Chapter IV: Front Matter (4)

In England a house of Courtenay has flourished with varying fortunes since the reign of the first Angevin king. The monks of Ford, to whom they were benefactors, complacently set down their patrons as the offspring of the royal Courtenays, of whose origin they had some dim knowledge, deriving them from "Florus," son of Louis the Fat. A comparison of dates destroys the story. But they were, doubtless, Courtenays of the stock of Athon. Josselin, the first count of Edessa, has been suggested by modern writers as their founder, but the name Reinaud, borne by the first known ancestor of the English house, suggests that they may have sprung from a younger son of Josselin I. of Courtenay by his marriage about 1095 with Ermengarde, daughter of Reinaud, count of Nevers. It is also notable that the English Courtenays have, from the first introduction of armorial bearings, borne with various differences the three red roundels in a golden field, the arms of the Courtenays in France, the shield of the earls of Devonshire being identical with that of the lords of La Ferte Loupiere.

Several Courtenays whose kinship cannot be exactly ascertained, appear in English records of the 12th century. One of them, Robert de Courtenay, married the daughter and heir of Reynold fitz Urse, the leader of the murderers of Archbishop Thomas Becket. His son, William, a Shropshire baron, held the castle of Montgomery, as heir by his mother of Baldwin de Buslers, or Bollers, to whom Henry I. had given it with his "niece" Sibil de Falaise. This William married Ada of Dunbar, daughter of Patrick, earl of Dunbar, but died in the reign of King John, without issue.

Reinaud de Courtenay, ancestor of the main English line, may well have been a brother of the Robert above named. The English pedigrees confuse him with his son of the same name. He was a favourite with Henry II., his attestations of charters showing him as a constant companion at home and abroad of the king, whom he followed to Wexford in the Irish expedition of 1172. Henry gave him Berkshire lands at Sutton, still known as Sutton Courtenay, by a charter to which the date of 1161 can be assigned. In England he had to wife Maude, daughter of Robert fitz Roy by Maude of Avranches, the elder Maude being the heir of the house of Brionne. By her, who survived him, dying before January 1224, he had no issue, but by a wife who may have died before his coming to England he had, with other issue, Robert and Reinaud. Robert, who succeeded to Sutton about 1192, was husband of Alice de Rumeli, widow of Gilbert Pipard, and one of the three sisters and co-heirs of William, the boy of Egremond, of whose drowning in the Strid Wordsworth has made a ballad. Robert died childless in 1209. Of his brother Reinaud or Reynold de Courtenay little is known, save that he was a married man in 1178 when he and his wife Hawise were given by the pope a licence to have a free chapel at Okehampton. This wife, Hawise de Ayencourt, was, with Maude his father's second wife, a daughter and co-heir of Maude of Avranches, her father being the lord of Ayencourt, first husband of the last named Maude. Her great inheritance included the honour of Okehampton in Devonshire of which, as a widow, she had livery about 1205. Her son, Robert de Courtenay, succeeded to her land in 1219, having been his uncle Robert's heir in Sutton ten years before. Like his father he advanced his house by a great marriage, his wife being Mary, the younger daughter of William de Vernon, earl of Devon and of the Isle of Wight. He was succeeded in 1242 by his son John, who by Isabel, a daughter of Hugh de Vere, earl of Oxford, has issue Hugh, whose wife was Eleanor, daughter of the earl of Winchester, elder of the two favourites of Edward II. The son of this marriage, another Hugh, followed his father at Okehampton in 1291. Two years later died Isabel, surviving sister and heir of Baldwin de Reviers, earl of Devon, and widow of William de Forz, last earl of Aumerle (Albemarle). On her death-bed she had granted her lordship of the Wight to the king, but her cousin Hugh de Courtenay succeeded her in the unalienated estates of the house of Reviers. He was summoned as a baron on the 6th of February 1298/9, and in 1300 he displayed his banner before the castle of Caerlaverock. Claiming the "third penny" of the county of Devon, he was refused by the exchequer as he did not claim in the name of an earl. Following, however, a writ of inquiry, a patent of the 22nd of February 1334/5 declared him earl of Devon and qualified to take such style as his ancestors, earls of Devon, were wont to take. Hugh, his son, the second earl, a warrior who drove the French back from their descent on Cornwall in 1339, made another of the brilliant marriages of this family, his wife being Eleanor, daughter of Humfrey de Bohun, earl of Hereford and Essex, by Elizabeth daughter of Edward I. Their eldest son, Sir Hugh de Courtenay, shared in the honours of Crecy and Calais, and was one of the knights founders of the order of the Garter, the stall-plate of his arms being yet in St George's chapel at Windsor. This knight died in the lifetime of the earl, as did his only son Hugh, summoned as a baron on the 3rd of January 1370/1, a companion at Najara of the Black Prince, whose step-daughter Maude of Holland he had married. The earl was therefore succeeded by his grandson Edward (son of Edward his third son), earl marshal of England in 1385, who died blind in 1419, the year after the death of Sir Edward his heir apparent, one of the conquerors at Agincourt. Hugh, a second son of Earl Edward, succeeded as fourth earl of the Courtenay line. By his wife, a sister of the renowned Talbot, earl of Shrewsbury, he had issue Thomas the fifth earl, a partisan of Henry VI., whose wife was Margaret Beaufort, daughter of John, earl of Somerset. The effigy of this grandaughter of John of Gaunt, with the shields of Courtenay and Beaufort above it, is in Colyton church. It is less than life size, a fact which has given rise to a village legend that it represents "Little choke-a-bone," an infant daughter of the tenth earl, who died "choked by a fish bone." In spite of the evidence of the shields and the 15th century dress of the effigy, the legend has now been strengthened by an inscription upon a brass plate, and in the year 1907 ignorance engaged a monumental sculptor to deface the effigy by giving its broken features the newly carved face of a young child. Both sons of this marriage fell in the Wars of the Roses, Thomas the sixth earl being taken at Towton by the Yorkists and beheaded at York in 1462, his younger brother Henry having the same fate at Salisbury in 1466.

The earldom being extinguished by attainder, Sir Humphrey Stafford was created earl of Devon in 1469, but in the same year, having retired with his men from the expedition against Robin of Redesdale, another earl of Devon suffered at the headsman's hands, his patent being afterwards annulled by a statute of Henry VII. On the restoration of Henry VI. John Courtenay, only surviving brother of Thomas and Henry, was restored to the earldom by the reversal of attainder. He, too, died in the Lancastrian cause, being killed on the 4th of May 1471 at Tewkesbury, where he led the rear of the host. The representation of the Reviers earls and of the Courtenay barony fell then to his sisters and their descendants. Beside him at Tewkesbury died his cousin Sir Hugh Courtenay of Boconnoc, son of Hugh, a younger brother of the blind earl, leaving a son Edward, who thus became the heir male of the house though not its heir general. Joining in the cause which had cost so many of his kinsmen their lives, he and his brother Walter shared the duke of Buckingham's rising. On its failure they fled into France to the earl of Richmond, beside whom Sir Edward fought at Bosworth. By a patent of the 26th of October 1485 he was created earl of Devon with remainder to the heirs male of his body, and by an act of 1485 he was restored to all honours lost in his attainder by the Yorkist parliament. He defended Exeter against Warbeck's rebels and was a knight of the Garter in 1489, dying twenty years later, when the earldom became again forfeit by his son's attainder. That son, William Courtenay, had drawn the jealousy of Henry VII. by a marriage with Catherine, sister of the queen and daughter of King Edward IV., the Yorkist sovereign whose hand had been so heavy on the Courtenays. After the queen's death, Henry sent his wife's brother-in-law to the Tower on a charge of corresponding with Edmund Pole, an attainder following. But on the accession of Henry VIII., the young king released his uncle, who although styled an earl was not fully restored in blood at his death in 1511. His son Henry Courtenay obtained from parliament in December 1512 a reversal of his father's attainder, thus succeeding to the earldom of his grandfather. At the Field of Cloth of Gold he ran a course with the king of France. He was knight of the Garter and on the 15th of June 1525 had a patent as marquess of Exeter. Profiting by the suppression of the monasteries he increased his estate, his power being all but supreme in the west country. But Cromwell was his enemy and the royal strain in his blood was a dangerous thing. Involved in correspondence with Cardinal Pole, he was sent to the Tower with his wife and his young son, and on the 9th of December 1538 he was beheaded as a traitor. The misfortunes of the house were heavy upon the son, who at twelve years old was a prisoner for the sake of his high descent. His honours had been forfeited, and release did not come until the accession of Queen Mary, who took him into favour. Noailles the ambassador found him _le plus beau et le plus agreable gentilhomme d'Angleterre_, and he had some hopes of becoming king consort. The queen created him earl of Devonshire by a patent of the 3rd of September 1553 and in the next month he was restored in blood. But, disappointed in his hopes, he formed some wild plans for marrying the Lady Elizabeth and making her queen. He could raise Devon and Cornwall. Wyat did raise Kent, but the plot was soon crushed. The earl was sent back to the Tower and thence to Fotheringhay. At Easter of 1555 he was released on parole and exiled, dying suddenly at Padua in 1556. His co-heirs were the descendants of the four sisters of Earl Edward (d. 1519), the wives of four Cornish squires, and with him was extinguished, to the belief of all men, the Courtenays' earldom of Devon. His heir male was Sir William Courtenay, his sixth cousin once removed, head of a knightly line of Courtenays whose seat was Powderham Castle, a line which, during the civil wars, stood for the White Rose. Sir William, who is said to have been killed at St Quintin in 1557, was succeeded by his son, another Sir William, one of the undertakers for the settling of Ireland, where the family obtained great estates. William Courtenay of Powderham, of whose marriage with the daughter of Sir William Waller (the parliament's general) it is remarked that the years of bride and bridegroom added together were less than thirty when their first child was born, was created a baronet by writ of privy seal in February 1644, the patent being never enrolled. His great grandson, Sir William Courtenay, many years a member of parliament, was on the 6th of May 1762, ten days before his death, created Viscount Courtenay of Powderham Castle.

Since the death at Padua in 1556 of Edward, earl of Devon, that ancient title had been twice revived. Charles Blount, Lord Mountjoy, who was created earl of Devon in 1603, died without lawful issue in 1606. In 1618 Sir William Cavendish, son of the famous Bess of Hardwick, was given the same title, which is still among the peerage honours of the ducal house descending from him. For the Courtenays, who had without protest accepted a baronetcy and a viscounty, their earldom was dead. In the reign of William IV., the third and last Viscount Courtenay was living unmarried in Paris, an exile who for sufficient reasons was keeping out of the reach of the English criminal law. In the name of this man, his presumptive heir male, William Courtenay, clerk assistant of the parliament, succeeded in persuading the House of Lords that the Courtenay earldom under the patent of 1553 was still in existence, the plea being that the terms of the remainder--to him and his heirs male for ever--did not limit the succession to heirs male of the body of the grantee. Five other cases wherein the words _de corpore suo_ had been omitted from the patent are known to peerage lawyers. In no case had a peerage before been claimed by collateral heirs male. "I have often rallied Brougham," writes Lord Campbell, "upon his creating William Courtenay earl of Devon. He says he consulted Chief Justice Tenterden. But Tenterden knew nothing of peerage law." After the death of the exile in 1835 the clerk of the parliament succeeded him as an earl by force of the House of Lords decision of the 15th of March 1831. His second son, the Rev. Henry Hugh Courtenay (1811-1904), succeeded, as 13th earl, a nephew whose extravagance had impoverished the estates. He in turn was followed, as 14th earl, by his grandson Charles Pepys Courtenay (b. 1870).

No other recognized branch of this house, once so widely spread in the western counties, is now among the landed houses of England. Among its cadets were many famous warriors, but three prelates must be reckoned as the most eminent of the Courtenays. William, a younger son of the match of Courtenay and Bohun, was bishop of Hereford in 1370, bishop of London in 1375 and archbishop of Canterbury in 1381. Proceeding against Wycliffe he opposed John of Gaunt, who, taunting him with his trust in his great kinsfolk, threatened to drag him out of St Paul's by his hair, a threat which roused the angry Londoners in his defence. He died in 1396 and lies buried at the feet of the Black Prince in his cathedral of Canterbury. By his will he left his best mitre to his nephew Richard Courtenay--son and pupil, as he styles him--against the time he should be a bishop. This Richard, a friend of Henry V. when prince, and treasurer of his household, was bishop of Norwich in 1413. Twice chancellor of Oxford, he repelled Archbishop Arundel and all his train when that primate would have had a visitation of the university, although the claim of the university to independence was at last broken down. Tall of stature, eloquent and learned, he kept the favour of the king, who was with him when he died of dysentery in the host before Harfleur. Heir of this bishop was his nephew Sir Philip of Powderham, whose younger son Peter Courtenay was the third of the Courtenay prelates, being bishop of Exeter from 1478 to 1487, when he was translated to Winchester. Although of the Yorkist Courtenays, he was of Buckingham's party and, being attainted by Richard III. for joining with certain of his kinsfolk in an attempt to raise the west, he escaped to Brittany, whence he returned with the first Tudor sovereign, who had him in high favour. A fourth prelate of this family was Henry Reginald Courtenay, who was bishop of Bristol 1794-1797 and bishop of Exeter from 1797 to his death in 1803.

See charter, patent, close, fine and plea rolls, inquests _post
mortem_ and other records. G. E. C.'s _Complete Peerage_; _Dictionary
of National Biography_; _Notes and Queries_, series viii. vol. 7; J.
H. Round's _Peerage Studies_; _Calendars of State Papers_; Machyn's
_Diary_ (Camden Society); Chronicles of Capgrave, Wavrin, Adam of Usk,
&c. (O. BA.)

COURTENAY, RICHARD (d. 1415), English prelate, was a son of Sir Philip Courtenay of Powderham Castle, near Exeter, and a grandson of Hugh Courtenay, earl of Devon (d. 1377). He was a nephew of William Courtenay, archbishop of Canterbury, and a descendant of Edward I. Educated at Exeter College, Oxford, he entered the church, where his advance was rapid. He held several prebends, was dean of St Asaph and then dean of Wells, and became bishop of Norwich in 1413. As chancellor of the university of Oxford, an office to which he was elected in 1407 and again in 1410, Courtenay asserted the independence of the university against Thomas Arundel, archbishop of Canterbury, in 1411; but the archbishop, supported by Henry IV. and Pope John XXIII, eventually triumphed. Courtenay was a personal friend of Henry V. both before and after he came to the throne; and in 1413, immediately after Henry's accession, he was made treasurer of the royal household. On two occasions he went on diplomatic errands to France, and he was also employed by Henry on public business at home. Having accompanied the king to Harfleur in August 1415, Courtenay was attacked by dysentery and died on the 15th of September 1415, his body being buried in Westminster Abbey.

Another member of this family, PETER COURTENAY (d. 1492), a grandnephew of Richard, also attained high position in the English Church. Educated at Exeter College, Oxford, Peter became dean of Windsor, then dean of Exeter; in 1478 bishop of Exeter; and in 1487 bishop of Winchester in succession to William of Waynflete. With Henry Stafford, duke of Buckingham, and others he attempted to raise a rebellion against Richard III. in 1483, and fled to Brittany when this enterprise failed. Courtenay was restored to his dignities and estates in 1485 by Henry VII., whom he had accompanied to England, and he died on the 23rd of September 1492.

See J. H. Wylie, _History of England under Henry IV_. (London,
1884-1898).

COURTENAY, WILLIAM (c. 1342-1396), English prelate, was a younger son of Hugh Courtenay, earl of Devon (d. 1377), and through his mother Margaret, daughter of Humphrey Bohun, earl of Hereford, was a great-grandson of Edward I. Being a native of the west of England he was educated at Stapledon Hall, Oxford, and after graduating in law was chosen chancellor of the university in 1367. Courtenay's ecclesiastical and political career began about the same time. Having been made prebendary of Exeter, of Wells and of York, he was consecrated bishop of Hereford in 1370, was translated to the see of London in 1375, and became archbishop of Canterbury in 1381, succeeding Simon of Sudbury in both these latter positions. As a politician the period of his activity coincides with the years of Edward III.'s dotage, and with practically the whole of Richard II.'s reign. From the first he ranged himself among the opponents of John of Gaunt, duke of Lancaster; he was a firm upholder of the rights of the English Church, and was always eager to root out Lollardry. In 1373 he declared in convocation that he would not contribute to a subsidy until the evils from which the church suffered were removed; in 1375 he incurred the displeasure of the king by publishing a papal bull against the Florentines; and in 1377 his decided action during the quarrel between John of Gaunt and William of Wykeham ended in a temporary triumph for the bishop. Wycliffe was another cause of difference between Lancaster and Courtenay. In 1377 the reformer appeared before Archbishop Sudbury and Courtenay, when an altercation between the duke and the bishop led to the dispersal of the court, and during the ensuing riot Lancaster probably owed his safety to the good offices of his foe. Having meanwhile become archbishop of Canterbury Courtenay summoned a council, or synod, in London, which condemned the opinions of Wycliffe; he then attacked the Lollards at Oxford, and urged the bishops to imprison heretics. He was for a short time chancellor of England during 1381, and in January 1382 he officiated at the marriage of Richard II. with Anne of Bohemia, afterwards crowning the queen. In 1382 the archbishop's visitation led to disputes with the bishops of Exeter and Salisbury, and Courtenay was only partially able to enforce the payment of a special tax to meet his expenses on this occasion. During his concluding years the archbishop appears to have upheld the papal authority in England, although not to the injury of the English Church. He protested against the confirmation of the statute of provisors in 1390, and he was successful in slightly modifying the statute of praemunire in 1393. Disliking the extravagance of Richard II. he publicly reproved the king, and after an angry scene the royal threats drove him for a time into Devonshire. In 1386 he was one of the commissioners appointed to reform the kingdom and the royal household, and in 1387 he arranged a peace between Richard and his enemies under Thomas of Woodstock, duke of Gloucester. Courtenay died at Maidstone on the 31st of July 1396, and was buried in Canterbury cathedral.

See W. F. Hook, _Lives of the Archbishops of Canterbury_, vol. iv.
(London, 1860-1876); and W. Stubbs, _Constitutional History_, vols.
ii. and iii. (Oxford, 1895-1896).

COURTESY (O. Fr. _curtesie_, later _courtoisie_), manners or behaviour that suit a court, politeness, due consideration for others. A special application of the word is in the expression "by courtesy," where something is granted out of favour and not of right, hence "courtesy" titles, i.e. those titles of rank which are given by custom to the eldest sons of dukes, marquesses and earls, usually the second title held by the father; to the younger sons and to the daughters of dukes and marquesses, viz. the prefix "lord" and "lady" with the Christian and surname. For "tenure by the courtesy" see CURTESY. Another form of the word, "curtsey" or "curtsy," was early confined to the expression of courtesy or respect by a gesture or bow, now only of the reverence made by a woman, consisting in a bending of the knees accompanied by a lowering of the body.

COURTHOPE, WILLIAM JOHN (1842- ), English writer and historian of poetry, whose father was rector of South Malling, Essex, was born on the 17th of July 1842. From Harrow school he went to New College, Oxford; took first-classes in classical "moderations" and "greats"; and won the Newdigate prize for poetry (1864) and the Chancellor's English essay (1868). He seemed destined for distinction as a poet, his volume of _Ludibria Lunae_ (1869) being followed in 1870 by the remarkably fine _Paradise of Birds_. But a certain academic quality of mind seemed to check his output in verse and divert it into the field of criticism. Apart from many contributions to the higher journalism, his literary career is associated mainly with his continuation of the edition of Pope's works, begun by Whitwell Elwin (1816-1900), which appeared in ten volumes from 1871-1889; his life of Addison (Men of Letters series, 1882); his _Liberal Movement in English Literature_ (1885); and his tenure of the professorship of Poetry at Oxford (1895-1901), which resulted in his elaborate _History of English Poetry_ (the first volume appearing in 1895), and his _Life in Poetry_ (1901). He deals with the history of English poetry as a whole, and in its unity as a result of the national spirit and thought in succeeding ages, and attempts to bring the great poets into relation with this. In 1887 he was appointed a civil service commissioner, being first commissioner in 1892, and being made a C.B. He was made an honorary fellow of his old college at Oxford in 1896, and was given the honorary degrees of D.Litt. by Durham in 1895 and of LL.D. by Edinburgh University in 1898.

COURT LEET, an English petty criminal court for the punishment of small offences. It has been usual to make a distinction between court baron and court leet[1] as being separate courts, but in the early history of the court leet no such distinction can be drawn. At a very early time the lords of manors exercised or claimed certain jurisdictional franchises. Of these the most important was the "view of frankpledge" and its attendant police jurisdiction. Some time in the later middle ages the court baron when exercising these powers gained the name of _leet_, and, later, of "court leet." The _quo warranto_ proceedings of Edward I. established a sharp distinction between the court baron, exercising strictly manorial rights, and the court leet, depending for its jurisdiction upon royal franchise. The court leet was a court of record, and its duty was not only to view the pledges but to present by jury all crimes that might happen within the jurisdiction, and punish the same. The steward of the court acted as judge, presiding wholly in a judicial character, the ministerial acts being executed by the bailiff. The court leet began to decline in the 14th century, being superseded by the more modern courts of the justices, but in many cases courts leet were kept up until nearly the middle of the 19th century. Indeed, it cannot be said that they are now actually extinct, as many still survive for formal purposes, and by s. 40 of the Sheriffs Act 1887 they are expressly kept up.

FOOTNOTE:

[1] The history of the word "leet" is very obscure. It appears in
Anglo-French documents as _lete_ and in Anglo-Latin as _leta_.
Professor W. W. Skeat has connected it with Old English _laetan_, to
let, which is very doubtful, though this is the origin of the use of
the word in such expressions as "two-" "three-way leet," a place
where cross-roads meet. The _New English Dictionary_ suggests a
connexion with "lathe," a term which survives as a division of the
county of Kent, containing several "hundreds." This is of Old
Norwegian origin, and seems to have meant "landed possessions." There
is also another Old Norwegian _leith_, a court or judicial assembly,
and modern Danish has _laegd_, a division of the country for military
purposes. J. H. Round (_Feudal England_, p. 101) points out that the
Suffolk hundred was divided for assessment into equal blocks called
"leets" (see further F. W. Maitland, _Select Pleas in Manorial
Courts_, Selden Soc. Publications I. lxxiii-lxxvi). "Leet" is also
used, chiefly in Scotland, for a list of persons nominated for
election to an office. This is, apparently, a shortened form of the
French _elite_, elected.

COURT-MARTIAL, a court for the trial of offences against military or naval discipline, or for the administration of martial law. In England courts-martial have inherited part of the jurisdiction of the old _Curia militaris_, or court of the chivalry, in which a single marshal and at one time the high constable proceeded "according to the customs and usages of that court, and, in cases omitted according to the civil law, _secundum legem armorum_" (Coke, 4 _Ins._ 17). The modern form of the courts was adopted by ordinance in the time of Charles I., when English soldiers were studying the "articles and military laws" of Gustavus Adolphus and the Dutch military code of Arnheim; it is first recognized by statute in the first Mutiny Act of 1689. The Mutiny Act (with various extensions and amendments) and the statutory articles of war continued to be the sources of military law which courts-martial administered until 1879, when they were codified in the Army Discipline and Regulation Act 1879, which was, in turn, superseded by the Army Act 1881. This act is re-enacted annually by the Army (Annual) Act. The constitution of courts-martial, their procedure, &c., are dealt with under MILITARY LAW.

_Naval Courts-Martial._--The administration of the barbarous naval law of England was long entrusted to the discretion of commanders acting under instructions from the lord high admiral, who was supreme over both the royal and merchant navy. It was the leaders of the Long Parliament who first secured something like a regular tribunal by passing in 1645 an ordinance and articles concerning martial law for the government of the navy. Under this ordinance Blake, Monk and Penn issued instructions for the holding general and ship courts-martial with written records, the one for captains and commanders, the other for subordinate officers and men. Of the latter the mate, gunner and boatswain were members, but the admirals reserved a control over the more serious sentences. Under an act of 1661 the high admiral again received power to issue commissions for holding courts-martial--a power which continues to be exercised by the board of admiralty. During the 18th century, under the auspices of Anson, the jurisdiction was greatly extended, and the Consolidation Act of 1749 was passed in which the penalty of death occurs as frequently as the curses in the commination service. The Naval Articles of War have always been statutory, and the whole system may now be said to rest on the Naval Discipline Act 1866, as amended by the act of 1884. The navy has its courts of inquiry for the confidential investigation of charges "derogatory to the character of an officer and a gentleman." Under the act of 1866 a court-martial must consist of from five to nine officers of a certain rank, and must be held publicly on board of one of H.M. ships of war, and where at least two such ships are together. The rank of the president depends on that of the prisoner. A judge-advocate attends, and the procedure resembles that in military courts, except that the prisoner is not asked to plead, and the sentence, if not one of death, does not require the confirmation of the commander-in-chief abroad or of the admiralty at home. The court has a large and useful power of finding the prisoner guilty of a less serious offence than that charged, which might well be imitated in the ordinary criminal courts. The death sentence is always carried out by hanging at the yard-arm; Admiral Byng, however, was shot in 1757. The board of admiralty have, under the Naval Discipline Acts, a general power of suspending, annulling, and modifying sentences which are not capital. The jurisdiction extends to all persons belonging to the navy, to land forces and other passengers on board, shipwrecked crews, spies, persons borne on the books of H.M. ships in commission, and civilians on board who endeavour to seduce others from allegiance. The definition of the jurisdiction by locality includes harbours, havens or creeks, lakes or rivers, in or out of the United Kingdom; all places within the jurisdiction of the admiralty; all places on shore out of the United Kingdom; the dockyards, barracks, hospitals, &c., of the service wherever situated; all places on shore in or out of the United Kingdom for all offences punishable under the Articles of War except those specified in section 38 of the Naval Discipline Act 1860, which are punishable by ordinary law. The Royal Marines, while borne on the books of H.M. ships, are subject to the Naval Discipline Acts, and, by an order in council, 1882, when they are embarked on board ship for service on shore; otherwise they are under the Army Acts. By s. 179, sub.-sec. 7, of the Army Act, in the application of the act to the Royal Marines the admiralty is substituted for military authorities.

AUTHORITIES.--Simmons, _On the Constitution and Practice of
Courts-Martial_; Clode, _Military and Martial Law_; Stephens, Gifford
and Smith, _Manual of Naval Law and Court-Martial Procedure_. The
earlier writers on courts-martial are Adye (1796), M'Arthur (1813),
Maltby (1813, Boston), James (1820), D'Aguilar (1843), and Hough,
_Precedents in Military Law_ (1855).

COURTNEY, LEONARD HENRY COURTNEY, BARON (1832- ), English politician and man of letters, eldest son of J. S. Courtney, a banker, was born at Penzance on the 6th of July 1832. At Cambridge, Leonard Courtney was second wrangler and first Smith's prizeman, and was elected a fellow of his college, St John's. He was called to the bar at Lincoln's Inn in 1858, was professor of political economy at University College from 1872 to 1875, and in December 1876, after a previous unsuccessful attempt, was elected to parliament for Liskeard in the Liberal interest. He continued to represent the borough, and the district into which it was merged by the Reform Act of 1885, until 1900, when his attitude towards the South African War--he was one of the foremost of the so-called "Pro-Boer" party--compelled his retirement. Until 1885 he was a devoted adherent of Mr Gladstone, particularly in finance and foreign affairs. In 1880 he was under-secretary of state for the home department, in 1881 for the colonies, and in 1882 secretary to the treasury; but he was always a stubborn fighter for principle, and upon finding that the government's Reform Bill in 1884 contained no recognition of the scheme for proportional representation, to which he was deeply committed, he resigned office. He refused to support Mr Gladstone's Home Rule Bill in 1885, and was one of those who chiefly contributed to its rejection, and whose reputation for unbending integrity and intellectual eminence gave solidity to the Liberal Unionist party. In 1886 he was elected chairman of committees in the House of Commons, and his efficiency in this office seemed to mark him out for the speakership in 1895. A Liberal Unionist, however, could only be elected by Conservative votes, and he had made himself objectionable to a large section of the party by his independent attitude on various questions, on which his Liberalism outweighed his party loyalty. He would in any case have been incapacitated by an affection of the eyesight, which for a while threatened to withdraw him from public life altogether. After 1895 Mr Courtney's divergences from the Unionist party on questions other than Irish politics became gradually more marked. He became known in the House of Commons principally for his candid criticism of the measures introduced by his nominal leaders, and he was rather to be ranked among the Opposition than as a Ministerialist; and when the crisis with the Transvaal came in 1899, Mr Courtney's views, which remained substantially what they were when he supported the settlement after Majuba in 1881, had plainly become incompatible with his position even as a nominal follower of Lord Salisbury and Mr Chamberlain. He gradually reverted to formal membership of the Liberal party, and in January 1906 unsuccessfully contested a division of Edinburgh as a supporter of Sir Henry Campbell-Bannerman at the general election. Among the birthday honours of 1906 he was elevated to the peerage as Baron Courtney of Penwith (Cornwall). Lord Courtney, who in 1883 married Miss Catherine Potter (an elder sister of Mrs Sidney Webb), was a prominent supporter of the women's movement. In earlier years he was a regular contributor to _The Times_, and he wrote numerous essays in the principal reviews on political and economic subjects. In 1901 he published a book on _The Working Constitution of the United Kingdom_.

Two of his brothers, John Mortimer Courtney (b. 1838), and William Prideaux Courtney (b. 1845), also attained public distinction, the former in the government service in Canada (from 1869, retiring in 1906), rising to be deputy-minister of finance, and the latter in the British civil service (1865-1892), and as a prominent man of letters and bibliographer.

COURTOIS, JACQUES (1621-1676) and GUILLAUME (1628-1679). The two French painters who bore these names are also called by the Italian equivalents Giacomo (or Jacopo) Cortese and Guglielmo Cortese. Each of the brothers is likewise named, from his native province, Le Bourguignon, or Il Borgognone.

Jacques Courtois was born at St Hippolyte, near Besancon, in 1621. His father was a painter, and with him Jacques remained studying up to the age of fifteen. Towards 1637 he came to Italy, was hospitably received at Milan by a Burgundian gentleman, and entered, and for three years remained in, the French military service. The sight of some battle-pictures revived his taste for fine art. He went to Bologna, and studied under the friendly tutelage of Guido; thence he proceeded to Rome, where he painted, in the Cistercian monastery, the "Miracle of the Loaves." Here he took a house and after a while entered upon his own characteristic style of art, that of battle-painting, in which he has been accounted to excel all other old masters; his merits were cordially recognized by the celebrated Cerquozzi, named Michelangelo delle Battaglie. He soon rose from penury to ease, and married a painter's beautiful daughter, Maria Vagini; she died after seven years of wedded life. Prince Matthias of Tuscany employed Courtois on some striking works in his villa, Lappeggio, representing with much historical accuracy the prince's military exploits. In Venice also the artist executed for the senator Sagredo some remarkable battle-pieces. In Florence he entered the Society of Jesus, taking the habit in Rome in 1655; it was calumniously rumoured that he adopted this course in order to escape punishment for having poisoned his wife. As a Jesuit father, Courtois painted many works in churches and monasteries of the society. He lived piously in Rome, and died there of apoplexy on the 20th of May 1676 (some accounts say 1670 or 1671). His battle-pieces have movement and fire, warm colouring (now too often blackened), and great command of the brush,--those of moderate dimensions are the more esteemed. They are slight in execution, and tell out best from a distance. Courtois etched with skill twelve battle-subjects of his own composition. The Dantzig painter named in Italy Pandolfo Reschi was his pupil.

Guillaume Courtois, born likewise at St Hippolyte, came to Italy with his brother. He went at once to Rome, and entered the school of Pietro da Cortona. He studied also the Bolognese painters and Giovanni Barbieri, and formed for himself a style with very little express mannerism, partly resembling that of Maratta. He painted the "Battle of Joshua" in the Quirinal Gallery, the "Crucifixion of St Andrew" in the church of that saint on Monte Cavallo, various works for the Jesuits, some also in co-operation with his brother. His last production was Christ admonishing Martha. His draughtsmanship is better than that of Jacques, whom he did not, however, rival in spirit, colour or composition. He also executed some etchings. Guillaume Courtois died of gout on the 15th of June 1679.

COURTRAI (Flemish, _Kortryk_), an important and once famous town of West Flanders, Belgium, situated on the Lys. Pop. (1904) 34,564. It is now best known for its fine linen, which ranks with that of Larne. The lace factories are also important and employ 5000 hands. But considerable as is the prosperity of modern Courtrai it is but a shadow of what it was in the middle ages during the halcyon period of the Flemish communes. Then Courtrai had a population of 200,000, now it is little over a sixth of that number. On the 11th of July 1302 the great battle of Courtrai (see INFANTRY) was fought outside its walls, when the French army, under the count of Artois, was vanquished by the allied burghers of Bruges, Ypres and Courtrai with tremendous loss. As many as 700 pairs of golden spurs were collected on the field from the bodies of French knights and hung up as an offering in an abbey church of the town, which has long disappeared. There are still, however, some interesting remains of Courtrai's former grandeur. Perhaps the Pont de Broel, with its towers at either end of the bridge, is as characteristic and complete as any monument of ancient Flanders that has come down to modern times. The hotel de ville, which dated from the earlier half of the 16th century, was restored in 1846, and since then statues have also been added to represent those that formerly ornamented the facade. Two richly and elaborately carved chimney-pieces in the hotel de ville merit special notice. The one in the council chamber upstairs dates from 1527 and gives an allegorical representation of the Virtues and the Vices. The other, three-quarters of a century later, contains an heraldic representation of the noble families of the town. The church of St Martin dates from the 15th century, but was practically destroyed in 1862 by a fire caused by lightning. It has been restored. The most important building at Courtrai is the church of Notre Dame, which was begun by Count Baldwin IX. in 1191 and finished in 1211. The portal and the choir were reconstructed in the 18th century. In the chapel behind the choir is hung one of Van Dyck's masterpieces, "The Erection of the Cross." The chapel of the counts attached to the church dates from 1373, and contained mural paintings of the counts and countesses of Flanders down to the merging of the title in the house of Burgundy. Most if not all of these had become obliterated, but they have now been carefully restored. With questionable judgment portraits have been added of the subsequent holders of the title down to the emperor Francis II. (I. of Austria), the last representative of the houses of Flanders and Burgundy to rule in the Netherlands. Courtrai celebrated the 600th anniversary of the battle mentioned above by erecting a monument on the field in 1902, and also by fetes and historical processions that continued for a fortnight.

Courtrai, the _Cortracum_ of the Romans, ranked as a town from the 7th century onwards. It was destroyed by the Normans, but was rebuilt in the 10th century by Baldwin III. of Flanders, who endowed it with market rights and laid the foundation of its industrial importance by inviting the settlement of foreign weavers. The town was once more burnt, in 1382, by the French after the battle of Roosebeke, but was rebuilt in 1385 by Philip the Bold, duke of Burgundy.

COURVOISIER, JEAN JOSEPH ANTOINE (1775-1835), French magistrate and politician, was born at Besancon on the 30th of November 1775. During the revolutionary period he left the country and served in the army of the _emigres_ and later in that of Austria. In 1801, under the Consulate, he returned to France and established himself as an advocate at Besancon, being appointed _conseiller-auditeur_ to the court of appeal there in 1808. At the Restoration he was made advocate-general by Louis XVIII., resigned and left France during the Hundred Days, and was reappointed after the second Restoration in 1815. In 1817, after the modification of the constitution by the _ordonnance_ of the 5th of September, he was returned to the chamber of deputies, where he attached himself to the left centre and supported the moderate policy of Richelieu and Decazes. He was an eloquent speaker, and master of many subjects; and his proved royalism made it impossible for the ultra-Royalists to discredit him, much as they resented his consistent opposition to their short-sighted violence. After the revolt at Lyons in 1817 he was nominated _procureur-general_ of the city, and by his sense and moderation did much to restore order and confidence. He was again a member of the chamber from 1819 to 1824, and vigorously opposed the exceptional legislation which the second administration of Richelieu passed under the influence of the ultra-Royalists. In 1824 he failed to secure re-election, and occupied himself with his judicial duties until his nomination as councillor of state in 1827. On the 8th of August 1829 he accepted the offer of the portfolio of justice in the Polignac ministry, but resigned on the 19th of May 1830, when he realized that the government intended to abrogate the Charter and the inevitable revolution that would follow. During the trial of the ex-ministers, in December, he was summoned as a witness, and paid a tribute to the character of his former colleagues which, under the circumstances, argued no little courage. He refused to take office under Louis Philippe, and retired into private life, dying on the 18th of September 1835.

COUSCOUS, or KOUS-KOUS (an Arabic word derived from _kaskasa_, to pound), a dish common among the inhabitants of North Africa, made of flour rubbed together and steamed over a stew of mutton, fowl, &c., with which it is eaten.

COUSIN, JEAN (1500-1590), French painter, was born at Soucy, near Sens, and began as a glass-painter, his windows in the Sainte Chapelle at Vincennes being considered the finest in France. As a painter of subject pictures he is ranked as the founder of the French school, as having first departed from the practice of portraits. His "Last Judgment," influenced by Parmigiano, is in the Louvre, and a "Descent from the Cross" (1523) in the museum at Mainz is attributed to him. He was known also as a sculptor, and an engraver, both in etching and on wood, his wood-cuts for Jean le Clerc's Bible (1596) and other books being his best-known work. He also wrote a _Livre de perspective_ (1560), and a _Livre de portraiture_ (1571).

See Ambroise Firmin-Didot, _Etude sur J. Cousin_ (1872), and _Recueil
des oeuvres choisies de J. Cousin_ (1873).

COUSIN, VICTOR (1792-1867), French philosopher, the son of a watchmaker, was born in Paris, in the Quartier St Antoine, on the 28th of November 1792. At the age of ten he was sent to the grammar school of the Quartier St Antoine, the Lycee Charlemagne. Here he studied until he was eighteen. The lycee had a connexion with the university, and when Cousin left the secondary school he was "crowned" in the ancient hall of the Sorbonne for the Latin oration delivered by him there, in the general concourse of his school competitors. The classical training of the lycee strongly disposed him to literature. He was already known among his compeers for his knowledge of Greek. From the lycee he passed to the Normal School of Paris, where Laromiguiere was then lecturing on philosophy. In the second preface to the _Fragmens philosophiques_, in which he candidly states the varied philosophical influences of his life, Cousin speaks of the grateful emotion excited by the memory of the day in 1811, when he heard Laromiguiere for the first time. "That day decided my whole life. Laromiguiere taught the philosophy of Locke and Condillac, happily modified on some points, with a clearness and grace which in appearance at least removed difficulties, and with a charm of spiritual _bonhomie_ which penetrated and subdued." Cousin was set forthwith to lecture on philosophy, and he speedily obtained the position of master of conferences (_maitre de conferences_) in the school. The second great philosophical impulse of his life was the teaching of Royer-Collard. This teacher, as he tells us, "by the severity of his logic, the gravity and weight of his words, turned me by degrees, and not without resistance, from the beaten path of Condillac into the way which has since become so easy, but which was then painful and unfrequented, that of the Scottish philosophy." In 1815-1816 Cousin attained the position of _suppleant_ (assistant) to Royer-Collard in the history of modern philosophy chair of the faculty of letters. There was still another thinker who influenced him at this early period,--Maine de Biran, whom Cousin regarded as the unequalled psychological observer of his time in France.

These men strongly influenced both the method and the matter of Cousin's philosophical thought. To Laromiguiere he attributes the lesson of decomposing thought, even though the reduction of it to sensation was inadequate. Royer-Collard taught him that even sensation is subject to certain internal laws and principles which it does not itself explain, which are superior to analysis and the natural patrimony of the mind. De Biran made a special study of the phenomena of the will. He taught him to distinguish in all cognitions, and especially in the simplest facts of consciousness, the fact of voluntary activity, that activity in which our personality is truly revealed. It was through this "triple discipline," as he calls it, that Cousin's philosophical thought was first developed, and that in 1815 he entered on the public teaching of philosophy in the Normal School and in the faculty of letters.[1] He then took up the study of German, worked at Kant and Jacobi, and sought to master the _Philosophy of Nature_ of Schelling, by which he was at first greatly attracted. The influence of Schelling may be observed very markedly in the earlier form of his philosophy. He sympathized with the principle of faith of Jacobi, but regarded it as arbitrary so long as it was not recognized as grounded in reason. In 1817 he went to Germany, and met Hegel at Heidelberg. In this year appeared Hegel's _Encyclopadie der philosophischen Wissenschaften_, of which Cousin had one of the earliest copies. He thought Hegel not particularly amiable, but the two became friends. The following year Cousin went to Munich, where he met Schelling for the first time, and spent a month with him and Jacobi, obtaining a deeper insight into the _Philosophy of Nature_.

Political troubles.

Fragmens philosophiques.

The political troubles of France interfered for a time with his career. In the events of 1814-1815 he took the royalist side. He at first adopted the views of the party known as _doctrinaire_, of which Royer-Collard was the philosophical chief. He seems then to have gone farther than his party, and even to have approached the extreme Left. Then came a reaction against liberalism, and in 1821-1822 Cousin was deprived of his offices alike in the faculty of letters and in the Normal School. The Normal School itself was swept away, and Cousin shared at the hands of a narrow and illiberal government the fate of Guizot, who was ejected from the chair of history. This enforced abandonment of public teaching was not wholly an evil. He set out for Germany with a view to further philosophical study. While at Berlin in 1824-1825 he was thrown into prison, either on some ill-defined political charge at the instance of the French police, or on account of certain incautious expressions which he had let fall in conversation. Liberated after six months, he continued under the suspicion of the French government for three years. It was during this period, however, that he thought out and developed what is distinctive in his philosophical doctrine. His eclecticism, his ontology and his philosophy of history were declared in principle and in most of their salient details in the _Fragmens philosophiques_ (Paris, 1826). The preface to the second edition (1833) and the _Avertissement_ to the third (1838) aimed at a vindication of his principles against contemporary criticism. Even the best of his later books, the _Philosophie ecossaise_ (4th ed., 1863), the _Du vrai, du beau, et du bien_ (12th ed., 1872; Eng. trans., 3rd ed., Edinburgh, 1854), and the _Philosophie de Locke_ (4th ed., 1861) were simply matured revisions of his lectures during the period from 1815 to 1820. The lectures on Locke were first sketched in 1819, and fully developed in the course of 1829.

During the seven years of enforced abandonment of teaching he produced, besides the _Fragmens_, the edition of the works of Proclus (6 vols., 1820-1827), and the works of Descartes (11 vols., 1826). He also commenced his _Translation of Plato_ (13 vols.), which occupied his leisure time from 1825 to 1840.

We see in the _Fragmens_ very distinctly the fusion of the different philosophical influences by which his opinions were finally matured. For Cousin was as eclectic in thought and habit of mind as he was in philosophical principle and system. It is with the publication of the _Fragmens_ of 1826 that the first great widening of his reputation is associated. In 1827 followed the _Cours de l'histoire de la philosophie_.

Career as a lecturer.

In 1828 M. de Vatimesnil, minister of public instruction in Martignac's ministry, recalled Cousin and Guizot to their professorial positions in the university. The three years which followed were the period of Cousin's greatest triumph as a lecturer. His return to the chair was the symbol of the triumph of constitutional ideas and was greeted with enthusiasm. The hall of the Sorbonne was crowded as the hall of no philosophical teacher in Paris had been since the days of Abelard. The lecturer had a singular power of identifying himself for the time with the system which he expounded and the historical character he portrayed. Clear and comprehensive in the grasp of the general outlines of his subject, he was methodical and vivid in the representation of details. In exposition he had the rare art of unfolding and aggrandizing. There was a rich, deep-toned, resonant eloquence mingled with the speculative exposition; his style of expression was clear, elegant and forcible, abounding in happy turns and striking antitheses. To this was joined a singular power of rhetorical climax. His philosophy exhibited in a striking manner the generalizing tendency of the French intellect, and its logical need of grouping details round central principles.