FOOTNOTES:

[1] For the Greek Council see BOULE; for the Hebdomadal Council see

OXFORD; see also ENGLAND: Local Government.

[2] From [Greek: he oikoumene (ge)]. the inhabited world; Latin

_oecumenicus_ or _universalis_. The English forms "oecumenical" and

"ecumenical" are both used.

COUNCIL BLUFFS, a city and the county-seat of Pottawattamie county,

Iowa, U.S.A., about 2-1/2 m. E. of the Missouri river opposite Omaha,

Nebraska, with which it is connected by a road bridge and two railway

bridges. Pop. (1890) 21,474; (1900) 25,802, of whom 3723 were

foreign-born; (1910) 29,292. It is pre-eminently a railway centre, being

served by the Union Pacific, of which it is the principal eastern

terminus, the Chicago, Burlington & Quincy, the Chicago, Milwaukee &

Saint Paul, the Chicago & Northwestern, the Chicago, Rock Island &

Pacific, the Chicago Great-Western, the Illinois Central, and the

Wabash, which together have given it considerable commercial importance.

It is built for the most part on level ground at the foot of high

bluffs; and has several parks, the most attractive of which, commanding

fine views, is Fairmount Park. With the exception of bricks and tiles,

carriages and wagons, agricultural implements, and the products of its

railway shops, its manufactures are relatively unimportant, the factory

product in 1905 being valued at only $1,924,109. Council Bluffs is the

seat of the Western Iowa Business College, and of the Iowa school for

the deaf. On or near the site of Council Bluffs, in 1804, Lewis and

Clark held a council with the Indians, whence the city's name. In 1838

the Federal government made this the headquarters of the Pottawattamie

Indians, removed from Missouri. They remained until 1846-1847, when the

Mormons came, built many cabins, and named the place Kanesville. The

Mormons remained only about five years, but on their departure for Utah

their places were speedily taken by new immigrants. During 1849-1850

Council Bluffs became an important outfitting point for California gold

seekers--the goods being brought by boat from Saint Louis--and in 1853

it was incorporated as a city.

COUNSEL AND COUNSELLOR, one who gives advice, more particularly in legal

matters. The term "counsel" is employed in England as a synonym for a

barrister-at-law, and may refer either to a single person who pleads a

cause, or collectively, to the body of barristers engaged in a case.

Counsellor or, more fully, counsellor-at-law, is practically an obsolete

term in England, but is still in use locally in Ireland as an equivalent

to barrister. In the United States, a counsellor-at-law is,

specifically, an attorney admitted to practice in all the courts; but as

there is no formal distinction of the legal profession into two classes,

as in England, the term is more often used loosely in the same sense as

"lawyer," i.e. one who is versed in, or practises law.

COUNT (Lat. _comes_, gen. _comitis_, Fr. _comte_, Ital. _conte_, Span.

_conde_), the English translation of foreign titles equivalent generally

to the English "earl."[1] In Anglo-French documents the word _counte_

was at all times used as the equivalent of earl, but, unlike the

feminine form "countess," it did not find its way into the English

language until the 16th century, and then only in the sense defined

above. The title of earl, applied by the English to the foreign counts

established in England by William the Conqueror, is dealt with elsewhere

(see EARL). The present article deals with (1) the office of count in

the Roman empire and the Frankish kingdom, (2) the development of the

feudal count in France and under the Holy Roman Empire, (3) modern

counts.

1. The Latin _comes_ meant literally a companion or follower. In the

early Roman empire the word was used to designate the companions of the

emperor (_comites principis_) and so became a title of honour. The

emperor Hadrian chose senators as companions on his travels and to help

him in public business. They formed a permanent council, and Hadrian's

successors entrusted these _comites_ with the administration of justice

and finance, or placed them in military commands. The designation

_comes_ thus developed into a formal official title of high officers of

state, some qualification being added to indicate the special duties

attached to the office in each case. Thus in the 5th century, among the

_comites_ attached to the emperor's establishment, we find, e.g., the

_comes sacrarum largitionum_ and the _comes rei privatae_; while others,

forming the council, were styled _comites consistorii_. Others were sent

into the provinces as governors, _comites per provincias constituti_;

thus in the _Notitia dignitatum_ we find a _comes Aegypti_, a _comes

Africae_, a _comes Belgicae_, a _comes Lugdunensis_ and others. Two of

the generals of the Roman province of Britain were styled the _comes

Britanniae_ and the _comes littoris Saxonici_ (count of the Saxon

shore).

At Constantinople in the latter Roman empire the Latin word _comes_

assumed a Greek garb as [Greek: komes] and was declined as a Greek noun

(gen. [Greek: kometos]); the _comes sacrarum largitionum_ (count of the

sacred bounties) was called at Constantinople [Greek: ho komes ton

sakron largitionon] and the _comes rerum privatarum_ (count of the

private estates) was called [Greek: komes ton pribaton]. The count of

the sacred bounties was the lord treasurer or chancellor of the

exchequer, for the public treasury and the imperial fisc had come to be

identical; while the count of the private estates managed the imperial

demesnes and the privy purse. In the 5th century the "sacred bounties"

corresponded to the _aerarium_ of the early Empire, while the _res

privatae_ represented the fisc. The officers connected with the palace

and the emperor's person included the count of the wardrobe (_comes

sacrae vestis_), the count of the residence (_comes domorum_), and, most

important of all, the _comes domesticorum et sacri stabuli_ (graecized

as [Greek: komes tou stablou]). The count of the stable, originally the

imperial master of the horse, developed into the "illustrious"

commander-in-chief of the imperial army (Stilicho, e.g., bore the full

title as given above), and became the prototype of the medieval

constable (q.v.).

An important official of the second rank (_spectabilis_, "respectable"

as contrasted with those of highest rank who were "illustrious") was the

count of the East, who appears to have had the control of a department

in which 600 officials were engaged. His power was reduced in the 6th

century, when he was deprived of his authority over the Orient diocese,

and became civil governor of Syria Prima, retaining his "respectable"

rank. Another important officer of the later Roman court was the _comes

sacri patrimonii_, who was instituted by the emperor Anastasius. In this

connexion it should be observed that the word _patrimonium_ gradually

changed in meaning. In the beginning of the 3rd century _patrimonium_

meant crown property, and _res privata_ meant personal property: at the

beginning of the 6th century _patrimonium_ meant personal property, and

_res privata_ meant crown property. It is difficult to give briefly a

clear idea of the functions of the three important officials _comes

sacrarum largitionum_, _comes rei privatae_ and _comes sacri

patrimonii_; but the terms have been well translated by a German author

as _Finanzminister des Reichsschatzes_ (finance minister of the treasury

of the Empire), _F. des Kronschatzes_ (of the crown treasury), and _F.

des kaiserlichen Privatvermogens_ (of the emperor's private property).

The Frankish kings of the Merovingian dynasty retained the Roman system

of administration, and under them the word _comes_ preserved its

original meaning; the _comes_ was a companion of the king, a royal

servant of high rank. Under the early Frankish kings some _comites_ did

not exercise any definite functions; they were merely attached to the

king's person and executed his orders. Others filled the highest

offices, e.g. the _comes palatii_ and _comes stabuli_ (see CONSTABLE).

The kingdom was divided for administrative purposes into small areas

called _pagi_ (_pays_, Ger. _Gau_), corresponding generally to the Roman

_civitates_ (see CITY).[2] At the head of the _pagus_ was the _comes_,

corresponding to the German _Graf_ (_Gaugraf_, cf. Anglo-Saxon

_scire-gerefa_,[3] sheriff). The _comes_ was appointed by the king and

removable at his pleasure, and was chosen originally from all classes,

sometimes from enfranchised slaves. His essential functions were

judicial and executive, and in documents he is often described as the

king's agent (_agens publicus_) or royal judge (_judex publicus_ or

_fiscalis_). As the delegate of the executive power he had the right to

military command in the king's name, and to take all the measures

necessary for the preservation of the peace, i.e. to exercise the royal

"ban" (_bannus regis_). He was at once public prosecutor and judge, was

responsible for the execution of the sentences of the courts, and as the

king's representative exercised the royal right of protection (_mundium

regis_) over churches, widows, orphans and the like. He enjoyed a triple

wergeld, but had no definite salary, being remunerated by the receipt of

certain revenues, a system which contained the germs of discord, on

account of the confusion of his public and private estates. He also

retained a third of the fines which he imposed in his judicial capacity.

Under the early Carolings the title count did not indicate noble birth.

A _comes_ was generally raised from childhood in the king's palace, and

rose to be a count through successive stages. The count's office was not

yet a dignity, nor hereditary; he was not independent nor appointed for

life, but exercised the royal power by delegation, as under the

Merovingians. While, however, he was theoretically paid by the king, he

seems to have been himself one of the sources of the royal revenue. The

counties were, it appears, farmed out; but in the 7th century the royal

choice became restricted to the larger landed proprietors, who gradually

emancipated themselves from royal control, and in the 8th century the

term _comitatus_ begins to denote a geographical area, though there was

little difference in its extent under the Merovingian kings and the

early Carolings. The count was about to pass into the feudatory stage.

Throughout the middle ages, however, the original official and personal

connotation of the title was never wholly lost; or perhaps it would be

truer to say, with Selden, that it was early revived with the study of

the Roman civil law in the 12th century. The unique dignity of count of

the Lateran palace,[4] bestowed in 1328 by the emperor Louis IV. the

Bavarian on Castrucio de' Antelminelli, duke of Lucca, and his heirs

male, was official as well as honorary, being charged with the

attendance and service to be performed at the palace at the emperor's

coronation at Rome (Du Cange, s.v. _Comites Palatii Lateranensis_;

Selden, op. cit. p. 321). This instance, indeed, remained isolated; but

the personal title of "count palatine," though honorary rather than

official, was conferred on officials--especially by the popes on those

of the Curia--had no territorial significance, and was to the last

reminiscent of those early comites palatii whose relations to the

sovereign had been purely personal and official (see PALATINE). A relic

of the old official meaning of "count" still survives in Transylvania,

where the head of the political administration of the Saxon districts is

styled count (_comes_, _Graf_) of the Saxon Nation.

2. _Feudal Counts._--The process by which the official counts were

transformed into feudal vassals almost independent is described in the

article FEUDALISM. In the confusion of the period of transition, when

the title to possession was usually the power to hold, designations

which had once possessed a definite meaning were preserved with no

defined association. In France, by the 10th century, the process of

decomposition of the old organization had gone far, and in the 11th

century titles of nobility were still very loosely applied. That of

"count" was, as Luchaire points out, "equivocal" even as late as the

12th century; any castellan of moderate rank could style himself _comte_

who in the next century would have been called _seigneur_ (_dominus_).

Even when, in the 13th century, the ranks of the feudal hierarchy in

France came to be more definitely fixed, the style of "count" might

imply much, or comparatively little. In the oldest register of Philip

Augustus counts are reckoned with dukes in the first of the five orders

into which the nobles are divided, but the list includes, besides such

almost sovereign rulers as the counts of Flanders and Champagne,

immediate vassals of much less importance--such as the counts of

Soissons and Dammartin--and even one mediate vassal, the count of

Bar-sur-Seine. The title was still in fact "equivocal," and so it

remained throughout French history. In the official lists it was early

placed second to that of duke (Luchaire, _Manuel_, p. 181, note 1), but

in practice at least the great _comtes-pairs_ (e.g. of Champagne) were

the equals of any duke and the superiors of many. Thus, too, in modern

times royal princes have been given the title of count (Paris, Flanders,

Caserta), the heir of Charles X. actually changing his style, without

sense of loss, from that of duc de Bordeaux to that of comte de

Chambord. From the 16th century onwards the equivocal nature of the

title in France was increased by the royal practice of selling it,

either to viscounts or barons in respect of their fiefs, or to rich

_roturiers_.

In Germany the change from the official to the territorial and

hereditary counts followed at the outset much the same course as in

France, though the later development of the title and its meaning was

different. In the 10th century the counts were permitted by the kings to

divide their benefices and rights among their sons, the rule being

established that countships (_Grafschaften_) were hereditary, that they

might be held by boys, that they were heritable by females and might

even be administered by females. The _Grafschaft_ became thus merely a

bundle of rights inherent in the soil; and, the count's office having

become his property, the old counties or _Gauen_ rapidly disappeared as

administrative units, being either amalgamated or subdivided. By the

second half of the 12th century the official character of the count had

quite disappeared; he had become a territorial noble, and the foundation

had been laid of territorial sovereignty (_Landeshoheit_). The first

step towards this was the concession to the counts of the military

prerogatives of dukes, a right enjoyed from the first by the counts of

the marches (see MARGRAVE), then given to counts palatine (see PALATINE)

and, finally, to other counts, who assumed by reason of it the style of

landgrave (_Landgraf_, i.e. count of a province). At first all counts

were reckoned as princes of the Empire (_Reichsfursten_); but since the

end of the 12th century this rank was restricted to those who were

immediate tenants of the crown,[5] the other counts of the Empire

(_Reichsgrafen_) being placed among the free lords (_barones_, _liberi

domini_). Counts of princely rank (_gefurstete Grafen_) voted among the

princes in the imperial diet; the others (_Reichsgrafen_) were grouped

in the _Grafenbanke_--originally two, to which two more were added in

the 17th century--each of which had one vote. In 1806, on the formation

of the Confederation of the Rhine, the sovereign counts were all

mediatized (see MEDIATIZATION). Even before the end of the Empire (1806)

the right of bestowing the title of count was freely exercised by the

various German territorial sovereigns.

3. _Modern Counts._--Any political significance which the feudal title

of count retained in the 18th century vanished with the changes produced

by the Revolution. It is now simply a title of honour and one, moreover,

the social value of which differs enormously, not only in the different

European countries, but within the limits of the same country. In

Germany, for instance, there are several categories of counts: (1) the

mediatized princely counts (_gefurstete Grafen_), who are reckoned the

equals in blood of the European sovereign houses, an equality symbolized

by the "closed crown" surmounting their armorial bearings. The heads of

these countly families of the "high nobility" are entitled (by a decree

of the federal diet, 1829) to the style of _Erlaucht_ (illustrious, most

honourable); (2) Counts of the Empire[6] (_Reichsgrafen_), descendants

of those counts who, before the end of the Holy Roman Empire (1806),

were _Reichsstandisch_ i.e. sat in one of the _Grafenbanke_ in the

imperial diet, and entitled to a ducal coronet; (3) Counts (a) descended

from the lower nobility of the old Empire, titular since the 15th

century, (b) created since; their coronet is nine-pointed (cf. the nine

points and strawberry leaves of the English earl). The difficulty of

determining in any case the exact significance of the title of a German

count, illustrated by the above, is increased by the fact that the title

is generally heritable by all male descendants, the only exception being

in Prussia, where, since 1840, the rule of primogeniture has prevailed

and the bestowal of the title is dependent on a rent-roll of L3000 a

year. The result is that the title is very widespread and in itself

little significant. A German or Austrian count may be a wealthy noble of

princely rank, a member of the Prussian or Austrian Upper House, or he

may be the penniless cadet of a family of no great rank or antiquity.

Nevertheless the title, which has long been very sparingly bestowed,

always implies a good social position. The style _Altgraf_ (old count),

occasionally found, is of some antiquity, and means that the title of

count has been borne by the family from time immemorial.

In medieval France the significance of the title of count varied with

the power of those who bore it; in modern France it varies with its

historical associations. It is not so common as in Germany or Italy;

because it does not by custom pass to all male descendants. The title

was, however, cheapened by its revival under Napoleon. By the decree of

the 1st of March 1808, reviving titles of nobility, that of count was

assigned _ex officio_ to ministers, senators and life councillors of

state, to the president of the Corps Legislatif and to archbishops. The

title was made heritable in order of primogeniture, and in the case of

archbishops through their nephews. These Napoleonic countships,

increased under subsequent reigns, have produced a plentiful crop of

titles of little social significance, and have tended to lower the

status of the counts deriving from the _ancien regime_. The title of

marquis, which Napoleon did not revive, has risen proportionately in the

estimation of the Faubourg St Germain. As for that of count, it is safe

to say that in France its social value is solely dependent on its

historical associations.

Of all European countries Italy has been most prolific of counts. Every

petty Italian prince, from the pope downwards, created them for love or

money; and, in the absence of any regulating authority, the title was

also widely and loosely assumed, while often the feudal title passed

with the sale of the estate to which it was attached. Casanova remarked

that in some Italian cities all the nobles were _baroni_, in others all

were _conti_. An Italian _conte_ may or may not be a gentleman; he has

long ceased, _qua_ count, to have any social prestige, and his rank is

not recognized by the Italian government. As in France, however, there

are some Italian _conti_ whose titles are respectable, and even

illustrious, from their historic associations. The prestige belongs,

however, not to the title but to the name. As for the papal countships,

which are still freely bestowed on those of all nations whom the Holy

See wishes to reward, their prestige naturally varies with the religious

complexion of the country in which the titles are borne. They are

esteemed by the faithful, but have small significance for those outside.

In Spain, on the other hand, the title of _conde_, the earlier history

of which follows much the same development as in France, is still of

much social value, mainly owing to the fact that the rule of

primogeniture exists, and that, a large fee being payable to the state

on succession to a title, it is necessarily associated with some degree

of wealth. The Spanish counts of old creation, some of whom are grandees

and members of the Upper House, naturally take the highest rank; but the

title, still bestowed for eminent public services or other reasons, is

of value. The title, like others in Spain, can pass through an heiress

to her husband. In Russia the title of count (_graf_, fem. _grafinya_),

a foreign importation, has little social prestige attached to it, being

given to officials of a certain rank. In the British empire the only

recognized counts are those of Malta, who are given precedence with

baronets of the United Kingdom.

See Selden, _Titles of Honor_ (London, 1672); Du Cange, _Glossarium

Med. Lat._ (ed. Niort, 1883) s.v. "Comes"; _La Grande Encyclopedie_,

s.v. "Comte"; A. Luchaire, _Manuel des institutions francaises_

(Paris, 1892); P. Guilhiermoz, _Essai sur l'origine de la noblesse en

France au moyen age_ (Paris, 1902); Brunner, _Deutsche

Rechtsgeschichte_, Band ii. (Leipzig, 1892).

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