Part 2 — Chapter IV.—Of Provincial and Communal Institutions.

Article 108. Provincial and communal institutions are regulated by the laws. These laws sanction the application of the following principles:

1. Direct election, with the exceptions which the law may establish in regard to the chiefs of communal administration and the government commissioners to the provincial councils;

2. The assigning to provincial and communal councils of all which is of provincial and communal interest without prejudice to the approval of their acts in the cases and according to the proceedings which law determines;

3. The publicity of the sittings of the provincial and communal councils within the limits established by law;

4. The publicity of budgets and accounts;

5. The intervention of the King' or of the legislative power to prevent the provincial and communal councils from going beyond their powers and injuring the general welfare.

Article 109. The drawing up of certificates of birth, marriage and death, and the keeping of the registers, are the exclusive prerogatives of communal authorities.

Title IV. Of the Finances.

Article 110. No tax for the profit of the State can be imposed otherwise than by a law. No charge or provincial assessment can be imposed without the consent of the provincial council. No charge or communal assessment can be imposed, without the consent of the communal council. The law must determine those exceptions of which experience will show the necessity in the matter of provincial and communal impositions.

Article 111. Taxes for the profit of the State are voted annually. The laws which impose them are valid for one year only, unless renewed.

Article 112. There can be no creation of privilege in the matter of taxes. No exemption from nor diminution of taxes can be established otherwise than by a law.

Article 113. Beyond the cases expressly excepted by law, no payment can be exacted from citizens, otherwise than in taxes levied for the profit of the State, of the province, or of the commune. No innovation is made on the actually existing system of the polders and the wateringen, which remain subject to the ordinary legislation.

Article 114. No pension, nor gratuity at the expense of the public treasury can be granted without authority of law.

Article 115. Each year, the Chambers determine the law of accounts and vote the budget. All the receipts and expenditures of the State must be entered in the budget and in the accounts.

Article 116. The members of the court of accounts are appointed by the Chamber of Representatives and for the term fixed by law. That court is intrusted with the examination and the settlement of the accounts of the general administration and of all the accountants for the public treasury. It sees that no article of the expenses of the budget has been exceeded and that no transfer has taken place. It determines the accounts of the different administrations of the State and is required for that purpose to gather all information, and all documents that may be necessary. The general account of the State is submitted to the Chambers with the observations of the court of accounts. This court is organized by law.

Article 117. The salaries and pensions of the ministers of religion are paid by the State; the sums required to meet these expenses are entered annually in the budget.

Title V. Of the Army.

Article 118. The mode of recruiting the army is determined by law. The law also regulates promotions, and the rights and obligations of the military.

Article 119. The contingent of the army is voted annually. The law that fixes it is of force for one year only, unless renewed.

Article 120. The organization and the powers of the gendarmerie are the subject of a law.

Article 121. No foreign troops can be admitted to the service of the State, nor to occupy or pass through its territory, except by provision of law.

Article 122. There is a civic guard; its organization is regulated by law. The officers of all ranks, up to that of captain at least, are appointed by the guards with exceptions judged necessary for the accountants.

Article 123. The mobilization of the civic guard can occur only by direction of law.

{3732}

Article 124. Military men can be deprived of their grades, honors, and pensions only in the manner determined by law.

Title VI. General Provisions.

Article 125. The Belgian nation adopts the colors red, yellow and black, and for the arms of the kingdom the Belgic lion with the motto: "L'Union fait la Force" ["Union is Strength"].

Article 126. The city of Brussels is the capital of Belgium and the scat of its government.

Article 127. No oath can be imposed except by law. The law also determines its formula.

Article 128. Any foreigner who is within the territory of Belgium enjoys the protection accorded to persons and goods, with the exceptions defined by law.

Article 129. No law, decree, or administrative regulation, general, provincial, or communal, is obligatory until it has been published in the form prescribed by law.

Article 130. The Constitution cannot be suspended, either wholly or in part.

Title VII. Of the Revision of the Constitution.

Article 131. The legislative power has the right to declare that there is occasion for revising such constitutional provision as it designates. After such declaration, the two Chambers are dissolved. Two new Chambers shall then be convoked, in conformity with Article 71. These Chambers act, in concurrence with the King, on the points submitted for revision. In such case, the Chambers cannot deliberate unless two-thirds at least of the members composing each one of them are present, and no change which does not receive at least two-thirds of the votes in its favor shall be adopted.

Title VIII.—Temporary Provisions.

Article 132. For the first choice of the chief of the State, the first stipulation of Article 80 may be departed from.

Article 133. Foreigners who settled in Belgium before the 1st of January 1814, and who have continued to reside in the country, are considered as Belgians by birth, on condition that they declare their intention to enjoy the benefit of this provision. The declaration must be made within six months, dating from the day when the present Constitution becomes obligatory, if they are of age, and in the year following their majority if they are under age. The declaration must be made before the provincial authority within whose jurisdiction they reside. It must be made in person or through a representative bearing a special and authentic power of attorney.

Article 134. Until otherwise provided for by a law, the Chamber of Representatives shall have a discretionary power to accuse a minister, and the Court of Cassation to judge him, characterizing the offense and determining the penalty. Nevertheless the penalty cannot exceed that of imprisonment, without prejudice to the cases expressly provided for by penal laws.

Article 135. The staff of courts and tribunals is maintained as it actually exists, until it shall have been provided for by law. Such law shall be enacted during the first legislative session.

Article 136. A law enacted in the same session shall determine the mode of the first appointment of members of the Court of Cassation.

Article 137. The fundamental law of the 24th of August 1815, is hereby repealed, as well as the provincial and local statutes; but the provincial and local authorities will exercise their powers until the law shall have otherwise provided.

Article 138. From the day on which this Constitution goes into effect, all laws, decrees, decisions, regulations, and other acts that are in conflict with it are abrogated.

Supplementary Provisions.

Article 139. The National Congress declares that it is necessary to provide by separate laws and with the least possible delay for the following objects: 1. The Press; 2. The organization of the jury; 3. The finances; 4. Provincial and communal organization; 5. The responsibility of ministers and other agents of authority; 6. The organization of the judiciary; 7. The revision of the pension list; 8. Proper measures for preventing the abuse of plurality of offices; 9. Revision of the laws of bankruptcy and suspension; 10. The organization of the army, the rights of promotion and retirement, and the military penal code; 11. Revision of the codes. The executive power is charged with the execution of the present decree.

—————CONSTITUTION OF BELGIUM: End————

—————CONSTITUTION OF ITALY: Start————

The kingdom of Italy is still governed under the constitution which was granted in 1848, by Charles Albert, to his Sardinian subjects. It remains unchanged in form, but in practice has been modified by legislation. The following translation of the instrument, made by S. M. Lindsay, Ph. D., and L. S. Howe, Ph. D., University of Pennsylvania, is borrowed, under permission, from the:

"Annals of the American Academy of Political and Social Science," November, 1894, Supplement.

In their historical introduction to the instrument, the translators say: "The extension of this constitution to the various parts of the present Kingdom of Italy was effected by a series of Plebiscites:

Lombardy, December 7, 1859; Emilia by decree of March 18, 1860, and law of April 15, 1860; Neapolitan Provinces, December 17, 1860; Tuscany, decree March 22, and law April 15, 1860; Sicily, Marches and Umbria, December 17, 1860; Province of Venice, decree July 28, 1866; Roman Provinces, decree October 9 and law December 31, 1870. … Although no provision is to be found in this constitution for amendment, most Italian constitutional jurists have held that Parliament, with the approval of the King, has the power to make laws amending the constitution, for an immutable constitution is sure in time to hamper the development of a progressive people. It is hardly necessary to add that such an instrument is contrary to the true conception of an organic law. {3733} As a matter of fact several provisions have been either abrogated or rendered null and void through change of conditions. Thus the second clause of Article 28, requiring the previous consent of the bishop for the printing of Bibles, prayer books and catechisms, has been rendered of no effect through subsequent laws regulating the relations of Church and State. Article 76, which provides for the establishment of a communal militia, has been abrogated by the military law of June 14, 1874. The fact that no French-speaking provinces now form part of the kingdom has made Article 62 a dead-letter. So also Articles 53 and 55 are no longer strictly adhered to. At all events their observance has been suspended for the time being."

The translated text of the Constitution is as follows:

(Charles Albert, by the Grace of God, King of Sardinia, Cyprus and Jerusalem, Duke of Savoy, Genoa, Monferrato, Aosta, of the Chiablese, Genovese and of Piacenza; Prince of Piedmont and Oneglia; Marquis of Italy, Saluzzo, Ivrea, Susa, Ceva, of the Maro, of Oristano, of Cesana and Savona; Count of Moriana, Geneva, Nice, Trenda, Romonte, Asti, Alexandria, Goceano, Novara, Tortona, Vigevano and of Bobbio; Baron of Vaud and Faucigny; Lord of Vercelli, Pinerolo, Tarantasia, of the Lomellina and of the Valley of Sesia, etc., etc., etc.) With the fidelity of a king and the affection of a father, we are about to-day to fulfill all that we promised our most beloved subjects in our proclamation of the eighth of last February, whereby we desired to show, in the midst of the extraordinary events then transpiring throughout the country, how much our confidence in our subjects increased with the gravity of the situation, and how, consulting only the impulse of our heart, we had fully determined to make their condition conform to the spirit of the times and to the interests and dignity of the nation. We, believing that the broad and permanent representative institutions established by this fundamental statute are the surest means of cementing the bonds of indissoluble affection that bind to our crown a people that has so often given us ample proof of their faithfulness, obedience and love, have determined to sanction and promulgate this statute. We believe, further, that God will bless our good intentions, and that this free, strong and happy nation will ever show itself more deserving of its ancient fame and thus merit a glorious future. Therefore, we, with our full knowledge and royal authority and with the advice of our Council, have ordained and do hereby ordain and declare in force the fundamental perpetual and irrevocable statute and law of the monarchy as follows:

Article 1. The Catholic, Apostolic and Roman religion is the only religion of the State.

See Law of the Papal Guarantees, under PAPACY: A. D. 1870 (page 2478)].

Other cults now existing are tolerated conformably to the law.

Article 2. The State is governed by a representative monarchical government, and the throne is hereditary according to the Salic law.

Article 3. The legislative power shall be exercised collectively by the King and the two Chambers, the Senate and the Chamber of Deputies.

Article 4. The person of the King is sacred and inviolable.

Article 5. To the King alone belongs the executive power. He is the supreme head of the State; commands all land and naval forces; declares war; makes treaties of peace, alliance, commerce and other treaties, communicating them to the Chambers as soon as the interest and security of the State permits, accompanying such notice with opportune explanations; provided that treaties involving financial obligations or change of State territory shall not take effect until they have received the consent of the Chambers.

Article 6. The King appoints to all the offices of the State and makes the necessary decrees and regulations for the execution of the laws, provided that such decrees do not suspend or modify their observance.

Article 7. The King alone sanctions and promulgates the laws.

Article 8. The King may grant pardons and commute sentences.

Article 9. The King convokes the two Chambers each year. He may prorogue their sessions and dissolve the Chamber of Deputies, in which case he shall convoke a new Chamber within a period of four months.

Article 10. The initiative in legislation belongs both to the King and the two Houses. All bills, however, imposing taxes or relating to the budget shall first be presented to the Chamber of Deputies.

Article 11. The King shall attain his majority upon completion of his eighteenth year.

Article 12. During the King's minority, the Prince who is his nearest relative in the order of succession to the throne, shall be regent of the realm, provided he be twenty-one years of age.

Article 13. Should the Prince upon whom the regency devolves be still in his minority and this duty pass to a more distant relative, the regent who actually takes office shall continue in the same until the King becomes of age.

Article 14. In the absence of male relatives, the regency devolves upon the Queen-Mother.

Article 15. In the event of the prior decease of the Queen-Mother, the regent shall be elected by the legislative Chambers, convoked within ten days by the Ministers of the Crown.

Article 16. The preceding provisions in reference to the regency are also applicable in case the King has attained his majority, but is physically incapable of reigning. Under such circumstances, if the heir presumptive to the throne be eighteen years of age, be shall be regent of full right.

Article 17. The Queen-Mother has charge of the education of the King until he has completed his seventh year; from this time on his guardianship passes into the hands of the regent.

Article 18. All rights pertaining to the civil power in matters of ecclesiastical benefices and in the execution of all regulations whatsoever coming from foreign countries shall be exercised by the King.

Article 19. The civil list of the Crown shall remain, during the present reign, at an amount equal to the average of the same for the past ten years. The King shall continue to have the use of the royal palaces, villas, gardens and their appurtenances, and also of all chattels intended for the use of the Crown, of which a speedy inventory shall be made by a responsible ministerial department. In the future the prescribed dotation of the Crown shall be fixed for the duration of each reign by the first Legislature subsequent to the King s accession to the throne.

{3734}

Article 20. The property that the King possesses in his own right, shall form his private patrimony, together with that to which he may acquire title either for a consideration or gratuitously in the course of his reign. The King may dispose of his private patrimony either by deed or will exempt from the provisions of the civil law as to the amount thus disposable. In all other cases, the King's patrimony is subject to the laws that govern other property.

Article 21. The law shall provide an annual civil list for the heir apparent to the throne when he has attained his majority, and also earlier on occasion of his marriage; for the allowances of the Princes of the royal family and royal blood within the specified conditions; for the dowries of the Princesses and for the dowries of the Queens.

Article 22. Upon ascending the throne, the King shall take an oath in the presence of the two Chambers to observe faithfully the present constitution.

Article 23. The regent, before entering on the duties of that office, shall swear fidelity to the King and faithful observance of this constitution and of the laws of the State.

Article 24. All the inhabitants of the Kingdom, whatever their rank or title, shall enjoy equality before the law. All shall equally enjoy civil and political rights and be eligible to civil and military office, except as otherwise provided by law.

Article 25. All shall contribute without discrimination to the burdens of the State, in proportion to their possessions.

Article 26. Individual liberty is guaranteed. No one shall be arrested or brought to trial except in cases provided for and according to the forms prescribed by law.

Article 27. The domicile shall be inviolable. No house search shall take place except in the enforcement of law and in the manner prescribed by law.

Article 28. The press shall be free, but the law may suppress abuses of this freedom. Nevertheless, Bibles, catechisms, liturgical and prayer books shall not be printed without the previous consent of the bishop.

Article 29. Property of all kinds whatsoever shall be inviolable. In all cases, however, where the public welfare, legally ascertained, demands it, property may be condemned and transferred in whole or in part after a just indemnity has been paid according to law.

Article 30. No tax shall be levied or collected without the consent of the Chambers and the sanction of the King.

Article 31. The public debt is guaranteed. All obligations between the State and its creditors shall be inviolable.

Article 32. The right to peaceful assembly, without arms, is recognized, subject, however, to the laws that may regulate the exercise of this privilege in the interest of the public welfare. This privilege is not applicable, however, to meetings in public places or places open to the public, which shall remain entirely subject to police law and regulation.

Article 33. The Senate shall be composed of members, having attained the age of forty years, appointed for life by the King, without limit of numbers. They shall be selected from the following categories of citizens: 1. Archbishops and Bishops of the State. 2. The President of the Chamber of Deputies. 3. Deputies after having served in three Legislatures, or after six years of membership in the Chamber of Deputies. 4. Ministers of State. 5. Secretaries to Ministers of State. 6. Ambassadors. 7. Envoys Extraordinary after three years of such service. 8. The First Presidents of the Courts of Cassation and of the Chamber of Accounts. 9. The First Presidents of the Courts of Appeal. 10. The Attorney-General of the Courts of Cassation and the Prosecutor-General, after five years of service. 11. The Presidents of the Chambers of the Courts of Appeal after three years of service. 12. The Councillors of the Courts of Cassation and of the Chamber of Accounts after five years of service. 13. The Advocates-General and Fiscals-General of the Courts of Appeal after five years of service. 14. All military officers of the land and naval forces with title of general. Major-generals and rear-admirals after five years of active service in this capacity. 15. The Councillors of State after live years of service. 16. The members of the Councils of Division after three elections to their presidency. 17. The Provincial Governors (Intendenti generali) after seven years of service. 18. Members of the Royal Academy of Science of seven years standing. 19. Ordinary members of the Superior Council of Public Instruction after seven years of service. 20. Those who by their services or eminent merit have done honor to their country. 21. Persons who, for at least three years, have paid direct property or occupation taxes to the amount of 3,000 lire.

Article 34. The Princes of the Royal Family shall be members of the Senate. They shall take rank immediately after the President. They shall enter the Senate at the age of twenty-one and have a vote at twenty-five.

Article 35. The President and Vice-Presidents of the Senate shall be appointed by the King, but the Senate chooses from among its own members its secretaries.

Article 36. The Senate may be constituted a High Court of Justice by decree of the King for judging crimes of high treason and attempts upon the safety of the State, also for trying Ministers placed in accusation by the Chamber of Deputies. When acting in this capacity, the Senate is not a political body. It shall not then occupy itself with any other judicial matters than those for which it was convened; any other action is null and void.

Article 37. No Senator shall be arrested except by virtue of an order of the Senate, unless in cases of flagrant commission of crime. The Senate shall be the sole judge of the imputed misdemeanors of its members.

Article 38. Legal documents as to births, marriages and deaths in the Royal Family shall be presented to the Senate and deposited by that body among its archives.

Article 39. The elective Chamber is composed of deputies chosen by the electoral colleges as provided by law.

{3735}

["The election law long in force was that of December 17, 1860, which was subsequently modified in July, 1875, and in May, 1877. In January, 1882, a comprehensive electoral reform was inaugurated by which the electoral age qualification was reduced from twenty-five to twenty-one years, and the tax qualification to an annual payment of nineteen lire eighty centesimi as a minimum of direct taxes. This law introduced a new provision requiring of electors a knowledge of reading and writing. It is an elaborate law of 107 articles. The provisions relating to the elections by general ticket were further revised by law of May and decree of June, 1882, and the text of the whole law was co-ordinated with the preceding laws by Royal Decree of September 24, 1882. It was again modified May 5th, 1891, by the abolition of elections on general tickets and the creation of a Commission for the territorial division of the country into electoral colleges. The number of electoral colleges is at present fixed at 508, each electing one Deputy. Twelve articles of this law of 1882, as thus amended, have been again amended by a law dated June 28, 1892, prescribing further reforms in the control and supervision of elections, and by law of July 11, 1894, on the revision of electoral and registration lists."—Foot-note.]

Article 40. No person shall be a member of the Chamber who is not a subject of the King, thirty years of age, possessing all civil and political rights and the other qualifications required by law.

Article 41. Deputies shall represent the nation at large and not the several Provinces from which they are chosen. No binding instructions may therefore be given by the electors.

Article 42. Deputies shall be elected for a term of five years; their power ceases ipso jure at the expiration of this period.

Article 43. The President, Vice-presidents and Secretaries of the Chamber of Deputies shall be chosen from among its own members at the beginning of each session for the entire session.

Article 44. If a Deputy ceases for any reason whatsoever to perform his duties, the electoral college that chose him shall be convened at once to proceed with a new election.

Article 45. Deputies shall be privileged from arrest during the sessions, except in cases of flagrant commission of crime; but no Deputy may be brought to trial in criminal matters without the previous consent of the Chamber.

Article 46. No warrant of arrest for debts may be executed against a Deputy during the sessions of the Chamber, nor within a period of three weeks preceding or following the same.

["This article has been practically abolished by the Mancini law of December 6, 1877, doing away with personal arrest for debts."—Footnote.]

Article 47. The Chamber of Deputies shall have power to impeach Ministers of the Crown and to bring them to trial before the High Court of Justice.

Article 48: The sessions of the Senate and Chamber of Deputies shall begin and end at the same time, and every meeting of one Chamber, at a time when the other, is not in session, is illegal and its acts wholly null and void.

Article 49. Senators and Deputies before entering upon the duties of their office shall take an oath of fidelity to the King and swear to observe faithfully the Constitution and laws of the State and to perform their duties with the joint welfare of King and country as the sole end in view.

Article 50. The office of Senator or Deputy does not entitle to any compensation or remuneration.

Article 51. Senators and Deputies shall not be held responsible in any other place for opinions expressed or votes given in the Chambers.

Article 52. The sessions of the Chambers shall be public. Upon the written request of ten members secret sessions may be held.

Article 53. No session or vote of either Chamber shall be legal or valid unless an absolute majority of its members is present.

[This article is not observed in actual parliamentary practice.—Foot-note.]

Article 54. The action of either Chamber on any question shall be determined by a majority of the votes cast.

Article 55. All bills shall be submitted to committees elected by each House for preliminary examination. Any proposition discussed and approved by one Chamber shall be transmitted to the other for its consideration and approval; after passing both Chambers it shall be presented to the King for his sanction. Bills shall be discussed article by article.

Article 56. Any bill rejected by one of the three legislative powers cannot again be introduced during the same session.

Article 57. Every person who shall have attained his majority has the right to send petitions to the Chambers, which in turn must order them to be examined by a committee; on report of the committee each House shall decide whether they are to be taken into consideration, and if voted in the affirmative, they shall be referred to the competent Minister or shall be deposited with a Government Department for proper action.

Article 58. No petition may be presented in person to either Chamber. No persons except the constituted authorities shall have the right to submit petitions in their collective capacity.

Article 59. The Chambers shall not receive any deputation, nor give hearing to other than their own members and the Ministers and Commissioners of the Government.

Article 60. Each Chamber shall be sole judge of the qualifications and elections of its own members.

Article 61. The Senate as well as the Chamber of Deputies shall make its own rules and regulations respecting its methods of procedure in the performance of its respective duties.

Article 62. Italian shall be the official language of the Chambers. The use of French shall, however, be permitted to those members coming from French-speaking districts and to other members in replying to the same.

Article 63. Votes shall be taken by rising, by division, and by secret ballot. The latter method, however, shall always be employed for the final vote on a law and in all cases of a personal nature.

Article 64. No one shall hold the office of Senator and Deputy at the same time.

Article 65. The King appoints and dismisses his ministers.

Article 66. The Ministers shall have no vote in either Chamber unless they are members thereof. They shall have entrance to both Chambers and must be heard upon request.

Article 67. The Ministers shall be responsible. Laws and decrees of the government shall not take effect until they shall have received the signature of a Minister.

{3736}

Article 68. Justice emanates from the King and shall be administered in his name by the judges he appoints.

Article 69. Judges appointed by the King, except Cantonal or District judges (di mandamento), shall not be removed after three years of service.

Article 70. Courts, tribunals and judges are retained as at present existing. No modification shall be introduced except by law.

Article 71. No one shall be taken from his ordinary legal jurisdiction. It is therefore not lawful to create extraordinary tribunals or commissions.

Article 72. The proceedings of tribunals in civil cases and the hearings in criminal cases shall be public as provided by law.

Article 73. The interpretation of the laws, in the form obligatory upon all citizens, belongs exclusively to the legislative power.

Article 74. Communal and provincial institutions and the boundaries of the communes and provinces shall be regulated by law.

Article 75. The military conscriptions shall be regulated by law.

Article 76. A communal militia shall be established on a basis fixed by law.

Article 77. The State retains its flag, and the blue cockade is the only national one.

Article 78. The knightly orders now in existence shall be maintained with their endowments, which shall not be used for other purposes than those specified in the acts by which they were established. The King may create other orders and prescribe their constitutions.

Article 79. Titles of the nobility are guaranteed to those who have a right to them. The King may confer new titles.

Article 80. No one may receive orders, titles or pensions from a foreign power without the King's consent.

Article 81. All laws contrary to the provisions of the present constitution are hereby abrogated.

Given at Turin on the fourth day of March, in the year of Our Lord, one thousand eight hundred and forty-eight, and of Our Reign the eighteenth.

Transitory Provisions.

Article 82. This statue shall go into effect on the day of the first meeting of the Chambers, which shall take place immediately after the elections. Until that time urgent public service shall be provided for by royal ordinances according to the mode and form now in vogue, excepting, however, the ratifications and registrations in the courts which are from now on abolished.

Article 83. In the execution of this statute the King reserves to himself the right to make the laws for the press, elections, communal militia and organization of the Council of State. Until the publication of the laws for the press, the regulations now in force on this subject remain valid.

Article 84. The Ministers are entrusted with, and are responsible for the execution and full observance of these transitory provisions.

—————CONSTITUTION OF ITALY: End————

CONSTITUTION OF NEW YORK STATE, and its Revisions.

See NEW YORK: A. D. 1777, 1821, 1846, 1867-1882, and 1894 (page 2339, and after).

CONSTITUTION OF RHODE ISLAND.

See RHODE ISLAND: A. D. 1888 (page 2646).

CONTRACT TABLETS, BABYLONIAN.

See MONEY AND BANKING (page 2199).

COOKE AND WHEATSTONE, Telegraphic Inventions of.

See ELECTRICAL DISCOVERY AND INVENTION: A. D. 1825-1874 (page 773).

CO-OPERATION.

See SOCIAL MOVEMENTS: A. D). 1816-1886, 1840-1848, 1848-1883 (pages 2938, 2942, 2946).

COPYRIGHT.

See LAW, COMMON: A. D. 1499; and EQUITY: A. D. 1875 (pages 1965 and 1994).

COREA. The war between Japan and China.

"The peninsula which projects between the Japanese and Yellow Seas southwards in the direction of the southern islands of Nippon is completely limited landwards. Like Italy, with which it may be compared in extent, and even to some degree in its orographic configuration, it is separated from the mainland by the Alpine Taipeishan or 'Great White Mountains,' of Manchuria. It has also its Apennines stretching north and south, and forming the backbone of the peninsula. … Like most regions of the extreme East, Korea is known to foreigners by a name which has little currency in the country itself. This term, belonging formerly to the petty state of Korié, has been extended by the Chinese and Japanese to the whole peninsula, under the forms of Kaokiuli, Korai, Kaoli. When all the principalities were fused in one monarchy, towards the close of the 14th century, the country, at that time subject to China, took the official title of Chaosien (Tsiosen)—that is, 'Serenity of the Morning'—in allusion to its geographical position east of the empire. Thus it is now designated by a poetical expression which exactly indicates its position between China and Japan. While for the people of the continent Japan is the land of the Rising Sun, Korea is the 'Serene' land, illumined by the morning rays. Although washed by two much-frequented seas, and yearly sighted by thousands of seafarers, Korea is one of the least known Asiatic regions. … From its very position between China and Japan, Korea could not fail to have been a subject of contention for its powerful neighbours. Before its fusion in one state it comprised several distinct principalities, whose limits were subject to frequent changes. These were, in the north, Kaokiuli (Kaoli), or Korea proper; in the centre, Chaosien and the 78 so-called 'kingdoms' of Chinese foundation, usually known as the San Kan (San Han), or 'Three Han'; in the south, Petsi, or Hiaksaï (Kudara), the Sinlo of the Chinese, or Siragi of the Japanese; beside the petty state of Kara, Zinna, or Mimana, in the south-east, round about the Bay of Tsiosan. The northern regions naturally gravitated towards China, whose rulers repeatedly interfered in the internal affairs of the country. But the inhabitants of the south, known in history by the Japanese name of Kmaso, or 'Herd of Bears,' were long subject to Japan, while at other times they made frequent incursions into Kiu-siu and Hondo, and even formed settlements on those islands. The first conquest of the country was made by the forces of the Queen Regent Zingu in the 3d century. {3737} Towards the end of the 16th the celebrated Japanese dictator and usurper Taïkosama, having conceived the project of conquering China, began with that of Korea, under the pretext of old Japanese rights over the country of the Kmaso. After wasting the land he compelled the King to become his tributary, and left a permanent garrison in the peninsula. A fresh expedition, although interrupted by the death of Taïkosama, was equally successful. Tsu-sima remained in the hands of the Japanese, and from that time till the middle of the present century Korea continued in a state of vassalage, sending every year presents and tribute to Nippon. … Thanks to the aid sent by the Ming dynasty to Korea, in its victorious struggle with the other petty states of the peninsula, and in its resistance to Japan, its relations with China continued to be of the most friendly character. Admirers of Chinese culture, the native rulers felt honoured by the investiture granted them by the 'Son of Heaven.' But after the Manchu conquest of the Middle Kingdom, Korea remaining faithful to the cause of the Mings, the new masters of the empire invaded the peninsula, and in 1637 dictated a treaty, imposing on the Koreans a yearly tribute. … But although since that time the native ruler takes the title of 'Subject,' China exercises no real sovereign rights in Korea."

E. Reclus, The Earth and its Inhabitants: Asia, volume 2, chapter 6.

"Since the conclusion of that treaty [of 1637], Corea has been at peace with both her neighbours and able, till within the last twenty years, to maintain the seclusion she so much desired. Until the beginning of the present century—when the doctrine preached by Roman missionaries in China began to filter across the frontier, and to provoke a fitful and uncertain intercourse between them and the few Coreans who had been attracted by the new religion—the only fresh glimpse we obtain of the interior of the country and its inhabitants is afforded by the well-known story of Henry Hamel, who was wrecked off the Corean coast in 1653, and detained there twelve years as a prisoner at large. … We come now to events nearer our own time, in which the propaganda of Rome and the proceedings of its emissaries begin to play a prominent and interesting part. In the year 1784, a young Corean named Le, who had come to Peking in the suite of the tribute-bearing embassy, applied to the Roman Catholic Mission for books and instruction in the science of mathematics, of which he was naturally fond. The missionaries profited by the occasion to lend him books on religion, which awakened his interest and led to his eventual conversion. As usual in such cases, the neophyte set himself, directly on his return, to propagate the new creed he had learned, among his relations and friends; and with so much success that, in less than five years, he had, according to Mgr. Govéa, gained 4,000 adherents. As may be imagined, however, the doctrine acquired from a convert who had had only a few months' instruction, and disseminated again at second-hand by men who had caught the crude idea from his conversation, was of a somewhat obscure description. … Neither letter nor news was received from the Corean Christians for more than two years; but two converts made their way to Peking, at the close of 1793, with news of a severe persecution which had occurred in the interval. … No sooner had the persecution … subsided, than a priest was successfully introduced across the frontier, to instruct and impart new life to the converts. Nor, it is affirmed, has the flock ever since been left unguarded. Persecution has followed persecution; but from Jacques Velloz, the first missionary to cross the frontier, who suffered martyrdom in 1800, to Mgr. Ridel, who has returned to Europe with health shattered by the anxieties and hardships undergone during the latest outbreak, there have always been some priests alternately tolerated or hiding in the country, and the spark lighted by the young Corean attache has never been quite extinguished. … On July 7th, 1866, a Roman Catholic missionary arrived in a Corean boat at Chefoo, with a tale of dire persecution. Two bishops, nine priests, and a number of Christians of both sexes had been massacred, many of them after judicial tortures of atrocious cruelty. Three members of the mission only survived, and M. Ridel had been chosen to carry the news to China, and endeavour to procure assistance. It was to the French authorities, naturally, that he addressed himself; and both Admiral Roze, the Commandant of the French fleet in Chinese waters, and M. de Bellonet, then charge-d'affaires at Peking, lent a sympathetic ear to his protest. … An expedition was accordingly resolved on. … Admiral Roze started from Chefoo with the expeditionary force on October 11th, arrived off Kang-hwa on the 14th, and occupied it, after a merely nominal resistance, two days later. The Coreans were apparently taken by surprise, having perhaps thought that the danger had passed. … The forts along the banks of the river were found ungarrisoned, and Kang-hwa itself, a considerable fortress containing large stores of munitions of war, was practically undefended. A letter was received, a few days later, inviting Admiral Roze to come or send delegates to Söul, to talk over matters in a friendly spirit; but he replied that, if the Corean authorities wished to treat, they had better come to Kang-hwa. This attitude was meant, no doubt, to be impressive, but the event proved it to be slightly premature. So far all had gone well; but the expedition was about to collapse with a suddenness contrasting remarkably with the expectations raised by M. de Bellonet's denunciations and Admiral Roze's hauteur. … The disastrous termination of … two movements appears to have persuaded Admiral Roze that the force at his disposal was insufficient to prosecute the enterprise to a successful issue, in face of Corean hostility. It was no longer a question whether he should go to Söul or the Coreans come to him: the expedition was at a deadlock. He had rejected the first overtures, and was not strong enough to impose terms. A retreat was accordingly decided on. The city of Kang-hwa was burned, with its public offices and royal palace."

R. S. Gundry, China and her Neighbours, chapter 9.

In 1866, when the French threatened Corea, the latter sought help from Japan and received none. Two years later, after the Japanese revolution which restored the Mikado to his full sovereignty, the Coreans declined to acknowledge his suzerainty, and bitterly hostile feelings grew up between the two peoples. The Japanese were restrained from war with difficulty by their more conservative statesmen. {3738} Without war, they obtained from Corea, in 1876, an important treaty, which contained in the first article "the remarkable statement that 'Chosen, being an independent State, enjoys the same sovereign rights as does Japan'—an admission which was foolishly winked at by China from the mistaken notion that, by disavowing her connection with Korea, she should escape the unpleasantness of being called to account for the delinquencies of her vassal. This preliminary advantage was more than doubled in value to Japan when, after the revolution in Söul in 1884, by which her diplomatic representative was compelled to flee for the second time from the Korean capital, she sent troops to avenge the insult and declined to remove them until China had made a similar concession with regard to the Chinese garrison, which had been maintained since the previous outbreak in 1882 in that city. By the Convention of Tientsin, which was negotiated in 1885 by Count Ito with the Viceroy Li Hung Chang, both parties agreed to withdraw their troops and not to send an armed force to Korea at any future date to suppress rebellion or disturbance without giving previous intimation to the other. This document was a second diplomatic triumph for Japan. … It is, in my judgment, greatly to be regretted that in the present summer [1894] her Government, anxious to escape from domestic tangles by a spirited foreign policy, has abandoned this statesmanlike attitude, and has embarked upon a headlong course of aggression in Korea, for which there appears to have been no sufficient provocation, and the ulterior consequences of which it is impossible to forecast. … Taking advantage of recent disturbances in the peninsula, which demonstrated with renewed clearness the impotence of the native Government to provide either a decent administration for its own subjects, or adequate protection to the interests of foreigners, and ingeniously profiting by the loophole left for future interference in the Tientsin Agreement of 1885, Japan … (in July 1894) landed a large military force, estimated at 10,000 men, in Korea, and is in armed occupation of the capital. Li Hung Chang … responded by the despatch of the Chinese fleet and of an expeditionary force, marching overland into the northern provinces."

G. N. Curzon, Problems of the Far East, chapter 7.

"The ostensible starting-point of the trouble that resulted in hostilities was a local insurrection which broke out in May in one of the southern provinces of Corea. The cause of the insurrection was primarily the misrule of the authorities, with possibly some influence by the quarreling court factions at the capital. The Corean king applied at once to China as his suzerain for assistance in subduing the insurgents, and a Chinese force was sent. Japan, thereupon, claiming that Corea was an independent state and that China had no exclusive right to interfere, promptly began to pour large forces into Corea, to protect Japanese interests. By the middle of June a whole Japanese army corps was at Seoul, the Corean capital, and the Japanese minister soon formulated a radical scheme of administrative reforms which he demanded as indispensable to the permanent maintenance of order in the country. This scheme was rejected by the conservative faction which was in power at court, whereupon, on July 23, the Japanese forces attacked the palace, captured the king and held him as hostage for the carrying out of the reforms. The Chinese were meanwhile putting forth great efforts to make up for the advantage that their rivals had gained in the race for control of Corea, and to strengthen their forces in that kingdom. On the 25th a Chinese fleet carrying troops to Corea became engaged in hostilities with some Japanese war vessels, and one of the transports was sunk. On August 1 the Emperor of Japan made a formal declaration of war on China, basing his action on the false claim of the latter to suzerainty over Corea, and on the course of China in opposing and thwarting the plan of reforms which were necessary to the progress of Corea and to the security of Japanese interests there. The counter-proclamation of the Chinese Emperor denounced the Japanese as wanton invaders of China's tributary state, and as aiming at the enslaving of Corea. On August 26 a treaty of offensive and defensive alliance against China was made between Japan and Corea. … A severe engagement at Ping-Yang, September 16, resulted in the rout of the Chinese and the loss of their last stronghold in Corea. A few days later the hostile fleets had a pitched battle off the mouth of the Yalu River, with the result that the Japanese were left in full control of the adjacent waters. On the 26th of October the Japanese land forces brushed aside with slight resistance the Chinese on the Yalu, which is the boundary between Corea and China, and began their advance through the Chinese province of Manchuria, apparently aiming at Pekin."

Political Science Quarterly, December, 1894.

On the 3d of November, Port Arthur being then invested by the Japanese land and naval forces, while Marshal Yamagata, the Japanese commander, continued his victorious advance through Manchuria, Prince Kung made a formal appeal to the representatives of all the Powers for their intervention, acknowledging the inability of China to cope with the Japanese. On the 21st of November, Port Arthur, called the strongest fortress in China, was taken, after hard fighting from noon of the previous day. In retaliation for the murder and mutilation of some prisoners by the Chinese, the Japanese gave no quarter, and are accused of great atrocities. To the advance of the Japanese armies in the field, the Chinese opposed comparatively slight resistance, in several engagements of a minor character, until the 19th of December, when a battle of decided obstinacy was fought at Kungwasai, near Hai-tcheng. The Japanese were again the victors. Overtures for peace made by the Chinese government proved unavailing; the Japanese authorities declined to receive the envoys sent, for the reason that they were not commissioned with adequate powers. Nothing came of an earlier proffer of the good offices of the Government of the United States. Obstinate fighting occurred at Kai-phing, which was captured by the Japanese on the 10th of January, 1895. On the 26th of January the Japanese began, both by land and sea, an attack on the stronghold of Wei-hai-wei, which was surrendered, with the Chinese fleet in its harbor on the 12th of February. Shortly afterwards, China made another effort to obtain peace, commissioning her able Statesman, Li-Hung-Chang, as a special envoy to Japan, with full power to negotiate terms. At the time of this writing, the result has not appeared.

{3739}

CORNELL UNIVERSITY, The founding of.

See EDUCATION, MODERN (page 735).

CORONER AND CORONER'S JURY.

See LAW, CRIMINAL LAW: A. D. 1215, and 1276 (page 1982).

CORRUPT AND ILLEGAL PRACTICES AT ELECTIONS, The English Act to prevent.

See England: A. D. 1883 (page 972).

CORTEREALS, Voyages of the.

See (in this Supplement) AMERICA.

COTTON-GIN, Whitney's, and its effect.

See UNITED STATES OF AMERICA: A. D. 1793 (page 3306).

COURTS, Origin of the English Criminal.

See LAW, CRIMINAL: A. D. 1066-1272 (page 1981).

COURTS OF OYER AND TERMINER.

See LAW, CRIMINAL: A. D. 1285 (page 1982).

COXEY MOVEMENT, The.

See SOCIAL MOVEMENTS: A. D. 1894 (page 2956).

CRIMINAL LAW.

See LAW, CRIMINAL (page 1981).

CRUSADES: The initial movements.

"The pious legend according to which Peter the Hermit is supposed to have been miraculously chosen by God Himself to call Christendom to arms for the purpose of freeing the Holy Sepulchre has long since been proved unhistorical by scientific investigators. That account of the matter may have given suitable expression to the religious enthusiasm which the crusades called forth in those circles that were especially strongly influenced by the church; but it is entirely without any actual foundation in fact, nay, more; the religious element altogether did not play nearly so important a part in the origin of the crusades as it would seem to have done to judge by the later character of the great movement. For if in those days church influences and the religious impulses on which they were based made a mighty impression and in many ways produced an almost overwhelming effect; nevertheless the reason for all this lay essentially herein that the whole age, more than any other, was in a condition, through crying agricultural, social and political needs, to give itself up without reserve to the influence of similar impelling forces, and that just for this reason it took up with such enthusiasm the impulse furnished by the church. In its most general form the thought which lies at the base of the crusades springs from the idea of the calling of Christendom to have and to hold the rule of the world. The desire to practically carry out this idea was especially active whenever the Christian ideal of world-rule, incorporated as it was in a double form in the empire and in the papacy, seemed near to realization; then it was that its inherent magic unfolded most irresistibly its animating and at the same time ensnaring power. Thus did Otto II, already, plan a great undertaking for the protection of Christendom against the Arabs. Thus did the fantastic mind of his immature son busy itself with plans for a great crusade. Neither one nor the other carried out his intention. But, little more than two generations later, the commanding position which the empire had at that time held, passed into the holding of the hierarchical papacy. The creator of this hierarchical papacy, who was beyond a doubt a reformer of genius, but revolutionary in his means and hostile to the state as regarded his final ends, was far from contenting himself with the spiritual power which belongs uncontestedly to the church, but strove for an actual, secular rule of the world. He thought to bring into his own hands the complete political guidance of Christendom as well as the command over its war-forces. … Plans for widening his political and ecclesiastical sphere of power formed the pith of Gregory VIIth's crusading plans. … Already the victorious course had come to a stand-still in which the Arabs up to the beginning of the eleventh century had threatened to flood southwestern Europe. It was to rid themselves of their troublesome enemies and their deeds of violence, but not, however for the sake of the Faith, that those who were threatened had determined to help themselves. This led to the rapid rise of the naval power of Pisa and Genoa, which soon won brilliant victories on the north coast of Africa, and at the same time the brave Normans struggled with growing success against the Arabs for the possession of fair Sicily. There and not in Rome was the thought of a holy war against the power of the Crescent first taken hold of; it sprang from the knightly zeal for action and the political genius of Robert Guiscard. … About the same time, moreover, the Christians of the Pyrenean peninsula had energetically roused themselves to a new attack against the Mohammedans. Along the whole line therefore, in southwestern Europe, the Christian arms were already victoriously pressing forward against the followers of the prophet when the call from Rome to the crusades first sounded out. Regarded as a whole, therefore, the crusades cannot simply be looked upon as the exclusive work of the church. The movement was already in full progress and had, independently of the church, most successful results to show, when that church's head undertook through a skillful act to concentrate the separate movements and to unite and organize them under his own guidance. This policy was cleverly carried out by Urban. The church succeeded effectually in bringing under her own undivided direction the undertakings which different peoples of the Occident had separately begun against their Mohammedan adversaries. For on the one hand the empire, to which even then the opinion of the world ascribed the first right of leadership in such a struggle, lay prostrate in abject weakness and degradation; it was incapable of fulfilling its calling. The whole age on the other hand was so thoroughly roused to its depths and so exhausted through the mighty spiritual struggles by which church-life especially was shaken to its very foundation that it submitted without opposition and even willingly to a churchly right of guidance emphatically asserted; the more so as this new guide promised to show the individual the way to inward rest and peace of soul. The deeply sunken church had been reformed by Cluny ideas; in place of the worldly doings and sensual pleasures which had formerly engrossed her servants and dignitaries, stern asceticism and saintly enthusiasm ruled the day. Although it was among the clergy of the eleventh century that the effect of this was primarily to be seen, yet it was not without influence on the great body of laymen. {3740} Not seldom do princes and nobles emulate each other in strict ecclesiasticism, in monkish practices and pilgrimages. An age without a parallel began of founding monasteries and churches. Was it to be wondered at that the people also, otherwise bound fast by the barren monotony of toilsome existence, turned their thoughts often in the same direction? The more frequent coming forward of popular saints and popular preachers, the overwhelmingly rapid increase in the worship of relics, which assumed a hitherto unheard-of significance for the catholic system of religious observance, and the astonishing renewal of life which came about in the matter of pilgrimages and sacred undertakings customary though they had been of old: all these show clearly how the enthusiastic frame of mind which had been aroused by Cluny won for itself wider and wider circles even beyond the pale of the clergy. And in an age like this, so deeply excited about church matters, fell now the world-rousing struggle between the papacy and the empire. It appeared to annihilate the foundations on which church and state had hitherto been reared. With bitterness men saw those powers in conflict with each other on whose concord they had believed the peace and happiness of the world to depend. … Most impressively of all, as far as the uneducated masses were concerned, was the wretchedness of the age betokened by the outward evils and ravagings which the termination of the reign of Henry IV brought about: by the vanishing of discipline and order, the utter prostration of law, the loosing even of the holy ties of family. The vassal broke faith with the feudal lord, the subject warred with the authorities, the son rose up against the father. Heavily did the chastening hand of God rest upon land and people. Everywhere did men suffer from feuds, robbery and violence; everywhere did the common man find himself in a position which he felt that he could no longer endure. In France the rural population was utterly prostrated under the galling oppressions of the nobles who were their landlords. In Germany, to add to similar evils, came the loosing of all bonds of order through the civil war which had sprung from the conflict concerning the investiture. … In short, wherever in the Occident one turns his gaze, everywhere did dissatisfaction and an impulse towards improvement, or at least towards change, rule the day; everywhere an eager desire with one stroke to break free from the uncomfortable, indeed in many cases unbearable, present! The dissatisfied and revolutionary mood which possessed high and low in almost all parts of occidental Christendom is one of the essential reasons why the call to the crusade at once set hundreds of thousands in motion and called forth a very wandering of the nations. … Hierarchical ideas and asceticism ruled the spirit of the age; in mind and in mood they had prepared Europe for the crusades. Most emphatically was this made evident by the fact that the crusaders marched out under the banner of the hierarchical papacy—that same red cross which Erlembald Cotta, the 'knight of the church' had borne on his white standard during the religious civil war in Lombardy, and which in 1066 had been bestowed by the pope on the conqueror of England. But on the other hand the political, social and agricultural needs, which were not to be put off and which kept calling for speedy change, were no less effective agents in the same direction. Not religious enthusiasm alone was it that ever anew, at the end of the eleventh century, impelled hundreds of thousands towards the Orient; how many would have staid at home quietly if they had had enough to eat and had otherwise rejoiced in an existence fit for a human being. But for years one bad harvest had succeeded another; almost everywhere there was want almost bordering on famine; to eke out their scanty existence countless of those of the lower classes had had to squander their possessions. They stood there now utterly without means; they were forced to emigrate if they would not starve at home. From all such oppressions, however, he was released who obeyed the call to the crusade. Brilliant gains seemed assured to him so soon as he allowed the red cross to be affixed to his garment. The serf became free, the debtor shook off his creditor or at any rate needed to pay him no interest. The monk escaped from the strict discipline of the monastery, he who had been under the ban was received again into the communion of the church. What wonder then if countless numbers hastened to join the adventurous expedition to the East which promised them such blessings; and to the outward advantages that allured the crusaders, to the expectation of the toilless acquisition of land and subjects, of money and possessions, must be added still the rich spiritual blessings and ecclesiastical rewards which were solemnly assured to the warriors of Christ. … Human nature at that time would have had to be actually raised out of itself, to have become to a certain extent untrue to itself if, in contrast to the misery at home, the alluring prospects which began to show themselves in the unknown distance had not worked an irresistible charm on the great masses of the people. Nor did the church have any scruples in putting in motion exactly these incentives to action; she declared that the prevailing misery arose from the thickness of the population in an impoverished land; she unchained the popular greed by representing what riches would be captured from the infidels, and even roused the sensual passions by the seductive praise of Greek female beauty. That such language should fairly carry away the great masses may easily be imagined. For we may surely not regard the people as of better moral fibre, and therefore more susceptible to ideal motives, than the princes and commanders who led the crusading armies. Of these, however, only the hot-blooded nobles of southern France can primarily pass for representatives of that churchly enthusiasm with which, according to the tradition well-tinged with legend, the crusaders as a whole are said to have been seized. And it is well known that their churchly narrow-mindedness brought the people of southern France, under Raymond of Toulouse, soon enough into direct opposition to the other participants in the first crusade. For the majority of the princes who had taken the cross were by no means willing to work for the sole advantage of the church, but wished to further their own worldly interests at least as much as they did those of the pope. Indeed the Norman princes whose race had been the first to take up the idea of a holy war against the infidels had joined the crusade without religious enthusiasm, after sober consideration and entirely following out their own selfish, world]y plans. And it was exactly into their hands that the leadership of the great undertaking primarily came: the more completely therefore did the worldly, political and dynastic points of view weigh down the churchly intentions of the pious fanatics who, under the influence of asceticism, wished only to serve the hierarchy."

Hans Prutz, Kulturgeschichte der Kreuzzüge, (translated from the German) pages 12-17.

See, also, CRUSADES, page 626.

{3741}

CUMBERLAND ROAD, The.

See UNITED STATES OF AMERICA: A. D. 1806-1812 (page 3335).

CURIA REGIS.

See LAW (page 1957).

CY PRES DOCTRINE.

See LAW, EQUITY: A. D. 1601 (page 1991).

CYRUS, King, and the Jews.

See JEWS: B. C. 604-536, and 537 (pages 1908-1910).

D.

D'ALBUQUERQUE, Afonso, and the domination of the Portuguese in the East.

See (in this Supplement) COMMERCE, MODERN.

DARNLEY, Lord, The murder of.

See SCOTLAND: A. D. 1561-1568 (page 2857).

DARTMOUTH COLLEGE CASE, The.

"Dartmouth College … was originally a charity school for the instruction of Indians in the Christian religion, founded by the Rev. Eleazer Wheelock, D. D., about the year 1754, at Lebanon, in Connecticut. Its success led Dr. Wheelock to solicit private subscriptions in England, for the purpose of enlarging it, and of extending its benefits to English colonists. Funds having been obtained for this purpose from various contributors, among whom the Earl of Dartmouth, Secretary for the Colonies, was a large donor, Dr. Wheelock constituted that nobleman and other persons trustees, with authority to fix the site of the college. The place selected was on the Connecticut River, at what is now the town of Hanover, in New Hampshire, where large donations of land were made by the neighboring proprietors. A charter for the college was obtained from the crown, in 1769, creating it a perpetual corporation. The charter recognized Dr. Wheelock as founder, appointed him to be the president, and empowered him to name his successor, subject to the approval of the trustees; to whom was also imparted the power of filling vacancies in their own body, and of making laws and ordinances for the government of the college, not repugnant to the laws of Great Britain or of the province, and not excluding any person on account of his religious belief. Under this charter, Dartmouth College had always existed, unquestioned and undisturbed in its rights as a corporation, down to the Revolution, and subsequently until the year 1815. Whether from political or personal motives springing up outside of the board of trustees of that period, or from some collisions arising within the body itself, it appears that … legislative interference with the chartered rights of this college was threatened. … In the following year (1816), the difficulties, which had become mixed with political interests, culminated in a direct interference by the Legislature. In that year an act was passed, changing the corporate name from 'The Trustees of Dartmouth College' to 'The Trustees of Dartmouth University;' enlarging the number of trustees, vesting the appointment of some of them in the political bodies of the State, and otherwise modifying the ancient rights of the corporation as they existed under its charter derived from the crown of England. A majority of the existing trustees refused to accept or to be bound by this act, and brought an action of trover in the Supreme Court of the State, in the name of the old corporation, against a gentleman, Mr. W. H. Woodward, who was in possession of the college seal and other effects, and who claimed to hold them as one of the officers of the newly-created 'university.' The argument in this case was made in the State court, for the college, by Mr. Mason and Mr. Jeremiah Smith, assisted by Mr. Webster. The decision was against the claim of the college. It was then determined to remove the cause, by writ of error, to the Supreme Court of the United States, under the provisions of the Federal Constitution and laws creating in that tribunal an appellate jurisdiction in cases which, although originating in a State court, involved the construction and operation of the Federal Constitution. This was supposed to be such a case, because it was claimed by the college that the act of the Legislature, modifying its charter, impaired the obligation of a contract; an exercise of power which the Constitution of the United States prohibits to the Legislature of a State. As soon as it was known in New Hampshire that this very interesting cause was to come before the Supreme Court of the United States, the friends of the college, including their other counsel in the State court, unanimously desired to have it committed to the hands of Mr. Webster. He consented to take charge of it in the autumn of 1817; but the cause was not argued at Washington until February, 1818. … Before the case of Dartmouth College vs. Woodward occurred, there had been no judicial decisions respecting the meaning and scope of the restraint in regard to contracts, excepting that it had more than once been determined by the Supreme Court of the United States that a grant of lands made by a State is a contract within the protection of this provision, and is, therefore, irrevocable. These decisions, however, could go but little way toward the solution of the questions involved in the case of the college. … Was the State of New Hampshire—a sovereign in all respects after the Revolution, and remaining one after the Federal Constitution, excepting in those respects in which it had subjected its sovereignty to the restraints of that instrument—bound by the contracts of the English crown? Is the grant of a charter of incorporation a contract between the sovereign power and those on whom the charter is bestowed? If an act of incorporation is a contract, is it so in any case but that of a private corporation? Was this college, which was an institution of learning, established for the promotion of education, a private corporation, or was it one of those instruments of government which are at all times under the control and subject to the direction of the legislative power? All these questions were involved in the inquiry whether the legislative power of the State had been so restrained by the Constitution of the United States that it could not alter the charter of this institution, against the will of the trustees, without impairing the obligation of a contract. … {3742} On the conclusion of the argument, the Chief Justice intimated that a decision was not to be expected until the next term. It was made in February, 1819, fully confirming the grounds on which Mr. Webster had placed the cause. From this decision, the principle in our constitutional jurisprudence, which regards a charter of a private corporation as a contract, and places it under the protection of the Constitution of the United States, takes its date."

G. T. Curtis, Life of Daniel Webster, volume 1, chapter 8.

See, also, LAW, COMMON: A. D. 1819 (page 1976).

DAVY, Sir Humphrey, and the discovery of the electric arc light.

See ELECTRICAL DISCOVERY: A. D. 1810-1890 (page 772).

DENMARK: Libraries.

See LIBRARIES, MODERN (page 2013).

DENMARK: Schools.

See EDUCATION (page 710).

DESCARTES, and modern physiological Science.

See MEDICAL SCIENCE: 17TH CENTURY (page 2134).

DIPHTHERIA, Appearance of.

See PLAGUE: 18TH CENTURY (page 2543).

DISCIPLES OF CHRIST.

"This body, often called also Christians, was one of the results of the great revival movement which began in Tennessee and Kentucky in the early part of the present century. Rev. Barton W. Stone, a Presbyterian minister who was prominent in the revival movement, withdrew from the Presbyterian Church, and in 1804 organized a church with no other creed than the Bible and with no name but that of Christian. One of his objects was to find a basis for the union of all Christian believers. A little later Thomas and Alexander Campbell, father and son, who came from Ireland, where the former had been a Presbyterian minister, organized union societies in Pennsylvania. Changing their views as to baptism, they joined the Redstone Association of Baptists. Shortly after, when Alexander Campbell was charged with not being in harmony with the creed, he followed the Burch Run Church, of which he was pastor, into the Mahoning Baptist Association, which, leavened with his teachings, soon ceased to be known as a Baptist association. In 1827, after some correspondence with Rev. B. W. Stone and his followers of the Christian Connection, there was a union with a large number of congregations in Ohio, Kentucky, and Tennessee, and the organization variously known as 'Disciples of Christ' and 'Christians' [also, popularly designated 'Campbellites'] is the result."

H. K. Carroll, Religious Forces of the United States, chapter 18.

DUNKARDS, The.

"The Dunkards, or German Baptists, or Brethren, are of German origin, and trace their beginning back to Alexander Mack, of Schwartzenau, Germany. Early in the 18th century Mack and several others formed a habit of meeting together for the study of the New Testament. They were convinced that its doctrines and principles of church order were not being faithfully followed, either by the Lutheran or the Reformed Church. They therefore resolved to form a society of their own. Alexander Mack was chosen as their pastor. Persecution soon arose, and they were scattered. In 1719 most of them got together and came to the United States, settling in Pennsylvania, where their first church was organized about 1723."

H. K. Carroll, Religious Forces of the United States, chapter 19.

DUTCH, Commerce of the.

See (In this Supplement) COMMERCE, MEDIÆVAL, and MODERN.

DYNAMO-ELECTRIC MACHINES, The invention of.

See ELECTRICAL DISCOVERY AND INVENTION: A. D. 1831-1872 (page 774).

E.

EBENEZER AND AMANA COMMUNITIES.

See SOCIAL MOVEMENTS: 1843-1874 (page 2945).

ECCLESIASTICAL LAW.

See LAW, ECCLESIASTICAL (page 1986).

EDISON, Electrical Inventions of.

See ELECTRICAL DISCOVERY AND INVENTION: A. D. 1841-1880, and 1876-1892 (pages 775-776).

EDMUNDS ACT, The.

See UTAH: A. D. 1882-1893 (page 3591).

EDUCATION.

See (in addition to pages 673-748), VERMONT UNIVERSITY (page 3619), VIRGINIA UNIVERSITY (page 3639), WISCONSIN UNIVERSITY (page 3655); and, (in this Supplement) BOWDOIN COLLEGE, BROWN UNIVERSITY, DARTMOUTH COLLEGE, HAMILTON COLLEGE, MINNESOTA UNIVERSITY, OBERLIN COLLEGE, OHIO UNIVERSITY, PRINCETON COLLEGE, RUTGERS COLLEGE, TULANE UNIVERSITY, UNION COLLEGE.

EGIBI AND COMPANY, The House of.

See MONEY AND BANKING: ANCIENT EGYPT AND BABYLONIA (page 2199).

EGYPT, ANCIENT: Chronology.

Modern reckoning of Egyptian Chronology is by two modes: "(1) that by 'dead reckoning,' or adding the dynasties up one on another: (2) by certain fixed astronomical data, into the interpretation and calculation of which various uncertainties may enter. The more apart these modes can be kept the better, as then they serve to check each other. The fundamental fact on which all of our astronomically fixed points depend is the imperfection of the Egyptian calendar. Using a year of 365 days, it followed that the nominal beginning of each year was a quarter of a day too soon: just as if we were to neglect the 29th of February in leap years, and go on always from 28th February direct to 1st March. Thus every four years a day was slipped, and the nominal months of the year were begun a day too soon. In 4 x 7 = 28 they began, then, a week too soon. In 4 x 30 = 120 years they began & month too soon; and after twelve months and five days thus slipped, or in 1,460 years, they began a year too soon, and so had rotated the nominal months through all the seasons. … This loss of the day in four years was … soon known to the Egyptians, and used by them as a mode of constructing a great cycle, which in Ptolemaic times became very prominent, and entered into all their fanciful adjustments of history and myths. {3743} Some mode of noting the absolute months, as related to the seasonal periods, became a necessity; and, of course, the place of the sun among the stars most truly shows the exact length of the year. But how to observe both sun and stars, when without any mode of time-dividing,—such as clepsydra or clock,—was an essential difficulty. This was got over by noting on what day a particular star could be first seen, at its emerging from the glow of the sunlight. In actual practice they observed Sirius (or Sothis), the dog-star; and as the stars all rise and set earlier and earlier every night, they observed what was the first night in the year on which Sirius could just be seen emerging from the glow of sunlight at dawn, and this was entitled the heliacal rising. Hence, from using Sothis for this observation, the whole period during which the months rotated in the seasons was called the Sothic period of 1,460 years. We have some definite statements as to this in Roman times. Censorinus, writing in 239 A. D., states that the Egyptian New Year's day, 1st of Thoth, fell on the 25th of June; and a hundred years before, in 139 A. D., it fell on the 21st July, 'on which day Sirius regularly rises in Egypt.' Hence the beginning of a Sothic period of 1,460 years, or the New Year's day falling on the 21st of July at the heliacal rising of Sirius, took place in 139 A. D.; likewise in 1322 B. C., in 2784 B. C., and in 4242 B. C., or thereabouts. From this it is plain, that, as the nominal months rotated round all the seasons once In each of these cycles, therefore, if we only know the day of the nominal month in which any seasonal event happened,—such as the rising of Sirius, or the inundation,—we can find on what part of the cycle of 1,460 years such a coincidence can have fallen. It is from data such as this that Mahler has lately calculated, by the rising of Sirius, and also the new moons, that Tahutmes III. reigned from 20th March 1503 B. C., to 14th February 1449. … Merenptah celebrated in the second year of his reign a festival of the rising of Sirius on the 29th of the month Thoth. Mahler has fixed the rising of Sirius, recorded on 28th Epiphi under Tahutmes III., as in 1470 B. C. From 28th Epiphi to 29th Thoth is 66 days, which the heliacal rising would change to in the course of 4 x 66 years, or 264 years. This, from 1470, gives 1206 B. C. for the second year of Merenptah, or 1208 B. C. for his accession, which is just the date we have reached by the approximate summing of the reigns. Another datum on the other side is the calendar of the Ebers papyrus, which records the rising of Sirius on the 9th of Epiphi in the ninth year of Amenhotep I. The reading of the king's name has been much debated; but this is the last, and probable, conclusion. Now, from the 28th to the 9th of Epiphi is 19 days, which Sirius would change through in 76 years; so that the rising on the 9th of Epiphi took place in 1470+76 = 1546 B. C.; and the first year of Amenhotep I. would be thus fixed in 1555 B. C. The date before reached is 1562 B. C., equal to a difference of less than 2 days in the time of Sirius' rising. This, at least, shows that there is no great discrepancy. Thus there are three data for the rising of Sirius, which agree within a few years, though at considerably different epochs. … We … have as a starting-point for our backward reckoning the accession of the XVIIIth dynasty about 1587 B. C. From this we can reckon in the dynastic data given by Manetho; following this account rather than the totals of reigns, as he appears to have omitted periods when dynasties were contemporary, as in the 43 years for the XIth after the close of the Xth. Thus, from the above starting-point of 1587 B. C., we reach the following results, solely by using material which has been discussed and settled in this history on its own merits alone, and without any ulterior reckoning in total periods.

Dynasty Years. B. C. I. 263 4777 II. 302 4514 III. 214 4212 IV. 277 3998 V. 218 3721 VI. 181 (T. P.) 3503 VII. 70 3322 VIII. 146 3252 IX. 100 3106 X. 185 3006 XI. 43 2821 XII. 213 (T. P.) 2778 XIII. 453 2565 XIV. 184 2112 XVI. 190 1928 XVII. 151 1738 XVIII. 260 1587 XIX. 1327

… In the present rough state of the astronomical data, and the doubts as to the MS. authorities, we have reached quite as close an equivalence as we may hope for; and at least there is enough to show us that we may trust to the nearest century with fair grounds of belief. These dates then, are what I have provisionally adopted in this history; and though they are stated to the nearest year, for the sake of intercomparison, it must always be remembered that they only profess to go within a century in the earlier parts of the scale."

W. M. Flinders Petrie, A History of Egypt from the Earliest Times to the XVIth Dynasty, chapter 11.

EGYPT. Commerce.

See (in this Supplement) COMMERCE: THE EARLIEST RECORDS, and EGYPT.

EGYPT. Medical Science, Ancient.

See MEDICAL SCIENCE (page 2120).

EGYPT. Money and banking.

See MONEY AND BANKING (page 2199).

EJECTMENT, Action of.

See LAW, COMMON: A. D. 1499 (page 1966).

ELDON, Lord, and the rules of Equity.

See LAW, EQUITY: A. D. 1801-1827 (page 1993).

ELECTOR, The Great.

See (in this Supplement) GERMANY: A. D. 1618-1700; also page 309.

ELECTORS, Rise of the German College of.

See (in this Supplement) GERMANY: A. D. 1175-1272.

EMIGRES OF THE FRENCH REVOLUTION.

See FRANCE: A. D. 1789 (JULY-AUGUST), (AUGUST-OCTOBER), and 1781-1791 (pages 1264, 1265, and 1268).

EMPLOYER'S LIABILITY.

See LAW, COMMON: A. D. 1837 (page 1977).

ENGLAND: Outline sketch of general history.

See EUROPE (page 1014, and after).

ENGLAND: A. D. 1622. First printed newspaper publication.

See PRINTING AND PRESS: A. D. 1622-1702 (page 2593).

{3744}

ENGLAND: A. D. 1702. First daily newspaper publication.

See PRINTING AND PRESS: A. D. 1622-1702 (page 2594).

ENGLAND: A. D. 1844. The Bank Charter Act.

See MONEY AND BANKING: A. D. 1844 (page 2216).

ENGLAND: A. D. 1881-1882. The Irish Coercion Bill and Land Act. Arrest of Irish leaders. Alleged Kilmainham Treaty and release of Mr. Parnell and others.

See IRELAND: A. D. 1881-1882 (page 1797).

ENGLAND: Commerce.

See (in this Supplement) COMMERCE, MEDIÆVAL, and MODERN.

ENGLAND: Libraries.

See LIBRARIES, MODERN (page 2014).

ENGLAND: Possessions in Africa.

See (in this Supplement) AFRICA.

ENGLAND, Bank of.

See MONEY AND BANKING (page 2209).

EQUITY.

See LAW, EQUITY (page 1988).

ERITREA, The Italian colony of.

See (in this Supplement) AFRICA: 1890-1801.

ESSENES, The.

"Apart from the great high road of Jewish life, there lived in Palestine in the time of Christ a religious community which, though it grew up on Jewish soil, differed essentially in many points from traditional Judaism, and which, though it exercised no powerful influence upon the development of the people, deserves our attention as a peculiar problem in the history of religion. This community, the Essenes or Essaeans, is generally, after the precedent of Josephus, placed beside the Pharisees and Sadducees as the third Jewish sect. But it scarcely needs the remark, that we have here to deal with a phenomenon of an entirely different kind. While the Pharisees and Sadducees were large political and religious parties, the Essenes might far rather be compared to a monastic order. There is indeed much that is enigmatical in them as to particulars. Even their name is obscure. … The origin of the Essenes is as obscure as their name. Josephus first mentions them in the time of Jonathan the Maccabee, about 150 B. C., and speaks expressly of one Judas an Essene in the time of Aristobulus I. (105-104 B. C.). According to this, the origin of the order would have to be placed in the second century before Christ. But it is questionable whether they proceeded simply from Judaism, or whether foreign and especially Hellenistic elements had not also an influence in their organization. … Philo and Josephus agree in estimating the number of the Essenes in their time at above 4,000. As far as is known, they lived only in Palestine, at least there are no certain traces of their occurrence out of Palestine. … For the sake of living as a community, they had special houses of the order in which they dwelt together. Their whole community was most strictly organized as a single body. … The strongest tie by which the members were united was absolute community of goods. 'The community among them is wonderful [says Josephus], one does not find that one possesses more than another. For it is the law, that those who enter deliver up their property to the order, so that there is nowhere to be seen, either the humiliation of poverty or the superfluity of wealth, but on the contrary one property for all as brethren, formed by the collection of the possessions of individuals.' 'They neither buy nor sell among each other; but while one gives to another what he wants, he receives in return what is useful to himself, and without anything in return they receive freely whatever they want.' … 'There is but one purse for all, and common expenses, common clothes and common food in common meals. For community of dwelling, of life and of meals is nowhere so firmly established and so developed as with them. And this is intelligible. For what they receive daily as wages for their labour, they do not keep for themselves, but put it together, and thus make the profits of their work common for those who desire to make use of it. And the sick are without anxiety on account of their inability to earn, because the common purse is in readiness for the care of them, and they may with all certainty meet their expenses from abundant stores.' … The daily labour of the Essenes was under strict regulation. It began with prayer, after which the members were dismissed to their work by the presidents. They reassembled for purifying ablutions, which were followed by the common meal. After this they again went to work, to assemble again for their evening meal. The chief employment of members of the order was agriculture. They likewise carried on, however, crafts of every kind. On the other hand, trading was forbidden as leading to covetousness, and also the making of weapons or of any kind of utensils that might injure men. … The Essenes are described by both Philo and Josephus as very connoisseurs in morality. … Their life was abstemious, simple and unpretending. 'They condemn sensual desires as sinful, and esteem moderation and freedom from passion as of the nature of virtue.' They only take food and drink till they have had enough; abstaining from passionate excitement, they are 'just dispensers of wrath.' At their meals they are 'contented with the same dish day by day, loving sufficiency and rejecting great expense as harmful to mind and body.' … There is not a slave among them, but all are free, mutually working for each other. All that they say is more certain than an oath. They forbid swearing, because it is worse than perjury. … Before every meal they bathe in cold water. They do the same after performing the functions of nature. … They esteem it seemly to wear white raiment at all times. … They entirely condemned marriage. Josephus indeed knew of a branch of the Essenes who permitted marriage. But these must at all events have formed a small minority. … A chief peculiarity of the Essenes was their common meals, which bore the character of sacrificial feasts. The food was prepared by priests, with the observance probably of certain rites of purification; for an Essene was not permitted to partake of any other food than this. … In their worship, as well as in that of other Jews, the Holy Scriptures were read and explained; and Philo remarks, that they specially delighted in allegorical interpretation. They were extraordinarily strict in the celebration of the Sabbath. They did not venture on that day to move a vessel from its place, nor even to perform the functions of nature. In other respects too they showed themselves to be Jews. Though they were excluded from the temple they sent gifts of incense there. … Concerning their doctrine of the soul and of its immortality, Josephus expresses himself most fully. {3745} If we may trust his account, they taught that bodies are perishable, but souls immortal, and that the latter dwelt originally in the subtlest aether, but being debased by sensual pleasures united themselves with bodies as with prisons; but when they are freed from the fetters of sense they will joyfully soar on high, as if delivered from long bondage. To the good (souls) is appointed a life beyond the ocean. … But to the bad (souls) is appointed a dark cold region full of unceasing torment."

E. Schürer, A History of the Jewish People in the Time of Jesus Christ, volume 2, pages 190-205.

EXEMPTION LAWS.

See LAW, COMMON: A. D. 1836 (page 1977).

EXPLORATION, African and Arctic.

For a complete chronological record.

See (in this Supplement) AFRICA; and ARCTIC EXPLORATION.

F.

FAMILISTÈRE OF M. GODIN, The.

See SOCIAL MOVEMENTS: A. D. 1859-1887 (page 2947).

FAURE, François Felix. Election to the Presidency of the French Republic.

See (in this Supplement) FRANCE: A. D. 1894-1895.

FEDERALIST SECESSION MOVEMENT.

See UNITED STATES OF AMERICA: A. D. 1803-1804 (page 3329).

FEUDAL AIDS.

"In theory the duty of the noble vassal towards his lord was a purely personal one and to commute it for a money payment was a degradation of the whole feudal relation. The payment of money, especially if it were a fixed and regular payment, carried with it a certain ignoble idea against which, in the form of state taxation, the feudal spirit rebelled to the last. When the vassal agreed to pay something to his lord, he called it, not a tax, but an 'aid' (auxilium), and made it generally payable, not regularly, like the tax-bill of the citizen, but only upon certain occasions—a present, as it were, coming out of his good-will and not from compulsion; e. g., whenever a fief was newly granted, when it changed its lord, and sometimes when it changed its vassal, it was from the beginning customary to acknowledge the investiture by a small gift to the lord, primarily as a symbol of the grant; then, as the institution grew and manners became more luxurious, the gift increased in value and was thought of as an actual price for the investiture, until finally, at the close of our period, it suffered the fate of all similar contributions and was changed into a definite money payment, still retaining, however, its early name of 'relief.' … The occasions for levying the aids were various but always, in theory, of an exceptional sort. The journey of a lord to the court of his suzerain, or to Rome, or to join a crusade, the knighting of his eldest son, the marriage of his eldest daughter and his ransom from imprisonment are among the most frequent of the feudal 'aids.' The right of the lord to be entertained and provisioned, together with all his following, was one of the most burdensome and, at the same time, most difficult to regulate. Its conversion into a money-tax was, perhaps for this reason, earlier than that of many other of the feudal contributions."

E. Emerton, Mediaeval Europe, chapter 14.

FEUDAL SYSTEM: Origin.

"The 'benefice,' … emerges from the struggles of the eighth century as a form of grant originated by the ruling house and remaining at its disposal. It was a form of grant which was at all times revocable and which would thus necessarily prompt the grantee to avoid any act which could displease the sovereign. It entailed the reversion of the benefice at the death of the grantee as well as of the person granting. The benefice … was now chiefly made use of by the Carolingians of the 8th century to win the military aid of the nobles against internal and external enemies and especially against the Saracens. Army commanders and counts or other important officials would receive wide stretches of ecclesiastical or royal land. They would organize these into 'manors,' would collect a large 'following,' and would call in free tenants to do service in their armies in return for their protection. Thus they themselves became the stays and props of the new form of government. As the reorganization of the military forces went on this process was repeated more and more often, and as a matter of course the same vital principles which these holders had carried through with regard to those under them came to be applied to their own position as regarded their military duties to the king: namely that they should become vassals. This accordingly happened. The vassal system and the benefice system blended together into a new form of actual and personal union of the nobles with the crown. In receiving a benefice they swore to the king the special oath of fidelity of the 'following'; this fidelity on the other hand seemed assured through the power of the king to revoke the benefice. Quickly enough did this connection of the vassal system and the benefice system, which is commonly called vassalism, become so common that it began to extend downwards also. It had already become usual for rich landholders no longer, in the old Germanic manner, to provide for all their vassals at their own court, but to provide sustenance for them in various other ways—notably by granting them estates. Now, after the royal model, it came to be the custom to grant benefices and thus to found personal responsibilities. The results of this development were extraordinary. If on the one hand, in spite of all Charles the Great's measures to the contrary, the old army organization based on the service of all freemen fell into decay and the contingents from the land holders began to constitute the great mass of the army: on the other hand the bond of vassalism with its different variations became of prime importance for the administration of the land. No longer did the king by virtue of his royal ban or jurisdiction issue his commands to all freemen in common. He issued his commands to the nobles and they by virtue of their feudal prerogatives commanded the vassals who were subject to them. The evenly distributed mass of freemen subject to military duty had vanished; a high-towering structure of those bound in vassalage had taken its place. The military organization had assumed its position under the banner of the feudal state. The administration, too, was soon to be undermined by the system of vassalage and to change its structure from the very foundation."

Lamprecht, Deutsche Geschichte, volume 2, pages 104-105.

{3746}

"The latest investigations of Brunner … have established the proof that feudalism originated in consequence of the introduction of cavalry service into the military system of the Frankish kingdom and that it retained its original character until well on towards the close of the Middle Ages. The Franks like the Lombards learned the use of cavalry from the Moors or Saracens. Charles Martel was led by his experiences after the battle of Poictiers to the conclusion that only with the help of mounted armies could these enemies be opposed with lasting success. It was between 732 and 758 that the introduction of cavalry service into the Frankish army took place; it had hitherto consisted mainly of infantry. The attempt was first made, and with marked success, in Aquitaine and Septimania; almost contemporaneously also among the Lombards. In order to place the secular nobles in condition to fit out larger masses of cavalry a forced loan from the church was carried through by Charles Martel and his sons, it being under the latter that the matter was first placed upon a legal footing. The nobles received ecclesiastical benefices from the crown and regranted them in the way of sub-loans. The custom of having a 'following' and the old existing relationships of a vassal to his lord furnished a model for the responsibilities of those receiving benefices at first and at second hand. The secular nobles became thus at once vassals of the crown and lords (seigneurs) of those to whom they themselves in turn made grants. The duty of the vassals to do cavalry service was based on the 'commendation': their fief was not the condition of their doing service but their reward for it. Hence the custom of denominating the fief (Lehn) as a 'fee' (feudum)—a designation which was first applied in southern France, and which in Germany, occasionally in the eleventh and ever more frequently in the twelfth century, is used side by side with the older term 'benefice,' until in the course of the first half of the 13th century it completely displaces it. With the further development of cavalry service that of the feudal system kept regular pace. Already in the later Carolingian period Lorraine and Burgundy followed southern France and Italy in becoming feudalized states. To the east of the Rhine on the contrary the most flourishing time of cavalry service and of the feudal system falls in the time of the Hohenstaufens, having undoubtedly been furthered by the crusades. Here even as late as the middle of the twelfth century the horsemen preferred dismounting and fighting with the sword because they could not yet manage their steeds and the regular cavalry weapons, the shield and the spear, like their western neighbors. But never in Germany did feudalism make its way into daily life as far as it did in France where the maxim held true: 'nulle terre sans seigneur.' There never was here a lack of considerable allodial possessions, although occasionally, out of respect for the feudal theory, these were put down as 'fiefs of the sun.' The principle, too, was firmly maintained that a fief granted from one's own property was no true fief; for so thoroughly was feudal law the law governing the realm that a true fief could only be founded on the fief above it, in such manner that the king was always the highest feudal lord. That was the reason why a fief without homage, that is, without the relationship of vassalage and the need of doing military service for the state, could not be looked upon as a true fief. The knight's fee only (feudum militare) was such, and only a man of knightly character, who united a knightly manner of living with knightly pedigree, was 'perfect in feudal law,'—in possession, namely, of full feudal rights or of the 'Heerschild.' Whether or not he had been personally dubbed knight made no difference; the fief of a man who was still a squire was also a true fief. … The object of the feudal grant could be anything which assured a regular emolument,—especially land, tithes, rents and other sources of income, tolls and jurisdictions, churches and monasteries;_ above all, offices of state. In course of time the earlier distinction between the office and the fief which was meant to go with the office ceased to be made. … The formal course of procedure when granting was a combination, exactly on the old plan, of the act of commendation, now called Hulde, which was the basis of vassalage, and the act of conferring (investiture) which established the real right of the man to the fief. … The Hulde consisted in giving the hand (=the performing of mannschaft, homagium, hominium, Hulde) often combined with the giving of a kiss and the taking of an oath (the swearing of fidelitas or Hulde) by which the man swore to be 'true, loyal and willing' as regarded his lord. The custom earlier connected with commendation of presenting a weapon had lost its former significance and had become merged in the ceremony of investiture: the weapon had become a symbol of investiture. … These symbols of investiture were in part the same as in territorial law: the glove, the hat, the cape, the staff, the twig; occasionally probably also a ring, but quite especially the sword or spear. As regarded the principalities it had quite early become the custom to fasten a banner on the end of the spear in token of the royal rights of supremacy that were to be conferred. Thus the banner became the sole symbol of investiture in the granting of secular principalities and the latter themselves came to be called 'banner fiefs.' The installation of the ecclesiastical princes by the king took place originally without any distinction being made between the office and the appanage of the office. It was done by conferring the pastoral staff (ferula, virga pastoralis) of the former bishop or abbot; in the case of bishops since the time of Henry III by handing the ring and crosier. In the course of the struggle concerning the ecclesiastical investitures both sides came to the conviction that a distinction could be made between the appanaging of the church with secular estates and jurisdictions on the one hand, and the office itself and the immediate appurtenances of the church—the so-called 'sacred objects' on the other. A union was arrived at in the Concordat of Worms which provided that for the granting of the former (the so-called Regalia) the secular symbol of the sceptre might replace the purely ecclesiastical symbols. As this custom was retained even after the incorporation of the ecclesiastical principalities in the feudalized state-system the ecclesiastical principalities, as opposed to the secular banner-fiefs, were distinguished as 'sceptre-fiefs.'"