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CONTUMACY elicit an act of perfect contrition. They seem agreed that sixh neglect must have extended over considerable time, but what constitutes a cdiisidcnible time they find it hard to determine (Srhiiici-llnisir, op. cit., pp. 83 sqq.). Probably the rub' nf Si. Alphon- sus Liguori will aid the solution: "The tluty of making an act of contrition is urgent when one is obliged to make an act of love" (Sabetti, Theologia Moralis: de necess. contritionis, no. 731; Ballerini, Opus Morale: de contritione).

Christian Pesch, PrfFjcctimirs DoqmaticcE (Freiburg, 1897), VII ; Hunter. Outlinn rf Donmnlir Tlunlogy (New York, 1S96) ; St. Tho.m.\s, In Sail. IV. ,li-t. xvii. '.I ii. a 1, sol. 1; SuAREZ, DePiznUenM, dis|i. i\, -i-.-\ ni .1, 2; Hki.larmine. De Controversiis, Bk. II, De swrnin, iiin p.i nd' utifje; S.vlmanticenses, Cursus Theologicus: ,le pa'Hiltidia (Paris. 1S83), XX; De- NiFLE, Lulher und Luthertum in der erslen Entwicklung (Mainz, 1906), I, 229 sqq.. 11,454, 517, 618 sq.; Collet in Migne, Theologia Cursus Complctus (Paris, 1840), XXII; Pal.miehi, De Pcenilentid (Rome, 1879; Prato. 1896); Petavius. Dogmata Theologica: de ptenitentid (Paris. 1867).

Contumacy, or contempt of court, is an obstinate disobedience of the lawful orders of a court. Simple disobedience does not constitute contumacy. Such crime springs only from unequivocal and stubborn resistance to the reiterated or peremptory orders of a legitimate court, and implies contempt or denial of its authority. The general law of the Church demands that the citation, or order to appear, be repeated three times (in the United States twice) before proceedings declaratory of contumacy take place. A peremptory citation, stating that the one replaces the three, satisfies the law. Contumacy may arise not only from disobedience to the citation proper, but also from contempt of any order of a law- ful court. Contimiacy is commonly divided into true and presumptive. True contumacy takes place when it is certain that the citation was served, and the defendant without just cause fails to obey the terms of such citation. Presumptive contumacy occurs when there is a strong presumption, though it is not certain, that the citation was served. The law holds this presumption equivalent to a moral certitude of service of citation. The defendant becomes guilty of contumacy if, when lawfully cited, he fails to appear before the judge, or if he secludes himself, or in any way prevents the service of citation. The plaintiff incurs the guilt of contumacy by failure to appear before the court at the specified time. And the defendant or plaintiff may be proceeded against on the charge of contempt, if either rashly withdraws from the trial, or disobeys a special precept of the judge, or refuses to answer the charges of the other party. A wit- ness becomes guilty of contimiacy by disobeying the summons or by refusal to testify in the cause at issue.

All causes excusing appearance in court exempt from contempt of court. The following, among others, produce such effects: (1) ill-health; (2) ab- sence on public affairs; (3) summons to a higher court; (4) inclement weather; (5) unsafety of place to which cited. These and like causes, if known to the judge, render null and void any sentence pro- nounced by hLni in such circumstances. But if they be unknown to the judge at the time of sentence, the condemned, on motion, must be reinstated in the posi- tion held by him prior to the sentence. Contumacy should never be held equivalent to a juridical confes- sion of guilt. It cannot therefore dispense with the trial, but only makes it lawful to proceed in the ab- sence of the party guilt}' of contumacy as though he were present (Third Plenary Covmcil of Baltimore, no. 313). Contempt of court, being an act of resistance to legitimate authority, is a crime, and therefore punishable. The chief penalties are: (1) The trial proceeds in the absciiee of t he contumacious per.son, and presum- ably to his detriment; (2) presiimption of guilt, b>it not sufficient for conviction; (3) a pecuniary fine at the discretion of the judge; (4) suspension; (5) excommunication may be inflicted, and if the contumacious party be not absolved within one year he may be proceeded against as suspected of heresy (Council of Trent. Sess. XXV, ch. iii de Ref.); (6) loss of the right of appeal from a definitive sentence, in all cases of true contumacy. Presumptive contumacy does not carry this penalty. Before inflicting penalties the guilt of contumacy must be established by legal proof. The accused must be cited to answer the charge of contumacy, which must be prosecuted according to the procedure established and laid down in the law.

Santi-Leitner, Prcehctiones Juris Caylonici (New York, 1905); Smith, Ecclesiastical Trials (New York, IS87), II, \Olfy-1025; Baart, Legal Formulary (New York, 1898), 324-330; Ferharis. Projnpta Bibliotheca, s. v.; Andre-Wagner, Diet, de droit can. (3rd ed., Paris, 1901), I, 563; Tadnton, The Law of the Church (London, 1906), s. v.

Contzen,, economist and exegete, b. in 1573 (according to Sommervogel in 1575), at Montjoie in the Duchy of Julieh, which is now part of the Rhine Province of Prussia; d. 19 June, 1635, at Mimich. He entered the Society of Jesus at Trier in 1595, was professor of philosophy in the University of Wiirzburg in 1606, and was transferred to the University of Mainz in 1610, where he occupied the chair of Holy Scripture for more than ten years. He had a share in the organization of the University of Molsheim, in Alsace, of which he was chancellor in 1622-23. Cont- zen was a learned and versatile writer in theological controversy, in political economy, and in the interpre- tation of the Scriptures. He defended the contro- versial works of Cardinal Bellarniine against the at- tacks of Professor Parens of Ileidilbcig. and when the lattersought to unite the Calviuists and the Lutherans against the Catholics, Contzen demonstrated the impractical nature of the project in his work, "De unione et synodo Evangelicorum", and showed the only way of restoring peace to the German nation in his important work, "De Pace Germanise libri duo, prior de falsa, alter de vera" (Mainz, 1616). This work was twice reprinted at Cologne, in 1642 and in 1685. His ideas on the restoration of peace were further de- veloped in the works occasioned by the centenary of the Reformation, one of which, " Jubilum Jubilorum'" was published (1618) in Latin and in German. His most interesting work, which marks him as a thinker in advance of his age, " Politicorum lib. X", was pub- lished at Mainz in 1621 and 1629. The book has been called an " Anti-Macchiavelli" because the author de- scribes the rvder of a Christian commonwealth in ac- cordance with the principles of Revelation. In the questions of political and national economy which he discusses he advocates a reform of taxation, the free- ing of the soil from excessive burdens, state ownership of certain industries for the purpose of revenue, indi- rect taxation of objects of luxury, a combination of the protective system with free-trade, and state aid for popular associations. The Elector Maximilian of Bavaria w.as so impressed by the ability shown in this work that he chose Contzen for his confessor. During his residence in Mimich, which began in 1623, he com- pleted and published his commentaries on the Four Gospels, and on the Epistles of St. Paul to the Ro- mans, the Corinthians, and the Galatians. He also WTOte a political novel, "Methodus doctrinse civilis, sen .\bissini Regis Historia", in which he show-ed the practical working of his political theories.

Brischar, p. .Adam Contzen, ein Irrniker und National' iikonom des n. Jahrhunderts (WUrzbure. 1879); I^ommervogei, Bibliothique de la c. de J., II, s. v.; Streber in Kirchenlex., B. V. B. GULDNER.

Convent (Lat. conventus) originally signified an assembly of Roman citizens in the provinces for purposes of administration and justice. In the history of monasticism the word has two distinct technical meanings: (1) A religious community of either sea