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# Cawood Patent/Dissent Field

* Court Documents
* Case Syllabus
* Opinion of the Court
* Dissenting Opinion Johnson Field
United States Supreme Court
94 U.S. 695
Cawood Patent
MR. JUSTICE FIELD, with whom concurred MR. JUSTICE SWAYNE, dissenting.
I dissent from so much of the opinion and judgment in these cases as approves the estimate of damages made by the court below.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# British War Production

This is a book published in the series History of the United Kingdom in the Second World War and appeared in 1952.

## Table of Contents

* Preface
* Chapter I
* Chapter II
* Chapter III
* Chapter IV
* Chapter V
* Chapter VI
* Chapter VII
* Chapter VIII
* Chapter IX
* Appendix 1
* Appendix 2
* Appendix 3
* Appendix 4
* Appendix 5
* Appendix 6
This work is in the public domain worldwide because it was created by a public body of the United Kingdom with Crown Status and commercially published before 1974.
See Crown copyright artistic works, Crown copyright non-artistic works and List of Public Bodies with Crown Status.
Public domainPublic domainfalsefalse
# Catholic Encyclopedia (1913)/Ex Cathedra

From volume 5 of the work.
Ex Cathedra, literally "from the chair", a theological term which signifies authoritative teaching and is more particularly applied to the definitions given by the Roman pontiff. Originally the name of the seat occupied by a professor or a bishop, cathedra was used later on to denote the magisterium, or teaching authority. The phrase ex cathedra occurs in the writings of the medieval theologians, and more frequently in the discussions which arose after the Reformation in regard to the papal prerogatives. But its present meaning was formally determined by the Vatican Council, Sess. IV, Const. de Ecclesia Christi, c. iv: "We teach and define that it is a dogma Divinely revealed that the Roman pontiff when he speaks ex cathedra, that is when in discharge of the office of pastor and doctor of all Christians, by virtue of his supreme Apostolic authority, he defines a doctrine regarding faith or morals to be held by the universal Church, by the Divine assistance promised to him in Blessed Peter, is possessed of that infallibility with which the Divine Redeemer willed that His Church should be endowed in defining doctrine regarding faith or morals, and that therefore such definitions of the Roman pontiff are of themselves and not from the consent of the Church irreformable." (See Infallibility; Pope.)
E. A. Pace
# Catholic Encyclopedia (1913)/Thebes (1)

From volume 14 of the work.
(THEBAE)
A metropolitan titular see of Achaia Secunda. The city was founded by the Phoenician Cadmus in the sixteenth century B.C., afterwards made illustrious by the legends of Laius, OEdipus, and of Antigone, the rivalry of Eteocles and Polynices, and the unfortunate siege by the seven chiefs of Argos. After the taking of Troy, Thebes became the capital of Boeotia, but did not succeed in imposing its hegemony, for Athens supported certain towns in their opposition. Thebes allied itself to the Persians against the Greeks, but was conquered with them and submitted to Sparta, until its two generals Pelopidas and Epaminondas restored it to the first rank. The death of the latter before Mantinea in 363 B.C., opened a new series of misfortunes for the city. Conquered by Philip of Macedon, in 338 B.C., it revolted two years after and drew on itself the vengeance of Alexander who killed or sold all the inhabitants and destroyed all the houses save that of the poet Pindar. Rebuilt in 316 B.C., by Cassander, it was taken and retaken again. In the second century B.C., the acropolis alone was inhabited. In the Middle Ages the city was repeopled through the silk industry. In 1040 the Bulgarians took possession of it; six years after the Normans sacked it. In 1205 it was taken by Boniface III of Montferrat and assigned with Athens to Othon de la Roche; by marriage it passed later to the lords of Saint-Omer; one of them, Nicholas II, constructed the Frankish chateau of the Cadmi which was destroyed in 1311 by the Catalans. In 1364 the Turks took it in behalf of Frederick III of Sicily and later on their own account, but its neighbour, Livadia, soon supplanted it.
The first known bishop, Cleonicus, was at Nicaea in 325 (Gelzer, "Patrum nicaenorum nomina", LXIV). Le Quien (Oriens Christ., II, 207-11) quotes ten other titulars, among them: Julius at Sardica in 344; Anysius at Ephesus in 431; Architimus in 458; Marcianus in 867. At first a suffragan, Thebes was an autocephalous archbishopric at the beginning of the tenth century and until 970 (Gelzer, "Ungedruckte . . . Texte der Notitiae episcopatuum", 551, 571); about 1080 it was a metropolitan see (Le Quien, op. cit., II, 210); and about 1170 it numbered five suffragan sees (Gelzer, op. cit., 585). In 1833 Thebes was reduced to the rank of bishopric with the title of Boeotia; since 1882 the diocese has had the title of Thebes and Livadia. The bishop resides at Livadia and exercises his jurisdiction over the entire district of Boeotia. The city numbers 5000 inhabitants including the suburbs. Since 1210 it has had a Latin metropolis which became by degrees a titular. Eubel (Hierarchia catholica medii aevi, I, 508; II, 274, III, 331) mentions a number of bishops. During the Frankish occupation, the Franciscans had a custody named Thebae.
SANKEY, The Spartan and Theban Supremacies (London, 1877); MULLER, Gesch. Thebens (Leipzig, 1879); FABRICIUS, Theben (Fribourg, 1890); DURUY, Histoire des Grecs (3 vols., Paris, 1886).
S. VAILHÉ
# Catholic Encyclopedia (1913)/Archdiocese of Cosenza

From volume 4 of the work.
(COSENTINA).
An archdiocese immediately subject to the Holy See. Cosenza is a city in the province of Calabria, Southern Italy, at the confluence of the Crati and the Busento. It was known to the ancients as Cosentia, and was the capital of Bruttium. It was conquered (338 B.C.) by Alexander of Epirus, uncle of Alexander the Great. Later it adhered to King Pyrrhus, when he invaded Italy. Between 278-176 B.C. both Lucania and Bruttium acknowledged the supremacy of Rome. Alaric besieged the city (A.D. 410), but died there the same year and was buried in the bed of the Busento at its confluence with the Crati. In 902 Cosenza was pillaged by the Saracens, who were later expelled by the Normans but regained possession of the city in 1004. In 1130 Cosenza became the capital of Calabria Citeriore, now Cosenza, and thenceforth shared the vicissitudes of the Kingdom of Naples. Among its famous citizens may be mentioned the savant Gian Vincenzo Gravina, co-founder with Queen Christina of Sweden of the Roman Academy of the Arcadia in 1656 (see ACADEMIES, ROMAN). The city suffered much from earthquakes, especially in 1184, 1658, and 1783.
The Gospel was first preached in Cosenza by missionaries from Reggio; its earliest known bishop is Palumbus, a correspondent (599) of St. Gregory the Great. Cosenza was raised to the dignity of an archbishopric about 1050. Among the best known Archbishops of Cosenza have been: Ruffo, who perished in the earthquake of 1184; the Cistercian Martino (1285), a prolific but uncritical writer; Pirro Caracciolo (1452), the friend of St. Francis of Paula; Bartolommeo Fleury, who died at Rome (1495) in Castle Sant' Angelo, where he had been imprisoned for forgery of pontifical documents; Taddeo, later Cardinal, Gaddi (1535), who obtained from Paul IV the privilege by which the cathedral canons of Cosenza wear the choir habit of the Vatican basilica; and Guiseppe Maria Sanfelice (1650), frequently charged by the Holy See with diplomatic missions.
The diocese has a population of 159,500, with 109 parishes, 264 churches and chapels, 200 secular and 16 regular priests, 2 religious houses of men and 5 of women.
CAPPELLETTI, La Chiese d'Italia (Venice, 1844), XXI, 285; SPIRITI, Memoire degli scrittori Cosentini (Naples, 1750); Ann. eccl. (Rome, 1907), 429.
U. BENIGNI
# Catholic Encyclopedia (1913)/Archdiocese of Conza

From volume 4 of the work.
(COMPSANA)
Archdiocese with the perpetual administration of Campagna (Campaniensis). Conza, a city of the province of Avellino, Southern Italy, on the River Ofanto (the ancient Aufidus), was formerly called Compsa, and belonged to the Hirpini, allies of the Samnites during their wars with the Romans. It was captured in 213 B.C. by Fabius Maximus and was made a Roman colony. During the Second Punic War it was betrayed to Hannibal (214 B.C.) and opened the way to Capua. The city was twice destroyed by earthquakes (980, 1694), and was at one time nearly abandoned. The first known Bishop of Conza is Pelagius, who was present at the Roman synod of 743 held under Pope Zachary. The see was raised to the rank of an archbishopric under Alexander II or Gregory VII (i.e. between 1061 and 1085), having previously been a suffragan of Salerno. Among the bishops worthy of mention is the Blessed Erberto (1169). The bishops resided either in their feudal stronghold of San Menna, at Campagna, or at Sant' Angelo de' Lombardi, the present episcopal residence. The Diocese of Campagna was erected by Clement VII, 19 June, 1525; the see was vacant from 1793 to 1818, when it was placed under Conza. The dioceses together have a population of 123,000, with 37 parishes, 230 churches and chapels, 232 secular and 10 regular priests, 3 religious houses of men and 5 of women.
CAPELLETTI, Le chiese d'Italia (Venice, 1844), XX, 531; Ann. eccl. (Rome, 1907), 424-26.
U. BENIGNI
# Catholic Encyclopedia (1913)/Archdiocese of Chieti

From volume 3 of the work.
ARCHDIOCESE OF CHIETI (THEATENSIS)
Archdiocese with the perpetual administration of Vasto. Chieti is the ancient Teate, capital of the Marrucini, and now an important town of the Abruzzi Central Italy. It is situated on a mountain, at the base of which runs the River Pescara. Though the Marrucini, like the Marsi and other kindred people, were originally enemies of Rome, in 304 B.C. they concluded a league with the Romans, which lasted until the War with the Allies, when Teate became a municipality. In the Gothic War it was captured by Totila; later it fell into the hands of the Lombards, from whom it was captured by Pepin and devastated. The Normans rebuilt the city, which thenceforth belonged to the Kingdom of the Two Sicilies. St. Justinus is venerated as the first Bishop of Chieti, and the cathedral is dedicated to him. Several of his successors are also venerated as saints, among them Gribaldus (874), whose portrait is yet visible on the bronze doors of the monastery of St. Clement in the Island of Pescara. Other bishops worthy of notice were: Giovanni Pietro Caraffa, who in 1524 resigned the see, and associated himself with St. Cajetan of Tiene in the foundation of the Theatine Order. Later Caraffa became pope under the name of Paul IV. Since 1525 Chieti has been an archbishopric, but has no suffragans. The archdiocese has a population of 300,500, with 113 parishes, 442 churches and chapels, 170 secular and 58 regular priests, 3 religious houses of men and 17 of women.
U. BENIGNI
# Catholic Encyclopedia (1913)/Giuseppe Tartini

From volume 14 of the work.
Violinist, composer, and theorist, b. at Pirano, Italy, 12 April, 1692; d. at Padua, 16 Feb., 1770. He resisted the earnest desire of his parents that he enter the Franciscan Order, and matriculated at the University of Padua in 1710 as a student in jurisprudence. It was not long before he abandoned this for the study of music, especially the violin, and the art of fencing, in which latter he soon became a master. Having secretly married a relative of Cardinal Cornaro, and being accused of abduction, he fled to Assisi, where he found an asylum and a guide of the first order for his musical studies in the person of Padre Boemo. After two years he emerged from his seclusion - the charge against him having in the meantime been dropped - and returned to Padua, settling later in Ancona for several years. There he developed into one of the greatest violin players of all time, and also continued his theoretical studies. In 1721 he was appointed solo violinist and orchestra conductor at the Cathedral of Padua, a position which he held, with the exception of two years spent in the service of Count Kinsky at Prague, until the end of his life. He refused many flattering invitations to visit other countries. In 1728 Tartini established at Padua a school for violin-playing which has given to the world some of its greatest masters, among them Nardini, Pasqualino, Bini, and many others. The manner of bowing originated by Tartini is still standard. He published an enormous number of compositions for the violin and for several combinations of instruments. Of the former many are the repertoires of present-day violin virtuosi. His single composition for the Church was a "Miserere" for four, five, and eight voices, which was performed by the Sistine choir in 1768. Although not the first to discover the so-called combination tone, or third tone, which results when two tones forming a perfect consonance are sounded, his name has always been associated with this discovery because he made it the basis of a new system of harmony. This system he laid down in his "Trattato di musica" in 1754.
MENDEL, Musikalisches Conversations-Lexikon, X (Berlin, 1878); FANGAZO, Orazione delle lodi di Giuseppe Tartini (Padua, 1770); UGONI, Giuseppe Tartini, sua vita (Brescia, 1802).
JOSEPH OTTEN
# Catholic Encyclopedia (1913)/Giuseppe Zamboni

From volume 15 of the work.
Priest and physicist, born at Venice, June, 1776; died there 25 July 1846. Shortly after completing his studies in the seminary at Verona, Abate Zamboni was appointed to the chair of physics in the lyceum of that city. Zamboni is known to students of physics by the "dry" pile which he invented in 1812, and which consists of a number of paper discs coated with zinc foil on one side and manganese binoxide on the other, the moisture of the paper serving as conductor. By pressing a large number of such discs together in a glass tube, an electromotive force can be obtained sufficient to deflect the leaves of an ordinary electroscope. By bringing the terminal knobs of the pile near each other and suspending a light brass ball between them, Zamboni devised what was called an electric clock, the ball oscillating between the knobs like a pendulum. In the Claredon Laboratory, Oxford, the terminals of such a pile are fitted with bells which have been continuously ringing for the last fifty years. The Zamboni pile is not, however, a perpetually-going motor, as all action when the zinc is completely oxidized or the manganese exhausted. Among Zamboni's works are: "Della pila elettrica a secco" (Venice, 1812); "L'elettromotore perpetuo" (Venice, 1820); "Descrizione d'un nuovo galvanometro" (Venice, 1833).
Brother Potamian.
# Catholic Encyclopedia (1913)/Gloria, Laus et Honor

From volume 16 of the work.
A hymn composed by St. Theodulph of Orléans in 810, in Latin elegiacs, of which the Roman Missal takes the first six for the hymn following the procession on Palm Sunday (the use to which the hymn was always dedicated). The first couplet,
   Gloria, laus et honor tibi sit Rex Christe, Redemptor,
   Cui puerile decus prompsit hosanna pium,
is sung by chanters inside of the church (the door having been closed), and is repeated by the processional chorus outside of the church. The chanters then sing the second couplet, the chorus responding with the refrain of the first couplet, and so on for the remaining couplets until the subdeacon strikes the door with the staff of the cross, whereupon the door is opened, the hymn ceases, and the procession enters the church. The words of the refrain ("puerile decus") suggested the assignment of the hymn in the Middle Ages to boy chanters (thus at Salisbury, York, Hereford, Rouen, etc.). The hymn is founded on Psalm xxiii (Vulgate), 7-10; Psalm cxvii, 26; Matt. xxi, 1-16; Luke xix, 37-38. MEARNS in JULIAN, Dict. of Hymnology (2nd ed., London, 1907), s.v. To this list of trs. add: DONAHOE, Early Christian Hymns (New York, 1908); Missal for the Use of the Laity (London, 1903). For the legend concerning its origin, see MEARNS, loc. cit.; KAYSER, Beitrage z. Gesch. u. Erklarung der alten Kirchenhymnen (Paderborn, 1886), 313-322, full text and much comment.
H.T. HENRY
# Catholic Encyclopedia (1913)/Giuseppe Toaldo

From volume 14 of the work.
Priest and physicist, b. at Pianezze, 1719; d. at Padua, 1797. In his fourteenth year he entered the seminary of Padua, in which he subsequently taught mathematics and Italian literature. While connected with the seminary he edited the works of Galilei (1744), for which he wrote an appreciative preface and critical notes. In 1754 he was appointed pastor of Montegalda; and, eight years later, was called to the chair of astronomy in the University of Padua. Toaldo, like his contemporaries, Divisch| and Beccaria (both priests), gave special attention to the study of atmospheric electricity and to the means of protecting buildings against lightning. He advocated the erection of lightning-rods, adopting the views of Franklin on their preventive and protective action, rather than those of the French school led by Abbé Nollet. His treatise "Della maniera di difendere gli edificii dal fulmine" (1772) and his pamphlet "Dei conduttori metallici a preservazione degli edifici dal fulmine" (1774) contributed largely to remove the popular prejudices of the time against the use of the "Franklinian rod"; and through his exertions lightning-conductors were placed on the Cathedral of Siena, on the tower of St. Mark's, Venice, on powder magazines, and ships of the Venetian navy. Toaldo was a member of many of the learned bodies of Europe, notably of the Royal Society, London.
TIPALDO, Biografia degli Italiani illustri
Brother Potamian.
# Catholic Encyclopedia (1913)/Glebe

From volume 6 of the work.
Glebe (Lat. gleba) originally signified, in common law, any farm, estate, or parcel of land, and the word is so used in the Theodosian Code. But in ecclesiastical law it has become the technical term for land permanently assigned for the maintenance of the incumbent of a parish, and is the oldest form of parochial endowment. This use of the word is found in numerous medieval charters, of which Du Cange gives a few examples, and formerly no church could be consecrated unless thus endowed with a house and glebe. The fee-simple was held to be in abeyance, that is, without an owner in the eyes of the law, but the freehold belonged to the incumbent. It could be leased, sold, or exchanged, with the bishop's consent, and was sometimes allowed to be mortgaged for the purpose of repairing the parsonage or church. In England and Scotland, where glebe is held by the established Churches of those countries, there are now special laws regarding the leasing, sale, or exchange of such property, and all such transactions are subject to the approval of the land commissioners. In the Catholic Church, glebe, where it exists, is regarded as mensal property, and canon law regulates the conditions which govern its possession. The alienation of mensal property is now held by most legists to require the special permission of the pope, and even then only certain justifying causes are recognized, viz: (1) necessity, as when a church is overburdened with debt; (2) utility, or the opening for an advantageous exchange; (3) to redeem captives or feed the poor in time of famine; (4) convenience, as when the land is so situated that its produce cannot be gathered without great expense. Certain specified formalities have also to be complied with. (See .)
BOUIX, De parocho (Paris, 1852); FERRARS, Bibl. prompt. (Rome, 1886-95); SMITH, Elements of Eccl. Law (New York, 1877-89). For the English law see PHILLIMORE, Ecclesiastical Law (London, 1905). See also bibliography under PROPERTY, ECCLESIASTICAL.
G. Cyprian Alston
# Catholic Encyclopedia (1913)/Giuseppe d'Annibale

From volume 1 of the work.
Cardinal, a theologian, b. at Borbona in the Diocese of Rieti, 22 September, 1815; d. at the same place, 18 July, 1892. He was appointed professor in the Seminary of Rieti and later vicar-general of the diocese. He was preconized Titular Bishop of Caryste by Leo XIII, 12 Aug., 1881, was created Cardinal-Priest of Sts. Boniface and Alexis, 11 Feb., 1889, and became Prefect of the Congregation of Indulgences. His treatise on moral theology is entitled "Summula theologiae moralis," (Milan, 1881-83). Another work, a commentary on the Constitution, "Apostolicae Sedis" (Rieti, 1880), is also valuable to theologians and canonists.
HURTER, Nomenclator, III, 1448; BEUGNET, in Dict. de Theol. Cath., s.v.
JOHN J. A'BECKET
# Catholic Encyclopedia (1913)/John Martiall

From volume 9 of the work.
John Marshall
(or MARSHALL)
Born in Worcestershire 1534, died at Lille, 3 April 1597. He was one of the six companions associated with Dr. Allen in the foundation of the English College at Douai in 1568. He received his education at Winchester (1545–49) and New College, Oxford (1549–56), at which latter place, after a residence of seven years, he graduated as bachelor of civil law in 1556. He next accepted a post as assistant master at his old school at Winchester under Thomas Hyde; but soon after the accession of Elizabeth, both of them found it necessary to quit the country. Marshall retired to Louvain, where a number of English Catholic exiles were residing. Thence he removed to Douai, when he joined the new university recently founded there, and graduated B.D. in 1567. Thus it came about that when Allen arrived to found his new college, Marshall was already in residence, and willingly attached himself to the new foundation, which was destined to play so important a part in English Catholic affairs in the future. He did not, however, remain long, chiefly because of the smallness of the allowance which it was possible to give; later on, he obtained a canonry in the church of St. Peter at the neighbouring city of Lille. Owing to the disturbed state of the country, he was not installed until 1579. He lived to enjoy his dignity for eighteen years. It was during his residence at Louvain that he brought out the two chief literary works for which he is known. The first of these, "Treatise of the Cross" (Antwerp, 1564), was a defence of the honour paid by Catholics to the Cross, and he dedicated it to Queen Elizabeth, being "emboldened upon her keeping the image of a crucifix in her chapel". He was attacked by James Calfhill, the Calvinist, which brought forth his "Reply" (Louvain, 1566). He also wrote a treatise on the "Tonsure of Clerks", which is still in Manuscript.
COOPER in Dict. Nat. Biog., s. v.; GILLOW, Bibl. Dict. Eng. Cath., s. v.; KNOX, Historical Introduction to Douay Diaries; WOOD, Athenæ Oxon., ed. BLISS, I, 658; DODD, Church Hist., II, 113; PITTS, De illust. Ang. script.; HANDECŒUR, Histoire du Collège Anglais à Douai (Reims, 1898); CAMM, Life of Allen (London, 1908).
BERNARD WARD.