- ' i THE ENCYCLOPEDIA BRITANNICA ELEVENTH EDITION FIRST edition, published in three volumes, 1768—1771. SECOND ten 1777—1784. THIRD eighteen 1788—1797. FOURTH twenty 1801 — 1810. FIFTH twenty 1815—1817. SIXTH twenty 1823—1824. SEVENTH twenty-one 1830—1842. EIGHTH twenty-two 1853—1860. NINTH twenty-five 1875—1889. TENTH ninth edition and eleven supplementary volumes, 1902 — 1903. ELEVENTH ,, published in twenty-nine volumes, 1910 — 1911. COPYRIGHT in all countries subscribing to the Bern Convention by THE CHANCELLOR, MASTERS AND SCHOLARS of the UNIVERSITY OF CAMBRIDGE All rights reserved THE ENCYCLOPEDIA BRITANNICA DICTIONARY f OF ARTS, SCIENCES, LITERATURE AND GENERAL INFORMATION ELEVENTH EDITION VOLUME VII CONSTANTINE PAVLOVICH to DEMIDOV Cambridge, England: at the University Press New York, 35 West 32nd Street 1910 N/R Copyright, in the United States of America, 1910, by The Encyclopaedia Britannica Company, INITIALS USED IN VOLUME VII. TO IDENTIFY INDIVIDUAL CONTRIBUTORS,1 WITH THE HEADINGS OF THE ARTICLES IN THIS VOLUME SO SIGNED. A. B. F. Y. ALEXANDER BELL FILSON YOUNG. f Formerly Editor of the Outlook. Author of Christopher Columbus; Master-singers;-] Dance (in part). The Complete Motorist; Wagner Stories; &c. A. Bo.* AUGUSTE BOUDINHON, D.D., D.C.L. Cmi-ia n«n Professor of Canon Law in the Catholic University of Paris. Honorary Canon of 4 ™T Inana' Paris. Editor of the Canoniste contemporain. I Decretals. A. Ca. ARTHUR CAYLEY, LL.D., F.R.S. f r,,_ ,0 ,. See the biographical article : CAYLEY, ARTHUR. \ uur A. E. B. REV. ANDREW EWBANK BURN, M.A., D.D. f" Vicar of Halifax and Prebendary of Lichfield. Author of An Introduction to the -I Creeds. Creeds and the Te Deum ; Niceta of Remesiana ; &c. A. E. J. ARTHUR ERNEST JOLLIFFE, M.A. f Fellow of, and Tutor and Mathematical Lecturer at, Corpus Christ! College, Oxford. -! Continued Fractions. Senior Mathematical Scholar, 1892. A. F. P. ALBERT FREDERICK POLLARD, M.A., F.R.HiST.Soc. fCoverdale- Cox Richard- Fellow of All Souls' College, Oxford. Professor of English History in the University I r_,_j_ T_U_. rUnm of London. Assistant Editor of the Dictionary of National Biography, 1893-1901.1 oralg> J01 Author of England under the Protector Somerset; Life of Thomas Cranmer; &c. ' I Cromwell, Thomas; Crowley. A. G. MAJOR ARTHUR GEORGE FREDERICK GRIFFITHS (d. 1908). f Crime1 H.M. Inspector of Prisons, 1878-1896. Author of The Chronicles of Newgale; -{ ,,_. .' , Secrets of the Prison House ; &c. \ Criminology. A. Go.* REV. ALEXANDER GORDON, M.A. f Coornhert. Lecturer on Church History in the University of Manchester. \ A. H. J. G. ABEL HENDY JONES GREENIDGE, M.A., D.Lirr. (Oxon.) (d. 1905). Formerly Fellow and Lecturer of Hertford College, Oxford, and of St John's College, Oxford. Author of Infamia in Roman Law; Handbook of Greek Constitutional •< Consul: Roman. History; Roman Public Life; History of Rome. Joint-author of Sources of Roman History, 133-70 B.C. A. H. P. 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- 4 Deaf and Dumb. went of the Orally and Manually taught Deaf; The Pure Oral Method of necessity a Comparative Failure; &c. A. J. B. ALFRED JOSHUA BUTLER, M.A., D.LITT. f 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; &c. A. J. B.* ARTHUR JOHN BUTLER, M.A. (1844-1910). Formerly Fellow of Trinity College, Cambridge, and Professor of Italian Language J rjante and Literature, University College, London. Author of a prose translation of | Dante's Divine Comedy; Dante and his Times; &c. I A. J. E. ARTHUR JOHN EVANS, M.A., D.LITT., LL.D.. F.R.S., F.S.A. f Fellow of Brasenose College, Oxford. Keeper of Ashmolean Museum, Oxford, 1884- I Crete: Archaeology and 1908. Hon. Keeper since 1908. Made archaeological discoveries in Crete, 1893 ;^ Anrimt TJi^tnrv excavated the Palace of Knpssos. Author of Through Bosnia on Foot; Cretan Pictographs and Prae- Phoenician Script ; and other works on archaeology. A. L. ANDREW LANG. f crvstal-Gazine See the biographical article : LANG, ANDREW. \ CrySI A. Mw. ALLEN MAWER, M.A. (" Professor of English Language and Literature, Armstrong College, Newcastle-on- J Tjanelazh Tyne. Fellow of Gonville and Caius College, Cambridge. Formerly Lecturer in 1 English at the University of Sheffield. L 1 A complete list, showing all individual contributors, with the articles so signed, appears in the final volume. V 1976 vi INITIALS AND HEADINGS OF ARTICLES A. M. C. AGNES MARY CLERKE. /Copernicus; Delambre; See_the biographical article: CLERKE, A. M. I Delisle, J. N. A. M. Cl. AGNES MURIEL CLAY (MRS WILDE). f Curia- Decemviri- Formerly Resident Tutor of Lady Margaret Hall, Oxford. Joint-author of Sources 4 ^""°>. " of Roman History, 133-70 B.C. I "eeuno. f Coot; Cormorant; A. N. ALFRED NEWTON, F.R.S. Crane; Crossbill; See the biographical article: NEWTON, ALFRED. [ Crow; Cuck()o; A. N. M. A. N.* REV. ALEXANDER NAIBNE, M.A. Professor of Hebrew and Old Testament Exegesis in King's College, London. Examining Chaplain to the Bishop of St Albans. Fellow of King's College, London, -j Creatianism and Traducianism. Formerly Fellow of Jesus College, Cambridge. Crosse Scholar, 1886. Author of The Bible Doctrine of Atonement; &c. A. N. MONKHOUSE. f rnttnrt / • ...,,,-, Member of Editorial Staff of Manchester Guardian. \ w A. van M. ALEXANDER VAN MILLINGEN, M.A., D.D. Professor of History, Robert College, Constantinople. Author of Byzantine Con- -s Constantinople. stantinople; Constantinople; &c. A. W. H.* ARTHUR WILLIAM HOLLAND. f rilpia p.,,:,. Formerly Scholar of St John's College, Oxford. Bacon Scholar of Gray's Inn, 1900. \ w A. Wi. ANEURIN WILLIAMS, M.A., M.P. Barrister-at-Law of the Inner Temple. Chairman of Executive, International Co- J Co-operation. operative Alliance. M.P. for Plymouth, 1910. Author of Twenty-eight Years 1 of Co-partnership at Guise; &c. A. W. R. ALEXANDER WOOD RENTON, M.A., L.L.B. J Corporal Punishment; Puisne Judge of the Supreme Court of Ceylon. Editor of Encyclopaedia of the Laws l Covenant of England. A. W. W. ADOLPHUS WILLIAM WARD, LITT.D., LL.D. J Cumberland, Richard: See the biographical article: WARD, A. W. I Dramatist. C. E.* CHARLES EVERITT, M.A., F.C.S., F.R.G.S., F.R.A.S. I" constellation, Sometime Scholar of Magdalen College, Oxford. \ C. E. N. CHARLES ELIOT NORTON, LL.D. / rnrti« r.pnr J-'CUCIII U.. CO CfciiU UCUCllliLUO Barnster-at-Law, Joint-editor of Journal of Comparative Legislation. Author of -f c* v Debentures and Debenture Stock; &c. I ICK> Ed. M. EDUARD MEYER, D.LITT. (Oxon.), LL.D., PH.D. fctesiphon- Cvaxares- Professor of Ancient History in the University of Berlin. Author of Geschichte des J r ' . _. ' . J Alterthums; Forschungen zur alien Geschichte; Geschichte des alien Agyptens; Die] uyru ' uarius. "^ Israeliten und ihreNachbarstamme; &c. [Demetrius of Bactria. E. M. W. REV. EDWARD MEWBURN WALKER, M.A. f rnnstitutinn nf Athpns T-I ii r^ • <-r< i T *i • f r\ ' /"""ii f\ f j i VU113HH1UUU Ul rrlllcllD. Fellow, Senior Tutor and Librarian of Queen s College, Oxford. ^ E. Pr. EDGAR PRESTAGE. f Special Lecturer in Portuguese Literature in the University of Manchester. Com- J Corte-Real, Jeronymo; mendador, Portuguese Order of S. Thiago. Corresponding Member of Lisbon Royal 1 CtUZ 0 Silva. Academy of Sciences and Lisbon Geographical Society, &c. L E. R. B. EDWYN ROBERT BEVAN, M.A. (" Formerly Scholar of New College, Oxford. Author of House of Seleucus ; Jerusalem •( Demetrius of Macedonia. under the High Priests. I E. Tn. REV. ETHELRED LEONARD TAUNTON (d.ioo;). f Author of The English Black Monks of St Benedict; History of the Jesuits in England. \ t'uuen» **U1; OUTC1. E. V. REV. EDMUND VENABLES, M.A., D.D. (1819-1895). f Canon and Precentor of Lincoln. Author of Episcopal Palaces of England. \ F. E. W. REV. FREDERICK EDWARD WARREN, M.A., B.D., F.S.A. f Rector of Bardwell, Bury St Edmunds. Fellow of St John's, College, Oxford, 1865- 1882. Author of The Old Catholic Ritual done into English and compared with thei Dedication. Corresponding Offices in the Roman and Old German Manuals; The Liturgy and Ritual of the Celtic Church; &c. F. G. M. B. FREDERICK GEORGE MEESON BECK, M.A. / Fellow and Lecturer in Classics, Clare College, Cambridge. "\ F, Lu. FRIEDRICH LUCKWALDT, PH.D. I" Professor of History at the Royal Technical High School, Danzig. Author of •< Dahlmann. Osterreich und die Anfdnge des Befreiungskriege von 1813; &c. F. LI. G. FRANCIS LLEWELLYN GRIFFITH, M.A., PH.D., F.S.A. Reader in Egyptology, Oxford University. Formerly Scholar of Queen's College, J p--*- (• + t\ Oxford. Editor of the Archaeological Survey and Archaeological Reports of the] ^°P» V*« par/,). Egypt Exploration Fund. Fellow of Imperial German Archaeological Institute. L F. Po. SIR FREDERICK POLLOCK, BART., LL.D., D.C.L. See the biographical article: POLLOCK: Family. F. S. P. FRANCIS SAMUEL PHILBRICK, A.M., B.Sc. (" Formerly Scholar and Resident Fellow of Harvard University. Member of American \ Cuba. Historical Association. viii INITIALS AND HEADINGS OF ARTICLES F. T. M. SIR FRANK THOMAS MARZIALS, K.C.B. /Daudet Formerly Accountant-General of the Army. Editor of " Great Writers " Series. \ F. W. Ha. FREDERICK WILLIAM HASLUCK, M.A. J . Assistant Director, British School of Archaeology, Athens. Fellow of King's | CyziCUS. College, Cambridge. Browne's Medallist, 1901. F. W. R.* FREDERICK WILLIAM RUDLER, I.S.O., F.G.S. /Corundum; Cryolite; Curator and Librarian at the Museum of Practical Geology, London, 1879-1902.1 noirmntniH* President of the Geologists' Association, 1887-1889. G. A. B. GEORGE A. BOULENGER, F.R.S. (~ In charge of the Collections of Reptiles and Fishes, Department of Zoology, British J Cyprinodonts. Museum. Vice-President of the Zoological Society of London. (. G. C. B. GILBERT CHARLES BOURNE, M.A., D.Sc., F.R.S. r Linacre Professor of Comparative Anatomy, Oxford. Fellow of Merton College, I pnrai r.pf- Oxford. Author of An Introduction to the Study of Comparative Anatomy of\ Animals; &c. G. C. C. G. C. CHUBB. | Cytology. G. C. W. GEORGE CHARLES WILLIAMSON, Lirr.D. r cooper Alexander- Chevalier of the Legion of Honour. Author of Portrait Miniatures; Life of Richard I _ Cosway, R.A.; George Engleheart; Portrait Drawings; &c. Editor of new edition] Cooper, bamuel; of Bryan's Dictionary of Painters and Engravers. [ Cosway, Richard. G. F. Z. G. F. ZIMMER, A.M.lNST.C.E., F.Z.S. /_ Author of Mechanical Handling of Material. \ Conveyors. G. H. Fo. GEORGE HERBERT FOWLER, F.Z.S., F.L.S., PH.D. [ Formerly Berkeley Fellow of Owens College, Manchester, and Assistant Professor < Ctenophora. of Zoology at University College, London. G. J. T. GEORGE JAMES TURNER. f Barrister-at-Law, Lincoln's Inn. Editor of Select Pleas of the Forest for the Selden 1 County. Society. I G. P. R. GERALD PHILIP ROBINSON. J President of the Society of Mezzotint Engravers. Mezzotint Engraver to Queen ~1 Cousins, Samuel. Victoria and to King Edward VII. I G. Sa. GEORGE SAINTSBURY, L.L.D., LiTT.D. / Corneille, Pierre; See the biographical article: SAINTSBURY, G. E. B. LCorneille, Thomas. G. Sn. GRANT SHOWERMAN, A.M., PH.D. f Corybantes; Professor of Latin at the University of Wisconsin. Member of the Archaeological J Crioboliuin' Institute of America. Member of American Philological Association. Author of 1 r.,_ . r,',i,,,i, With the Professor; The Great Mother of the Gods; &c. I Lure 'es' LyDele- G. W. T. REV. GRIFFITHES WHEELER THATCHER, M.A., B.D. f Warden of Camden College, Sydney, N.S.W. Formerly Tutor in Hebrew and Old 1 Damiri. Testament History at Mansfield College, Oxford. I H. Br. HENRY BRADLEY, M.A., PH.D. f Joint-editor of the New English Dictionary (Oxford). Fellow of the British Academy, -j Cynewulf. Author of The Story of the Goths; The Making of English; &c. H. B. W. HORACE BOLINGBROKE WOODWARD, F.R.S., F.G.S. f Late Assistant Director, Geological Survey of England and Wales. Wollaston J TJeehen Medallist, Geological Society. Author of The History of the Geological Society of\ London; &c. I H. F. G. HANS FRIEDRICH GADOW, M.A., F.R.S., PH.D. f Strickland Curator and Lecturer on Zoology in the University of Cambridge. 4 Crocodile. Author of Amphibia and Reptiles (Cambridge Natural History). I H. Fr. HENRI FRANTZ. f rnl,rhpt Art Critic, Gazette des Beaux Arts, Paris. \ LOU H. M. W. H. MARSHALL WARD, M.A., F.R.S., D.Sc. (d. igos). f Formerly Professor of Botany in the University of Cambridge. President of the J jj oarv British Mycological Society. Author of Timber and some of its Diseases; The Oak; 1 Bary. Disease in Plants; &c. I H. St. HENRY STURT, M.A. f Crusius; Author of Idola Theatri ; The Idea of a Free Church ; and Personal Idealism. \ C ucl wort h, R. H. S. J. HENRY STUART JONES, M.A. r Formerly Fellow and Tutor of Trinity College, Oxford, and Director of the British J Costume: Aegean, Greek, School at Rome. Member of the German Imperial Archaeological Institute. 1 Etruscan and Roman. Author of The Roman Empire; &c. I H. Th. SIR HENRY THOMPSON, BART. f Cremation See the biographical article: THOMPSON, SIR HENRY. \ H. Tr. SIR HENRY TROTTER, K.C.M.G., C.B. r Lieutenant-Colonel, Royal Engineers. H.B.M. Consul-General for RoumaniavJ _ . 1894-1906, and British Delegate on the European Commission of the Danube. 1 uanuDe' Victoria Medallist, Royal Geographical Society, 1878. H. W. C. D. HENRY WILLIAM CARLESS DAVIS, M.A. f Fellow and Tutor of Balliol College, Oxford. Fellow of All Souls' College, 1895--^ Coutances, Walter Of. 1902. Author of England under the Normans and Angevins; Charlemagne. INITIALS AND HEADINGS OF ARTICLES ix I. A. ISRAEL ABRAHAMS, M.A. Reader in Talmudic and Rabbinic Literature, University of Cambridge. President, J Crescas; Jewish Historical Society of England. Author of A Short History of Jewish Litera- j DelmedigO. lure', Jewish Life in the Middle Ages. 3. An. JOSEPH ANDERSON, LL.D. f Keeper of the National Museum of Antiquities, Edinburgh. Assistant Secretary J rranno~ to the Society of Antiquaries of Scotland, and Rhind Lecturer, 1879-1882 and 1892. ] Editor of Drummond's Ancient Scottish Weapons; &c. J. A. C. SIR JOSEPH ARCHER CROWE, K.C.M.G. f Cranach; See the biographical article: CROWE, SIR J. A. \ Cuyp. J. A. H. JOHN ALLEN HOWE, B.Sc. f Corallian; Curator and Librarian of the Museum of Practical Geology, London. \ Corabrash' Culm. J. C. S.-H. JOHN CASTLEMAN SWINBURNE-KANHAM, J.P. f _ . ~, .• .• Barrister-at-Law, Middle Temple. Hon. Secretary of Cremation Society of England. \ we J. D. B. JAMES DAVID BOURCHIER, M.A., F.R.G.S. ( King's College, Cambridge. Correspondent of The Times in South-Eastern Europe. J Crete: Geography and Stalis- Commander of the Orders of Prince Danilo of Montenegro and of the Saviour of 1 tics; and Modern History. Greece, and Officer of the Order of St Alexander of Bulgaria. t J. D. Pr. JOHN DYNELEY PRINCE, PH.D. Professor of Semitic Languages at Columbia University, New York. J. E. B. JOHN EGLINTON BAILEY. Author of John Dee and the Steganographia of Trithemius; Life of Thomas Fuller. J. Go.* JOSEPH GREGO. (" Art Critic. Author of A History of Parliamentary Elections; A History of Dancing; J. Cruikshank. Thomas Rowlandson; James Gillray; &c. J. G. K. JOHN GRAHAM KERR, M.A., F.R.S. f Regius Professor of Zoology in the University of Glasgow. Formerly Demonstrator in Animal Morphology in the University of Cambridge. Fellow of Christ's College, -I Cyclostomata. Cambridge, 1898-1904. Walsingham Medallist, 1898. Neill Prizeman, Royal Society of Edinburgh, 1904. J. H. F. JOHN HENRY FREESE, M.A. f n.m(ltpr Formerly Fellow of St John's College, Cambridge. \ uel J. H. M. JOHN HENRY MIDDLETON, M.A., F.S.A., LITT.D., D.C.L. (1846-1896). f Formerly Slade Professor of Fine Art in the University of Cambridge, and Art J n<.ilo Dnhhio l • ^\ Director of the South Kensington Museum. Author of The Engraved Gems of] "ella KODD1* \in fan). Classical Times ; Illuminated Manuscripts in Classical and Medieval Times. [_ 3. H. R. JOHN HORACE ROUND, M.A., LL.D. (Edin.). f Author of Feudal England; Studies in Peerage and Family History; Peerage ana\ Court Baron. Pedigree; &c. 3. HI. R. JOHN HOLLAND ROSE, M.A., Lirr.D. f Lecturer on Modern History to the Cambridge University Local Lectures Syndicate. J Dam, Count; Author of Life of Napoleon I. ; Napoleonic Studies; The Development of the European 1 Decaen. Nations; The Life of Pitt; &c. (_ 3. H. Rs. REV. JAMES HARDY ROPES, D.D. r Bussey Professor of New Testament Criticism and Interpretation, and Dexter rnrinthianc- J?j,,V/7^<- /„ Lecturer on Bible Literature, Harvard University. Author of The Apostolic Age] t/0"1 nS' ****" * in the Light of Modern Criticism ; &c. J. L. M. JOHN LINTON MYRES, M.A., F.S.A. r Wykeham Professor of Ancient History in the University of Oxford. Formerly r,._ le /• ., ,\ Gladstone Professor of Greek, and Lecturer in Ancient Geography, University of 1 ^P™15 Un fan>- Liverpool ; and Lecturer on Classical Archaeology in University of Oxford. J. Mo. VISCOUNT MORLEY OF BLACKBURN. J r»an«on See the biographical article: MORLEY, VISCOUNT. J. McF. JOHN MACFARLANE. r Formerly Librarian of the Imperial Library, Calcutta. Author of Library Ad- J. Damien, Father. ministration; &c. J. M. M. JOHN MALCOLM MITCHELL. f Sometime Scholar of Queen's College, Oxford. Lecturer in Classics, East London •< Delian League. College (University of London). Joint-editor of Grote's History of Greece. J. P. Pe. REV. JOHN PUNNETT PETERS, PH.D., D.D. f Canon Residentiary, Cathedral of New York. Formerly Professor of Hebrew in the J rjeir University of Pennsylvania. Director of the University Expedition to Babylonia, 1 1888-1895. Author of Nippur, or Explorations and Adventures on the Euphrates. I J. S. F. JOHN SMITH FLETT, D.Sc., F.G.S. f Petrographer to the Geological Survey. Formerly Lecturer on Petrology in J Crystallite; Edinburgh University. Neill Medallist of the Royal Society of Edinburgh. Bigsby 1 Dacite. Medallist of the Geological Society of London. J. T. Be. JOHN T. BEALBY. frrim«aC */t rt- Joint-author of Stanford's Europe. Formerly Editor of the Scottish Geographical \ „ f. '' . Magazine. Translator of Sven Hedin's Through Asia, Central Asia and Tibet; &c. [ Daghestan Un part). J. T C. JOSEPH THOMAS CUNNINGHAM, M.A., F.Z.S. r Lecturer on Zoology at the South-Western Polytechnic, London. Formerly Fellow J Cuttle-fish of University College, Oxford. Assistant Professor of Natural History in the 1 University of Edinburgh. Naturalist to the Marine Biological Association. X J. V. K. G. J. K.S. INITIALS AND HEADINGS OF ARTICLES JOHN VEITCH, LL.D. See the biographical article: VEITCH, JOHN. Cousin, V. (in part). KINGSLEY GARLAND JAYNE. r__ Sometime Scholar of Wadham College, Oxford. Matthew Arnold Prizeman, 1903. J Croatia-Slavoma; Author of Vasco da Gama and his Successors. Dalmatia. KATHLEEN SCHLESINGER. Author of The Instruments of the Orchestra; &c. C Contrafagotto; Cor Anglais; J Cornet (in part); 1 Cromorne (in part); [Crowd; Cymbals. COUNT LUTZOW, Lrrr.D. (Oxon.), D.Pn. (Prague), F.R.G.S. Chamberlain of H.M. the Emperor of Austria, King of Bohemia. Hon. Memoer of the Royal Society of Literature. Member of the Bohemian Academy, &c. •( Author of Bohemia, a Historical Sketch; The Historians of Bohemia (llchester Lecture, Oxford, 1904); The Life and Times of John Hus; &c. L.D.* L. J. S. L.V.* M. A. C. M. Ha. M. N. T. M. 0. B. C. N. D. M. N. W. T. 0. Ba. 0. J. R. H. P. A. K. P. C. Y. P.G. P. GL P. G. K. R. A.* Louis DUCHESNE. See the biographical article: DUCHESNE, L.M.O. Damasus. Copper-glance; LEONARD JAMES SPENCER, M.A. Assistant in Department of Mineralogy, British Museum. Sidney Sussex College, Cambridge, and Harkness Scholar. Editor of the Minera- logical Magazine. r Copper Pyrites; Formerly Scholar of J Covellite; Crocoite; 1 Crystallography I Cuprite. Cyanite; 1 Datolite. LUIGI VlLLARI. Italian Foreign Office (Emigration Department). Formerly Newspaper Corre- Contarini; Cornaro; spondent in East of Europe. Italian Vice-Consul in New Orleans, 1906; Phil- -^ Correnti; Corsini; adelphia, 1907; and Boston, U.S.A., 1907-1910. Author of Italian Life in Town rjanrinln- Delia and Country; Fire and Sword in the Caucasus; &c. [ uanaolo> uella MAURICE A. CANNEY, M.A. r Assistant Lecturer in Semitic Languages in the University of Manchester. Formerly -..-,., Exhibitioner of St John's College, Oxford. Pusey and Ellertpn Hebrew Scholar, 1 Daub, Karl. Oxford, 1892; Kennicott Hebrew Scholar, 1895; Houghton Syriac Prize, 1896. 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. Cystoflagellata. j Davis, Jefferson (in part). MARCUS NIEBUHR TOD, M.A. Fellow and Tutor of Oriel College, Oxford. University Lecturer in Epigraphy. -{ Demaratus. Joint-author of Catalogue of the Sparta Museum. MAXIMILIAN OTTO BISMARCK CASPARI, M.A. f Corfu (in part); Reader in Ancient History at London University. Lecturer in Greek at Birmingham -< Corinth (in part); University, 1905-1908. ' L Cos (;„ part) NEWTON DENNISON MERENESS, A.M., PH.D. Author of Maryland as a Proprietary Province. NORTHCOTE WHITBRIDGE THOMAS, M.A. r Government Anthropologist to Southern Nigeria. Corresponding Member of the J Death-warning. Societe d'Anthropologie de Paris. Author of Thought Transference; Kinship and\ Marriage in A ustralia ; &c. L OSWALD BARRON, F.S.A. C Costume: Medieval and Editor of the Ancestor, 1902-1905. Hon. Genealogist to Standing Council of the J Modern European; Honourable Society of the Baronetage. [ Conrtenay: Family. OSBERT JOHN RADCLIFFE HOWARTH, M.A. f Christ Church, Oxford. Geographical Scholar, 1901. Assistant Secretary of the J Copenhagen. British Association. i Cossacks; J Crimea (in part); LDaghestan (in part). f Cottington, F. C.. Baron; Coventry, Sir William; -I Craven, Earl of; Cromwell, Oliver (in part); [ Cromwell, Richard. f Daedalus; I Demetrius (Sculptor). PETER GILES, M.A., LL.D., Lnr.D. ( Fellow and Classical Lecturer of Emmanuel College, Cambridge, and University! p. Reader in Comparative Philology. Late Secretary of the Cambridge Philological 1 Society. Author of Manual of Comparative Philology ; &c. PAUL G. KONODY. f Art Critic of the Observer and the Daily Mail. Formerly Editor of The Artist. 4 David, Gerard. Author of The Art of Walter Crane; Velasquez, Life and Work; &c. L ROBERT ANCHEL. ("Convention, The National; Archivist to the Departement de 1'Eure. \ Cordeliers, Club Of the. PRINCE PETER ALEXEIVITCH KROPOTKIN. See the biographical article: KROPOTKIN, P. A. PHILIP CHESNEY YORKE, M.A. Magdalen College, Oxford. PERCY GARDNER, Lrrr.D., D.C.L., F.S.A. See the biographical article: GARDNER, PERCY. INITIALS AND HEADINGS OF ARTICLES XI R. A. S. M. R. B. McK. R. B. R. R. H. C. R. H. L. R. J. M. R. L.* R. N. B. R. P. S. R. So. R. S. C. R. W. R. S. A. C. S. E. B. S. J. C. S. Wa. T. As. T. A. I. T. A. J. T.Ba. ( Damascus; j Dead Sea; Decapolis. { Dekker, Thomas (in part). ROBERT ALEXANDER STEWART MACALISTER, M.A., F.S.A. St John's College, Cambridge. Director of Excavations for the Palestine Ex- ploration Fund. RONALD BRUNLEES MCKERROW. Trinity College, Cambridge. RUFUS 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, •> Corinth (in part). Greek Archaeological Society, &c. Author of History of Greek Sculpture; Vacation Days in Greece; Greece through the Stereoscope; &c. REV. ROBERT HENRY CHARLES, M.A., D.D., D.Lirr. 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 Jubilees ; &c. ROBIN HUMPHREY LEGGE. Principal Musical Critic for Daily Telegraph. Author of Annals of the Norwich Festivals; &c. •J Daniel (in part). j Debussy. ("Conway, Henry Seymour; i Cowper, William C., 1st Earl; «• Cromwell, Oliver (in part). J Coyote; Creodonta; [ Deer. Corvinus; Czartoryski; Damjanieh; Deak; De Geer; De la Gardie; Demetrius Donskoi; Demetrius, Pseudo. RONALD JOHN McNsiLL, M.A. Christ Church, Oxford. Barrister-at-Law. Formerly Editor of the St 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, 1874-1882. Author of Catalogues of Fossil Mammals, Reptiles and Birds in British Museum; The Deer of all Lands, &c. ROBERT NISBET BAIN (d. 1909). Formerly Assistant Librarian, British Museum. Author of Scandinavia: the Political History of Denmark, Norway and Sweden, 1513-1900; The First Romanovs, 1613 to 1725 ; Slavonic Europe: the Political History of Poland and Russia from 1460 •to 1796; &c. 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. Associate and Fellow of King's College, . London. Corresponding Member of the Institute of France. Editor of Fergusson's History of Architecture. Author of Architecture: East and West; &c. ROBERT SOMERS (1822-1891). Editor of North British Daily Mail, 1849-1859. 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 Gonville and Caius College, Cambridge. ROBERT WILLIAM ROGERS, D.D., LITT.D., LL.D., PH.D. 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; &c. STANLEY ARTHUR COOK, M.A. Editor for Palestine Exploration Fund. Lecturer in Hebrew and Syriac, and formerly Fellow Gonville and Caius College, Cambridge. Examiner in Hebrew and Aramaic, London University, 1904-1908. Author of Glossary of Aramaic Inscrip-' lions ; The Laws of Moses and the Code of Hammurabi ; Critical Notes on Old Testament History; Religion of Ancient Palestine; &c. HON. SIMEON EBEN BALDWIN, M.A., LL.D. f Professor of Constitutional and Private International Law in Yale University. Director of the Bureau of Comparative Law of ' the American Bar Association.-^ Conveyancing (United States). Formerly Chief Justice of Connecticut. Author of Modern Political Institutions; American Railroad Law; &c. Decorated Period. Author of Letters from the High- \ Corn Laws (in part). Cumae (in part). Cuneiform. Costume: Ancient, Oriental; Cush; Dan; David (in part); Deborah; Decalogue (in part). SYDNEY JOHN CHAPMAN, M.A. Professor 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 Inn. Joint-editor of the I7th edition of Davidson's Concise Precedents in Conveyancing. Cotton: Marketing and Supp'y. } Cotton Manufacture. j Conveyancing (in part). THOMAS ASHBY, M.A., D.Lrrr. (Oxon.). fCorflnium; Cori; Cortona; Director of British School of Archaeology at Rome. Formerly Scholar of Christ J Cosa; Coseuza; Cremona; Church, Oxford. Craven Fellow, 1 897. Conington Prizeman, 1906. Member of the 1 Crotona; Cumae (in part); Cures. Imperial German Archaeological Institute. THOMAS ALLAN INGRAM, M.A., LL.D. Trinity College, Dublin. THOMAS ATHOL JOYCE, M.A. Assistant in Department of Ethnography, British Museum. Anthropological Institute. SIR THOMAS BARCLAY, M.P. e contraband- Member of the Institute of International Law. Member of the Supreme Council pnn „ / • ' ,,„ ,\ of the Congo Free State. Officer of the Legion of Honour. Author of Problems of} International Practice and Diplomacy; &c. M.P. for Blackburn, 1910. [ Declaration Of Paris. f Convocation (in part) ; - Corn Laws (in part) ; [Coroner; Cruelty; Day. Hon. Sec., Royal I Costume (in part). xii INITIALS AND HEADINGS OF ARTICLES T. F. C. THEODORE FREYLINGHUYSEN COLLIER, PH.D. f ConstantinoDle Councils of Assistant Professor of History, Williams College, Williamstown, Mass., U.S.A. \ W T. K. C. THOMAS KELLY CHEYNE, D.D. f Cosmogony; See the biographical article : CHEYNE, T. K. \ Deluge, The. T. M. F. THOMAS MACALL FALLOW, M. A., F.S.A. r Coronation; Editor of the Antiquary, 1895-1899. Author of Memorials of Old Yorkshire; The\ Cross and Crucifixion; Cathedral Churches of Ireland. {_ Crown and Coronet. T. Se. THOMAS SECCOMBE. f" Lecturer in History, East London and Birkbeck Colleges, University of London. I rnnstantino Stanhope Prizeman, Oxford, 1887. Assistant Editor of Dictionary of National] Biography, 1891-1901. Author of The Age of Johnson: &c I T. T. SIR TRAVERS Twiss, K.C., D.C.L., F.R.S. /Consulate of the Sea; See the biographical article: Twiss, SIR TRAVERS. \ Convocation (in part). 1 Profemr of Textiles, Manchester University. Author 01 Mechanism of Weaving. \ Cotton-spinning Machinery. V. M. VICTOR CHARLES MAHILLON. [ cornet (in part) • Principal of the Conservatoire Royal de Musique at Brussels. Chevalier of the -i «_„, ' / • Legion of Honour. [ Crom°rne l*« W. A. B. C. REV. WILLIAM AUGUSTUS BREVOORT COOLIDGE, M.A., F.R.G.S., PH.D. (Bern.), r Fellow of Magdalen College, Oxford. Professor of English History, St David's Crousaz, Jean Pierre de; College, Lampeter, 1880-1881. Author of Guide du Haul Dauphint; The Range of 1 Dauphine; the Tiidi; Guide to Grindelwald; Guide to Switzerland; The Alps in Nature and in DavOS. History; &c. Editor of the Alpine Journal, 1880-1889; &C. I f Cope; Crete (in part}; W. A. P. WALTER ALISON PHILLIPS, M.A. Tostump- Nniinvnl C Formerly Exhibitioner of Merton College and Senior Scholar of St John's College, 4 12 ., t*atlonM> L Oxford. Author of Modern Europe; &c. Official; I Dalmatic. W. B.* WILLIAM BURTON, M.A., F.C.S. f Chairman, Joint Committee of Pottery Manufacturers of Great Britain. Author of •{ Delia Robbia (in part). English Stoneware and Earthenware; &c. W. B. Sc. WILLIAM BELL SCOTT. f Cox, David; See the biographical article : SCOTT, WILLIAM BELL. Delaroche. W. C. S. 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, - Dance (in part). 1889-1900. W. C. T. W. CAVE THOMAS. f Author of Symmetrical Education; Mural or Monumental Decoration; Revised Theory \ Cornelius, Peter von. of Light. [ W. E. Co. RT. REV. WILLIAM EDWARD COLLINS, D.D. r Bishop of Gibraltar. Formerly Professor of Ecclesiastical History, King's College, J -,_ .-,, , , London. Lecturer at Selwyn and St John's Colleges, Cambridge. Author of The 1 ^yPrus- ^nurctt oj. Study of Ecclesiastical History; Beginnings of English Christianity; &c. I W. E. H. WILLIAM ERNEST HENLEY. fr™ . T«,V * rv.,:™ See the biographical article: HENLEY, W. E. { C°0per> JameS Fenimore- W. Fr. WILLIAM FREAM, LL.D. (d. 1907). I" Formerly Lecturer on Agricultural Entomology, University of Edinburgh, and ~\ Dairy and Dairy-fanning. Agricultural Correspondent of The Times. I r Contempt of Court; W. F. C. WILLIAM FEILDEN CRAIES, M.A. Conversion: Barrister-at-Law, Inner Temple. Lecturer on Criminal Law, King's College, London. •{ rout*- rriniinnl Taw Editor of Archbo\d's Criminal Pleading (22rd edition). r°SlS> tnmmal »**• [ Damages. W. G. F. WILLIAM GEORGE FREEMAN, B.Sc. (London), A.R.C.S. [ Joint-author of Nature Teaching; The World's Commercial Products. Joint-editors Cotton (in part). of Science Progress in the Twentieth Century. W. L. H. D. WYNFRID LAWRENCE HENRY DUCKWORTH, M.A., M.D., D.Sc. f Lecturer in Physical Anthropology, and Senior Demonstrator of Human Anatomy I Craniometry in the University of Cambridge. Fellow of Jesus College. Author of Morphology] and Anthropology; &c. I W. L.-W. SIR WILLIAM LEE-WARNER, M.A., K.C.S.I. f Member of Council of India. Formerly Secretary in the Political and Secret J Dalhousie 1st Marquis. Department of the India Office. Author of Life of the Marquis of Dalhousie; \ Memoirs of Field-Marshal Sir Henry Wylie Norman; &c. I W. M. WILLIAM MINTO, M.A f Dekk ^ ( •„ See the biographical article: MINTO, WILLIAM. I. W. M. R. WILLIAM MICHAEL ROSSETTI. f Correggjo; See the biographical article: ROSSETTI, DANTE G. \ Crivelli, Carlo. W. P.* WALTER PITT, M.lNST.C.E., M.I.M.E. J"r Member of the Committee of International Maritime Conference, London, &c. \ l/ranes> INITIALS AND HEADINGS OF ARTICLES xin W. R. E. H. W. R. S. W. T. Ca. W. Wr. W. W. H.* W. W. R.* WILLIAM RICHARD EATON HODGKINSON, 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- Hodgkinson's Practical Chemistry; &c. WILLIAM ROBERTSON SMITH, LL.D. See the biographical article: SMITH, W. R. WILLIAM THOMAS CALMAN, D.Sc., F.Z.S. Cordite. J David (in part) ; \ Decalogue (in part). Assistant in charge of ( Crustacea, Natural History Museum, South Kensington, -j Crayfish; Author of " Crustacea r Crab ; '1 Crustacea. 1 in A Treatise on Zoology, edited by Sir E. Ray Lankester. WILLISTON WALKER, PH.D., D.D. Professor of Church History, Yale University. Author of History of the Congre- ^ Cotton John. gational Churches in the United States; The Reformation; John Calvin; &c. HON. WILLIAM WIRT HENRY, M.A. (d. 1900). r Formerly President of the American Historical Association and of the Virginia His- I «„.,!,, !„«„,, - torical Society. Author and Editor of the Life, Correspondence and Speeches of] UaV1S> Jet erson Patrick Henry. [ Parl>- WILLIAM WALKER ROCKWELL, PH.D. Assistant Professor of Church History, Union Theological Seminary, New York. Council. PRINCIPAL UNSIGNED ARTICLES Constitution and Con- stitutional Law. Consul. Cookery. Coorg. Copper. Coprolites. Copyhold. Copyright. Coral. Cork. Cornell University. Cornwall. Corporation. Corrupt Practices. Corsica. Corvee. Costa Rica. Count. Court. Couvade. Covenanters. Crawford, Earls of. Crecy. Cretaceous System. Cribbage. Cricket. Crocus. Croquet. Cruciferae. Culdees. Cumberland. Curling. Currant. Cursor Mundi. Cutlery. Cycling. Cycloid. Cynics. Cyrenaics. Dacia. Dahomey. Damask. Darfur. Deacon. Dean. Death. Debt. Deccan. Deism. Delaware. Delirium. ENCYCLOPEDIA BRITANNICA ELEVENTH EDITION VOLUME VII CONSTANTINE PAVLOVICH (1779-1831), grand-duke and cesarevich of Russia, was born at Tsarskoye Selo on the 27th of April 1779. Of the sons born to the unfortunate tsar Paul Petrovich and his wife Maria Feodorovna, nee 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.), 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 1795 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 1801, the victim of a frivolous intrigue, in the guilt of which she was herself involved. An attempt made by Constantine in 1814 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 the 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 life. He abstained from politics, but remained faithful to his military inclinations, though, indeed, without manifesting anything more than a preference for the externalities of the service. In command of the Guards during the campaign of 1805 VII. I 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 Corsican and 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 1812, 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 de 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 Fere-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. His 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 CONSTANTINE 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 so 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 the 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 over 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 2 7th 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. See also Karrnovich's The Cesarevich Constantine Pavlovich (2 vols., St Petersburg, 1899), (Russian); T. Schiemann's Geschichte Russ- lands unter Kaiser Nicolaus I. vol. i. (Berlin, 1904); Pusyrevski's The Russo-Polish War of 1831 (2nd ed., St Petersburg, 1890) (Russian). (T. SE.) CONSTANTINE, a city of Algeria, capital of the department of the same name, 54 m. by railway S. by W. of the port of Philippeville, in 36°22' N., 5° 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 25,312 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 iron bridge (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 are 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. The 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 igth 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-el-Kattani (or Salah Bey) dates from the close of the 1 8th century; that of Suk-er-Rezel, now transformed into a cathedral, and called Nolre-Dame des Sept Douleurs, was built about a century earlier. The Great Mosque, or Jamaa-el-Kebir, . occupies the site of what was probably an ancient pantheon. The mosque Sidi-el-Akhdar has a beautiful minaret nearly Soft. high. The museum, housed in the hotel deville, 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-el-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 city 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 city, was in ancient times one of the most important towns of Numidia, and the residence of the kings of the Massyli. Under Micipsa (2nd century B.C.) it reached the height 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 Sittius, the latter introduced a Roman settlement, and the town for a time was known as Colonia Sittianorum. In the war of Maxentius against Alexander, the Numidian usurper, it was laid in ruins; and on its restoration in A.D. 313 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 " municipal improvements " under the French regime). During the i2th 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 of 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 Valee 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 Aures 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 28° 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 Golden 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 ist hill is distinguished by the Seraglio, St Sophia and the Hippodrome; the 2nd by the column of Constantine and the mosque Nuri-Osmanieh; 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 Tekfour Serai and the quarter of Egri Kapu; the 7th by Avret Tash and the quarter of Psamatia. In Byzantine times the two last hills were named respectively the hill of Blachernae and the Xerolophos 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 A.D. 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 their 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 order to secure a better administration of civil and of military 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 for 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 Septimius 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 Sirkedji 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 CONSTANTINOPLE Scale, 1:46,000 One Statute Mile Ancient sites are shown by thick lines and lettered thus:- ........ Hippodrome Wall of Byzantium.., _____ _--.-., of Constantine ...... _*.»«** Byzantine Walls ........... ,. M 0 R A A graceful granite column, still erect on the slope above the head of the promontory, commemorated the 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 am. (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 Baud Pasha Kapusi (Porta S. Aemiliani), on the Marmora, and thus added 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 yth 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 refortified the cit> 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 Kuleh (the seven towers), northwards to the old Byzantine palace of the Porphyrogenitus (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 city on the west down to the Golden Horn. Some- what later, in 439, 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 dcsperateness of the situation, however, roused the government of Theodosius II., who was still upon the throne, to put forth the most energetic efforts 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 Constantine, 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 190-207 ft. thick, and loo 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 life 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 Tekfour Serai are to all intents and purposes the ruins of the Theodosian walls of the sth century. This is not the case in regard to the other parts of the fortifica- tions of the city. The walls 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 gth century; while the walls between Tekfour Serai and the Golden Horn were built long after the reign of Theodosius 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 Blachernae. 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 913; by the forces of the Fourth Crusade in 1203-1204; by the Turks in 1422 and 1453. The city was taken in 1204, and became the seat of a Latin empire until 1261, when it was recovered by the Greeks. On the zpth 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 city are the following, (i) 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 Theodosius I. over Maximus in 388, and subsequently incorpor- ated in the walls of Theodosius II., as the state entrance of the capital. (2) The gate of Selivria, or of the Pege, 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 city, 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 civil 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. (n) The sites of the old harbours between Chatladi Kapu and Baud 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 city were largely determined by the configuration of its site, which falls into three great divi- sions,— the level ground and slopes looking towards the Sea of Marmora, the range of hills forming the midland portion of the promontory, and the slopes and level ground facing the Golden Horn. In each division a great street ran through the city 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 principal thoroughfare, and was named the Mese (Mem;), 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 7th hill to the Golden gate, the other conducting to the church of the Holy Apostles, and the gate of Charisius (Edirneh Kapusi). The Mese linked together the great fora of the city, — 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 Zad6h is situated, the forum of the Bous at Ak Serai, and the forum of Arcadius or Theodosius II. on the summit of the 7th 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 Chalc6, 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 Mese, were the law courts. In the area of the square stood the Milion, whence dis- tances from Constantinople were measured, and a lofty column 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 Aurelius 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 still 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 Chalce, 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 Pege, now Balukli, a short distance beyond the gate of Selivria, in later times. For municipal purposes, the city was divided, like 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 (see below, CONSTANTINOPLE, COUNCILS or). 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 sth 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 placed on an octagonal structure, and in its general plan is similar to the con- temporary church of S. Vitale at Ravenna. St Sophia (i.e. 'A.yia.2oia, Holy Wisdom) is the glory of Byzantine art, and one of the most beautiful buildings in the world. St Mary Diaconissa (Kalender 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 Sth century. St Mary Panachrantos (Fenari Isa Mesjidi) belongs to the reign of Leo the Wise (886-91 2) . The Myrelaion (Bodrum Jami) dates from the loth 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 Krisei (Khoja Mustapha Jamissi) , the narthexes and 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 (Kilisse Jamissi). The beautiful facade of the last is later than the other portions of the church, which have been assigned to the 9th or loth 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 532 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 532. 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 Fossati. 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, arid 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 Aurelian, 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 verde antique on either CONSTANTINOPLE side of the nave are commonly said to have come from the temple of Diana at Ephesus, but recent authorities regard them as specially cut for use in the church. The inner narthex of the church formed a magnificent vestibule 205 ft. long by 26 ft. wide, reveted 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 the 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 in 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 III., 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 Plataea 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 city 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 Valens 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, ithasbeen 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 Adrianople, 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 224 columns, each built 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 Bucoleon. 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 Heptascalon, while to the west of that gate was the harbour which bore the names of Eleutherius and of Theodosiur 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 ' For full information on the subject of the ancient water-supply see Count A. F. Andreossy, Constantinople et le Bosphore ; Tchikat- chev, Le Bosphore et Constantinople (2nd ed., Paris, 1865) ; Forch- hcimer and Strzygowski, Die byzantinischen Wasserbehdlter; also article AQUEDUCT. 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 Dolmabagch6 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 slenderness, 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 Rustem Pasha — all works of the i6th century, the best period of Turkish architecture; the mosque of Sultan Bayezid II. (1497-1505); the mosque of Sultan Ahmed I. (1610); Yeni-Valide-Jamissi (1615-1665); Nuri-Osmanieh (1748-1755); Laleli-Jamissi (1765). The Turbehs 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, bold and commanding, with nothing of the squat appearance that mars the dome of St Sophia, with nothing of the petty prettiness 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 Lalelijamissi, where the dome rests upon an octagon inscribed in a square, the influence of SS. Sergius 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 parts of this great agglomeration are Stamboul (from Gr. tk rf>v ic6\tv, " into the city "), the name specially applied to the portion of the city upon the promontory, Galata and Pera. Galata has a long history, which becomes of general interest after 1265, when it was assigned to the Genoese merchants in the city by Michael Palaeologus, 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 8 CONSTANTINOPLE During the siege of 1453 the inhabitants maintained on the whole a neutral attitude, but on the fall of the capital they surrendered to the Turkish conqueror, who granted them liberal terms. The walls have for the most part been removed. The noble tower, however, which formed the citadel of the colony, still remains, and is a striking feature in the scenery of Constantinople. There are also churches and houses dating from Genoese days. Galata is the chief business centre of the city, the seat of banks, post- offices, steamship offices, &c. Pera is the principal residential quarter of the European communities settled in Constantinople, where the foreign embassies congregate, and the fashionable shops and hotels are found. Since the middle of the ipth century the city has yielded more and more to western influences, and is fast losing its oriental character. The sultan's palaces, and the residences of all classes of the community, adopt with more or less success a European style of building. The streets have been widened and. named. They are in many instances better paved, and are lighted at night. The houses are numbered. Cabs and tramways have been introduced. Public gardens have been opened. For some distance outside the Galata bridge, both shores of the Golden Horn have been provided with a quay at which large steamers can moor to discharge or embark their passengers and cargo. The Galata quay, completed in 1889, is 756 metres long and 20 metres wide; the Stamboul quay, completed in 1900, is 378 metres in length. The harbour, quays and facilities for handling merchandise, which have been established at the head of the Anatolian railway, at Haidar Pasha, under German auspices, would be a credit to any city. Jt is true that most of these improvements are due to foreign enterprise and serve largely foreign interests; still they have also benefited the city, and added much to the convenience and comfort of local life. There has been likewise progress in other than material respects. The growth of the imperial museum of antiquities, under the direction of Hamdy Bey, within the grounds of the Seraglio, has been remarkable; and while the collection of the sarcophagi discovered at Sidon constitutes the chief treasure of the museum, the institution has become a rich storehouse of many other valuable relics of the past. The existence of a school of art, where painting and architecture are taught, is also a sign of new times. A school of handicrafts flourishes on the Sphendone of the Hippodrome. The fine medical school between Scutari and Haidar Pasha, the Hamidieh hospital for children, and the asylum for the poor, tell of the advance of science and humanity in the place. Considerable attention is now given to the subject of education throughout the empire, a result due in great measure to the influence of the American and French schools and colleges established in the provinces and at the capital. More than thirty foreign educational institutions flourish in Constantinople itself, and they are largely attended by the youth belonging to the native communities of the country. The Greek population is provided with excellent schools and gymnasia, and the Armenians also maintain schools of a high grade. The Turkish government itself became, moreover, impressed with the import- ance of education, and as a consequence the whole system of public instruction for the Moslem portion of the population was, during the reign of Sultan Abd-ul-Hamid II., more widely extended and improved. Beside the schools of the old type attached to the mosques, schools of a better class were estab- lished under the direct control of the minister of education, which, although open to improvement, certainly aimed at a higher standard than that reached in former days. The progress of education became noticeable even among Moslem girls. The social and political influence of this intellectual improvement among the various communities of the empire soon made itself felt, and had much to do with the startling success of the con- stitutional revolution carried out, under the direction of the Committee of Union and Progress, in the autumn of 1908. Climate. — The climate of the city is healthy, but relaxing. It is damp and liable to sudden and great changes of temperature. The winds from the north and those from the south are at constant feud, and blow cold or hot in the most capricious manner, often in the course of the same day. " There are two climates at Constantinople, that of the north and that of the south wind." The winters may be severe, but when mild they are wet and not invigorating. In summer the heat is tempered by the prevalence of a north-east wind that blows down the channel of the Bosporus. Observations at Constantinople and at Scutari give the following results, for a period of twenty years. Constantinople. Scutari. Mean temperature . Maximum .... Minimum Rain Number of rainy days . 57o7; 99° i' 17° 2' 28-3 in. 112 58° i' 103° 6' 13*0' 29-29 in. 128-6 The sanitation of the city has been improved, although much remains to be done in that respect. No great epidemic has visited the city since the outbreak of cholera in 1866. Typhoid and pulmonary diseases are common. Population. — The number of the population of the city is an uncertain figure, as no accurate statistics can be obtained. It is generally estimated between 800,000 and 1,000,000. The inhabitants present a remarkable conglomeration of different races, various nationalities, divers languages, distinctive costumes and conflicting faiths, giving, it is true, a singular interest to what may be termed the human scenery of the city, but rendering impossible any close social cohesion, or the de- velopment of a common civic life. Constantinople has well been described as " a city not of one nation but of many, and hardly more of one than of another." The following figures are given as an approximate estimate of the size of the communities which compose the population. Moslems Greeks Greek Latins Armenians . Roman Catholics (native] Protestants (native) Bulgarians . Jews Foreigners . 384,910 152,741 1,082 149,590 6,442 819 4-377 44,361 129,243 873,565 Water-Supply. — Under the rule of the sultans, the water- supply of the city has been greatly extended. The reservoirs in the forest of Belgrade have been enlarged and increased in number, and new aqueducts have been added to those erected by the Byzantine emperors. The use of the old cisterns within the walls has been almost entirely abandoned, and the water is led to basins in vaulted chambers (Taxim), from which it is distributed by underground conduits to the fountains situated in the different quarters of the city. From these fountains the water is taken to a house by water-carriers, or, in the case of the humbler classes, by members of the household itself. For the supply of Pera, Galata and Beshiktash, Sultan Mahmud I. constructed, in 1732, four bends in the forest of Belgrade, N.N.W. and N.E. of the village of Bagchekeui, and the fine aqueduct which spans the head of the valley of Buyuk- dere. Since 1885, a French company, La Compagnie des Eaux, has rendered a great service by bringing water to Stamboul, Pera, and the villages on the European side of the Bosporus, from Lake Dercos, which lies close to the shore of the Black Sea some 29 m. distant from the city. The Dercos water is laid on in many houses. Since 1893 a German company has supplied Scutari and Kadikeui with water from the valley of the Sweet Waters of Asia. Trade. — The trade of the city has been unfavourably affected by the political events which have converted former provinces of the Turkish empire into autonomous states, by the develop- ment of business at other ports of the empire, owing to the opening up of the interior country through the construction of railroads, and by the difficulties which the government, with the view of preventing political agitation, has put in the way of CONSTANTINOPLE, COUNCILS OF easy intercourse by natives between the capital and the provinces. Most of the commerce of the city is in hands of foreigners and of Armenian and Greek merchants. Turks have little if anything to do with trade on a large scale. " The capital, " says a writer in the Konstanlinopler Handelsblalt of November 1904, " pro- duces very little for export, and its hinterland is small, extending on the European side only a few kilometres — the outlet for the fertile Eastern Rumelia is Dedeagach — and on the Asiatic side embracing the Sea of Marmora and the Anatolian railway district. Even part of this will be lost to Constantinople when the Anatolian railway is connected with the port of Mersina and with the Kassaba-Smyrna railway. Some 750 tons of the sweetmeat known as ' Turkish delight ' are annually exported to the United Kingdom, America and Rumelia; embroideries, &c., are sold in fair quantities to tourists. Otherwise the chief articles of Constantinople's export trade consist of refuse and waste materials, sheep's wool (called Kassab bashi) and skins from the slaughter-houses (in 1903 about 3,000,000 skins were exported, mostly to America), horns, hoofs, goat and horse hair, guts, bones, rags, bran, old iron, &c., and finally dogs' excre- ments, called in trade ' pure,' a Constantinople speciality, which is used in preparing leather for ladies' gloves. From the hinter- land comes mostly raw produce such as grain, drugs, wool, silk, ores and also carpets. The chief article is grain." The average value of the goods passing through the port of Constantinople at the opening of the 2bth century was estimated at about £ T 1 1 ,000,000. From the imperfect statistics available, the following tables of the class of goods imported and exported, and their respective values, were drawn up in 1901 by the late Mr Whittaker, The Times correspondent/ Imports. Manufactured goods (cotton, woollen silk, &c.) Haberdashery ironmongery Sugar Petroleum Flour Coffee Rice Cattle Various £T» 3,500,000 90,000 500,000 400,000 400,000 300,000 250,000 100,000 850,000 Total . £T 7,000,000 Cereals . Mohair . Carpets . Silk and cocoons . Opium Gum tragacanth . Wool Hides Various . Exports. £T i, 000,000 800,000 700,000 500,000 400,000 150,000 100,000 100,000 250,000 Total . £T 4,100,000 About 40% of the import trade of Constantinople is British. According to the trade report of the British consulate, the share of the United Kingdom in the value of £7,142,000 on the total imports to Constantinople during the year 1900-1901 was £1,811,000; while the share of the United Kingdom in the value of £2,669,000 on the total exports during the same year was ^£998,000. But it is worthy of note that while British commerce still led the way in Turkey, the trade of some other countries with Turkey, especially that of Germany, was increas- ing more rapidly. Comparing the average of the period 1896- 1900 with the total for 1904, British trade showed an increase °f 33%, Austro- Hungarian of nearly 60%, Germany of 130%, Italian of 98%, French of 8%, and Belgian of nearly 33%. The shipping visiting the port of Constantinople during the year 1903, excluding sailing and small coasting vessels, was 9796, representing a total of 14,785,080 tons. The percentage of steamers under the British flag was 37-1; of tonnage, 45-9. Administration. — For the preservation of order and security, the city is divided into four divisions (Belad-i-Sclassi), viz. 1 A Turkish lira = 18 shillings (English). Stamboul, Pera-Galata, Beshiktash and Scutari. The minister of police is at the head of the administration of the affairs of these divisions, and is ex-officio governor of Stamboul. The governors of the other divisions are subordinate to him, but are appointed by the sultan. Each governor has a special staff of police and gendarmery and his own police-court. In each division is a military commander, having a part of the garrison of the city under his orders, but subordinate to the commander-in-chief of the troops guarding the capital. The municipal government of the four divisions of the city is in the hands of a prefect, appointed by the sultan, and sub- ordinate to the minister of the interior. He is officially styled the prefect of Stamboul, and is assisted by a council of twenty-four members, appointed by the sultan or the minister of the interior. All matters concerning the streets, the markets, the bazaars, the street-porters (hamals), public weighers, baths and hospitals come under his jurisdiction. He is charged also with the collec- tion of the city dues, and the taxes on property. The city is furthermore divided into ten municipal circles as follows. In Stamboul: (i) Sultan Bayezid, (2) Sultan Mehemet, (3) Djerah Pasha (Psamatia); on the European side of the Bosporus and the northern side of the Golden Horn: (4) Beshiktash, (5) Yenikeui, (6) Pera, (7) Buyukdere; on the Asiatic side of the Bos- porus: (8) Anadol Hissar, (9) Scutari, (10) Kadikeui. Each circle is subdivided into several wards (mahalleh). " The out- lying parts of the city are divided into six districts (Cazas), namely, Princes' Islands, Guebzeh, Beicos, Kartal, Kuchuk- Chekmedje' and Shil6, each having its governor (kaimakani), who is usually chosen by the palace. These districts are depend- encies of the ministry of the interior, and their municipal affairs are directed by agents of the prefecture." In virtue of old treaties, known as the Capitulations (q.v.), foreigners enjoy to a large extent the rights of exterritoriality. In disputes with one another, they are judged before their own courts of justice. In litigation between a foreigner and a native, the case is taken to a native court, but a representative of the foreigner's consulate attends the proceedings. Foreigners have a right to establish their own schools and hospitals, to hold their special religious services, and even to maintain their respective national post-offices. No Turkish policeman may enter the premises of a foreigner without the sanction of the consular authorities to whose jurisdiction the latter belongs. A certain measure of self-government is likewise granted to the native Christian communities under their ecclesiastical chiefs. BIBLIOGRAPHY. — On Constantinople generally, besides the regular guide-books and works already mentioned, see P. Gyllius, De topo- graphia Constantinopoleos, De Bosporo Thracio (1632) ; Du Cange, Constatttinopolis Christiana (1680); T. von Hammer, Constan- linopolis und der Bosporos (1822); Mordtmann, Esquisse topo- graphique de Constantinople (1892); E. A. Grosvenor, Constantinople (1895); van Millingcn, Byzantine Constantinople (1899); Paspates, Bvfai>Ti?aI MeXeTat (1877) ; Scarlatos Byzantios, 'H KuvtrravTlvov irAAis (1851) ; E. Pears, Fall of Constantinople (1885), The Destruction of the Greek Empire (1903); Gibbon, The Decline and Fall of the Roman Empire; Salzenberg, Altchristliche Baudenkmale von Konslantinopel; Letnaby and Swainson, The Church of Sancta Sophia; Pulgher, Les Anciennes Eglises byzantines de Constantinople; Labarte, Le Palais imperial de Constantinople el ses abords. (A. van M.) CONSTANTINOPLE, COUNCILS OF. Of the numerous eccle- siastical councils held at Constantinople the most important are the following: i. The second ecumenical council, 381, which was in reality only a synod of bishops from Thrace, Asia and Syria, convened by Theodosius with a view to uniting the church upon the basis of the Orthodox faith. No Western bishop was present, nor any Roman legate; from Egypt came only a few bishops, and these tardily. The first president was Meletius of Antioch, whom Rome regarded as schismatic. Yet, despite its sectional char- acter, the council came in time to be regarded as ecumenical alike in the West and in the East. The council reaffirmed the Nicene faith and denounced all opposing doctrines. The so-called " Niceno-Constantinopolitan Creed," which has almost universally been ascribed to this council, is certainly not the Nicene creed nor even a recension IO CONSTANTINOPLE, COUNCILS OF of it, 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 " 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 (431), nor by the "Robber Synod" (449), although these both confirmed the Nicene faith. It also lacks the definiteness one would expect in a creed composed by an anti-Arian, anti-Pneumatomachian council. Harnack (Herzog-Hauck, Realencyklopadie, 3rd ed., s.v. " Konstantinopolit. 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 oifilioque. 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 Mansi iii. pp. 521-599; Hardouin i. pp. 807-826; Hefele, 2nd ed., ii. pp. I sqq. (English translation, ii. pp. 340 sqq.); Hort, Two Dissertations (Cambridge, 1876); and the article CREEDS. 2. The council of 553, the fifth ecumenical, grew out of the controversy of the " Three Chapters," an adequate account of which, up to the time of the council, may be found in the articles JUSTINIAN and VIGILIUS. 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 his 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; Hefele 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 Mansi ix. pp. 24-106, 149-658, 712-730; Hardouin iii. pp. 1-328, 331, 414, 524; Hefele, 2nd ed., ii. pp. 798-924 (English translation, iv. pp. 229-365). 3. The sixth ecumenical council, 680-681, which was convened by the emperor Constantine Pogonatus to terminate the Mono- thelitic controversy (see MONOTHELITES). 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 " Niceno- Constantinopolitan " creeds. Monothelitism 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 suc- cessors in the see of Constantinople, the former pope, Honorius, and Macarius, the patriarch of Antioch. An imperial decree confirmed the council, and commanded the acceptance of its doctrines under pain of 'severe punishment. The Monothelites took fright and fled to Syria, where they gradually formed the sect of the Maronites (q.v.). 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.g. that Honorius was not really a Monothelite; that in acknowledging one will he was not speaking ex cathedra', that, at the time of condemning him, the council was no longer ecumenical; &c. 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; Hefele, 2nd ed. iii. pp. 121-313. 4. The " Quinisext Synod " (692), 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 (" In Trullo," whence the synod is called also " Trullan "). Its work was purely legislative and its decisions were set forth in 102 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, Laodicea, Sardica and Carthage, and the canonical writings of some twelve Fathers, — all canons, synods and Fathers, Eastern with one exception, viz. 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 authorized, and the mixed chalice made obligatory. Contrary to the occidental custom, fasting on Saturday was forbidden. The 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 in 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 " Pseudo-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; Hefele, 2nd ed., iii. pp. 328-348. 5. The iconoclastic synods of 754 and 815, both of which CONSTANTINUS— CONSTELLATION ii promulgated harsh decrees against images and neither of which is recognized by the Latin Church, and the synod of 842, which repudiated the synod of 815, approved the second council of Nicaea, and restored the images, are all adequately treated in the article ICONOCLASTS. See Mansi xii. pp. 575 sqq., xiii. pp. 210 sqq., xiv. pp. Ill sqq., 787 sqq.; Hardouin iv. pp. 330 sqq., 1045 sqq., 1457 sqq.; Hefele, and ed. iv. pp. I sqq., 104 sqq. 6. The synods of 869 and 879, of which the former, regarded by the Latin Church as the eighth ecumenical council, condemned Photius as an usurper and restored Ignatius to the see of Constanti- nople; the latter, which the Greeks consider to have been the true eighth ecumenical council, held after the death of Ignatius and the reconciliation of Photius with the emperor, repudiated the synod of 869, restored Photius, and condemned all who would not recognize him. (For further details of these two synods see PHOTIUS.) See Mansi xv. pp. 143-476 et passim, xvi. pp. 1-550, xvii. pp. 66- 186, 365-530; Hardouin v. pp. 119-390, 749-1210, et passim, vi. pp. 19-87, 209-334 ; Hefele, 2nd ed., iv. pp. 228 sqq., 333 sqq., 435 sqq. ; Hergenrother, Photius (Regensburg, 1867-1869). (T. F. C.) CONSTANTINUS, pope from 708 to 715, was a Syrian by birth and was consecrated pope in March 708. He was eager to assert the supremacy of the papal see ; at the command of the emperor Justinian II. he visited Constantinople; and he died on the 9th of April 715. CONSTANTIUS, FLAVIUS VALERIUS, commonly called CHLORUS (the Pale), an epithet due to the Byzantine historians, Roman emperor and father of Constantine the Great, was born about A.D. 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 his military ability and his able and gentle rule of Dalmatia, he was, on the ist of March 293, adopted and appointed Caesar by Maximian, whose step-daughter, 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 Constantius. In Britain Carausius and subsequently Allectus had declared themselves independent, and it was not till 296 that, by the defeat of Allectus, it was re-united with the empire. In 298 Constantius overthrew the Alamanni 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 ist of May 305, and died the following year shortly before the 2$th of July at Eboracum (York) during an expedition against the Picts and Scots. See Aurelius Victor, De Caesaribus, 39; Eutropius ix. 14-23; Zosimus ii. 7. CONST ANTZA (Constanta), formerly known as Kustendji or Kustendje, a seaport on the Black Sea, and capital of the department of Constantza, Rumania; 140 m. E. by ,S. from Bucharest by rail. Pop. (1900) 12,725. When the Dobrudja was ceded to Rumania in 1878, Constantza was partly rebuilt. In its clean 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 are largely exported ; coal and coke head the list of imports, followed by machinery, iron goods, and cotton and woollen fabrics. The 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 22 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 Constantza and Constantinople is conducted by state-owned steamers, including the fast mail and passenger boats in connexion with the Ostend and Orient expresses. In 1902, 576 vessels entered at Constantza, with a net registered tonnage of 641,737. The Black Sea squadron of the Rumanian fleet is stationed here. Constantza is the Constantiana which was founded in honour of Constantia, sister 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 the 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 close by was Tomi, 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 Constantza. In regard to the Constantza inscriptions in general, see Allard, La Bulgarie orientate (Paris, 1866); Desjardins in Ann. dell' istit. di corr. arch. (1868); and a paper on Weickum's collection in Silzungsbericht of the Munich Academy (1875). CONSTELLATION (from the Lat. conslellalus, 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 Hittites, 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 asterisms, and alsc 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 pre-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 "old sheep"; the seven planets were the "old-sheep stars"; the whole of the stars had certain " shepherds, " and Sibzianna (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, 1899) has compiled a Euphratean planisphere, which he 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 12 CONSTELLATION concentric annuli, the northern ones in an inner annulus sub- divided into 60 degrees, the zodiacal ones into a medial annulus of 1 20 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 paranatellons ; and the lower line those of the southern paranatellons. 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). lation to weather changes. The earliest Greek work which purported to treat the constellations qua constellations, of which we have certain knowledge, is the Qcuvontva. of Eudoxus of Cnidus (c. 403-350 B.C.). The original is lost, but a versification by Aratus (c. 270 B.C.), a poet at the court of Antigonus Gonatas, king of Macedonia, and an '££1777)0-15 or commentary by Hippar- chus, are extant. In the Qaivofitva 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, Eridanus, Piscis australis, Ara, Centaurus, Hydra, Crater and Northern . . Cassiopeia Auriga Cepheus Ursa minor Ursa major Bootes Serpentarius Hercules Lyra Aquila Pegasus Andromeda Zodiacal . . Aries Taurus Gemini Cancer Leo Virgo Libra Scorpio Sagittarius Capricornus Aquarius Pisces Southern Eridanus Orion Canis major Argo Hydra Crater Corvus Centaurus Lupus Ara ? Piscis australis Cetus 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 all 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 Theogonia 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 are 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 by 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 Agaosthenes, an early writer, knew Ursa minor as Kworoupa, Cynosura, and recorded the transla- tion of Aquila; Epimenides the Cretan (c. 600 B.C.) recorded the translation of Capricornus and the star Capella; 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 Hellanicus of Mytilene (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 sth 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 uranometria, which appears in the seventh and eighth books of his Almagest, the catalogue being styled the "E/c0eUKpS.S AaTepHTHOS Stellae Ursi minoris Ursa minor, Cynosura Little Bear Ursa major "\PKTOV jue-ya\7)s ,, Ursi majoris Ursa major, Helice Great Bear Draco Apd/coiTos ,, Draconis Draco Dragon Cepheus Krifcus „ Cephei Cepheus Cepheus •£J> Bootes BOUTOV , Vociferatoris Bootes, Arctophylax Ploughman Q Corona borealis STtdxXfOU popCtOU , Coronae or Phecca Corona borea Northern Crown • Hercules ToO &v "ybvQ.ffLV , Incumbentis genubus Engonasi, Hercules Man kneeling c ^0 Lyra Aupas , ToDShelyak or Testudo Lyra, Vultur cadens Lyre •M Cygnus "OpwSos , Gallinae Olor, Cygnus Bird, Swan rt Cassiopeia KaacrttTretas , Inthronatae Cassiopeia Cassiopeia 1- Perseus IlcpO^aJS ,t Bershaush or Portans Perseus Perseus c Caput Larvae o o Auriga 'Hd6xOV ,, Tenentis habenas Auriga, Heniochus, Erichthonius Charioteer c Serpentarius 'Q&LOVTtOV ,, Serpentarii Ophiuchus, Serpentarius Serpent-holder 0) J3 Serpens Sagitta "Opew7 6<£io&xou n 'OlfFTOV ,r Serpentis Sagittae Serpens ophiuchi Sagitta or Telum Serpent Arrow s Aquila 'A.CTOV , Aquilae Aquila or Vultur volans Eagle Z Delphinus Ae\0i«)s , Delphini Delphinus Dolphin Equuelus "Iirirou xporo/i^s , Sectionis equi Equuleus, Equi sectio Colt Pegasus "ITTTTOU , Equi majoris Pegasus, Equus alatus Pegasus, Horse Andromeda 'Avdpo/jitSas , Mulieris catenatae Andromeda Andromeda Triangulum Tpiyuvov , Trianguli Triangulus, Deltoton Triangle rT Aries KptoD ,, Arietis Aries Ram Taurus Taupou ,, Tauri Taurus Bull to C Gemini AiSiV^f Gemellorum Gemini Twins _O Cancer KapKi«)u ,, Cancri Cancer Crab 5 Leo Atovros ,, Leonis Leo Lion "o Virgo Virginis, Sumbela Virgo Virgin S " Libra XijXuv Librae Libra Balance 0 Scorpio 2i£opir£ou , , Scorpionis Scorpius Scorpion o Sagittarius To|6rou ,, Sagittarii, Arcum Sagittarius Archer u Capricornus Ai76(cepwTos ,, Capricorn! Capricornus Goat Aquarius 'TSpoxoou ,, Effusoris aquae, Situla Aquarius Water-pourer c5 Pisces 'ix«*>» Piscis Pisces Fishes Cetus K^TOUS ,, Ceti Cete Sea-monster, ^ Whale !? Orion '12ptO^O7 ,, Gigantis Orion Orion Eridanus UorajuoD ,, Fluminis Eridanus fluvius River Q Lepus Aa7coroi). The next innovator of moment was Johann Bayer, a German astro- nomer, who published a Uranometria 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 1596 off Java. The Coelum stellatum Christianum 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. 328(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 1661, which represents " the sky delivered from pagans and peopled with Christians." A similar confusion was attempted by E. Weigelius, who sought to introduce a Coelum heraldicum, in which the constellations were figured as the arms or insignia of European dynasties, and by symbols of commerce. In Edmund Halley's southern catalogue (Catalogus stellarum australium), published in 1679 and incorporated in Flamsteed's Hisloria coeleslis (1725), the following constellations are named: — Piscis australis, Columba Noachi, Argo navis, Robur Caroli, Ara, Corona australis, Grus, Phoenix, Pavo, Apus or Avis Indica, Musca apis, Chameleon, Triangulum australe, Piscis volans, Dorado or Xiphias, Toucan or Anser Americanus, and Hydrus. Flamsteed's maps also contained Mons Menelai. This list contains nothing new except Robur Caroli, since Columba Noachi (Noah's dove) had been raised to the skies by Bartschius in 1624. The constellation Robur Caroli and also the star Cor Caroli (a Canum Venaticorum) were named by Halley in honour of Charles II. of England. In 1690 two posthumous works of Johann Hevelius (1611- 1687), the Firmamentum sobiescianum and Prodromus astrono- miae, added several new constellations to the list, viz. Canes venatici (the Greyhounds), Lacerta (the Lizard), Leo minor (Little Lion), Lynx, Sextans Uraniae, Scutum or Clypeus Sobieskii (the shield of Sobieski), Vulpecula et Anser (Fox and Goose), Cerberus, Camelopardus (Giraffe), and Monoceros (Unicorn); the last two were originally due to Jacobus Bart- schius. In 1679 Augustine Royer introduced the most interesting of the constellations of the southern hemisphere, the Crux australis or Southern Cross. He also suggested Nubes major, Nubes minor, and Lilium, and re-named Canes venatici the river CONSTIPATION— CONSTITUTION Jordan, and Vulpecula et Anser the river Tigris, but these innovations met with no approval. The Magellanic clouds, a collection of nebulae, stars and star-clusters 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 Orionis, the sword of Orion, or an ancient constellation may be subdivided, e.g. 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 australe slelliferum (1763), introduced the following new constellations: — Apparatus sculp toris (Sculptor's workshop), Fomax chemica (Chemical furnace), Horologium (Clock), Reticulus rhomboidalis (Rhomboidal net), Caela sculptoris (Sculptor's chisels), Equuleus pictoris (Painter's easel), Pyxis nautica (Mariner's compass), Antlia pneumatica (Air pump), Octans (Octant), Circinus (Com- passes), Norma alias Quadra Euclidis (Square), Telescopium (Telescope), Microscopium (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) (1795), Globus aerostaticus (Air balloon) (1798), and Felis (the Cat) (1799). Martin Poczobut introduced in 1777 Taurus Poniatovskii; Bode introduced the Honores Frederici (Honours of Frederick) (1786), Telescopium Herschelii (Telescope of Herschel) (1787), Machina electrica (Electrical machine) (1790), Officina typo- graphica (Printing press) (1799), and Lochium 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 (28). "Andromeda *Aquila * Auriga *Bootes Camelopardus "Canes venatici *Cassiopeia *Aquarius "Aries "Cancer Antlia (pneumatica) Apus *Ara Argo Caela sculptoris (Caelum) *Canis major Canis minor Carina *Centaurus *Cetus Chameleon Circinus Columba Noachi "Cepheus *Coma Berenices "Corona borealis "Cygnus "Delphinus Draco Equuleus "Capricprnus "Gemini "Leo Corona australis Corvus Crater Crux "Hercules Lacerta "Leo minor Lynx "Lyra ( Ophiuchus ? "Serpentarius Zodiacal (12). "Libra "Pisces "Sagittarius Southern (49). Lepus Lupus Malus Mons Mensae varies with individual cases, according to the cause at work, laxatives, dieting, massage, &c., being prescribed. CONSTITUENCY (from " constituent," that which forms a necessary part of a thing; Lat. constituere, to create), a political term for the body of electors 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. The term is also applied, in a transferred sense, to the readers of a particular newspaper, the customers of a business and the like. CONSTITUTION AND CONSTITUTIONAL LAW. The word constitution (conslilulio) 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 either be laws properly so called, or they may not — i.e. they may or may not be commands imposed by the sovereign body itself. The Pegasus "Perseus "Sagitta Serpens Triangulum "Ursa major "Ursa minor "Vulpecula et Anser Dorado "Eridanus Fornax chemica Grus Horologium "Hydra Hydrus Indus Microscopium Monoceros Musca australis Norma Octans "Orion Pavo Phoenix CONSTIPATION (from Lat. constipare, to press closely 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 English constitutional rule, for example, that the king and parliament are the sovereign, cannot be called a law; for a lawpresupposesthe fact which it asserts. And other rules, which are constantly observed in prac- tice, but have never beenenacted by the sovereign power, are in the same way constitutional laws which are not laws. It is an undoubted rule of the English constitution that the king shall not refuse his assent to a bill which has passed both Houses of Parliament.but it is certainly not a law. Should the king veto such a bill his action would be unconstitutional,but not illegal. On the other hand the rules re- lating to the election of members to the House of Commons are nearly all positive laws strictly so called. Constitutional law, as the phrase is commonly used, would include 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 trie meaning of the phrases in their stricter or more technical uses. Some wider meanings may be noticed. In the phrase constitutional "Scorpio "Taurus "Virgo. Pictpr (Equuleus pictoris) Piscis australis Puppis Recticulum Sculptor (Apparatus sculptoris) Scutum Sobieskii Sextans Telescopium Toucan Triangulum australe Vela Volans (Piscis volans) (C. E.*) CONSTITUTION government, a form 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 sense 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 modern Europe. Representation (q.v.), 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 modern 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 modern 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 unwritten, 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 the fact, con- stantly taking up new ground. In contrast with the mobility of an unwritten constitution is the fixity of a constitution written out, like that of the United States or Switzerland, in one authoritative code. The constitu- tion of the United States, drawn up at Philadelphia in 1787, is 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 bills, e.g. ex post facto 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 is 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 even 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 it affects any matter brought in question in any action. So, vice versa, the judges 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 recognized 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 (United States v. Callender, Wharton's State Trials, 688; State v. Main, 69 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; and, in fact, only 1 5 constitutional amendments had been adopted from 1789 up to 1909, the last being in 1870. In the same period the unwritten constitution of England has made a most marked advance, chiefly in 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 (see 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 i8th 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 cited 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 the Constitution, 1905), 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 1789 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, &c., 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 (ist ed. 1886? 3rd ed. 1909); see also A. L. Lowell, The Government of England (1908); W. Bagehot, The English Constitution; S. Low, The Governance of England (1904); A. V. Dicey, The Law of the Constitution (7th ed. 1909) ; W. Stubbs, Constitutional History of England (1878); R. Gneist, History of the English Constitution (Engl. trans. 1886); J. Macy, The English Constitution (New York, 1897); E. W. Ridges, Constitutional Law of England (1905); F. W. Maitland, Constitutional History of England (1908); G. B. Adams and H. M. Stephens, Select Documents of English Constitutional History (New York, 1901). For America, see C. E. Stevens, Sources of the Constitution of the United States (London and New York, 1894) ; G. T. Curtis, Constitutional History of the United States (2 vols., New York, 1 889-1 896) ; T. Mel . Cooley , General Principles of Constitutional Law in the United States (Boston, 1880; 3rd ed. 1898); S. G. Fisher, Evolution of the Constitution of the United States (Philadelphia, 1897); J. I. C. Hare, American Constitutional Law (2 vols., Boston, 1889) ; J. F. Jameson (ed.), Essays on the Constitutional History of the United States in the Formative Period, 1775-1789 (Boston, 1889); W. M. Meigs, Growth of the Constitution in the Federal Convention of 1787 (Philadelphia, 1900); and C. G. Tiedeman, Unwritten Con- stitution of the United Slates (New York, 1890). Also A. L. Lowell, Government and Parties in Continental Europe (2 vols., 1896); W. F. Dodd, Modern Constitutions (2 vols., Chicago, 1909), a collec- tion of the fundamental laws of twenty-two of the most important countries. " CONSTITUTION OF ATHENS " ('Aftjwtwv TroXtreia), a work attributed to the philosopher Aristotle (384-322 B.C.), forming one of a series of Constitutions (TroXi-racu), 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 ist century A.D., 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. Authorship. — 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 '\Oijvaio3V iro\iTtia, twenty-three are found in the papyrus. Of those not found in the papyrus, the majority appear to have come either 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 quern, viz. c. 42. i and c. 62. 2. In the former passage the democracy which is about to be described is spoken of as the " present constitution " (17 vvv Karatrraai's TTJS iroXireias). 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, Delos and Samos. This could only apply to the period after Chaeronea (338 B.C.). In c. 61. i, again, mention is made of a special Strategus eirt ras o-vnnopias; 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 Cephisophon (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 no reference to any event subsequent to the death of Philip in 336. "CONSTITUTION OF ATHENS' The only question as to authorship that can fairly be raised is the question whether it is by Aristotle or by a pupil; i.e. as to the sense in which it is " Aristotelian." The 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 Polities', e.g. c. 4 (Constitution of Draco) compared with Pol. 1274 b 15 i'Tos v6pm \ikv dai, TroXireip 5' VTrapxovo-y TOUS WT\MV); c. 8. i (the archons appointed by lot out of selected candidates) compared with Pol. 1274 a 17, and 1281 b3i (the archons elected by the demos); c. 17. i (total length of Peisistratus' reign, 19 years) compared with Pol. 1315 b 32 (total length, 17 years); c. 21. 6 (Cleisthenes left the clan and phratries unaltered) compared with Pol. 1319 b 20 (Cleisthenes increased the number of the phratries); c. 21. 2 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. (iii.) 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; Riihl, Cauer and Schvarcz in Germany; H. Richards and others in England. For. — (i.) 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, (ii.) The coincidence of the date assigned to its composition on internal grounds with the date of Aristotle's second residence in Athens, (iii.) Parallelisms of thought or expression with passages in the Politics; e.g. c. 16. 2 and 3 compared with Pol. 1318 b 14 and 1319 a 30; the general view of Solon's legislation compared with Pol. 1296 b i; c. 27. 3 compared with Pol. 1274 a 9. To argument (i.) 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 (ii.) 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 considerations have led the great majority of writers upon the subject to attribute the work to Aristotle himself. On this side are found Kenyon and Sandys among English scholars, and in Germany, Wilamowitz, Blass, Gilbert, Bauer, Bruno Keil, Busolt, E. Meyer, and many others. On the whole, it can hardly be doubted that the view which is supported by so great a weight of 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 either of variety of authorship or of incompleteness, though there are evidences of interpolation. Contents. — The treatise consists of two parts, one historical, and the other descriptive. The first forty -one chapters compose the former part, the remainder of the work the latter. The first part comprised an account of the original constitution of Athens, and of the eleven changes through which it successively passed (see c. 41). 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. 20, 21, the reforms of Cleisthenes. 22, changes introduced between Cleisthenes and the invasion of Xerxes. 23, 24, the supre- macy of the Areopagus, 479^-461 B.C. 25, its overthrow by Ephialtes. 26, 27, changes introduced in the time of Pericles. 28, the rise of the demagogues. 29-33, 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 I. Part II. describes the constitution as it existed at the period of the composition of the treatise (329-322 B.C.). It begins with an account of the conditions of citizenship and of the training of the ephebi (citizens between the ages of 18 and 20). In chapters 43-^9 the functions of the Council (fiovMi) and of the officials who act in concert with it are described. 5°"6° deal with the officials who are appointed by lot, of whom the most important are the nine Archons, to whose functions five chapters (55-59) are devoted. The military officers, who come under the head of elective officials, form the subject of c. 61. With c. 63 begins the section on the Law-courts, which occupied the remainder of the Constitution. This portion, with the exception of c. 63, is fragmentary in character, owing to the mutilated condition of the fourth roll of the papyrus on which it was written. It will thus be seen that the subjects which receive fullest treatment in Part II. are the Council, the Archons and the Law- courts. The Ecclesia, on the other hand, is dealt with very briefly, in connexion with the prytaneis and proedri (cc. 43, 44). Sources. — The labours of several workers in this field, notably 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), Thucydides (for the episode of Harmodius and Aristogeiton, and for the Four Hundred), Xenophon (for the Thirty), and the poems of Solon. There is now among critics a general consensus hi 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. Frorii it are derived not only the passages which are annalistic hi character and read like excerpts from a chronicle (e.g. c. 13. i, 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 lines out of 170 in cc. 5-11 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 Atthis 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. -^wpiov dreXes), or proverbial expressions (e.g. ri> ij.fi v\oKpt.vtiv) , 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 sth 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 cap 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. 2), i8 CONSUETUDINARY— CONSUL 27. 4 (Pericles' motive for the introduction of the dicasts' pay). But while the object (01 £Sov\onti>oi /3Xao-, c. 6) and the date of this oligarchical pamphlet (for the date cf. Plutarch's Solon, c. 15 ol irtpl Koviava KO! K.\fiviaar KO.L 'Iirirovucov, which points to a time when Conon, Alcibiades and Callias 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 Theramenes, whose ideal is alleged to have been the irarpias iroXiTtia. It has been maintained, on the one hand, that this last source (the authority followed 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 Atthis 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 Theramenes' side. Secondly, the precise marks of time, which are characteristic of the Atlhis, 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 his 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 sth 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 Atthis a much lower 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 Themistocles 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. He will look in vain, too, for any consistent view of the history of the constitution as a whole, or for 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. The 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. Ixvii., and, though less complete, down to the beginning of 1895 in Busolt, Griechische Geschichte, 2nd ed. vol. ii. 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, 3Oth January 1891, with commentary. Autotype facsimile of the papyrus (1891). Aristotelis voXirda 'Aff^vaUov, ed. G. Kaibel etU. von Wilamowitz-Moellendorff (Berlin, Weidmann, 1891). Aristotelis qui fertur 'A0i)va.iwv TroXirda 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 Solonische Verfassung nach Aristoteles (Berlin, 1892); G. Gilbert, Constitutional Antiquities of Sparta and Athens (Eng. trans., 1895); U. von Wila- mowitz-Moellendorff, Aristoteles und Athen (2 vols., Berlin, 1893), a work of great importance, in spite of many unsound conclusions; E. Meyer, Forschungen, vol. ii. pp. 406 ff. (the section dealing with the Four Hundred is especially valuable). Articles: R. \V. Macan, Journal of Hellenic Studies (April 1891); R. Nissen, Rheinisches Museum (1892), p. 161 ; G. Busolt, Hermes (1898), pp. 71 ff. ; O. Seeck, " Quellenstudien zu des Aristoteles' Verfassungsgeschichte Athens," in Lehmann's Beitrage zur alien Geschichte, vol. iv. pp. 164 and 270. (E. M. W.) CONSUETUDINARY (Med. Lat. consuetudinarius, from con- sueludo, 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 wraros, a shortened form of ffrptmjyo^ inraTos, 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 modem commercial office of consul see the separate article below.) The consulship arose with the fall of the ancient monarchy (see further ROME: History, II. " The Republic "). The Roman reverence for the abstract conception of the magistracy, as expressed in the imperium and the auspicia, led to the pre- servation of the regal power weakened only by external limitations. The two new officials who replaced the king bore the titles of leaders (praetores) and of judges (judices; cf. Cicero, De legibus, iii. 3. 8, " regie imperio duo sunto iique a praeeundo judicando . . . praetores judices . . . appellamino"). But the new fact of colleagueship caused a third title to prevail, that of consules or " partners," a word probably derived from con- salio on the analogy of praesul and exul (Mommsen, Staatsrecht, ii. 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 up 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 were bound to transmit their power to successors; and these successors whom they nominated were obliged to seek the suffrages of the CONSUL people. The only body known to us as electing the consuls during the republican period was the comitia cenluriata (see COMITIA). 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. The struggle was brought to an end by the Licinio -Sextian laws of 367 B.C., which enacted that one consul must be a plebeian (see PATRICIANS). 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 (provocatio) ; 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 443 B.C., and the rights of civil jurisdiction and control over the market and police to the praetor and the curule aediles 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 heads of the state. Polybius describes them as controlling the whole administration (Polyb. vi. 12 waffuv flat Kvpun TUV 617^0- aiuv irpa^eiav). 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 manifold. It was marked by the twelve lictors (2 bt . I 64 reduced to the forms £i 0102+63 i 0203+63 01020304 +620 304+630184 +6481 03 020304+0463+3264 ' ' ' are called the successive convergent! to the general continued fraction. Their numerators are denoted by pi, fa, p,, pt...\ their de- nominators by q\, 52, ?s, 54. .. We have the relations In the case of the fraction 01 — - _J _ * ..., we have the 02—03—04 — relations />„ = a»pn-i — bnp»-i, qn = o«On-i — 6»g»-s- Taking the quantities at. ..,&».'.. to be all positive, a continued fraction of the form 01+^ , ~ , • • .is called a continued fraction of the first class • a continued fraction of the form — — — .is at— o»— af — called a continued fraction of the second flass. A continued fraction of the form aH — . — , — , .. where 02+OJ + O4 + ai, 02, Oj, 04. .. are all positive integers, is called a simple continued fraction. In the case of this fraction Oi, O2, o3, at. . . are called the successive partial quotients. It is evident that, in this case, Pi, P-i, Pt- • •, 2i> 22, qs- • •, are two series of positive integers increasing without limit if the fraction does not terminate. The general continued fraction QI-| — - , — , — .. .is evidently 02+03+04 + equal, convergent by convergent, to the continued fraction X2X363 X3X.|64 + X3a, + \4fl4 +'•• ' " where X2> X3, \t, . . . are any quantities whatever, so that by choos- ing X262 = i, X2X363 = i, &c., it can be reduced to any equivalent con- tinued fraction of the form ai+-j- . -j- , -r .... 02+03+04 + Simple Continued Fractions. I. The simple continued fraction is both the most interesting and important kind of continued fraction. Any quantity, commensurable or incommensurable, can be expressed uniquely as a simple continued fraction, terminating in the case of a commensurable quantity, non-terminating in the case of an incommensurable quantity. A non-terminating simple con- tinued fraction must be incommensurable. In the case of a terminating simple continued fraction the number of partial quotients may be odd or even as we please by writing the last partial quotient, a, as an — I+T- The numerators and denominators of the successive convergents obey the law pnq^.i— pn_iO» = ( — l)n, from which it follows at once that every convergent is in its lowest terms. The other principal properties of the convergents are : — The odd convergents form an increasing series of rational fractions continually approaching to the value of the whole continued frac- tion ; the even convergents form a decreasing series having the same property. Every even convergent is greater than every odd convergent; every odd convergent is less than, and every even convergent greater than, any following convergent. Every convergent is nearer to the value of the whole fraction than any preceding convergent. Every convergent is a nearer approximation to the value of the whole fraction than any fraction whose denominator is less than that of the convergent. The difference between the continued fraction and the n'* con- vergent is less than - , and greater than °"+* . These limits OnSn+l need not always occur but must occur infinitely often. Continuants. The functions p* and ?», regarded as functions of n-i+&nAi-2, qn=°anqa-i +bnq,-i ; and the first two partial quotients are given by bi = pi, ai=qt, biOv = p2, 0102+62 = 32- If we form then the continued fraction inwJiich pi, pi, ps, . . ., pn are «i, Ui+ui, Ui+Ui+us, . . ., «i+«2+ • . . un, and q,, 32, Cs, . . ., qn are all unity, we find the series «i+«2+ . . . +«„ equivalent to the continued fraction Hi 11:: H-j Un_ which we can transform into ttl ttj Witts Ui a result given by Euler. 2. In this case the sum to n terms of the series is equal to the nth 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 ao+OiX+ 02^+ ... by an infinite continued fraction of the form ft ftjc fox fax I — I — I — I — ... Here the fraction converges to the sum to infinity of the series. Its nth convergent is not equal to the sum to n terms of the series. Expressions for ft, ft, ft, ... by means of determinants have been given by T. Muir (Edinburgh Transactions, vol. xxvii.). A method was given by I. 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(»+i,*)-F(n,*) = - whence we obtain i + i + . . ., which may also be written 7 x x 7+7 + I+7 + 2+. .. By putting ±*!/4 for x in F(o,x) and F(i,x), and putting at the same time 7 = 1/2, we obtain x x* x* x1 These results were given by Lambert, and used by him to (prove that T and ir2 are incommensurable, and also any commensurable power of e. Gauss in his famous memoir on the hypergeometric series gave the expression for F(a, /3+i, 7+1, x)-^F(a, ft, y, x) as a con- tinued fraction, from which if we put /3 = o and write 7 — 1 for 7, we get the transformation & ! 2(7+1 -a) (7+2X7+3)" n-l-a) (y+2n-2)(y+2n-iy From this we may express several of the elementary series as continued fractions; thus taking 0=1, 7 = 2, and putting * for — x, . . Taking 7=1, writing x/a for x and increasing o indefinitely, we I x x x x x haVCe -1-1 +2-3+2-5 + ... For some recent developments in this direction the reader may consult a paper by L. J. Rogers in the Proceedings of the London Mathematical Society (series 2, vol. 4). Ascending Continued Fractions. There is another type of continued fraction called the ascending continued fraction, the type so far discussed being called the descend- ing continued fraction. It is of no interest or importance, though both Lambert and Lagrange devoted some attention to it. The notation for this type of fraction is , , 04 H 62+ 03 ~ It is obviously equal to the series 1 ^'.i. bs , b, + ... 02 OoOs ' 020304 0203040* Historical Note. The invention of continued fractions is ascribed generally to Pietro Antonia Cataldi, an Italian mathematician who died in 1626. He used them to represent square roots, but only for particular numerical examples, and appears to have had no theory on the subject. A previous writer, Rafaello Bombelli, had used them in his treatise on Algebra (about 1579), and it is quite possible that Cataldi may have got his ideas from him. His chief advance on Bombelli was in his notation. They next appear to have been used by Daniel Schwenter (1585-1636) in a Geometrica Practica published in 1618. He uses them for approximations. The theory, however, starts with the publica- tion in 1655 by Lord Brouncker of the continued fraction i i2 '" ^2 fj.-j-l-2 + 2+ as an equivalent of 7T/4. This he is supposed to have deduced, no one knows how, from Wallis' formula for 4/7r,viz. 3.3.5-5.7.7... 2.4.4.6.6.8. . . John Wallis, discussing this fraction in his Arithmetica In- finitorum (1656), gives many of the elementary properties of the convergents to the general continued fraction, including the rule for their formation. Huygens (Descriptio automati planetarii, 1703) uses the simple continued fraction for the purpose of approximation when designing the toothed wheels of his Planet- arium. Nicol Saunderson (1682-1739), Euler and Lambert helped in developing the theory, and much was done by Lagrange in his additions to the French edition of Euler's Algebra (1795). Moritz A. Stern wrote at length on the subject in Crelle's Journal (x., 1833; xi., 1834; xviii., 1838). The theory of the con- vergence of continued fractions is due to Oscar Schlomilch, P. F. Arndt, P. L. Seidel and Stern. O. Stolz, A. Pringsheim and E. B. van Vleck have written on the convergence of infinite continued fractions with complex elements. REFERENCES. — For the further history of continued fractions we may refer the reader to two papers by Gunther and A. N. Favaro, Bulletins di bibliographia e di storia delle scienze mathematische e fisiche, t. vii., and to M. Cantor, Geschichte der Mathematik, 2nd Bd. For text-books treating the subject in great detail there are those of G. Chrystal in English; Serret's Cours d'algebre superieure in French ; and in German those of Stern, Schlomilch, Hatterdorff and Stolz. For the application of continued fractions to the theory of CONTOUR— CONTRABAND 33 irrational numbers there is P. Bachmann's Vorlesungen uber die Natur der Irralionalzahnen (1892). For the application of continued fractions to the theory of lenses, see R. S. Heath's Geometrical Optics, chaps, iv. and v. For an exhaustive summary of all that has been written on the subject the reader may consult Bd. i of the Ency- klopddie der mathematischen Wissenschaften (Leipzig). (A. E. J.) CONTOUR, CONTOUR-LINE (a French word meaning generally " outline," from the Med. Lat. contornare, 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 elevation passing through the land shown on the map, and the contour-line is the intersection of that horizontal plane with the surface of the ground. The contour-line of o, or datum level, is the coastal boundary of any land form. If the sea be imagined as rising too ft., a new coast-line, with bays and estuaries indented in the valleys, would appear at the new sea-level. If the sea sank once more to its former level, the loo-ft. contour-line with all its irregularities would be represented by the beach mark made 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 levels 100 ft. above one another would be marked daily upon the land until at last the highest mountain peaks appeared as islands less than 100 ft. high. A record of this series of advances marked upon a flat map of the original country would give a series of concentric contour-lines narrowing towards the mountain- tops, which they would at last completely surround. Contour- lines of this character are marked upon most modern maps of small areas and upon all government survey and military maps at varying intervals according to the scale of the map. CONTRABAND (Fr. contrebande, from contra, against, and bannum, Low Lat. for " proclamation "), a term given generally to illegal traffic; and particularly, as " contraband of war," to goods, &c., which subjects of neutral states are forbidden by international law to supply to a belligerent. According to current practice contraband of war is of two kinds: (i) absolute or unconditional contraband, i.e. materials of direct application in naval or military armaments; and (2) conditional contraband, consisting of articles which are fit for, but not necessarily of direct application to, hostile uses. There is much difference of opinion among international jurists and states, however, as to the specific materials and articles which may rightfully be declared by belligerents to belong to either class. There is also disagreement as to the belligerent right where the immediate destination is a neutral but the ultimate an enemy port. An attempt was made at the Second Hague Conference to come to an agreement on the chief points of difference. The British delegates were instructed even to abandon the principle of contraband of war altogether, subject only to the exclusion by blockade of neutral trade from enemy ports. In the alterna- tive they were to do their utmost to restrict the definition of contraband within the narrowest possible limits, and to obtain exemption of food-stuffs destined for places other than be- leaguered fortresses and of raw materials required for peaceful industry. Though the discussions at the conference did not result in any convention, except on the subject of mails, it was agreed among the leading maritime states that an early attempt should be made to codify the law of naval war generally, in connexion with the establishment of an international prize court (see PRIZE). Meanwhile, on the subject of mails, important articles were adopted which figure in the " Convention on restric- tions in the right of capture " (No. 1 1 of the series as set out in the General Act, see PEACE CONFERENCE). They are as follows: — ART. i. — The postal correspondence of neutrals or belligerents, •hatever its official or private character may be, found on the high seas on board a neutral or enemy ship is inviolable. If the ship is detained, the correspondence is forwarded by the captor with the least possible delay. The provisions of the preceding paragraph do not apply, in case of violation of blockade, to correspondence destined for, or proceeding from, a blockaded port. VII. 2 "* , ART. II. — Theinviolability of postal correspondence does 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 liquors fit for the consumption of the enemy's naval or military forces are contraband. p0oa- Her Prize Act, however, provides a palliative, in the stalls and case of " naval or victualling stores," for the penalty *"*' attaching to absolute contraband, the lords of the emptioa- admiralty being entitled to exercise a right of pre-emption over such stores, i:e. to purchase them without condemnation in a prize 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 discussions on the subject in the Institute of Inter- national Law, a body composed exclusively of recognized international jurists. The rules this body adopted in 1896, 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 (objets) which, on 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 . ComL Conference in 1884 the Russian representative pro- tested against its inclusion among contraband articles, but the Russian government included it 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 Prize 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 1904-5, 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 hand, led to Coatro. much controversy between the British government vcrsv wm, and that of Russia, in connexion with the latter's Russia la pretension to class coal, rice, provisions, forage, horses *"* and cotton with arms, ammunition, explosives, &c., as War. absolute contraband. On June i , i9O4,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 they 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 are 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 underwhich " 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 22, 1904, a rectifying notice was issued 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 its 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 u, 1904) that the prohibition of cotton applied only to raw cotton suitable for the manufacture of 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, Analogues properly so called, the term applied to it in international 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 facie 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, ,. . Continuous is enemy s territory, then, according to the doctrine voyages, 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 origin1 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 case of the " Doelwijk," 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 Institute of International Law in 1896 adopted the following rule on the subject: — " 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 (etape) towards the enemy as the final destination of a single com- mercial operation." During the South African War (1890-1902) 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 (1908-1909) on the laws and customs of naval war, in the following articles : — ART. 22. — The following articles may, without notice, be treated as contraband of war, under the name of absolute contraband: (l) Arms of all kinds, including arms for sporting purposes, and their distinctive component parts; (2) projectiles, charges and cartridges of all kinds, and their distinctive component parts; (3) powder and explosives specially prepared for use in war; (4) gun-mountings, limber boxes, limbers, military wagons, field forges and their dis- tinctive component parts; (5) clothing and equipment of a distinct- ively military character; (6) all kinds of harness of a distinctively military character; (7) saddle, draught and pack animals suitable for use in war; (8) articles of camp equipment and their distinctive component parts; (9) armour plates; (10) warships, including boats, and their distinctive component parts of such a nature that they can only be used on a vessel of war; (l l) implements and apparatus designed exclusively for the manufacture of munitions of war, for the 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 the list of absolute contraband by a declaration, which must be notified. Such notification must be addressed to the governments of other powers, or to their representatives accredited to the power making the declaration. A notification made after the outbreak of hostilities is addressed only to neutral powers. ART. 24. — The following articles, susceptible of use in war as well as for purposes of peace, may, without notice, be treated as contra- band of war, under the name of conditional contraband: (i) Food- stuffs; (2) forage and grain, suitable for feeding animals; (3) clothing, fabrics for clothing, and boots and shoes, suitable for use in war; (4) gold and silver in coin or bullion; paper money; (5) vehicles of all kinds available for use in war, and their component parts; (6) vessels, craft and boats of all kinds; floating docks, parts of docks and their component parts; (7) railway material, both fixed and rolling-stock, and material for telegraphs, wireless telegraphs and telephones; (8) balloons and flying machines and their dis- tinctive component parts, together with accessories and articles recognizable as intended for use in connexion with balloons and flying machines; (9) fuel; lubricants; (10) powder and explosives not specially prepared for use in war; (u) barbed wire and imple- ments for fixing and cutting the same; (12) horseshoes and shoeing materials; (13) harness and saddlery; (14) field glasses, telescopes, chronometers and all kinds of nautical instruments. 1 See Springbok case, 1866, 5 Wallace I.; on Doelwijk case see Brusa, Rev. gen. de droit international public (1897); Fauchille td. (1897), p. 291, also The Times, April 15, May 25, June I, 1897. CONTRACT 35 ART. 25. — Articles susceptible of use in war as well as for purposes of peace, other than those enumerated in Articles 22 and 24, may be added to the list of conditional contraband by a declaration, which must be notified in the manner provided for in the second paragraph of Article 23. ART. 26. — If a power waives, so far as it is concerned, the right to treat as contraband of war an article comprised in any of the classes enumerated in Articles 22 and 24, such intention shall be announced by a declaration, which must be notified in the manner provided for in the second paragraph of Article 23. ART. 27. — Articles which are not susceptible of use in war may not be declared contraband of war. ART. 28. — The following may not be declared contraband of war: (l) Raw cotton, wool, silk, jute, flax, hemp and other raw materials of the textile industries, and yarns of the same; (2) oil seeds and nuts; copra; (3) rubber, resins, gums and lacs; hops; (4) raw hides and horns, bones and ivory; (5) natural and artificial manures, including nitrates and phosphates for agricultural purposes; (6) metallic ores; (7) earths, clays, lime, chalk, stone, including marble, bricks, slates and tiles; (8) Chinaware and glass; (9) paper and paper-making materials; (10) soap, paint and colours, including articles exclusively used in their manufacture, and varnish; (n) bleaching powder, soda ash, caustic soda, salt cake, ammonia, sulphate of ammonia and sulphate of copper; (12) agricultural, mining, textile and printing machinery; (13) precious and semi- precious stones, pearls, mother-of-pearl and coral; (14) clocks and watches, other than chronometers; (15) fashion and fancy goods; (16) feathers of all kinds, hairs and bristles; (17) articles of house- hold furniture and decoration; office furniture and requisites. ART. 29. — Likewise the following may not be treated as contraband of war: (l) Articles serving exclusively to aid the sick and wounded. They can, however, in case of urgent military necessity and subject to the payment of compensation, be requisitioned, if their destination is that specified in Article 30; (2) articles intended for the use of the vessel in which they are found, as well as those intended for the use of her crew and passengers during the voyage. ART. 30. — Absolute contraband is liable to capture if it is shown to be destined to territory belonging to or occupied by the enemy, or to the armed forces of the enemy. It is immaterial whether the carriage of the goods is direct or entails transhipment or a subsequent transport by land. ART. 31. — Proof of the destination specified in Article 30 is com- plete in the following cases: (i) When the goods are documented for discharge in an enemy port, or for delivery to the armed forces of the enemy; (2) when the vessel is to call at enemy ports only, or when she is to touch at an enemy port or meet the armed forces of the enemy before reaching the neutral port for which the goods in question are documented. ART. 32. — Where a vessel is carrying absolute contraband, her papers are conclusive proof as to the voyage on which she is engaged, unless she is found clearly out of the course indicated by her papers and unable to give adequate reasons to justify such deviation. ART. 33. — Conditional contraband is liable to capture if it is shown to be destined for the use of the armed forces or of a government department of the enemy state, unless in this latter case the circum- stances show that the goods cannot in fact be used for the purposes of the war in progress. This latter exception does not apply to a consignment coming under Article 24 (4). ART. 34. — The destination referred to in Article 33 is presumed to exist if the goods are consigned to enemy authorities, or to a con- tractor established in the enemy country who, as a matter of common knowledge, supplies articles of this kind to the enemy. A similar presumption arises if the goods are consigned to a fortified place belonging to the enemy, or other place serving as a base for the armed forces of the enemy. No such presumption, however, arises in the case of a merchant vessel bound for one of these places if it is sought to prove that she herself is contraband. In cases where the above presumptions do notarise, the destination is presumed to be innocent. The presumptions set up by this article may be rebutted. ART. 35. — Conditional contraband is not liable to capture, except when found on board a vessel bound for territory belonging to or occupied by the enemy, or for the armed forces of the enemy, and when it is not to be discharged in an intervening neutral port. The ship's papers are conclusive proof both as to the voyage on which the vessel is engaged and as to the port of discharge of the goods, unless she is found clearly out of the course indicated by her papers, and unable to give adequate reasons to justify such deviation. ART. 36. — Notwithstanding the provisions of Article 35, con- ditional contraband, if shown to have the destination referred to in Article 33, is liable to capture in cases where the enemy country has no seaboard. ART. 37. — A vessel carrying goods liable to capture as absolute or conditional contraband may be captured on the high seas or in the territorial waters of the belligerents throughout the whole of her voyage, even if she is to touch at a port of call before reaching the hostile destination. ART. 38. — A vessel may not be captured on the ground that she has carried contraband on a previous occasion if such carriage is in point of fact at an end. ART. 39. — Contraband goods are liable to condemnation. ART. 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. ART. 41. — If a vessel carrying contraband is released, she may be condemned to pay the costs and expenses incurred by the captor in respect of the proceedings in the national prize 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 vessel are liable to condemnation. ART. 43. — If a vessel is encountered at sea 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 rule 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 the existence of a state of war, or of a declaration of contraband, if she left a neutral port subsequently to the notification to the power to which such port belongs of the outbreak of hostilities or of the 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 hostilities. 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 el devoirs des nations neutres (2nd ed., 1858); Perels, Droit maritime international, traduit par Arendt (Paris, 1884) ; Moore, Digest of International Law (1906) ; L. Oppen- heim, International Law (1907); Barclay, Problems of International Practice and Diplomacy (1907). See also Hall, International Law on Analogues of Contraband', Smith and Sibley, International Law as interpreted during the Russo-Japanese War, 1905, on " Malacca " and " Prinz Heinrich " cases (mails). (T. BA.) CONTRACT (Lat. contractus, from contrahere, to draw together, to bind), the legal term for a bargain or agreement; some writers, following the Indian Contract Act, confine the term to agree- ments enforceable by law: this, though not yet universally adopted, seems 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 had 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, which claimed acceptance in the name neither of Justinian nor of the Church, but of universal reason. It was amply proved afterwards that the foundations of the Roman system were strong enough to carry the fabric of modern 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. In 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 case, and not much in the two latter. Probably the settlement of a blood-feud, with provisions for the payment of the fine 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. Jt 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 either, 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 Blackstone'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 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 word, 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 proof. ° 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 under Roman influence, but, once admitted, it acquired the character of being conclusive which belonged to all proof in early Germanic procedure. Oath, ordeal and battle were all final in their results. When the process was started there was no room for discussion. So the sealed writing was final too, and a man could not deny his own deed. We still say that he cannot, but with modern refinements. Thus the deed, being allowed as a solemn and probative document^ furnished a means by which a man could bind himself, or rather effectually declare himself bound, to anything not positively forbidden by law. Whoever could afford parchment and the services of a clerk might have the benefit of a " formal contract " in the Roman sense of the term. At this day the form of deed called a bond or " obligation " is, as it stands settled after various experiments, extremely artificial; but it is essentially a solemn admission of liability, though its conclusive stringency has been relaxed by modern legislation and practice in the interest of sub- stantial justice. By this means the performance of all sorts of undertakings, pecuniary and otherwise, could be and was legally secured. Bonds were well known in the I3th century, and from the 1 4th century onwards were freely used for commercial and other purposes; as for certain limited purposes they still are. The " covenant " of modern draftsmen is a direct promise made by deed; it occurs mainly as incident to conveyances of land. The medieval " covenant," conventio, was, when we first hear of it, practically equivalent to a lease, and never became a common instrument of miscellaneous contracting, though the old books recognize the possibility of turning it to various uses of which there are examples; nor had it any sensible influence on the later development of the law. On the whole, in the old common law one could do a great deal by deed, but very little without deed. The minor bargains of daily life, so far as they involved mutual credit, were left to the jurisdiction of inferior courts, of the Law Merchant, and — last, not least— of the Church. Popular custom, in all European countries, recognized simpler ways of pledging faith than parchment and seal. A handshake was enough to bind a bargain. Whatever secular law might say, the Church said it was an open sin to break iaelio. plighted faith; a matter, therefore, for spiritual correction, in other words, for compulsion exercised on the defaulter by the bishop's or the archdeacon's court, armed with the power of excommunication. In this way the ecclesiasti- cal courts acquired much business which was, in fact, as secular as that of a modern county court, with the incident profits. Medieval courts lived by the suitors' fees. What were the king's judges to do? However high they put their claims in the course of the rivalry between Church and Crown, they could not effectually prohibit the bishop or his official from dealing with matters for which the king's court provided no remedy. Con- tinental jurists had seen their way, starting from the Roman system as it was left by Justinian, to reduce its formalities to a vanishing quantity, and expand their jurisdiction to the full breadth of current usage. English judges could not do this in the isth century, if they could ever have done so. Nor would simplification of the requisites of a deed, such as has now been introduced in many jurisdictions, have been of much use at a time when only a minority even of well-to-do laymen could write with any facility. There was no principle and no form of action in English law which recognized any general duty of keeping promises. But could not breach of faith by which a party had suffered be treated as some kind of legal wrong ? There was a known action of trespass and a known action of deceit, this last of a special kind, mostly for what would now be called abuse of the process of the court ; but in the later middle ages it was an admitted remedy for giving a false warranty on a sale of goods. Also there was room for actions " on the case," on facts analogous to those covered by the old writs, though not precisely within their terms. If the king's judges were to capture this important branch of business from the clerical hands which threatened to engross it, the only way was to devise sorne new form of action on the case. There were signs, moreover, that the court of chancery would not neglect so promising a field if the common law judges left it open. CONTRACT 37 The mere fact of unfulfilled promise was not enough, in the eyes of medieval English lawyers, to give a handle to the law. Attamaslt. But inJurv caused by reliance on another man's under- taking was different. The special undertaking or " assumption " creates a duty which is broken by fraudulent or incompetent miscarriage in the performance. I profess to be a skilled farrier, and lame your horse. It is no trespass, because you trusted the horse to me; but it is something like a trespass, and very like a deceit. I profess to be a competent builder; you employ me to build a house, and I scamp the work so that the house is not fit to live in. An action on the case was allowed without much difficulty for such defaults. The next step, and a long one, was to provide for total failure to perform. The builder, instead of doing bad work, does nothing at all within the time agreed upon for completing the house. Can it be said that he has done a wrong? At first the judges felt bound to hold that this was going too far; but suitors anxious to have the benefit of the king's justice persevered, and in the course of the isth century the new form of action, called assumpsit from the statement of the defendant's undertaking on which it was founded, was allowed as a remedy for non-performance as well as for faulty performance. Being an action for damages, and not for a certain amount, it escaped the strict rules of proof which applied to the old action of debt; being in form for a kind of trespass, and thus a privileged appeal to the king to do right for a breach of his peace, it escaped likewise the risk of the defendant clearing himself by oath according to the ancient popular procedure. Hence, as time went on, suitors were em- boldened to use " assumpsit " as an alternative for debt, though it had been introduced only for cases where there was no other remedy. By the end of the i6th century they got their way ; and it became a settled doctrine that the existence of a debt was enough for the court to presume an undertaking to pay it. The new form of action was made to cover the whole ground of informal contracts, and, by extremely ingenious devices of pleading, developed from the presumption or fiction that a man had promised to pay what he ought, it was extended in time to a great variety of cases where there was in fact no contract at all. The new system gave no new force to gratuitous promises. For it was assumed, as the foundation of the jurisdiction, that the plaintiff had been induced by the defendant's undertaking, and with the defendant's consent, to alter his position for the worse in some way. He had paid or bound himself to pay money, he had parted with goods, he had spent time in labour, or he had foregone some profit or legal right. If he had not committed himself to anything on the strength of the defendant's promise, he had suffered no damage and had no cause of action. Disappointment of expectations is unpleasant, but it is not of itself damnum in a legal sense. To sum up the effect of this in modern language, the plaintiff must have given value of some kind, more or less, for the defendant's undertaking. This something given by the promisee and accepted by the promisor in return for his undertaking is what we now call the consideration for the promise. In cases where debt would also lie, it coincides with the old requirement of value received (quid pro quo) as a condition of the action of debt being available. But the conception is far wider, for the consideration for a promise need not be anything capable of delivery or possession. It may be money or goods; but it may also be an act or series of acts ; further (and this is of the first importance for our modern law), it may itself be a promise to pay money or deliver goods, or to do work, or otherwise to act or not to act in some specified way. Again, it need not be anything which is obviously for the promisor's benefit. His acceptance shows that he set some value on it; but in truth the promisee's burden, and not the promisor's benefit, is material. The last refinement of holding that, when mutual promises are exchanged between parties, each promise is a consideration for the other and makes it binding, was conclusively accepted only in the lyth century. The result was that promises of mere bounty could no more be enforced 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 paclum, 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 pacio non 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 Deeds 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 defied 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 position 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 aad otfer 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 i8th 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 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 spondeace. yet anv ru^e ^at can ^e ffamed must seem arbitrary in some cases. On the whole the modern doctrine is to some such effect as the following: — The proposer of a contract can prescribe or authorize 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 his 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 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. All auxiliary rules of this kind are subject to the actual will of the parties, and are applied only for want of sufficient declaration of it by the parties themselves. A rule which can take effect against the judicially known will of the parties is not a rule of construction or interpretation, but a positive rule of law. How- ever artificial some rules of construction may seem, this test will always hold. In modern times the courts have avoided laying down new rules of construction, preferring to keep a free hand and deal with each case on its merits as a whole. It should be observed that the fulfilment of a contract may create a relation between the parties which, once established, is governed by fixed rules of law not variable by the preceding agreement. Marriage is the most conspicuous example of this, and perhaps the only complete one in our modern law. There are certain rules of evidence which to some extent guide or restrain interpretation. In particular, oral testimony is not allowed to vary the terms of an agreement BvU a reduced to writing. This is really in aid of the parties' deliberate intention, for the object of reducing terms to writing is to make them certain. There are apparent exceptions to the rule, of which the most conspicuous is the admission of evidence to show that words were used in a special meaning current in the place or trade in question. But they are reducible, it will be found, to applications (perhaps over-subtle in some cases) of the still more general principles that, before giving legal force to a document, we must know that it is really what it purports to be, and that when we do give effect to it according to its terms we must be sure of what its terms really say. The rules of evidence here spoken of are modern, and have nothing to do with the archaic rule already mentioned as to the effect of adeed. Every contracting party is bound to perform his promise according to its terms, and in case of any doubt in the sense in which the other party would reasonably understand the promise. Where the performance on one or both formance. sides extends over an appreciable time, continuously or by instalments, questions may arise as to the right of either party to refuse or suspend further performance on the ground of some default on the other side. Attempts to lay down hard and fast rules on such questions are now discouraged, the aim of the courts being to give effect to the true substance and intent of the contract in every case. Nor will the court hold one part of the terms deliberately agreed to more or less material than another in modern business dealings. " In the contracts of merchants time is of the essence," as the Supreme Court of the United States has said in our own day. Certain ancient rules restraining the apparent literal effect of common provisions in mortgages and other instruments were in truth controlling rules of policy. New rules of this kind can be made only by legislation. Whether the parties did or did not in fact intend the obligation of a contract to be subject to unexpressed CONTRACT 39 Illegality. conditions is, however, a possible and not uncommon question of interpretation. One class of cases giving rise to such questions is that in which performance becomes impossible by some external cause not due to the promisor's own fault; a similar but not identical one is that in which the agreement could be literally performed, and yet the performance would not give the promisor the substance of what he bargained for; as happened in the " coronation .cases " arising out of the post- ponement of the king's coronation in 1902. As to promises •obviously absurd or impossible from the first, they are un- enforceable only on the ground that the parties cannot have seriously meant to create a liability. For precisely the same reason, supported by the general usage and understanding of mankind, common social engagements, though they often fulfil all other requisites of a contract, have never been treated as binding in law. In all matters of contract, as we have said, the ascertained will of the parties prevails. But this means a will both lawful and free. Hence there are limits to the force of the general rule, fixed partly by the law of the land, which is above individual will and interests, partly by the need of securing good faith and justice between the parties themselves against fraud or misadventure. Agreements cannot be enforced when their performance would involve an offence against the law. There may be legal offence, it must be remembered, not only in acts commonly recognized as criminal, disloyal or immoral, but in the breach or non-observance of positive regula- tions made by the legislature, or persons having statutory authority, for a great variety of purposes. It would be useless to give details on the subject here. Again, there are cases where an agreement may be made and performed without offending the law, but on grounds of " public policy " it is not thought right that the performance should be a matter of legal obligation, even if the ordinary conditions of an enforceable contract are satisfied. A man may bet, in private at any rate, if he likes, and pay or receive as the event may be; but for many years the winner has had no right of action against the loser. Un- fortunate timidity on the part of the judges, who attempted to draw distinctions instead of saying boldly that they would not entertain actions on wagers of any. kind, threw this topic into the domain of legislation; and the laudable desire of parliament to discourage gambling, so far as might be, without attempting impossible prohibitions, has brought the law to a state of ludicrous complexity in both civil and criminal jurisdic- tion. But what is really important under this doctrine of public policy is the confinement of " contracts in restraint of trade " within special limits. In the middle ages and down to modern times there was a strong feeling — not merely an artificial legal doctrine — against monopolies and everything tending to mono- poly. Agreements to keep up prices or not to compete were regarded as criminal. Gradually it was found that some kind of limited security against competition must be allowed if such transactions as the sale of a going concern with its goodwill, or the retirement of partners from a continuing firm, or the employment of confidential servants in matters involving trade secrets, were to be carried on to the satisfaction of the parties. Attempts to lay down fixed rules in these matters were made from time to time, but they were finally discredited by the decision of the House of Lords in the Maxim-Nordenfelt Com- pany's case in 1894. Contracts " in restraint of trade " will now be held valid, provided that they are made for valuable considera- tion (this even if they are made by deed), and do not go beyond what can be thought reasonable for the protection of the interests concerned, and are not injurious to the public. (The Indian Contract Act, passed in 1872, has unfortunately embodied views now obsolete, and remains unamended.) All that remains of the old rules in England is the necessity of valuable considera- tion, whatever be the form of the contract, and a strong pre- sumption— but not an absolute rule of law — that an unqualified agreement not to carry on a particular business is not reasonable. Where there is no reason in the nature of the contract for not Fraud. 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 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 FRAUD). 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 jealousy, and repress under the name of "undue influence" when it is used to obtain pecuniary advantage. Persons in a position of legal or practical authority — guardians, confidential advisers, spiritual directors, and the like — must not abuse their authority for selfish ends. They are not forbidden to take benefits from those who depend on them or put their trust in them; but if they do, and the givers repent of their bounty, the whole burden of proof is on the takers to show that the gift 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 civilized 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 1900 has fixed and (as finally interpreted by the House of Lords) also sharpened these 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 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 inadver- 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 property 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 in the modern 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 is 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 Mistake, 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 is 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," i.e. Disability. sucn 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 which are available against all the world. Nevertheless property, 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 clearly defined. AUTHORITIES.— History: Ames, "The History of Assumpsit," Harvard Law Rev. ii. I, 53 (Cambridge, Mass. 1889); Pollock and Maitland, History of English Law, 2nd ed., ii. 184-239 (Cambridge, 1898). Modern: Pollock, article " Contract " in Encyclopaedia of the Laws of England (2nd ed., London, 1907), a technical summary of the modern law ; the same writer's edition of the Indian Contract Act (assisted by D. F. Mulla, London and Bombay, 1905) restates and discusses the principles of the common law besides commenting on the provisions of the Act in detail. Of the text-books, Anson, English Law of Contract, reached an eleventh edition in 1906; Harriman, Law of Contracts (second edition, 1901) ; Leake, Principles of the Law of Contract (fifth edition by Randall, 1906); Pollock, Principles of Contract (eighth edition, 1910, third American edition, Wald's completed by Williston, New York, 1906). O. W. Holmes's (justice of the Supreme Court of the United States) The Common Law (Boston, Mass. 1881) is illuminating on contract as on other legal topics, though the percent writer cannot accept all the learned judge's historical conjectures. (F. Po.) CONTRACTILE VACUOLE, in biology, a spherical space rilled 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 turgescence, such as would lead to the rupture of a naked cell, and we conclude that its chief function is to prevent such turgescence 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. Hartog, British Association Reports, and Degen, Botanische Zeitung, vol. Ixiii. Abt. I (1905) (see also PROTOZOA; PROTOPLASM). CONTRADICTION, PRINCIPLE OF (principium contradic- tionis), 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 (ri> yap aM md.p-x.tiv re /cat ^17 inrapxtiv adwarov rtf aiir which he called sub-contrafagotto in 1867, while Mahillon's was ready in 1868. In the brass contrafagotto the lateral holes are pierced at theoretically correct intervals along the bore, and have 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 bore and its large calibre. There are therefore two octave keys which give a chromatic compass -* 8va. ba«a. The modern wooden contrafagotto has a pitch one octave below that of the bassoon and three below that of the oboe; its compass extending from 16 ft. C. to middle C. The harmonics of the octave in the middle register and of the 1 2th 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. FIG. 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 contrafagotto has a complete chromatic compass, and it 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-speaking 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 contrafagotto, like that of the oboe (?.».) must be sought in the highest antiquity (seeAuLOs). Its immediate forerunner was the double bombard or bombardino or the great double quint- <§= pommer whose compass extended downwards to E It is not known precisely when the change took place, though it was probably soon after 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. Lampc at the Marylebone 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 obblieato for it in Fidelia. It was restored to favour in England by Dr W. H. Stone. (K. S.) CONTRALTO (from Ital. contra-alto, 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 CONTRAPUNTAL FORMS organized 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 HARMONY). 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." Fere, 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. Canonic 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 are canonic and where the material of the leading part consists of a pre-determined 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 isth and i6th 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 rota as practised in the izth 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 i2th 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 nascent harmonic principles and ancient anti-harmonic criteria which hopelessly wrecks them as regards euphony. As soon as harmony became established on a true artistic basis, the unaccompanied round took the position of a trivial but refined art-form, with 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 Celebrons sans cesse is a beautiful example of the i6th 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 of 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 instrumentally 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 had 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 d' 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 addition 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 Cosi fan tutte, the quartet in the last act of Cherubini's Faniska, the wonderfully subtle quartet " Mir ist 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 pth 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 rotates, 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 COUNTERPOINT). Its difficulty is CONTRAPUNTAL FORMS 43 variable, and with an instrumental accompaniment there is none. 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- subjects of a fugue change their positions, revealing fresh melodic and acoustic aspects of identical harmonic structure at every turn. 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 his counterpoint, and also to put them into whatever key he chooses. An 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 round, are considerable when the canonic form is strictly maintained, and are inexhaustible when it is treated freely. A canon 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; and thus we have obviously a definite means of expression in the difference of closeness with which various canonic parts may enter, as, for instance, in the stretto of a fugue. Again, if the answering part enters on an unaccented beat where the leader began on the accent, there will be artistic value in the resulting difference of rhythmic expression. This is the device known as per arsin et thesin. 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 2nd at the opening of the Recordare in Mozart's Requiem is attainable by no other technical means. The close canon in the 6th at the distance of one minim in re- versed accent in Bach's eighteenth Goldberg variation owes all its smooth harmonic expression to the fact that the two canonic parts move in sixths which would be 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 give harmonic variety to the whole. 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, and in 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 his sonatas op. 106 and no, adapted augmentation and diminution to modern varieties of thematic expression, by employing them in triple 1 But see the E. major fugue in the second book of the WoM- temperirtes Klavier, 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 Fuge, most of Purcell's 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 his Forty-eight Preludes and Fugues, in the finale of Beethoven's sonata, op. 106, 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 cancrizans, 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 as the eye. This is to be found in 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, thus 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 fughetta of Bach; as in the Kyrie of Palestrina's Mass, Salve Regina. 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 Kunst der Fuge Bach has shown with the utmost clearness how hi 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 2th and i3th (which are invertible bodily) are academic exercises outside the range of free artistic work. On the other hand, the less complicated stretto-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 i6th 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 sonata style, and even gave rise to valuable works of art (e.g. the fugues in Haydn's quartets, op. 20). 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 hi 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 FUGUE. 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 classical rather than the pedagogic type. It 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 Zauberflote 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 i6th 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 fugato." 3. Counterpoint on a Canto Fermo. 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 Coeli, 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 Albanus quoted by Professor Wooldridge on page 320 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 melodious 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 Josquin's wonderful Miserere. Orlando di Lasso's work is full of instances of it, one of the most dramatic of which is the motet Fremuit spiritu Jesus (Magnum Opus No. 553 [378]), in which, while the other voices sing the scripture narrative of the death and raising of Lazarus, the tenor is heard singing to an admirably appropriate theme the words, Lazare, veni foras. 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, CONTREXEVILLE— CONVENTION 45 constitutes the whole fabric of 16th-century music; except where polyphonic device is dispensed with altogether, as in Palestrina's two settings of the Slabat 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 music 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 kingdoms of the world " in the "Hallelujah Chorus" (down to "and He shall live for ever and ever") is a magnificent development of the second part of the chorale Wachet 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 accompany 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 Orgelbilchlein 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 Gotterdammerung. 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 in which the music of the future will finally place its main organizing 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 transitions led. (D. F. T.) CONTREXEVILLE, a watering-place of north-eastern France, in the department of Vosges, on the Vair, 39 m. W. of Epinal by rail. Pop. (1006) 940. The mineral springs of Contrexeville have been in local repute since a remote period, but became generally known only towards the end of the i8th century; and the modern reputation of the place p.s a health resort dates from 1864, when it began to be developed by a company, the Societ6 des Eaux de Contrex6ville, and more particularly from about 1895. 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 efficacious in the treatment of gravel and kindred disorders, by the elimination of uric acid. See Thirty-five years at Contrexeville (1903), by Dr Debout d'Estrees. CONTROL (Fr. conlrdle, older form centre rolle, from Med. Lat. contra-rotulus, a 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, 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 or COURT). In ecclesiastical law, the contempt of the authority of an ecclesiastical court is dealt with by the issue of a writ de contumace capiendo from the court of chancery at the instance of the judge of the ecclesiastical court; this writ took the place of that de excommunicate 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 is also used of any puzzling question or difficulty. CONVENT (Lat. comientus, 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" (comienliculum) , generally used in a contemptuous sense as implying sectarianism, secrecy or illegality, is applied to the meetings or meeting-places of religious or other dissenting bodies. CONVENTION (Lat. conventio, 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 summoned 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 1792 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 46 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 for a town-councillorship. 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 1902 (see TREATIES). CONVENTION, THE NATIONAL, in France, the constitutional and legislative assembly which sat from the 2oth of September 1792 to the 26th of October 1795 (the 4th of Brumaire of the year IV.). On the loth 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 2oth 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 Manege, and finally from the zoth 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 1793 were 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 250. The members of the Convention were drawn from all classes of society, but the most numerous were lawyers. Seventy-five members had sat in the Constituent Assembly, 183 in the Legislative. According to its own ruling, the Convention elected its presi- dent every fortnight. He was eligible for re-election after the lapse of a fortnight. Ordinarily the sessions were held in the morning, but evening sessions were also frequent, often extending late into the night. Sometimes in exceptional circumstances the Convention declared itself in permanent session and sat for several days without interruption. For both legislative and administrative purposes the Convention used committees, with powers more or less widely extended and regulated by successive laws. The most famous of these committees are those of Public Safety, of General Security, of Education (Comilt de salut public, Comit6 de sureti generate, Comite de I' instruction). The work of the Convention was immense in all branches of public affairs. To appreciate it without prejudice , one should recall that this assembly saved France from a civil war and invasion, that it founded the system of public education (Mustum, Ecole Poly technique, Ecole Normale Superieure, Ecole des Langues orientales, Conservatoire), created institutions of capital im- portance, like that of the Grand Lime de la Dette publique, and definitely established the social and political gains of the Revolution. See FRENCH REVOLUTION; GIRONDISTS; MOUNTAIN; D ANTON; ROBESPIERRE; MARAT, &c. BIBLIOGRAPHY. — The Convention published a Prods-verbal of its sessions, which, although lacking the value of those published by assemblies to-day, is an official document of capital importance. Copies of it are rare, however, and it has been too much neglected by historians. See F. A. Aulard, Recueil des actes du comite de Salut Public avec la correspondance officielle des representants en mission, et le registre du conseil executif provisoire (Paris, 1889 et set].); M. J. Guillaume, Prods-verbaux du comite d' Instruction Publique de la Convention Nationale (Paris, 1891—1904, 5 vols. 4to); F. A. Aulard, Histoire politique de la Revolution franfaise (Paris, 1903); Mortimer-Ternaux, Histoire de la Terreur (1862-1881), a work based on and comprising documents, but written with strong royalist bias; Eugene Despois, Le Vandalisms revolulionnaire (1868), for the scientific work of the Convention. A detailed bibliography of the documents relating to the Convention is given in the Repertoire general des sources manuscrites de I'histoire de Paris pendant la Revolution francaise, vol. yiii. &c. (1908), edited by A. Tueley under the auspices of the municipality of Paris. For a more summary bibliography see M. Tourneux, Bibliog. de I'histoire de Paris pendant la Revolution francaise, i. 89-95 (Paris, 1890). (R. A.*) CONVERSANO, a town and episcopal see of Apulia, Italy, in the province of Bari, 17 m. S.E. by rail from the town of Bari. Pop. (1901)13,685. It has a fine southern Romanesque cathedral of the end of the nth century, with a modernized interior, and a castle which from 1456 belonged to the Acquaviva family, dukes of Atri and counts of Conversano. The convent of S. Benedetto is one of the earliest offshoots of Montecassino. (See S. Simone, II Duomo di Conversano, Trani, 1896). Here, or in the vicinity, is the site of the unimportant ancient town of Norba. CONVERSION (Lat. conversio, from convertere, to turn or change), ageneral term for the operation of converting, changing, or transposing; used technically in special senses in logic, theology and law. i. In logic, conversion is one of three chief methods of im- mediate inference by which a conclusion is obtained directly from a single premise without the intervention of another premise or middle term. A proposition is said to be "converted" when the subject and the predicate change places; the original proposition is the "convertend," the new one the "converse." The chief rule governing conversion is that no term which was not distributed1 in the convertend may be distributed in the con- verse; nor may the quality of the proposition (affirmative or negative) be changed. It follows that of the four possible forms 1 A term is said to be " distributed " when It is taken universally: in the proposition " men are mortal " (meaning " all men ") the term " men " is " distributed " while " mortal " is undistributed, because there are mortal beings which are not men. CONVERSION 47 of propositions A, E, I and O (see article A), E and I can be converted simply. If no A is B (E), it follows that no B is A; if some A is B, it follows that some B is A. This form of con- version is called Simple Conversion; E propositions convert into E, and I into I. On the other hand, A cannot be converted simply. If all men are mortal, the most that can follow by conversion is that some mortals are men. This is called Con- version by Limitation or Per Accidens. Only if it be known from external or non-logical sources that the predicate also is distributed can there be simple conversion of a universal affirma- tive. Neither of these forms of conversion can be applied to the particular negative proposition O, which has to be dealt with under a secondary system of conversion, as follows. The terminology by which these secondary processes are described is not altogether satisfactory, and logicians are not agreed as to the application of the terms. The following system is perhaps the most commonly used. We have seen that the converse of "all A is B" is "some B is A"; we can, in addition, derive from it another, though purely formal, proposition "no A is not-B"; i.e. an E proposition. This process is called Obversion, Permuta- tion or Immediate Inference by Privative Conception; it is applicable to every proposition including O.. A further process, known as Contraposition or Conversion by Negation, consists of conversion following on obversion. Thus from "all A is B," we get " no not-B is A." In the case of the O proposition we get (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 I proposition the contrapositive is impossible, as infringing the main rule of conversion. Another term, Inversion, has been used by some logicians for a still more complicated process by the alternative use of conversion and obversion, which is applic- able to A and E, and results in obtaining a proposition concerning the contradictory of the original subject; thus "all A is B" becomes "some not-A is not B." Considerable discussion has centred on the problem as to whether the process of conversion can properly be regarded as inference. The essence of inference is that the conclusion should embody knowledge which is not in the premise or premises, and many logicians have contended that no fact is stated in the converse which was not in the convertend, or, in other words, that conversion is merely a transformation or verbal change of the same statement. Hence the term Eductions and Equiva- lent Prepositional Forms have been given to converse proposi- tions. It is clear, for instance, that if the universal affirmative is taken connotatively as a scientific law, and not historically, no real inference is achieved by stating as another scientific fact its converse, the particular affirmative. Moreover, even if the convertend is stated as an historic fact, though there is acquired a certain new significance, it may well be argued that the inference is not immediate but syllogistic. For this controversy see J. S. Mill, Logic, II. i. 2; Bradley, Logic, III. pt. i. chap. ii. 30-37; H. W. B. Joseph, Introduction to Logic (1906), pp. 209 foil.; J. N. Keynes, Formal Logic (3rd ed., 1894). 2. In theology, conversion (the equivalent of the Gr. arpt^av, eirio-Tfxuv} is originally the acceptation of Christianity by heathens. It is also used generally for a change from one re- ligion to another, or in a narrower sense for a complete change of attitude towards God, involving a deeper conviction of the ultimate religious and moral truths. Considerable difference of opinion has always existed, and still exists, within the Christian Church as to the true nature and the causes of conversion, especially in the sense last described. Some have held that man is merely the passive recipient of the Divine Grace, a view based largely on the rendering of the Authorized Version of Isaiah vi. 10 as quoted in Matt. xiii. 15, Mark iv. 12, and John xii. 40. Others again hold that baptism, as involving a second birth of the baptized person, makes subsequent conversion unnecessary or even meaningless, or conversely that conversion is this very second birth and renders baptism unnecessary. The reply generally made to such arguments is that baptism implies regeneration only, which is a change wrought from the outside by the Divine Spirit in general disposition or spiritual status, while conversion is a positive or concrete demonstration of that change, not merely the negative beginning of a new life but the positive "returning" to God in faith and repentance. The 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 and can be the work of the Holy Spirit alone, it lies with man to make it complete by accepting the proffered grace in repentance and faith (cf. Acts vii. 51, " Ye stiffnecked and uncircumcised in heart and ears, ye do always resist the Holy Ghost"). A man may of his own free will avoid those surroundings which predispose him to such "resistance." The view that man cannot convert himself is clearly stated in Article X. by the Church of England. " The condition of man after the fall of Adam is such that he cannot turn (sese comierlere) 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 sudden conversion of persons in a highly emotional state, such as has been common in revivalist meetings, especially 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 like a clap 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. In English law, conversion is the unauthorized 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 civil 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, e.g. 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 civil 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 1852, and under the present procedure, in which the old forms of action are not in use, the remedy is by a claim (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 unauthorized 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 Varieties of Religious Experience (1902). CONVEX— CONVEYANCING made 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 ; e.g. 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 him, 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 it 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, 1861, ss. 77-85; Larceny Act, 1901). 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 in English law 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. See Bullen and Leake, Precedents of Pleading (3rd ed., 1868, 6th ed. by Dodd and Chitty, 1905) ; F. Pollock, on Torts (7th ed., 1904) ; Clerk and Lindsell, on Torts (3rd ed., 1904) ; Lewin, on Trusts (nth ed., 1904); Jarman, on Wills (5th ed., 1893); Dart, Vendors and Purchasers (nth ed., p. 301). (W. F. C.) CONVEX (Lat. convexus, carried round, rounded, from con-, with, and vehere, to carry), a term for the exterior side of a curved or rounded surface, as opposed to " concave " (Lat. con-, and cavus, 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 "convoy" (q.v.), i.e. to accompany, a meaning which still survived in the i8th century. Like " convoy " it is ultimately derived from the Late Lat. conviare (not from convehere), but through the old Norman French form conveier, which in central France passed into the form convoier, mod. Fr. conveyer, whence " convoy." Apart from the general sense given above the word conveyance is now used in three special senses: (i) 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 CONVEYANCING.) CONVEYANCING, in English law, the art or science of 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 element in the transfer of property was the change, generally accompanied by some public Histo 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 feo/ment with livery of seisin — a proceeding in which the transferee was publicly invested with the feudal possession or seisin, usually through the medium of some symbolic act per- formed in the presence of witnesses upon the land itself. A deed or charter of feoffment was commonly executed at the same time by way of record, but formed no essential part of the conveyance. In the language of the old rule of the common law, the immediate freehold in corporeal hereditaments lay in livery, whereas reversions and remainders and all incorporeal heredita- ments lay in grant, i.e. passed by the delivery of the deed of conveyance or grant without any furthe'r ceremony. The process by which this distinction was broken down -and the present uniform system of private conveyancing by simple deed was established, constitutes a long chapter in English legal history. The land of a feudal owner was subject to the risk of forfeiture for treason, and to military and other burdens. The common law did not allow him to dispose of it by will. By the law of mort- main religious houses were prohibited from acquiring it. The desire to escape from these burdens and limitations gave rise to the practice of making feoffments to the use of, or upon trust for, persons other than those to whom the seisin or legal possession was delivered. The common law recognized only the legal tenant ; but the cestui que use or beneficial owner gradually secured for his wishes and directions concerning the profits of the land the strong protection of the chancellors as exercising the equitable jurisdiction of the king. The resulting loss to the crown and the great lords of the feudal dues and privileges, coupled with the public disadvantages arising from ownership of land which, in an increasing degree, was merely nominal, brought about the passing in the year 1535 of the famous Statute of Uses, the object of which was to destroy alto- gether the system of uses and equitable estates. It enacted, in substance, that whoever should have a use or trust in any heredita- ments should be deemed to have the legal seisin, estate and possession for the same interest that he had in the use; in other words, that he should become in effect the feudal tenant without actual delivery of possession to him by the actual feoffee to uses or trustee. In its result the statute was a fiasco. It was solemnly decided that the act transferred the legal possession to the use once only, and that in the case of a conveyance to A to the use of B to the use of or upon trust for C, it gave the legal estate to B, and left C with an interest in the position of the use before the statute. Thus was completed the foundation of the modern system of trusts fastened upon legal estates and protected by the equitable doctrines and practice of the judicature. But the statute not only failed to abolish uses: it also opened the way to the evasion of the public ceremony of livery of seisin, and the avoidance of all notoriety in conveyances. Other ways, besides an actual feoffment to uses, of creating a use had been in vogue before the statute. If A bargained with B, in writing or not, for the sale of land, and B paid -the price, but A remained in legal possession, the court of chancery enforced the use or equitable interest in favour of B. The effect of a bargain- and sale (as such a transaction was called) after the statute was to give B the legal interest without any livery of seisin. This fresh danger was met in the very year of the statute itself by an enactment that a bargain and sale of an estate of inheritance or freehold should be made by deed publicly enrolled. But the Statute of Enrolments was in terms limited to estates of freehold. It was allowed that a bargain and sale for a term, say, of one year, must transfer the seisin to the bargainee without enrol- ment. And since what remained in the bargainer was merely a reversion which " lay in grant," it was an easy matter to release this by deed the day after. By this ingenious device was the publicity of feoffment or enrolment avoided, and the lease and release, as the process was called, remained the usual mode of conveying a freehold in posession down to the igth century. It was not until 1845 that the modern system of transfer by a single deed was finally established. By the Real Property Act of that year it was enacted that all corporeal hereditaments should, as regards the immediate freehold, be deemed to lie in grant as well as in livery. Since this act the ancient modes of conveyance, though not abolished by it, have in practice become obsolete. Traces of the old learning connected with them remain, however, embedded in the modern conveyance. Many a purchase-deed recites that the vendor is seised in fee-simple of the property. It is the practice, moreover, to convey not only " to " but also " to the use of " a purchaser. For before the Statute of Uses, a conveyance made without any consideration or declaration of uses was deemed to be made to the use of the party conveying. In view of the operation of the statute upon the legal estate in such circumstances, it is' usual in all convey- ances, whether for value or not, to declare a use in favour of the 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 term " conveyancing " is of much wider import, and comprises the preparation and completion of all kinds of legal instruments. A well-known branch of the conveyancer's business is the investi- gation of title — an important function in the case of purchases or mortgages of real estate. With personal estate (other than leasehold) he has perhaps not so much concern. Chattels are usually transferred by delivery, and stocks or shares by means of printed instruments which can be bought at a law-stationer's. The 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 of conveyancing business in connexion with limited joint-stock companies. In the preparation of legal documents the practitioner is much assisted by the use of precedents. These are outlines or models 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 them have been in use from early times, certainly since printing became common. The modern precedent is, upon the whole, concise and businesslike. The prolixity which formerly character- ized most legal documents has largely disappeared, mainly through the operation of statutes which enable many clauses previously inserted at great length to be, in some cases, e.g. covenants for title, incorporated by the use of a few prescribed words, and in others safely omitted altogether. The Solicitors' Remuneration Act 1881, has also assisted the process of curtail- ment, for there is now little or no connexion between the length of a deed and the cost of its preparation. So long as the drafts- man adheres to recognized legal phraseology and to the well- settled methods of carrying out legal operations, there is no reason why modern instruments should not be made as terse and businesslike as possible. It is not usual for land to be sold without a formal agreement in writing being entered into. This precaution is due, partly to the Statute of Frauds (§ 4), which renders a contract tor sale. * ^or ^ sa^e o* ^anc^ unenforceable by action " unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith or some other person thereunto by him lawfully authorized," and partly to the fact that there are few titles which can with prudence be exposed to all the requisitions that a purchaser under an " open contract " is entitled by law to make. Such a purchaser may, for example, require a forty years' title (Vendor and Purchaser Act 1874). Under an open contract a vendor is presumed to be selling the fee-simple in possession, free from any incumbrance, or liability, or restriction as to user or otherwise; and if he cannot deduce a title of the statutory length, or procure an incumbrance or restriction to be removed, the purchaser may repudiate the contract. The preparation of an agreement for sale involves accordingly an examination of the vendor's title, and the exercise of skill and judgment in deciding how the vendor may be pro- tected against trouble and expense without prejudice to the sale. Upon a sale by auction the agreement is made up of (i) the particulars, which describe the property; (2) the conditions of sale, which state the terms upon which it is offered; and (3) the memorandum or formal contract at the foot of the condi- tions, which incorporates by reference the particulars and conditions, names or sufficiently refers to the vendor, and is signed by the purchaser after the sale. The object of the agree- ment, whether the sale is by private contract or by auction, is to define accurately what is sold, to provide for the length of title and the evidence in support of or in connexion with the title which is to be required except so far as it is intended that the general law shall regulate the rights of the parties, and to fix the times at which the principal steps in the transaction are to be taken. It is also usual to provide for the payment of interest at a prescribed rate upon the purchase money if the completion 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 Of title* 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 . usuallyfixed 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: (i) 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 CONVEYANCING Convey- ances. actions, which may affect 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 commonly done by and at the expense of the purchaser, who is entitled to determine the form of the con- veyance, provided thai 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. (i) 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 bis 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, addresses 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 are 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 1881, 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 hi 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 either 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 had 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 hi 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, &c., 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.(the 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 &c., and known as, &c. 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 1 88 1 , 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 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 as is common on a sale of land, or by an Leases 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 1845, leases required by law to be in writing are void at law 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 prepared by a lessor's solicitor at the expense of the lessee; but the cost of the counterpart (i.e. 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, meat"of however, may be specially mentioned. Under an open leaseholds, 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 title 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 vendor's 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 1881). 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 Mortgages. se'dom that there is any preliminary agreement, because (i) a contract to lend money is not specifically enforceable; and (2) inasmuch as the primary object of a mortgagee is to have his money well secured, he is not, generally, willing 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, and to verify it at his 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: (i) 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, (6) 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; (2) 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 title-deeds in the mortgagee's possession. The elaborate provisions for all these purposes which were formerly inserted in mortgage deeds are now omitted; but sometimes the operation of the act is 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, has been much simplified; but such settlements still remain the most technical and most complicated of legal instruments. By virtue of the Settled Land Acts 1882 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 Conveyancing Act 1881, 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 all 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 § 42. 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 1 88 1. Personal settlements are most often made upon marriage. The settled property is vested in trustees, eithe» 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 (i) for investment; (2) for payment of the income of the husband'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 CONVEYORS payment to the survivor for his or her life of the income of both properties; (4) after the death of the survivor, both as to capital and income, for the issue of the marriage as the husband and wife shall jointly by deed appoint, and in default of joint appointment as the survivor shall by deed or will appoint, and in default of such appointment for the children of the marriage who attain twenty- one, or being daughters marry, in equal shares, with the addition of a clause (called the hotchpot clause) precluding a child who or whose issue takes a part of the fund by appointment from sharing in the unappointed part without bringing the appointed share into account. Then follows a power for the trustees with the consent of the parents whilst respectively 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 and 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 (i) 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 during 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 (i.e. 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 1852. 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 or 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 Stales. — 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 igth 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 hi 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. Guilbert, 56 Ohio State Reports, 575; People v. Simon, 176 Illinois Reports, 165; Tyler v. J udges, 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 (Nichols v. Eaton, 9 1 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 hi 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 up 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) ; Elphinstone, Intro- duction to Conveyancing (London, 1900) ; Prideaux, Precedents in Conveyancing (1904); Pollock, The Land Laws (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 as in the case of worms, bands and pushplate conveyors, or elevators carrying grain 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 the 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 as conveying the goods purchased by a customer to the packers and bringing them back made up into a parcel or for 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 over 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 mill which was over 250 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. i). Modern worm conveyors usually consist of a spindle formed of a length of FIG. I. — Early Flour Mill Conveyor.1 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 FIG. 2. — Paddle 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 of 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 FIG. 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 5 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 the paddle 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 20 in. diameter running at 60 revolutions per minute will convey 50 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 inner 54 CONVEYORS periphery, or of iron or wooden tubes of square sections fitted with fixed baffle 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 1868 by George Fosbery Lyster, engineer of the Liverpool docks, gave convincing results (see Proc. Inst. Mech. Eng., August 1869). 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 is 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 b'fe 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 a sensible item. Band Conveyors. — The inventor of band conveyors for the handling 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 also 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 is 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 1 2 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 is 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 4 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 being 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 of the band at the point where it is deflected upwards. The grain is thus cast ELEVATION FIG. 6. — Throw-off Carriage for Band Conveyor. CROSS SECTION worm conveyor is a clear of the band, and into the air, being caught as it falls 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 42j° 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 grain-laden band compares favourably with any other form of conveyor. An i8-in. band 100 ft. in length running 500 ft. per minute would carry 50 tons per hour at an expenditure of only 4-5 H.P. 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 3 tons to the square inch. Balata bands may be used in place of india-rubber, but though less expensive are not so lasting. Bands that have 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 are more liable to stretch and are high in price. They FIG. 7. may be run as high as about 600 ft. pej 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 26 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 12 wagons can be loaded by two men in i 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 smaU 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 as 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 plates 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 links 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 1 20 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, &c. 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 surface 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 s.crapers mounted on endless travelling chains that run usually in troughs), travelling trough conveyors are gentle handlers of material. A conveyor which is 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 hops, to use popular language. The action will be sufficiently explained by the appended diagram (fig. 8), which, however, is exaggerated to give a clearer idea of the actual 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 legs; the full lines indicate the spring legs at the extreme backward position of the crank, while the dotted lines show the spring legs E E, E, E, -'B FlG. 8. — Swinging or Zimmer Conveyor. and bottom of the trough at the extreme forward position 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, Ej, Ej, has the effect of carrying or conveying the material in the direction desired. It is important to note that the actual movement both of trough and material is within narrow bounds; the horizontal movement of the trough is only about i in., while the vertical or upward movement is about | in. The material is conveyed by this vibrating trough with a minimum of friction, as it is evident that the material is carried forward without any contact with the trough, while the very nature of the motion precludes injurious frictionbetween the particles themselves. When the trough is full the material will move as it were in a solid mass. An important improvement in this type of vibrating trough conveyor is the balanced conveyor, in which the trough is made 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, CONVEYORS in which case the balancing of the conveyor would be effected by a powerful volute spring which is compressed and released by a crank and connecting rod, in place of being connected to one-half of the conveyor. Two sections of a Zimmer conveyor can be made to run in opposite directions by merely reversing the inclination of the spring legs; in such a case the sections of a trough would be con- nected by a flexible coupling. Conveyors of this type have been used in lengths up to 500 ft., and in widths of over 6 ft. The feed can be received or discharged at any desired point in the length; for drawing off material at intermediate points it is only necessary to open a slide in the bottom 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 100 ft. conveying a load of 50 tons per hour takes 8-75 h.p. With a speed of 300-370 revolutions per minute of the chain of buckets. 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 (i) 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. 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 conveyor has been found suitable is that of a drainer in connexion with coal-washing plants. A per- forated plate at the head will allow the water to escape, while the coal is carried to the other end. A slight upward slant permits the water left with the coal to run back and escape. In colliery work this conveyor makes a suitable picking table. The motion of the trough, while not so fast as to baffle the pickers, has the advantage of uniformly spreading the lumps of coal. This apparatus also lends itself to the grading ofcoal. All that is necessary is to 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 thisconveyor.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 size. This conveyor has been found useful both as a drying and cooling appli- ance. Several substances of a sticky nature, such as moist sugar, L ji ?r? difficu't to deal with mechanically, can be efficiently handled by the swinging conveyor. The gravity or tilling 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 are 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. Among typical conveyors on this system is the Hunt conveyor (fig. 10), which consists of a double link carrying a series of pivoted buckets which are free to revolve on their axes at all points, except at that point at which they discharge. This operation is effected by a cam action, the buckets on their release righting themselves and becoming ready for refilling. The driving gear propels the chain by means of pawls which engage with the cross studs of the chain and have a central thrusting action. Another well-known appliance of this type is the pan bucket conveyor. This consists of a continuous trough built in sections and supported on axles and guide wheels running on suitable rails. There is one axle to each section, and in each section of the trough a bucket is pivoted to the sides. There are several other conveyors of this type, amongst which the " Tipit " should be mentioned. For the Bousse gravity conveyor it is claimed that it will go round any curve backwards or forwards in both planes, and is therefore adaptable for installations when the typical gravity bucket would be useless. ' The buckets_ of this conveyor are coupled together by axlink in the middle, which obviously allows more latitude in negotiating curves than the double chain of most of the other types. CONVEYORS 57 Pneumatic Grain Elevators have been employed with good effect in loading and unloading grain from ships. This method of conveying grain falls under three systems: (i) the blast system; (2) 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- FIG. 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 12 to 1 8 in. 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 drop 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 sucked 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 160 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 witfi 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. Hot Coke Conveyors. — Hot 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 igth century, been more or less satisfactorily handled by machinery. Even in a 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, calculated to do 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 along 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 Gathorn 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-fitting 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 _ Cross Section Longitudinal Section Return Bucket t ; L ; t i i t BucHet\ i h ; Bucket • Bucket i Bucket; i Plan FIG. ii. — Bronder 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 qjit 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 are 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, } 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 steel 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. li), 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 particles. The chain of buckets is connected by horseshoe-shaped brackets extending upwards beyond the sides of the buckets and connected with the links 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 quenched. Any breeze which may have fallen between the buckets is 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- FIG. 12. — Wild Coke Conveyor. ence between an ordinary gravity bucket conveyorand this apparatus is that the buckets are here rigidly connected to the supporting wheels. 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 large 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 24 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. The De Brouwer hot coke conveyor, which is much used in gas works both in Great Britain and on the continent of Europe, was invented by a Belgian engineer. Its construction has undergone many modifications which experience has shown to be desirable. It consists of a trough of cast or wrought iron, or mild steel, 20 to 36 in. wide and 3 to 6 in. deep. Double endless chains run in the corners of the trough, the two chains being connected together by round cross bars set 30 in. apart, so as to form a sort of ladder. The hot coke is carried or dragged along by these bars. One end of the trough is closed and the other is bent upwards with a view to retaining the quenching water. As the hot coke is dragged along it is subjected to the action of jets of water. The conveyor bars, which act as scrapers, sweep the water and the coke along the trough till the point is reached where the latter curves upwards. Then the water flows back like a small cascade on the half-quenched coke, which is thus thoroughly extinguished. Considerable inclines can be negotiated with this conveyor; in some installations on the continent of Europe angles of 30° to the horizontal have been surmounted. In a modification of the De Brouwer conveyor, in- stalled at the Cassel gas works, the bars which form the rungs of the conveyor were replaced by cast iron rakes. In another modified form, the work of F. A. Marshall, to be found in the Copenhagen gas works, sluices are provided for withdrawing an excess of water at any point in the trough. In Great Britain a hot coke conveyor has been designed on similar lines by Messrs R. Dempster & Sons, Ltd. (fig. 13). The chains are parallel from end to end, and are composed of identical and interchangeable malleable cast links. Instead of the chains carrying the rollers, as is often the case, the chains are themselves carried and guided by flanged rollers supported from the framework. This arrangement has the advantage of decreasing the weight of the chain, as neither the rollers nor the lubricators have to be conveyed, being stationary. The scrapers are of cast steel and have a rake-like shape with a view to minimize the breakage of coke. The essential features in a hot coke conveyor are strength and simplicity, a minimum of wearing parts, interchangeability of wearing surfaces and of worn and broken parts, protection of wearing and working parts from contact with the hot coke, and facilities for keeping the temperature of the conveyor as even as possible, so as to avoid distortion of parts through sudden changes. To attain these latter conditions, it appears essential to construct conveyors of the pushplate type. In these the hot coke is kept continually moving, and thus the good effect is secured of heating the conveyor from end to end uniformly and gradually. This applies particularly to gas works conveyors. tV^^ -vt*^«.v-_*.^vv* '--*'• w»'---*-^« * -x*?f«o»'.*. .A J-. «•.•!>,., Cross Section, with Water Jacket. 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 (q.v.), 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 the 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 moving 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 of 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 say nothing of the dust pro- duction and the damage which would be done to the receiving spouts and shoots. Elevators carrying a light material can be run at a circumferential velocity of 250 to 350 ft. per minute, and if SIDE ELEVATION END ELEVATION FIG. 14. — Grain Elevator. vertically set, will 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 2 ft. as in a I 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 25 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 have to be higher speeded than in dealing with a lighter material. Elevator buckets must be varied according to the nature of the material; for instance, shallow buckets will be found best for a soft and clinging material such as flour, moist sugar, sand, small coal, &c., while for a hard or semi-hard body such as wheat, coal, FIG. 15. — Mineral Elevator, upper terminal. deeper buckets are prefer- able. On account of their lower speed, elevators for specifically heavy material require much larger buckets and chains than grain elevators of the same bulk capacity. The most economical form of elevator is fitted with a continuous chain of buckets. Such elevators may be con- structed to carry either grain or minerals. The advantages are greatercapacity than an ordinary elevator of the same dimensions and a more uniform delivery; moreover, smoother running is secured, since the buckets being close together need not plunge intermittently through the con- tents of the elevator-well. Intermittent Conveyors. — The elevators we have been considering, whether used for carrying and distributing coal or grain, have this in common, that they raise material from a lower to a higher level, so to speak, in a continuous stream, the continuity being broken only by the short spaces between the buckets. In the continuous bucket type indeed the stream of material is practically, if not absolutely, continuous. In all these cases the elevator is fed with the material in a continuous stream, and by some mechanical means; whether by band, worm or shoot, is immaterial. Elevators of a somewhat different and more substantial construction may be and are often used for handling filled sacks, barrels, carcases of animals and other bulky objects, which cannot be delivered in a uniform stream, but may have to be conveyed by the elevator intermittently. The ordinary buckets used for grain or coal are replaced by other appliances for gripping and holding the object to be raised from a lower to a higher level, but in principle these appliances are essentially elevators. 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 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 possible. The Americans seem, to have been pioneers in the construction of furnace hoists, which form the principal elevators of this class, but some excellent examples of the modern furnace hoist are now to be found in Great Britain and elsewhere in Europe. Generally speaking, a furnace hoist consists of an inclined iron bridge girder set at an angle to the upright shaft of the furnace. On this incline are laid rails for the ascent and descent of the bucket, which in this case is known as a skip and is provided with suitable wheels, while the hoisting gear manipu- lating the skips by a steel rope is erected on or near the ground level. The rails when they approach the upper terminus are usually bent in a more or less horizontal position so as auto- matically to tilt and thereby unload the skip. To attain the same end, the rails supporting the back wheels of the skips may be bent at the terminus, or the back wheels may have additional wheels of a larger diameter on the other side of their flanges, so that during the ascent and descent the skip runs on its four normal wheels, while at the upper terminus the outer and larger back wheels engage with short lengths of extra rails and thus tilt and effect the automatic clearance of the skip. The dead weight of the skip may be balanced by a counter weight, or double tracks may be laid, so that the empty skip descends on one track whilst the loaded skip is being raised on the other. In this case the distributing hopper at the top of the furnace has an elongated shape so as to take the charges alternately from buckets on either track. Again, the two tracks may be laid one above the other, so that one skip runs on the upper rails and the other on the lower. The two buckets will pass each other at about the centre of the framing, where there will be plenty of room for 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 i 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 ico h.p. On account of the great speed at which FIG. 16. — Mineral Elevator, lower terminal. 62 CONVEYORS the hoist works, the time taken in raising the charged 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 realized 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 denned 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 1860, when a ropeway was erected in the Harz 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 it 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, a certain rope in a Spanish ropeway tested new to a breaking strain of 29! tons was shown after carrying 160,000 tons (in two years' incessant work) still to possess a breaking strain of 27 J 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 modern 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 i in 40. Perhaps the simplest type of a single rope system is an endless running rope from which the carriers are suspended, and with which they move by frictional contact. Or the carriers may be fixed to this rope and move with it. The ropeway itself would consist of an endless rope running between two drums, one, known 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 4 m. per hour, a speed at which the bucket or skip can automatically unload itself. In the double ropeway the carrier 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 hy tightening gear at the other end just as in the single rope system. Double ropeways have been carried in one section over 18 to 20 m., 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. Their 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-footed 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 I in I J, the force generated is 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 Cableways. — 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 less horizontal direction, i.e. the terminals may be on the same level, or it may be irfclined 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 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 little higher than the other or tail 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 frictional 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 drum 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 line 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 navvy- ing, quarrying and mining work; in placer-mining, for instance, cableways have been found very useful when fitted with a self- filling drag 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 2d. per yard, including labour, coal, oil, waste, &c. Coaling Ships at Sea. — In 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 1890 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, 1800 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 was taken in by derricks at the main deck ports. It is clear 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 is 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 being 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 will 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 f 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 back 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 Ib 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 20 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 10 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 economizing hand labour. One man is required to work the hoist on the collier, while 20 men will be in the hold filling the bags and delivering them to the deck, where 1 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 seems 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 Fleeming Jenkin in 1881, and developed by him in conjunction with Professors W. E. 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 64 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) i 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. convocalio, 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 (debito 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 provision of the Anglo-Saxon period, the origin of which is generally referred to the council of Clovesho (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 1283 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 III. there were continual contests between the spiritu- ality of the realm and the crown, — the spirituality contest contending for their constitutional right to vote their between subsidies in their provincial convocations; the crown, spMtu- on the other hand, insisting on the immediate attend- ance of the clergy in parliament. The resistance of the clergy to the innovation of the " praemunientes " 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 (u Edward III.), 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 " praemunientes " clause was introduced. The " praemunientes " clause, however, was continued in the parliamentary writs issued to the several bishops of both provinces, whilst the bishops were permitted to n'eglect 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 aderfs^T from an epoch of authentic history, is the period of its period*. greatest freedom, but not of its greatest activity. It extends from the reign of Edward I. ( 1 283) 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 allty and crown. CONVOCATION First period. fourth period extends from the third year of the reign of George I. (1716) to the fifteenth year of the reign of Queen Victoria. This was a period of torpid inactivity, during which it was customary for 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 soon, 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 (25 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. i, that the prelates and other clergy, with their servants and attendants, when called to the convoca- tion pursuant to the king'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 first of which occurred in the reign of Edward VI., the third in the reign of Queen Elizabeth, and the fourth in the reign of Charles II. The two earliest of these convocations were summoned to complete the work of the reformation of the Church of England, which had 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 proceedings of this convocation (chiefly, on the ground that its sessions were continued for some time after the parliament of 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 restoraUon of the monarchy in 1 66 1 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 vii. 3 Second period. 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, compact 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, period 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, claim of and presented a petition to the queen, praying her Lover majesty to call the question into her own presence. House to The question was thereupon examined by the queen's *"'f