FOOTNOTES:

[3] The title of consul was borne by the chief municipal officers of

several cities of the south of France during the middle ages and up

to the Revolution. The name was not due to their being the

successors of the chiefs of the Roman _municipia_. They were members

of the governing body known as the _consulat_, and in Latin

documents are sometimes styled _consiliarii_, i.e. councillors. The

_consulat_ itself is not traceable beyond the 12th century.

[2] Particular quarters of mercantile cities were assigned to

foreign traders and were placed under the jurisdiction of their own

magistrates, variously styled syndics, provosts (_praepositi_),

echevins (_scabini_), &c., who had power to fine or to expel from

the quarter. The Hanseatic League (q.v.), particularly, had numerous

settlements of this kind, the earliest being the Steelyard at

London, established in the 13th century.

[3] i.e. as regards the organization of the system. Consuls, or

consuls-general, of other countries have sometimes a diplomatic or

quasi-diplomatic status. Consuls-general charges d'affaires, e.g.,

rank as diplomatic agents. Of these the most notable is the British

agent and consul-general in Egypt, whose position is unique. The

diplomatic agent of Belgium at Buenos Aires, e.g., is

minister-resident and consul-general, and the minister of Ecuador in

London is consul-general charge d'affaires.

[4] See also instructions to consuls prepared by the Board of Trade

and approved by the secretary of state for foreign affairs.

"CONSULATE OF THE SEA," a celebrated collection of maritime customs and

ordinances (see also Sea Laws) in the Catalan language, published at

Barcelona in the latter part of the 15th century. Its proper title is

_The Book of the Consulate_, or in Catalan, _Lo Libre de Consolat_, the

name being derived from the fact that it embodied the rules of law

followed in the maritime cities of the Mediterranean coast by the

commercial judges known generally as consuls (q.v.). The earliest extant

edition of the work, which was printed at Barcelona in 1494, is without

a title-page or frontispiece, but it is described by the above-mentioned

title in the epistle dedicatory prefixed to the table of contents. The

only known copy of this edition is preserved in the National Library in

Paris. The epistle dedicatory states that the work is an amended version

of the _Book of the Consulate_, compiled by Francis Celelles with the

assistance of numerous shipmasters and merchants well versed in maritime

affairs. According to a statement made by Capmany in his _Codigo de los

costumbras maritimas de Barcelona_, published at Madrid in 1791, there

was extant to his knowledge in the last century a more ancient edition

of the _Book of the Consulate_, printed in semi-Gothic characters, which

he believed to be of a date prior to 1484. This is the earliest period

to which any historical record of the _Book of the Consulate_ being in

print can be traced back. There are, however, two Catalan MSS. preserved

in the National Library in Paris, the earliest of which, being MS.

Espagnol 124, contains the two first treatises which are printed in the

_Book of the Consulate_ of 1494, and which are the most ancient portion

of its contents, written in a hand of the 14th century, on paper of that

century. The subsequent parts of this MS. are on paper of the 15th

century, but there is no document of a date more recent than 1436. The

later of the two MSS., being MS. Espagnol 56, is written throughout on

paper of the 15th century, and in a hand of that century, and it

purports, from a certificate on the face of the last leaf, to have been

executed under the superintendence of Peter Thomas, a notary public, and

the scribe of the Consulate of the Sea at Barcelona.

The edition of 1494, which is justly regarded as the _editio princeps_

of the _Book of the Consulate_, contains, in the first place, a code of

procedure issued by the kings of Aragon for the guidance of the courts

of the consuls of the sea, in the second place, a collection of ancient

customs of the sea, and thirdly, a body of ordinances for the government

of cruisers of war. A colophon at the end of these ordinances informs

the readers that "the book commonly called the _Book of the Consulate_

ends here"; after which there follows a document known by the title of

_The Acceptations_, which purports to record that the previous chapters

and ordinances had been approved by the Roman people in the 11th

century, and by various princes and peoples in the 12th and 13th

centuries. Capmany was the first person to question the authenticity of

this document in his _Memorias historicas sobre la marina, &c., de

Barcelona_, published at Madrid in 1779-1792. Pardessus and other

writers on maritime law followed up the inquiry in the 19th century, and

have conclusively shown that the document, whatever may have been its

origin, has no proper reference to the _Book of the Consulate_, and is,

in fact, of no historical value whatsoever. The paging of the edition of

1494 ceases with this document, at the end of which is the printer's

colophon, reciting that "the work was completed on the 14th of July

1494, at Barcelona, by Pere Posa, priest and printer." The remainder of

the volume consists of what may be regarded as an appendix to the

original _Book of the Consulate_. This appendix contains various

maritime ordinances of the kings of Aragon and of the councillors of the

city of Barcelona, ranging over a period from 1340 to 1484. It is

printed apparently in the same type with the preceding part of the

volume. The original _Book of the Consulate_, coupled with this

appendix, constitutes the work which has obtained general circulation in

Europe under the title of _The Consulate of the Sea_, and which in the

course of the 16th century was translated into the Castilian, the

Italian, and the French languages. The Italian translation, printed at

Venice in 1549 by Jean Baptista Pedrezano, was the version which

obtained the largest circulation in the north of Europe, and led many

jurists to suppose the work to have been of Italian origin. In the next

following century the work was translated into Dutch by Westerven, and

into German by Engelbrecht, and it is also said to have been translated

into Latin.

An excellent translation into French of "The Customs of the Sea,"

which are the most valuable portion of the _Book of the Consulate_,

was published by Pardessus in the second volume of his _Collection

des lois maritimes_ (Paris, 1834), under the title of "La Compilation

connue sous le nom de consulat de la mer." See introduction, by Sir

Travers Twiss, to the _Black Book of the Admiralty_ (London, 1874),

which in the appendix to vol. iii. contains his translation of "The

Customs of the Sea," with the Catalan text. (T. T.)

CONSUMPTION (Lat. _consumere_), literally, the act of consuming or

destroying. Thus the word is popularly applied to phthisis, a "wasting

away" of the lungs due to tuberculosis (q.v.). In economics the word has

a special significance as a technical term. It has been defined as the

destruction of utilities, and thus opposed to "production," which is the

creation of utilities, a utility in this connexion being anything which

satisfies a desire or serves a purpose. Consumption may be either

productive or unproductive; productive where it is a means directly or

indirectly to the satisfaction of any economic want, unproductive when

it is devoted to pleasures or luxuries. Its place in the science of

economics, and its close relation with production, are treated of in

every text-book, but special reference may be made to W. Roscher,

_Nationaloekonomie_, 1883, and G. Schoenberg, _Handbuch d. polit.

Oekonomie_, 1890-1891.

CONSUS, an ancient Italian deity, originally a god of agriculture. The

time at which his festival was held (after harvest and seed-sowing), the

nature of its ceremonies and amusements, his altar at the end of the

Circus Maximus always covered with earth except on such occasions, all

point to his connexion with the earth. In accordance with this, the name

has been derived from _condere_ (= Condius, as the "keeper" of grain or

the "hidden" god, whose life-producing influence works in the depths of

the earth). Another etymology is from _conserere_ ("sow," cf. Ops Consiva

and her festival Opiconsivia). Amongst the ancients (Livy i. 9; Dion.

Halic. ii. 31) Census was most commonly identified with [Greek: Poseidon

Hippios] (Neptunus Equester), and in later Latin poets Consus is used

for Neptunus, but this idea was due to the horse and chariot races which

took place at his festival; otherwise, the two deities have nothing in

common. According to another view, he was the god of good counsel, who

was said to have "advised" Romulus to carry off the Sabine women (Ovid,

_Fasti_, iii. 199) when they visited Rome for the first celebration of

his festival (Consualia). In later times, with the introduction of Greek

gods into the Roman theological system, Consus, who had never been the

object of special reverence, sank to the level of a secondary deity,

whose character was rather abstract and intellectual.

His festival was celebrated on the of August and the 15th of December.

On the former date, the flamen Quirinalis, assisted by the vestals,

offered sacrifice, and the pontifices presided at horse and chariot

races in the circus. It was a day of public rejoicing; all kinds of

rustic amusements took place, amongst them running on ox-hides rubbed

with oil (like the Gr. [Greek: haskoliasmos]). Horses and mules, crowned

with garlands, were given rest from work. A special feature of the games

in the circus was chariot racing, in which mules, as the oldest draught

beasts, took the place of horses. The origin of these games was

generally attributed to Romulus; but by some they were considered an

imitation of the Arcadian [Greek: hippokrateia] introduced by Evander.

There was a sanctuary of Consus on the Aventine, dedicated by L.

Papirius Cursor in 272, in early times wrongly identified with the altar

in the circus.

See W. W. Fowler, _The Roman Festivals_ (1899); G. Wissowa, _Religion

und Kultus der Roemer_ (1902); Preller-Jordan, _Roemische Mythologie_

(1881).

CONTANGO, a Stock Exchange term for the rate of interest paid by a

"bull" who has bought stock for the rise and does not intend to pay for

it when the Settlement arrives. He arranges to carry over or continue

his bargain, and does so by entering into a fresh bargain with his

seller, or some other party, by which he sells the stock for the

Settlement and buys it again for the next, the price at which the

bargain is entered being called the making-up price. The rate that he

pays for this accommodation, which amounts to borrowing the money

involved until the next Settlement, is called the contango.

CONTARINI, the name of a distinguished Venetian family, who gave to the

republic eight doges and many other eminent citizens. The story of their

descent from the Roman family of Cotta, appointed prefects of the Reno

valley (whence Cotta Reni or Conti del Reno), is probably a legend. One

Mario Contarini was among the twelve electors of the doge Paulo Lucio

Anafesto in 697. Domenico Contarini, elected doge in 1043, subjugated

rebellious Dalmatia and recaptured Grado from the patriarch of Aquileia.

He died in 1070. Jacopo was doge from 1275 to 1280. Andrea was elected

doge in 1367, and during his reign the war of Chioggia took place

(1380); he was the first to melt down his plate and mortgage his

property for the benefit of the state. Other Contarini doges were:

Francesco (1623-1624), Niccolo (1630-1631), who built the church of the

Salute, Carlo (1655-1656), during whose reign the Venetians gained the

naval victory of the Dardanelles, Domenico (1659-1675) and Alvise

(1676-1684). There were at one time no less than eighteen branches of

the family; one of the most important was that of Contarini dallo Zaffo

or di Giaffa, who had been invested with the countship of Jaffa in Syria

for their services to Caterina Cornaro, queen of Cyprus; another was

that of Contarini degli Scrigni (of the coffers), so called on account

of their great wealth. Many members of the family distinguished

themselves in the service of the republic, in the wars against the

Turks, and no less than seven Contarini fought at Lepanto. One Andrea

Contarini was beheaded in 1430 for having wounded the doge Francesco

Foscari (q.v.) on the nose. Other members of the house were famous as

merchants, prelates and men of letters; among these we may mention

Cardinal Gasparo Contarini (1483-1542), and Marco Contarini (1631-1689),

who was celebrated as a patron of music and collected at his villa of

Piazzola a large number of valuable musical MSS., now in the Marciana

library at Venice. The family owned many palaces in various parts of

Venice, and several streets still bear its name.

See J. Fontana, "Sulla patrizia famiglia Contarini," in _Il

Gondoliere_ (1843). (L. V.*)

CONTAT, LOUISE FRANCOISE (1760-1813), French actress, made her _debut_

at the Comedie Francaise in 1766 as Atalide in _Bajazet_. It was in

comedy, however, that she made her first success, as Suzanne in

Beaumarchais's _Mariage de Figaro_; and in several minor character

parts, which she raised to the first importance, and as the soubrette in

the plays of Moliere and Marivaux, she found opportunities exactly

fitted to her talents. She retired in 1809 and married de Parny, nephew

of the poet. Her sister Marie Emilie Contat (1769-1846), an admirable

soubrette, especially as the pert servant drawn by Moliere and de

Regnard, made her _debut_ in 1784, and retired in 1815.

CONTE, literally a "story," derived from the Fr. _conter_, to narrate,

through low Lat. and Provencal forms _contare_ and _comtar_. This word,

although not recognized by the _New English Dictionary_ as an English

term, is yet so frequently used in English literary criticisms that some

definition of it seems to be demanded. A _conte_, in French, differs

from a _recit_ or a _rapport_ in the element of style; it may be

described as an anecdote told with deliberate art, and in this

introduction of art lies its peculiar literary value. According to

Littre, there is no fundamental difference between a _conte_ and a

_roman_, and all that can be said is that the _conte_ is the generic

term, covering long stories and short alike, whereas the _roman_ (or

novel) must extend to a certain length. But if this is the primitive and

correct signification of the word, it is certain that modern criticism

thinks of a _conte_ essentially as a short story, and as a short story

exclusively occupied in illustrating one set of ideas or one disposition

of character. As early as the 13th century, the word is used in French

literature to describe an anecdote thus briefly and artistically told,

in prose or verse. The fairy-tales of Perrault and the apologues of La

Fontaine were alike spoken of as _contes_, and stories of peculiar

extravagance were known as _contes bleus_, because they were issued to

the common public in coarse blue paper covers. The most famous _contes_

in the 18th century were those of Voltaire, who has been described as

having invented the _conte philosophique_. But those brilliant stories,

_Candide_, _Zadig_, _L'Ingenu_, _La Princess de Babylone_ and _Le

Taureau blanc_, are not, in the modern sense, _contes_ at all. The

longer of these are _romans_, the shorter _nouvelles_, not one has the

anecdotical unity required by a _conte_. The same may be said of those

of Marmontel, and of the insipid imitations of Oriental fancy which were

so popular at the close of the 18th century. The most perfect recent

writer of _contes_ is certainly Guy de Maupassant, and his celebrated

anecdote called "Boule de suif" may be taken as an absolutely perfect

example of this class of literature, the precise limitations of which it

is difficult to define. (E. G.)

CONTE, NICOLAS JACQUES (1755-1805), French mechanical genius, chemist

and painter, was born at Aunou-sur-Orne, near Sees, on the 4th of August

1755, of a family of poor farm labourers. At the age of fourteen he

displayed precocious artistic talent in a series of religious panels,

remarkably fine in colour and composition, for the principal hospital of

Sees, where he was employed to help the gardener. With the advice of

Greuze he took up portrait painting, quickly became the fashion, and

laid by in a few years a fair competency. From that time he gave free

rein to his passion for the mechanical arts and scientific studies. He

attended the lectures of J. A. C. Charles, L. N. Vaquelin and J. B.

Leroy, and exhibited before the Academy of Science an hydraulic machine

of his own invention of which the model was the subject of a flattering

report, and was placed in Charles's collection. The events of the

Revolution soon gave him an opportunity for a further display of his

inventive faculty. The war with England deprived France of plumbago; he

substituted for it an artificial substance obtained from a mixture of

graphite and clay, and took out a patent in 1795 for the form of pencil

which still bears his name. At this time he was associated with Monge

and Berthollet in experiments in connexion with the inflation of

military balloons, was conducting the school for that department of the

engineer corps at Meudon, was perfecting the methods of producing

hydrogen in quantity, and was appointed (1796) by the Directory to the

command of all the aerostatic establishments. He was at the head of the

newly created Conservatoire des arts et metiers, and occupied himself

with experiments in new compositions of permanent colours, and in 1798

constructed a metal-covered barometer for measuring comparative heights,

by observing the weight of mercury issuing from the tube. Summoned by

Bonaparte to take part as chief of the aerostatic corps in the

expedition to Egypt, he considerably extended his field of activity, and

for three years and a half was, to quote Berthollet, "the soul of the

colony." The disaster of Aboukir and the revolt of Cairo had caused the

loss of the greater part of the instruments and munitions taken out by

the French. Conte, who, as Monge says, "had every science in his head

and every art in his hands," and whom the First Consul described as

"good at everything," seemed to be everywhere at once and triumphed over

apparently insurmountable difficulties. He made, in an almost

uncivilized country, utensils, tools and machinery of every sort from

simple windmills to stamps for minting coin. Thanks to his activity and

genius, the expedition was provided with bread, cloth, arms and

munitions of war; the engineers with the exact tools of their trade; the

surgeons with operating instruments. He made the designs, built the

models, organized and supervised the manufacture, and seemed to be able

to invent immediately anything required. On his return to France in 1802

he was commissioned by the minister of the interior, Chaptal, to

superintend the publication of the great work of the commission on

Egypt, and an engraving machine of his construction materially shortened

this task, which, however, he did not live to see finished. He died at

Paris on the 6th of December 1805. Napoleon had included him in his

first promotions to the Legion of Honour. A bronze statue was erected to

his memory in 1852 at Sees, by public subscription.

CONTEMPT OF COURT, in English law, any disobedience or disrespect to the

authority or privileges of a legislative body, or interference with the

administration of a court of justice.

1. _The High Court of Parliament._ Each of the two houses of Parliament

has by the law and custom of parliament power to protect its freedom,

dignity and authority against insult, disregard or violence by resort to

its own process and not to ordinary courts of law and without having its

process interfered with by those courts. The nature and limits of this

authority to punish for contempt have been the subject of not infrequent

conflict with the courts of law, from the time when Lord Chief Justice

Holt threatened to commit the speaker for attempting to stop the trial

of _Ashby_ v. _White_ (1701), as a breach of privilege, to the cases of

_Burdett_ v. _Abbott_ (1810), _Stockdale_ v. _Hansard_ and _Howard_ v.

_Gosset_ (1842, 1843), and _Bradlaugh_ v. _Gosset_ (1834). It is now the

accepted view that the power of either House to punish contempt is

exceptional and derived from ancient usage, and does not flow from their

being courts of record. Orders for committal by the Commons are

effectual only while the House sits; orders by the Lords may be for a

time specified, in which event prorogation does not operate as a

discharge of the offender. It was at one time considered that the

privilege of committing for contempt was inherent in every deliberative

body invested with authority by the constitution, and consequently that

colonial legislative bodies had by the nature of their functions the

power to commit for contempt. But in _Kielley_ v. _Carson_ (1843; 4

Moore, P.C. 63) it was held that the power belonged to parliament by

ancient usage only and not on the theory above stated, and in each

colony it is necessary to inquire how far the colonial legislature has

acquired, by order in council or charter or from the imperial

legislature, power to punish breach of privilege by imprisonment or

committal for contempt. This power has in some cases been given

directly, in others by authority to make laws and regulations under

sanctions like those enforced by the Houses of the imperial parliament.

In the case of Nova Scotia the provincial assembly has power to give

itself by statute authority to commit for contempt (_Fielding_ v.

_Thomas_, 1896; L.R.A.C. 600). In _Barton_ v. _Taylor_ (1886; 11 A.C.

197) the competence of the legislative assembly of New South Wales to

make standing orders punishing contempt was recognized to exist under

the colonial constitution, but the particular standing orders under

consideration are held not to cover the acts which had been punished.

(See May, _Parl. Pr._, 10th ed., 1896; Anson, _Law and Custom of the

Constitution_, 3rd ed., 1897.)

2. _Courts of Justice._ The term contempt of court, when used with

reference to the courts or persons to whom the exercise of the judicial

functions of the crown has been delegated, means insult offered to such

court or person by deliberate defiance of its authority, disobedience to

its orders, interruption of its proceedings or interference with the due

course of justice, or any conduct calculated or tending to bring the

authority or administration of the law into disrespect or disregard, or

to interfere with or prejudice parties or witnesses during the

litigation. The ingenuity of the judges and of those who are concerned

to defeat or defy justice have rendered contempt almost Protean in its

character. But for practical purposes most, if not all, contempts fall

within the classification which follows:--

(a) Disobedience to the judgment or order of a court commanding the

doing or abstaining from a particular act, e.g. an order to execute a

conveyance of property or an order on a person in a fiduciary capacity

to pay into court trust moneys as to which he is an accounting party.

This includes disobedience by the members of a local authority to a

_mandamus_ to do some act which they are by law bound to do; and

proceedings for contempt have been taken in the case of guardians of the

poor who have refused to enforce the Vaccination Acts, e.g. at Keighley

and Leicester, and of town councillors who have refused to comply with

an order to take specified measures to drain their borough (e.g.

Worcester). This process for compelling obedience is in substance a

process of civil execution for the benefit of the injured party rather

than a criminal process for punishing the disobedience; and for purposes

of appeal orders dealing with these forms of contempt have hitherto been

treated as civil proceedings.

(b) Disobedience by inferior judges or magistrates to the lawful order

of a superior court. Such disobedience, if amounting to wilful

misconduct, would usually give ground for amotion or removal from

office, or for prosecution or indictment or information for misconduct

(Archbold, _Criminal Pleading_, 147, 23rd ed.).

(c) Disobedience or misconduct by executive officers of the law, e.g.

sheriffs and their bailiffs or gaolers. The contempt consists in not

complying with the terms of writs or warrants sent for execution. For

instance, a judge of assize having ordered the court to be cleared on

account of some disturbance, the high sheriff issued a placard

protesting against "this unlawful proceeding," and "prohibiting his

officer from aiding and abetting any attempt to bar out the public from

free access to the court." The lord chief justice of England, sitting in

the other court, summoned the sheriff before him and fined him L500 for

the contempt, and L500 more for persisting in addressing the grand jury

in court, after he had been ordered to desist. A sheriff who fails to

attend the assizes is liable to severe fine as being in contempt

(Oswald, 51). And in Harvey's case (1884, 26 Ch. D. 644) steps were

taken to attach a sheriff who had failed to execute a writ of attachment

for contempt of court in the mistaken belief that he was not entitled to

break open doors to take the person in contempt. The Sheriffs Act 1887

enumerates many instances in which misconduct is punishable under that

act, but reserves to superior courts of record power to deal with such

misconduct as a contempt (s. 29).

(d) Misconduct or neglect of duty by subordinate officials of courts of

justice, including solicitors. In these cases it is more usual for the

superior authorities to remove the offender from office, or for

disciplinary proceedings to be instituted by the Law Society. But in the

case of an unqualified person assuming to act as a solicitor or in the

case of breach of an undertaking given by a solicitor to the court,

proceedings for contempt are still taken.

(e) Misconduct by parties, jurors or witnesses. Jurors who fail to

attend in obedience to a jury summons and witnesses who fail to attend

on subpoena are liable to punishment for contempt, and parties, counsel

or solicitors who practise a fraud on the court are similarly liable.

(f) Contempt in _facie curiae_. "Some contempts," says Blackstone, "may

arise in the face of the court, as by rude and contumelious behaviour,

by obstinacy, perverseness or prevarication, by breach of the peace, or

any wilful disturbance whatever"; in other words, direct insult to or

interference with a sitting court is treated as contempt of the court.

It is immaterial whether the offender is juror, party, witness, counsel,

solicitor or a stranger to the case at hearing, and occasionally it is

found necessary to punish for contempt persons under trial for felony or

misdemeanour if by violent language or conduct they interrupt the

proceedings at their trial. Judges have even treated as contempt the

continuance outside the court-house after warning of a noise sufficient

to disturb the proceedings of the court; and in Victoria Chief Justice

Higginbotham committed for contempt a builder who persisted after

warning in building operations close to the central criminal court in

Melbourne, which interfered with the due conduct of the business of the

sittings.

(g) Attempts to prevent or interfere with the due course of justice,

whether made by a person interested in a particular case or by an

outsider. This branch of contempt takes many forms, such as frauds on

the court by justices, solicitors or counsel (e.g. by fraudulently

circularizing shareholders of a company against which a winding-up

petition had been filed), tampering with witnesses by inducing them

through threats or persuasion not to attend or to withhold evidence or

to commit perjury, threatening judge or jury or attempting to bribe them

and the like; and also by "scandalizing the court itself" by abusing

the parties concerned in a pending case, or by creating prejudice

against such persons before their cause is heard.

Invectives against judges.

The _locus classicus_ on the subject of contempt by attacks on judges is

a judgment prepared by Sir Eardley-Wilmot in the case of an application

for an attachment against J. Almon in 1765, for publishing a pamphlet

libelling the court of king's bench. The judgment was not actually

delivered as the case was settled, but has long been accepted as

correctly stating the law. Sir Eardley-Wilmot said that the offence of

libelling judges in their judicial capacity is the most proper case for

an attachment, for the "arraignment of the justice of the judges is

arraigning the king's justice; it is an impeachment of his wisdom and

goodness in the choice of his judges; and excites in the minds of the

people a general dissatisfaction with all judicial determinations, and

indisposes their minds to obey them. To be impartial, and _to be

universally thought_ so, are both absolutely necessary for the giving

justice that free, open and uninterrupted current which it has for many

ages found all over this kingdom, and which so eminently distinguishes

and exalts it above all nations upon the earth." Again, "the

constitution has provided very apt and proper remedies for correcting

and rectifying the involuntary mistakes of judges, and for punishing and

removing them for any perversion of justice. But if their authority is

to be trampled on by pamphleteers and news-writers, and the people are

to be told that the power given to the judges for their protection is

prostituted to their destruction, the court may retain its power some

little time, but I am sure it will eventually lose all its authority."

The object of the discipline enforced by the court by proceedings for

contempt of court is not now, if it ever was, to vindicate the personal

dignity of the judges or to protect them from insult as individuals, but

to vindicate the dignity and authority of the court itself and to

prevent acts tending to obstruct the due course of justice. The question

whether a personal invective against judges should be dealt with _brevi

manu_ by the court attacked, or by proceedings at the instance of the

attorney-general by information or indictment for a libel on the

administration of justice or on the judge attacked, or should be dealt

with by a civil action for damages, depends on the nature and occasion

of the attack on the judge.

There has at times been a disposition by judges in colonial courts to

use the process of the court to punish criticisms on their acts by

counsel or parties or even outsiders, which the privy council has been

prone to discourage. For instance in a Nova Scotia case a barrister was

suspended from practice for writing to the chief justice of the province

a letter relating to a case in which the barrister was suitor. The privy

council while considering the letter technically a contempt, held the

punishment inappropriate. In _Macleod_ v. _St Aubyn_ (1899, A.C. 549) it

was said that proceedings for scandalizing the court itself were

obsolete in England. But in 1900 the king's bench division, following

the Almon case, summarily punished a scurrilous personal attack on a

judge of assize with reference to his remarks in a concluded ease,

published immediately after the conclusion of the case (_R._ v. _Gray_,

1900, 2 Q.B. 36). The same measure may be meted out to those who publish

invectives against judges or juries with the object of creating

suspicion or contempt as to the administration of justice. But the

existence of this power does not militate against the right of the press

to publish full reports of trials and judgments or to make with

fairness, good faith, candour and decency, comments and criticisms on

what passed at the trial and on the correctness of the verdict or the

judgment. To impute corruption is said to go beyond the limits of fair

criticism. Shortt (_Law relating to Works of Literature_) states the law

to be that the temperate and respectful discussion of judicial

determination is not prohibited, but mere invective and abuse, and still

more the imputation of false, corrupt and dishonest motives is

punishable. In an information granted in 1788 against the corporation of

Yarmouth for having entered upon their books an order "stating that the

assembly were sensible that Mr W. (against whom an action had been

brought for malicious prosecution, and a verdict for L3000 returned,

which the court refused to disturb) was actuated by motives of public

justice, of preserving the rights of the corporation to their admiralty

jurisdiction, and of supporting the honour and credit of the chief

magistrate," Mr Justice Butler said, "The judge and jury who tried the

case, confirmed by the court of common pleas, have said that instead of

his having been actuated by motives of public justice, or by any motives

which should influence the actions of an honest man, he had been

actuated by malice. These opinions are not reconcilable; if the one be

right the other must be wrong. It is therefore a direct insinuation that

the court had judged wrong in all they have done in this case, and is

therefore clearly a libel on the administration of justice."

The exact limits of the power to punish for contempt of court in respect

of statements or comments on the action of judges and juries, or with

reference to _pending_ proceedings, have been the subject of some

controversy, owing to the difficulty of reconciling the claims of the

press to liberty and of the public to free discussion of the proceedings

of courts of justice with the claims of the judges to due respect and of

the parties to litigation that their causes should not be prejudiced

before trial by outside interference. As the law now stands it is

permissible to publish contemporaneous _reports_ of the proceedings in

cases pending in any court (Law of Libel Amendment Act 1888, s. 3),

unless the proceedings have taken place in private (_in camera_), or the

court has in the interests of justice prohibited any report until the

case is concluded, a course now rarely, if ever, adopted. But it is not

permissible to make any comments on a pending case calculated to

interfere with the due course of justice in the case, nor to publish

statements about the cause or the parties calculated to have that

effect. This rule applies even when the case has been tried and the jury

has disagreed if a second trial is in prospect. Applications are

frequently made to commit proprietors and editors who comment too freely

or who undertake the task of trying in their newspapers a pending case.

The courts are now slow to move unless satisfied that the statements or

comments may seriously affect the course of justice, e.g. by reaching

the jurors who have to try the case.

The difference between pending and decided cases has been frequently

recognized by the courts. What would be a fair comment in a decided case

may tend to influence the mind of the judge or the jury in a case

waiting to be heard, and will accordingly be punished as a contempt. In

_Tichborne_ v. _Mostyn_ the publisher of a newspaper was held to have

committed a contempt by printing in his paper extracts from affidavits

in a pending suit, with comments upon them. In the case of _R._ v.

_Castro_ it was held that after a true bill has been found, and the

indictment removed into the court of queen's bench, and a day fixed for

trial, the case was pending; and it was a contempt of court to address

public meetings, alleging that the defendant was not guilty, that there

was a conspiracy against the defendant, and that he could not have a

fair trial; and the court ordered the parties to answer for their

contempt. In the case of the Moat Farm murder (1903) the high court

punished as contempt a series of articles published in a newspaper while

the preliminary inquiry was proceeding and before the case went to a

jury (_R._ v. _Parker_, 1903, 2 K.B. 432). The like course was followed

in 1905 in the case of statements made in a Welsh newspaper about a

woman awaiting trial for attempted murder (_R._ v. _Davies_, 1906, 1

K.B. 32); and in the case of the _Weekly Dispatch_ in 1902 (_R._ v.

_Tibbits and Windust_, 1 K.B. 77), two journalists were tried on

indictment, and held to have been rightly convicted, for conspiring to

prevent the course of justice by publishing matter calculated to

interfere with the fair trial of persons who were under accusation.

Courts having jurisdiction.

"In the superior courts the power of committing for contempt is inherent

in their constitution, has been coeval with their original institution

and has been always exercised" (Oswald, _On Contempt_, 3). The high

court in which these courts are merged is the only court which has a

general jurisdiction to deal summarily with all forms of contempt. Each

division of that court deals with the particular contempts arising with

reference to proceedings before the division; but the king's bench

division, in the exercise of the supervisory authority inherited from

the old court of king's bench as _custos morum_, also from time to time

deals with acts constituting interference with justice in other inferior

courts whether of record or not. The nature and limits of this

jurisdiction after much discussion have been defined by decisions in

1903 and 1905 in attempts to try by newspapers cases under inquiry by

justices or awaiting trial at assizes or quarter sessions. The exercise

of this authority in the king's bench division, being in a criminal

cause or matter, is not the subject of appeal to any higher court.

Inferior courts of record have, as a general rule, power to punish only

those contempts which are committed _in facie curiae_ or consist in

disobedience to the lawful orders or judgments of the court. For

instance, a county court may summarily punish persons who insult the

judge or any officer of the court or any juror or witness, or wilfully

interrupt the proceedings, or misbehave in the court-house (County Court

Act 1888, s. 162), and may also attack persons who having means refuse

to comply with an order to pay money, or refuse to comply with an order

to deliver up a specific chattel or disobey an injunction. A court of

quarter sessions has at common law a like power as to contempts _in

facie curiae_ and is said to have power to punish its officials for

contempt in non-attendance or neglect of duty.

Punishment.

Contempt of court is a misdemeanour and is punishable by fine and

imprisonment or either at discretion. The offence may be tried

summarily, or may be prosecuted on information or on indictment as was

done in the case of the _Weekly Dispatch_ already mentioned. The

prerogative of pardon extends to all contempts of court which are dealt

with by a sentence of clearly punitive character; but it is doubtful

whether it extends to committals for disobedience to orders made in aid

of the execution of a civil judgment.

Contempt is usually dealt with summarily by the court contemned in the

case of contempt _in facie curiae_. The offender may be instantly

apprehended and without further proof or examination fined or sent to

prison. In the case of other contempts the High Court not only can deal

with contempts affecting itself, but can also intervene summarily to

protect inferior courts from contempts. This jurisdiction was asserted

and exercised in the Moat Farm case (1903) and the _South Wales Post_

case (1905) already mentioned.

Except in cases of contempt _in facie curiae_ evidence on oath as to the

alleged contempt must be laid before the court, and application made for

the "committal" or "attachment" of the offender. The differences between

the two modes are technical rather than substantial.

The procedure for dealing with contempt of court varies somewhat

according as the contempt consists in disobeying an order of the High

Court made in a civil cause, or consists in interference with the course

of justice by persons not present in court nor parties to the cause. In

the first class of cases the court proceeds by order of committal or

giving leave to issue writ of attachment. In either case the person said

to be in contempt must have full notice of the proposed motion and of

the grounds on which he is said to be in contempt; and the rules

regulating such proceedings must be strictly complied with (_R._ v.

_Tuck_, 1906, 2 Ch. 692). In proceedings on the crown side of the king's

bench division it is still usual to apply in the first place for a rule

nisi for leave to attach the alleged offender who is given an

opportunity of explaining, excusing or justifying the incriminated acts.

It is essential that before punishment the alleged offender should have

had full notice as to the specific offence charged and opportunity of

answering to it. The king's bench procedure is that generally used for

interference with the due course of criminal justice or disobedience to

prerogative writs such as _mandamus_.

An order of committal is an order in execution specifying the nature of

the detention to be suffered, or the penalty to be paid. The process of

attachment merely brings the accused into court; he is then required to

answer on oath interrogatories administered to him, so that the court

may be better informed of the circumstances of the contempt. If he can

clear himself on oath he is discharged; if he confesses the court will

punish him by fine or imprisonment, or both, at its discretion. But in

very many cases on proper apology and submission, and undertaking not to

repeat the contempt, and payment of costs, the court allows the

proceedings to drop without proceeding to fine or imprison.

From time to time proposals have been made to deprive the superior

courts of the power to deal summarily with contempts not committed _in

facie curiae_, and to require proceedings on other charges for contempt

to go before a jury. This distinction has already been made in some

British colonies, e.g. British Guiana, by an ordinance of 1900 (No. 31).

Recent decisions in England have so fully defined the limits of the

offence and declared the practice of the courts that it would probably

only result in undue licence of the press if the power now carefully and

judicially exercised of dealing summarily with journalistic interference

with the ordinary course of justice were taken away and the delay

involved in submitting the case to a jury were made inevitable. The

courts now only act in clear cases, and in cases of doubt can always

send the question to a jury. The experience of other countries makes it

undesirable to part with the summary remedy so long as it is in the

hands of a trusted judicature.

_Scotland._--In Scotland the courts of session and justiciary have,

at common law, and exercise the power of punishing contempt committed

during a judicial proceeding by censure, fine or imprisonment

_proprio motu_ without formal proceedings or a summary complaint. The

nature of the offence is there in substance the same as in England

(see Petrie, 1889: 7 Rettie Justiciary 3; Smith, 1892: 20 Rettie

Justiciary 52).

_Ireland._--In Ireland the law of contempt is on the same lines as in

England, but conflicts have arisen between the bench and popular

opinion, due to political and religious differences, which have led

to proposals for making juries and not judges arbiters in cases of

contempt.

_British Dominions beyond Seas._--The courts of most British

possessions have acquired and freely exercise the power of the court

of king's bench to deal summarily with contempt of court; and, as

already stated, it is not infrequently the duty of the privy council

to restrain too exuberant a vindication of the offended dignity of a

colonial court. (W. F. C.)

CONTI, PRINCES OF. The title of prince of Conti, assumed by a younger

branch of the house of Conde, was taken from Conti-sur-Selles, a small

town about 20 m. S.W. of Amiens, which came into the Conde family by the

marriage of Louis of Bourbon, first prince of Conde, with Eleanor de

Roye in 1551.

FRANCOIS (1558-1614), the third son of this marriage, was given the

title of marquis de Conti, and between 1581 and 1597 was elevated to the

rank of a prince. Conti, who belonged to the older faith, appears to

have taken no part in the wars of religion until 1587, when his distrust

of Henry, third duke of Guise, caused him to declare against the League,

and to support Henry of Navarre, afterwards King Henry IV. of France. In

1589 after the murder of Henry III., king of France, he was one of the

two princes of the blood who signed the declaration recognizing Henry

IV. as king, and he continued to support Henry, although on the death of

Charles cardinal de Bourbon in 1590 he himself was mentioned as a

candidate for the throne. In 1605 Conti, whose first wife Jeanne de

Coeeme, heiress of Bonnetable, had died in 1601, married the beautiful

and witty Louise Marguerite (1574-1631), daughter of Henry duke of Guise

and Catherine of Cleves, whom, but for the influence of his mistress

Gabrielle d'Estrees, Henry IV. would have made his queen. Conti died in

1614. His only child Marie having predeceased him in 1610, the title

lapsed. His widow followed the fortunes of Marie de' Medici, from whom

she received many marks of favour, and was secretly married to Francois

de Bassompierre (q.v.), who joined her in conspiring against Cardinal

Richelieu. Upon the exposure of the plot the cardinal exiled her to her

estate at Eu, near Amiens, where she died. The princess wrote _Aventures

de la cour de Perse_, in which, under the veil of fictitious scenes and

names, she tells the history of her own time.

In 1629 the title of prince de Conti was revived in favour of ARMAND DE

BOURBON (1629-1666), second son of Henry II. of Bourbon, prince of

Conde, and brother of Louis, the great Conde. He was destined for the

church and studied theology at the university of Bourges, but although

he received several benefices he did not take orders. He played a

conspicuous part in the intrigues and fighting of the Fronde, became in

1648 commander-in-chief of the rebel army, and in 1650 was with his

brother Conde imprisoned at Vincennes. Released when Mazarin went into

exile, he wished to marry Mademoiselle de Chevreuse (1627-1652),

daughter of the famous confidante of Anne of Austria, but was prevented

by his brother, who was now supreme in the state. He was concerned in

the Fronde of 1651, but soon afterwards became reconciled with Mazarin,

and in 1654 married the cardinal's niece, Anne Marie Martinozzi

(1639-1672), and secured the government of Guienne. He took command of

the army which in 1654 invaded Catalonia, where he captured three towns

from the Spaniards. He afterwards led the French forces in Italy, but

after his defeat before Alessandria in 1657 retired to Languedoc, where

he devoted himself to study and mysticism until his death. At Clermont

Conti had been a fellow student of Moliere's for whom he secured an

introduction to the court of Louis XIV., but afterwards, when writing a

treatise against the stage entitled _Traite de la comedie et des

spectacles selon les traditions de l'Eglise_ (Paris, 1667), he charged

the dramatist with keeping a school of atheism. Conti also wrote

_Lettres sur la grace_, and _Du devoir des grands et des devoirs des

gouverneurs de province_.

LOUIS ARMAND DE BOURBON, prince de Conti (1661-1685), eldest son of the

preceding, succeeded his father in 1666, and in 1680 married Marie Anne,

a daughter of Louis XIV. and Louise de la Valliere. He served with

distinction in Flanders in 1683, and against the wish of the king went

to Hungary, where he assisted the Imperialists to defeat the Turks at

Gran in 1683. After a dissolute life he died at Fontainebleau from

smallpox.

FRANCOIS LOUIS DE BOURBON, prince de Conti (1664-1709), younger brother

of the preceding, was known until 1685 as prince de la Roche-sur-Yon.

Naturally of great ability, he received an excellent education and was

distinguished both for the independence of his mind and the popularity

of his manners. On this account he was not received with favour by Louis

XIV.; so in 1683 he assisted the Imperialists in Hungary, and while

there he wrote some letters in which he referred to Louis as _le roi an

theatre_, for which on his return to France he was temporarily banished

to Chantilly. Conti was a favourite of his uncle the great Conde, whose

grand-daughter Marie Therese de Bourbon (1666-1732) he married in 1688.

In 1689 he accompanied his intimate friend Marshal Luxembourg to the

Netherlands, and shared in the French victories at Fleurus, Steinkirk

and Neerwinden. On the death of his cousin, Jean Louis Charles, duc de

Longueville (1646-1694), Conti in accordance with his cousin's will,

claimed the principality of Neuchatel against Marie, duchesse de Nemours

(1625-1707), a sister of the duke. He failed to obtain military

assistance from the Swiss, and by the king's command yielded the

disputed territory to Marie, although the courts of law had decided in

his favour. In 1697 Louis XIV. offered him the Polish crown, and by

means of bribes the abbe de Polignac secured his election. Conti started

rather unwillingly for his new kingdom, probably, as St Simon remarks,

owing to his affection for Francoise, wife of Philip II., duke of

Orleans, and daughter of Louis XIV. and Madame de Montespan. When he

reached Danzig and found his rival Augustus II., elector of Saxony,

already in possession of the Polish crown, he returned to France, where

he was graciously received by Louis, although St Simon says the king was

vexed to see him again. But the misfortunes of the French armies during

the earlier years of the war of the Spanish Succession compelled Louis

to appoint Conti, whose military renown stood very high, to command the

troops in Italy. He fell ill before he could take the field, and died on

the 9th of February 1709, his death calling forth exceptional signs of

mourning from all classes.

LOUIS ARMAND DE BOURBON, prince de Conti (1606-1727), eldest son of the

preceding, was treated with great liberality by Louis XIV., and also by

the regent, Philip duke of Orleans. He served under Marshal Villars in

the War of the Spanish Succession, but he lacked the soldierly qualities

of his father. In 1713 he married Louise Elisabeth (1693-1775), daughter

of Louis Henri de Bourbon, prince de Conde, and grand-daughter of Louis

XIV. He was a prominent supporter of the financial schemes of John Law,

by which he made large sums of money.

LOUIS FRANCOIS DE BOURBON, prince de Conti (1717-1776), only son of the

preceding, adopted a military career, and when the war of the Austrian

Succession broke out in 1741 accompanied Charles Louis, duc de

Belle-Isle, to Bohemia. His services there led to his appointment to

command the army in Italy, where he distinguished himself by forcing the

pass of Villafranca and winning the battle of Coni in 1744. In 1745 he

was sent to check the Imperialists in Germany, and in 1746 was

transferred to the Netherlands, where some jealousy between Marshal Saxe

and himself led to his retirement in 1747. In this year a faction among

the Polish nobles offered Conti the crown of that country, where owing

to the feeble health of King Augustus III. a vacancy was expected. He

won the personal support of Louis XV. for his candidature, although the

policy of the French ministers was to establish the house of Saxony in

Poland, as the dauphiness was a daughter of Augustus. Louis therefore

began secret personal relations with his ambassadors in eastern Europe,

who were thus receiving contradictory instructions; a policy known later

as the _secret du roi_. Although Conti did not secure the Polish throne

he remained in the confidence of Louis until 1755, when his influence

was destroyed by the intrigues of Madame de Pompadour; so that when the

Seven Years' War broke out in 1756 he was refused the command of the

army of the Rhine, and began the opposition to the administration which

caused Louis to refer to him as "my cousin the advocate." In 1771 he was

prominent in opposition to the chancellor Maupeou. He supported the

parlements against the ministry, was especially active in his hostility

to Turgot, and was suspected of aiding a rising which took place at

Dijon in 1775. Conti, who died on the 2nd of August 1776, inherited

literary tastes from his father, was a brave and skilful general, and a

diligent student of military history. His house, over which the comtesse

de Boufflers presided, was the resort of many men of letters, and he was

a patron of Jean Jacques Rousseau.

LOUIS FRANCOIS JOSEPH, prince de Conti (1734-1814), son of the

preceding, possessed considerable talent as a soldier, and distinguished

himself during the Seven Years' War. He took the side of Maupeou in the

struggle between the chancellor and the parlements, and in 1788 declared

that the integrity of the constitution must be maintained. He emigrated

owing to the weakness of Louis XVI., but refused to share in the plans

for the invasion of France, and returned to his native country in 1790.

Arrested by order of the National Convention in 1793, he was acquitted,

but was reduced to poverty by the confiscation of his possessions. He

afterwards received a pension, but the Directory banished him from

France, and as he refused to share in the plots of the royalists he

lived at Barcelona till his death in 1814, when the house of Conti

became extinct.

See F. de Bassompierre, _Memoires_ (Paris, 1877); G. Tallemant des

Reaux, _Historiettes_ (Paris, 1854-1860); L. de R. duc de Saint

Simon, _Memoires_ (Paris, 1873); C. E. duchesse d'Orleans, _Memoires_

(Paris, 1880); R. L. Marquis d'Argenson, _Journal et memoires_

(Paris, 1859-1865); F. J. de P. cardinal de Bernis, _Memoires et

lettres_ (Paris, 1878); J. V. A. duc de Broglie, _Le Secret du roi_

(Paris, 1878); P. A. Cheruel, _Histoire de la minorite de Louis XIV

et du ministere de Mazarin_ (Paris, 1879); E. Boutaric,

_Correspondence secrete de Louis XV sur la politique etrangere_

(Paris, 1866); P. Foncin, _Essai sur le ministere de Turgot_ (Paris,

1877); E. Bourgeois _Neuchatel et la politique prussienne en

Franche-Comte_ (Paris, 1877).

CONTI, NICOLO DE' (fl. 1419-1444), Venetian explorer and writer, was a

merchant of noble family, who left Venice about 1419, on what proved an

absence of 25 years. We next find him in Damascus, whence he made his

way over the north Arabian desert, the Euphrates, and southern

Mesopotamia, to Bagdad. Here he took ship and sailed down the Tigris to

Basra and the head of the Persian Gulf; he next descended the gulf to

Ormuz, coasted along the Indian Ocean shore of Persia (at one port of

which he remained some time, and entered into a business partnership

with some Persian merchants), and so reached the gulf and city of

Cambay, where he began his Indian life and observations. He next dropped

down the west coast of India to Ely, and struck inland to Vijayanagar,

the capital of the principal Hindu state of the Deccan, destroyed in

1555. Of this city Conti gives an elaborate description, one of the most

interesting portions of his narrative. From Vijayanagar and the

Tungabudhra he travelled to Maliapur near Madras, the traditional

resting-place of the body of St Thomas, and the holiest shrine of the

native Nestorian Christians, then "scattered over all India," the

Venetian declares, "as the Jews are among us." The narrative next refers

to Ceylon, and gives a very accurate account of the Cingalese cinnamon

tree; but, if Conti visited the island at all, it was probably on the

return journey. His outward route now took him to Sumatra, where he

stayed a year, and of whose cruel, brutal, cannibal natives he gained a

pretty full knowledge, as of the camphor, pepper and gold of this

"Taprobana." From Sumatra a stormy voyage of sixteen days brought him to

Tenasserim, near the head of the Malay Peninsula. We then find him at

the mouth of the Ganges, and trace him ascending and descending that

river (a journey of several months), visiting Burdwan and Aracan,

penetrating into Burma, and navigating the Irawadi to Ava. He appears to

have spent some time in Pegu, from which he again plunged into the Malay

Archipelago, and visited Java, his farthest point. Here he remained nine

months, and then began his return by way of _Ciampa_ (usually

Cochin-China in later medieval European literature, but here perhaps

some more westerly portion of Indo-China); a month's voyage from Ciampa

brought him to _Coloen_, doubtless Kulam or Quilon, in the extreme

south-west of India. Thence he continued his homeward route, touching at

Cochin, Calicut and Cambay, to Sokotra, which he describes as still

mainly inhabited by Nestorian Christians; to the "rich city" of Aden,

"remarkable for its buildings"; to _Gidda_ or Jidda, the port of Mecca;

over the desert to _Carras_ or Cairo; and so to Venice, where he arrived

in 1444.

As a penance for his (compulsory) renunciation of the Christian faith

during his wanderings, Eugenius IV. ordered him to relate his history to

Poggio Bracciolini, the papal secretary. The narrative closes with

Conti's elaborate replies to Poggio's question on Indian life, social

classes, religion, fashions, manners, customs and peculiarities of

various kinds. Following a prevalent fashion, the Venetian divides his

Indies into three parts, the first extending from Persia to the Indus;

the second from the Indus to the Ganges; the third including all beyond

the Ganges; this last he considered to excel the others in wealth,

culture and magnificence, and to be abreast of Italy in civilization. We

may note, moreover, Conti's account of the bamboo in the Ganges valley;

of the catching, taming and rearing of elephants in Burma and other

regions; of Indian tattooing and the use of leaves for writing; of

various Indian fruits, especially the jack and mango; of the polyandry

of Malabar; of the cockfighting of Java; of what is apparently the bird

of Paradise; of Indian funeral ceremonies, and especially _suttee_; of

the self-mutilation and immolation of Indian fanatics; and of Indian

magic, navigation ("they are not acquainted with the compass"), justice,

&c. Several venerable legends are reproduced; and Conti's name-forms,

partly through Poggio's vicious classicism, are often absolutely

unrecognizable; but on the whole this is the best account of southern

Asia by any European of the 15th century; while the traveller's visit to

Sokotra is an almost though not quite unique performance for a Latin

Christian of the middle ages.

The original Latin is in Poggio's _De varietate Fortunae_, book iv.;

see the edition of the Abbe Oliva (Paris, 1723). The Italian version,

printed in Ramusio's _Navigationi et viaggi_, vol. i., is only from a

Portuguese translation made in Lisbon. An English translation with

short notes was made by J. Winter Jones for the Hakluyt Society in

the vol. entitled _India in the Fifteenth Century_ (London, 1857); an

introductory account of the traveller and his work by R. H. Major

precedes. (C. R. B.)

CONTINENT (from Lat. _continere_, "to hold together"; hence "connected,"

"continuous"), a word used in physical geography of the larger

continuous masses of land in contrast to the great oceans, and as

distinct from the submerged tracts where only the higher parts appear

above the sea, and from islands generally.

On looking at a map of the world, continents appear generally as

wedge-shaped tracts pointing southward, while the oceans have a

polygonal shape. Eurasia is in some sense an exception, but all the

southern terminations of the continents advance into the sea in the form

of a wedge--South America, South Africa, Arabia, India, Malaysia and

Australia connected by a submarine platform with Tasmania. It is

difficult not to believe that these remarkable characters have some

relation to the structure of the great globe-mass, and according to T.

C. Chamberlin and R. D. Salisbury, in their _Geology_ (1906), "the true

conception is perhaps that the ocean basins and continental platforms

are but the surface forms of great segments of the lithosphere, all of

which crowd towards the centre, the stronger and heavier--the ocean

basins--taking precedence and squeezing the weaker and lighter ones--the

continents--between them." "The area of the most depressed, or master

segments, is almost exactly twice that of the protruding or squeezed

ones. This estimate includes in the latter about 10,000,000 sq. m. now

covered with shallow water. The volume of the hydrosphere is a little

too great for the true basins, and it runs over, covering the borders of

the continents" (see Continental Shelf). Several theories have been

advanced to account for the roughly triangular shape of the continents,

but that presenting the least difficulty is the one expressed above,

"since in a spherical surface divided into larger and smaller segments

the major part should be polygonal, while the minor residual segments

are more likely to be triangular."

As bearing on this geological idea, it is interesting to notice in this

connexion that the areas of volcanic activity are mostly where continent

and ocean meet; and that around the continents there is an almost

continuous "deep" from 100 to 300 m. broad, of which the Challenger Deep

(11,400 ft.) and the great Tuscarora Deep are fragments. If on a map of

the world a broad inked brush be swept seawards round Africa, passing

into the Mediterranean, round North and South America, round India, then

continuously south of Java and round Australia south of Tasmania and

northward to the tropic, this broad band will represent the encircling

ribbon-like "deep," which gives strength to the suggestion that the

continents in their main features are permanent forms and that their

structural connexion with the oceans is not temporary and accidental.

The great protruding or "squeezed" segments are the Eurasian (with an

area roughly of twenty-four, reckoning in millions of square miles),

strongly ridged on the south and east, and relatively flat on the

north-west; the African (twelve), rather strongly ridged on the east,

less abruptly on the west and north; the North American (ten), strongly

ridged on the west, more gently on the east, and relatively flat on the

north and in the interior; the South American (nine), strongly ridged on

the west and somewhat on the north-east and south-east, leaving ten for

the smaller blocks. The sum of these will represent one-third of the

earth's surface, while the remaining two-thirds is covered by the ocean.

The foundation structure of the continents is everywhere similar. Their

resulting rocks and soils are due to differential minor movements in the

past, by which deposits of varying character were produced. These

movements, taking place periodically and followed by long periods of

rest, produce continued stability for the development and migration of

forms of life, the grading of rivers, the development of varied

characteristic land forms, the migration and settlement of human beings,

the facility or difficulty of intelligent intercourse between races and

communities, with finally the commercial interchange of those

commodities produced by varying climatic conditions upon different parts

of the continental surface; in short, for those geographical factors

which form the chief product of past and present human history. (See

Geography.)

CONTINENTAL SHELF, the term in physical geography for the submerged

platform upon which a continent or island stands in relief. If a coin or

medal be partly sunk under water the image and superscription will stand

above water and represent a continent with adjacent islands; the sunken

part just submerged will represent the continental shelf and the edge of

the coin the boundary between it and the surrounding deep, called by

Professor H. K. H. Wagner the continental slope. If the lithosphere

surface be divided into three parts, namely, the continent heights, the

ocean depths, and the transitional area separating them, it will be

found that this transitional area is almost bisected by the coast-line,

that nearly one-half of it (10,000,000 sq. m.) lies under water less

than 100 fathoms deep, and the remainder 12,000,000 sq. m. is under 600

ft. in elevation. There are thus two continuous plain systems, one above

water and one under water, and the second of these is called the

continental shelf. It represents the area which would be added to the

land surface if the sea fell 600 ft. This shelf varies in width. Round

Africa--except to the south--and off the western coasts of America it

scarcely exists. It is wide under the British Islands and extends as a

continuous platform under the North Sea, down the English Channel to the

south of France; it unites Australia to New Guinea on the north and to

Tasmania on the south, connects the Malay Archipelago along the broad

shelf east of China with Japan, unites north-western America with Asia,

sweeps in a symmetrical curve outwards from north-eastern America

towards Greenland, curving downwards outside Newfoundland and holding

Hudson Bay in the centre of a shallow dish. In many places it represents

the land planed down by wave action to a plain of marine denudation,

where the waves have battered down the cliffs and dragged the material

under water. If there were no compensating action in the differential

movement of land and sea in the transitional area, the whole of the land

would be gradually planed down to a submarine platform, and all the

globe would be covered with water. There are, however, periodical

warpings of this transitional area by which fresh areas of land are

raised above sea-level, and fresh continental coast-lines produced,

while the sea tends to sink more deeply into the great ocean basins, so

that the continents slowly increase in size. "In many cases it is

possible that the continental shelf is the end of a low plain submerged

by subsidence; in others a low plain may be an upheaved continental

shelf, and probably wave action is only one of the factors at work" (H.

R. Mill, _Realm of Nature_, 1897).

Encyclopaedia Britannica, 11th Edition, "Constantine Pavlovich" to "Convention" Volume 7, Slice 2 · 第 9 / 26 题