285 



COUNCILLORS. 



COUNT. 



230 



called general, the reunited Eastern Church being no longer represented 

 in it. The fathers of Basle, who had deposed Eugenius, were declared 

 heretical, as well as Felix V., who was declared to be a schismatic 

 antipope. After several other decrees the Council of Florence was 

 closed in April, 1442. The French and other divines do not recognise 

 the authority of the Council of Florence, which however is fully 

 acknowledged at Rome. The same may be said of the following : 

 Latfran, the Fifth Council of, was convoked by Pope Julius II., in 



1512, to oppose the acts of the pretended council of Pisa, when a 

 certain number of prelates hostile to Julius had assembled under the 

 influence of the king of France, then at variance with the pope. 

 After declaring all the acts of Pisa null and void, and summoning the 

 French prelates to appear at Rome, Pope Julius died in February, 



1513, but his successor, Leo X., continued the council, and Louis XII., 

 giving up the " Conciliabulum " of Pisa, sent in his adhesion to the 

 council of Lateran. The French prelates, however, did not attend, 

 under various excuses. The council continued assembled till March, 

 1517. It chiefly concerned itself with matters of discipline. Among 

 others, it established a general ecclesiastical censorship on all printed 

 books, under pain of excommunication. [CENSORSHIP OF THE PRESS.] 

 It confirmed the concordat made at Bologna between Pope Leo and 

 Francis I., concerning the sees and benefices of France, and annulled 

 the previous pragmatic sanction promulgated by King Charles VII., 

 conformably to the decrees of the councils of Constance and Basle. 

 The concordat took away from the chapters the right of electing to 

 vacant sees, and gave the nomination to the king, subject to the 

 papal sanction and ordination. 



Treat, the Council of, is the last cccumenic council of the Latin 

 church, and is acknowledged as such by the Roman Catholic world, 

 although some of its decrees in matters of discipline are not sanctioned 

 by the laws of many states. [TRENT, COUNCIL OF.] 



The principal collections of the acts of the councils are : Labb<! and 

 G'ossart, ' Sacrorum Conoiliorum nova et amplissima Collectio,' with 

 additions by C'oleti and Mansi, 31 vols. fol., Florence and Venice, 

 1759-98 ; ' Concilia generalia Ecclesijo Catholicso Pauli V. Pont. Max. 

 auctoritate edita,' 4 vols. fol. Rome, 1628 ; ' Concilia Generalia,' edita 

 a T. Merlino, 2 vols. fol., Cologne, 1530 ; ' Concilia Omnia, tarn generalia 

 quam particularia,' a Perro Crabbe, 2 vols. foL, Cologne, 1538-40; 

 ' Collectio Regia maxima Conciliorum , sou Acta Conciliorum et EpiBtola: 

 Decretales, ac Constitutiones Summorum Pontificum ab anno Christi 

 34 ad 1714, studio Joh. Harduini, Soc. Jesu; cum novis iudicibus ' 12 

 vols. fol., Paris, 1714-15. 



There are also collections of national councils : ' Collectio Conciliorum 

 Hispaniie, diligentia Garsiaj Loaisa elaborata,' fol., Madrid, 1593 ; 

 ' Concilia Magnaj Britannia; et Hibernia: a Synodo Verolamiensi, A.D. 446 

 ad Londinense,A.D. 1717,a D. Wilkins collecta,' 4 vols. fol., 1737 ;' Sacra 

 Concilia Ecclesiso Romano-Catholicae in Regno Hungariso celebrata, ab 

 anno 1016 ad 1734,' fol., Vienna, 1742; 'Concilia antiqua Gallise, cum 

 Epistolis Pontificum, Principum Constitutionibus, et aliig Gallicame 

 rei Ecclesiastics monimentis, Opera et Studio T. Sirmondi,' 3 vols. 

 fol., Paris, 1629 ; ' Collectio maxima Conciliorum omnium Hispania: et 

 -lira et studio Jos. Saenz de Aguirre, editio altera novis 

 additionibug aucta a Jos. Catalano, cum indicibus/ 6 vols. fol., Rome, 

 17"/i; ' Concilcs de Toulouse, Bdziers, et Narbonne, ensemble les 

 iinluimances du Comte Raimond contre les Albigeois, par Arnaud 

 Sc >rl .in, D.D.,' 8vo., Paris, 1569 ; Atti dell' assemblea degli Arcivescovi 

 e Veecovi della Toscana tenuta in Firenze, 1'anno 1787,' 4to., Firenze, 

 1 7S7 ; ' Atti e decreti del Concilio Diocesano di Pistoja dell' anno 1 786,' 

 4t<>. Firenze, 1788 ; ' Salmon, Traite 1 de 1'etude des Conciles et de leurs 

 Collections,' Paris, 1724. 



Some of the old Spanish councils are very important, such as the 

 Council of Iliberis, 303, which concerned itself chiefly with the 

 morals of the faithful, exposed as they were to the bad example of 

 their heathen countrymen. Its canons, to the number of eighty, have 

 come down to vis, which is not the case with most of the previous 

 councils. Several of the councils of Toledo arc also very important 

 for the elucidation of Church history and controversy, especially ou 

 questions of discipline. 



The Greek or Eastern Church, since its separation from Rome, has 

 held its own general councils or synods under the presidency of the 

 occumenic patriarchs of Constantinople. [GREEK CHURCH : RUSSIAN 

 CHURCH.] 



The Protestant and Reformed Churches have also held their councils 

 or synods, such as DORT, SYNOD OF. The Synod of Emden, in 1571 

 and that of Sandomir, for the Protestant churches of Poland ; the general 



emblies of the Scottish Church, and the convocations of the Church 



England, are also a sort of national councils ; but the Protestants in 

 general do not admit the divine inspiration and consequent infallibility 

 of the councils, whether general or national, though they acknowledge 

 tl " ; ' 1 .i.unded by the first two cecuuienic councils of Nice 



I'!.'. 



fNCILLORS. [CORPORATIONS; MUNICIPAL CORPORATIONS.] 



SfcL, an abbreviation of counsellor, by which in England is 



i barrister. The phrase includes, of course, gerjeante, 



roe i counsel, and by courtesy comprehends those who, having kept 



mns a t one of the inns of court, have been permitted to 



se und. [BARRISTER.] The word has no plural num- 



to denote either one or more counsel. The duty of 



counsel is to give advice in questions of law, and to manage causes for 

 clients. They are styled common law, equity, or chamber counsel, 

 according to the nature of the business they transact. They are sup- 

 posed to plead gratuitously. [ADVOCATE.] In the words of Mr. 

 Justice Bayley, 1 Chit. R. 351, "they are to be paid beforehand, 

 because they are not to be left to the chance whether they shall ulti- 

 mately get their fees or not, and it is for the purpose of promoting the 

 honour and integrity of the bar that it is expected all theif fees should 

 be paid when their briefs are delivered. That is the reason why they 

 are not permitted to maintain an action for their fees." Counsel may 

 be retained generally, that is, to advocate any cause in which the 

 retaining party may be engaged, or specially with reference to a pending 

 cause ; and generally speaking, it is not optional for counsel to refuse 

 a retainer ; there are certain rules, however, by which their practice is 

 regulated. 



Counsel in a cause have the privilege of enforcing anything which is 

 contained in their instructions and is pertinent to the matter in 

 question, and are not bound to inquire whether it be true or false ; they 

 are also at liberty to make fair comments on the evidence adduced. 



Formerly, in cases of felony, counsel for the prisoner were not 

 allowed to address the jury on his behalf; they might, however, 

 examine and cross-examine the witnesses, and argue points of law ; 

 but now by stat. 6 & 7 Wm. IV. c. 114, all persons tried for felony 

 may make full answer and defence by counsel. 



Counsel are punishable by stat. West. 1. 3 Ed. I., c. 28, for deceit or 

 collusion, and, it is said, are so far under the jurisdiction of the judges, 

 that in the event of malpractice they may be prohibited from addressing 

 the court. They are certainly bound by the rules established by each 

 court for the regulation of its own practice ; and for professional or 

 other misconduct may be disbarred by the inn of court to which they 

 belong (Blackst. ' Comm.,' Mr. Kerr's ed., v. Hi. p. 28.) 



COUNT, through the French word comte, from the Latin comes, 

 , meaning companion. Considered in its original acceptation, 

 this word might be translated by assessor, an officer who, during the 

 Roman republic, was given as an assistant to the proconsuls or the 

 proprietors sent out to govern the provinces. Cicero speaks of these 

 comites in several passages of liis works. Dion Cassius states that 

 Augustus Ctesar called by that name all the officers of his imperial 

 household. These comites pronounced judgment on all matters 

 referred to them by the emperor, and their judgments had the same 

 authority as the Senatus Consulta. The council of state instituted by 

 Napoleon I. gives a very exact idea of the constitution of that court 

 tribunal. Like the council of state, the latter was invested with 

 judicial, legislative, and executive power. The emperors of the East 

 followed the example of those of the West, with this difference only, 

 that the comites created by Augustus and his successors were the 

 counsellors of the emperor, and the title belonged to the office and not 

 to the person ; whilst at the court of Constantinople it was quite the 

 contrary. The nomenclature of these counts fills a considerable place 

 in the Glossary of Ducange. The comes marcarum, counts of the 

 frontiers, which were formerly called marches (a denomination still in 

 use in the papal states), took subsequently the title of marquis; an 

 innovation which raised long and serious discussions among the learned 

 in feudal right and court etiquette. 



Under the first two races of the Frank kings, the counts were, as 

 under the lower empire, officers of various degrees. The count of the 

 palace was the first dignity in the state, after the main of the palace. 

 He presided in the court royal when the prince was absent, and 

 possessed sovereign jurisdiction. He also exercised a great influence 

 in the nomination of the king's delegates, who, under the title of counts, 

 administered the provinces. A count had the government of a small 

 district, often limited to a town and its dependencies. He was at the 

 same time a judge, a civil administrator, and a military commander. 

 In case of war, he led in person the contingent of his county to the 

 army. The learned Dutillet, in his ' Recueil des Rois de France, de 

 leur Couronne, et Maison,' &c., expatiates on the functions of ancient 

 counts. With the progress of tune, the counts, as well as the other 

 officers appointed to govern the provinces, the towns, and the frontiers, 

 succeeded in rendering their places hereditary, and in making them- 

 selves sovereign masters of the districts of which they had only been 

 created reinoveable and revocable administrators. At first they con- 

 tented themselves with securing the reversion to their sons, then to 

 their collateral heirs, and finally they declared those places hereditary 

 for ever, under Hugh Capet, the son of Robert, count of Paris, who 

 himself only obtained the throne partly in consequence of that con- 

 cession. It was feudalism that introduced inheritance instead of 

 election as a permanent rule in political successions. The supreme 

 chief of the ancient Franks, toning (Lat. rex), was a magistrate, and as 

 a magistrate he was elected, although always from the same family. 

 The inferior chiefs, herirzoghe, yraten, rakhen-oury/ic * (Lat. cluees, comites, 

 indices), were also elected. 



The term " count " is now become in France a mere title, conferring 

 no political importance. In the papal states, as well as in those of 



Heri-:oghc, in Its proper acceptation, means leader of an army, from the 

 word heer, array, and the verb lichen, to lead. Grave, graf, gliertf, means, in 

 all the Germanic dialects, the authority of a secondary magistrate. Jlak/tm- 

 burghe meani notable persons ; they are employed as judges and guardians of 

 public order. 



