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(count of the private estates) was called κόμης τῶν πριβάτων. The count of the sacred bounties was the lord treasurer or chancellor of the exchequer, for the public treasury and the imperial fisc had come to be identical; while the count of the private estates managed the imperial demesnes and the privy purse. In the 5th century the "sacred bounties" corresponded to the aerarium of the early Empire, while the res privatae represented the fisc. The officers connected with the palace and the emperor's person included the count of the wardrobe (comes sacrae vestis), the count of the residence (comes domorum), and, most important of all, the comes domesticorum et sacri stabuli (graecized as KÓμNS TOû σTÁßλov). The count of the stable, originally the imperial master of the horse, developed into the "illustrious" commander-in-chief of the imperial army (Stilicho, e.g., bore the full title as given above), and became the prototype of the medieval constable (q.v.).

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An important official of the second rank (spectabilis, spectable as contrasted with those of highest rank who were "illustrious ") was the count of the East, who appears to have had the control of a department in which 600 officials were engaged. His power was reduced in the 6th century, when he was deprived of his authority over the Orient diocese, and became civil governor of Syria Prima, retaining his "respectable" rank. Another important officer of the later Roman court was the comes sacri patrimonii, who was instituted by the emperor Anastasius. In this connexion it should be observed that the word patrimonium gradually changed in meaning. In the beginning of the 3rd century patrimonium meant crown property, and res privata meant personal property: at the beginning of the 6th century patrimonium meant personal property, and res privata meant crown property. It is difficult to give briefly a clear idea of the functions of the three important officials comes sacrarum largitionum, comes rei privatae and comes sacri partrimonii; but the terms have been well translated by a German author as Finanzminister des Reichsschatzes (finance minister of the treasury of the Empire), F. des Kronschatzes (of the crown treasury), and F. des kaiserlichen Privatvermögens (of the emperor's private property).

The Frankish kings of the Merovingian dynasty retained the Roman system of administration, and under them the word comes preserved its original meaning; the comes was a companion of the king, a royal servant of high rank. Under the early Frankish kings some comites did not exercise any definite functions; they were merely attached to the king's person and executed his orders. Others filled the highest offices, e.g. the comes palatii and comes stabuli (see CONSTABLE). The kingdom was divided for administrative purposes into small areas called pagi (pays, Ger. Gau), corresponding generally to the Roman civitates (see CITY). At the head of the pagus was the comes, corresponding to the German Graf (Gaugraf, cf. Anglo-Saxon scire-gerefa,2 sheriff). The comes was appointed by the king and removable at his pleasure, and was chosen originally from all classes, sometimes from enfranchised slaves. His essential functions were judicial and executive, and in documents he is often described as the king's agent (agens publicus) or royal judge (judex publicus or fiscalis). As the delegate of the executive power he had the right to military command in the king's name, and to take all the measures necessary for the preservation of the peace, i.e. to exercise the royal" ban " (bannus regis). He was at once public prosecutor and judge, was responsible for the execution of the sentences of the courts, and as the king's representative exercised the royal right of protection (mundium regis) over churches, widows, orphans and the like. He enjoyed a triple wergeld, but had no definite salary, being remunerated by the receipt of certain revenues, a system which contained the germs of discord, on account of the confusion of his public and private 1 The changing language of this epoch speaks of civitates, subsequently of pagi, and later of comitatus (counties). 2 The A.S. gerefa, however, meaning illustrious," chief," has apparently, according to philologists, no connexion with the German Graf, which originally meant servant (cf. "knight," valet,' &c.). It is the more curious that the gerefa should end as a servant ("reeve"), the Graf as a noble (count).

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estates. He also retained a third of the fines which he imposed in his judicial capacity.

Under the early Carolings the title count did not indicate noble birth. A comes was generally raised from childhood in the king's | palace, and rose to be a count through successive stages. The count's office was not yet a dignity, nor hereditary; he was not independent nor appointed for life, but exercised the royal power by delegation, as under the Merovingians. While, however, he was theoretically paid by the king, he seems to have been himself one of the sources of the royal revenue. The counties were, it appears, farmed out; but in the 7th century the royal choice became restricted to the larger landed proprietors, who gradually emancipated themselves from royal control, and in the 8th century the term comitatus begins to denote a geographical area, though there was little difference in its extent under the Merovingian kings and the early Carolings. The count was about to pass into the feudatory stage. Throughout the middle ages, however, the original official and personal connotation of the title was never wholly lost; or perhaps it would be truer to say, with Selden, that it was early revived with the study of the Roman civil law in the 12th century. The unique dignity of count of the Lateran palace,3 bestowed in 1328 by the emperor Louis IV. the Bavarian on Castrucio de' Antelminelli, duke of Lucca, and his heirs male, was official as well as honorary, being charged with the attendance and service to be performed at the palace at the emperor's coronation at Rome (Du Cange, s.v. Comites Palatii Lateranensis; Selden, op. cit. p. 321). This instance, indeed, remained isolated; but the personal title of count palatine," though honorary rather than official, was conferred on officials-especially by the popes on those of the Curia-had no territorial significance, and was to the last reminiscent of those early comites palatii whose relations to the sovereign had been purely personal and official (see PALATINE). A relic of the old official meaning of “ count still survives in Transylvania, where the head of the political administration of the Saxon districts is styled count (comes, Graf) of the Saxon Nation.

2. Feudal Counts.-The process by which the official counts were transformed into feudal vassals almost independent is described in the article FEUDALISM. In the confusion of the period of transition, when the title to possession was usually the power to hold, designations which had once possessed a definite meaning were preserved with no defined association. In France, by the 10th century, the process of decomposition of the old organization had gone far, and in the 11th century titles of nobility were still very loosely applied. That of "count" was, as Luchaire points out, "equivocal" even as late as the 12th century; any castellan of moderate rank could style himself comte who in the next century would have been called seigneur (dominus). Even when, in the 13th century, the ranks of the feudal hierarchy in France came to be more definitely fixed, the style of "count" might imply much, or comparatively little. In the oldest register of Philip Augustus counts are reckoned with dukes in the first of the five orders into which the nobles are divided, but the list includes, besides such almost sovereign rulers as the counts of Flanders and Champagne, immediate vassals of much less importance-such as the counts of Soissons and Dammartin-and even one mediate vassal, the count of Bar-sur-Seine. The title was still in fact "equivocal," and so it remained throughout French history. In the official lists it was early placed second to that of duke (Luchaire, Manuel, p. 181, note 1), but in practice at least the great comtes-pairs (e.g. of Champagne) were the equals of any duke and the superiors of many. Thus, too, in modern times royal princes have been given the title of count (Paris, Flanders, Caserta), the heir of Charles X. actually changing his style, without sense of loss, from that of duc de Bordeaux to that of comte de Chambord. From the 16th

"Count of the Lateran Palace" (Comes Sacri Lateranensis Palatii) was later the title usually bestowed by the popes in creating counts palatine. The emperors, too, continued to make counts palatine under this title long after the Lateran had ceased to be an imperial palace.

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century onwards the equivocal nature of the title in France was increased by the royal practice of selling it, either to viscounts or barons in respect of their fiefs, or to rich roturiers.

In Germany the change from the official to the territorial and hereditary counts followed at the outset much the same course as in France, though the later development of the title and its meaning was different. In the 10th century the counts were permitted by the kings to divide their benefices and rights among their sons, the rule being established that countships (Grafschaften) were hereditary, that they might be held by boys, that they were heritable by females and might even be administered by females. The Grafschaft became thus merely a bundle of rights inherent in the soil; and, the count's office having become his property, the old counties or Gauen rapidly disappeared as administrative units, being either amalgamated or subdivided. By the second half of the 12th century the official character of the count had quite disappeared; he had become a territorial noble, and the foundation had been laid of territorial The first step towards this was the sovereignty (Landeshoheit). concession to the counts of the military prerogatives of dukes, a right enjoyed from the first by the counts of the marches (see MARGRAVE), then given to counts palatine (see PALATINE) and, finally, to other counts, who assumed by reason of it the style of landgrave (Landgraf, i.e. count of a province). At first all counts were reckoned as princes of the Empire (Reichsfürsten); but since the end of the 12th century this rank was restricted to those who were immediate tenants of the crown, the other counts of the Empire (Reichsgrafen) being placed among the free lords (barones, liberi domini). Counts of princely rank (gefürstete | Grafen) voted among the princes in the imperial diet; the others (Reichsgrafen) were grouped in the Grafenbänke-originally two, to which two more were added in the 17th century-each of which had one vote. In 1806, on the formation of the Confederation of the Rhine, the sovereign counts were all mediatized (see MEDIATIZATION). Even before the end of the Empire (1806) the right of bestowing the title of count was freely exercised by the various German territorial sovereigns.

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3. Modern Counts.-Any political significance which the feudal title of count retained in the 18th century vanished with the changes produced by the Revolution. It is now simply a title of honour and one, moreover, the social value of which differs enormously, not only in the different European countries, but In Germany, for instance, within the limits of the same country. there are several categories of counts: (1) the mediatized princely counts (gefürstete Grafen), who are reckoned the equals in blood of the European sovereign houses, an equality symbolized by the "closed crown surmounting their armorial bearings. The high nobility are heads of these countly families of the " entitled (by a decree of the federal diet, 1829) to the style of Erlaucht (illustrious, most honourable); (2) Counts of the Empire (Reichsgrafen), descendants of those counts who, before the end of the Holy Roman Empire (1806), were Reichsständisch, i.e. sat in one of the Grafenbänke in the imperial diet, and entitled to a ducal coronet; (3) Counts (a) descended from the lower nobility of the old Empire, titular since the 15th century, (b) created since; their coronet is nine-pointed (cf. the nine points and strawberry leaves of the English earl). The difficulty of determining in any case the exact significance of the title of a German count, illustrated by the above, is increased by the fact that the title is generally heritable by all male descendants, the only exception being in Prussia, where, since 1840, the rule of primogeniture has prevailed and the bestowal of The result the title is dependent on a rent-roll of £3000 a year. 1 Of these there were four who, as counts of the Empire par (Schlechtgrafen), excellence, were sometimes styled "simple counts i.e. the counts of Cleves, Schwarzburg, Cilli and Savoy; they Three of these had become dukes were entitled to the ducal coronet.

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by the 17th century, but the count (now prince) of Schwarzburg still styled himself "Of the four counts of the Holy Roman Empire, count of Schwarzburg" (see Selden, ed. 1672, p. 312).

This title is borne by certain English families, e.g. by Lord

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In other cases it has been assumed without Arundell of Wardour. due warrant. See J. H. Round, " English Counts of the Empire,' in The Ancestor, vii. 15 (Westminster, October 1903).

is that the title is very widespread and in itself little significant. A German or Austrian count may be a wealthy noble of princely rank, a member of the Prussian or Austrian Upper House, or he may be the penniless cadet of a family of no great rank or antiquity. Nevertheless the title, which has long been very sparingly bestowed, always implies a good social position. The style Altgraf (old count), occasionally found, is of some antiquity. and means that the title of count has been borne by the family from time immemorial.

In medieval France the significance of the title of count varied It is not so common as in with the power of those who bore it; in modern France it varies with its historical associations. Germany or Italy; because it does not by custom pass to all male descendants. The title was, however, cheapened by its revival under Napoleon. By the decree of the 1st of March 1808, of reviving titles of nobility, that of count was assigned ex officio to ministers, senators and life councillors of state, to the president the Corps Législatif and to archbishops. The title was made heritable in order of primogeniture, and in the case of archbishops through their nephews. These Napoleonic countships, increased under subsequent reigns, have produced a plentiful crop of titles of little social significance, and have tended to lower the status of the counts deriving from the ancien régime. The title of marquis, which Napoleon did not revive, has risen proportionately in the estimation of the Faubourg St Germain. As for that of count, it is safe to say that in France its social value is solely dependent on its historical associations.

As for the

Of all European countries Italy has been most prolific of counts. Every petty Italian prince, from the pope downwards, created them for love or money; and, in the absence of any regulating authority, the title was also widely and loosely assumed, while often the feudal title passed with the sale of the estate to which it was attached. Casanova remarked that in some Italian cities all the nobles were baroni, in others all were conti. An Italian conte may or may not be a gentleman; he has long ceased, As in France, however, qua count, to have any social prestige, and his rank is not recognized by the Italian government. there are some Italian conti whose titles are respectable, and even illustrious, from their historic associations. The prestige belongs, however, not to the title but to the name. papal countships, which are still freely bestowed on those of all nations whom the Holy See wishes to reward, their prestige naturally varies with the religious complexion of the country in They are esteemed by the faithful, but which the titles are borne. have small significance for those outside. In Spain, on the other hand, the title of conde, the earlier history of which follows much the same development as in France, is still of much social value, mainly owing to the fact that the rule of primogeniture exists, and that, a large fee being payable to the state on succession to a title, it is necessarily associated with some degree of wealth. The Spanish counts of old creation, some of whom are grandees and members of the Upper House, naturally take the highest The title, like others in Spain, can rank; but the title, still bestowed for eminent public services or other reasons, is of value. pass through an heiress to her husband. In Russia the title of count (graf, fem. grafinya), a foreign importation, has little social prestige attached to it, being given to officials of a certain rank. In the British empire the only recognized counts are those of Malta, who are given precedence with baronets of the United Kingdom.

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See Selden, Titles of Honor (London, 1672); Du Cange, Glos"Comes"; La Grande Comte "; A. Luchaire, Manuel des institutions Encyclopédie, s.v. sarium Med. Lat. (ed. Niort, 1883) s.v. françaises (Paris, 1892); P. Guilhiermoz, Essai sur l'origine de la noblesse en France au moyen âge (Paris, 1902); Brunner, Deutsche Rechtsgeschichte, Band ii. (Leipzig, 1892).

COUNTER. (1) (Through the O. Fr. conteoir, modern comptoir, from Lat. computare, to reckon), a round piece of metal, wood or other material used anciently in making calculations, and now for reckoning points in games of cards, &c., or as tokens representing

actual coins or sums of money in gambling games such as roulette. The word is thus used, figuratively, of something of no real value, a means of counting money, a sham. In the original sense of "

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or keeping accounts," counter" is used of the table or flat- | either or both melodies (with or without transposition of the topped barrier in a bank, merchant's office or shop, on which whole combination to another key), the artistic value of the money is counted and goods handed to a customer. The term device is simply that of the raising of the lower melody to the was also applied, usually in the form "compter," to the debtors' surface. The harmonic scheme remains the same, except in so far prisons attached to the mayor's or sheriff's courts in London and as some of the chords are not in their fundamental position, while some other boroughs in England. The "compters" of the others, not originally fundamental, have become so. But double sheriff's courts of the city of London were, at various times, in counterpoint may be in other intervals than the octave; that is the Poultry, Bread St., Wood St. and Giltspur St.; the Giltspur to say, while one of the parts remains stationary, the other may St. compter was the last to be closed, in 1854. (2) (From Lat. be transposed above or below it by some interval other than an contra, opposite, against), a circular parry in fencing, and in octave, thus producing an entirely different set of harmonies. boxing, a blow given as a parry to a lead of an opponent. The word is also used of the stiff piece of leather at the back of a boot or shoe, of the rounded angle at the stern of a ship, and, in a horse, of the part lying between the shoulder and the under part of the neck. In composition, counter is used to express contrary action, as in " countermand," "counterfeit," &c.

COUNTERFEITING (from Lat. contra-facere, to make in opposition or contrast), making an imitation without authority and for the purpose of defrauding. The word is more particularly used in connexion with the making of imitations of money, whether paper or coin. (See COINAGE OFFENCES; FORGERY.) COUNTERFORT (Fr. contrefort), in architecture, a buttress or pier built up against the wall of a building or terrace to strengthen it, or to resist the thrust of an arch or other constructional feature inside.

COUNTERPOINT (Lat. contrapunctus, “ point counter point," "note against note "), in music, the art happily defined by Sir Frederick Gore Ouseley as that " of combining " melodies: this should imply that good counterpoint is the production of beautiful harmony by a combination of well-characterized melodies. The individual audibility of the melodies is a matter of which current criticism enormously overrates the importance. What is always important is the peculiar life breathed into harmony by contrapuntal organization. Both historically and aesthetically "counterpoint " and " harmony" are inextricably blended; for nearly every harmonic fact is in its origin a phenomenon of counterpoint. And if in later musical developments it becomes possible to treat chords as, so to speak, harmonic lumps with a meaning independent of counterpoint, this does not mean that they have really changed their nature; but it shows a difference between modern and earlier music precisely similar to that between modern English, in which metaphorical and abstract expressions are so constantly used that they have become a mere shorthand for the literal and concrete expression, and classical Greek, where metaphors and abstractions can appear only as elaborate similes or explicit philosophical ideas. The laws of counterpoint are, then, laws of harmony with the addition of such laws of melody as are not already produced by the interaction of harmonic and melodic principles. In so far as the laws of counterpoint are derived from purely harmonic principles, that is to say, derived from the properties of concord and discord, their origin and development are discussed in the article HARMONY. In so far as they depend entirely on melody they are too minute and changeable to admit of general discussion; and in so far as they show the interaction of melodic and harmonic principles it is more convenient to discuss them under the head of harmony, because they appear in such momentary phenomena as are more easily regarded as successions of chords than as principles of design. All that remains, then, for the present article is the explanation of certain technical terms.

1. Canto Fermo (i.e. plain chant) is a melody in long notes given to one voice while others accompany it with quicker counterpoints (the term " counterpoint" in this connexion meaning accompanying melodies). In the simplest cases the Canto Fermo has notes of equal length and is unbroken in flow. | When it is broken up and its rhythm diversified, the gradations between counterpoint on a Canto Fermo and ordinary forms of polyphony, or indeed any kind of melody with an elaborate accompaniment, are infinite and insensible.

2. Double Counter point is a combination of melodies so designed that either can be taken above or below the other. When this change of position is effected by merely altering the octave of

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Double Counterpoint in the 12th has thus been made a powerful means of expression and variety. The artistic value of this device depends not only on the beauty and novelty of the second scheme of harmony obtained, but also on the change of melodic expression produced by transferring one of the melodies to another position in the scale. Two of the most striking illustrations of this effect are to be found in the last chorus of Brahms's Triumphlied and in the fourth of his variations on a theme by Haydn.

Double Counterpoint in the 10th has, in addition to this, the property that the inverted melody can be given in the new and in the original positions simultaneously.

Double counterpoint in other intervals than the octave, 10th and 12th, is rare, but the general principle and motives for it remain the same under all conditions. The two subjects of the Confiteor in Bach's B minor Mass are in double counterpoint in the octave, 11th and 13th. And Beethoven's Mass in D is full of pieces of double counterpoint in the inversions of which a few notes are displaced so as to produce momentary double counterpoint in unusual intervals, obviously with the intention of varying the harmony. Technical treatises are silent as to this purpose, and leave the student in the belief that the classical composers used these devices, if at all, in a manner as meaningless as the examples in the treatises.

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3. Triple, Quadruple and Multiple Counterpoint.-When more than two melodies are designed so as to combine in interchangeable positions, it becomes increasingly difficult to avoid chords and progressions of which some inversions are incorrect. In triple counterpoint this difficulty is not so great; although a complete triad is dangerous, as it is apt to invert as a $ which requires careful handling. On the other hand, in triple counterpoint the necessity for strictness is at its greatest, because there are only six possible inversions, and in a long polyphonic work most of these will be required. Moreover, the artistic value of the device is at its highest in three-part polyphonic harmony, which, whether invertible or not, is always a fine test of artistic economy, while the inversions are as evident to the ear, especially where the top part is concerned, as those in double counterpoint. Triple counterpoint (and a fortiori multiple counterpoint) is normally possible only at the octave; for it will be found that if three parts are designed to invert in some other interval this will involve two of them inverting in a third interval which will give rise to incalculable difficulty. This makes the fourth of Brahms's variations on a theme of Haydn almost miraculous. The plaintive expression of the whole variation is largely due to the fact that the flowing semiquaver counterpoint below the main theme is on each repeat inverted in the 12th, with the result that its chief emphasis falls upon the most plaintive parts of the scale. But in the first eight bars of the second part of the variation a third contrapuntal voice appears, and this too is afterwards inverted in the 12th, with perfectly natural and smooth effect. But this involves the inversion of two of the counterpoints with each other in the 9th, a kind of double counterpoint which is almost impossible. The case is unique, but it admirably illustrates the difference between artistic and merely academic mastery of technical resource.

Quadruple Counterpoint is not rare with Bach. It would be more difficult than triple, but for the fact that of its twenty-four possible inversions not more than four or five need be correct. Quintuple counterpoint is admirably illustrated in the finale of Mozart's Jupiter Symphony, in which everything in the successive statement and gradual development of the five themes conspires

to give the utmost effect to their combination in the coda. Of counties, which have served in a greater or less degree as the course Mozart has not room for more than five of the 120 possible model for the county organizations in the various countries of the combinations, and from these he selects such as bring fresh | English-speaking world which are described under their proper themes into the outside parts, which are the most clearly audible. | headings. Sextuple Counterpoint may be found in Bach's great double chorus, Nun ist das Heil, and in the finale of his concerto for three claviers in C, and probably in other places.

4. Added Thirds and Sixths.-An easy and effective imitation of triple and quadruple counterpoint, embodying much of the artistic value of inversion, is found in the numerous combinations of themes in thirds and sixths which arise from an extension of the principle which we mentioned in connexion with double counterpoint in the 10th, namely, the possibility of performing it in its original and inverted positions simultaneously. The Pleni sunt coeli of Bach's B minor Mass is written in this kind of transformation of double into quadruple counterpoint; and the artistic value of the device is perhaps never so magnificently realized as in the place, at bar 84, where the trumpet doubles the bass three octaves and a third above while the alto and second tenor have the counter subjects in close thirds in the middle.

Almost all other contrapuntal devices are derived from the principle of the canon and are discussed in the article CONTRAPUNTAL FORMS.

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About one-third of the English counties represent ancient kingdoms, sub-kingdoms or tribal divisions, such as Kent, Sussex, Norfolk, Devon; but most of the remaining counties take their names from some important town within their respective boundaries. The counties to the south of the Thames (except Cornwall) already existed in the time of Alfred, but those of the midlands seem to have been created during the reign of Edward the Elder (901-925) and to have been artificially bounded areas lying around some stronghold which became a centre of civil and military administration. There is reason, however, for thinking that the counties of Bedford, Cambridge, Huntingdon and Northampton are of Danish origin. Northumberland, Cumberland and Westmorland were not recognized as English counties until some time after the Norman Conquest, the last two definitely appearing as fiscal areas in 1177. The origin of Rutland as a county is obscure, but it had its own sheriff in 1154.

In the period preceding the Norman Conquest two officers appear at the head of the county organization. These are the As a training in musical grammar and style, the rhythms of ealdorman or earl, and the scirgerefa or sheriff. The shires of 16th-century polyphony were early codified into "the five Wessex appear each to have had an ealdorman, whose duties species of counterpoint" (with various other species now for- were to command its military forces, to preside over the county gotten) and practised by students of composition. The classical assembly (scirgemot), to carry out the laws and to execute treatise on which Haydn and Beethoven were trained was Fux's justice. The name ealdorman gave way to that of earl, probably Gradus ad Parnassum (1725). This was superseded in the 19th under Danish influence, in the first half of the 11th century, and century by Cherubini's, the first of a long series of attempts to it is probable that the office of sheriff came into existence in the bring up to date as a dead language what should be studied in its reign of Canute (1017-1035), when the great earldoms were original and living form. (D. F. T.) formed and it was no longer possible for the earl to perform his COUNTERSCARP (=" opposite scarp," Fr. contrescarpe), a various administrative duties in person in a group of counties. term used in fortification for the outer slope of a ditch; see After the Norman Conquest the earl was occasionally appointed FORTIFICATION AND SIEGECRAFT. sheriff of his county, but in general his only official connexion COUNTERSIGN, a military term for a sign, word or signal pre- with it was to receive the third penny of its pleas, and the viously arranged and required to be given by persons approach-earldom ceased to be an office and became merely a title. In the ing a sentry, guard or other post. In some armies the "counter- | 12th century the office of coroner was created, two or more of sign " is strictly the reply of the sentry to the pass-word given by the person approaching.

COUNTRY (from the Mid. Eng. contre or contrie, and O. Fr. cuntrée; Late Lat. contrata, showing the derivation from contra, opposite, over against, thus the tract of land which fronts the sight, cf. Ger. Gegend, neighbourhood), an extent of land without definite limits, or such a region with some peculiar character, as the "black country," the "fen country " and the like. The extension from such descriptive limitation to the limitation of occupation by particular owners or races is easy; this gives the common use of the word for the land inhabited by a particular nation or race. Another meaning is that part of the land not occupied by towns, "rural" as opposed to "urban" districts; this appears too in country-house and country town"; countryman" is used both for a rustic and for the native of a particular land. The word appears in many phrases, in the sense of the whole population of a country, and especially of the general body of electors, as in the expression "go to the country," for the dissolution of parliament preparatory to a general election.

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COUNTY (through Norm. Fr. counté, cf. O. Fr. cunté, conté, Mod. Fr.comté, from Lat. comitatus, cf. Ital. comitato, Prov. comtat; see COUNT), in its most usual sense the name given to certain important administrative divisions in the United Kingdom, the British dominions beyond the seas, and the United States of America. The word was first introduced after the Norman Conquest as the equivalent of the old English "shire," which has survived as its synonym, though occasionally also applied to divisions smaller than counties, e.g. Norhamshire, Hexhamshire and Hallamshire. The word "county" is also sometimes used, alternatively with "countship," to translate foreign words, e.g. the French comté and the German Grafschaft, which connote the territorial jurisdiction of a count (q.v.). The present article is confined to a sketch of the origin and development of English

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them being chosen in the county court as vacancies occurred. In the same century verderers were first chosen in the same manner for the purpose of holding inquisitions on vert and venison in those counties which contained royal forests. It was the business of the sheriff (vicecomes) as the king's representative to serve and return all writs, to levy distresses on the king's behalf, to execute all royal precepts and to collect the king's revenue. In this work he was assisted by a large staff of clerks and bailiffs who were directly responsible to him and not to the king. The sheriff also commanded the armed forces of the crown within his county, and either in person or by deputy presided over the county court which was now held monthly in most counties. In 1300 it was enacted that the sheriffs might be chosen by the county, except in Worcestershire, Cornwall, Rutland, Westmorland and Lancashire, where there were then sheriffs in fee, that is, sheriffs who held their offices hereditarily by royal grant. The elective arrangement was of no long duration, and it was finally decided in 1340 that the sheriffs should be appointed by the chancellor, the treasurer and the chief baron of the exchequer, but should hold office for one year only. The county was from an early period regarded as a community, and approached the king as a corporate body, while in later times petitions were presented through the knights of the shire. It was also an organic whole for the purpose of the conservation of the peace. The assessment of taxation by commissioners appointed by the county court developed in the 13th century into the representation of the county by two knights of the shire elected by the county court to serve in parliament, and this representation continued unaltered save for a short period during the Protectorate, until 1832, when many of the counties received a much larger representation, which was still further increased by later acts.

The royal control over the county was strengthened from the 14th century onward by the appointment of justices of the peace.

This system was further developed under the Tudors, while in the | courts, and in the year 1888 an act was passed repealing the middle of the 16th century the military functions of the sheriff were handed over to a new officer, the lord-lieutenant, who is now more prominently associated with the headship of the county than is the sheriff. The lord-lieutenant now usually holds the older office of custos rotulorum, or keeper of the records of the county. The justices of the peace are appointed upon his nomination, and until lately he appointed the clerk of the peace. The latter appointment is now made by the joint committee of quarter sessions and county council.

The Tudor system of local government received little alteration until the establishment of county councils by the Local Government Act of 1888 handed over to an elected body many of the functions previously exercised by the nominated justices of the peace. For the purposes of this act the ridings of Yorkshire, the divisions of Lincolnshire, east and west Sussex, east and west Suffolk, the soke of Peterborough and the Isle of Ely are regarded as counties, so that there are now sixty administrative counties of England and Wales. Between 1373 and 1692 the crown granted to certain cities and boroughs the privilege of being counties of themselves. There were in 1835 eighteen of these counties corporate, Bristol, Chester, Coventry, Gloucester, Lincoln, Norwich, Nottingham, York and Carmarthen, each of which had two sheriffs, and Canterbury, Exeter, Hull, Lichfield, Newcastle-upon-Tyne, Poole, Southampton, Worcester and Haverfordwest, each of which had one sheriff. All these boroughs, with the exception of Carmarthen, Lichfield, Poole and Haverfordwest, which remain counties of themselves, and fortyseven others, were created county boroughs by the Local Government Act 1888, and are entirely dissociated from the control of a county council. The City of London is also a county of itself, whose two sheriffs are also sheriffs of Middlesex, while for the purposes of the act of 1888 the house-covered district which extends for many miles round the City constitutes a county.

The county has always been the unit for the organization of the militia, and from about 1782 certain regiments of the regular army were associated with particular counties by territorial titles. The army scheme of 1907-1908 provided for the formation of county associations under the presidency of the lordslieutenant for the organization of the new territorial army.

See Statutes of the Realm; W. Stubbs, Constitutional History of England (1874-1878); F. W. Maitland, Domesday Book and Beyond (1897); Sir F. Pollock and F. W. Maitland, History of English Law (1895); H. M. Chadwick, Studies on Anglo-Saxon Institutions (1905), and The Victoria History of the Counties of England. (G. J. T.)

COUNTY COURT, in England, a local court of civil jurisdiction. The county court, it has been said, is at once the most ancient and the most modern of English civil tribunals. The Saxon Curia Comitatus, maintained after the Norman Conquest, was a local court and a small debts court. It was instituted by Alfred the Great, its jurisdiction embracing civil, and, until the reign of William I., ecclesiastical matters. The officers of the court consisted of the earldorman, the bishop and the sheriff. The court was held once in every four weeks, being presided over by the earl, or, in his absence, the sheriff. The suitors of the court, i.e. the freeholders, were the judges, the sheriff being simply a presiding officer, pronouncing and afterwards executing the judgment of the court. The court was not one of record. The appointment of judges of assize in the reign of Henry II., as well as the expensive and dilatory procedure of the court, brought about its gradual disuse, and other local courts, termed courts of request or of conscience, were established. These, in turn, proved unsatisfactory, owing both to the limited nature of their jurisdiction (restricted to causes of debt not exceeding 40s. in value, and to the fact that they were confined to particular places. Accordingly, with the view of making justice cheaper and more accessible the County Courts Act 1846 was passed. This act had the modest title of " An Act for the Recovery of Small Debts and Demands in England." The original limit of the jurisdiction of the new courts was £20, extended in 1850 to £50 in actions of debt, and in 1903 (by an act which came into force in 1905) to £100. Thirteen amending acts were passed, by which new jurisdiction was from time to time conferred on the county

previous acts and consolidating their provisions, with some amendment. This is now the code or charter of the county courts. The grain of mustard-seed sown in 1846 has grown into a goodly tree, with branches extending over the whole of England and Wales; and they embrace within their ambit a more multifarious jurisdiction than is possessed by any other courts in the kingdom. England and Wales were mapped out into 59 circuits (not including the city of London), with power for the crown, by order in council, to abolish any circuit and rearrange the areas comprised in the circuits (sec. 4). There is one judge to each circuit, but the lord chancellor is empowered to appoint two judges in a circuit, provided that the total number of judges does not exceed 60. The salary of a county court judge was originally fixed at £1200, but he now receives £1500. He must at the time of his appointment be a barrister-at-law of at least seven years' standing, and not more than sixty years of age; after appointment he cannot sit as a member of parliament or practise at the bar.

Every circuit (except in Birmingham, Clerkenwell, and Westminster) is divided into districts, in each of which there is a court, with a registrar and bailiffs. The judges are directed to attend and hold a court in each district at least once in every month, unless the lord chancellor shall otherwise direct (secs. 10, 11). But in practice the judge sits several times a month in the large centres of population, and less frequently than once a month in the court town of sparsely inhabited districts. By sec. 185 of the act of 1888 the judges and officers of the city of London court have the like jurisdiction, powers, and authority as those of a county court, and the county court rules apply to that court. The ordinary jurisdiction of the county courts may be thus tabulated:—

Subject matter. Common-law actions, with written consent of both parties Actions founded on contract (except for breach of promise of marriage, in which the county courts have no jurisdiction) Actions founded on tort (except libel, slander, and seduction, in which the county courts have no jurisdiction)

Counter claims (unless plaintiff gives written
notice of objection)

Ejectment or questions of title to reality
Equity jurisdiction
Probate jurisdiction

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Admiralty jurisdiction
Bankruptcy jurisdiction
Replevin

Interpleader transferred from High Court
Actions in contract transferred from High
Court

Actions in tort transferred from High Court. Companies (winding up), when the paid-up

capital does not exceed.

Pecuniary limit of jurisdiction.

Unlimited.

£100.

£100.

Unlimited. £100 annual value.

£500.

£200 personalty and £300 realty. £300.

Unlimited.

Unlimited.

£500.

£100. Unlimited.

£10,000.

There is no discoverable principle upon which these limits of the jurisdiction of the county courts have been determined. But the above table is not by any means an exhaustive statement of the jurisdiction of the county courts. For many years it has been the practice of parliament to throw on the county court judges the duty of acting as judges or arbitrators for the purpose of new legislation relating to social subjects. It is impossible to classify the many statutes which have been passed since 1846 and which confer some jurisdiction, apart from that under the County Courts Act, on county courts or their judges. Some of these acts impose exceptional duties on the judges of the county courts, others confer unlimited jurisdiction concurrently with the High Court or some other court, others, again, confer limited or, sometimes, exclusive jurisdiction. A list of all the acts will be found in the Annual County Courts Practice. A county court judge may determine all matters of fact as well as law, but a jury may be summoned at the option of either plaintiff or defendant when the amount in dispute exceeds £5, and in actions under £5 the judge may in his discretion, on application of either of the parties, order that the action be tried by jury. The number of

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