council to another place. It also passed several regulations of discipline, against simony, &c. Eugenius on his part abrogated by a bull the decrees of the council against himself, and declared the council to have been in error when it asserted its superiority above the pope. Thirteenth session, September. At the request of the Duke of Bavaria another month was allowed to Eugenius before the fathers passed judgment upon him.

Fourteenth session, November. The Emperor Sigismund was present at the council. Three months were granted to Eugenius to revoke all his acts against the council.

Fifteenth session. Eugenius, having at length listened to the mediation of France, Burgundy, and other powers, revoked the bulls which he had launched against the council, and issued another bull according to the form sent to him by that assembly, in which he declared that although he had dissolved the council of Basle lawfully assembled, yet, in order to avoid dissension, he now declared that the council had been lawfully continued since its first beginning, and that he approved of all its decisions, and declared the bull of dissolution to be null and void. He then appointed four cardinals to preside in the council together with Cardinal Julian.

Sixteenth session, February, 1434. The letters of Eugenius were read in full council and presence of the Emperor Sigismund. The papal legates were introduced and incorporated with the council. Seventeenth session, April. The legates were made to swear to support the dignity of the council, and to observe its decrees as well as those of the Council of Constance, and that their authority should be dependent on that of the council and not coactive with or compulsory upon the council.

Eighteenth session, June. The council confirmed the decrees of the fourth and fifth sessions of the Council of Constance. John, Patriarch of Antioch, read a thesis in favour of the superiority of the general council above the pope.

Nineteenth session, September. Conferences with the ambassadors of John Palæologus, emperor of Constantinople, concerning the projected union of the Eastern and Western churches. Legates appointed by the council to proceed to Constantinople. The council decreed that in every university there shall be professors of Hebrew, Arabic, Greek, and Chaldæan. Twentieth session, January, 1435. Decrees of reform of church discipline, penalties against concubinarian priests, &c. Twenty-first session, June. Decree against the "annates," or first fruits, and other payments and fees exacted by the court of Rome. Three years of undisturbed possession of a benefice, obtained by legitimate title, to be considered as affording a prescriptive title to the possessor. Several decrees on public worship and other matters. Pope Eugenius remonstrated strongly against the suppression of the annates," urging that the council ought at least to make compensation for the support of the Holy See. Cardinal Julian's reply to the pope's remonstrances.

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Twenty-second session, October. Condemnation of a book written by an Austin friar, who had ascribed some attributes to the human nature of Christ which properly belonged to his divine nature. Twenty-third session, March, 1436. Decrees concerning the free election of the pope, his profession of faith, the number of cardinals reduced to twenty-four, &c. All reserved benefices, mandates, and other grants applied by the popes to their own profit, declared null and void. Twenty-fourth session, April. The legates of Eugenius urged the fathers to fix upon a town where to assemble a new council, in order to meet the Eastern emperor and his retinue and prelates, for the purpose of effecting the reconciliation of the two churches. A congregation was held in consequence, which was attended by 357 prelates, two-thirds of whom voted for the city of Basle, if the Greeks should agree to it, and if not, they proposed Avignon or some town of Savoy. A deputation was sent to Eugenius to entreat him to crown the labours of the present council by the reunion of the Eastern with the Western churches, and inviting him to come in person and expedite the necessary bulls. Eugenius, however, supported by a minority in the council, was for holding a new council in some town of Italy, and many months elapsed in fruitless negotiations upon this subject.

Twenty-fifth session, May, 1437. The council decreed that the œcumenic council for the union of the two churches should sit either at Basle or at Avignon. Most of the fathers did not wish to go to Italy, where they would have been too much in the power of the pope. A division then occurred in the assembly. A minority joined the papal legates, and made a decree by which they assumed the authority and name of a council, and transferred the council to Ferrara. Eugenius hastened to issue a bull which confirmed this decision, and immediately caused a squadron of galleys to be equipped at Venice, to proceed to Constantinople with three papal legates, for the purpose of bringing the emperor and the eastern prelates to Ferrara. The council of Basle, that is to say the majority of that assembly, which had kept together, sent likewise galleys for a similar purpose, but they were too late, and the emperor repaired to Venice with the papal legates on board the Venetian galleys. Cardinal Julian, who was still at Basle, proposed to the council to send a deputation to Venice to receive the emperor on his landing, and, by explaining to him how matters stood, to endeavour to bring him to Basle. The fathers, however, hesitated and lost time. Up to this period the council of Basle is considered by most Roman

Catholic theologians, to have been truly occumenic and legitimate, as Pope Eugenius had solemnly acknowledged it as such since November, 1433, and had since acted in union with it by means of his legates. But some ultramontane divines, and Holstenius among the rest, controvert the authority of the council altogether. Pope Nicholas V. however, who succeeded Eugenius, in his bull beginning "Ut pacis," dated Spoleto, July, 1449, speaks of the council of Basle with respect as a council, and not as a conciliabulum, and Eugenius himself in his letters to his legates in Germany, dated Rome, August, 1446, inserted in the Annals of Raynaldus, speaks of the general councils of Constance and Basle, as being by him acknowledged and venerated, without prejudice, however, to the right and pre-eminence of the Holy See. The council of Basle, in its twenty-sixth session, July, 1437, again summoned Eugenius to appear before it, and Eugenius answered by a bull for the dissolution of the council, appointing the meeting of a new council, to which he invited all Christian prelates, and forbidding under heavy canonical penalties, the making of any more synodal acts at Basle, after the period of thirty days, which were to be employed in winding up the negotiations with the Bohemian deputies. King Charles VII. of France forbade his bishops to repair to Ferrara. In their twenty-seventh session, September, the fathers at Basle declared null and void the creation of two cardinals recently made by Eugenius.

In the twenty-eighth session, October, the period assigned to Eugenius for his appearance being expired, the fathers declared him "contumax," and resolved to proceed canonically against him. Eugenius at the same time issued a bull, transferring the council to Ferrara. In his letters to his legates in Germany he speaks of the council of Basle as a legitimate assembly, until the order for transferring it to Ferrara. In the twenty-ninth session, October, the fathers rejected the bull of transfer to Ferrara, and assigned their reasons for it.

In January, 1438, one Cardinal Nicholas, Eugenius's legate, opened the new council at Ferrara. Cardinal Julian, who still remained at Basle, quitted that town with four other prelates, and joined the council of Ferrara. The council of Basle was declared henceforth null, and all its future acts were declared void. Several theologians date from this epoch the termination of the legality of the council of Basle. That assembly, however, went on holding its sessions for five years longer, and a schism in the Church was the result. The council of Basle deposed Eugenius in 1439, and elected Amadeus VIII. of Savoy, by the name of Felix V. These measures, however, were discountenanced by the great majority of the catholic world; France, England, and Germany disapproved of them. Most of the bishops withdrew from Basle, and their places were filled up by archdeacons, friars, provosts, and doctors, and other churchmen not of episcopal rank. From that period it is impossible to consider the council of Basle any longer as occumenic. The last session of this self-styled council of Basle was held in May, 1443, when it decreed that within three years a council, or rather a continuation of the council, should be held at Lyon. It, however, met ultimately at Lausanne, in 1449, when Felix having abdicated, the remaining fathers of the council of Basle made their peace with Nicholas V.

In the collection of the Acts of General Councils, handsomely published in Greek and Latin, by order of Pope Paul V., 'Conciliorum generalium Ecclesiæ Catholicæ,' 4 vols. folio, Rome, 1628, the council of Basle is altogether omitted, but that of Constance is inserted. The following writers have treated especially of the council of Basle:Eneas Sylvius Piccolomini (afterwards Pope Pius V.), who was for a time secretary to the council, in his Opera,' which also contain the two celebrated epistles of Cardinal Julian to Pope Eugenius, maintaining the paramount authority of the council; le Père Alexandre, a Dominican, Dissertationes de Conciliis Senensi et Basiliensi,' in the eighth volume of his 'Historia Ecclesiastica,' Paris, 1714, and Venice, 1749; Richer Responsio Synodalis data Basilia, Oratoribus D. Eugenii P. P. IV., in Congregatione Generali III., Non. Septemb 1432: De Auctoritate cujuslibet Concilii generalis supra Papam et quoslibet Fideles, pars præcipua, et in eam Commentarius,' Coloniæ, 1613; Lenfant, Histoire de la Guerre des Hussites et du Concile de Basle,' which refers chiefly to the transactions of the Bohemian schismatics and their negociations with the Council of Basle, on particular points of rite and discipline; Richard Analyse de Conciles.' Ferrara, Council of, was attended by Pope Eugenius, the Emperor John Manuel Palæologus, the patriarch of Constantinople, Mark, archbishop of Ephesus, and about twenty more eastern bishops. The discussions between them and the Latin prelates turned first upon the dogma of the proceeding of the Holy Ghost and the word "filioque" said to have been added by the Latins.

6

In 1439 the council was transferred to Florence, and the discussions were continued. The two parties effected a reconciliation, excepting Mark of Ephesus, upon the dogma of the Holy Ghost, that of purgatory, and the supremacy of the pope, which the Greeks acknowledged, "saving the privileges and rights of the patriarchs of the East." The act of union was signed by the vicars of the patriarchs of Alexandria, Antioch, and Jerusalem, and by several metropolitans, but it was soon after disavowed by the great body of the Eastern Church. [GREEK CHURCH.] The eastern prelates, about thirty in number, left Florence in August, 1439, to return to their country. After their departure, Pope Eugenius continued the council, although it could no longer be

called general, the reunited Eastern Church being no longer represented in it. The fathers of Basle, who had deposed Eugenius, were declared heretical, as well as Felix V., who was declared to be a schismatic antipope. After several other decrees the Council of Florence was closed in April, 1442. The French and other divines do not recognise the authority of the Council of Florence, which however is fully acknowledged at Rome. The same may be said of the following:Lateran, the Fifth Council of, was convoked by Pope Julius II., in 1512, to oppose the acts of the pretended council of Pisa, when a certain number of prelates hostile to Julius had assembled under the influence of the king of France, then at variance with the pope. After declaring all the acts of Pisa null and void, and summoning the French prelates to appear at Rome, Pope Julius died in February, 1513, but his successor, Leo X., continued the council, and Louis XII., giving up the "Conciliabulum" of Pisa, sent in his adhesion to the council of Lateran. The French prelates, however, did not attend, under various excuses. The council continued assembled till March, 1517. It chiefly concerned itself with matters of discipline. Among others, it established a general ecclesiastical censorship on all printed books, under pain of excommunication. [CENSORSHIP OF THE PRESS.] It confirmed the concordat made at Bologna between Pope Leo and Francis I., concerning the sees and benefices of France, and annulled the previous pragmatic sanction promulgated by King Charles VII., conformably to the decrees of the councils of Constance and Basle. The concordat took away from the chapters the right of electing to vacant sees, and gave the nomination to the king, subject to the papal sanction and ordination.

Trent, the Council of, is the last œcumenic council of the Latin church, and is acknowledged as such by the Roman Catholic world, although some of its decrees in matters of discipline are not sanctioned by the laws of many states. [TRENT, COUNCIL OF.]

The principal collections of the acts of the councils are: Labbé and Cossart, Sacrorum Conciliorum nova et amplissima Collectio,' with additions by Coleti and Mansi, 31 vols. fol., Florence and Venice, 1759-98; Concilia generalia Ecclesia Catholicæ Pauli V. Pont. Max. auctoritate edita,' 4 vols. fol. Rome, 1628; Concilia Generalia,' edita a T. Merlino, 2 vols. fol., Cologne, 1530; Concilia Omnia, tam generalia quam particularia, a Petro Crabbe, 2 vols. fol., Cologne, 1538-40; Collectio Regia maxima Conciliorum, seu Acta Conciliorum et Epistolæ Decretales, ac Constitutiones Summorum Pontificum ab anno Christi 34 ad 1714, studio Joh. Harduini, Soc. Jesu; cum novis indicibus,' 12 vols. fol., Paris, 1714-15. There are also collections of national councils: Collectio Conciliorum Hispaniæ, diligentia Garsia Loaisa elaborata,' fol., Madrid, 1593; 'Concilia Magna Britanniæ et Hiberniæ a Synodo Verolamiensi, A.D. 446 ad Londinense, A.D. 1717, a D. Wilkins collecta,' 4 vols. fol., 1737; 'Sacra Concilia Ecclesiæ Romano-Catholicæ in Regno Hungariæ celebrata, ab anno 1016 ad 1734,' fol., Vienna, 1742; Concilia antiqua Galliæ, cum Epistolis Pontificum, Principum Constitutionibus, et aliis Gallicana rei Ecclesiastica monimentis, Opera et Studio T. Sirmondi,' 3 vols. fol., Paris, 1629; Collectio maxima Conciliorum omnium Hispaniæ et novi Orbis, cura et studio Jos. Saenz de Aguirre, editio altera novis additionibus aucta a Jos. Catalano, cum indicibus,' 6 vols. fol., Rome, 1753; Conciles de Toulouse, Béziers, et Narbonne, ensemble les ordonnances du Comte Raimond contre les Albigeois, par Arnaud Sorbin, D.D.,' 8vo., Paris, 1569; Atti dell' assemblea degli Arcivescovi e Vescovi della Toscana tenuta in Firenze, l'anno 1787, 4to., Firenze, 1787; 'Atti e decreti del Concilio Diocesano di Pistoja dell' anno 1786,' 4to. Firenze, 1788; Salmon, Traité de l'etude des Conciles et de leurs Collections,' Paris, 1724.

Some of the old Spanish councils are very important, such as the Council of Iliberis, 303, which concerned itself chiefly with the morals of the faithful, exposed as they were to the bad example of their heathen countrymen. Its canons, to the number of eighty, have come down to us, which is not the case with most of the previous councils. Several of the councils of Toledo are also very important for the elucidation of Church history and controversy, especially on questions of discipline.

The Greek or Eastern Church, since its separation from Rome, has held its own general councils or synods under the presidency of the œcumenic patriarchs of Constantinople. [GREEK CHURCH; RUSSIAN CHURCH.]

The Protestant and Reformed Churches have also held their councils or synods, such as DORT, SYNOD OF. The Synod of Emden, in 1571, and that of Sandomir, for the Protestant churches of Poland; the general assemblies of the Scottish Church, and the convocations of the Church of England, are also a sort of national councils; but the Protestants in general do not admit the divine inspiration and consequent infallibility of the councils, whether general or national, though they acknowledge the doctrines propounded by the first two oecumenic councils of Nice and Constantinople.

COUNCILLORS. [CORPORATIONS; MUNICIPAL CORPORATIONS.] COUNSEL, an abbreviation of counsellor, by which in England is understood a barrister. The phrase includes, of course, serjeants, Queen's counsel, and by courtesy comprehends those who, having kept twelve terms at one of the inns of court, have been permitted to practise under the bar. [BARRISTER.] The word has no plural number, and is used to denote either one or more counsel. The duty of

counsel is to give advice in questions of law, and to manage causes for clients. They are styled common law, equity, or chamber counsel, according to the nature of the business they transact. They are supposed to plead gratuitously. [ADVOCATE.] In the words of Mr. Justice Bayley, 1 Chit. R. 351, "they are to be paid beforehand, because they are not to be left to the chance whether they shall ultimately get their fees or not, and it is for the purpose of promoting the honour and integrity of the bar that it is expected all their fees should be paid when their briefs are delivered. That is the reason why they are not permitted to maintain an action for their fees." Counsel may be retained generally, that is, to advocate any cause in which the retaining party may be engaged, or specially with reference to a pending cause; and generally speaking, it is not optional for counsel to refuse a retainer; there are certain rules, however, by which their practice is regulated.

Counsel in a cause have the privilege of enforcing anything which is contained in their instructions and is pertinent to the matter in question, and are not bound to inquire whether it be true or false; they are also at liberty to make fair comments on the evidence adduced. Formerly, in cases of felony, counsel for the prisoner were not allowed to address the jury on his behalf; they might, however, examine and cross-examine the witnesses, and argue points of law; but now by stat. 6 & 7 Wm. IV. c. 114, all persons tried for felony may make full answer and defence by counsel.

Counsel are punishable by stat. West. 1. 8 Ed. I., c. 28, for deceit or collusion, and, it is said, are so far under the jurisdiction of the judges, that in the event of malpractice they may be prohibited from addressing the court. They are certainly bound by the rules established by each court for the regulation of its own practice; and for professional or other misconduct may be disbarred by the inn of court to which they belong (Blackst. Comm.,' Mr. Kerr's ed., v. iii. p. 28.)

COUNT, through the French word comte, from the Latin comes, comitis, meaning companion. Considered in its original acceptation, this word might be translated by assessor, an officer who, during the Roman republic, was given as an assistant to the proconsuls or the proprætors sent out to govern the provinces. Cicero speaks of these comites in several passages of his works. Dion Cassius states that Augustus Caesar called by that name all the officers of his imperial household. These comites pronounced judgment on all matters referred to them by the emperor, and their judgments had the same authority as the Senatus Consulta. The council of state instituted by Napoleon I. gives a very exact idea of the constitution of that court tribunal. Like the council of state, the latter was invested with judicial, legislative, and executive power. The emperors of the East followed the example of those of the West, with this difference only, that the comites created by Augustus and his successors were the counsellors of the emperor, and the title belonged to the office and not to the person; whilst at the court of Constantinople it was quite the contrary. The nomenclature of these counts fills a considerable place in the Glossary of Ducange. The comes marcarum, counts of the frontiers, which were formerly called marches (a denomination still in use in the papal states), took subsequently the title of marquis; an innovation which raised long and serious discussions among the learned in feudal right and court etiquette.

Under the first two races of the Frank kings, the counts were, as under the lower empire, officers of various degrees. The count of the palace was the first dignity in the state, after the maire of the palace. He presided in the court royal when the prince was absent, and possessed sovereign jurisdiction. He also exercised a great influence in the nomination of the king's delegates, who, under the title of counts, administered the provinces. A count had the government of a small district, often limited to a town and its dependencies. He was at the same time a judge, a civil administrator, and a military commander. In case of war, he led in person the contingent of his county to the army. The learned Dutillet, in his 'Recueil des Rois de France, de leur Couronne, et Maison,' &c., expatiates on the functions of ancient counts. With the progress of time, the counts, as well as the other officers appointed to govern the provinces, the towns, and the frontiers, succeeded in rendering their places hereditary, and in making themselves sovereign masters of the districts of which they had only been created removeable and revocable administrators. At first they contented themselves with securing the reversion to their sons, then to their collateral heirs, and finally they declared those places hereditary for ever, under Hugh Capet, the son of Robert, count of Paris, who himself only obtained the throne partly in consequence of that concession. It was feudalism that introduced inheritance instead of election as a permanent rule in political successions. The supreme chief of the ancient Franks, koning (Lat. rex), was a magistrate, and as a magistrate he was elected, although always from the same family. The inferior chiefs, heri-zoghe, graven, rakhen-burghe* (Lat. duces, comites, judices), were also elected.

The term "count" is now become in France a mere title, conferring no political importance. In the papal states, as well as in those of

word heer, army, and the verb ziehen, to lead. Grare, graf, gheref, means, in Heri-zoghe, in its proper acceptation, means leader of an army, from the all the Germanic dialects, the authority of a secondary magistrate. Rakhenburghe means notable persons; they are employed as judges and guardians of public order.

remain as in the first example, while the latter, transposed a tenth lower, is adopted as a base, as in Ex. 2; and thus is formed a composition in three parts.

The study of Counterpoint is necessary as part of the education of a good musician, though now much neglected; it has, nevertheless, been sometimes carried to such a length as to become pure pedantry. For the principal rules of Counterpoint, and also for some brief remarks on the question, "whether the art of writing in parts," was understood by the ancients, see HARMONY. COUNTERPOISE is, generally, a mass of brass or iron so disposed as to keep a part of some instrument or machine in equilibrio.

The instruments employed in practical astronomy are generally mounted so that their centres of gravity are supported, in which case they require no counterpoise; but a reflecting circle, for example, when placed in any position except one which is horizontal, has its centre of gravity on one side of the pillar which supports it; and a mass of brass, so connected with the axis of the circle as to be always on the side of the pillar which is opposite the latter, serves the purpose of keeping the instrument steady.

A transit instrument, or a mural circle of considerable magnitude and weight, whose pivots would press heavily on their supports, is sometimes provided with counterpoises, one for each point which is to be relieved; this is applied at one end of a lever which is supported by the pillar or stand of the instrument, the other end being connected, near the pivot, with the axle; and thus the pressure is diminished or wholly removed.

A bridge which is capable of being turned on horizontal joints at one of its extremities [DRAWBRIDGE] usually has its weight relieved, or almost wholly removed, by a counterpoise, so that the machinery employed to raise it has little except the resistance arising from friction to overcome. The counterpoise is at one extremity of a chain, which passes over a pulley at the top of a pillar, and is attached at the other extremity to some part of the bridge.

Now, since a drawbridge, in being raised or lowered, exerts on the suspending chains a strain which increases as the bridge declines more

ARTS AND SCI. DIV. VOL. III,

from a vertical position, it is necessary, in order that this strain may be always in equilibrio with the constant weight serving as a counterpoise, that the latter should move on a surface whose figure is determined consistently with that condition. The rules for the resolution of forces give expressions for the strains to which the two parts of the chain are subject in the directions of their lengths; and, making these equal to one another, there is obtained an equation which may be shown to be that of an epitrochoid; such, consequently, is the figure which should be given to the surface on which the counterpoise is to slide. It should be observed that, in the investigation, the effective weight of the drawbridge is not its absolute weight (acting at the centre of gravity); but is equal to this latter weight diminished in the inverse ratio of the distances of the fulcrum, or joint, from the centre of gravity and from the point at which the chain is attached to the bridge, generally the opposite extremity of the latter.

If the pulley over which the chain passes is close to the elevated extremity of the bridge when the latter is in a vertical position, the length of the chain will, of course, be equal to the diagonal of a square of which the length of the bridge is one side; then, a circle whose centre corresponds to the joint of the drawbridge, and whose radius is the whole length of the chain, being supposed to revolve on the cir cumference of a fixed circle of equal radius; a point supposed to be on the produced radius of the revolving circle, or epicycle, at a distance from its centre equal to the difference between twice the length of the radius, or chain, and the length of the bridge will, by revolving with the epicycle, describe the required curve.

The great telescope of Lord Rosse, at Parsonstown, Ireland, turns upon a joint at its lower extremity; and, being intended to decline from a vertical position both towards the north and the south, it is provided with two counterpoises, in order to facilitate its elevation or depression. One of these weights is on a chain which is attached, at one extremity, to a point near the object end of the telescope, and, at the other, to a fixed point at the top of the wall; this point being so situated that, in elevating the telescope, the weight descends, and describes, by its gravity, a circular are coinciding nearly with the

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