regions of the world. The 
least a city in that situation can claim as its appropriate sphere 
of influence is the vast domain extending from the Adriatic to 
the Persian Gulf, and from the Danube to the eastern Mediter- 
ranean. Moreover, the site constituted a. natural citadel, 
difficult to approach or to invest, and an almost impregnable 
refuge in the hour of defeat, within which broken forces might 
rally to retrieve disaster. To surround it, an enemy required 
to -be strong upon both land and sea. Foes advancing through 
Asia Minor would have their march arrested, and their blows 
kept beyond striking distance, by the moat which the waters 
of the Bosporus, the Sea of Marmora and the Dardanelles 
combine to form. The narrow straits in which the waterway 
connecting the Mediterranean with the Black Sea contracts, 
both to the north and to the south of the city, could be rendered 
impassable to hostile fleets approaching from either direction, 
while on the landward side the line of defence was so short that 
it could be strongly fortified, and held against large numbers 
by a comparatively small force. Nature, indeed, cannot relieve 
men of their duty to be wise and brave, but, in the marvellous 
configuration of land and sea about Constantinople, nature has 
done her utmost to enable human skill and courage to establish 
there the splendid and stable throne of a great empire. 

Byzantium, out of which Constantinople sprang, was a small, 
well-fortified town, occupying most of the territory comprised 
in the two hills nearest the head of the promontory, and in the 
level ground at their base. The landward wall started from a 
point near the present Stamboul custom-house, and reached the 
ridge of the 2nd hill, a little to the east of the point marked by 
Chemberli Tash (the column of Constantine). There the principal 
gate of the town opened upon the Egnatian road. From that 
gate the wall descended towards the Sea of Marmora, touching 
the water in the neighbourhood of the Seraglio lighthouse. The 
Acropolis, enclosing venerated temples, crowned the summit of 
the first hill, where the Seraglio stands. Immediately to the 
south of the fortress was the principal market-place of the town, 
surrounded by porticoes on its four sides, and hence named the 
Tetrastoon. On the southern side of the square stood the baths 
of Zeuxippus, and beyond them, still farther south, lay the 
Hippodrome, which Scptimius Severus had undertaken to build 
but failed to complete. Two theatres, on the eastern slope of 
the Acropolis, faced the bright waters of the Marmora, and a 
stadium was found on the level tract on the other side of the hill, 
close to the Golden Horn. The Strategion, devoted to the 
military exercises of the brave little town, stood close to Sirkcdji 
Iskelessi, and two artificial harbours, the Portus Prosforianus 
and the Neorion, indented the shore of the Golden Horn, re- 
spectively in front of the ground now occupied by the station of 
the Chemins de Fer Orientaux and the Stamboul custom-house. 



CONSTANTINOPLE 



A graceful granite column, still erect on the slope above the head 
of the promontory, commemorated Lhe victory of Claudius 
Gothicus over the Goths at Nissa, a.d. 269. All this furniture 
of Byzantium was appropriated for the use of the new capital. 

According to Zosimus, the line of the landward walls erected 
by COnstantine to defend New Rome was drawn at a distance of 
nearly 2 m. (15 stadia) to the west of the limits of the old town. 
It therefore ran across the promontory from the vicinity of Un 
Kapan Kapusi (Porta Platea), at the Stamboul head of the 
Inner Bridge, to the neighbourhood of Daud Pasha Kapusi 
(Porta S. Aemiliani), on the Marmora; and thus addwj the 3rd 
and 4th hills and portions of the 5th and 7th hills to the territory 
of Byzantium. We have two indications of the course of these 
walls on the 7th hill. One is found in the name Isa Kapusi (the 
Gate of Jesus) attached to a mosque, formerly a Christian church, 
situated above the quarter of Psamatia. It perpetuates the 
memory of the beautiful gateway which formed the triumphal 
entrance into the city of Constantine, and which survived the 
original bounds of the new capital as late as 1508, when it was 
overthrown by an earthquake. The other indication is the name 
Alti Mermer (the six columns) given to a quarter in the same 
neighbourhood. The name is an ignorant translation of Exa- 
kionion, the corrupt form of the designation Exokionion, which 
belonged in Byzantine days to that quarter because marked by 
a column outside the city limits. Hence the Arians, upon their 
expulsion from the city by Theodosius I., were allowed to hold 



their religious services in the Exokionion, seeing that it was an 
extra-mural district. This explains the fact that Arians are 
sometimes styled Exokionitae by ecclesiastical historians. 
The Constantinian line of fortifications, therefore, ran a little 
to the east of the quarter of Alti Mermer. In addition to the 
territory enclosed within the limits just described, the suburb 
of Sycae or Galata, on the opposite side of the Golden Horn, 
and the suburb of Blachernae, on the 6th hill, were regarded 
as parts of the city, but stood within their own fortifications. 
It was to the ramparts of Constantine that the city owed its 
deliverance when attacked by the Goths, after the terrible 
defeat of Valens at Adrianople, a.d. 378. 

In the opinion of his courtiers, the bounds assigned to New 
Rome by Constantine seemed, it is said, too wide, but after 
some eighty years they proved too narrow for the population 
that had gathered within the city. The barbarians had meantime 
also grown more formidable, and this made it necessary to have 
stronger fortifications for the capital. Accordingly, in 413, in 
the reign of Theodosius II., Anthemius, then praetorian prefect 
of the East and regent, enlarged and rcfortified the city by the 
erection of the wall which forms the innermost line of defence in 
the bulwarks whose picturesque ruins now stretch from the Sea 
of Marmora, on the south of Yedi Kul£h (the seven towers), 
northwards to the old Byzantine palace of the Porphyrogcnitus 
(Tekfour Serai), above the quarter of Egri Kapu. There the new 
works joined the walls of the suburb of Blachernae. and thus 



CONSTANTINOPLE 



protected the dty on the west down to the Golden Horn, Some- 
what later, in 430, the walls along the Marmora and the Golden 
Horn were brought, by the prefect Cyrus, up to the extremities 
of the new landward walls, and thus invested the capital in 
complete armour. Then also Constantinople attained its final 
size. For any subsequent extension of the city limits was 
insignificant, and was due to strategic considerations. In 447 
the wall of Anthemius was seriously injured by one of those 
earthquakes to which the city is liable. The disaster was all 
the more grave, as the Huns under Attila were carrying every- 
thing before them in the Balkan lands. The desperateness of 
the situation, however, roused the government of Theodosius II., 
who was still upon the throne, to put forth the most energetic 
eflorts to meet the emergency. If we may trust two contem- 
porary inscriptions, one Latin, the other Greek, still found on 
the gate Yeni Mevlevi Khaneh Kapusi (Porta Rhegium), the 
capital was again fully armed, and rendered more secure than 
ever, by the prefect Constantino, in less than two months. Not 
only was the wall of Anthemius restored, but, at the distance 
of 20 yds., another wall was built in front of it, and at the 
same distance from this second wall a broad moat was con- 
structed with a breastwork along its inner edge. Each wall 
was flanked by ninety-six towers. According to some authorities, 
the moat was flooded during a siege by opening the aqueducts, 
which crossed the moat at intervals and conveyed water into 
the city in time of peace. This opinion is extremely doubtful. 
But in any case, here was a barricade 100-207 ft. thick, and 
100 ft high, with its several parts rising tier above tier to permit 
concerted action, and alive with large bodies of troops ready to 
pour, from every coign of vantage, missiles of death — arrows, 
stones, Greek fire — upon a foe. It is not strange that these 
fortifications defied the assaults of barbarism upon the civilized 
Hie of the world for more than a thousand years. As might be 
expected, the walls demanded frequent restoration from time 
to time in the course of their long history. Inscriptions upon 
them record repairs, for example, under Justin II., Leo the 
Isaurian, Basil II., John Palaeologus, and others. Still, the 
ramparts extending now from the Marmora to Tckfour Serai 
are to all intents and purposes the ruins of the Theodosian walls 
of the 5th century. 

This is not the case in regard to the other parts of the fortifica- 
tions of the city. The watts along the Marmora and the Golden 
Horn represent the great restoration of the seaward defences 
of the capital carried out by the emperor Theophilus in the 9th 
century; while the walls between Tekfour Serai and the Golden 
Horn were built long after the reign of Tbcodosius II., super- 
seding the defences of that quarter of the city in his day, and 
relegating them, as traces of their course to the rear of the later 
works indicate, to the secondary office of protecting the palace 
of Blachernac. In 627 Heraclius built the wall along the west 
of the quarter of Aivan Serai, in order to bring the level tract at 
the foot of the 6th hill within the city bounds, and shield the 
church of Blachernae, which had been exposed to great danger 
during the siege of the city by the Avars in that year. In 813 
Leo V. the Armenian built the wall which stands in front of the 
wall of Heraclius to strengthen that point in view of an expected 
attack by the Bulgarians. 

The splendid wall, flanked by. nine towers, that descends from 
the court of Tekfour Serai to the level tract below Egri Kapu, 
was built by Manuel Comnenus < 1143-1180) for the greater 
security of the part of the city in which stood the palace of 
Blachernae, then the favourite imperial residence. Lastly, 
the portion of the fortifications between the wall of Manuel 
and the wall of Heraclius presents too many problems to be 
discussed here. Enough to say, that in it we find work belonging 
to the times of the Comneni, Isaac Angelus and the Palaeologi. 

If we leave out of account the attacks upon the city in the 
course of the civil wars between rival parties in the empire, the 
fortifications of Constantinople were assailed by the Avars in 
627; by the Saracens in 673-677, and again in 718; by the 
Bulgarians in 813 and 013; by the forces of the Fourth Crusade 
in 1203-1204; by the Turks in 1422 and 1453. The city was 



taken in 1104, and became the seat of a Latin empire until 1261, 
when it was recovered by the Greeks. On the 29th of May 1453 
Constantinople ceased to be the capital of the Roman empire 
in the East, and became the capital of the Ottoman dominion. 

The most noteworthy points in the circuit of the walls of the 
dty are the following, (x) The Golden gate, now included in 
the Turkish fortress of Yedi Kuleh. It is a triumphal archway, 
consisting of three arches, erected in honour of the victory of 
Tbcodosius I. over Maximus in 388, and subsequently incorpor- 
ated in the walls of Tbcodosius IL, as the state entrance of the 
capital. (2) The gate of Sclivria, or of the Peg£, through which 
Alexius Strategopoulos made his way into the city in 1261, and 
brought the Latin empire of Constantinople to an end. (3) The 
gate of St Romanus (Top Kapusi), by which, in 1453, Sultan 
Mahommed entered Constantinople after the fall of the city 
into Turkish hands. (4) The great breach made in the ramparts 
crossing the valley of the Lycus, the scene of the severest 
fighting in the siege of 1453, where the Turks stormed the dty, 
and the last Byzantine emperor met his heroic death. (5) The 
palace of the Porphyrogenitus,long erroneously identified with the 
palace of the Hebdomon, which really stood at Makrikeui. It is 
the finest specimen of Byzantine tivil architecture left in the city. 
(6) The tower of Isaac Angelus and the tower of Anemas, with 
the chambers in the body of the wall to the north of them. (7) 
The wall of Leo, against which the troops of the Fourth Crusade 
came, in 1203, from their camp on the hill opposite the wall, and 
delivered their chief attack. (8) The walls protecting the quarter 
of Phanar, which the army and fleet of the Fourth Crusade under 
the Venetian doge Henrico Dandolo carried in 1204. (9) Yali 
Kiosk Kapusi, beside which the southern end of the chain drawn 
across the mouth of the harbour during a siege was attached. 
(10) The ruins of the palace of Hormisdas, near Chatladi Kapu, 
once the residence of Justinian the Great and Theodora. It 
was known in later times as the palace of the Bucoleon, and was 
the scene of the assassination of Nicephorus Phocas. (11) The 
sites of the old harbours between Chatladi Kapu and Daud 
Pasha Kapusi. (12) The fine marble tower near the junction 
of the walls along the Marmora with the landward walls. 

The interior arrangements of the dty were largely determined 
by the configuration of its site, which falls into three great divi- 
sions, — the levd ground and slopes looking towards the Sea of 
Marmora, the range of hills forming the midland portion of the 
promontory, and the slopes and levd ground fadng the Golden 
Horn. In each division a great street ran through the dty from 
east to west, generally lined with arcades on one side, but with 
arcades on both sides when traversing the finer and busier 
quarters. The street along the ridge formed the prindpal 
thoroughfare, and was named the Mcse" (Mfenj), because it ran 
through the middle of the city. On reaching the west of the 
3rd hill, it divided into two branches, one leading across the 71b 
hill to the Golden gate, the other conducting to the church of 
the Holy Apostles, and the gate of Charisius (Edirnth Kapusi). 
The Mese* linked together the great fora of the dty,— the Augus- 
taion on the south of St Sophia, the forum of Constantine on the 
summit of the 2nd hill, the forum of Theodosius I. or of Taurus 
on the summit of the 3rd hill, the forum of Amastrianon where the 
mosque of Shah Zadeh is situated, the forum of the Bous at Alt 
Serai, and the forum of Arcadius or Theodosius II. on the summit 
of the 7 th hill. This was the route followed on the occasion of 
triumphal processions. 

Of the edifices and monuments which adorned the fora, only a 
slight sketch can be given here. On the north side of the 
Augustaion rose the church of St Sophia, the most glorious 
cathedral of Eastern Christendom; opposite, on the southern 
side of the square, was the Chalet, the great gate of the imperial 
palace; on the east was the senate house, with a porch of six 
noble columns; to the west, across the Mcs£, were the law 
courts. In the area of the square stood the Milion, whence dis- 
tances from Constantinople were measured, and a lofty colunvt 
which bore the equestrian statue of Justinian the Great. There 
also was the statue of the empress Eudoxia, famous in the history 
of Chrysostom, the pedestal of which is preserved near the church 



CONSTANTINOPLE 



of St Irene\ The Augustaion was the heart of the city's ecclesi- 
astical and political life. The forum of Constantine was a great 
business centre. Its most remarkable monument was the column 
of Constantine, built of twelve drums of porphyry and bearing 
aloft his statue. Shorn of much of its beauty, the column still 
stands to proclaim the enduring influence of the foundation of 
the city. 

In the forum of Theodosius I. rose a column in his honour, 
constructed on the model of the hollow columns of Trajan and 
Marcus Aurefius at Rome. There also was the Anemodoulion, 
a beautiful pyramidal structure, surmounted by a vane to indicate 
the direction of the wind. Close to the forum, if not in it, was the 
capitol, in which the university of Constantinople was estab- 
lished. The most conspicuous object in the forum of the Bous 
was the figure of an ox, in bronze, beside which the bodies of 
criminals were sometimes burnt. Another hollow column, the 
pedestal of which is now known as Avret Tash, adorned the 
forum of Arcadius. A column in honour of the emperor Marcian 
stiH stands in the valley of the Lycus, below the mosque of 
Sultan Mahommed the Conqueror. Many beautiful statues, 
belonging to good periods of Greek and Roman art, decorated 
the fora, streets and public buildings of the city, but conflagra- 
tions and the vandalism of the Latin and Ottoman conquerors 
of Constantinople have robbed the world of those treasures. 

The imperial palace, founded by Constantine and extended 
by his successors, occupied the territory which lies to the east 
of St Sophia and the Hippodrome down to the water's edge. 
It consisted of a large number of detached buildings, in grounds 
made beautiful with gardens and trees, and commanding magnifi- 
cent views over the Sea of Marmora, across to the hills and moun- 
tains of the Asiatic coast. The buildings were mainly grouped 
in three divisions — the Chalet, the Daphne and the "sacred 
palace." Labarte and Paspates have attempted to reconstruct 
the palace, taking as their guide the descriptions given of it by 
Byzantine writers. The work of Labarte is specially valuable, 
but without proper excavations of the site all attempts to 
restore the plan of the palace with much accuracy lack a solid 
foundation. With the accession of Alexius Comnenus, the palace 
of Blachernae, at the north-western corner of the city, became 
the principal residence of the Byzantine court, and was in con- 
sequence extended and embellished. It stood in a more retired 
position, and was conveniently situated for excursions into 
the country and hunting expeditions. Of the palaces outside the 
walls, the most frequented were the palace at the Hebdomon, 
now Makrikeui, in the early days of the Empire, and the palace 
of the Peg6, now Balukli, a short distance beyond the gate of 
Selivria, in later times. For municipal purposes, the city was 
divided, Kke Rome, into fourteen Regions. 

As the seat of the chief prelate of Eastern Christendom, 
Constantinople was characterized by a strong theological and 
ecclesiastical temperament. It was full of churches and mona- 
steries, enriched with the reputed relics of saints, prophets and 
martyrs, which consecrated it a holy city and attracted pilgrims 
from every quarter to its shrines. It was the meeting-place of 
numerous ecclesiastical councils, some of them ecumenical (sec 
below, Constantinople, Councils op). It was likewise dis- 
tinguished for its numerous charitable institutions. Only some 
twenty of the old churches of the city are left. Most of them have 
been converted into mosques, but they are valuable monuments 
of the art which flourished in New Rome. Among the most 
interesting are the following. St John of the Studium (Emir- 
Achor Jamissi) is a basilica of the middle of the 5th century, 
and the oldest ecclesiastical fabric in the city; it is now, un- 
fortunately, almost a complete ruin. SS. Sergius and Bacchus 
(Kutchuk Aya Sofia) and St Sophia are erections of Justinian 
the Great. The former is an example of a dome rllaced on an 
octagonal structure, and in its general plan is similar to the con- 
temporary church of S. Vitale at Ravenna. St Sophia (t'e. 
'Ay la ZoQta, Holy Wisdom) is the glory of Byzantine art, and 
one of the most beautiful buildings in the world. St Mary 
Dlaconissa ((Calender Jamissi) is a fine specimen of the work 
of the closing years of the 6th century. St Irene, founded by 



Constantine, and repaired by Justinian, is in its present form 
mainly a restoration by Leo the Isaurian, in the middle of the 6th 
century. St Mary Panachrantos (Fenari Isa Mesjidi) belongs 
to the reign of Leo the Wise (886-91 2). The MyTelaion (Bodrum 
Jami) dates from the zoth century. The Pantepoptes (Eski 
Imaret Jamissi), the Pantocrator (Zeirek Kilisse Jamissi), and 
the body of the church of the Chora (Kahriyeh Jamissi) represent 
the age of the Comneni. The Pammacaristos (Fetiyeh Jamissi), 
St Andrew in Krisci (Khoja Mustapha Jamissi), the narthexesand 
side chapel of the Chora were, at least in their present form, 
erected in the times of the Palaeologi. It is difficult to assign 
precise dates to SS. Peter and Mark (Khoda Mustapha Jamissi 
at Aivan Serai), St Theodosia (Gul Jamissi), St Theodore Tyrone 
(Kiliss* Jamissi). The beautiful facade of the last is later than 
the other portions of the church, which have been assigned 
to the 9th or 10th century. 

For the thorough study of the church of St Sophia, the reader 
must consult the works of Fossati, Salzenburg, Lethaby and 
Swainson, and Antoniadi. The present edifice was built by 
Justinian the Great, under the direction of Anthemius of Tralles 
and his nephew Isidorus of Miletus. It was founded in sji 
and dedicated on Christmas Day 538. It replaced two earlier 
churches of that name, the first of which was built by Constantius 
and burnt down in 404, on the occasion of the exile of Chrysostom, 
while the second was erected by Theodosius II. in 415, and 
destroyed by fire in the Nika riot of 53a. Naturally the church 
has undergone repair from time, to time. The original dome 
fell in 558, as the result of an earthquake, and among the im- 
provements introduced in the course of restoration, the dome 
was raised 25 ft. higher than before. Repairs are recorded under 
Basil I., Basil II., Andronicus III. and Cantacuzene. Since the 
Turkish conquest a minaret has been erected at each of the 
four exterior angles of the building, and the interior has been 
adapted to the requirements of Moslem worship, mainly by the 
destruction or concealment of most of the mosaics which adorned 
the walls. In 1847-1848, during the reign of Abd-ul-Mejid, 
the building was put into a state of thorough repair by the Italian 
architect FossatL Happily the sultan allowed the mosaic figures, 
then exposed to view, to be covered with matting before being 
plastered over. They may reappear in the changes which the 
future will bring. 

The exterior appearance of the church is certainly disappoint- 
ing, but within it is, beyond all question, one of the most beautiful 
creations of human art. On a large scale, and in magnificent 
style, it combines the attractive features of a basilica, with all the 
glory of an edifice crowned by a dome. We have here a stately 
hall, 235 ft. N. and S., by 250 ft. E. and W., divided by two 
piers and eight columns on either hand into nave and aisles, 
with an apse at the eastern end and galleries on the three other 
sides. Over the central portion of the nave, a square area at 
the angles of which stand the four piers, and at a height of 1 79 ft. 
above the floor, spreads a dome, 107 ft. in diameter, and 46 
ft. deep, its base pierced by forty arched windows. From the 
cornice of the dome stretches eastwards and westwards a semi- 
dome, which in its turn rests upon three small semi-domes. 
The nave is thus covered completely by a domical canopy, 
which, in its ascent, swells larger and larger, mounts higher and 
higher, as though a miniature heaven rose overhead. For light- 
ness, for grace, for proportion, the effect is unrivalled. The walls 
of the building are reveted with marbles of various hues and 
patterns, arranged to form beautiful designs, and traces of the 
mosaics which joined the marbles in the rich and soft coloration 
of the whole interior surface of the building appear at many 
points. There are forty columns on the ground floor and sixty 
in the galleries, often crowned with beautiful capitals, in which 
the monograms of the emperor Justinian and the empress Theo- 
dora are inscribed. The eight porphyry columns, placed in pairs 
in the four bays at the corners of the nave, belonged originally 
to the temple of the sun at Baalbek. They were subsequently 
carried to Rome by Aurehan, and at length presented to Justinian 
by a lady named Marcia, to be erected in this church " for the 
salvation of her soul." The columns of verdc antique on either 



CONSTANTINOPLE 



side of the save aw commonly said to have come from the temple 
of Diana at Ephcsus, but recent authorities regard them as 
specially cut (or use in the church. The inner narthex of the 
church formed a magnificent vestibule 205 It. long by 26 ft. 
wide, revcted with marble slabs and glowing with mosaics. 

The citizens of Constantinople found their principal recreation 
in the chariot-races held in the Hippodrome, now the At Meidan, 
to the west of the mosque of Sultan Ahmed. So much did tht 
race-course (begun by Severus but completed by Constantine) 
enter into the life of the people that it has been styled " the axis 
of the Byzantine world." It was not only the scene of amuse- 
ment, but on account of its ample accommodation it was also 
the arena of much of the political life of the city. The factions, 
which usually contended there in sport, often gathered there 
is party strife. There emperors were acclaimed or insulted; 
there military triumphs were celebrated; there criminals were 
executed, and there martyrs were burned at the stake. Three 
monuments remain to mark the line of the Spina, around which 
the chariots whirled; an Egyptian obelisk of Thothmes HI., 
on a pedestal covered with bas-reliefs representing Theodosius I., 
the empress Galla, and his sons Arcadius and Honorius, pre- 
siding at scenes in the Hippodrome; the triple serpent column, 
which stood originally at Delphi, to commemorate the victory of 
Flataea 479 B.C.; a lofty pile of masonry, built in the form of 
an obelisk, and once covered with plates of gilded bronze. Under 
the Turkish buildings along the western side of the arena, some 
arches against which seats for the spectators were built are still 
visible. 

The dry was supplied with water mainly from two sources; 
from the streams immediately to the west, and from the springs 
and rain impounded in reservoirs in the forest of Belgrade, to 
the north-west, very much on the system followed by the Turks. 
The water was conveyed by aqueducts, concealed below the 
surface, except when crossing a valley. Within the city the water 
was stored in covered cisterns, or in large open reservoirs. The 
aqueduct of Justinian, the Crooked aqueduct, in the open country, 
and the aqueduct of Valcns that spans the valley between the 
4th and 3rd hills of the city, still carry on their beneficent work, 
and afford evidence of the attention given to the water-supply 
of the capital during the Byzantine period. The cistern of 
Arcadius, to the rear of the mosque of Sultan Selim (having, 
it has been estimated, a capacity of 6,571,720 cubic ft. of water), 
the cistern of Aspar, a short distance to the east of the gate of 
Adriaoople, and the cistern of Mokius, on the 7th hill, are speci- 
mens of the open reservoirs within the city walls. The cistern 
of Bin Bir Derek (cistern of Illus) with its 294 columns, each 
bu3t' up with three shafts, and the cistern Yeri Batan Serai 
(Cisterna Basilica) with its 420 columns show what covered 
cisterns were, on a grand scale. The latter' is still in use. 1 

Byzantine Constantinople was a great commercial centre. 
To equip it more fully for that purpose, several artificial harbours 
were constructed along the southern shore of the city, where 
no natural haven existed to accommodate ships coming up the 
Sea of Marmora. For the convenience of the imperial court, 
there was a small harbour in the bend of the shore to the east 
of Chatladi Kapu, known as the harbour of the Bucolcon. To 
the west of that gate, on the site of Kadriga Limani (the Port 
of the Galley), was the harbour of Julian, or, as it was named 
later, the harbour of Sophia (the empress of Justin II.). Traces 
of the harbour styled the Kontoscalion are found at Kum Kapu. 
To the east of Yeni Kapu stood the harbour of Kaisarius or the 
Heplascaton, while to the west of that gate was the harbour 
which bore the names of Eleutherius and of Thcodosiur I. A 
harbour named after the Golden gate stood on the shore to the 
south-west of the triumphal gate of the city. 

The Modern City. — As the capital of the Ottoman empire, 
the aspect of the city changed in many ways. The works of 

1 For full information on the subject of the ancient water-supply 
we Count A. F. Andrcossy, Constantinople et ie Bospkore; Tchikat- 
chev. Lt Bospkore et Constantinople (2nd ed., Paris. 1865): Forch- 
fcctmer and Strzygowski. Die byzantinischen WasserbehiUter; also 
article Acjucduct. 



art which adorned New Rome gradually disappeared. The. 
streets, never very wide, became narrower, and the porticoes 
along their sides were almost everywhere removed. A multitude 
of churches were destroyed, and most of those which survived 
were converted into mosques. In race and garb and speech 
the population grew largely oriental. One striking -alteration 
in the appearance of the city was the conversion of the territory 
extending from the head of the promontory to within a short 
distance of St Sophia into a great park, within which the buildings . 
constituting the seraglio of the sultans, like those forming the 
palace of the Byzantine emperors, were ranged around three 
courts, distinguished by their respective gates— Bab-i-Humayum, 
leading into the court of the Janissaries; Orta Kapu, the middle 
gate, giving access to the court in which the sultan held state 
receptions; and Bah-i-Saadet, the gate of Felicity, leading to 
the more private apartments of the palace. From the reign of 
Abd-ul-Mejid, the seraglio has been practically abandoned, first 
for the palace of Dolmabagcht on the shore near Beshiktash, 
and now for Yildiz Kiosk, on the heights above that suburb. It 
is, however,, visited annually by the sultan, to do homage to the 
relics of the prophet which are kept there. The older apartments 
of the palace, such as the throne-room, the Bagdad Kiosk, and 
many of the objects in the imperial treasury are of extreme 
interest to all lovers of oriental art. To visit the seraglio, an 
imperial irade is necessary. Another great change in the general 
aspect of the city has been produced by the erection of stately 
mosques in the most commanding situations, where dome and 
minarets and huge rectangular buildings present a combination 
of mass and slendemess, of rounded lines and soaring pinnacles, 
which gives to Constantinople an air of unique dignity and grace, 
and at the same time invests it with the glamour of the oriental 
world. The most remarkable mosques are the following: — The 
mosque of Sultan Mahommed the Conqueror, built on the site 
of the church of the Holy Apostles, in 1459, but rebuilt in 1768 
owing to injuries due to an earthquake; the mosques of Sultan 
Selim, of the Shah Zadeh, of Sultan Suleiman and of Rust em 
Pasha— all works of the 16th century, the best period of Turkish 
architecture; the mosque of Sultan Bayezid II. (1497-1505); 
the mosque of Sultan Ahmed L (1610); Yeni- Valid*- Jamissi 
(1615*1665); Nuri-Osmanieh (1748-1755); Laleli-Jamissi 
(1765). The Turbchs containing the tombs of the sultans and 
members of their families are often beautiful specimens of 
Turkish art. 

In their architecture, the mosques present a striking instance 
of the influence of the Byzantine style, especially as it appears 
in St Sophia. The architects of the mosques have made a 
skilful use of the semi-dome in the support of the main dome 
of the building, and in the consequent extension of the arched 
canopy that spreads over the worshipper. In some cases the 
main dome rests upon four semi-domes. At the same time, 
when viewed from the exterior, the main dome rises large, hold 
and commanding, with nothing of the squat appearance that 
mars the dome of St Sophia, with nothing of the petty prcttincss 
of the little domes perched on the drums of the later Byzantine 
churches. The great mosques express the spirit of the days 
when the Ottoman empire was still mighty and ambitious. 
Occasionally, as in the case of Laleli Jamissi, where the dome rests 
upon an octagon inscribed in a square, the influence of SS. 
Scrgius and Bacchus is perceptible. 

For all intents and purposes, Constantinople is now the 
collection of towns and villages situated on both sides of the 
Golden Horn and along the shores of the Bosporus, including 
Scutari and Kadikeui. But the principal ports of this great 
agglomeration are Stambout (from Gr. ilt rfjp rt&tv, " into 
the city "), the name specially applied to the portion of the city 
upon the promontory, Calata and Pcra. Gatata has a long 
history, which becomes of general interest after 1265, when it 
was assigned to the Genoese merchants in the city by Michael 
Palacologus, in return for the friendly services of Genoa in the 
overthrow of the Latin empire of Constantinople. In the course 
of time, notwithstanding stipulations to the contrary, the town 
was strongly fortified and. proved a troublesome neighbour 



CONSTANTINOPLE, COUNCILS OF 



<io 

of h, but most likely a Jerusalem baptismal formula revised by 
the interpolation of a few Nicene test-words. More recently 
its claim to be called " Constantinopolitan M has been challenged. 
It is not found in the earliest records of the acts of the council, 
nor was it referred to by the council of Ephesus (43 0» nor by 
the " Robber Synod " (449). although these both confirmed 
the Nicene faith. It also lacks the definiteness one would expect 
m a creed composed by an anti-Arian, anti-Pneumatomachian 
council. Harnack (Hcraog-Hauck, Reakncykhpadie, 3rd ed., 
&v. M Konstantinopoh't. Symbol.") conjectures that it was 
.ascribed to the council of Constantinople just before the council 
of Chalcedon in order to prove the orthodoxy of the Fathers of 
the second ecumenical council. At all events, it became the. 
creed of the universal church, and has been retained without 
change, save for the addition olftioque. 

Of the seven reputed canons of the council only the first four 
are unquestionably genuine. The fifth and the sixth probably 
belong to a synod of 382, and the seventh is properly not a canon. 
The most important enactments of the council were the granting 
of metropolitan rights to the bishops of Alexandria, Antioch, 
Thrace, Pontus and Ephesus; and according to Constantinople 
the place of honour after Rome, against which Rome protested. 
Not until 150 years later, and then only under compulsion of the 
emperor Justinian, did Rome acknowledge the ecumenicity of 
the council, and that merely as regarded its doctrinal decrees. 

See Marts* Hi. pp. $21-599; Hardouin I pp. 607-826; Hrfcle, 
and ed., ii. pp. 1 cnq. (English traiukttkm, ii. pp. 340 «jq); Hort, 
Two Dissertations (Cambridge, 1879); and the article CkfiKbs. 

3. The council of 553, the fifth ecumenical, grew out of the 
*ontrov«rsy of the " Three Chapters," an adequate account of 
which, up to the time of the council, may be found in the articles 
Jvszuoax and Victims. The Council convened, in response 
to the imperial summons, on the 4th of May 553. Of the 165 
bishops who subscribed the acts all but the five or six from 
Egypt were Oriental; the pope, Vigilius, refused to attend 
(he had made his escape from Constantinople, and from bis 
retreat in Chalcedon sent forth a vain protest against the council). 
The synod was utterly subservient to the emperor. The " Three 
Chapters" were condemned, and their authors, long dead, 
anathematized, without, however, derogating from the authority 
of the council of Chalcedon, which had given them a clean bill 
■of orthodoxy. Vigilius was excommunicated, and his name , 
erased from the diptychs. The Orthodox faith was set forth in 
fourteen anathemas. Opinion is divided as to whether Origen 
was condemned. His name occurs in the eleventh anathema, , 
but some consider it an interpolation; Hefcle defends the 
.genuineness of the text, but finds no evidence for a special 
session against Origen, as some have conjectured. 

The council was confirmed by the emperor, and was generally 
received in the East. Vigilius was soon coerced Into submission, 
but the West repudiated his pusillanimous surrender, and rejected 
the council. A schism ensued which lasted half a century and 
Was not fully healed until the synod of Aquileia, about 700. 
But the ecumenicity of the council was generally acknowledged 
by 680. 



See Martfllx. pp. 24*106, 149-658, 7W-73©; Hardouin iii. pp. 1-39$, 
331, 414. 5*4J Hcfele, 2nd ed.. u. p- — s — '- - • 

•ft. pp. 229-365). 



. pp. 79&Q24 (English translation, . 



' J 3. The sixth ecumenical council, 680-681, which was convened 
.by the emperor Constantine Pogonatus to terminate the Mono- 
theistic controversy (see Monotheutes). All the patriarchates 
were represented, Constantinople and Antioch by their bishops in 
person, the others by legates. The number of bishops present 
varied from 150 to 300. The council approved the first five 
ecumenical councils and reaffirmed the Nicene and u Niceno- 
Constantinopolitan '* creeds. Monothelitlsm was unequivocally 
'condemned; Christ was declared to have had " two natural 
wills and two natural operations, without division, conversion, 
separation or confusion." Prominent Monothelites, living or 
dead, were anathematized, in particular Sergius and his sue-! 
cessors in the see of Constantinople, the former pope, Honorfas, 
and Macarius, the patriarch of Antioch. An imperial decree 
'confirmed the council, and commanded the acceptance of its 



doctrines under pain of severe punfchmr»t The Monothelites 
took fright and fled to Syria, where they gradually formed the 
sect of the Maronites ($*). 

The anathematizing of Honorius as heterodox has occasioned 
no slight embarrassment to the supporters of the doctrine of 
papal infallibility. It is not within the scope of this article to 
pass judgment upon the various proposed solutions of the 
difficulty, e.f. that Honorius was not really a Monothelitc; 
that in acknowledging one will he was not speaking ax calhcdra\ 
that, at the time of condemning him, the council was no longer 
ecumenical; Ac One thing is certain, however, he was anathe- 
matized; and the notion of interpolation in the acts of the council 
(Baronius) may be dismissed as groundless. 

See Mansi xi. pp. 190-922; Hardouin iii. pp. 1043-1644; Hcfele, 
and ed. iii. pp. 1*1-313. 

4. The " Quinisext Synod " (602), so-called because it was 
regarded by the Greeks as supplementing the fifth and sixth 
ecumenical councils, was held in the dome of the Imperial 
Palace ( M In TruHo," whence the synod is called also " Trullan"). 
Its work was purely legislative and its decisions were set forth 
in toa canons. The sole authoritative standards of discipline 
were declared to be the " eighty-five apostolic canons," the 
canons of the first four ecumenical councils and of the synods 
of Ancyra, Neo-Caesarea, Antioch, Changra, Laodkea, Sardica 
and Carthage, and the canonical writings of some twelve Fathers, 
—all canons, synods and Fathers, Eastern with one exception, 
vis. Cyprian and the synod of Carthage; the bishops of Rome 
and the occidental synods were utterly ignored. 

The canons of the second and fourth ecumenical councils 
respecting the rank of Constantinople were confirmed; the rank 
of a see was declared to follow the civil rank of its city; un- 
enthroned bishops were guaranteed against diminution of their 
rights; metropolitans were forbidden to alienate the property 
of vacant suffragan sees. 

The provisions respecting clerical marriage were avowedly 
more lenient than the Roman practice. Ordination was denied 
to any one who after baptism had contracted a second marriage, 
kept a concubine, or married a widow or a woman of ill-repute. 
Lectors and cantors might marry after ordination; presbyters, 
deacons and sub-deacons, if already married, should retain their 
wives; a bishop, however, while not dissolving his marriage, 
should keep his wife at a distance, making suitable provision for 
her. An illegally married cleric could not perform sacerdotal 
functions. Monks and nuns were to be carefully separated, and 
were not to leave their houses without permission. 

It was forbidden to celebrate baptism or the eucharist in 
private oratories; neither might laymen give the elements to 
themselves, nor approach the altar, nor teach. Offerings for the 
dead were authorised, and the mixed chalice made obligatory. 
Contrary to the occidental custom, fasting on Saturday was 
forbidden. Tfee mutilation of the Scriptures and the desecration 
of sacred places were severely condemned; likewise the- use of 
the lamb as the symbol for Christ (a favourite symbol in the 
West). 

The synod legislated also concerning marriage, bigamy, 
adultery, rape, abortion, seductive arts and obscenity. The 
theatre, the circus and gambling were unsparingly denounced, 
and soothsayers and jugglers, pagan festivals and customs, and 
pagan oaths were placed under the ban. 

The council was confirmed by the emperor and accepted la 
the East; but the pope protested against -various canons, 
chiefly those respecting the rank of Constantinople, clerical 
marriage, the Saturday fast, and the use of the symbol of lamb; 
and refused, despite express imperial command and threat, to 
accept the " Fseudo-Sexta." So that while the synod adopted 
a body of legislation that has continued to be authoritative 
for the Eastern Church, it did so at the cost of 'aggravating the 
irritation of the West, and by so much hastening the inevitable 
rupture of the church. 

See Mansi xi. pp. 921-1024; Hardouin iii. pp. 1645-1716; Hefde. 
2nd ed., iii. pp. 338-348. 

5. The iconoclastic synods of 754 and 8*5, both of which 



CONSTANTINUS— CONSTELLATION 



promulgated bush decrees against images and neither of which 
b recognised by the Latin Church, and the synod of 84*, which 
repudiated the synod of 815, approved the second council of 
Nkaea, and restored the images, are all adequately treated in 
the snide Iconoclasts. 

See Msjui ni. op. 575 "W*. «"• PP- »I0 aqq., » v - PP» IH *qq * 
787 «QQv Hardouin iv. pp. 330 aqq, 1045 tqq., 1457 aqq.; Hefele, 
lad ed. iv. pp. I «qq. t 104 fqq. 

6. The synods of 869 and 879, of which the former, regarded 
by the Latin Church as the eighth ecumenical council, condemned 
Photiusasan usurper and restored Ignatius to the sec of Constanti- 
nople; the latter y which the Greeks consider to have been the 
troe eighth ecumenical' council, held after the death of Ignatius 
tad the reconciliation of Photius with the emperor, repudiated 
the synod of 869, restored Photius, and condemned all who would 
not recognise him. (For further details of these two synods see 
Fw/uiiSb) 

See Mansi xv. pp. 143-476 et passim, xvi. pp. 1-550, xvii. pp. 66- 
186, 365-530: Hardouin v. pp. 119-590, 749-1210, et passtm, vi. 

COMSTANTIMUS, pope from 708 to 715, was a Syrian by birth 
sad was consecrated pope in March 708. He was eager to assert 
the supremacy of the papal see; at the command of the emperor 
Justinian IL he visited Constantinople; and be died on the 9th 
of April 715. 

COKSTAimUS, FLAVTUS VALERIUS, commonly called 
Chlokus (the Pale), an epithet due to the Byzantine historians, 
Roman emperor and father of Constantine the Great, was born 
about a J). 250. He was of Illyrian origin; a fictitious connexion 
with the family of Claudius Gothicus was attributed to him 
by Constantine. Having distinguished himself by bis military 
ability and his able and gentle rule of Dalmatia, he was, on the 
lit of March 293, adopted and appointed Caesar by Maximian, 
whose stepdaughter, Flavia Maximiana Theodora, he had 
married in 289 after renouncing his wife Helena (the mother of 
Constantine). In the distribution of the provinces -Gaul and 
Britain were allotted to Const&ntius. In Britain Carausius and 
subsequently Allectus had declared themselves independent, 
sod it was not till 206 that, by the defeat of Allectus, it was 
re-united with the empire. In 298 Constantius overthrew the 
AJimanni in the territory of the Lingones (Langres) and 
strengthened the Rhine frontier. During the persecution of the 
Christians in 303 he behaved with great humanity. He ob- 
tained the title of Augustus on the 1st of May 305, and died 
the following year shortly before the 25th of July at Eboracum 
(York) during an expedition against the Picts and Scots. 

See Anretius Victor, Dc Caesaribus, 39; Eutropius ix. 14-25; 
ZoHmus ii. 7. 

COHSTAMTZA (Constanta) , formerly known as Kustendj! or 
Kustendje, a seaport on the Black Sea, and capital of the 
department of Constantsa, Rumania; 140 m. E. by S. from 
Bucharest by rail. Pop. (1000) 1 2,7 25. When the Dobrudja was 
ceded to Rumania in 1878, Constantsa was partly rebuilt. In its 
dean and broad streets there are many synagogues, mosques and 
churches, for half the Inhabitants are Roman Catholics, Moslems, 
Armenians or Jews; the remainder being Orthodox Rumans 
and Greeks. In the vicinity there are mineral springs, and the 
sea-bathing also attracts many visitors in summer. The chief 
local industries are tanning and the manufacture of petroleum 
drums. The opening, in 1895, of the railway to Bucharest, 
which crosses the Danube by a bridge at Cerna Voda, brought 
Constantza a considerable transit trade in grain and petroleum, 
which arc largely exported; coal and coke head the list of imports, 
followed by machinery, iron goods, and cotton and woollen 
fabrics. Tht harbour, protected by breakwaters, with a light- 
house at the entrance, is well defended from the north winds, 
but those from the south, south-east, and south-west prove 
sometimes highly dangerous. In 1902 it afforded 10 alongside 
berths for shipping. It had a depth of n ft* in the old or inner 
basin, and of 26 ft. in the new or outer basin, beside the quays. 
The railway runs along the quays. A weekly service between 
Constantsa and Constantinople is conducted by state-owned 



It 

steamers, including the fast maQ and passenger boats in connexion 
with the Ostend and Orient expresses. In 1902, 576 vessels 
entered at Constantsa, with a net registered tonnage of 641,737. 
The Black Sea squadron of the Rumanian fleet is stationed here. 
Constantsa is the Constantiana which was founded in honour 
of Constants, suiter of Constantine the Great (a.d. 274-337). 
It lies at the seaward end of the Great Wall of Trajan, and 
has evidently been surrounded by fortifications of its own. In 
spite of damage done by railway contractors (see Henry C. 
Barkley, Between Ike Danube and the Black Sea, 1876) there are 
considerable remains of ancient masonry— walls, pillars, &c. 
A number of inscriptions found in the town and its vicinity 
show that dose by was TomJ, where the Roman poet Ovid 
(43 B.C.-A.D. 17) spent his last eight years in exile. A statue 
of Ovid stands in the main square of Constantsa. 

In regard to the Constantsa inscriptions in general, see Allan!, 
La Butane oriental* (Paris, 1866); Desjardins in Ann. deU' isftf. 
di cerr. arch. (1868); and a paper on Weickum's collection in 
SUtunisberickt of the Munich Academy (1875). 

CONSTELLATION (from the Lat. constellatus, studded with 
stars; con, with, and Stella, a star), in astronomy, the name given 
to certain groupings of stars. The partition-of the stellar expanse 
into areas characterized by specified stars can be traced back 
to a very remote antiquity. It Is believed that the ultimate 
origin of the constellation figures and names is to be found in 
the corresponding systems in vogue among the primitive civiliza- 
tions of the Euphrates valley — the Sumerians, Accadians and 
Babylonians; that these were carried westward into ancient 
Greece by the Phoenicians, and to the lands of Asia Minor by 
the Hjttites, and that Hellenic culture in its turn introduced 
them into Arabia, Persia and India. From the earliest times 
the star-groups known as constellations, the smaller groups 
(parts of constellations) known as astcrisms, and also individual 
stars, have received names connoting some meteorological 
phenomena, or symbolizing religious or mythological beliefs. 
At one time it was held that the constellation names and myths 
were of Greek origin; this view has now been disproved, and 
an examination of the Hellenic myths associated with the stars 
and star-groups in the light of the records revealed by the 
decipherment of Euphratean cuneiforms leads to the conclusion 
that in many, If not all, cases the Greek myth has a Euphratean 
parallel, and so renders it probable that the Greek constellation 
system and the cognate legends are primarily of Semitic or 
even prc-Semitic origin. 

The origin and development of the grouping of the stars into 
constellations is more a matter of archaeological than of astro- 
nomical interest. It demands a careful study of the myths and 
religious thought of primitive peoples; and the tracing of the 
names from one language to another belongs to comparative 
philology. 

The Sumerians and Accadians, the non-Semitic inhabitants 
of the Euphrates valley prior to the Babylonians, described 
the stars collectively as a " heavenly flock "; the sun was the 
M old sheep "; the seven planets were the " old-sheep stars "; 
the whole of the stars had certain " shepherds, " and Sibtianna 
(which, according to Sayce and Bosanquet, is the modern 
Arcturus, the brightest star in the northern sky) was the " star 
of the shepherds of the heavenly herds.* The Accadians, 
bequeathed their system to the Babylonians, and cuneiform 
tablets and cylinders, boundary stones, and Euphratean art 
generally, point to the existence of a well-defined system of 
star names in their early history. From a detailed study of such 
records, in their nature of rather speculative value, R. Brown, 
junr. (Primitive Constellations , 1809) has compiled a Euphratean 
planisphere, which be regards as the mother of all others. The 
tablets examined range in date from 3000-500 B.C., and hence 
the system must be anterior to the earlier date. Of great im- 
portance is the Creation Legend, a cuneiform compiled from 
older records during the reign of Assur-bani-pal, c. 650 B.C., 
in which there occurs a passage interpretable as pointing to 
the acceptance of 36 constellations: 12 northern, 12 zodiacal 
and 12 southern. These constellations were arranged in three 



xz 



CONSTELLATION 



concentric annuli, the northern ones in an inner annulus sub- 
divided into 60 degrees, the zodiacal ones into a medial annul us of 
120 degrees, and the southern ones into an outer annulus of 240 
degrees. Brown has suggested a correlation of the Euphratean 
names with those of the Greeks and moderns. His results may 
be exhibited in the following form:— the central line gives the 
modern equivalents of the names in the Euphratean zodiac; the 
upper line the modern equivalents of the northern paranateUons; 
and the lower line those of the southern paranateUons. The 
zodiacal constellations have an interest peculiarly their own; 
placed in or about the plane of the ecliptic, their rising and 
setting with the sun was observed with relation to weather 
changes and the more general subject of chronology, the twelve 
subdivisions of the year being correlated with the twelve divisions 
of the ecliptic (see Zodiac). 



latton to weather changes. The earliest Greek work wbkn 
purported to treat the constellations qua constellations, of which 
we have certain knowledge, is the Qarituvaot Eudoxus of Cnidus 
(c. 403-350 B.C.). The original is lost, but a versification by 
Aratus (c. 970 B.C.), a poet at the court of Antigonus Gonatas. 
king of Macedonia, and an 'E^-yifair or commentary by Hippar- 
chus, are extant. In the teu*6fwra of Aratus 44 constellations 
are enumerated, viz. 19 northern: — Ursa major, Ursa minor, 
Bootes, Draco, Cepheus, Cassiopeia, Andromeda, Perseus, 
Triangulum, Pegasus, Delphinus, Auriga, Hercules, Lyra, 
Cygnus, Aquila, Sagitta, Corona and Serpentarius; 13 central 
or zodiacal:*— Aries, Taurus, Gemini, Cancer, Leo, Virgo, Libra, 
Scorpio, Sagittarius, Capricornus, Aquarius, Pisces and the 
Pleiades; and 12 southern: — Orion, Canis, Lepus, Argo, Cetus, 
Ertdanus, Piscis australis, Ara, Centaurus, Hydra, Crater and 



Northers. . 
Sootlxn 


Aries 
Enduus 


Auriga 
Tsanis 
Orion 


CcjAeus 
Cental 
Curb major 


Una rolaor 

Cuxcr 

Affo 


Ummtjar 

Leo 

Hydrs 
CM«r 


BoMtt 
Virgo 

Cvm 


Serpentarius 


Hercules 
Lupoi 


Lyr» 

Ssgiturfau 

An 


AqtrfU 
Cspricornus 

t 


Peguss 

Aquarius 

Pfadt 
•astralis 


AndroBeda 

Pisces 

Cetos 



The Phoenicians— a race dominated by the spirit of com- 
mercial enterprise— appear to have studied the stars more 
especially with respect to their service to navigators; according 
to Homer " the stars were sent by Zeus as portents for mariners." 
But ail their truly astronomical writings are lost, and only by a 
somewhat speculative piecing together of scattered evidences can 
an estimate of their knowledge be formed. The inter-relations 
of the Phoenicians with the early Hellenes were frequent and far- 
reaching, and in the Greek presentation of the legends concerning 
constellations a distinct Phoenician, and in turn Euphratean, 
element appears. One of the earliest examples of Greek literature 
extant, the Tkcogonia of Hesiod (c. 800 B.C.), appears to be a 
curious blending of Hellenic and Phoenician thought. Although 
not an astronomical work, several constellation subjects are 
introduced. In the same author's Works and Days, a treatise 
which is a sort of shepherd's calendar, there arc distinct references 
to the Pleiades, Hyades, Orion, Sirius and Arcturus. It cannot 
be argued, however, that these were the only stars and con- 
stellations named in his time; the omission proves nothing. The 
same is true of the Homeric epics wherein the Pleiades, Hyades, 
Ursa major, Orion and Bootes are mentioned, and also of the 
stars and constellations mentioned In Job. Further support is 
given to the view that, in the main, the constellations were trans- 
mitted to the Greeks by the Phoenicians from Euphratean 
sources in the fact that Thales, the earliest Greek astronomer 
of any note, was of Phoenician descent. According to Calli- 
machus he taught the Greeks to steer bv Ursa minor instead of 
Ursa major; and other astronomical observations are assigned 
to him. But his writings are lost, as is also the case with those of 
Phocus the Samian, and the history of astronomy by Eudemus, 
the pupil of Aristotle; hence the paucity of our knowledge, of 
Thales's astronomical learning. 

From the 6th century B.C. onwards, legends concerning the 
constellation subjects were frequently treated by the historians 
and poets. Aglaosthenes or Agaoslhcnes, an early writer, knew 
Ursa minor as KtwSoovpa, Cynosura, and recorded the transla- 
tion of Aquila; Epimcnides the Cretan (c. 600 B.C.) recorded the 
translation of Capricornus and the star Cape 11a; Pherecydes 
of Athens (c. 500-450 B.C.) recorded the legend of Orion, and 
stated the astronomical fact that when Orion sets Scorpio rises; 
Aeschylus (525-456 B.C.) and Hellanicusof Mytilcne (c. 496-411 
B.C.) narrate the legend of the seven Pleiades— the daughters of 
Atlas; and the latter states that the Hyades are named either 
from their orientation, which resembles u (upsilon), " or because 
at their rising or setting Zeus rains "; and Hecataeus of Miletus 
(c. 470 B.C.) treated the legend of the Hydra. 

In the 5th century B.C. the Athenian astronomer Euctemon, 
according to Geminus of Rhodes, compiled a weather calendar 
in which Aquarius, Aquila, Canis major, Corona, Cygnus, 
Delphinus, Lyra, Orion, Pegasus, Sagitta and the asterisms 
Hyades and Pleiades are mentioned, always, however, in re- 



Corvus. In this enumeration Serpens is included in Serpentarius 
and Lupus in Centaurus; these two constellations were separated 
by Hipparchus and, later, by Ptolemy. On the other hand, 
Aratus kept the Pleiades distinct from Taurus, but Hipparchus 
reduced these stars to an asterism. Aratus was no astronomer, 
while Hipparchus was; and from the fact that the latter adopted, 
with but trifling exceptions, the constellation system portrayed 
by Aratus, it may be concluded that the system was already 
familiar in Greek thought. And three hundred years after 
Hipparchus, the Alexandrian astronomer Ptolemy adopted a 
very similar scheme in his uranomctria, which appears in the 
seventh and eighth books of his Almagest, the catalogue being 
styled the 'EkBwis xawuci} or " accepted version." 

The Almagest has a dual interest: first, being the work of one 
primarilyji commentator, it presents a crystallized epitome of 
all earlier knowledge; and secondly, it has served as a basis of 
subsequent star-catalogues. 1 The Ptolemaic catalogue em* 
braces only those stars which were visible at Rhodes in the time 
of Hipparchus (c. 150 B.C.), the results being corrected for 
precession " by increasing the longitudes by a* 40', and leaving 
the latitudes undisturbed " (Francis Baily, Mem. R.A.S., 1843) 
The names and orientation of the constellations therein adopted 
are, with but few exceptions, identical with those used at the 
present day; and as it cannot be doubted that Ptolemy made 
only very few modifications in the system of Hipparchus, the 
names were adopted at least three centuries before the Almagest 
was compiled. The names in which Ptolemy differs from 
modern usage are:— Hercules (h y6*aoiv), Cygnus fOpns), 
Eridanus (TlZrafJot), Lupus (Qripiov), Pegasus CInrot), Equ ulcus 
("Ittov tpotom^ ), Canis minor (UpoKixav), and Libra (XtjXoI, 
although fvyof is used for the same constellation in other parts 
of the Almagest)- The following table gives the names of the 
constellations as they occur in (1) modern catalogues; (2) 
Ptolemy (a.d. 150); (3) Ulugh Beg (1437); (4) Tycho Brahe 
(1628); the last column gives the English equivalent of the 
modern name. 

The reverence and authority which was accorded the famous 
compilation of the Alexandrian astronomer is well evidenced by 
the catalogue of the Tatar Ulugh Beg, the Arabian names there 
adopted being equivalent to the Ptolemaic names in nearly 
every case; this is also shown in the Latin translations given 
below. Tycho Brahe, when compiling his catalogue of stars, 
was unable to observe Lupus, Ara, Corona australis and Piscis 
australis, on account of the latitude of Uranienburg; and hence 
these constellations are omitted from his catalogue. He diverged 
from Ptolemy when he placed the asterisms Coma Berenices and 
Antinous upon the level of formal constellations, Ptolemy having 

•The historical development of star<ataloguet in general, re- 
garded as statistics of the co-ordinates, Ac-, of stars, is given in the 
historical section of the ankle Astxonomy. See also E. B. Knobet, 
" Chronology of Star Catalogues." Mem. RA.S.iiZjj). 



CONSTELLATION 



Plate I. 




Constellations of the Northern Hemisphere. 



Plate II. 



CONSTELLATION 




Constellations of the Southern Hemisphere. 



CONSTELLATION 





Modern. 


Ptolemy. 


Ulugfc Beg. 


Tycho Brahe. 


M< 


Ursa minar 


"Apcrov jiupit &<rrtpi#t*tn 


StelUe Ursi roinoris 


Ursa minor, Cynosura 
Ursa major, Helice 


Little 




Ursa major 


"Aptrov nni^V « 


„ Ursi majoris 


Great 




Draco 


ApAxorrof M 


„ Draconis 


Draco 


Dragc 
Cephi 




Cepheus 


KiT^ctft ,, ' 


„ Cephei 


Cepheus 


-i. 


Bootes 




„ Vociferatons 


Bootes, Arctophylax 


Ploug 
North 


r^ 


Corona borealis 


£r«+*Mxi /bp«Isw „ 


,, Corooae or Phecca 


Corona borea 


"^ 


Hercules 


Tow ir yto**i9 . „ 


„ Incumbentis genubus 


Engonasi, Hercules 


Man! 


e 
o 


Lyra 


Al/pat „ 


„ rovShclyakorTestudo 


Lyra, Vultur cadens 


fa"? 




Cygnus 


a)/jpcAh ,, 


n Gallinae 


Olor, Cygnus 


Bird, 


3 


Cassiopeia 


KoanmlM M 


„ Inthronatae 


Cassiopeia 


Cassi< 


u> 


Perseus 


D«p<rkx „ 


„ Bershaush or Portans 


Perseus 


Persei 


c' 






Caput Larvae 






3 


Auriga 


'HnAxof it 


„ Tenentis habenas 


Auriga, Hcniocmis, Erichthonius 


Chari< 


c 


Serpen tari us 


'0*«o*x<" „ 


„ Scrpentarii 


Ophiuchvs, Serpenurius 
Serpens ophiucbi 


Serpei 


& 


Serpens 


*Ofitm i#¥*V» . t* 


„ Serpentia 


Serpei 


"£ 


Sagttta 


'Orrow „ 


„ Sagittae 


Sagitta or Telum 


Arrow 


& 


Aquila 


'Amtou n 


„ Aquilae 


Aquila or. Vultur volans 


Eagle 
Dolph 


Z 


Delphinus 


A«X$Tw>t l( 


„ Delphlrri 


Delphinus 




Equuclus 
Pegasus 


"It*w irporopfr t » 
"Irrov „ 


„ SectionU eaui 
„ Equt majoris 


Equubus, Equi sectio 
Pegasus. Equus alatua 


Colt 
Pegasi 




Andromeda 


AJw/MyiMflf n 


„ M ulieria catenatae 


Andromeda 


Andre 


■jj» 


Triangulum 


T<H>wro« „ 


„ Trianguli 


Triangulus, Deltoton 


Trianj 


Aries 


KptoC 


„ Arietis 


Aries 


Ram 


"-» 


Taurus 


Toi-pau 


n Tauri 


Taurus 


Bull 


c 


Gemini 


Atttttt* „ 


„ CemeUorum 


Gemini 


Twins 





Cancer 


Kap«u«v 


„ Cancri 


Cancer 


Crab 


jl 


Leo 


Aforrof „ 


„ Leonis 


Leo 


Lion 


*»_ 


Virgo 


TLapQkvov „ 


„ Virginis, Sumbela 


Virga 


Virgin 


3 ' 


Libra 


Xi|Xfir „ 


„ Librae 


Libra 


Balaro 


8 


Scorpio 


Z*opriov „ 


„ Scorpionis 


Scorphis 


Scorpi 


Sagittarius 


Teeorov „ 


„ Sagittarii, Arcum 


Sagittarius 


Archei 


"3 


Capricontus 


Al-)-A«p&mn „ 


„ Capricorni 

„ Eflusoris aquae, Situla 


Capricornus. 


Goat 


Aquarius 


"Ibpnxbav „ 


Aquarius 


Water 


1 


Pieces 


1x««» 


„ Piscis 


Pisces 


Fished 


Ceius 


K««*s 


n Ccti 


Cete 


Sca-m 
Wh; 


"35 


Orion 


*Qp(opof , r 


„ Gigantis 


Orion 


Orion 


'*' 


Eridanus 


DorajioO „ 


it Fluminis 


Eridanus fluvius 


River 


c 


Lepus 


A«>voO „ 


„ Leporis 


Lepus 


Hare 


•2 


Canis major 


Kv»dt „ 


„ Cams majoris 


Canis major 


Great 


_2 


Canis minor 


Dpo«v»4f „ 


„ Canis minoris 


Canis minor, Procyon 


Little 


"S 


Argo 


'A/ryovr it 


„ Navis 


Argo navis 


Ship 


e 


Hydra 


Ttpov „ 


„ Hydri 


Hydra 


Sea-se 


8 


Crater 


Kparfrof „ 


„ Craterae 


Crater 


Bowl 


e 


Corvus 


Kipawn „ 


„ Corvi 


Corvus 


Crow 


| 


Centaurus 


Ktrroipow „ 


„ Centauri 


Centaurus, Chiron 


Ccnta 


Lupus 


Oijpiou „ 


.. Ferae 




Wildl 


3 


Ari 


GupuOTiPfov „ 


„ Thuribuli 




Censei 


J* 


Corona australis 


Zrt^uw rortatt 


„ Coronae australis 




South) 




Piscis australis 


'Ix&voi roriov „ 


„ Piscis australis 




M 



regarded these asterisms as unformed stars (&M6p0wrot). The 
next innovator of moment was Johann Bayer, a German astro- 
nomer, who published a Uranometric in 1603, in which twelve 
constellations, all in the southern hemisphere, were added to 
Ptolemy's forty-eight, viz. Apis (or Musca) (Bee), Avis Indica 
(Bird of Paradise), Chameleon, Dorado (Sword-fish), Grus 
(Crane), Hydrus (Water-snake), Indus (Indian), Pavo (Peacock), 
Phoenix, Piscis volans (Flying fish), Toucan, Triangulum 
australe. According to W. Lynn {Observatory, 1886, p. 255), 
Bayer adapted this part of his catalogue from the observations 
of the Dutch navigator Petrus Theodori (or Pieter Dirchsz 
Keyser), who died in 1506 off Java. The Codum stellatum 
Ckristicnum of Julius Schiller (1627) is noteworthy for the 
attempt made to replace the names connoting mythological and 
pagan ideas by the names of apostles, saints, popes, bishops, and 
other dignitaries of the church, &c. Aries became St Peter; 
Taurus, St Andrew; Andromeda, the Holy Sepulchre; Lyra, 
the Manger; Canis major, David; and so on. This innovation 
(with which the introduction of the twelve apostles into the solar 
zodiac by the Venerable Bede may be compared) was short- 
lived. According to Charles Hutton [Math. Diet. i. 338(1795)) 
the editions published in 1654 and 1661 had reverted to the 
Greek names; on the other hand, Camille Flammarion {Popular 
Astronomy, p. 375) quotes an illuminated folio of x66i, which 
represents " the sky delivered from pagans and peopled with 
Christians." A similar confusion was attempted by E. Weigelius, 
who sought to introduce a Codum htroldicum, in which the 



constellations were figured as the arms or insignia 
dynasties, and by symbols of commerce. 

In Edmund Halley's southern catalogue {Catalogs 
australium), published in 1670 and incorporated in \ 
Historic codestis (1725), the following constell 
named:— -Piscis australis, Columba Noachi, Argo m 
Caroli, Ara, Corona australis, Grus, Phoenix, Pavo, A 
Indica, Musca apis, Chameleon, Triangulum aust 
volans, Dorado or Xiphias, Toucan or Anser Amer 
Hydrus. Flamsteed's maps also contained Mor 
This list contains nothing new except Robur C 
Columba Noachi (Noah's dove) had been raised to 1 
Bartschius in 1624. The constellation Robur Can 
the star Cor Caroli (a Canum Venaticoruxn) were 
Halley in honour of Charles II. of England. 

In 1600 two posthumous works of Johann. Hevc 
1687), the Firmamentum sobiescianum and Prodron 
mice, added several new constellations to the list, 
venatid (the Greyhounds), Lacerta (the Lizard), 
(Little Lion), Lynx, Sextans Uraniae, Scutum < 
Sobieskii (the shield of Sobieski), Vulpecula et Ans< 
Goose), Cerberus, Camelopardus (Giraffe), and 
(Unicorn); the last two were originally due to Ja< 
scbius. In 1679 Augustine Royer introduced the most 
of the constellations of the southern hemisphere 
australis or Southern Cross. He also suggested N 
Nubes. minor, and Lilium, and re-named Canes venat 



C»NSTIPAnON— CONSTITUTION 



Jordan, and Vulpecula et Anser the river Tigris, but these 
innovations met with no approval The Magellanic douds, a 
collection of nebulae, stars and star-dusters in the neighbourhood 
of the south pole, were so named by Hevelius in honour of the 
navigator Ferdinand Magellan. 

Many other star-groupings have been proposed from time to 
time; in some cases a separate name has been given to a part 
of an authoritatively accepted constellation, e.g. Ensis Ononis, 
the sword of Orion,or an ancient constellation may be subdivided, 
«.{* Argo (ship) into Argo, Malus (mast), Vela (sails), Puppis 
(stern), Carina (keel); and whereas some of the rearrangements, 
which have been mostly confined to the southern hemisphere, 
have been accepted, many,reflecting nothing but idiosyncrasies of 
the proposers, have deservedly dropped into oblivion. Nicolas 
Louis de Lacaille, who 'made extended observations of the 
southern stars in 1751 and in the following years, and whose 
results were embodied in his posthumous Coelum austral* 
sUUifenm (1763), introduced the following new constellations.* — 
Apparatus sculptoris (Sculptor's workshop), Fornax chemica 
(Chemical furnace), Horologium (Clock), Rcticulus rhomboidalis 
(Rhomboidal net), Caela sculptoris (Sculptor's chisels), Equuleus 
pictoris (Painter's easd), Pyxis nautica (Mariner's compass), 
Antlia pneumatica (Air pump), Octans (Octant), Circinus (Com- 
passes), Norma alias Quadra Euclidis (Square), Telescopium 
(Telescope), Mkroscopium (Microscope) and Mons Mensae 
(Table Mountain). Pierre Charles Lemonnier in 1776 intro- 
duced Tarandus (Reindeer), and Solitarius; J. J. L. de Lalande 
introduced Le Messier (after the astronomer Charles Messier) 
(1776), Quadrans muralis (Mural quadrant) (1705), Globus 
aerostaticus (Air balloon) (1708), and Felis (the Cat) (1799). 
Martin Poczobut introduced in 1777 Taurus Poniatovskii; 
Bode introduced the Honores Frederid (Honours of Frederick) 
(1786), Telescopium Herschelii (Telescope of Herschel) (1787), 
Machina electrica (Electrical machine) (1790), Ofndna typo- 
graphic* (Printing press) (1709), and Lochram funis (Log line); 
and M. Hell formed the Psalterium Georgianum (George's lute). 

The following list gives the names of the constellations now 
usually employed: they are divided into three groups: — north 
of the zodiac, in the zodiac, south of the zodiac Those marked 
with an asterisk have separate articles. 

Northern 6$). 



•Andromeda 


•Cepbeus •Hercules 


Pegasus 


•Aquila 


•Coma Berenices Laceita 


•Perseus 


•Auriga 


•Corona borealis *Leo minor 


•Sagitta 


•BoOtes 


•Cyanus Lynx. 
•Delphinus *Lyra 


Serpens 


Camelopardus 


Triangulum 


•Canes venatid 


Draco < Ophiucbus 
Equuleus \ •SerpenUrius 


•Ursa major 


•Cassiopeia 


•Ursa minor 






•Vulpecula et Anser 




Zodiacal (12). 




•Aquarius 


•Capricornus •Libra 


•Scorpio 


•Anes 


•Gemini *Pisces 


Taurus 


•Cancer 


•Leo •Sagittarius 
Southern (49)- 


•Virgo. 


Antlia (pneumatica) 


Corona australis Lepua 


Pictor (Equuleus pictoris) 


Apus 


Corvus Lupus 


Pisris australis 


♦Ara 


Crater Malus 


Puppis 


Argo 


Crux Mons Mensae 


Recticuhim 


Caela sculptoris 






(Caelum) 






•Cards major 


Dorado Microscopium 


Sculptor (Apparatus. sculptoris) 
Scutum Sobicskii 


Canis minor 


•Eridanus Monoecros 


Sextans 


Carina 


Fornax chemica Musca australis 


Tdoscopium 


•Centaurus 


Grus m Norma 


Toucan 


•Cetus 


Horologium Octans 


Triangulum australe 


Chamdcon 


♦Hydra *Orion 


Vela 


Cirdnus 


Hydrus Pavo 


Volans (Pisds volans) 


Columba Noachi 


Indus Phoenix 


(C.E.*) 



CONSTIPATION (from Lat. constipate, to press dosely to- 
gether, whence also the adjective " costive "), the condition of 
body when the faeces are unduly retained, or there is difficulty in 
evacuation, tightness of the bowels (see Digestive Organs; and 
Therapeutics). It may be due to constitutional peculiarities, 
sedentary or irregular habits, improper diet, &c The treatment 



varies with individual cases, according to the cause at work, 
laxat ives, dietin g, massage,. Ac, being prescribed. 

CONOTITUKNCT (from "constituent," that which forms a 
necessary part of a thing; Lat. consHtucre, to create), a political 
term for the body of dectors who choose a representative for 
parliament or for any other public assembly, for the place or 
district possessing the right to elect a representative, and for 
the residents generally, apart from their voting powers, in such 
a locality, lie term is also applied, in a transferred sense, to 
the readers of a particular newspaper, the customers of a business 
and the like. 

CONSTITUTION AMD CONSTITUTIONAL LAW. The word 
constitution (constilutio) in the time of the Roman empire 
signified a collection of laws or ordinances made by the emperor. 
We find the word used in the same sense .in the early history of 
English law, e.g. the Constitutions of Clarendon. In its modern 
use constitution has been restricted to those rules which concern 
the political structure of society. If we take the accepted 
definition of a law as a command imposed by a sovereign on the 
subject, the constitution would consist of the rules which point 
out where the sovereign is to be found, the form in which his 
powers are exercised, and the relations of the different members 
of the sovereign body to each other where it consists of more 
persons than one. In every independent political society, it 
is assumed by these definitions, there will be found somewhere 
or other a sovereign, whether that sovereign be a single person, 
or a body of persons, or several bodies of persons.. The com- 
mands imposed by the sovereign person or body on the rest of 
the society are positive laws, properly so called. The sovereign 
body not only makes laws, but has two other leading functions, 
viz. those of judicature and administration. Legislation is 
for the most part performed directly by the sovereign body 
itself; judicature and administration, for the most part, by 
delegates. The constitution of a society, accordingly, would 
show how the sovereign body is composed, and what are the 
relations of its members inter se, and how the sovereign functions 
of legislation, judicature and administration are exercised. 
Constitutional law consists of the rules relating to these subjects, 
and these rules may other be laws properly so called, or they 
may not— ».«. they may or may not be commands imposed by 
the sovereign body itself. The 
English constitutional rule, for 
example, that the king and 
parliament are the sovereign, 
cannot be called a law; for a 
lawpresupposes the fact which it 
asserts. And other rules, which 
are constantly observed in prac- 
tice, but haveneverbeenenacted 
by the sovereign power, are in 
the same way constitutional laws 
which are not laws. It is an 
undoubted rule of the Kn g lfc h 
constitution that the king shall 
not refuse his assent to a bill 
which has passed both Houses 
of Parliament,but his certainly 
not a law. Should the king veto 
such a bill his action would be 
unconstitutional,but not ulegaL 
On the other hand the rules re- 
latingto the ekctionof members 
to the House of Commons are 
nearly all positive laws strictly 
so called. Constitutional law, 
. as the phrase is commonly used, 
would indude all the laws dealing with the sovereign body in the 
exercise of its various functions, and all the rules, not being 
laws properly so called, relating to the same subject.- 

The above is an attempt to indicate the meaning of the 
phrases in their stricter or more technical uses. Some wider 
meanings may be noticed. In the phrase constitutional 



CONSTITUTION 



*$ 



government, a hum of government based on certain principles 
which may roughly be called popular is the leading idea. Great 
Britain, Switzerland, the United States, are all constitutional 
governments in this 6ense of the word. A country where a large 
portion of the people has some considerable share in the supreme 
power would be a constitutional country. On the other hand, 
constitutional, as applied to governments, may mean stable as 
opposed to unstable and anarchic societies. Again, as a term 
of party politics, constitutional has come to mean, in England, 
not obedience to constitutional rules as above described, but 
adherence to the existing type of the constitution or to some 
conspicuous portions thereof, — in other words, conservative. 

The ideas associated with constitution and constitutionalism 
are thus, it will be seen, mainly of modern and European origin. 
They are wholly inapplicable to the primitive and simple societies 
of the present or of the former times. The discussion of forms 
of government occupies a large space in the writings of the Greek 
philosophers,— a fact which is to be explained by the existence 
among the Greeks of many independent political communities, 
variously organized, and more or less democratic in character. 
Between the political problems of the smaller societies and those 
of the great European nations there is no useful parallel to be 
drawn, although the predominance of classical learning made 
it the fashion for a long time to apply Greek speculations on the 
nature of monarchy, aristocracy, and democracy to public 
questions in modem Europe. Representation (9.9.), the char- 
acteristic principle of European constitutions, has, of course, 
no place in societies which were not too large to admit of every 
free citizen participating personally in the business of govern- 
ment. Nor is there much in the politics or the political literature 
of the Romans to compare with the constitutions of modem 
states. Their political system, almost from the beginning of 
empire, was ruled absolutely by a small assembly or by one man. 

The impetus to constitutional government in modem times 
has to a large extent come from England, and it is from English 
politics that the phrase and its associations have been borrowed. 
England has offered to the world the one conspicuous example 
of a long, continuous, and orderly development of political 
institutions. The early date at which the principle of self- 
government was established in England, the steady growth of 
the principle, the absence of civil dissension, and the preservation 
in the midst of change of so much of the old organization, have 
given its constitution a great influence over the ideas of politicians 
in other countries. This fact is expressed in the proverbial 
phrase — " England is the mother of parliaments." It would 
not be difficult to show that the leading features of the constitu- 
tions now established in other nations have been based, on, 
or defended by, considerations arising from the political history 
of England 

In one important respect England differs conspicuously 
from most other countries. Her constitution is to a large extent 
m*?eriUen t using the word in much the same sense as when we 
speak of unwritten law. Its rules can be found in no written 
document, but depend, as so much of English law does, on 
precedent modified by a constant process of interpretation. 
Many rules of the constitution have in fact a purely legal history, 
that is to say, they have been developed by the. law courts, 
as part of the general body of the common law. Others have in a 
similar way been developed by the practice of parliament. Both 
Houses, in fact, have exhibited the same spirit of adherence to 
precedent, coupled with a power of modifying precedent to 
suit circumstances, which distinguishes the judicial tribunals. 
In a constitutional crisis the House of Commons appoints a 
committee to " search its journals for precedents," just as the 
court of king's bench would examine the records of its own 
decisions. And just as the law, while professing to remain the 
same, is in process of constant change, so, too, the unwritten 
constitution is, without any acknowledgment of tfee fact, con- 
stantly taking up new ground. 

In contrast with the mobility of an unwritten constitution 
b the fixity of a constitution written out, like that of the United 
Stales or Switzerland, in one authoritative code. The constitu- 



tion of the United States, drawn up at Philadelphia fa 1787, 
it "contained in a code of articles. It was ratified separately 
by each state, and thenceforward became the positive .and 
exclusive statement of the constitution. The legislative powers 
of the legislature are not to extend to certain kinds of mils, e.g. 
tx posljacto bills; the president has a veto which can only be 
overcome by a. majority of two-thirds in both Houses; the con- 
stitution itself can only be changed in any particular by the con- 
sent of the legislatures or conventions of three-fourths of the 
several states; and finally the judges of the Supreme Court are 
to decide in all disputed cases whether an act of the legislature 
is permitted by the constitution or not. 

The constitution of the United States ja the supreme law of 
the land as to the matters which it embraces. The constitution 
of each state is the supreme law of the state, except so far as it 
may be controlled by the constitution of the United States. 
Every statute in conflict with the constitution to which it is 
subordinate is void so far as this conflict extends. If it concerns 
only a distinct and separable part of the statute, that part only 
is void. Every court before which a statutory right or defence 
is asserted has the power to inquire whether the statute in 
question is or is not in conflict with the paramount constitution. 
This power belongs ey en to a justice- of the peace in trying a 
cause. He sits to administer the law, and it is for him to deter- 
mine what is the law. Inferior .courts commonly decline to hold 
a statute unconstitutional, even if there may appear to be 
substantial grounds for such a decision. The presumption is 
always in favour of the validity of the law, and they generally 
prefer to leave the responsibility of declaring it void to the higher 
courts. , 

The judges of the state courts are bound by their oath of office. 
to support the constitution of the United States. They have an 
equal right with those of the United States to determine whether 
or how far jt affects any matter brought in question in any 
action. So, vice versa, the judge* of the United States courts, 
if the point comes up on a trial before them, have the right to 
determine whether or how far the constitution of a state in- 
validates a statute of the state. They, however, are ordinarily 
bound to follow the views of the state courts on such a question. 
They are not bound by any decision of a state court as to the 
effect of the constitution of the United States on a state statute 
or any other matter. This judicial power of declaring a statute 
void because unconstitutional has been not infrequently exercised, 
from the time when the first state constitutions were adopted. 

Juries in criminal causes are sometimes made by American 
statutes or recognised by American practice as judges of the law 
as well as the fact. The better opinion is that this does not 
make them judges of whether a law on which the prosecution 
rests violates the paramount constitution and is therefore void 
(UmUd States v. CaUender, Wharton's Stalt TrioU, 688; StaU v. 
Main, 60 Connecticut Reports, 123, 128). 

If a state court decides a point of constitutional law, set up 
under the constitution of the United States, against the party 
relying upon it, and this decision is affirmed by the state court 
of last resort, he may sue out a writ of error, and so bring his 
case before the Supreme Court of the United States. If the 
state decision be in his favour, the other side cannot resort to 
like proceedings. 

A decree of the Supreme Court of the United States on a point 
of construction arising under the constitution of the United 
States settles it for all courts, state and national 

The salient characteristic of the United States constitution is, 
perhaps, its formidable apparatus of provisions against change i 
and, in fact, only 15 constitutional amendments bad been adopted 
from 1789 up to 1900, the last being in 187a In the same period 
. the unwritten constitution of England has made a most marked 
advance, chieflyin the direction of democratizing the monarchy, 
and diminishing the powers of the House of Lords. The House 
of Commons has continuously asserted its legislative predomin- 
ance, and has reduced the other House to the position of a 
revising chamber, which in the last resort, however, can produce 
a legislative deadlock, subject to the results of a new general 



i6 



"CONSTITUTION OF ATHENS* 



election (tee Parliament). And the cabinet, which depends on 
the support of the House of Commons, has become more and 
more the executive council of the realm. One conspicuous 
feature of the English constitution, by which it is broadly dis- 
tinguished from written or artificial constitutions, is the presence 
throughout its entire extent of legal fictions. The influence, of 
the lawyers on the progress of the. constitution has already been 
noticed, and is nowhere more clearly shown than in this peculiarity 
of its structure. As in the common law, so in the constitution, 
change has been effected in substance without any corresponding 
change in terminology. There is hardly one of the phrases used to 
describe the position of the crown which can be understood in its 
literal sense, and many of them are currently accepted in more 
senses than one. The American constitution of 1 789 reproduced, 
however, in essentials, and with necessary modifications, the 
contemporary British model, and, where it did so, has preserved 
the old conception of what was then the British system of 
government. The position and powers of the president were 
a fair counterpart of the royal prerogative of that day; the 
two houses of Congress corresponded sufficiently well to the 
House of Lords and the House of Commons, allowing for the 
absence of the elements of hereditary rank and territorial in- 
fluence. While the English constitution has changed much, the 
American constitution has changed very little in these respects. 
Allowing for the more democratic character of the constituencies, 
the organization of the supreme power in the United States is 
nearer the English type of the x8th century— is, in fact, less 
elastic than in the United Kingdom. 

On the other hand, it is not uncommon to misinterpret the 
rigidity of the United States constitution, from a regard rather 
to the theory which its text suggests than to the practical 
working of the machine. For the letter of the constitution has 
to some extent been modified, if not technically amended, in 
various respects by judicial interpretation, and by use and wont 
(e.g. as regards the election of the president). This side of the 
matter may be studied in C. G. Tiedeman's work dted below. 
Moreover, even in respect of the 18th-century British character 
attaching to the constitution, as drawn up in 1787, it has to be 
remembered that this was not taken direct from England. As 
several American constitutional historians have elaborately 
shown {e.g. A. C. McLaughlin, in The Confederation and ike 
Constitution, 1005), the English idea had already been developed 
in various directions during the preceding colonial period, and 
the .constitution really represented the English constitutional 
usage as known in America, into which the Philadelphia con- 
vention introduced new features corresponding to the prevailing 
civil conditions or suggested by English analogy. It is important 
to emphasize this point, since the resemblance of the American 
constitution of 1780 to the contemporary English constitution 
has sometimes been exaggerated; but the fact' remains that the 
written constitution has been less susceptible of development 
than the unwritten. 

Between England and some other constitutional countries a 
difference of much constitutional importance is to be found in 
the terms on which the component parts of the Country were 
brought together. All great societies, have been produced by 
the aggregation of small societies into larger and larger groups. 
In England the process of consolidation was completed before 
the constitution settled down into its present form. In the 
United States, on the other hand, in Switzerland, and in Germany 
the constitution is in form an alliance among a number of 
separate states, each of which may have a constitution and 
laws of its own for local purposes. In federal governments it 
remains a question how far the independence of individual 
states has been sacrificed by submission to a constitution. In 
the United States constitutional progress is hampered by the 
necessity thus created of having every amendment ratified by 
the separate vote of three-fourths of the states. 

See also Government; Sovereignty; Cabinet; Prerogative, 
ftc., and the section on Government or Constitution in the articles 
on the various countries. The standard work on the English con- 
stitution is Sir William Anson's Law and Custom of the Constitution 
(1st ed. 1886; 3rd ed. 1909); tee also A. L. Lowell, The Government 



t. Jib English Constitution', S. Low, 
904); a7v. Dicey, The Lew of the 
V. Stubbs, Constitutional History of 
History of the English Constitution 
The English Constitution (New York, 
ional Lam of England (1905); F. W. 
nr of England (1908); G. B. Adams 
Documents of English Constitutional 
ir America, see C. E. Stevens, Sources 
States (London and New York, 1894) ; 
tary of the United States (2 vols., New 
ey, General Principles of Constitutional 
Dston. 1880; 3rd ed. 1898); S. G. 
lion of the United States (Philadelphia, 

Constitutional Lam (2 vols., Boston, 
%ys on the Constitutional History of the 

Period. iffS-Wto (Boston, 1889): 
'onstituUon %n the Federal Contention 
nd C. G. Tiedeman, Unwritten Cou~ 
ew York, 1890). Also A. L. Lowell, 
inental Europe (a vols., 1896); W. F. 
2 vols., Chicago, 1909), a collec- 
if twenty-two of the most important 



* CONSTITUTION OF ATHENS " ( % h0nyalu» vokirda), a work 
attributed to the philosopher Aristotle (384-32* B.C.), forming 
one of a series of Constitutions (toKithou), 158 in number, which 
treated of the institutions of the various states in the Greek 
world. It was extant until the 7th century of our era, or to an 
even later date, but was subsequently lost. A copy of this 
treatise, written in four different hands upon four rolls of papyrus, 
and dating from the end of the xst century aj>., was discovered 
in Egypt, and acquired by the trustees of the British Museum, 
for whom it was edited by F. G. Kenyon, assistant in the manu- 
script department, and published in January 1891. Some very 
imperfect fragments of another copy had been acquired by the 
Egyptian Museum at Berlin, and were published in 1880. 

Author ski p.— It may be regarded as now established that the 
treatise discovered in Egypt is identical with the work upon the 
constitution of Athens that passed in antiquity under the name of 
Aristotle. The evidence derived from a comparison of the 
British Museum papyrus with the quotations from the lost work 
of Aristotle's which are found in scholiasts and grammarians is 
conclusive. Of fifty-eight quotations from Aristotle's work, fifty- 
five occur in the papyrus. Of thirty-three quotations from 
Aristotle, which relate to matters connected with the con- 
stitution, or the constitutional history of Athens, although 
they are not expressly referred to the *A9npoiu)» voXtrela, 
twenty-three are found in the papyrus. Of those not found 
in the papyrus, the majority appear to have come cither 
from the beginning of the treatise, which is wanting in the 
papyrus, or from the latter portion of it, which is mutilated. 
The coincidence, therefore, is as nearly as possible complete. 
It may also be regarded as established by internal evidence that 
the treatise was composed during the interval between Aristotle's 
return to Athens in 335 B.C. and his death in 322. There are two 
passages which give us the latter year as the terminus ad qucm, 
viz. c. 42. 1 and c. 62. 2. In the former passage the democracy 
which is about to be described is spoken of as the " present 
constitution " (^ vdv KaiaoTOOtt rrjs iroXxret'a*)- The democratic 
constitution was abolished, and a timocracy established, on the 
surrender of Athens to Antipater, at the end of the Lamian War, 
in the autumn of 322. At the same time Samos was lost; it is 
still reckoned, however, among the Athenian possessions in the 
latter passage. On the other hand, the foreign possessions 
of Athens are limited to Lemnos, Imbros, Scyros, Dclos and 
Samos. This could only apply to the period after Chacronca 
(338 B.C.). In c. 61. x, again, mention is made of a special 
Strategus hri rds ov miopias; but it can be proved from inscrip- 
tions that down to the year 334 the generals were collectively con- 
cerned with the symmories. Finally, in c. 54. 7 an event is dated 
by the archonship of Cepm'sophon (329). We thus get the 
years 329 and 322 as fixing the limits of the period to which the 
composition of the work must be assigned It follows that, 
whether it is by Aristotle or not, its date is later than that of the 
Politics, in which there is rt6 reference to any event subsequent 
to the death of Philip in 336. 



•CONSTITUTION OF ATHENS* 



«7 



Hie only question*- is to authorship that can fairly be raised 
is the question whether it is by Aristotle or by a pupil; ut. as to 
the sense in which it is " Aristotelian.' 1 Th? argument on the 
two sides may be summarized as follows: — - 

Against.— (i.) The occurrence of non-Aristotelian words and 
phrases and the absence of turns of expression characteristic of 
the undisputed writings of Aristotle, (ii.) The occurrence of 
statements contradictory of views found in the Politics; e.g. 
c 4 (Constitution of Draco) compared with Pol. 1*74 b 15 
(Apeaorror fopot pfcr eta, eoXcrcia 6' faapxofof to&s 
ripM lA-per); c 8. 1 (the archons appointed by lot out of 
selected candidates) compared with iW. 1274 a 17, and 1*81 
b 31 (the archons elected by the demos); c 17. 1 (total length of 
Peisistratus' reign, 19 years) compared with Pol. 1315 b 32 
(total length, 17 years)- c 21. 6 (Ckusthencs left the dan and 
pantries unaltered) compared with Pol. 13x0 b 20 (Cleisthenes 
increased the number of the phra tries); c. 21. a and 4 compared 
with Pol. 1275 b 37 (different views as to the class admitted 
to citizenship by Cleisthenes). It will be observed that the 
instances quoted relate to the most famous names in the early 
history of Athens, viz. Draco, Solon, Peisistratus and Cleisthenes. 
(oT) Arguments drawn from the style, composition and general 
character of the work, which are alleged to be unworthy of the 
author of the undoubtedly genuine writings. There is no sense 
of proportion (contrast the space devoted to Peisistratus and his 
sons, or to the Four Hundred and the Thirty, with the inadequate 
treatment of the period between the Persian and Peloponnesian 
Wars); there is a lack of historical insight and an uncritical 
acceptance of erroneous views; and the anecdotic element is 
unduly prominent. These considerations led several of the earlier 
critics to deny the Aristotelian authorship, e.g. the editors of the 
Dutch edition of the text, van Herwerden and van Leeuwen; 
Ruhl, Cauer and Schvarcz in Germany; H. Richards and others 

in lypgiandr 

For. — (L) The consensus of antiquity. Every Ancient writer 
who mentions the Constitution attributes it to Aristotle, while no 
writer is known to have questioned its genuineness. (H.) The 
coincidence of the date assigned to its composition on internal 
grounds with the date of Aristotle's second residence in Athens, 
(tii.) Parallelisms of thought or expression with passages in the 
Politics; «.{. c. x6. a and 3 compared with Pok 1318 b 14 and 
15x9 a 30; the general view of Solon's legislation compared with 
PoL 1296 b x; c 27. 3 compared with Pol. 1274 a 9. To 
argument (L) against the authorship, it is replied that the 
Constitution is an historical work, intended for popular use; 
differences in style and terminology from those of a philosophical 
treatise, such as the Politics, are to be expected. To argument 
(a.) it is replied that, as the Constitution is a later work than the 
Politics, a change of view upon particular points is not surprising. 
These consi der ations have led the great majority of writers upon 
the subject to attribute the work to Aristotle himself. On this 
ode are found Kenyon and Sandys among English scholars, and 
in Germany, Wilamowitz, Blass, Gilbert, Bauer, Bruno Keil, 
BusoU, E. Meyer, and many others. On the whole, it can hardly 
be doubted that the view which is supported by so great a weight 
cf authority is the correct one. The arguments advanced on the 
other side are not to be lightly set aside, but they can scarcely 
outweigh the combination of external and internal evidence in 
favour of the attribution to Aristotle. An attentive study of the 
parallel passages in the Politics will go a long way towards 
carrying conviction. It is true that a series such as the Constitu- 
tions might well be entrusted to pupils working under the direc- 
tion of their master. It is also true, however, that the 
Constitution of Athens must have been incomparably the most 
important of the series and the one that would be most naturally 
reserved for the master's hand. There are no traces in the 
treatise cither of variety of authorship or of. incompleteness, 
though there are evidences of interpolation. 

Contents.— The treatise consists of two parts, one historical, 
aod the other descriptive. The first forty-one chapters compose 
the former part, the remainder of the work the latter. The first 
Dart comprised an account of the original constitution of Athens, 



and of the eleven changes through which it successively passed 
(see c. 4 1). The papyrus, however, is imperfect at the beginning 
(the manuscript from which it was copied appears to have been 
similarly defective), the text commencing in the middle of a 
sentence which relates to the trial and banishment of the 
Alcmeonidae for their part in the affair of Cylon. The missing 
chapters must have contained a sketch of the original constitu- 
tion, and of the changes introduced in the time of Ion and 
Theseus. 

The following is an abstract of Part I. in its present form. 
Chapters 2,3, description of the constitution before the time of Draco. 
4, Draco's constitution.' 5-12, reforms of Solon. 13, party feuds 
after the legislation of Solon. 14-19, the rule of Peisistratus and his 
sons, to, ax, the reforms of Cleisthenes. 22, changes introduced 
between Cleisthenes aod the invasion of Xerxes. 23, 24, the supre- 
macy of the Areopagus, 479-461 B.C. 2< t its overthrow by Ephialtes. 
26, 27, changes introduced in the time 01 Perides, aS,thenseofthe 
demagogues. 20-33* the revolution of the Four Hundred. 34-40* 
the government of the Thirty. 41, list of the successive changes in 
the constitution. It may be noted that the reforms of Solon, the 
tyranny of Peisistratus and his sons, and the revolutions of the Four 
Hundred and the Thirty, together occupy considerably more than 
two-thirds of Part 1. 

Part II. describes th< 
the composition of the 
account of the conditio 
obhebi (citizens betweei 
the functions of the Co 
concert with it are desc 
appointed by lot, of wh< 
to whose functions five 
officers, who come urn 
subject of c 61. With 
wrach occupied! the rei 
with the exception of c 
mutilated condition of t 
written. It will thus b 
treatment in Part 11. 1 
courts. The Ecclesia, < 
in connexion with the t 

Sources. — The labou 
Bruno Keil and Wilamowitz, have rendered it comparatively 
easy to form a general estimate of Aristotle's indebtedness to 
previous writers, although problems of great difficulty are 
encountered as. soon as it is attempted to determine the precise 
sources from which the historical part of the work is derived. 
Among these sources are unquestionably Herodotus (for the 
tyranny of Peisistratus, and for the struggle between Cleisthenes 
and Isagoras), Thucydidcs (for the episode of Harmodhis and 
Aristogeiton, and for the Four Hundred), Xenophon (for the 
Thirty), and the poems of Solon. There is now among critics 
a general consensus in favour of the view that the most Important 
of his sources was the Atthis of Androtion, a work published 
in all probability only a few years earlier than the Constitution; 
in any case, after the year 346. From it are derived not only 
the passages which are annalistic in character and read like 
excerpts from a chronicle {e.g. c. 13. x, 2; c. 22; c. 26. 2, 3)" 
but also most of the matter common to the Constitution and to 
Plutarch's Solon. The coincidences with Plutarch, which are 
often verbal, and extend to about 50 tines out of 170 in cc. 5-1 1 
of the Constitution, can best be explained on the hypothesis 
that Hermippus, the writer followed by Plutarch, used the 
same source as Aristotle, viz. the A tthis of Androtion. Androtion 
is. probably closely followed in the account of the pre-Draconian 
constitution, and to him appear to be due the explanation of 
local names (e.g. xwpiov drcXIs), or proverbial expressions {e.g. 
rb ui) QvXoKpaKiv), as well as the account of "Strategems" 
such as that of Themistocles against the Areopagus (c 25) or 
that employed by Peisistratus in order to disarm the people 
(c. 15. 4). Whether the anecdotes, which are a conspicuous 
feature in the Constitution, should be referred to the same source 
is more open to doubt. It is also generally agreed that among 
the sources was a work, written towards the end of the 5th 
century B.C., by an author of oligarchical sympathies, with the 
object of defaming the character and policy of the heroes of the 
democracy. This source can be traced in passages such as 
c. 6. 2 (Solon turning the Seisachtheia to the profit of himself and 
his friends), 9. 2 (obscurity of Solon's laws intentional, cf. c 35. s) f 



i8 



CONSUETUDINARY— CONSUL 



37. 4 (Pericles* motive for the introduction of the dicasts' pay). 
But while the object (oi povkbiMm /Sfcao^/icir, c. 6) and the 
date of this oligarchical pamphlet (for the date cf. Plutarch's 
Solon, c. 15 of Ttpl YZbvwva ml KXavlaP ad 'bnrovuor, which 
points to a time when Cono;i, Alcibiades and Catlias were pro- 
minent in public life) are fairly certain, the authorship is quite 
uncertain, as is also its relationship to another source of import- 
ance, viz. that from which are derived the accounts of the 
Four Hundred and the Thirty. The view taken of the character 
and course of these revolutions betrays a strong bias in favour 
of Theramcnes, whose ideal is alleged to have been the r&rpios 
voktttla. It has been maintained, on the one hand, that this 
last source (the authority folkmed in the accounts of the Four 
Hundred and the Thirty) Is identical with the oligarchical 
pamphlet, and, on the other, that it is none other than the AUkis 
of Androtion. The former hypothesis is improbable. In favour 
of the latter two arguments may be adduced. In the first place, 
Androtion's father, Andron, was one of the Four Hundred, and 
took Theramencs' aide. Secondly, the precise marks of time, 
which are characteristic of the AUkis, are conspicuous in these 
chapters. In view, however, of the fact that Androtion In his 
political career showed himself not only a democrat, but a 
democrat of the extreme school, the hypothesis must be 
pronounced untenable. 

Value.— It is by no means easy to convey a just impression of 
the value of Aristotle's work as an authority for the constitu- 
tional history of Athens. In all that relates to the practice of 
his own day Aristotle's authority is final. There can be no 
question, therefore, as to the importance, or the trustworthy 
character, of the Second Part. But even here a caution is 
necessary. It must be remembered that its authority is final 
for the 4th century only, and that we are not justified in arguing 
from the practice of the 4th century to that of the 5th, unless 
corroborative evidence is available. In the First Part, however, 
where he is treating of the institutions and practice of a past 
age, Aristotle's authority is very far from being final. An 
analysis of this part of the work discloses hjs dependence, in a 
remarkable degree, upon his sources. Occasionally he compares, 
criticizes or combines; as a rule he adheres closely to the 
writer whom he is using. There is no evidence, either of inde- 
pendent inquiry, or of the utilization of other sources than 
literary ones. Where "original documents" are quoted, or 
referred to, as e.g. in -the history of the Four Hundred, or of the 
Thirty, it is probable that he derived them from a previous 
writer. For the authority of Aristotle we must substitute; 
therefore, the authority of his sources; i.e. the value of any 
particular statement will vary with the character of the source 
from .which it comes. For the history of the 5th century the 
passages which come from Androtion's Atthis carry with them 
a high degree of authority. It .by no means follows, however, 
that a statement relating, to earlier times is to be accepted 
simply because it is derived from the same source. And in 
passages which are derived from other sources than the AUkis 
a much tower degree of authority can be claimed, even for state- 
ments relating to the 5th century. The supremacy of. the 
Areopagus after the Persian Wars, the .policy attributed to 
Aristides (c 24), and the association of Themistodes with 
Ephialtes, are cases in point. Nor must the reader expect to 
find in the Constitution a great' work, in any sense of the term. 
The style, it Is true, is simple and clear, and the writer's criticisms 
are sensible. But the reader will look in vain for evidence of 
the philosophic insight which makes the Politics, even at .the 
present day, the best text-book of political philosophy.' It is 
perhaps hardly too much to say that there is not a single great 
Idea in the whole work. Be will look in vain, too, for any 
consistent view of the history of the constitution as a> whole, 
or fax any adequate account of its development. He will find 
occasional misunderstandings of measures, and confusions of 
thought. There are appreciations which it is difficult to accept, 
and inaccuracies which it is difficult to pardon. There are 
contradictions which the author has overlooked, and there are 
omissions which are unaccountable. Yet, in spite of such defects, 



the importance of the Constitution can hardly be exaggerated. 
Its recovery has rendered obsolete any history of the Athenian 
constitution that was written before the year 1891. Before 
this date our knowledge was largely derived from the statements 
of scholiasts and lexicographers which had not seldom been 
misunderstood. Hie recovery of the Constitution puts us for 
the first time in possession of the evidence. To appreciate the 
difference that has been made by its recovery, it is only necessary 
to compare what we now know of the reforms of Cleisthenes 
with what we formerly knew. It is much of it evidence that 
needs a careful process of weighing and sifting before it can be 
safely used; but it is, as a rule, the best, or the only evidence. 
The First Part may be less trustworthy than the Second; it is 
not less indispensable to the student of constitutional history. 

Bibliography.— A conspectus of the literature of the Constitution 
complete down to the end of 1892 is given in Sandys p. bevit., and, 
though less complete, down to the beginning of 189$ in Busolt, 
Criechische Gtschtchte, 2nd ed. vol. ii. N p. 15. In the present article 
only the most important editions, works or articles are mentioned. 

Editions of the text: Editio princeps, ed*by F. G. Kenyon, 30th 
January 1891, with commentary. Autotype facsimile of the 
papyrus (1891). Aristotdis toW«J« 'A$walwp, ed. G. Kaibel et U. von 
Wilamowitz-MOellendorff (Berlin, Weidmann l 1891). Aristotelis qui 
fertur 'Avatar «oXtr«Ia recensuerunt H. van Herwerden et J. van 
Leeuwen (Leiden, 1891). Teubner text, ed. by F. Blass (Leipzig, 
1892). Edition of the text without commentary by Kenyon. 

Most of these have passed through several editions. The fullest 
commentary is that contained in the edition of the text by J. E. 
Sandys (London, 1893). The best translations are those of Kenyon, 
in English, and of Kaibel and Kiessling, in German. 

Works dealing with the subject: Bruno Keil, Die SoSouiscko 
Verfassmt nock Aristoteles (Berlin, 1892) ; G. Gilbert, Constitutional 
Antiquities of Sparta and Athens (Eng. trans., 1895); U. von Wila- 
roowitz-Moellcndorff, Aristoteles und A then (2 vols., Berlin, 1893), 
a work of great importance, in spite of many unsound conclusions; 
E. Meyer, Forsckunten, vol. ii. pp. 406 ff. (the section dealing with the 
Four Hundred is especially valuable). Articles: R. W7 Macan, 



Journal of Hellenic Studies (April 1801); R. Nissen, Xheinisches 
Museum (1892), p. 161; G. Busolt, Hermes (1898), pp. 71 ff.; O. 
Secck, " Qucllenstudien zu des Aristoteles' Verfassungsgeschichte 
Athens," in Lehraann's Beilrdge %ur alien Cesekkhti, vol. iv. pp. 164 
and 270. (E. M. W.) 

CONSUETUDINARY (Med. Lat coHSuetudinotius, from con- 
suetudo, custom), customary, a term used especially of Law 
based on custom as opposed to statutory or written law. As a> 
noun " consuetudinary " (Lat. consuetudinarius, sc liber) is the 
name given to a ritual book containing the forms and ceremonies 
used in the services of a particular monastery, cathedral or 
religious order. 

CONSUL (in Gr. generally Gmnor , a shortened form of orpenryfe 
fcVarot, i.e. praetor maximus), the title borne by the two highest 
of the ordinary magistrates of the whole Roman community 
during the republic In the imperial period these magistrates 
had ceased practically to be the heads of the state, but their 
technical position remained unaltered. (For the modern 
commercial office of consul see the separate article below.) 

The consulship arose with the fall of the ancient monarchy 
(see further Romb : History, II. " The Republic "). The Reman 
reverence for the abstract conception of the magistracy, as 
expressed in the imperium and the auspida, led to the pre- 
servation of the regal power weakened only by external 
limitations. The two new officials who replaced the kins; bore 
the titles of leaders (praetores) and of judges (judicer, cf. Cicero, 
be legibus, iii. 3. 8, " regio imperio duo sunto iique a praeetmck* 
judicflndo • . • praetores judices . . . appelkinmo")* But the 
new fact of coUeagueship caused a third title to prevail, that 
of eonsuUs or " partners," a word probably derived from am* 
salio on the analogy of praesul and end (Mommsen, Slaatsreekt, 
it p. 77, n. 3). This first example of the collegiate principle 
assumed the form that soon became familiar in the Roman 
commonwealth. Each of the pair of magistrates could act tip to 
the full powers of the imperium; but the dissent of his colleague 
rendered, his decision or his action null and void. At the same 
time the principle of a merely annual tenure of office was insisted 
on. The two magistrates at the close of their year of office wen 
bound to transmit their power to successors; and these successors 
whom they nominated were obliged to seek the. suffrages of thy 



CONSUL 



'9 



people. The only body known tenitt electing the consuls 
daring the republican period was the camUia tmturiata (tee 
CoMmA). The consulate was originally confined to patricians. 
During the struggle for higher office that was waged between 
the orders the office was suspended on fifty-one occasions 
between the years 444 and 367 B.C. and replaced by the military 
tribunate with consular power, to which plebeians were eligible, 
lie struggle was brought to an end by the LicinioSextian laws 
of 367 b.c, which enacted that one consul must he a plebeian 
(see Patuoavs). 

Most of the internal history of Rome down to the beginning 
of the third century B.C. consists in a series of attacks, whether 
intentional or accidental, on the power of the executive. As 
the consuls are the sole representatives of higher executive 
authority in early times, this history is one of a progressive 
decline in the originally wide and arbitrary powers of the office. 
Their right of summary criminal jurisdiction was weakened by 
the successive laws of appeal iprovoeatio); their capacity for 
interpreting the civil law at their pleasure by the publication 
of the Twelve Tables and the Forms of Action. The growth 
of the tribunate of the plebs hampered their activity both as 
legislators and as judges. They surrendered the duties of 
registration to the censors in 445. B.C., and the rights of civil 
jurisdiction and control over the market end police to the 
praetor and the curule aedfles in 367 B.C. 

The result of these limitations and of this specialization of 
functions in the community was to leave the consuls with less 
specific duties at home than any magistrates in the state. But 
the absence of specific functions may be of itself a sign of a general 
duty of supervision. The consuls were in a very real sense the 
bads of the state. Polybius describes them as controlling the 
vbole administration (Polyb. vi. n vwSw cfo KOptct tfir ftyio* 
ruar rpd£cur). This control they exercised in concert with the 
senate, whose chief servants they were. It was they who were 
the most regular consultants of this council, who formulated 
its decrees as edicts, and who brought before the people legislative 
measures which the senate had approved. It was they also who 
represented the state to the outer world and introduced foreign 
envoys to the senate. The symbols of their presidency were 
Einiibld- It was marked by the twelve lictors (q.v), a number 
permitted to no other ordinary magistrate, by the fact that the 
£rst act of newly-admitted consuls was to take the auspices, 
their second to summon the senate, and by the use of their names 
fcr dating the year. The consulate was, indeed, as Cicero expresses 
ii, the culminating point in an official career (" Honorum populi 
tais est consulatus," Cic. Pro Pfanco, 35. 60). 

In the domestic sphere the consuls retained certain powers 
ef jurisdiction. This jurisdiction was either (i.) administrative 
or (ii.) criminal, (i.) Their administrative jurisdiction was some- 
times concerned with financial matters such as pecuniary claims 
sade by the state and individuals against one another. They 
acted in these matters in the periods during which the censors 
were not in office. We also find them adjudicating in disputes 
alout property between the cities of Italy, (ii.) Their criminal 
jurisdiction was of three kinds. In the first place it was their 
duty, before the development of the standing commissions 
vfrich originated in the middle of the and century B.C., to set in 
sotioo the criminal law against offenders for the cognisance of 
ordinary, as opposed to political, crimes. The reference of such 
cases to the assembly of the people was effected through their 
quaestors (see Quaestor). Secondly, when the people and 
senate, or the senate alone, appointed a special commission 
.'see Senate), the commissioner named was often a consul. 
Thirdly, we find the consul conducting a criminal inquiry raised 
d> a. point of international law. It is possible that in this case 
bis advising body (consilium) was composed of the fetiaies (see 
He*aix>, adfinj. (Cicero, De republica, iii. 18. *8; Mommsen, 
Si&sisreckl, ii. p. 112, n. 3). 

During the greater part of the republic the consuls were 
recognized as the heads of the administration abroad as well as 
at borne. It thus became necessary that departments of ad minis- 
tration (provtneiae) should be determined and assigned. The 



method of assfgnnvHtf varied. The least usual device was for 
one consul to take the field at the head of an army, while the 
other remained at home to transact the civil business of state. 
More often foreign wars demanded the attention of both consuls. 
In this case the regular army of four legions was usually divided 
between them. When it was necessary that both armies should 
cooperate, the principle of rotation was adopted, each consul 
having the command for a single day— a practice which may be 
illustrated by the events preceding the battle of Cannae (Polybius 
iii. no; Livy xxii. 41). During the great period of conquesr 
from S04 to 146 B.C. Italy was generally one of the consular 
" provinces, 1 ' some foreign country the other; and when at the 
dose of this period Italy was at peace, this distinction approxi- 
mated to one between civil and military command. The consuls 
settled their departments amongst themselves by agreement 
or by tot (comparalio, sortUio), the power of declaring what 
should be the consular provincial was usurped by the senate 
(see Senate), and a lex Semproma passed by C. Gracchus, 
probably in taa B.C., ordained that the two consular provinces 
should be declared before the election of the consuls. At this 
time the consuls entered office on the rst of January (a practice 
which commenced in 153 b. c.), and their military command began 
on the xst of March. They could hold tins military command 
until they were superseded in the following March, and thus their 
tenure of power was practically raised to fourteen months. But 
meanwhile the home officials invested with the imperium had 
proved insufficient for the military needs of the empire, and the 
system of prolonging the command (prorogate imperii) had been 
growing up (see Province). The consul whose command bad 
been prolonged now served abroad as proconsul. It is probable 
that Sulla in his legislation of 81 B.C. did something to stereotype 
this system. Certainty the government by pro-magistrates be- 
comes the rule after this period (cf . Cicero, De natura deerum, 
ii. 3. 9; De divination*, ii. 36. 76, 77), although there are several 
instances of consuls assuming the active command of provinces 
between the years 74 and 55 b.c (Mommsen, Recktsfrage, p. 30), 
and Cicero declares that the consul has a right to approach 
every province (" consults, qulbus more majorum concessum 
est vel omnes adire provincias," Cicero, Ad Atticum, vili. 15. 3). 
Certainly in theory the provinces were still regarded as " con- 
sular/' not " proconsular," and were technically, although not 
practically, held from the xst of March of 'the consul's tenure 
of office at Rome (cf. Cicero, De provinciis consularibus, 15. 37; 
Mommsen, Recktsfrage, passim). It was not until the lex 
Pompeia of 52 B.C. (Dio Cassius xl. 56) had established a five 
years' interval between home and foreign command that the 
theory of the prorogate imperii vanished and the proconsulate 
became a separate office. 

Since the theory of the persistence of the republican constitu- 
tion was of the essence of the Principatc, the consuls necessarily 
lost little of their outward position and dignity under the rule of 
the Caesars. The consulship was the only office in which a citizen, 
other than a member of the imperial house, might have the 
princeps as a colleague, and in the interval between the death or 
deposition of one princeps and the appointment of another the 
consuls resumed their normal position as the heads of the state 
(cf. Herodian ii. 12). As the presidents of the senate, who after 
a.d. 14 elected them to their office, they were the chief personal 
representatives of those elements of sovereignty that were 
supposed to attach, to that body, and they directed that high 
criminal jurisdiction which the senate of this period assumed 
(see Senate). A restored power of jurisdiction is indeed one of 
the features of their position during this time, and it is probable 
that the civil appeals which came to the senate were delegated 
to the consuls. They also acted for a time as delegates to the 
princeps in matters of Chancery jurisdiction such as trusts and 
guardianship (Mommsen, Staatsrtcht, ii. p. 103). The consulship 
was also a preparation for certain high commands, such as the 
government of certain public and imperial provinces (see Pro* 
vznce) and the prefecture of the city. It was probably due 
to the fact that the consulship was such a prize, and perhaps also 
to the expense imposed on the office by its association with tho 



ao 



CONSUL 



celebration of games (Dio Cassius It!. 46, K£ 90) that the tenure 
was progressively shortened. la the early prindpate the consuls 
hold office for six months, later for four to two months (Mommsen, 
StaatsrtdU, ii. pp. 84-87). The consuls appointed for the 1st of 
January were called ordinarii, the others suffeeH; and the whole 
year was dated by the names of the former. 

This distinction continued in the Empire that was founded 
by Diocletian and Constantine. The ordinarii were nominated 
by the emperor, the suffecti were nominated by Jbe senate, and 
their appointment was ratified by the emperor. The consulship 
was still the greatest dignity which the Empire had to bestow; 
and the pomp and ceremony of the office increased in proportion 
to the decline in its actual power. The entry of the consuls on 
office was celebrated by a great procession, by games given to 
the people, by a distribution of gifts, such as the ivory diptych*, 
a long series of which has been preserved. But the senate, over 
which they presided until the time of Justinian, was little more 
than the municipal council of the city of Rome; and the justice 
which they meted out had dwindled down- to the formal and 
uncontested acts of manumission and the granting of guardians. 
Sometimes there was a consul of the West at Rome and a consul 
of the East at Constantinople; at other times both consuls 
might be found in either capital The last consul born in a private 
station was Basilius in the East in aj>. $41, But the emperors' 
continued to bear the title for some time longer. 

AUTHORiTtBS.— Moramsen, Romisckes Staatsrtckt, ii. pp. 74-140 
(3rd ed., Leipzig, 1887) ; Herxog, Ceukkku und^System der romischen 
Stootsverfossung, I p. 688 foil., 827 foil. (Leipzig, 1884, &c) ; Lai — 



Rdmiscke Altertkunter, I p. 534 foil. (Berlin, 1856, Ac); Schiller. 
Stoats* and Rechtsaltertumer, p. 53 foil. (Munich, 1893, Handbuch 
der Uassische* Altertums-Wisseusckaft, von Dr Iwan von Mailer); 
Daremberg-Saglio, Dictiounoire des anttquiUs grecquts el romaines, i. 
1455 foil. (1875. Sec.) ; De Ruggiero, Distonario eptgrafico di antichiia 
Roman*, ii. 679 foH., 868 tofT (Rome. 1886, Ac); Pauly-Wiswwa, 
ReaUncydopddte, iv. 11 12 foil, (new edition, Stuttgart, 1893, ice.). 
-vFor the consular dtptychs, cf. besides Daremberg-Saglio, lx. t 
Goti, Thesaurus veierum diptychorum (Florence, 1759). and Labarte, 
Histoire des arts industrtels au moyen Age, i. p. 10 loll., 190 foil, (ist 
ed.. Paris, 1864). (A. H. J. C.) 

CONSUL, a public officer authorized by the state whose com- 
mission he bears to manage the commercial affairs of its subjects 
in a foreign country, and formally permitted by the government 
of the country wherein he resides to perform the duties which 
are specified in his commission, or lettre de provision. (For the 
ancient magisterial office of consul see separate article above.) 

A consul, as such, is not invested with any diplomatic character, 
and he cannot enter on his official duties until a rescript, termed 
an exequatur (sometimes a mere countersign endorsed on the 
commission), has been delivered to him by the authorities of the 
state to which his nomination has been communicated by his 
own government. This exequatur, called in Turkey a bar at t 
may be revoked at any time at the discretion of the government 
where he resides. The status of consuls commissioned by the 
Christian powers to reside in Mahommedan countries, China, 
Korea, Siam, and, until 1899, in Japan, and to exercise judicial 
functions in civil and criminal matters between their own 
countrymen and strangers, is exceptional to the common law, 
and is founded on special conventions or capitulations (9.9.) • 

The title of consul, in the sense in which it is used in inter- 
national law, is derived from that of certain magistrates, in the 
cities of medieval Italy, Provence and Languedoc, charged with 
the settlement of trade disputes whether by sea or land {consults 
mercatorum, consults artis maris, &c). f With the growth of trade 
it early became convenient to appoint agents with similar 
powers in foreign parts, and these often, though not invariably, 
were styled consuls (consults in partibus ullramarinis)? The 

1 The title of consul was borne by the chief municipal officers of 
several cities of the south of France during the middle ages and up 
to the Revolution. The name was not due to their being the suc- 
cessors of the chiefs of the Roman muuicipia. They were members 



of the governing body known as the consuiat, and in Latin documents 
are sometimes styled consiliari 1, i.e. counc"" ~" ' ' ' " 

is not traceable beyond the 12th century. 



I consiliarii, i.e. councillors. The consuiat itself 



• Particular quarters of mercantile cities were assigned to foreign 
traders and were placed under the jurisdiction of their own magis- 
trates, variously styled syndics, provosts (praepositi), echevins 



earliest foreign consuls were those established by Genoa, Pisa, 
Venice and Florence, between 1098 and 1x06, in the Levant, at 
Constantinople, in Palestine, Syria and Egypt Of these the 
Pisan agent at Constantinople bore the title of consul, the 
Venetian that of bayh (?.».). In 1251 Louis IX. of France 
arranged a treaty with the sultan of Egypt under which French 
consuls were established at Tripoli and Alexandria, and Du 
Cange cites a charter of James of Aragon, dated 1268, granting 
to the city of Barcelona the right to elect consuls in partibus 
ultromarinis, &c The free growth of the system was. however, 
hampered by commercial and dynastic rivalries. The system 
of French foreign consulships, for instance, all but died out after 
the crushing of the independent life of the south and the incor- 
poration of Provence and Languedoc under the French crown; 
while, with the establishment of Venetian supremacy in the 
Levant, the baylo developed into a diplomatic agent of the first 
class at the expense of the consuls of rival states. The modem 
system of consulships actually dates only from the x6th century. 
Early in this century both England and Scotland had their 
"conservators" with "jurisdiction to do justice between 
merchant and merchant beyond the seas "; but France led the 
way. The alliance between Francis I. and Suleiman the Magnifi- 
cent gave her special advantages in the Levant, of which she 
was' not slow to take advantage. Her success culminated in the 
capitulations signed in 1604, under the terms of which her 
consuls were given precedence-over all others and were endowed 
with diplomatic immunities (e.g. freedom from arrest and from 
domiciliary visits), while the traders of all other nations were put 
tinder the protection of the French flag. It was not till 1675 
that, under the first capitulations signed with Turkey, English 
consuls were established in the Ottoman empire. Ten years 
earlier, under the commercial treaty between England and 
Spain, they had been established in Spain. 

The frequent wars of the succeeding century hindered the 
development of the consular system. Thus, though the system 
of consuls was regularly established in France by the ordinance 
of 166 1, in 1760 France had consuls only in the Levant, Barbary, 
Italy, Spain and Portugal, while she discouraged the establish- 
ment of foreign consuls in her own ports as tending to infringe 
her owri jurisdiction. It was not till the 19th century that the 
system developed universally. Hitherto consuls had, for the 
most part, been business men with no special qualification as 
regards training; but the French system, under which the 
consular service had been long established as part of the general 
civil service of the country, a system that had survived the 
Revolution unchanged, was gradually adopted by other nations; 
though, as in France, consuls not belonging to the regular 
service, and having an inferior status, continued to be appointed. 
In Great, pritain the consular service was organized in 1825 
(see below) ; in France the series of ordinances and laws by which 
its modern constitution was fixed began in 1833. In Germany 
progress was hindered by the political conditions of the country 
under the old Confederation; for the Hanse cities, which practi- 
cally monopolized the oversea trade, lacked the means to estab- 
lish a consular system on the French model. The present 
magnificently organised consular system of Germany is, then, 
one of the most remarkable outcomes of the establishment of the 
united empire. It was initiated by an act of the parliament 
of the North German Confederation (Nov. 8, 1867), subsequently 
incorporated in the statutes of the Empire, which laid down 
the principle that the German consulates were to be under 
the immediate jurisdiction of the president of the Confederation 
(later the emperor). The functions, duties and privileges of 
French and German consuls do not differ materially from those 
of British consuls; but there is a great difference in the organiza- 
tion and personnel of the consular service. In France, apart 
from the consuls Uus or consuls marckands, who are mere consular 
agents, selected by the government from among the traders of a 

(scabini), &c, who had power to fine or t to, expel from the quarter. 
The Hanscntic League (g.p.), particularly, had numerous «ettfcmcnt a 
of this kind, the earliest being the Steelyard at London, established 
in the 13th century. 



CONSUL 



21 



town where it desires to fee represented, and unsalaried, the 
consular body proper was, by the decrees of July to, toft* and 
April «7» 1885, practically constituted a branch of the diplomatic 
service. It is recruited from the same sxniraes, and ite members 
are tree to exchange into the corps tipfomaliqm, or vice vena. 
C a n didate* for the diplomatic and consular services have to 
undergo the same, training and pass the same examination*, 



ie. in the constitutional, administrative and judicial organisa- 
tion of the various powers, in international law, commercial 
Uw and maritime law, in the history of treaties and in com- 
mercial and political geography, in political economy, and in 
the German and English languages. They have to serve tfcree 
years abroad or attached to some ministerial department before 
they can enter for the examination which entitles them to an 
appointment as attache or as consul suppUant* . This assimilation 
of the c ons ul a r to the diplomatic service remains peculiar to 
France. 1 

In Germany it was enacted by the law of February 28, 1873, 
that German consuls must be either trained jurists, or must 
have passed special examinations. The result of this system 
has been the establishment throughout the world of an elaborate 
network of trained commercial experts, directly responsible to 
the central government, and charged as one of their principal 
duties with the task of keeping the government informed of all 
that may be of interest to German traders. These annual 
consular reports were from the first regularly and promptly 
published in the Deutsche HawUtsartkiv, .ind have contributed 
much to the wonderful expansion of German trade, The right 
to establish consuls is now universally recognized by Christian 
civilized states. Jurists at one time contended that according 
to international law a right of " ex-territoriality " attached to 
consuls, their persons and dwellings being sacred, and themselves 
»mwiaKL. to local authority only in cases of strong suspicion on 
political grounds. It is now admitted that, apart from treaty, 
custom has established very few consular privileges; that 
perhaps consuls may be arrested and incarcerated, not merely 
on criminal charges, but for civil debt; and that, if they engage 
in trade or become the owners of immovable property, their 
persons certainly lose protection. This question of arrest has 
been frequently raised in .Europe:— in the case of Barbuit, a 
tallow-chandler, who from 1727 to 1735 acted as Prussian 
consul in London, and to whom the exemption conferred by 
statute on ambassadors was held not to apply; in the case of 
Cretico, the Turkish consul in London in 1 808; in the case of 
Begky, the United States consul at Genoa, arrested in Paris 
in 1840; and in the case of De la Fuente Hermosa, Uruguayan 
consul, whom the Cow RoyoU of Paris in 1842 held liable to 
arrest for debt. In the same way consuls are often exempt 
from all kinds of rates and taxes, and always from personal 
taxes. They are exempt from billeting and military service, but 
are not entitled (except in the Levant, where also freedom 
from arrest and trial is the rule) to have private chapels in their 
houses. The right of consuls to exhibit their national arms and 
flag over the door of the bureau is not disputed. 

Until the year 1825 British consuls were usually merchants 
engaged in trade in the foreign countries in which they acted 
as consuls, and their remuneration consisted entirely of fees. 
An act of that year, however, organised the consular service 
as a branch of the civil service, with payment by a fixed salary 
instead of by fees; consuls were forbidden also to engage in 
trade, and the management of the service was put under the 
control of a separate department of the foreign office* created 
for the purpose. In 1832 the restriction as to engaging in trade 
was withdrawn, except as regards salaried members of the British 
consular service. 

l u£. as regards the organisation of the system. Consuls, or 
coasab-ftcneia^ of other countries have sometimes a diplomatic or 
qua-diplomatic status. Consuls-general charges d'affaires, eg., 
rank as diplomatic agents. Of these the most notable is the British 
sweat and consul-general in Egypt, whose position is unique. The 
ocpkxnatic agent ot Belgium at Buenos Aires, «.§., is minister-resident 
a«d consul-general, and the minister of Ecuador in London Is consul- 
general charge d'affaires. 



The duty of consuls, under the " Genera] Instructions to 
British Consuls," is to advise His Majesty's trading subjects, 
to quiet their differences, and to conciliate as much as possible 
the subjects of the two countries. Treaty rights he is to support 
in a mild and moderate spirit; and he is. to check as far as 
possible evasions by British traders of the local revenue laws. 
Besides assisting British subjects who are tried for offences in 
the local courts, and ascertaining, the humanity of their treat- 
meat after sentence, he has to consider whether home or foreign 
law is more appropriate to the case, having regard to the con- 
venience of witnesses and the time required for decision; and, 
where local co'irta have wrongfully interfered, he puts the 
home government in motion through the consul-general or 
ambassador. He sends in reports on the labour, manufacture, 
trade, commercial legislation and finance, technical education, 
exhibitions and conferences of the country or district in which 
he resides, and, generally, furnishes information on any subject 
which may be desired of him. He acts as a notary public; he 
draws up. marine and commercial protests, attests documents 
brought to him, and, if necessary, draws up wills, powers of 
attorney, or conveyances. He celebrates marriages in accordance 
with the provisions of the Foreign Marriage Act 189a, and, 
where the ministrations of a clergyman cannot be obtained, 
reads the burial service. At a seaport he has certain duties 
to perform in connexion with the navy. In the absence of any 
of His Majesty's ships he is senior naval officer; he looks after 
men left behind as stragglers, or in hospital or prison, and sends 
them on in due course to the nearest ship. He is also em- 
powered by statute to advance for the erection or maintenance 
of Anglican churches, hospitals, and places of interment sums 
equal to the amount subscribed for the purpose by the resident 
British subjects. 

As the powers and duties of consuls vary with the particular 
commercial interests they have to protect, and the civilisation 
of the state in whose territory they reside, instead of abstract 
definition, we summarize the provisions on this subject of the 
British Merchant Shipping Acts.' Consuls are bound to send 
to the Board of Trade such reports or returns on any matter 
relating to British merchant snipping or seamen as they may 
think necessary. Where a consul suspects thst the shipping or 
navigation laws are being evaded, he may require the owner or 
master to produce the log-book or other ship documents (such 
as the agreement with the seamen, the account of the crew, the 
certificate of registration); he may muster the crew, and order 
explanations with regard to the documents. Where an offence 
has been committed on the high seas, or aboard ashore, by 
British seamen or apprentices, the consul makes inquiry on oath, 
and may send home the offender and witnesses by a British ship, 
particulars for the Board of Trade being endorsed on the agree- 
ment for conveyance. He is also empowered to detain a foreign 
ship the master or seamen of which appear to him through their 
misconduct or want of skill to have caused injury to a British 
vessel, until the necessary application for satisfaction or security 
be made to the local authorities. Every British mercantile 
ship, not carrying passengers, on entering a port gives into the 
custody of the consul to be endorsed by him the seamen's agree* 
ment, the certificate of registry, and the official log-book; a 
failure to do this is reported to the registrar-general of seamen. 
The following five provisions are also made for the protection of 
seamen. If a British master engage seamen at a foreign port, 
the engagement is sanctioned by the consul, acting as a super- 
intendent of Mercantile Marine Offices. The consul collects the 
property (including arrears of wages) of British seamen or 
apprentices dying abroad, and remits to H.M. paymaster-general. 
He also provides for the subsistence of seamen who are ship- 
wrecked, discharged, or left behind, even if their service was with 
foreign merchants; they are generally sent home in the first 
British ship that happens to be in want of a complement, and 
the expenses thus incurred form a charge on the parliamentary 
fund for the relief of distressed seamen, the consul receiving a 

' See also instructions to consuls prepared by the Board of Trade 
and approved by the secretary of state for foreign affair*. 



2* 



CONSUL 



commission of aj % on the sjiooat dJebnrand. Cowpirinf t by 
oewi as to the quality sod quantity of the provisions on baud 
•re investigated by die consul, who eaten a statement in the 
l^-beok and reporto to the Boeid of Trade. Money dssbnvsed 
by consuls on accountof the Obsess or injury of sesnra is generally 
recoverable from the owner. With regard to pmrngfi vessels, 
the master is bound to give the consul facilities for inspection 
and for commnnicatjon with passengers, and to exhibit Ma 
" master's list," or lift of passengers, so that the consul may 
transmit to the registrar-general, for insertion in the Marine 
Register Book, a report of the passengers dying and children 
born during the voyage. The consul may even defray the 
expenses qf maintaining, and forwardiag to their destination, 
passengers taken off or pkked up from wrecked or injured 
vessels, if the master does not undertake to proceed in six weeks; 
these expenses becoming, in terms of the Passenger Acts 1855 
and 1 863, a debt due to His Majesty from the owner or charterer, 
where a salvor is justified in detaining a British vessel, the 
master may obtain' leave to depart by going with the salvor 
before the consul, who, after hearing evidence as to the service 
rendered and the proportion of ship's value and freight 
claimed, fixes the amount for which the master is to gfve 
bond and security.. In the case of a foreign wreck the consul 
is held to be the agent of the foreign owner. Much of the 
notarial business which is imposed on consuls, partly by 
statute and partly by the request of private parties, consists 
in taking the declarations as to registry, transfers, &c, under 
the Mercantile Shipping Acts. Consuls in the Ottoman empire, 
China, Sfam and Korea have extensive judicial and executive 
powerv 

Since the incorporation of the British consular service in the 
civil service there have been several proposals to " reform " the 
system with the view of increasing its usefulness, more particularly 
from the point of view of providing assistance to British trade 
abroad (see Reports of Special Committees of the House of 
Commons on the Consular Service, 1858, 187 2, 1903). It has been 
frequently urged that British consuls in their commercial know- 
ledge and intercourse with foreign merchants compare unfavour- 
ably, for example, with the consuls of the United States. It 
must be remembered, however, that there are points of striking 
dissimilarity between the duties of the consuls of these two 
countries. The American consul is necessarily brought much 
into touch with the trade and commerce of the country to which 
he is assigned through the system of consular invoices (see 
Ad Valorem) ; in his ordinary reports he is not confined to one 
stereotyped form, and when preparing special reports (a valuable 
feature of the United States consular service) he is liberally 
treated as regards any expense to which he has been put 
in obtaining information. He is practically free from the 
multifarious duties which the English consul has to discharge in 
connexion with the mercantile marine, nor has he to perform 
marriage ceremonies; and financially he is much better off, 
being allowed to retain as personal all fees obtained from his 
notarial duties. The Committee of 1003 was appointed to in- 
quire, taier alia, whether the limits of age— 35 to 50— for candi- 
dates should be altered, and whether service as a vice-consul 
for a certain period should be required to qualify for promotion 
to the rank of consul; whether means could not be adopted to 
give consular officers opportunities of increasing their practical 
knowledge of commercial matters and to bring them more into 
personal contact with the commercial community. The sugges- 
tions of the committee as the result of its inquiries were adopted 
in principle by the Foreign Office. The consular service is now 
grouped into three main divisions: (1) the general service; (a) 
Levant and Persia; and (3) China, Japan, Korea and Siam. 
The general consular service is graded into three divisions: 
first grade, consuls-general, salary £1000 with local allowances; 
second grade, consuls-general and consuls, salary £800 and local 
allowances; third grade, consuls, salary £600, with local 
allowances. Vice-consuls have an annual salary of £350, rising 
by annual increments of £15 to £4 s»- In the general consular 
service appointments are sometimes made to the higher offices 



from* the ranks, bat mete uaaaHy from a select list of nominees, 
pasa a qaalifying examination A proportion of the 
arc reserved for competition amongst candidates who 
experience. Divisions a and 3 are 
recnutedbyopenconipetitiQn. There were at one time a small 

m watch- 
ing and reporting on the commerce, indnatriea and products of 
special districts, and in answering inquiries on commercial sub- 
jects. Their duties were subsequently transferred to the consular 
and a new class of officers, consular attaches, created. 
The consular, attaches divide their time between special in- 
vestigations abroad, and visits to manufacturing districts in 
the United Kingdom. The headquarters of the commercial 
attaches in Europe, except those at Paris and Constantinople, 
were transferred to London, without denned districts, in 1907 
(see Report on Ike System of British Commercial Attaches and 
Agents, ioo8, Cd. 3610). " Pro-consuls " are frequently appointed 
for the purpose of administering oaths, taking affidavits or 
affirmations, and performing notarial acts under the. Com- 
missioners for Oaths Acts 1880. 

The position of the United States consuls is minutely described 
in the Regulations, Washington, 1896. Under various treaties 
and conventions they enjoy large privileges and jurisdiction. 
By the treaty of 1816 with Sweden the United States government 
agreed that the consuls of the two states respectively should be 
sole judges m disputes between captains and crews of vessels. 
(Up to 1906 there were eighteen treaties containing this clause.) 
By convention with France in 1853 they likewise agreed that the 
consuls of both countries should be permitted to hold real estate, 
and to have the " police interne des navires a commerce.'* In 
Borneo,China, Korea, Morocco, Persia, Siam, Tripoli and Turkey 
an extensive jurisdiction, civil and criminal, is exercised by 
treaty stipulation in cases where United States subjects are 
interested. Exemption from liability to appear as a witness is 
often stipulated. The question was raised in France in 1843 by 
the case of the Spanish consul Soller at Aix, and in America in 
1854 by the case of Dillon, the French consul at San Francisco, 
who, on being arrested by Judge Hoffmann for declining to give 
evidence in a criminal suit, pulled down Ins consular flag. So, 
also, inviolability of national archives is often stipulated. To 
the consuls of other nations the United States government have 
always accorded the privileges of arresting deserters, and of being 
themselves amenable only to the Federal and not to the States 
courts. They also recognise foreign consuls ss representative 
suitors for absent foreigners. 

The United States commercial agents are appointed by the 
president, and usually receive an exequatur. They form a class 
by themselves, and are distinct from the consular agents, who 
are simply deputy consuls in districts where there is no principal 
consul. 

By a law of April 1906 the U.S. consular service was re- 
organized and graded, the office of consul-general being divided 
into seven classes, and that of consul into nine classes; and on 
June 27 an executive order was issued by President Roosevelt 
governing appointments and promotions. 

See A. de Miltits, Manuel des consuls (London and Berlin, 1837- 
1843) ; Baron Ferdinand de Cussy, Dicsumnavt du diplomat* et du 
consul (Letpcig, 1846). and Rtglemeuts eonstdedres des primripomx 
Hats maritunes &T Europe et de FAmoriam (*., 1851) ; Tvaon, British 
ConsuTs Manual (London, 1896); De Clercq, Guide pratwaue des 
cousulats (1st ed., 1858, 5th ed. by de Vallat, Paris, 1898); C. J. 
Tarring. British Consular Jurisdiction m fat East (London. 1887); 
Bit Keusmarjur iidi l uuM im Orient (Rerita, 1898) ; Zorn, 
t a gtb mnc des de u tnk e n Reichs (and cd, Berlin, tool > ; 
" '"' ' Berlin,, 



w&mhgmunt 
. Konig, Handhueh des deutsehm Konsutarwesons (6th ed., 



190a) ; Martens. Das deutsche Kousular- und Ketomalncht (Leipzig. 
1904); Malfatri di Monte Tretto, Handhueh des fisterreicJUsch- 
mmgartsthen Kensularumens (a vols., and e<L, Vienna, 1904). See 
•bo the Parluumutan Reports referred to in the text. For British 
consuls much detailed information, inch " 
for the uniform* of the various grades, 

1906); Pasta 

and Public Law." No. 

(Rochester, N.Y.. 1909). 



iadodang, agj* minute directional 
ides, win be found in the official 



r Consular Serwtee aftheU, S. A. (Philadelphia 
of Uum. of P tnni yh am w . *' Series in Pol. Bean, 
o. 18; and Fred. Van Dyne, Oar Foreign Service 



♦'CONSULATE OP THE SEA"— CONTANGO 



*3 



"CftssWaATft Of THE tBA," a celebrated collection of 
■srittese customs tnd ordinances (mc alio Ska Laws) in the 
Catalan language, published at Barcelona in the latter part of 
the 1 5th century. la proper title it Tkt Book of the Consulate, 
or in Catalan, Lo Iter* de Centolat, the name being derived from 
the fact that it embodied the rotes of law followed in the mari- 
time cities of the Mediterranean coast by the commercial judges 
biown generally as consuls (?.*.>. The earliest extant edition 
sf the work, which was printed at Barcelona in 1404, is without 
a title-page or frontispiece, but It is described by the above- 
mentioned title in the epistle dedicatory prefixed to the table 
af contents. The only known copy of tins edition is preserved in 
the National Library in Paris. The epistle dedicatory states 
that the work k an amended version of the Book of tke Consulate, 
compiled by Francis Celelles with the assistance of numerous 
ihipmastera and merchants well versed in maritime affairs. 
According to a statement made by Capmany in his Codigo de log 
mtumbras maritma* de Barcelona, published at Madrid in 1701, 
there was extant to his knowledge in the last century a more 
ancient edition of the Book of tke Consulate, printed in semi- 
Gothic characters, which he believed to be of a date prior to 1484* 
This is the earnest period to which any historical record of the 
Bock of tke Consulate \xin& fa print can be traced bach. There 
are, however, two Catalan MSS. preserved in the National Library 
in Paris, the earliest of which, being MS. £spagnol 1*4, contains 
the two first treatises which are printed in the Booh of ike Con- 
sulate of 1404. and which are the most ancient portion of its 
contents, written in a hand of the 14th century, on paper of that 
century. The subsequent parts of this MS. are on paper of the 
15th century, but there is no document of a date more recent 
than 14J6. The later of the two MSS., being MS. Espagnol 56, 
a written throughout on paper of the 15th century, and in a hand 
of that century, and it purports, from a certificate on the face of 
the last leaf, to have been executed under the superintendence 
of Peter Thomas, a notary public, and the scribe of the Consulate 
of the Sea at Barcelona. 

The edition of 1494* "bich is Justly regarded as the editio 
prince fs of the Book of tkt Consulate, contains, in the first place, 
a code ctfpTDcedwe issued by the kings of Aragonforthe guidance 
of the courts of the consuls of the sea, in the second place, a 
mflcctioa of ancient customs of the sea, and thirdly, a body of 
ordinances for jd» government of cruisers of war. A colophon 
st the end of these ordinances informs the readers that " the book 
commonly called the Book of ike Consulate ends here"; after 
which then follows a document known by the title of Tke 
Acceptation*, which purports to record that the previous chapters 
and ordinances had been approved by the Roman people in the 
nth cent«ry,and by various princes and peoples in the nth and 
ijth centimes. Capmany war the first person to question the 
authenticity of this document in his Memoriae kistoricas sebre 
la atari**, ore, de Barcelona, published at Madrid in 1770-170* 
Pardessus and other writers on maritime law followed up the 
inquiry in the iota century, and have conclusively shown that 
the documcot, whatever may have been its origin, has no proper 
reference to the Book of ike Consulate, and is, in fact, of no histori- 
cal value whatsoever. The paging of the edition of 1404 ceases 
with this document, at the end d which is the printers colophon, 
reciting that " the work was completed on the 14th of July 1404, 
at Barcelona, by Pere Pose, priest and printer." The remainder 
of the volume consists of what may be regarded as an appendix 
to the original Book of ike Consulate. This appendix contains 
various maritime ordinances of the kings of Aragon and of the 
councillors of the city of Barcelona, ranging over a period from 
1^40101484. It is printed apparently in the same type with the 
preceding part of the volume. The c^gaxel Book of Ike Consulate, 
coupled with tins appendix, constitutes the work which has 
obtained general circulation in Europe under the title of TkeCon- , 
sulaU of ike Sea, and which in the course of the x6th century was 
translated into the Castilian, the Italian, and the French 
languages. The Italian translation, printed at Venice in 1549 
by Jean Baptist* Pedresano, was the version which obtained 
the largest circulation in the north of Europe, and led many 



jurists to suppose the work to have been of Italian orfein. Ill 
the next following century the work was tsaq&lated into -Dutch 
by Westerven, and into German by Eqgelbrecbt, and it is also 
said to have been translated into Latin. 

An excellent translation into French of " The Customs of the Sea,** 
which are the most valuable portion of the Book of tke Cqnsuktfe, was' 
published by Pardessus in the second volume of his Couectton des 
lots maritime* (Paris, 1834), under the title of " La Compilation 
connue sous le nom de eonsunt de la mer.*' See introduction, by Sir 
Travers Twiss, to the Black Book of tke Admiralty (London. ig»a)» 
which ia the appendix to v©L iii. contains his translation of. " The 
Customs of the Sea." with the Catalan text. (T<T0 , 

CONSUMPTION (Lat. consumere), Uterally, the act of consum- 
ing or destroying. Thus the word is popularly applied to 
phthisis, a " wasting away " of the- lungs due to tuberculosis 
(q*.). In economics the word has a special significance as a 
technical term. It has been defined as the destruction of utilities, 
and thus opposed to " production," which is the creation of 
utilities, a utility in this connexion being anything which satisfies 
a desire or serves a purpose. Consumption may be either pro* 
ductive or unproductive; productive where it is a means directly 
or indirectly to the satisfaction of any economic want, unpro* 
ductive when it is devoted to pleasures or luxuries. Its place in 
the science of econ om ics, and its dose relation with production, 
are treated of in every text-book, hut special reference may be ' 
made to W. Roscher, NatiauaUkonome, 1883, and G. Scbonberg, 
Handbuch d. petit. Okonamie, 1890-1891. 

CONSUS, an ancient Italian deity, originally a god of agricul- 
ture. The time at which his festival was held (after harvest 
and seed-sowing), the nature of its ceremonies and amusements, 
bis altar at the end of the Circus Maximus always covered with 
earth except on such occasions, all point to his connexion with 
the earth. In accordance with this, the name has been derived 
from eondere (~Condius, as the "keeper' 1 of grain or the 
" hidden " god, whose life-producing influence works in the 
depths of the earth). Another etymology is from conserve 
(" sow," cf. Ops Consiva and her festival Opiconsivia). Amongst 
the ancients (Livy i. p; Dion. Halic U, 32) Consus was most 
commonly identified with lloau&ut* Tawies (NeptunusEquester), 
and in later Latin poets Consus is used for Neptunus, but this 
idea was due to the horse, and chariot races which took place at 
bis festival; otherwise, the two deities have nothing in common. 
According to another view, he was the god of good counsel, 
who was said to have " advised " Romulus to cany off the 
Sabine women (Ovid, Fasti, iii. 199) when they visited Rome 
for the first celebration of his festival (Consualia). In later 
times, with the introduction of Greek gods into the Roman 
theological system, Census, who had never been the object of 
special reverence, sank to the level of a secondary deity, whose 
character was rather abstract and intellectual. 

His festival was celebrated on the a 1st of August and the 
15th of December. On the former date, the flamen Quirinalis, 
assisted by the vestals, offered sacrifice, and the pontifices 
presided at horse and chariot races in the circus. It was a day 
of public rejoicing; all kinds of rustic amusements took place, 
amongst them running on ox-hides rubbed with oil (like the. 
Gr- aajcoXiaapos). Horses and mules, crowned with garlands, 
were given rest from work. A special feature of the games ia 
the circus was chariot racing, in which mules, as the oldest 
draught beasts, took the place of horses. The origin of these 
games was generally attributed to Romulus; but by some 
they were considered an imitation of the Arcadian ftrxospoxoa 
introduced by Evander. There was a sanctuary of Consus on 
the Aventine, dedicated by L. Papirius Cursor in 273,. in early 
times wrongly identified with the altar in the circus. . 

See W. W. Fowler, The Roman Festivals (1890);. G. Wiasowa, 
Religion und Kultus der RSmer (1902); Prcller-Joraan. Pdmiscki 
Mythologie (1881). ^ 

CONTANGO, a Stock Exchange term for the rate of interest 
paid by a " bull " who has bought stock for the rise and does 
not intend to .pay for it when the Settlement arrives. He 
arranges to caxry over or continue his bargain, and does so by 
entering into a fresh bargain with his seller, or some other party, 



24 



CONTARINI— CONTB 



by which he sells the stock lor the Settlement and buys St again 
for the next, the price at which the bargain is entered being 
called the making-up price. The rate that he pays (or this 
accommodation, which amounts to borrowing the money 
Involved until the next Settlement, is called the contango. 

CONTARINI, the name of a distinguished Venetian family, 
who gave to the republic eight doges and many other eminent 
citizens. The story of their descent from the Roman family 
of Cotta, appointed prefects of the Reno valley (whence Cotta 
Reni or Conti del Reno), is probably a legend. One Mario Con- 
tarini was among the twelve electors of the doge Paulo Lucio 
Anafcsto in 697. Domenko Contarini, elected doge in 1043, 
subjugated rebellious Dalmatta and recaptured Grado from the 
patriarch of Aquileia. He died in 1070. Jacopo was doge 
from 1 27 $ to 1 280. Andrea was elected doge in 1 367 , and during 
his reign the war of Chioggia took place (1380); he was the 
first to melt down his plate and mortgage his property for the 
benefit of the state. Other Contarini doges were: Francesco 
(1623-16*4), Niccold ( 1 630-163 1 ), who built the church of the 
Salute, Carlo (1655-1636), during whose reign the Venetians 
gained the naval victory of the Dardanelles, Domenko (^650- 
1675) and Alvbe (1676-1684). There were atone time no less 
. than eighteen branches of the family; one of the most important 
wis that of Contarini dallo Zaffo or di Giaffa, who had been 
invested with the countship of Jaffa in Syria for their services to 
Caterina Cbrnaro, queen of Cyprus; another was that of Con- 
tarini degli Scrigni (of the coffers), so called on account of their 
great wealth. Many members of the family distinguished 
themselves in the service of the republic, in the wars against the 
Turks, and no less than seven Contarini fought at Lepanto. 
One Andrea Contarini was beheaded in 1430 for having wounded 
the doge Francesco Foscari (q.v.) on the nose. Other members 
of the house were famous as merchants, prelates and men of 
letters; among these we may mention Cardinal Gasparo Con- 
tarini (1483-1542), and Marco Contarini (1631-2689), who was 
celebrated as a patron of music and collected at his villa of 
Hazzola a large number of valuable musical MSS., now in the 
Marciana library at Venice. The family owned many palaces in 
various parts of Venice, and several streets still bear its name. 

See J. Fontana, "Sulla patriria famiglia Contarini," in 7/ 
Gondolxere (1843). (L- V.») 

CONTAT, LOUISE FRANytMSB (1 760-1813), French actress, 
made her dlbut at the Comidie Francaise in 1766 as Atalide in 
Bajaut. It was in comedy, however, that she made her first 
success, as Suzanne in Beaumarehais's Mortage de Figaro; and 
in several minor character parts, which she raised to the first 
Importance, and as the soubrette in the plays of Moliere and 
Marivaua, she found opportunities exactly fitted to her talents. 
She retired in 1809 and married de Parny, nephew of the poet. 
Her sister Marie £railie Contat (1760-1846), an admirable 
soubrette, especially as the pert servant drawn by Moliere and 
de Regnard, made her dibut in 1784, and retired in 1815. 

CONTB, literally a " story," derived from the Fr. contcr, to 
narrate, through low Lat. and Provencal forms contort and 
eomlar. This word, although not recognized by the New English 
Dictionary as an English term, is. yet so frequently used in 
English literary criticisms that some definition of it seems to be 
demanded. A conte, in French, differs from a recit or a rapport 
in the element of style; it may be described as an anecdote told 
with deliberate art, and in this introduction of art lies its peculiar 
literary value. According to Littrfc, there is no fundamental 
difference between a conic and a roman, and all that can be said 
Is that the conk is the generic term, covering long stories and 
short alikd whereas the roman (or novel) must extend to a 
certain length. But if this is the primitive and correct significa- 
tion of the word, it is certain that modern criticism thinks of a 
conk essentially as a short story, and as a short story exclusively • 
occupied in illustrating one set of ideas or one disposition of 
Character. As early as the 13th century, the word is used in 
French literature to describe an anecdote thus briefly and 
artistically told, in prose or verse. The fairy-tales of Pcrrault 
and the apologues of La Fontaine were alike spoken of as contes, 



and stories of peculiar extiaVaJftce weft know* as Conttsthus, 
because they were issued to the common public in coarse blue 
paper covers. The most famous contes in the i8ih century were 
those of Voltaire, who has been described as having invented 
the ante philosophiqtte. But those brilliant stories, Caadidt, 
Zadig, L'Ingenu, La Princessede Babylon* and Le Taurtau None, 
are not, in the modern sense, conies at all. The longer of these 
are rontons, the shorter nouveUes; not one has the anecdotkal 
unity required by a conte. The same may be said of those of 
Marmontel, and of the insipid imitations of Oriental fancy which 
were so popular at the dose of the 18th century. The most per- 
fect recent writer of conUs is certainly Guy de Maupassant, and 
his celebrated anecdote called " Boule de suif " may be taken 
as an absolutely perfect example of this class of literature, the 
precise limitations of 'which it is difficult to define. (E. G) 

CONT& NICOLAS JACQUES (1755-1805), French mechanical 
genius, chemist and painter, was born at Aunou-sur-Orne, near 
Sees, on the 4th of August 1 755, of a family of poor farm labourers. 
At the age of fourteen he displayed precocious artistk talent 
in a scries of religious panels, remarkably fine in colour and 
composition, for the principal hospital of Sees, where he was 
employed to help the gardener. With the advice of Grouse he 
took up portrait painting, quickly became the fashion, and bid 
by in a fewyears a fair competency; From that time he gave free 
rein to his passion for the mechanical aits and scientific studies. 
He attended the lectures of J. A. C. Charles, L. N. Vaquelin and 
J. B. Leroy, and exhibited before the Academy of Science an 
hydraulic machine of bis own invention of which the model was 
the subject of a flattering report, and was placed in Charles's 
collection. The events of the Revolution soon gave him an 
opportunity for a further display of his inventive faculty. The 
war with England deprived France of plumbago; he substituted 
for it an artificial substance obtained from a mixture of graphite 
and day, and took out a patent in 1795 for the form of pencil 
which still bears his name. At this time he was associated with 
Monge and Berthollet in experiments in connexion with the 
inflation of military balloons, was conducting the school for that 
department of the engineer corps at Meudon, was perfecting the 
methods of producing hydrogen m quantity, and was appointed 
(1796) by the Directory to the command of all the aerostatic 
establishments. He was at the head of the newly created 
Conservatoire des arts et mitiers, and occupied himself with 
experiments in new compositions of permanent colours, and in 
1798 constructed a metal-covered barometer for measuring 
comparative heights, by observing the weight of mercury 
issuing from the tube. Summoned by Bonaparte to take part 
as chief of the aerostatic corps in the expedition to Egypt, he 
considerably extended his field of activity, and for three years 
and a half was, to quote Berthollet, " the soul of the colony." 
The disaster of Aboukir and the revolt of Cairo had caused the 
loss of the greater part of the instruments and munitions taken 
out by the French. Conti, who, as Monge says, " had every 
science in his head and every art in his hands," and whom the 
First Consul described* as " good at every thing." seemed to be 
everywhere at once and triumphed over apparently insur- 
mountable' difficulties. He made, in an almost uncivilized 
country, utensils, tools and machinery of every sort from simple 
windmills to stamps for minting coin. Thanks to his activity 
and genius, the expedition: was provided with bread, cloth, arms 
and munitions of war; the engineers with the exact tools of 
their trade; the surgeons with operating instruments. He 
made the designs, built the models, organized and supervised 
the manufacture, and seemed to be able to invent immediately 
anything required. On his return to France in 1802 he was 
commissioned by the minister of the interior, Chaptal, to super- 
intend the publication of the great work of the commission on 
Egypt, and an engraving machine of his construction materially 
shortened this task, which, however, he did not live to set 
finished. He died at Paris on the 6th of December 1805 
Napoleon had included him in his first promotions to the Legiox 
of Honour. A bronze statue was erected to his memory in 1 85 \ 
at Sees, by public subscription. - 



CONTEMPT OP COURT 



*5 



OF COURT, 1a- English law,, any disobedience 
or d isr e sp ect to the authority or privileges of a legislative body, 
or interference with the administration of a court of justice. 

1. The High C**rt <tf Parliament. Each of the two houses 
of Parliament has by the law and aistom of parliament power 
to protect its freedom, dignity and authority against insult, 
disregard or violence by resort to its own process and not to 
ordinary courts of law and without having its process interfered 
with by those courts. The nature and links of this authority 
to punish for contempt have been the subject of not infrequent 
conflict with the courts of law, from the time when Lord Chief 
Justice Heft threatened to commit the speaker for attempting 
to stop the trial of Ashby v. White (i 701), as a breach of privilege, 
to the cases of BurdeU v. Abbott (iftio), Sttckdek v. Hcmscrd 
and Howard v. Cosset (1843, 1643), and Bradlougk v. Gosset 
{18S4). It fa now the accepted view that the power of either 
House to punish contempt is exceptional and derived from 
indent usage, and does not flow from their being courts of 
record. Orders for committal by the Commons are effectual 
only while the House sits; orders by the Lords may bo for a 
time specified, In which event prorogation does not operate as 
a discharge of the offender. It was at one time considered that 
the privilege of committing for contempt was inherent in every 
deliberative body invested with authority by the constitution, 
and consequently that colonial legislative bodies had by the 
nature of their functions the power to commit for contempt. 
Bat in Kidley v. Carson (1843; 4 Moore, P.C. 63) it was held 
that the power belonged to parliament by ancient usage only 
and not on the theory above stated, and in each colony it is 
ac ce ssary to inquire how far the colonial legislature has acquired, 
by order in council or charter or from the imperial legislature, 
power to punish breach of privilege by imprisonment or com- 
anttal for contempt. This power has in some cases been given 
directly, in others by authority to make laws and regulations 
under sanctions like those enforced by the Houses of the imperial 
parliament. In the case of Nova Scotia the provincial assem- 
bly has power to give itself by statute' authority to commit 
(or contempt (Fielding v. Thames, 1896; L.R.A.C. 600). In 
Berlan v. Tayter (z886; xi A.C. 107) the competence of the 
legislative assembly of New South Wales to make standing 
orders punishing contempt was recognized to exist under the 
cobnml constitution, but the particular standing orders under 
consideration are hold not to cover the acts which had been 
pmmhrri. (See May, Pari. /V., 10th ed., 1606; Anson, Law 
end Cnstom 0/ the Consiiiutivn, 3rd ed., 1897.) 

2. Courts 0} Justice. The term contempt of court, when used 
with reference to the courts or persons to whom the exercise 
of the judicial functions of the crown has been delegated, means 
■suit offered to such court or person by deliberate defiance of 
its authority, disobedience to its orders, interruption of its 
proceedings or interference with the due course of justice, or 
any conduct calculated or tending to bring the authority or 
administration of the law into disrespect or disregard, or to 
interfere with or prejudice parties or witnesses during the 
fitigaiion. The ingenuity of the judges and of those who are 
concerned to defeat or defy justice have rendered contempt 
almost Protean in its character. But for practical purposes 
most, if not all, contempts fall within the classification which 
follows;— 

(a) Disobedience to the judgment or order of a court com- 
manding the doing or abstaining from a particular act. eg. an 
order to execute a conveyance of property or an order on a 
person in a fiduciary capacity to pay into court trust moneys 
as to which he is an accounting party. This includes disobedience 
by the members of a local authority to a mandamus to do some 
act which they are by law bound to do; and proceedings for 
contempt have been taken in the case of guardians of the poor 
who have refused to enforce the Vaccination Acts, e.g. at 
KfigMey and Leicester, and of town councillors who have 
refused to comply with an order to take specified measures to 
drain their borough (e.g. Worcester). This process for compelling 
obedience is in substance a process of civil execution for the 



benefit of the injured party rather than a criminal process for 
punishing the disobedience; and for purposes of appeal orders 
deakng with these forms of contempt have hitherto been treated 
as civil proceedings. 

(b) Disobedience by inferior judges or magistrates to the 
lawful order of a superior court. Such disobedience, if amounting} 
to wilful misconduct, would usually give ground for amotion 
or removal from office, or for prosecution or indictment or 
information for misconduct (Archbold, Criwunol PUadi*i t 147, 
ajrd ed.). 

(c) Disobedience or misconduct by executive officers of the 
law, ajt. sheriffs and. their bailiffs or gaolers. The contempt 
consists in not complying with the terms of writs or warrants 
sent for execution. For instance, a judge of assize having 
ordered the court to be cleared on account of some disturbance, 
the high sheriff issued a placard protesting against " this un* 
lawful proceeding,"* and "prohibiting his officer from aiding 
and abetting any attempt to bar out the public from free access 
to the court." The lord chief justice of England, sitting in the 
other court, summoned the sheriff before him and fined him 
£500 for the contempt, and £500 more for persisting in addressing 
the grand jury in court, after Ke had been ordered to desist. 
A sheriff who fails to attend the assizes is liable to severe fine 
as being in contempt (Oswald, 51). And in Harvey's case 
(1884, 36 O. D. 644) steps were taken to attach a sheriff who 
had failed to execute a writ of attachment for contempt of court 
in the mistaken belief that he was not entitled to break open 
doors to take the person in contempt. The Sheriffs Act 1887 
enumerates many instances in which misconduct is punishable 
under that act, but reserves to superior courts of record power 
to deal with such misconduct as a contempt (s. 29). 

(d) Misconduct or neglect of duty by subordinate officials 
of courts of justice, including solicitors. In these cases it is 
more usual for the superior authorities to remove the offender 
from office, or for disciplinary proceedings to be instituted by 
the Law Society. But in the case of an unqualified person 
assuming to act as a solicitor or in the case of breach of an 
undertaking given by a solicitor to the court, proceedings for 
contempt are still taken. 

(e) Misconduct by parties, jurors or witnesses. Jurors who 
fail to attend in obedience to a jury summons and witnesses 
who fail to attend on subpoena are liable to punishment for 
contempt, and parties, counsel or solicitors who practise a 
fraud on the court are similarly liable. 

if) Contempt in facie curiae. " Some contempts," says 
Blackstone, " may arise in the face of the court, as by rude 
and contumelious behaviour, by obstinacy, perverseness or 
prevarication, by breach of the peace, or any wilful disturbance 
whatever"; in other words, direct insult to or interference 
with a sitting court is treated as contempt of the court. It is 
immaterial whether the offender is juror, party, witness, counsel, 
solicitor or a stranger to the case at hearing, and occasionally 
it is found necessary to punish for contempt persons under 
trial for felony or misdemeanour if by violent language or conduct 
they interrupt the proceedings at their trial. Judges have even 
treated as contempt, the continuance outside the court-bouse 
after warning of a noise sufficient to disturb the* proceedings 
of the court; and in Victoria Chief Justice Higginbotbam 
committed for contempt a builder who persisted after warning 
in building operations dose to the central criminal court in 
Melbourne, which interfered with the due conduct of the business 
of the sittings. 

(i) Attempts to prevent or interfere with the due course 
of justice, whether made by a person interested in a particular 
case or by an outsider. This branch of contempt takes many 
forms, such as frauds on the court by justices, solicitors or counsel 
(r.jg. by fraudulently circularizing shareholders of a company 
against which a winding-up petition had been filed), tampering 
with witnesses by inducing them through threats or persuasion 
not to attend or to withhold evidence or to commit perjury, 
threatening judge or jury or attempting to bribe them and the 
like; and also by " scandalizing the court itself by. abusing 



J6 



CONTEMPT OP COURT 



the parties concerned In a pending case, or by creating prejudice 
against such persons before their cause is heard. 

The locus classic™ on the subject of contempt by attacks 
on judges is a judgment prepared by Sir Eardley-Wilmot in the 
' case of an application for an attachment against 
J. Almon in 1765, for publishing a pamphlet libelling 
the court of king's bench. The judgment was not 
actually delivered as the case was settled, but has long 
been accepted as correctly stating the law. Sir Eardley-Wilmot 
said that the offence of libelling judges in their judicial capacity 
is the most proper case for an attachment, for the " arraignment 
of the justice of the judges is arraigning the king's justice; it 
is an impeachment of his wisdom and goodness in the choice of 
his judges; and excites in the minds of the people a general 
dissatisfaction with all judicial determinations, and indisposes 
their minds to obey them. To be impartial, and to be universally 
thought so, are both absolutely necessary for the giving justice 
that free, open and uninterrupted current which it has for many 
ages found all over this kingdom, and which so eminently 
distinguishes and exalts it above all nations upon the earth." 
Again, " the constitution has provided very apt and proper 
remedies for correcting and rectifying the involuntary mistakes 
of judges, and for punishing and removing them for any perver- 
sion of justice. But if their authority is to be trampled on by 
pamphleteers and news-writers, and the people are to be told 
that the power given to the judges for their protection is prosti- 
tuted to their destruction, the court may retain its power some 
little time, but I am sure it will eventually lose all its authority." 
The object of the discipline enforced by the court by proceed- 
ings for contempt of court is not now, if it ever was, to vindicate 
the personal dignity of the judges or to protect them from 
insult as individuals, but to vindicate the dignity and authority 
of the court itself and to prevent acts tending to obstruct the 
due course of justice. The question whether a personal invective 
against judges should be dealt with brevi manu by the court 
attacked, or by proceedings at the instance of the attorney- 
general by information or indictment for a libel on the adminis- 
tration of justice or on the judge attacked, or should be dealt 
with by a civil action for damages, depends on the nature and 
occasion of the attack on the judge. 

There has at times been a disposition by judges in colonial 
courts to use the process of the court to punish criticisms on 
their acts by counsel or parties or even outsiders, which the 
privy council has been prone to discourage. For instance in a 
Nova Scotia case a barrister was suspended from practice for 
writing to the chief justice of the province a letter relating to 
a case in which the barrister was suitor. The privy council 
while considering the letter technically a contempt, held the 
punishment inappropriate. In Macltod v. St Aubyn (1699, 
A.C. 549) it was said that proceedings for scandalizing the 
court itself were obsolete in England. But in 1900 the king's 
bench division, following the Almon case, summarily punished 
a scurrilous personal attack on a judge of assize with reference 
to his remarks in a concluded case, published immediately after 
the conclusion of the case (R. v. Gray, tooo, * Q.B. 36). The 
same measure may be meted out to those who publish invectives 
against judges or juries with the object of creating suspicion 
or contempt as to the administration of justice'. But the exist- 
ence of this power does not militate against the right of the press 
to publish full reports of trials and judgments or to make with 
fairness, good faith, candour and decency, comments and 
criticisms on what passed at the trial and on the correctness of 
the verdict or the judgment. To impute corruption is' said to go 
beyond the limits of fair criticism. Shortt (Law relating to 
Works of Literature) states the law to be that* the temperate and 
respectful discussion of judicial determination is not prohibited, 
but mere invective and abuse, and still more the imputation of 
false, corrupt and dishonest motives is punishable. In an 
information granted in 1788 against the corporation of Yarmouth 
for having entered upon their books an order " stating that the 
assembly were sensible that Mr W. (against whom an action had 
been brought for malicious prosecution, and a verdict for £3000 



returned, which the court refused to disturb) was acrxaterf by 
motives of public justice, of preserving the rights of the corpora- 
tion to their admiralty jurisdiction, and of supporting the honour 
and credit of the chief magistrate, " Mr Justice Buller said, " The 
judge and jury who tried the case, confirmed by the court of 
common pleas, have said that instead of his having been actuated 
by motives of public justice, or by any motives which should 
influence the actions of an honest man, he had been actuated 
by malice. These opinions are not reconcilable; if the one be 
right the other must be wrong. It is therefore a direct insinua- 
tion that the court had judged wrong in all they have done in 
this case, and is therefore clearly a libel on the administration of 
justice." 

The exact limits of the power to punish for contempt of court 
in respect of statements or comments on the action of judges and 
juries, or with reference to fending proceedings, have been the 
subject of some controversy, owing to the difficulty of reconciling 
the claims of the press to liberty and of the public to free dis- 
cussion of the proceedings of courts of justice with the claims of 
the judges to' due respect and of the parties to litigation that 
their causes should not be prejudiced before trial by outside inter- 
ference. As the law now stands it is permissible to publish con- 
temporaneous reports of the proceedings in cases pending in any 
court (Law of Libel Amendment Act 1888, s. 3), unless the 
proceedings have taken place in private (i» camera), or the court 
has in the interests of justice prohibited any report until the case 
is concluded , a course now rarely, if ever, adopted. But it is not 
permissible to make any comments on a pending case calculated 
to interfere with the due course of justice in the case, nor to 
publish statements about the cause or the parties calculated 
to have that effect. This rule applies even when the case has 
been tried and the jury has disagreed if a second trial is in 
prospect. Applications are frequently made to commit pro- 
prietors and editors who comment too freely or who undertake 
the task of trying in their newspapers a pending case. The courts 
are now slow to move unless satisfied that the statements or 
comments may seriously affect the course of justice, e.g. by 
reaching the jurors who have to try the case. 

The difference between pending and decided cases has been 
frequently recognized by the courts. What would be a fair 
comment in a decided case may tend to influence the mind 
of the judge or the jury in a case waiting to be heard, and will 
accordingly be punished as a contempt. In Tickborne v. Jdostyu 
the publisher of a newspaper was held to have committed a 
contempt by printing in his paper extracts from affidavits in a 
pending suit, with comments upon them. In the case of R. v. 
Castro it was held that after a true bill has been found, and the 
indictment removed into the court of queen's bench, and a day 
fixed for trial, the case was pending; and it was a contempt 
of court to address public meetings, alleging that the defendant 
was not guilty, that there was a conspiracy against the defendant, 
and that he could not have a fair trial; and the court ordered 
the parties to answer for their contempt. In the case of the Moat 
Farm murder (1903) the high court punished as contempt a 
series of articles published in a newspaper while the preliminary 
inquiry was proceeding and before the case went to a jury 
(R. v. Parker, iooj, a K.B. 43^). The like course was followed 
in 1905 in the case of statements made in a Welsh newspaper 
about a woman awaiting trial for attempted murder (/? v. 
Dames, toco, 1 K.B. 31); and in the case of the Weekly Z>£ s « 
patch in 1002 (R. v. Tibbitsand Windusl, t K.B. 77), two journal* 
ists were tried on indictment, and held to have been rightly 
convicted, for conspiring to prevent the course of justice *>> 
publishing matter calculated to interfere with the fair trial oj 
persons who were under accusation. 

" In the superior courts the power of committing for con. 
tempt is inherent in their constitution, has been coeval with tH««] 
original institution and has been always exercised M rh 
(Oswald, On Contempt, 3). The high court fn which aJnU*^ 
these courts are merged is the only court which has > « < » ^ a«j 
a general jurisdiction to deal summarily with all forms •*»•• 
of contempt. Each division of that court deals «^ft1 



CGNTI, PRINCES OF 



&7 



the particular contempts arising with reference to proceedings 
be/ore the division; but the king's bench division, in the exercise 
of the supervisory authority inherited from the old court of king's 
bench as custos merum, also from time to time deals with acts 
constituting interference with justice in other inferior courts 
whether of record or not. The nature and limits of Ibis jurisdic- 
tion after much discussion have been defined by decisions in 1003 
and 1905 in attempts to try by newspapers cases under inquiry 
by justices or awaiting trial at assises or quarter sessions. The 
exercise; of this authority in the king's bench division, being in 
a criminal cause or matter, is not the subject of appeal to any 
higher court. 

Inferior courts of record have, as a. general rule, power to 
punish only those contempts which ace committed in facie curia* 
or consist in disobedience to the lawful orders or judgments of 
the court. For instance, a county court may summarily punish 
persons who insult the judge or any officer of the court or any 
juror or witness, or wilfully interrupt the proceedings, or mis- 
behave in the court-house (County Court Act 1888, s. 162), and 
nay also attack persons who having means refuse to comply 
with an order to pay money, or refuse to comply with an order 
to deliver up a specific chattel or disobey an injunction. A court 
of quarter sessions has at common law a like power as to con- 
tempts is facie curiae and is said to have power to punish its 
officials for contempt in non-attendance or neglect of duty. 

Contempt of court is a misdemeanour and is punishable by 
fine and imprisonment or either at discretion. The offence may 
be tried summarily, or may be prosecuted on informa- 
tion or on indictment as was done in the case of the 
Weekly Dispatch already mentioned. The prerogative 
of pardon extends to all contempts of court which are dealt with 
by a sentence of clearly punitive character; but it is doubtful 
whether it extends to committals for disobedience to orders 
sade in aid of the execution of a civil judgment. 

Contempt is usually dealt with summarily by the court con- 
temned in the case of contempt in jack curiae. The offender 
may be instantly apprehended and without further proof or 
examination fined or sent to prison. In the case of other con* 
tempts the High Court not only can deal with contempts affecting 
itself, but can also intervene summarily to protect inferior courts 
from contempts. This jurisdiction was asserted and exercised 
in the Moat Farm case (1903) and the- South Waits, Past case 
(2905) already mentioned. 

Except in cases of contempt in facie curiae evidence on oath 
as to the alleged contempt must be laid befoie the court, and 
application made for the " committal " or " attachment " of 
the offender. The differences between the two modes are 
technical rather than substantial. 

The procedure for dealing with contempt of court varies 
somewhat according as the contempt consists in disobeying 
an order of the High Court made in a civil cause, or consists in 
interference with the course of justice by persons not present in 
court nor parties to the cause. In the first class of cases the court 
proceeds by order of committal or giving leave to issue writ of 
attachment. In either case the person said to be in contempt 
oust have full notice of the proposed motion and of the grounds 
on which he is said to be in contempt; and the rules regulating 
cuch proceedings must be strictly complied with (R. v. Tuck, 
1906, 2 Ch. 692). In proceedings on the crown side of the king's 
bench division it is still usual to apply in the first place for a rule 
tasi for leave to attach the alleged offender who is given an 
opportunity of explaining, excusing or justifying the incriminated 
*cts. It is essential that before punishment the alleged offender 
should have had full notice as to the specific offence charged 
and opportunity of answering to it. The king's bench procedure 
a that generally used for interference with the due course of 
criminal justice or disobedience to prerogative writs such as 
x&ndamus. 

An order of committal is an order in execution specifying the 
eat ore of the detention to be suffered, or the penally to be paid. 
The process of attachment merely brings the accused into court; 
he is then required to answer on oath mterrogatoriesadministered 



to him, so that the court may be better informed of the circunn 
stances of the contempt If he can clear himself on oath he is 
discharged; if he confesses the court will punish him by fine or 
imprisonment, or both, at its discretion. But in very many cases 
on proper apology and submission, and undertaking not to repeat 
the contempt, and payment of costs, the court allows the 
proceedings to drop without proceeding to fine or imprison. 

From time to time proposals have been made to deprive the 
superior courts of the power to deal summarily with contempts 
not committed in facie curiae, and to require proceedings on 
other charges for contempt to go before a jury. This distinction 
has already been made in some British colonies, e,g. British 
Guiana, by an ordinance of 1900 (No. 31). Recent decisions 
in England have so fully defined the limits of the offence and 
•declared the practice of the courts that it would probably only 
result in undue licence of the press if the power now carefully 
and judicially exercised of dealing summarily with journalistic 
interference with the ordinary course of justice were taken away 
and the delay involved in submitting the case to a jury were made 
inevitable. The courts now only act m clear cases, and in cases 
of doubt can always send the question to a jury. The experience 
of other countries makes it undesirable to part with the summary 
remedy so long as it is in the hands of a trusted judicature. 

i courts of session and justiciary have, 
1 ise the power of punishing contempt 

c proceeding by censure, fine or imprison- 

r ormal proceedings or a summary com- 

1 ffence is there in substance the same as 

1 1: 7 Rettie Justiciary 3; Smith, 18921 

2 

w of contempt is on the same lines as in 
1 arisen between the bench and popular 

c d religious differences, which have led 

t ies and not judges arbiters in cases of 

c 

, J Seas. — The courts of most British 
possessions have acquired and freely exercise the power of the court 
of king's bench to deal summarily with contempt of court; and. 
as already stated, it is not infrequently the duty of the privy council 
to restrain too exuberant a vindication of the offended dignity of a 
colonial court. (W. F. C.) 

GOOTI, PRINCES OF. The title of prince of Conti, assumed 
by a younger branch of the house of Condi, was taken from 
Conti-sur-Selles, a small town about 20 m. S.W. of Amiens, 
which came into the Condi family by the marriage of Louis of 
Bourbon, first prince of Condi, with Eleanor de Roye in 1551* 

Fiumcxms (1558-1614), the third son of this marriage, was 
given the title of marquis de Conti, and between 1581 and 1597 
was elevated to the rank of a prince. Conti, who belonged to 
the older faith, appears to have taken no part in the wars of 
religion until 1587, when his distrust of Henry, third duke of 
Guise, caused him to declare against the League, and to support 
Henry of Navarre, afterwards King Henry IV. of France. In 
1589 after the murder of Henry III., king of France, he was one 
of the two princes of the blood who signed the declaration 
recognizing Henry IV. as king, and he continued to support 
Henry, although on the death of Charles cardinal de Bourbon 
in 1500 he himself was mentioned as a candidate for the throne. 
In 1605 Conti, whose first wife Jeanne de Coeme, heiress of 
Bonnetable, had died in 1601, married the beautiful and witty 
Louise Marguerite (1574-1631), daughter of Henry duke of 
Guise and Catherine of Cleves, whom, but for the influence of 
bis mistress Gabrielle d'Estrees, Henry IV. would have made 
his queen. Conti died in 1614. His only child Marie having 
predeceased him in 1610, the title lapsed. His widow followed 
the fortunes of Marie de* Medici, from whom she received many 
marks of favour, and was secretly married to Francois de 
Bassompierre (?.».), who joined her in conspiring against Cardinal 
Richelieu. Upon the exposure of the plot the cardinal exiled 
her to her estate at Eu, near Amiens, where she died. The 
princess wrote Aventures de la cow de Perse, in which, under the 
veil of fictitious scenes and names, she tells the history of her 
own time. 

In 1639 the title of prince de Conti was revived in favour of 
Aemamo db Boubbon (1629-1666), second son of Henry II. of 



28 



CONTI, N. DE» 



Bourbon, print© of Condi, and brother -of Louis* the great 
Condi. He was destined for the church and studied theology 
at the university of Bourges, but although he received several 
benefices he did not take orders. He played a conspicuous 
part in the intrigues and fighting of the Fronde, became in 1648 
commander-in-chief of the rebel army, and in 1650 was with 
his brother Condi imprisoned at Vincennes. Released when 
Mazarin went into exile, he wished to marry Mademoiselle de 
Chevreuse (1627-1652), daughter of the famous confidante of 
Anne 6t Austria, but was prevented by his brother, who was now 
supreme in the state. He was concerned in the Fronde of 1651, 
but soon afterwards became reconciled with Mazarin, and in 
1654 married the cardinal's niece, Anne Marie Martinozzi 
(1630-1672), a*nd secured the government of Guienne, He took 
command of the army which in 1654 invaded Catalonia, where 
he captured three towns from the Spaniards. He afterwards 
led the French forces in Italy, but after his defeat before Ales- 
sandria in 1657 retired to Languedoc, where he devoted himself 
to study and mysticism until his death. At Clermont Conti had 
been a fellow student of Moliere's for whom he secured an 
introduction to the court of Louis XIV., but afterwards, when 
writing a treatise against the stage entitled Traits de la cotntdie 
et des spectacles scion les traditions de l'£glise (Paris, 1667), he 
charged the dramatist with keeping a school of atheism. Conti 
also wrote Lettres star la grdce, and Du devoir des grands et des 
devoirs des goimerneurs de province. 

Louis .Armand de Bourbon, prince.de Conti (166 1-1685), 
eldest son of the preceding, succeeded his father in 1666, and in 
1680 married Marie Anne, a daughter of Louis XIV. and Louise 
de la Vallttre, He served with distinction in Flanders in 1683, 
and against the wish of the king went to Hungary, where he 
'assisted the Imperialists to defeat the Turks at Gran in 1683. 
After a dissolute life he died at Fontainebleau from smallpox. 

Francois Louis de Bourbon, prince de Conti (1664-1709), 
younger brother of the preceding, was known until 1685 as prince 
de la Roche-sur-Yon. Naturally of great ability, he received 
an excellent education and was distinguished both for the 
independence of his mind and the popularity of his manners. 
On this account he was not received with favour by Louis XXV.; 
so in 1683 he assisted the Imperialists in Hungary, and while 
there he wrote some letters in which he referred to Louis as It 
toi du thidlre, for which on his return to France he was temporarily 
banished to Chantilly. Conti was a favourite of his uncle the 
great Condi, whose grand-daughter Marie The'rese de Bourbon 
(1666-1732) he married in 1688. In 1689 he accompanied his 
intimate friend Marshal Luxembourg to the Netherlands, and 
shared in the French victories at Fleurus, Steinkirk and Neer- 
winden. On the death of his cousin, Jean Louis Charles, due 
de Longuevillc (1646-1694), Conti in accordance with his 
cousin's will, claimed the principality of Neuchatel against 
Marie, duchesse de Nemours (1625-1707), a sister of the duke. 
He failed to obtain military assistance from the Swiss, and by 
the king's command yielded the disputed territory to Marie, 
although the courts of law had decided in his favour. In 1697 
Louis XIV. offered him the Polish crown, and by means of 
bribes the abbe de Polignac secured his election. Conti started 
rather unwillingly for his new kingdom, probably, as St Simon 
remarks, owing to his affection for Francoisc, wife of Philip II., 
duke of Orleans, and daughter of Louis XIV. and Madame de 
Montespan. When he reached Danzig and found his rival 
Augustus IL, elector of Saxony, already in possession of the 
Polish crown, he returned to France, where he was graciously 
received by Lows, although St Simon says the king was vexed 
to see him again. But the misfortunes of the French armies 
during the earlier years of the war of the Spanish Succession 
compelled Louis to appoint Conti, whose military renown stood 
very high, to command the troops in Italy. He fell ill before 
he could take the field, and died on the 9th of February 1709, 
his death calling forth exceptional signs of mourning from all 
classes. 

Louis Armand de Bourbon, prince de Conti (1696-1727), 
eldest son of the preceding, was treated with great liberality 



by Louis XIV., and also by the regent, Philip duke of Orleans. 
He served under Marshal Viilars in the War of the Spanish 
Succession, but he lacked the soldierly qualities of his father. 
In 1 7 13 he married Louise Elisabeth (1693-1775), daughter of 
Louis Henri de Bourbon, prince de Condi, and grand-daughter 
of Louis XIV. He Was a prominent supporter of the financial 
schemes of John Law, by which he made large sums of money. 

Louis Francois de Bourbon, prince de Conti (1717-1776), 
only son of the preceding, adopted a military career, and when 
the war of the Austrian Succession broke out in 1 741 accompanied 
Charles Louis, due de Belle-Isle, to Bohemia. His services 
there led to his appointment to command the army in Italy, 
where he distinguished himself by forcing the pass of Villafranca 
and winning the battle of Coni in 1 744. In 1 745 he was sent to 
check the Imperialists in Germany, and in 1746 was transferred 
to the Netherlands, where some Jealousy between Marshal Saxe 
and himself led to his retirement in 1747. In this year a faction 
among the Polish nobles offered Conti the crown of that country, 
where owing to the feeble health of King Augustus III. a vacancy 
was expected. He won the personal support of Louts XV. for 
his candidature, although the policy of the French ministers 
was to establish the house of Saxony in Poland, as the dauphiness 
was a daughter of Augustus. Louis therefore began secret 
personal. relations with his ambassadors in eastern Europe, who 
were thus receiving contradictory instructions; a policy known 
later as the secret du rot. Although Conti did not secure the Polish 
throne he remained in the confidence of Louis until 1755, when 
his influence was destroyed by the intrigues of Madame de 
Pompadour; so that when the Seven Years' War broke out in 
1756 he was. refused the command of the army. of the Rhine, 
and began the opposition to the administration which caused 
Louis to refer to him as " my cousin the advocate." In 1771 
he was prominent in opposition to the chancellor Maupeou. 
He supported the pariements against the ministry, was especially 
active in his hostility to Turgot, and was suspected of aiding a 
rising which took place at Dijon in 1775. Conti, who died on 
the »nd of August 1776, inherited literary tastes from his father, 
was a brave and skilful general, and a diligent student of military 
history. His house, over which the comtesse de Boufflcrs 
presided, was the resort of many men of letters, and he was a 
patron of Jean Jacques Rousseau. 

Louis Francois Joseph, prince de Conti (1734-1814), son 
of the preceding, possessed considerable talent as a soldier, and 
distinguished himself during the Seven Years' War. He took 
the side of Maupeou in the struggle between the chancellor and 
the pariements, and in 1788 declared that the integrity of the 
constitution must be maintained. He emigrated owing to the 
weakness of Louis XVI., but refused to share in the plans foi 
the invasion of France, and returned to his native country ir 
1790. Arrested by order of the National Convention in 1793 
he was acquitted, but was reduced to poverty by the confiscation 
of his possessions. He afterwards received a pension, but tht 
Directory banished him from France, and as he refused to shan 
in the phots of the royalists he lived at Barcelona till his dcatl 
in 1814, when the house of Conti became extinct. 

See F. dc Bassompierre, Uimoittx (Paris, 1877); G. TaTleman 
dot Rcaux. JJistoriettes (Paris, 1854-1860); L. de R. due dc Sain 
Simon,. Mtmoircs (Paris, 1873); C E. duchesse d 'Orleans, Aiemotr* 
(Paris, 1880); R. L. Marquis d'Argcnson, Journal e$ mfmoir* 
(Paris, 1859-1865); F. J. de P. cardinal dc Bcrais, Uimoires i 
letXres (Paris, 1878); I. V. A. due de Broglie, Le Secret du rat (Pari 
1878); P. A. Chcrucl, Histoire de la minoriti de Louis XI V rt d 
mtnistere de Mazarin (Paris, 1879); E. Boutaric, Correspondan 
secrete de Louis XV sur la politique Itrangire (Paris, 1866) ; 1 
Foncin, Essai sur le ministere de Turgot (Pans. 1877) : E. Bourgc-o 
Neuch&lel et la politique pruuienne on Francke-Comti (Paris, 1 877 ) . 

CONTI, NICOLO DE* (fl. 1419-1444), Venetian explorer ar 
writer, was a merchant of noble family, who left Venice alx>» 
1419, on what proved an absence of 25 years. Wc next fir 
him in Damascus, whence he made his way over the nor 1 
Arabian desert, the Euphrates, -and southern Mesopotami 
to Bagdad. Here he took ship and sailed down the Tigris 
Basra and the head of the Persian Gulf; he next descend 
the gulf to Ormuz, coasted along the Indian Ocean shore 



CONTINENT 



*9 



Persia (at one port of which he remained some time, and entered 
into a business partnership with some Persian merchant*), and 
so reached the gulf and city of Cambay, where he began his 
IaJian life and observations. He next dropped down the west 
coast of India to Ely, and struck inland to Vijayanagar, the 
capital of the principal Hindu state of the Deccan, destroyed 
w 1555. Of this city Conti gives an elaborate description, one 
oi the most interesting portions of his narrative. From Vijay- 
a--a*ar and the Tungabudhra he travelled to Maliapur near 
Mulras, the traditional resting-place of the body of St Thomas, 
2nd the holiest shrine of the native Nestorian Christians, then 
" scattered over all India," the Venetian declares, " as the Jews 
are among us." The narrative next refers to Ceylon, and gives 
a very accurate account of the Cingalese cinnamon tree; but, 
if Conti visited the island at all, it was probably on the return 
journey. His outward route now took him to Sumatra, where 
be stayed a year, and of whose cruel, brutal, cannibal natives 
be gained a pretty full knowledge, as of the camphor, pepper 
and gold of this " Taprobana." From Sumatra a stormy 
wiyage of sixteen days brought him to Tenasserim, near the 
head of the Malay Peninsula. We then find him at the mouth 
of the Ganges, and trace him ascending and descending that 
river (a journey of several months), visiting Burdwan and 
Aracan, penetrating into Burma, and navigating the Irawadi to 
Aw He appears to have spent some time in Pegu, from which 
be again plunged into the Malay Archipelago, and visited Java, 
fits farthest point. Here he remained nine months, and then 
began his return by way of Ciampa (usually Cochin-China in 
later medieval European literature, but here perhaps some mora 
westerly portion of Indo-China); a month's voyage from 
Gimpa brought him to Cohen, doubtless Rulam or Quflon, in 
the extreme south-west of India. Thence he continued his 
homeward route, touching at Cochin, Calicut and Cambay, to 
Sokotra, which he describes as still mainly inhabited by Nestorian 
Christians; to the " rich city " of Aden, " remarkable for its 
buildings "; to Gidda or Jidda, the port of Mecca; over the 
desert to Carrot or Cairo; and so to Venice, where he arrived 
a 1444- 

As a penance for his (compulsory) renunciation of the Christian 
hhh during bis wanderings, Eugcnius IV. ordered him to relate 
fait history to Poggio Bracciolini, the papal secretary. The 
aamtive closes with Contt's elaborate replies to Poggio's question 
co Indian life, social classes, religion, fashions, manners, customs 
iad peculiarities of various kinds. Following a prevalent 
fashion, the Venetian divides his Indies into three parts, the first 
extending from Persia to the Indus; the second from the Indus 
to the Ganges; the third including all beyond the Ganges; 
this last he considered to excel the others in wealth, culture 
aad magnificence, and to be abreast of Italy in civilization. 
We may note, moreover, Conti's account of the bamboo in the 
Ganges valley; of the catching, taming and rearing of elephants 
in Burma and other regions; of Indian tattooing and the use 
of leaves for writing; of various Indian fruits, especially the 
•ack and mango; of the polyandry of Malabar; of the cock- 
fighting of Java; of what is apparently the bird of Paradise; 
oi Indian funeral ceremonies, and especially tutUt; of the self- 
mutilation and immolation of Indian fanatics; and of Indian 
magic, navigation (" they are not acquainted with the compass "), 
jsaace, &c Sevesal venerable legends are reproduced; and 
Conti's name-forms, partly through Poggio's vicious classicism, 
are often absolutely unrecognisable; but on the whole this is 
the best account of southern Asia by any European oi the 
15th century; while the traveller's visit to Sokotra is an almost 
though not quite unique performance for a Latin Christian of 
the middle ages. 

The original Latin 2s in Poggio's De larietate Fortxnae, book iv.; 
«e the edition of the Abbe Oliva (Paris, 1 723). The Italian version, 
printed in Ramusio's Navigation* el viaggt, vol. L. is only from 
a Portuguese translation made in Lisbon. An English translation 
*-rth short notes was made by J. Winter Jones tor the Hakluyt 
Society in the vol entitled India in the Fifteenth Century (London, 
(b 57> ; an introductory account of the traveller and his work by 
&. 11. Major precedes. (CUB.) 



COHTINEHT (from Lat. can/mere, "to hold together"; 

hence " connected," " continuous "), a word used in physical 
geography of the larger continuous masses of land in contrast to 
the great oceans, and as distinct from the submerged tracts 
where only the higher parts appear above the sea, and from 
islands generally. 

On looking at a map of the world, continents appear generally 
as wedge-shaped tracts pointing southward, while the oceans 
have a polygonal shape. Eurasia is in some sense an exception, 
but all the southern terminations of the continents advance 
into the sea in the form of a wedge— South America, South 
Africa, Arabia, India, Malaysia and Australia connected by a 
submarine platform with Tasmania. It is difficult not to 
believe that these remarkable characters have some relation 
to the structure of the great globe-mass, and according to T. C 
Chamberlin and R. D. Salisbury, in their Geology (1006), " the 
true conception is perhaps that the ocean basins and continental 
platforms are but the surface forms of great segments of the 
lithosphere, all of which crowd towards the centre, the stronger 
and heavier— the ocean basins— taking precedence and squeezing 
the weaker and lighter ones — the continents— between them." 
" The area of the most depressed, or master segments, is almost 
exactly twice that of the protruding or squeezed ones. This 
estimate includes in the latter about 10,000,000 sq. m. now 
covered with shallow water. The volume of the hydrosphere 
is a little too great for the true basins, and it runs over, covering 
the borders of the continents " (see Continental Shelf) . Several 
theories have been advanced to account for the roughly triangular 
shape of the continents, but that presenting the least difficulty 
is the one expressed above, "since in a spherical surface divided 
into larger and smaller segments the major part should be 
polygonal.whilc the minor residual segments are more likely 
to be triangular." 

As bearing on this geological idea, it is interesting to notice 
in this connexion that the areas of volcanic activity are mostly 
where continent and ocean meet; and that around the continents 
there is an almost continuous "deep" from too to 300 m, 
broad, of which the Challenger Deep (11,400 ft.) and the great 
Tuscarora Deep are fragments. If on a map of the world a 
broad inked brush be swept seawards round Africa, passing 
into the Mediterranean, round North and South America, 
round India, then continuously south of Java and round Australia 
south of Tasmania and northward to the tropic, this broad band 
will represent the encircling ribbon-like " deep," which gives 
strength to the suggestion that the continents in their main 
features are permanent forms and that their structural connexion 
with the oceans is not temporary and accidental. The great 
protruding or " squeezed " segments are the Eurasian (with 
an area roughly of twenty-four, reckoning in millions of square 
miles), strongly ridged on the south and east, and relatively 
flat on the north-west; the African (twelve), rather strongly 
ridged on the east, less abruptly on the west and north; the 
North American (ten), strongly ridged on the west, more gently 
on the east, and relatively flat On the north and in the interior; the 
South American (nine), strongly ridged on the west and somewhat 
oh the north-east and south-east, leaving ten for the smaller 
blocks. The sum of these will represent one-third of the earth's 
surface, while the remaining two-thirds Is covered by the ocean. 

The foundation structure of the continents is everywhere 
similar. Their resulting rocks and soils are due to differential 
minor movements In the past, by which deposits of varying 
character were produced. These movements, taking place 
periodically and followed by long periods of rest, produce 
continued stability for the development and migration of forms 
of life, the grading of rivers, the development of varied char* 
acteristic land forms, the migration and settlement of human 
beings, the facility or difficulty of intelligent intercourse between 
races and communities, with finally the commercial interchange 
of those commodities produced by varying climatic conditions 
upon different parts of the continental surface;. in short, for 
those geographical factors which form the chief product of past 
and present human history. (See Gxoobafhy.) 



3© 



CONTINENTAL SHELF-^CONTINUED FRACTIONS 



CONTINENTAL SHELF, the term hi physical geography for 
the submerged platform upon which a continent or island stands 
fn relief. If a coin or medal be partly sunk under water the 
image and superscription will stand above water and represent 
a continent with adjacent islands; the sunken part just sub- 
merged will represent the continental shelf and the edge of the 
coin the boundary between it and the surrounding deep, called 
by Professor H. K. H. Wagner the continental slope. If the 
lithosphere surface be divided into three parts, namely, the 
continent heights, the ocean depths, and the transitional area 
separating them, it will be found that this transitional area is 
almost bisected by the coast-line, that nearly one-half of it 
(10,000,000 sq. m.) lies under water less than too fathoms deep, 
and the remainder x 2,000,000 sq. m. is under 600 ft. in elevation. 
There are thus two continuous plain systems, one above water and 
one under water, and the second of these is called the continental 
shelf. It represents the area which would be added to the land 
surface if the sea fell 600 ft. This shelf varies in width. Round 
Africa— except to the south— and off the western coasts of 
America it scarcely exists. It b wide under the British Islands 
and extends as a continuous platform under the North Sea, 
down the English Channel to the south of France; it unites 
Australia to New Guinea on the north and to Tasmania on the 
south, connects the Malay Archipelago along the broad shelf east 
of China with Japan, unites north-western America with Asia, 
sweeps in a symmetrical curve outwards from north-eastern 
America towards Greenland, curving downwards outside New- 
foundland and holding Hudson Bay in the centre of a shallow 
dish. In many places it represents the land planed down by 
wave action to a plain of marine denudation, where the waves 
have battered down the cliffs and dragged the material under 
water. If there were no compensating action in the differential 
movement of land and sea in the transitional area, the whole 
of the land would be gradually planed down to a submarine 
platform, and all the globe would be covered with water. There 
are, however, periodical warpings of this transitional area by 
which fresh areas of land are raised above sea-level, and fresh 
continental coast-lines produced, while the sea tends to sink 
inore deeply into the great ocean basins, so that the continents 
slowly increase in size. "In many cases it is possible that the 
continental shelf is the end of a .low plain submerged by 
subsidence, in others a low plain may be an upheaved con- 
tinental shelf, and probably wave action is only one of the factors 
at work " (H. R. Mill, Realm of Nature, 1897). 

CONTINUED FRACTIONS. In mathematics, an expression 
of the form 






-T3L. 

o» * . » ., 

where ai,ds,ai, . . . and 6t,k,&«, . . .are any quantities whatever, 
positive or negative, is called a "continued fraction." The 
quantities <h . * . ,b%. . . may follow any law whatsoever. If the 
continued fraction terminates, it is said to be a terminating 
continued fraction; if the number of the quantities a t . . ., 6, . . 
Is infinite it is said to be a non-terminating or infinite continued 
fraction. If h/a*, k/a».«, the component fractions, as they 
are called, recur, either from the commencement or from some 
fixed term, the continued fraction is said to be recurring or 
Periodic. It is obvious that every terminating continued fraction 
reduces to a commensurable number. 

# The notation employed by English writers for the general con- 
tinued fraction is 

Continental writers frequently use the notation 

The terminating continued fractions 



«•*.«•+£. 






reduced to the forms 

T at ' o*aT£b~l * 

anvai+a&t+aj)* ••" 

are called the successive convergent* to the general continued fraction. 

Their numerators arc denoted by fa, pit Pu P*--', their de- 
nominators by 91, q%, qi, qt. . 

We have the relations 

Pa "OmPm-l -\-b m P%-lt Qm =a«7«-J +&«£»-|. 

In the ease of the fraction fli-^jj _£;_...» we have the 
relations fa » a»pm-\ - ft„p_t, q m « a.q—i - &.g_j. 

Taking the quantities a 4 . . , 6 I . . . to be all positive, a continued 
fraction of the form 01+^1 — ' . « • .is called a continued fraction 0] 

Ike first class; a continued fraction of the form t 2 ~ zr ... i* 

called a continued fraction of the second floss. 

A continued fraction of the form < , i+ fl VfJ\i.J\L»«'t *kre 

«i, <*t, at, a 4 . . . are all positive integers. Is called a simple continued 
fraction. In the case 01 this fraction a it at, a$, a*, are called the 
successive partial quotients: It is evident that, in this case, 

Pit fat pt .. ft, fit, qt. .., 
are two series of positive integers increasing without limit if the 
fraction does not terminate. 

The general continued fraction «»+g • ~. 5*. ... is evidently 

equal, convergent by convergent, to the continued fraction 

where X«, X* X«, . . . are any quantities whatever, so that by choos- 
ing Xtfrj""!, X»X,6»-i, &c, it can be reduced to any equivalent con- 
tinued fraction of the form oi+y . y* ■ i • . •♦ 

Simple Continued Fractions. 

t. The simple continued fraction is both the most interestis) 
and important kind of continued fraction. 

Any quantity, commensurable or incommensurable, can b 
expressed uniquely as a simple continued fraction, terminating ii 
the case of a commensurable quantity, non-terminating in the cas 
of an incommensurable quantity. A non-terminating simple cos 
tinned fraction must be incommensurable. 

In the case of a terminating simple continued fraction the numb< 
of partial quotients may be odd or even as we please by writing tfa 

last partial quotient, 0. as «,— 1 + j. 

The numerators and denominators of the successive convergent 
obey the law fctf»-t— P«-|0« "(—»)•• from which it follows at am 
that every convergent is in its lowest terms. The other pcincip 



The odd convcrgents form an increasing series of rational f ractioi 
continually approaching to the value ofthe whole continued fra 
tion; the even convcrgents form a decreasing series having the san 



property. 

Every even convergent is greater than every odd converge* 
every odd convergent is less than, and every even converge 
greater than, any following convergent. 

Every convergent is nearer to the value of the whole fractn 
than any preceding convergent. 

Every convergent is a nearer approximation to the value of t 
whole fraction than any fraction whose denominator is less th. 
that of the convergent. 

The difference between the continued fraction and the n A cc 

vergent is less than r^~"» >"«* greater than ~ ±L . These Urn 

may be replaced by the following, which, though not so dose, 4 

simpler, via. -r and „ i„ 1„ \ . 

Every simple continued fraction must converge to a definite litn 
for its value lies between that of the first and second converge! 
and, since 

fe-S^-H-' Lt.£-Lu£=S* 
q» «•_! q,q-* 4. c^ 

so that its value cannot oscillate. 

The chief practical use of the simple continued fraction is tl 

by means of it we can obtain rational fractions which apprc 

mate to any quantity, and we can also estimate the error of • 



CONTINUED FRACTIONS 



3* 



ap pro xim ation. Thus a continued fraction equivalent to e> (the 
olio of the csreumf ereace to the diameter of a circle) is 

4l i i i i i 1 

3+ 7+i5+i +59»+T+i+- • • 
of which the successive convergents are 

I' 7' io6» 113' 33ioa ,w *"» 
the fourth of which is accurate to the sixth decimal placet etnee the 



■ay be used to approximate very rapidly to the value of *. 

For the application of continued fractions to the problem " To 
tod the fraction, whose denominator does not exceed a given integer 
D, which shall most closely approximate (by excess or defect, as 
■say be assigned) to a given number commensurable or incommen- 
sarable," the reader is referred to G. Chrystal's Algebra, where also 
■say be found details of the application of continued fractions to 
such interesting and important problems as the recurrence of eclipses 
and the rectification of the calendar (q.v.). 

Lagrange used simple continued fractions to approximate to the 
solutions of numerical equations; thus, if an equation has a root 
betwee n two integers a and a+i, put *»a+i/; and form the 
equation in y; if the equation in y has a root between b and 6+1, 
p£t y -6+l/s, and so on. Such a method is, however, too tedious, 
compared with such a method as Horner's, to be of any practical 
▼aloe. 

The solution in integers of the indeterminate equation ax+by-c 
any be effected by means of continued fractions. If we suppose a/b 
to be converted into a continued fraction and pfq to be the pen- 
tdrimate convergent, we have aq-bp-+i or — 1, according as 
the namber of convergents is even or odd, which we can take them 
to be as we please. If we take o«— fcp-»+i we have a general 
satation in integers of ox-f ty-c, via. x-cq-bl, y-at—cp; if we 
x»kcaq—bp— —I, we have x—bt—cq.y<*cp—ot. 

An interesting application of continued fractions to establish a 
eatque correspondence between the elements of an aggregate of m 
1*1— i^-. and an aggregate of n dimensions is given by G. Cantor 
in voL a of the AcmMatkematica. 

Application* of simple continued fractions to the theory of 
Biimbers, as, for example, to prove the theorem that a divisor of the 
mm of two squares is itself the sum of two squares, may be found 
is J A. Serret's Cdurt d'Atgbbre Superieure. 

1. Recurrmg Simple Continued Fractions.— The infinite continued 



,11 tit fix ti 

*"^+S.+...+«;+5+Ji+...+R+5+5+ ..+K+5+. ., 

where, after the «* partial quotient, the cycle of partial quotients 

*u b> » •» recur m the same order, it the type of a recurring 

caple continued fraction. 

The value of such a fraction is the positive root of a quadratic 
easarioti whose-coefficienu are real and of which one root is negative. 
Since the fraction is infinite it cannot be commensurable and there- 
fare its value is a quadratic surd number. Conversely every positive 
' atic sard number, when expressed as a simple continued 
, will give rise to a recurring fraction. Thus 



a-V3- 



1 1 1 1 x 

i.« -J.! i 1 J. t 1 t 1 
V2«-5+3 + 3 + 3 +xo+ 3 + !+3 + To + .. 

The second case illustrates a feature of the recurring continued 
faction which represents a complete quadratic surd. There is only 
one non-recurring partial quotient a%. If ftj, 6», . . ., b m is the cycle 
of recurring quotients, then A„-Mi, &i~6_i, k -&*_», 6» -&»_,, Ac. 

la the case of a recurring continued fraction which represents 
% N, where N is an integer, Iiu is the number of partial quotients in 
the recurring cycle, and pwrlq* tne *»** convergent, thcn^V— N$* w 
«{— i)-", whence, if n is odd, integral solutions of the Indeterminate 
wraation a*— Ni* - * 1 (the so-called Pellian equation) can be found 
a a kb even, solutions of the equation **-"Ny , «" +1 can be found. 

The theory and development of the simple recurring continued 
fraction is due to Lagrange. For proofs of the theorems here stated 
*r*i for applications to the more general indeterminate equation 
a*-N'y**rf the reader may consult Chrystal's Algebra or Serret's 
Cs-'s d'Algbbre Supiriewe; he may also profitably consult a tract 
fcv T. Muir, The Expression of a Quadratic Surd as a Continued 
Fraction (Glasgow, 1874). . 

The Central Continued Fraction. 

1. The Evaluation of Continued Fractions.— Tht numerators and 

^nominators of the convergents to the general continued fraction 

both satisfy the difference equation «,»*e»ft»a+ a N «ws> When we 



can solve this equation we have an txptesriou for the ***« 
to the fraction, generally in the form of the quotient of two scries, 
each of n terms. As an example, take the fraction (known ae 
Brouncker's fraction, after Lord Brouncker) 



Here we have 



I !! £ £ £ 

i+a + a+a+a+... 

aw, -anw+(a«- !)««_. 

avh - (a* + 0«. --(»*-») |«.-(»- l)a*-d, 
and we readfly find that 

whence the value of the traction taken to infinity Is fv. 

It n always possible to find the value of the * ik convergent to a 
recurring continued fraction. If r be the number of quotients in 
the recurring cycle, we can by writing down the relations connecting 
the successive p % % and g's obtain a linear relation connecting 



in which the coefficients are all constants. Or we may proceed at 
follows. (We need not considers fraction with a non-recurring part). 
Let the fraction be 



K+o,+... +T,+*i+ 



&i+c'iLi+: 



leading to an 



Let «—^-; then «.- 

equation of the form A»,,awi+BK W +C«wa+D»b, where A,B,C,D 
' idependent of a, which is readily solved. 
The Co n ver g en c e of Infinite Continued Fractions.— We have seen 



are independent of a, which is readily solved. 

a. The Co n ver ge n c e of Infinite Continued Frocl 

that the simple infinite continued fraction converges. The Infinite 



general continued fraction of the first class cannot diverge for its 
value lies between that of its first two convergents. It may, how- 
ever, oscillate. We have the relation M— * ~A— i?» - (— I )*M 1 » . b m , 



from which ^-^ 






, and the limit of the right* 



hand side is not nec e ss ari ly zero. 
The tests for con vergency are as follows : 
Let the continued fraction of the first class be reduced to the form 

a\ +3J+j;+j;+ . . , then it is convergent if at least one of the series, 

s%+a\+*T+ . . •» *%+«*<+*«+ . . . diverges, and oscillates if both 
these series converge. 

For the convergence of the continued fraction of the second class 
there is no complete criterion. The following theorem covers a large' 
number of important cases. 

" If in the infinite continued fraction of the second cIassoa^p.T-1 
for all values of n, it converge* to a finite limit not greater than- 
unity. 

3. The Incommensurability of Infinite Continued Fractions.— 
There is no general test for the incommensurability of the general 
infinite continued fraction. 

Two cases have been given by Legendre as fellows >*- 

If a«, at, . . ., «•. *» K, . . n 6. are ail positive integers, then 



I The infinite continued fraction -* , 



*« con- 

verges to an Incommensurable limit if after some finite value of n 
the condition o»<6» is always satisfied. 

II. The infinite continued fraction §*_!*'_ -S?— o 011 " 
verges to an incommensurable limit if after some finite vaiiie of n 
the condition <*.2:&.+i is always satisfied, where the sign > need 
not always occur but must occur infinitely often. 

Continuants. 
The functions f>* and a., regarded as functions of d, . , ., a*,. 
6|, . . ., 6. determined by the relations 

fr -44— I +*-?»-*> 

with the conditions pi»a u #w-i; ♦>-?». fl-i. ft-©, have been 
studied under the-name of continuants. The notation adopted is 

and it is evident that we have 

The theory of continuants is due in the first place to Euler, The 
reader will find the theory completely treated in Chrystal's Algebra, 
where will be found the exhibition of a prime number of the form 
4*-M as the actual sum of two squares by means of 4 
a result given by H. J. S. Smith. 



$2 



CONTINUED FRACTIONS 



The continuant K («,,££;;;;£) *• ***> «V^ *° th * 



determinant 
at 



b» o o 

<h bt o 

-i «• ft* 

o -I a« 



o o — — o o — i a. 
from whioh point of view continuants have been treated by W. 
Spottiswoode, J. J. Sylvester and T. Muir. Most of the theorems 
concerning continued fractions can be thus proved simply from the 
properties of determinants (see T. Mulr's Theory of Determinants, 
chap, iii.). 

Perhaps the earliest appearance in analysis of a continuant in its 
determinant form occurs in Lagrange's investigation of the vibra- 
tions of a stretched string (see Lord Rayleigh, Theory of Sound, 
voL L chap. iv.). 

The Conversion of Series and Products into Continued Fractions. 

t . A continued fraction may always be found whose ** convergent 
shall be equal to the sum to it terms of a given series or tn*. product 
to n factors of a given continued product. In fact, a continued 

fraction ^ +S+ +«?+ can ** constructe ^ having for the 
numerators of its successive convcrgents any assigned quantities 
Pi. Pt, £»,..., p.. and for their denominators any assigned 
quantities ft, 

The parti* _ _ 

can be found from the relations 

and the first two partial quotients are given by 

btmpt, a t —qu 6iOi-Pi f c,o,+6f*g». 
If we form then the continued fraction inwhich ft, 

are *i. «t+*» «i+«i+«i «i+ *+ . . . a«.and q.. , ._ 

are all unity, wc find the series «i+kj+ . . . +«• equivalent to the 
continued fraction 

•H «« «•_ 

«l «i «1 lUl 



* 9i* ftt ff« a u 

artiaf fraction bja, corresponding to the * ,k convergent 



fraction inwhich pi, Pi, Pt, 

quOt.q*...,*. 



*f*t *tHt Un-iU» 



which we can transform into 



i —sii-F»*i— «•+!»•— »»+«««— . . . — n.-i+n.' 
a result given by Euler. 

2. In this case the sum to n terms of the series is equal to the ft th 
convergent of the fraction. There is, however, a different way in 
which a series may be represented by a continued fraction. We may 
require to represent the infinite convergent power series Oo+aix-f 
o%*+ ... by an infinite continued fraction of the form 

& g£ A* ft* 

i - i - i - i -... 
Here the fraction converges to the sum to infinity of the series. Its 
n* convergent is not equal to the sum to * terms of the series. 
Expressions for /*>, $\, fit, . . . by means of determinants have been 



c>xprewiww mi ro# m, p>, • • • uy ••«»••» wi wkiuuiuwu 

given by T. Muir {Edinburgh Transactions, vol. xxvrt.). 

A method was given by J. H. Lambert for expressing as a con- 
tinued fraction of the preceding type the quotient of two convergent 
power series. It is practically identical with that of finding the 
greatest common measure of two polynomials. As an instance 
leading to results of some importance consider the series 

We have 

F(»+..x)-F(« l »)-- {7TO ^ qm F(n+a^. 
whence we obtain 

F(i,») t «Mrfi) x/k+iXz+2) 
F(o,x) i+ i + l +..., 

which may also be written 

2 * * 
y+y+i+yT*+... 
By putting «*x*/4 for * in F(o,x) and F(t,x), and putting at the same 



tanx- 



wc obtain 



tanhx- ?+3+5+? + 



tune y 

1-3-5-7- 

These results were given by Lambert, and used by him to prove 
that » and *> are incommensurable, and also any commensurable 
power of e. 

Gauss in his famous memoir on the hypergeometric scries 



r ( . AT .„-, + f£ + 4£^, + ., 



gave the expression for F(«,0+i, y+i. *)+F(«. $, y, x) as a con- 
tinued fraction, from which if we put 0-o and write 7-1 for *r. 
we get the transformation 

1 §a fa 
T— 1 - 1 - 



,.«... «(a+0 ..» . a(q+ !)(•+?) ... . ■ gix ptx _,!„,„- 

«. «» (a+pY * (a+n-i)(>4-a-2) 

* _ y-» - afo+i-a) - »(y+»-i-«) 

"TTrW *"(thM(y+j) A *"(Y+3»-a)(7+3»-i)- 

From this we may express several of the elementary scries ai 
continued fractions; thus taking a— 1, y~J. and putting x for — *, 

wehaveIog(i+x)- i+T+T+T+T+ ^- + Y + ... 

Taking y-i, writing x/o. for x and increasing .0 indefinitely, w* 

h 9V »««.I * * * £ £ 
have ^"i-7+a-J+a-5+ .. 

For some recent developments in this direction the reader may 
consult a paper by L. J. Rogers in the Proceedings of the London 
MathemaHcoJ Society (series 2, vol. 4). 

Ascending Continued Fractions* 

There is another type of continued fraction called the ascend! nj 
continued fraction, the type so far discussed being called the descend 
ing continued fraction, it is of no interest or importance, thouel 
both Lambert and Lagrange devoted some attention to it. Trw 
notation for this type of fraction is 



fc+- 



*•+- 



*+*£ 



«,+ -*— 

It Is obviously equal to the series 

a 1 fo 1. °* 1 °* . 1 ^» 



+ ... 



Historical Note. 

The invention of continued fractions is ascribed generally t 
Pietro Antonia Cataldi, an Italian mathematician who died i 
1626. He used them to represent square roots, but only fc 
particular numerical examples, and appears to have bad n 
theory on the subject. A previous writer, Rafaello Bombcll 
had used them in his treatise on Algebra (about 1579), and it i 
quite possible that Cataldi may have got his ideas from bin 
His chief advance on Bombclli was in his notation. They nej 
appear to have been used by Daniel Schwenter (1585-1634 
in a Ccometrka Praciica published in 1618. He uses them U 
approximations. The theory, however, starts with the public 
tion in 1655 by Lord Brouncker of the continued fractic 

7+7+^4.2-1. . as an equivalent of r/4. This he is suppose 

to have deduced, no one knows how, from Wallis' formula f< 



4K* 13|8;ii:;: 



John Wallis, discussing this fraction in his Aritkmctica 1\ 
finitorum (1656), gives many of the elementary properties of t] 
convergent^ to the general continued fraction, including the ru 
for their formation. Huygens (Dcscriptio aulomati planctan 
1703) uses the simple continued fraction for the purpose > 
approximation when designing the toothed wheels of his Plam 
ariutn. Nicol Saundcrson (1682-1739), Euler and Lambe 
helped in developing the theory, and much was done by Lagranj 
in his additions to the French edition of Eulcr's Algebra (1793 
Moritz A. Stern wrote at length on the subject in Crellc's Jairn 
(x., 1833; xi., 1834; xviii., 1838). The theory of the co! 
vergence of continued fractions is due to Oscar Schlomilc 
P. F. Arndt,' P L. Scidel and Stern. O. StoU, A. Pringshci 
and E. B. van Vleck have written on the convergence of infini 
continued fractions with complex elements. 

References.— For the further history of continued fractions 1 
may refer the reader to two papers by Cunthcr and A. N. Fa\ai 
Bulletins di bibliographia e di storia dclle scienze mathematisckt 
fisiche, t. vii., and to M. Cantor, Ceschichtc der Mathematik. 2nd 11 
For text-books treating the subject in great detail there arc thq 
of G. Chrystal in English ;'Scrrct's Court d'algebre snprrieure 
French; and in German those of Stern, SchlOmilch. HattcrdorfT ji 
StoU. For the application of concinued^ractioos to the ihcary 



CONTQURr-OONTRABAND 



33 



, there is P. Bachmaen's VotUtunffn tiber die 

fetx* der Trrationaliaknen (i 893). For the application of continued 
'ractkms to the theory of lenses, tee R. S. Heath's Geometrical Optics, 
chips. W. and v. For «n exhaustive summary of all that hat been 
•rittcn oa\ the subject (he reader may consult Bd. 1 of the Emy- 
top6d.it der wtatiUnatischen Wiuauckajlen (Leipzig). (A. E. J.) 

COHTOTJR, COKTOUR-UNB (a, French word meaning generally 
" outline/ ' from the Med. Lat. contomare, to round off), in physical 
geography a line-drawn upon a map through all the points upon 
the surface represented that are of equal height above sea-level. 
These points lie, therefore, upon a horizontal plane at a given 
deration passing through the land shown on the nap, and the 
contour-line is the intersection of that horizontal plane with 
the surface of the ground. The contour-line of o, or datum Uvcl, 
u the coastal boundary of any land form. If the sea be imagined 
u rising 100 fu, a- new coast-line, with bays and estuaries indented 
■ the valleys, would appear at the new sea-level. If the sea 
sank once more to Us former level, the ioo*ft. contour-line with 
jfl its irregularities would be represented by the beach mark 
aide by the sea when 100 ft. higher. If instead of receding the 
sea rose continuously at the rate of 100 ft. per day, a series of 
fevcls 100 ft. above ope another would be marked daily upon the 
land until at last the highest mountain peaks appeared as islands 
kss than 100 ft. high. A record of this series of advances 
^»«*H upon a flat map of the original country would give a 
umesof concentric contour-lines narrowing towards the mountain* 
taps, which they would at last completely surround. Contour- 
Sacs of this character are marked upon most modem maps 
cf small areas and upon all government survey and military maps 
at varyin g intervals according to the scale of the map. 

OOVTRABAKD (Fr. eonirebande, from contra, against, and 
imM, Low Lat. for " proclamation ")> * term given generally 
to Segal traffic; and particularly, as "contraband of war," 
to foods, &c, which subjects of neutral states are* forbidden by 
iateraatiofial law to supply to a belligerent. 

According to current practice contraband of war is of two 
bods: (r) absolute or unconditional contraband, i.e. materials 
or direct application in naval or military armaments; and 
(2)condkioaal contraband, consisting of articles which ate fit for, 
bsi not necessarily of direct application to, hostile uses. There b 
seen difference of opinion among international jurists and slates, 
btrevcr, as to the specific materials and articles which may 
rightfully be declared by belligerents to belong to either class. 
Tfere is also disagreement as to the belligerent right where 
ih£ i-nmrdiatc. destination is a neutral but the ultimate an enemy 
tort. 

An attempt was made at the Second Hague Conference to 
esse to an agreement on the chief points of difference. The 
Bri:ish delegates were instructed even to abandon the principle 
d contraband of war altogether, subject only to the exclusion 
sy blockade of neutral trade from enemy ports. In the alterna- 
ttve they were to do their utmost to restrict the definition of 
;«atraband within the narrowest possible limits, and to obtain 
exemption of food-stuffs destined for places other than be- 
kagaered fortresses and of raw materials required for peaceful 
ssdustry. Though the discussions at the conference did not 
*srft in any convention, except on the subject of malls, it was 
agreed among the leading maritime states that an early attempt 
tbTakl be made to codify the law of naval war generally, in 
eteoexion with the establishment of an international prise 
•sun (see Prize). 

Meanwhile, on. the subject of mails, important articles were 
m ^ adopted which figure in the " Convention 00 restric- 
tions in the right of capture " (No. r 1 of the series 
is set out in the General Act, see Peace Contekekce). They 
we as fallows:— 

Arr. t. — The posts! correspondence of neutrals or belligerents, 
*fea*cver its official or private character may be, fonad on the high 
«*is on board a neutral or enemy ship U inviolable. If the ship is 
Stained, the correspondence is forwarded by the captor with the 
fca«r possible delay. 

The provUions of the preceding paragraph do not apply; in case 
af violation of blockade, to correspondence destined for, or proceeding 
ran. a blockaded port. 



Abt, 1 1.— TheinviolabUityof postal cocrespondencedoes not exempt 
a neutral mail ship from the laws and customs of maritime war as 
to neutral merchant ships in general. The ship, however, may 
not be searched except when absolutely necessary, and then only 
with as much consideration and expedition as.possible. 

As regards food-stuffs Great Britain has long and consistently 
held that provisions and Uquors fit for the consumption of the 
enemy's naval or military forces are contraband, /^orf- 
Her Prise Act, however, provides a palliative, in the Mtmm mad 
case of " naval, or victualling stores/' for the penalty **** fa 
attaching to absolute contraband, the lords of the 9mpmm * 
admiralty being entitled to exercise a right of pre-emption over 
such stores, i.«. to purchase them without condemnation in a 
prise court In practice, purchases are made .at the market 
value of the goods, with an additional 10% for loss of profit. 

On the continent of Europe no such palliative has yet been 
adopted; but moved by the same desire to distinguish unmistak- 
able from, so to speak, constructive contraband, and to protect 
trade against the vexation of uncertainty, many continental 
jurists have come to argue conditional . contraband away al- 
together. This change of opinion has especially manifested 
itself in the d iscu ssions on the subject in the Institute ol Inter- 
national Law, a bo4y composed exclusively of recognised 
international jurists. The rules this body adopted in 180$, 
though they do not represent the unanimous feeling of its 
members, may be taken as the view of a large proportion of 
them. The majority comprised .German, Danish, Italian, 
Dutch and French specialists. The rules adopted contain a 
clause, which, after declaring conditional contraband abolished, 
states that: " Nevertheless the belligerent has, at his option 
and on condition of paying an equitable indemnity, a right of 
sequestration or pre-emption as to articles (objeU) which, oh 
their way to a port of the enemy, may serve equally in war or 
in peace. This rule, it is seen, is of wider application than the 
above-mentioned provision of the British Prize Act. To become 
binding in its existing form, either an alteration of the text of 
the Declaration of Paris or a modification in the wording of 
the clause would be necessary, seeing that under the Declaration 
of Paris " the neutral flag covers enemy goods, except contra- 
band of war." It may be said that, in so far as the continent is 
concerned, expert opinion is, on the whole, favourable to the 
recognition of conditional contraband in the form of a right of 
sequestration or pre-emption and within the limits Great Britain 
has shown a disposition to set to it as against herself. 

As regards coal there is no essential difference between the 
position of coal to feed ships and that of provisions to feed men,. 
Neither is per se contraband. At the West African ^e* 
Conference In 1884 the Russian representative pro- 
tested against its inclusion among contraband articles, but the 
Russian government included k in their declaration as to contra- 
band on the outbreak of the Russo-Japanese War. In 1898 
the British foreign office replied to an inquiry of the Newport 
Chamber of Commerce on the position of coal that: " Whether 
in any particular case coal is or is not contraband of war, is a 
matter prima facie for the determination of the Prise Court 
of the captor's nationality, and so long as such decision, when 
given, does not conflict with well-established principles of inter- 
national law, H.M.'s government will not be prepared to take 
exception thereto." The practical applications of the law and 
usage of contraband in the Russo-Japanese War of 1004-5, 
however, brought out vividly the need of reform in these " well- 
established principles." 

The Japanese regulations gave rise to no serious difficulties. 
Those issued by Russia, on the other band, led to 
much controversy between the British government 
and that of Russia, in connexion with, the latter's 
pretension to class coal, rice, provisions, forage, horses ' 
and cotton with arms, ammunition, explosives, &c, as JJJJJ™ 
absolute contraband. On June 1 , 1 904, Lord Lansdowne 
expressed the surprise with which the British government learnt 
that rice and provisions were to be treated as unconditionally 
contraband—" a step which thev regarded as inconsistent with 



34 



CONTRABAND 



the law and practice of nations. They furthermore "felt 
themselves bound to reserve their rights by also protesting 
against the doctrine that it is for the belligerent to decide what 
articles arc as a matter of course, and without reference to other 
considerations, to be dealt with as contraband of war, regard- 
less of the well-established rights of neutrals *'; nor would the 
British government consider itself bound to recognize as valid 
the decision of any prize court which violated those rights. 
' It did not dispute the right of a belligerent to take adequate 
precautions for the purpose of preventing contraband of war, 
in the hitherto accepted sense of the words, from reaching the 
enemy; but it objected to the introduction of a new doctrine 
under which " the well -understood distinction between conditional 
and unconditional contraband was altogether ignored, and under 
which, moreover, on the discovery of articles alleged to be 
contraband, the ship carrying them was, without trial and in 
spite of her neutrality, subjected to penalties which are reluct- 
antly enforced even against an enemy's ship." (See section 
40 of Russian Instructions on Procedure in Stopping, Examining 
and Seizing Merchant Vessels, published in London Gazette of 
March 18, 1904.) In particular circumstances provisions might 
acquire a contraband character, as, for instance, if they should 
be consigned direct to the army or fleet of a belligerent, or to a 
port where such fleet might be lying, and if facts should exist 
raising the presumption that they were about to be employed 
in victualling the fleet of the enemy. In such cases it was not 
denied that the other belligerent would be entitled to seize the 
provisions as contraband of war, on the ground that they would 
afford material assistance towards the carrying on of warlike 
operations. But it could not be admitted that if such 
provisions were consigned to the port of a belligerent (even 
though it should be a port of naval equipment) they should 
therefore be necessarily, regarded as contraband of war. The 
test was whether there were circumstances relating to any 
particular cargo to show that it was destined for military or 
naval use. 

The Russian government replied that they could not admit 
that articles of dual use when addressed to private individuals 
in the enemy's country should be necessarily free from seizure 
and condemnation, since provisions and such articles of dual 
use, though intended for the military or naval forces of the 
enemy, would obviously, under such circumstances, be addressed 
to private individuals, possibly agents or contractors for the 
naval or military authorities. 

Lord Lansdowne in answer stated that while H.M. government 
did not contend that the mere fact that the consignee was a 
private person should necessarily give immunity from capture, 
they held that to take vessels for adjudication merely because 
their destination was the enemy's country would be vexatious, 
and constitute an unwarrantable interference with neutral 
commerce. To render, a vessel liable to such treatment there 
should be circumstances giving rise to a reasonable suspicion 
that the provisions were destined for the enemy's forces, and 
it was in such a case for the captor " to establish the fact of 
destination for the enemy's forces before attempting to procure 
their condemnation " (September 30, 1904). 

The protests of Great Britain led to the reference of the subject 
by the Russian government to a departmental committee, with 
the result that on October «, 1904, a rectifying notice was issucl 
declaring that articles capable of serving for a warlike object, in- 
cluding rice and food-stuffs, should be considered as contraband 
of war, if they are destined for the government of the belligerent 
power or its administration or its army or its navy or its fortresses 
or it* naval ports; or for the purveyors thereof; and that in 
cases where they were addressed to private individuals these 
articles should not be considered as contraband of war; but that 
in all cases horses and beasts of burden were to be considered 
as contraband. As regards cotton, explanations were given by 
the Russian government (May iz, 1904) that the prohibition 
Of cotton applied only to raw cotton suitable for the manufacture 
bf. explosives, and not to yarn or tissues. 
' The carriage of belligerent despatches connected with the con- 



duct of a war or of persons in the service of a belligerent state 
falls within the prohibition of contraband traffic* 
but to distinguish such traffic from that of contraband, ^fffjjSJ 
properly so called, the term applied toit in international UJf*" 
law is "analogues of contraband." The penalty 
attaching to such carriage necessarily varies according to the 
degree of the analogy. 

Trade between neutrals has a prima facte right to go on, In 
spite of war, without molestation. But if the ultimate destina- 
tion of goods, though shipped first to a neutral port, 
is enemy's territory, then, according to the doctrine r^gS'" 1 
of " continuous voyages," the goods may be treated 
as if they had been shipped to the enemy's territory direct. 
The doctrine is entirely Anglo-Saxon in its origin 1 and develop- 
ment. Only in one case does it seem ever to have been actually 
put in force by a foreign prize court, namely, in the ease of the 
" Doehvijk," a Dutch vessel which was adjudged good prize 
by an Italian court on the ground that, although bound for 
Djibouti, a French port, it was laden with a provision of arms 
of a model which had gone out of use in Europe, and could only be 
destined for the Abyssinians, with whom Italy was at war. 

The Instrtute of International Law in 1806 adopted the 
following rule on the subject :— 

M Destination 'to the enemy is presumed, where the shipment 
Is to one of the enemy ports, or to a neutral port, if it is unquestion- 
ably proved by the facts that the neutral port was only a state 
(etapi) towards the enemy as the final destination of a single com- 
mercial operation." 

During the South African War (1890-100 a) Great Britain was 
involved in controversy with Germany, who at first declined 
to recognize the existence of any rule which could interfere 
with trade between neutrals, the German vessels in question 
having been stopped on their way to a neutral port. 

As stated above, the Second Hague Conference failed to come 
to any understanding on contraband, but the subject was exhaust- 
ively dealt with by the Conference of London (100S-1909) on 
the laws and customs of naval war, in the following articles: — 

AaT. *a.— The following articles may, without notice, be treated 
as contraband of war, under the name of absolute contraband: (1 ] 
Arms of all kinds, including arms for sporting purposes, and the'u 
distinctive component parts; (a) projectiles, charges and cartridge* 
of all kinds, and their distinctive component parts; (3) powder am 
explosives specially prepared for use in war; (4) gun-mountings 
limber boxes, limbers, military wagons, field forges and their dts 
tinctive component parts; (S) clothing and equipment of a distinct 
ively military character; (6J all kinds of harness of a distinctive!: 
military character; (7) saddle, draught and pack animals suitabl 
for use in war; (8) articles of camp equipment and their distioctiv 
component parts; (9) armour plates; (10) warships, including boat* 
and their distinctive component parts of such a nature that the] 
can only be used on a vessel of war; (if) implements and apparatu 
designed exclusively for the manufacture of munitions of war. for th 
manufacture or repair of arms, or war material for use on land or sea 

Art. 23 — Articles exclusively used for war may be added to th 
list of absolute contraband by a declaration, which must be notifies 
Such notification must be addressed to the governments* of othi 
powers, or to their representatives accredited to the power matrin 
the declaration. A notification made after the outbreaJc of hostilitst 
is addressed only to neutral powers. 

Art. 24. — The following articles, susceptible of use in war as we 
as for purposes of peace, may, without notice, be treated as contr 
band of war, under the name of conditions! contraband: (1} Foe* 

animals; 



stuffs; (a) forage and grain, suitable for feeding 1 
clothing,, fabrics Tor clothing, and boots and shoes, suiiaose iot 1*1 
in war; (4) gold and silver in coin or bullion; paper money; (J 
vehicles of all kinds available for use in war, and their compooei 
parts; (6) vessels, craft and boats of all kinds; floating docks, par 
of docks and their component parts; (7) railway material, both fid 
and rolling-stock, and material for telegraphs, wireless telcgrad 
and telephones; (8) balloons and flying machines and their di 
tinctive component parts, together with accessories and art id 
recognizable as intended for use in connexion with balloons 
flying machines; (9) fuels lubricants; (10) powder and er-' 

not specially prepared for use in war; (1 1) barbed wire an 

ments for fixing and cutting the same; (12) horseshoes and sho 
materials; (13) harness and saddlery; (14) field glasses, t * 
chronometers and all kinds of nautical instruments, 

'See Springbok case. 1866, 5 Wallace I.; on Dodwijk ease | 
Brusa, Rev. gen. de droit international public (1897): Fauchilte 
(1897), p. 391, also The Times, April 15, May 25, June I, 1897. 



CONTRACT 



35 



Ait. 35.— Article* susceptible of use in war as well a* for purposes 
<f peace, other than those enumerated in Articles 22 and 24, may be 
idded to the list of conditional contraband by a declaration, which 
■as be notified in the manner provided for in the second paragraph 
JArtidety 

Air. A— If a power waives, so far as it is concerned, the right to 
mat as contraband of war an article comprised In any of the classes 
twaerated in Articles 22 and 24, such intention shall' be announced 
byadedaraiion, which must be notified in the manner provided for 
a tkecosd paragraph of Article 23. 

Ait. 27.— Articles which are not susceptible of use in war may not 
be declared contraband of war. 

Ait. zl— The following may not be declared contraband of war : 
'1; Raw cotton, wool, silk, jute, flax* hemp and other raw materials of 
ik teuik industries, and yarns of the same ; (2) oil seeds and nuts; 
opa; (3) rubber, resins, gums and lacs; hops; (4) raw hides 
ud terns, bones and ivory; (5) natural and artificial manures, 
edsdiaff nitrates and phosphates for agricultural purposes; (6) 
snalicores; (7) earths, days, lime, chalk, stone, including marble. 
Into, dates and tiles; (8) Chinaware and glass; (9) paper and 
paper-making materials; (10) soap, paint and colours, including 
ends exclusively used in their manufacture, and varnish ; (1 1) 
Heads*! powder, soda ash, caustic soda, salt cake, ammonia, 
*Mute of ammonia and sulphate of cooper; (12) agricultural, 
aonj. textile and printing machinery; (13) precious and semi* 
pneioas stones, pearls, mother-of-pearl and coral; (14) clocks and 
nttta, other than chronometers: (1$) fashion and fancy goods; 
:ii) leathers of all kinds, hairs and bristles; (17) articles of nouse- 
Wd fwaiujre and decoration; ofBce furniture and requisites. 

Ail. 29.— Likewise the following may not be treated as contraband 
£*v: (1} Articles serving exclusively to aid the sick and wounded. 
•Vyati, however, in case of urgent military necessity and subject 
to tbt payment of compensation, be requisitioned, if their destination 
•tin specified in Article 30; (2) articles intended for the use of the 
•ad in which they are found, as well as those intended for the use 
3 set crew and passengers during the voyage. 

Ait. 30.— Absolute contraband is liable to capture if it is shown 
to be destined to territory belonging to or occupied by the enemy, 

* » the armed forces of the enemy. It is immaterial whether the 
(ta Ht of the goods is direct or entails transhipment or a subsequent 
a*jwtbyland. 

Aw. j!.— Proof of the destination specified in Article 30 is com- 
*»a the following cases: (1) When the goods are documented 
ledshaige in an enemy port, or for delivery to the armed forces 
«*t enemy; (2) when the vessel is to call at enemy ports only, or 
"wine is to touch at an enemy port or meet the armed forces of 
ueeaemy Wore reaching the neutral port for which the goods in 
*"o» are documented. 

Ait 33.— Where a vessel is carrying absolute contraband, her 

Eire conclusive proof om to the voyage on which she is engaged, 
aheis found clearly out of the course indicated by her papers 
wimble to give adequate reasons to justify such deviation. 

A". ^—Conditional contraband is liable to capture if it is shown 
"be destined for the use of the armed force* or of a government 
*Ptn*ot of the enemy state, unless in this latter case the circum- 
9*8 show that the goods cannot in fact be used for the purposes 
9ti * war in progress. This latter exception does not apply to a 
"awatnt coming under Article 24 (4). 

"T M-— The destination referred to in Article 33 is presumed to 
J* ■ the goods are consigned to enemy authorities, or to a con- 
y? established in the enemy country who, as a matter of common 
b7r Hft. supplies articles of this kind to the enemy. A similar 
"amotion arise* if the good* are consigned to a fortified place 
*5Ps| to tfaeenemy , or other place serving as a base for the armed 
J ®° olihe enemy. No such presumption, however, arises in the 

* =» a merchant vessel bound for one of these places if it is sought 
iprwe that she herself is contraband. In cases where the above 
2**ptk*sd© not arise, the destination is presumed to be innocent. 
ix prewaptiona set up by this article may be rebutted. 

A" 35-— Conditional contraband is not liable to capture, except 
**» bund on board a vessel bound for territory belonging to or 
,C3 PW by the enemy, or for the armed forces of the enemy, and 
JJ? < » net to be discharged in an intervening neutral port. The 
*M "pen are conclusive proof both aa to the voyage on which 

* **» is engaged and as to the port of discharge of the goods, 
*J* ine is found clearly out of the course indicated by her papers, 
■j "usable to give adequate reasons to justify such deviation. 
-***• J6>— Notwithstanding the provisions of Article 35, eon- 
*°*1 contraband, if shown to have the destination referred to in 
*** JJ. is liable to capture in cases where the enemy ooontry has 
**bcard. 

*JJ. 37— A vessel carrying goods liable to capture as absolute or 
2«ional contraband may be captured on the high seas or in the 
?**»1 water* of the belligerents throughout the whole of her 
n^p. even if she is to touch at a port of call before reaching the 
■J* destination. 

**t. 38.— A vessel may not be captured on the ground that she 
**r*d contraband on a previous occasion if such carriage is in 
■f « fact at an end 

***• 39-— Contraband goods are liable to condemnation. 



Ait. 40.— A vessel carrying contraband may be condemned if the 
contraband, reckoned either by value, weight, volume or freight* 
forms more than half the cargo. 

Ait. 4 1. —If a vessel carrying contraband is released, she may be 



I to nay the costs and expenses incurred by the captor 
in respect of the proceedings in the national prise court and the 
custody of the ship and cargo during the proceedings. 

Art. 42. — Goods which Belong to the owner of the contraband 
and are on board the same vessefare liable to condemnation. 

Art. 43.— If a vessel is encountered at sen while unaware of the 
outbreak of hostilities or of the declaration of contraband which 
applies to her cargo, the contraband cannot be condemned except 
on payment of compensation; the vessel herself and the remainder 
of the cargo are not liable to condemnation or to the costs and 
expenses referred to in Article 41. The same rale applies if the 
master, after becoming aware of the outbreak of hostilities, or of the 



declaration of contraband, has had no opportunity of discharging 
the contraband. A vessel is deemed to be aware of tne existence of a 
state of war, or of a declaration of contraband, if she left a neutral 

Krt subsequently to the notification to the power to which such port 
longs of the outbreak of hostilities or of tne declaration of contra- 
band respectively, provided that such notification was made in 
sufficient time. A vessel is also deemed to be aware of the existence 
of a state of war if she left an enemy port after the outbreak of 



Art. 44— A vessel which has been stopped on the ground that she 
is carrying contraband, and which .is not liable to condemnation on 
account of the proportion of contraband on board, may, when the 
circumstances permit, be allowed to continue her voyage if the 
master is willing to hand over the contraband to the belligerent 
warship. The delivery of the contraband must be entered by the 
captor on the logbook of the vessel stopped, and the master must 
give the captor duly certified copies of all relevant papers. The 
captor is at liberty to destroy the contraband that has been handed 
over to him under these conditions. 

See Hautefeuille, Des droits et deooirs de$ nation* neutres (and ed.« 
1858); Perels, Droit maritime international, traduit par Arendt 
(Pans, 1884) ; Moore, Digest of International Lav (1906) ; L. Oppcn- 
heim, International Lam (1907); Barclay, Problems of International 
Practice and Ditdomaty (1007). See also Hall, International Law on 
Analogues of Contraband; Smith and Sibley, International Lam as 
interpreted iurinf the Russo-Japanese War, 190$, on " Malacca " 
and Prim Heinrich " cases (mails). (T. Ba.) 

CONTRACT (Lat. contractus, from controller*, to draw together, 
to bind), the legal term for a bargain ox agreement; tome writers, 
following the Indian Contract Act, confine the term to agree* 
menu enforceable by law: this, though not yet universally 
adopted, teems an improvement. Enforcement of good faith 
in matters of bargain and promise is among the most important 
functions of legal justice. It might not be too much to say 
that, next after keeping the peace and securing property against 
violence and fraud so that business may be possible, it is the most 
important. Yet we shall find that the importance of contract is 
developed comparatively late in the history of law. The common* 
wealth needs elaborate rules about contracts only when it is 
advanced enough in civilization and trade to have an elaborate 
system of credit. The Roman law of the empire dealt with 
contract, indeed, in a fairly adequate manner, though it never 
bad a complete or uniform theory; and the Roman law, as settled 
by Justinian, appears to have satisfied the Eastern empire long 
after the Western nations had begun to recast their institutions, 
and the traders of the Mediterranean had struck out a cosmo- 
politan body of rules and custom known as the Law Merchant, 
whkh claimed acceptance in the name neither of Justinian nor 
of the Church, but of universal reason. It was amply proved 
afterwards that the foundationsof the Roman system were strong 
enough to carry the fabric of modem legislation. But the 
collapse of the Roman power in western Christendom threw 
society back into chaos, and reduced men's ideas of ordered 
justice and law to a condition compared with which the earliest 
Roman law known to us is modern. 

Id this condition of legal ideas, which it would be absurd to 
call jurisprudence, the general duty of keeping faith is not' 
recognized except as a matter of religious or social observance. 
Those who desire to be assured of anything that lies in promise 
must exact an oath, or a pledge, or personal sureties; and even 
then the court of their people—in England the Hundred Court in 
the first instance — will do nothing for them in the first east, 
and qot much in the two latter. Probably the settlement 
of a blood-feud, with provisions for the payment of the fine 



3* 



CONTRACT 



by instalments, was the nearest approach to a continuing con- 
tract, as we now understand the term, which the experience of 
Germanic antiquity could furnish. It is also probable that the 
performance of such undertakings, as it concerned the general 
peace, was at an early time regarded as material to the common- 
weal; and that these covenants of peace, rather than the 
rudimentary selling and bartering of their day, first caused our 
Germanic ancestors to realize the importance of putting some 
promises at any rate under public sanction. We have not now 
to attempt any reconstruction of archaic judgment and justice, 
or the lack of cither, at any period of the darkness and twilight 
which precede the history of the middle ages. But the history 
of the law, and even the present form of much law still common 
to almost all the English-speaking world, can be understood 
only when we bear in mind that our forefathers did not start 
from any general conception of the state's duty to enforce 
private agreements, but, on the contrary, the state's powers and 
functions in this regard were extended gradually, unsystematic- 
ally, and by shifts and devices of ingenious suitors and counsel, 
aided by judges, rather than by any direct provisions of princes 
and rulers. Money debts, it is true, were recoverable from an 
early time. But this was not because the debtor had promised 
to repay the loan; it was because the money was deemed still to 
belong to the creditor, as if the identical coins were merely in 
the debtor's custody. The creditor sued to recover money, for 
centuries after the Norman Conquest, in exactly the same form 
which he would have used to demand possession of land; the 
action of debt closely resembled the " real actions," and, like 
them, might be finally determined by a judicial combat; and 
down to Blackstonc's time the creditor was said to have a 
property in the debt— property which the debtor had " granted " 
him. Giving credit, in this way of thinking, is not reliance on 
the right to call hereafter for an act, the payment of so much 
current money or its equivalent, to be performed by the debtor, 
but merely suspension of the immediate right to possess one's 
own particular money, as the owner of a house let for a term 
suspends his right to occupy it. This was no road to the modern 
doctrine of contract, and the passage had to be made another way. 
In fact the old action of debt covered part of the ground of 
contract only by accident. It was really an action to recover 

any property that was not land; for the remedy of 
JJJe," a dispossessed owner Of chattels, afterwards known 

as detinue, was only a slightly varying form of it. 
If the property claimed was a certain sum of money, it might 
be due because the defendant had received money on loan, or 
because he had received goods of which the agreed price remained 
unpaid; or, in later times at any rate, because he had become 
liable in some way by judgment, statute or other authority of 
law, to pay a fine or fixed penalty to the plaintiff. Here the 
person recovering might be as considerable as the lord of a manor, 
or as mean as a " common informer "; the principle was the 
same. In every case outside this last class, that is to say, when- 
ever there was a debt in the popular sense of the wo~d, it had to 
be shown that the defendant had actually received the money 
or goods; this value received came to be called quid pro quo— 
a term unknown, to all appearance, out of England. Neverthe- 
less the foundation of the plaintiff's right was not bargain or 
promise, but the unjust detention by the defendant of the 
plaintiff 's money or goods. 

We are not concerned here to trace the change from the 
ancient method of proof— oath backed by "good suit," i.e. 

the oaths of an adequate number of friends and 
j^J? neighbours — through the earlier form of jury trial, in 
' " which the jury were supposed to know the truth of 
their own knowledge) to the modern establishment of- facts by 
testimony brought before a jury who are bound to give their 
verdict according to the evidence. But there was one mode of 
proof which, after the Norman Conquest, made a material 
addition to the substantive law. This was the proof by writing, 
which means writing authenticated by seal. Proof by writing 
was admitted trhder Roman influence, but, once admitted, it 
acquired the character of being conclusive which belonged to all 



proof in early Germanic procedure. Oath, ordeal and batt 
were all final in their results. When the process was start< 
there was no room for discussion. So the sealed writing wj 
final too, and a man could not deny his own deed. We still sa 
that he cannot, but with modern refinements. Thus the dec* 
being allowed as a solemn and probative document, furnishc 
a means by which a man could bind himself, or rather effectual! 
declare himself bound, to anything not positively forbidden h 
law. Whoever could afford parchment and the services of 
clerk might have the benefit of a " formal contract " in tl 
Roman sense of the term. At this day the form of deed callc 
a bond or " obligation " is, as it stands settled after vario* 
experiments, extremely artificial; but it is essentially a solcm 
admission of liability, though its conclusive stringency has bc« 
relaxed by modern legislation and practice in the interest of sul 
stanlial justice. By this means the performance of all sorts < 
undertakings, pecuniary and otherwise, could be and was legal] 
secured. Bonds were well known in the 13th century, and froi 
the 14th century onwards were freely used for commercii 
and other purposes; as for certain Kmited purposes they sti 
are. The " covenant " of modern draftsmen is a direct promii 
made by deed; it occurs mainly as incident to conveyances < 
land. The medieval " covenant," cenventio, was, when we fin 
hear of it, practically equivalent to a lease, and never becan 
a common instrument of miscellaneous contracting, though tl 
old books recognize the possibility of turning it to various u» 
of which there are examples; nor had it any sensible influent 
on the later development of the law. On the whole, in the ol 
common law one could do a great deal by deed, but very litt! 
without deed. The minor bargains of daily life, so far as the 
involved mutual credit, were left to the jurisdiction of inferw 
courts, of the Law Merchant, and— last, not least — of the Churcl 

Popular custom, in all European countries, recognized simpli 
ways of pledging faith than parchment and seal. A handshal 
was enough to bind a bargain. Whatever secular law 
might say, the Church said it was an open sin to break j^J 
plighted faith; a matter, therefore, for spiritual 
correction, in other words, for compulsion exercised on tl 
defaulter by the bishop's or the archdeacon's court, arm< 
with the power of excommunication. In this way the ecclesiasl 
cal courts acquired much business which was, in fact, as sccuL 
as that of a modern county court, with the incident profit 
Medieval courts lived by the suitors' fees. What were the king 
judges to do? However high they put their claims in tl 
course of the rivalry between Church and Crown, they could n| 
effectually prohibit the bishop or his official from dealing wii 
matters for which the king's court provided no remedy. Col 
tinental jurists had seen their way, starting from the Roms 
system as it was left by Justinian, to reduce its formaliUi 
to a vanishing quantity, and expand their jurisdiction to tl 
full breadth of current usage. English judges could not do tH 
in the 1 5th century, if they could ever have done so. Nor woul 
simplification of the requisites of a deed, such as has now bc< 
introduced in many jurisdictions, have been of much use ati 
time when only a minority even of well-to-do laymen cou 
write with any facility. 

There was no principle and no form of action in English la 
which recognized any general duty of keeping promises. Bi 
could not breach of faith by which a party had suffered I 
treated as some kind of legal wrong ? There was a known actic 
of trespass and a known action of deceit, this last of a sped 
kind, mostly for what would now be called abuse of the procci 
of the court; but in the later middle ages it was an admittc 
remedy for giving a false warranty on a sale of goods. Ali 
there was room for actions " on the case," on facts analogw 
to those covered by the old writs, though not precisely v. it hi 
their terms. If the king's judges were to capture this imports 
branch of business from the clerical hands which threatened 1 
engross it, the only way was to devise some new form or actid 
on the case. There were signs, moreover, that the court \ 
chancery would not neglect so promising a field if the comra4 
law judges left it open. 



CONTRACT 



37 



The mm fact of unfulfilled promise was not enough, in the 
qe of medieval English lawyers, to give a handle to the law. 
■ my -*. But injury caused by reliance on another man's under- 
taking was different. The special undertaking or 
"assomptkm M creates a duty which is broken by fraudulent 
« incompetent miscarriage in the performance. I profess to be 
i skilled farrier, and lame your horse. It is no trespass, because 
jsa trusted the horse to me; but it is something like a trespass, 
isd very like a deceit. I profess to be a competent builder; you 
eatploy me to build a house, and I scamp the work so that the 
base is not fit to live in. An action on the case was allowed 
without much difficulty for such defaults. The next step, and 
i tag one, was to provide for total failure to perform. The 
feeder, instead of doing bad work, does nothing at all within 
■Je time agreed upon for completing the house. Can it be said 
&t he has done a wrong? At first the judges felt bound to 
bid that this was going too far; but suitors anxious to have 
& benefit of the king's justice persevered, and in the course 
d the 15th century the new form of action, called assumpsit from 
& statement of the defendant's undertaking on which it was 
feuded, was allowed as a remedy for non-performance as well 
b for faulty performance. Being an action for damages, and 
a* for a certain amount, it escaped the strict rules of proof 
*&h applied to the old action of debt; being in form for a kind 
i tropes, and thus a privileged appeal to the king to do right 
far a breach of his peace, it escaped likewise the risk of the 
&Bdant clearing himself by oath according to the ancient 
Ppoiar procedure. Hence, as time went on, suitors were em- 
k&ned to use " assumpsit " as an alternative for debt, though 
it bd been introduced only for cases where there was no other 
Rsedy. By the end of the 16th century they got their way ; 
•ad it became a settled doctrine that the existence of a debt 
*a enough for the court to presume an undertaking to pay it. 
fc ww form of action was made to cover the whole ground 
tf informal contracts, and, by extremely ingenious devices of 
Mtg, developed from the presumption or fiction that a man 
ki promised to pay what he ought, it was extended in time 
* » great variety of cases where there was in fact so contract 

Cli 

fe new system gave no new force to gratuitous promises. 
wit was assumed, as the foundation of the jurisdiction, that 
'-^ the plaintiff had been induced by the defendant's 
a* aadertaking, and with the defendant's consent, to 
alter his position for the worse in some way. He had 
M or bound himself to pay money, he had parted with goods, 
■ M spent time in labour, or he had foregone some profit or 
"Pi right If he had not committed himself to anything on the 
**Bgtft of the defendant's promise, he had suffered no damage 
*1 had so cause of action. Disappointment of expectations 
B ®P»mant I but it is not of itself AimKirtw in a legal sense. To 
«e cp the effect of this in modern language, the plaintiff must 
*** Iran value of some kind, more or less, for the defendant's 
faking. This something given by the promisee and accepted 
^ tie promisor in return for his undertaking is what we now 
23 the consideration for the promise. In cases where debt 
*Ud also lie, it coincides with the old requirement of value 
aczivtd [quid pro quo} as a condition of the action of debt being 
"*3aUe. But the conception is far wider, for the consideration 
v a promise need not be anything capable of delivery or 
^•ooon. It may be money or goods; but it may also be an 
**r series of acts ; further (and this is of the first importance 
**k modern law), it may itself be a promise to pay money or 
"*» goods, or to do work, or otherwise to act or not to act in 
**f9ecined way. Again, it need not be anything which b 
7*tt&ry for the promisor's benefit. His acceptance ahows 
«t be set some value on it; but in truth the promisee's burden, 
*d&ot the promisor's benefit, is material. The last refinement 
1 holding that, when mutual promises are exchanged between 
***** each promise is a consideration for the other and makes 
lauding, was conclusively accepted only in the 17th century, 
^fttndt was that promises of mere bounty cdutd no more be 
*b*d than before, but any kind of lawful bargain could; 



and there Is no reason to doubt that this was in substance what 
most men wanted. Ancient popular usage and feeling show 
little more encouragement than ancient law itself to merely 
gratuitous alienation or obligations. Also (subject, till quite 
modern times, to the general rule of common-law procedure 
that parties could not be their own witnesses, and subject to 
various modern statutory requirements in various classes of 
cases) no particular kind of proof was necessary. The necessity 
of consideration for the validity of simple contracts was un- 
fortunately confused by commentators, almost from the beginning 
of its history, with the perfectly different rules of the Roman 
law about nudum pactum, which very few English lawyers took 
the pains to understand. Hasty comparison of misunderstood 
Roman law, sometimes in its civil and sometimes in its ecclesi- 
astical form, is answerable for a large proportion of the worst 
faults in old-fashioned text-books. Doubtless many canonists, 
probably some common lawyers, and possibly some of the judges 
of the Renaissance time, supposed that ex nudo pado mm oritur 
actio was in some way a proposition of universal reason; but it 
is a long way from this to concluding that the Roman law had 
any substantial influence on the English. 

The doctrine of consideration is in fact peculiar to those 
jurisdictions where the common law of England is in force, or 
is the foundation of the received law, or, as in South Africa, has 
made large encroachments upon it in practice. Substantially 
similar results are obtained in other modern systems by professing 
to enforce all deliberate promises, but imposing stricter conditions 
of proof where the promise is gratuitous. 

As obligations embodied in the solemn form of a deed were 
thereby made enforceable before the doctrine of consideration 
was known, so they still remain. When a man has 0*4^ 
by deed declared himself bound, there is no need to 
look for any bargain, or even to ask whether the other party 
has assented. This rugged fragment of ancient law remains 
embedded in our elaborate modern structure. Nevertheless 
gratuitous promises, even by deed, get only their strict and bare 
rights. There may be an action upon them, but the powerful 
remedy of specific performance—often the only one worth 
having— is denied them. For this is derived from the extra- 
ordinary jurisdiction of the chancellor, and the equity ad- 
ministered by the chancellor was not for plaintiffs who could 
not show substantial merit as well as legal claims. The singular 
posttion of promises made by deed is best left out of account 
in considering the general doctrine of the formation of contracts; 
and as to interpretation there is no difference. In what follows, 
therefore, it will be needless, as a rule, to distinguish between 
" parol " or " simple " contracts, that is, contracts not made by 
deed, and obligations undertaken by deed. 

From the conception of a promise being valid only when 
given in return for something accepted in consideration of 
the promise, it follows that the giving of the promise 
and of the consideration must be simultaneous. Words 
of promise uttered before there is a consideration for 
them can be no more than an offer; and, on the other hand, the 
obligation declared in words, or inferred from acts and conduct, on 
the acceptance of a consideration, is fixed at that time, and cannot 
be varied by subsequent declaration, though such declarations 
may be material as admissions. It was a long while, however, 
before this consequence was clearly perceived. In the 18th 
century it was attempted, and for a time with considerable 
success, to extend the range of enforceable promises without 
regard to. what the principles of the law would bear, in order 
to satisfy a sense of natural justice. This movement was checked 
only within living memory, and traces of it remain in certain 
apparently anomalous rules which are indeed of little practical 
importance, but which private writers, at any rate, cannot 
safely treat as obsolete. However, the question of "past 
consideration " is too minute and technical to be pursued here. 
The general result is that a binding contract is regularly consti- 
tuted by the acceptance of an offer, and at the moment when it 
is accepted; and, however complicated the transaction may be, 
there must always, in the theory of English law, be such a 



3« 



CONTRACT 



moment in every case where a contract is formed. It also 
follows that an offer before acceptance creates no duty of any 
kind (" A revocable promise is unknown to our law "—Anson); 
which is by no means necessarily the case in systems where 
the English rule of consideration is unknown. The question 
what amounts to final acceptance of an offer is, on the other 
hand, a question ultimately depending on common sense, and 
must be treated on similar lines in all civilized countries where 
the business of life is carried on in a generally similar way. The 
rules that an offer is understood to be made only for a reasonable 
time, according to the nature of the case, and lapses if not 
accepted in due time; that an expressed revocation of an offer 
can take effect only if communicated to the other party before 
he has accepted; that acceptance of an offer must be according 
to its terms, and a conditional or qualified acceptance is only 
a new proposal, and the like, may be regarded as standing on 
general convenience as much as on any technical ground. 

Great difficulties have arisen, and in other systems as well 
as in the English, as to the completion of contracts between 
-_ persons at a distance. There must be some rule, and 
fZ£rt fJln yet any rule that can be framed must seem arbitrary 
' in some cases. On the whole the modem, doctrine 
Is to some such effect as the following:— 

The proposer of a contract can prescribe or authorise any 
mode, or at least any reasonable mode, of acceptance, and if he 
specifies none he is deemed to authorize the use of any reasonable 
mode in common use, and especially the post. Acceptance in 
words is not always required; an offer may be well accepted 
by an act clearly referable to the proposed agreement, and 
constituting the whole or part of the performance asked for— 
say the despatch of goods in answer to an order by post, or the 
doing of work bespoken; and it seems that in such cases further 
communication— unless expressly requested— is not necessary 
as matter of law, however prudent and desirable it may be. 
Where a promise and not an act is sought (as where a tradesman 
writes a letter offering goods for sale on credit), it must be 
communicated; in the absence of special direction letter post 
or telegraph may be used; and, further, the acceptor having 
done bis part when his answer is committed to the post, English 
courts now hold (after much discussion and doubt) that any 
delay or miscarriage in course of post is at the proposer's risk, 
so that a man may be bound by an acceptance he never received. 
It is generally thought— though there is no English decision— 
that, in conformity with this last rule, a revocation by telegraph 
of an acceptance already posted would be inoperative. Much 
more elaborate rules are laid down in some continental codes. 
It seems doubtful whether their complication achieves any gain 
of substantial justice worth the price. At first sight it looks 
easy to solve some of the difficulties by admitting an interval 
during which one party is bound and the other not. But, apart 
from the risk of starting fresh problems as hard as the old ones, 
English principles, as above said, require a contract to be con- 
cluded between the parties at one point of time, and any excep- 
tion to this would have to be justified by very strong grounds of 
expediency. We have already assumed, but it should be specific- 
ally stated, that neither offers nor acceptances are confined to 
communications made in spoken or written words. Acts or 
signs may and constantly do signify proposal and assent. One 
does not in terms request a ferryman to put one across the river. 
Stepping into the boat is an offer to pay the usual fare for being 
ferried over, and the ferryman accepts it by putting off. This is 
a very simple case, but the principle is the same in all cases. 
Acts fitted to convey to a reasonable man the proposal of an 
agreement, or the acceptance of a proposal he has made, are as 
' good in law as equivalent express words. The term " implied 
contract " is current in this connexion, but it is unfortunately 
ambiguous It sometimes means a contract concluded by acts, 
not words, of one or both parties, but still a real agreement; 
sometimes an obligation imposed by law where there is not any 
agreement in fact, for which the name " quasi-contract " is 
more appropriate and now usual. 

The obligation of contract is an obligation created and deter- 



mined by the will of the parties* Herein Is' the characteristic 
difference of contract from all other branches of law. 
The business of the law, therefore, is to give effect so JJJJJJ 1 " 
far as possible to the intention of the parties, and all 
the rules for interpreting contracts go back to this fundamental 
principle and are controlled by it. Every one knows that its 
application is not always obvious. Parties often express them- 
selves obscurely; still oftener they leave large parts of their 
intention unexpressed, or (which for the law is the same thing) 
have not formed any intention at all as to what is to be done 
in certain events. But even where the law has to fill up gaps by 
judicial conjecture, the guiding principle still is, or ought to be, 
the consideration of what either party has given the other 
reasonable cause to expect of him. The court aims not at 
imposing terms on the parties, but at fixing the terms left blank 
as the parties would or reasonably might have fixed them if all 
the possibilities had been clearly before their minds. For this 
purpose resort must be had to various tests: the court may 
look to the analogy of what the parties have expressly provided 
in case of other specified events, to the constant or general 
usage of persons engaged in like business, and, at need, ultimately 
to the court's own sense of what is just and expedient. Al 
auxiliary rules of this kind are subject to the actual will of thi 
parties, and are applied only for want of sufficient declaratioi 
of it by the parties themselves. A rule which can take efiec 
against the judicially known will of the parties is not a rule q 
construction or interpretation, but a positive rule of law. How 
ever artificial some rules of construction may seem, this tes, 
will always hold. In modern times the courts have avoided 
laying down new rules of construction, preferring to keep a f re 
hand and deal with each case on its merits as a whole. It shoul 
be observed that the fulfilment of a contract may create 
relation between the parties which, once established, is governe 
by fixed rules of law not variable by the preceding agreement 
Marriage is the most conspicuous example of this, and perhag 
the only complete one in our modern law. 

There are certain rules of evidence which to some extei 
guide or restrain interpretation. In particular, oral testimox 
is not allowed to vary the terms of an agreement i 

reduced to writing. This is really in aid of the parties' B ** g * m 
deliberate intention, for the object of reducing terms to writii 
is to make them certain. There are apparent exceptions to tl 
rule, of which the most conspicuous is the admission of evidenj 
to show that words were used in a special meaning current 
the place or trade in question. But they are reducible, it will | 
found, to applications (perhaps over-subtle in some cases) 
the still more general principles that, before giving legal lot 
to a document, we must know that it is really what it purpoi 
to be, and that when we do give effect to it according to j 
terms we must be sure of what its terms really say. The ruJ 
of evidence here spoken of are modern, and have nothing to | 
with the archaic rule already mentioned as to the effect of a eta 

Every contracting party is bound to perform his prom 
according to its terms, and in case of any doubt in the sei 
in which the other party would reasonably understand 
the promise. Where the performance on one or both 
sides extends over an appreciable time, continuously i 

or by instalments, questions may arise as to the right of eitj 
party to refuse or suspend further performance on the grot 
of some default on the other side. Attempts to lay down hi 
and fast rules on such questions are now discouraged, the i 
of the courts being to give effect to the true substance atnd int 
of the contract in every case. Nor will the court hold one p 
of the terms deliberately agreed to mote or less material t\ 
another in modern business dealings. "In the contracts 
merchants time is of the essence," as the Supreme Court of I 
United States has said in our own day. Certain ancient r 
restraining the apparent literal effect of common peovisj 
in mortgages and other instruments were in truth control 
rules of policy. New rules of this kind can be made onli 
legislation. Whether the parties did or did not in fact inl 
the obligation of a contract to be subject to <&x)ejtx>re 



CONTRACT 



: 39 



atibouis, however, a possible tad not uncommon question of 
iierpteutioa. Otoe class of cases giving rise to inch questions 
i that in which performance becomes impossible by some 
Haul cause not due to the promisor's own mult; a stoUar 
ptt not identical one is that in which the agreement could be 
itenOy performed, and yet the performance would not give 
k promisor the substance of what be bargained for; as 
uppeoed in the " coronation cases " arising out of the post- 
panest of the king's coronation in 1002* As to promises 
rtwously absurd or impossible from the first, they are un- 
statable only on the ground that the parties cannot have 
nwaiy meant to create a liability. For precisely the tame 
nan, supported by the general usage and understanding of 
Eotiad, common social engagements, though they often fulfil 
iG other requisites' of a contract, have never been treated as 
bbdinginlav. 

la all natters of contract, at we have said, the ascertained 
*i of the parties prevails. But this means a will both lawful 
jjjt, and free. Hence there are limits to the force of the 
genera! rule, fixed partly by the law of the land, which 
iibwemdmdual will and interests, partly by the need of 
mring mod faith and justice between the parties themselves 
tnisst fraud or misadventure. Agreements cannot be enforced 
•fa their performance would involve an offence against the 
b. There may be legal offence, it must be remembered, not 
«*T in acts commonly recognized as criminal, disloyal or 
samai, but in the breach or non-observance of positive regula- 
te* nade by the legislature, or persons having statutory 
"My, for a great variety of purposes. It would be useless 
fcpwdtUfls on the subject here. Again, there are cases where 
n agreement may be made and performed without offending 
k aw, but on grounds of " public policy " it is not thought 
3& that ibe performance should be a matter of legal obligation, 
fa if the ordinary conditions of an enforceable contract are 
e&d. A man may bet, in private at any rate, if he likes, 
**Mr« receive as the event may be; but for many years 
Se *iaoer has had no right of action against the loser. Un- 
gate timidity on the part of the judges, who attempted 
'idrjw distinctions instead of saying boldly that they would 
* entertain actions on wagers of any kind, threw this topic 
*» tie domain of legislation; and the laudable desire of 
Nanent to discourage gambling, so far as might be, without 
cssptiog impossible prohibitions, has brought the law to a 
&* ft/ ludicrous complexity in both civil and criminal jurisdic- 
**■ But what is really important under this doctrine of public 
^78 the confinement of M contracts in restraint of trade " 
*aia special limits. In the middle ages and down to modern 
tas there was a strong feeling—not merely an artificial legal 
^a-against monopolies and everything tending to mono 
Agreements to keep up prices or not to compete were 
' d u criminal. Gradually it was found that some kind of 
* security against competition must be allowed if such 
cious as the sale of a going concern with its goodwill, 
JJ« retirement of partners from a continuing firm, or the 
t of confidential servants in matters involving trade 
\ nre to be carried on to the satisfaction of the parties, 
j to lay down fixed rules in these matters were made 
J tiae to time, but they were finally discredited by the 
a of the House of Lords in the Maxim-Nordenfelt Com- 
fit in 1804. Contracts u in restraint of trade " will now 
*4 totid, provided that they are made for valuable considera- 
Itis even if they are made by deed), and do not go beyond 
^bethought reasonable for the protection of the interests 
**d. and arc not injurious to the public. (The Indian 
'"tt Act, passed in 187s, has unfortunately embodied 
laov obsolete, and remains unamended.) All that remains 
1 old rules in England is the necessity of valuable considera*- 
>*btever be the form of the contract, and a strong pre- 
ta-but not an absolute rule of law— that an unqualified 
tail not to carry on a particular business is not 
fcabie. 
*** tbtrc is no reason in the nature of the oontract for not 



enforcing it, the consent of a contracting party may still not be 
binding on him because not given with due knowledge, or, if he 
is in a relation of dependence to the other party, with inde-. 
pendent judgment Inducing a man by deceit to enter into a 
contract may always be treated by the deceived party ptmi, 
as a ground for avoiding his obligation, if he does so 
within a reasonable time after discovering the truth, and, In 
particular, before any innocent third person has acquired rights 
for value on the faith of the contract (see Fiaud). Coercion 
would be treated on principle in the same way as fraud, but 
such cases hardly occur in modern times. There is a kind of 
moral domination, however, which our courts watch with -the 
utmost jeakmsy, and repress under the nameof "undue influence" 
when it is used to obtain pecuniary advantage. Persona in a 
position of legal or practical authority— guardians, confidential 
advisers, spiritual directors, and the like— must notabuse their 
authority for selfish ends. They are not forbidden to take 
benefits from those who depend on them or put their trust i» 
them; out if they do, and the givers repent of their bounty, 
the whole burden of proof is on the takers to show that the gilt 
was in the first Instance made freely and with understanding. 
Large voluntary gifts or beneficial contracts, outside the limits 
within which natural affection and common practice justify 
them, are indeed not encouraged in any system of civilised 
law. Professional money-lenders were formerly checked by 
the usury law* since those laws were repealed in 1854, courts 
and juries have shown a certain astuteness in applying the 
rules of law as to fraud and undue influence— the latter with 
certain special features— to transactions with needy " expectant 
heirs " and other improvident persons which seem on the whole 
unconscionable. The Money Lenders Act of 1000 has fixed 
and (as finally interpreted by the House of Lords) also sharpened 
these 1 developments. In the case of both fraud and undue 
influence, the person entitled to avoid a contract may, if so 
advised, ratify it afterwards; and ratification, if made with 
full knowledge and free judgment, is irrevocable. A contract 
made with a person deprived by unsound mind or intoxication 
of the capacity to form a rational judgment is on the same 
footing as a contract obtained by fraud, if the want of capacity 
is apparent to the other party. 

There are many cases in which a statement made by one party to 
the other about a material fact will enable the other to avoid the 
contract if he has relied on it, and it was in fact untrue, 
though it may have been made at the time with honest JJJJ 
belief in its truth. This is so wherever, according to the 
common course of business, it is one party's business to know 
the facts, and the other practically must, or reasonably may, 
take the facts from him. In some classes of cases even faadver* 
tent omission to disclose any material fact is treated as a mis- 
representation. Contracts of insurance are the most important; 
here the insurer very seldom has the means) of making any 
effective inquiry of his own. Misdescription of real pi op eity 
on a sale, without fraud, may according to its importance be 
a matter for compensation or for setting aside the contract. 
Promoters of companies are under special duties as to good faith 
and disclosure which have been worked out at great length hi 
the modem decisions. But company law has become so complex 
within the present generation that, so far from throwing much 
light on larger principles, it is hardly intelligible without some 
previous grasp of them. Sometimes it is said that misrepre- 
sentation (apart from fraud) of any material fact will serve to 
avoid any and every kind of contract. It is submitted that this 
is certainly not the law as to the sale of goods or as to the contract 
to marry, and therefore the alleged rule cannot be laid down 
as universal. But it must be remembered that parties can, if 
they please, and not necessarily by the express terms of the 
contract itself, make the validity of their contract conditional 
on the existence of any matter of fact whatever, including the 
correctness of any particular statement. If they have done this; 
and the fact is not so, the contract has no force; not because 
there has been a misrepresentation, but because the parties 
agreed to be bound if the fact was so and not otherwise. It a 



40 



CONTRACTILE VACUOLE--CONTRAFAGOTTO 



a question of interpretation whether in a given case there was 
any such condition. 

Mistake is said to be a ground for avoiding contracts, and there 
are cases which it is practically convenient to group under this 
^-j-. head. On principle they seem to be mostly reducible to 
failure of the acceptance to correspond with the offer, or 
absence of any real consideration for the promise. In such cases, 
whether there be fraud or not, no contract is ever formed, and 
therefore there is nothing which can be ratified—a distinction 
which may have important effects. Relief against mistake is 
given where parties who have really agreed, or rather their 
advisers, fail to express their intention correctly. Here, if the 
original true intention is fully proved — as to which the court 
js rightly cautious—the faulty document can.be judicially 
rectified. 

By the common law an infant (i.e. a person less than twenty-one 
years old) was bound by contracts made for " necessaries," *.«. 
jm^flfr such commodities as a jury holds, and the court thinks 
they may reasonably hold, suitable and required for 
the person's condition; also by contracts otherwise clearly for 
his benefit; all other contracts he might confirm or avoid after 
coming of age. An extremely ill-drawn act of 1874 absolutely 
deprived infants of the power of contracting loans, contracting 
for the supply of goods other than necessaries, and stating an 
account so as to bind themselves; it also disabled them from 
binding themselves by ratification. The liability for necessaries 
is now declared by legislative authority in the Sale of Goods Act 
1893; the modern doctrine is that it is in no case a true liability 
on contract. There is an obligation imposed by law to pay, not 
the agreed price, but a reasonable price. Practically, people 
who give credit to an infant do so at their peril, except in cases 
of obvious urgency. 

Married women were incapable by the common law of con- 
tracting in their own names. At this day they can hold separate 
property and bind themselves to the extent of that property — 
not personally— by contract. The law before the Married 
Women's Property Acts (1882 and 1893, and earlier acts now 
superseded and repealed) was a very peculiar creature of the 
court of chancery; the number of cases in which it is necessary 
to go back to it is of course decreasing year by year. But a 
married woman can still be restrained from anticipating the 
Income of her separate property, and the restriction is still 
commonly inserted in marriage settlements. 

There is a great deal of philosophical interest about the nature 
and capacities of corporations, but for modern practical purposes 
it may be said that the legal powers of British corporations are 
directly or indirectly determined by acts of parliament. For 
companies under the Companies Acts the controlling instrument 
or written constitution is the memorandum of association. 
Company draftsmen, taught by experience, nowadays frame 
this in the most comprehensive terms. Questions of either 
personal or corporate disability are less frequent than they 
were. In any case they stand apart from the general principles 
which characterize our law of contract 

The rights created by contract are personal rights against the 
promisors and their legal representatives, and therefore different 
^^ in kind from the rights of ownership and the like 
2J 11 which are available against all the world. Nevertheless 
WW they may be and very commonly are capable of 
pecuniary estimation and estimated as part of a man's 
assets. Book debts are the most obvious example. Such rights 
are property in the larger sense: they are in modern law trans- 
missible and alienable, unless the contract is of a kind implying 
personal confidence, or a contrary intention is otherwise shown. 
The rights created by negotiable instruments are an important 
and unique species of property, being not only exchangeable 
but the very staple of commercial currency. Contract and 
conveyance, again, are distinct in their nature, and sharply 
distinguished in the classical Roman law. But in the common 
law property in goods is transferred by a complete contract of 
sale without any further act, and under the French civil code 
and systems which have followed it a like rule applies not only 



to movables but to immovables. In English law procuring a* 
man to break his contract is a civil wrong against the other 
contracting party, subject to exceptions which are still not 

'The History of Assumpsit/* 
\ge, Mass. 1889); PoUockand 
id ed. f ii. 184-239 (Cambridge. 
Contract " in Encyclopaedia of 
a, 1907), a technical summary 
edition of the Indian Contract 
m and Bombay. 190s) restate* 
mmon law besides commenting 
il. Of the text-books, Anson, 
in eleventh, edition in 1906; 
lition. 1901); \je*kt.Princtpi*s 
1 by Randall. 1906); Pol lock. 
, 1910, third American edition* 
York, 1906). O.W. Holmes'* 
nited States) The Common Lav* 
on contract as on other legal 
annot accept all the learned 
- - (F.Po.) 

CONTRACTILE VACUOLE, in biology, a spherical space filled 
with liquid, which at intervals discharges into the medium; it 
is found in all fresh-water groups of Protozoa, and some marine 
forms, also in the naked aquatic reproductive cells of Algae and 
Fungi. It is absent in states with a distinct cell-wall to resist 
excessive turge&cence, such as would lead to the rupture of a. 
naked cell, and we conclude that its chief function is to prevent 
such tumescence in unprotected naked cells. It fulfils also 
respiratory and renal functions, and is comparable, physiologi- 
cally, to the contractile vesicle or bladder of Rotifers and 
Turbellarians. In many species it is part of a complex of canals 
or spaces in the protoplasm. 

See M- Hartoe. British Association Reports, and Deten, Botanisckm 
Zeitung, vol. hull. Abt. 1 (1905) (see also Protozoa; 1>*otopl.as»«). 
CONTRADICTION, PRINCIPLE OF (principium contradU- 
iionis), in logic, the term applied to the second of the three 
primary " laws of thought," The oldest statement of the law 
is that contradictory statements cannot both at the same time 
be true, e.g. the two propositions " A is B " and " A is not B" 
are mutually exclusive. A may be B at one time, and not at 
another; A may be partly B and partly not B at the same time; 
but it is impossible to predicate of the same thing, at the same 
time, and in the same sense, the absence and the presence of the 
same quality. This is the statement of the law given by Aristotle 
(to yap o6ro faapx** re cat pij vwapxa* ASurarov t<£ cu't^j 
koI Kara to afrro, Mela ph. T 3, 1005 b 19). It takes no 
account of the truth of either proposition; if one is true, the 
other is not; one of the two must be true. 

Modern logicians, following Leibnitz and Kant, have generally 
adopted a different statement, by which the law assumes an 
essentially different meaning. Their formula is " A is not 
not- A "; in other words it is impossible to predicate of a thing 
a quality which is its contradictory. Unlike Aristotle's law 
this law deals with the necessary relation between subject and 
predicate in a single judgment. Whereas Aristotle states that 
one or other of two contradictory propositions must be false 
the Kantian law states that a particular kind of proposition is 
in itself necessarily false. On the other hand there is a real 
connexion between the two laws. The denial of the statement 
" A is not-A " presupposes some knowledge of what A is, i.e. 
the statement A is A. In other words a judgment about A Is 
implied. JC ant's analytical propositions depend on presupposed 
concepts which are the same for all people. His statement, 
regarded as a logical principle purely and apart from material 
facts, does not therefore amount to more than that of AristoUe 
which deals simply with the significance of negation. * 

See text-books of Logic t e.g. C. Stewart's Logic (trans. Helen 
Dcndy, London, 1895), vol. 1. pp. 142 fou. ; for the various expressions 
of the law see Ueben*eg's Logtk. « 77; also J. S. Mill, Examination 
of Hamilton, 471; Venn, Empirical Logic 

COhTRAFAGOTTO, Double .Bassoon or Coktoabassoon 
(Fr. contrcbasson; Ger. Kontrafagoll), a wood-wind instrument 
of the double reed family, which it completes ss grand bass. 
the other members being the oboe, cor anglais, and h»Trmon_ 



CONTRALTO—CONTRAPUNTAL FORMS 



41 



The eontrafagotto corresponds to the double baas in strings, 

to the contrabass tuba in the brass wind, and to the pedal 

darinrt in the single reed wood wind. 
Tkrt are at the present day three distinct makes of contra- 

isjotto. (i) The modern German (fig. i) is founded on the 
^— — older models, resembling 

the bassoon, the best- 
known being Heckel's of 
Bicbrich-am-Rhcin, used 
at Bayreuth and in many 
German orchestras. In 
thb model the character- 
istics of the bassoon are 
preserved, and the tone 
is of true fagotto quality 
extended in its lower 
register. TheHeckelcon- 
' trafagotto consists of a 
wooden tube 16 ft. 4 in. 
long with a conical bore, 
and doubled back four 
times upon itself to make 
it less unwieldy. It is 
thus about the same 
length as the bassoon and 
terminates in a bell 4 m. 
in diameter pointing 
downwards. The crook 
consists of a small brass 
tube about a ft. long, 
having a very narrow bore, 
to which is bound the 
double-reed mouthpiece, 
(a) The modern English 
double bassoon is one 
designed by Dr W. JL 
Stone, and made under 
his superintendence by 
Haseneier of Cobkns. 1 1 



Fk.i.- „ 

haatto, German ££ 



m dp. c. R. Dty*» i* stated that instruments 

-*-«> v^. HMU . A Mm$. m 'in t t. bt of this pattern are less 

wdel (WUbalm gSSSd.. FyM fatiguing to blow than 

Hcckd J- Fio. 2.— Contra- those resembling the bas- 

fagotto. Haseneier- ^n. Tne ^^ fe tru]y 

Morton model. ^^ sUrling ^ a 

&*neter of \ in. at the reed and ending in a diameter of 
4 in. at the open end of the tube which points upwards and has 
00 denned bell, being merely finished with a rim. Alfred Morton, 
ia England, has constructed double bassoons on Dr Stone's 
feign (fig. a). (3) The third model is of brass and consists of 
* conical tube of wide calibre some 15 or 16 ft. long, curved 
round four times upon itself and having a brass tuba or euphonium 
bell which points upwards. This brass model, usually known 
u the Belgian or French (fig. 3), was really of Austrian origin, 
kviag been first introduced by Schbllnast of Presburg about 
%- B. F. Czerveny of Kdniggrau and Victor Mahillon of 
Brussels both appear to have followed up this idea independently; 
fk former producing a metal eontrafagotto in Eb in 1856 and one 
ia Bb which he called sub-contrafagotto in 1867, while Mahillon'a 
vu ready in J 868. Jn the brass eontrafagotto the lateral holes 
"t pierced at theoretically correct intervals along the bore, and 
bye a diameter almost equal to the section of the bore at the 
point where the hole is pierced. The octave harmonic only is 
obtainable on this instrument owing to the great length of the 
we and it* large calibre. There are therefore two octave keys 

thkhgive a chromatic compass @; 



The modern wooden eontrafagotto has a pitch one octave 
Wow that of the bassoon and three below that of the oboe; its 
compass extending from 16 ft. C. to middle C. The harmonics 
« the octave in. the middle register and of the 12th in the upper 



register are obtained by skilful manipulation of the reed with 
the lips and increased pressure of the breath. The notes of both 
extremes are difficult to produce. 

Although the double bassoon is not a transposing instrument 
the music for it is written an octave higher than the real sounds 



Back. Front. 

Flo. 3.— The French or Belgian Contrafagotto. 

in order to avoid the ledger lines. The quality of tone is some- 
what rough and rattling in the lowest register, the volume of 
sound not being quite adequate considering the depth of the pitch. 
In the middle and upper registers the tone of the wooden contra- 
fagotto possesses all the characteristics of the bassoon. The 
eontrafagotto has a complete chromatic compass, and ft may 
therefore be played in any key. Quick passages are avoided 
since they would be neither easy nor effective, the instrument 
being essentially a slow-speak ing one. The lowest notes are only . 
possible to a good player, and cannot be obtained piano; never- 
theless, the instrument forms a fine bass to the reed family, and ' 
supplies in the orchestra the notes missing in the double bass 
in order to reach 16 ft. C. 



The origin of the eontrafagotto, like that of the oboe (q.v,) must be 
sought in the highest antiquity (see Aulos). Its immediate forerunner 
was the double bombard or bombardino or the great double quint- 



pommer whose compass extended downwards to £ 

It is not known precisely when the change took place, nVonajb it was 
probably soon alter the transformation of the bassoon, but Handel 
scored for the instrument and it was used in military bands before 
being adopted in the orchestra. The original instrument made for 
Handel by T. Stanesby, junior, and played by J. F. Lampe at the 
Marykbone Gardens in 1739, was exhibited at the Royal Military 
Exhibition, London, in 1890. Owing to its faulty construction and 
weak rattling tone the double bassoon fell into disuse, in spite of the 
fact that the great composers Haydn, Mozart and Beethoven scored 
for it abundantly; the last used it in the C minor and choral sym- 
phonies and wrote an obblitato for it in Fiidio. It was restored to 
favour in England by Dr W. H. Stone. (K. S.) 

CONTRALTO (from Ital. contra-atlo, i.e. next above the alto), 
the term for the lowest variety of the female voice, as dis- 
tinguished from the soprano and mezzo-soprano. Originally 
it signified, in choral music, the part next higher than the alto, 
given to the falsetto counter-tenor. 

CONTRAPUNTAL FORMS, in Music. The forms of music 
may be considered in two aspects, the texture of the music from 
moment to moment, and the shape of the musical design as a 
whole. Historically the texture of music became definitely 



4* 



CONTRAPUNTAL FORMS 



organised long before the shape could be determined by any 
but external or mechanical conceptions. The laws of musical 
texture were known as the laws of " counterpoint " (see Counter- 
point and Haemony). The "contrapuntal" forms, then, 
are historically the earliest and aesthetically the simplest in 
music; the simplest, that is to say, in principle, but not neces- 
sarily the easiest to appreciate or to execute. Their simplicity 
is like that of mathematics, the simplicity of the elements 
involved; but the intricacy of their details and the subtlety 
of their expression may easily pass the limits of popularity, 
while art of a much more complex nature may masquerade in 
popular guise; just as mathematical science is seldom popular- 
ized, while biology masquerades in infant schools as " natural 
history." Here, however, the resemblance between counterpoint 
and mathematics ends, for the simplicity of genuine contrapuntal 
style is a simplicity of emotion as well as of principle; and if 
the style has a popular reputation of being severe and abstruse, 
this is largely because the popular conception of emotion is 
conventional and dependent upon an excessive amount of 
external nervous stimulus. 

i. Canotuc Forms and Devices. 

In the canonic forms, the earliest known in music as an inde- 
pendent art, the laws of texture also determine the shape of the 
whole, so that it is impossible, except in the light of historical 
knowledge, to say which is prior to the other. The principle 
of canon being that one voice shall reproduce the material of 
another note for note, it follows that in a composition where 
all parts arc canonic and where the material of the leading part 
consists of a pre-dctermined melody, such as a Gregorian chant 
or a popular song, there remains no room for further considera- 
tion of the shape of the work. Hence, quite apart from their 
expressive power and their value in teaching composers to attain 
harmonic fluency under difficulties, the canonic forms played 
the leading part in the music of the 15th and z6th centuries; 
nor indeed have they since fallen into neglect without grave 
injury to the art. - But strict canon soon proved inadequate, 
and even dangerous, as the .sole regulating principle in music; 
and its rival and cognate principle, the basing of polyphonic 
designs upon a given melody to which one part (generally the 
tenor) was confined, proved scarcely less so. Nor were these 
two principles, the canon and the canto fermo, likely, by com- 
bination in their strictest forms, to produce better artistic 
results than separately. Both were rigid and mechanical 
principles; and their development into real artistic devices 
was due, not to a mere increase in the facility of their use, but 
to the fact that, just as the researches of alchemists led to the 
foundations of chemistry, so did the early musical puzzles lead 
to the discovery of innumerable harmonic and melodic resources 
which have that variety and freedom of interaction which can 
be organized into true works of art and can give the ancient 
mechanical devices themselves a genuine artistic character 
attainable by no other means. 

The earliest canonic form is the rondel or rata as practised 
in the 12th century. It is, however, canonic by accident rather 
than in Its original intention. It consists of a combination of 
short melodies in several voices, each melody being sung by 
each voice in turn. Now it is obvious that if one voice began 
alone, instead of all together, and if when it went on to the 
second melody the second voice entered with the first, and so on, 
the result would be a canon in the unison. Thus the difference 
between the crude counterpoint of the rondel and a strict canon 
in the unison is a mere question of the point at which the com- 
position begins, and a 12th century rondel is simply a canon at 
the unison begun at the point where all the voices have already 
entered. There is some reason to believe that one kind of rondeau 
practised by Adam de la Hale was intended to be sung in the 
true canonic manner of the modern round; and the wonderful 
English rota, " Sumer is icumen in," shows in the upper four 
parts the true canonic method, and in its two-part pes the 
method in which the parts began together. In these archaic 
works the canonic form gives the whole a consistency and stability 



contrasting oddly with the dismal warfare between nascern 
harmonic principle* and ancient anti-harmonic criteria whicl 
hopelessly wrecks them as regards euphony. Assoonasharmons 
became established on a true artistic basis, the unaccompanicc 
round took the position of a trivial but refined art-form, v*itr 
hardly more expressive possibilities than the triolet in poetry, a 
form to which its brevity and lightness renders it fairly compar- 
able. Orlando di Lasso's CdUbrons sans cesse is a beautiful 
example of the i6lh century round, which was at that time 
little cultivated by serious musicians. In more modern times 
the possibilities of the round in its purest form have enormously 
increased; and with the aid of elaborate instrumental accom- 
paniments it plays an important feature in such portions ol 
classical operatic ensemble as can with dramatic propriety be 
devoted to expressions of feeling uninterrupted by dramatic 
action. In the modern round the first voice can execute a long 
and complete melody before the second voice joins in. Even if 
this melody be not instrulnentally accompanied, it will imply 
a certain harmony, or at all events arouse curiosity as to what 
the harmony is to be. And the sequel may shed a new light 
upon the harmony, and thus by degrees the whole character 
of the melody may be transformed. The power of the modern 
round for humorous and subtle, or even profound, expression 
was first fully revealed by Mozart, whose astounding unaccom- 
panied canons would be better known if he bad not unfortunately 
set many of them to extemporized texts unfit for publication. 
The round or the catch (which Is simply a specially jocose round) 
is a favourite English art-form, and the English specimens of 
it are probably more numerous and uniformly successful than 
those of any other nation. Still they cannot honestly be said 
to realize the full possibilities of the form. It is so easy to write 
a good piece of free and fairly contrapuntal harmony in three or 
more parts, and so arrange it that it remains correct when the 
parts are brought in one by one, that very few composers seem 
to have realized that any further artistic device was possible 
within such limits. Even Cherubini gives hardly more than a 
valuable hint that the round may be more than a jeu 0" esprit; 
and, unless he be an adequate exception, the unaccompanied 
rounds of Mozart and Brahms stand alone as works that raise 
the round to the dignity of a serious art-form. With the addi lion 
of an orchestral accompaniment the round obviously becomes 
a larger thing; and when we consider such specimens as that 
in the finale of Mozart's Cost fan little, the quartet in the last 
act of Cherubim's Faniska, the wonderfully subtle quartet 
" Mir 1st so wunderbar " in Beethoven's Fidelia, and the very 
beautiful numbers in Schubert's masses where Schubert finds 
expression for his genuine contrapuntal feeling without incurring 
the risks resulting from his lack of training in fugue-form, we 
find that the length of the initial melody, the growing variety 
of the orchestral accompaniment and the finality and climax 
of the free coda, combine to give the whole a character closely 
analogous to that of a set of contrapuntal variations, such as 
the slow movement of Haydn's " Emperor " string quartet, or 
the opening of the finale of Beethoven's 9th Symphony. • Berlioz 
is fond of beginning his largest movements like a kind of round; 
e.g. his Dies Irae, and Scene aux Champs. 

A moment's reflection will show that three conditions are 
necessary to make a canon into a round. First, the voices 
must imitate each other in the unison; secondly, they must 
enter at equal intervals of time; and thirdly, the whole melodic 
material must be as many times longer than the interval of time 
as the number of voices; otherwise, when the last voice has 
finished the first phrase, the first voice will not be ready to return 
to the beginning. Strict canon is, however, possible under 
innumerable other conditions, and even a round is possible with 
some of the voices at the interval of an octave, as is of course 
inevitable in writing for unequal voices. And in a round for 
unequal voices there is obviously a new means of effect in the 
fact that, as the melody routes, its different parts change 
their pitch in relation to each other. The art by which this is 
possible without incorrectness is that of double, triple and 
multiple counterpoint (see Covnteipoint). Its difficulty j» 



CONTRAPUNTAL FORMS 



43 



ramble, and with an instrumental accompaniment there is 
oase. In fugues, multiple counterpoint is one of the normal 
resources of. music; and few devices are more self-explanatory 
to the ear than the process by which the subject and counter- 
sabjects of a fugue change their positions, revealing fresh melodic 
sad acoustic aspects of identical harmonic structure at every 
uan. This, however, is rendered possible and interesting by 
the fact that the passages in such counterpoint are separated 
by episodes and are free to appear in different keys. Many 
fugues of Bach are written throughout in multiple counterpoint; 
but the possibility of this, even to composers such as Bach and 
Mozart, to whom difficulties seem unknown, depends upon the 
freedom of the musical design which allows the composer to 
select the most effective permutations and combinations of bis 
counterpoint, and also to put them into whatever key he chooses. 
Aa unaccompanied round for unequal voices would bring about 
the permutations and combinations in a mechanical order; 
and unless the melody were restricted to a compass common to 
soprano and alto each alternate revolution would carry it beyond 
the bounds of one or the other group of voices. The technical 
difficulties of such a problem are destructive to artistic invention. 
But they do not appear in the above-mentioned operatic rounds, 
though these are for unequal Voices, because here the length of 
the initial melody is so great that the composition Is quite long 
enough before the last voice has got farther than the first or 
second phrase, and, moreover, the free instrumental accompani- 
ment is capable of furnishing a bass to a mass of harmony 
otherwise incomplete. 

The resources of canon, when emancipated from the principles 
of the sound, are considerable when the canonic form is strictly 
maintained, and are inexhaustible when it is treated freely. A 
caaon need not be in the unison; and when it is in some other 
interval the imitating voice alters the expression of the melody 
by transferring it to another part of the scale. Again, the 
imitating voice may follow the leader at any distance of time; 
sad thus we have obviously a definite means of expression In 
the difference of closeness with which various canonic parts may 
eater, as, for instance, in the stretto of a fugue. Again, if the 
answering part enters oa an unaccented beat where the leader 
began on the accent, there will be artistic value in the resulting 
elnercnce of rhythmic expression. This is the device known 
as for arsim at tkesin. All these devices are, in skilful hands, 
quite definite in their effect upon the ear, and their expressive 
power is undoubtedly due to their special canonic nature. The 
beauty of the pleading, rising sequences in crossing parts that 
we find in the canon in the and at the opening of the Recordore 
a Mozart's Requiem is attainable by no other technical means. 
The dose canon in the 6th at the distance of one minim in re- 
versed accent in Bach's eighteenth Goldberg variation owes all 
ha smooth harmonic expression to the fact that the two canonic 
parts move in sixths which would bo simultaneous but for the 
pause of the minim which reverses the accents of the upper 
part while it creates that chain of suspended discords which 
live harmonic variety to the whole. o> 

Two other canonic devices have important artistic value, 
namely, augmentation and diminution (two different aspects of 
the same thing} and inversion. In augmentation the imitating 
part sings twice as slow as the leader, or sometimes still slower. 
This obviously should impart a new dignity to the melody, sad 
m diminution the expression is generally that of an accession 
of liveliness. 1 Neither of these devices, however, continues to 
appeal to the ear if carried on for long. In augmentation the 
answering part lags so far behind the leader that the ear cannot 
long follow the connexion, while a diminished answer will 
obviously soon overtake the leader, and can proceed on the 
same plan only by itself becoming the leader of a canon in 
augmentation. Beethoven, in the fugues in bis sonatas of 106 
and no, adapted augmentation and diminution to modern 
varieties of thematic expression, by employing them in triple 

« But see the E. major fugue in the second book of the Wold- 
Oemperirtes Khoier, where the entry of the diminished subject (in 
a new position of the scale) is very tender and solemn. 



time, so that, by doubling the length of the original notes across 
this triple rhythm, they produce an entirely new rhythmic 
expression. This does not seem to have been applied by any 
earlier composer with the same consistency or intention. 

The device of inversion consists in the imitating part reversing 
every interval of the leader, ascending where the leader descends 
and vice versa. Its expressive power depends upon such subtle 
matters of the harmonic expression of melody that its artistic 
use is one of the surest signs of the difference between classical 
and merely academic music. There are many melodies of which 
the inversion is as natural as the original form, and does not 
strikingly alter its character. Such are, for instance, the theme 
of Bach's Kunst der Puge, most of PurcelTs contrapuntal themes, 
the theme in the fugue of Beethoven's sonata, op. no, and the 
eighth of Brahms's variations on a theme by Haydn. In such 
cases inversion sometimes produces harmonic variety as well 
as a sense of melodic identity in difference. But where a melody 
has marked features of rise and fall, such as long scale passages 
or bold skips, the inversion, if productive of good harmonic 
structure and expression, may be a powerful method of trans- 
formation. This is admirably shown, in the twelfth of Bach's 
Goldberg Variations, in the fifteenth fugue of the first book of 
bis Forty-eight Preludes and Fugues, in the finale of Beethoven's 
sonata, op. xo6, and in the second subjects of the first and last 
movements of Brahms's clarinet trio. 

The only remaining canonic device which figures in classical 
music is that known as tancruans, in which the imitating part 
reproduces the leader backwards. It is of extreme rarity in 
serious music; and, though it sometimes happens by accident 
that a melody or figure of uniform rhythm will produce something 
equally natural when read backwards, there is only one example 
of its use that appeals to the ear as well aa the eye. This is to 
be found f n the finale of Beethoven's sonata, op. 106, where it is 
applied to a theme with such sharply contrasted rhythmic and 
melodic features that with long familiarity a listener would 
probably feel not only the wayward humour of the passage in 
itself, but also its connexion with the main theme. Nevertheless, 
the prominence given to the device in technical treatises, and the 
fact that this is the one illustration which hardly any of them 
cite, show too clearly the way in which music is treated not only 
as a dead language but as if it had never been alive. 

All these devices are also Independent of the canonic idea, 
since they are so many methods of transforming themes 
in themselves and need not always be used in contrapuntal 
combination. 

2. Fugue. 

As the composers of the i6th century made progress in har- 
monic and contrapuntal expression through the discipline of 
strict canonic forms, it became increasingly evident that there 
was no necessity for the maintenance of strict canon throughout 
a composition. On the contrary, the very variety of canonic 
possibilities, apart from the artistic necessity of breaking up the 
uniform fulness of harmony, suggested the desirability of changing 
one kind of canon for another, and even of contrasting canonic 
texture with that of plain masses of non-polyphonic harmony. 
The result is best known in the polyphonic 16th-century motets. 
In these the essentials of canonic effect are embodied in the entry 
of one voice after another with a definite theme stated by each 
voice in that part of the scale which best suits its compass, (bus 
producing a free canon for as many parts as there are voices, 
in alternate intervals of the 4th, 5th and octave, and at such 
distances of time as are conducive to clearness and variety of 
proportion. It is not necessary for the later voices to imitate 
more than the opening phrase of the earlier, or, if they do 
imitate its continuation, to keep to the same interval. 

Such a texture differs in no way from that of the fugue of more 
modern times. But the form is not what is now understood as 
fugue, inasmuch as 16th-century composers did not normally 
think of writing long movements on one theme or of making a 
point of the return of a theme after episodes. With the appear- 
ance of new words in the text, the 16th-century composer 



44 



CONTRAPUNTAL FORMS 



naturally took up a new theme without troubling to design it for 
contrapuntal combination with the opening; and the form 
resulting from this treatment of words was faithfully reproduced 
in the instrumental ricercari of the time. Occasionally, however, 
breadth of treatment and terseness of design combined to produce 
a short movement on one idea indistinguishable in form from a 
fughtUa of Bach; as in the Kyri* of Palestrina's Mass, Sahc 
Rtgina. 

But in Bach's art the preservation of a main theme is more 
necessary the longer the composition; and Bach has an incalcul- 
able number of methods of giving his fugues a symmetry of form 
and balance of climax so subtle and perfect that we are apt to 
forget that the only technical rules of a fugue are those which 
refer to its texture. In the Kuust der Fuge Bach has shown with 
the utmost clearness how in his opinion the various types of 
fugue may be classified. That extraordinary work is a series of 
fugues, all on the same subject. The earlier fugues show how 
an artistic design may be made by simply passing the subject 
from one voice to another in orderly succession (in the first ex- 
ample without any change of key except from tonic to dominant). 
The next stage of organization is that in which the subject is 
combined with inversions, augmentations and diminutions of 
itself. Fugues of this kind can be conveniently called stretto- 
fugues. 1 The third and highest stage is that in which the fugue 
combines its subject with contrasted counter-subjects, and thus 
depends upon the resources of double, triple and quadruple 
counterpoint. But of the art by which the episodes are con- 
trasted, connected climaxes attained, and keys and subtle 
rhythmic proportions so balanced as to give the true fugue- 
forms a beauty and stability second only to those of the true 
sonata forms, Bach's classification gives us no direct hint. A 
comparison of the fugues in the Kunst der Fuge with those else- 
where in his works reveals a necessary relation between the nature 
of the fugue-subject and the type of fugue. In the Kunst der Fuge 
Bach has obvious didactic reasons for taking the same subject 
throughout; and, as he wishes to show the extremes of technical 
possibility, that subject must necessarily be plastic rather than 
characteristic. Elsewhere Bach prefers very lively or highly 
characteristic themes as subjects for the simplest kind of instru- 
mental fugue. On the other hand, there comes a point when the 
mechanical strictness of treatment crowds out the proper develop- 
ment of musical ideas; and the 7th fugue (which is one solid mass 
of stretto in augmentation, diminution and inversion) and the 
1 ath and 13th (whkh are invertible bodily) are academic exercises 
outside the range of free artistic work. On the other hand, 
the less complicated strctto-fugues and the fugues in double 
and triple counterpoint are perfect works of art and as beautiful as 
any that Bach wrote without didactic purpose. 

Fugue is still, as in the x6th century, a texture rather 
than a form; and the rules given in most technical treatises 
for its general shape are based, not on the practice of the 
great composers, but on the necessities of beginners, whom 
it would be as absurd to ask to write a fugue without giving 
them a form as to ask a schoolboy to write so many pages of 
Latin verses without a subject. But this standard form, what- 
ever its merits may be in combining progressive- technique with 
musical sense, has no connexion with the true classical types of 
fugue, though it played an interesting part in the renaissance 
of polyphony during the growth of the sonaU style, and even gave 
rise to valuable works of art (e.g. the fugues in Haydn's quartets, 
op. to). One of its rules was that every fugue should have a 
stretto. This rule, like most of the others, is absolutely without 
classical warrant; for in Bach the ideas of stretto and of counter- 
subject almost exclude one another except in the very largest 
fugues, such as the 22nd in the second book of the Forty-eight; 
while Handel's fugue-writing is a masterly method, adopted 
as occasion requires, and' with a lordly disdain for recognized 
devices. But the pedagogic rule proved to be not without 
artistic point in more modern music; for fugue became, since the 
rise of the sonata-form, for some generations a contrast with 
the normal means of expression instead of being itself normal. 

1 For technical terms see articles Counterpoint and Focus. 



And while this was so, there was considerable point in using 
every possible means to enhance the rhetorical force of its 
peculiar devices, as is shown by the astonishing modern fugues 
in Beethoven's last works. Nowadays, however, polyphony is 
universally recognized as a permanent type of musical texture, 
and there is no longer any reason why if it crystallizes into the 
fugue-form at all it should not adopt the classics 1 rather than 
the pedagogic type. 

Jt is still an unsatisfied wish of accurate musicians that the term 
fugue should be used to imply rather a certain type of polyphonic 
texture than the whole form of a composition. At present one 
runs the risk of grotesque misconceptions when one quite rightly 
describes as " written in fugue " such passages as the first subjects 
in Mozart's Zauberfidte overture, the andantes of Beethoven's 
first symphony and C minor quartet, or the first and second 
subjects of the finale of Mozart's G major quartet, the second 
subject of the finale of his D major quintet, and the exposition 
of quintuple counterpoint in the coda of the finale of the Jupiter 
Symphony, and countless other passages in the developments and 
main subjects of classical and modern works in sonata form . The 
ordinary use of the term implies an adherence to a definite set 
of rules quite incompatible with the sonata style, and therefore 
inapplicable to these passages, and at the same time equally 
devoid of real connexion with the idea of fugue as understood 
by the great masters of the 16th century who matured it. In 
the musical articles in this Encyclopaedia we shall therefore 
speak of writing " in fugue " as we would speak of a poet writing 
in verse, rather than weaken our descriptions by the orthodox 
epithet of " loose Jug ato" 

3. Counterpoint on a Canto Feme. 

The early practice of building polyphonic designs on a voice- 
part confined to a given plain-song or popular melody furnishes 
the origin for every contrapuntal principle that is not canonic, 
and soon develops into a canonic principle in itself. When the 
canto fermo is in notes of equal length and is sung without inter- 
mission, it is of course as rigid a mechanical device as an acrostic. 
Yet it may have artistic value in furnishing a steady rhythm 
in contrast to suitable free motion in the other parts. When it 
is in the bass, as in Orlando di Lasso's six-part Regina Coeii, 
it is apt to cramp the harmony; but when it is in the tenor 
(Its normal place in 16th-century music), or any other part, it 
determines little but the length of the composition. It may or 
may not appeal to the ear; if not, it at least does no harm, for 
its restricting influence on the harmony is small if its pace is 
slower than that of its surroundings. If, on the other hand, its 
melody is characteristic, or can be enforced by repetition, it 
may become a powerful means of effect, as in the splendid close 
of Fayrfax's Mass Albania quoted by Professor WooWridgc 
on page 3a© in the second volume of the Oxford History of Music, 
Here the tenor part ought to be sung by a body of voices that 
can be distinctly heard through the glowing superincumbent 
harmony; and then the effect of its five steps of sequence in 
a melodiofjs figure of nine semibreves will reveal itself as the 
principle which gives the passage consistency of drift and finality 
of climax. 

When the rhythm of the canto fermo is not uniform, or when 
pauses intervene between its phrases, whether these are different 
figures or repetitions of one figure in different parts of the scale, 
the device passes into the region of free art, and an early example 
of its simplest use is described in the article Music as it appears 
in Joaquin's wonderful Miserere, Orlando di Lasso's work is 
f ull of instances of it, one of the most dramatic of which is the 
motet PremuU spirit* Jesus (Magnum Opus No. 553 1378J), 
in which, while the other voices 'sing the scripture narrative 
of the death and raising of Lazarus, the tenor is beard singing 
to an admirably appropriate theme the words, Latare, mmi 
faros. When the end of the narrative is reached, these words fall 
into their place and are of course taken up in a magnificent 
climax by the whole chorus. 

The free use of phrases of canto fermo in contrapuntal texture, 
whether confined to one part or taken up in fugue by all, 



■S^Sb 



CONTRBXfeVILLE— CONVENTION 



45 



constitutes the whole fabric of 16th-century music; except where 
polyphonic device is dispensed with altogether, as in Palcstrina's 
two settings of the Stabat Mater, his Litanies, and all of his later 
Lamentations except the initials. A 16th-century mass, when 
it is not derived in this way from those secular melodies to which 
the council of Trent objected, is so closely connected with 
Gregorian tones, or at least with the themes of some motet 
appropriate to the holy day for which it was written, that in a 
Roman Catholic cathedral service the polyphonic musk of the 
best period co-operates with the Gregorian intonations to produce 
a consistent musical whole with a thematic coherence almost 
suggestive of Wagnerian Leitmotif. In later times the Protestant 
music of Germany attained a similar consistency, under more 
complicated musical conditions, by the use of chorale-tunes; and 
in Bach's hands the fugal and other treatment of chorale-melody 
is one of the most varied and expressive of artistic resources. 
It seems to be less generally known that the chorale plays a 
considerable though not systematic part in Handel's English 
works. The passage "the kingdom* of the world" in the 
"Hattdujan Chorus " (down to "and He shall live for ever 
and ever") is a magnificent development of the second part of 
the chorale Wackct auf (" Christians wake, a voice is calling ") ; 
and it would be easy to trace a German or Roman origin for many 
of the solemn phrases in long notes which in Handel's choruses 
so often acco mp any quicker themes, 

From the use of an old canto fermo to the invention of an original 
one is obviously a small step; and as there is no limit to the 
possibilities of varying the canto fermo, both in the part which 
most emphatically propounds it and in the imitating or contrasted 
parts, so there is no line of demarcation between the free develop- 
ment of counterpoint on a canto fermo and the general art of 
combining melodies which gives harmony its deepest expression 
and musical texture its liveliest action. Nor is there any such 
line to separate polyphonic from non-polyphonic methods of 
accompanying melody; and Bach's OrgelbUchkin and Brahms's 
posthumous organ-chorales show every conceivable gradation 
between plain harmony or arpeggio and the most complex canon. 

In Wagnerian polyphony canonic devices are rare except in 
such simple moments of anticipation or of communion with 
nature as we have before the rise of the curtain in the Rheingold 
and at the daybreak in the second act of the Gdtlerd&mmcrung. 
On the other hand, the art of combining contrasted themes 
crowds almost every other kind of musical texture (except 
tremolos' and similar simple means of emotional expression) 
into the background, and is itself so transformed by new harmonic 
resources, many of which are Wagner's own discovery, that it 
may almost be said to constitute a new form of art. The influence 
of this upon instrumental music is as yet helpful only in those 
new forms which are breaking away from the limits of the sonata 
style; and it is. impossible at present to sift the essential from 
the unessential in that marvellous compound of canonic device, 
Wagnerian harmony, original technique and total disregard of 
every known principle of musical grammar, which renders the 
work of Richard Strauss the- most remarkable musical pheno- 
menon of recent years. All that is certain is that the two 
elements hi which the music of the future will finally place its 
main organising principles are not those of instrumentation and 
external expression, on which popular interest and controversy 
are at present centred, but rhythmic flow and counterpoint. These 
have always been the elements which suffered from neglect or 
anarchy in earlier transition-periods, and they have always been 
the elements that gave rationality to the new art to which the 
t ransitions led. (D.F.T.) 

COlfTRlXftVlLLX, a watering-place of north-eastern France, 
in the department of Vosges, on the Vair, 39 m. W. of Spinal by 
rail. Fop, (1006) 040.- The mineral springs of Contrexevtlle 
have been m local repute since a remote period, but became 
generally known only towards the end of the x8th century; and 
the modem reputation of the place as a health resort dates from 
1864, when- it began to be developed by a company, the Socittc 
des Eaux de Centrexerflle, and more particularly from about 
1805. In the ten years after this latter date many improvements 



were made for the accommodation of visitors, for whom the season 
is from May to September. The waters of the Source Pavilion, 
which are used chiefly for drinking, have a temperature of 53 F. 
and are characterized chiefly by the presence of calcium sulphate. 
They are particularly efljcadous in the treatment of gravel and 
kindred disorders, by the elimination of uric add. 

See Tkirty-fve years at ContrexbiUo (1903), by Dr Debout 
d'Estrees. 

CONTROL (Fr. eontrdle, older form eontre rolie, from Med. Lat. 
contra-rotuJus,* counter roll or copy of a document used to check; 
the original; there is no instance in English of the use of " con- 
trol " in this, its literal, meaning) , a substantive (whence the verb) 
for that which checks or regulates anything, and so especially 
command of body or mind by the will, and generally the power 
of regulation. In England the " Board of Control," abolished 
in 1858, was the body which supervised the East India Company 
in the administration of India. In the case of " controller," 
a general term for a public official who checks expenditure, the 
more usual form "comptroller" is a wrong spelling due to a 
false connexion with " accompt " or " account." A "control" 
or " control-experiment," in science, is an experiment used, by 
an application of the method of difference, to check the inferences 
drawn from another experiment. 

CONTUMACY (Lat. contumacia, obstinacy; derived from the 
root tern-, as in temnere t to despise, or possibly from the root 
turn-, as in tumere, to swell, with anger, &c), a stubborn refusal 
to obey authority, obstinate resistance; particularly, in law, 
the wilful contempt of the order or summons of. a court (see 
Contempt op Court). In ecclesiastical law, the contempt of 
the authority of an ecclesiastical court is dealt with by the 
issue of a writ de conlumace capiendo from the court of chancery 
at the instance of the judge of the ecclesiastical court; this writ 
took the place of that de excommunicato capiendo in 1813, by an 
act of George III. c 127 (see Excommunication). 

CONUNDRUM (a word of unknown origin, probably coined 
in burlesque imitation of scholastic Latin, as " hocus-pocus " 
or "panjandrum "), originally a term meaning whim, fancy or 
ridiculous idea; later applied to a pun or play upon words, and 
thus, in its usual sense, to a particular form of riddle in which 
the answer depends on a pun. In a transferred sense the word 
it also used of any puzzling question or difficulty. 

CONVENT (Lat. conventus, from convenire, to come together), 
a term applied to an association of persons secluded from the 
world and devoted to a religious life, and hence to the building 
in which they live, a monastery or (more particularly) nunnery. 
The diminution "conventicle" {convenlUulum), generally used 
in a contemptuous sense as implying sectarianism, secrecy or 
illegality, is applied tp the meetings or meeting -places of religious 
or other dissenting bodies.. 

CONVENTION (Lat. conventh, an assembly or agreement, 
from convenire, to come together), a meeting or assembly; an 
agreement between parties; a general agreement on which is 
based some custom, institution, rule of behaviour or taste, or 
canon of art; hence extended to the abuse of such an agreement, 
whereby the rules based upon it become lifeless and artificial. 
The word Is of some interest historically and politically. It is 
used of an assembly of the representatives of a nation, state or 
party, and is particularly contrasted with the formal meetings' 
of a legislature. It is thus applied to those parliaments in English 
history which, owing to the abeyance of the crown, have as- 
sembled without the formal summons of the sovereign; in 1660 
a convention parliament restored Charles II. to the throne, 
and in 1689 the Houses of Commons and Lords were sum moped 
informally to a convention by William, prince of Orange, as 
were the Estates of Scotland, and declared the throne abdicated 
by James II. and settled the disposition of the realm. Similarly, 
the assembly which ruled France from September- 179a to 
October 1795 was known as the National Convention (see below); 
the statutory assembly of delegates which framed the constitution 
of the United States of America in 1787 was called the Constitu- 
tional Convention; and the various American state constitutions 
have been drafted and sometimes revised by constitutional 



4 6 



CONVENTION, THE— CONVERSION 



conventions. In the party system of the United States the 
nomination of party candidates for office or election is in the 
hands of delegates, chosen by the primaries, meeting in the 
convention of the party; the convention system is universal, 
from the national conventions of the Republican and Democratic 
parties, which nominate the candidates for the presidency 
and vice-presidency, down to a ward convention, which nomi- 
nates the candidate ior a town-councilJorship. In diplomacy, 
"convention" is a general name given to international agree- 
ments other than treaties, but not necessarily differing either 
In form or subject-matter from a treaty, and sometimes used 
quite widely of all forms of such agreements. Many con- 
ventions have been made for the formation of international 
"unions" to regulate and protect various economic, industrial 
and other non-political interests, such as postal and telegraphic 
services, trade-marks, patents, copyright, quarantine, &c. 
Thus the Latin Monetary Union was created in 1865 by the 
Convention of Paris, and the abolition of bounties on the pro- 
duction and exportation of sugar by the Convention of Brussels 
in 1001 (see Treaties). 

CONVENTION. THE NATIONAL, in France, the constitutional 
and legislative assembly which sat from the 20th of September 
179a to the 26th of October 1795 (the 4th of Brumaire of the 
year IV.). On the 10th of August 1792, when the populace 
of Paris stormed the Tuileries and demanded the abolition of 
the monarchy, the Legislative Assembly decreed the provisional 
suspension of the king and the convocation of a national conven- 
tion which should draw up a constitution. At the same time 
it was decided that the deputies to that convention should be 
elected by all Frenchmen 25 years old, domiciled for a year and 
living by the product of their labour. The National Convention 
was therefore the first French assembly elected by universal 
Suffrage, without distinctions of class. The age limit of the 
electors was further lowered to 21, and that of eligibility was 
fixed at 25 years. 

The first session was held on the 20th of September 1792. 
The next day royalty was abolished, and on the 22nd it was 
decided that all documents should be henceforth dated from the 
year I. of the French Republic. The Convention was destined 
to last for three years. The country was at war, and it seemed 
best to postpone the new constitution until peace should be 
concluded. At the same time as the Convention prolonged its 
powers it extended- them considerably in order to meet the 
pressing dangers which menaced the Republic. Though a 
legislative assembly, it took over the executive power, entrusting 
it to its own members. This ''confusion of powers," which was 
contrary to the philosophical theories— those of Montesquieu 
especially— which had inspired the Revolution at first, was 
one of the essential characteristics of the Convention. The 
series of exceptional measures by which that confusion of 
powers was created constitutes the "Revolutionary government" 
in the strict sense of the word, a government which was princi- 
pally in vigour during the period called "the Terror." It is 
thus necessary to distinguish, in the work of the Convention, the 
temporary expedients from measures intended to be permanent 

The Convention held its first session in a hall of the Tuileries, 
then it sat in the hall of Manigc, and finally from the 10th of 
May 1793 In that of the Spectacles (or Machines), an immense 
hall in which the deputies were but loosely scattered. This 
last hall had tribunes for the public, which often influenced the 
debate by interruptions or applause. The full number of deputies 
was 749> not counting 33 from the colonies, of whom only a 
section arrived in Paris. Besides these, however, the depart- 
ments annexed from 1792 to 1795 wcrc allowed to send deputa- 
tions. Many of the original deputies died or were exiled during 
the Convention, but not all their places were filled by suppliants. 
Some of those proscribed during the Terror returned after the 
9th of Thermidor. Finally, many members were sent away 
either to the departments or to the armies, on missions which 
lasted sometimes for a considerable length of time. For all 
these reasons it is difficult to find out the number of deputies 
present at any given date, for votes by roll-call were rare. In 



the Terror the number of those voting averaged only 150. 71 
members of the Convention were drawn from all classes * 
society, but the most numerous were lawyers. Seven ty-fi\ 
members had sat in the Constituent Assembly, 183 in tl 
Legislative. 

According to its own ruling, the Convention elected its pre* 
dent every fortnight. He was eligible for re-election after tl 
lapse of a fortnight. Ordinarily the sessions were held in tl 
morning, but evening sessions were also frequent, often extendir 
late into the night. Sometimes in exceptional circumstanci 
the Convention declared itself in permanent session and & 
for several days without interruption. For both legislative an 
administrative purposes the Convention used committees, wii 
powers more or less widely extended and regulated by successh 
laws. The most famous of these committees are those of Publ 
Safety, of General Security, of Education {Comiti da salmi pubii 
Comili de sureU gtndrale, Comiti da I'insJructum). 

The work of the Convention was immense in all branches < 
public affairs. To appreciate it without prejudice, one shoul 
recall that this assembly saved France from a dvil war ar 
invasion, that it founded the system of public education (Musiut 
£cole.Polytecknigue, £cole Nor male Supiriaute, Bale da Langu 
orientates, Conservatoire), created institutions of capital in 
portance, like that of the Grand Litre da la Desk publiqm 
and definitely established the social and political faint of U 
Revolution. 

See French Revolution; GntONOwrs; Movmtad 
Danton; Robespierre; Marat, Ac. 

Convention published a Prvees-atrbal of i 
ie h lacking the value of those published t 

as 1 official document of capital importauc 

G wever, and it has been too much neglect< 

b\ . Aulard, Recueil des actes du comiti de Sal 

Pi iance ogicielle des reprisenlants en missu> 

el txtcutif provisoire (Paris. 1889 et tcq. 

M s-verbaux du comiti ^Instruction Pubtiq\ 

de tie (Paris, 1891-1904, 5 vols. 4to); F. < 

At ie de la Revolution traneaise (Paris, 1903 

M toire de la Ternnr (1862-1881), a wo 

ba ing documents, but written with stroi 

ro *pois. £* Vandalism revoluliouuaire ( 1 861 

fo the Convention. A detailed bibliograpl 

of 1 to the Convention is given in the Ripertci 

it uscrites de l' his toire de Paris pendant 

Ri viii. Ac. (1008), edited by A. Tueley und 

th ucipaltty of Paris. For a more suntmai 

bil rncux, Bibliog. de fkisioire da Paris benda 

k . . . I «9-95 (Parts, 1890). (R. A.* 

CONVERSANO, a town and episcopal see of Apulia, Ital 
in the province of Ban, 17 m. S.E. by rail from the town of Baj 
Pop. (xooi) 13,685. It has a fine southern Romanesque cathedr 
of the end of the nth century, with a modernized interior, ar 
a castle which from 2456 belonged to the Acquaviva famil 
dukes of Atri and counts of Conversano. The convent i 
S. Benedetto Is one of the earliest offshoots of Montccassin 
(Sec S. Simone, // Duomo di Conversano, Trani, 1896). Hei 
or in the vicinity, is the site of the unimportant ancient ton 
of Norba. 

CONVERSION (Lat eonversia, from conttrtere t to turn - 
change), ageneral term for the operation of converting, changin 
or transposing; used technically in special senses in logi 
theology and law. 

1. In logic, conversion is one of three chief methods of if 
mediate inference by which a conclusion is obtained -direct 
from a single premise without the intervention of anoth 
premise or middle term. A proposition in said to be "convene* 
when the subject and the predicate change places; the origin 
proposition is the "convertend," the new one the "convene 
The chief rule governing conversion is that no term which was n 
distributed 1 in the convertend may be distributed in the co 
verse; nor may the quality of the proposition (affirmative 
negative) be changed. It follows that of the four possible fori 
t > A term is said to be " distributed " when h Is taken universal! 
in the proposition " men are mortal " (meaning " all men ") t 
term " men " is " distributed " while " mortal is undistributc 
because there are mortal beings which are not men. 



CONVERSION 



♦7 



tf propositions A, E, I and O (tee article A), E Mid I eta be 

cuverted simply. If no A is B (E), it follow* that aoBiiA} 
if a»e A U B, it follows that some B is A. This form of coo- 
raaoa it ailed Simple Conversion* £ propositions convert into 
£, and 1 into L On the other hand, A cannot be cooTerted 
aapiy. If all men axe mortal, the most that can follow by 
canvenkn is that some mortals are men. This is called Con- 
traioaby limitation or Per Accident. Only if it be known 
(ran menial or non-logical sources that the predicate also is 
distributed can there be simple conversion of a universal affirma- 
tttt Neither of these forms of conversion can be applied to 
the particular negative proposition 0, whkh has to be dealt 
vith under a secondary system of conversion, as follows. The 
terminology by which these secondary processes are described 
sat altogether satisfactory, and logicians are not agreed as to 
tk application of the term*. The following system is perhaps the 
■at commonly used. We have seen that the converse of "all 
As B" is "some B is A"; we can, in addition, derive from it 
another, though purely formal, proposition "'no A is not-B"; 
ius E proposition. This process is called Obversion, Permuta- 
tion or Immediate Inference by Privative Conception; it is 
appficable to vrtry proposition including 0. A further process, 
bras as Contraposition or Conversion by Negation, consists 
eicwrrersioa following on obversion. Thus from 1( all A is B," 
* get "no not-B is A." In the case of the O proposition we 
Jtt (by obversion) " some A is not-B " and then (by conversion) 
"some not-B is A" {i.e. an I proposition). In the case of the 
1 proportion the oontrapositive is impossible, as infringing the 
nain rale of conversion. Another term, Inversion, has been 
£*J by some logicians for a still more complicated process by 
tit alternative use of conversion and obversion, which is applio 
^ to A aadE, and results in obtaining a proposition concerning 
the contradictory of the original subject; thus "all A *» B " 
tames "some not-A is not B." 

Cwwid er a b le discussion has centred on the problem as to 
^cther the process of conversion can properly be regarded as 
absence. The essence of inference Is that the conclusion should 
enbody knowledge which is not in the premise or premises, and 
*>y logicians have contended that no fact is stated in the 
cweoe which was not in the convertend, or, in other words, 
ta conversion is merely a transformation or verbal change 
jjfte urne statement. Hence the term Eductions and Equiva- 
« Prepositional Forms have been given to converse proposi- 
k«i It is clear, for instance, that if the universal affirmative 
s taken connotatively as a scientific law, and not historically, 
fo real inference is achieved by stating as another scientific fact 
bemvene, the particular affirmative. Moreover, even if the 
anertend is stated as an historic fact, though there is acquired 
i certain new significance, it may well be argued that the 
■fatnee is not immediate but syllogistic. 
n f« this controversy see J. S. Mill, Logic, ILL a ; Bradley, Lot*. 
"L IK. L chap. iL 30-57; H. W. B. Joseph, Introduction to Logic 
N, pp. so? lotLij: H. Keynes, form* Logic (3rd ed., 1894). 

t In theology, conversion (the equivalent of the Gr. rrpe eta*, 
forMfe*) is originally the acceptation of Christianity by 
^ubss. It is also used generally for a change from one re- 
ipoft to another, or in a narrower sense for a complete change 
«* attttude towards Cod, involving a deeper conviction of the 
*a»te religious and moral truths. Considerable difference of 
Jtaft has always existed, and still exists, within the Christian 
"**& as to the true nature and the causes of conversion, 
f*w% in the sense last described. Some have held that man 
» merely the passive recipient of the Divine Grace, a view based 
*frir on the rendering of the Authorized Version of Isaiah 
J »as quoted in Matt. xin. 15, Mark iv. ia, and John xii. 40. 
**** agtm hold that baptism, as involving a second birth of 
"* baptised person, makes subsequent conversion unnecessary 
**en meaningless, or conversely that conversion is this very 
^fcd birth and renders baptism unnecessary. The reply 
**»% made to such arguments U that baptism implies 
J**rition only, which is a change wrought from the outside 
ty the Divine Spirit hi general disposition or spiritual status, 



while conversion is a positive or concrete demonstretbsr of that 
change, not merely the negative beginning of a new life but the 
positive "returning" to God in faith and repentance. Th* 
precise connexion between conversion and repentance is again 
a vexed question. How far and in what sense does man take an 
active part in his own conversion? To this it is frequently 
answered that while the initial stage of conversion is andean be 
the work of the Holy Spirit alone, it lie* with man to make it 
complete by accepting the proffered grace in repentance and faith- 
(cf. Acta vii. 51, " Ye stiffneclted and uncircumdaed In heart and 
ears, ye do always resist the Holy Ghost"). A man may of has 
own free wUl avoid those sunoiindings which predispose him to- 
such " resistance." The view that man cannot convert himself 
is dearly stated in Article X. by the Church of England. 4 'The 
condition of man after the fall of Adam is such that he cannot 
turn (««* converter*) and prepare himself by his own natural 
strength and good works, to faith, and calling upon God: where- 
fore we have no power to do good works pleasant and acceptable 
to God, without the grace of God by Christ preventing us that 
we may have a good will, and working with us, when we have 
that good will." Further problems are connected with the 
possibility of repeated conversions of the same man, the necessity 
of a single strongly marked conversion completed in a single 
process, the significance of sadden conversion of persons in a 
highly emotional state, such as has been common in revivalist 
meetings, espedally in Wales and the United States of America. 
Conversions of the last kind have followed frequently on striking 
physical phenomena, perceived in many cases only by the con- 
vert himself, such as a sudden bright light or a noise Hke a dap of 
thunder. 1 In all cases of conversion, however, the criterion of its 
validity is generally taken to be the resultant change of a man's 
character as manifested in his mode of life and thought, in the 
abstention from sin, and in devotion to good works. (X.) 

3. /« English Jew, conversion is the unauthorised exercise 
of dominion by one person over the property (other than money 
or chattels real) of another, in a manner inconsistent with his 
rights of possession, or the unauthorized assumption by another 
of the powers of the true owner of goods. The history and 
exact definition of this form of actionable wrong have occupied 
the attention of many learned writers, and the incidents of 
actions to assert the rights of the true owner form a considerable 
part of treatises on the rules and forms of dvU pleading. There 
are many ways in which the wrong may be committed. In 
some cases the exercise of the dominion may amount to an act 
of trespass or to a crime, eg. where the taking amounts to 
larceny, or fraudulent appropriation by a bailee or agent en- 
trusted with the property of another (Larceny Acts of 1861 and 
1901). But in such cases, except where money is taken, the 
dvil remedy of the owner is by action for conversion or detention' 
of the property, subject in the case of larceny to the rule that 
criminal prosecution should precede restitution by the taker. 
The remedy in use in these cases used to be by what was called 
an action on the case for trover and conversion, the plaintiff 
putting aside all suggestions of trespass and of crime, and resting 
his case on the fiction that the defendant had found and used 
goods not his own. The fictitious averment of loss was abolished 
in 185a, and under the present procedure, in which the old forms 
of action are not in use, the remedy is by a daim (still usually, 
called conversion) for wrongfully depriving the true owner of 
personal property of its use by some specified act inconsistent 
with his dominion over it, usually by dealing with the property 
in a manner inconsistent with the owner's rights. Originally, 
the action of trover and conversion was limited to goods and 
chattels, but it is now accepted as applying to valuable securities, 
such as cheques and bills of exchange. 

The gist of the action is in the unauthorised dealing, for 
however short a time and for however limited a purpose, with 
the personal property of another. Even refusal to deliver up 
to the owner is sufficient to prove conversion, though it is often 

1 Numerous instances, drawn from other religions besides Chris- 
tianity, are given in Professor William James's The Vtrietie* oj 
Religious Experience (1902). 



4* 



(CONVEX— CONVEYANCING 



nude the ground of an action for detinue, if the plaintiff desires 
to have the property returned in specie. The knowledge, motive 
or good faith of the person wrongfully dealing with the property 
of another is for civil purposes immaterial, and the action is 
often brought to try the title of two claimants to the same goods; 
t\f . where a person who has innocently bought or taken in pledge 
goods stolen or illegally procured resists the claim of the original 
owner for the return of the goods. A warehouseman may 
render himself liable to the owner of goods deposited with hhn, 
through delivering the goods to a third person on a forged 
authority or without authority, or by issuing a warehouse 
receipt representing the goods to be In his possession or control 
when they have ceased to be so. 

The exact measure of compensation due to a plaintiff whose 
goods have been wrongfully converted may be merely nominal 
if the wrong is technical and the defendant can return the goods; 
it may be limited to the actual damage where the goods can be 
returned, but the wrong is substantial; but in ordinary cases 
if is the full value to the owner of the goods of which he has 
been deprived. 

Fraudulent conversion by any person to his own use (or that 
of persons other than the owner) of property entrusted to him 
is a crime in the case of custodians of property, factors, trustees 
under express trusts in writing (Larceny Act, i86x, ss. 77-85; 
Larceny Act, 1001). 

The law of Ireland, of most British possessions, and of the 
United States, follows that of England as to the civil or criminal 
remedies for conversion. 

The term " conversion " is also used inEnglishlaw with reference 
to the rule of courts of equity which, in certain cases (following 
the maxim of treating as done what ought to have been done), 
treats as converted into personalty land which has been directed 
so to be converted by a will, contract or settlement, or as 
converted into land personalty which has been by such instru- 
ment directed to be applied for purchase of realty. The rule 
is also applied where a vendor of land dies between the making 
of the contract of sale and its completion by conveyance of the 
land. The importance of the rule lies in the different destination 
of realty and personalty under the laws relating to inheritance 
and succession. 



(7th cd., 
"n, on 
Dart, 



6th ed. by Dodd and Chitty, 1905); F. Pollock, on 
1004); Clerk and Lindsell, on Torts (trd ed., 1904); Lewin. < 
Trusts (nth ed., 1904); Jarman, on Wills (5th ed., 1893); Dai 
Vendors and Purchasers (I Ith cd., p. 301). (W. F. C.) 

CONVEX (Lat. convexus, carried round, rounded, from con-, 
with, and vehere, to tarry), a term for the exterior side of a 
curved or rounded surface, as opposed to " concave " (Lat eon-, 
and cairns, hollow), the inner surface. 

CONVEYANCE, primarily the act or process of conveying 
anything. The verb " to convey," now used in the senses of 
carrying, transporting, transmitting, communicating or handing 
over, originally had the same meaning as H convoy" (q.v.), 
i.e. to accompany, a meaning which still survived in the 18th 
century. Like " convoy " it is ultimately derived from the Late 
Lat. connate (not from eonvcherc), but through the old Norman 
French form convcier, which in central France passed into the 
form convoier, mod. Fr. comoycr, whence "convoy." Apart 
from the general sense given above the word conveyance is now 
used in three special senses: (1) a carriage or other means of 
transport, (2) in law, the transference of property by deed or 
writing between living persons, and (3) the written instrument 
by which such transference is effected. (See CbNVtYAMcmc.) 

CONVEYANCING, m English law, the art or science df convey- 
ing or effecting the transfer of property, or modifying interests 
in relation to property, by means of written documents. 

In early legal systems the main clement in the transfer of 
property was the change, generally accompanied by some public 
ceremony, in the actual physical possession: the 
function of documents, where used, being merely the 
preservation of evidence. Thus, in Great Britain in the feudal 
period, the common mode of conveying an immediate freehold 
was by /comment with livery of seisin— a proceeding in which the 



transferee «rtt publicly invested 'with the feudal possession < 
seisin, usually through the medium of some symbolic act pe 
formed in the presence of witnesses upon the land itself. A d« 
or charter of feoffment was commonly executed at the s&n 
time by way of record, but formed no essential part of tl 
conveyance. In the language of the old rule of the common lai 
the immediate freehold in corporeal hereditaments lay in liver; 
whereas reversions and remainders and all incorporeal hercditi 
ments lay in grant, »\«. passed by the delivery of the deed < 
conveyance or grant without any further ceremony. Tl 
process by which this distinction was broken down and tl 
present uniform system of private conveyancing by simple dec 
was established, constitutes a long chapter in English leg; 
history. 

The land of a feudal owner was subject to the risk of forfeit w 
for treason, and to military and other burdens. The common la 
did not allow him to dispose of it by will. By the law of mor 
main religious houses were prohibited from acquiring it. Tl 
desire to escape from these burdens and limitations gave rise to tt 
practice of making feoffments. to the use of, or upon trust fa 
persons other than those to whom the seisin or legal possessk 
was delivered. The common law recognized only the legal tcnani 
but the cestui que use or beneficial owner gradually secured for h 
wishes and directions concerning the profits of the land the stror 
protection of the chancellors as exercising the equitable juri?dictk 
of the king. The resulting loss to the crown and the great lords < 
the feudal dues and privileges, coupled with the public dwadvanugi 
arising from ownership of land which, in an increasing degree, wi 
merely nominal, brought about the passing in the year 1535 of tl 
famous Statute of Uses, the object of which was to destroy alt* 
gcther the system of uses and equitable estates. It enacted, i 
substance, that whoever should have a use or trust in any hcrcdit, 
ments should be deemed to have the legal seisin, estate and possessk 
for the same interest that he had in the use; in other words, ttu 
he should become in effect the feudal tenant without actual delivei 
of possession to him by the actual feoffee to uses or trustee. In i 
result the statute was a fiasco. It was solemnly decided that the at 
transferred the legal possession to the use once only, and that in tl 
case of a conveyance to A to the use of B to the use of or upon ru 
for C, it gave the legal estate to B, and left C with an interest in tl 
position, of the use before the statute. Thus was completed tl 
foundation of the modern system of trusts fastened upon lee 
estates and protected by the equitable doctrines and practice of tl 
judicature. 

But the statute not only failed to abolish uses: it also opetM 
the way to the evasion of the public ceremony of livery of seisin, at 
the avoidance of all notoriety in conveyances. Other ways, beskt 
an actual feoffment to uses, of creating a use had been in vogue befc* 
the statute. If A bargained with, B, in writing or not, for the sa 
of land, and B paid the price, but A remained in legal posaeawi 
the court of chancery enforced the use or equitable interest in fava 
of B. The effect of a bargain and sale (as such a transaction vi 
called) after the statute was to give B the legal interest without at 
livery of seisin. This fresh danger was met in the very year of tl 
statute itself by an enactment that a bargain and sale of an estate 
inheritance or freehold should be made by deed publicly enrollc 
But the Statute of Enrolments was in terms limited to estates 
freehold. It was allowed that a bargain and sale for a term, say. 
one year, must transfer the seisin to the bargainee without enrC 
ment. And since what remained in the bargainor was merely 
reversion which " lay in grant." it was an easy matter to release th 
by deed the day after. By this ingenious device was the publtci 
of feoffment or enrolment avoided, and the lease and release, as tl 
process was called, remained the usual mode of conveying a fnxbo 
tn posession down to the 19th century. 

It was not until 1845 that the modern system of transfer I 
a single deed was finally established. By the Real Proper! 
Act of that year it was enacted that all corporeal hereditament 
should, as regards the immediate freehold!, be deemed to lie j 
grant as well as in livery. Since this act the ancient modes i 
conveyance, though not abolished by it, have in practice becon; 
obsolete. Traces of the old learning connected with thci 
remain, however, embedded in the modem conveyance. Mar 
a purchase-deed recites that the vendor is seised in fee-simp 
of the property. It is the practice, moreover, to convey not on) 
" to " but also " to the use of " a purchaser. For before tl 
Statute of Uses, a conveyance made without any considerate 
or declaration of uses was deemed to be made to the use of tl 
party conveying. In view of the operation of the statute up* 
the legal estate in such circumstances, it is usual in all convcj 
anccs, whether for value or not, to declare a use iu favour of tl 
party to whom the grant is made. 



CONVEYANCING 



49 



In its popular usage' the word " conveyance " signifies the 
document employed to carry out a purchase of land. But the 
ura "conveyancing " is of much wider import, and comprises 
the preparation and completion of all kinds of legal instruments. 
A wll-known branch of the conveyancer's business is the investi- 
gation of title— an important function in the case of purchases 
cr mortgages of real estate. With personal estate "(other than 
bsebold) he has perhaps not so much concern. Chattels are 
usually transferred by delivery, and stocks or shares by means 
of printed instrumentr which can be bought at a law-stationer's. 
Tx common settlements and wills, however, deal wholly or 
mainly with personal property; and an interest in settled 
personalty is frequently the subject of a mortgage. Of late 
years, also, there has been an enormous increase in the volume 
ot conveyancing business in connexion with limited joint-stock 
companies. 

Is the preparation, of legal documents the practitioner is 
Bsch assisted by the use of precedents. These arc outlines or 
modds of instruments of all kinds, exhibiting in accepted legal 
phraseology their usual form and contents with additions and 
variations adapted to particular circumstances.' Collections of 
tbca have been in use from early times, certainly since printing 
became common. The modern precedent is, upon the whole, 
nocise and businesslike. The prolixity which formerly character- 
i«d most legal documents has largely disappeared, mainly 
tagh the operation of statutes which enable many clauses 
previously inserted at great length to be, m some cases, e.g. 
covenants for title, incorporated by the use of a few prescribed 
**ds, and in others safely omitted altogether. The Solicitors' 
Remuneration Act 1881, has also assisted the process of curtail- 
oent, for there is now little or no connexion between the length. 
ef »deed and the cost of its preparation. So long as the drafts- 
ua adheres to recognized legal phraseology and to the well- 
Kttkd methods of carrying out legal operations, there is no reason 
»ky modem instruments should not be made as terse and 
tauneslike as possible. 

It » not usual for land to be sold without a formal agreement 
a vriting being entered into. This precaution is due, partly 
CmamU to the Statute of Frauds (J 4), which renders a contract 
a*Mk. f° r ( he sale of land unenforceable by action " unless 
the agreement upon which such action shall be brought, 
Qf woe memorandum or note thereof, shall be in writing and 
nped by the party to be charged therewith or some other 
?o»a thereunto by him lawfully authorized," and partly to the 
&i that there are few titles which can with prudence be exposed 
te a3 the requisitions that a purchaser under an " open contract " 
s entitled by law to make. Such a purchaser may, for example, 
wpire a forty years' title (Vendor and Purchaser Act' 1874). 
fader an open contract a vendor is presumed to be selling the 
fe-simpfe in possession, free from any incumbrance, or liability, 
or restriction as to user or otherwise; and if he cannot deduce a 
ale of the statutory length, or procure an incumbrance or 
friction to be removed, the purchaser may repudiate the 
extract The preparation of an agreement for sale involves 
"Briioily an examination of the vendor's title, and the exercise 
'- Aifl and judgment in deciding how the vendor may be pro- 
fc^cd against trouble and expense without prejudice to the 
*k Upon a sale by auction the agreement is made up of (1) 
<« particulars, which describe the property; (2) the conditions 

* ale, which state the terms upon wHich it is offered; and 
(j) the memorandum or formal contract at the foot of the condi- 
'■**. which incorporates by reference the particulars and 
'-Editions, names or sufficiently refers to the vendor, and is 
'■Ped by the purchaser after the sale. The object of the agrec- 
^M. whether the sale is by private contract or by auction, is 

* define accurately what is sold, to provide for the length of 
*f and the evidence in support of or in connexion with the 
*f* whkh is to be required except so far as it is intended that 

* eeaeral law shall regulate the rights of the parties, and to 
« the limes at which the principal steps in the transaction are 
& <* taken. It is also usual to provide for the payment of interest 
** prescribed rate upon the purchase money if the completion 

vs. • 



shall be delayed beyond the day fixed for any cause other than 
the vendor's wilful default, and also that the vendor shall be at 
liberty to rescind the contract without paying costs or compensa- 
tion if the purchaser insists upon any requisition or objection 
which the vendor is unable or, upon the ground of expense or 
other reasonable ground, is unwilling to comply with or remove. 
Upon a sale by auction it is the rule to require a deposit to be 
paid by way of security to the vendor against default on the 
part of the purchaser. 

The signature of the agreement is followed by the delivery 
to the purchaser or his solicitor of the abstract of title, which 
is an epitome of the various instruments and events . ^ 
under and in consequence of which the vendor derives etam, 
his title. A purchaser is entitled to an abstract at 
the vendor's expense unless otherwise stipulated. It begins 
with the instrument fixed by the contract for the commencement 
of the title, or, if there has been no agreement upon the subject, 
with an instrument of such character and date as is prescribed 
by the law in the absence of stipulation between the parties. 
From its commencement as so determined the abstract, if properly 
prepared, shows the history of the title down to the sale; every 
instrument, marriage, birth, death, or other fact or event con- 
stituting a link in the chain of title, being sufficiently set forth 
In its proper order. The next step is the verification of the 
abstract on the purchaser's behalf by a comparison of it with 
the originals of the deeds, the probates of the wills, and office 
copies of the instruments of record through which the title is 
traced. The vendor is bound to produce the original documents, 
except such as are of record or have been lost or destroyed, but, 
unless otherwise stipulated, the expense of producing those 
which are not in his possession falls upon the purchaser (Con- 
veyancing Act 1881). After being thus verified, the abstract 
is perused by the purchaser's advisers with the object of seeing 
whether a title to the property sold is deduced according to the 
contract, and what evidence, information or objection, in respect 
of matters appearing or arising upon the abstract, ought to be 
called for or taken. For this purpose it is necessary to consider 
the legal effect of the abstracted instruments, whether they 
have been properly completed, whether incumbrances, adverse 
interests, defects, liabilities in respect of duties, or any other 
burdens or restrictions disclosed by the abstract, have been 
already got rid of or satisfied, or remain to be dealt with before 
the completion of the sale. The result of the consideration of these 
matters is embodied in " requisitions upon title," which 
are delivered to the vendor's solicitors within a time {Sr7 
usually fixed for the purpose by the contract. In making 
or insisting upon requisitions regard is had, among other things, 
to any special conditions in the contract dealing with points as to 
which evidence or objection might otherwise have been required 
or taken, and to a variety of provisions contained in the Vendor 
and Purchaser Act 1874, and the Conveyancing Act 1881, which 
apply, except so far as otherwise agreed, and of which the follow- 
ing are the most important: (1) Recitals, statements and 
descriptions of facts, matters and parties contained in instruments 
twenty years old at the date of the contract are, unless proved 
inaccurate, to be taken as sufficient evidence of the truth of such 
facts, matters and descriptions; (2) a purchaser cannot require 
the production of, or make any requisition or objection in respect 
of, any document dated before the commencement of the title; 
(3) the cost of obtaining evidence and information not in the 
vendor's possession must be borne by the purchaser. The 
possibility of the rescission clause now commonly found in con- 
tracts for the sale of real estate being exercised in order to avoid 
compliance with an onerous requisition, is also an important 
factor in the situation. The requisitions are in due course 
replied to, and further requisitions may arise out of the answers. 
A summary method of obtaining a judicial determination of 
questions connected with the contract, but not affecting its 
validity, is provided by the Vendor and Purchaser Act 1874. 
Before completion it is usual for the purchaser to cause searches 
to be made in various official registers for matters required to 
be entered therein, such as judgments, land charges, and pending 

2a 



5<> 



CONVEYANCING 



actions, which may affecj the vendor's title to* sell, or amount 
to an incumbrance upon the property. 

When the title has been approved, or so soon as it appears 
reasonably certain that it will be accepted, the draft conveyance 
is prepared and submitted to the vendor. This is 
^ff 1 ** commonly done by and at the expense of the purchaser, 
who is entitled to determine the form of the con- 
veyance, provided that the vendor is not thereby prejudiced, 
or put to additional expense. The common mode of conveying 
a freehold is now, as already mentioned, by ordinary deed, 
called in this case an indenture, from the old practice, where a 
deed was made between two or more parties, of writing copies 
upon the same parchment and then dividing it by an indented 
or toothed line. Indenting is, however, not necessary, and in 
modern practice is disused. A deed derives its efficacy from 
its being sealed and delivered. It is still a matter of doubt 
whether signing is essential. It is not necessary that its execu- 
tion should be attested except in special circumstances, as, e.g. 
where made under a power requiring the instrument exercising 
it to be attested. But in practice conveyances are not only 
sealed, but also signed, and attested by* one or two witnesses. 
The details of a conveyance in any particular case depend upon 
the subject-matter and terms of the sale, and the state of the 
title as appearing by the abstract. The framework, however, 
of an ordinary purchase-deed consists of (i) the date and parties, 
(2) the recitals, (3) the testatum or witnessing-part, containing 
the statement of the consideration for the sale, the words 
incorporating covenants for title and the operative words, (4) 
the parcels or description of the property, (5) the habendum, 
showing the estate or interest to be taken by the purchaser, and 
(6) any provisos or covenants that may be required. A few 
words will illustrate the object and effect of these component 
parts. 

(1) The parties are the persons from whom the property, or 
some estate or interest in or in relation to it, is to pass to the 
purchaser, or whose concurrence is rendered necessary by the 
state of the title in order to give the purchaser the full benefit 
of his contract and to complete it according to law. It is often 
necessary that other persons besides the actual vendor should 
join in the conveyance, e.g. a mortgagee who is to be paid off 
and convey his estate, a trustee of an outstanding legal estate, 
a person entitled to some charge or restriction who is to release 
it, or trustees who are to receive the purchase-money where a 
limited owner is selling under a power {e.g. a tenant for life 
under the power given by the Settled Land Act 1882). Parties 
are described by their names, add r esses and occupations or 
titles, each person with a separate interest, or filling a distinct 
character, being of a separate part. (2) The recitals explain 
the circumstances of the title, the interests of the parties in 
relation to the property, and the agreement or object intended 
to be carried into effect by the conveyance. Where the sale is 
by an absolute owner there is no need for recitals, and they are 
frequently dispensed with; but where there are several parties 
occupying different positions, recitals in chronological order of 
the instruments and facts giving rise to their connexion with 
the property arc generally necessary in order to make the deed 
intelligible. (3) It is usual to mention the consideration. Where 
it consists of money the statement of its payment is followed 
by an acknowledgment, in a parenthesis, of its receipt, which, 
•in deeds executed since the Conveyancing Act 1881, dispenses* 
with any endorsed or further receipt. A vendor, who is the 
absolute beneficial owner, now conveys expressly " as beneficial 
owner," which words, by virtue of the Conveyancing Act 188 1, 
imply covenants, by him with the purchaser that he has a right 
to convey, for quiet enjoyment, freedom from incumbrances, 
and for further assurance — limited, however, to the acts and 
defaults of the covenantor and those through whom he derives 
his title otherwise than by purchase for value. A trustee or an 
incumbrancer joining in the deed conveys " as trustee " or " as 
mortgagee," by which words covenants are implied that the 
covenantor individually has not done or suffered anything to 
Incumber the property, or prevent him from conveying as ' 



expressed. As to the operative words, any expression showing 
an intention to pass the estate is effectual . Since the Conveyan- 
cing Act 1881, "convey" has become as common as "grant," 
which was formerly used. (4) The property may be described 
either in the body of the deed or in a schedule, or compendiously 
In the one and in detail in the other. In any case-it is usual to 
annex a plan. Different kinds of property have their appro- 
priate technical words of description. Hereditaments is the most 
comprehensive term, and is generally used cither alone or in 
conjunction with other words more specifically descriptive of 
the property conveyed. (5) The habendum begins with the 
words " to hold," and the estate, on a sale in fee-simple, is 
limited, as already mentioned, not only to, but also to the use of, 
the purchaser. Before the Conveyancing Act 1881, it was 
necessary to add, after the name of the purchaser, the words 
" and his heirs," or " his heir and assigns," though the word 
" assigns " never bad any conveyancing force. But since that 
Act it is sufficient to add " in fee-simple " without using the 
word " heirs." Unless, however, one or other of these additions 
is made, the purchaser will even now get only an estate for his 
life. If the property is to be held subject to a lease or incum- 
brance, or is released by the deed from an incumbrance previously 
existing, this is expressed after the words of limitation. (6) 
Where any special covenants or provisions have been stipulated 
for, or are required in the circumstances of the title, they are, 
as a rule, inserted at the end of the conveyance. In simple 
cases none are needed. Where, however, a vendor retains 
documents of title, which he is entitled to do where he sells a 
part only of the estate to which they relate, it is the practice 
for him by the conveyance to acknowledge the right of the 
purchaser to production and delivery of copies of such of them 
as are not instruments of record like wills or orders of court, and 
to undertake for their safe custody. This acknowledgment and 
undertaking supply the place of the lengthy covenants to the 
like effect which were usual before the Conveyancing Act 1881. 
A trustee or mortgagee joining gives an acknowledgment as to 
documents retained by him, but not an undertaking. The fore- 
going outline of a conveyance will be illustrated by the following 
specimen of a simple purchase-deed of part of an estate belonging 
to an absolute owner in fee: — 

This Indenture made the day of 

between A. B. of. &c., of the one part and C. D. of, 4c, of the other 
part Whereas the said A. B. is seised (among other hereditaments) 
of the messuage hereinafter described and hereby conveyed for an 
estate in fee simple in possession free from incumbrances and has 
agreed to sell the same to the said C. D. for £100 Now this In- 
denture witnesseth that in pursuance of the said agreement 
and in consideration of the sum of £100 paid to the said A. B. by 
the said C. D.(thc receipt whereof the said A. B. doth hereby acknow- 
ledge) the said A. B. as beneficial owner doth hereby convey unto 
the said C. D. All that messuage or tenement situate Ac., and 
known a*, Ac. To Hold the premises unto and to the use of the said 
C. D. his heirs and assigns [or in fee simple) And the said A. B. 
doth hereby acknowledge the right of the said C. D. to production 
and delivery of copies of the following documents of title [mentioning 
them] and doth undertake for the safe custody thereof In 

WITNESS, &C 

It will be observed that throughout the deed there are no stops, 
the commencement of the several parts being indicated by capital 
letters. The draft conveyance having been approved on behalf of 
the vendor, it is engrossed upon stout paper or parchment, and 
there remains only the completion of the sale, which usually 
takes place at the office of the vendor's solicitor. A purchaser is 
not entitled to require the vendor to attend personally and 
execute the conveyance in his presence or that of his solicitor. 
The practice is for the deed to be previously executed by the 
vendor and delivered to his solicitor, and for the solicitor to 
receive the purchase-money on his client's behalf, since a 
purchaser is, under the Conveyancing Act 1881 , safe in paying the 
purchase-money to a solicitor producing a deed so executed, when 
it contains the usual acknowledgment by the vendor of the 
receipt of the money. Upon the completion, the documents of 
title are handed over except in the case above referred to, and any 
claims between the parties in respect of interest upon the 
purchase-money, apportioned outgoings, or otherwise, are 



CONVEYANCING 



5» 



settled. The conveyance is, of course, delivered to the purchaser, 
upon whom rests the obligation of affixing the proper stamp— 
which he may do without penalty within thirty days after 
execution (Stamp Act 1891). It may be added that, subject to 
any special bargain, which is rarely made, the costs of the 
execution by the vendor and other parties whose concurrence is 
necessary, and of any act required to be done by the vendor to 
carry out his contract, are borne by the vendor. 

Ordinary leases at rack-rents are not generally preceded by a 
formal agreement, such aa is common on a sale of land, or by an 
L ,„„ investigation into the lessor's title. As a rule, the 

principal terms are arranged between the parties, and 
embodied with various ancillary provisions in a draft lease, 
which Is prepared by the lessor's advisers and submitted to the 
lessee, the ultimate form and contents of the instrument being 
adjusted by negotiation. If an intending lessee desires to 
examine the title he must make an express bargain to that effect, 
for under a contract to grant a lease the intended lessee is not 
entitled, in the absence of such express stipulation, to call for the 
title to the freehold (Vendor and Purchaser Act 1874). By the 
Statute of Frauds all leases, except leases for a term not exceeding 
three years, and at not less than two-thirds of the rack-rent, were 
required to be in writing. And now by the Real Property Act 
1 845, leases required by law to be in writing are void at lam unless 
made by deed. An instrument, void as a lease under the act, 
may, however, be valid as an agreement to take a lease; and 
since the Judicature Act 1873, under which equitable doctrines 
prevail in the High Court, a person holding under an agreement 
for a lease, of which specific performance would be granted, is 
treated in all branches of that court as if such a lease were 
already executed. Unless otherwise agreed, a lease is always 
pre pa red by a lessor's solicitor at the expense of the lessee; but 
the cost of the counterpart («.*. the duplicate executed by the 
lessee) is usually borne by the lessor. 

Upon the sale and conveyance of a leasehold property sub- 
stantially the same procedure is observed as above indicated in 

the case of a freehold. A few additional points, 

J£i however, may be specially mentioned. Under an open 

ifiinnWt contract the vendor cannot be called upon to show the 

title to the freehold reversion (Vendor and Purchaser 
Act 1874; Conveyancing Act 1881). Accordingly, the abstract 
of tide begins with the lease, however old; but the subsequent 
title need not be carried back for more than forty years before the 
sale. The purchaser, apart from stipulation, must assume, 
unless the contrary appears, that the lease was duly granted, and 
upon production of the- receipt for the last payment due for rent 
before completion, that all the covenants and provisions of the 
lease have been duly performed and observed up to the date of 
actual completion. The appropriate word of conveyance is 
" assign," and a conveyance of leaseholds is generally called an 
assignment. The vendors covenants for title implied by his 
assigning " as beneficial owner " include, in addition to' the 
covenants implied by those words in a conveyance of freehold, a 
covenant limited in manner above mentioned, that the lease is 
valid, and that the rent and the provisions of the lease have been 
paid and observed up to the time of conveyance (Conveyancing 
Act s88i). Where the vendor, as is the common case, remains 
liable after the assignment for the rent and the performance of 
the covenants, the purchaser must covenant to pay the rent, and 
perform and observe the covenants and provisions of the lease, 
and keep the vendor indemnified in those respects. 

A mortgage is prepared by the solicitor of the mortgagee, and 
the mortgagor bears the whole expenses of the transaction. It is 
Mil dm ■ ttldom that there is any preliminary agreement, 

because ( 1) a contract to lend money is not specifically 
enforceable; and (a) inasmuch as the primary object of. a 
mortgagee is to have his money well secured, he is not, generally, 
wufing to submit to restrictions as to title or evidence of title 
which might give rise to difficulty or expense in the event of a 
sale of the mortgaged property. An intending mortgagor is 
accordingly required to show a title easily marketable, sod to 
verify it at bis own cost. A mortgage follows the same general 



form as a conveyance on sale, the principal points of difference 
being that the conveyance of the property is preceded by a 
covenant for the payment of the mortgage money and interest, 
and followed by a proviso for reconveyance upon such payment, 
and by any special provisions necessary or proper in the circum- 
stances, such as a covenant for insurance and repairs where the 
security comprises buildings. The covenants for title implied by 
a mortgagor conveying " as beneficial owner " are the same as in 
the case of a vendor, but they are absolute and not qualified in 
the manner above pointed out. 

The beneficial operation of the Conveyancing Act 1881 in shorten- 
ing conveyances is well illustrated by a modern mortgage. For, by 
virtue of the act, a mortgagee by deed executed after its commence- 
ment has, subject to any contrary provisions contained in the deed, 
the following powers to the like extent as if they had been conferred 
in terms: (1 j a power of sale exercisable after the mortgage money 
has become due (a) if notice requiring payment has. been served 
and not complied with for three months, (b) if any interest is in 
arrear for two months, or (c) there has been a breach of some 
obligation under the deed or the act other than the covenant for 
payment of the mortgage money or interest; (a) a power to insure 
subject to certain restrictions; (3) a power, when entitled to sell, 
to appoint a receiver; and (4) a power while in possession to cut 
and sell timber. The act contains ancillary provisions enabling 
a mortgagee upon a sale to convey the property for such estate or 
interest as is the subject of the mortgage, and to give a valid receipt 
for the purchase-money, and the purchaser is amply protected 
against any irregularities of which he had no notice. There are also 
large powers of leasing conferred by the act upon mortgagor and 
mortgagee while respectively in possession, and a power for the 
mortgagor, whilst entitled to redeem, to inspect and take copies of 

le-deeds in the mortgagee's possession. The elaborate provisi 



titl< 



: provisions 



mortgagee a . 

for all these purposes which 'were formerly inserted in 'mortgage 
deeds are now omitted; but sometimes the operation of the act ts 
modified in certain respects. The procedure upon a sale by a mort- 
gagee is the same as in the case of any other vendor. He conveys, 
however, " as mortgagee," these words implying only a covenant 
by him against incumbrances arising from his own acts. 

The frame of a strict settlement of real estate, which is usually 
made either on marriage or by way of resettlement on a tenant in 
tail under an existing settlement attaining twenty-one, sua— 
has been much simplified; but such settlements still m»au. 
remain the most technical and most complicated of 
legal instruments. By virtue of the Settled Land Acts x88a to 
1890, tenants for life and many other limited owners have 
extensive powers of sale, of leasing, and of doing numerous other 
acts required in a due course of management. These powers 
cannot be excluded or fettered by settlors. They are, as a rule, 
considered in practice to be sufficient, and*the corresponding 
elaborate provisions formerly inserted in settlements are now 
omitted, the operation of the acts being merely supplemented, 
where desirable, by some extension of the statutory powers, in 
relation, e.g., to the investment and application of capital money. 
To complete the statutory machinery it is desirable that persons 
should be nominated by the settlement trustees for the purposes 
of the acts. Since the Con veyanci ng Act x 881 , provisions for the 
protection of jointresses or persons entitled under settlements to 
rent charges or annual sums issuing out of the land are no longer 
required, as aS such persons have now powers of distress and 
entry, and of limiting terms to secure their respective interests. 
Terms for raising portions must still, however, be expressly 
created. The Conveyancing Act 1881 also confers large powers 
of management during the minorities of infants beneficially 
entitled upon persons either appointed for-the purpose by the 
instrument or being such trustees such as are mentioned in § as. 
An estate in tail may now be limited by the use of the words " in 
tail " without the words " heirs of the body " formerly necessary. 
And a settlor generally conveys " as settlor," by which only a 
covenant for further assurance is implied under the Conveyancing 
Act 1881. Personal settlements are most often made upon 
marriage. The settled property is vested in trustees, either by 
the settlement itself, or in the case of cash, mortgage debts, stocks 
or shares, by previous delivery or transfer, upon trusts declared 
by the instrument. 

The normal trusts after -the marriage are (1) for investment; 
(*) for payment of the income of the ntraband's property to him 
for life, and of the wife's property to her for life for her separate 
use without power of anticipation whilst under coverture; (3) for 



52 



CONVEYORS 



bis or her life of the income of both 
li of the survivor, both as to capital 
he marriage as the husband and wife 
and in default of joint appointment 
w will appoint, and in default of such 
of the marriage who attain twcnty- 
y, in equal shares, with the addition 
ipot clause) precluding a child who 
he fund by appointment from sharing 
>ut bringing the appointed share into 
rer for the trustees with the consent 
ui tuc wsuu niuov «««*.,.• vely living to raise a part (usually a 
half) of the share of a child and apply it for his or her advancement 
or benefit. Power to apply income, after the death of the life tenants, 
for the maintenance ana education of infants entitled in expectancy, 
is conferred upon trustees by the Conveyancing Act 1881. The 
ultimate trusts in the event of there being no children who attain 
vested interests are (1) of the husband's property for him absolutely; 
and (2) of the wife s property for such persons as she shall when 
discovert by deed, or whether covert or discovert by will, appoint, 
and in default of appointment, for her absolutely if she survive the 
husband, but if not, then for her next of kin under the Statute of 
Distributions, excluding the husband. For all ordinary purposes 
the trustees have now under various statutes sufficient powers and 
indemnities. They may, however, in some cases need special pro- 
tection against liability. A power of appointing new trustees is 
supplied by the Trustee Act 1893. It is usually made exercisable 
by the husband and wife during their joint lives, and by the survivor 
Juring his or her life. 

The form and contents of wills are extremely diverse. A will 
of, perhaps, the commonest type (a) appoints executors and 
__. trustees; (b) makes a specific disposition of a freehold 

or leasehold residence; (c) gives a few legacies or 
annuities; and (d) devises and bequeaths to the executors and. 
trustees the residue of the real and personal estate upon trust 
to sell and convert, to invest the proceeds (after payment of 
debts and funeral and testamentary expenses) in a specified 
manner, to pay the income of the investments to the testator's 
widow for life or until another marriage, and subject to her 
interest, to hold the capital and income in trust for his children 
who attain twenty-one, or being daughters marry, in equal 
shares, with a power of advancement. Daughters' shares are 
frequently settled by testators upon them and their issue on 
the same lines and with the same statutory incidents as above 
mentioned in the observations upon settlements; and some- 
times a will contains in like manner a strict settlement of real 
estate. It is a point often overlooked by testators desirous of 
benefiting remote descendants that future interests in property 
must, under what is known as the rule against perpetuities, be 
restricted within a life or lives in being and twenty-one years 
afterwards. In disposing of real estate " devise " is the ap- 
propriate word of conveyance, and of personal estate "bequeath." 
But neither word is at all necessary. " I leave all I have to 
A. B. and appoint him my executor " would make an effectual will 
for a testator who wished to give all his property, whether real 
or personal, after payment of his debts, to a single person. 
By virtue of the Land Transfer Act 1897, Part I., real estate of 
an owner dying after 1897 now vests for administrative purposes 
in his executors or administrators, notwithstanding any testa- 
mentary disposition. 

It remains to mention that by the Land Transfer Act 1897 a 
system of compulsory registration of title, limited to the county 
of London, was established. (See Land Registration.) 

Conveyancing counsel to the court (ue. to the chancery division 
of the High Court) are certain counsel, in actual practice as con- 
veyancers, of not less than ten years' standing, who are appointed 
by the lord chancellor, to the number of six, under s. 40 of the 
Master in Chancery Abolition Act 1 853. They are appointed for the 
purpose of assisting the court in the investigation of the title to any 
estate, and upon their opinion the court or any judge thereof may 
act. Any party who objects to the opinion given by any con- 
veyancing counsel may have the point in dispute disposed of by 
the judge at chambers oV in court. Business to be referred to 
conveyancing counsel is distributed among them in rotation, and 
their fees are regulated by the taxing officers. 

United States. — American legislation favours the general 
policy of registering all documents in the contents of which the 
public have an interest, and its tendency has been steadily 
towards more and more full registration both of documents and 
statistics. From the early days of the colonial era it has been 



customary to record wills and conveyances of real estate in full 
in public books, suitably indexed, to which free access was given. 
During the last decade of the 19th century, three states — 
Illinois, Massachusetts, and Ohio— adopted the main features 
of the Torrens or Prussian system for registering title to land 
rather than conveyances under which title may be claimed. 
These are the ascertainment by public officers of the state of the 
title to some or all of the parcels of real estate which are the 
subject of individual property within the state; the description 
of each parcel (giving its proper boundaries and characteristics) 
on a separate page of a public register, and of the manner in 
which the title is vested; the issue of a certificate to the owner 
that he is the owner; the official notation on this register of 
each change of title thereafter; and a warranty by the govern- 
ment of the title to which it may have certified. To make the 
system complete it is further requisite that every landowner 
should be compelled to make use of it, and that it should be 
impossible to transfer a title effectually without the issue of 
such a government certificate in favour of the purchaser. 

Constitutional provisions have been found to prevent or 
embarrass legislation in these directions in some of the states, 
but it is believed that they are nowhere such as cannot be obeyed 
without any serious encroachment on the principles of the new 
system (People v. Chase, 165 Illinois Reports, 527; State v. 
Guilberl, 56 Ohio State Reports, 575; People v. Simon, 176 
Illinois Reports, 165; Tyler v. Judges, 173 Massachusetts 
Reports; 55 North-Eastern Reporter, 812; Hamilton v. Brown, 
161 United States Reports, 256). 

Conveyances which have been duly recorded become of com- 
paratively little importance in the United States. The party 
claiming immediately under them, if forced to sue to vindicate 
his title, must produce them or account for their loss; but any 
one deriving title from him can procure a certified copy of the 
original conveyance from the recording officer and rely on that. 
Equitable mortgages by a deposit of title-deeds are unknown. 

The general prevalence of public registry systems has had an 
influence in the development of American jurisprudence in the 
direction of supporting provisions in wills and conveyances, which, 
unless generally known, might tend to mislead and deceive,such as 
spendthrift trusts (iVic/w/j v. Eaton, 91 United States Reports, 716). 

Conveyances of real estate are simple in form, and are 
often prepared by those who have had no professional training 
for the purpose. Printed blanks, sold at the law-stationers, 
are commonly employed. The lawyers in each state have 
devised forms for such blanks, sometimes peculiar in some 
points to the particular state, and sometimes copied verbatim 
from those in use elsewhere. Deeds intended to convey an 
absolute estate are generally either of the form known -as 
warranty deed or of that known as release deed. The release deed 
is often used as a primary conveyance without warranty to one 
who has no prior interest in the land. Uniformity in deeds is 
rendered particularly desirable from the general prevalence of 
the system of recording all conveyances at length in a public 
office. Record books are printed for this purpose, containing 
printed pages corresponding to the printed blanks in use in the 
particular state, and the recording officer simply has to fill un 
each page as the deed of similar form was filled up. One set of 
books may thus be kept for recording warranty deeds, another 
for recording release deeds, another for recording mortgage 
deeds, another for leases, &c. 

Authorities. — Davidson, Precedents and Forms in Conveyancing 
(London, 1877 and 1885); Key and Elphinstone, Compendium of 
Precedents in Conveyancing (London, 1904) j Elphinstone. Intro- 
duction to Conveyancing (London, 1900); Pndeaux, Precedents in 
Conveyancing (1904); Pollock, The Land Lavs (London, 1896). 

(S. Wa. ; S. E. B.) 

CONVEYORS. " Conveyor " (for derivation see Conveyance) 
is a term generally applied to mechanical devices designed for 
the purpose of moving material in a horizontal or slightly in- 
clined direction; in this article, however, are included a variety 
of appliances for moving materials in horizontal, vertical and 
combined horizontal and vertical directions. The material so 
handled may be conveyed in a practically uninterrupted stream, 



CONVEYORS 



53 



nm tk cue of worms, bends and pushplate conveyors, or 
ck valors carrying gain or coal, &c; or it may be conveyed 
from one point to another, intermittently, that is to say in a 
succession of separate loads, as happens with single bucket 
elevators, furnace hoists, rope and chain haulage, and also in 
the case of ropeways and aerial cableways. Some of these 
devices are of great antiquity, others are of quite modern origin. 
The principles of their construction are simple and easy of 
understanding, but by variations in the details of their construc- 
tion Use engineer has adapted these few appliances to the most 
varied work. At one end of the scale they may be used for 
such light duties at conveying the goods purchased by a customer 
to the packers and bringing them back made up into a parcel 
or Cor taking his money to the cashier and returning the change. 
At the other they are adopted for handling large quantities of 
heavy material at a minimum expenditure of human labour. 
Coal, for instance, a more or less friable substance, the value of 
which is seriously diminished by fracture, may be mechanically 
handled with a minimum risk of breakage. The difficult problem 
of handling the contents of gas retorts and coke ovens, and of 
simultaneously quenching and conveying the glowing material, 
has been solved. Perhaps an even more astonishing piece of 
work is the manipulation of the iron from the blast furnace; 
for instance! liquid metal is drawn from a furnace into pouring 
pots which in their turn discharge it to and distribute it over a 
pig-iron casting machine, which is practically a conveyor for 
liquid metal, consisting of a strand of moving moulds from which 
the solidified pigs, after cooling in water, are automatically 
removed after reaching the loading terminal ovtt the railway 
trucks. Certain types of conveyors may be made to combine 
efficiently, with their primary work of transport, complex 
sorting, sifting, drying and weighing operations. 

Worm Conveyors. — The worm conveyor, also known as the 
Archimedean screw, is doubtless the most ancient form of 
conveyor. It consists of a continuous or broken blade screw 
set on a spindle. This spindle Is made to revolve in a suitable 
trough, and as it revolves any material put in is propelled by the 
screw from one end of the trough to the other. Such conveyors 
have been used in flour-mills for centuries. The writer has seen 
in an East Anglian null which was over a 50 years old disused 
screw conveyors, probably as old as the mill, consisting of 
spindles of octagonal shape, made of not too hard wood, around 
which a broken blade screw was formed by the insertion at 
regular intervals of small blades of hard wood (fig. x). Modern 
worm conveyors usually consist of a spindle formed of a length of 



atti 



* 



* 



vfV 




Fig. i.— Early Flour Mill Conveyor. 

wrought iron piping, to which 'is fitted either a broken or con- 
tinuous worm. In the former case (fig. 2) the worm is composed 
of a series of blades or paddles arranged like a spiral round the 



Tig. 2.— raddle Worm Conveyor, 

spindle; each blade is fixed, by means of its shank, in a'transverse 
hole in the spindle, and the shank is held in position by being 
tapped and fitted with a nut. In this way is formed, out of 
separate blades, a practically complete screw, technically known 

1 The illustrations in this article are taken, by kind permission, 
from the Proceedings oj the Institution of Civil Engineers, 



as a " paddle worm." The lengths or sections of the worm 
run to about 8 ft., the various lengths being coupled by turned 
gudgeons, which also serve as journals for the bearings. In the 
so-called continuous worm conveyors the screw is formed of a 
continuous sheet-iron spiral (fig. 3) . Sometimes a narrow groove 




Fia. 3. — Continuous Worm Conveyor. 

is cut in spiral form on the spindle, and in this groove the sheet* 
iron spiral is secured. 

The spiral or anti-friction conveyor (fig. 4) was introduced 
about 1887. In this case a narrow spiral, which passes con- 
centrically round the spindle, with a space between both, is fixed 
to it at set intervals by small blades, each of which is itself fixed 
by its shank and a nut to the spindle. The spiral may be made of 





Fig. 4.— Spiral or Anti-Friction Conveyor. 

almost any section, from a round bar about \ in. in diameter to 
L or T section, but is preferably a flat bar. Worms are fitted into 
wooden or iron troughs leaving a clearance of J to J in. The 
spindle must be- supported at suitable intervals by bearings, 
preferably of the bush type. A continuous worm, being more 
rigid than a paddle worm, needs fewer supports. The lid of the 
worm trough should be loose, not screwed on, because in case of 
an accumulation of feed through a choke in a delivery spout the 
paddles of a paddle worm would be broken, or a continuous worm 
stripped, unless the material could throw off the lid and relieve 
the worm. The ratios of the pitch of the worm to the diameter 
must be regulated by the nature of the material to be conveyed, 
and will vary from one-third to a pitch equal to, or even exceeding/ 
the diameter. The greater the pitch the larger the capacity, but 
also the greater the driving power required, at the same speed. 
For handling materials of greater specific gravity, such as 
cement, &c, it is advisable to use a smaller pitch than for 
substances of lower specific gravity, such as grain. The capacity 
of a continuous worm exceeds that of either a paddle or spiral 
conveyor of the same diameter, pitch and speed. As regards the 
relative efficiency of paddle and spiral conveyors a series of 
careful tests made by the writer indicated that, run at a slow 
speed thcj>addlc worm, but at a high speed the spiral worm, has 
the greater efficiency. There is of course a speed at which the 
efficiency of both types is about equal, and that is at 150 revolu- 
tions per minute for conveyors 4 to 6 in. in diameter. 

The power necessary to drive worm conveyors under normal 
conditions is very considerable; a continuous worm of 18 to so in. 
diameter running at 60 revolutions per minute will convey so 
tons of grain per hour over a distance of a hundred feet at an 
expenditure of 18} to 19 H.P. A material like cement would 
require rather more power because of the greater friction of the 
cement against the blades and the trough. Delivery from a 
worm conveyor can be effected at any desired point, all that is 
necessary being to cut an outlet, which should preferably be as 
wide as the diameter of the worm, because the worm delivers only 
on its leading side, and is practically empty on the other side, 
so that a smaller outlet might only give exit to a portion of the 
feed, unless it was on the leading side. 

A special form of worm conveyor is the tubular (fig. 5), which 
consists of an iron tube with a continuous spiral fitted to its fa 



54 



CONVEYORS 



periphery, or of iron or wooden tubes of square sections fitted 
with fixed battle plates inside. In working it revolves bodily on 
suitable rollers. This type is more costly than the ordinary 
worm conveyors, and also requires more power. Its efficiency is, 




Fig. 5.— Tubular Worm Conveyor. 

moreover, easily impaired if run at too high a speed, because 
the centrifugal force asserts itself and counteracts the propulsion, 
which in this case is effected by gravity. Some experiments 
made in x868 by George Fosbery Lyster, engineer of the Liverpool 
docks, gave convincing results (see Proc. Inst. Muh. Eng., 
August i860). The tubular worm conveyor is suitable where a 
granular material has to be moved over a comparatively short 
distance, say from one building to another on the same level, and 
where no bridge b available for the installation of any other kind 
of conveyor. Conveyors of this type have, however, come into 
use for conveying hard and cutting substances over consider- 
able lengths. Ordinary worm conveyors are practically debarred 
from use for such substances on account of the short life of the 
intermediate bearings, which are not necessary with externally 
supported tubular worms. 

To sum up, worm conveyors are of the simplest construction 
and of small prime cost. The terminals again are much less 
expensive than those of most other kinds of conveyors. When the 
distance to be traversed by the material is short, the worm 
conveyor has this advantage, that it is cheaper than other kinds 
of conveyors. If it be 
desired not only to con- 
vey but also to mix two 
or more materials, such. 
as cement and sand in a 
dry state, or poultry 
food, this appliance is 
thoroughly well adapted 
for the work. On the 
other hand, there is a 
grinding action exer- 
cised on any material 
conveyed, and when 
hard or cutting sub- 
stances are handled the 
wear and tear on the 
conveyor blades, trough 
and bearings is very 

great, and the power absorbed by ft worm conveyor 
sensible item. 

Band Conveyors.— The inventor of band conveyors for the 
)i« wiling of grain and minerals was G. F. Lyster, who, as already 
mentioned, in 1868 carried out exhaustive experiments at the 
Liverpool docks, where he established the band conveyor as a 
grain-handler. For granaries the band conveyor is an ideal 
appliance. Its capacity is great, and it can be run at relatively 
high speeds with a moderate expenditure of power. The band 
conveyor of to-day is an endless belt of canvas or more often 
india-rubber with insertion, and when fitted with the usual 
receiving and delivery appliances can be used to handle grain 
from or into granaries and also to feed bins or sections of a ware- 
house. The endless bands run over terminal pulleys, and are 
abo supported on their way by a series of guide rollers, which 
are in greater number on the loaded than on the empty strand. 
The band i* usually run quite flat, except that at the point or 
points where the grain is fed on it is slightly hollowed for a few 
feet, by means of two curving rolls which are set obliquely so as 



to make it trough-shaped. The supporting or guide rollers are 
4 in. to 6 in. in diameter, and are sometimes made of wood, but 
more often consist of steel tubes to Which spindles with conical 
end gudgeons are secured. The gudgeons generally run in 
suitable bush-bearings, which should be well lubricated. Band 
conveyors should be driven on the delivery and not the receiving 
terminal, as the tight side of the band is the flattest. The guide 
rollers, for ordinary grain conveyors; are fitted to the upper or 
working side of the band at intervals of about 6 ft., and at 
distances of 12 ft. on the lower or return strand. In cases where 
both strands of the band are used for carrying grain, the lower 
strand must be supported by as many rollers as the upper. 
Under such conditions, terminal pulleys must be of larger 
diameter than usual, the object being to throw the two strands 
farther apart, so as to give sufficient space between the two 
strands to spout the feed in and out again at the other end. 
The two strands can be run any distance apart by the use of 
two additional pulleys for the terminals. This arrangement 
would be in place where it was desired, as it might be, to run 
one strand of the band along the top floor of the granary to 
distribute, while the other strand travelled along the ground- 
floor or basement to withdraw, the grain. 

Band conveyors are kept tight, when the band 2s not very long, 
by a tightening gear, similar to that used on elevators, and consisting 
of two screws which push or better pull the two pedestals of one 
terminal pulley farther away from the other terminal. If the band 
is of such length that an adjustment of a to 5 ft. on the tightening 
gear is not sufficient, it is advisable to use in place of screws a tighten- 
ing pulley, over which the belt passes, but which is itself held in 
tension by weights. The choice of the exact tightening gear will 
depend on various considerations, the length of the belt, the type 
of throw-off carriage used, and the quality of the belt all bang 
factors to be considered. The throw-off carriage (fig. 6). which 
serves to withdraw material from the band at any desired point, 
is a simple but ingenious appliance consisting essentially of guide 
pulleys which by raising one part of the band and lowering the other 
have the effect of causing the grain to quit the surface 01 the band 
at the point where it is deflected upwards. The grain is thus, cast 




CLftVATIOH 

Fic. 6.— Throw-off Carriage for Band Conveyor. 

is a clear of the baiwl.aiwl into the *u*,b«iig caught as it fafls in a hopper 
and spouted in any desired direction. Throw-off carriages differ in 
certain details, but the principle is the same. For feeding a band 
conveyor it is important to give the material a horizontal velocity, 
approaching that of the band. The grain should therefore be fed 
through a spout rather less in breadth than half of the width of the 
band, and set at an incline of 421" to the horizontal. Band con- 
veyors run at a speed of 400 to 600 ft. per minute, according to the 
nature of the material; oats, for instance, would be liable to be 
blown off the band at a speed in excess of 500, which would be 
suitable for wheat. Nuts, maize and the heavier seeds could be 
carried at 600. The power consumption by a gram-laden band 
compares favourably with any other form of conveyor. An ift-in. 
band 100 ft. in length running 500 ft. per minute would ca 
per hour a£ an expenditure of only 4*5 H.P. 



I carry 50 tons 



While the band conveyor is an ideal conveyor in warehouses 
and mills, it is also capable of rendering good service in handling 
such heavy materials as coal and minerals. Of course for such 
purposes the band and its fittings must be of much more sub- 
stantial construction. The central portions of the band carrying 
the load, being subjected to great wear and tear, are often made 



CONVEYORS 



55 




of solid india-rubber extending to nearly half the thickness of 
the band in the middle, and tapering off towards the edges, while 
the surface facing the guide rollers is of insertion coated with 
india-rubber- Bands properly prepared and stretched will bear 
a strain of 5 tons to the square inch. Balata bands may be 
used in place of india-rubber, but though less expensive are not 
so lasting. Bands thatrhave to carry coal or minerals are usually 
curved along the entire 
length of the upper or 
loaded strand into a trough 
shape by guide rollers (fig. 
7). Bands of woven wire 
are sometimes used with 
coal -washing plants, but 
have the disadvantage of 
lack of durability. They 
P are more liable to stretch 

'* and are high in price. They 

may be ran as high as about 600 ft. per minute, but to ensure 
proper grip-driving terminals must either be faced with leather 
or made of wood. 

The speed of band conveyors loaded with coal or minerals 
greatly depends on the size of the fragments; the proper speed 
for large pieces would be 150-200 ft. per minute, while smaller 
material could be carried at a maximum velocity of 700-750 ft. 
Band conveyors will carry in an upward direction, up to 24 
degrees, without any loss of capacity. They can be used not 
only to carry light and heavy bodies, such as grain and coal, 
in a continuous stream, but also to convey relatively large 
bodies such as sacks of flour, or cement, &c, intermittently. 
Thus a band a6 in. wide and 350 ft. long is used at a flour-mill 
in York to load sacks of flour into railway trucks; by this 
means xa wagons can be loaded by two men in 1 hour. Band 
conveyors are not necessarily fixed in one place. A portable 
model has rendered good service in tunnel-cutting, mining and 
quarrying. This band is mounted in a light steel frame, itself 
fitted with small wheels, so as to be readily put in any required 
position, and is entirely self-contained, being provided with 
tightening gear, a small motor, &c If required, several lengths 
can be joined together, or one band can deliver upon another 
at a lower level. The same advantages that attend the use of 
the band-conveyor for handling grain may be claimed for this 
appliance when carrying coal and heavy bodies, namely the 
demand for relatively small power, smooth and noiseless work, 
and gentle handling of material. On the other hand the feed 
cannot be withdrawn at intermediate points except by means 
of a throw-off carriage. The numerous bearings of the guide 
rollers require careful lubrication, and the rubber bands should 
be protected ss much as possible from changes of temperature. 

The metal band or belt conveyor, a modification of the rubber 
or canvas band conveyors, is an endless belt composed of iron 
platen connected to endless chains, usually of malleable cast iron, 
running under the plates. Such appliances, being obviously 
more cumbrous than band conveyors, are only used in handling 
material of a hard and cutting nature. They usually deliver only 
at the end, but if intermediate delivery be desired a scraper may 
be so fixed across the band at a given point, at an angle of 45°, as 
to scrape the whole or part of the feed into a shoot, or a scraper 
may be mounted obliquely on a suitable carriage which can be 
moved to any points at which delivery may be required. In 
some bands of this type supporting rollers are attached to the 
finks and travel with them, or are fixed to the framing so that 
the band runs over them, an arrangement which has the advan- 
tage of economizing driving power and of promoting smooth 
running. Metal band conveyors are tightened in the same way 
as textile or rubber bands, and may run at a speed of 60 to 120 
ft. per minute. The driving gear must always be placed at the 
delivery terminal, so that the loaded strand is in tension. Such 
appliances are often used as sorting tables or picking bands, for 
instance, for coal, cement, minerals, && 

In another modification of the metal band conveyor, the 
travelling trough conveyor, the sides of each plate are turned up 



so as to form the conveying surf ace of the band into a continuous 
trough. With this arrangement intermediate delivery is im- 
possible, as the sides of the trough will not allow the use of a 
scraper. As compared with push-plate conveyors (which consist 
of scrapers mounted on endless travelling chains that run usually 
in troughs), travelling trough conveyors are gentle handlers of 
material. 

A conveyor which h capable of dealing with many different 
kinds of material is known as the vibrating trough conveyor. 
It is so far like the band and travelling trough conveyor that 
the material it conveys from one point to another is conveyed 
without the use of any stirring or pushing agent, such as belong 
to worm, push-plate and cable trough conveyors. For materials 
requiring gentle treatment, this type of conveyor is eminently 
suitable. There are different kinds of vibrating trough conveyors. 
In one type the trough is caused to make a reciprocating motion 
by means of a crank and connecting rod, the trough itself being 
supported on rollers. In another type the trough is actuated 
by a cam, or by cranks with some kind of quick return motion. 
In the appliance known as the Zimmer or swinging conveyor 
the trough is supported in its reciprocating motion by means 
of laminated spring legs set obliquely to the trough. These 
legs are securely bolted at one end to the floor or any other 
solid support, and at the other end to the trough itself; hence 
no lubrication is required, as would be the case with supporting 
rollers. Moreover the combined action of the reciprocating 
motion of the crank and the rocking of the spring legs has the 
effect of causing the material to travel faster in the trough with 
a given stroke of the crank than would be the case with any 
other support. The material to be conveyed is not carried 
along with its support as in the case of a band or travelling 
trough conveyor, but is caused to move in a series of bops, to 
use popular language. 

The action will be sufficiently explained by the appended diagram 
•), which, however, is exaggerated to give a clearer idea ot the 



act! 



:ual movements, which are on quite a small scale. The line AB 

represents the bottom of the trough, while C C are two of the spring 

es indicate the spring legs at the extreme backward 

arank, while the* dotted lines show the spring legs 




Fig. 8.— Swinging or Zimmer Conveyor. 



and bottom of the trough at the extreme forward poafoon of the 
crank D. The material to be conveyed, represented by E. is thrown 
forward by the forward movement of the crank, and describes a short 
parabolic curve: it is thrown at about a right angle to the inclined 
legs C C, but before it has time to complete Its parabolic course, the 
trough has been moved by the crank into Its original position. As 
soon as the material has dropped down, the- trough makes another 
forward movement, whereupon the material is thrown forward 
another stage, and this process, which is continually repeated, as 
Indicated by the letters Ei, E«, E,, has the effect of carrying or 
conveying the material in the direction desired. It is important to 
note that the actual m ove men t both of trough and material is within 
narrow bounds; the horizontal movement of the trough is only 
about 1 in., while the vertical or upward movement is about i in. 
The material is conveyed by this vibrating trough with a minimum 
of friction, as it is evident that the materiaus earned forward without 
any contact with the trough, while the very nature of the motion 
precludes injurious friction between the particles themselves. When 
**ie trough is full the material will move as it were in a solid mass. 
An important improvement m this type of vibrating trough 
Aveyor is the balanced conveyor, in which the trough is made 



..-- — — ~ t — . — — trough i_ 

in two sections, one being placed at a slightly lower level than the 
other, so that one-half may deliver into the other half. The two 
sections are driven by triple or quadruple cranks set at an angle 
of about 180 to one another. In this case one-half of the conveyor 
will move' forward while the other moves backward, thus balancing 
each other (fig. 9). At the same time the material keeps moving 
in the same direction because all the spring legs are of the same 
inclination. It is usual to drive balanced conveyors at or near the 
centre of their length, but they may also be driven from one end, 



s& 



CONVEYORS 



i of the conveyor would be effected by 

i h is compressed and released by a crank 

i : of being connected to one-half of the 

< i Zimmer conveyor can be made to run 
i lerely reversing the inclination of the 
i :hc sections of a trough would be con- 
i g. Conveyors of this type have been 
i , and in widths of over 6 It. The feed 

< ed at any desired point in the length; 
i ntcrmcdiate point* it is only necessary 
t. » of the trough. If a great increase be 
desired in the capacity of this conveyor the connecting rod may be 
attached, not to the trough at all, but to the spring legs at a point 
of about a third or half-way from the base, so that the free ends of 
the legs can swing the trough backward and forward ; by this means 
the stroke is amplified and consequently the capacity is Increased, 
while the driving power required is practically the same. 

The power absorbed by the Zimmer conveyor is comparatively 
small : a length of ioo ft. conveying a load of 50 tons per hour takes 
875 h.p. With a speed of 300-370 revolutions per minute of the 



chain of backets. But these buckets, unlike elevator buckets, 
which are bolted on to a band or chain, are free to move on the 
axis on which they are suspended above their centre of gravity. 
When the conveyor is at work the buckets will always be in an 
upright position, whether the motion be vertical or horizontal. 
Each bucket carries its load to the point at which delivery is 
required, where an adjustable tippling device is ready to catch 
and tilt the bucket, thus emptying it. This type of conveyor is 
chiefly used in connexion with coal stores and boiler houses, 
where it has undeniable advantages. For instance, in feeding 
overhead bunkers a well-designed gravity bucket conveyor may. 
do the work of (1) a horizontal conveyor in bringing coal from the 
railway siding, (2) a vertical elevator in raising it to the bunkers, 
and (3) a horizontal conveyor in distributing it to the respective 
bunkers. In some cases the returning empty strand of buckets is 
used to clear the ashes from under the boilers. 




ILtVATI • N 



CKOII IICTION 

FIO.9. 



conveyor, the material will traverse 40-70 ft. per minute. The gentle 
action of this appliance has caused it to be largely used in dealing 
with friable materials, such as coal. The simplicity of the mechan- 
ism leaves little to get out of order, and the entire absence of travel- 
ling gear, such as supporting rollers, is a valuable feature. The 
capacity of the conveyor may be sensibly increased by running it on 
a downward gradient, while the capacity will be correspondingly 
diminished by working in an upward direction. Among many 
purposes for which this type of ... >und ^j^ie 

is that of a drainer in connexion ints. A per- 

forated plate at the head will al pe, while the 

coal is carried to the other end. t permits the 

water left with the coal. to run 1 colliery work 

this conveyor makes a suitable notion of the 

trough, while not so fast as to b be advantage 

of uniformly spreading the lumps tus also lends 

itself to the grading ofcoal. All «—v .- ..^— , .- » v fit the trough 
with a sieve which divides it into an upper and lower deck. The 
coarser material passes along the top of the sieve, while the finer 
coal, sifted out by the perforations, travels along the bottom of the 
trough till discharged. In spite of the gentle propelling action of 
this conveyor, it has a thorough sifting action; a perforated plate 
from 10 to 12 ft. long is usually sufficient to separate any desired 
grade, and at a certain Belgian colliery a conveyor of this type fitted 
with grading sieves feeds seven trucks standing in a row, but each 
on a different siding, and each taking coal of a different sice. This 
conveyor has been found useful both as a drying and cooling appli- 
anc . e : Se^ 1 *! substances of a sticky nature, such as moist sugar, 
yhich are difficult to deal with mechanically, can be efficiently 
handled by the swinging conveyor. 

The gravity or lilting bucket conveyor can be used as a combined 
elevator and conveyor. It consists essentially of two endless 
chains or ropes held at fixed distances apart by suitable bars 
which arc fitted with small rollers at each end. Every link, or 
second link, carries a bucket, and the whole forms an endless 



Conveyors of this type run at a mean rate of 40 ft. per minute, 
and if it be desired to attain a given capacity the size of the 
buckets must be adapted to the increased load as an increase of 
speed for a higher capacity is impracticable. The power absorbed 
is not great, the heaviest demand on the motive force being 
made by the elevating operation. Such conveyors have the merit 
of handling the material gently, while feeding and discharging can 
take place at any point. There are many journals to be looked 
after, but in the most approved systems their lubrication is 
effected automatically. Whilst such a plant has the advantage 
of requiring only one driving gear, a breakdown at one point of 
the installation means the stoppage of the whole. 

eyors on this system is the Hunt conveyor 
(i of a double link carrying a series of pivoted 

b to revolve on their axes at all points, except 

a they discharge. This operation is effected 

b mckets on their release righting themselves 

a or refilling. The driving gear propels the 

cl Is which engage with the cross studs of the 

cl tral thrusting action. Another well-known 

a is the pan bucket conveyor. This consists 

ol built in sections and supported on axles and 

g in suitable rails. There is one axle to each 

« tion of the trough a bucket is pivoted to the 

si ral other conveyors of this type, amongst 

w mid be mentioned. For the Bousse gravity 

a ,_. _ .hat it will go round any curve backwards or 

forwards in both planes, aad is therefore adaptable for installations 
when the typical gravity bucket would be useless. The buckets of 
this conveyor are coupled together by a link in the middle, which 
obviously allows more latitude in negotiating curves than the double 
chain of most of the other types.. 



CONVEYORS 



57 



Putmmat'u Grot* EUwators have been employed with good 
effect in loading and unloading grain from ships. This method of 
conveying grain falls under three systems: (x) the blast system; 
(a) the suction- system; and (3) the combined blast and suction 
system. 

In the first system a barge, known as a machinery barge, is 
fitted with a steam boiler, a set of air compressing engines, and a 
length of flexible piping long enough to reach from any part of 
the barge to the farthest corner of the ship to be loaded. A 
small pipe, known as the nozzle, is inserted at the inlet end of the 
piping, where the grain is taken in, and communicates with the 
air compressor at the other end. Compressed air can be ad- 
mitted to the nozzle or shut off by a valve. The inlet end of the 
flexible pipe is pushed into the grain in the barge, while the other 
end is led over the hatches of the vessel to be loaded. As the 
compressor is set to work and the valve of the compressed air 
supply pipe opened, the air naturally rushes up the pipe and 



this through valves into a second receptacle, whence It is con- 
veyed to any desired point by flexible pipes. This second tank 
is divided into two sections and provided with valves so that the 
two sections will alternately be under the influence of blast or 
suction. Alternatively the grain is discharged by an automatic 
valve from the vacuum tank into the second air-tight chamber 
which communicates with the compressed air chamber. From 
this section the grain is discharged by an outlet pipe by the 
agency of compressed air. A similar system was introduced by 
Messrs Haviland & Farmer, who have, however, since abandoned 
it on account of difficulties connected with the application of the 
blast, which was found to abrade the grain rather severely, 
especially at the bends in the pipes. An even greater objection 
was the delivery of dust with the grain, which made it impossible 
for trimmers to remain in the hold while the elevator was at 
work. Messrs Haviland and Farmer now work on the suction 
system, in which they claim to have introduced several improve- 




Fic. 10.— Travelling Bucket Elevator. 



escapes at the other end which is lying over the ship's hatchway. 
If the inlet nozzle be immersed in the grain to the depth of 1 2 to 
18 inu the induced atmospheric air will follow the lead of the 
compressed air, and drawing the grain around into the inlet 
nozzle will carry it up the pipe and deliver it into the hold of the 
vessel loading. 

In the suction system, which is identified with the name of 
F. E- Duckham, the process is somewhat different. An air-tight 
tank, or receiver, 8 to 10 ft. in diameter and 10 to 20 ft. high, is 
fitted with a hopper bottom, and is erected, if floating, on a barge, 
at a. sufficient height to allow grain falling from the hopper 
bottom, and passing through an air lock, to be delivered by 
gravity through a shoot into the vessel being loaded. A pipe 
connects the vacuum tank with the exhaust pumps. Several 
flexible pipes of sufficient length to reach any corner of the ship to 
be unloaded, may be connected with the vacuum tank. As the 
air pumps are set working a partial vacuum is formed within the 
tank, and as the nozzle end of the pipe is immersed into the grain 
to the depth of a few inches, the air and grain are drawn in at the 
mouth of the nozzle and carried along the pipe to the vacuum 
tank. The natural expansion of the air then lets the grain dfop to 
the hopper bottom, whence it issues from an air-lock valve, 
while the air is drawn away by a pipe communicating with the 
pumps and is thence discharged into the open. 

In the third system, or blast and suction combined, the grain 
is socked into a vacuum tank, as just described, and drops from 



ments, notably in regard to the purification of the air between the 
vacuum chamber and the exhausters, and in devising a new 
automatic air trap. 

The first pneumatic suction elevator in Great Britain was 
erected at the Millwall docks (London) under the Duckham 
patents. At Sulina, on the Lower Danube, a pneumatic elevator 
erected on the Haviland-Farmer system, which has undergone 
one or two reconstructions, has been proved capable of elevating 
zoo tons of grain per hour with 375 i.h.p. 

The only objection to pneumatic elevators appears to be that of 
expense. The cost of installation is relatively heavy, and the 
power required for working is large. But in dealing with vessels 
carrying heavy cargoes of grain the saving of labour and demur- 
rage is sufficient to justify the large outlay of capital required in 
ports where there is sufficient grain traffic. 

Hoi Coke Conveyors.— Hoi coke is admittedly one of the most 
difficult materials to handle by mechanical means, and though it 
might be too much to say that all difficulties have been sur- 
mounted by the engineer, it has, since the end of the 19th century, 
been more or less satisfactorily bandied by machinery. Even ina 
dry state coke is a troublesome material to handle by machinery. 
It is of a gritty and rasping nature, and is at the same time very 
friable. Unless it is gently handled, breakage is bound to occur 
and to result in the making of a certain proportion of fine dust 
known as " breeze." Apart from the depreciation in the value of 
the coke, this breeze is a sharp, cutting material, «•• i^hmd to do 



5« 



CONVEYORS 



considerable injury to the working parts of the conveyor, such as 
chains, and to the bearings, if it can get inside. Of course the 
conveying of the coke in an incandescent condition is another 
serious difficulty, as this glowing material must be quenched by 
water, a sufficiently delicate operation in itself. The chief use for 
hot coke conveyors has been found in connexion with gas works, 
but attempts have also been made to provide efficient machinery 
for the service of coke ovens of great capacity. 

The justification of any kind of machinery must rest on its 
relative efficiency and economy. As compared with some other 
materials the mechanical handling of hot coke does not realize 
such a striking economy; a hot coke conveyor is expensive to 
build— on account of the great wear and tear it must be very 
solidly constructed— and it is costly in upkeep. Still in large gas 
works the use of machinery for treating glowing coke is economic- 



uptake to carry away the fumes and vapours. These trucks 
have been hauled, in lieu of human arms, by endless ropes or even 
small locomotives. 

The earlier hot coke conveyors were of the pushplate type. The 
trough, some 27 in. wide, consisted of cast iron sections, while the 



pushplates, formed of malleable castings, were attached at a pitch 
of 24 in. to a central chain and were pulled alone on a wrought iron 
bar, which could be renewed when necessary. These conveyors with 
a speed of 48 ft. per minute, had a capacity of some 20 tons per hour. 
A conveyor constructed on these lines was installed at the Gatborn 
works in 1903. The wear and tear was very great ; moreover the 
chain, being central, suffered severely from the hot coke, to the 
action of which it was directly exposed. 

The New Conveyor Company's conveyor consists of a water-tight 
trough through which pass closely-fittine tray plates, attached to a 
single chain. These plates are joggled down at one end to receive 
the flat front part of the succeeding plate, with the aim of excluding 



Ckargln 



VV'7 



Floor 



Crosd Section 



4pnk. 




Plan 

Fig. 11.— Brooder Hot Coke Conveyor. 



ally advisable. Exact calculations are not very easy to make, 
because while the cost of hand labour in this department of a gas 
works is accurately known, the efficiency of different hot coke 
conveyors varies. G. E. Stephenson, of the Gathorn gas works, 
estimated that a saving of 4$d. per ton had been realized on each 
ton of coke conveyed to the yard from the retort house, as 
against the same material wheeled in barrows. This saving 
represented the difference between the cost of twelve men, who 
formerly handled the hot coke with shovels and barrows, and the 
cost of one conveyor with the wages of one man to look after it. 
In an ordinary way one man would rake out the coke from the 
retort mouthpiece into a barrow placed underneath, while a 
second man quenched the glowing coke with buckets of water, or 
better still with a hose. Then the barrow would be wheeled out 
into the yard. Obviously this is a slow and relatively expensive 
method, apart from the deleterious fumes arising from the 
quenching of the coke. Some improvement was effected by the 
substitution for the old hand-barrows of cage-like tipping trucks; 
these ace run on narrow gauge rails out of the retort house and 
the red-hot coke they contain is quenched by a copious spray, 
the truck being placed the while over a grating through which the 
surplus water is drained away, under an inverted funnel with an 



the breeze from the under part of the carrying plate. The chain is 
made entirely of steel with side rollers attached to every third plate , 
the plates, J in. thick, are dished in the shape of a tray, which is less 
liable to distortion (from heat) than a flat plate. The speed of travel 
is about 45 ft. per minute, while the capacity when handling coke 
from 20 ft. retorts is some 30 tons per hour. 

A conveyor made by Messrs Graham, Morton & Co.. consists of 
a travelling tray, the sections of which are joined together by sted 
spindles provided with a roller at each end, the latter running on 
suitable rails. These sections consist of steel castings with a number 
of lateral slots; thus the tray has the appearance of a travelling 
grating. To receive the quenching water that escapes through the 
grating a trough is placed beneath, and a scraper is used to free the 
trough of the dust escaping through the grating. 

An interesting conveyor is that of G. A. Bronder, of New York 
(fig. ii), which has some affinity with the gravity bucket conveyor. 
It runs in a water-tight trough which is filled up to a certain height, 
the water being slowly circulated by mechanism which resembles 
a water wheel. The chain of buckets runs in the trough, the sides 
forming the rails for the supporting rollers* The conveyor is covered 
in along its whole length, and forms a sort of flue which is connected 
at each bench with a number of shoots through which the coke 
drops into the conveyor buckets. A pipe of large diameter is con- 
nected with an exhaust fan, which draws away the fumes created 
by the quenching process, and sends them into a chimney discharg- 
ing into the open. The chain and buckets, being carried on rollers 
which run on the outer edge of the trough, cannot come in contact 



CONVEYORS 



59 



either with the hot coke or with gritty particle*. The chain of 
buckets k§ connected by horseshoe-shaped brackets extending 
upwards beyond the sides of the buckets and connected with the 
finks of the driving chains. When the conveyor is at work the covers 
of the mouth-pieces are opened and the coke is fed into the buckets; 
simultaneously the water valves are opened and the glowing coke is 
aaencbed. Any breeze which may have fallen between the buckets 
b collected by a scraper and delivered into a tank at one end, while 
the propeller wheel draws the water from this tank and drives it 
back to the other end of the trough. The top strand is the working 
strand and delivers its load at the terminal. One important differ- 

=& A 




I The De Brouwer hot coke conveyor, which is much used in gas 

i •„ u^i, Iq Great Britain and on the continent of Europe, was 

j a Belgian engineer. Its construction has undergone 
locations which experience has shown to be desirable, 
of a trough of cast or wrought iron, or mild steel, 20 to 
and 3 to 6 in. deep. Double endless chains run in the 
the trough, the two chains being connected together by 
\ bars set 30 in. apart, so as to form a sort of ladder. The 
1 carried or dragged along by these bars. One end of 
is closed and the other is bent upwards with a view to 
lie quenching water. As the hot coke is dragged along 
ted to the action of jets of water. The conveyor bars, 
as scrapers, sweep the water and the coke along the 
the point is reached where the latter curves upwards, 
ater flows back like a small cascade on the half-quenched 
1 is thus thoroughly extinguished. Considerable inclines 
otiated with this conveyor; in some installations on the 
»f Europe angles of 30* to the horizontal have been 
1. In a modification of the De Brouwer conveyor, in- 
he Cassel gas works, the bars which form the rungs of 
>r were replaced by cast iron rakes. In another modified 
rork of F. A. Marshall, to be found in the Copenhagen 
sluices are provided for withdrawing an excess of water 
it in the trough. 



Croat Section AA. 

1JL 



ScaWofP** 



Elevation 



-L- 



Fic. 12.— Wild Coke Conveyor. 

ence be tw ee n an ordinary gravity bucket conveyor and this apparatus 
is that the buckets are nerc rigidly connected to the supporting 

The West hot coke conveyor consists of a strongly-built trough 
in which a single wide chain partly carries and partly drags the coke. 
In the trough is a false bottom, the plates of which are loosely fixed 
and kept in position by angle Irons on which the chain drags. By 
two arm-like extensions the links of the chain are widened right 
across the trough. The pitch of the chain is 12 in., so that all the 
huge pieces of coke are more carried than dragged. The speed of 
travel is about 40 ft. per minute. 

The Wild conveyor (fig. 12) consists of a cast iron or steel trough 
aa to 30 in. wide by 9 in. deep, supported by cast iron brackets to 
which the rails that support the strands of the chain are secured. 
Both chains run outside the trough, and are secured on either side 
to the pushplates, so that only the scraper comes in contact with 
the hot coke. Every second link of the 12 in. pitch chain carries 
a push or scraper-plate, as shown in illustration. 



t Britain a hot coke conveyor has been designed on 
s by Messrs R. Dempster & Sons, Ltd. (fig. 1 j). The 
parallel from end to end, and are composed of identical 
hangeable malleable cast links. Instead of the chains 
e rollers, as is often the case, the chains are themselves 
guided by flanged rollers supported from the framework. 
pment has the advantage of decreasing the weight of the 
rither the rollers nor the lubricators, have to be conveyed, 
mary. The scrapers are of cast steel and have a rake-like 
* view to minimise the breakage of coke, 
mtial features in a hot coke conveyor are strength and 
a minimum of wearing parts, interchangeability of 
irfaces and of worn and broken parts, protection of 
id working parts from contact with the hot coke, and 
[>r keeping the temperature of the conveyor as even 
j, so as to avoid distortion of parts through sudden 
To attain these latter conditions, it appears essential 
ct conveyors of the pnshplate type. In these the hot 
pt continually moving, and thus the good effect is 
heating the conveyor from end to end uniformly and 
This applies particularly to gas works conveyors. 



« ■ I ■ » . l * f 



Fig. 13.— Dempster Coke Conveyor. 



6o 



CONVEYORS 



For the service of coke ovens the plate or tray conveyor might 
be suitable because more gentle. It must be remembered that 
coke oven conveyors must be of large capacity, and moreover 
in this case there is more scope for cooling the coke in front of 
the oven before it is removed to the conveyor, the work being 
all effected in the open. 

Elevators, — This term is here confined to Its proper meaning 
(in English engineering treatises) of a device for raising material 
in a vertical or slanting direction by means of buckets attached 
to endless belts or chains. Lifts for passengers are also some- 
times termed elevators (?.».), and in America the term is 
also currently applied to the granary or warehouse in which 
grain is stored (see Granaries). 

In the bucket elevator, an endless belt or chain runs 
over terminal pulleys which are fixed at different levels, the 
distance from centre to centre of these pulleys beings known 
as the length of the elevator. The design and construction 
of the elevator will be varied to suit its purpose. Grain 
elevators are invariably cased in wooden or iron trunks, and 
the head and foot are also of wood or iron, iron trunks 
being particularly used in so-called fire-proof buildings. 
The trunk of the grain elevator (fig. 14) is almost always 
vertical whilst the band to which the buckets are attached 
may consist of leather, cotton, hemp, webbing or other suit- 
able substances. When an elevator is intended for lifting 
heavy materials, such as coal, coke or cement, it is usually 
set at a slant (figs. 15 and 16), and the endless belt is 
replaced by one or two strands of endless chain which 
support the buckets and run over the terminal sprocket 
wheels. The buckets are attached to the links of the 
chains, and to prevent these heavy buckets and chains 
from sagging in their inclined position, rollers or more 
often short skidder bars are fixed to each bucket, sliding 
on well-oiled angle bars on each side of the elevator frame. 

Both grain and mineral elevators are usually fitted with 
tightening gears to keep the belt or chain taut; these are 
generally placed at the lower or well end so as not to 
interfere with the position of the upper terminal, which is 
almost invariably the driven one. The tightening of the 
band at the bottom terminal in the elevator well necessarily 
alters the space between the terminal pulley and the bottom 
of (he well. This is of little consequence in grain elevators, 
but for elevators intended to handle coal or any material 
of varying size the ordinary tightening gear is unsuitable. In 
such a case the best plan is to attach the elevator-well to 
the terminal in such a way as to go up or down with the 
sprocket wheel when the chain is loosened or tightened, 
while the foot bracket which supports the well and terminal 
spindle remains a fixture. In order to tighten elevator 
chains without interfering with either of the terminals, 
adjustable jockey pulleys at some suitable point may be 
used, and the desired effect can thus be attained by pressing 
against the chains and thereby taking up the slack without 
any interference with either the feed or delivery end. 

Elevator buckets must be proportioned to the size and nature of 
the material they are intended to carry, and care must be taken to 
maintain a uniform feed. This may readily be effected by adjustable 
outlets and spouts for grain and the like, and by certain feeding 
devices for handling minerals of uneven size. For instance, an oscil- 
lating feed shoot making from 30 to 60 oscillations per minute can be 
installed in such a case, and adjusted to deposit at each backward 
and forward stroke the exact amount of material adapted to the 
Capacity of the elevator. The speed of the shoot will naturally vary 
with the size of material to be fed. For small coal 60 oscillations 
would be about the correct speed ; for large coal the speed might 
be reduced to 30 or less. Speaking generally, care should always be 
taken to prevent an undue rush of feed, that is, more than the 
elevator can take up, and if tenacious materials are handled, feeding 
devices should be employed provided with stirrers or agitators that 
will effectually keep the material movjng and prevent any larger 
lumps from arching over the feed spout, and thus producing chokes. 
Elevators should always be fed from that side on which the buckets 
ascend, that the stream of material may meet the elevator buckets 
on their upward journey. This will prevent the material from 
filling up the elevator well and spare the buckets from dredging 
through an accumulation of feed. Elevators erected at an incline 



are best fed at a point several feet above the well into the chain o* 
ascending buckets, as under such conditions little will miss the? 
buckets and drop into the well. 

The reason why grain elevators are set vertically, whereas ele- 
vators intended to carry heavy bodies such as coal and ore are 
generally inclined at an angle, is that the former can be run at a 
much greater velocity than the latter. Grain, for instance, would be 
uninjured by a velocity at the delivery end which would fracture 
coal and seriously reduce its value, to sav nothing of the dutt pro- 
duction and the damage which would be done to the receiving 
spouts and shoots. Elevators carrying a light material can be nin 
at a circumferential velocity of 250 to 350 ft. per minute, and if 




siot txavATion 1*0 cukvatiom 

Fig, 14.— Grain Elevator. 

vertically set, win throw the grain, &c, clear of the elevator into 
the shoot for its reception. On the other hand, elevators handling 
heavy material must be set at an angle in order to give a clear de- 
livery at a much lower speed of 50 to 60 ft. per minute; in other 
words, the elevator is so inclined that the shoot for the reception 
of the material can be put underneath the delivering buckets which 
slowly disgorge their load. To obtain good results, without taking 
up too much space, an elevator carrying heavy material should be 
set at 40° to 60 to the horizontal. The same results can be obtained 
if the main portion of the elevator is vertical and only the upper 
portion inclined, or so curved as to bring the delivery over the shoot. 
The speed at which vertical elevators should be run will depend 
on the diameter of the terminal pulley, that is, the pulley over which 
the buckets and bands pass. The centrifugal force of pulleys revolv- 
ing at the same speed is in direct proportion to their diameters, and 
this is twice as much in a a ft. as in a 1 ft. pulley. It may be taken 
that the centrifugal force of a pulley will increase in proportion to 
the square of its velocity; hence the centrifugal force of a pulley 
2 ft. in diameter running at 50 revolutions per minute will be four 
times the centrifugal force of a pulley of the same diameter making 
only 2$ revolutions per minute. It must not be forgotten that to 
effect a clean discharge of the buckets of a vertical elevator, the 



CONVEYORS 



61 



centrifugal force must be sufficient to overcome the gravity of the 
material, because the material thrown off the delivery pulley in a 
horizontal direction will be more rapidly deflected into a parabolic 
curve the higher its specific gravity. It follows that for a specifically 
heavy material a greater centrifugal force will be required; that 
is to say, the elevator will 
k*v* tn he hiirtra sneeded 



must therefore be handled intermittently, the single bucket 
elevator or hoist may be used with advantage. But as the 
essential use of mechanical appliances for handling material is 
to save human labour as far as possible, that hoist will prove 
the most economical the operation of which is as automatic as 



Another kind of elevator, known as a lift or hoist, is used in 
mines and quarries and in serving blast furnaces. This is an 
elevator with one or two buckets. Essentially a heavy load 
lifter, it is intended for material of too large a bulk to be handled 
economically by ordinary elevators, and is employed for lifting 
in either a vertical or, more often, an inclined direction. 

For elevating materials, such as large coal, iron ore, limestone, 
&c, which are too large to be fed into ordinary elevators, and 



FlC. 16.— Mineral Elevator, 
lower terminal. 



clearance. 
The capacity of the 

skip will of course de- 
pend to some extent on the capacity of the furnace, but an 
average charge may be put down at 2 tons of ore and lime, or 
x ton of coke. To raise such a charge to a furnace 80 ft. high 
would require, assuming no counter weight were used, a motor 
of about 100 h.p. On account of the great speed at which 



6* 



CONVEYORS 



the hoist works, the time taken in raising the chaifed skip, 
discharging it, and returning it empty would be only 30 to 
40 seconds. The hoist cable runs over guide pulleys placed 
at the top of the furnace, and the cable is often manipulated 
by an electrically driven winch in a cabin below. The 
descent of the empty skip in more modern installations 
is utilized to effect an even distribution of the feed from 
the hopper to the furnace by causing the hopper to revolve. 
To this end the latter is provided with an ingenious mechanism 
which only comes into operation as the car descends. After 
every charge shot into the hopper the latter is revolved a few 
degrees, and this has the effect of giving the delivery of the next 
load in another direction, so that the charges of the skip are in 
turn distributed over the whole area of the surface. This is 
deemed a most essential point in furnace-charging, and it is 
not one of the least recommendations of this mechanical system 
of furnace-charging that it can give an even feed without any 
hand labour whatever. A double hoist has been designed which 
has the advantage that if one elevator breaks down the work 
of the furnace is not interrupted. In this system two furnaces 
are connected at the top by a gantry or bridge, against which, 
between the furnaces, two inclined elevators are set, so that 
each can serve either furnace. The skips are on wheels and 
detachable from the elevator, and are loaded from the ore 
pockets at the lower terminal and drawn up on a cradle; as this 
reaches the top where* the rails on the gantry correspond with , 
the gauge of the skip or car, the latter is carried by its own 
weight down a slight incline to either furnace, discharging its 
contents as it passes over the conical mouth. Another advantage 
claimed for this system is that the rails of the cradle, when in 
its lowest position, correspond with the rails which lie parallel 
to the furnaces and run right under the store bins from which 
the skip is loaded. The economy to be realised from a furnace 
hoist will be in direct proportion to the use made of mechanical 
means of feed conveyance. For instance, the store bins in 
connexion with such elevators might be economically fed by 
suitable conveyors, or the material might be brought in self- 
unloading hoppered trucks into conveniently placed bins, ready 
to be drawn into the skips. 

Ropeways. — A ropeway has been defined as that method of 
handling material which consists of drawing buckets on ropes, 
and by means of ropes, such buckets being filled with the material 
to be handled and being automatically or otherwise discharged. 
At what period of history ropeways were first used it is impossible 
to say, but the fact that pulley blocks, and even wire ropes, were 
known to the ancients, renders a pedigree of 2000 years at least 
possible. In more modern days, an old engraving shows a single 
ropeway in working order in 1 644-in the city of Danzig. This, the 
work of Adam Wybe, a Dutch engineer, was a single ropeway in 
its simplest form, consisting of an endless rope passing over 
pulleys suspended on posts; to the rope were attached a number 
of small buckets, which evidently carried earth from a hill out- 
side the city to the rampart inside the moat. The rope was 
probably of hemp. Modern ropeways worked with wire ropes 
date from about i860, when a ropeway was erected in the Han 
Mountains. Since then several systems have been evolved, but 
in the main ropeways may be divided into the single and double 
rope class. 

The ropeway is essentially an intermittent conveyor, the 
material being carried in buckets or skips, and practice has proved 
k an economical means of handling heavy material. The prime 
cost of a ropeway is usually moderate, though of course it varies 
with the ground and other local conditions. Working expenses 
should be low, because under the supervision of one competent 
engineer unskilled labour is quite sufficient. A ropeway may 
be carried over ground over which rails could only be laid at 
enormous cost. To a certain extent ropeways are independent of 
weather conditions, because their working need not be interrupted 
even by heavy snowfalls. Their construction is very simple, and 
there is little gear to get out of order. Sound workmanship and 
good material will ensure a relatively long life. As an instance, 
4 certain rope in a Spanish ropeway tested new to a breaking 



strain of sol tons was shown after carrying 160,000 tons (in two 
years' incessant work) still to possess a breaking strain of 17} tons. 
The power absorbed by a ropeway is relatively moderate, and 
under special conditions may be nil. The only demand it makes 
on the superficial area of the ground traversed is the small 
emplacements of the standards, which in modem ropeways are 
few and far between. Wayleaves, or the permission to erect 
standards and run the line over private land, may of course 
mean an item in the capital outlay. This circumstance may 
have checked ropeway construction in Great Britain, but it must 
also be borne in mind that a large portion of that country is 
comparatively level and well provided with railways. In 
building a ropeway it is essential to take as straight a line as 
possible, because curves generally necessitate angle stations, 
which mean extra capital and working cost. On the other hand, 
ground that would be difficult for the railway engineer, such as 
steep hills, deep valleys and turbulent streams, has no terror for 
the ropeway erector. There is a case of a ropeway of a total 
length of 5400 ft. with a total difference in altitude of 2000 ft. ; it 
is claimed this ground could not be covered by a railway with less 
than 15 m. of line graded at z in 40. 

Perhaps the amplest type of a single rope system is an endless 
running rope from which the carrier* are suspended, and with 
which they move by factional contact. Or the carriers may be 
fixed to this rope and move with it. The ropeway itself would 



consist of an endless rooe running between two drums, one, 1 
as the driving drum, being provided with power receiving and 
transmitting gear, while the drum at the opposite terminal would 
be fitted with tightening gear. The endless rope is carried on suitable 
pulleys which themselves are supported on standards or trestles 
spaced at intervals varying with the nature of the ground. The 
rope runs at an average speed of a m. per hour, a speed at which 
the bucket or skip can automatically unload itself. In the double 
ropeway the earner runs on a fixed rope, which takes the place of 
the rails of a railway. The carrier is fitted with running heads fur- 
nished with grooved steel wheels. The load is borne by a hanger 
pivoted from the carrier, and is conveyed along the rail rope by an 
endless hauling rope at an average speed of 4 to 6 m. per hour. 



The hauling is operated by driving gear at one end, and controlled 

'tening gear at the other end just as in the single rope system. 

ropeways have been carried in one section over 18 to 20 m.. 



by tight 
Double 



and will transport single loads of 6 cwt. to a ton or more. 

Broadly speaking, the single ropeway is not so suitable for heavy 
loads and long distances as the double, but in this connexion the 
work of Ropeways Limited should be noted, which favours a single 
rope system. Tncir engineer, J. Pearce Roe, introduced multiple 
sheaves for supporting the rope at each standard. Thus the rope 
may pass over one, two or four sheaves, which are provided with 
balance beams that have the advantage of adjusting themselves 
to the angle caused by the rope passing over the sheaves, thus 
equalizing the pressure over a number of sheaves. A ropeway 
erected on this system in Japan spans 4000 yds. of very broken 
ground; yet only 17 trestles are used, and as each support is placed 
as high as possible, no one is of great height. An altitude of 1 130 ft. 
is reached in a distance of 1200 yds. The ropeway has a daily 
carrying capacity of 60 tons in one direction and of 30 tons in the 
other. Another installation on this system, which serves an iron 
mine in Spain, spans 6500 yds. of very rough country, so steep that 
in many places the sure-looted mule cannot keep on the track. 
This ropeway can deal with 85 tons per hour. The greatest distance 
covered by this system, on one section, is 7100 yds., or about 4 m., 
and the carrying capacity is 45 tons per hour. 

The motive power required for a ropeway will vary with the 
conditions. In cases of descending loads the power generated is 
sometimes so considerable as to render it available for driving other 
machinery, or it may have to be absorbed by some special brake 
device. In a ropeway in Japan of 1800 yds., which runs mostly at 
an incline of x in l}, the force generated ts absorbed by a hydraulic 
brake the revolving fan of which drives the water against fixed 
vanes which repel and heat it. In this way, 50 h.p. is absorbed 
and the speed brought under the control of a hand brake. 

Aerial Calieways.— The aerial cableway is a development of 
the ropeway, and is a conveyor capable of hoisting and dumping 
at any desired point. The load is carried along a trackway 
consisting of a single span of suspended cable, which covers a 
comparatively short distance. The trackway may either run in a 
more or lest horizontal direction, i.e. the terminals may be on the 
same level;' or it may be inclined at such an angle that the load 
will descend by gravity. The trackway or rail rope rests upon 
saddles of iron or hard wood on the tops of terminal supports, 
usually known as towers. These towers may be constructed 



CONVEYORS 



63 



either of wood or iron, and if the exigencies of the work render" it 
desirable, they may be mounted on trolleys and rails, in which 
case the cableway is rendered portable, and can be moved about, 
sometimes a great advantage in excavating work. The motive 
power may be either steam, gas, or electricity. The motor is 
situated in what is termed the head tower, which is sometimes a 
fittk higher than the other or tall tower. Sometimes, but not 
frequently, the latter is also fitted with a motor. The span 
between the two towers sometimes extends to 2000 ft., but this 
is exceptional. Very heavy loads are dealt with, sometimes as 
much as 8 tons in a single load. The load, which may be carried 
in a skip or a tray, is borne by an apparatus called the carrier, 
which is a modification of a running head, consisting of pulleys 
and blocks and running along the main cable or trackway. The 
carrier is also fitted with pulleys or guides for the dump line. 
The carrier is drawn along the main cable by an endless or 
hauling rope which passes from the carrier over the head tower 
and is wound several times round the drum of the winding engine 
to secure friction*! hold, then back over the head tower, to the 
tail tower, returning to the rear end of the carrier. The hoisting 
rope passes from the engine to the fall block for raising the load. 
The dump line comes from the other side of the winding engine 
dram and passes to a smaller block attached to the rear end of the 
skip or tray. The whole weight of the skip is borne by the 
hoisting rope, while the dump line comes in slack, but at the 
same rate of speed. Whenever it is desired to dump the load, 
the dump fine is shifted to a section of the drum having a 
slightly larger diameter, and being thus drawn in at a higher rate 
of speed the load is discharged. The engine is then reversed, and 
the carriage brought back for the next load. 

This is in outline the mode of operating all cableways. This 
appliance has rendered great service as a labour saver in nawy- 
ing, quarrying and aiming work; in placer-mining, for instance, 
cableways have been found very useful when fitted with a self* 
filling ding bucket, which will take the place of a great number of 
hands. Cableways can be worked at a great speed, but a good 
mean speed would be 500 to 750 ft. for conveying and 200 to 300 
ft. for hoisting. A cableway used in excavating work in Chicago 
was credited with a capacity of 400 to 600 cub. yds. per day at a 
total cost of ad. per yard, including labour, coal, oil, waste, Ac. 

Coaling Skips at Sea.— la the coaling of ships at sea the cable- 
way has rendered great service. The conditions under which 
this operation has to be carried out present many difficulties, 
especially in rough water. One of the chief obstacles is the 
maintenance of the necessary tension on the cable used in 
conveying the coal from the collier to the ship. The first test in 
coaling ships at sea, made by the British admiralty, took place in 
1800 in the Atlantic at a point 500 m. south of the Azores in 
water 2000 fathoms deep. Ten ships of war were coaled, each 
vessel taking enough coal to enable it to steam back to Torbay, 
x8oo m. away. In this case the collier was lashed alongside the 
battleship it was feeding, thick fenders being interposed to 
prevent damage, but nevertheless as the colliers got light they 
pitched considerably, and one or two sustained dents in their 
sides. The ships did not roll, being kept bows-on to the swell, 
which became heavy before the coaling was completed. The 
coal waa taken in by derricks at the main deck ports. It is 
dear that had the sea been really rough coaling in this fashion 
would have been impossible. 

The most practicable method of coaling at sea yet devised 
b the marine cableway of Spencer Miller, which has been tried 
with some success in the American navy. It is intended for use 
between vessels 350 to 500 ft. apart. The ship ucing coaled 
takes the collier in tow, steaming at the rate of 4 to 8 knots; 
it has been found that a speed of five knots in moderately rough 
water wOl keep the cableway taut and maintain a sufficient 
distance between the crafts. The collier is fitted with an engine 
having double cylinders and double friction drums, which is 
placed just abaft the foremast. A steel rope i in. in diameter 
is led from one drum over a pulley at the mast head and thence 
to a pulley at the head of shear-poles on the vessel being coaled, 
and brought tack to the other drum. The engine moves in the 



same direction all the time and keeps on winding in both the 
strands of the conveying rope. Should the two vessels increase 
the distance between them during the operation of conveying 
the coal bags, of which two, weighing 420 lb each, may be 
fastened to the carrier, the extra rope called for is obtained by 
slipping the upper strand from the drum; this increases the 
speed of the upper cable. On the other hand should the distance 
between the vessels be reduced, this operation is reversed, the 
speed of the upper strand being reduced. To keep the carriage 
steady on its return empty, a rope, known as the sea-anchor 
line, is stretched above the two strands of the conveyor line, 
and under a pulley on the carriage. This cable is attached to 
the vessel, resting on a saddle on the shear head, whence it leads 
through the carriage over pulleys at the head of the foremast 
and mainmast of the collier, running on astern several hundred 
feet into the sea. A drag or sea-anchor, usually made of canvas 
and cone-shaped, is attached to the end of this rope. This 
anchor is used to support the empty carriage on its return to 
the collier. The diameter of the cone's base is graduated to the 
speed of the vessels. Thus in a smooth-water test, with a ship 
steaming at 6 knots, one 7 ft. in diameter was used, while the 
same anchor answered its purpose very well with a ship doing 
5 knots in rough water. 

The results given by this system of coaling at sea are relatively 
satisfactory. Tests made in the United States navy showed 
that 20 to 25 tons of coal per hour could be delivered by a collier 
to a war-vessel during a moderate gale. As the ship was under 
steam all the time and consumed 3 to 4 tons of coal per hour, 
the balance of the coal bunkered amounted to between 16 and 
so tons per hour, or say 384 tons in 24 hours. It has been sug- 
gested that under service conditions the speed of the towing 
vessel might be increased to 8 or xo knots an hour; this would 
of course increase the coal consumption unless the collier pro- 
ceeded under her own steam. But in such a case the space 
between the two crafts might be diminished, which would have 
the effect of causing the cable to sag and of stopping the work,' 
since the conveyor cable to act properly must be kept taut. 
In Great Britain the Temperley Transporter Company have 
taken up this method of coaling at sea, working in collaboration 
with Spencer Miller, and have introduced several improvements 
in detail. Their system has been tried by the British admiralty. 

The coaling of a large vessel by this appliance has the advantage 
of economising hand labour. One man is required to work the 
hoist on the collier, while so men will be in the hold filling the 
bags and delivering them to the deck, where x 5 or so will transfer 
the bags to the lift. One or two men suffice for the overhead 
work; their station is in the trestle trees. On board the receiving 
ship a few men will be stationed at the shear head to empty the 
bags into a canvas shoot, and then return them, while there will 
be the usual force of bunker trimmers. A ton of coal per minute 
has been transferred from the collier to the vessel, but for this 
capacity the ships must not be too far apart, else the rope would 
not remain taut under such loads. During the Russo-Japanese 
War, many of the Russian battleships were coaled by means 
of aerial cableways. The coaling of vessels in this manner stems 
a success, but it would be desirable to increase the carrying 
capacity of the cableway or to duplicate the installations. 

Telpherage. — A telpher ropeway or cableway may be defined 
as a ropeway or cableway worked and controlled electrically, 
only a rail rope being required besides the live rail or wire from 
which the electric current is taken. Telpherage was devised 
by Professor Fieeming Jenkin in 1881, and developed by him 
in conjunction with Professors W. £. Ayrton and J. Perry. 
The telpher itself consists of a light two-wheeled truck, carrying 
the driving motors, which, to avoid gearing or other complicated 
mechanism, are usually coupled directly to the axles of the 
telpher. Thus the telpher is a self-propelled electric carrier 
running on a mono-rail, which, according to the conditions, may 
be a steel rail or a steel cable. From the telpher are suspended 
carriers which can be adapted to any kind of material. In many 
cases the whole load may be suspended from the telpher, or the 
load, especially if of some length, may be supported at one end 



6 4 



CONVOCATION 



by a telpher, and at the other end by what is known as a trailer/ 
or again, two telphers may be installed, one at each end of the 
load. The telpher carries a small trolley sheave or bow which 
serves to collect the current from a trolley wire stretched a little 
above the rail Frequently the telpher is accompanied by an 
attendant who manipulates it, but by dividing the trolley wire 
into sections any system of telpherage may be constructed to 
work automatically, and by switching off the current from the 
section in which the telpher is required to stop it can be brought 
to a standstill at any required point. The speed of the telpher 
may be readily regulated by the introduction of a resistance 
between any section of the line and the supply of electricity. 
The speed may be high, as much as 1500 ft. per minute over the 
straight portions of the line, but slackened at curves and loading 
stations, or when approaching a terminus. The required power 
may be obtained from the mains of an ordinary electric supply 
with either direct or alternating current, but the former is 
preferable. The mean expenditure of power in a working day 
is said to average (including electrical hoisting) 1 H.P. per ton 
of average load. 

The uses of telpherage are many and various. In factories 
and warehouses, where the buildings are scattered, it has been 
installed with excellent results. Being essentially an overhead 
system, there is a saving of floor space, the ground not being 
obstructed by trucks or trolleys. The same reasons which 
render ropeways an economical means of handling such material 
as coal, ore, stone, slate, &c., between the mine or quarry and 
the rail or barge, may be adduced in favour of telpherage. For 
the unloading of railway trucks in a crowded goods-yard it 
is undoubtedly applicable. Any kind of tipping or hoisting 
operations can be automatically effected by its aid, and any 
sort of grab may be used in dealing with such materials as sand, 
clay or gravel. Telpherage is clearly a labour-saving method 
of handling materials, but of course the exact conditions under 
which any system is to be used need careful study, while the 
economy to be effected by the installation of a telpher line must 
to a great extent depend upon the available supply of electrical 
energy. (G. F. Z.) 

CONVOCATION <Lat. comocalio, a calling together), an 
assembly of persons met together in answer to a summons. The 
term is more usually applied in a restricted sense to assemblies 
of the clergy or of the graduates of certain universities. 

In the American Protestant Episcopal Church a convocation 
is a voluntary deliberative conference of the clergy; it has no 
legislative function, and like the convocation of a university, 
assembles primarily to discuss matters of common interest. 

In England the name " convocation " is specifically given to 
an assembly of the spirituality of the realm of England, which is 
summoned by the metropolitan archbishops of Canterbury and of 
York respectively, within their ecclesiastical provinces, pursu- 
ant to a royal writ, whenever the parliament of the realm is 
summoned, and which is also continued or discharged, as the 
case may be, whenever the parliament is prorogued or dissolved. 
These assemblies consist of two Houses, an upper and lower. 
In the upper house sit the archbishops and bishops, and in the 
lower the deans and archdeacons of every cathedral, the provost 
of Eton College, with one proctor elected by each cathedral 
chapter and two by the beneficed clergy in each diocese in the 
province of Canterbury (in the province of York two proctors are 
elected by each archdeacon), with a prolocutor at their head. 
When and how this convocation originated is not historically 
clear. This much is known from authentic records, that the 
present constitution of the convocation of the prelates and clergy 
of the province of Canterbury was recognized as early as in the 
eleventh year of the reign of Edward I. (1283) as its normal 
constitution; and that in extorting that recognition from the 
crown, which the clergy accomplished by refusing to attend 
unless summoned in lawful manner (defnto modo) through their 
metropolitan, the clergy of the province of Canterbury taught the 
laity the possibility of maintaining the freedom of the nation 
against the encroachments of the royal power. It had been a 
piovision of the Anglo-Saxon period, the origin of which is 



generally referred to the council of Cloveaho (747), that the 
possessions of the church should be exempt from taxation by the 
secular power, and that it should be left to the benevolence of the 
clergy to grant such subsidies to the crown from the endowments 
of their churches as they should agree to in their own assemblies. 
It may be inferred, however, from the language of the various 
writs issued by the crown for the collection of the " aids " voted 
by the Commune Concilium of the realm in the reign of Henry III . , 
that the clergy were unable to maintain the exemption of church 
property from being taxed to those " aids " during that king's 
reign; and it was not until some years had elapsed of the reign of 
Edward I. that the spirituality succeeded in vindicating their 
constitutional privilege of voting in their own assemblies their 
free gifts or " benevolences," and in insisting on the crown 
observing the lawful form of convoking those assemblies through 
the metropolitan of each province. 

The form of the royal writ, which it is customary to issue in the 
present day to the metropolitan of each province; is identical in 
its purport with, the writ issued by the crown in 1*83 to the 
metropolitan of the province of Canterbury, after the clergy 
of that province had refused to meet at Northampton in the 
previous year, because they had not been summoned in lawful 
manner; whilst the mandates issued by the metropolitans in 
pursuance of the royal writs, and the citations issued by the 
bishops in pursuance of the mandates of their respective metro- 
politans, are identical in their purport and form with those used in 
summoning the convocation of 1283, which met at the New 
•Temple in the city of London, and voted a " benevolence " to 
the crown, as having been convoked in lawful manner. The 
existing constitution of the convocation of the province of 
Canterbury-— and the same observation will apply to that of the 
province of York — in respect of its comprising representatives of 
the chapters and of the beneficed clergy, in addition to the 
bishops and other dignitaries of the church, would thus appear 
to be of even more ancient date than the existing constitution of 
the parliament of the realm. 

From this period down to the eleventh year of the reign of 
Edward HL there were continual contests between the spiritu- 
ality of the realm and the crown, — the spirituality 
contending for their constitutional right to vote their 
subsidies in their provincial convocations; the crown, 
on the other hand, insisting on the immediate attend- JJJi*** 
ance of the clergy in parliament. The resistance of the W0m 

clergy to the innovation of the " pracmunientes " clause had so 
far prevailed in the reign of Edward II. that the crown consented 
to summon the clergy to parliament through their metropolitans, 
and a special form of provincial writ was for that purpose framed; 
but the clergy protested against this writ, and the struggle was 
maintained between the spirituality and the crown until 1337 
(iz Edward HL), when the crown reverted to the ancient 
practice of commanding the metropolitans to call together their 
clergy in their provincial assemblies, where their subsidies were 
voted in the manner as' accustomed before the " pracmunientes '* 
clause was introduced. The " pracmunientes " clause, however, 
was continued in the parliamentary writs issued to the several 
bishops of both provinces, whilst the bishops were permitted to 
neglect at their pleasure the execution of the writs. 

The history of the convocation of the province of Canterbury, 
as at present constituted, is full of stirring incidents, and it 
resolves itself readily into five periods.* The first 
period, by which is meant the first period which dates JJJJ^ 
from an epoch of authentic history, is the period of its 
greatest freedom, but not of its greatest activity. It 
extends from the reign of Edward I. (1 383) to that of Henry VIII. 
The second period is the period of its greatest activity and of its 
greatest usefulness, and it extends from the twenty-fifth year of 
the reign of Henry VIII. to the reign of Charles II. The third 
period extends from the fifteenth year of the reign of Charles II. 
(1664) to the reign of George I. This was a period of turbulent 
activity and little usefulness, and the anarchy of the lower house 
of convocation during this period created a strong prejudice 
against the revival of convocation in the mind of the laity. The 



CONVOCATION 



*S 



fourth period extends from the third year of the reign of George 
L. (1716) to die fifteenth year of the reign of Queen Victoria. 
This was a period of torpid inactivity, during which it was 
customary lor convocation to be summoned and to meet pro 
forma, and to be continued and prorogued indefinitely. The 
fifth period may be considered to have commenced in the fifteenth 
year of the reign of Queen Victoria (1852). 

During the first of the five periods above mentioned, it would 
Appear from the records preserved at Lambeth and at York that 
the metropolitans frequently convened congregations 
(so called) of their clergy without the authority of a 
royal writ, which were constituted precisely as the 
convocations were constituted, when the metropolitans were 
commanded to call their clergy together pursuant to a writ from 
the crown. As toon, however, as King Henry VIII. had obtained 
from the clergy their acknowledgment of the supremacy of the 
crown in all ecclesiastical causes, he constrained the spirituality 
to declare, by what has been termed the Act of Submission on 
behalf of the clergy, that the convocation " is, always has been, 
and ought to be summoned by authority of a royal writ "; and 
this declaration was embodied in a statute of the realm (35 Henry 
VIII. c 19), which further enacted that the convocation " should 
thenceforth make no provincial canons, constitutions or ordin- 
ances without the royal assent and licence," The spirituality was 
thus more closely incorporated than heretofore in the body 
politic of the realm, seeing that no deliberations on its part can 
take place unless the crown has previously granted its licence for 
such deliberations. It had been already provided during this 
period by 8 Henry VI. c. 1, that the prelates and other clergy, 
with their servants and attendants, when called to the convoca- 
tion pursuant to the lung's writ, should enjoy the same liberty 
and defence in coming, tarrying and returning as the magnates 
and the commons of the realm enjoy when summoned to the 
king's parliament 

The second period, which dates from 1533 to 1664, has been 
distinguished by four important assemblies of the spirituality 
^ ___„ of the realm in pursuance of a royal writ—the two 
jTnii urst °* vnicn occurred in the reign of Edward VI., 
the third in the reign of Queen Elisabeth, and the 
fourth in the reign of Charles IL The two earliest of these 
convocations were summoned to complete the work of the 
reformation of the Church of England, which bad been begun 
by Henry VIII.; the third was called together to reconstruct 
that work, which had been marred on the accession, of Mary (the 
consort of Philip II. of Spain), whilst the fourth was summoned 
to re-establish the Church of England, the framework of which 
had been demolished during the great rebellion. On all of these 
occasions the convocations worked hand in hand with the 
parliament of the realm under a licence and with the assent 
of the crown. Meanwhile the convocation of 1603 had framed 
a body of canons for the governance of the clergy. Another 
convocation requires a passing notice, in which certain canons 
were drawn up in 1640, but by reason of an irregularity in the 
p r o c eedings of this convocation (chiefly, on the ground that 
its sessions were continued for some time after the parliament 
oC the realm had been dissolved), its canons are not held to have 
any binding obligation on the clergy. The convocations had 
up to this time maintained their liberty of voting the subsidies 
of the clergy in the form of " benevolences " separate and apart 
from the " aids " granted by the .laity in parliament, and one 
of the objections taken to the proceedings of the convocation 
of 1640 was that it had continued to sit and to vote its subsidies 
to the crown after the parliament itself had been dissolved. 
It is not, therefore, surprising on the restoration of the monarchy 
in 1661 that the spirituality was not anxious to retain the liberty 
of taxing itself apart from the laity, seeing that its ancient liberty 
was likely to prove of questionable advantage to it. It voted, 
however, a benevolence to the crown on the occasion of its first 
assembling in 1661 after the restoration of King Charles II., 
and it continued so to do until 1664, when an arrangement was 
made between Archbishop Sheldon and Lord Chancellor Hyde, 
under which the spirituality silently waived its long-asserted 



right of voting its own subsidies to the crown, and submitted itself 
thenceforth to be assessed to the " aids " directly granted to the 
crown. by parliament. An act was accordingly passed . 

by the parliament in the following year 1665, entitled 
An act to grant a Royal Aid unto the King's Majesty, 
to which aid the clergy were assessed by the com- 
missioners named in the statute without any objection being 
raised on their part or behalf, 1 there being a proviso that in so 
contributing the clergy should be relieved of the liability to pay 
two subsidies out of four, which had been voted by them in the 
convocation of a previous year. In consequence of this practical 
renunciation of their .separate status, as regards their liability 
to taxation, the clergy have assumed and enjoyed in common 
with the laity the right of voting at the election of members of 
the House of Commons, in virtue of their ecclesiastical freeholds. 

The most important and the last work of the convocation 
during this second period of its activity was the revision of the 
Book of Common Prayer which was completed in the latter 
part of 1661. 

The Revolution in 1688 is the most important epoch in the 
third period of the history of the synodical proceedings of the 
spirituality, when the convocation of Canterbury, 
having met in 1689 in pursuance of a royal writ, J!*A 
obtained a licence under the great seal, to prepare 
certain alterations in the liturgy and in the canons, and to 
deliberate on the reformation of the ecclesiastical courts. A 
feeling, however, of panic seems to have come over the Lower 
House, which took up a position of violent antagonism to the 
Upper House. This circumstance led to the prorogation of 
the convocation and to its subsequent discharge without any 
practical fruit resulting from the king's licence. Ten years 
elapsed during which the convocation was prorogued from time 
to time without any meeting of its members for business being 
allowed. The next convocation which was permitted to meet 
for business, in 1700, was marked by great turbulence and in- 
subordination on the part of the members of the Lower House, 
who refused to recognize the authority of the archbishop to 
prorogue their sessions. This controversy was kept up until 
the discharge of the convocation 'took place concurrently with 
the dissolution of the parliament in the autumn of that year. 
The proceedings of the Lower House in this convocation were 
disfigured by excesses which were clearly violations of the 
constitutional order of the convocation. The Lower House 
refused to take notice of the archbishop's schedule of prorogation, 
and adjourned itself by its own authority, and upon the demise 
of the crown it disputed the fact of its sessions having expired, 
and as parliament was to continue for a short time, prayed 
that its sessions might be continued as a part of the parliament 
under the " praemunientes " clause. The next convocation was 
summoned in the first year of Queen Anne, when the Lower 
House, under the leadership of Dean Aldrich, its prolocutor, 
challenged the right of the archbishop to prorogue it, CMm ^ 
and presented a petition to the queen, praying her Lower 
majesty to call the question into her own presence. «•««##• 
The question was thereupon examined by the queen's ** * 
council, when the right of the president to prorogue ^" - 
both houses of convocation by a schedule of prorogation was held 
to be proved, and further, that it could not be altered except 
by an act of parliament. During the remaining years of the 
reign of Queen Anne the two Houses of convocation were engaged 
cither in internecine strife, or in censuring sermons or books, as 
teaching latitudinarian or heretical doctrines; and, when it had 
been assembled concurrently with parliament on the accession 
of Ki ng George I., a great breach was before long created between 
the two houses by the Bangorian controversy. Dr Hoadty, 
bishop of Bangor, having preached a sermon before the king, 
in the Royal Chapel at St James's Palace' in 171 7, against the 
principles and practice of the nonjurors, which had been printed 

1 It had always been the practice, when the clwgy voted their sub- 
sidies in their convocation, for parliament to authorize the collection 
of each subsidy by the same commissioners who collected the 
parliamentary aid. 



66 



CONVOCATION 



by the king's command, the Lower House, which was offended 
by the sermon and had also been offended by a treatise on the 
same subject published by Dr Hoadiy in the previous 
*y* rfM year, lost no time in representing the sermon to the 
fcvfwvr. Upper House, and in calling for its condemnation. A 
controversy thereupon arose between the two houses 
which was kept up with untiring energy by the Lower House, 
until the convocation was prorogued in 17x7 in pursuance of a 
royal writ; from which time until i86x no licence from the crown 
was granted to convocation to proceed to business. During 
this period, which may be regarded as the fourth distinguishing 
period in the history of the convocations of the Church of England, 
it was usual for a few members of the convocation to 
meet when first summoned with every new parliament, 
in pursuance of the royal writ, for the Lower House 
to elect a prolocutor, and for both houses to vote an address 
to the crown, after which the convocation was prorogued from 
time to time, pursuant to royal writs, and ultimately discharged 
when the parliament was dissolved. There were, however, 
several occasions between 1717 and 2741 when the convocation 
of the province of Canterbury transacted certain matters, by 
way of consultation, which did not require any licence from the 
crown, and there was a short period in its session of 1741 when 
there was a probability of its being allowed to resume its de- 
liberative functions, as the Lower House had consented to obey 
the president's schedule of prorogation; but the Lower House 
having declined to receive a communication from the Upper 
House, the convocation was forthwith prorogued, from which 
time until the middle of the 19th century the convocation was 
not permitted by the crown to enjoy any opportunity even for 
consultation. The spirituality at last aroused itself from its 
long repose in 1853, and on this occasion the Upper House took 
the lead. The active spirit of the movement was Samuel Wilbcr- 
nak force, bishop of Oxford, but the master mind was 
pmM Henry Pbillpotts, bishop of Exeter. On the convoca- 
tion assembling several petitions were presented to 
both houses, praying them to take steps to procure from the 
crown the necessary licence for their meeting for the despatch 
of business, and an address to the Upper House was brought 
up from the Lower House, calling the attention of the Upper 
House to the reasonableness of the prayer of the various petitions. 
After some discussion the Upper House, influenced mainly by 
the argument of Henry, bishop of Exeter, consented to receive 
the address of the Lower House, and the convocation was there- 
upon prorogued, shortly after which it was discharged concur- 
rently with the dissolution of parliament. On the assembling 
of the next convocation of the province of Canterbury, no royal 
writ of exoneration having been sent by the crown to the metro- 
politan, the sessions of the convocation were continued for 
several days; and from this time forth convocation may be 
considered to have resumed its action as a consultative body, 
whilst it has also been permitted on more than one occasion 
to exercise its functions as a deliberative body. In 1865, under 
licence from the crown, the Convocations of Canterbury and 
York framed new canons in place of the 36th, 37th, 38th and 
40th canons of 1603, and amended the 62nd and xoand canons 
in 1888. In 187a convocation was empowered by letters of 
business from the crown to frame resolutions on the subject of 
public worship, which resolutions were afterwards incorporated 
in the Act of Uniformity Amendment Act 1873. 

As a deliberative body, convocation has done much useful 
work, but it suffers considerably from its unrepresentative 
nature. The non-beneficed clergy still remain without the 
franchise, but the establishment of Houses of £aymen (see 
Layicen, Houses or) for both. provinces has, to a certain extent, 
secured the co-operation of the lay element. Several attempts 
have been made to promote legislation to enable the convocations 
to reform their constitutions and to enable them to unite for 
special purposes; in 1005 a bfll was introduced into the House of 
Lords. It did not, however, get beyond a first reading. In 1806 
a departure was made in holding joint sessions of both convoca- 
tions, in conjunction with the two Houses of Laymen, for con- 



sultative purposes. This body is now termed the Representative 
Church Council, and it adopted a Constitution in November 1905. 
All formal business is transacted in the separate convocations. 
It is usual for convocation to meet three times a year. 

The order of convening the convocation of the province of Canter- 
bury is as follows. A writ issues from the crown, addressed to the 
metropolitan archbishop of Canterbury, commanding him " by 
reason of certain difficult and urgent affairs concerning us, the 
security and defence of our Church of England, and the peace and 
tranquillity, public good and defence of our kingdom, and our 
subjects of the same, to call together with all convenient speed, and 
in lawful manner, the several bishops of the province of Canterbury, 
and deans of the cathedral churches, ana also the archdeacons, 
chapters and colleges, and the whdc clergy of every diocese of the 
said province, to appear before the said metropolitan in the cathedral 
church of St Paul, London, on a certain day, or elsewhere, as shall 



seem most expedient, to treat of, agree to and conclude upon the 
> them s" 

e clearly explained on our bi 

of Canterbury should be vacant, the writ of the crown is ad- 



premises and other things, which to t 
be more clearly explained on our behalf.' 



shall then at the s 

In case the metropolitical 



dressed to the dean and chapter of the metropolitical church of 
Canterbury m similar terms, as being the guardians of the spiritu- 
alities of the see during a vacancy. Thereupon the metropolitan, 
or, as the case may be, the dean and chapter of the metropolitical 
church, issue a mandate to the bishop of London, as dean of the 
province, and if the bishopric of London should be vacant, then to 
the bishop of Winchester as subdean, which embodies the royal writ, 
and directs the bishop to cause all the bishops of the province to be 
cited, and through them the deans of the cathedral and collegiate 
churches, and the archdeacons and other dignitaries of churches, and 
each chapter by one, and the clergy of each diocese by two sufficient 
proctors, to appear before the metropolitan or his commissary, or, 
as the case may be, before the dean and chapter of the metropourjcal 
church or their commissary, in the chapter-house of the cathedral 
church of St Paul, London, if that place be named in the mandate, 
or elsewhere, with continuation and prorogation of days next 
following, if that should be necessary, to treat upon arduous and 
weighty affairs, which shall concern the state and welfare, public 
good and defence of this kingdom and the subjects thereof, to be 
then and there seriously laid before them, and to give their good 
counsel and assistance on the said affairs, and to consent to such 
things as shall happen to be wholesomely ordered and appointed 
by their common advisement, for the honour of God and the good 
of the church. 

The provincial dean, or the subdean, as the case majr be, there* 
upon issues a citation to the several bishops of the province, which 
embodies the mandate of the metropolitan or of the dean and chapter 
of the metropolitical church, as the case may be, and admonishes 
them to appear, and to cite and admonish their clergy, as specified 
in the metropolitical mandate, to appear at the time and place 
mentioned in the mandate. The bishops thereupon either summon 
directly the clergy of their respective dioceses to appear before them 
or their commi ss aries to elect two proc t or s , or they send a citation 
to their archdeacons, according to the custom of the diocese, direct- 
ing them to summon the clergy of their respective archdeaconries 
to elect a proctor. The practice of each diocese in this matter is 
the law of the convocation, and the practice varies indefinitely as 
regards the election of proctors to represent the beneficed dergy. 
As regards the deans, the bishops send special writs to them to 
appear in person, and to cause their chapters to appear severally by- 
one proctor. Writs also go to every archdeacon, and on the day 
named in the royal writ, which is always the day next following 
that named in the writ to summon the parliament, the convocation 
assembles in the place named in the archbishop's mandate. There* 
upon, after the Litany has been sung or said, and a Latin sermon 
preached by a preacher appointed by the metropolitan, the clergy 
are praeconizedor summoned by name to appear before the metro- 
politan or his commissary; after which the dergy of the Lower 
House are directed to withdraw and elect a prolocutor to be presented 
to the metropolitan for his approbation. The convocation thus 
constituted resolves itself at its next meeting into two houses, and 
it is in a fit state to proceed to business. 

The constitution of the convocation of the province of York differs 
slightly from that of the convocation of the province of Canterbury, 
as each archdeaconry b represented by two proctors, precisely aa 
in parliament formerly under the Praemunientes clause. 

There are some anomalies in the diocesan returns of the two 
convocations, but In all such matters the consuetudo of the diocese 
is the governing rule. 

Bibliography.— Wilkine, Concilia Magna* Britannia etHibemiae 
[4 vols, folio, 1737); Gibson, Codex Juris Ecclesiastic* Anglicans 
2 vols, folio, 1713) : Johnson, A Collection of all ike Ecclesiastical 
Lotos, Canons and Constitutions of the English Church (2 vols. 8vo, 
1720); Gibson, Synodus Anglicana (8vo, ryoa, it-edited by Dr 
Edward CardweU, Svo, i8jj; Shower, if Letter to s C omo cati ** 
Man eoncermngUie Rights, Towers and PrioUeges of that Body (ato. 
1697): Wake, The Authority of Christian Princes over their Ecclesi- 
astical Synods asserted, occasioned by a late Pamphlet intituled A Letter 



CONVOLVULACEAE— CONVOY 



*7 



The 


Rights, Powers 
i vindicated in 


am 


Burnet, Reflections 
leges of an English 
nnet. Ecclesiastical 


Zkurck of England 


Misrepresentation 
'ower of the Lower 
Gibson, The Right 


t Convocation (410, 


to, 
the 


1701); Hooper, 
Exceptions of a 


mf' 


' ue 


as( 


de 


ed 


of 


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:o, 


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Is. 


6 


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__„_ , — _, _,- of 

1859); Cardwell, A History of Conferences and < 
connected with the revision of the Common Prayer (8 
«eil, Synodaiia, a Collection of Articles of Religion, ro- 

eeetkngs of Convocation in the Province of Canterbu., v . , w . ~/o, 
184?) ; Lathbury. A History of the Convocation of the Church of Eng- 
land (2nd ed., 8vo, 1853); Trevor, The Convocation of the two Pro- 
vinces (8vo, 185a); Pearce. The Law relating to Convocations of the 
Clergy (8vo, 1848) ; Synodaiia, a Journal of Convocation, commenced 
In 1852 (8vo); 7m Chronicle of Convocation, being a record of the 
proceeding* of the Convocation of Canterbury, commenced in 1863 
(ivo). (T. T.; T. A. I.) 

COHVOLVULACBAE, a botanical natural order belonging to 
the series Tubiflorae of the sympetalous group of Dicotyledons. 
It contains about 40 genera with more than 1000 species, and is 
found in all parts of the world except the coldest, but is especially 
well developed in tropical Asia and tropical America. The most 
characteristic members of the order are twining plants with 
generally smooth heart-shaped leaves and large showy white or 
purple flowers, as, for instance, the greater bindweed of English 
hedges, Calystegia septum, and many species of the genus Jpomaca, 
the largest of the order, including the " convolvulus major " of 
gardens, and morning glory. The creeping or trailing type is a 
common one, as in the English bindweed (Convolvulus arvensis), 
which has also a tendency to climb, and Calystegia Soldanclla, 
the sea-bindweed, the long creeping stem of which forms a sand- 
binder on English seashores; a widespread and efficient tropical 
sand-binder is Ipomaca Pes-Caprae, One of the commonest 
tropical weeds, Evolvulus alsinoidcs, has slender, long-trailing 
stems with small leaves and flowers. In hot dry districts such 
as Arabia and north-east tropical Africa, genera have been 
developed "with a low, much-branched, dense, shrubby habit, 
with small hairy leaves and very small flowers. An exceptional 
type in the order is represented by Humbertia, a native of 
Madagascar, which forms a large tree. The dodder (q.v.) is a 
genus (Cuscuta) of leafless parasites with slender thread-like 
twining stems. The flowers stand singly in the leaf -axils or form 
few or many flowered cymose inflorescences; the flowers are 
sometimes crowded into small heads. The bracts are usually 
scale-like, but sometimes foliaceous, as for instance in Calystegia, 
where they are large and envelop the calyx. 

The parts of the flower are in fives in calyx, corolla and stamens, 
followed by two carpels which unite to form a superior ovary. 
The sepals, which are generally free, show much variation in size, 
shape and covering, and afford valuable characters for the distinc- 
tion of genera or sub-genera. The corolla b generally funnel- 
shaped, more rarely bell-shaped or tubular; the outer face is 
often marked out in longitudinal areas, five well-defined areas 
tapering from base to apex, and marked with longitudinal striae 
corresponding to the middle of the petals, and alternating with 
five non-striated weaker triangular areas; in the bud the latter 
are folded inwards, the stronger areas being exposed and showing 
a twist to the right. The slender filaments of the stamens vary 



widely, often in the same flower; the anther* are linear to 
ovate in shape, attached at the back to the filament, and open 
lengthwise. Some importance attaches to the form of the 
pollen grains; the two principal forms are ellipsoidal with 
longitudinal bands forming the Convolvulus-type, arid a spherical 
form with a spiny surface known as the Ipomaca-type. The. 
ovary is generally two-chambered, with two inverted ovules 
standing side by side at the inner angle of each chamber. The 
style is simple or branched, and the stigma is linear, capitate or 
globose in form; these variations afford means for distinguishing 
the different genera. The fruit is usually a capsule opening by 
valves; the seeds, where four are developed, are each shaped like 
the quadrant of a sphere; the seed-coat is smooth, or sometimes 
warty or hairy; the embryo is large with generally broad, folded, 
notched or biiobed cotyledons surrounded by a horny endosperm. 
Cuscuta has a thread-like, spirally twisted embryo with no trace 
of cotyledons. 

The large showy flowers are visited by insects for the honey 
which is secreted by a ring-like disk below the ovary; large- 



Convolvulus septum, slightly reduced. 

1. Flower cut vertically. 4. Embryo taken out of eeed. 

2. Fruit, slightly reduced. 5. Horizontal plan of arrange* 

3. Seed cut lengthwise showing ment of flower. 

embryo. 

flowered species ol Ipomaca with narrow tubes are adapted for the 
visits of honey-seeking birds. 

The largest genus, Ipomaca, has about 400 species distributed 
throughout the warmer parts of the earth. Convolvulus has 
about 150 to 200 species, mainly in temperate climates; the 
genus is principally developed in the Mediterranean area and 
western Asia. Cuscuta contains nearly 100 species in the warmer 
and temperate regions; two are native in Britain. 

The tubers of Ipomaca Batatas are rich in starch and sugar, and, 
as the " sweet potato,*' form one of the most widely distributed 
foods in the warmer parts of the earth. Several members of the 
order are used medicinally for the strong purging properties of the 
milky juice (latex) which they contain; scammony is the dried 
latex from the underground stem of Convolvulus Scommonia, a 
native of the Levant, while jalap is the product of the tubercles 
of Exogonium Purga, a native of Mexico. Species of Ipomaca 
(morning glory), Convolvulus and Calystegia are cultivated as 
ornamental plants. Convolvulus arvensis (bindweed) is a pest in 
fields and gardens on account of its wide-spreading underground 
stem, and many of the dodders (Cuscuta) cause damage to crops. 

CONVOY (through the Fr. from late Lat. conviare, to go along 
with, from Lat. cum; with, and via, way; " convey " has the 
same ultimate origin (see Conveyance], neither word being 



68 



CONVULSIONS— CONWAY, H. S. 



connected, as has sometimes /been supposed, with Lat con- 
vehtre, to carry together), a verb and noun now almost exclusively 
used in military and naval parlance. As a verb it signifies in the 
first instance to accompany or to escort; and in the 17th century 
we even hearjof cavalry " convoying " infantry, but its meaning 
was soon complicated by the growing use of the word " convey " 
in the sense of " to carry,' 1 and as the usual task of an escort was 
that of accompanying and protecting vehicles containing supplies, 
the noun " convoy " (Fr. comoi) was introduced and has thence- 
forward in land warfare meant a train of vehicles containing 
stores for the use of troops and its guard or escort. Sometimes 
even the word is found in the meaning of the train of vehicles 
without implying that there is an escort, so far has the original 
meaning become obscured; but the idea of military protection is 
always present, whether this protection is given by a separate 
escort or provided by the weapons of the drivers themselves. 

In naval warfare the term is used to describe a method 
adopted for defending merchant ships against capture. It was 
usually applied to the vessels to be protected— as for example 
" the Baltic convoy," or " Captain Montray's convoy." Until 
the 17th century the English term was "to waft" and the 
warship employed to guard the traders on their way was called 
"a waiter." The practice of sailing in convoy for mutual 
protection was common in the middle ages, when all ships were 
more or less armed and the war vessel was not entirely differ- 
entiated from the trader. Thus the ships of the great German 
confederation of cities known as the Hanseatic League were 
required to sail in convoy. So were the six trading squadrons 
which sailed yearly from Venice. The masters of all the vessels 
were required to obey the authority of an officer who had the 
general command. In the 16th century the Spanish trade With 
America was compelled by law to sail in convoys {fiotas), in order 
to avoid the danger of capture by pirates to which single ships 
were exposed. In the 17th and x8th centuries the use of convoy 
was universal. Dutch, French or British ships were collected at 
a rendezvous, and were accompanied by warships till they reached 
the point at which they were compelled to separate in order to 
go to their various destinations. The main danger was near the 
enemy's ports. An example of the way the duty was discharged 
may be found in the Newfoundland convoy. They sailed from 
England under the direction of a naval officer and the protection 
of bis ships, commonly a forty- or fifty-gun ship with a smaller 
vessel in attendance. The convoy sailed to the banks of 
Newfoundland. When they had filled up with stock fish, they 
were escorted across the Atlantic by the same officer. He 
accompanied those of them bound to the Mediterranean to the 
port of Leghorn, and, when they had unloaded and reloaded, saw 
them home. All cases were not so simple. The ships engaged in 
the East and West India trade, for instance, sailed together. In 
the Channel they were protected by the main strength of the 
fleet. When beyond the Scilly Islands they were left to the care 
of a smaller force, and continued together till in the neighbour- 
hood of Madeira, when they separated. Convoys were subject to 
attack in two forms, by strong squadrons which overpowered the 
guard, and by privateers, corsairs and isolated cruisers. This 
latter peril was much increased in the case of British commerce by 
the reluctance of the merchant captains to obey the naval officers. 
They were very much inclined to separate from the convoy as 
they approached their destination in the hope of forestalling 
rivals. As a natural consequence they were frequently captured 
by hostile privateers. French naval officers had authority and 
large powers of punishment over merchant skippers. The British 
naval officers had not. In 1803-34, on the renewal of the war with 
France, the British government saw the necessity for regulating 
convoy more strictly than had hitherto been the case. It 
therefore passed " an act for the better protection of the trade of 
the United Kingdom during the present hostilities with France." 
By this act (the 43rd Geo. III. Cap. 57) all vessels not exempted 
by special licence were required to sail in convoy and to conform 
to strict regulations, under penalties of £1000 (or, when the goods 
included government stores, of £1500) and the loss of all claim to 
insurance in cast of capture. (D. H.) 



The object of convoying is to attach an official public character 
to the convoyed ships, i.e. a sort of assimilation of them to 
the escorting ship or ships of war. Thus European states and 
jurists hold that the declaration of the commander of the convoy, 
that there is no contraband of war on board the convoyed ships, 
pledges the national good faith, and must be assumed to be 
correct in the same way as it is assumed that the convoy itself is 
carrying no contraband of war. Great Britain has never taken 
this view. Down to 1907 she had maintained that it is materially 
impossible for any neutral state to exercise the necessary super- 
vision to secure absolute accuracy of the ship's papers. Number 
29, however, of the instructions given by the government to 
the British plenipotentiaries at the Hague Conference of 1907 
stated that " H.M. government would ... be glad to see the 
right of search limited in every practicable way, e.g. by the adop- 
tion of a system of consular certificates declaring the absence of 
contraband from the cargo. ..." As the greater includes the 
smaller, we may assume that, if a consular certificate might 
suffice to exempt from the exercise of search, the state guarantee 
of a convoy would certainly suffice. The London Convention 
on the Laws and Customs of Naval War has laid down the rules 
as to convoys in the following terms: 

Neutral vessels under national convoy are exempt from search. 
The commander of a convoy gives, in writing, at the. request of the 
commander of a belligerent warship, all information as to the 
character of the vessels and their cargoes, which could be obtained 
by search.— Art. 61. 

If the commander of the belligerent warship has reason to suspect 
that the confidence of the commander of the convoy has been abused, 
he communicates his suspicions to him. In such a case h is for the 
commander of the convoy alone to investigate the matter. He must 
record the result of such investigation in a report, of which a copy is 
handed to the officer of the warship. If, in the opinjon of the com- 
mander of the convoy, the facts shown in the report justify the cap- 
ture of one or more vessels, the protection of the convoy must be 
withdrawn from such vessels. — Art. 62. (T. Ba.) 

CONVULSIONS, the pathological condition of body associated 
with abnormal, violent and spasmodic contractions and relaxa- 
tions of the muscles, taking the form of a fit. Convulsions may be 
a symptom resulting from various diseases, but the term is 
commonly restricted to the infantile variety, occurring in 
association with teething, or other causes which upset the child's 
nervous system. The treatment (plunging into a hot bath, or 
administration of chloroform) must be prompt, as convulsions are 
responsible for a large part of infant mortality. 

The name " Convulsionaries " (Fr. Convulsionnoircs) was 
given to certain Jansenist fanatics in France in the xSth century, 
owing to the convulsions, regarded by them as proofs of divine 
inspiration, which were the result of their religious ecstasies (see 
Jansenism). The term " Convulsionists " is sometimes applied 
to them, as also, more loosely, to other religious enthusiasts who 
exhibit the same symptoms. 

CONWAY. HENRY SEYMOUR (1 721-1795), English field 
marshal and statesman, was the second son of Francis Seymour, 
of Ragley, 'Warwickshire, who took the name of Conway on 
succeeding to the estates of the carl of Conway in 1699 *nd was 
created Baron Conway in 1703 (sec Seymour or St Matjk). 
Henry Seymour Conway's elder brother, Francis, 2nd Baron 
Conway, was created marquess of Hertford in 1793; his mother 
was a sister of Sir Robert Walpole's wife, and he was therefore 
first cousin to Horace Walpolc, with whom he was on terms of in- 
timate friendship throughout his life. Having entered the army 
at an early age, Conway was elected to the Irish parliament in 
1 74 1 as member for Antrim, which he continued to represent 
for twenty years; in the same year he became a member of the 
English House of Commons, sitting for Higham Ferrers in 
Northamptonshire, and he remained in parliament, representing 
successively a number of different constituencies, almost without 
interruption for more than forty years. Meantime he saw much 
service in the army abroad, where he served with conspicuous 
bravery and not without distinction. In 1745 he became 
aide-de-camp to the duke of Cumberland in Germany, and was 
present at Fontenoy; in the following year he had command 
of a regiment at Cullodcn. In 1 7 55 he went to Ireland as secretary 



CONWAY, HUGH— CONWAY, SIR W. M. 



69 



to the lord-fievtenanf, a position which he held for one year only; 
and on his return to England he received a court appointment, 
having already been promoted major-general. In 1757 he was 
associated with Sir John Mordaunt in command of an abortive 
expedition against Rochfort, the complete failure of which 
brought Conway into discredit and involved him in a pamphlet 
controversy. In 1750 he became lieutenant-general, and served 
under Prince Ferdinand of Brunswick in the campaigns of 1761- 
1763. Returning to England he took part in the debates in 
parliament on the Wilkes case, in which he opposed the views 
of the court, speaking strongly against the legality of general 
warrants. His conduct in this matter highly incensed the king, 
who insisted on Conway being deprived of his military command 
as well as of his appointment in the royal household. His 
dismissal along with other officers was the occasion of another 
paper controversy in which Conway was defended by Horace 
Walpole, and gave rise to much constitutional dispute as to 
the right of the king to remove military officers for their conduct 
in parliament— a right that was tacitly abandoned by the Crown 
when the Rockingham ministry of 176s reinstated the officers 
who had been removed. , 

In this ministry Conway took office as secretary of state, with 
the leadership of the House of Commons. In the dispute with 
the American colonies his sympathies were with the latter, and 
in 1766 he carried the repeal of the Stamp Act. When in July 
of that year Rockingham gave place to Chatham, Conway 
retained his office; and when Chatham became incapacitated by 
illness he tamely acquiesced in Townsbend's reversal of the 
American policy which be himself bad so actively furthered in 
the previous administration. In January 1768, offended by the 
growing influence of the Bedford faction which joined the govern- 
ment, Conway resigned the seals of office, though he was per- 
suaded by the king to remain a member of the cabinet and 
" Minister of the House of Commons. 14 When, however, Lord 
North became premier in 1770, Conway resigned from the 
cabinet and was appointed to the command of the royal regiment 
of horse guards; and in 1772 be became governor of Jersey, 
the island being twice invaded by the French during his tenure 
of command. In 1 780 and x 781 he took an active part in opposi- 
tion to Lord North's American policy, and it was largely as the 
result of his motion on the 22nd of February in the latter year, 
demanding the cessation of the war against the colonies, when 
the ministerial majority was reduced to one, that Lord North 
resigned office. In the Rockingham government that followed 
General Conway became commander-in-chief with a seat in the 
cabinet; and he retained office under Shelburne when Rocking- 
ham died a few months later. On Pitt's elevation to the premier- 
ship, Conway supported Fox in opposition; but after the 
dissolution of parliament in 1784 he retired from political life. 
He was made field marshal in 1793, and died at Henley-on-Thames 
on the oth of Jury 1795. Conway married in 1747 Caroline, 
daughter of General Campbell (afterwards duke of Argyll), and 
widow of the earl of Aylesbury. He had one daughter, Anne, 
who married John Damer, son of Lord Milton, and who inherited 
a life interest in Strawberry Hill under the will of Horace Walpole. 

Conway was personally one of the most popular men of his 
day. He was handsome, conciliatory and agreeable, and a 
man of refined taste and untarnished honour. As a soldier he 
was a dashing officer, but a poor general. He was weak, vacillat- 
ing and ineffective as a politician, lacking in judgment and 
decision, and without any great parliamentary talent. In his 
later yean he dabbled in literature and the drama, and interested 
himself in arboriculture in his retirement at Henley-on-Thames. 

See Horace Walpole, Letters, edited by P. Cunningham (9 vols., 
London, 1857), many of the letters being addressed to Conway; 
Memoirs of the Last Ten Years of the Reign of George II. (2 vols., 
London, 1822); Memoirs of the Reign of George III., edited by Sir 
D. le Marchant (4 vols., London, 1845); Journal of the Reign of 
George III.. 1771-1783 (2 vols., London, 1850). See also the duke 
of Buckingham and Chandos, Memoirs of the Court and Cabinets 
of George III. (4 vols., London, 1853). Much information about 
Conway will also be found in the biographies of his leading con- 
temporaries, Rocldnghara,3helburne, Chatham, Pitt and Fox. 

(JLJ.M.) 



CONWAY, HUGH, the nom-de-plume of Frederick John 
Fakgus (1847-1885), English novelist, who was born at 
Bristol on the 26th of December 1847, the son of an auctioneer. 
He was intended for his father's business, but at the age of 
thirteen joined the training-ship "Conway" in the Mersey. 
In deference to his father's wishes, however, he gave up the idea 
of becoming a sailor, and returned to Bristol, where he was 
articled to a firm of accountants till on his father's death in 
1868 he took over the family business. While a clerk be had 
written the words for various songs, adopting the nom-de-plume 
Hugh Conway in memory of his days on the training-ship. ,Mr 
Arrowsmith, the Bristol printer and publisher, took an interest 
in his work, and Fargus's first short story appeared in Arrow- 
smith's Miscellany. In 1883 Fargus published through Arrow- 
smith his first long story, Called Back, of which over 350,000 
copies were sold within four years. A dramatic version of this 
book was produced in London in 1884, and in this year fargus 
published another story, Dark Days. Ordered to the Riviera 
for his health, he caught typhoid fever, and died at Monte Carlo 
on the 15th of May 1885. Several other books from his pen 
appeared posthumously, notably A Family Affair. 

CONWAY, MONCURE DANIEL (1832-1907), American 
clergyman and author, was born of an old Virginia family in 
Stafford county, Virginia, on the 17th of March 1832. He 
graduated at Dickinson College in 1840, studied law for a year, 
and then became a Methodist minister in his native state. In 
1852, owing largely to the influence of Ralph Waldo Emerson, 
his religious and political views underwent a radical change, and 
he entered the Harvard Divinity School, where he graduated 
in 1854. Here he fell under the influence of " transcendentalism," 
and became an outspoken abolitionist. On his return to 
Virginia this fact and his rumoured connexion with the attempt 
to rescue the fugitive slave, Anthony Burns, in Boston aroused 
the bitter hostility of his old neighbours and friends, and in 
consequence he left the state. In 1854-1856 he was pastor of 
a Unitarian church at Washington, D.C., but his anti-slavery 
views brought about his dismissal. From 1856 to 186 1 he was a 
Unitarian minister in Cincinnati, Ohio, where, also, he edited 
a short-lived liberal periodical called The DiaL Subsequently 
he was an editor of the Commonwealth in Boston, Mass*, and 
wrote The Rejected Stone (1861) and The Golden How (186a), 
both powerful pleas for emancipation. In 1 862-1 863, during 
the Civil War, he lectured in England in behalf of the North. 
From 1863 to 1884 he was the minister of the South Place chapel, 
Finsbury, London; and during this time wrote frequently for 
the London press. In 1884 he returned to the United States 
to devote himself to literary work. In addition to those above 
mentioned, his publications include Tracts for To-day (1858), 
Th* Natural History of the Devil (1.859), Testimonies Concerning 
Stotry (1864), The Earthward Pilgrimage (1870), Republican 
Superstitions (1872), Idols and Ideals (1871), Demonology and 
Devil Lore (2 vojs., 1878), A Necklace of Stories (1879), Thomas 
Carlyle (1881), The Wandering Jew (1881), Emerson at Home and 
Abroad (1882), Pine and Palm (2 vols., 1887), Life and Papers of 
Edmund Randolph (1888), The Life of Thomas Paine with an 
unpublished sketch of Paine by William Cobbctt (2 vols., 1892), 
Solomon and Solomonic Literature (1899), his Autobiography 
(2 vols., 1000), and My Pilgrimage to the Wise Men of lite East 
(1006). Conway died on the 15th of November 1907. 

CONWAY, SIR WILLIAM MARTIN (1856- ), English art 
critic and mountaineer, son of the Rev. William Conway, after- 
wards canon of Westminster, was born at Rochester, and was 
educated at Repton and at Trinity College, Cambridge. He 
became interested in early printing and engraving, and in 1880 
made a tour of the principal libraries of Europe in pursuit of his 
studies, the result appearing in 1884 as a History of the Wood- 
cutters of the Netherlands in the Fifteenth Century, His later works 
on art included Early Flemish Artists (1887); The Literary 
Remains of Albrecht Diirer (1889): The Dawn of Art in the 
Ancient World (1891), dealing with Chaldaean, Assyrian and 
Egyptian art; Early Tuscan Artists (1902). From 1884 to 1887 
he was professor of art at University College, Liverpool i and in 



7° 



CONWAY— COODE 



1901-1904 he was Stale professor of the fine arts at Cambridge. 
He was knighted in 189s. Sir Martin Conway early became a 
member of the Alpine Club, of which he was president from 1902 
to 1904. In 1892 he beat the climbing record by ascending to a 
height of 23,000 ft. in the. Himalayas in the course of an exploring 
and mountaineering expedition undertaken under the auspices 
of the Royal Society, the Royal Geographical Society and the 
British Association. In 1806-1897 he explored the interior of 
Spitsbergen, and in the next year he explored and surveyed the 
Bolivian Andes, climbing Sorata (21,500 ft.) and lUimani 
(21,200 ft.). He also ascended Aconcagua (23,080 ft.) and 
explored Tierra del Fuego. At the Paris exhibition of 1900 he 
received the gold medal for mountain surveys, and the founder's 
medal of the Royal Geographical Society in. 1905. His expedi- 
tions are described in his Climbing and Exploration in the Kara- 
Koram Himalayas (1894), The Alps from End to End (1895), The 
First Crossing of Spitsbergen (1897), The Bolivian Andes (1901), 
&c.;No Man's Land, a History of Spitsbergen from . . , 1596 . . „ 
was published in 1906. 

CONWAY {Conwy \ or Aberconwy), a municipal borough in the 
Arfon parliamentary division of Carnarvonshire, N. Wales, 14 m. 
by the London & North- Western railway from Bangor, and 225 
m.N. W. from London. Pop. (xoor) 4681. The town is enclosed 
by a high wall, roughly triangular, about x m. round, with 
twenty-one dilapidated round towers, pierced by three principal 
gateways with two strong towers. The castle in the south-east 
angle, built in 1284 by Edward I., was inhabited, in 1389, by 
Richard II., who here agreed to abdicate. Held for Charles I. by 
Archbishop Williams, it was taken by General Mytton in 1646. 
Dismantled by the new proprietor, Earl Conway, it remains a . 
ruin. It is oblong, with eight massive towers, and has, within, a 
hall 130 ft. in length, known as Llewelyn's. The parliamentary 
borough of Conway.returning, with five other towns,one member, 
extends over to the right bank of the stream Conwy (Conway). 
In 1885 the mayor of Conway was made a constable. Llandudno 
with Great and Little Orme's Heads are at some 4 m. distance. 
Two bridges, a tubular for the railway (40 ft. shorter than that of 
the Menai) and a suspension, designed by Stephenson (1846- 
1848) and Telford (1822-1826) respectively, cross the stream. 
St Mary's church is Gothic; the Elizabethan Pl&s Mawr is the 
locale of the Royal Cambrian Academy of Art. There are still 
some fragments of the 1185 Cistercian Abbey. There are golf 
links here and at Llandudno. The Conwy stream, on which a 
steamboat runs from Deganwy (2 m. below Conway town) to 
Trefriw, opposite Llanrwst, in summer, has some coasting trade 
in sulphur and slates. It is about 30 m. long, its valley (a 
haunt of artists) containing the towns last mentioned and 
Bett ws y coed. Its pearls are men tioned in Drayton's Polyolbion 
and Spenser's Faerie Quecne. Pearl fisheries existed at Conway 
for many centuries, dating back to the Roman occupation. 
Tacitus, Agricola, 12, says of Britain "gignit et Oceanus 
margarita, sed subfusca ac liventia," as are those found to-day. 
Diganhwy (Dyganwy, Deganwy) is mentioned in the Mabinogion 
(Geraint and Enid), if the reading is sound; it is certainly 
mentioned in the Annates Cambriae (years 812-822) and in the 
Black Book of Cacrfyrddin (Carmarthen), xxiii. x. Caer-hyn, 4} 
m. from Conway, is on the highroad from London to Holyhead, 
and is the Conovium of the Romans. The site of the camp can 
still be traced, consisting of a square, strengthened by four 
parallel walls, extending to a distance from the main work. 
The .camp is on a height, with the Conwy in front and a wood on 
each flank. At the foot of the hill, near the stream, was a Roman 
bath, with walls, pavement and pillars. Camden's Britannia 
mentions tiles, with marks of the xoth or Antoninus's legion, 
as being found here, perhaps mistakenly. Gleini nadroedd 
(possibly amulets) and vitrum have been found here. In Bwlch y 
,ddwy facn ( M two rock ravine "), on the way to Aber, are the 
remains of a Roman road and antiquities. 

CONYBEARE, WILUAM DANIEL (1737-1857), dean of 
Llandaff, one of the most distinguished of English geologists, who 
was born in London on the 7th of June 1787, was a grandson of 
John Conybeare, bishop of Bristol (1692-1755)^ notable preacher 



and divine, and son of Dr William Conybeare, rc$ tor of Bishops- 
gate. Educated first at Westminster school, he went in 1805 to 
Christ Church, Oxford, where in 1808 he took his degree of B.A.. 
with a first in classics and second in mathematics, and proceeded 
to M.A. three years later. Having entered holy orders he 
became in 1814 curate of Wardington, near Banbury, and he 
accepted also a lectureship at Brislington near Bristol. During 
this period he was one of the founders of the Bristol Philosophi- 
cal Institution (1822). He was rector of Sully in Glamorganshire 
from 1823 to 1836, and vicar of Axminster from 1836 to 1844. 
He was appointed Bampton lecturer in 1839, and was instituted 
to the deanery of Llandaff in 1845. Attracted to the study of 
geology by the lectures of Dr John Kidd (q,v.) he pursued the 
subject with ardour. As soon as he had left college he made 
extended journeys in Britain and on the continent, and he 
became one of the early members of the Geological Society. 
Both Buckiand and Sedgwick acknowledged their indebtedness 
to him for instruction received when they first began to devote 
attention to geology. To the Transactions of the Geological 
Society as well as to the Annals of Philosophy and Philosophical 
Magazine he contributed many geological memoirs. In 1821 he 
distinguished himself by the description of a skeleton of the 
Plesicsaurus, discovered by Mary Anning, and his account has 
been confirmed in all main points by subsequent researches. 
Among his most important memoirs is that on the south-western 
coal district of England,written in conjunction with Dr Buckiand, 
and published in 1824. He wrote also on the valley of the Thames, 
on Elie de Beaumont's theory of mountain-chains, and on the 
great landslip which occurred near Lyme Regis in 1839 when 
he was vicar of Axminster. His principal work, however, is the 
Outlines of the Geology of England and Wales (1822) .being a second 
edition of the small work issued by William Phillips (q.v.) and 
written in co-operation with that author. The original contribu- 
tions of Conybeare formed the principal portion of this edition, 
of which only Part I., dealing with the Carboniferous and newer 
strata, was published. It affords evidence throughout of the 
extensive and accurate knowledge possessed by Conybeare; 
and it exercised a marked influence on the progress of geology 
in this country. He was a fellow of the Royal Society and a 
corresponding member of the Institute of France. In 1844 he 
was awarded the Wollaston medal by the Geological Society of 
London. The loss of his eldest son, W. J. Conybeare, preyed on 
his mind and hastened his end. He died at Itchenstoke, near 
Portsmouth, a few months after his son, on the 12th of August 
1*57. (Obituary in Gent. Mag. Sept. 1857, p. 335.) 

His elder brother John Josias Conybeare (1770-1824), also 
educated at Christ Church, Oxford, and an accomplished scholar, 
became vicar of Batheaston, and was professor of Anglo-Saxon 
and afterwards of poetry at Oxford. He likewise was an ardent 
student of geology and communicated several important papers 
to the A nnals of Philosophy and the Transactions of the Geological 
Society of London. (Obituary in Ann. Phil. voL viii, Sept. 
1824, p. 162.) 

CONYBEARE, WILUAM JOHN (1815-1857), English divine, 
son of Dean W. D. Conybeare, was born on the xst of August 
1815, and was educated at Westminster and at Trinity College, 
Cambridge, where he was elected fellow in 1837. From 1842 
to 1848 he was principal of the Liverpool Collegiate Institution, 
which he left for the vicarage of Axminster. He published 
Essays, Ecclesiastical and Social, in 1856, and a novel, Perversion, 
or the Causes and Consequences of Infidelity, but is best known as 
the joint author (with J. S. Howson) of The Life and Epistles 
of St Paul (1851). He died at Weybridge in 1857, 

COODE, SIR JOHN (1816-1892), English engineer, was born, 
at Bodmin, Cornwall, on the nth of November 1816, the son 
of a solicitor. After considerable experience as an engineer in 
the west of England he came to London, and from 1844-1847 
had a consulting practice in Westminster. In the latter year 
he was appointed resident engineer in charge of the.extensive 
national harbour works at Portland then in progress. In 1856 
he was appointed engineer-in-chief of this undertaking, and this 
post he retained till the completion of the works in 1872. His 



COOK, Av S.— -COQK, CAPTAIN 



7> 



services at Portland were rewarded nitk a knighthood. Hewn 
now reqogntord as the leading authority on harbour construction, 
and his advice was sought by many of the colonial governments,, 
especially by those of South Africa and Australia, and by the 
Indian government. After the Portland harbour his best-known 
work is the harbour of Colombo, Ceylon. He was made a 
tCM.G. in x886. From 1884 till his death he was a member 
of the Suez Canal Commission, and from 1880-1891 president 
of the Institution of Civil Engineers. He died at Brighton on 
the 2nd of March 1894. 

COOK. ALBERT STAMBURROUGH (1853- ), American 
scholar, was bom on the 6th of March 1853 in MontviUe, Morris, 
county, New Jersey. He graduated at Rutgers College in 1871, 
and also studied at Gottingen and Leipzig (1877-1878), and, 
after spending the years 18797*8** as associate in English 
at Johns Hopkins University, in London, and under Sievers 
at Jena, he became in 1882 professor of English in the University 
of California, and in 1889 professor of English language and 
literature in Yale University. He re-organized the teaching 
of English in the state of California, and edited many texts for 
reading in secondary schools; but he is best known for his work 
in Old English and in poetics. He translated, edited, and 
revised Sievers' Old English Grammar (1885), edited Judith 
(1888), The Christ ofCynewulf (1900), Aster's life 0} King Alfred 
(1905), and The Dream oftlte Rood (1005), and prepared A First 
Book in Old English Grammar (1894). He also edited, with 
annotations, Sidney's Defense of Pocsie (1890); Shelley's Defense 
of Poetry (1891); Newman's Poetry (1891); Addison's Criticisms 
on Paradise Lost (1892); The Art of Poetry (189a), being the 
essays of Horace, Vida and Boileau; and Leigh Hunt's What is 
Poetry (1893); and published Higlter Study of English (1906). 

COOK, EDWARD DTJTTON (1820-1883), English dramatic 
critic and author, was born in London on the 30th of January 
1829,' the son of a solicitor. He was educated at King's College 
school, London, and, after four years in his father's office, obtained 
a situation In the London office of a railway company, at first 
utilizing only his spare time in literary work, but eventually 
devoting himself entirely to literature. He was dramatic critic 
of the Pall Mall Gazette from 1867 to 1875, and of the World 
from 1875 till his death. He also wrote freely on art topics, 
and was the author of several novels. He died in London on 
the nth of September 1883. 

COOK, ELIZA (18 1 8-1889), English author, was born on the 
24th of December 1818, in Southwark, being the daughter of a 
local tradesman. She was self-taught, and began when a girl 
to write poetry for the Weekly Dispatch and New MontlUy. In 
1838 she published Melaia and other Poems, and from 1849 to 
1854 conducted a paper for family reading called Eliza Cook's 
Journal. She also published Jottings from my Journal (i860), 
and Nc-:v Echoes (1864); and in 1863 she was given a civil list 
pension of £100 a year. As the author of a single poem, " The 
Old Armchair," Eliza Cook's name was for a generation after 
1838 a household word both in England and in America, her 
kindly domestic sentiment making her a great favourite with the 
working-class and middle-class public She died at Wimbledon 
on the 23rd of September 1889, 

COOK, JAKES (1 728-1779), English naval captain and 
explorer, was born on the 28th of October 1728, at Marion 
village, Cleveland, Yorkshire, where his father was first an 
agricultural labourer and then a farm bailiff. At twelve years 
of age he was apprenticed to a haberdasher at Staithes, near 
Whitby, and afterwards to Messrs Walker, shipowners, of 
Whitby, whom he served for years in the Norway, Baltic and 
Newcastle trades. 

In 1755, having risen to be a mate, Cook joined* the royal 
navy, and after four years' service was, on the recommendation 
of Sir Hugh Palliser, his commander, appointed master suc- 
cessively of the sloop " Grampus," of the " Garland " and of the 
" Solebay," in the last of which ne served in the St Lawrence. 
He was employed also in sounding and surveying the river, and 
he published a chart of the channel from Quebec to the sea. In 
1762 be was present at the recapture of Newfoundland, and was 



employed m surveying portions of this coast (especially Placentia 
Harbour); in 1763, on Palliser becoming governor of Newfound- 
land, Cook was appointed "marine surveyor of the coast of 
Newfoundland and Labrador "; this office he held till 1767; 
and the volumes of sailing directions he now brought out (1766- 
1 768) showed remarkable abilities. At the same time he began 
to make his reputation as a mathematician and astronomer by 
his observation of the solar eclipse of the 5th of August 1766, 
at one of the Burgeo Islands, near Cape Ray, and by his account 
of the same in the Philosophical Transactions (vol lvii pp.. 
215-216). 

In 1768 Cook was appointed to conduct an expedition, 
suggested by the revival of geographical interest now noticeable* 
and resolved on by the English admiralty at the instance of the 
Royal Society, for observing the impending transit of Venus, and 
prosecuting geographical researches in the South Pacific Ocean. 
For these purposes he received a commission as lieutenant (May 
25th), and set sail in the " Endeavour," of 370 tons, accompanied 
by several men of science, including Sir Joseph Banks (August 
25th). On the 13th of April 1769, be reached Tahiti, where he 
observed the transit on the 3rd of June. From. Tahiti he sailed in 
quest of the great continent then supposed to exist in the South 
Pacific, explored the Society Islands, and thence struck to New 
Zealand, whose coasts he circumnavigated. and examined with 
great care for six months, charting them for the first time with 
fair accuracy, and. especially observing the channel ('* Cook 
Strait") which divided the North and South Islands. His 
attempts to penetrate to the interior, however, were thwarted by 
native hostility, From New Zealand he proceeded to " New 
Holland " or Australia, and surveyed with the same minuteness 
and accuracy the whole east coast. New South Wales he named 
after a supposed resemblance to Glamorganshire; Botany Bay, 
sighted on the 28th of April 1770, was so called by the 
naturalists of the expedition. On account of the hostility of the 
natives his discoveries here also were confined to the coast, of 
which he took possession for Great Britain. From Australia 
Cook sailed to Batavia, satisfying himself upon the way that (as 
Torres had first shown in 1607) New Guinea was in no way an 
outlying part of the greater land mass to the south. 

Arriving in England, by way of the Cape of Good Hope, on the 
1 2th of June, Cook was made a commander, and soon after was 
appointed to command another expedition for examining and 
determining once for all the question of tbe supposed great 
southern. continent. With the " Resolution " of 462 tons, the 
" Adventure " (Captain Furocaux) of 330 tons, and 193 men, 
he sailed from Plymouth on the 13th of July 177a; he touched at 
the Capcof Good Hope, and striking thence south-east (November 
2 and) passed the Antarctic Circle (January 16th, -1773), repassed 
the same, and made his way to New Zealand (March 26th) 
without discovering land. From New Zealand he resumed his 
" starch for a continent," working up and down across the South 
Pacific, and penetrating to 67° 31' and again to 71° io' S., with 
imminent risk of destruction from floating ice, but with the 
satisfaction of disproving the possibility of the disputed con- 
tinent, in the seas south-eastward of New Zealand. He then 
made for Easter Island, whose exact position he determined, for 
the first time, with accuracy; noticing and describing the gigantic 
statues which Roggcwein, the first discoverer of the island, had 
made known. In the same manner he accomplished a better 
determination and examination of the Marquesas, as well as of 
the Tonga or Friendly Islands, than had yet been made; and 
after a stay at Tahiti to rest and refit, crossed the central Pacific 
to the " New Hebrides," as he renamed Quiros's " Southern 
Land of the Holy Spirit " (a name preserved in the modern 
island of Espiriiu Santo), called by Bougainville the " Great 
Cycladcs " (Grande* Cytlades), whose position, extent, divisions 
and character were now verified as neve? before. Next followed 
the wholly new discoveries of New. Caledonia, Norfolk Island, 
and the Isle of Pines. Another visit to New Zealand, and yet 
another examination of the far southern Pacific, which was 
crossed from- west to east through the whole of its extent, from 
south Australia to Tierra del Fuego; were now undertaken by 



72 



COOK, THOMAS 



Cook before he finally closed his work in refutation of the Ant- 
arctic continent, as previously understood, on this side of the 
world. The voyage closed with a rapid survey of the " Land of 
Tire," the rounding of Cape Horn, the rediscovery of the island 
now named Southern Georgia, the discovery of Sandwich Land, 
the crossing of the South Atlantic (here also exploding the great 
Terra Australis delusion), and visits to the Cape of Good Hope, 
St Helena, Ascension, Fernando Noronha and the Asores. 
The voyage (reckoning only from the Cape of Good Hope and 
back to the same) had covered considerably more than 20,000 
leagues, nearly three times the equatorial circumference of the 
earth; it left the main outlines of the southern portions of the 
globe substantially as they are known to-day; and it showed a 
possibility of keeping a number of men for years at sea without a 
heavy toll of lives. Cook only lost one man out of 118 in more 
than 1000 days; he had conquered scurvy. 

The discoverer reached Plymouth on the 25th of Jury 177s* 
and his achievements were promptly, if meanly, rewarded. H$ 
was immediately raised to the rank of post-captain, appointed a 
captain in Greenwich hospital, and scon afterwards unanimously 
elected a member of the Royal Society, from which he received 
the Copley gold medal for the best experimental paper which had 
appeared during the year. 

Cook's third and last voyage was primarily to settle the 
question of the north-west passage, practically abandoned since 
before the middle of the 17th century, but now taken up again, as 
a matter of scientific interest, by the British government. The 
explorer, who had volunteered for this service, was instructed to 
sail first into the Pacific through the chain of the newly dis- 
covered islands which he had recently visited, and on reaching 
New Albion to proceed northward as far as latitude 65° and 
endeavour to find a passage to the Atlantic Several ships were 
at the same time fitted out to attempt a passage on the other side 
from the Atlantic to the Pacific. Sailing from the Nore on the 
25th of June 1776 (Plymouth, July 12), with the "Resolution" 
and " Discovery," and touching at the Cape of Good Hope, 
which he left on the 30th of November, Cook next made Tasmania 
and thence passed on to New Zealand and the Tonga and Society 
Islands, discovering on his way several of the larger members of 
the Hervcy or Cook Archipelago, especially Mangaia and Aitutaki 
(March 30th- April 4th, 1777); some smaller isles of this group he 
had already sighted on his second voyage, September 23rd, 
x 773. From Tahiti, as he moved north towards the main object 
of his expedition, he made a far more important discovery, or 
rather rediscovery, that of the Hawaiian or Sandwich Islands, 
the greatest and most remarkable of the Polynesian archipelagos 
(early February 1778). These had perhaps first been seen by the 
Spanish navigator Gaetano in 1555; but their existence had been 
kept a close secret by Spain at the time, and had long been 
forgotten. Striking the west American coast in 44 55' N. on the 
7 th of March following, he made an almost continuous, survey of 
the same up to Bering Straits and beyond, as far as 70 41', 
where he found the passage hatred by a wall, or rather continent, 
of ice, rising xs ft. above water, and stretching as far as the eye 
could reach. The farthest point visible on the American shore 
(in the extreme north-west of Alaska) he called Icy Cape. On 
his way towards Bering Straits he discovered and named King 
George's (" Nootka ") and Prince William's Sound, as well as 
Cape Prince of Wales, the westernmost extremity of North 
America, never yet seen by English navigators, but well known 
to Russian explorers, who probably first sighted it in 1648; he 
also penetrated into the bay afterwards known as Cook's Inlet 
or River, which at first seemed to promise a passage to the 
Arctic Seas, to the south-east of the Alaska peninsula. Cook 
next visited the Asiatic shores of Bering Straits (the extreme 
north-east of Siberia); returning to America, he explored 
Norton Sound, north of the Yukon; touched at (Aleutian) 
Unalaska, where he met with some Russian- American settlers; 
and thence made his way back to the Hawaiian group, which he 
had christened after his friend and patron Lord Sandwich, then 
head of the British admiralty (January 17th, 1779). Here he 
visited Maui and Hawaii itself, whose size and importance he now 



first realized, and in one of whose bays' (Kealakekua) he met M» 
death early in the morning of the 14th of February x 770. During 
the night of the 13th, one of the " Discovery's " boats was stolen 
by the natives; and Cook, in order to recover it, made trial of 
his favourite expedient of seizing the king's person until repara- 
tion should be made. Having landed on the following day with 
some marines, a scuffle ensued which compelled the party to 
retreat to their boats. Cook was the last to retire ; and as be was 
nearing the shore he received a blow from behind which felled him 
to the ground. He rose immediately, and vigorously resisted the 
crowds that pressed upon him, but was soon overpowered. 

Had Cook returned from his third voyage, there is ground for 
believing King George would have made him a baronet. Dis- 
tinguished honours were paid to his memory, both at home ami 
by foreign courts, and a pension was settled upon his widow. 
But in his life a very inadequate share of official reward was 
dealt out to the man who not only may be placed first among 
British maritime discoverers, but also gave his country her title, 
and so her colonies, in Australasia. As a commander, an observer 
and a practical physician, his merits were equally great. Re- 
ference has been made to his survey work and to his victory over 
scurvy; it must not be forgotten that along with a commanding' 
personal presence, and with sagacity, decision and perseverance 
quite extraordinary, went other qualities not less useful to his 
work. He won the affection of those who served under him by 
sympathy, kindness and unselfish care of others as noteworthy 
as his gifts of intellect. 



to the 
Cook 



See' the Account of a Voyage round the World in 1760-1771, by Lieut, 
James Cook, in vols. ii. and Hi. of Ha wkes worth s voyages (177.O: 
the Voyage towards the South Pole and round the World . . . in . 
i77*-*775, written by James Cook . . . (1777); a Voyage 
Pacific Ocean . . . in 1776-1780, vols. i. and ii. written by 
(1784); also the Narrative of the Voyages round the World performed 
by Captain James Cook, by A. Kippis, D.D., F.R.S. (1788), long the 
standard life of the navigator, but now superseded by Arthur 
Kitson's Captain James Cook, the Circumnavigator (1907). (C R. B.) 

COOK, THOMAS (1808-2892), English travelling agent, was 
born at Melbourne in Derbyshire on the 22nd of November 1808. 
Beginning work at the age of ten, he was successively a gardener's 
help and a wood-turner at Melbourne, and a printer at Lough- 
borough. At the age of twenty he became a Bible-reader and 
village missionary for the county of Rutland; but in 1832, on 
his marriage, combined his wood-turning business with that 
occupation. In 1836 he became a total abstainer, and sub- 
sequently became actively associated with the temperance 
movement, and printed at his own expense various publications 
in its interest, notably the Children's Temperance Magazine 
(1840), the first of its kind to appear in England. In June 1841 
a large meeting was to be held at Loughborough in connexion 
with this movement, and Cook was struck with the idea of getting 
the Midland CountiesRail way Company to run a special train from 
Leicester to the meeting. The company consented, and on the 5th 
of July there were carried 570 passengers from Leicester to Lough- 
borough and back at a shilling a head. This is believed to be the 
first publicly-advertised excursion train, ever run in England — 
private " specials," reserved for membersof institutes and similar 
bodies, were already in use. The event caused great excitement, 
and Cook received so many applications to organize similar 
parties that he henceforward deserted wood-turning, while 
continuing his printing and publishing. The summers of the 
next three years were occupied with excursions like the first; 
but in 2845 Cook advertised a pleasure-trip on a more extensive 
scale, from Leicester to Liverpool and back, with opportunities 
for visiting the Isle of Man, Dublin and Welsh coast. A Hand- 
book of Ike Trip to Liverpool wis supplied for the use of travellers. 
In the previous year Cook had entered into a permanent arrange- 
ment with the Midland Railway Company to place trains at 
his disposal, for which he should provide the passengers. A 
trip to Scotland followed, and the excursionists 'were received 
in Glasgow with music and salute of guns. 

The next great impetus to popular travel was given by the 
Great Exhibition of 1851, which Cook helped 165,000 visitors 
to attend. On the occasion of the Paris exhibition of 1855 there 



COOK ISLANDS— COOKE, JAY , 



was 4 Cook's excursion from Leicester to Calais and back for 
1 1:10a. The following year saw the first grand circular tour 
ia Europe. Una part of Cook's activity largely increased after 

1863, whan the Scottish railway managers broke off their 
engagements with him, and left him free for more distant 
enterprise Switzerland was opened up in 1863, and Italy in 

1864. Up to this time " Cook's tourists " had been personally 
conducted, but now be began to be an agent for* the sale of 
English and foreign tickets, the holders of which travelled in- 
dependently. Switzerland was the first foreign country accessible 
under these conditions, and in 1865 nearly the whole of Europe 
was included in the scheme. Its extension to the United States 
followed in 1866. For the benefit of visitors to the Paris ex- 
hibition, Cook made a fresh departure and leased a hotel there. 
In the same year began his system of " hotel-coupons," providing 
accommodation at a fixed charge. The year 1869 was marked 
by an extension of Cook's tours to Palestine, followed by further 
developments of travel in the East, bis son, John Mason Cook, 
(1834-1890), being appointed in 1870 agent of the khedivial 
government for passenger traffic on the Nile. The Franco- 
German War of 1870-187 1 was expected to damage the tourist 
system, but, as a matter of fact, encouraged it, through the de- 
mand for combination, international tickets enabling travellers 
to reach the south of Europe without crossing the belligerent 
countries. At the termination of the war a party of American 
freemasons visited Paris under J. M. Cook's guidance, and became 
the precursors of the present vast American tourist traffic At 
the beginning of 1872 J. M. Cook entered into formal partnership 
with his father, and the firm first took the name of Thomas 
Cook & Son. In 1882, on the outbreak of Arabi Pasha's rebellion, 
Thomas Cook 8c Son were commissioned to convey Sir Garnet 
Wolseley and his suite to Egypt, and to transport the wounded 
and sick up the Nile by water, for which they received the thanks 
of the war office. The firm was again employed in 1 884 to convey 
General Gordon to the Sudan, and the whole of the men (18,000) 
and stores necessary for the expedition afterwards sent to relieve 
him. In 1889 Thomas Cook & Son acquired the exclusive right 
of carrying the mails, specie, soldiers and officials of the Egyptian 
government along the Nile. In 1891 the firm celebrated its 
jubilee, and on the 19th of July of the following year Thomas 
Cook died. He had been afflicted with blindness in his declining 
years. His son, J. M. Cook, died in 1899, leaving three sons, all 
actively engaged in the business. 

COOK or Hervey ISLANDS, an archipelago in the Pacific 
Ocean, lying mainly between 155° and 160 E., and about 20 S.; 
a dependency of the British colony of New Zealand. It com- 
prises nine partly volcanic, partly coralline, islands, the more 
important of which are Rarotonga, hilly, fertile and well watered, 
with several cones 300 to 400 ft high, above which towers the 
majestic Rarotonga volcano (2920 ft), the culminating point 
of the archipelago; Mangaia (Mangia); Aitutaki, with luxuriant 
cocoa-nut palm groves; Atui (Vatui); Mitiero; Mauki; 
Fenuaiti; and the two Hervey Islets, which give an alternative 
name to the group. The total land area is ixz sq. m. Owing 
to its healthy, equable climate, the archipelago is well suited 
for European settlement; but the dangerous fringing coral 
reefs render it difficult of access, and it suffers also from the 
absence of good harbours. The natives, who are of Polynesian 
stock and speech, have legends of their emigration from Samoa. 
They say their ancestors found black people on the islands, and 
the strongly Mclanesian type which is found, especially on 
Mangaia, supports the statement. The Cook Islanders were 
formerly man-hunters and cannibals, but they now are nearly 
all Protestants, wear European dress and live in stone houses. 
The total population is about 6300. Since 1890 the islands have 
enjoyed a general legislature and an executive council of which 
the Arikis (" kings " and " queens ") are members. But all 
enactments are subject to the approval of the British resident 
at Rarotonga, and a British protectorate, proclaimed in 1888, 
was followed by the annexation of the whole archipelago by the 
governor of New Zealand, by proclamation of June xoth, 1001. 
The archipelago was discovered by Captain Cook b 1777, and 



73 

in 1803 became the scene of the remarkable missionary labours 
of John Williams, of the London Missionary Society. The 
chief products of the group are cocoanuts, fruits, coffee and 
copra. Lime-juice and hats are made. 

COOKE, GEORGE FREDERICK (1756-18x1), English actor, 
was born in London, and made his first appearance on the stage 
in Brentford at the age of twenty as Dumont in Jqiu Short. 
His first London appearance was at the Hay market in 1778, but 
it was not until 1794. in Dublin, as Othello, that he attained 
high rank in his profession. In 1 801 he appeared in London as 
Richard ILL, lago, Shylock and Sir Giles Overreach, and became 
the rival of Kemble, with whom, however, and with Mrs Siddons, 
he acted from 1803. His'intemperate habits unfortunately grew 
more and more notorious, and on at least one occasion the curtain 
had to be rung down owing to the audience hissing his drunken 
condition. He visited the United States in 1810, and died in 
New York on the 26th of September 181 1. A monument to his 
memory was erected in St Paul's churchyard there by Edmund 
Kean. 

COOKE, JAY (1821-1905), American financier, was born at 
Sandusky, Ohio, on the xoth of August x8ax, the son of Eleu- 
theros Cooke (1787-1864), a pioneer Ohio lawyer, and Whig 
member of Congress from that state in 1831-1833. Being 
destined for a commercial career, Jay Cooke received a pre- 
liminary training in a trading house in St Louis, and in the 
booking office of a transportation company in Philadelphia, and 
at the age of eighteen entered the Philadelphia house of E.W. 
Clark & Company, one of the largest private banking firms in 
the country. He showed such aptitude for business that three 
years later he was admitted to membership in the firm, and 
before he was thirty he was also a partner in the New York and 
St Louis branches of the Claras. In 1858 he retired from the 
firm, and for the next three years be devoted himself to reorganis- 
ing some of the abandoned Pennsylvania railways and canals and 
placing them again in operation. On the xst of January 1861 he 
opened in Philadelphia the private banking house of Jay Cooke 
& Company, and soon achieved signal success in floating at par 
a war loan of $3,000,000 for the state of Pennsylvania, whose 
credit had become notoriously bad. In the early months of the 
Civil War Cooke co-operated with the secretary of the treasury, 
Salmon P. Chase, in securing loans from the leading bankers in 
the Northern cities, and his own firm was so successful in dis- 
tributing treasury notes that Chase engaged him as special agent 
for the sale of the $500,000,000 of so-called " five-twenty " 
bonds authorized by the act of the 25th of February 1862. To 
dispose of these bonds the treasury department had already tried 
every regular means at its command and had failed. Cooke 
secured the influence of the American press, appointed 2500 
sub-agents, and before the machinery he set in motion could be 
stopped he had sold $11,000,000 more of bonds than had been 
authorized, an excess which Congress immediately sanctioned. 
At the same time he used all his influence in favour of the estab- 
lishment of national banks, and organized a national bank at 
Washington and another at Philadelphia almost as soon as such 
institutions were authorized by Congress. In the early months of 
1865, when the needs of the government were pressing, and the 
sale of the new " seven-thirty " notes by the national banks had 
been very disappointing, Cooke's services were again secured. 
He sent agents into the remotest villages and hamlets, and even 
into the isolated mining camps of the West, and caused the rural 
newspapers to praise the loan. As a result, between February and 
July 1865 he had disposed of three series of the notes, reaching a 
total of $830,000*000. Through these efforts the Union soldiers 
were well supplied and well paid while dealing the final blows of 
the war; and, later, with money in their pockets, they were 
disbanded without difficulty. 

After the war Cooke became interested in the development of 
the North-west, and in 1870 his firm undertook to finance the 
construction of the Northern Pacific railway. In advancing the 
money for the work, the firm over-estimated the possibilities of 
its capital, and at the approach of the financial crisis of 1873 it 
was forced to suspend. By 1880 Cooke had discharged all his 



74 



COOKE, ROSE TERRY— COOKERY 



obligations, and through an investment in a silver mine in Utah 
had again become wealthy. He died at Ogonts, Pennsylvania, 
on the x8th of February 1905. Cooke was noted for his piety, 
and gave regularly a tenth of his income for religious and charit* 
able purposes. His handsome estate at Ogontz, which he had 
been compelled to give up during his bankruptcy, he later 
repurchased and converted into a school for girls. 

See E. P. Oberholtzcr, Jay Cooke, Financier 'of the CitU War 
(Philadelphia, 1007). 

COOKE, HOSE TERRY (1827-1892), American writer, nie 
Terry, was born at West Hartford, Connecticut, on the 17th of 
February 1827. She published in i860 a volume of Poems, but 
after her marriage in 1873 to Rollin Hi Cooke she was best known 
for her fresh and humorous stories, though in 1888 she published 
more verse in her Complete Poems. The chief volumes of fiction 
dealing mainly with New England country life, produced by 
Rose Terry Cooke, were Happy Dodd (1878), Somebody's 
Neighbors (i88z), Root-bound (1885), The Sphinx's Children 
(1886), Steadfast (1889) and Huckleberries (1891). She died at 
Pittsfield, Massachusetts, on the x8th of July 1892. 

COOKERY (Lat. coquus, a cook), the art of preparing and 
dressing food of all sorts for human consumption, of converting 
the raw materials, by the application of heat or otherwise, into 
a digestible and pleasing condition, and generally ministering to 
the satisfaction of the appetite and the delight of the palate. 
We may take it that some form of cookery has existed from the 
earliest times, and its progress has been from the simple to the 
elaborate, dominated partly by the foods accessible to man, partly 
by the stage of civilization he has attained, and partly by the 
appliances at his command for the purpose either of treating the 
food, or of consuming it when served. 

The developed art of cookery is necessarily a late addition— if 
it may be considered to be included at all— to the list of " fine 
arts." Originally it is a purely industrial and useful art. Man, 
says a French writer, was born a roaster, and " pour ttre cuisinier, 
U a besoin de U devenir." The ancients were great eaters, but 
strangers to the subtler refinements of the palate. The gods 
were supposed to love the smell of fried meat, while their nectar 
and ambrosia represented an ideal, which, though preserved as a 
phrase, would hardly satisfy a modern epicure. The ancients 
were poorly provided with pots and pans, except of a simple 
order, or with the appurtenances of a kitchen, and they were 
sadly to seek in the requisites of a modern table. So long as 
men ate with their hands no dainty confection was suitable; the 
viands were set forth in a straightforward style fit for their 
requirements. " Plain cooking," which, after all, can never 
become obsolete, was the only sort. Oddities, no doubt, were 
the luxuries; and we can see to-day in the ethnological accounts 
of contemporary savages and backward civilizations, a fair 
representation of the cookeries of the ancients. The luxuries 
of the Chinese are, in their way, a survival of long ages of a 
cookery which to western civilization is grotesque. Even if it is 
an historic impertinence, it is impossible for the countries of 
western civilization to regard the fine flower of their own evolu- 
tion as other than the highest pitch of progress. Aulres temps, 
autres marurs. To the Chinaman French cooking may possibly 
be as grotesque as to an Englishman the Chinaman's hundred- 
year-old buried egg, black and tasteless* The history of com- 
parative cookery is bound up with the physical possibilities of 
each country and its products; and if we attempt to mark out 
stages in the evolution of cookery as a fine art, it is necessarily as 
understood by the so-called civilized peoples of the West in their 
culmination at the present day. 

It is obvious that opportunity has dominated its history, for 
the art of cookery is to some extent the product of an increased 
refinement of taste, consequent on culture and increase of wealth, 
To this extent it is a decadent art, ministering to the luxury 
of man, and to his progressive inclination to be pampered and 
have his appetite tickled. It is thus only remotely connected 
with the mere necessities of nutrition (<?.».), or the science of 
dietetics (q.v.). Merc hunger, though the best sauce, will not 
produce cookery, which is the art of sauces. For centuries its ' 



elaboration consisted mainly of a pi o gi eas fvc variety of foods, 
the richest and rarest being sought out; and their nature 
depended on what was most difficult to obtain. The Greeks 
learnt by contact with Asia to increase the sumptuous character 
of their banquets, but we know little enough of their ideas of 
gastronomy. Athens was the centre of luxury. According to 
our chief authority Athenaeus, Archestratus of Gela, the friend 
of the son'of Pericles, the guide of Epicurus, and author of the 
Heduphagetka, was a great traveller, and took pains to get 
information as to how the delicacies of the table were prepared 
in different parts. His lost work was versified by Eimius. Other 
connoisseurs seem to have been Numeniusof Heraclea, Hegemon 
of Thasos, Philogcnes of Leucas, Simonaclides of Chios, and 
Tyndaridcs of Sicyon. The Romans, emerging from their 
pristine simplicity, borrowed from the Greeks their achievements 
in gastronomic pleasure. We read of this or that Roman gourmet, 
such as Lucullus, his extravagances and his luxury. The name 
of the connoisseur Apicius, after whom a work of the time of 
Heliogabalus is called, comes down to us in association with a 
manual of cookery. And from Macrobius and Petronius we can 
gather very interesting glimpses of the Roman idea of a menu. 
In the later empire, tradition still centred round the Roman 
cookery favoured by the geographical position of Italy; while 
the customs and natural products of the remoter parts of Europe 
gradually begin to assert themselves as the middle ages progress. 

It is, however, not till the Renaissance, and then too with 
Italy as the starting-pomt, that the history of modern, cookery 
really begins. Meanwhile cookery may be studied rather in 
the architecture of kitchens, and the development of their 
appurtenances and personnel, than in any increase in the 
subtleties of the art; the ideal was inevitably gross; the end 
was feeding — inextricably associated in all ages with cooking, 
but as distinct from lis Jim flew as gluttony from gastronomy. 

Montaigne's references to the revival of cookery in France 
by Catherine de' Medici indicate that the new attention paid 
to the art was really novel. She brought Italian cooks to Paris 
and Introduced there a cultured simplicity which was unknown 
in France before. It is to the Italians apparently that later 
developments are originally due. It is clearly established, for 
instance (says Abraham Hayward in his Art of Dining), that the 
Italians introduced ices into France. Fricandeaus were invented 
by the chef of Leo -X. And Coryate in his Crudities, writing in 
the time of James L, says that he was called " f urcifer " (evidently 
in contemptuous jest) by his friends, from his using those 
" Italian neatnesses called forks." The use of the fork and 
spoon marked an epoch in the progress of dining, and con- 
sequently of cookery. 

Under Louis XIV. further advances were made. His mattre 
aV hotel, Bechamel, is famous for his sauce; and Vatel, the great 
Conde's cook, was a celebrated artist, of whose suicide in despair 
at the tardy arrival of the fish which he had ordered, Madame 
de Se*vign6 relates a moving story. The prince de Soubise, 
immortalized by his onion sauce, also had a famous chef. 

In England the names of certain cookery-books may be noted, 
such as Sir J. Elliott's (1539), Abraham Veale's (1575), and the 
Widdowe's Treasure (162$). The Accomplish! Cook, by Robert 
May, appeared in 1665, and from its preface we learn that the 
author (who speaks* disparagingly of French cookery, but more 
gratefully of Italian and Spanish) was the son of a cook, and had 
studied abroad and under his father (c. 1610) at Lady Dormer's, 
and he speaks of that time as " the days wherein were produced 
the triumphs and trophies of cookery." From his description 
they consisted of most fantastic and elaborately built up dishes, 
intended to amuse and startle, no less than to satisfy the appetite 
and palate. 

Louis XV. was a great gourmet; and his reign saw many 
developments in the culinary art. The mayonnaise (originally 
mahonnaise) is ascribed to the due de Richelieu. Such dishes 
as u potage a la Xavier" " caUles a la Mirepoix," " chartreuses 
d la Mouconseil," " poulets a la VUleroy," " potage 4 la Condi," 
" gigol d la Mailly" owe their titles to celebrities of the day, 
and the Pompadour gave her name to various others. The 



OOOKBRY 



75 



Jesuits Brunoy and Bougeant, who wrote a preface to a con- 
temporary treatise on cookery (1739), described the modern 
ait as " more simple, more appropriate, and more cunning, 
than that of old days/' giving the ingredients the same union 
as painters give to colours, and harmonizing all the tastes. 
The very phrase " cordon bleu " (strictly applied only to a woman 
cook) arose from an enthusiastic recognition of female merit 
by the king himself. .Madame du Barry* piqued at his opinion 
that only a man could cook to perfection, had a dinner prepared 
for him by a cuisiniere with such success that the delighted 
monarch demanded that the artist should be named, in order 
that so precious a cuirinur might be engaged for the royal 
household. "Alton* done, la Franc* I " retorted the ex-gritttte, 
** have 1 caught you at last ? it is no cuisinier at aO, but a 
cmsimOrc, and I demand a recompense for her worthy both of 
ber and of your majesty. Your royal bounty has made my 
negro, Zamore, governor of Ludennes, and I cannot accept 
leas than a cordon bleu" (the Royal Order of the Saint Esprit) 
" for my cuiskuere" 

The French Revolution was temporarily a blow to Parisian 
cookery, as to everything else of the ancien rtgime. " Not a 
single turbot in the market," was the lament of Grimod de la 
Reyniere, the great gourmet, and author of the Manuel da 
ampkitryens (1808). But while it fell heavily on the class of 
noble amphitiyons it had one remarkable effect on the art 
which was epoch-making. It is from that time that we notice 
the riae of the Parisian restaurants, To 1770 fa ascribed the first 
of these, the Champ d'oiseau in the rue des Pouliea. In 1789 
there were a hundred. In 1804 (when the Almanack des gour- 
mands, the first sustained effort at investing gastronomy with 
the dignity of an art, was started) there were between 500 
and 600. And in 1814, to such an extent had the restaurants 
attracted the culinary talent of Paris, that the allied monarch*, 
on arriving there, had to contract with the two brothers Very 
for the supply of their table. Among the great gastronomic 
names of Napoleon's day was that of his chancellor Cambaceres, 
of whose dinners many stories are told. Robert (the eponym 
of the sauce Robert), Rechaud and Merillion were at this period 
esteemed the Raphael, Michelangelo and Rubens of cookery; 
while A. Beauvilliers (author of Art des cuisines) and Careme 
(author of the Matt re d'Mlel franqait, and chef at different 
times to the Tsar Alexander I., Talleyrand, George IV. and 
Baron Rothschild) were no less celebrated. 1 Perhaps the greatest 
name of all in the history of the literature of cookery is that of 
Antbekne Brillat-Savarin (1755-1826), the French judge and 
author of the Pkysiologiedu gout(i&zs) t the classic of gastronomy. 

In England Louis Eustache Ude, Charles Elme Francatelli, 
and Alexis Soycr carried on the tradition, all being not only cooks 
bat authors of treatises on the arU The Original (1835) of 
Thomas Walker, the Lambeth police magistrate, is another work 
which has inspired later pens. Like the Physiologic du goto, it is 
so mere cookery-book, but a compound of observation and 
philosophy. Among, simple hand-books, Mrs Glasses, Dr 
Kitchener's and Mrs Rundell's were standard English works in 
the 18th and early 19th centuries; and in France the Cuisinitre 
de la campagne (18x8) went through edition after edition. An 
interesting old English work is Dr Pegge's Forme of Cury (1780), 
which includes some historical reflections on the subject. " We 
have some good families in England," he says, " of the name of 
Cook or Coke. . . . Depend upon it, they all originally sprang 
from real professional cooks, and they need not be ashamed of 
their extraction any more than Porters, Butlers, &&" He poults 
oat that cooks in early days were of some importance; William 
the Conqueror bestowed land on his coquorum propositus and 
ccamus regius; and Domesday Book records the bestowal of a 
manor on Robert Argyllon, by the service of a dish called " de 
la Groute " on the king's coronation day. 

At the present time, whatever the local varieties of cooking, 
and the difference of national custom, French cooking is ad- 
mittedly the ideal of the culinary art, directly we leave the plain 

* See Lady a O. Morgan's France, 1839-1830, B. 414, for an 
account of a dinner by Careme 



roast and boiled. And the spread of cosmopolitan "hotels and 
restaurants over England, America and the European continent, 
has largely accustomed the whole dviUxed world to the Parisian 
type. The improvements in the appliances and appurtenances of 
the kitchen have made the whole world kin in the arts of dining, 
but the French chef remains the typical master of his craft. 
Schools of cookery have been added to the educational machine. 
The literature of the subject has passed beyond enumeration. 

It is unnecessary here to pursue so vast a practical subject into 
detail; but the following notes on broiling, roasting, baking, 
boiling, stewing and frying may be useful. 

Broiling .— The earliest method of cooking was probably burying 
seeds and flesh in hot ashes, a kind of broiling on all the surfaces at 
the same time, which when properly done is the moat delicate kind 
of cooking. Broiling is now done over a clear fire extending at least 
2 in. beyond the edges of the gridiron, which should slightly incline 
towards the cook. It is usual to rub the bars with a piece of suet 
for meat, and chalk for fish, to prevent the thing broiled from being 
marked with the bars of the gridiron. In this kind of cookery the 
object is to coagulate at quickly as possible all the albumen on the 
surface, and seal up the pores of the meat so ss to keep in all the 
juices and flavour. It is, therefore, necessary thoroughly to warm 
the gridiron before putting on the meat, or the heat of the fire is 
conducted sway while the juices and flavour of the meat run into 
the fire. Broiling is a simple kind of cookery, and one well suited 
to invalids and persons of delicate appetites. There is no other way 
in which small quantities of meat can be so well and so quickly 
cooked. Broiling cannot be well done in front of an open fire, because 
one side of the meat is exposed to a current of cold air. A pair of 
tongs should be used instead of a fork for turning all broiled meat 
ana fish. 

Roasting. — Two conditions are necessary for good roasting— a 
clear bright fire and frequent basting. Next to boiling or stewing 
it is the most economical method of cooking. The meat at first 
should be placed close to a brisk fire for five minutes to coagulate 
the albumen. It should then be drawn back a short distance and 
roasted slowly. If a meat screen be used, it should be placed before 
the fire to be moderately heated before the meat is put to roast. 
The centre of gravity of the fire should be a little above the centre 
of gravity of the joint. No kitchen can be complete without an 
open ranee, for it is almost impossible to have a properly roasted 
joint in closed kitcheners. The heat radiated from a good open fire 
quickly coagulates the albumen on the surface, and thus to a large 
extent prevents that which is fluid in the interior from solidifying. 
The connective tissue which unites the fibres is gradually converted 
into gelatin, and rendered easily soluble. The fibrin and albumen 
appear to undergo a higher oxidation and are more readily dissolved. 
The fat cells are gradually broken, and the liquid fat unites to a small 
extent with the chloride of sodium and the tribasic phosphate of 
sodium contained in the serum of the mood. It Is easily seen that 
roasting by coagulating the external albumen keeps together the 
most valuable parts of toe meat, till they have gradually and slowly 
undergone the desired change. This surface coagulation is not 
sufficient to prevent the free access of the oxygen of the surrounding 
air. The empyreumatic o3s generated on the surface arc neither 
wholesome nor agreeable, and these are perhaps better removed by 
roasting than any other method except broiling. The chief object 
is to retain as much as possible all the sapid juicy properties of the 
meat, so that at the first cut the gravy flows out of a rich reddish 
colour, and this can only be accomplished by a quick coagulation 
of the surface albumen. The time lor roasting varies slightly with 
the kind of meat and the size of the joint. As a rule beef and mutton 
require a quarter of an hour to the pound; veal and pork about 
17 minutes to the pound. To tell whether the joint is done, press 
the fleshy part with a spoon; if the meat yield easily it is done. 

Baking meat is in many respects objectionable, and should never 
be done if any other method is available. The gradual disuse of 
open grates for roasting has led to a practice of first baking and then 
browning before the fire. This method completely reverses the true 
order oTcookinr by beginning with the lowest temperature and 
finishing with the highest. Baked meat has never- the delicate 
flavour of roast meat, nor is it so digestible. The vapours given off 
by the charring of the surface cannot freely escape, and the meat 
is cooked in an atmosphere charged with empyreumatic oil. A 
brick or earthenware oven is preferable to iron, because the porous 
nature of the bricks absorbs a good deal of the vapour. When 
potatoes are baked with meat, they should always be first parboiled, 
because they take a longer time to bake, and the moisture rising from 
the potatoes retards the process of baking, and makes the meat 
sodden. A baked meat pie, though not always very digestible, is far 
lessobjectionable than plain baked meat. In the case of a meat pie 
the surfaces of the meat are protected by a bad conductor of heat 
from that charring of the surface which generates empyreumatic 
vapours, and the Tat and gravy t gradually rising in temperature, 
assist the cooking, and such coolcing more nearly resembles stewing 
than baking. The process may go on for a long time after the re- 
moval of the meat from the oven, if surrounded with flannel, or some 



7 6 



COOKSTOWN— COOLGARDIE 



bad conductor of heat. The Cornish patty b the best example of this 
kind of cooking. Meat, fish, game, parboiled vegetables, apples or 
anything that fancy suggests, are surrounded with a thick flour and 
water crust and slowly oaked. When removed from the oven, and 
packed in layers of flannel, the pasty will keep hot for hours. When 
baked dishes contain eggs, it should be remembered that the albumen 
becomes harder and more insoluble, according to the time occupied 
in cooking. About the same time is required for baking as roasting. 

Boiling b one of the easiest methods of cooking, but a sue* 
cessful result depends on a number of conditions which, though 
they appear trifling, are nevertheless necessary. The fire must be 
watched so as properly to regulate the heat. The saucepan should 
be scrupulously clean and have a closely-fitting lid, and be large 
enough to hold sufficient water to well cover and surround the meat, 
and all scum should be removed as it comes to the surface; the 
addition of small quantities of cold water will assist the rising of the 
scum. For all cooking purposes clean rain water is to be preferred. 
Among cooks a great difference of opinion exists as to whether meat 
should be put into cold water and gradually brought to the boiling 
point, or should be put into boiling water. This, like many other 
unsettled questions in cookery, is best decided by careful scientific 
experiment and observation. If a piece of meat be put into water 
at a temperature of 6o°, and gradually raised to aia°, the meat is 
undergoing a gradual loss of its soluble and nutritious properties, 
which are dissolved in the water. From the surface to the interior 
the albumen is partially dissolved out of the meat, the fibres become 
hard and stringy, and the thinner the piece of meat the greater the 
loss of all those sapid constituents which make boiled meat savoury, 
juicy and palatable. To put meat into cold water is clearly the best 
method for making soups and broth; it is the French method of 
preparing the pot au Jew, but the meat at the end of the operation 
has lost much of that juicy sapid property which makes boiled meat 
so acceptable- The practice of soaking fresh meat in cold water 
before cooking is for the same reasons highly objectionable; if 
necessary, wipe it with a clean doth. But in the case of salted, 
smoked and dried meats soaking for several hours is indispensable, 
and the water should be occasionally changed. The other method 
of boiling meat has the authority of Baron Licbig, who recommends 
putting the meat into water when in a state of ebullition, and after 
five minutes the saucepan is to be drawn aside, and the contents 
kept at a temperature of 162° (50° below boiling). The effect of 
boiling water is to coagulate the albumen on the surface of the meat, 
which prevents,but not enttrely,the juices from passingintothe water, 
and meat thus boiled has more flavour and has lost much less in 
weight. To obtain well-flavoured boiled meat the idea of soups or 
broth must be a secondary consideration. It is, however, impossible 
to cook a piece of meat in water without extracting some of its juices 
and nutriment, and the liquor should in both cases be made into a 
soup. 

•Stewifffv— When meat is slowly cooked in a close vessel it is said 
to be stewed; this method is generally adopted in the preparation 
of made dishes. Different kinds of meat may be used, or only one 
kind according to taste. The better the meat the better the stew; 
but by carefully stewing the coarsest and roughest parts will become 
soft, tender and digestible, which would not be possible by any other 
kind of cooking. Odd pieces of meat and trimmings and bones can 
often be purchased cheaply, and may be turned into good food by 
stewing. Bones, although containing little meat, contain from 
39 to 49 % of gelatin. The large bones should be broken into small 
pieces, and allowed to simmer till every piece is white and dry. 
Gelatin is largely used both in the form of jellies and soups. Lean 
meat, free from blood, is best for stewing, and, when cut into con- 
venient pieces, it should be slightly browned in a little butter or 
dripping. Constant attention is necessary during this process, to 
prevent burning. The meat should be covered with soft water or, 
better, a little stock, and set aside to simmer for four or five hours, 
according to the nature of the material. When vegetables are used, 
these should also be slightly browned and added at intervals, so as 
not materially to lower the temperature. Stews may be thickened 
by the addition of pearl barley, sago, rice, potatoes, oatmeal, flour, 
&c, and flavoured with herbs and condiments according to taste. 
Although stewing is usually done in a stewpan or saucepan with a 
close-fitting cover, a good stone jar, with a well-fitting lid, is prefer- 
able in the homes of working people. This is better than a metal 
saucepan, and can be more easily kept clean; it retains the heat 
longer, and can be placed in the oven or covered with hot ashes. 
The common red jar is not suitable; it does not stand the heat so 
well as a grey jar; and the red glase inside often gives way in the 
presence of salt. The lid of a vessel used for stewing should be re- 
moved as little as possible. An occasional shake will prevent the 
meat from sticking. At the end of the operation all the fat should be 
carefully removed. 



^ Frying. — Lard, oil, butter, or dripping may be used for frying, 
'here are two methods of frying — the dry method, as in frying a 
pancake, and the wet method, as when the thing fried is immersed 



in a bath of hot fat. In the farmer case a frying~pan is used, in the 
other a frying kettle or stewpan. It is usual for most things to have 
a wire frying basket; the things to be fried are placed in the basket 
and immersed at the proper temperature in the hot fat. The fat 
should gradually rise in temperature over a slow fire till it attains 



nearly 400* Fahr. Great care is required to fry property. If the tem- 
perature is too tow the things immersed in the fat are not fried, 
but soddened ; if, on the other hand, the temperature is too high, 
they are charred. The temperature of the fat varies slightly with 
the nature of things to be fried. Fish, cutlets, croquets, rissoles and 
fritters are well fried at a temperature of 380* Fahr. Potatoes, chops 
and white bait are better fried at a temperature of 400° Fahr. Care 
must be taken not to lower the temperature too much by introducing 
too many things. The most successful frying » when the fat rises 
two or tnree degrees during the frying. • Fried things should be of a 
golden brown colour, crisp and free from fat. When fat or oil haa 
been used for fish it must be kept for fish. It is customary first to 
use fat for croquetf, rissoles, fritters and other delicate things, and 
then to take it for fish. Everything fried in fat should be placed 
on bibulous paper to absorb any Cat on the surfaces. 

COOKSTOWN, a market town of Co. Tyrone, Ireland, In the 
east parliamentary division, 54 m. W. by N. of Belfast, on 
branches of the Great Northern and the Northern Counties 
(Midland) railways. Pop. of urban district (1901) 3531. It 
consists principally of a tingle street of great length; and lies in 
a pleasant, well-wooded district, near the BaUinderry river. 
It has important manufactures of linen, and some agricultural 
trade. It was founded in 1609, the landlord, Allan Cook, giving 
name to it. The .mansion of Killymoon Castle, in the vicinity, 
is a notable example of the work of a celebrated architect, John 
Nash (c. 1800). 

00OKTOWN, a seaport of Banks county, Queensland, 
Australia, at the mouth of the Endeavour river, about 1050 m. 
direct N.N.W. of Brisbane. It is visited by the ocean steamers 
of several lines, and is the centre of a very extensive Ucke-de-mer 
and pearl fishery. Tin and gold are worked in the district, in 
which also good coffee and rice are grown. Cooktown is the port 
of the Palmer gold-fields, and a railway runs to Laura on the 
gold-fields, 67 m. W. by S. of Cooktown. It is the chief 
port of Queensland for the New Guinea trade; and is also 
the scat of a Roman Catholic vicariate apostolic whose bishop 
has jurisdiction over the whole of Queensland north of lat. 
1 8° 50'. In 1770 Captain Cook here beached his ship the 
" Endeavour," to repair the damage caused by her striking a 
reef in the neighbourhood of the estuary, which he could only 
dear by throwing his guns overboard. Cooktown became a 
municipality in 1876. The population of the town and district 
in 1001 was 1936. 

COOKWORTHY, WILLIAM (1705-1780), English potter, 
famous for his discovery of the existence of china-clay and china- 
stone in Cornwall, and as the first manufacturer of a porcelain 
similar in nature to the Chinese, from English materials, was 
born at Kingsbridge, Devon, of Quaker parents who were in 
humble circumstances. At the age of fourteen he was appren- 
ticed to a London apothecary named Bevans, and he afterwards 
returned to the neighbourhood of his birthplace, and carried 
on business at Plymouth with the co-operation of his master, 
under the title of Bevans & Cookworthy. The manufacture of 
porcelain was at the time attracting great attention in England, 
and while the factories at Bow, Chelsea, Worcester and Derby 
were introducing the artificial glassy porcelain, Cookworthy, 
following the accounts of Pere d'Entrecollcs, spent many years 
in searching for English materials similar to those used by the 
Chinese. From 1745 onwards he seems to have travelled over 
the greater portion of Cornwall and Devon in search of these 
minerals, and he finally located them in the parish of St Stephens 
near to St Austell. With a certain amount of financial assistance 
from Mr Thomas Pitt of Boconnoc (afterwards Lord Camelford) 
he established the Plymouth China Factory at least as early as 
1768. The factory was removed to Bristol about 1770, and the 
business was afterwards sold to Richard Champion and others 
and became the well-known Bristol Porcelain Manufactory. 
Apart from its historic interest there is little to be said for the 
Plymouth porcelain. Technically it was often imperfect, and 
its artistic treatment was never of a high order. But Cookworthy 
deserves to be remembered for his discovery of those abundant 
supplies of English clay and rocks which form the foundation 
of English porcelain and fine earthenware (see Ceramics). 

COOLGARDIE. a municipal town in Western Australia, 
310 m. by rail E, by N. of Perth, and 528 m. by rail N.E. of 



COOLIE 



77 



Albany. Pop. (tool) 4240. Its gold-fields were discovered in 
xSox and are among the richest in the colony. Lignite, copper, 
graphite and silver are also found. Toorak and Montana are 
small residential suburbs. A remarkable engineering work by 
which a fall supply of water was brought to the town from 
Fremantle (a distance exceeding 330 m. direct) was completed 
in iqoj. 

COOLR, or Cooly (from Koli or Kuli, an aboriginal race of 
w es t ern India; or perhaps from Tamil kiUi, hire, i.e. one hired), 
a term geaerally applied to Asiatic labourers belonging to 
the unskilled class as opposed to the artisan, and employed in a 
special sense to designate those natives of India and China who 
leave their country under contracts of service to work as labourers 
abroad. After the abolition of slavery much difficulty was 
found in obtaining cheap labour for tropical plantations. The 
emancipated black was unwilling to engage in field labour, 
while tike white man was physically incapable of so doing. 
Recourse was had to the overpeopled empires of China and 
India, as the most likely sources from which to obtain that 
supply of workers upon which the very existence of some colonies, 
notably in the West Indies, depended. 

The first public recognition of the coolie traffic was in 1844, 
when the British colony of Guiana made provision for the 
encouragement of Chinese immigration. About the 
same time both Peru and Cuba began to look to China 
as likely to furnish an efficient substitute for the 
bondsman. Agents armed with consular commissions 
from Peru appeared in Chinese ports, where they collected and 
teat away shiploads of coolies. Each one was bound to serve 
the Peruvian planter to whom he might be assigned for seven 
or eight years, at fixed wages, generally about 17s. a month, 
food, clothes and lodging being provided. From 1847 to 1854 
coolie emigration went on briskly without attracting much 
notice, hut it gradually came to light that circumstances of great 
cruelty attended the trade. The transport ships were badly 
equipped and overcrowded, and many coolies died before the 
end of the voyage. On arrival in Cuba or Peru the survivors were 
sold by auction in the open market to the highest bidders, who 
held them virtually as slaves for seven years instead of for life. 
Particularly terrible was the lot of those who, contrary to their 
agreements, had been sent to labour in the foul guano pits of 
the Chincha islands, where they were forced to toil in gangs, 
each under the charge of an overseer armed with a cowhide lash. 
In i860 it was calculated that of the four thousand coolies who 
had been fraudulently consigned to the guano pits of Peru not 
one had survived. The greater number of them had committed 
suicide. In 1854 the British governor of Hong-Kong issued a 
proclamation forbidding British subjects or vessels to engage, 
in the transport of coolies to the Chinchas. Technically this was 
ultra vires on his part, but his policy was confirmed by the Chinese 
Passengers' Act 1855, which put an end to the more abominable 
phase of the traffic. After that no British ship was allowed to 
sail on more than a week's voyage with more than twenty coolies 
on board, unless her master had complied with certain very 
stringent regulations. 

The consequence of this was that the business of shipping 
coolies for Peru was transferred to the Portuguese settlement 
of Macao. There the Peruvian and Cuban " labour-agents " 
established depdts, which they unblushingly called "barracoons," 
the very term used in the West African slave trade. In these 
places coolies were " received," or in plain words, imprisoned 
and kept under dose guard until a sufficient number were 
collected for export. Some of these were decoyed by fraudulent 
promises of profitable employment. Others were kidnapped 
by piratical junks hired to scour the neighbouring coasts. Many 
were bought from leaders of turbulent native factions, only too 
glad to sell the prisoners they captured whilst waging their 
internecine wars. The procurador or registrar-general of Macao 
went through the form of certifying the contracts; but his 
inspection was practically useless. After the war of 2856-1857 
this masked slave trade pushed its agencies into Whampoa 
and Canton.. In April 1859, however, the whole mercantile 



community of the latter port rose up in indignation against it, 
and transmitted such strong representations to the British 
embassy in China, that steps were taken to mitigate the evil 
New regulations were from time to time passed by the Portuguese 
authorities for the purpose of minimizing the horrors of the 
Macao trade. They seem, however, to have been systematically 
evaded, and to have been practically inoperative. At Canton and 
Hong-Kong the coolie trade was put under various regulations, 
which in the latter port worked well only when the profits of 
" head-money "were ruined. In March i860 the representatives 
of the governments of France, England and China drew up a 
convention for the regulation of the Canton trade, which had 
an unfortunate effect. It left head-money, the source of most 
of the abuses, comparatively untouched. It enacted that 
every coolie must at the end of a five years' engagement have 
his return passage-money paid to him. The West Indian colonies 
at once objected to this. They wan ted permanent not temporary 
settlers*. They could not afford to burden the coolie's expensive 
contract with return passage-money, so they declined to accept 
emigrants on these terms. Thus a legalized coolie trade between 
the West Indies and China was extinguished. Thereafter the 
coolie supply for British colonies was drawn exclusively from 
India, until 1004, when an exception was made in the case of 
the Transvaal. Under a convention drawn up in that year 
between the United Kingdom and China over fifty thousand 
indentured Chinese labourers were engaged on three years* 
contracts to work in the Witwatcrsrand gold mines (see 
Transvaal). To the Malay states and other parts of eastern 
Asia there is an extensive yearly migration of Chinese coolies. 
This migration, however, a not under contract. From Amoy 
alone some seventy-five thousand coolies yearly migrate to 
Singapore and the Straits Settlements, whence they are drafted 
for labour purposes in every direction. 

It is scarcely possible to say when the Indian coolie trade began. 
Before the end of the iSth century Tamil labourers from southern 
India were wont to emigrate to the Straits Settlements, 
and they also flocked to Tenasserim from the other -rt Cfrrr 
side of the Bay of Bengal after the conquest had 
produced a demand for labour. The first regularly recorded 
attempt at organizing coolie emigration from India took place 
in 1834, when forty coolies were exported to Mauritius; but it 
was not until 1836 that the Indian government decided to put 
the trade under official regulations. In 1837 an emigration law 
was passed for all the territories of the East India Company, 
providing that a permit must be obtained from government 
for every shipment of coolies, that all contracts should terminate 
in five years, that a return passage should be guaranteed, that 
the terms of his contract should be carefully explained to each 
coolie, and that the emigrant ship should only carry one coolie 
for every ton and a half of burden. Then as now the Indian 
government watched the deportation of labour from their 
dominions with jealous and anxious care, and when in 1838 it 
was found that upwards of twenty-five thousand natives had, 
up to that year, gone from all parts of India to Mauritius, the 
government became somewhat alarmed at the dimensions 
which the traffic was assuming. Brougham and the anti-slavery 
party denounced the trade -as a revival of slavery, and the 
Bengal government suspended ft in order to investigate its 
alleged abuses. The nature of these may be guessed when it is 
said that the inquiry condemned the fraudulent methods of 
recruiting then in vogue, and the brutal treatment which coolies 
often received from ship captains and masters. In 1842 steps 
were taken formally to reopen the coolie trade with Mauritius, 
and in 1S44 emigration to the West Indies was sanctioned by 
the Indian government. In 1847 Ceylon was separated from 
India, and her labour supply was cut off; but this accident was 
soon remedied, the Ceylon government adopting protective 
regulations for the. coolies. 

Emigration of coolies under contract to labour outside India 
is now regulated by the Emigration Act of 1883 and the rules 
issued under its provisions, the only exceptions being in re- 
spect of emigrants to Ceylon and the Straits Settlements and 



78 



COOMA— COOPER, A. 



adjoining states, or those engaged by the British government 
for employment in east and central Africa. By section 8 of this 
act natives of India are permitted to emigrate under 
labour contracts only to such countries as have 
satisfied the government of India that sufficient pro- 
vision is made for the protection of the emigrants. A 
country which is duly empowered under the act to receive 
emigrants may appoint an agent, residing in India, who is 
responsible for the due observance of the provisions of the law. 
These agents are under the general supervision of the protector 
of emigrants. As emigrants have to be recruited at great 
distances from the port of embarkation, recruiters are appointed 
by the agents and licensed by the protector. The- conduct of 
these subordinates is minutely regulated. Every precaution 
is taken to let the emigrant know the exact terms on which 
he is hired, and to ensure good treatment in the interval between 
registration and embarkation. Coolies are shipped fpr the 
most part from Calcutta and Madras, but of recent years large 
numbers bound for Mombasa and the Seychelles left from 
Bombay and Karachi Both the coolies) themselves and the 
depot are medically inspected. Only those physically fit are 
allowed to embark. The vessels for their conveyance are 
licensed and inspected by the local government. The terms 
on which emigrants are recruited are settled beforehand by 
convention with the colonies concerned, and are embodied in 
ordinances passed by the local legislatures. They vary in detail, 
but their main provisions relate to the rights and obligations 
of the emigrants, including the grant of a return passage on the 
expiry of a specified period, usually ten years. The British 
colonies to which coolies were exported in the decade 1891-xooi 
were British Guiana, Trinidad, St Lucia, Jamaica, Mauritius, 
the Seychelles Islands, Fiji, East Africa and Natal; the only 
non-British country Was Dutch Guiana. Emigration to the 
French colonies, including Reunion has been forbidden by the 
government of India since 1886, but there still remain in those 
colonies some of the former emigrants, and the questions of their 
treatment and repatriation have frequently formed the subject 
of representations to the French authorities. 

The number of Indian coolies resident in the various British 
colonies in 1900 was 625,000, of which the largest numbers were 
265,000 in Mauritius and 125,000 in British Guiana. 
There were still 13,800 in Reunion. The regulations 
governing coolie labour in British Guiana may be taken 
as typical for the British colonies generally. They are 
contained in the Labour Ordinance of 1873, which was amended 
by the ordinances of 1875, 1876, 1886 and 1887. Under these 
ordinances an immigration agent-general is appointed, to whom 
medical officers and recruiting agents are responsible, and the 
emigrants are allotted by him to the separate estates. They 
regulate the hours of work, the rate of wages, and the general 
treatment of the coolies, the nature of house and hospital 
accommodation, the terms of re-enlistment and the conditions of 
marriage amongst the coolies themselves. The coolies returning 
from the British colonies to India in 1901 possessed average 
savings of £19. 

During the construction of the Uganda railway large numbers 
of coolies were recruited in the Punjab and exported from 
Karachi to Mombasa. During the decade 189 1-1 901 
the number of these emigrants was 33,000; but on the 
_^ completion of the line the emigration practically 
AmBa * stopped, while in 1001-1902 there were over 6000 
emigrants who returned to India. Some, however, settled 
in East Africa. Coolies are also exported for government em- 
ployment in Nyasaland. In Natal the Indian population had 
by 1904 reached over 100,000 and slightly outnumbered the 
whites. Many of the coolies had become permanent residents in 
the colony (see Natal). 

According to the census of 1901 there were 775,844 foreigners 
in Assam, of whom no fewer than 645,000 or 83% were brought 
into the province as garden coolies. The recruiting of these 
coolies is regulated by Act VI. of 1001, which provides that a 
labour agreement may be entered into for four years, and includes 



a penal clause, under which a coolie deserting or refusing to 1 
may be punished with imprisonment. The coolies can also give 
an agreement under Act XIII. of 1859, by which they, 
are only liable to civil action for breach of contract. 
The latter are called non-act coolies. This system of 
immigration has made tea-planting the most important 
industry in Assam, and has greatly increased the prosperity of 
the province. Migration to Ceylon and Burma takes place 
chiefly from the Madras ports, and is of a seasonal and temporary 
character. The tea estates and pearl fisheries of Ceylon, and the 
town work and harvesting in Burma attract large numbers of 
Tamil labourers. The respective numbers embarking in zoox 
were 1x7,000 for Ceylon, 84,000 for Burma and 27,000 for the 
Straits Settlements. In Ceylon there is no system of recruitment 
like that for the Assam tea-gardens. The coolies come in gangs, 
each under its own headman, with whom the planter deals 
exclusively, leaving him to make his own arrangements with the 
individual coolies. The coolies are mostly carried in small 
sailing vessels from the ports of Madura and Tanjore, and the 
number who permanently settle in Ceylon is not very great. 

See E. Jenkins, The Coolie; his Rights and Wrongs (1871); 

— ' - - > a f coolies (187a); and C B. Giose. The 



no 

Brttkh 



J. L. A. Hope, In Quei,. VJ VVMW %•»/«/, mm* v **. viw, *, 
Labour Ordinances (Georgetown, 1890). (C L.) 

COOMA, a town of Bcresford county, New South Wales, 
Australia, 264 m. by rail S.S.W. of Sydney. Pop. (1001) 1938. 
The town is the centre of a pastoral district and has a large trade 
in furs, while at Bushy Hill, a mile from the town, is a small 
gold-field. Cooma, which is pleasantly situated at an elevation 
of 2657 ft., is the tourist centre for visitors to the Yarrangobtlrjr 
Caves and Mount Kosciusko and its observatory. The caves are 
distant 65 m. from the town, situated in the side of a hill, over* 
looking the Yarrangobilly river; they are seven in number and of 
remarkable beauty and extent. 

COOPER, ABRAHAM (1787-1868), English animal and battle 
painter, the son of a tobacconist, was born in London. At the 
age of thirteen he became an employe at Astley's amphitheatre, 
and was afterwards groom in the service of Sir Henry Meux. 
When he was twenty-two, wishing to possess a portrait of a 
favourite horse under his care, he bought a manual of painting, 
learned something of the use of oil-colours, and painted the 
picture on a canvas hung against the stable wall. His master 
bought it and encouraged him to continue in his efforts. He 
accordingly began to copy prints of horses, and was introduced 
to Benjamin Marshall, the animal painter, who took him 
into bis studio, and seems to have introduced him to the 
Sporting Magazine, an illustrated periodical to which he was him- 
self a contributor. In 18 14 he exhibited his " Tarn D'Shanter,** 
and in 1816 he won a prize of £100 for his " Battle of Ligny.* 
In 1817 he exhibited his " Battle of Marston Moor" and was 
made associate of the Academy, and in 2820 he was elected 
Academician. Cooper, although ill educated, was a clever and 
conscientious artist; his colouring was somewhat flat and dead, 
but he was a master of equine portraiture and anatomy, and had 
some antiquarian knowledge. He had a special fondness for 
Cavalier and Roundhead pictures. 

COOPER, ALEXANDER (d. z66o), English miniature painter. 
His works are of great rarity, and the chief are a series represent- 
ing the king and queen of Bohemia and their children, in the 
possession of the German emperor; some very remarkable 
portraits belonging to the queen of Holland, and others in the 
possession of the king of Sweden and in various Swedish galleries. 
He was the brother of Samuel Cooper, but whether senior or 
junior to htm is not known, although, according to certain 
Swedish authorities, he is stated, upon very slight evidence, to 
have been born in 1605, four years before his more famous 
brother. He came to Sweden in 1646, and the Swedish docu- 
ments declare that he was a Jew, and that his full name was 
Abraham Alexander Cooper. He had previously been residing in 
Holland, but on reaching Sweden entered the service of Queen 
Christina, and continued to be her miniature painter until 1654, 
when she resigned the crown. Two years later, Cooper was in 
Denmark, carrying out some commissions for Christian IV., but 



COOPER, SIR ASTLEY— COOPER, J. FENIMORE 



m 1657 irai back again in Stockholm, where he died in the early 
part of 1660. The date of his birth is not known, but he is 
believed to have been bom in London. 

For full information regarding Ms career, and for various docu- 
ments bearing his signature, see The History of Portrait Miniatures, 
by G. C. Williamson, chap. vi. page 78, and an article in the JWnt- 
teenlh Century for October 1905. (G. C. W.) 

COOPER, SIR ASTLEY PASTOK (1768-1841), English surgeon, 
was bora at the village of Brooke in Norfolk on the 23rd of 
August x 768. His father, Br Samuel Cooper, was a clergyman of 
the Church of England; his mother was the author of several 
north. At the age of sixteen he was sent to London and placed 
under Henry Cline (1750-1827), surgeon to St Thomas's hospital. 
From the first he devoted himself to the study Of anatomy, and 
had the privilege of attending the lectures of John Hunter. In 
1 789 he was appointed demonstrator of anatomy at St Thomas's 
hospital, where in 1791 he became joint lecturer with Cline in 
anatomy and surgery, and in 1800 he was appointed surgeon to 
Guy's hospital, on the death of his uncle, William Cooper. In 
1802 he received the Copley medal for two papers read before the 
Royal Society of London on the destruction of the membrana 
tymponi; and in 1805 he was elected a fellow of that society. 
In the same year he took an active part in the formation of the 
Medloo-Cbirurgical Society, and published in the first volume of 
its Transections an account of an attempt to tie the common 
carotid artery for aneurism. In 1804 he brought out the first, 
and in 1807 the second, part of his great work on hernia, which 
added so largely to his reputation that in 1813 his annual pro- 
fessional income rose to £21,000 sterling. In the same year he 
was appointed professor of comparative anatomy to the Royal 
College of Surgeons and was very popular as a lecturer. In z8i 7 
lie performed his famous operation of tying the abdominal aorta 
for aneurism; and in 1820 he removed a wen from the head of 
George IV., and about six months afterwards received a 
baronetcy, which, as he had no son, was to descend to his 
nephew and adopted son, Astley Cooper. He served as president 
of the Royal College of Surgeons in 1827 and again in 1836, and 
he was elected a vice-president of the Royal Society in 1 830. He 
died on the 12th of February 1841 in London, and was interred, 
by his own desire, beneath the chapel- of Guy's hospital. A 
statue by E. H. Bairy was erected in St Paul's. 

His chief works are Anatomy and Surgical Treatment Of Hernia 
(1804- 1 So;}; Dislocations and Fractures (1822); Lectures on Surgery 
(1824-1627); illustrations of Diseases of the Breast (1829); A n a t o my 
of tke Thymus Claud (183a); Anatomy of the Breast (1840). 

See Lsjc of Sir A. Cooper, by B. B. Cooper (1843). 

COOPER, CHARLES HENRY (1808-1866), English antiquary, 
was born at Great Marlow, on the 20th of March 1808, being 
descended from a family formerly settled at Bray, Berkshire. 
He received his education at a private school in Reading. In 
18*6 hefixed his residence at Cambridge, and in 1836 was elected 
coroner of the borough. Four years Utter he was admitted a 
solicitor, and in course of time he acquired an extensive practice, 
but bis taste and inclination ultimately led him to devote almost 
the whole of his time to literary research, and especially the 
elucidation of the history of the university of Cambridge. In 
t8ao be resigned the office of borough coroner on being elected 
to the town-clerkship, which he retained till his death on the 
21st of March i860. His earliest production, A New Guide to 
the ITutversilyand Town of Cambridge, mas published anonymously 
in 1831. The Annals of Cambridge followed (1842-1853) con- 
taining a chronological history of the university and town from 
the earliest period to 1853. His most important work, the 
Atkenae Cantabrigienses (1858, x86i), a companion work to the 
famous Atkenae Oxonienses of Anthony a Wood, contains 
biographical memoirs of the authors and other men of eminence 
who were educated at the university of Cambridge from 1500 
to 1600. Cooper's other works are The Memorials of Cambridge, 
(1858-1866) and a Memoir of Margaret, Countess of Richmond 
end Derby (1874). He was a constant contributor to Notes and 
Queries* the Gentleman's Magazine and other antiquarian publica- 
tions, and left an immense collection of MS. materials for a 
biographical history of Great Britain and Ireland. 



79 

COOPER* JAMES FENIMORE (1789-1811), American novelist, 
was born at Burlington, New Jersey, on the 15th of September 
1 780. Reared in the wild country round Otsego Lake, N.Y., on 
the yet unsettled estates of his father, a judge and member of 
Congress, he was sent to school at Albany and at New Haven, 
and entered Yale College in his fourteenth year, remaining for 
some time the youngest student on the rolls. Three years after- 
wards he joined the United States navy; but after making a 
voyage or two in a merchant vessel, to perfect himself in seaman- 
ship, and obtaining his lieutenancy, he married and resigned 
his commission (181 1). He settled in Westchester county, N. Y. , 
the "Neutral Ground" of his earliest American romance, and 
produced anonymously (1820) his first book, Precaution, a novel 
ol the fashionable school. This was followed (1821) by The Spy, 
which was very successful at the date of issue; The Pioneers 
(1823), the first of the " Leathers tocking" series; and The 
Pilot (1824), a bold and dashing sea-story. The next wasZfoie/ 
Lincoln (1825), a feeble and unattractive work; and this was 
succeeded in 1826 by the famous Last of the Mohicans, a book 
that is often quoted as its author's masterpiece. Quitting 
America for Europe he published at Paris The Prairie (1826), 
the best of bis books in nearly all respects, and The Red Rover, 
(1828), by no means his worst. 

At this period the unequal and uncertain talent of Cooper 
would seem to have been at its best. These excellent novels 
were, however, succeeded by one very inferior, The JVept of 
Wish-Ion-Wish (1829); by The Notions of a Travelling Bachelor 
(1828), an uninteresting book; and by The Waterwitch (1830), 
one of the poorest of his many sea-stories. In 1830 he entered 
the lists as a party writer, defending in a series of letters |o the 
National, a Parisian journal, the United States against a string 
of charges brought against them by the Revue Britannique; 
and for the rest of his life he continued skirmishing in 
print, sometimes for the national interest, sometimes for that 
of the individual, and not infrequently for both at once. This 
opportunity of making a political confession of faith appears 
not only to have fortified him in his own convictions, but to have 
inspired him with the idea of imposing them on the public 
through the medium of his art. His next three novels, The 
Bravo (1831), The Heidenmauer (1832) and The Headsman: or 
the Abbaye of Vigneron (1833), were designed to exalt the people 
at the expense of the aristocracy. Of these the first is by no 
means a bad story, but the others are among the dullest ever 
written; all were widely read on both sides of the Atlantic. 

In 1833 Cooper returned to America, and immediately pub- 
lished A Utter to my Countrymen, in which he gave his own 
version of the controversy he had been engaged in, and passed 
some sharp censure on his compatriots for their share in it 
This attack he followed up with The Monihins (1835) and The 
American Democrat (1835); with several sets of notes on his 
travels and experiences in Europe, among which may be remarked 
his England (1837), in three volumes, a burst of vanity and ill- 
temper; and with Homeward Bound, and Home as Found (1838), 
noticeable as containing a highly idealised portrait of himself. 
All these books tended to increase the ill-feeling between author 
and public; the Whig press was virulent and scandalous in its 
comments, and Cooper plunged into a series of actions for libel. 
Victorious in all of them, be returned to his old occupation 
with something of bis old vigour and success. A History of the 
Navy of the United States (1839), supplemented (r846)hy a set of 
Lives of Distinguished American Naval Officers, was succeeded 
by The Pathfinder (1840), a good "Leatberetocking" novel; 
by Mercedes of Castile (1840); The Deerstuyt, (184O; by The 
Two Admirals and by Wing and Wing (1842); by Wyandotte, 
The History of a Pocket Handkerchief, and Ned Myers (1843); 
and by Afloat and Ashore, or the Adventures of Miles WaUingford 
(1844). From pure fiction, however, be turned again to the 
combination of art and controversy in which he had achieved 
distinction, and in the two LittUpage Manuscripts (1845-1846) 
he fought with a great deal of vigour. His next novel wss The 
Crater, or Vulcan's Peak (1847), «* which he attempted to intro- 
duce supernatural machinery with indifferent success; and this 



8o 



COOPER, PETER— COOPER, SAMUEL 



mi succeeded by Oak Openings and Jack Tier (1848), the latter 
a curious rifacimento of The Red Rover; by The Sea Lions (1849); 
and finally by The Ways of the How (1850), another novel with 
a purpose, and his last book. He died of dropsy on the 14th of 
September 1851 at Cooperstown, New York. His daughter, 
Susan Fenimore Cooper (18x3-1894), was known as an author 
and philanthropist. 

Cooper was certainly one of the most popular authors that 
have ever written. His stories have been translated into nearly 
all the languages of Europe and into some of those of Asia. 
Balzac admired him greatly, but with discrimination; Victor 
Hugo pronounced him greater than the great master of modern 
romance, and this verdict was echoed by a multitude of inferior 
readers, who were satisfied with no title for their favourite less 
than that of "the American Scott." As a satirist and observer 
lie is simply the "Cooper who '3 written six volumes to prove 
he's as good as a Lord" of Lowell's clever portrait; his enormous 
vanity and his irritability find vent in a sort of dull violence, 
which is exceedingly tiresome. It is only as a novelist that he 
deserves consideration. His qualities are not those of the great 
masters of fiction; but he had an inexhaustible imagination, 
some faculty for simple combination of incident, a homely tragic 
force which is very genuine and effective, and up to a certain 
point a fine narrative power. His literary training was in- 
adequate; his vocabulary is limited and* his style awkward 
and pretentious; and he had a fondness for moralizing tritely 
and obviously, which mars his best passages. In point of con- 
ception, each of his three-and-thirty novels is either absolutely 
good or is possessed of a certain amount of merit; but hitches 
occur in all, so that every one of them is remarkable rather in its 
episodes than as a whole. Nothing can be more vividly told than 
the escape of the Yankee man-of-war through the shoals and 
from the English cruisers in The Pilot, but there are few things 
flatter in the range of fiction than throther incidents of the novel. 
It is therefore with some show of reason that The Last of the 
Mohicans, which as a chain of brilliantly narrated episodes is 
certainly the least faulty in this matter of sustained excellence 
of execution, should be held to be the best of his works. 

The personages of his drama are rather to be accounted as 
so much painted cloth and cardboard, than as anything approach- 
ing the nature of men and women. As a creator of aught but 
romantic incident, indeed. Cooper's claims to renown must rest 
on the fine figure of the Leatherstocking, and, in a less degree, 
on that of his friend and companion, the Big Serpent. The 
latter has many and obvious merits, not the least of which is 
the pathos shed about him in his last incarnation as the Indian 
John of The Pioneers. Natty Bumpo, however, is a creation 
of no common unity and consistency. There are lapses and 
flaws, and Natty is made to say things which only Cooper, in 
his most verbosely didactic vein, could have uttered. But on 
the whole the impression left is good and true. In the dignity 
and simplicity of the old backwoodsman there is something 
almost Hebraic With his naive vanity and strong reverent 
piety, his valiant wariness, his discriminating cruelty, his fine 
natural sense of right and wrong, his rough limpid honesty, his 
kindly humour, his picturesque dialect, and his rare skill in 
woodcraft, he has all the breadth and roundness of a type and 
all the eccentricities and peculiarities of a portrait 

See James Fenimore Cooper (Boston, 1883), by Thomas R. Louns- 
bury in the " American Men of Letters " series; Griswold, Prose 
Writers of America (Philadelphia, 1847); J. R. Lowell, fable for 
Critics; M. A. de Wolfe Howe, American Bookmen (New York, 
18^8); and the introduction by Mowbray Morris to Macmillan's 
uniform edition of Cooper's novels (London, 1900). (W. E. H.) 

COOPER, PETER (1 791-1883), American manufacturer, 
inventor and philanthropist, was born in New York city on the 
1 2 th of February 1791. His grandfathers and his father served 
in the War of American Independence. He received practically 
no schooling, but worked with his father at hat-making in New 
York city, at brewing in Pcekskill, at brick-making in Catskill, 
and again at brewing in Newburgh. At seventeen he was 
apprenticed tcni coach-builder in New York city. On coming of 
age be got employment at Hempstead, Long Island, making 



machines for shearing cloth; three years afterwards be set ftp 
in this business for himself, having bought the sole right to 
manufacture such machinery in the state of New York. Business 
prospered during the War of 181 2, but fell off after the peace. 
He turned his shop into a furniture factory; soon sold this and 
for a short time was engaged in the grocery business on the site 
pf the present Bible House, opposite Cooper Union; and then 
invested in a glue and isinglass factory, situated for twenty-one 
years in Manhattan (where the Park Avenue Hotel was built 
later) and then in Brooklyn. About 1828 he built the Canton Iron 
Works in Baltimore, Maryland, the foundation of his great 
fortune. The Baltimore & Ohio railway was to cross his property, 
and, after various inventions aiming to do away with the loco- 
motive crank and thus save two-fifths of the steam, in 1830 he 
designed and constructed (largely after plans made two years 
before) the first steam locomotive built in America; though 
only a small model it proved the practicability of using steam 
power for working that line. The "Tom Thumb," as Cooper 
called the locomotive, was about the size of a modern hand-car; 
as the natural draft was far from sufficient, Cooper devised a 
blowing apparatus. Selling his Baltimore works, he built, in 
1836, in partnership with his brother Thomas, a rolling mill in 
New York; in 1S45 be removed it to Trenton, New Jersey, where 
iron structural beams were first made in 1854 and the Bessemer 
process first tried in America in 1856; and at Philippsburg, 
New Jersey, he built the largest blast furnace in the country at 
that time. He built other foundries at Ringwood, New Jersey, 
and at Durham, Pennsylvania; bought iron mines in northern 
New Jersey, and carried the ore thence by railways to his mills. 
Actively interested with Cyrus Field in the laying of the first 
Atlantic cable, he was president of the New York, Newfound- 
land & London Telegraph Company, and his frequent cash' 
advances made the success of the company possible; he was 
president of the North American Telegraph Company also, 
which controlled more than one-half of the telegraph lines of the 
United States. For his work in advancing the iron trade he 
received the Bessemer gold medal from the Iron and Steel 
Institute of Great Britain in 1879. He took a prominent part in 
educational affairs, strongly opposed the Roman Catholic claims 
for public funds for parochial schools, and conducted the 
campaign of the Free School Society to its successful issue in 
184a, when a state law was passed forbidding the support from 
public funds of any "religious sectarian doctrine." He is 
probably best known, however, as the founder of the Cooper 
Union (q.v.). Cooper was an early advocate of the emancipation 
and the enlistment in the Union army of Southern negroes, and 
he upheld the administration of Lincoln. Though he had been a 
hard-money Democrat, he joined the Greenback party after the 
Civil War, and in 1876 was its candidate for the presidency, but 
received only 81 ,740 out of the 8,41 3,833 votes cast. He died in 
New York city on the 4th of April 1883. He published The 
Political and Financial Opinions of Peter Cooper, ttilh an Auto- 
biography of his Early Life (1877), and Ideas for a Science of 
Good Government, in Addresses, Letters and Articles on a Strictly 
National Currency, Tariff and Civil Service (1883). 

There is a brief biography by R. W. Raymond, Peter Cooper 
(Boston, 1900). 

COOPER, SAMUEL (1600-1672), English miniature painter. 
This artist was undoubtedly the greatest painter of miniatures 
who ever lived. He is believed to have been born in London, 
and was a nephew of John Hoskins, the miniature painter, by 
whom be was educated. He lived in Henrietta St., Covent Garden, 
and frequented the Covent Garden Coffee-House* Pepys, who 
makes many references to him, tells us he was an excellent 
musician, playing well upon the lute, and also a good linguist, 
speaking French with ease. According to other contemporary 
writers, he was a short, stout man, of a ruddy countenance. He 
married one Christiana, whose portrait is at Welbeck Abbey, and 
he had one daughter. In z668 he was instructed by Pepys to 
paint a portrait of Mrs Pepys, for which he charged £30. He is 
known to have painted also the portrait of John Aubrey, 
which was presented in 1691 to the Ashmolcan Museum, as we 



COOPER, THOMAS— COOPER, T.. SIDNEY 



learn from Ms correspondence with John Ray, the nitoralist. 
Evelyn refers to him in 1664, when, on the occasion of the visit 
that the diarist paid to the king, Cooper was drawing the royal 
face and head for the new coinage. 

Magnificent examples of his work are to be found at Windsor 
Castle, Belvoir Castle, Montague House, Welbeck Abbey, Ham 
House, the Rijks Museum at Amsterdam and in the collection of 
Mi J. Pierpont Morgan. His largest miniature is in the posses- 
sion of the duke of Richmond and Gordon at Goodwood Apiece 
of the artist's handwriting is to be seen at the back of one of 
bs miniatures in the Welbeck Abbey collection, and one of his 
drawings in black chalk is in the University Gallery at Oxford. 
His own portrait of himself is in the collection of Mr J. Pierpont 
Morgan. 

The date of his death has been handed down by a record in the 
diary of Mary Beale, the miniature painter; and in some letters 
from Mr Charles Manners, addressed to Lord Roos, dated 1672, 
now amongst the duke of Rutland's papers at Belvoir, the writer 
refers to Cooper's serious illness on the 4th of May, and to his 
doubt as to whether the artist would ever recover. Mary Beale's 
reference to his decease is in the following words: "Sunday, 
May 5, 1672— Mr Samuel Cooper, the most famous limner 
of the world for a face, dyed." 

For a fuller account see the History of Portrait Miniature by 
C. C Williamson, vol. i p. 64. <G. C W.) 

COOPER (or Coufer), THOMAS (c. 1517-1594), English bishop 
and writer, was born in Oxford, where he was educated at 
Magdalen College. He became master of Magdalen College 
school, and afterwards practised as a physician in Oxford. 
His literary career began in 1548, when he compiled, or rather 
edited, a Latin dictionary Bibliothectx Eliotae, and in 1549 he 
published a continuation of Thomas Lanquet's Chronicle of ike 
Wortd. This work, known as Cooper's Chronicle, covers the 
period from aj>. 17 to the time of writing, and was reprinted in 
1 560 and 1565. In x 565 appeared the first edition of his greatest 
work, Thesaurus Linguae Romano* et Britannicae, and this was 
followed by three other editions. Queen Elisabeth was greatly 
pJesscdwiththerferaaraffgeneraUysro^ 
and its author, who had been ordained about 1559, was made 
dean of Christ Chosen, Oxford, in 1567. Two years later he 
became dean of Gloucester, in 1571 bishop of Lincoln and in 1 584 
bishop of Winchester. Cooper was a stout controversialist; he 
defended the practice and precept of the Church of England 
■g*ip«* the Roman Catholics on the one hand and against the 
Martin Marprelate writings and the Puritans on the other. He 
took, some part, the exact extent of which is disputed, in the 
peswecution of religious recusants in hk diocese, and died at 
Winchester on the 29th of April 1 504. 

Cooper's Ad mo n it io n against Martin MarpnloJe was reprinted in 
1847. and his Answer in Defence of the Truth against the Apology of 
PrtmaU Mass in 1850. 

COOPER, THOMAS (1759-1840), American educationalist 
and political philosopher, was bom in London, England, on the 
sand of October 1759, and educated at Oxford. Threatened 
with prosecution at home because of his active sympathy with 
the French Revolution, he emigrated to America about 1793, 
and began the practice of law in Northumberland county, 
Pennsylvania. He was president-judge of the Fourth District 
of Pennsylvania in 1 806-181 1. Like his friend Joseph Priestley, 
who was then living in Northumberland, he sympathized with 
the Anti-Federalists, and took part in the agitation against the 
Sedition Act, and for a newspaper attack in 1799 on President 
John Adams, Cooper was convicted, fined and imprisoned for 
libeL Like Priestley, Cooper was very highly esteemed by 
Thomas Jefferson, who secured for him the appointment as 
first professor of natural science and law in the University of 
Virginia— a position which Cooper was forced to resign under 
the fierce attack made on him by the Virginia clergy. After 
filling the chair of chemistry in Dickinson College, Carlisle, Pa. 
(1811-1814), and in the University of Pennsylvania (1818-1819), 
he became professor of chemistry in South Carolina College, at 
Columbia, in 1819, and afterwards gave instruction in political 
vn. 2» 



8r 

economyalso. In iSTohebecameactingDresidentoftliis institution, 
and was president from 1821 until 1833, when he resigned owing 
to the opposition within the state to his liberal religious views. 
In December 1834, owing to continued opposition, he resigned 
his professorship. He had been formally tried for infidelity in 
183 a. He was a born agitator: John Adams' described him as 
" a learned, ingenious, scientific and talented madcap." Before 
his college classes, in public lectures, and in numerous pamphlets, 
he constantly preached the doctrine of free trade, and tried to 
show that the protective system was especially burdensome to 
the South. His remedy was state action. Each state, he con- 
tended, was a sovereign power and was in duty bound to protest 
against the tyrannical acts of the Federal government. He 
exercised considerable influence in preparing the people of 
South Carolina for nullification and secession; in fact he pre- 
ceded Calhoun in advocating a practical application of the state 
sovereignty principle. The last years of his life were spent in 
preparing an edition of the Statutes at Large of the state, which 
was completed by David James McCord (1797-1855) and pub- 
lished in ten volumes ( 1 836-184 1). Dr Cooper died in Columbia 
on the 1 1 th of May 1840. As a philosopher he was a follower of 
Hartley, Erasmus Darwin, Priestley and Broussais; he was a 
physiological materialist, and a severe critic of Scotch meta- 
physics. Among his publications are Political Essays (1800); 
An English Version of the Institutes of Justinian (1812) ; Lectures 
on the Elements of Political Economy (1826); A Treatise on the 
Law of Libel and the Liberty of the Press (1830) ; and a translation 
of Broussais' On Irritation and Insanity (1831), with which 
were printed his own essays, "The Scripture Doctrine of Material- 
ism," " View of the Metaphysical and Physiological Arguments 
in favour of Materialism," and " Outline of the Doctrine of the 
Association of Ideas." 

See I. Woodbridge Riley, American Philosophy: the Early Schools 
(New York, 1907). 

COOPER, THOMAS (1805-1893), English Chartist and writer, 
the son of a working dyer, was born at Leicester on the aoth of 
March 1805. After his father's death bis mother began business 
as a dyer and fancy box-maker at Gainsborough. Young 
Cooper was apprenticed to a shoemaker. He bad a passion for 
knowledge; studied Greek, Latin and Hebrew in his spare time; 
and in 1827 gave up cobbling to become a schoolmaster, and, 
later, a Methodist preacher. His affairs did not prosper, and 
after going to Lincoln, where he obtained work on a local news- 
paper, be came to London in 1839. Here be became assistant 
to a second-hand bookseller, but in 1840 he joined the staff of 
the Leicestershire Mercury, His support of the Chartist move- 
ment obliged him to resign his position, but he undertook to 
edit The Midland Counties Illuminator, a Chartist journal, in 
1841. He became a leader of the extreme Chartist party, and 
for his action in urging on the strike of 1842 he was imprisoned 
in Stafford gaol for two years. Here he produced The Purgatory 
of Suicides, a political epic in ten books, embodying the radical 
ideas of the time. In his efforts to publish this work after his 
liberation he came under the notice of Benjamin Disraeli and 
Douglas Jerrold. Through Jerrold's help it appeared in 1845, 
and Cooper then turned his attention to lecturing upon historical 
and educational subjects. In 1856 he suddenly renounced the 
free-thinking doctrines which he had held for many years, and 
became a lecturer on Christian evidences. He died at T-inroln 
on the 15th of July 1892. Among his other works may be 
mentioned the Bridge of History over the Gulf of Time (1871) 
and the Life of Thomas Cooper, written by Himself (1872). 

COOPER, THOMAS SIDNEY (1803-1902), English painter, 
was born at Canterbury on the 26th of September 1803. In 
very early childhood he showed in many ways the strength of his 
artistic inclinations, but as the circumstances of his family did 
not admit of bis receiving any systematic training, he began be- 
fore he was t welye years old to work in the shop of a coach painter. 
A little later he obtained employment as a scene painter; and 
he alternated between these two occupations for about eight 
years. But the desire to become an artist continued to influence 
him, and all his spare moments were given up- to drawing and 



82 



OX>PERAGE--CO-OPERATIQN 



painting from nature. At the age of twenty he went to London, 
drew for a while in the British Museum, and was admitted as a 
student of the Royal Academy. He then returned to Canterbury, 
where be was able to earn a living as a drawing-master and by 
the sale of sketches and drawings. In 1827 he settled in Brussels; 
but four years later he returned' to London to live, and by 
showing his first picture at the Royal Academy (1833) began an 
unprecedentedly prolonged career as an exhibitor. Cooper's 
name is mainly associated with pictures of cattle or sheep, and 
the most notable of the many hundred he produced are: " A 
Summer's Noon " (1836), " A Drover's Halt on the Fells " 
(1838), " A Group in the Meadows " (1845), " The Half-past 
One o'Clock Charge at Waterloo " (1847), " The Shepherd's 
Sabbath " (1866), " The Monarch of the Meadows " (1873), 
44 Separated but not Divorced " (1874), " Isaac's Substitute " 
(t 880), " Pushing off for Tilbury Fort " (1884), "Ona Farm 
in East Kent " (1889), " Return to the Farm, Milking Time " 
(1897). He was elected A.RA. in 1845 And R -A- in 1867. He 
presented to his native place, in 1882, the Sidney Cooper Art 
Gallery, built on the site of the house in which he was born. 
He wrote his reminiscences, under the title of My Life, in 1890; 
and died on the 7th of February 1903. 

COOPERAGE, or Copbxaoe (Flemish and Dutch hooper, a 
trader, dealer), a system of traffic in spirituous liquors, tobacco 
and other articles amongst the fishermen in the North Sea. The 
practice began in the middle of the 19th century, when Flemish 
and Dutch hoopers frequented the fishing fleets for the purpose of 
baiter. Trading first in tobacco, they extended their operations, 
and soon became practically floating grog-shops. 

The demoralising nature of the traffic was brought to the 
public notice in 1881, and a convention was held at the Hague in 
1882 to consider means of remedying the abuses. In 1887 Great 
Britain, Germany, Belgium, Denmark, France and the Nether- 
lands signed an agreement to prevent the sale or purchase of 
spirituous liquors among fishermen at sea. In Great Britain an 
act (the North Sea Fisheries Act x888) was passed to carry into 
effect the terms of the convention. The act (now repealed and 
replaced by the North Sea Fisheries Act 1893, with which it is 
identical but for some slight verbal modifications) imposes a fine 
not exceeding £50 or a term of imprisonment not exceeding three 
months for supplying, exchanging or otherwise selling spirits. 
It imposes a like penalty for purchasing spirits by exchange or 
otherwise, and requires every British vessel dealing in provisions 
or other articles to have a licence and to carry a special mark. 
In 1 88a Mr E. J. Mather started a mission to deep sea fishermen, 
whkh sends out mission ships and supplies the fishermen with 
good clothing, literature, tobacco, &c, at a fair price. This 
mission, now the Royal National Mission to Deep Sea Fishermen, 
is registered by the Board of Trade. 

See E. J. Mather, Nor'ard of the Dogger (1888), and publications 
of the Mission to Deep Sea Fishermen. 

COOPERAGE (from " cooper," a maker of casks, derived from 
such forms as Mid. Dutch cuper, Ger. Kufer, Lat. cuparius; the 
same root is seen, in various Teut, words for a basket, such as 
Dutch huip and Eng. " kipe " and " coop, " but cooper is appar- 
ently not formed directly from " coop," which never means a 
" cask " but always a basket-cage for poultry, &c), the art of 
making casks, barrels and other rounded vessels, the sides of 
which are composed of separate staves, held together by hoops 
surrounding them. The art is oneof great antiquity; Pliny ascribes 
its invention to the inhabitants of the Alpine valleys. The trade 
is one in. which there are numerous subdivisions, the chief of 
which are tight or wet and dry or slack cask manufacture. 
To these may be added white cooperage, a department which 
embraces theconstraction of wooden tubs, pails, churns and other 
even-staved vessels. Of all departments, the manufacture of 
tight casks or barrels for holding liquids is that which demands 
the greatest care and skill since, in addition to being perfectly 
tight when filled with liquid, the vessels must bear the strain of 
transportation to great distances, and in many cases have to 
resist considerable internal pressure when they contain ferment- 
ing liquors. The staves are best made of well-seasoned oak. 



Since a cask is a double conoid, usually having its greatest 
diameter (technically the bulge or belly) at the centre, each 
stave must be properly curved to form a segment of the whole, 
and must be so cut as to have a suitable bilge or increase of 
width from the ends to the middle; it must also have its edges 
bevelled to such an angle that it will form tight joints with its 
neighbours. The staves being prepared, the next operation is to 
set up or raise the barrel. For this purpose as many staves as are 
necessary are arranged upright in a circular frame, and round 
their lower halves are fitted truss hoops which serve to keep 
them together for the permanent hooping. The upper ends are 
then drawn together by means of a rope which is passed round 
them and tightened by a windlass, and other truss hoops are 
dropped over them, the wood being steamed or heated to enable 
it to bend freely to shape. The two ends of the cask are next 
finished to receive the heads by forming the chime, or bevel on 
the extremity of the staves, and the croze or groove into which 
the heads fit. Finally the heads and permanent hoops are put in 
place. The heads, when made of two or more pieces, are jointed 
by wooden dowel pins, and after being cut to sixe are chamfered 
or bevelled round the edge to fit into the erase grooves. The 
hoops are generally of iron. The manufacture of slack casks 
proceeds on the same general lines, but is simpler in various 
respects, both because less accurate workmanship is required, and 
because softer woods, largely fir, may be employed. Machinery of 
the most elaborate and specialized character has been devised to 
perform most of the operations in making both slack and tight 
casks, and though it involves considerable capital outlay it 
effects so great an economy of time that it has largely superseded 
hand labour. (For an account of such machinery see L. H. Ran- 
some, " Cask-making Machinery," Proc. Inst. Civ. Eng. vol. 115; 
also an article in Engineering, 1908, 85, p. 845.) Barrels without 
separate staves are made by bending a sheet of wood, sawn from 
a log in a continuous strip, into the required circular shape, the 
bulge at the centre being obtained by cutting out V gores from 
the ends. Barrels are also sometimes made of steel, either of the 
ordinary bulging form or consisting of straight-aided drums 
provided near the middle with rings on which they may be rolled. 
Immense numbers of casks of different shapes and sizes are 
employed in various industries. Tight barrels are a necessity to 
the wine and cider maker, brewer and distiller, and are largely 
used for the transport of oils and liquid chemicals, wmle slack 
barrels are utilized by the million for packing cement, alkali, 
china, fruit, fish and numerous other products. 

COOPERATION, a term used particularly both for a theory 
of life, and for a system of business, with the general sense 
of " working together " (con, with, and opus, work). In ha 
narrowest usage it means a combination of individuals to econo- 
mize by buying in common, or increase their profits by selling in 
common. In its widest usage it means the creed that life may 
best be ordered not by the competition of individuals, where each 
seeks the interest of himself and his family, but by mutual help; 
by each individual consciously striving for the good of the social 
body of which he forms part, and the social body in return, 
caring for each individual: " each for all, and all for each " Is its 
accepted motto. Thus it proposes to replace among rational and 
moral beings the struggle for existence by voluntary combination 
for life. More or less imperfectly embodying this theory, weheve 
co-operation in the concrete, or " the co-operative movement," 
meaning those forms of voluntary association where individuals 
unite for mutual aid in the production of wealth, which they will 
devote to common purposes, or share among them upon principles 
of equity, reason and the common good, agreed upon beforehand. 
Not that a co-operative society can begin by saying absolutely 
what those principles in their purity would dictate. It begins 
with current prices, current rates of wages and interest, current 
hours of labour, and modifies them as soon as it can wherever 
they seem least conformable to equity, reason and the common 
good. 

In the industrial world there is everywhere much working 
together for the production of wealth, but this Is not included in 
co-operation if the shares of those concerned are determined by 



CO-OPERATION 



»3 



competition, ».«. by a struggle and the relative ability of each to 
secure a large share. Nor do co-operators regard the assoriatkm 
as truly voluntary, though it may depend on contract, if that 
contract be one of service only, without an opportunity for all 
concern ed to share in the ultimate control. Co-operation in 
fact is essentially a democratic association. On the other hand, 
there is some working together for the production of wealth 
which without being competitive, or based on service, b not 
strictly voluntary: thus in primitive societies there is much 
customary help, combined with customary division of the produce; 
and in advanced societies we have state and municipal socialism. 
These are indeed sometimes included in co-operation, but at 
least they are not voluntary co-operation, since the individual 
has no choice but" to take part' in them; they depend on the 
power of the ruler to coerce the ruled, or of the majority to 
coerce the minority. In co-operation, meaning voluntary co- 
operation, there may also, it is true, be frequent overruling of 
the minority by the majority, but only so far as the minority 
have, when joining the association, voluntarily agreed to permit, 
and subject always to an effective ultimate right of secession. 
Tfaos co-operation occupies the middle ground between 
competition and state or municipal socialism. In its technical 
scute, however, h does not cover the whole of this ground: it 
does not cover associations which are primarily for social, 
pr o vid ent, or religious purposes, but only those closely connected 
with Use production of wealth. We speak of co-operative 
sorirrtew for agriculture, for manufacturing, for retail, or whole- 
sale distribution, for building or house-owning, for raising capital 
and so forth; while the great Friendly Societies (7.?.), though a 
part of co-operation as a theory of life, are not part of the co- 
operative movement. The line is somewhat hard to draw, and 
consequently is drawn somewhat arbitrarily. Thus while a 
society for building, or for the collective ownership of houses, fa 
counted a co-operative society, a Building Society (as we 
ordinarily understand the term), though it be purely mutual in 
its basis, is not so counted in Great Britain, but is in the United 
States (see Bonomo Societies). 

For the early history of the co-operative movement we have to 
look chiefly to Great Britain, and British co-operation acknow- 
ledges as its founder Robert Owen (?.».). In every age 
and every country the origins of co-operation may no 
doubt be traced, where men have helped one another in 
the creation of wealth and agreed as brothers as to its division. 
In England long before the days of Owen there was much co- 
operation of miners and fishermen which, though scarcely 
obligatory on the individuals taking part in it, was largely 
regulated by custom. Coming to more purely voluntary associa- 
tions, co-operative workshops are recorded, retail co-operation was 
practised in Scotland from the middle of the 18th century, while 
in England shops not unlike co-operative stores, but without the 
democratic element, were in one or two instances set up by 
benevolent individuals. It does not seem, however, that there 
was any theory of co-operation until Owen in England, and 
almost simultaneously Fourier (q.v.) in France, formulated their 
gospels, not identical, yet having much in common. Of these 
two Owen and his teaching are by far the more important. 

The end of the x8th and the beginning of the 19th centuries 
were the culminating days of the industrial revolution, when the 
old organisation of domestic industry had given way before the 
factory system, and the population of the factory districts was 
suffering a martyrdom, with ruin of body and degradation of 
character, from unbridled competition, long hours, women's 
and children's labour, pauper apprenticeship, great fluctuations 
of trade and employment, dearness and adulteration of pro* 
visions* the truck system and insanitary homes. Owen, having 
himself become a great employer of labour, after starting as a 
draper's assistant, saw that this was in every sense waste, and 
that as it paid the manufacturer to have the best machinery and 
not to overdrive it, but to tend H well and keep it in the best 
repair, so it would pay him, and abundantly pay the nation, 
to have the human machines well cared for, not overworked, 
and kept m the best condition. The popular individualistic 



philosophy of that day taught that the good of sodety would be 
achieved by each individual seeking in his business relations 
the interest of himself and his family; but Owen maintained 
that the well-being of the social body could only be served if 
each individual made that bis conscious aim. Fortius' reason he 
and hisdiedples were called Socialists. He taught further that a 
man's character depended mainly upon the circumstances which 
influenced ms life; he emphasised environment, and all but 
denied heredity. At New Lanark, from 1799, he carried out 
these 1 ideas among the workers in the cotton mills of which ho 
was managing partner. 1 " For twenty-nine years," he wrote, 
" we did without the necessity for magistrates or lawyers; 
without a single legal punishment; without any known poors' 
rate; without intemperance or religious animosities We re* 
duced the hours of labour, well educated all the children front 
infancy, greatly improved the condition of the adults, diminished 
their dairy labour, paid interest on capital, and cleared upwards 
of £300,000 of profit." So wonderful were the results upon the 
population, that New Lanark became a sbow»place of world-wide 
renown, and was visited by many of the greatest and most 
exalted people of the period. 

While thus using his own power Owen not only advocated 
legislation to limit the hours of factory labour, but appealed to 
the public authorities to establish industrial communities, where 
the poor might be set to work, and be managed paternally on 
the principles of New Lanark. So great was his repute, and so 
influential the royal and other personages who gave him their 
support, that this appeal might probably have been successful 
had not Owen, in reply to complaints as to his religious views — 
which were deistic— and that his system was not founded on 
religion, made a public attack upon all accepted religions. 

Failing to get the required support from the Government and 
magistrates, he still sought it from wealthy believers in his 
teaching, and a number of " communities" (see Communism) 
were founded in England and Scotland, and in the United States. > 
These were intended to be self-supporting, the land and other 
means of producing wealth being owned in common, and work 
and education being regulated on Owen's principles. Owen well 
knew that most of them lacked the large amount of capital 
necessary, but bis hand was forced by enthusiastic followers, and 
even the most hopeful of the experiments, that of Queen wood in 
Hampshire (1830-1844), was made prematurely and failed. 

His connexion with New Lanark also came to an end, not from ■ 
any want of success, but through differences with some of his 
partners who objected to such matters as dancing, military drill 
for the children, and the wearing of kilts, but above all feared leaf 
Owen's " infidelity " should undermine the people's faith. 

Thus it might have seemed that Owen's life and fortune had 
been spent in vain, and resulted only in unsuccessful experiments; 
but this was far from being so. His teaching, and in particular 
his doctrines of circumstance, and of the conscious seeking after 
the social good, his belief in self-supporting communities, and his 
vision of a new moral and industrial world, had powerfully 
affected the working classes, indeed, all classes. Workmen in. 
many parts of the country had formed groups with the ultimate 
object of founding self-supporting communities. If the govern- 
ment and the rich would not provide capital enough to start 
communities, the workers would start them themselves. Thus 
was the democratic basis given to co-operation. As a means they 
had been founding co-operative societies, which are sometimes 
called " union shops " to distinguish them from the later growth 
of societies of the Rochdale type. The members began by 
buying provisions wholesale and retailing them to themselves at 
current prices; the difference became capital, and as soon as 
possible one member was set to work to make boots and another 
clothes, and so forth, until ultimately the society should have 
capital enough to take land and form a co mmun i t y. Education 
also was prominent among their objects. These co-operative 
societies reached some 400 or 500 between x8a8 and 1834, but the 
movement then collapsed. As the original enthusiasm died out, 
or members left the neighbourhood, or capital accumulated in 
* Holyoake, History of Co-operation (1906 edition), I 34. 



84 



CO-OPERATION 



the hands of the original shareholder*, they almost all either failed 
or became private property. In those early days, moreover, the 
law gave no protection to the property of co-operative societies. 
This remained so until 185 a, when the Christian Socialists (see 
Socialism) among their many great services to the working 
classes secured such protection. In 1862 they secured also limited 
liability for the members. 

Before 1844 a co-operative society had already beenformcd and 
failed at Rochdale in Lancashire, yet some ardent spirits planned 
to form another. Twenty-eight poor men, flannel 
weavers and such like, got together a capital of £*8 
by twopenny and threepenny subscriptions, and in 
December 1844 opened in Toad Lane, Rochdale, a little shop from 
which, speaking broadly, the whole of British co-operation, and 
very much of that of other lands, has grown. Their objects were 
those of other co-operative societies of the time, including the 
ultimate aim of a self-supporting community. In this last they 
never succeeded, nor indeed did they attempt it; but they did 
succeed in vastly improving the position of millions of the working 
dasses by enabling them to obtain their provisions cheap and 
pure, to avoid the millstone of debt, to save money, to pass from 
retail to wholesale trade, and from distribution to manufacturing, 
building and house-owning, ship-owning and banking; above 
all to educate themselves, and to live with an ideal. 

The Rochdale Equitable Pioneers began their trading in the 
smallest way, the members taking turns to serve in the shop; 
yet where so many other Union shops had failed Rochdale 
succeeded, and it has steadily grown to an institution with some 
14,000 members, doing a trade of £300,000, owning shops and 
workshops, a library and reading-rooms, making large profits, and 
devoting a substantial part of them to education and to charitable 
purposes. What was the reason of this difference? Chiefly it 
would seem a different method of dealing with the profits. 
Earlier " Stores " had divided these according to the capital 
contributed by each member, or else equally among the members: 
the Rochdale Pioneers determined that, after paying 5 % interest 
on the share capital, all profit should be allotted to the purchasing 
members in proportion to their purchases, and be capitalized in 
the name of the member entitled, until his shares amounted to 
£5. Thus each member found it his interest to purchase at the 
store and to introduce new purchasers. The ownership of the 
store remained always with the purchasers, and each came under 
the magic influence of a little capital saved. 

Not only did Rochdale store grow amazingly, but its example 
spread far and near. New stores were founded on the " Rochdale 
Orvrtb plan " and old stores adopted it; soon they were 
of co- numbered by hundreds. In spite of many failures 
there were in 1906 more than fourteen hundred such 
stores in the United Kingdom, with nearly two and a 
quarter million members, over £33,000,000 capital, and sales 
exceeding £63,000,000 in the year. The number of societies does 
not increase of late years, the tendency being rather for estab- 
lished societies to open branches, but all the other figures increase 
rapidly from year to year. 

These workmen's Co-operative Stores, or DistributiveSocieties, 
flourish chiefly in the north and midlands of England and in 
Scotland, but are found more or less all over the country. 
They, and practically all other British co-operative societies, 
are registered under the Industrial and Provident Societies Act, 
which constitutes them corporate bodies, with limited liability, 
and fixes £200 as the maximum that any member may hold in the 
share capital. Their government is democratic, based on one 
vote each, for man or woman; and their members or share- 
holders, and their committee-men or directors, are almost 
exclusively the more provident of the working classes, or belong 
to the class just above. Store societies are of various sizes, from 
the small village shop to the greatest of them all, the Leeds 
Society, with nearly 50,000 members, sales exceeding a million 
and a half sterling, and an elaborate organization of branches 
and manufacturing departments. Their method, the " Rochdale 
system/' is as follows, subject to occasional variations. Member- 
ship is open to all who pay a shilling entrance fee and sign for a 



£1 share, which can be paid up out of profit. For the most part 
members may at any time withdraw their shares in cash at par. 
A record of each member's purchases is kept by means of metal 
tokens or otherwise, and at the end of each quarter, after paying a 
limited interest (never more than 5%, and in very many societies 
less) on shares, and, in some societies, paying a proportion el 
profit to the employees, the surplus is divided to the members in 
proportion to their purchases : non-members also usually receiving 
half dividends on theirs. Thus the members in effect obtain their 
necessaries at cost price. The dividend on members' purchases 
averages about as. od. in the £. In many successful societies even 
more is paid, but the average is falling. Where dividend is high, 
prices are often fixed above those current in the neighbourhood, 
so that the members, in addition to saving the retailer's profit, 
use their Society as a sort of savings bank, where they put away 
a halfpenny or so for every shilling they spend. In addition to 
retailing, a store often manufactures bread, clothes, boots and 
millinery, sometimes farms land, or grinds corn; usually for its 
own members only, but occasionally for sale to other societies 
also. Their productions in this way exceed. £s,ooo,ooo a year. 
They also invest large and increasing sums inbuilding cottages, to 
let or sell to their members; and they lend still more largely to 
their members, to enable them to buy cottages. 

Outwardly these stores may look like mere shops, but they are 
really much more. First, they are managed with a view not to a, 
proprietor's profit, but to cheap and good commodities. Secondly 
they have done an immense work for thrift and the material 
prosperity of the working classes, and as teachers of business 
and self-government. But further, they have a distinct social 
and economic aim, namely, to correct the present inequalities of 
wealth, and substitute for the competitive system an industry 
controlled by all in the common interest, and distributing on 
principles of equity and reason, mutually agreed on, the wealth 
produced. With this view they acknowledge the duties of fair 
pay and good conditions for their own employees, and of not 
buying goods made under bad conditions. The best societies 
further set aside a small proportion of their profits for educational 
purposes, including concerts, social gatherings, classes, lectures, 
reading-rooms and libraries, and often make grants to causes with 
which they sympathize. Their members are prominent in local 
government affairs; co-operative candidates are occasionally run 
for town councils, and often talked of for parliament. Though 
the societies are non-political, and have refused to join the labour 
representation movement, they are usually centres of " pro- 
gressive " ideas. There are of course many defects, and of their 
two million members a large, and many fear an increasing, 
proportion, attracted by the prosperity of the societies, think 
chiefly of what they themselves gain; but the government of the 
movement has, hitherto at least, been largely in the hands of men 
of ideas, who believe that stores are but a step to co-operative 
production, and on to the " co-operative commonwealth." 

It is indeed only when we come to federations of co-operative 
societies, and above all to production, with its large number of 
employees, that the educational side of the movement and its 
power to promote industrial reform are most seen. The Co- 
operative Union, Limited, for instance, is a propagandist 
federation of all the chief co-operative societies in Great Britain, 
and some in Ireland. Its income of £10,000 a year is contributed 
by the Co-operative Societies. It looks after their legal and 
parliamentary interests, carries on much educational work by 
means of literature, lectures, dasses, scholarships, summer 
meetings at the universities, and so on; organizes numerous 
local conferences for discussion, and once a year a great national 
co-operative congress, and exhibition of productions, in some 
chief centre of population. The Co-operative Wholesale Society, 
Limited, is a trading federation of the great majority of the 
English stores. Founded in 1863 on a small scale, it now counts 
its employees by thousands, its capital by millions, and its yearly 
sales by tens of millions. Besides its merchant trade, it manu- 
factures to the value of £4,500,000, owning factories, warehouses 
and land in many districts. It imports largely, and runs its own 
steamships. It is also the bank of the co-operative societies. 



CO-OPERATION 



85 



and the chief outlet for the always redundant capital of the well- 
established stores. The Scottish stores also have their Wholesale 
Society, not less important relatively. For many purposes these 
two are in partnership. In each of them the net profits are 
returned to the stores as a dividend on purchases, and thence to 
the whole body of members; but in the Scottish Wholesale a part 
is also paid to Its employees as a dividend upon their wages. 
There are also a few local federations of stores, mostly for corn- 
milling and baking. 
Strongly contrasting with this production by associations of 
" consumers' production/' is the co-partnership, or 
labour co-partnership, branch of co-operation. Its 
simplest form is an association of producers formed to 
carry on their own industry. Originally such societies 
ttre intended to consist solely of the workers employed; the 
ideal was the " self-governing workshop," introduced from France 
by the Christian Socialists of 1850; but membership is now open 
to the distributive societies, which are the chief customers, and 
anally, to all sympathizers. Shares are transferable, not 
withdrawable. Profits first pay the agreed " wages of capital," 
asuairy 5%, and of what remains the main part goes to the 
employees as a dividend on their wages, and to the customers as a 
dividend en their purchases. In well-established societies the 
dividend on wages averages about is. on the £. This is not 
asuaHy paid in cash, but credited to the employees as share 
capital, whereby all may become members. Besides other 
producers' associations, more or less co-operative, there are over 
s hundred co-partnership societies at work in England, against a 
dozen or fifteen in 1883. They are engaged in boot-making, 
printing, building, weaving, clothing, wood-working, metal- 
working, and so on. Some of them are very small, while others 
have businesses of £50,000 a year or more, the average being 
about £10,000. The majority show fair, sometimes large 
profits. Each is governed by a committee, which is elected by 
the members and appoints the manager. A minority of them 
seO in the open, i*. the non-co-operative, market, and a few sell 
largely for export. 

We constantly hear that co-operative production is a failure. 
There have no doubt been failures, especially of big experiments 
attempted among men totally unprepared. But many 
fau+g of the failures counted were not truly co-operative. 
At the present day consumers' production is successful 
beyond all question, while the net growth of producers' associa- 
tions in the last twenty years has been marked both in number 
and importance. These two forms of production best illustrate 
the two rival theories which divide British co-operation, and 
between whose partisans the conflict has- at times been sharp. 
The consumers' theory maintains that all profit on price is 
abstracted from the consumer, and must be returned to him; 
whOe to him should also belong all capital and control, subject to 
such regulations as the state and the trade unions enforce. 
This theory is fully exemplified in the English Wholesale Society, 
and in some of the smaller federations for production, which 
employ workmen, whether co-operators or not, for wages only, 
snd admit no individual, but only co-operative societies, to 
awmbesship. It is also exemplified by the great majority of the 
gores, though in their case the employee may become a member 
in ms capacity as a consumer. The co-partnership theory, on 
the other hand, maintains that the workers actually employed in 
toy industry, whether distributive or productive, should be 
partners with those who find the capital, and those who buy the 
produce, and should share with them the profit, responsibilities 
and oontroL The consumers' party contend that societies of 
producers make a profit out of the consumers, and thus are never 
truly co-operative, while as they multiply they must compete 
against each other. The co-partnership party answer that labour 
at least helps to make the profit, and that competition, as yet 
almost insignificant between their societies, can be avoided by 
federating them (a process long ago begun) for buying and selling 
in common, and for other common purposes, while leaving each 
the control and responsibility of its own internal affairs. They 
farther advocate the eventual federation of the productive wing 



of co-operation with the distributive, for settling prices and all 
matters in which their interests might conflict. In this way they 
say the co-operative system may extend indefinitely without 
sacrificing either individual responsibility and freedom, or a 
general unity and control, so far as these are necessary to secure 
the common interest. On the other hand they hold that the 
opposing system tends more and more to centralization and 
bureaucracy, and divorces the individual workman from all 
personal interest in his work, and from any control over its 
conditions. They contend, moreover, and it is indeed admitted 
that, in spite of the great advantages which consumers' produc- 
tion has in its command of a market and of abundant capital, 
only a small part of industry can ever be carried on by associa- 
tions of the persons who actually consume the produce. Outside 
this small part, therefore, voluntary co-operation is impossible 
except as some form of co-partnership. 

On the working-out of these two principles depends the future' 
of co-operation. The example of Scotland probably throws 
light on the problem. There co-operative production, amounting 
to some millions sterling, is nearly all carried on by federations of 
consumers' societies, including the Scottish Wholesale, which 
apply more or less successfully the co-partnership principle—*.*, 
their employees are admitted to share in profits, and may 
become members, whereby they are further admitted to share in 
capital and control. The type of organisation hence resulting is 
very much the same as where a society of producers admits 
consumers' societies to membership, and sets aside a proportion of 
the profits to be returned to them as dividend upon their 
purchases. To this combined type, we have seen, English 
productive societies, started by producers, have come; and it 
would appear that those started by consumers must ultimately 
tend to it. However, in spite of honoured leaders of the early 
days, the consumers' party is at present greatly in the ascendant 
in English co-operation, and even in. the Scottish federations it is 
almost strong enough to abolish co-partnership, and allow no one 
to share in capital, profit or control except in his capacity as a 



An association of co-operative societies and individuals, called 
the Labour Co-partnership Association, exists to maintain the 
principle of co-partnership in co-operation, and also to promote 
its gradual adoption in ordinary businesses. Some progress in 
this latter direction is being made, there being a tendency to 
improve upon simple profit-sharing by capitalising the workman's 
" bonus," whereby he becomes a shareholder, and the business 
is gradually modified in a co-operative direction. There are 
remarkable instances of such modification abroad, notably that 
of the great iron foundry and Familisthx at Guise in France. 
The most noteworthy, among several, in England is that of the 
South Metropolitan Gas Company, where after eighteen years of 
the system 5000 odd employees had in 1007 more than £390,000 
invested in the company; they also elect three of themselves 
directors of the company, this being one-third of the board. 
Unfortunately this example is, or at least was, marred by a feud, 
with the trade unions, whereas there is friendship between trade 
unionism and co-partnership, as indeed between trade unionism 
and co-operation generally. 

One of the most recent and promising developments of English 
co-operation is the tenants' co-partnership movement for the 
common ownership of groups of houses, which the 
society owning them lets out to its members. These 
societies are but few as yet, but they have sprung up 
rapidly and promise great usefulness and extension. 
Somewhat similar societies have long been a recognised branch of 
co-operation on the continent of Europe. 

Such, then, are the history and present extent of co-operation 
in Great Britain. Turning abroad we find in almost all civilized 
countries, besides other forms of co-operation, im- Tinman- 
portant and growing movements roughly similar to ' 
those above described, but on the whole less identified * 
with the working classes and less coloured by their ' 
social and economic ideals. In France, Germany, Switzerland, 
Italy and elsewhere, there are very important co-operative 



86 



CO-OPERATION 



distributive movements looking to Rochdale as their prototype; 
and in the United States of America there are at least continual 
attempts to spread Rochdale co-operation. Of these foreign 
stores, however, many exhibit important modifications, such as 
unlimited liability, and selling at cost price, or between that and 
market prices. On the whole we may say that Rochdale Co- 
operation is the most extended and the most typical. 1 1, and the 
workshop movement springing from Fourier, and the socialist co- 
operation of Belgium and elsewhere, are certainly the forms which 
have most of the ideal of democratic equality and social recon- 
struction. Other forms look more to the money benefits accruing 
to the members, seeking to supplement the present order of 
society, rather than to bring in a new order. Among these other 
forms— separate in origin, in methods, and largely in spirit — the 
most important are credit co-operation, or people's banking, and 
agricultural co-operation, two forms until recently unknown in 
the British Islands. 

Confusion has sometimes arisen from the fact that while 
Rochdale Co-operation sets itself against "credit," continental 
co-operation is more concerned with obtaining credit 
for its members than with anything else. But credit is 
used in two senses. The English workman employed 
for wages is against the credit which means spending 
them before they are earned: continental co-operation seeks by 
collective credit to put into the hands of working peasants, 
craftsmen and traders, the stock and the tools without which 
their labour is vain. Credit for consumption is the road to 
poverty; credit for production the road to well-being. 

Just as with co-operation in labour and in purchase, so mutual 
help in obtaining credit may doubtless be traced in primitive 
forms far back into history. It was certainly more or less " in 
the air " in Germany and France about 1848 and even earlier; 
but the beginning of systematic organized credit co-operation 
may be definitely fixed in the year 1849, when Raiffeisen began 
his Darlehnscasse, or loan bank, in Rhenish Prussia. Curiously 
enough it had also a second and entirely independent origin. For 
in the following year Schulze-Delitzsch, in a distant part of the 
same kingdom, established his Credit Society based on an 
entirely different system. As this second system spread much 
more rapidly than the other and attained, as indeed it retains, 
much greater commercial magnitude, it came to be regarded as 
the beginning of credit co-operation, of which for a long time it 
was the only important form. These two remain the two distinct 
types in every land. Thus Germany, which has innumerable 
co-operative societies of every form and of great importance, is 
in particular the mother of credit co-operation. 

In the famine years of 1846 and 1847 and for some years after, 
Friedrich WOhelm Raiffeisen was a burgomaster in the barren 
Westerwald. The people were hopelessly ground down 
by debt to money-lenders for small doles of capital, 
advanced to purchase stock, or meet times of special 
difficulty. It occurred to Raiffeisen that by combining 
to borrow a moderate sum of money on their joint responsibility, 
and afterwards to lend it out among themselves in small sums at a 
slightly greater rate of interest, the peasants might obtain relief 
from their burden of usury, and at the same time get the capital 
necessary to make their labour productive. Accordingly in 1849 
at the little town of Flammersfeld, he set up a " Loan Bank." 
Despite its success, it remained the only one of its kind for five 
years, when Raiffeisen founded a second. There was no third 
for eight years more: it was only in x88o that they began really 
to spread, but now they are found in many lands and are counted 
by thousands. 

Such a bank is essentially an association of neighbours. 
Besides borrowing, it also receives savings deposits, which often 
produce a large part of, or even all, the capital it needs. Usually 
a few of the members are comparatively well to do people, who 
join to help their neighbours by increasing the society's credit. 
This Raiflciscn considered essential. They have no actual privi- 
lege, but by common consent they take a leading part. In the 
true Raiffeisen bank the liability of each member is unlimited, 
but limited liability has been introduced in some of its modifica- 



tions. The Society confines its operations strictly to a small area, 
say a parish, where everyone knows everyone. Each borrower 
must specify the purpose for which he wants a loan, say to buy a 
cow or drain a field, or pay off a money-lender, and this is 
rigorously inquired into. Only members can borrow. Any 
member, however poor, can borrow for a profitable approved 
purpose, and no one, however rich, for any other. Practically 
all the members see that the money is applied as agreed; and, 
while the loan is often made for a long period, a year or two 
—even for ten or more— so as to repay itself out of the 
profit, power is reserved to call it in at short notice if misapplied. 
Loans are repayable by periodical instalments, but repayments 
must be made with absolute punctuality. No bills, mortgages or 
other securities are taken, except a note of hand either alone or 
with one or two sureties. There are two committees, one to lend 
and do the work of the society, and the other to supervise the 
first; and on both of these it is understood that the richer 
members are to be in a majority. No committeeman or officer 
receives any remuneration for his services, except that the 
accountant gets a small salary. Originally there were no shares, 
*nd when in 1889 the legislature ordained that there must be 
shares, the Raiffeisen banks made theirs as small as possible, 
generally ten or twelve shillings. Nothing is paid on the shares as 
interest or dividend, all profit being voted once for all to the 
ordinary reserve and the indivisible reserve, the latter the 
backbone of the system. In every large district the Raiffeisen 
banks are federated in a Union, and these Unions culminate in a 
General Agency. As an intermediary among themselves, and 
between them and the money market, the banks have also a 
central bank with a capital of £500,000, and with ten provincial 
branches. A great deal of agricultural co-operation has arisen 
from these banks as centres, and with the money they have 
supplied. 

Raiffeisen banks boast that neither member nor creditor has 
ever lost a penny by them, and while this is denied it seems at 
least near the truth. Their credit is so good that they can-obtain 
money at very low rates, and as their expenses are trifling they 
can re-lend to their members at rates but little higher. In 
Germany they usually lend at about 5%. Only men of good 
character can obtain membership: thus, besides spreading 
prosperity, they have everywhere been great promoters of 
sobriety and good conduct They were only intended to meet 
the needs of the peasants, especially of the very poorest, and for 
this purpose they have proved admirably suited. 

Very different were the people among whom Schulze-Delitzsch 
established his form of co-operative credit; and very different 
the organization he adopted and the results which have 
flowed from it. In 1850 Franz Hermann Schulze was a fSluKt 
judge in his native town of Delitzsch, almost at the A.-/, , 
middle point of the southern edge of Prussia, and 
established there his first Vorschussverein, or Advance-Union. 
He had been in England and knew something of our co-operative 
movement, but he scarcely seems to have derived any part of his 
inspiration from it. The people he desired to help were towns- 
men, especially the small craftsmen working on their own account, 
the joiners, shoemakers and so forth; and his ideal was to do this 
merely by stimulating their thrift. 

In a Schulze-Delitzsch bank, a number of such men combine 
together to raise a capital of guarantee : to do this every member 
takes up one share and one only, which is of large value, say 
£30 or £50 or even much more, but can be paid up by small 
instalments. Thus every member is committed to a long course 
of saving. On the strength of this capital in course of formation, 
and the unlimited liability of the members, the bank is able to 
borrow, or to receive as savings and deposits from members and 
others, a much larger capital The funds so constituted it lends 
out at the highest rates it can command, originally 12 % or 14 %, 
but now very much less, and varying, of course, with the market. 
It lends to members only, but to any amount, for any purpose and 
on any good and sufficient security, whether acceptance, pro- 
missory note, overdraft, discount, mortgage, pledge, surety or 
what not. The loans, however, are always for a short period, 



COOPERATION 



8? 



osoatty three months, renewable for another three months, and 
sometime* f urther than that The committee of management are 
elected by the general meetings; they -decide on all loans, and 
receive * salary, plus a commission on the business done. The 
council of supervision are also paid, or at least entitled to pay. 
The great objects which a bank keeps in view are security and a 
good return on capital, it is not confined to a small area, but 
works for as large and as varied a constituency as possible. With 
inch a constitution the Schulze-Dclitasch banks grow big and 
accumulate a large capital of their own. On an average each 
bank baa nearly 600 members and lends about £150,000 per 
annum, including loans renewed. Losses are sometimes made, 
but they are not heavy on the whole. All the profits are divided 
upon capital, or put to reserve, except some, usually small, 
sums given to charitable or educational purposes. Dividends 
average about 5%, but have been known to reach and even 
exceed 30%. 

It may therefore justly be said that for co-operative institu- 
tions these banks smack too much of joint-stockism: they are in 
fact co-operative not much more than in the same sense that the 
Oldham cotton mills, and other " working-class limited*," have 
sometimes been loosely called co-operative. They seem consti- 
tuted to make the lender's interest supreme, but they have, 
nevertheless, conferred enormous benefits on the handicraftsmen, 
small traders, small cultivators and others who borrow from 
them. They have put capital within their reach at reasonable 
rates. 

These banks also have their central point. In 1864 the German 
Co-operative Societies' Bank was founded to centralize the work 
of the local Schulze-Delitzsch banks and to bring the money 
market within their reach. It was not itself co-operative, and 
never confined its business to the co-operative banks. Beginning 
in a very small way, by 1903 it had attained a capital of a million 
and a> half sterling and a yearly business of £154,000,000, of 
which £28,000,000 was specifically with co-operative credit 
societies. It was then amalgamated with another banking 
business, the Drainer Bonk, esteemed one of the most important 
and successful in Germany. 

Thus these two types oi credit co-operation agree in being 
founded on unlimited liability, but speaking broadly they are 
contrasted in that the Schulze-Delitzsch banks work primarily, 
though by no means solely, among townsmen, are based on share 
capital, work for profit, which they divide on shares, are con- 
ducted by paid directors, and confer their benefits not on the 
very poorest but rather, as their own friends say, on the middle 
classes: the Raiffeiscn banks are designed for the peasantry, are 
not based upon share capital, neither divide, nor work for, 
profit, are conducted by unpaid directors, and confer their 
benefits especially on the very poor. The Schulze-Dclitasch type 
is strong in self -help, but tends to commercialism as it grows; 
the other needs the help of the well-to-do to back up the self- 
help of the poor, but it tends to altruism and the union of 
classes. 

The world has 30,000 co-operative credit societies, not counting 
building societies; and though they are organized in many 
groups, especially in their native Germany, for local reasons, or 
because of some modification, or some compromise between the 
two systems, the two types really include them all. There is, 
however, a strong tendency to introduce limited liability into 
various offshoots of the one type and the other; even into the 
orthodox Schulze-Delitzsch banks themselves, when they grow 
big. From Germany co-operative banks have spread into almost 
all European countries — even at last to Ireland and England— 
and to America and Asia. In Germany there are some fifteen 
thousand local, and no less than sixty central, co-operative 
credit associations, which lend out £180,000,000 a year including 
renewals. In Italy, Austria and Hungary they are also strong. 
In 1896 it was estimated that £150,000,000 a year must be very 
well within the total amount lent by money co-operation on the 
continent of Europe; eight years later it could not well fall short 
of £350,000,000, and the amount keeps constantly increasing. 
Of this total only a small percentage represents loans by banks of 



the RajnVrsen type, which, though very numerous, often lead 
only a few hundred pounds each in the year. 

Great controversy has prevailed as to the state subsidies given 
to co-operative credit. While governments are sometimes rather 
inclined to hinder co-operative distribution, they have shown 
a marked tendency to foster, whether for political or economic 
reasons, co-operative credit. The Prussian government in 
response to popular demand, vigorously supported by the 
agricultural interest, has founded and endowed with £2,500,000 
of public money, the Central Co-operative Bank, whose object 
is to bring capital within the reach of the various groups of co- 
operative banks. The Schulzc-Delitzsch Union was the only 
one to dispute the need of this, and though the bank has given 
a stimulus to the formation of co-operative societies, it still 
denies that this is a healthy propagation. Nevertheless, some 
even of the Schulze-Detitzach societies resort to this state bank 
for money. It is under government administration and lends 
immense sums each year. In France the Bank of France has 
been compelled to lend £1,600,000 free of interest, and to give 
about £120,000 per annum out of its. profits to assist agriculture; 
this money is being lent free to " regional " banks, and by them 
at about 3% to local societies. State help has also been given 
to the co-operative bank of the French workmen's productive 
societies. In Austria and in many other countries a great deal 
of similar help has been given. 

Closely connected with certain developments of credit, and 
deserving to rank as the third, if not the second, great sub- 
division of co-operation, is agricultural co-operation, t*mmmrk 
a movement in the main of the last twenty years, but 
amounting now to a great force, almost everywhere 
except in Great Britain, and in some countries almost *£*** 
to a revolution. It is important to say agricultural *^ 
co-operation and not co-operative agriculture, for in spite of 
some customary mutual help in farm work, in spite of several 
attempts, and some small successes, in co-operative farming, 
the actual cultivation is almost everywhere individualistic. 
The farmer or peasant cultivates alone, or with his family, or 
servants; when he co-operates with his fellows, it is to manu- 
facture, or to market, the products of his farm, or more often 
to obtain the things he needs for his farming, to raise stock, to 
own expensive machinery in common, or insure against risks. 
By these means the small farmer, without sacrificing his own 
peculiar advantages, obtains most of the advantages of the big 
farmer, to the immense improvement of his position. 

At almost every point agricultural and credit cooperation 
touch; yet the most perfect example of agricultural co-operation 
is not concerned with credit co-operation in any form. The 
fanners of Denmark practise co-operation in almost every 
variety, except for raising capital. The commercial banks have 
provided money to start dairies and other co-operative societies; 
so that, it would appear, the need of credit co-operation has not 
been felt 

The Danish farmer is almost always a freeholder: it is little 
more than a century since his ancestors were serfs. It is little 
more than a generation since a few men, turning to account the 
strong national feeling aroused by the defeat of 1864, started a 
great educational movement which has left its mark on all strata 
of Danish society. After the People's High School, technical 
schools arose in various places; and to these, and to the excellent 
continuation schools in the country districts, the Danes are 
beholden for the regeneration of their agriculture. From 1867 
co-operative distributive societies on the Rochdale plan had been 
spreading in Denmark; but it was not till 1882 that co-operation 
in agriculture began, and the first co-operative dairy was formed; 
ten years later there were about a thousand such, a number 
which has slightly increased since. These dairies are productive 
societies in which the cow-owners are the shareholders, and' all 
shareholders have equal rights and equal voting power, whether 
they own one cow or one hundred. Almost every village has 
its co-operative dairy, fitted to deal with the milk of from 400 
to 1 400, or even 2000 cows. They far exceed all the other dairies 
of Denmark. More than four-fifths of all the milk of Denmark 



88 



CO-OPERATION 



is used in them, and they produce butter worth more than nine 
millions sterling. The profits are divided among those who supply 
the cream, in proportion to the value of their supplies — a method 
of dividing profits characteristic of agricultural co-operation. 
The village dairies are united in federations to export their 
produce. 

Side by side with the dairies are other co-operative societies, 
quite independent but largely composed of the same members, 
for buying collectively fodder, manures and other agricultural 
or household requisites, for collecting and exporting eggs, 
slaughtering hogs and curing bacon, improving the breed of 
stock, for bee-keeping, fruit-growing and so forth. By means 
of these societies the country has been greatly enriched. The 
farmer not uncommonly belongs to ten co-operative societies, 
besides probably a farmers' club. The work of starting and 
administrating the societies is seldom paid, and many farmers 
give much time to it gratuitously. They are in the main 
organized on the same principles as the dairies, but with varia- 
tions; the largest egg export society, for instance, has over 
30,000 members. It is not. a federation of village societies, but 
a centralized body with many branches. 

The growth of the bacon-curing societies has been remarkable. 
The first of them was not founded until 1887, but they spread 
rapidly, and in seven years there were twenty, killing more than 
half the country's then produce of hogs. The movement has 
greatly increased since then, and multiplied its output about 
fourfold. Co-operation in collecting, grading and exporting 
eggs only began in 189$, and in eight years 65,000 members 
had joined the various egg societies, and the value of eggs 
exported had reached £436,000. Taken as a whole, the effect of 
agricultural co-operation in Denmark has amounted to little less 
than a revolution. It has brought the results of science within the 
peasant's reach, and he has been quick to avail himself of them: 
it has transformed a great part of farm work into a factory 
industry, increased the yield of the soil, improved the material 
position of the peasants, and drawn rich and poor together. 
Denmark, once so poor, is now, except England, probably the 
richest country in Europe in proportion to its population. 
Besides Denmark, Germany, France, Italy, Belgium, Holland, 
Finland, Australia, New Zealand, the United States, Canada, 
Ireland and many other countries have important developments 
of agricultural co-operation. In Germany, where it is closely 
connected with credit co-operation, it seems to date from 1866 
only, yet in forty years agricultural co-operative societies have 
come to number six thousand, without counting the agricultural 
banks, which exceed twice that number. There are dairies, 
Societies to purchase farm requisites, societies of grape-growers, 
hop-growers and beetroot-growers, distilleries, labour societies, 
insurance societies, societies to own warehouses and granaries 
and to sell produce, to purchase land and resell it in .small 
holdings, and even several societies which purchase land to 
cultivate it in common. The dose connexion between credit- 
societies and other agricultural co-operation is exemplified in 
the Central Union of orthodox Raiffeisen credit societies at 
Neuwied. Through a central bank and a trading department 
allied to it, it has negotiated the joint purchase of coal, feeding- 
stuffs, manures, machinery and so forth to large amounts, as well 
as the difficult business of the combined sale of agricultural 
produce. Moreover, several local centres connected with this 
union have granaries and warehouses for the storage of agri- 
cultural produce, and negotiate joint sales, while within the union 
facilities have been found for selling the products of one district 
to members in another. 

In Ireland stores have not hitherto flourished, though a few 
exist. Irish co-operation is agricultural, and dates from the 
foundation of one co-operative dairy in 1889. Thence 
JJJJ has grown a movement already of great importance, 

2Er*w atill advancing and comprising from eighty to ninety 
thousand members, belonging to some hundreds of 
societies— dairies, agricultural supply societies, banks and so 
forth, formed on the Danish model. To form a dairy the small 
working farmers of a district register a society and take up 




shares of £1 each, in proportion to the number of their cows. 
Each brings his milk to be separated, is paid for the butter- 
making material it contains, and receives back skim milk. If 
any profit a divided, it belongs nine-tenths to the suppliers of 
milk in proportion to the value of their supplies, and one-tenth 
to the dairy employees as dividend on wages in pursuance of 
the co-partnership principle. These dairies produce butter 
worth more than £1 ,000,000. Their rapid spread is due to their 
great influence in improving the quality of butter, and hence 
increasing the farmer's gains. The co-operative banks are of 
the Raiffeisen type, though a few have limited liability. They 
aim at providing the peasants with necessary capital ('* the 
lucky money " they have christened it) and expelling the usurer. 
They arc increasing rapidly. Among other objects of Irish 
co-operation are selling eggs, poultry, barley and pigs, joint- 
grazing, potato-spraying, scutching flax, bacon curing, home 
industries, and of course supplying farm requisites. The move- 
ment promises much further growth in magnitude and variety. 
The dairy societies have federated into an agency for reaching 
the English market, and the supply societies into an Irish 
Wholesale for purchasing to the best advantage. Besides the 
direct profits and economies of these societies, they have greatly 
benefited Ireland by teaching men of all classes, parties and 
religions to act together for peaceful progress; they have led 
to a wide diffusion of better agricultural knowledge, and to the 
establishment by government of the Agricultural Department. 
(Sec Ireland.) 

In France, which Englishmen are apt to speak of as pre- 
eminently the country of co-operative production, the agri- 
cultural is the most important branch of co-operation; 
and the source and mainstay of agricultural co-opera- 
tion are the Syndicats A&icoles. These are not 
technically co-operative societies; they are rather 
trade unions, not indeed of wage-earners only, or 
mainly, but of cultivators. They cannot legally trade, 
being constituted for the study and protection of the general 
interests of the members, the spread of information, and so 
forth. Their principal object however, seems in many cases 
to be to combine their members for the purchase of all farm 
requisites and especially of chemical manures. This they do 
by collecting, sorting and passing on orders. They cannot 
usually manage selling in common without the intervention of 
a society specially registered for that object. Beginning only 
in 1893, their number long ago ran into thousands and their 
membership into hundreds of thousands, drawn from all classes 
of cultivators and landowners, great and little. Among much 
other good work they have led to the formation of a large 
number of strictly co-operative societies for all the purposes 
of agriculture, except cultivation in common. Thus there are 
two thousand agricultural banks, besides butter factories, 
distilleries, associations for threshing, for sale of fruit and 
vegetables, for wine-making, oil-pressing, and so on, amounting 
altogether to some hundreds. There are also societies, mostly 
of ancient date, engaged in making Gruyere cheese: a few years 
ago these numbered 2000, but they are dwindling. Lastly, there 
are some eight thousand mutual insurance societies organized 
as agricultural syndicates. 

Everywhere the main features of this agricultural movement 
are similar to those we have seen in Denmark and Ireland; it 
is supplementary to individual cultivation; hardly ever does 
it appear as associations for cultivating in common, and, speaking 
with certain important exceptions, it has no very ideal aims, 
but seeks chiefly to give the farmer a better profit. In England 
there are a number of farms worked by stores, and several 
large associations for the supply of farm requisites; but the 
typical agricultural co-operation, based on small village societies 
and federations of such societies, has only recently, been made 
known and begun to take root. 

It is notable that while the Syndicats agrUoles are almost 
exactly what Fourier, the Robert Owen of France, foresaw as the 
next stage of social development, the other great branch of 
French co-operation, the workshop movement of the Associatienj 



CO-OPERATION 



89 



' it production, fa directly due to his teaching, which 
led in 184S to the starting of a large number of co-operative 
nM „ workshops. The suppression of association after the. 
jMrf«». advent of Napoleon III. lulled most of them, but 
■»■ ■ ■ » » with the return of liberty they revived and they have 
steadily increased ever since. They vary somewhat 
among themselves, but are in the main combinations of 
t to carry on their industries with their own capital or 
that of their trade unions. Their chief difference from English 
co-partnership societies is that they very rarely admit to member* 
ship any persons not belonging to the trade. They are engaged 
in a great variety of industries, selling comparatively little to 
co-operative distributive societies, as English co-partnership 
sorirfire do, but taking contracts from government depart- 
ments and the municipalities, and supplying the general public. 
Complete statistics of their total trade are not available, but 
it exceeds £3,000,000, and the separate societies seem to vary, 
hke the majority of English co-partnership societies, from about 
£40,000 a year downwards, a few being larger bat the great 
majority small. From about 140 societies in 1806 they have 
grown to between two and three times that number, and the 
increase continues with rapidity. More than two hundred of 
them are federated in the Ckombre consultothe des atsodatioiu 
m mihts 4* production, which looks after certain business. in- 
terests of the societies, and also assists the formation of new 
ones by propaganda and advice. In Paris alone about a third of 
these societies are found. 

It has been objected that their growth is artificial inasmuch as 
the government gives them certain advantages, such as pre- 
ference over the private contractor at an equal price, exemption 
from the deposit of security, and special concessions as to 
payments on account. It also grants a subvention (recently 
about £7000 per annum), which was formerly all given to the 
societies in grants, but is now largely lent to them at not more 
than 9% interest through their own special bank. This bank 
was founded in 1895 to help the societies with loans and discounts, 
and was soon after endowed by a disciple of Fourier with £20,000. 
The societies have also benefited by other private beneficence 
and public help. As to the Government aid, it must be remem- 
bered that in France the state helps all forms of industry 
in wmys unknown to- us, and the French co-operative producers 
always declare that what js done for them is a trifle compared 
to what is done for other manufacturers. Moreover, they get 
many large contracts in open and unaided competition. In 
these aorieries the ouxi l iaires, or workers who are not members, 
axe often numerous; but no society is now admitted to their 
federation which does not share profits with the ouxiliaires and 
facilitate their admission to membership. 

Consumers' co-operation, credit co-operation, agricultural 
co-operation, and workshop co-operation, as exemplified in 
Great Britain, Germany, Denmark and France, are found in 
most advanced countries, some in one and some in another, 
in forms roughly similar to those above described. Of co- 
operation for production it might have been said, a few years ago, 
that outside Great Britain it everywhere meant associations of 
producers. Except bakeries, there was but little consumers' 
production; that, however, seems now to be spreading in foreign 
countries also. The most important developments of co-opera- 
tion not yet described are the socialist co-operation of Belgium, 
the co-operative building societies of the United States, the 
labour societies of Italy and Russia, the co-operation of German 
craftsmen to provide themselves with caw material, and the 
letting out of railway construction to temporary co-operative 
groups of workmen by the New Zealand and Victorian 
governments. 

In Belgium co-operation is mostly socialist in the towns and 
Catholic in the country. In ail the principal industrial centres 
are very important co-operative bakeries and distributive 
societies, owned by co-operative groups, numbering thousands 
of workmen of every calling. These Maisons du ptnpU are 
admitted to be well managed, even by those who dislike their 
politics. The socialist party look upon them chiefly as a means 



of organising and educating "the working classes for political 
and economic emancipation, and of providing funds for political 
warfare. Like the English stores, and allied societies, they are 
based on the consumer, but unlike them they pay no interest on 
share capital, though they do on deposits. A much larger part 
of the profit than in England is devoted to propaganda and 
common purposes, though a part is also paid to the consumers 
individually in the form of checks exchangeable for bread or. 
other goods. The workers employed also receive a share of 
profit as a dividend on their wages, and elect their repre- 
sentatives on the committee of management. By means of 
these societies the party has a press, buildings, and the funds to 
fight elections and support members in parliament. In France, 
where the store movement has been of an individualistic, and 
often middle class, tendency, the socialists have lately imitated 
the example of Belgium, and seem to be winning more success 
than the older French stores. 

In the United States there has long been much important 
agricultural co-operation, and there have been many much-ad- 
vertised attempts to establish Rochdale co-operation, but there 
have so often been failures and even dishonesties that co-opera- 
tion has had a bad odour in the country, and the developments 
come and go with such rapidity that it is difficult to speak with 
confidence of its stability. The branch of co-operation which 
has been a great success in the United States consists of the great 
co-operative building societies, but building societies are not 
considered part of the co-operative movement in Great Britain. 

Co-operation of all kinds is greatly developed in Italy, but 
one form is specially notable. The Socidd di Uuoro are co- 
operative labour gangs of great importance. They are counted' 
by hundreds, and are found among navvies, builders, masons, 
carriers, stevedores, agricultural labourers and other workmen, 
and have carried out very great works in Italy and in foreign 
countries. They have, for instance, drained lands in the Cam- 
pagna and made a railway in Greece. They differ from pro- 
ductive societies markedly in that they have comparatively little 
to do with capital or material, but contract mainly for labour. 

The Slavonic races seem to have a special aptitude for grouping; 
together co-operatively: it is said that men meeting casually 
on a journey will do so for the brief time they are together. In 
countries like Servia we see this ancient, and more or less cus- 
tomary, loose and unstable co-operation meeting the modern 
contractual, permanent co-operation of banks and other 
registered societies. So in Russia, where so large a part in the 
national organisation is played by the Artel (see Russia), which, 
may be a transitory co-operative group of workmen undertaking 
a particular piece of work, e.g. to build a bouse, or a permanent 
association like that of the bank porters combined together to 
guarantee one another's honesty. 

While English and some other forms of co-operation have 
always repudiated state help, and probably rightly, so far as 
their own work is concerned, the state in almost all ^^ ^ 
countries, and conspicuously in England, has in fact 
helped to the extent of providing special legislation, and waiving 
fees, so as to encourage the formation of co-operative societies. 
A second form of state help is very noticeable in the modern' 
development of agriculture, as in Denmark,Canada, New Zealand, 
Ireland and very many countries, where the state has played a 
great part in performing or assisting functions which neither 
voluntary association nor individual enterprise could well 
perform alone; in providing technical education, expert advisers, 
exhibitions and prizes; in distributing information in all forms; 
in finding out markets, controlling railway rates, subsidising 
steamboats, and even grading, branding, warehousing and 
freezing produce, and maintaining trade agents abroad. These 
things have not been done for co-operative societies alone, but 
for agriculture in general; but co-operation has chiefly benefited, 
and much has been done expressly to encourage the formation 
of associations of cultivators, and provincial and national 
federations of such associations; and government departments 
of agriculture are found acting through such bodies, and with 
their advice and ■wistanre The third and most ques t i on ab l e 



9° 



COOPERSTOWN— COOPER UNION 



the OneonU & Mohawk Valley electric railway. The village 
lies in the midst of a hop-growing and dairying region, and has 
cheese factories and creameries. It has a public library, Thanks- 
giving hospital, a Y.M.C.A. hall, and the Diocesan orphanage 
(Protestant Episcopal). Cooperstown is a summer resort, 
Otsego Lake (9 m. long and with an average width of about t m.), 
the " Gummerglass " of Cooper's novels, being one of the most 
picturesque of the New York lakes. Cooperstown occupies the 
site of an old Indian town. In 1 785 the site became the property 
of Judge William Cooper, who in the following year founded there 
a village which took his name and was incorporated in 1807. 
Judge Cooper himself settled here with his family in 1790. His 
son, James Fenimore Cooper, who lived here for many years 
and is buried in the Episcopal cemetery here, made the region 
famous in his novels. 

See J. Fenimore Cooper, The CkroukUs 4/ Coopetskmn (Coopers- 
town, 1838). 

COOPER UNION, a unique educational and charitable institu- 
tion " for the advancement of science and art " in New York 
city. It is housed in a brownstone building in Astor Place, 
between 3rd and 4th Avenues immediately N. of the Bowery, 
and was founded in 1857-1859 by Peter Cooper, and chartered 
in 1850. In a letter to the trustees accompanying the trust-deed 
to the property, Cooper said that he wished the endowment to 
be " for ever devoted to the advancement of science and art, in 
their application to the varied and useful purposes of life "; 
provided for a reading-room, a school of art for women, and an 
office in the Union, " where persons may apply ... for the 
services of young men and women of known character and 
qualifications to fill the various situations"; expressed the 
desire that students have monthly meetings held in due form, 
" as I believe it to be a very important part of the education 
of an American citizen to know bow to preside with propriety 
over a deliberative assembly "; urged lectures and debates 
exclusive of theological and party questions; and required that 
no religious test should ever be made for admission to the Union. 
Cooper's most efficient assistant in the Union was Abram S. 
Hewitt. In 1000 Andrew Carnegie put the finances of the Union 
on a sure footing by gifts aggregating $600,000. For the year 
1907 its revenue was $161,228 (including extraordinary receipts 
of $25,565, from bequests, &c.), its expenditures $161,300; at 
the same time its assets were $3,870,520, of which $1,070,877 
was general endowment, building and equipment, and $2,797,728 
was special endowments ($205,000 being various endowments 
by Peter Cooper; $340,000, the William Cooper Foundation; 
$600,000, the Cooper-Hewitt Foundation; $391,656, the John 
Halstead Bequest; $217,820, the Hewitt Memorial Endowment). 
The work has been very successful, the instruction is excellent, 
and the interest of the pupils is eager. All courses are free. 
The reading-room and library contain full files of current journals 
and magazines; the library has the rare complete old and new 
series of patent office reports, and in 1907 had 45,760 volumes; 
in the same year there were 578,582 readers. There is an 
excellent museum for the arts of decoration. Apart from 
valuable lecture courses, the principal departments of the Union, 
with their attendance in 1907, were: a night school of science — 
a five-year course in general science (667) and in chemistry ( x 54) , 
a three-year course in electricity (1x4), and a night school of art 
(i333)i » day school of technical science— four years in civil, 
mechanical or electrical engineering— (237); a woman's art 
school (282); a school of stenography and typewriting for 
women (55); a school of telegraphy for women (31); a class in 
elocution (06) ; and classes in oratory and debate (146). During 
the year 2505 was the highest number in attendance at any time, 
and then 3000 were on the waiting list. 

In the great hall of the Union free lectures for the people are 
given throughout the winter; one course, the Hewitt lectures, 
in co-operation with Columbia University, "of a very high 
grade, corresponding more nearly to those given by the Lowell 
Institute in Boston "; six (in 1907) courses in co-operation with 
the Board of Education of New York city, which, upon Mayor 
Hewitt's suggestion, made an appropriation for this work in 



GO-OPTATION— COORG 



9* 



ittr-t888, and extended such lecture courses to different parts 
of the city, ail under the direction (after xSeo) of Henry M. 
Leipcger (b. 1854), and several courses dealing especially with 
social and political subjects, and including, besides lectures and 
recitals, ptsblk meetings for the discussion of current problems. 
0O-OPTATK» (from LaL ahopbre; less correctly "co- 
option ") , the election to vacancies on a. legislative, administrative 
or other body by the votes of the existing members of the body, 
instead of by an outside constituency. Such bodies may be 
paroly co-optative, as the Royal Academy, or may be elective 
with power toadd to the numbers by co-optation, as municipal 



COQRG (an. anglicised corruption of Kodagu, said to be derived 
from the Kanarese Kudu, " steep/' " hilly "), a province of India, 
adaunistercd by a commissioner, subordinate to the spvernor- 
general through the resident of Mysore, who Is officially also 
crnef co m m issi oner of Coorg. It lies in the south of the peninsula, 
on the plateau of the Western Ghats, sloping inland towards 
Mysore. It is an attractive field of coffee cultivation, though 
the greater part is still under forest, but the prosperity of the 
industry has declined since 1891. The administrative head- 
quarters are at Mercars (pop. 6733). Coorg is the smallest 
province in India, its area being only 1583 sq. m. Of this 
amount about 1000 sq. m. consist of ghat, reserved and other 
forests. Coorg was constituted a province not on account of 
its siae, but on account of its isolation. It lies at the top of the 
Western Ghats, and is cut off by them from easy communication 
with the British districts of South Kanara and Malabar, which 
form its western and southern boundaries, while on its other 
sides it is surrounded by the native state of Mysore. It is a 
mountainous district, presenting throughout a series of wooded 
lulls and deep valleys; the lowest elevations are 3000 ft above 
sea-level. The loftiest peak, Tadiandamol, has an altitude of 
57*9 ft.; Pushpagiri, another peak, is 5626 ft high. The prin- 
cipal river is the Cauvery, which rises on the eastern side of 
the Western Ghats, and with its tributaries drains the greater 
part of Coorg. Besides these there are several large streams 
that take their rise in Coorg. In the rainy season, which lasts 
daring the continuance of the southwest monsoon, or from June 
to the end of September, the rivers flow with violence and great 
rapidity. la July and August the rainfall is excessive, and the 
month of November is often showery. The yearly rainfall may 
exceed 160 in.; in the dense jungle tract it reaches from 120 to 
150; in the bamboo district in the west from 60 to 100 in. The 
climate, though humid, is on the whole healthy; it is believed 
to have been rendered hotter and drier by the clearing of forest 
land. Coorg has an average temperature of about 6o° F„ the 
extremes being $a° and 82 . The hottest season is in April and 
May. In the direction of Mysore the whole country is thickly 
wooded; but to the westward the forests are more open. The 
flora of the jungle includes MichtKa (Chumpak), Mesua (Iron- 
wood), Diospyres (Ebony and other specks), Cedrcla loona 
(White cedar), Ckkkrassia tubulcris (Red cedar), CaiophyUum 
augusHfolium (Poon spar), Canarwm tlricktm (Black Dammar 
tree), Artozarpus, Dipkrocarpus, Garcirtia, Euonymus, Citato- 
momum titers, MyrisHca, Vaccinntm, Myrtauae, Metastomaceae, 
Rubus (three species) , and a rose. In the undergrowth are found 
cardamom, areca, plantain, canes, wild pepper, tree and other 
ferns, and arums. In the forest of the less thickly-wooded 
bamboo country in the west of Coorg the trees most common 
are the Dolbergia lalifoHa (Black wood), PUrocarpus marsupium 
(Kino tree), Terminaiia coriaeea (Mutti), Lagerstrdmia parvijiora 
(Benteak), Conocarpus Idlifotims (Dindul), Basra latifolia, Btdea 
frondoso, Naudta porriflora, and several acacias, with which, in 
the eastern part of the district, teak and sandalwood occur. 
Among the fauna may be mentioned the elephant, tiger, tiger- 
cat, cheetah or hunting leopard, wild dog, elk, bison, wild boar, 
several species of deer, hares, monkeys, the buceros and various 
other birds, the cobra di capello, and a few alligators. The most 
interesting antiquities of Coorg are the earth redoubts or war- 
trenches (kadangas), which are from 15 to 25 ft. high, and provided 
with a ditch 10 ft deep by 8 or 10 ft. wide. Their linear extent is 



reckoned at between 500 and 600 m. They are mentioned in 
inscriptions of the oth and 10th centuries. The exports of 
Coorg are mainly rice, coffee and cardamoms; and the only 
important manufacture is a kind of coarse blanket Fruits of 
many descriptions, especially oranges, are produced in abund- 
ance, and are of excellent quality. 

In 1001 the population was 1804607, showing an increase of 
4*4 % in the decade. Of the various tribes inhabiting Coorg, 
the Coorgs proper, or Kodagas, and the Yeravas, or Eravas, both 
special to the country, are the most numerous. The Kodagas 
(3o\ooi) are. a hght<oloured race of unknown origin. They 
constitute a highland dan, free from the trammels of caste, and 
they have the manly bearing and independent spirit natural in 
men who have been from time immemorial the lords of the soiL 
Their religion consists of ancestor and demon-worship, with a 
certain admixture of Brahman Cults. The men are by tradition 
warriors and hunters, and while they will plough the fields and 
reap the rice,they leave all menial work to the women and servants. 
They speak Kodagu, a dialect of Hala Kannada or old Kanarese, 
midway between that and Malayalam. It has been asserted 
that the institution of polyandry was prevalent among them, 
according to which the brothers of a family had their wives in 
common. But if this institution ever existed it no longer does 
so. The Yeravas (14*586) are a race of an altogether inferior 
type, dark-skinned and thick-lipped, resembling the Australian 
aborigines who possibly, according to one theory, may have 
sprung from the same Dravidian stock (see Australia: A her* 
igi$§es). Though now nominally free, they were, before the 
establishment of British rule, the hereditary praedial slaves of 
the Kodagas. Some of them live a primitive life in the jungle, 
but the majority earn a livelihood as coolies. They are demon* 
worshippers, their favourite deity being KaringaK (black Kali). 
Their language, a dialect of Malayalam, is peculiar to them. 
Among the other tribes or castes special toCoorg are the Heggades 
(1503 in 1001), cultivators from Malabar; the Ayiri (808), who 
constitute the artisan caste; the Medas (584), who are basket* 
and mat-makers, and act as drummers at feasts; the Binepetta 
(98), originally wandering musicians from Malabar, now agri- 
culturists; the Kavadl (49), cultivators from Yedenalknid; 
all these speak the Coorg language, wear the Coorg dress, and 
conform, more or less, to Coorg customs. Other tribes are not 
special to Coorg. Of these the Holeyas (27,000) are the most 
numerous. They are divided into four sections: Badagasfrom 
Mysore, Kembattis and Maringis from Malabar, Kukkas from 
S. Kanara. They were formerly the slaves of the Kodagas and 
now act as their menials. The Lingayats (8700) are rather a 
religious sect than a tribe. Of the Tula (farmer) class the 
Gaudas (t 1 ,900) , who live principally along the western boundary, 
are the most important; they speak Tulu and wear the Coorg 
dress. Other castes and tribes are the Tiyas ( x 500) and Nayars 
(1400), immigrants from Malayalam; the Vcllala (1300), who 
are Tamils, the Mahrsttas (2400) and Brahmans (sioo). Of 
the Mussulmans the most numerous are the Moplahs (6700) and 
the Shaikhs (4400), both chiefly traders. Of native Christians 
there are upwards of 3000. The official language of Coorg, 
which is that spoken by 45 % of the population, is Kanarese 
(Kannada), the Coorg language (Kodagu) coming next. The 
Coorg dress is very picturesque, its characteristics being a long 
coat (Kupasa), of dark*colourtd cloth, reaching below the knees, 
folded across and confined at the waist by a red or blue girdle. 
The sleeves are cut off below the elbow, showing the arms of a 
white shirt The head-dress is a red kerchief, or a peculiar 
large, flat turban, covering the back of the neck. The Coorg 
also carries a short knife, with an ivory or silver hilt, fastened 
with silver chains and stuck into the girdle. A large, broa^L- 
bladed waist knife, akin to the kukri of the Gurkhas, worn at 
the back, point upwards, was lormerly a formidable weapon 
in hand-to-hand fighting, but is now used only for exhibitions 
of strength and skill on festive occasions. 

The chief crops are rice and coffee. Some abandoned coffee 
land has been planted with tea as an experiment The culUva 
tion of cinchona has proved unprofitable. There is no railway 



9 2 



COORNHERT— COOT 



There are no colleges, but twenty-four scholarships are given 
to rmint«n Coorg students at colleges in Madras and Mysore. 
There are secondary schools at Mercara and Virarajendrapet. 

The early accounts of Coorg are purely legendary, and it was 
not till the 9th and xoth centuries that its history became the 
subject of authentic record. At this period, according to in- 
scriptions, the country was ruled by the Gangas of TalakAd, 
under whom the Changalvas, kings of Changa-nad, styled later 
kings of Nanjarayapatna or Nanjarajapatna, held the east and 
part of the north of Coorg, together with the Hunsur taluk in 
Mysore. After the overthrow, in the nth century, of the Ganga 
power by the Cholas, the Changalvas became tributary to the 
latter. When the Cholas in their turn were driven from the 
Mysore country by the Hoysalas, in the xath century, the 
Changalvas held out for independence; but after a severe 
struggle they were subdued and became vassals of the Hoysala 
kings. In the 14th century, after the fall of the Hoysala rule, 
they passed under the supremacy of the Vijayanagar empire. 
During this period, at the beginning of the r6th century, Nanja 
Raja founded the new Changalva capital Nanjarajapatna. In 
1589 Piriya Raja or Rudragana rebuilt Singapatna and renamed 
it Piriyapatna (Periapatam). The power of the Vijayanagar 
empire had, however, been broken in x 565 by the Mahommedans; 
in 1610 the Vijayanagar viceroy of Seringapatam was ousted 
by the raja of Mysore, who in 1644 captured Piriyapatna. Vira 
Raja, the last of the Changalva kings, fell in the defence of his 
capital, after putting to death his wives and children. 

Coorg, however, was not absorbed in Mysore, which was hard 
pressed by other enemies, and a prince of the Ikkcri or Bednur 
family (perhaps related to the Changalvas) succeeded in bringing 
the whole country under his sway, his descendants continuing 
to be rajas of Coorg till 1834. The capital was removed in 168 1 
by Muddu Raja to Madikeri or Mercara. In 1770 a disputed 
succession led to the intervention of Hyder Ali of Mysore in 
favour of Linga Raja, who had fled to him for help, and whom 
he placed on the throne on his consenting to cede certain terri- 
tories and to pay tribute. On Linga Raja's death in 1 780 Hyder 
Ali interned his sons, who were minors, in a fort in Mysore, and, 
under pretence of acting as their guardian, installed a Brahman 
governor at Mercara with a Mussulman garrison. In 178a, 
however,- the Coorgs rose in rebellion and drove out the Mahom- 
medans. Two years later Tippoo Sultan reduced the country; 
but the Coorg* having again rebelled in 1785 he vowed their 
destruction. Having secured some 70,000 of them by treachery, 
he drove them to Seringapatam, where he had them circum- 
cised by force. Coorg was partitioned among Mussulman 
proprietors, and held down by garrisons in four forts. In 1788, 
however, Vira Raja (or Vira Rajendra Wodeyar), with his wife 
and his brothers Linga Raja and Appaji, succeeded in escaping 
from his captivity, at Periapatam and, placing himself at the 
head of a Coorg rebellion, succeeded in driving the forces of 
Tippoo out of the country. The British, who -were about to 
enter on the struggle with Tippoo, now made a treaty with Vira 
Raja; and during the war that followed the Coorgs proved 
invaluable allies. By the treaty of peace Coorg, though not 
adjacent to the East India Company's territories, was included 
in the .cessions forced upon Tippoo. On the spot where he had 
first met the British commander, General Abercromby, the 
raja founded the city of Virarajendrapet 

Vira Raja, who, in consequence of his mind becoming unhinged, 
was guilty towards the end of his reign of hideous atrocities, 
died in 1809 without male heirs, leaving his favourite daughter 
Devammiji as rani. His brother Linga Raja, however, after 
acting as regent for his niece, announced in 181 x his own assump-i 
tion of the government. He died in 1820, and was succeeded by 
his son Vira Raja, a youth of twenty, and a monster of sensuality 
and cruelty. Among his victims were all the members of the 
families of his predecessors, including Devammiji. At last, in 
183 a, evidence of treasonable designs on the raja's part led to 
inquiries on the spot by the British resident at Mysore, as the 
result of which, and of the raja's refusal to amend his ways, a 
British force marched into Coorg in 1834. On the 1 xth of April 



the raja was deposed by Colonel Fraser, the political agent with 
the force, and on the 7th of May the state was formally annexed 
to the East India Company's territory. In x 852 the raja, who 
had been deported to Vellore, obtained leave to visit England 
with his favourite daughter Gauramma, to whom he wished to 
give a European education. On the 30th of June she was 
baptized, Queen Victoria being one of her sponsors; she after- 
wards married a British officer who, after her death in 1864, 
mysteriously disappeared together with their child. Vira Raja 
himself died in 1863, and was buried in Kensal Green cemetery. 

The so-called Coorg rebellion of 1837 was really a rising of the 
Gaudas, due- to the grievance felt in having to .pay taxes in' 
money instead of in kind. A man named Virappa, who pre- 
tended to have escaped from the massacre of 1820, tried to take 
advantage of this to assert his claim to be raja, but the Coorgs 
remained loyal to the British and the attempt failed. In x86x, 
after the Mutiny, the loyalty of the Coorgs was rewarded by their 
being exempted from the Disarmament Act. 

See " The Coorgs and Yeravas," by T. H. Holland in the Jbrniul 
of the Asiatic Society of Bengal, vol hoc part iii. No- 2 (loot); 
Rev. G. Ricbtcr, Castes and Tribes found %n the Product of Coorg 
(Bangalore, 1887); Imperial Gazetteer of India (Oxford, 1908), 
vol. xi. s.v., where, besides an admirable account of the country 
and its inhabitants, the history of Coorg is dealt with in some detail. 

COORNHERT, DIRCK VOLCKERTSZOOH (1522-1500), Dutch 
politician and theologian, youngest son of Volckert Coorahert, 
cloth merchant, was born at Amsterdam in 1522. As a child he 
spent some years in Spain and Portugal Returning home, he 
was disinherited by his father's will, for his marriage with Cornelia 
(Neeltje) Simons, a portionless gentlewoman. He took for a 
time the post of major-domo to Reginald (Reinoud), count of 
Brederode. Soon he settled in Haarlem, as engraver on copper, 
and produced works which retain high values. Learning Latin, 
he published Dutch translations from Cicero, Seneca and Boetius. 
He was appointed secretary to the dty (1562) and secretary to 
the burgomasters (1564). Throwing himself into the struggle 
with Spanish rule, he drew up the manifesto of William of 
Orange (1566). Imprisoned at the Hague (1568), be escaped 
to Clcves, where he maintained himself by his art. Recalled 
in 1572, he was secretary of state for a short time; his aversion 
to military violence led him to return to Qeves, where William 
continued to employ his services and his pen. As a religious 
man, he wrote and strove in favour of tolerance, being decidedly 
against capital punishment for heretics. He had no party views; 
the Heidelberg catechism, authoritative in Holland, he criticized. 
The great Arminius, employed to refute him, was won over by 
his arguments. He died at Gouda on the 29th of October 1590. 
His Dutch version of the New Testament, following the Latin of 
Erasmus, was never completed; His works, in prose And verse, 
were published in 1630, 3 vols. 

See F. D. J. Moorrees, Dirck Volckertstoon Coondurt (1887): N. 
Delvenne, Biog. des Pays-Bos (1820); A. J. van der Aa, Biog. 
Woordenboek der Nederianden C1855). <A. Go.*) 

COOT, a well-known water-fowl, the Pulica atra of Linnaeus, 
belonging to the family Rallidae or rails. The word coot, in 
some parts of England pronounced cute, or scute, is of uncertain 
origin, but perhaps cognate with scout and scoter— both names 
of aquatic birds— a possibility which seems to be more likely 
since the name " macreuse," by which the coot is known in the 
south of France, being in the north of that country applied to 
the scoter (Ocdemie nigra) shows that, though belonging to very 
different families, there is in popular estimation some connexion 
between the two birds. 1 The Latin Pulica (in polite French, 
Poulque) is probably allied to fuligo, and has reference to the 
bird's dark colour. 1 The coot breeds abundantly in many of 
the larger inland waters of the northern parts of the Old World, 
in winter commonly resorting, and often in great numbers, to 
the mouth of rivers or shallow bays of the sea, where it becomes 
a general object of pursuit by gunners whether for sport or gain. 

1 It is owing to this interchange of their names that Yarrell in bis 
British Birds refers Victor Hugo's description of the " chase aux 
macreuse* " to the scoter instead of the coot. v 

1 Hence also we have Fulix or Fuligula applied to a duck of dingy 
appearance, and thus forming another parallel case. * 



COOTE— COPAIBA 



93 



At other timet of the year it is comparatively unmolested, and 
being very prolific its abundance is easily understood. The nest 
is a large mass of flags, reeds or sedge, piled together among 
rushes in the water or on the margin, and not unfrequently 
contains as many as ten eggs. The young, when first hatched, 
axe beautiful little creatures, clothed in jet-black down, with 
their heads of a bright orange-scarlet, varied with purplish-blue. 
This brilliant colouring is soon lost, and they begin to assume the 
almost uniform sooty-black plumage which is worn for the rest of 
their life; but a characteristic of the adult is a bare patch or 
callosity on the forehead, which being nearly white gives rise 
to the epithet " bald " often prefixed to the bird's name. The 
coot is about 18 in. in length, and will sometimes weigh over 2 lb. 
Though its wings appear to be short in proportion to its size, 
and it seems to rise with difficulty from the water, it is capable 
of long-sustained and rather rapid flight, which is performed 
with the legs stretched out behind the stumpy tail. It swims 
buoyantly, and looks a much larger bird in the water than it 
really is. It dives with ease, and when wounded is said frequently 
to clutch the weeds at the bottom with a grasp so firm as not 
even to be loosened by death. It does not often come on dry 
knd, but when there, marches leisurely and not without a certain 
degree of grace. The feet of the coot are very remarkable, the 
toes being fringed by a lobed membrane, which must be of 
considerable assistance in swimming as well as in walking over 
the ooae— acting as they do like mud-boards. 

In England the sport of coot-shooting is pursued to some 
extent on the broads and back-waters of the eastern counties 
— in Southampton Water and Christchurch Bay— and is often 
oaodnctcd battue-fashion by a number of guns. But even in 
these cases the numbers killed in a day seldom reach more than 
a few hundreds, and come very short of those that fall in the 
omaalry-organized ckasses of the lakes near the coast of Langue- 
doc and Provence, of which an excellent description is given by 
the Vtcomte Louis de Dax (Nouveaux Souvenirs de ckosse, &&, 
pp. 53-65; Paris, i860). The flesh of the coot is very variously 
regarded as food. To prepare the bird for the table, the feathers 
should be stripped, and the down, which is very dose, thick and 
hard to pluck, be rubbed with powdered resin; the body is then 
to be clipped in hotting water, which dissolving the resin causes 
It to mix with the down, and then both can be removed together 
with tolerable ease. After this the bird should be left to soak 
for the night in cold spring-water, which will make it look as 
white and delicate as a chicken.. Without this process the skin 
after roasting is found to be very oily, with a fishy flavour, and 
if the akin be taken off the flesh becomes dry and good for nothing 
(Hawker's Instructions to Young Sportsmen: Hele's Notes about 
Aldeburgh). 

The coot is found throughout the Palaearctic region from 
Iceland to Japan, and in most other parts of the world is repre- 
sented by nearly allied species, having almost the same habits. 
An African species (P. cristate), easily distinguished by two 
red knobs on its forehead, is of rare appearance in the south 
of Europe. The Australian and North American species (F. 
atatralis and F. amerkona) have very great resemblance to the 
English bird; but in South America half-a-dozen or more 
additional species are found which range to Patagonia, and vary 
much in size, one (F. giganka) being of considerable magni- 
tude. The remains of a very large species (F. newioni) were dis- 
covered in Mauritius, where it must have been a contemporary 
of th e dod o, but like that bird is now extinct. (A. N.) 

COOTE, SIR EYRE (1726-1783), British soldier, the son of 
a clergyman, was born near Limerick, and entered the 27th 
regiment. He saw active service in the Jacobite rising of 1745, 
and some years later obtained a captaincy in the 39th regiment, 
which was- the first British regiment sent to India. In 1756 a 
part of the regiment, then quartered at Madras, was sent forward 
to join Ctivc in his operations against Calcutta, which was re- 
occupied without difficulty, and Cootc was soon given the local 
rank of major for his good conduct in the surprise of the Nawab's 
camp. Soon afterwards came the battle of Plassey, which would 
in all probability not have taken place but for Cootc's soldierly 



advice at the council of war; and after the defeat of the Nawab 
he led a detachment in pursuit of the French for 400 m. under 
extraordinary difficulties. His conduct won him the rank of 
lieutenant-colonel and the command of the 84th regiment, 
newly-raised for Indian service, but his exertions seriously 
injured his health. In October 1759 Cootc's regiment arrived 
to take part in the decisive struggle between French and English 
in the Carnatic He took command of the forces at Madras, 
and in 1760 led them in the decisive victory of Wandiwash 
(January as). After a time the remnants of LalJy's forces 
were shut up in Pondicherry. For some reason Coote was not 
entrusted with the siege operations, but he cheerfully and loyally 
supported Monson, who brought the siege to a successful end 
on the 15th of January 1761. Soon afterwards Coote was given 
the command of the East India Company's forces in Bengal, 
and conducted the settlement of a serious dispute between the 
Nawab Mir Cassim and a powerful subordinate, and in 1762 he 
returned to England, receiving a jewelled sword of honour from 
the Company and other rewards for his great services. In 1 771 
he was made a K.B. In x 7 79 he returned to India as lieutenant- 
general commanding in chief. Following generally the policy 
of Warren Hastings, he nevertheless refused to take sides in the 
quarrels of the council, and made a firm stand in all matters 
affecting the forces. Hyder Ali's progress in southern India 
called him again into the field, but his difficulties were very 
great and it was not until the xst of June 1781 that the crushing 
and decisive defeat of Porto Novo struck the first heavy blow 
at Hyder's schemes. The battle was won by Coote under most 
unfavourable conditions against odds of five to one, and is 
justly ranked as one of the greatest feats of the British in India. 
It was followed up by another hard-fought battle at Pollilur 
(the scene of an earlier triumph of Hyder over a British force) 
on the 37th of August, in which the British won another success, 
and by the rout of the Mysore troops at Sholingarh a month 
later. His last service was the arduous campaign of 178a, 
which finally shattered a constitution already gravely impaired 
by hardship and exertions. Sir Eyre Coote died at Madras on 
the 28th of April 1783. A monument was erected to him in 
Westminster Abbey. 

For a short biography of Coote see Tmehe British Soldiers (ed. 
Wilkinson, London, 1899), and for the battles of Wandewash and 
Porto Novo, consult Malteson, Decisive Battles of India (London, 
1883). An account of Coote may be found in Wilk's Historical 
Sketches of Mysore (1810). 

COPAIBA, or Copaiva (from Brazilian cupauba), an oleo-resin 
— sometimes termed a balsam — obtained from the trunk of the 
Copaifera Lansdorjii (natural order Leguminosae) and from 
other species of Copaifera found in the West Indies and in the 
valley of the Amazon. It is a somewhat viscous transparent 
liquid, occasionally fluorescent and of a light yellow to pale 
golden colour. The odour is aromatic and very characteristic, 
the taste acrid and bitter. It is insoluble in water, but soluble 
in absolute alcohol, ether and the fixed and volatile oils. Its. 
approximate composition is more than 50% of a volatile oil 
and less than 50% of a resin. The pharmacopoeias contain 
the oleo-resin itself, which is given in doses of from a half to one 
drachm, and the oleum a>paibae t which is given in doses of from 
five to twenty minims, but which is inferior, as a medicinal agent, 
to the oleo-rcsin. Copaiba shares the pharmacological characters 
of volatile oils generally. Its distinctive features are its disagree- 
able taste and the unpleasant eructations to which it may give 
rise, its irritant action on the intestine in any but small doses, 
its irritant action on the skin, often giving rise to an erythematous 
eruption which may be mistaken for that of scarlet fever, and 
its exceptionally marked stimulant action on the kidneys. In 
large doses this last action may lead to renal inflammation. The 
resin is excreted in the urine and is continually mistaken for 
albumin since it is precipitated by nitric acid, but the precipitate 
is re-dissolved, unlike albumin, on heating. Its nasty taste, its 
irritant action on the bowel, and its characteristic odour in the 
breath, prohibit its use— despite its other advantages— in all 
diseases but gonorrhoea. For this disease it is a valuable 



94 

tfemedy, but it must not be administered until the acute symptoms 
have subsided, else it will often increase them. It is best given 
in cachets or in three times its own bulk of mucilage of acacia. 
Various devices are adopted to disguise its odour in the breath. 
The clinical evidence clearly shows that none of the numerous 
vegetable rivals to copaiba is equal to it in therapeutic value. 

COPAL (Mexican copalli, incense), a hard lustrous resin, 
varying in hue from an almost colourless transparent mass to a 
bright yellowish-brown, having a conchoidal fracture, and, when 
dissolved in alcohol, spirit of turpentine, or any other suitable 
menstruum, forming one of the most valuable varnishes. Copal 
is obtained from a variety of sources; the term is not uniformly 
applied or restricted to the products of any particular region or 
series of plants, but is vaguely used for resins which, though, 
very similar in their physical properties, differ somewhat in 
their constitution, and are altogether distinct as to their source. 
Thus the resin obtained from Trachylobium Hornemannianum is 
known in commerce as Zanzibar copal, or gum anime'. Mada- 
gascar copal is the produce of T. verrucosum. From Guibourtia 
copatlifcra is obtained Sierra Leone copal, and another' variety 
of the same resin is found in a fossil state on the west coast of 
Africa, probably the produce of a tree now extinct. From 
Brazil and other South American countries, again, copal is 
obtained which is yielded by Trachylobium M or tianum^Hymenaca 
Courbaril, and various other species, while the dammar resins 
and the piney varnish of India are occasionally classed and 
spoken of as copal. Of the varieties above enumerated by far 
the most important from a commercial point of view is the 
Zanzibar or East African copal, yielded by Trachylobium Home- 
mannianum. The resin is found in two distinct conditions: 
(t) raw or recent, called by. the inhabitants of the coast sanda- 
rusiza miti or chakazi, the latter name being corrupted by 
Zanzibar traders into " jackass " copal; and (a) ripe or true 
Copal, the sandarusi inti of the natives. The raw copal, which 
is obtained direct from the trees, or found at their roots or near 
the surface of the ground, is not regarded by the natives as of 
much value, and does not enter into European commerce. It 
Is sent to India and China, where it is manufactured into a 
coarse kind of varnish. The true or fossil copal is found embedded 
in the earth over a wide belt of the mainland coast of Zanzibar, 
on tracts where not a single tree is now visible. The copal is not 
found at a greater depth in the ground than 4 ft., and It is 
seldom the diggers go deeper than about 3 ft. It occurs in 
pieces varying from the size of small pebbles up to masses of 
several ounces in weight, and occasionally lumps weighing 4 
or 5 lb have been obtained. After being freed from foreign 
matter, the resin is submitted to various chemical operations 
for the purpose of clearing the " goose-skin," the name given 
to the peculiar pit ted-like surface possessed by fossil copal. 
The goose-skin was formerly supposed to be caused by tbe 
impression of the small stones and sand of the soil into which 
the soft resin fell in its raw condition; but it appears that the 
copal when first dug up presents no trace of the goose-skin, the 
subsequent appearance of which is due to oxidation or inter- 
molecular change. 

COPALITE, or Copalinc, also termed "fossil resin" and 
" Highgate resin/' a naturally occurring organic substance 
found as irregular pieces of pale-yellow colour in the London 
clay at Highgate Hill. It has a resinous aromatic odour when 
freshly broken, volatilizes at a moderate temperature, and burns 
Teadily with a yellow, smoky flame, leaving scarcely any ash. 

COP AN, an ancient ruined city of western Honduras, near the 
Guatemalan frontier, and on the right bank of the Rio Copan, a 
tributary of the Motagua. For an account of its elaborately 
sculptured stone buildings, which rank among the most cele- 
brated monuments of Mayan civilization, see Central Amesica: 
Archaeology. The city is sometimes regarded as identical with 
the Indian stronghold which, after a heroic resistance, was 
stormed by the Spaniards, under Hernando de Chaves, in 1530. 
It has given its name to the department in which it is situated. 

COPARCENARY (co-, with, and parcener, i.e. sharer; from 
O. Fr. parcpnier, Lat. partitio, division), in law, the descent of 



COPAL— COPE, E. M. 



lands of inheritance from an ancestor to two or more persons 
possessing an equal title to them. It arises either by common 
law, as where an ancestor dies intestate, leaving two or more 
females as his co-heiresses, who then take as coparceners or 
parceners; or, by particular custom, as in the case of gavelkind 
lands, which descend to all males in equal degrees, or in de- 
fault of males, to all the daughters equally. These co-heirs, or 
parceners, have been so called, says Littleton (§ 241), "because 
by writ the law will constrain them, that partition shall be made 
among them." Coparcenary so far resembles joint tenancy in 
that there is unity of title, interest and possession, but whereas 
joint tenants always claim by purchase, parceners claim by 
descent, and although there is unity of interest there is no 
entirety, for there is no jus accrescendi or survivorship. Co- 
parcenary may be dissolved (a) by partition; (b) by alienation 
by one coparcener; (c) by all the estate at last descending to one 
coparcener, who thenceforth holds in severalty; (</) by a com- 
pulsory partition or sale under the Partition Acts. 

The term " coparcenary " is not in use in the United States, 
joint heirship being considered as tenancy in common. 

COPE, EDWARD DRINKER (1840-1897), American palaeon- 
tologist, descended from a Wiltshire family who emigrated about 
1687, was born in Philadelphia on the 28th of July 1840. At 
an early age he became interested in natural history, and in 1859 
communicated a paper on the Salamandridae to the Academy 
of Natural Sciences at Philadelphia. He was educated partly 
in the University of Pennsylvania, and af(er further study and 
travel in Europe was in 1865 appointed curator to the Academy 
of Natural Sciences, a post which he held till 1873. In 1864-07 
he was professor of natural science in Haverfoxd College, and 
in 1889 he was appointed professor of geology and palaeon- 
tology in the University of Pennsylvania. To the study of the 
American fossil vertebrata he gave his special attention. From 
1871 to 1877 he carried on explorations in the Cretaceous strata 
of Kansas, the Tertiary of Wyoming and Colorado; and in 
course of time he made known at least 600 species and many 
genera of extinct vertebrata new to science. Among these were 
some of the oldest known mammalia, obtained in New Mexico. 
He served on the U.S. Geological Survey in 1874 in New Mexico, 
in 1875 in Montana, and in 1877 m Oregon and Texas. He was 
also one of the editors of the American Naturalist. He died 
in Philadelphia on the 12th of April 1897. 

Publications.— Reports for U.S. Geological Survey on Eocene 
Vertebrata of Wyoming (1872); on Vertebrata of Cretaceous Forma' 
lions of the West (187$); Vertebrata of the Tertiary Formations of 
the West (1884) ; The Origin of the Fittest: Essays on Evolution (NcW 
York, 1887): The Primary Factors of Organic Evolution (Chicago, 
1896). Memoir by Miss Helen D. King, An—' — *•--*---•-- » 
1899 (with portrait and bibliography); also 1 



1896). Memoir by Miss Helen D. King, American Geologist, Jan. 
1899 (with portrait and bibliography); also memoir by, P. Fraaer, 
American Geologist, Aug. 1900 (with portrait). 



COPE, EDWARD MEREDITH (1818-1873), English classical 
scholar, was born in Birmingham on the 28th of July 1818. He 
was educated at Ludlow and Shrewsbury schools and Trinity 
College, Cambridge, of which society he was. elected fellow in 
1842, having taken his degree in 1 841 as senior classic. He was 
for many years lecturer at Trinity, his favourite subjects being 
the, Greek tragedians, Plato and Aristotle. When the professor- 
ship of Greek became vacant, the votes were equally divided 
between Cope and B. H. Kennedy, and the latter was appointed 
by the chancellor: It is said that the keenness of Cope's dis- 
appointment was partly responsible for the mental affliction 
by which he was attacked in 1869, and from which he never 
recovered. He died on the 5U1 of August 1873. As his published 
works show, Cope was a thoroughly sound scholar, with perhaps 
a tendency to over-minuteness. He was the author of An 
Introduction to Aristotle's Rhetoric (1867), a standard work", The 
Rhetoric of Aristotle, with a commentary, revised and edited by 
J. E. Sandys (1877); translations of Plato's Gorgias (2nd ed., 
1884) and- Phacda (revised by H. Jackson, 1875)*. Merit ion 
may also be- made of his criticism of Grate's account of the 
Sophists, in the Cambridge Journal of Classical Philology, vols. i. t 
ii., iii. (1 854-1857). 

■ The chic? authority for the facts of Cope's life Is the memoir pre- 
fixed to vol. i, of his edition of The Rhetoric of Aristotle. 



COPE 



95 



COPB (M.E. cape, cope, from Med; Lat. capo, cappa), a 
liturgical vestment of the Western Church. The word " cope/' 
now confined to this sense, was in its origin identical with " cape " 
and " cap/' and was used until comparatively modern times also 
for an out-door cloak, whether worn by clergy or laity. This, 
indeed, was its original meaning, the cappa having been an outer 
garment common to men and women whether clerical or lay (see 
Du Cange, Clossarium, s.v.). The word pluvial* (rain-cloak), 
which the cope bears in the Roman Church, is exactly, parallel 
so far as change of meaning is concerned. In both words the 
etymology reveals the origin of the vestment, which is no more 
than a glorified survival of an article of clothing worn by all and 
sundry in ordinary life, the type of which survives, e.g. in the 
ample hooded cloak of Italian military officers. This origin is 
dearly traceable in the shape and details of the cope. When 
spread out this forms an almost complete semicircle. Along the 
straight edge there is usually a broad band, and at the neck is 
attached the " hood " (in Latin, the clyptus or shield), i.e. a 
shield-shaped piece of stuff which hangs down over the back. 
The vestment is secured in front by a broad tab sewn on to one 
side and fastening to the other with hooks, sometimes also by a 
brooch (called the morse, Lat. morsus). Sometimes the morse 
is attached as a mere ornament to the cross-piece. The cope 
tiros preserves the essential shape of its secular original, and 
even the hood, though now a mere ornamental appendage, is a 
survival of an actual hood. The evolution of this latter into its 
present form was gradual; first the hood became too small for 
use, then it was transformed into a small triangular piece of stuff 
(13th century), which in its turn grew (14th and 15th centuries) 
into the shape of a shield (see Plate II., fig. 4), and this again, 
losing its pointed tip in the 17th century, expanded in the 18th 
into a flap which was sometimes enlarged so as to cover the 
whole back down to the waist. In its general effect, however, 
a cope now no longer suggests a " waterproof." It is sometimes 
elaborately embroidered all over; more usually it is of some rich 
materia], with the borders in front and the hood embroidered, 
while the morse has given occasion for some of the most beautiful 
examples of the goldsmith's and jeweller's craft (see Plate II., 
figs. 5, 6). 

The use of the cope as a liturgical vestment can be traced to 
the end of the 8th century: a pluvialc is mentioned in the 
foundation charter of the monastery of Obona in Spain. Before 
this the so-called cappa choralis, a black, bell-shaped, hooded 
vestment with no liturgical significance, had been worn by the 
secular and regular clergy at choir services, processions, &c 
This was in its origin identical with the chasuble (q.v.), and if, 
as Father Braun seems to prove, the cope developed out of this, 
cope and chasuble have a common source. 1 Father Braun cites 
numerous inventories and the like to show that the cope (pluvialc) 
was originally no more than a more elaborate cappa worn on 
high festivals or other ceremonial occasions, sometimes by the 
whole religious community, sometimes— if the stock were 
limited— by those, e.g. the cantors, &c, who were most con- 
spicuous in the ceremony. In the 10th century, partly under 
the influence of the wealthy and splendour-loving community 
of Cluny, the use of the cope became very widespread; in the 
nth century it was universally worn, though the rules for its 
ritual use had not yet been fixed. It was at this time, however, 
par excellence the vestment proper to the cantors, choirmaster 
and singers, whose duty it was to sing the invitalorinm, responses, 
eVc, at office, and the inlroitus, graduate, &c, at Mass. This use 
survived in the ritual of the pre-Reformation Church in England, 
and has been introduced in certain Anglican churches, e.g. 
St Mary Magdalen's, Munster Square, in London. 

»This derivation, suggested also by Dr Legg (Arckaed. Journal, 
5.1. P- 39* 1894), is rejected by the five bishops in their report to 
Convocation (1908). Their statement, however, that it is ''pretty 
clear that the cope is derived from the Roman lacerna or birrus is 
very much open to criticism. We do not even know what the 
appearance and form of the birrus were; and the question of the 
origin of the cope is not whether it was derived from any garment 
of the time of the Roman Empire, and if so from which, but what 
garment in use in the 8th and 9th centuries it represents. 



By the beginning of the zjth century the liturgical use of the 
cope had become finally fixed, and the rules for this use included 
by Pope Pius V. in the Roman Missal and by Clement VIII. 
in the Pontifical* and Caeremcniale were consequently not new, 
but in accordance with ancient and universal custom. The 
substitution of the cope for the chasuble in many of the functions 
for which the latter had been formerly used was primarily due to 
the comparative convenience of a vestment opened at the front, 
and so leaving the arms free. A natural conservatism preserved 
the chasuble, which by the 9th century had acquired a symbolical 
significance, as the vestment proper to the celebration of Mass; 
but the cope took its place in lesser functions, i.e. the censing of 
the altar during the Magnificat and at Mat tins (whence the 
German name Rauchmantd, smoke-mantel), processions, solemn 
consecrations, and as the dress of bishops attending synods. 

It is clear from this that the cope, though a liturgical, was never 
a sacerdotal vestment. If it was worn by priests, it could also 
be worn by laymen, and it was 
never worn by priests in their 
sacerdotal, ix. their sacrificial, 
capacity. For this reason it was 
not rejected with the "Mass 
vestments" by the English 
Church at the Reformation, in 
spite of the fact that it was in 
no ecclesiastical sense " primi- 
tive." By the First Prayer-book 
of Edward VI., which repre- 
sented a compromise, it was 
directed to be worn as an alter- 
native to the " vestment " (i.e. 
chasuble) at the celebration of 
the Communion; this at least , 
seems the plain meaning of J 
the words "vestment or I 
cope," though they have been « 
otherwise interpreted. In the 

Second Prayer-book vestment 

and cope alike disappear; but „ F|G - 1.— Seventeenth Century 
a cope was worn by the prelate %fiS£ iwn Copc at Wcstm,nstcr 
who consecrated Archbishop 

Parker, and by the " gentlemen " as well as the priests of Queen 
Elizabeth's chapel; and, finally, by the 24th canon (of 1603) a 
" decent cope " was prescribed for the " principal minister " at the 
celebration of Holy Communion in cathedral churches as well as 
for the "gospeller and epistler." Except at royal coronations, 
however, the use of the cope, even in cathedrals, had practically 
ceased in England before the ritual revival of the 19th century 
restored its popularity. The disuse implied no doctrinal change; 
the main motive was that the stiff vestment, high in the neck, 
was incompatible with a full-bottomed wig. Scarlet copes with 
white fur hoods have been in continuous use on ceremonial 
occasions in the universities, and are worn by bishops at the 
opening of parliament. 

With the liturgical cope may be classed the red mantle (man- 
turn), which from the nth century to the close of the middle ages 
formed, with the tiara, the special symbol of the papal 
dignity. The immantatio was the solemn investiture **• 
of the new pope immediately after his election, by „JEtum. 
means of the cappa rubea, with the papal powers. ' 
This ceremony was of great importance. In the contested 
election of 1 150, for instance, though a majority of the cardinals 
had elected Cardinal Roland (Alexander III.), the defeated 
candidate Cardinal Octavian (Victor IV.), while his rival was 
modestly hesitating to accept the honour, seized the pluviale 
and put it on his own shoulders hastily, upside down; and it 
was on this ground that the council of Pavia in 1160 based their 
declaration in favour of Victor, and anathematized Alexander. 
The immantatio fell out of use during the papal exile at Avignon 
and was never restored. 

It will be convenient here to note other vestments that have 
developed out of the cappa. The cappa choralis has already 



9 6 



COPELAND— COPENHAGEN 



been mentioned; it survived as a choir vestment that in winter 
took the place of the surplice, rochet or almuce. In the i ath 
century it was provided with arms {cappa monicata), 
JJV but the use of this form was forbidden at choir services 
^H^ Lm and other liturgical functions. From the hood of the 
cappa was developed the almuce (q.v.). At what 
date the cappa ckoralis developed into the cappa magna, a 
non-liturgical vestment peculiar to the pope, cardinals, bishops 
and certain privileged prelates, is not known; but mention of it 
is found as early as the 15th century. This vestment is a loose 
robe, with a large hood (lined with fur in winter and red silk in 
summer) and a long train, which is carried, by a cleric called the 
candatcrius. Its colour varies with the hierarchical rank of the 
wearer.-— red for cardinals, purple for bishops, &c; or, if the 
dignitary belong to a religious order, it follows the colour of the 
habit of the order. The right to wear a violet cappa magna is 
conceded by the popes to the chapters of certain important 
cathedrals, but the train in this case is worn folded over the 
left arm or tied under it. It may only be worn by them, more- 
over, in their own church, or when the chapter appears elsewhere 
in its corporate capacity. 

Lastly, from the cappa is probably derived the mo&etta, a short 
cape with a miniature hood, fastened down the front with 
buttons. The name is derived from the Italian 
moM$0tUu **owe> to cut off, and points to its being an abbrevi- 
ated cappa, as' the episcopal " apron " is a shortened 
cassock. It is worn over the rochet by the pope, cardinals, 
bishops and prelates, the colours varying as in the case of the 
cappa magna. Its use as confined to bishops can be traced to 
the x6th century. 

See Joseph Braun, S. J., Die liturgisch* Gewan&unt (Freiburg im 
Breisgau, 1907) ; also the bibliography to the article vestments. 

(W« A. P.) 

COPELAND, HENRY, an x8th century English cabinet-maker 
and furniture designer. He appears to have been the first 
manufacturing cabinet-maker who published designs for furni- 
ture. A New Book of Ornaments appeared in 1746, but it is not 
clear whether the engravings with this title formed part of a 
book, or were issued only in separate plates; a few of the 
latter are all that are known to exist Between 2752 and 1769 
several collections of designs were produced by Copeland in 
conjunction with Matthias Lock; in one of them Copeland is 
described as of Cheapside. Some of the original drawings are in 
the National Art library at the Victoria and Albert Museum. 
Copeland was probably the originator of a peculiar type of chair- 
back, popular for a few years in the middle of the 18th century, 
consisting of a series of interlaced circles. Much of his work has 
been attributed to Thomas Chippendale, and it is certain that 
one derived many ideas from the other, but which was the 
originator and which the copyist is by no means dear. The 
dates of Copeland's birth and death are unknown, but he was 
still living in 1768. 

COPENHAGEN (Danish Kjdbenkovn), the capital of the 
kingdom of Denmark, on the east coast of the island of Zealand 
(Sjaeiland) at the southern end of the Sound. Pop. (1001) 
400.S75- The latitude is approximately that of Moscow, Berwick- 
on-Tweed and Hopedale in Labrador. The nucleus of the city 
Is built on low-lying ground on the east coast of the island of 
Zealand, between the sea and a series of small freshwater lakes, 
known respectively as St Jorgens So, Pebkngs So and Sortedams 
S0, r southern portion occupying the northern part of the island 
of Amager. An excellent harbour is furnished by the natural 
channel between the two islands; and communication from one 
division to the other is afforded by two bridges— the Langebro 
and the Knippelsbro, which replaced the wooden drawbridge 
built by Christian IV. in 1620. The older city, including both 
the Zealand and Amager portions, was formerly surrounded 
by a complete line of ramparts and moats; but pleasant boule- 
vards and gardens now occupy the westward or landward site 
of fortifications. Outside the lines of the original city (about 
5 m. in circuit), there arc extensive suburbs, especially on the 
Zealand side (Gsterbro, Norrebro and Vesterbro or OsterfoUed, 



&c, and Frederiksberg), and Amagerbro to the. south of 
Christianshavn. 

The area occupied by the inner city is known as Gammelsholm 
(old island). The main artery is the Gothertgade, running front 
Kongens Nytorv to the western boulevards, and separating a 
district of. regular thoroughfares and rectangular blocks to the 
north from one of irregular, narrow and picturesque streets to 
the south. Ihe Kongens Nytorv, the focus of the life of the city 
and the centre of road communications, is an irregular open 
space at the head of a narrow arm of the harbour (Nyhavn) 
inland from the steamer quays, with an equestrian statue of 
Christian V. (d. 1609) in the centre*. The statue is familiarly 
known as Hcsten (the horse) and is surrounded by noteworthy 
buildings. The Palace of Charlottenborg, on the east side, 
which takes its name from Charlotte, the wife of Christian V., 
is a huge sombre building, built in 1672. Frederick V. made a 
grant of it to the Academy of Arts, which holds its annual 
exhibition of paintings and sculpture in April and May, in the 
adjacent KunstudstiUing (1883). On the south is the principal 
theatre, the Royal, a beautiful modern -Renaissance building 
(1874), on the site of a former theatre of the same name, which 
dated from 1748. Statues of the poets Ludvig Holberg (d. 1754)* 
and Adam Ohlenschlager (d. 1850), the former by Stein and the 
latter by H. V. Bissen, stand on cither side of the entrance, and 
the front is crowned by a group by King, representing Apollo 
and Pegasus, and the Fountain of Hippocrene. Within, among 
other sculptures, is a relief figure of Ophelia, executed by Sarah 
Bernhardt. Other buildings in Kongens Nytorv are the foreign 
office, several great commercial houses, the commercial bank, 
and the Thotts Palais of c. 1685. The quays of the Nyhavn are 
lined with old gabled houses. 

From the south end of Kongens Nytorv; a street called 
Holmens Kanal winds past the National Bank to the Holmens 
Kirke, or church for the royal navy, originally erected as an 
anchor-smithy by Frederick II., but consecrated by Christian 
IV., with a chapel containing the tombs of the great admirals 
Niels Juel and Peder Tordenskjold, and wood-carving of the 
17th century. The street then crosses a bridge on to the 
Slottsholm, an island divided from the mainland by a narrow 
arm of the harbour, occupied mainly by the Christiansborg 
and adjacent buildings. The royal palace of Christiansborg, 
originally built (1 731-1745) by Christian VI., destroyed by 
fire in 1 704, and rebuilt, again fell in flames in 1884. Fortunately 
most of the art treasures which the palace contained were saved. 
A decision was arrived at in 1003, in commemoration of the 
jubilee of the reign of Christian IX., to rebuild the palace for 
use on occasions of state, and to house the parliament. On the 
Slottsplads (Palace Square) which faces east, is an equestrian 
statue of Frederick VII. There are also preserved the bronze 
statues which stood over the portal of the palace before the fire- 
figures of Strength, Wisdom, Health and Justice, designed by 
Thorvaldsen. The palace chapel, adorned with works by 
Thorvaldsen and Bissen, was preserved from the fire, as was 
the royal library of about 540,000 volumes and 20,000 manu- 
scripts, for which a new building in Christiansgade was designed 
about 1000. 

The exchange (Bdrsen), on the quay to the east, is an ornate 
gabled building erected in 16 10-1640, surmounted by a remark- 
able spire, formed of four dragons, with their heads directed to 
the four points of the compass, and their bodies entwining each 
other till their tails come to a point at the top. To the south 
is the arsenal (Tdjhus) with a collection of ancient armour. 

The Thorvaldsen museum (1830-1848), a sombre building 
in a combination of the Egyptian and Etruscan styles, consists 
of two storeys. In the centre is an open court, containing the 
artist's tomb. The exterior walls are decorated with groups 
of figures of coloured stucco, illustrative of events connected 
with Thorvaldsen's life. Over the principal entrance is the 
chariot of Victory drawn by four horses, executed in bronze 
from a model by Bissen. The front hall, corridors and apart* 
ments are painted in the Pompeian style, with brilliant colours 
and with great artistic skill. The museum contains about 300 



COPE Plate I. 



Fig. 2. — The Syon Cope. (English, 13th Century.) 
The medallions with which it is embroidered contain representations of Christ on the Cross. Christ and St. Mary Magdalene, Christ 
and Thomas, the death of the Virgin, the burial and coronation of the Virgin, St. Michael and the twelve Apostles. Of the latter, four 
survive only in tiny fragments. The spaces between the four rows of medallions arc filled with six-winged cherubim. The ground- 
work of the vestment is green silk embroidery, that of the medallions red. The figures are worked in silver and gold thread and 
coloured silks. The lower border and the orphrey with coats of arms do not belong to the original cope and are of somewhat later 
<fete. The cope belonged to the convent of Syon near Isleworth, was taken to Portugal at the Reformation, brought back early in 
the ipth century to England by exiled nuns and given by them to the Earl of Shrewsbury. In 1864 it was bought by the South 
Kensington Museum. 



Fig. 3. — Cope of Blue Silk Velvet, with Applique" Work and Embroidery. 
In the middle of the orphrey is a figure of Our Lord holding the orb in His left hand and with His right hand raised in benediction. 
To the right are figures of St. Peter. St. Bartholomew and St. Ursula, and to the left, St. Paul, St. John the Evangelist and St. Andrew. 
YJ 1 the hood is a seated figure of the Virgin Mary holding the Infant Saviour. German, early x6th century. (In the Victoria and 
Albert Museum, No. 91, 1904.) 



Plate II. COPE 



Fig. 4. — Cope of Embroidered Purple Silk Velvet. 

In the middle is represented the Assumption of the Virgin; on the hood is a seated figure of the Almighty 

bearing three souls in a napkin. English, about 1500. (In the Victoria and Albert Museum.) 



Fig. 5. — Cope Morse (German, 14th Century) in Fig. 6. — Cope Morse (German, Early 14th Cen- 
the Cathedral at Aix-la-Chapelle. tury) in the Parish Church at Elten. 

(From a photograph by Father Joseph Braun, S. J.) (From a photograph by Father Joseph Braun, S. J.) 



COPENHAGEN 



97 



of Tborvaldsen's works; and in one apartment it his sitting-room 
furniture arranged as it was found at the time of his death in 

On the mainland, immediately west of the Slottsholm; is the 
Prinsena Palais, once the residence of Christian V. and Frederick 
VL when crown princes, containing the national museum. This 
consists of four sections, the Danish, ethnographical, antique 
and numismatic. It was founded in 1807 by Professor Nyerup, 
and extended between 18x5 and 1885 by C. J. Thomsen and 
J. J. A. Worsaae, and the ethnographical collection is among 
the finest in the world. From this point the Raadhusgade leads 
north-west to the combined Nytorv-og-Gammeltorv, where is 
the old townhall (Raadhus, 1815), and continues as the Norcegade 
to the Vor Frne Kirke (Church of our Lady), the cathedral 
church of Copenhagen. This church, the site of which has been 
similarly occupied since the rath century, "was almost entirely 
destroyed in the bombardment of 1807, but was completely 
restored in 2811-1829. The works of Thorvaldsen which it 
contain* constitute its chief attraction. In the pediment is a 
group of sixteen figures by Thorvaldsen, representing John the 
Baptist preaching in the wilderness; over the entrance within 
the portico is a bas-relief of Christ's entry into Jerusalem; on 
one side of the entrance is a statue of Moses by Bissen, and on 
the other a statue of David by Jerichau. In a niche behind 
the altar stands a colossal marble statue of Christ, and 
marble statues of the twelve apostles adorn both sides of the 
church. 

Immediately north of Vor Frue Kirke is the university, 
founded by Christian I. in 1479; though its existing constitution 
dates from 1788. The building dates from 1836. There are five 
faculties— theological, juridical, medical, philosophical and 
mathematical. In 1851 an English and in 185 a an Anglo-Saxon 
lectureship were established. All the professors are bound to give 
a series of lectures open to the public free of charge. The 
university possesses considerable endowments and has several 
foundations for the assistance of poor students; the " regent's 
charity," for instance, founded by Christian, affords free residence 
and a small allowance to one hundred bursars. There are about 
2000 students. In connexion with the university are the obser- 
vatory, the chemical laboratory in Ny Vester Gade, the surgical 
academy in Bredgade, founded in 1786, and the botanic garden. 
The university library, incorporated with the former Classen 
library, collected by the famous merchants of that name, contains 
about 200,000 volumes, besides about 4000 manuscripts, which 
include Rask's valuable Oriental collection and the Arne-Magnean 
series of Scandinavian documents. It snares with the royal 
library the right of receiving a copy of every book published in 
Densnark. There is also a zoological museum. Adjacent is 
St Peter's church, built in a quasi-Gothic style, with a spire 
256 ft. high, and appropriated since 1585 as a parish church for 
the German residents in Copenhagen. A short distance along 
the Krystalgade is Trinity church. Its round tower is n 1 ft. 
high, and is considered to be unique in Europe. It was con- 
structed from a plan of Tycho Brahe's favourite disciple Longo- 
rooxttanus, and was formerly used as an observatory. It is 
ascended by a broad inclined spiral way, up which Peter the 
Great is said to have driven in a carriage and four. From this 
church the Kjdbermayergade runs south, a populous street of 
shops, giving upon the Hoibro-plads, with its fine equestrian 
statue of Bishop Absalon, the city's founder. This square is 
connected by a bridge with the Slottsholm. 

The quarter north-east of Kongens Nytorv and Gothersgaden 
is the richest in the city, including the palaces of Amalienborg, 
the castle and gardens of Rosenborg and several mansions of the 
nobility. The quarter extends to the strong moated citadel, 
which guards the harbour on the north-east. It is a regular 
polygon with five bastions, founded by Frederick III. about 
1662-2663. One of the mansions, the Moltkes Palais, has a 
collection of Dutch paintings formed in the z8th century. This 
is in the principal thoroughfare of the quarter, Bredgaden, and 
close at hand the palace of King George of Greece faces the 
Frederikskirke or Marble church. This church, intended to have 



been an edifice of great extent and magnificence, was begun in 
the reign of Frederick V. (1749), but after twenty years was left 
unfinished. It remained a ruin until 1 874, when it was purchased 
by a wealthy banker, M. Tictgen, at whose expense the work 
was resumed. The edifice was not carried up to the height 
originally intended, but the magnificent dome, which recalls the 
finest examples in Italy, is conspicuous far and wide. The 
diameter is only a few feet less than that of St Peter's in Rome. 
As the church stands it is one of the principal works of the 
architect, F. MeldahL Behind King George's palace from the 
Bredgade lies the Amalienborg-plads, having in the centre an 
equestrian statue of Frederick V., erected in 1768 at the cost of 
the former Asiatic Company. The four palaces, of uniform 
design, encircling this plods, were built for the residence 
of four noble families; but on the destruction of Christians- 
borg in 1794 they became the residence of the king and 
court, and so continued till the death of Christian VIII. in 
1848. One of the four is inhabited by the king, the second and 
third by the crown prince and other members of the royal family, 
while the fourth is occupied by the coronation and state rooms. 
The Ameliegade crosses the plods and, with the predgade, 
terminates at the esplanade outside the citadel, prolonged in the 
pleasant promenade of Lange Linie skirting the Sound. 

To the west of the citadel is the Ostbanegaard, or eastern rail- 
way station, from which start the local trains on the coast line 
to Klampenborg and Hclsingdr. South-west from this point 
extends the line of gardens which occupy the site of former land- 
ward fortifications, pleasantly diversified by water and planta- 
tions, skirted on the inner side by three wide boulevards, 
Ostervold, Norrevold and Vestcrvold Gade, and containing 
noteworthy public buildings, mostly modern. In the Ostre 
Anlaeg is the art museum (1895) containing pictures, sculptures 
and engravings. In front of it is the Denmark monument (1896), 
commemorating the golden wedding (1892) of Christian IX. 
and Queen Louisa. Among various scenes in relief, the marriage 
of King Edward VII. of England and Queen Alexandra is 
depicted. The botanical garden (1874). contains an observatory 
with a statue of Tycho Brahe, and the chemical laboratory; 
mineralogical museum, polytechnic academy (1829) and com- 
munal hospital adjoin it. On the inner side of Ostevold Gade 
is Rosenborg Park, with the palace of Rosenborg erected in 
1610-1617. It is an irregular building in Gothic style, with a 
high pointed roof, and flanked by four towers of unequal dimen- 
sions. It contains the chronological collection of Danish 
monarchs, including a coin and medal cabinet, a fine collection 
of Venetian glass, the famous silver drinking-horn of Oldenburg 
(1474), the regalia and other objects of interest as illustrating 
the history of Denmark, The Riddersal, a spacious room, is 
covered with tapestry representing the ^various battles of 
Christian V., and has at one end a massive silver throne. The 
Ndrrevold Gade leads through the Norretorv past the Folke- 
teatre and the technical school to the Orsteds park, and from 
its southern end the Vestcrvold Gade continues through the 
Raadhus Plads, a centre of tramways, flanked by the modern 
Renaissance town hall (1001), ornamented with bronze figures, 
with a tower at the eastern angle. Here is also the museum 
of industrial art, and the Ny-Carlsberg Glyptotek, with Us 
collection of sculpture, is on this boulevard, which skirts the 
pleasure garden called Tivoli. From the Raadhus-plads the 
Vesterbro Gade runs towards the western quarter of the city, 
skirting the Tivoli. Here is the Dansk Folke museum, a collec- 
tion illustrating the domestic life of the nation, particularly that 
of the peasantry since 1600. A column of Liberty (Frikeds- 
Stotle) rises in an open space, erected in 1798 to commemorate 
the abolition of serfdom. Immediately north is the main 
railway station (Bancgaard), and the North and Klampenborg 
stations near at hand. The western (residential) quarter con tains 
the park of Frederiksberg, with its palace erected under Frederick 
IV. (d. 1730), used as a military school. The park contains a 
zoological garden, and is continued south in the pleasant S5nder« 
marken, near which lies the old Glyptotek, which contained the 
splendid collection of sculptures, &c, made by H. C Jacobsen 



9 8 



COPENHAGEN 



since 1887, until their removal to the new Glyptotek founded 
by him in the Vestre Boulevard. 

The quarter of Christianshavn is that portion of the city which 
skirts the harbour to the south, and lies within tne fortifications. 
It contains the Vor Frelscrs Kirkc (Church of Our Saviour), 
dedicated in 1606, with a curious steeple 282 ft, high, ascended 
by an external spiral staircase. The lower part of the altar is 
composed of Italian marble, with a representation of Christ's 
sufferings in the garden of Gethsemane; and the organ is con- 
sidered the finest in Copenhagen. The dty does not extend 
much farther south, though the Amagerbro quarter lies without 
the walls. The island of Amager is fertile, producing vegetables 
for the markets of the capital. It was peopled by a Dutch colony 
planted by Christian IL in 1516, and many old peculiarities of 
dress, manners and languages are retained. 

The environs of Copenhagen to the north and west are interest 1 
fng, and the country, both along the coast northward and inland 
westward is pleasant, though in no way remarkable. The rail- 
way along the coast northward passes the seaside resorts of 
Klampenborg (6 m.) and Skodsborg (10m.). Near Klampenborg 
is the Dyrehave (Deer park) or Skoven (the forest), a beautiful 
forest of beeches. The Zealand Northern railway passes Lyngby, 
on the lake of the same name, a favourite summer residence, and 
Hillerdd (ax m,), a considerable town, capital of the ami (county) 
of Frederiksberg, and dose to the palace of Frederiksberg. 
This was erected in 1602-1620 by Christian IV., embodying two 
towers of an earlier building, and partly occupying islands in a 
small lake. It suffered seriously from fire in 1859, but was care- 
fully restored under the direction of F. Meldahl. It contains a 
national historical museum, induding furniture and pictures. 
The palace church is an interesting medley of Gothic and Re- 
naissance detail. The villa of HvidOre was acquired by Queen 
Alexandra in 1907. 

Among the literary and sdentlfic associations of Copenhagen 
may be mentioned the Danish Royal Society, founded in 1742, 
for the advancement of the sciences of mathematics, astronomy, 
natural philosophy, &c, by the publication of papers and essays; 
the Royal Antiquarian Society, founded in 1825, for diffusing 
a knowledge of Northern and Icelandic archaeology; the Society 
for the Promotion of Danish Literature, for the publication of 
works chiefly connected with the history of Danish literature; 
the Natural Philosophy Society; the Royal Agricultural Society; 
the Danish Church History Society; the Industrial Association, 
founded in 1838; the Royal Geographical Society, established 
in 1876; and several musical and other sodeties. The Academy 
of Arts was founded by Frederick V. in 1754 for the instruction 
of artists, and for disseminating a taste for the fine arts among 
manufacturers and operatives. Attached to It are schools for 
the study of architecture, ornamental drawing, and modelling. 
An Art Union was founded in 1826, and a musical conservatorium 
in 1870 under the direction of the composers N. W. Gade and 
J. P. E. Hartmann. 

Among educational institutions, other than the university, 
may be mentioned the veterinary and agricultural college, 
established in 1773 and adopted by the state in 1776, the 
military academy and the school of navigation. Technical 
instruction is provided by the polytechnic school (1829), which 
Is a state institution, and the school of the Technical Society, 
which, though a private foundation, enjoys public subvention: 
The schools which prepare for the university, &c, are nearly all 
private, but are all under the control of the state. Elementary 
instruction is mostly provided by the communal schools. 

The churches already- mentioned belong to the national 
Lutheran Church; the most important of those bdonging to 
other denominations are the Reformed church, founded in x688, 
and rebuilt in 1731, the Catholic church of St Ansgarius, con- 
secrated in 1842, and the Jewish synagogue in Krystalgade, 
which dates from 1853. Of the monastic buildings of medieval 
Copenhagen various traces are preserved in the present nomen- 
clature of the streets. The Franciscan establishment gives its 
name to the GraabrBdretorv or Grey Friars' market; and 
St Clara's Monastery, the largest of all, which was founded by I 



Queen Christina, is still commemorated by the Klareboder or 
Clara buildings, near the present post-office. The Duebrddre 
Kloster occupied the site of the hospital of the Holy Ghost. 

Among the hospitals of Copenhagen, besides many modern 
institutions, there may be mentioned Frederick's hospital, 
erected in 1752-1757 by Frederick V., the Communal Hospital, 
erected in 1859-1863, on the eastern side of the SortedamssO, 
the general hospital in Ameliegade, founded in 1769, and the 
garrison hospital, in Rigensgade, established in 1816 by Frederick 
VI. After the cholera epidemic of 1853, which carried off more 
than 4000 of the inhabitants, the medical association built 
several ranges of workmen's houses, and their example was 
followed by various private capitalists, among whom may be 
mentioned the Classen trustees, whose buildings occupy an open 
site on the western outskirts of the dty. 

Copenhagen is by far the most important commercial town 
in Denmark, and exemplifies the steady increase in the trade 
of the country. The harbour is mainly comprised in the narrow 
strait between the outer Sound and ils inlet the Kalvebod or 
Kallebo Strand. The trading capabilities were aided by the 
construction in 1894 of the Frihavn (free port) at the northern 
extremity of the town, well supplied with warehouses and other 
conveniences. It is connected with the main railway station by 
means of a circular railway, while a short branch connects it 
with the ordinary custom-house quay. The commercial harbour 
is separated from the harbour for warships (OrU>i$ka9n) by a 
barrier. The sea approaches are guarded by ten coast batteries 
besides the old dtadel. The Middelgrund is a powerful defensive 
work completed in 1806 and most of the rest are modern. The 
landward defences of Copenhagen, it may be added, were left 
unprovided for after the Napoleonic wars until the patriotism of 
Danish women, who subscribed sufficient funds for the first fort, 
shamed parliament into granting the necessary money for others 
( 1 886-1895). Copenhagen is not an industrial town. The 
manufactures carried on are mostly only such as exist In every 
large town, and the export of manufactured goods is inconsider- 
able. The royal china factory is celebrated for models of 
Thorvaldsen's works in biscuit china. The only very large. 
establishment is one for the construction of iron steamers, 
engines, &c, but some factories have been erected within the area 
of the free port for the purpose of working up imported raw 
materials duty free. 

History. — Copenhagen {i.e. Merchant's Harbour, originally 
simply Havn, latinized as Eafnia) is first mentioned in history 
in 1043. It was then only a fishing village, and remained so 
until about the middle of the 12th century, when. Valdemar I. 
presented that part of the island to Axd Hvide, renowned in 
Danish history as Absalon (q.v.), bishop of Roskilde, and after- 
wards archbishop of Lund. In x 167 this prelate erected a castle 
on the spot where the Christiansborg palace now stands, and 
the building was called after him Axel-huus. The settlement 
gradually became a great resort for merchants, and thus acquired 
the name which, in a corrupted form, it still bears, of Kaup- 
mannahOfn, Kjobmannshavn, or Portus Mcrcatorun as it is 
translated by Saxo Grammaticus. In xx86, Bishop Absalon 
bestowed the castle and village, with the lands of Amager, on 
the see of Roskilde; but, as the place grew in importance, the 
Danish kings became anxious to regain it, and in 1245 King 
Eric IV. drove out Bishop Niels Stigson. On the king's death 
(1250), however, Bishop Jacob Erlandsen obtained the town, 
and, in 1254, gave to the burghers their first munidpal privileges, 
which were confirmed by Pope Urban EH. in 1286. In the 
charter of 1254, while there is mention of a commumtas capable 
of making a compact with the bishop, there is nothing said of 
any trade or craft gilds. These are, indeed, expressly pro- 
hibited in the later charter of Bishop Johann Kvag (1294); 
and the distinctive character of the constitution of Copenhagen 
during the middle ages consisted in the absence of the free gild 
system, and the right of any burgher to pursue a craft under 
license from the Vogt (adweatus) of the overlord and the dty 
authorities. Later on, gilds were established, in spite of the pro- 
hibition of the old charters; but they were strictly subordinate 



COPENHAGEN 



99 



to the town authorities, who appointed their aldermen and sup- 
pressed them when they considered them useless or dangerous. 
Tne prosperity of Copenhagen was checked by an attack by the 
people of Lflbeck in 1248, and by another on the part of Prince 
Juomir of Rfigen in 1259. In 1306 it managed to repel the 
Norwegians, but in 1362, and again in 1368, it was captured 
by the. opponents of Valdemar Atterdag. In .the following 
century a new enemy appeared in the Hanseatic league, which 
was jealous of its rivalry, but their invasion was frustrated by 
Qoc<n Phflippa. Various attempts were made by successive 
kings to obtain the town from the sec of Roskilde, as the most 
ratable for the royal residence; but it was not till 1443 that the 
transference was finally effected and Copenhagen became the 
capital of the kingdom. From 1523 to 1524 it held out for 
Christian n. against Frederick I., who captured it at length and 
•treagthened its defensive works; and it was only after a year's 
■ege that it yielded in 1*536 to Christian III. From 1658 to 1660 
it was unsuccessfully beleaguered by Charles Gustavusof Sweden; 
•od in the following year it was rewarded by various privileges 
for its gallant defence. In 1660 it gave its name to the treaty 
whfch concluded the Swedish war of Frederick III. In 1700 it 
was bombarded by the united fleets of England, Holland and 
Sweden; in 1728 a conflagration destroyed 1640 houses and 
fa churches; another in 1795 laid waste 943 houses, the church 
of St Nicolas, and the Raodkiu. In 1801 the Danish fleet was 
destroyed in the roadstead by the English (see below, § Battle 
4 Copenhagen); and in 1807 the city was bombarded by the 
British under Lord Cathcart, and saw the destruction of the 
ouVenity buildings, its principal church and numerous, other 
edifices. 

See 0. Nielsen, Kdbenhavtu Historie 0% Beskrhelse (Copenhagen. 
1677-1*92); C. Bruun and P. Munch, Kdbenhavn, Shitting a) 
idt Butane, Ac. (ibid. 1887-1901); Bering-Lusberg, Kdbenham 
ipmkDagiifkid. 1898 et teq.). (O. J. R. H.) 

Battle or Copenhagen 

The formation of a league between the northern powers, 
Russia, Prussia, Denmark and Sweden, on the 16th of December 

1800, nominally to protect neutral trade at sea from the enforce- 
ment by Great Britain of her belligerent claims, led to the 
despatch of a British fleet to the Baltic on the 12th of March 

1801. It consisted of fifty-three sail in all, of which eighteen 
were of the line. Prussia- possessed no fleet The nominal 
tfrength of the Russian fleet was eighty-three safl of the line, 
cf the Danish twenty-three, and of the Swedish eighteen. But 
this force was for the most part only on paper. Some of the 
Russian ships were at Archangel, others in the Mediterranean. 
Of those actually in the Baltic and fit to go to sea, twelve were 
at Reval shut in by the ice, and the others were at Kronstadt. 
The Swedes could equip only eleven of the line for sea, and 
Denmark only seven or eight It is highly doubtful whether 
the three powers could have collected more than forty ships of 
the line— and they would have been hastily manned, destitute 
of experience, and without confidence. A rapid British attack 
would in any case forestall the concentration of these hetero- 
geneous squadrons. The superior quality of the veteran British 
crews was more than enough to counterbalance a mere superiority 
in numbers. The command of the British fleet was given to 
Sir Hyde Parker, an amiable man of no energy and little ability. 
He had Nelson with him as second in command— then a junior 
admiral but without rival in capacity and in his hold on the 
confidence of the fleet Parker's orders were to give Denmark 
twenty-four hours in which to withdraw from the coalition, and 
on her refusal to destroy or neutralize her strength and then 
proceed against the Russians before the breaking up of the ice 
allowed the ships at Reval to join the squadron at Kronstadt 

0& the 31st of March the British fleet, after a somewhat 
stormy passage, was at the entrance to the Sound. Nicholas 
Vansittart, afterwards Lord Bexley, the British diplomatic 
agent entrusted with the message to the Danish government, 
was landed, and left for Copenhagen. On the 23rd he returned 
via the refusal of the Danes. The British fleet then passed 



the Danish fort at Cronenburg, unhurt by its distant fire, and 
without being molested by the forts on the Swedish shore. 
Nelson urged immediate attack, and recommended, as an 
alternative, that part of the British fleet should watch the Danes 
while the remainder advanced up the Baltic to prevent the 
junction of the Russian Reval squadron with the ships in 
Kronstadt Sir Hyde Parker was, however, unwilling to go up the 
Baltic with.the Danes unsubdued behind him, or to divide his 
force. It was therefore resolved that an attack should be made 
on the Danish capital with the whole fleet in two divisions. 
Copenhagen lies on the east side of the island of Zealand,' opposite 
it is the shoal known as the Middle Ground. To the east of the 
Middle Ground is another shoal known as Saltholm Flat, and 
there is a passage available for large ships between them. The 
main fortification of Copenhagen was the powerful Trekroner 
(Three Crown) battery at the northern end of the sea-front 
Here the Danes had placed their strongest ships. The southern 
part of the city front was covered by hulks and gun-vessels or 
bomb-vessels. There were in all eighteen hulks or ships of the 
line in the Danish defence. To have made the attack. from the 
northern end would in Nelson's words have been " to take the 
bull by the horns." He therefore proposed that he should be 
detached with ten sail of the line, and the frigates and small 
craft, to pass between the Middle Ground and Saltholm Flat, 
and assail the Danish line at the southern end while the remainder 
of' the fleet engaged the Trekroner battery from the. north. Sir 
Hyde Parker accepted his offer, and added two ships of the line 
to the ten asked for by Nelson. 

During the nights of the 30th and 31st of March the channel 
between the Middle Ground and Saltholm Flat was sounded 
by the boats of the British fleet, the Danes making no attempt 
to interfere with them. On the zst of April Nelson brought his 
ships through. He had transferred his flag from his own ship 
the " St George " (08) to the " Elephant M (74), commanded by 
Captain Foley, because the water was too shallow for a three- 
decker. On the morning of the and of April the wind was fair 
from the south-east, and at 9.30 a.m. the British squadron weighed 
anchor, led by the " Amazon " frigate, commanded by Captain 
Riou, and began to pass along the front of the Danish line. The 
Danes could bring into action 375 guns in all. Their hulks and 
bomb-vessels were supported by batteries on Zealand; but, as 
the water is shallow for a long distance from the shore, these 
defences were too far off to render them effectual aid on the 
south end of their line. Nelson disposed of a greater number 
of guns, 1058 in all, but some did not come into action. The 
" Agamemnon " (64), commanded by Captain Fancourt, was 
unable to round the south point of the Middle Ground. The 
" Bellona " (74), commanded by Captain Thompson, and the 
" Russel " (74)} commanded by Captain Cuming, ran ashore 
on .the Middle Ground, but within range though at too great a 
distance for fully effective fire. Captain Thompson lost his leg 
in the battle. The other ships passed between the " Bellona " 
and " Russel "* and the Danes.. The leading British ship, the 
" Defiance " (74), carrying the flag of Rear- Admiral Graves, 
anchored just south of the Trekroner. As the wind was from 
the south-east Sir Hyde Parker was unable to make the proposed 
attack from the north. The place opposite the Danish fort 
which was to have been taken by him was occupied by' Captain 
Riou and the frigates. The " Elephant " anchored almost in 
the middle of the line. Fire was opened about zo a.m., and at 
xx. 30 the action was at its height. 

Until x o'clock there was no diminution of the Danish fire. 
Sir Hyde Parker, who saw the danger of Nelson's position, 
became anxious, and sent his second, Captain Robert Waller 
Ottway, to him with a message authorizing him to retire if he 
thought fit. Before Ottway, who had to go in a row-boat, reached 
the " Elephant," Sir Hyde Parker had reflected that it would be 
more magnanimous in him to take the responsibility of ordering 
the retreat. He therefore hoisted the signal of recall. It was 
a well-meant but ill-judged order. Nelson could only have 
retreated before the south-easterly wind by going past the 
Trekroner fort, where the passage is narrow, and the navigation 



IOO 

difficult. He therefore disregarded the signal, and amused 
himself and the few officers about him by putting his glass to 
his blind eye and saying that he could not see it. The frigates 
opposite the Trekroner did retreat, Captain Riou being slain 
as they drew off. 

At about 2.30 the fire from the Danish hulks had been much 
beaten down, but as their crews fell, fresh men were sent from 
the shore and the fire was resumed. Nelson astutely and 
legitimately seized the opportunity to open negotiations with the 
Danes. He sent a flag of truce carried by Sir F. Thesiger ashore 
to the crown prince of Denmark (then regent of the kingdom), 
to say that unless he was allowed to take possession of the hulks 
which had surrendered he would be compelled to burn them, a 
course which he deprecated on the ground of humanity and his 
tenderness of " the brothers of the English the Danes." The 
crown prince, who was shaken by the spectacle of the battle, 
allowed himself to be drawn into a reply, and to be referred to 
Sir Hyde Parker. Fire was suspended by the Danes to allow 
of time to receive Sir Hyde Parker's answer. Nelson with 
intelligent promptitude availed himself of the interval to with- 
draw his squadron past the Trekroner. The difficulty found in 
getting the ships out — one of them grounded — showed how 
disastrous an attempt to draw off under fire of the forts must 
have been. 

The Danish government, which had entered the coalition 
largely from fear of Russia, was not prepared to make very great 
sacrifices, and now entered into negotiations for an armistice. 
It was the more ready to do so because it received news of the 
assassination of the tsar Paul, which had happened on the 34th 
of March. An armistice was made for fourteen weeks, which 
left the British fleet free to proceed up the Baltic. On the 12th 
of April, after lightening the three-deckers of their guns, the 
fleet passed over the shallows. But its presence had now lost 
all military significance. Sir Hyde Parker was assured by the 
Russian minister at Copenhagen that the new tsar Alexander I. 
would not continue the policy of hostility with England and 
alliance with France which had proved fatal to his father. The 
Swedes, who like the Danes had entered the coalition under 
pressure from Russia, did not send their ships to sea. The 
government of the new tsar was prepared for an arrangement 
with England. The date of the final settlement was in all 
probability delayed by the activity of Nelson, and his belief that 
a British fleet was the best negotiator in Europe. The British 
government learnt of the tsar's death on the 15th of ApriL On 
the 17th it instructed Sir Hyde Parker to agree to a suspension of 
hostilities, and not to take active measures against Russia so long 
as the Reval squadron did not put to sea. On the 21st of April, 
having now received a full account of the battle at Copenhagen, 
it recalled Sir Hyde Parker, whose vacillating conduct and 
want of enterprise had become manifest He received the news 
of his recall on the 5th of May. Nelson, to whom the command 
passed, at once put to sea, and hastened with a part of his fleet 
to Reval, which he reached on the iath of May. The Russian 
squadron had, however, cut a passage through the ice in the 
harbour on the 3rd, and had sailed for Krohstadt. Nelson was 
received with formal civility by the Russian officers, with whom 
he exchanged visits. He wrote a letter to Mr Garlike, secretary 
of the British embassy at St Petersburg, saying that he had come 
with a small squadron as the best way of paying " the very 
highest compliment " to the tsar. 

The Russian government, which not unnaturally wished to 
avoid any appearance of acting under dictation* and was now 
in no anxiety for the Reval squadron, treated his presence as a 
menace. On the 13th of May Count Pahlen answered in a most 
peremptory letter informing Nelson that negotiations would 
be suspended while he remained at Reval. This retort caused 
Nelson annoyance which he did not attempt to conceal, but he 
justly concluded that he had nothing further to do at Reval, 
and therefore returned down the Baltic. Nelson remained with 
the fleet till he was relieved at his own request, and was able to 
sail for England on the 18th of June. He gave a proof of his 
regard for the service of the country by taking his passage home 



COPERNICUS 



in a small brig rather than withdraw a line of battle ship from the 
squadron, which his rank entitled him to do, and as other 
admirals of the time generally did. The British sailors and ships 
embargoed in Russia were released on the 17th of May. Great 
Britain released her prisoners on the 4th of June, and on the 
17 th of June was signed the convention which terminated the 
Baltic campaign: 

See Dispatches and Letters of Vice-Admiral Nelson, by Sir N. Harris 
Nicolas (1845) i Li J e °f Afeb**» by Capt. A- T. Mahan (London, 
1899). (D. H.) 

COPERNICUS (or KopPERNiGx) f NICOLAUS (1473-1543), Polish' 
astronomer, was born on the xoth of February 1473, at Thorn 
in Prussian Poland, where his father, a native of Cracow, had 
settled as a wholesale trader. His mother, Barbara Watzekode, 
belonged to a family of high mercantile and civic standing. 
After the death of his father in 1483, Nicolaus was virtually 
adopted by his uncle Lucas Watzelrode, later (in X489) bishop 
of Ermeland. Placed at the university of Cracow in 1491, he 
devoted himself, during three years, to mathematical science 
under Albert Brudzewski (1445-1497), and incidentally acquired 
some skill in painting. At the age of twenty-three he repaired 
to Bologna, and there varied his studies of canon law by attending 
the astronomical lectures of Domenico Maria Novara (1454" 
1504). At Rome, in the Jubilee year 1500, he himself lectured 
with applause; but having been nominated in 1497 canon of 
the cathedral of Frauenburg, he recrossed the Alps in 1501 with 
the purpose of obtaining further leave of absence for the com- 
pletion of his academic career. Late in the same year, accord- 
ingly, he entered the medical school of Padua, where he remained 
until 1505, having taken meanwhile a doctor's degree in canon 
law at Fcrrara on the 31st of May 1503. After his return to 
his native country he resided at the episcopal palace of Heilsberg 
as his uncle's physician until the hitter's death on the 29th of 
March 151a. He then retired to Frauenburg, and vigorously 
attended to his capitular duties. He never took orders, but 
acted continually as the representative of the chapter under 
harassing conditions, administrative and political; he was 
besides commissary of the diocese of Ermeland; his medical 
skill, always at the service of the poor, was frequently in demand 
by the rich; and he laid a scheme for the reform of the currency 
before the Diet of Graudenz in 1532. Yet he found time, amid 
these multifarious occupations, to elaborate an entirely new 
system of astronomy, by the adoption of which man's outlook 
on the universe was fundamentally changed. 

The main lines of his great work were laid down at Heilsberg; 
at Frauenburg, from 2513, he sought, with scanty instrumental 
means, to test by observation the truth of the views it embodied 
(see Astronomy: History), His dissatisfaction with Ptolemaic 
doctrines was of early date; and he returned from Italy, where 
Bo-called Pythagorean opinions were then freely discussed, in 
strong and irrevocable possession of the heliocentric theory. 
The epoch-making treatise in which it was set forth, virtually 
finished in 1530, began to be known through the circulation in 
manuscript of a CommtnUxriolus, or brief popular account of its 
purport written by Copernicus ux.that year. Johann Albrecht 
Widmanstadt lectured upon it in Rome; Cement VII. approved, 
and Cardinal Schdnberg transmitted to the author a formal 
demand for full publication. But his assent to this was only 
extracted from him in 1540 by the importunities of his friends, 
especially of his enthusiastic disciple George Joachim Rheticus 
(1514-1576), who printed, in the Narratio prima (Danzig, 1540)1 
a preliminary account of the Copernican theory, and simul- 
taneously sent to the press at Nuremberg his master's complete 
exposition of it in the treatise entitled De rewAutionibus erbium 
coelestium (1543). But the first printed copy reached Frauen- 
burg barely in time to be laid on the writer's death-bed. Coper- 
nicus was seized with apoplexy and paralysis towards the close 
of 1542, and died on the 24th of May 15431 happily unconscious 
that the fine Epistle, in which he had dedicated his life's work 
to Paul III., was marred of its effect by an anonymous preface, 
slipt in by Andreas Osiander (1498-1552), with a view to dis- 
arming prejudice by insisting upon the purely hypothetical 



COPIAPO— COPPEE, FRANCOIS 



IOI 



character of the reasonings it introduced. The trigonometrical 
section of the book had been issued as a separate treatise (Witten- 
berg, 154a) under the care of Rheticus. The only work published 
by Copernicus on his own initiative was a Latin version of the 
(keek Epistles of Theophylact (Cracow, 1509). His treatise 
Dt monetae cudendae ralione, 1526 (first printed in 1816), written 
by order of King Sigismund I., is an exposition of the principles 
on which it was proposed to reform the currency of the Prussian 
provinces of Poland. It advocates unity of the monetary system 
throughout the entire state, with strict integrity in the quality 
of the coin, and the charge of a seigniorage sufficient to cover 
the expenses of mintage. 

Authorities. — Rheticus was the only contemporary biographer 
of Copernicus, and his narrative perished irretrievably. Gasscndi's 

It WU 8 

pabiica 

W«tph i 

odsers. s 

exbatsi i 

taeouf / 



treat a s 

and co f 

local in t 

ideas o s 

Ctlp€1M 

aadtn I 

(Milan 1 

eacfeifn 1 

by C. L. Meaner in 1879. (A. M. C.) 

COPIAP6, a dty of northern Chile, capital of the province of 
Atacama, about 35 m. from the coast on the Copiapo river, in 
lat. »7° 36' S., long. 70 23' W. Pop. (1895) 9301. The Caldera 
k Coptapo railway (built 2843-185 1 and one of the first in South 
America) extends beyond Copiapo to the Chafiarcillo mines 
(50 m.) and other mining districts. Copiapo stands 1300 ft. 
above sea-level and has a mean temperature of about 67 in 
summer and 51 in winter. Its port, Caldera, 50 m. distant by 
rail, is situated on a well-sheltered bay with good shipping 
facilities about 6 m. N. of the mouth of the Copiap6 river. 
Coptapo is perhaps the best built and most attractive of the 
desert region cities. The river brings down from the mountains 
r^«»gfc water to supply the town and irrigate a considerable 
area in its vicinity. Beyond the small fertile valley in which 
k stands is the barren desert, on which rain rarely falls and 
which has no economic value apart from its minerals (especially 
saline compounds). Copiapo was founded in 174a by Jose de 
Manso (afterwards Conde de Superunda, viceroy of Peru) and 
took its name from the Copayapu Indians who occupied that 
region. It was primarily a military station and transport post 
on the road to Peru, but after the discovery of the rich silver 
deposits near Chafiarcillo by Juan Godoy in 1832 it became an 
important mining centre. It has a good mining school and 
reduction works, and is the supply station for an extensive 
muring district. For many years the Famatina mines of 
Argentina received supplies from this point by way of the Come- 
Caballo pass. 

OOPIMfl (from " cope/ 1 Lat. capo), in architecture, the capping 
or covering of a wall. This may be made of stone, brick, tile, 
slate, metal, wood or thatch. In all cases it should be weathered 
to throw off the wet. In Romanesque work it was plain and 
flat, and projected over the wall with a throating to form a drip. 
In later work a steep slope was given to the weathering (mainly 
on the outer side), and began at the top with as astragal; in 
the Decorated style there were two or three sets eJ ; and in the 
later Perpendicular period these assumed a wavy section, and 
the coping mouldings were continued round the sides, as well 
as at top and bottom, mitreing at the angles, as in many of the 
colleges at Oxford. The cheapest type of coping is that which 
caps the ordinary 9 in. brick wall, and consists of brick on edge 
above a double tile creasing, all in cement; the creasing con- 
sisting of one or two rows of tiles laid horizontally on the wall 
and projecting on each side about 2 in. to throw off the water 
(see also Masonry). 



COPLAND, ROBERT (ft 15x5), English printer and author, 
is said to have been a servant of William Caxton, and certainly 
worked for Wynkyn de Worde. The first book to which his 
name is affixed as a printer is The Bohe of Justices of Peace (1515), 
at the sign of the Rose Garland, in Fleet Street, London. Anthony 
a Wood supposed, on the ground that he was more educated 
than was usual in his trade, that he had been a poor scholar of 
Oxford. His best known works are The hye way to the Spy Hell 
hous, a dialogue in verse between Copland and the porter of 
St Bartholomew's hospital, containing much information about 
the vagabonds who found their way there; and Jyl of Brcynt- 
fords Testament, dismissed in Athenae Oxonienses (ed. Bliss) as 
" a poem devoid of wit or decency, and totally unworthy of 
further notice." He translated from the French the romances 
of Kynge Appolyne of Thyre (W. de Worde, 1510), The History 
of Helyas Knyght pf the Swanne (W. de Worde, 1513), and The 
Life of Ipomydon (Hue of Rotelande), not dated. Among his 
other works is The Complaynte of them that ben too late maryed, 
an undated tract printed by W. de Worde. 

William Copland, the printer, supposed to have been his' 
brother, published three editions of ffowtegtas, perhaps by 
Robert, which in any case represent the earliest English version 
of Till Bulenspiegd. 



C< 
E\ 
hi 
foi 

COPLESTON, EDWARD (1 776-1849), English bishop, was 
born at Offwell in Devonshire, and educated at Oxford. He was 
elected to a tutorship at Oriel College in 2797, «»d in 1800 was 
appointed vicar of St Mary's, Oxford. As university professor 
of poetry (1802- 181 2) he gained a considerable reputation by 
his dever literary criticism and sound latinity. After holding 
the office of dean at Oriel for some years, he succeeded to the 
provostship in 1814, and owing largely to his influence the 
college reached a remarkable degree of prosperity during the 
first quarter of the 19th century. In 1826 he was appointed 
dean of Chester, and in the next year he was consecrated bishop 
of Llandaff. Here he gave his support to the new movement 
for church restoration in Wales, and during his occupation of 
the see more than twenty new churches were built in the diocese.* 
The political problems of the time interested him greatly, and 
his writings include two able letters to Sir Robert Peel, one 
dealing with the Variable Standard of Value, the other with the 
Increase of Pauperism (Qxford, 1819). 

COPLEY, JOHN SINGLETON (1737-18x5)1 English historical 
painter, was born of Irish parents at Boston, Massachusetts. 
He was self-educated, and commenced his career as a portrait- 
painter in his native city. The germ of his reputation in England 
was a little picture of a boy and squirrel, exhibited at the Society 
of Arts in 1760. In 1774 he went to Rome, and thence in 1775 
came to England. In 1777 he was admitted associate of the 
Royal Academy; in 1783 he was made Academician on the 
exhibition of his most famous picture, the " Death of Chatham," 
popularized immediately by Bartolozzi's elaborate engraving; 
and in 1790 he was commissioned to paint a portrait picture of 
the defence of Gibraltar. The " Death of Major Pierson," in 
the National Gallery, also deserves mention. Copley's powers 
appear to greatest advantage in his portraits. He was the 
father of Lord Chancellor Lyndhurst. 

COPP&B, FRANCOIS 6D0UARD JOACHIM (1843-1908), 
French poet and novelist, was born in Paris on the xath of 
January 1842. His father held a small post in the civil service, 
and he owed much to the care of an admirable mother. After 
passing through the Lycce Saint-Louis he became a clerk in 
the ministry of war, and soon sprang into public favour as a 
poet of the young " Parnassian " school. His first printed verses 
date from 1864. They were republished with others in 1866 in 



ioa 



COPPEE, HENRY— COPPER 



a collected form (Le Reliquaire), followed (1867) by Les Intimitis 
and Paemes modernes (1867-1869). In 1869 his first play, Le 
Passant, was received with marked approval at the Odeon 
theatre, and later Fats ce que dots (1871) and Les Bijoux de la 
dUivrance (187a), short metrical dramas inspired by the war, 
were warmly applauded. 

After filling a post in the library of the senate, Coppee was 
chosen in 1878 as archivist of the Comldie-Francaise, an office 
which he held till 1884. In that year his election to the Academy 
caused him to retire altogether from his public appointments. 
He continued to publish volumes of poetry at frequent intervals, 
including Les Humbles (1872), Le Cahier rouge (1874), Olivier 
(1875), L'Exilie (1876), Catties en vers, &c. (1881), Poemes el 
ricits (1S86), Arriire-saison (1887), Paroles sinceres (1800). In 
his later years his output of verse declined, but he published two 
more volumes, Dans la pribre et la lutte and Versfrancais. He 
had established his fame as " le poele des humbles." Besides 
the plays mentioned above, two others written in collaboration 
with Armand d'Artois, and some light pieces of little importance, 
Coppee produced Madame de Maintenon (1881), Severo Torelli 
(1883), Les Jacobites (1885), and other serious dramas in verse, 
including Pour la couronne (1895), which was translated into 
English {For the Crown) by John Davidson, and produced at the 
Lyceum Theatre in 1896. The performance of a short episode 
of the Commune, Le Pater, was prohibited by the government 
(1889) . CoppcVs first story in prose, Une IdyUe pendant le siige, 
appeared in 1875. It was followed by various volumes of short 
tales, by Toute unejeunesse (1800) — an attempt to reproduce the 
feelings, if not the actual wants, of the writer's yt)\iih,—Les Vrais 
Riches (1892), Le CoupaUe (1896), &c. He was made an officer of 
the Legion of Honour in 1888. A series of reprinted short 
articles on miscellaneous subjects, styled Man Franc Porter, 
appeared from 1893 to 1896; and in 1898 was published- La 
Bonne Souf ranee f the outcome of Coppee's reconversion to the 
Roman Catholic Church, which gained very wide popularity. 
The immediate cause of his return to the faith was a severe illness 
which twice brought him to the verge of the grave. Hitherto 
he had taken little open interest in public affairs, but he now 
joined the most violent section of Nationalist politicians, while 
retaining contempt for the whole apparatus of democracy. He 
took a leading part against the prisoner in the Dreyfus case, 
and was one of the originators of the notorious Ligue de la Patrie 
Francaise. He died on the 33rd of May 1908. 

Alike in verse and prose Coppee concerned himself with the 
plainest expressions of human emotion, with elemental patriot- 
ism, and the joy of young love, and the pitifulness of the poor, 
bringing to bear on each a singular gift of sympathy and insight. 
The lyric and idyllic poetry, by which he will chiefly be re- 
membered, is animated by musical charm, and in some instances, 
such as La BHMktwn and La Greve des forgerons, displays a 
vivid, though not a sustained, power of expression. There is 
force, too, in the gloomy tale, Le Coupable. But he exhibits all 
the defects of his qualities. In prose especially, his sentiment 
often degenerates into sentimentality, and he continually 
approaches, and sometimes oversteps, the verge of the trivial. 
Nevertheless, by neglecting that canon of contemporary art 
which would reduce the deepest tragedies of life to mere subjects 
for dissection, he won those common suffrages which are the priae 
of exquisite literature. 

See M. de Lescure's Francois Coppee, Thonme, la vie, V autre 
(1889), and G. Druilhct, Un Poite francais (1902). 

COPPftB, HBNRY (1821-1895), American educationalist 
and author, was born in Savannah, Georgia, on the 13th of 
October 1821, of a French family formerly settled in Haiti. 
He studied at Yale for two years, worked as a civil engineer, 
graduated at West Point in 1845, served in the Mexican War as 
a lieutenant and was breveted captain for gallantry at Contreras 
and Churabusco, was professor of English at West Point from 
1850 to 1855 (when he resigned from the army), was professor 
of English literature and history in the University of Pennsyl- 
vania 1855-1866, and on the xst of April 1866 was chosen first 
president of Lehigh University. In 1875 he was succeeded by 



John McD. Leavitt and became professor of history and English 
literature, but was president pro tern, from the death of Robert 
A. Lamberton (b. 1824) in September 1893 to his own death 
in Bethlehem on the 22nd of March 1895. He published ele- 
mentary text-books of logic (1857), of rhetoric (1859), and of 
English literature (1872); various manuals of drill; Grant, a 
Military Biography (1866); General Thomas (1803), in the 
" Great Commanders " Series; History of the Conquest of Spain 
by the Arab-Moors (1881); and in 1862 a translation of Marmont's 
Esprit des institutions militaires, besides editing the Comte de 
Paris's Civil War in America. 

COPPER (symbol Cu, atomic weight 63*1, H=i, or 63-6, 
O = 16), a metal which has been known to and used by the human 
race from the most remote periods. Its alloy with tin (bronze) 
was the first metallic compound in common use by mankind, 
and so extensive and characteristic was its employment in pre- 
' historic times that the epoch is known as the Bronze Age. By 
the Greeks and Romans both the metal and its alloys were 
indifferently known as xaXmbs and aes. As, according to Pliny, 
the Roman supply was chiefly drawn from Cyprus, it came to be 
termed aes cyprium, which was gradually shortened to cyprium, 
and corrupted into cuprum, whence comes the English word 
copper, the French cuivre, and the German Kupfer. 

Copper is a brilliant metal of a peculiar red colour which 
assumes a pinkish or yellowish tinge on a freshly fractured surface 
of the pure metal, and is purplish when the metal contains 
cuprous oxide. Its specific gravity varies between 8-91 and 
8-95, according to the treatment to which it may have been 
subjected; J. F. W. Hampe gives 804s (£) for perfectly pure 
and compact copper. Ordinary commercial copper is somewhat 
porous and has a specific gravity ranging from 8- 2 to 8- 5. It takes 
a brilliant polish, is in a high degree malleable and ductile, and 
in tenacity it only falls short of iron, exceeding in that quality 
both silver and gold. By different authorities its melting-point 
is stated at from xooo° to 1200° C; C T. Heycock and F. H. 
Neville give io8o°-s; P. Dejean gives 1085° as the freezing- 
point. The molten metal is sea-green in colour, and at higher 
temperatures (in the electric arc) it vaporises and burns with 
a green flame. G. W. A. Kahlbaum succeeded in subliming the 
metal in a vacuum, and H. Moissan (Compt. rend., 1905, 14*1 
p. 853) distilled it in the electric furnace. Molten copper absorbs 
carbon monoxide, hydrogen and sulphur dioxide; it also appears 
to decompose hydrocarbons (methane, ethane), absorbing the 
hydrogen and the carbon separating out. These occluded gases 
are all liberated when the copper cools, and so give rise to porous 
castings, unless special precautions are taken. The gases are 
also expelled from the molten metal by lead, carbon dioxide, 
or water vapour. Its specific heat is 0*0899 at °° C* anc ^ 0-0942 
at 100°; the coefficient of linear expansion per I* C. is O'coi86o. 
In electric conductivity it stands next to silver; the conducting 
power of silver being equal to 100, that of perfectly pure copper 
is given by A. MatUiiessen as 06*4 at 13° C. 

Copper is not affected by exposure in dry air, but in a moist 
atmosphere, containing carbonic add, it becomes coated with a 
green basic carbonate. When heated or rubbed it emits a peculiar 
disagreeable odour. Sulphuric and hydrochloric adds have little 
or no action upon it at ordinary temperatures, even when 
in a fine state of division; but on heating, copper sulphate and 
Bulphur dioxide are formed in the first case, and cuprous chloride 
and hydrogen in the second. Concentrated nitric add has also 
very little action, but with the dilute add a vigorous action 
ensues. The first products of this reaction are copper nitrate 
and nitric oxide, but, as the concentration of the copper nitrate 
increases, nitrous oxide and, eventuaIIy,freemtrogen axe liberated. 

Many colloidal solutions of copper have been obtained. A 
reddish-brown solution is obtained from solutions of copper 
chloride, stannous chloride and an alkaline tartrate (Letter- 
moser, AnorganUche Collolde, 1901). 

Occurrence.— Copper is widdy distributed in nature, ocas ^ 
in most soils, ferruginous mineral waters, and ores. It has been 
discovered in seaweed; in the blood of certain <>phalopode anfl 
Asddia as haemocyanin, a substance resembling the ferrugtaow 



COPPER 



103 



taemogfobfo, and of a-spedes of Limmlus; m straw, bay, eggs, 
cheese, meat, and other foodstuffs; in the liver and kidneys, 
and, in traces, in the blood of man and other animals (as an en- 
tirely adventitious constituent, however) ; it has also been shown 
by A. H. Church to exist to the extent of 5-9% in turadn, the 
coJooring-tnatter of the wing-feathers of the Turaco., 

Native copper, sometimes termed by miners malleable or 
virgin copper, occurs as a mineral having all the properties 
of the smelted metal. It crystallizes in the cubic system, but the 
crystals are often flattened, elongated, rounded or otherwise 
distorted. Twins are common. Usually the metal is arborescent, 
dendritic, filiform, moss-like or laminar. Native copper is found 
in most copper-mines, usually in the upper workings, where 
the deposit has been exposed to atmospheric influences. The 
metal seems to have been reduced from solutions of its salts, and 
deposits may be formed around mine-timber or on iron objects. 
It often fills cracks and fissures in the rode It is not infrequently 
found in serpentine, and in basic eruptive rocks, where it occurs 
as veins and in amygdales. The largest known deposits are those 
hi the Lake Superior region, near Keweenaw Point, Michigan, 
where masses upwards of 400 tons in weight have been dis- 
covered. The metal was formerly worked by the Indians for 
implements and ornaments. It occurs in a series of amygdaloidal 
dolerites or diabases, and in the associated sandstones and con- 
glomerates. Native silver occurs with the copper, in some 
cases embedded in it, Kke crystals in a porphyry. The copper is 
also accompanied by epidote, calrite, prehnite, analcite and other 
aeohtic minerals. Pseudomorphs after calcite are known; and 
it is notable that native copper occurs pseudomorphous after 
aragonite at Corocoro, in Bolivia, where the copper is disseminated 
through sandstone. 

Ores. — The principal ores of copper are the oxides cuprite and 
mdacoiute, the carbonates malachite and chessylite, the basic 
chloride atacamite, the silicate chrysocolla, the sulphides 
chaioocite, cmalcopyrite, erubescite and tetrahedrite. Cuprite 
{?.».) occurs in most cupriferous mines, but never by itself In 
large quantities. Melaconite (q.v.) was formerly largely worked 
in the Lake Superior region, and is abundant in some of the 
mines of Tennessee and the Mississippi valley. Malachite is a 
valuable ore containing about 56% of the metal; It is obtained 
in very large quantities from South Australia, Siberia and other 
localities. Frequently intermixed with the green malachite is 
the blue carbonate chessylite or azurite (q.v.), an ore containing 
when pure 55* 16% of the metal. Atacamite (q.v.) occurs chiefly 
fa Chile and Peru. Chrysocolla (q.v.) contains in the pure state 
30% of the metal; it is an abundant ore in Chile, Wisconsin 
and Missouri. The sulphur compounds of copper are, however, 
the most valuable from the economic point of view. Chalcotite, 
redrvthite, copper-glance (9.*.) or vitreous copper (CU|S) contains 
about 60% of copper. Copper pyrites, or chakopyrite, con tains 
34*6% of copper when pure; but many of the ores such as 
those worked specially by wet processes on account of the presence 
of a large proportion of iron sulphide, contain less than 5% of 
copper. Cornish ores are almost entirely pyritic; and indeed 
it is from such ores that by far the largest proportion of copper 
is extracted throughout the world. In Cornwall copper lodes 
usually run east and west They occur both in the " killas " 
or day-slate, and in the " growan " or granite. Erubescite 
($.».), boxnite, or horseflesh ore is much richer in copper than the 
ordinary pyrites, and contains 56 or 57% of copper. Tetra- 
hedrite ($.».), fablers, or grey copper, contains from 30 to 
48% of copper, with arsenic, antimony, iron and sometimes 
sine, silver or mercury. Other copper minerals are percylite 
(PbCuO«(0H)^, boleite (3PbCuClJ(0H),, AgQ), stromeyerite 
l(Cu, Ag)iS), cubanite (CuS, FcS,), stannite (Cu«S, FeSnSO, 
tennantite (3Cu£, As£>), emplectite (Cu«S, BUS,), wolfsbergite 
(Cu»S, Sb&), famatinite (3Cu,S, Sb*S0 and enargite (3Cu£, 
AsA). For other minerals, see Compounds of Copper below. 

Metallurgy. — Copper is obtained from its ores by three principal 
methods, which may be denominated— (1) the pyro-metallurgical 
or dry method, (a) the hydro-metallurgical or wet method, and 
(3) the electro-metallurgical method. 



The methods of working vary according to the nature of 
the ores treated and local circumstances. The dry method, 
or ordinary smelting, cannot be profitably practised with ores 
containing less than 4% of copper, for which and for still poorer 
ores the wet process is preferred. 

Copper Smelling.— Wt shall first give the general principles 
which underlie the methods for the dry extraction of copper, and 
then proceed to a more detailed discussion of the plant used. 
Since all sulphuretted copper ores (and these are of the most 
economic importance) are invariably contaminated with arsenic 
and antimony, it is necessary to eliminate these impurities, as 
far as possible, at a very early stage. This is effected by calcina- 
tion or roasting. The roasted ore is then smelted to a mixture 
of copper and iron sulphides, known as copper " matte " or 
" coarse-metal/' which contains little or no arsenic, antimony 
or silica. The coarse-metal is now smelted, with coke and 
siliceous fluxes (in order to slag off the iron), and the product, 
consisting of an impure copper sulphide, is variously known as 
" blue-metal/' when more or less iron is still present, " pimple- 
metal," when free copper and more or less copper oxide is present, 
or " fine " or " white-metal," which is a fairly pure copper 
sulphide, containing about 75% of the metal. This product is 
re-smelted to form "coarse-copper," containing about 95% of 
the metal, which is then refined. Roasted ores may be smelted 
in reverberatory furnaces (English process), or in blast-furnaces 
(German or Swedish process). The matte is treated either In 
reverberatory furnaces (English process), in blast furnaces 
(German process), or in converters (Bessemer process). The 
" American process " or M Pyritic smelting " consists in the 
direct smelting of raw ores to matte in blast furnaces. The 
plant m which the operations are conducted varies in different 
countries. But though this or that process takes its name from 
the country in which it has been mainly developed, this does hot 
mean that only that process is there followed. 

The " English process " is made up of the following operations: 
(1) calcination; (2) smelting in reverberatory furnaces to form 
the matte; (3) roasting the matte; and (4) subsequent smelting 
in reverberatory furnaces to fine- or white-metal; (5) treating 
the fine-metal in reverberatory furnaces to coarse- or Mister- 
copper, either with or without previous calcination; (6) refining 
of the coarse-copper. A shorter process (the so-called " direct 
process ") converts the fine-metal into refined copper directly. 
The "Welsh process" closely resembles the English method; 
the main difference consists in the enrichment of the matte by 
smelting with the rich copper-bearing slags obtained in sub- 
sequent operations. The " German or Swedish process " -is 
characterized by the introduction of blast-furnaces. It is made 
up of the following operations: (x) calcination, (*) smelting in 
blast-furnaces to form the matte, (3) roasting the matte, (4) 
smelting in blast-furnaces with coke and fluxes to " black- " or 
" coarse-metal," (5) refining the coarse-metal. The " Anglo- 
German. Process " is a combination of the two preceding, and 
consists in smelting the calcined ores in shaft furnaces, con- 
centrating the matte in reverberatory furnaces, and smelting to 
coarse-metal in either. 

The impurities contained In coarse-copper are mainly Iron, lead, 
zinc, cobalt, nickel, bismuth, arsenic, antimony, sulphur, 
selenium and tellurium. These can be eliminated by an oxidizing 
fusion, and slagging or volatilising the products resulting from 
this operation, or by electrolysis (see below). In the process 
of oxidation, a certain amount of cuprous oxide is always formed, 
which melts in with the copper and diminishes its softness and 
tenacity. It is, therefore, necessary to reconvert the oxide into 
the metal. This is effected by stirring the molten metal with a 
pole of green wood (" poling "); the products which arise from 
the combustion and distillation of the wood reduce the oxide to 
metal, and if the operation be properly conducted "tough-pitch " 
copper, soft, malleable and exhibiting a lustrous sQky fracture, 
is obtained. The surface of the molten metal fa protected from 
oxidation by a layer of anthracite or charcoal. " Bean-shot " 
copper is obtained by throwing the molten metal into hot water; 
If cold water be used, "feathered-shot" copper is formed. 



104 



COPPER 



" Rowtte " copper is obtained as thin plates of a characteristic 
dark-red colour, by pouring water upon the surface of the molten 
metal, and removing the crust formed. "Japan" copper is 
purple-red in colour, and is formed by casting into ingots, 
weighing from six ounces to a pound, and rapidly cooling by 
immersion in water. The colour of these two varieties is due to 
a layer of oxide. " Tile " copper is an impure copper, and is 
obtained by refining the first tappings. " Best-selected " copper 
is a purer variety. 

Calcination or Roasting and Calcining Furnace* .—The roasting 
should be conducted so as to eliminate as much of the arsenic 
and antimony as possible, and to leave just enough sulphur as is 
necessary to combine with all the copper present when the 
calcined ore is smelted. The process is effected either in heaps, 
stalls, shaft furnaces, reverberatory furnaces or muffle furnaces. 
Stall and heap roasting require considerable time, and can only 
be economically employed when the loss of the sulphur is of no 
consequence; they also occupy much space, but they have the 
advantage of requiring little fuel and handling. Shaft furnaces 
are in use for ores rich in sulphur, and where it is desirable to 
convert the waste gases into sulphuric acid. Reverberatory 
roasting does not admit of the utilization of the waste gases, 
and requires fine ores and much labour and fuel; it has, however, 
the advantage of being rapid. Muffle furnaces are suitable for 
fine ores which are liable to decrepitate or sinter. They involve 
high cost in fuel and labour, but permit the utilization of the 
waste gases. 

Reverberatory furnaces of three types are employed in 
calcining copper ores: (z) fixed furnaces, with either hand or 
mechanical rabbling; (a) furnaces with movable beds; (3) 
furnaces with rotating working chambers. Hand rabbling 
in fixed furnaces has been largely superseded by mechanical 
rabbling. Of mechanically rabbling furnaces we may mention 
the O'Harra modified by Allen-Brown, the Hixon, the Keller- 
Gaylord-Cole, the Ropp, the Spence, the Wethey, the Parkes, 
Pearce's "Turret" and Brown's "Horseshoe" furnaces. 
Blake's and Brunton's furnaces are reverberatory furnaces with 
a movable bed. Furnaces with rotating working chambers admit 
of continuous working; the fuel and labour costs are both low. 

In the White-Howell revolving furnace with lifters— a modifica- 
tion of the Oxland — the ore is fed and discharged in a continuous 
stream. The Bruckner cylinder resembles the Elliot and Russell 
black ash furnace; its cylinder tapers slightly towards each end, 
and is generally 18 ft. long by 8 ft. 6 in. in its greatest diameter. 
Its charge of from 8 to 12 tons of ore or concentrates is slowly 
agitated at a rate of three revolutions a minute, and in from 
94 (036 hours it is reduced from say 40 or 35% to 7%of sulphur. 
The ore is under better control than is possible with the continu- 
ous feed and discharge, and when sufficiently roasted can be 
passed red-hot to the reverberatory furnace. These advantages 
compensate for the wear and tear and the coat of moving the 
heavy dead-weight. 

Shaft calcining furnaces are available for fine ores and permit 
the recovery of the sulphur. They are square, oblong or circular 
in section, and the interior is fitted with horizontal or inclined 
plates or prisms, which regulate the fall of the ore. In the 
Gerstenhoffer and Hasenclever^Hclbig furnaces the fall is 
retarded by prisms and inclined plates. In other furnaces the 
ore rests on a series of horizontal plates, and either remains on 
the same plate throughout the operation (Ollivier and Perret 
furnace), or is passed from plate to plate by hand (Maletra), 
or by mechanical means (Spence and M'Dougall). 

The M'Dougall furnace is turret-shaped, and consists of a series 
of circular hearths, on which the ore is agitated by rakes attached 
to revolving arms and made to fall from hearth to hearth. It 
has been modified by Herreshoff, who uses a large hollow revolv- 
ing central shaft cooled by a current of air. The shaft is provided 
with sockets, into which movable arms with their rakes are 
readily dropped. The Peter Spence type of calcining furnace 
has been followed in a large number of inventions. In some the 
rakes are attached to rigid frames, with a reciprocating motion, 
in others to cross-bars moved by revolving chains. Some of 



these furnaces are straight, others circular. Some have only 
one hearth, others three. This and the previous type of furnace, 
owing to their large capacity, are at present in greatest favour. 
The M'Dougall-HerreshoxT, working on ores of over 30% of 
sulphur, requires no fuel; but in furnaces of the reverberatory 
type fuel must be used, as an excess of air enters through the 
slotted sides and the hinged doors which open and shut frequently 
to permit of the passage of the rakes. The consumption of fuel, 
however, does not exceed z of coal to 10 of ore. The quantity of 
ore which these large furnaces, with a hearth area as great as 
2000 ft and over, will roast varies from 40 to 60 tons a day. 
Shaft calcining furnaces like the Gerstenhoffer, Hasendever, 
and others designed for burning pyrites fines have not found 
favour in modern copper works. 

The Fusion of Ores in Reverberatory and Cupola Furnaces.— 
After the ore has been partially calcined, it is smelted to extract 
its earthy matter and to concentrate the copper with part of its 
iron and sulphur into a matte. In reverberatory furnaces it is 
smelted by fuel in a fireplace, separate from the ore, and in 
cupolas the fuel, generally coke, is in direct contact with the ore. 
When Swansea was the centre of the copper-smelting industry 
in Europe, many varieties of ores from different mines were 
smelted in the same furnaces, and the Welsh reverberatory 
furnaces were used. To-day more than eight-tenths of the 
copper ores of the world are reduced to impure copper bars or to 
fine copper at the mines; and where the character^ of the ore 
permits, the cupola furnace is found more economical in both 
fuel and labour than the reverberatory. 

The Welsh method finds adherents only in Wales and Que. 
In America the usual method is to roast ores or concentrates 
so that the matte yielded by either the reverberatory or cupola 
furnace will run from 45 to 50% in copper, and then to transfer 
to the Bessemer converter, which blows it up to 90 %. In Butte, 
Montana, reverberatories have in the past been preferred to 
cupola furnaces, as the charge has consisted mainly of fine 
roasted concentrates; but the cupola is gaining ground there. 
At the Boston and Great Falls (Montana) works tilting reverbera- 
tories, modelled after open hearth steel furnaces, were first 
erected; but they were found to possess objectionable features. 
Now both these and the egg-shaped reverberatories are being 
abandoned for furnaces as long as 43 ft. 6 in. from bridge to 
bridge and of a width of 15 ft. 9 in. heated by gas, with re- 
generative checker work at each end, and fed with ore or con 
centrales, red-hot from the caldners, through a line of hoppers 
suspended above the roof. Furnaces of this size smelt 200 tons 
of charge a day. But even when the old type of reverberatory 
is preferred, as at the Argo works, at Denver, where rich gold 
and silver-bearing copper matte is made, the growth of th* 
furnace in size has been steady. Richard Pearce's reverberatories 
in 1878 had an area of hearth of is ft. by 9 ft. 8 in., and smelted 
12 tons of cold charge daily, with a consumption of z ton of 
coal to 2*4 tons of ore. In zooo the furnaces were 35 ft. by 16 ft, 
and smelt 50 tons daily of hot ore, with the consumption of z ton 
of coal to 3*7 tons of ore. 

The home of cupola smelting was Germany, where it has sever 
ceased to make steady progress. In Mansfeld brick cupola 
furnaces are without a rival in size, equipment and performance. 
They are round stacks, designed on the model of iron blast 
furnaces, 20. ft, high, fed mechanically, and provided with stoves 
to heat the blast by the furnace gases. The low percentage ol 
sulphur in the roasted ore is little more than enough to produce 
a matte of 40 to 45%* and therefore the escaping aases are 
better fitted than those of most copper cupola furnaces lor 
burning in a stove. But as the slag carries on an average 46 1* 
of silica, it is only through the utmost skill that it can be made 
to run as low on an average as 0*3% in copper oxide. As the 
matte contains on an average o-a% of silver, it is still treated 
by the Ziervogel wet method of extraction, the management 
dreading the loss which might occur in the Bessemer process 
of concentration, applied as preliminary to electrolytic serjsrsuon. 
Blast furnaces of large size, built of brick, have been constructs 
for treating the richest and more sOidous ores of Rio Trnto, sod 



COPPER 



105 



tie Rio Tinto Company has introduced converters at the mine. 
This method of extraction contrasts favourably in time with 
the 1 caching process, which is so slow that over 10,000,000 
tons of ore are always under treatment on the immense leaching 
floors of the company's works in Spain. In the United States 
the cupola has undergone a radical modification in being built 
of water-jacketed sections. The first water-jacketed cupola 
which came into general use was a circular inverted cone, with 
a slight taper, of 36 inches diameter at the tuyeres, and com- 
posed of an outer and an inner metal shell, between which 
water circulated. As greater size has been demanded, oval and 
rectangular furnaces — as large as 180 in. by 56 in. at the tuyere* — 
have been built in sections of cast or sheet iron or steel. A single 
section can be removed and replaced without entirely emptying 
the stack, as a shell of congealed slag always coats the inner 
surface of the jacket The largest furnaces are those of the 
Boston & Montana Company at Great Falls, Montana, which 
have put through 500 tons of charge daily, pouring their melted 
slag and matte into large wells of 10 ft. in diameter. A combined 
brick.- and water-cooled furnace has been adopted by the Iron 
Mountain Company at Keswick, Cal., for matte concentration. 
In it the cooling is effected by water pipes, interposed horizontally 
between the layers of bricks. The Mt. Lyell smelting works m 
Tasmania, which are of special interest, will be referred to later. 
(See Pyritic Smelting below.) 

Concentrating Matte to Copper in the Bessemer Converter.— At 
soon as the pneumatic method of decarburizing pig iron was 
accepted as practicable, experiments were made with a view to 
Bessemerizing copper ores and mattes. One of the earliest and 
most exhaustive series of experiments was made on Rio Tinto 
ores at the John Brown works by John Hollway, with the aim 
of both smelting the ore and concentrating the matte in the 
same furnace, by the heat evolved through the oxidation of 
their sulphur and iron. Experiments along the same lines were 
made by Francis Bawden at Rio Tinto and Claude Vautin in 
Australia. The difficulty of effecting this double object in one 
operation was so great that in subsequent experiments the aim 
was merely to concentrate the matte to metallic copper in con- 
verters of the Bessemer type. The concentration was effected 
without any embarrassment till metallic copper commenced to 
separate and chill in the bottom tuyeres. To meet this obstacle 
P. Manhes proposed elevated side tuyeres, which could be kept 
dear by punching through gates in a wind box. His invention 
was adopted by the Vivians, at the Eguilles works near Sargues, 
Vauduse, France, and at Leghorn in Italy. But the greatest 
expansion of this method has been in the United States, where 
more than 400,000,000 lb. of copper are annually made in 
Bessemer converters. Vessels of several designs are used — 
some modelled exactly after steel converters, other barrel- 
shaped, but all with side tuyeres elevated about xo in. above 
the level of the bottom lining. Practice, however, in treating 
copper matte differs essentially from the treatment of pig iron, 
inasmuch as from so to 3©% of iron must be eliminated as slag 
and an equivalent quantity of silica must be supplied. The only 
practical mode of doing this, as yet devised, is by lining the con- 
verter with a sflidous mixture. This is so rapidly consumed 
that the converters must be cooled and partially relined after 
3 to 6 charges, dependent on the iron contents of the matte. 
When available, a silidous rock containing copper or the precious 
metals is of course preferred to barren lining. The material 
for lining, and the frequent replacement thereof, constitute the 
principal expense of the method. The other items of cost are 
is k w , the quantity of which depends on the mechanical appliances 
provided for handling the converter shells and inserting the 
fining; and the blast, which in barrel-shaped converters is low 
and in vertical converters is high, and which varies therefore 
from 3 to 15 lb to the square inch. The quantity of air consumed 
in a converter which will blow up about 35 tons of matte per day 
is about 3000 cub. ft. per minute. The operation of raisins; a 
charge of 50% matte to copper usually consists of two blows. 
The first mow occupies about 25 minutes, and oxidizes all but 
a small quantity of the iron and some of the Sulphur, raising 



the product to white metal. The slag is then poured and 
skimmed, the blast turned on and converter retilted. During the 
second blow the sulphur is rapidly oxidized, and the charge 
reduced to metal of 99% in from 30 to 40 minutes. Little or 
no slag results from the second blow. That from the first blow 
contains between 1% and a% of copper, and is usually poured 
from ladles operated by an electric crane into a reverberatory, 
or into the settling well of the cupola. The matte also, in all 
economically planned works, is conveyed, still molten, by 
electric cranes from the furnace to the converters. When lead 
or zinc is not present in notable quantity, the loss of the precious 
metals by volatilization is slight, but more than 5% of these 
metals in the matte is prohibitive. Under favourable conditions 
in the larger works of the United States the cost of converting 
a 50% matte to metallic copper is generally understood to bo 
only about tV to iV of a cent per lb. of refined copper. 

Pyritic Smelting.— The heat generated by the oxidation of 
iron and sulphur has always been used to maintain combustion 
in the kilns or stalls for roasting pyrites. Pyritic smelting is 
a development of the Russian engineer Semenikov's treatment 
(proposed in 1S66) of copper matte in a Bessemer converter. 
Since John HoUway*s and other early experiments of Lawrence 
Austin and Robert Sticht, no serious attempts have been made 
to utilize the heat escaping from a converting vessd in smelting 
ore and matte either in the same apparatus or in a separate 
furnace. But considerable progress has been made in smelting 
highly sulphuretted ores by the heat of their own oxidizable 
constituents. At Tilt Cove, Newfoundland, the Cape Copper 
Company smelted copper ore, with just the proper proportion 
of sulphur, iron and silica, successfully without any fuel, when 
once the initial charge had been fused with coke. The furnaces 
used were of ordinary design and built of brick. Lump ore alone 
was fed, and the resulting matte showed a concentration of only 
3 into x. When, however, a hot blast is used on highly 
sulphuretted copper ores, a concentration of 8 of ore into x of 
matte is obtained, with a consumption of less than one-third 
the fuel which would be consumed in smelting the charge had 
the ore been previously calcined. A great impetus to pyritic 
smelting was given by the investigations of W. L. Austin, of 
Denver, Colorado, and both at Leadville and Silverton raw ores 
are successfully smelted with as low a fuel consumption as 3 of 
coke to 100 of charge. 

Two types of pyritic smelting may be distinguished: one, 
in which the operation is solely sustained by the combustion of 
the sulphur in the ores, without the assistance of fuel or a hot 
blast; the other in which the operation is accelerated by fuel, 
or a hot blast, or both. The largest establishment in which 
advantage is taken of the self-contained fuel is at the smelting 
works of the Mt Lyell Company, Tasmania. There the blast 
is raised from 6oo° to 700° F. in stoves heated by extraneous 
fuel, and the raw ore smelted with only 3 % of coke. The 
ore is a compact iron pyrites containing copper 2*5%, silver 
3*&3 oz., gold 0*139 oz. It is smelted raw with hot blast in 
cupola furnaces, the largest being a 10 in. by 40 in. The resulting 
matte runs 25%. This is reconcentrated raw in hot-blast 
cupolas to 55%, and blown directly into copper in converters. 
Thus these ores, as heavily charged with sulphur as those of the. 
Rio Tinto, are speedily reduced by three operations and without 
roasting, with a saving of 97*6% of the copper, 93 -a % of the 
silver and 93*6 % of the gold. 

Pyritic smelting has met with a varying economic success. 
According to Herbert Lang, its most prominent chance of success 
is in localities where fud is dear, and the ores contain precious 
metals and sufficient sulphides and arsenides to render profitable 
dressing unnecessary. 

The NickoUs and James Process.— Nicholls and James have 
applied, very ingeniously, well-known reactions to the refining 
of copper, raised to the grade of white metal. This process is 
practised by the Cape Copper and Elliot Metal Company. A 
portion of the white metal is calcined to such a degree of oxidation 
that when fused with the unroasted portion, the reaction between 
the oxygen in the roasted matte and the sulphur in the raw 



io6 



COPPER 



material liberates the metallic copper. The metal is so pure that 
It can be refined by a continuous operation in the same furnace. 

Wet Methods jar Copper Extraction.— Wet methods are only 
employed for low grade ores (under favourable circumstances 
ore containing from i to i % of copper has admitted of economic 
treatment), and for gold and silver bearing metallurgical 
products. 

The fundamental principle consists in getting the ore into 
a solution, from which the metal can be precipitated. The ores 
of any economic importance contain the copper either as oxide, 
carbonate, sulphate or sulphide. These compounds are got into 
solution either as chlorides or sulphates, and from either of these 
salts the metal can be readily obtained. Ores in whkh the 
copper is present as oxide or carbonate are soluble in sulphuric 
or hydrochloricacKisJerrouschloride.ferric sulphate, ammoniacal 
compounds and sodium thiosulphate. Of these solvents, only 
the first three are of economic importance. The choice of sul- 
phuric or hydrochloric aftd depends mainly upon the cost, both 
acting with about the same rapidity; thus if a Leblanc soda 
factory is near at hand, then hydrochloric add would most 
certainly be employed. Ferrous chloride is not much used; 
the Douglas-Hunt process uses a mixture of salt and ferrous 
sulphate which involves the formation of ferrous chloride, and 
the new Douglas-Hunt process employs sulphuric acid in which 
ferrous chloride is added after leaching. 

Sulphuric acid may be applied as such on the ores placed in 
lead, brick, or stone chambers; or as a mixture of sulphur 
dioxide, nitrous fumes (generated from Chile saltpetre and 
sulphuric acid), and steam, which permeates the ore resting on 
the false bottom of a brick chamber. When most of the copper 
has been converted into the sulphate, the ore is lixiviated. 
Hydrochloric add is appb'ed in the same way as sulphuric acid; 
it has certain advantages of which the most important is that 
it does not admit the formation of basic salts; its chief dis- 
advantage is that it dissolves the oxides of iron, and accordingly 
must not be used for highly ferriferous ores. The solubility of 
copper carbonate in ferrous chloride solution was pointed out 
by Max Schaffner in 1862, and the subsequent recognition of 
the solubility of the oxide in the same solvent by James Douglas 
and Sterry Hunt resulted in the " Douglas-Hunt " process for 
the wet extraction of copper. Ferrous chloride decomposes the 
copper oxide and carbonate with the formation of cuprous and 
cupric chlorides (which remain in solution), and the precipitation 
of ferrous oxide, carbon dioxide being simultaneously liberated 
from the carbonate. In the original form of the Douglas-Hunt 
process, ferrous chloride was formed by the interaction of sodium 
chloride (common salt) with ferrous sulphate (green vitriol), 
the sodium sulphate formed at the same time being removed by 
crystallization. The ground ore was stirred with this solution 
at 70° C. in wooden tubs until all the copper was dissolved. The 
liquor was then filtered from the iron oxides, and the filtrate 
treated with scrap iron, which precipitated the copper and 
reformed ferrous chloride, which could be used in the first stage 
of the process. The advantage of this method rests chiefly on 
the small amount of iron required; but its disadvantages are 
that any silver present in the ores goes into solution, the forma- 
tion of basic salts, and the difficulty of filtering from the iron 
oxides. A modification of the method was designed to remedy 
these defects. The ore is first treated with dilute sulphuric add, 
and then ferrous or calcium chloride added, thus forming copper 
chlorides. If calcium chloride be used the predpltated calcium 
sulphate must be removed by nitration. Sulphur dioxide is then 
blown in, and the predpitate is treated with iron, which produces 
metallic copper, or milk of lime, which produces cuprous oxide. 
Hot air is blown into the filtrate, which contains ferrous or calcium 
chlorides, to expel the excess of sulphur dioxide, and the liquid 
can then be used again. In this process (" new Douglas-Hunt ") 
there are no iron oxides formed, the silver is not dissolved, and 
the quantity of iron necessary is relatively small, since all the 
copper is in the cuprous condition. It is not used in the treat- 
ment of ores, but finds application in the case of caldned argenti- 
ferous lead and copper mattes. 



The predpitation of the copper from the solution, in which 
it is present as sulphate, or as cuprous and cupric chlorides, is 
generally effected by metallic iron. Either wrought, pig, iron 
sponge or iron bars are employed, and it is important to notice 
that the form in which the copper is precipitated, and also the 
time taken for the separation, largely depend upon the condition 
in which the iron is appb'ed- Spongy iron acts most rapidly, and 
after this follow iron turnings and then sheet clippings. Other 
predpitants such as sulphuretted hydrogen and solutions of 
sulphides, which predpitate the copper as sulphides, and milk 
of lime, which gives copper oxides, have not met with commercial 
success. When using iron as the precipitant, it is desirable that 
the solution should be as neutral as possible, and the quantity of 
ferric salts present should be reduced to a minimum; otherwise, 
a certain amount of iron would be used up by the free add and 
in reducing the ferric salts. Ores in which the copper is present 
as sulphate are directly lixiviated and treated with iron. Mine 
waters generally contain the copper in this form, and it is 
extracted by conducting the waters along troughs fitted with iron 
gratings. 

The wet extraction of metallic copper from ores in which it 
occurs as the sulphide, may be considered to involve the following 
operations: (1) conversion of the copper into a soluble form, 
(a) dissolving out the soluble copper salt, (3) the precipitation 
of the copper. Copper sulphide may be converted dther into 
the sulphate, which is soluble in water; the oxide, soluble in 
sulphuric or hydrochloric acid; cupric chloride, soluble in water; 
or cuprous chloride, which is soluble in solutions of metallic 
chlorides. 

The conversion into sulphate is generally effected by the 
oxidizing processes of weathering, calcination, heating with iron 
nitrate or ferric sulphate. It may also be accomplished by 
calcination with ferrous sulphate, or other easily decomposable 
sulphates, such as aluminium sulphate. Weathering is a very 
slow, and, therefore, an expensive process; moreover, the entire 
conversion is only accomplished after a number of years. Cal- 
cination is only advisable for ores which contain relatively much 
iron pyrites and little copper pyrites. Also ; however slowly the 
calcination may be conducted, there is always more or less 
copper sulphide left unchanged, and some copper oxide formed. 
Calcination with ferrous sulphate converts all the copper sulphide 
into sulphate. Heap roasting has been successfully employed 
at Agordo, in the Venetian Alps, and at Majdanpek in Scrvia. 
Josef Perino's process, which consists in heating the ore with iron 
nitrate to 50°— 150° C, is said to possess several advantages, 
but it has not been applied commercially. Ferric sulphate is 
only used as an auxiliary to the weathering process and in an 
electrolytic process. 

The conversion of the sulphide into oxide is adopted where the 
Douglas-Hunt process is employed, or where hydrochloric or 
sulphuric acids are cheap. The calcination is effected in rever- 
beratory furnaces, or in mufBe furnaces, if the sulphur is to be 
recovered. Heap, stall or shaft furnace roasting is not very 
satisfactory, as it is very difficult to transform all the sulphide 
into oxide. 

The conversion of copper sulphide into the chlorides may 
be accomplished by caldning with common salt, or by treating 
the ores with ferrous chloride and hydrochloric add or with 
ferric chloride. The dry way is best; the wet way is only 
employed when fud is very dear, or when it is absolutely 
necessary that no noxious vapours should escape into the 
atmosphere. The dry method consists in an oxidizing roasting 
of the ores, and a subsequent chloridixing roasting with either 
common salt or Abraumsah in reverberatory or muffle furnaces. 
The bulk of the copper is thus transformed into cupric chloride, 
little cuprous chloride being obtained. This method had been 
long proposed by William Longmaid, Max Schaffner, Becchi and 
Haupt, but was only introduced into England by the labours of 
William Henderson, J. A. Phillips and others. The wet method 
is employed at Rio Tinto, the particular variant being known 
as the " Dotsch " process. This consists in sucking the broken 
ore in heaps and adding a mixture of sodium sulphate and ferric 



COPPER 



107 



chloride in the proportions necessary for the entire conversion 
d the iron into ferric sulphate. The heaps are moistened with 
ferric chloride solution, and the reaction is maintained by the 
liquid percolating through the heap. The liquid is run off at the 
base of the heaps into the precipitating tanks, where the copper 
is thrown down by means of metallic iron. The ferrous chloride 
formed at the same time is converted into ferric chloride which 
can be used to moisten the heaps. This conversion is effected by 
allowing the ferrous chloride liquors slowly to descend a tower, 
filled with pieces of wood, coke or quartz,, where it meets an 
ascending current of chlorine. 

The sulphate, oxide or chlorides, which are obtained from 
the sulphuretted ores, are lixiviated and the metal precipitated 
in the same manner as we have previously described. 

The metal so obtained is known as " cement " copper. If it 
contains more than 55% of copper it is directly refined, while 
if it contains a lower percentage it is smelted with matte or 
calcined copper pyrites. The chief impurities are basic salts of 
iron, free iron, graphite, and sometimes silica, antimony and iron 
arsenate*. Washing removes some of these impurities, but some 
copper always passes into the slimes. If much carbonaceous 
matter be present (and this is generally so when iron sponge is 
used as the precipitant) the crude product is heated to redness 
in the air; this burns out the carbon, and, at the same time, 
oxidizes a little of the copper, which must be subsequently 
reduced. A similar operation is conducted when arsenic is 
present; basic-lined reverberatory furnaces have been used for 
the same purpose. 

Electrolytic Refining.— The principles have long been known 
on which is based the electrolytic separation of copper from the 
certain elements which' generally accompany it, whether these, 
like silver and gold, are valuable, or, like arsenic, antimony, 
bismuth, selenium and tellurium, are merely impurities. But it 
was not until the dynamo was improved as a machine for generat- 
ing large quantities of electricity at a very low cost that the 
electrolysis of copper could be practised on a commercial scale. 
To-day, by reason of other uses to which electricity is applied, 
electrically deposited copper of high conductivity is in ever- 
increasing demand, and commands a higher price than copper 
refined by fusion. This increase in value permits of copper with 
not over £2 or $10 worth of the precious metals being profitably 
subjected to electrolytic treatment. Thus many million ounces 
of silver and a great deal of gold are recovered which formerly 
were lost. 

The earliest serious attempt to refine copper industrially was 
made by G. R. Elkington, whose first patent is dated 1865. 
He cast crude copper, as obtained from the ore, into plates 
which were used as anodes, sheets of electro-deposited copper 
forming the cathodes. Six anodes were suspended, alternately 
with four cathodes, in a saturated solution of copper sulphate in 
a cylindrical fire-clay trough, all the anodes being connected 
in one parallel group, and all the cathodes in another. A hundred 
or more jars were coupled in series, the cathodes of one to the 
anodes of the next, and were so arranged that with the aid of 
side-pipes with leaden connexions and india-rubber joints the 
electrolyte could, once daily, be made to circulate through them 
all from the top of one jar to the bottom of the next. The current 
from a Wilde's dynamo was passed, apparently with a current 
density of 5 or 6 amperes per sq. ft., until the anodes were too 
crippled for further use. The cathodes, when thick enough, were 
either cast and rolled or sent into the market direct. Silver and 
other insoluble impurities collected at the bottom of the trough 
up to the level of the lower side-tube, and were then run off 
through a plug in the bottom into settling tanks, from which 
they were removed for metallurgical treatment. The electrolyte 
was used until the accumulation of iron in it was too great, but 
was mixed from time to time with a little water acidulated by 
sulphuric acid. This process is of historic interest, and in 
principle it is identical with that now used. The modifications 
introduced have been chiefly in details, in ofder to economize 
materials and labour, to ensure purity of product, and to increase 
the rate of deposition. 



The chemistry of the process has been studied by Martin Kfliani 
(Berg- %nd HiUenmdnniscke Zeitung, 1885, p. 249), who found 
that, using the (low) current-density of 1*8 ampere per sq. ft. of 
cathode, and an electrolyte containing 1$ lb of copper sulphate 
and v lb of sulphuric acid per gallon, all the jgold, platinum and 
silver present in the crude copper anode remain as metals, undis- 
solved, in the anode slime or mud, and all the lead remains there 
as sulphate, formed by the action of the sulphuric acid (or SO 4 ions) ; 
he found also that arsenic forms arsenious oxide, which dissolves 
until the solution is saturated, and then remains in the slime, from 
which on long standing it gradually dissolves, after conversion by 
secondary reactions into arsenic oxide; antimony forms a basic 
sulphate which in part dissolves; bismuth partly dissolves and 
partly remains, but the dissolved portion tends slowly to separate 
out as a basic salt which becomes added to the slime; cuprous oxide, 
sulphide and selenides remain in the slime, and very slowly pass 
into solution by simple chemical action; tin partly dissolves (but 
in part separates again as basic salt) and partly remains as basic 
sulphate and stannic oxide; zinc, iron, nickel and cobalt pass into 
solution — more readily indeed than does the copper. Of the metals 
which dissolve, none (except bismuth, which is rarely present in 
any quantity) deposits at the anode so long as the solution retains 
its proper proportion of copper and acid, and the current-density 
is not too great. Neutral solutions are to be avoided because in them 
S U_„ .«_-•• — t .v ..- „ j v- : i—-^ negativc than 

co md arsenic are 

ah . Electrolytic 

co *r, the balance 

co 'Oi % in all of 

\a a a degree of 

pt of electrolysis 

an the free acid is 

gr n certain con- 

sti lifferent metals 

of ndentry of the 

cu on) ol ferrous 

su ame time there 

is n the solution, 

be ositivc) metals 

ar is deposited at 

th~ — . ~„. , , jf the solution, 

on which so much depends, must be constantly watched. 

The dependence 01 the mechanical qualities of the copper upon 
the current-density employed is well known. A very weak current 
gives a pale and brittle deposit, but as the current-density is in- 
creased up to a certain point, the properties of the metal improve ; 
beyond this point they deteriorate, the colour becoming darker and 
the deposit less coherent, until at last it is dark brown and spongy 
or pulverulent. The presence of even a small proportion of hydro- 
chloric acid imparts a Drown tint to the deposit. Baron H. v. Hubl 
(MiUheil. des k. k. milU&r-geogroph. Inst., 1886, vol. vi. p. 51) has 
found that with neutral solutions a 5% solution of copper sulphate 
> % solution the best deposit was 
with 
gave 



gave no good result, while with a 20, _ 

obtained: vith a current-density of 28 amperes per sq. ft.; 
solutions containing 2% of sulphuric acid, the 5% solution 
good deposits with current-densities of 4 to 7*5 amperes, and the 
20% solution with x 1*5 to 37 amperes, per sq. ft. The maximum 
current-densities for a fmre acid solution at rest were : for 15 % pure 
copper sulphate solutions 14 to 21 amperes, and for 20% solutions 
i8«5 to 28 amperes, per sq. ft.; but when the solutions were kept 
in gentle motion these maxima, could be increased to 21-28 and 
28-37 amperes per sq. ft. respectively. The necessity for adjusting 
the current-density to the composition and treatment of the electro- 
lyte is thus apparent. The advantage of keeping the solution in 
motion is due partly to the renewal of solution thus effected in the 
neighbourhood of the electrodes, and partly to the neutralization of 
the tendency of liquids undergoing electrolysis to separate into layers, 
dut to the different specific gravities of the solutions flowing from 
the opposing electrodes. Such an irregular distribution of the 
bath, with strong copper sulphate solution from the anode at the 
bottom and acid solution from the cathode at the top, not only 
alters the conductivity in different strata and so causes irregular 
current-distribution, but may lead to the current-density in the 
upper layers being too great for the proportion of copper there 
present. Irregular and defective deposits are therefore obtained. 
Provision for circulation of solution is made in the systems of 
copper-refining now in use. Henry Wilde, in 1875, in depositing 
copper on iron printing-rollers, recognized this principle and rotated 
the rollers during electrolysis, thereby renewing the surfaces of metal 
and liquid in mutual contact, and imparting sufficient motion to 
the solution to prevent stratification; as an alternative he imparted 
motion to the electrolyte by means of propeller blades. Other 
workers have followed more or less on the same lines; reference 
may be made to the patents of F. E. and A. S. Elmore, who sought 
to improve the character of the deposit by burnishing during electro- 
lysis, of E. Dumoulin, and Sherard Cowper-Coles (Engineering 
Renew, 1005, vol. xiii. p. 392), who prefers to rotate the cathode 
at a speed that maintains a peripheral velocity of at least 1000 ft. 
per minute. Certain other inventors have applied the same principle 
in a different way. H. Thofehrn in America and J. C. Graham ia 



io8 



COPPER 



England have patented processes by which jets of the electrolyte 
are caused to impinge with considerable force upon the surface of 
the cathode, so that the renewal of the liquid at this point takes 
place very rapidly, and current-densities per sq. ft. of 50 to 100 
amperes are recommended by the former, and of 300 amperes by the 
latter. Graham has described experiments in this direction, using 
a jet of electrolyte forced (beneath the surface of the bath) through 
a hole in the anode upon the surface of the cathode. Whilst the jet 
was playing, a good deposit was formed with so high a current-density 
as 280 amperes per sq. ft., but if the jet was checked, the deposit 
(now in a still liquid) was instantaneously ruined. When two or 
more jets were used side by side the deposit was good opposite the 
centre of each, but bad at the point where two currents met, because 
the rate of flow was reduced. By introducing perforated shields 
of ebonite between the electrodes* so that the full current-density 
was only attained at the centres of the jets, these ill effects could 
be prevented. One of the chief troubles met with was the formation 
of arborescent growths around the edges of the cathode, due to the 
greater current-density in this region; this, however, was also 
obviated by the use of screens. By means of a very brisk rotation 
of cathode, combined with a rapid current of electrolyte, J. W. 
Swan has succeeded in depositing excellent copper at current- 
densities exceeding 1000 amperes per sq. ft. The methods by which 
such results are to be obtained cannot, however, as yet be practised 
economically on a working scale; one great difficulty in applying: 
them to the refining of metals is that the jets of liquid would be 
liable to carry with them articles of anode mud, and Swan has shown 
that the presence of solid particles in the electrolyte is one of the 
most fruitful causes of the well-known nodular growths on electro- 
deposited copper. Experiments on a working scale with one of the 
}*et processes in America have, it is reported, been given up after a 
ull trial. 

In copper-refining practice, the current-density commonly ranges 
from 7-5 to 12 or 15, and occasionally to 18, amperes per sq. ft. 
The electrical pressure required to force a current of this intensity 
through the solution, and to overcome a certain opposing electro- 
motive force arising from the more electro-negative impurities of 
the anode, depends upon the composition of the bath and of the 
anodes, the distance between the electrodes, and the temperature, 
but under the usual working conditions averages 0-3 volt for every 
pair of electrodes in series. In nearly all the processes now used, 
the solution contains about li to 2 lb of copper sulphate and from 
K to 10 oz. of sulphuric acid per gallon 01 water, and the space 
between the electrodes is from 1 i to 2 in., whilst the total area of 
cathode surface in each tank may be 200 sq. ft., more or less. The 
anodes are usually cast copper plates about (say) 3 ft. by 2 ft. by 
I or 1 in. The cathodes are frequently of electro-deposited copper, 
deposited to a thickness of about «■* in. on black-leaded copper plates, 
from which they are stripped before use. The tanks are commonly 
constructed of wood lined with lead, or tarred inside, and are placed 
in terrace fashion each a little higher than the next in series, to 
facilitate the flow of solution through them all from a cistern at 
one end to a well at the other. Gangways are left between adjoining 
rows of tanks, and an overhead travelling-crane facilitates the 
removal of the electrodes. The arrangement of the tanks depends 
largely upon the voltage available from the electric generator 
selected; commonly they are divided into groups, all the baths in 
each group being in series. In the huge Anaconda plant, for example, 
in which 150 tons of refined copper can be produced daily by the 
Thofehrn multiple system (not the jet system alluded to above), 
there arc 600 tanks about B\ ft. by 4} ft. by 3} ft. deep, arranged 
in three groups of 200 tanks in series. The connexions are made 
by copper rods, each of which, in length, is twice the width of the 
tank, with a bayonet-bend in the middle, and serves to support 
the cathodes in the one and the anodes in the next tank. Self- 
registering voltmeters indicate at any moment the potential differ- 
ence in every tank, and therefore give notice of short circuits occur- 
ring at any part of the installation. The chief differences between the 
commercial systems of refining lie in the arrangement of the baths, 
in the disposition and manner of supporting the electrodes in each, 
in the method of circulating the solution, and in the current-density 
employed. The various systems are often classed in two groups, 
known respectively as the Multiple and Series systems, depending 
upon the arrangement of the electrodes in each tank. Under the 
multiple system anodes and cathodes are placed alternately, all the 
anodes in one tank being connected to one rod, and all the cathodes 
to another, and the potential difference between the terminals of 
each tank is that between a single pair of plates. Under the series 
system only the first anode and the last cathode are connected to 
the conductors; between these are suspended, isolated from one 
another, a number of intermediate bi-polar electrode plates of raw 
copper, each of these plates acting on one side as a cathode, receiving 
a deposit of copper, and on the other as an anode, passing into 
solution ; the voltage between the terminals of the tank will be as 
many times as great as that between a single pair of plates as there 
are spaces between electrodes in the tank. In time the original 
impure copper of the plates becomes replaced by refined copper, 
but if the plates are initially very impure and dissolve irregularly, 
it may happen that much residual scrap may have to be re melted, 
or that some of the metal may be twice refined, thus involving a 



waste of energy. Moreover, the high potential difference betwea 
the terminals of the series tank introduces a greater danger of short 
circuiting through scraps of metal at the bottom of the bath; fa 
this reason, also, lead-lined vats are inadmissible, and tarred slat* 
tanks are often used instead. A valuable comparison of the multipk 
and series systems has been published by E. Keller (see T^c 1/tmra 
Industry, New York, 1899, vol. vii. p. 229). G. Kroupa has calcu- 
lated that the cost of refining is 8s. per ton of copper higher undo 
the series than it is under the multiple system; but against this, it 
must be remembered that the new works of the Baltimore Coppa 
Smelting and Rolling Company, which are as large as those of tlx 
Anaconda Copper Mining Company, are using the Hayden process, 
which is the chief representative of the several series systems. la 
this system rolled copper anodes are used; these, being purer than 
ma— ~.« * ««~i~, t having fiat surfaces, and being held in place by 

rii rith great regularity and require a space of only 

i electrodes, so that the potential difference between 

eat 1 may be reduced to 0-15-0-2 volt. 

hers, in Germany, and A. E. Schneider and 0. 
Sz< rica, have introduced a method of circulating the 

sol /at by forcing air into a vertical pipe commune 

cai ic bottom and top of a tank, with the result that 

th< e air upward aspirates solution through the vertical 

pip at the same time aerating it, and causing it to 

ov« top of the tank. Obviously this slow circulation 

ha set on the rate at which the copper may be de- 

pot jctrolyte, when too impure for further use, k 

commonly recrystalliicd, or electrolysed with insoluble anodes to 
recover the copper. 

The yield of copper per ampere (in round numbers, x oz. of copper 
per ampere per diem) by Faraday's law is never attained in practice; 
and although 98% may with care be obtained, from 94 to 96% 
represents the more usual current-efficiency. With 100% current- 
efficiency and a potential difference of 0*3 volt between the electrodes, 
1 lb of copper should require about 0-154 electrical hone-power 
hours as the amount of energy to be expended in the tank tor its 
production. In practice the expenditure is somewhat greater than 
this; in large works the gross horse-power required for the refining 
itself and for power and lighting in the factory may not exceed 
0*19 to 02 (or in smaller works 0*25) horse-power* hours per pound 
of copper refined. 

Many attempts have been made to use crude sulphide of coppet 
or matte as an anode, and recover the copper at the cathode, the 
sulphur and other insoluble constituents being left at the anode. 
The best known of these is the Marchcsc process, which was tested 
on a working scale at Genoa and Stolberg in Rhenish Prussia. As 
the operation proceeded, it was found that the voltage had to be 
raised until it became prohibitive, while the anodes rapidly became 
honeycombed through and, crumbling away, filled up the space at 
the bottom of the vat. The process was abandoned, but in a modified 
form appears to be now in use in Nijni-Novgorod in Russia. Siemens 
and Halske introduced a combined process in which the ore, after 
being part-roasted, is leached by solutions from a previous electro- 
lytic operation, and the resulting copper solution electrolysed 
In this process the anode solution had to be kept separate from the 
cathode solution, and the membrane which had in consequence to tx 
used, was liable to become torn, and so to cause trouble by permitting 
the two solutions to mix. Modifications of the process have therefon 
been tried. 

Modern methods in copper smelting and refining have effectec 
enormous economy in time, space, and labour, and have conse- 
quently increased the world's output. With pyritic smelting a 
sulphuretted copper ore, fed into a cupola in the morning, can be 
passed directly to the converter, blown up to metal, and shipped 
as 99% bars by evening— an operation which formerly, will 
heap roasting of the ore and repeated roasting of the mattes ii 
stalls, would have occupied not less than four months. A largt 
furnace and a Bessemer converter, the pair capable of making 2 
million pounds of copper a month from a low-grade sulphurettec 
ore, will not occupy a space of more than 25 ft .by 100 ft.; inc 
whereas, in making metallic copper out of a low-grade sulphurettec 
ore, one day's labour used to be expended on every ton of on 
treated, to-day one day's labour will carry at least four tons 
ore through the different mechanical and metallurgical processc 
necessary to reduce them to metal. About 70% of the world': 
annual copper output is refined electrolytically, and from th< 
461,583 tons refined in the United States in 1907, there wer< 
recovered 13,995,43602. of silver and 272,150 o*. of gold. Th< 
recovery of these valuable metals has contributed in no smal 
degree to the expansion of electrolytic refining. 

Production.'— The sources of copper, its applications and it 
metallurgy, have undergone great changes. Chile was th 
largest producer in 1869 with 54,867 tons; but m 1899 be 



COPPER 



*A9 



prod action had fallen off to 25,000 tons. Great Britain, though 
she had made half the world's copper in 1830, held second place in 
1S60, making from native ores 15,968 tons; in 1900 her pro- 
duction was 777 tons, and in 1907, 711 tons. The*United States 
made only 572 tons in 1850, and 12,600 tons in 1870; but she to- 
day makes more than 60% of the world's total. In 1879, Spain 
was the largest producer, but now ranks third. 

The estimated total production for each decade of the 19th 
century in metric tons is here shown: — 

1801-1810 91,000 

1811-1820 96,000 

1821*1830 135.000 

1 831-1840 218400 

1841-1850 291,000 

1851-1860 506,999 

1861-1870 ..... ooo.ooo 

1871-1880 1.189,000 

1881-1890 2,373,398 

1891-1900 3.708,901 

The following table gives the output of various countries 
and the world's production for the years 1895, 1900, 1905, 
1907: — 



Country. 


•895. 


1900. 


»905- 


1907. 


United States . . . 
Spain and Portugal 

Japan 

Chile 

Germany .... 
Australasia . . . 

Mexico 

Russia. 

World's production 


175.294 
55.755 
18,725 
22428 
16.799 
10,160 
12,806 
5.364 


274.933 
53.718 
28.285 
26,016 
20,635 
23.368 
22,473 
8,128 


397.003 
45.527 
36.4*5 
29.632 
22492 
34483 
70,010 
8.839 


398,736 
5O470 
49.7»8 
27.112 
20,818 
4I.9IO 
61,127 
15.240 


339.994 


496.819 


609.514 


723.807 



As the stock on hand rarely exceeds three months' demand, 
and is often little more than a month's supply, it is evident that 
consumption has kept close pace with production. 

The large demand for copper to be used in sheathing ships 
ceased on the introduction of iron in shipbuilding because of the 
difficulty of coating iron with an impervious layer of copper; but 
the consumption in the manufacture of electric apparatus and for 
electric conductors has far more than compensated. 
• AUoyt of Copber. — Copper unites with almost all other metals, 
and a Large number of its alloys are of importance in the arts. The 
principal alloys in which it forms a leading ingredient are brass, 
bronze, and Cferman or ni kel silver; under these several heads their 
respective applications anJ qualities will be found. 

Compounds of Copper. — Copper probably forms six oxides, via. 
Cu«0. CuiO, CuA CuO, CihOj and CuO* The most important are 

cuprous oxide, CuiO, and cupric oxide, CuO, both of 

OxM— which give rise to well-defined scries of salts. The other 
*■**£" oxides do not possess this property, as is also the case 
d"*"** of the hydrated oxides Cuj0i2H|O and Cu«0»5HrO, de- 
scribed by M. Siewert. 

Cuprous oxide, CujO, occurs in nature as the mineral cuprite (?.».). 
It may be prepared artificially by heating copper wire to a white 
bear, and afterwards at a red heat, by the atmospheric oxidation 
of copper reduced in hydrogen, or by the slow oxidation of the metal 
under water. It is obtained as a fine red crystalline precipitate by 
reducing an alkaline copper solution with sugar. When finely 
divided it is of a fine red colour. It fuses at red heat, and colours 

5 lass a ruby-red. The property was known to the ancients and 
uriflg the middle ages; it was then lost for several centuries, to 
be rediscovered in about 1827. Cuprous oxide is reduced by hydro- 
gen, carbon monoxide, charcoal, or iron, to the metal ; it dissolves 
in hydrochloric acid forming cuprous chloride, and in other mineral 
acids to form cupric salts, with the separation of copper, it dissolves 
in ammonia, forming: a colourless solution which rapidly oxidizes 
and turns blue. A hydrated cuprous oxide, (4CtijO, H/)). is obtained 
as a bright yellow powder, when cuprous chloride is treated with 
potash or soda. It rapidly absorbs oxygen, assuming a blue colour. 
Cuprous oxide corresponds to the series of cuprous salts, which are 
mostly white in colour, insoluble in water, and readily oxidized 
to cupric salts. 

Cupric oxide, CuO, occurs in nature as the mineral melaconite 
iqjB.), and can be obtained as a hygroscopic black powder by the 

Ktle ignition of copper nitrate, carbonate or hydroxide; also by 
ting the hydroxide. It oxidizes carbon compounds to carbon 
dioxide and water, and therefore finds extensive application in 
analytical organic chemistry. It is also employed to colour glass, 
to which it imparts a light green colour. Cupric hydroxide, 
Cu(OH)s» is obtained as a greenish-blue flocculent precipitate by 



mixing cold solutions of potash and a cupric salt This precipitate 
always contains more or less potash, which cannot be entirely 
removed by washing. A purer product is obtained by adding 
ammonium chloride, filtering, and washing with hot water. Several 
hydrated oxides, «.£. Cu(OH),-3CuO.Cu(OH),6H,0,6CuOH A have 
been described. Both the oxide and hydroxide dissolve in ammonia 
to form a beautiful azure-blue solution (Schweizer's reagent), which 
dissolves cellulose, or perhaps, holds it in suspension as water does 
starch ; accordingly, the solution rapidly perforates paper or calico. 
The salts derived from cupric oxide are generally white when 
anhydrous, but blue or green when hydrated. 

Copper quadrantoxide, Cu«0, is an olive-green powder formed by 
mixing well-cooled solutions of copper sulphate and alkaline stannous 
chloride. The tricntoxide, CujO, is obtained when cupric oxide is 
heated to i5O0*-200O° C. It forms yellowish-red crystals, which 
scratch glass, and are unaffected by all acids except hydrofluoric; 
it also dissolves in molten potash. Copper dioxide, CuO|H»0, is 
obtained as a yellowish-brown powder, by treating cupric hydrate 
with hydrogen peroxide. When moist, it decomposes at about 
6°C, but the dry substance must be heated to about 180*. before 
decomposition sets in (see L. Moser, Abst. J.C£., 1907, ii. p. 549). 

Cuprous hydride, (CuH) . was first obtained by Wurtz in 1844, 
who treated a solution of copper sulphate with nypophosphorous 
acid, at a temperature not exceeding 70° C. According to E. J. 
Bartlctt and W. H. Merrill, it decomposes when heated, and gives 
cupric hydride, CuH«, as a reddish-brown spongy mass, which turns 
to a chocolate colour on exposure. It is a strong reducing agent. 

Cuprous fluoride, CuF, is a ruby-red crystalline mass, formed by 
heating cuprous chloride in an atmosphere of hydrofluoric acid at 
Iioo -I200° C. It is soluble in boiling hydrochloric acid, but it is 
not reprecipitated by water, as is the case with cuprous chloride. 
Cupric fluoride, CuFj, is obtained by dissolving cupric oxide in 
hydrofluoric acid. The hydrated form, (CuFj, 2H f 0, 5HF),is obtained 
as blue crystals, sparingly soluble in cold water; when heated to 
ioo* C. it gives the compound CuF(OH), which, when heated with 
ammonium fluoride in a current of carbon dioxide, gives anhydrous 
copper fluoride as a white powder. 

Cuprous chloride, CuCI or Cu a C1*, was obtained by Robert Boyle 
by heating copper with mercuric chloride. It is also obtained ny 
burning the metal in chlorine, by heating copper and cupric oxide 
with hydrochloric acid, or^opper and cupric chloride with hydro- 
chloric acid. It dissolves in the excess of acid, and is precipitated 
as a white crystalline powder on the addition of water. It melts at 
below red heat to a brown mass, and its vapour density at both 
red and white heat corresponds to the formula CuiClj. It turns 
dirty violet on exposure to air and light; in moist air it absorbs 
oxygen and forms an oxychloride. Its solution in hydrochloric acid 
readily absorbs carbon monoxide and acetylene; hence it finds 
application in gas analysis. Its solution in ammonia is at first 
colourless, but rapidly turns blue, owing to oxidation. This solution 
absorbs acetylene with the precipitation of red cuprous acetylide, 
CujCj, a very explosive compound. Cupric chloride, CuCU, is ob- 
tained by burning copper in an excess of chlorine, or by heating the 
hydrated chloride, obtained by dissolving the metal or cupric oxide 
in an excess of hydrochloric acid. It is a brown deliquescent powder, 
which rapidly forms the green hydrated salt CuCU, 2H S on exposure. 
The oxychloride Cu»0}CV4Hj0 is obtained as a pale blue precipi- 
tate when potash is added to an excess of cupric chloride. The 
oxychloride OuOjCMHjO occurs in nature as the mineral atacamite. 
It may be artificially prepared by heating salt with ammonium 
copper sulphate to 100 . Other naturally occurring oxychlorides 
arc botallackite and tallingite. " Brunswick green, a light green 
pigment, is obtained from copper sulphate and bleaching powder. 

The bromides closely resemble the chlorides and fluorides. 

Cuprous iodide, Cujlj, is obtained as a white powder, which suffers 
little alteration on exposure, by the direct union of its components 
or by mixing solutions of cuprous chloride in hydrochloric acid and 
potassium iodide; or, with liberation of iodine, by adding potassium 
iodide to a cupric salt. It absorbs ammonia, forming the compound 
Cujli, 4NH*. Cupric iodide is only known in combination, as in 
Cul:, 4jNHj, HjO, which is obtained by exposing CUaI z ,4NHj to 
moist air. 

Cuprous sulphide, CuaS, occurs in nature as the mineral chalcocite 
or copper-glance (a.v.), and may be obtained as a black brittle mass 
by the direct combination of its constituents. (See above, Metallurgy.) 
Cupric sulphide, CuS, occurs in nature as the mineral covelRte. 
It may be prepared by heating cuprous sulphide with sulphur, or 
triturating cuprous sulphide with cold strong nitric acid, or as a 
dark brown precipitate by treating a copper solution with sul- 
phuretted hydrogen. Several polysufphides, e.g. Cu»S», CutS«, Cu 4 S», 
Cu»Sj, have been described; they are all unstable, decomposing 
into cupric sulphide and sulphur. Cuprous sulphite, CuSOjHiO. is 
obtained as a brownish-red crystalline powder by treating cuprous 
hydrate with sulphurous acid. A cuproso-cupric sulphite, CuiSOi, 
CuSOjHiO, is obtained by mixing solutions of cupric sulphate and 
acid sodium sulphite. 

Cupric sulphate or w Blue Vitriol," CuSO«, is one of the most im- 
portant salts of copper. It occurs in cupriferous mine waters and as 
the minerals chalcanthite or cyanosite, CuSO«-5HiO, and boothite, 
CuSO«-7HjO. Cupric sulphate is obtained commercially by the 



no 



COPPERAS— COPPERHEADS 



oxidation 



ion of sulphuretted copper ores (see above, Metallurgy; vet 
Is), or by dissolving cupric oxide in sulphuric acid. It was 
obtained in 1644 by Van Helmont, who heated copper with sulphur 
and moistened the residue, and in 1648 by Glauber, who dissolved 
copper in strong sulphuric acid. (For the mechanism of this reaction 



see C. H. Sluiter, Chem. Weekblad, 1906, t, p. 63, and C. M. van 
Deventcr, ibid., 1906. 3, p. 515.) It crystallizes with five molecules 
of water as large blue triclimc prisms. When heated to too , it loses 



four molecules of water and forms the bluish-white monohydrate, 
which, on further heating to 2$o°-26o°, is converted into the white 
CuSO* The anhydrdtis salt is very hygroscopic, and hence finds 
application as a desiccating agent. It also absorbs gaseous hydro- 
chloric acid. Copper sulphate is readily soluble in water, but in- 
soluble in alcohol ; it dissolves in hydrochloric acid with a consider- 
able fall in temperature, cupric chloride being formed. The copper 
is readily replaced by iron, a knife-blade placed in an aqueous 
solution being covered immediately with a bright red deposit of 
copper. At one time this was regarded as a transmutation of iron 
into copper. Several basic salts are known, some of which occur as 
minerals; of these, we may mention brochantite (q.v.). CuSO«, 
3Cu(OH,). langite, CuSO«. 3Cu(0H)«, HA lyellite (or devilline), 
warnngtonite; woodwardite and enysite are hydrated copper- 
aluminium sulphates, connellite is a basic copper chlorosulpnatc, 
and spangolite is a basic copper aluminium chlorosulphate. Copper 
sulphate finds application in calico printing and in the preparation 
of the pigment Scheele's green. # 

A copper nitride, Cu jN, is obtained by heating precipitated cuprous 
oxide in ammonia gas (A. Guntz and H. Bassctt, Bull. Soc. Chinu, 

ler, of composition Cu NO>, 
de is passed over fincly- 
ses when heated to 90*; 
ipric nitrate and nitrite, 
ssolving the inctal or oxide 
natic crystals containing 
lie temperature of crystal- 
and boils at 170°, giving 
u(NO,),-3Cu(OH),. The 
,(OH),NO^ 

phorus to form several 
fieating cupric phosphate, 
h potassium and cuprous 
ibel's fuse," which is used 
led by passing phosphor- 
ic (For other phosphides 
., 1906, 3, p. 39.) Cupric 
>y precipitating a copper 
J*....*..,., .t.w. .vu.u... F .. UBF u«n.c. ua>iL copper phosphates are of 
frequent occurrence in the mineral kingdom. Of these we may 
notice libethenite, Cu»(0H)PC*4; chalcosiderite, a basic copper iron 
phosphate; torbernite, a copper uranyl phosphate; andrewsite, a 
hydrated copper iron phosphate; and henwoodite, a hydrated copper 
aluminium phosphate. 

Copper combines directly with arsenic to form several arsenides, 
some of which occur in the mineral kingdom. Of these we may 
mention whitneyite, Cu, As, algodonite, Cu«As, and domcykite, Cu»As. 
Copper arsenate is similar to cupric phosphate, and the resemblance 
is to be observed in the naturally occurring copper arsenates, 
which are generally isomorphous with the corresponding phosphates. 
Oltvenite corresponds to libethenite; clinoclasc, cuenroite, corn- 
wallite and tyrolite are basic arsenates; zeuncrite corresponds to 
torbernite; chalcophyllite (tamarite or " copper- mica ") is a basic 
copper aluminium sulphato-arscnate. and bayldonitc is a similar 
compound containing lead instead of aluminium. Copper arsenite 
forms the basis of a number of once valuable, but very poisonous, 
pigments. Scheele's green is a basic copper arsenite; Schwcinfurt 
green, an aceto-arsemtc ; and Casselmann's grccn a compound of 
cupric sulphate with potassium or sodium acetate. 

Normal cupric carbonate, CuCO*. has not been definitely obtained, 
basic hydrated forms being formed when an alkaline carbonate is 
added to a cupric salt. Copper carbonates are of wide occurrence 
in the mineral kingdom, and constitute the valuable ores malachite 
and azurite. Copper rust has the same composition as malachite; 
it results from the action of carbon dioxide and water on the metal. 
Copper carbonate is also the basis of the valuable blue to green 
pigments verditcr, Bremen blue and Bremen green. Mountain or 
mineral green is a naturally occurring carbonate. 

By the direct union of copper and silicon, ruprosilicon, consisting 

mamly of Cu«Si, is obtained (Lebcau, C.R., 1906; Vigouroux, ibid.). 

Copper silicates occur in the mineral kingdom, many minerals 

owing their colour to the presence of a cupriferous clement. Dioptase 

{q.v.) and chrysocolla (q.v.) are the most important forms. 

Detection.— Compounds of copper impart a bright green coloration 
to the name of a Bunsen burner. Ammonia gives a characteristic 
blue coloration when added to a solution of a copper salt ; potassium 
jerrocyanide gives a brown precipitate, and. if the solution ^>e very 
dilute, a brown colour is produced. This latter reaction will detect 
one part of copper in 500,000 of water. For the borax beads and the 

Sualitative separation of copper from other metals, see Chemistry: 
nalyttcal. For the quantitative estimation, see Assaying: J 
topper. I 



Medicine. — In medicine copper sulphate was employed as an 
emetic, but its employment for this purpose is now very rare, as it is 
exceedingly depressant, and if it fails to act, may seriously damage 
the gastric mucous membrane. It is, however, a useful superficial 
caustic and antiseptic. All copper compounds are poisonous, but 
not so harmful as the copper arsenical pigments. 
St< ' " 



(annual). W. H. Weld. The Copper Mines of the World (1907). The 
Mineral Industry (annual), and Mineral Resources of the United Slates 
(annual). Forthedry metallurgy, sec E. D. Pctcn, Principles of Copper 






Smelling (New York, 1907) ; for pyritic smelting, see T. A. Rickard. 
Pyrite Smelting (1905) ; for wet methods, sec Eissler, Hydromeialluriy 
of Copper (London, 1902) ; and for electrolytic methods, see T. Like. 
Die eiectrclytische Raffination des Kupfers (Halle, 1004). Reference 
should also be made to the articles Metallurgy and Electro- 
metallurgy. For the chemistry of copper and its compounds see 
the references in the article Chemistry: Inorganic. Toxicologic 
and hygienic aspects arc treated in Tschirsch^ Das Kupfer torn 
Standpunkt der gerichtlichen Chemie f Toxihologie und Hygiene 
(Stuttgart, 1893). 

COPPERAS (Fr. coupcrosc; Lat. cupri rosa. the flower of 
copper), green vitriol, or ferrous sulphate, FeS0 4 -7Hj0, having 
a bluish-green colour and an astringent, inky and somewhat 
sweetish taste. It is used in dyeing and tanning, and in the 
manufacture of ink and of Nordhausen sulphuric acid or fuming 
oil of vitriol (see Iron). 

COPPER-GLANCE, a mineral consisting of cuprous sulphide, 
CifcS, and crystallizing in the orlhorhombic system. It is known 
also as chalcocite, redruthile and vitreous copper (German, 
Kupferglaserz of G. Agricola, x 546). The crystals have the form 
of six-sided tables or prisms; the 
angle between the prism faces 
(lettered in the figure) being 
"6o° 25'. When twinned on the 
prism planes 0, as is frequently 
the case, the crystals simulate 
hexagonal symmetry still more 
closely, as in the minerals arag- 

onite and chrysobcryl. Twinning also takes place according 
to two other laws, giving rise to interpenetrating crystals with the 
basal planes (*) of the two individuals inclined at angles of 6o° or 
87 56' respectively. The mineral also occurs as compact masses 
of considerable extent. The colour is dark lead-grey with a 
metallic lustre, but this is never very bright, since the material 
is readily altered, becoming black and dull on exposure to 
light. The mineral is soft (H. = 2$) and sectile, and can be 
readily cut with a knife, like argentite; sp. gr. 5-7. Analyses 
agree closely with the formula CujS, which corresponds to 
79-8% of copper; small quantities of iron and silver are some- 
times present. 

Next to chalcopyrite, copper-glance is the most important ore 
of copper. It usually occurs in the upper part of the copper- 
bearing lodes, and is a secondary sulphide derived from the 
chalcopyrite met with at greater depths; sometimes, however, 
the two minerals arc found together in the same part of the lodes. 
The best crystals are from St Just, St Ives, and Redruth in 
Cornwall, and from Bristol in Connecticut. Small crystals of 
recent formation arc found on Roman bronze coins in the thermal 
springs at Bourbonnc-lcs-Bains. 

Copper-glance readily alters to other minerals, such as 
malachite, covellite, melaconite and chalcopyrite. On the other 
hand, it is found as pseudomorphs after chalcopyrite, galena, and 
organic structures such as wood; copper-glance pseudomorphous 
after galena preserves the cleavage of the original mineral and is 
known as harrisite. 

Isomorphous with copper-glance is the orthorhombic mineral 
stromeyerite, a double copper and silver sulphide, CuAgS, which 
occurs in abundance in the Altai Mountains. (L.J.S.) 

COPPERHEADS, an American political epithet, applied by 
Union men during the Civil War to those men in the North who, 
deeming it impossible to conquer the Confederacy, were earnestly 
in favour of peace and therefore opposed to the war policy of the 
president and of Congress. Such men were not necessarily 
friends of the Confederate cause. The term originated in the 
autumn of 1862, and its use quickly spread throughout the North 
In the Western states early in i86> the terms " Copperhead " 



COPPERMINE-COPROLITES 



in. 



and "Democrat " had become practically synonymous. The 
name was adopted because of the fancied resemblance of the 
peace party to the venomous copperhead snake, and, though 
applied as a term of opprobrium, it was willingly assumed by 
those upon whom it was bestowed. 

COPPERMINE, a river of Mackeiude district, Canada, about 
475 m. long, rising in a small lake in approximately no* 20' W. 
and 65* 50' N., and flowing south to Lake Gras and then north- 
westward to Coronation Gulf in the Arctic Ocean. Like Back's 
river, the only other large river of this part of Canada, it is 
unnavigable, being a succession of lakes and violent rapids. 
The country through which it flows is a mass of low hills and 
mm^fT The river was discovered by Samuel Hearne in 17 7 x, 
and waa explored from Point Lake to the sea by Captain (after- 
wards Sir John) Franklin in 1821. 

COPPER-PYBITES, or Chalcofy&ite, a copper iron sulphide 
(CuFcSs), an important ore of copper. The name copper-pyrites 
from the Ger. Kupferkies, which was used as far back as 
1546 by G. Agricola; chalcopyrite (from xnX«fc, "copper," 
and pyrites) was proposed by J. F. Henckel in his Pyritologia, 
cdtr KUss-Historie (1725). By the ancients copper-pyrites 
was included with other minerals under the term pyrites, 
though the copper-ore from Cyprus referred to by Aristotle 
as chalciles may possibly have been identical with this 
mineral, 

Chalcopyrite crystallizes in the tetragonal system with inclined 
henubedrism, but the form is so nearly cubic that it was not 
recognized as tetragonal until accurate measurements were 
made in 1822. Crystals are usually tetrahedral in aspect, owing 
to the large development of the sphenoid P iinj. The faces 
of this form are dull and striated, whilst the smaller faces of the 
complementary sphenoid P' {1 1 1) (fig- 1) are bright and smooth. 
The combination of these two forms produces a figure resembling 

an octahedron, the 
angle between P and 
F being 70 7i', 
corresponding to the 
angle 70° 32' of the 
regular octahedron. 
The other faces 
shown in fig. x are 
the basal pinacoid, 

Fici. Re. a. a |oox >' "* \™° 

square pyramids, 
b iioij and c I20XJ. Crystals are usually twinned, and are 
often compler and difficult to decipher. There are three 
twin-laws, the twin-planes being (m), (101) and (110) 
respectively. Twinning according to the first law is effected 
by rotation about an axis normal to the sphenoidal face (in), 
the resulting form resembling the twins of blende and spinel. 
Twinning according to the second law can only be explained 
by reflection across the plane (xoi), not by rotation about an 
axis; chalcopyrite affords an excellent example of this com- 
paratively rare type of symmetric twinning. Interpenetra- 
tion twins (fig. a) with (xxo) as twin-plane are of very rare 
occurrence. 

Crystals have Imperfect cleavages parallel to the eight faces 
of the pyramid e faoij. The fracture is conchoidal, and the 
material ia brittle. Hardness 4; specific gravity 4-2. The 
colour is brass-yellow, and the lustre metallic; the streak, or 
colour of the powder, is greenish-black. The mineral is especially 
liable to surface alteration, tarnishing with beautiful iridescent 
colours; a blue colour usually predominates, owing probably 
to the alteration of the chalcopyrite to covellite (CuS). The 
massive and compact mineral frequently exhibits this iridescent 
tarnish, and is consequently known to miners as "peacock 
ore " or " peacock copper." The massive mineral sometimes 
occurs in mammilla ry and botryoidal forms with a smooth 
brassy surface, and is then known to Cornish miners as " blister- 
copper-ore. 

Chalcopyrite or copper-pyrites may be readily distinguished 
from iron-pyrites (or pyrites), which it somewhat resembles 




ia appearance, by its deeper colour and lower degree of h a r d nes s: 
the former is easily scratched by a knife, whilst the latter can 
only be scratched with difficulty or not at all. Chalcopyrite 
Is decomposed by nitric acid with separation of sulphur and 
formation of a green solution; ammonia added in excess to this 
solution changes the green colour to deep blue and precipitates 
red ferric hydroxide. 

The chemical formula CuFeSj corresponds with the percentage 
composition Cu-34'5, Fe-30'5, S»35-o. Analyses usually, 
however, show the presence of more iron, owing to the intimate 
admixture of iron-pyrites. Traces of gold, silver, selenium or 
thallium are sometimes present, and the mineral is sometimes 
worked as an ore of gold or silver. 

Chalcopyrite is of wide distribution and is the commonest 
of the ores of copper. It occurs in metalliferous veins, often 
in association with iron-pyrites, chalybite, blende, Ac, and in 
Cornwall and Devon, where it is abundant, with cassiterite. The 
large deposits at Falun in Sweden occur with serpentine in 
gneiss, and those at Montecatini, near Volterra in the province 
of Pisa, serpentine and gabbro. At Rammelsberg in the Hars 
it forms a bed in argillaceous schist, and at Mansfield In Thuringia. 
it occurs in the Kupferschiefer with ores of nickel and cobalt. 
Extensive deposits are mined in the United States, particularly 
at Butte in Montana, and in Namaqualand, South Africa. 
Well-crystallized specimens are met with at many localities; 
for example, formerly at Wheal Towan (hence the name 
towanite, which has been applied to the species) in the St 
Agnes district of Cornwall, at Freiberg in Saxony, and Joplin, 
Missouri. (L. J. S.) 

COPPICE, or Copse (from an O. Fr. copeis or coupeis, from 
Late Lat. colparc, to cut with a blow; colpas, the Late Lat. for 
"blow," is a shortened form of cob pus or colaphus, adapted 
from the Gr. riXa^os), a small plantation or thicket of planted 
or self-sown trees, which arc cut periodically for use or sale, 
before the trees grow into large timber. Whether naturally 
or artificially grown the produce is looked on by the English 
law as fructus industrialis. The tenant for life or years may 
appropriate this produce (see Daskwood v. Magniae, 1891, 
3 Ch. 306). 

COPRA (a Spanish and Portuguese adaptation of the Malay 
kopperah, and Hindustani khopra, the coco-nut), the dried 
broken kernel of the coco-nut from which coco-nut oil is extracted 
by boiling and pressing. Copra is the form in which the product 
of the coco-nut is exported for commercial purposes (see Coco- 
nut Palm). 

COPROUTES (from Gr. KtVrpot, dung, and Xifor, stone),, the 
fossilized excrements of extinct animals. The discovery of 
their true nature was made by Dr William Buckland, who 
observed that certain convoluted bodies occurring in the Lias 
of Gloucestershire had the form which would have been produced 
by their passage in the soft state through the intestines of reptiles 
or fishes. These bodies had long been known as "fossil fir 
cones" and "bezoar stones." Buckland's conjecture that they 
were of faecal origin, and similar to the album grecum or ex- 
crement of hyaenas, was confirmed by Dr W. Prout, who on 
analysis found they consisted essentially of calcium phosphate 
and carbonate, and not infrequently contained fragments of 
unaltered bone. The name "coprolites" was accordingly 
given to them by Buckland, who subsequently expressed his 
belief that they might be found useful in agriculture on account 
of the calcium phosphate they contained. The Liassic coprolites 
are described by Buckland as resembling oblong pebbles, or 
kidney-potatoes; they are mostly 2 to 4 in. long, and from 
x to 2 in. in diameter, but those of the larger ichthyosauri are 
of much greater dimensions. In colour they vary from ash-grey 
to black, and their fracture is conchoidal. Internally they are 
found to consist of a lamina twisted upon itself, and externally 
they generally exhibit a tortuous structure, produced, before 
the cloaca was reached, by the spiral valve of a compressed 
small intestine (as in skates, sharks* and dog-fishes); the surface 
shows also vascular impressions and corrugations due to the 
same cause. Often the bones, teeth and scales of fishes are to 



us COPTOS 

be. found dispersed through the coprolites, and sometimes the 
bones of small ichthyosauri, which were apparently a prey to 
the larger marine saurians. Coprolites have been found at Lyme 
Regis, enclosed by the ribs of ichthyosauri, and in the remains of 
several species of fish; also in the abdominal cavities of a species 
of fossil fish, Macropoma Mantelli, from the chalk of Lewes. 
Professor T. Jager has described coprolites from the alum-slate 
of Gaildorf in WUrttemberg; the nsh-coprolites of Burdiehouse 
and of Newcastle-under-Lyme are of Carboniferous age. The 
so-called " beetle-stones " of the coal-formation of Newhavcn, 
near Leith, which have mostly a coprolite nucleus, have been 
applied to various ornamental purposes by lapidaries. The 
name " cololites " (from the Greek *£Xov, the large intestine, 
Mfo, stone) was given by Agassis to fossil wormlike bodies, 
found in the lithographic slate of Solenhofen, which he determined 
to be either the petrified intestines or contents of the intestines 
of fishes. The bone-bed of Axmouth in Devonshire and West- 
bury and Aust in Gloucestershire, in the Penarth or Rhaetic 
series of strata, contains the scales, teeth and bones of saurians 
and fishes, together with abundance of coprolites; but neither 
there nor at Lyme Regis is there a sufficient quantity of phos- 
phatic material to render the working of it for agricultural 
purposes remunerative. 

The term coprolites has been made to include all kinds of 
phosphatic nodules employed as manures, such, for example, as 
those obtained from the Coralline and the Red Crag of Suffolk. 
At the base of the Red Crag in that county is a bed, 3 to 18 in. 
thick, containing rolled fossil bones, cetacean and fish teeth, and 
shells of the Crag period, with nodules or pebbles of phosphatic 
matter derived from the London Clay, and often investing 
fossils from that formation. These are distinguishable from 
the grey Chalk coprolites by their brownish ferruginous colour 
and smooth appearance. When ground they give a yellowish-red 
powder. These nodules -were at first taken by Professor J. S. 
Henslow for coprolites; they were afterwards termed by 
Buckland " pseudo-coprolites." " The nodules, having been 
imbued with phosphatic matter from their matrix in the London 
Clay, were dislodged," says Buckland, " by the waters of the 
seas of the first period, and accumulated by myriads at the 
bottom of those shallow seas where is now the coast of Suffolk. 
Here they were long rolled together with the bones of large 
mammalia, fishes, and with the shells of molluscous creatures 
that lived in shells. From the bottom of this sea they have been 
raised to form the dry lands along the shores of Suffolk, whence 
they are now extracted as articles of commercial value, being 
ground to powder in the mills of Mr [afterwards Sir John] Lawcs, 
at Dcptford, to supply our farms with a valuable substitute for 
guano, under the accepted name of coprolite manure." The 
phosphatic nodules occurring throughout the Red Crag of Suffolk 
are regarded as derived from the Coralline Crag. The Suffolk 
beds have been worked since 1846; and immense quantities of 
coprolite have also been obtained from Essex, Norfolk and 
Cambridgeshire. The Cambridgeshire coprolites are believed 
lo be derived from deposits of Gault age; they are obtained by 
washing from a stratum about a foot thick, resting on the Gault, 
at the base of the Chalk Marl, and probably homotaxeous with 
the Chloritic Marl. An acre used to yield'on an average 300 tons 
of phosphatic nodules, value £750. About £140 per acre was 
paid for the lease of the land, which after two years was restored 
to its owners re-soiled and levelled. Plicatulae have been found 
attached to these coprolites, showing that they were already hard 
bodies when lying at the bottom of the Chalk ocean. The 
Cambridgeshire coprolites are either amorphous or finger-shaped; 
the coprolites from the Grecnsand are of a black or dark -brown 
colour; while those from the Gault are greenish-white on the 
surface, brownish-black internally. Samples of Cambridgeshire 
and Suffolk coprolite have been found by A. Voelcker to give on 
analysis phosphoric acid equivalent to about 55 and 5 a- 5% 
of tribasic calcium phosphate respectively {Journ. R. Agric. 
Soc. Eng., i860, xxi. 358). The following analysis of a saurio- 
coprolite from Lyme Regis is given by T. J. Hcrapath (ibid. 
xii.oi):— 



Water 3*976 

Organic matter ...... a*ooi 

Calcium sulphate 2-026 

Calcium carbonate 28*121 

Calcium fluoride not determined 

Calcium and magnesium phosphate . 53*996 

Magnesium carbonate ..... 0*423 

Aluroinic phosphate 1 -276 

Ferric phosphate 6*182 

Silica 0*733 

9*734 
An ichthyo-coprolite from Tenby was found to contain isVo 
of phosphoric anhydride. The pseudo-coprolites of the Suffolk 
Crag have been estimated by Herapath to be as rich in phosphates 
as the true ichthyo-coprolites and saurio-coprolites of other 
formations, the proportion of P 2 0« contained varying between 
12*5 and 37-25%, the average proportion, however, being 32 
or u%. 

Coprolite is reduced to powder by powerful mills of peculiar 
construction, furnished with granite and buhrstones, before being 
treated with concentrated sulphuric acid. The acid renders it 
available as a manure by converting the calcium phosphate, 
Ca-PjOg, that it contains into the soluble monocalcium salt, 
CaH«PiO d , or " superphosphate." The phosphate thus produced 
forms an efficacious turnip manure, and is quite equal in value 
to that produced from any other source. The Chloritic Marl in 
the Wealden district furnishes much phosphatic material, which 
has been extensively worked at Froyle. In the vicinity of 
Farnham it contains a bed of " coprolites " of considerable extent 
and 2 to 15 ft. in thickness. Specimens of these from the Dippcn 
Hall pits, analysed by Messrs J. M. Paine and J. T. Way, showed 
the presence of phosphates equivalent to 55*06 of bonc-carth 
(Journ. R. Agric. Soc. Eng. ix. 56). Phosphatic nodules occur 
also in the Chloritic Marl of the Isle of Wight and Dorset- 
shire, and at Wroughton, near Swindon. They are found in the 
Lower Grecnsand, or Upper Neoeomian series, in the Atherfield 
Clay at Stopham, near Pulborough; occasionally at the junction 
of the Hythe and Sandgate beds; and in the Folkeston beds, 
at Farnham. At Woburn, Leighton, Ampthill, Sandy, Upware, 
Wicken and Potton, near the base of Upper Neoeomian iron- 
sands, there is a band between 6 in. and 2 ft. in thickness con- 
taining " coprolites "; these consist of phosphatked wood, 
bones, casts of shells, and shapeless lumps. The coprolitic 
stratum of the Specton Clay, on the coast to the north of Flam- 
borough Head, is included by Professor Judd with the Portland 
beds of that formation. In 1864 two phosphatic deposits, a 
limestone 3 ft. thick, with beds of calcium phosphate, and a shale 
of half that thickness, were discovered by Hope Jones in the 
neighbourhood of Cwmgyncn, about 16 m. from Oswestry. They 
are at a depth of about 12 ft., in slaty shale containing LlandeiJo 
fossils and contemporaneous felspathic ash and scoriae. A 
specimen of the phosphatic limestone analysed by A. Voelcker 
yielded 34-92% tricalcium phosphate, a specimen of the shale 
52*15% (Report of Brit. Assoc, 1865). Phosphatic beds, sup- 
posed to have had a coprolitic origin, are found in the Lover 
Silurian rocks of Canada. 



See T. J. Herapath, Chem. Gat., 1849, p. 449; W. Buckland, 
Geology and Mineralogy (4th ed., 1869); O. Fisher, Quart. /«•«• 
Geol. Soc., 1873. P- 52; J* J* H. Teall, On the Potton and {**<"* 
Phosphatic Deposits (Sedgwick Prize Essay for 1873) O 8 '?', a " 
" The Natural History of Phosphatic Deposits," Proc. G'"' A "fr. 
xvi. (1900) ; L. W. Collet, Proc. Roy. Soc. Edin, xxv. pt. 10, P- <*»/ 
T. G. Bonney, Cambridgeshire Geology (1875); L. Grunefc W 



Phosphatic Deposits (Sedgwick Prize Essay for 1873) O 8 '?), a "° 
"~ " I History of Phosphatic Deposits," Proc. &»'**$;. 

~ ~ ~" _ ' '~ ~ BuIL 
soc. gioi. franc, xxviii. (2nd series), p.*62; j'/Martin, ibid- •*•* U™ 
series), p. 273. 

COPTOS (Egyptian Kefl, Kebto), the modern Kvrt (a village 
with railway station a short distance from the west bank ot u> 
Nile about 25 m. north-east of Thebes), an ancient city, capital 
the fifth nome of Upper Egypt, and the starting-point of sever 
roads to the Red Sea, of which that which passes along the valley 
running due east to Kosseir past the ancient quarries of Hamrn - 
mat was the most frequented, until the foundation of * cr ^! e 
(q.v.) by Ptolemy Philadctphus made an even more important 
of traffic to the south-west. The growth of trade, with Araw* 



COPTS 



"3 



and India thereafter raided Coptos to great commercial 
prosperity; but in ad. soa its share in the rebellion against 
Diocletian kd to an almost total devastation. It again appears, 
however, as a place of importance, and as the seat of a consider- 
able Christian community, though the stream of traffic turned 
aside to the neighbouring KQs. During part of the 7th century 
it was called Justinianopolis in honour of the emperor Justinian. 

The local god of Coptos, as of Khemmis (Akhmlm, q.v.), was 
the fthyphallic Min; bat m late times Isis was of equal import- 
ance in the city. Min was especially the god of the desert routes. 
Petrie's excavations on the site of the temple brought to light 
remains of all periods, the most remarkable objects being three 
very primitive limestone statues of the god with figures of an 
elephant, swords of sword-fish, sea-shells, &c., engraved upon 
them: there were also found some very peculiar terra-cottas of 
the Old Kingdom, and the decree of an AftCef belonging to the 
latter part of the Middle Kingdom, deposing the monarch for 
siding with the king's enemy. 

COPTB» the early native Christians of "Egypt and their suc- 
cessor* of the Monophysite sect, now racially the purest repre- 
sentatives of the ancient Egyptians. The name is a Europeanized 
form, gating perhaps from the 14th century, of the Arabic &ibt 
(or &ubt), which, in turn, is derived from the Greek Klybrrm, 
" Egyptians " (the Copts in the Coptic language likewise style 
themselves pftmlfHiM, "people of Egypt," "Egyptians"). 

The limited application of the name is explained by the 
circumstances of the time when Mahomet sent forth bis challenge 
to the world and 'Amr conquered Egypt (a.d. 627-641).. At 
jh^t time the population of Egypt was wholly Christian (except 
for a sprinkling of Jews, &c) f divided into two fiercely hostile 
sects, the Mooophysites and the Melkites. The division was in 
great measure racial The Melkites, adherents of the orthodox 
or court religion sanctioned by the council of Chalcedon, were 
mainly of foreign extraction, from the various Hellenistic races 
which peopled the Eastern Roman empire, while the bulk of the 
population, the true Egyptians, were Monophysite. Amongst 
the latter political aspirations, apart from religion, may be said 
not to have existed. It has generally been held that the Copts 
invited and aided the Moslems to seize the country in order that 
at all costs they might be freed from the yoke of the state religion 
imposed by the Eastern Roman Empire; but Dr A. J. Butler 
has shown this view to be untenable, while admitting that the 
religious feuds of the Christians made the task of the Arabs easy. 
The mysterious Mukaukis, who treacherously banded over 
Alexandria, impregnable as it was for Arab warriors, and then 
rapft n\* *•*, was none other than Cyrus, the Melkite patriarch 
and governor of Egypt; the native Monophysite party, however, 
smarting under the persecution of the Emperor Heraclius, seemed 
to have most to gain by. a change, of masters. The prophet 
Mahomet himself had prescribed indulgence to the Copts before 
his death, and 'Amr was mercifully disposed to them. Although 
they offered resistance in some places, after the Roman forces 
had been, destroyed or had abandoned Egypt they generally 
acquiesced in the inevitable; and when in 646 a Roman fleet 
and army recaptured Alexandria and harried the Delta, the 
Copts helped the Moslems to cast out the Christian invaders. 
Some of the Copts embraced Islam at once, but as yet they 
formed practically a solid Christian nation under* ths protection 
of the conquering Arabs, and the religious and political distinction 
between the " true believers " and the Christians was so sharp 
that a native Christian turning Moslem was no longer a Copt, 
ix. Egyptian; he practically changed his nationality. 

The beginnings of Christianity in Egypt are obscure; the 
existence of it among the natives (as opposed to the mixed 
H Greek " population of Egypt and Alexandria which produced 
so many leading figures and originated leading doctrines in the 
early church) can be traced back as far as the Decian persecution 
(aj>. 240-251) in the purely Egyptian names of several martyrs. 
St Anthony (c. A.D. 270) was a Copt; so also was Pachomius, 
the founder of Egyptian monasticism at the beginning of the 
4th century. The scriptures were translated into Coptic not later 
than the 4th century, A religion founded on morality and with 



a clear doctrine of life after death was especially congenial to 
the Egyptians; thus the lower orders in the country embraced 
Christianity fervently, while the Alexandrian pagans were lost 
in philosophical speculation and Neoplatonism was spread 
amongst the rich "Greek" landowners; these last, partly out 
of religious enthusiasm, partly from greed, annoyed and oppressed 
their Christian peasantry. Egypt was then terribly im- 
poverished; the upper country was constantly overrun by 
raiders from Nubia and the desert; and the authority of the 
imperial government was too weak to interfere actively on 
behalf of the Christians. The monasteries, however, were 
refuges that could bid defiance to the most powerful of the pagan 
aristocracy as well as to barbarian hordes, and became centres 
of united action that, at the summons of Shenoute, the organizer 
of the national church, swept away the idols of the oppressors 
in riot and bloodshed. In the course of the 5th century the 
Christians reached a position in which they were able to treat 
the pagans mercifully as a feeble remnant 

The Copts had little interest in theology; they were content 
to take their doctrine as prepared for them by the subtler minds 
of their Greek leaders at Alexandria, choosing the simplest 
form when disputes arose. In 325 their elected patriarch, 
Athanasius, and his following of Greeks and Copts, triumphed 
at the council of Nicaea against Anus; but in 451 the banishment 
of Dioscorus, patriarch of Alexandria, by the council of- Chalcedon 
created a great schism, the Egyptian church holding to his 
Monophysite tenets (see Coptic Churth, below), while the Catholic 
and imperial party at Constantinople ever sought to further 
the " Melkite" cause in Egypt at the expense of the native church. 
Thenceforward there were generally two patriarchs, belonging 
to the rival communities, and the Copts were oppressed by the 
Melkites; Heraclius, in 638 after "the repulse of the Persians, 
endeavoured to unite the churches, but, failing in that, he 
persecuted the Monophysites more severely than ever before, 
until 'Amr brought Egypt under the Moslem rule of 'Omar, as 
has been related above. Under the persecution many Copts 
had gone over to the Melkites, but now it was the turn of the 
Melkites, as supporters of the emperor of Constantinople, to 
suffer, and they almost entirely disappeared from Egypt, though' 
a remnant headed by a patriarch of Alexandria of the Orthodox 
Christians has survived to this day. 

But after a few years of the mild rule of 'Amr the Egyptians 
began to be squeezed for the benefit of the Moslem exchequer and 
persecuted for their religion. Many of the more thoughtful and 
sober Christians must long have been disgusted with religious 
strife, and had already embraced the simple and congenial 
doctrines of Islam; others went over for the sake of material- gain. 
Conflicts arose from time to time between the Mahommedan 
minority and the Christians. The Copts were excellent scribes 
and accountants and were continued in their posts under the 
Arab rule; the government offices were full of them; sometimes 
even the wazirate (vizicrate) was held by a Copt, and that too ina 
time of persecution of the Christians. The pride of the Copts, 
still seen in the objection which the poorest among them have 
to engaging in any mean work or trade, was a serious danger, 
perhaps even a chief source of their troubles, in earlier days; 
devout Moslems on more than one occasion stirred the mob to 
fury when they saw Christians lording it over " true believers." 
The lower orders of the Copts were continually oppressed. Thus 
there was every inducement amongst the Christians to turn 
Mahommedan. Arab tribes, too, were encouraged to settle in 
Egypt until the Mahommedans exceeded the Copts in numbers. 

The history of the Copts consists on the one hand of the record 
of religious strife, of growing scandals in the church, such as 
simony, and attempted reforms; and on the other hand of 
persecutions at the hands of the Moslems. As examples of the 
severity of the persecutions, it may be noted that, in the 8th 
century, the monks not only were compelled to pay a capitation 
tax, but were branded with name and number, civilians were 
oppressed with heavy taxation, churches demolished, pictures and 
crosses destroyed (722-723). Degrading dresses were imposed 
upon the Christians (849-850); later, under Hakim (997), they 

2o 



114 



COPTS 



were compelled to wear heavy crosses and black turbans as 
an ignominious distinction. Salaheddin (Saladin) in 1171 re- 
enforced these statutes and denied the churches. In 1301, the 
blue turban was introduced, but many Copts preferred a change 
of religion to the adoption of this head-dress. In 1348 a religious 
war, attended by the destruction of churches and mosques and 
great loss of life, raged at Cairo between the Copts and Mahom- 
medans, and large numbers of the former embraced Islam. 
Their oppression practically ceased under Mehemet Ali (1811). 

There have been very few cases of conversion from Mahora- 
medanism to Christianity; and, as intermarriage of Christians 
with Mahommedans implied conversion to Islam, the Copts have 
undoubtedly preserved the race of the Egyptians as it existed at 
the time of the Arab conquest in remarkable purity. The Coptic 
agricultural population (fellahin) in the villages of Upper Egypt 
and elsewhere are not markedly different from the Mahommedan 
fellahin, who, of course, are of the same stock, but mixed with 
Arab blood. The Copts in the towns, who have always been 
engaged in sedentary occupations, as scribes and handicraftsmen, 
have a more delicate frame and complexion, and may have 
mingled with Syrian and Armenian Christians. 

According to the 1907 census, there were 667,036 orthodox 
Copts in Egypt, or less than \hfih of the total population, this 
being the same proportion as in 1830, when, according to Lane, 
they numbered about 150,000. The number of churches and 
monasteries at the same time had risen from 146 to 450, not 
including Protestant chapels nor Coptic Catholic churches. At 
the 1907 census the total number of Christians in Egypt described 
as Copts was 706,322; among them there were 24,710 Protestants 
md I4.576 Roman Catholics. 

Monogamy is strict among the Copts, and divorce is granted 
only for adultery. Circumcision of both sexes is common before 
baptism. In regard to dress, at present only the clergy retain 
the old distinctive costume and black turban. The rest of the 
Copts dress exactly like their Moslem brethren, from whom 
they can be distinguished only by the cross which many of them 
still have tattooed just below the palm of the right hand. Since 
the British occupation of the country there has been a tendency 
amongst the Coptic women to give up the veil, which they had 
borrowed from the Mahommedans; this is especially noticeable 
at- places like Assiut, where, thanks to the efforts of American 
missionaries, female education has made much progress. 

In trades and professions, so long as the Copts had no foreign 
competition to contend against, they maintained their supremacy 
over the rest of the population. They filled government offices; 
in towns and villages they monopolized trades and professions 
requiring care and skill. They were the accountants, the 
architects, the goldsmiths, the carpenters, the land-surveyors, the 
bonesctters, &c. But, with the extension of railways and 
agricultural roads and the increased facilities of communication 
and prosperity, there has been a great influx of Italian, Greek, 
Armenian and other Levantine workmen, who, with their better 
tools, are undoubtedly superior to the Copts, and have proved 
most formidable rivals. Furthermore, the importation of cheap 
European wares of every description is slowly killing all native 
industry. Lastly, since the British, as the dominant race, have 
filled most posts of responsibility in the government, the Moslems, 
in general, are obliged to content themselves with the sub- 
ordinate posts which in the past they left to the Copts. Some 
Copts have attained high office, and in 1908 a Copt became prime 
minister. Moreover, the Copts have to a certain extent made up 
for the ground they lose elsewhere by engaging in agriculture 
and banking, and there are now to be found many rich Coptic 
landowners and farmers, especially in Upper Egypt. 

Language.—- The language spoken by the Copts was of various 
dialects, named Sahidic, Akhmimic, Fayumic, &c., descended 
from the ancient Egyptian with more or less admixture of Greek 
(for the Coptic dialects see Eg vpt : Language) . Coptic, however, 
has been entirely extinct as a spoken language for over 200 years, 
having been supplanted by Arabic; in the 13th century it was 
already so much decayed that Arabic translations of the liturgies 1 
were necessary. The Gospels, however, are still read in the I 



churches in the Bohairic dialect. This dialect appears in litera- 
ture later than the others, having become of importance 011J3 
with the extinction of Greek in Lower Egypt; for a time it shared 
the field with Sahidic, after the disappearance of Akhmimic and 
Fayumic, but eventually displaced it in the churches, where it now 
survives alone. 

Coptic literature is almost entirely religious, and consists 
mainly of translations from the Greek. Such was the enthusiasm 
for Christianity amongst the lower classes in Egypt that transhv 
tions of the Bible were made into three of the dialects of Coptic 
before the council of Chalcedon; they probably date back at 
least as early as the middle of the 4th century. For the dwellers 
in the Delta the Greek version was probably sufficient, until th< 
break with the Greek (Melkite) Church in the 5th century 
induced them to make a separate translation in their own native 
northern or Bohairic dialect. The Gnostic heresy, otherwise 
known only through the works of its opponents, is illustrated 
in some Coptic MSS. of the 4th century, the so-called Pishi 
Sophia or Askew Codex, and the Bruce Codex, respectively in 
the British Museum and Bodleian Libraries. According to 
Schmidt and Harnack, they are translations dating from the 
3rd century and belong to an ascetic or encratitic sect of th< 
Gnostics which arose in Egypt itself. There is abundance oi 
apocryphal works, of apocalypses, of patristic writings iron 
Athanasius to the council of Chalcedon, homilies, lives of saint* 
and anecdotes of holy men, acts of martyrs extending from th< 
persecution of Diocletian to that of the Persians in the 7tl 
century, and lives of later ascetics and martyrs reaching down 
to the 14th century. Unless some of the Egyptian acta sancierum 
el martyrum should prove to have been originally written in 
Coptic, almost the only original works in that language of an) 
importance are the numerous sermons and letters of Shenoute, 
a monk of Atrepc near Akhmlm, written in the Sahidic dialeci 
in the 4th century. After the Arab conquest, as a defence tc 
the threatened church, language and nationality, versification- 
of the Proverbs, of Solomon's Song and of various legends weit 
composed, with other religious songs. They are mostly ami 
phonal, a number of stresses in a line marking the rhythm 
• There is no musical notation in the MSS., but traditional church 
tunes are generally referred to or prescribed for the songs, Oi 
secular literature strangely litde existed or at least has survived 
only a few magical texts, fragments of a medical treatise, of th< 
story of Alexander, and of a story of the conquest of Egypt bj 
Cambyses, are known, apart from numerous legal and business 
documents. 

Coptic was occasionally employed for literary purposes aa 
late as the 14th century, but from the xoth century onward 
the Copts wrote mostly in Arabic. Sevencs of Eshmunain (c. o 50) , 
who wrote a history of the patriarchs of Alexandria, was one ol 
the first to employ Arabic; Cyril ibn Laklak and others in the 
13th and 14th centuries translated much of the older literature 
from Coptic into Arabic and Ethiopic for the use of the Egyptian 
and Abyssinian churches. From this period also date the native 
Coptic grammars and lexicons of Ibn 'Assal and others. At 
the present time literature among the Copts is represented by 
Claudius Lablb, an enthusiast for the revival of the Coptic 
tongue, Marcus Simaika, a leader of the progressive movement, 
and others. (F. Ll. G.) 

The Coptic Church.— Vp to the 5th century the church oi 
Alexandria played a part in the Christian world scarcely second 
to that of Rome: the names of Origen, Athanasius and Cyril 
bear witness to her greatness. But in the time of the patriarch 
Dioscorus the church, always fond of speculation, was rent 
asunder by the controversy concerning the single or twofold nature 
of our Lord, as stated by Eutyches." The Eutychian doctrine, 
approved by the council of Ephesus, was condemned by that 
of Chalcedon in 451. But to this decision, though given by 656 
bishops, the Copts refused assent — a refusal which profoundly 
affected both the religious and the political history of their 
country. From that moment they were treated as heretics. 
The emperor appointed a new bishop of Alexandria, whose 
adherents the Copts styled Melkites or Imperialists, while the 



COPTS 



"5 



Copts ese distinguished as Monophysites and Jacobites. The 
court party and the native party each maintained its own line 
of patriarchs, and each treated the other with bitter hostility. 
Far neaxly two centuries strife and persecution continued. 
The well-meant ecthesis of Heraclius was a failure and was 
followed by repression, till in 640 the Copts were released from 
the Roman dominion by the Saracen invasion. But it was only 
after prolonged resistance to the Arabs that the Copts accepted a 
change of masters, which gave them for a while religious freedom. 
The orthodox or Melkite party, consisting mostly of Byzantine 
Greeks, was swept away, and the double succession of patriarchs 
practically ceased. True, even now there is an orthodox 
patriarch of Alexandria living in Cairo, but he has only a few 
Greeks for followers, and scarcely a nominal succession has been 
maintained. But the Coptic succession has been continuous and 
teaL 

The distinctive Monophysite doctrine of the Copts is not easy 
to state intelligibly, and yet they cling to it with something of 
p mtrtm9b the tenacity which has marked their whole history. 
They repudiate the heresy of Eutyches as strongly 
as that of Nestorius, and claim to stand between the two doctrines 
teaching that Christ was one person with one nature "which was 
made up by the indissoluble union of a divine and a human 
name, but that notwithstanding this absolute union the two 
aalui e s remained after union distinct, unconfounded and 
cncomrninglert, separate though inseparable. The creed thus 
a a whits of- paradox, not to say contradiction. It is set forth in 
the Liturgy and recited at every Coptic mass in the following 
words: — " I believe that this is the life-giving flesh which thine 
only Son took from the . . . Holy Mary. He united it with 
His Divinity without mingling and without confusion and without 
alteration. ... I believe that His Divinity was not separated 
from His Manhood for one moment or for the twinkling of an 
eye;" On all other points of dogma, including the single pro- 
cession of the Holy Ghost, the Copts agree with the Greek 
Church* 

"The most holy pope and patriarch of the great city of 
Alexandria and of all the land of Egypt, of Jerusalem the holy 

ggli ,, city, of Nubia, Abyssinia and Pentapotis, and all the 

' preaching of St ^fark," as he is still called,had originally 
jurisdiction ever aQ the places named. Jurisdiction over 
Abyssinia remains, but from Nubia and Pentapolis Christianity 
has disappeared. The ancient rate is that no bishop is eligible 
for the patriarchate* The requirement of a period of desert life 
has so far prevailed that no one but a monk from one of the 
desert monasteries is now qualified. This rule, harmless perhaps 
when the monasteries were the great schools of learning and 
devotion, now puts a premium on ignorance, and is disastrous 
to the church; more particularly as even bishops must be chosen 
from the monks. The patriarch is elected by an assembly of 
bishops and elders. The candidate is brought in chains from 
the desert, and, if only. in monk's orders, is passed through 
the higher grades except that of bishop. The patriarch's seat 
was transferred some time after the Arab conquest from Alex- 
andria to the fortress town of Babylon (Old Cairo), and in modern 
times it was shifted to Cairo proper. The other orders and offices 
in the church are metropolitan, bishop, chief priest, priest, 
archdeacon, deacon, reader and monk. The number of bishoprics 
ia ancient times was very large— Athanashis says nearly 100. At 
present there remain ten in Egypt, one at Khartum and three 
in Abyssinia. 

The numerous remaining churches in Egypt but faintly 
represent the vast number standing in ancient times. Rufinus 
says that he found 10,000 monks in the one region ^jm, 
of Aisiaoe. Later, in 6to, the Persians are described 
as destroying 600 monasteries near Alexandria. Abu S&Iih 
(isth century) gives a list of churches surviving in his day, and 
their number is astonishing. The earliest were cut out of rocks 
and caverns. In the days of Oonstantine and Justinian basilicas 
of great splendour were built, such as the church of St Mark 
at Alexandria and the Red Monastery in Upper Egypt. This 
type of architecture permanently influenced Coptic builders, 



Uttiaga, 



but there prevailed also a type, probably native in origin, though 
possessing Byzantine features, such as the domed roofing. 
There is no church now standing which bears any trace of the 
fine glass mosaics which once adorned the basilicas, nor is there 
any example of a well-defined cruciform ground-plan. But the 
use of the dome by Coptic architects is almost universal, and 
nearly every church has at least three domes overshadowing 
the three altars. The domes are sometimes lighted by small 
windows; but the walls are windowlcss, and the churches con- 
sequently gloomy. Among the most interesting churches are 
those of Old Cairo, those in the Wadi Natron, and the Red and 
White Monasteries (Der et-Abiad and Der. d-Ahmar) near 
Suhag in Upper Egypt. 

Every church has three altars at the eastern end in three 
contiguous chapels. The central division is called the kaikal 
or sanctuary, which is always divided from the choir 
by a fixed partition or screen with a small arched 
doorway closed by double doors. This resembles 
the Greek iconostasis, the screen on which the "icons" or 
sacred pictures are placed. Haikal screen and choir screen 
are often sumptuously carved and inlaid. A marble basin for 
the mandatum in the nave, and an epiphany lank at the west 
are common features. The altar is usually built of brick or 
stone, hollow within, and having an opening to the interior. 
A wooden altar-slab covered with crosses, &c, lies in a rectangular 
depression on the surface, and it is used in case of need as a 
portable altar. Chalice and paten, ewer and basin, crewet and 
chrismatory, are found as in the Western churches. The aster 
consists of two crossed half-hoops of silver and is used to place 
over the wafer. The flabellum is used, though now rarely made 
of precious metal. Some examples of silver-cased textus now 
remaining are very fine. Every church possesses thuribles — 
the use of incense being universal and frequent— and diadems 
for the marriage service. The use of church bells is forbidden 
by the Moslems, except in the desert, and church music consists 
merely of cymbals and triangles which accompany the chanting. 

The sacramental wine is usually made from raisins, but the 
juice must be fermented. Churches even in Cairo have a press 
for crushing the raisins. The cucharistic bread is baked Rhm 
in an oven built near the sanctuary. The wafer is ^/g^^. 
a small loaf about 3 inches in diameter and 1 inch mrrmhr 
thick, stamped with the trisagion and with crosses. 
Communion must be received fasting. Confession is required, 
but has somewhat fallen into disuse. Laymen receive in both 
kinds. The wafer being broken into the chalice, crumbs or 
" pearls " are taken out in a spoon and so administered, as in 
the Greek rite. Reservation is uncanonicaL Rcnaudot states 
that it was permitted in cases of great extremity, when the host 
remained upon the altar with lamps burning and a priest watching, 
but it is not now practised, and there is no evidence of any such 
vessel as a pyx in. Coptic ritual. Small bencdictional crosses 
belong to each altar, and processional crosses are common. The 
crucifix is unknown, for while paintings and frescoes abound, 
graven images are absolutely forbidden. The liturgy was read 
exclusively in the extinct Coptic language till the end of the 
lyth century, but parts are now read in Arabic, while the lessons 
have long been read in Arabic as well as in Coptic The services 
are still excessively long, that of Good Friday lasting eleven 
hours; but benches are now provided in the newer churches. 
Seven sacraments are recognized— baptism, confirmation, 
eucbarist. penance, orders, matrimony, and unction of the sick. 
The chief fasts are those of Advent, of Nineveh, of Heraclius, 
Lent and Pentecost. Pilgrimage to Jerusalem is a duty and 
sometimes a penance. 

The Coptic ritual deserves much fuller study than it has 
received. Since the 7th century the church has been so isolated 
as to be little influenced by changes affecting other communions. 
Consequently it remains in many respects the most ancient 
monument of primitive rites and ceremonies jn Christendom. 
But centuries of subjection to Moslem rule have much weakened 
it For the liturgical dress see Vestments; Chasuble, &c 

The British occupation of Egypt profoundly modified Coptic 



n6 



COPYHOLD 



religious life. Before it the Copts lived in their own semi- 
fortified quarters in Cairo or Old Cairo or in country or desert 
Prtaeat Dairs (Ders). Walls and gates were now thrown 
down or disused: the Copts began to mix and live 
freely among the Moslems, their children to frequent 
the same schools, and the people to abandon their 
distinctively Christian dress, names, customs and even religion. 
Freedom and prosperity threatened to injure the Church more 
than centuries of persecution. Many of the younger generation 
of Copts began openly to boast their indifference and even 
scepticism: in the large towns churches came to be too often 
frequented only by the old or the uneducated, confession and 
fasts fell into neglect and the number of communicants 
diminished; while the facility of divorce granted by Islam 
occasioned many perversions from among the Copts to that 
religion. On the other hand the necessity of resistance to these 
tendencies and of reform from within was strongly realized. 
Unfortunately, the institution of a lay council of eminent 
churchmen, which has been formed for the patriarch and for 
every bishop in his own diocese, has led to prolonged struggles 
and on one occasion to a serious crisis, in which the patriarch 
and the metropolitan of Alexandria were for a while banished 
to the desert. A principal object of these lay councils is to 
control the financial and legal powers vested in patriarch and 
bishops — powers which have often been greatly abused. Other 
objects are (i) to provide Christian religious education in all 
Coptic schools and to raise these schools to a high standard in 
secular matters; (2) to promote the education of women; (3) 
to apply church revenues to the maintenance of churches and 
schools and to the better payment of the clergy, who are now 
often compelled to live on charity; (4) to ensure prompt ad- 
ministration of justice in ecclesiastical causes such as divorce, 
inheritance, &c; and (5) to establish colleges for the efficient 
training of the clergy. Educated Copts remember the time 
when the church of Alexandria was as famous for learning as 
for zeal. They desire also to resist the serious encroachments 
of Roman Catholic, American Presbyterian, and other foreign 
missions upon their ancient faith. - (A. J. B.) 

Authorities. — (1) History and Religion: Johann Michael 
Wansleben (Vanslcb), a Dominican and learned orientalist (1635- 
1679J, Hist, del'igliscf Alexandria (Paris, 1677), written at Cairo 

>8, 
6- 
bu 

rs. 

ud 

lUS 

to 

the 
yly 
of 
l) 



Literature.— See Crum's article above referred to, his CatoUgn 
of Coptic MSS. in the British Museum, and his annual reviews in 
the Archaeological Report of the Egypt Exploration Fund; J. 
Letpoldt in Geschichte tier chrisllichen Ltteraturen ies Orients (Leipzig, 
1907); H. Junker, Koptische Poesiedes tennten Jakrkundtrts, 1. Toil 
(Berlin, 1908) ; Archdeacon Dowling; The Egyptian Church (London, 
1909). 

Modern People. — E. W. Lane's description of the Copts in his 
Modern Egyptians is interesting, but founded on imperfect infor- 
mation, and, moreover, coloured by prejudices in favour of the 
Moslems whom he studied with so much sympathy. See Kluiuringer, 
Upper Egypt, pp. 61 et sqq. ; also the last chapter of The Story «j 
the Church of Egypt, by Mrs E. L. Butcher (1897). on the social life 
and customs. 

COPYHOLD, in English law, an ancient form of land tenure, 
legally defined as a " holding at the will of the lord according 
to the custom of the manor." Though nowadays of diminishing 
practical importance, its incidents are historically interesting 
Its origin is to be found in the occupation by villain, or non- 
freemen, -of portions of land belonging to the manor of a feudal 
lord. In the time of the Domesday su rvey the manor was in part 
granted to free tenants, in part reserved by the lord himself 
for his own uses. The estate of the free tenants is the freehold 
estate of English law; as tenants of the same manor they 
assembled together in manorial court or court baron, of which 
they were the judges. The portion of the manor reserved for 
the lord (the demesne, or domain) was cultivated by labourers 
who were bound to the land (odscripti gkbac). They could not 
leave the manor, and their service was obligatory. These villani, 
however, were allowed by the lord to cultivate portions of land 
for their own use. It was a mere occupation at the pleasure of 
the lord, but in course of time it grew into an occupation by 
right, recognized first of all hy custom and afterwards by law. 
This kind of tenure is called by the lawyers tillenogtum, and it 
probably marks a great advance in the general recognition of 
the right when the name is applied to lands held on the same con- 
ditions not by villeins but by free men. The tenants in villenage 
were not, like the freeholders, members of the court baron, but 
they appear to have attended in a humbler capacity, and to have 
solicited the succession to the land occupied by a deceased father, 
or the admission of a new tenant who had purchased the good- 
will, as it might be called, of the holding, paying for such favours 
certain customary fines or dues. In relation to the tenants in 
villenage, the court baron was called the customary court. The 
records of the court constituted the title of the villein tenant, 
held by copy of the court roll (whence the term " copyhold "); 
and the customs of the manor therein recorded formed the real 
property law applicable to his case. 

Copyhold had long been established in practice before it was 
formally recognized by the law. At first it was in fact, as it is 
now in the fictitious theory of the law, a tenancy at will, for which 
none of the legal remedies of a freeholder were available. In the 
reign of Edward IV., however, it was held that a tenant in 
villenage had an action of trespass against the lord. In this way 
a species of tenant-right, depending on and strongly supported 
by popular opinion, was changed into a legal right. But it retained 
many incidents characteristic of its historical origin. The life of 
copyhold assurance, it is said , is custom. Copyhold is necessarily 
parcel of a manor, and the freehold is said to be in the lord of 
the manor. The court roll of the manor is the evidence of title 
and the record of the special laws as to fines, quit rents, heriots, 
&c, prevailing in the manor. When copyhold land is conveyed 
from one person to another, it is surrendered by the owner to the 
lord, who by his payment of the customary fine makes a new 
grant of it to the purchaser. The lord must admit the vendor's 
nominee, but the form of the conveyance is still that of surrender 
and re-grant The lord, as legal owner of the fee-simple of the 
lands, has a right to all the mines and minerals and to ail the 
growing timber, although the tenant may have planted it himself. 
Hence it % appears that the existence of copyhold tenures may 
sometimes be traced by the total absence of timber from such 
lands, while on freehold lands it grows in abundance. Hence 
also the popular saying that the " oak grows not except on free 
land." The copyholder must not commit waste either by cutting 



COPYHOLD— COPYING MACHINES 



»7 



x, &c, or by neglecting id repair buildings. In such 
respects the law treats him as a mere lessee,— the real owner 
being supposed to be the lord. On the other hand, the lord 
may not enter the land to cut Us own Umber or open bis mines. 
The limitations of estates usual in respect of other lands, as found 
m copyhold, become subject of course to the operations of its 
penal tar conditions aa to the relation of lord and tenant An 
estate for life, or pour autre tie (t.«. for another's life), an estate 
entail, or in fee-simple, may be carved out of copyhold. 

A species of tenure resembling copyhold is what is known as 
cmstawusry freehold. The land is held by copy of court-roll, but 
not by will of the lord. The question has been raised whether 
the freehold of such lands is m the lord of the manor or in the 
tenant, and theceurts of law have decided in favour of the former. 
In some instances copyhold for lives alone is recognized, and in 
ssch cases the lord of the manor may ultimately, when all the 
lives have dropped, get back the land into his own hands. 

The feudal obligations attaching to copyhoh} tenure have 
been found to cause much inconvenience to the tenants, while 
they arc of no great value to the lord. One of the most vexatious 
of these is the kaiot t under which name the lord is entitled to 
setae the tenant's best beast or other chattel in the event of the 
tenant's death. The custom dates from the time when all the 
copyholder's property, including the copyholder himself, belonged 
to the lord, and is supposed to have been fixed by way of analogy 
to the custom which gave a military tenant's habiliments to 
his lord in order to equip his successor. Instances have occurred 
of articles of great value being seized as heriots for the copyhold 
tenements of their owners. A race horse worth £2000 or £3000 
was thus seized. The fine payable on the admission of a new 
tr*""^, whether by alienation or succession, is to a certain extent 
arbitrary, but the courts long ago laid down the rule that it must 
be reasonable, and anything beyond two years' improved value 
of the lands they disallowed. 

The inconvenience caused by these feudal incidents of the 
tenure led to a series of statutes, having for their object the 
conversion of copyhold into freehold. The first Copyhold Act, 
that of 1841, was consolidated by the Copyhold Act 1894. 
Owing to the incidents attaching to land " holden by copy of 
court roll according to the custom of the manor " in the shape of 
fines and heriots, the inability to grant a lease for a term exceed- 
ing a year, and to the peculiar rules as to descent, waste, dower, 
curtesy, alienation, and other matters, varying often from manor 
to manor and widely differing from the uniform law applicable 
tc land hi general, enfranchisement, or the conversion of land 
held by copyhold tenure into freehold, Is often desired. This could 
and may still be effected at common law, but only by agreement 
on the part of both the lord and the tenant. Moreover, (t was 
subject to other disadvantages. The cost fell on the tenant, and 
the land when enfranchised was subject to the encumbrances 
attaching to the manor, and so an Investigation into the lord's 
title was necessary. In 1841 an act was passed to provide a 
statutory method of enfranchisement, removing some of the 
barriers existing at common law; but the machinery created 
wis only available where both lord and tenant were in agreement. 
The Copyhold Act 185a went further, and for the first time 
introduced the principle of compulsory enfranchisement on the 
part of either party. By the Copyhold Act 1804, which now 
governs statutory enfranchisement, the former Copyhold Acts 
1841-1887, were repealed, and the law was consolidated and 
improved. Enfranchisement Is now effected under this act, 
though in certain cases it is also to be obtained under special 
acts, such as the Land Clauses Consolidation Act 1848; and the 
okl common law method with all its disadvantages Is still open. 
The Copyhold Act 1804 deals both with compulsory and with 
voluntary enfranchisement. In either case the sanction of the 
Board of Agriculture must be obtained; and powers are bestowed 
oa it to decide questions arising on enfranchisement, with an 
appeal to the High Court. The actual enfranchisement, where 
it a compelled by one of the parties, is effected by an award 
made by the board; in the case of a voluntary enfranchisement 
it is completed by deed. Under the act it is open to both lord 



and tenant to compel enfranchisement, though the expenses are 

to be borne by the party requiring it The compensation to 
the lord, in the absence of an agreement, is ascertained under the 
direction of the board on a valuation made by a valuer or 
valuers appointed by the lord and tenant; and may be paid 
either in a gross sum or byway of an annual rent charge issuing 
out of the land enfranchised, and equivalent to interest at the 
rate of 4% 00 the amount fixed upon as compensation. This 
rent charge is redeemable on six months' notice at twenty-five 
times its annual amoun t. The tenant, even if he is the compelling 
party, may elect either method; but the lord has not the same 
option, and where the enfranchisement is at his instance, unless 
there is either an agreement to the contrary or a notice on the 
part of the tenant to exercise bis option, the compensation b 
a rent charge. Power is conferred on the lord to purchase the 
tenant's interest where a change in the condition of the land by 
enfranchisement would prejudice his mansion house, park or 
gardens; while on the other hand, in the interest of the public 
or the other tenants, the board is authorized to continue con- 
ditions of user for their benefit 

So far the provisions relating to compulsory enfranchisement 
have been dealt with; but even in the case of a voluntary agree- 
ment the lord and tenant are only entitled to accept enfranchise- 
ment with the consent of the Board of Agriculture. The 
consideration in addition to a gross sum or a rent charge may 
consist of a conveyance of land, or of a right to mines or minerals, 
or of a right to waste in lands belonging to the manor, or partly 
in one way and partly in another. The effect of enfranchisement, 
whether it be voluntary or compulsory, is that the land becomes 
of freehold tenure subject to the same laws relating to descent, 
dower and curtesy aJ are applicable to freeholds, and so freed 
from Borough English, Gavelkind (save in Kent), and other cus- 
tomary modes of descent, and from any custom relating to dower 
or free-bench or tenancy by curtesy. Nevertheless, the lord is 
entitled to escheat in the event of failure of heirs, just as if the land 
had not been enfranchised. The land is held under the same title 
as that under which it was held at the date at which the enfran- 
chisement takes effect; but it is not subject to any estate right, 
charge, or interest affecting the manor. Every mortgage of 
copyhold estate In the land enfranchised becomes a mortgage 
of the freehold, though subject to the priority of the rent charge 
paid in compensation under the act. All rights and interests of 
any person m the land and all Teases remain binding in the same 
manner. On the other hand the tenant's rights of common stiff 
continue attached to the freehold; and, without express consent 
in writing of the lord or tenant respectively, the right of either 
in mines or minerals shall not be affected by the change. No 
creation of new copyholds by granting land out of the waste b 
permissible, save with the consent of the Board of Agriculture; 
and the act enacts that a valid admittance of a new copy- 
holder may be made without holding a court. 

Under the earlier acts, machinery to free the land from the 
burden of the old rents, fines and heriots was set up, commuting 
them into a rent charge or a fine. Commutation, however, to 
never compulsory, and differs from enfranchisement in that, 
whereas by enfranchisement the land in question is converted 
into freehold, by commutation it stffl continued parcel of the 
manor, though subject to a rent charge or a fine, as might have 
been agreed. The ordinary laws of descent, dower, and curtesy 
were, however, substituted for the customs in relation to these 
matters incidental to the land in question before commutation,' 
and the timber became the tenant's. 

AuTiroaiTrts.— C. I. Elton, Law of Copyholds (1808) ; C. WatWna, 
On Copyholds (t8a<); Srrne* on Copyholds, ed. A. Brown (1696); 
A. Brown, Copyhold Enf* an c kittm*ni Ads (1899). 

COFYTJTO MACHI1U. Appliances of various kinds have 
been devised for producing copies of writings made by the pen 
or pencil. A simple method commonly adopted when only a 
single copy is required is to write the original with specially 
prepared copying ink (formed by adding some thickening 
substance like sugar or gum to ordinary ink), to place upon it a 
damped sheet of thin absorbent paper, and to press the two 



n8 



COPYRIGHT 



together in some way, as in a copying press. The resulting 
impression, being reversed, must be read from the back of the 
absorbent paper, which is thin enough to be . transparent. 
Another process, by which a considerable number of copies 
can be made simultaneously, consists in interleaving a number 
of sheets of thin white paper with sheets of paper prepared with 
lampblack (" carbon paper ") and writing on the top sheet 
with a "style" or other sharp-pointed instrument. The 
hectograph may be taken as typical of manifolding processes 
analogous to lithography. In it the writing is in first instance 
done with aniline ink, and then a transfer is made to a plate of 
a gelatinous composition, from which a series of duplicates can 
be taken off. Another class of methods involves the preparation 
of what are essentially stencils. In the cyclostyle, paper of a 
special kind is stretched over a smooth metal plate, and the 
writing instrument consists of a holder having at the end a 
small wheel provided with a serrated edge' on its periphery, 
which perforates the paper with lines of minute cuts and thus 
forms a stencil. When ink is passed over this stencil with a roller 
it goes through the perforations and leaves an impression on a 
piece of paper placed underneath. In the trypograph a similar 
result is attained by using a simple style for writing, but stretch- 
ing the paper over a metal plate having its surface covered with 
fine sharp corrugations which pierce the paper as the style is 
moved over them. In the Edison electric pen the stencil is 
formed by the aid of a style containing a fine needle, which is 
rapidly moved up and down by a small electric motor mounted 
at the top of the pen, and thus a series of minute holes Is 
punctured in the paper by the act of writing. For copying plans 
and drawings, engineers, architects, &c, .use a " blue print " 
process which depends on the action of light on certain salts of 
iron (see Sun-Copying and Photography). 

COPYRIGHT, in law, the right, belonging exclusively to 
the author or his assignees, of multiplying for sale copies of an 
original work or composition, in literature or art. As a recognized 
form of property it is, compared with others, of recent origin, 
being in fact, in the use of literary works, mainly the result of the 
facility for multiplying copies created by the discovery of print* 
ing. It is with copyright in literary compositions that we are here 
primarily concerned, as it was established first, the analogous 
right as regards works of plastic art, &c, following in its train. 

x. Whether copyright was recognised at all by the common 
law of England was long a much debated legal question. Black- 
stone thinks that " this species of property, being grounded on 
labour and invention, is more properly reducible to the head of 
occupancy than any other, since the right of occupancy itself 
is supposed by Mr Locke and many others to be founded on the 
personal labour of the occupant" But he speaks doubtfully of 
its existence— merely mentioning the opposing views, " that 
on the one hand it hath been thought no other man can have a 
right to exhibit the author's work without his consent, and that 
it is urged on pie other hand that the right is of too subtle and 
unsubstantial a nature to become the subject of property at 
the common law, and only capable of being guarded by positive 
statutes and special provisions of the magistrate." He notices 
that the Roman law adjudged that if one man wrote anything 
on the paper or parchment of another, the writing should belong 
to the owner of the blank materials, but as. to any other property 
in the works of the understanding the law is silent, and he adds 
that " neither with us in England hath there been