COURT-MARTIAL COUSTON. 



499 



the still more groundless notion that a rourt of chancery pro- 

 reeds, without any regard to the law or to principles, upon the 

 mere arbitrary discretion of the judge. These prejudices are, 

 however, gradually wearing away, and the remedies, which 

 can only be obtained by proceedings in equity, are from time 

 to time introduced by successive legislative acts. In all the 

 states in which the two species of courts are distinguished, the 

 tribunal of final resort, as in England, is the same in appeals 

 from courts, both of law and equity. There is established, in 

 the city of New York, a tribunal called the marine court, hav- 

 ing jurisdiction of marine torts and questions between masters 

 of vessels and their crews ; but, in general, all subjects of 

 commercial and maritime jurisdiction, not belonging exclusive- 

 ly to the courts of the United States, but remaining in the same 

 tribunals, either exclusively or concurrently with the courts of 

 the United States such as bills of exchange, bills of lading, 

 charter- parties, policies of insurance, claims for seamen's wages, 

 claims for contributions in general average, and maritime torts 

 are within the jurisdiction of the same courts which have 

 cognizance of other contracts, and torts of similar amounts. In 

 most of the states, the jurisdiction of the subject of wills, and 

 granting administration on the estates of persons deceased in. 

 testate, and the appointing of guardians to minors, is assigned 

 to certain tribunals, denominated courts of probate, orphans' 

 courts, sometimes the register 3 ! court; and, in one state, a part 

 of this jurisdiction is vested in the court of the ordinary. 

 These courts are held in the several counties. An appeal lies 

 from them, generally, to the higher tribunals. In some states, 

 the sessions of the tribunal of final resort are held only at the 

 capital ; in others, again, the sessions are held in the several 

 counties, one session or more in the year being devoted, in 

 each county, to the determination of questions of law, for 

 which purpose all the judges make a circuit of the state in a 

 body. 



COURT-MARTIAL. See Martial Law. 



COURTS OF LOVE (cours <F amour, corti d'a- 

 more). In the chivalric period of the middle ages, 

 when love was not satisfied with remaining a cher- 

 ished secret of the heart, but stood forth to public 

 view ; when enamoured knights were ambitious to 

 draw the attention of the world, and prove the 

 ardour of their passion, by deeds of daring ; when 

 ladies were the soul and ornament of the tourney ; 

 and love, in short, was the serious business of life 

 among the higher classes of society, subtle ques- 

 tions on topics of gallantry were discussed in mixed 

 companies, and often made subjects of poetical com- 

 petition by the troubadours or poets in their chansons; 

 such for example, as the following : " Which is 

 most easy to be endured, the death or inconstancy of 

 a mistress ?" " Should you rather see me leave your 

 mistress as you approach, or approach as you re- 

 tire ?" " Who suffers most, a husband whose wife, 

 or a lover whose mistress, is unfaithful?" At this 

 period, when love was regarded as the source of 

 nobleness of character ; when even bishops sung its 

 praises, and the uncultivated and unoccupied minds 

 of a feudal nobility were at a loss for intellectual en- 

 tertainment, the doubts and difficulties which grew 

 out of the belle passion led to the institution of courts 

 of love. The first was probably established in Pro- 

 vence about the twelfth century. These courts 

 were composed of knights, poets, and ladies, who 

 gave their decisions as arrits d'amour, after the man- 

 ner of the parliaments. In 1803, Christopher von 

 Aretin published a collection of these decisions from 

 ancient manuscripts. There is likewise an older 

 collection of them, by Martial d'Auvergne. This 

 species of amusement was so popular, that hardly 

 any court festival took place without a contest in a 

 cour d'amour. These courts reached their highest 

 splendour, in France, under Charles VI., through 

 the influence of his consort, Isabella of Bavaria, 

 whose court was established in 1380. (See Die Min- 

 nehoefe des Mittelalters tend ihre Entscheidungen oder 

 Aussprueche, &c., (Leipsic, 1821.) Under Louis 

 XIV., an academy of love was instituted by cardinal 

 Richelieu (assemblee galante) at Ruel. It was an 

 imitation of the courts of love. The princess Maria 

 of Gonzaga presided, and mademoiselle Scudery was 

 attorney-general. We conclude with the interest- 

 ing decision, somewhat at variance with the notions 

 of our times, given by the countess of Champagne on 

 the question, " Can true love exist between husband 



and wife?" The "opinion" was: Nous disons et 

 assuro?is, par la teneur des presentes, que I' amour ne 

 peut etendre ses droits sur deux personnes mariees. 

 Et effet, les amants s'accordent tout mutuellement et 

 gratuitement,sans etre contraints par aucune necessite, 

 tandis que les epoux sont tenus par devoir de sutir 

 reciproquement leurs volontes, et de ne se refuser rien 

 les uns aux autres. Quecejugement, que nous avons 

 rendu avec une extreme prudence, et d'apres I'avis 

 d'un grand nombre d' autres dames, soit pour vou 

 d'uneautorite constanteet irrefragable. Ainsijuge, fan 

 1174, le troisieme jour des calendes de Mai, indiction 

 septieme.* 



COURT DE GEBELIN, ANTOINE; born at 

 Nismes in 1724 ; died at Paris in 1784. His lather, 

 a Protestant, left France on the revocation of the edict 

 of Nantes, and repaired to Switzerland. The young 

 Gebelin studied with eagerness the writings of the 

 ancients. In his twelfth year, he gained the admira- 

 tion of all by the extent of his knowledge. His 

 studies embraced natural history, mathematics, the 

 dead and living languages, mythology, antiquities 

 and archasology. After his father's death, he went 

 to Paris- Here he soon became connected with the 

 most distinguished men. After ten years, he pub- 

 lished, from 1773, to 1784, Le Monde Primitif. 

 The learning displayed in this work excited univer- 

 sal admiration. Another production of his is the 

 Museum. Count de Gebelin was remarkable for his 

 amiable and simple manners. He looked with aver- 

 sion on the quarrels of writers. Towards the end of 

 his life he became a believer in animal magnetism, 

 which was at that time much in vogue. He defend- 

 ed Mesmer, the author of the theory, in his Lettre 

 sure le Magnetism Animal (Paris, 1784, 4to), shortly 

 after which he died. 



COURTESY, or CURTESY, tenure by, is where 

 a man marries a woman seized of an estate of inheri- 

 tance, and has by her issue born alive, which was 

 capable of inheriting her estate. In this case, on 

 the death of his wife, he holds the lands for his life, 

 as tenant by courtesy. 



COURTRAY, or CORTRIJK (anciently Cort> 

 riacunf) ; a fortified town in the Netherlands in West 

 Flanders ; twenty-two miles S. W. Ghent, twenty- 

 four S. Bruges; Ion. 3 Itf E. ; lat. 50 49' N.; 

 population, 15,800. It is situated on the river Lys, 

 and celebrated for its manufacture of table linen and 

 lace. Near Courtray, in 1302, the Flemings, under 

 the command of the count of Namur and William of 

 Juliers, defeated the French, who suffered so severe- 

 ly, that, after the battle, 4000 gilt spurs were found 

 on the field of battle, whence the engagement was 

 called la bataille des eperons. In 1793, the French 

 gained a victory over the British at this place. 



COUSTON, NICHOLAS, born at Lyons, January 

 9, 1658, died at Paris, in 1733 ; and Guillaume Cou- 

 ston, born in 1678, died at Paris, in 1746; two bro- 

 thers, famous as sculptors, from whose labours in 

 France, during the reign of Louis XV., statuary re- 

 ceived a noble impulse. The elder was admired for 

 grandeur of ideas and fine taste. He drew correctly, 

 gave to his figures noble attitudes, and splendid and 

 pleasing draperies. His Descent from the Cross, in 

 the cathedral in Paris, is particularly valued. The 

 younger brother was a worthy disciple of the elder 



TRANSLATION. We certify, by the tenor of these 

 presents, that love cannot extend its rights upon two mar. 

 ried persons. In fine, lovers agree mutually and sponta- 

 neously, without being constrained by necessity, whilst mar- 

 ried persons are bound by duty reciprocally to yield their 

 wills, and refuse nothing to each other. Let this judg- 

 ment, which we have given with great prudence, and af- 

 ter having consulted with a great number of other ladies, 

 be your firm and constant authority. Given in the year 

 1174. third day of the calends of May, seventh indictiou. 

 2 I 2 



