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diff --git a/40956-0.txt b/40956-0.txt new file mode 100644 index 0000000..1674df1 --- /dev/null +++ b/40956-0.txt @@ -0,0 +1,17839 @@ +*** START OF THE PROJECT GUTENBERG EBOOK 40956 *** + +Transcriber's notes: + +(1) Numbers following letters (without space) like C2 were originally + printed in subscript. Letter subscripts are preceded by an + underscore, like C_n. + +(2) Characters following a carat (^) were printed in superscript. + +(3) Side-notes were relocated to function as titles of their respective + paragraphs. + +(4) Macrons and breves above letters and dots below letters were not + inserted. + +(5) [root] stands for the root symbol; [alpha], [beta], etc. for greek + letters. + +(6) The following typographical errors have been corrected: + + ARTICLE JONES, INIGO: "... and in the capacity of designer of the + masques he came into collision with Ben Jonson, who frequently made + him the butt of his satire." 'collision' amended from 'collison'. + + ARTICLE JOPLIN: "Joplin is the trade centre of a rich agricultural + and fruit-growing district, but its growth has been chiefly due to + its situation in one of the most productive zinc and lead regions + in the country, for which it is the commercial centre." 'most' + amended from 'must'. + + ARTICLE JORDANES: "... and their differentiation into Visigoths and + Ostrogoths, are next described. Chs. v.-xiii. contain an account of + the intrusive Geto-Scythian element before alluded to." 'next' + amended from 'nest'. + + ARTICLE JURASSIC: "... similarly at the top of the system there is + a passage from the Jurassic to the Cretaceous rocks (Alps)." + 'system' amended from 'sytsem'. + + ARTICLE JURY: "... 'copied from this or that kindred institution to + be found in this or that German or Scandinavian land,' or brought + over ready made by Hengist or by William." 'or' amended from 'of'. + + + + + ENCYCLOPAEDIA BRITANNICA + + A DICTIONARY OF ARTS, SCIENCES, LITERATURE + AND GENERAL INFORMATION + + ELEVENTH EDITION + + + VOLUME XV, SLICE V + + Joints to Justinian I. + + + + +ARTICLES IN THIS SLICE: + + + JOINTS (anatomy) JUBILEES, BOOK OF + JOINTS (engineering) JUBILEE YEAR + JOINTS (geology) JÚCAR + JOINTURE JUD, LEO + JOINVILLE JUDAEA + JOINVILLE, FRANÇOIS LOUIS MARIE JUDAH + JOINVILLE, JEAN JUDAS ISCARIOT + JOIST JUDAS-TREE + JÓKAI, MAURUS JUDD, SYLVESTER + JOKJAKARTA JUDE, THE GENERAL EPISTLE OF + JOLIET JUDGE + JOLLY JUDGE-ADVOCATE-GENERAL + JOLY DE LOTBINIÈRE, GUSTAVE JUDGES, THE BOOK OF + JOMINI, ANTOINE HENRI JUDGMENT + JOMMELLI, NICCOLA JUDGMENT DEBTOR + JONAH (prophet) JUDGMENT SUMMONS + JONAH, RABBI JUDICATURE ACTS + JONAS, JUSTUS JUDITH, THE BOOK OF + JONATHAN JUDSON, ADONIRAM + JONCIÈRES, VICTORIN JUEL, JENS + JONES, ALFRED GILPIN JUEL, NIELS + JONES, SIR ALFRED LEWIS JUG + JONES, EBENEZER JUGE, BOFFILLE DE + JONES, ERNEST CHARLES JUGGERNAUT + JONES, HENRY JUGGLER + JONES, HENRY ARTHUR JUGURTHA + JONES, INIGO JUJU + JONES, JOHN JUJUBE + JONES, JOHN PAUL JU-JUTSU or JIU-JITSU + JONES, MICHAEL JUJUY + JONES, OWEN (Welsh antiquary) JUKES, JOSEPH BEETE + JONES, OWEN (British architect) JULIAN + JONES, RICHARD JÜLICH + JONES, THOMAS RUPERT JULIEN, STANISLAS + JONES, WILLIAM JULIUS + JONES, SIR WILLIAM JULLIEN, LOUIS ANTOINE + JÖNKÖPING JULLUNDUR + JONSON, BEN JULY + JOPLIN JUMALA + JOPPA JUMIÈGES + JORDAENS, JACOB JUMILLA + JORDAN, CAMILLE JUMNA + JORDAN, DOROTHEA JUMPING + JORDAN, THOMAS JUMPING-HARE + JORDAN, WILHELM JUMPING-MOUSE + JORDAN (river) JUMPING-SHREW + JORDANES JUNAGARH + JORDANUS JUNCACEAE + JORIS, DAVID JUNCTION CITY + JORTIN, JOHN JUNE + JOSEPH (Old Testament) JUNEAU + JOSEPH (New Testament) JUNG, JOHANN HEINRICH + JOSEPH OF ARIMATHAEA JUNG BAHADUR, SIR + JOSEPH I. JUNG-BUNZLAU + JOSEPH II. JUNGFRAU + JOSEPH, FATHER JUNGLE + JOSEPHINE JUNIN + JOSEPHUS, FLAVIUS JUNIPER + JOSHEKAN JUNIUS + JOSHUA, BOOK OF JUNIUS, FRANZ + JOSHUA THE STYLITE JUNK + JOSIAH JUNKER, WILHELM + JÓSIKA, MIKLOS [NICHOLAS] JUNKET + JOSIPPON JUNO + JOSS JUNOT, ANDOCHE + JOST, ISAAK MARKUS JUNOT, LAURE + JOTUNHEIM JUNTA + JOUBERT, BARTHÉLEMY CATHERINE JUPITER (Roman deity) + JOUBERT, JOSEPH JUPITER (planet) + JOUBERT, PETRUS JACOBUS JUR + JOUFFROY, JEAN JURA (department of France) + JOUFFROY, THÉODORE SIMON JURA (island) + JOUGS JURA (mountains) + JOULE, JAMES PRESCOTT JURASSIC + JOURDAN, JEAN BAPTISTE JURAT + JOURNAL JURIEN DE LA GRAVIÈRE, JEAN EDMOND + JOURNEY JURIEU, PIERRE + JOUVENET, JEAN JURIS + JOUY, VICTOR JOSEPH ÉTIENNE DE JURISDICTION + JOVELLANOS, GASPAR MELCHOR DE JURISPRUDENCE + JOVELLAR Y SOLER, JOAQUIN JURISPRUDENCE, COMPARATIVE + JOVIAN JURJANI + JOVINIANUS JURY + JOVIUS, PAULUS JUS PRIMAE NOCTIS + JOWETT, BENJAMIN JUS RELICTAE + JOYEUSE JUSSERAND, JEAN ADRIEN ANTOINE JULES + JOYEUSE ENTRÉE JUSSIEU, DE + JUAN FERNANDEZ ISLANDS JUSTICE + JUANGS JUSTICE OF THE PEACE + JUAN MANUEL, DON JUSTICIAR + JUAREZ, BENITO PABLO JUSTICIARY, HIGH COURT OF + JUBA (kings of Numidia) JUSTIFICATION + JUBA (African river) JUSTIN I. + JUBBULPORE JUSTIN II. + JUBÉ JUSTIN (Roman historian) + JUBILEE (or Jubile), YEAR OF JUSTINIAN I. + + + + +JOINTS, in anatomy. The study of joints, or articulations, is known as +Arthrology (Gr. [Greek: arthron]), and naturally begins with the +definition of a joint. Anatomically the term is used for any connexion +between two or more adjacent parts of the skeleton, whether they be bone +or cartilage. Joints may be immovable, like those of the skull, or +movable, like the knee. + +[Illustration: FIG. 1.--Vertical section through a synchondrosis. b, b, +the two bones; Sc, the interposed cartilage; l, the fibrous membrane +which plays the part of a ligament.] + +[Illustration: FIG. 2.--Vertical section through a cranial suture, b, b, +the two bones; s, opposite the suture; l, the fibrous membrane, or +periosteum, passing between the two bones, which plays the part of a +ligament, and which is continuous with the interposed fibrous membrane.] + + Immovable joints, or _synarthroses_, are usually adaptations to growth + rather than mobility, and are always between bones. When growth ceases + the bones often unite, and the joint is then obliterated by a process + known as _synostosis_, though whether the union of the bones is the + cause or the effect of the stoppage of growth is obscure. Immovable + joints never have a cavity between the two bones; there is simply a + layer of the substance in which the bone has been laid down, and this + remains unaltered. If the bone is being deposited in cartilage a layer + of cartilage intervenes, and the joint is called _synchondrosis_ (fig. + 1), but if in membrane a thin layer of fibrous tissue persists, and + the joint is then known as a _suture_ (fig. 2). Good examples of + synchondroses are the epiphysial lines which separate the epiphyses + from the shafts of developing long bones, or the occipito-sphenoid + synchondrosis in the base of the skull. Examples of sutures are + plentiful in the vault of the skull, and are given special names, such + as sutura dentata, s. serrata, s. squamosa, according to the plan of + their outline. There are two kinds of fibrous synarthroses, which + differ from sutures in that they do not synostose. One of these is a + _schindylesis_, in which a thin plate of one bone is received into a + slot in another, as in the joint between the sphenoid and vomer. The + other is a peg and socket joint, or _gomphosis_, found where the fangs + of the teeth fit into the alveoli or tooth sockets in the jaws. + + [Illustration: FIG. 3.--Vertical section through an amphiarthrodial + joint. b, b, the two bones; c, c, the plate of cartilage on the + articular surface of each bone; Fc, the intermediate fibro-cartilage; + l, l, the external ligaments.] + + Movable joints, or _diarthroses_, are divided into those in which + there is much and little movement. When there is little movement the + term half-joint or _amphiarthrosis_ is used. The simplest kind of + amphiarthrosis is that in which two bones are connected by bundles of + fibrous tissue which pass at right angles from the one to the other; + such a joint only differs from a suture in the fact that the + intervening fibrous tissue is more plentiful and is organized into + definite bundles, to which the name of _interosseous ligaments_ is + given, and also that it does not synostose when growth stops. A joint + of this kind is called a _syndesmosis_, though probably the + distinction is a very arbitrary one, and depends upon the amount of + movement which is brought about by the muscles on the two bones. As an + instance of this the inferior tibio-fibular joint of mammals may be + cited. In man this is an excellent example of a syndesmosis, and there + is only a slight play between the two bones. In the mouse there is no + movement, and the two bones form a synchondrosis between them which + speedily becomes a synostosis, while in many Marsupials there is free + mobility between the tibia and fibula, and a definite synovial cavity + is established. The other variety of amphiarthrosis or half-joint is + the _symphysis_, which differs from the syndesmosis in having both + bony surfaces lined with cartilage and between the two cartilages a + layer of fibro-cartilage, the centre of which often softens and forms + a small synovial cavity. Examples of this are the symphysis pubis, the + mesosternal joint, and the joints between the bodies of the vertebrae + (fig. 3). + + The _true diarthroses_ are joints in which there is either fairly free + or very free movement. The opposing surfaces of the bones are lined + with articular cartilage, which is the unossified remnant of the + cartilaginous model in which they are formed and is called the + _cartilage of encrustment_ (fig. 4, c). Between the two cartilages is + the _joint cavity_, while surrounding the joint is the _capsule_ (fig. + 4, l), which is formed chiefly by the superficial layers of the + original periosteum or perichondrium, but it may be strengthened + externally by surrounding fibrous structures, such as the tendons of + muscles, which become modified and acquire fresh attachments for the + purpose. It may be said generally that the greater the intermittent + strain on any part of the capsule the more it responds by increasing + in thickness. Lining the interior of the capsule, and all other parts + of the joint cavity except where the articular cartilage is present, + is the _synovial membrane_ (fig. 4, dotted line); this is a layer of + endothelial cells which secrete the synovial fluid to lubricate the + interior of the joint by means of a small percentage of mucin, albumin + and fatty matter which it contains. + + [Illustration: FIG. 4.--Vertical section through a diarthrodial joint. + b, b, the two bones; c, c, the plate of cartilage on the articular + surface of each bone; l, l, the investing ligament, the dotted line + within which represents the synovial membrane. The letter s is placed + in the cavity of the joint.] + + [Illustration: FIG. 5.--Vertical section through a diarthrodial joint, + in which the cavity is subdivided into two by an interposed + fibro-cartilage or meniscus, Fc. The other letters as in fig. 4.] + + A _compound diarthrodial joint_ is one in which the joint cavity is + divided partly or wholly into two by a _meniscus_ or _interarticular + fibro-cartilage_ (fig. 5, Fc). + + The shape of the joint cavity varies greatly, and the different + divisions of movable joints depend upon it. It is often assumed that + the structure of a joint determines its movement, but there is + something to be said for the view that the movements to which a joint + is subject determine its shape. As an example of this it has been + found that the mobility of the metacarpo-phalangeal joint of the thumb + in a large number of working men is less than it is in a large number + of women who use needles and thread, or in a large number of medical + students who use pens and scalpels, and that the slightly movable + thumb has quite a differently shaped articular surface from the freely + movable one (see _J. Anat. and Phys._ xxix. 446). R. Fick, too, has + demonstrated that the concavity or convexity of the joint surface + depends on the position of the chief muscles which move the joint, and + has enunciated the law that when the chief muscle or muscles are + attached close to the articular end of the skeletal element that end + becomes concave, while, when they are attached far off or are not + attached at all, as in the case of the phalanges, the articular end is + convex. His mechanical explanation is ingenious and to the present + writer convincing (see _Handbuch der Gelenke_, by R. Fick, Jena, + 1904). Bernays, however, pointed out that the articular ends were + moulded before the muscular tissue was differentiated (_Morph. Jahrb._ + iv. 403), but to this Fick replies by pointing out that muscular + movements begin before the muscle fibres are formed, and may be seen + in the chick as early as the second day of incubation. + + The freely movable joints (true diarthrosis) are classified as + follows:-- + + (1) _Gliding joints_ (_Arthrodia_), in which the articular surfaces + are flat, as in the carpal and tarsal bones. + + (2) _Hinge joints_ (_Ginglymus_), such as the elbow and + interphalangeal joints. + + (3) _Condyloid joints_ (_Condylarthrosis_), allowing flexion and + extension as well as lateral movement, but no rotation. The + metacarpo-phalangeal and wrist joints are examples of this. + + (4) _Saddle-shaped joints_ (_Articulus sellaris_), allowing the same + movements as the last with greater strength. The carpo-metacarpal + joint of the thumb is an example. + + (5) _Ball and socket joints_ (_Enarthrosis_), allowing free movement + in any direction, as in the shoulder and hip. + + (6) _Pivot-joint_ (_Trochoides_), allowing only rotation round a + longitudinal axis, as in the radio-ulnar joints. + + +_Embryology._ + +Joints are developed in the mesenchyme, or that part of the mesoderm +which is not concerned in the formation of the serous cavities. The +synarthroses may be looked upon merely as a delay in development, +because, as the embryonic tissue of the mesenchyme passes from a fibrous +to a bony state, the fibrous tissue may remain along a certain line and +so form a suture, or, when chondrification has preceded ossification, +the cartilage may remain at a certain place and so form a synchondrosis. +The diarthroses represent an arrest of development at an earlier stage, +for a part of the original embryonic tissue remains as a plate of round +cells, while the neighbouring two rods chondrify and ossify. This plate +may become converted into fibro-cartilage, in which case an +amphiarthrodial joint results, or it may become absorbed in the centre +to form a joint cavity, or, if this absorption occurs in two places, two +joint cavities with an intervening meniscus may result. Although, +ontogenetically, there is little doubt that menisci arise in the way +just mentioned, the teaching of comparative anatomy suggests that, +phylogenetically, they originate as an ingrowth from the capsule pushing +the synovial membrane in front of them. The subject will be returned to +when the comparative anatomy of the individual joints is reviewed. In +the human foetus the joint cavities are all formed by the tenth week of +intra-uterine life. + + +ANATOMY + +_Joints of the Axial Skeleton._ + +The bodies of the vertebrae except those of the sacrum and coccyx are +separated, and at the same time connected, by the _intervertebral +disks_. These are formed of alternating concentric rings of fibrous +tissue and fibro-cartilage, with an elastic mass in the centre known as +the _nucleus pulposus_. The bodies are also bound together by _anterior_ +and _posterior common ligaments_. The odontoid process of the axis fits +into a pivot joint formed by the anterior arch of the atlas in front and +the _transverse ligament_ behind; it is attached to the basioccipital +bone by two strong _lateral check ligaments_, and, in the mid line, by a +feebler _middle check ligament_ which is regarded morphologically as +containing the remains of the notochord. This _atlanto-axial joint_ is +the one which allows the head to be shaken from side to side. Nodding +the head occurs at the _occipito-atlantal joint_, which consists of the +two occipital condyles received into the cup-shaped articular facets on +the atlas and surrounded by capsular ligaments. The neural arches of the +vertebrae articulate one with another by the _articular facets_, each of +which has a capsular ligament. In addition to these the laminae are +connected by the very elastic _ligamenta subflava_. The spinous +processes are joined by _interspinous ligaments_, and their tips by a +_supraspinous ligament_, which in the neck is continued from the spine +of the seventh cervical vertebra to the external occipital crest and +protuberance as the _ligamentum nuchae_, a thin, fibrous, median septum +between the muscles of the back of the neck. + +The combined effect of all these joints and ligaments is to allow the +spinal column to be bent in any direction or to be rotated, though only +a small amount of movement occurs between any two vertebrae. + +The heads of the ribs articulate with the bodies of two contiguous +thoracic vertebrae and the disk between. The ligaments which connect +them are called _costo-central_, and are two in number. The anterior of +these is the _stellate ligament_, which has three bands radiating from +the head of the rib to the two vertebrae and the intervening disk. The +other one is the _interarticular ligament_, which connects the ridge, +dividing the two articular cavities on the head of the rib, to the disk; +it is absent in the first and three lowest ribs. + +The _costo-transverse ligaments_ bind the ribs to the transverse +processes of the thoracic vertebrae. The _superior costo-transverse +ligament_ binds the neck of the rib to the transverse process of the +vertebra above; the _middle_ or _interosseous_ connects the back of the +neck to the front of its own transverse process; while the _posterior_ +runs from the tip of the transverse process to the outer part of the +tubercle of the rib. The inner and lower part of each tubercle forms a +diarthrodial joint with the upper and fore part of its own transverse +process, except in the eleventh and twelfth ribs. At the junction of the +ribs with their cartilages no diarthrodial joint is formed; the +periosteum simply becomes perichondrium and binds the two structures +together. Where the cartilages, however, join the sternum, or where they +join one another, diarthrodial joints with synovial cavities are +established. In the case of the second rib this is double, and in that +of the first usually wanting. The _mesosternal joint_, between the pre- +and mesosternum, has already been given as an example of a symphysis. + + _Comparative Anatomy._--For the convexity or concavity of the + vertebral centra in different classes of vertebrates, see SKELETON: + _axial_. The intervertebral disks first appear in the Crocodilia, the + highest existing order of reptilia. In many Mammals the middle + fasciculus of the stellate ligament is continued right across the + ventral surface of the disk into the ligament of the opposite side, + and is probably serially homologous with the ventral arch of the + atlas. A similar ligament joins the heads of the ribs dorsal to the + disk. To these bands the names of anterior (ventral) and posterior + (dorsal) _conjugal ligaments_ have been given, and they may be + demonstrated in a seven months' human foetus (see B. Sutton, + _Ligaments_, London, 1902). The _ligamentum nuchae_ is a strong + elastic band in the Ungulata which supports the weight of the head. In + the Carnivora it only reaches as far forward as the spine of the axis. + +The JAW JOINT, or _temporo-mandibular articulation_, occurs between the +sigmoid cavity of the temporal bone and the condyle of the jaw. Between +the two there is an interarticular fibro-cartilage or meniscus, and the +joint is surrounded by a capsule of which the outer part is the +thickest. On first opening the mouth, the joint acts as a hinge, but +very soon the condyle begins to glide forward on to the eminentia +articularis (see SKULL) and takes the meniscus with it. This gliding +movement between the meniscus and temporal bone may be separately +brought about by protruding the lower teeth in front of the upper, or, +on one side only, by moving the jaw across to the opposite side. + + _Comparative Anatomy._--The joint between the temporal and mandibular + bones is only found in Mammals; in the lower vertebrates the jaw opens + between the quadrate and articular bones. In the Carnivora it is a + perfect hinge; in many Rodents only the antero-posterior gliding + movement is present; while in the Ruminants the lateralizing movement + is the chief one. Sometimes, as in the Ornithorhynchus, the meniscus + is absent. + + +_Joints of the Upper Extremity._ + +The _sterno-clavicular articulation_, between the presternum and +clavicle, is a gliding joint, and allows slight upward and downward and +forward and backward movements. The two bony surfaces are separated by a +meniscus, the vertical movements taking place outside and the +antero-posterior inside this. There is a well-marked capsule, of which +the anterior part is strongest. The two clavicles are joined across the +top of the presternum by an _interclavicular ligament_. + +The _acromio-clavicular articulation_ is also a gliding joint, but +allows a swinging or pendulum movement of the scapula on the clavicle. +The upper part of the capsule is strongest, and from it hangs down a +partial meniscus into the cavity. + + _Comparative Anatomy._--Bland Sutton regards the interclavicular + ligament as a vestige of the interclavicle of Reptiles and Monotremes. + The menisci are only found in the Primates, but it must be borne in + mind that many Mammals have no clavicle, or a very rudimentary one. By + some the meniscus of the sterno-clavicular joint is regarded as the + homologue of the lateral part of the interclavicle, but the fact that + it only occurs in the Primates where movements in different planes are + fairly free is suggestive of a physiological rather than a + morphological origin for it. + +The SHOULDER JOINT is a good example of the ball and socket or +enarthrodial variety. Its most striking characteristic is mobility at +the expense of strength. The small size of the glenoid cavity in +comparison with the head of the humerus, and the great laxity of the +capsule, favour this, although the glenoid cavity is slightly deepened +by a fibrous lip, called the _glenoid ligament_, round its margin. The +presence of the coracoid and acromial processes of the scapula, with the +_coraco-acromial ligament_ between them, serves as an overhanging +protection to the joint, while the biceps tendon runs over the head of +the humerus, inside the capsule, though surrounded by a sheath of +synovial membrane. Were it not for these two extra safeguards the +shoulder would be even more liable to dislocation than it is. The upper +part of the capsule, which is attached to the base of the coracoid +process, is thickened, and known as the _coracohumeral ligament_, while +inside the front of the capsule are three folds of synovial membrane, +called _gleno-humeral folds_. + + _Comparative Anatomy._--In the lower Vertebrates the shoulder is + adapted to support rather than prehension and is not so freely movable + as in the Primates. The tendon of the biceps has evidently sunk + through the capsule into the joint, and even when it is intra-capsular + there is usually a double fold connecting its sheath of synovial + membrane with that lining the capsule. In Man this has been broken + through, but remains of it persist in the _superior gleno-humeral + fold_. The _middle gleno-humeral fold_ is the vestige of a strong + ligament which steadies and limits the range of movement of the joint + in many lower Mammals. + +The ELBOW JOINT is an excellent example of the ginglymus or hinge, +though its transverse axis of movement is not quite at right angles to +the central axis of the limb, but is lower internally than externally. +This tends to bring the forearm towards the body when the elbow is bent. +The elbow is a great contrast to the shoulder, as the trochlea and +capitellum of the humerus are closely adapted to the sigmoid cavity of +the ulna and head of the radius (see SKELETON: _appendicular_); +consequently movement in one plane only is allowed, and the joint is a +strong one. The capsule is divided into anterior, posterior, and two +lateral ligaments, though these are all really continuous. The joint +cavity communicates freely with that of the superior radio-ulnar +articulation. + +The _radio-ulnar joints_ are three: the upper one is an example of a +pivot joint, and in it the disk-shaped head of the radius rotates in a +circle formed by the lesser sigmoid cavity of the ulna internally and +the _orbicular ligament_ in the other three quarters. + +The _middle radio-ulnar articulation_ is simply an interosseous +membrane, the fibres of which run downward and inward from the radius to +the ulna. + +The _inferior radio-ulnar joint_ is formed by the disk-shaped lower end +of the ulna fitting into the slightly concave sigmoid cavity of the +radius. Below, the cavity of this joint is shut off from that of the +wrist by a _triangular fibro-cartilage_. The movements allowed at these +three articulations are called pronation and supination of the radius. +The head of that bone twists, in the orbicular ligament, round its +central vertical axis for about half a circle. Below, however, the whole +lower end of the radius circles round the lower end of the ulna, the +centre of rotation being close to the styloid process of the ulna. The +radius, therefore, in its pronation, describes half a cone, the base of +which is below, and the hand follows the radius. + + _Comparative Anatomy._--In pronograde Mammals the forearm is usually + permanently pronated, and the head of the radius, instead of being + circular and at the side of the upper end of the ulna, is transversely + oval and in front of that bone, occupying the same place that the + coronoid process of the ulna does in Man. This type of elbow, which is + adapted simply to support and progression, is best seen in the + Ungulata; in them both lateral ligaments are attached to the head of + the radius, and there is no orbicular ligament, since the shape of the + head of the radius does not allow of any supination. The olecranon + process of the ulna forms merely a posterior guide or guard to the + joint, but transmits no weight. No better example of the maximum + changes which the uses of support and prehension bring about can be + found than in contrasting the elbow of the Sheep or other Ungulate + with that of Man. Towards one or other of these types the elbows of + all Mammals tend. It may be roughly stated that, when pronation and + supination to the extent of a quarter of a circle are possible, an + orbicular ligament appears. + +The WRIST JOINT, or _radio-carpal articulation_, lies between the radius +and triangular fibro-cartilage above, and the scaphoid, semilunar, and +cuneiform bones below. It is a condyloid joint allowing flexion and +extension round one axis, and slight lateral movement (abduction and +adduction) round the other. There is a well-marked capsule, divided into +anterior, posterior, and lateral ligaments. The joint cavity is shut off +from the inferior radio-ulnar joint above, and the intercarpal joints +below. + +The _intercarpal joints_ are gliding articulations, the various bones +being connected by palmar, dorsal, and a few interosseous ligaments, but +only those connecting the first row of bones are complete, and so +isolate one joint cavity from another. That part of the intercarpal +joints which lies between the first and second rows of carpal bones is +called the _transverse carpal joint_, and at this a good deal of the +movement which seems to take place at the wrist really occurs. + +The _carpo-metacarpal articulations_ are, with the exception of that of +the thumb, gliding joints, and continuous with the great intercarpal +joint cavity. The carpo-metacarpal joint of the thumb is the best +example of a saddle-shaped joint in Man. It allows forward and backward +and lateral movement, and is very strong. + +The _metacarpo-phalangeal joints_ are condyloid joints like the wrist, +and are remarkable for the great thickness of the palmar ligaments of +their capsules. In the four inner fingers these _glenoid ligaments_, as +they are called, are joined together by the _transverse metacarpal +ligament_. + +The _interphalangeal articulations_ are simple hinges surrounded by a +capsule, of which the dorsal part is very thin. + + _Comparative Anatomy._--The wrist joint of the lower Mammals allows + less lateral movement than does that of Man, while the lower end of + the ulna is better developed and is received into a cup-shaped socket + formed by the cuneiform and pisiform bones. At the same time, unless + there is pretty free pronation and supination, the triangular + fibro-cartilage is only represented by an interosseous ligament, which + may be continuous above with the interosseous membrane between the + radius and ulna, and suggests the possibility that the fibro-cartilage + is largely a derivative of this membrane. In most Mammals the wrist is + divided into two lateral parts, as it is in the human foetus, but free + pronation and supination seem to cause the disappearance of the + septum. + + +_Joints of the Lower Extremity._ + +The _sacro-innominate articulation_ consists of the _sacro-iliac joint_ +and the _sacro-sciatic ligaments_. The former is one of the +amphiarthroses or half-joints by which the sacrum is bound to the ilium. +The mechanism of the human sacrum is that of a suspension bridge slung +between the two pillars or ilia by the very strong _posterior +sacro-iliac_ ligaments which represent the chains. The axis of the joint +passes through the second sacral vertebra, but the sacrum is so nearly +horizontal that the weight of the body, which is transmitted to the +first sacral vertebra, tends to tilt that part down. This tendency is +corrected by the great and small _sacro-sciatic ligaments_, which +fasten the lower part of the sacrum to the tuberosity and spine of the +ischium respectively, so that, although the sacrum is a suspension +bridge when looked at from behind, it is a lever of the first kind when +seen from the side or in sagittal section. + +The _pubic symphysis_ is the union between the two pubic bones. It has +all the characteristics of a symphysis, already described, and may have +a small median cavity. + +[Illustration: (From David Hepburn, Cunningham's _Text-book of +Anatomy_.) + +FIG. 6.--Dissection of the Hip Joint from the front.] + +The HIP JOINT, like the shoulder, is a ball and socket, but does not +allow such free movement; this is due to the fact that the socket or +acetabulum is deeper than the glenoid cavity and that the capsule is not +so lax. At the same time the loss of mobility is made up for by +increased strength. The capsule has three thickened bands, of which the +most important is the _ilio-femoral_ or _Y-shaped ligament of Bigelow_. +The stalk of the Y is attached to the anterior inferior spine of the +ilium, while the two limbs are fastened to the upper and lower parts of +the spiral line of the femur. The ligament is so strong that it hardly +ever ruptures in a dislocation of the hip. As a plumb-line, dropped from +the centre of gravity of the body, passes behind the centre of the hip +joint, this ligament, lying as it does in front of the joint, takes the +strain in Man's erect position. The other two thickened parts of the +capsule are known as _pubo-femoral_ and _ischio-femoral_, from their +attachments. Inside the capsule, and deepening the margin of the +acetabulum, is a fibrous rim known as the _cotyloid ligament_, which +grips the spherical head of the femur and is continued across the +cotyloid notch as the _transverse ligament_. The floor of the acetabulum +has a horseshoe-shaped surface of articular cartilage, concave downward, +and, occupying the "frog" of the horse's hoof, is a mass of fat called +the _Haversian pad_. Attached to the inner margin of the horseshoe, and +to the transverse ligament where that is deficient, is a reflexion of +synovial membrane which forms a covering for the pad and is continued as +a tube to the depression on the head of the femur called the _fossa +capitis_. This reflexion carries blood-vessels and nerves to the femur, +and also contains fibrous tissue from outside the joint. It is known as +the _ligamentum teres_. + + _Comparative Anatomy._--Bland Sutton regards the _ilio-femoral + ligament_ as an altered muscle, the scansorius, though against this is + the fact that, in those cases in which a scansorius is present in Man, + the ligament is as strong as usual, and indeed, if it were not there + in these cases, the erect position would be difficult to maintain. He + also looks upon the _ligamentum teres_ as the divorced tendon of the + pectineus muscle. The subject requires much more investigation, but + there is every reason to believe that it is a tendon which has sunk + into the joint, though whether that of the pectineus is doubtful, + since the intra-capsular tendon comes from the ischium in Reptiles. In + many Mammals, and among them the Orang, there is no ligamentum teres. + In others, such as the Armadillo, the structure has not sunk right + into the joint, but is connected with the pubo-femoral part of the + capsule. + +The KNEE JOINT is a hinge formed by the condyles and trochlea of the +femur, the patella, and the head of the tibia. The capsule is formed in +front by the ligamentum patellae, and on each side special bands form +the lateral ligaments. On the outer side there are two of these: the +anterior or _long external lateral ligament_ is a round cord running +from the external condyle to the head of the fibula, while the posterior +is slighter and passes from the same place to the styloid process of the +fibula. The _internal lateral ligament_ is a flat band which runs from +the inner condyle of the femur to the internal surface of the tibia some +two inches below the level of the knee joint. The posterior part of the +capsule is strengthened by an oblique bundle of fibres running upward +and outward from the semimembranosus tendon, and called the _posterior +ligament of Winslow_. + +The intra-articular structures are numerous and interesting. Passing +from the head of the tibia, in front and behind the spine, are the +_anterior_ and _posterior crucial ligaments_; the former is attached to +the outer side of the intercondylar notch above, and the latter to the +inner side. These two ligaments cross like an X. The _semilunar +fibro-cartilages_--external and internal--are partial menisci, each of +which has an anterior and a posterior cornu by which they are attached +to the head of the tibia in front and behind the spine. They are also +attached round the margin of the tibial head by a _coronary ligament_, +but the external one is more movable than the internal, and this perhaps +accounts for its coronary ligament being less often ruptured and the +cartilage displaced than the inner one is. In addition to these the +external cartilage has a fibrous band, called the _ligament of +Wrisberg_, which runs up to the femur just behind the posterior crucial +ligament. The external cartilage is broader, and forms more of a circle +than the internal. The synovial cavity of the knee runs up, deep to the +extensor muscles of the thigh, for about two inches above the top of the +patella, forming the _bursa suprapatellaris_. At the lower part of the +patella it covers a pad of fat, which lies between the ligamentum +patellae and the front of the head of the tibia, and is carried up as a +narrow tube to the lower margin of the trochlear surface of the femur. +This prolongation is known as the _ligamentum mucosum_, and from the +sides of its base spring two lateral folds called the _ligamenta +alaria_. The tendon of the popliteus muscle is an intra-capsular +structure, and is therefore covered with a synovial sheath. There are a +large number of bursae near the knee joint, one of which, common to the +inner head of the gastrocnemius and the semimembranosus, often +communicates with the joint. The hinge movement of the knee is +accompanied by a small amount of external rotation at the end of +extension, and a compensatory internal rotation during flexion. This +slight twist is enough to tighten up almost all the ligaments so that +they may take a share in resisting over-extension, because, in the erect +position, a vertical line from the centre of gravity of the body passes +in front of the knee. + + _Comparative Anatomy._--In some Mammals, e.g. Bradypus and + Ornithorhynchus, the knee is divided into three parts, two + condylo-tibial and one trochleo-patellar, by synovial folds which in + Man are represented by the ligamentum mucosum. In a typical Mammal the + external _semilunar cartilage_ is attached by its posterior horn to + the internal condyle of the femur only, and this explains the + _ligament of Wrisberg_ already mentioned. In the Monkeys and + anthropoid Apes this cartilage is circular. The _semilunar cartilages_ + first appear in the Amphibia, and, according to B. Sutton, are derived + from muscles which are drawn into the joint. When only one kind of + movement (hinge) is allowed, as in the fruit bat, the cartilages are + not found. In most Mammals the superior tibio-fibular joint + communicates with the knee. + + The _tibio-fibular articulations_ resemble the radio-ulnar in position + but are much less movable. The superior in Man is usually cut off i + from the knee and is a gliding joint; the middle is the interosseous + membrane, while the lower has been already used as an example of a + syndesmosis or fibrous half joint. + +The ANKLE JOINT is a hinge, the astragalus being received into a lateral +arch formed by the lower ends of the tibia and fibula. Backward +dislocation is prevented by the articular surface of the astragalus +being broader in front than behind. The anterior and posterior parts of +the capsule are feeble, but the lateral ligaments are very strong, the +external consisting of three separate fasciculi which bind the fibula to +the astragalus and calcaneum. To avoid confusion it is best to speak of +the movements of the ankle as dorsal and plantar flexion. + +[Illustration: (From D. Hepburn, _Cunningham's Text-book of Anatomy_.) + +FIG. 7.--Dissection of the Knee-joint from the front: Patella thrown +down.] + +The _tarsal joints_ resemble the carpal in being gliding articulations. +There are two between the astragalus and calcaneum, and at these +inversion and eversion of the foot largely occur. The inner arch of the +foot is maintained by a very important ligament called the +_calcaneo-navicular_ or _spring ligament_; it connects the sustentaculum +tali of the calcaneum with the navicular, and upon it the head of the +astragalus rests. When it becomes stretched, flat-foot results. The +tarsal bones are connected by dorsal, plantar and interosseous +ligaments. The _long_ and _short calcaneocuboid_ are plantar ligaments +of special importance, and maintain the outer arch of the foot. + +The _tarso-metatarsal_, _metatarso-phalangeal_ and _interphalangeal +joints_ closely resemble those of the hand, except that the +tarso-metatarsal joint of the great toe is not saddle-shaped. + + _Comparative Anatomy._--The anterior fasciculus of the external + lateral ligament of the ankle is only found in Man, and is probably an + adaptation to the erect position. In animals with a long foot, such as + the Ungulates and the Kangaroo, the lateral ligaments of the ankle are + in the form of an X, to give greater protection against lateral + movement. In certain marsupials a fibro-cartilage is developed between + the external malleolus and the astragalus, and its origin from the + deeper fibres of the external lateral ligament of the ankle can be + traced. These animals have a rotatory movement of the fibula on its + long axis, in addition to the hinge movement of the ankle. + + For further details of joints see R. Fick, _Handbuch der Gelenke_ + (Jena, 1904); H. Morris, _Anatomy of the Joints_ (London, 1879); + Quain's, Gray's and Cunningham's _Text-books of Anatomy_; J. Bland + Sutton, _Ligaments, their Nature and Morphology_ (London, 1902); F. G. + Parsons, "Hunterian Lectures on the Joints of Mammals," _Journ. Anat. + & Phys._, xxxiv. 41 and 301. (F. G. P.) + + +DISEASES AND INJURIES OF JOINTS + +The affection of the joints of the human body by specific diseases is +dealt with under various headings (RHEUMATISM, &c.); in the present +article the more direct forms of ailment are discussed. In most +joint-diseases the trouble starts either in the synovial lining or in +the bone--rarely in the articular cartilage or ligaments. As a rule, the +disease begins after an injury. There are three principal types of +injury: (1) sprain or strain, in which the ligamentous and tendinous +structures are stretched or lacerated; (2) contusion, in which the +opposing bones are driven forcibly together; (3) dislocation, in which +the articular surfaces are separated from one another. + + A _sprain_ or _strain_ of a joint means that as the result of violence + the ligaments holding the bones together have been suddenly stretched + or even torn. On the inner aspect the ligaments are lined by a + synovial membrane, so when the ligaments are stretched the synovial + membrane is necessarily damaged. Small blood-vessels are also torn, + and bleeding occurs into the joint, which may become full and + distended. If, however, bleeding does not take place, the swelling is + not immediate, but synovitis having been set up, serous effusion comes + on sooner or later. There is often a good deal of heat of the + surrounding skin and of pain accompanying the synovitis. In the case + of a healthy individual the effects of a sprain may quickly pass off, + but in a rheumatic or gouty person chronic synovitis may obstinately + remain. In a person with a tuberculous history, or of tuberculous + descent, a sprain is apt to be the beginning of serious disease of the + joint, and it should, therefore, be treated with continuous rest and + prolonged supervision. In a person of health and vigour, a sprained + joint should be at once bandaged. This may be the only treatment + needed. It gives support and comfort, and the even pressure around the + joint checks effusion into it. Wide pieces of adhesive strapping, + layer on layer, form a still more useful support, and with the joint + so treated the person may be able at once to use the limb. If + strapping is not employed, the bandage may be taken off from time to + time in order that the limb and the joint may be massaged. If the + sprain is followed by much synovitis a plaster of Paris or leather + splint may be applied, complete rest being secured for the limb. Later + on, blistering or even "firing" may be found advisable. + + _Synovitis._--When a joint has been injured, inflammation occurs in + the damaged tissue; that is inevitable. But sometimes the attack of + inflammation is so slight and transitory as to be scarcely noticeable. + This is specially likely to occur if the joint-tissues were in a state + of perfect nutrition at the time of the hurt. But if the individual or + the joint were at that time in a state of imperfect nutrition, the + effects are likely to be more serious. As a rule, it is the synovial + membrane lining the fibrous capsule of the joint which first and + chiefly suffers; the condition is termed _synovitis_. Synovitis may, + however, be due to other causes than mechanical injury, as when the + interior of the joint is attacked by the micro-organisms of pyæmia + (blood-poisoning), typhoid fever, pneumonia, rheumatism, gonorrhoea or + syphilis. Under judicious treatment the synovitis generally clears up, + but it may linger on and cause the formation of adhesions which may + temporarily stiffen the joint; or it may, especially in tuberculous, + septic or pyæmic infections, involve the cartilages, ligaments and + bones in such serious changes as to destroy the joint, and possibly + call for resection or amputation. + + The symptoms of synovitis include stiffness and tenderness in the + joint. The patient notices that movements cause pain. Effusion of + fluid takes place, and there is marked fullness in the neighbourhood. + If the inflammation is advancing, the skin over the joint may be + flushed, and if the hand is placed on the skin it feels hot. + Especially is this the case if the joint is near the surface, as at + the knee, wrist or ankle. + + The treatment of an inflamed joint demands rest. This may be + conveniently obtained by the use of a light wooden splint, padding and + bandages. Slight compression of the joint by a bandage is useful in + promoting absorption of the fluid. If the inflamed joint is in the + lower extremity, the patient had best remain in bed, or on the sofa; + if in the upper extremity, he should wear his arm in a sling. The + muscles acting on the joint must be kept in complete control. If the + inflammation is extremely acute a few leeches, followed by a + fomentation, will give relief; or an icebag or an evaporating lotion + may, by causing constriction of the blood-vessels, lessen the + congestion of the part and the associated pain. As the inflammation is + passing off, massage of the limb and of the joint will prove useful. + If the inflammation is long continued, the limb must still be kept at + rest. By this time it may be found that some other material for the + retentive apparatus is more convenient and comfortable, as, for + instance, undressed leather which has been moulded on wet and allowed + to dry and harden; poro-plastic felt, which has been softened by heat + and applied limp, or house-flannel which has been dipped in a creamy + mixture of plaster-of-Paris and water, and secured by a bandage. + + _Chronic Disease of a Joint_ may be the tailing off of an acute + affection, and under the influence of alternate douchings of hot and + cold water, of counter-irritation by blistering or "firing," and of + massage, it may eventually clear up, especially if the general health + of the individual is looked after. But if chronic disease lingers in + the joint of a child or young person, the probability of its being + under the influence of tuberculous infection must be considered. In + such a case prolonged and absolute rest is the one thing necessary. If + the disease be in the hip, knee, ankle or foot, the patient may be + fitted with an appropriate Thomas's splint and allowed to walk about, + for it is highly important to have these patients out in the fresh + air. If the disease be in the shoulder, elbow, wrist or hand, a + leather or poro-plastic splint should be moulded on, and the arm worn + in a sling. There must be no hurry; convalescence will needs be slow. + And if the child can be sent to a bracing sea-side place it will be + much in his favour. + + As the disease clears up, the surface heat, the pains and the + tenderness having disappeared, and the joint having so diminished in + size as to be scarcely larger than its fellow--though the wasting of + the muscles of the limb may cause it still to appear considerably + enlarged--the splint may be gradually left off. This remission may be + for an hour or two every other day; then every other night; then every + other day, and so on, the freedom being gained little by little, and + the surgeon watching the case carefully. On the slightest indication + of return of trouble, the former restrictive measures must be again + resorted to. Massage and gentle exercises may be given day by day, but + there must be no thought of "breaking down the stiffness." Many a + joint has in such circumstances been wrecked by the manipulations of a + "bone-setter." + + _Permanent Stiffness._--During the treatment of a case of chronic + disease of a joint, the question naturally arises as to whether the + joint will be left permanently stiff. People have the idea that if an + inflamed joint is kept long on a splint, it may eventually be found + permanently stiff. And this is quite correct. But it should be clearly + understood that it is not the _rest_ of the inflamed joint which + causes the stiffness. The matter should be put thus: in tuberculous + and other forms of chronic disease stiffness may ensue in spite of + long-continued rest. It is the destructive disease, not the enforced + rest which causes it; for inflammation of a joint rest is absolutely + necessary. + + The _Causes of permanent Stiffness_ are the destructive changes + wrought by the inflammation. In one case it may be that the synovial + membrane is so far destroyed by the tuberculous or septic invasion + that its future usefulness is lost, and the joint ever afterwards + creaks at its work and easily becomes tired and painful. Thus the + joint is crippled but not destroyed. In another case the ligaments and + the cartilages are implicated as well as the synovial membrane, and + when the disease clears up, the bones are more or less locked, only a + small range of motion being left, which forcible flexion and other + methods of vigorous treatment are unable materially to improve. In + another set of cases the inflammatory germs quickly destroy the soft + tissues of the joint, and then invade the bones, and, the disease + having at last come to an end, the softened ends of the bones solidly + join together like the broken fragments in simple fracture. As a + result, osseous solidification of the joint (_synostosis_) ensues + without, of course, the possibility of any movement. And, inasmuch as + the surgeon cannot tell in any case whether the disease may not + advance in this direction, he is careful to place the limb in that + position in which it will be most useful if the bony union should + occur. Thus, the leg is kept straight, and the elbow bent. + + In the course of a tuberculous or other chronic disease of a joint, + the germs of septic disease may find access to the inflamed area, + through a wound or ulceration into the joint, or by the germs being + carried thither by the blood-stream. A _joint-abscess_ results, which + has to be treated by incision and fomentations. If chronic suppuration + continues, it may become necessary to scrape out or to excise the + joint, or even to amputate the limb. And if tuberculous disease of the + joint is steadily progressing in spite of treatment, vigorous measures + may be needed to prevent the fluid from quietly ulcerating its way out + and thus inviting the entrance of septic germs. The fluid may need to + be drawn off by aspiration, and direct treatment of the diseased + synovial membrane may be undertaken by injections of chloride of zinc + or some other reagent. Or the joint may need scraping out with a sharp + spoon with the view of getting rid of the tuberculous material. Later, + excision may be deemed necessary, or in extreme cases, amputation. But + before these measures are considered, A. C. G. Bier's method of + treatment by passive congestion, and the treatment by serum + injection, will probably have been tried. If a joint is left + permanently stiff in an awkward and useless position, the limb may be + greatly improved by excision of the joint. Thus, if the knee is left + bent and the joint is excised a useful, straight limb may be obtained, + somewhat shortened, and, of course, permanently stiff. If after + disease of the hip-joint the thigh remains fixed in a faulty position, + it may be brought down straight by dividing the bone near the upper + end. A stiff shoulder or elbow may be converted into a useful, movable + joint by excision of the articular ends of the bones. + + A _stiff joint_ may remain as the result of long continued + inflammation; the unused muscles are wasted and the joint in + consequence looks large. Careful measurement, however, may show that + it is not materially larger than its fellow. And though all tenderness + may have passed away, and though the neighbouring skin is no longer + hot, still the joint remains stiff and useless. No progress being made + under the influence of massage, or of gentle exercises, the surgeon + may advise that the lingering adhesion be broken down under an + anaesthetic, after which the function of the joint may quickly return. + + There are the cases over which the "bone-setter" secures his greatest + triumphs. A qualified practitioner may have been for months + judiciously treating an inflamed joint by rest, and then feels a + hesitation with regard to suddenly flexing the stiffened limb. The + "bone-setter," however, has no such qualms, and when the case passes + out of the hands of the perhaps over-careful surgeon, the unqualified + practitioner (because he, from a scientific point of view, knows + nothing) fears nothing, and, breaking down inflammatory adhesions, + sets the joint free. And his manipulations prove triumphantly + successful. But, knowing nothing and fearing nothing, he is apt to do + grievous harm in carrying out his rough treatment in other cases. + Malignant disease at the end of a bone (sarcoma), tuberculosis of a + joint, and a joint stiffened by old inflammation are to him the same + thing. "A small bone is out of place," or, "The bone is out of its + socket; it has never been put in," and a breaking down of everything + that resists his force is the result of the case being taken to him. + For the "bone-setter" has only one line of treatment. Of the + improvement which he often effects as if by magic the public are told + much. Of the cases over which the doctor has been too long devoting + skill and care, and which are set free by the "bone-setter," everybody + hears--and sometimes to the discomfiture of the medical man. But of + the cases in which irreparable damage follows his vigorous + manipulation nothing is said--of his rough usage of a tuberculous hip, + or of a sarcomatous shoulder-joint, and of the inevitable disaster and + disappointment, those most concerned are least inclined to talk! A + practical surgeon with common-sense has nothing to learn from the + "bone-setter." + + _Rheumatoid Arthritis_, or chronic _Osteo-arthritis_, is generally + found in persons beyond middle age; but it is not rare in young + people, though with them it need not be the progressive disease which + it too often is in their elders. It is an obscure affection of the + cartilage covering the joint surfaces of the bones, and it eventually + involves the bones and the ligaments. A favourite joint for it is the + knee or hip, and when one large joint is thus affected the other + joints may escape. But when the hands or feet are implicated pretty + nearly all the small joints are apt to suffer. Whether the joint is + large or small, the cartilages wear away and new bone is developed + about the ends of the bones, so that the joint is large and + mis-shapen, the fingers being knotted and the hands deformed. When the + spine is affected it becomes bowed and stiff. This is the disease + which has crippled the old people in the workhouses and almshouses, + and with them it is steadily progressive. Its early signs are + stiffness and creaking or cracking in the joints, with discomfort and + pain after exercise, and with a little effusion into the capsule of + the joint. As regards _treatment_, medicines are of no great value. + Wet, cold and damp being bad for the patient, he should be, if + possible, got into a dry, bright, sunny place, and he should dress + warmly. Perhaps there is no better place for him in the winter than + Assuan. Cairo is not so suitable as it used to be before the dam was + made, when its climate was drier. For the spring and summer certain + British and Continental watering-places serve well. But if this luxury + cannot be afforded, the patient must make himself as happy as he can + with such hot douchings and massage as he can obtain, keeping himself + warm, and his joints covered by flannel bandages and rubbed with + stimulating liniments. In people advanced or advancing in years, the + disease, as a rule, gets slowly worse, sometimes very slowly, but + sometimes rapidly, especially when its makes its appearance in the + hip, shoulder or knee as the result of an injury. In young people, + however, its course may be cut short by attention being given to the + principles stated above. + + _Charcot's Disease_ resembles osteo-arthritis in that it causes + destruction of a joint and greatly deforms it. The deformity, however, + comes on rapidly and without pain or tenderness. It is usually + associated with the symptoms of locomotor ataxy, and depends upon + disease of the nerves which preside over the nutrition of the joints. + It is incurable. + + _A Loose Cartilage, or a Displaced Cartilage in the Knee Joint_ is apt + to become caught in the hinge between the thigh bone and the leg bone, + and by causing a sudden stretching of the ligaments of the joint to + give rise to intense pain. When this happens the individual is apt to + be thrown down as he walks, for it comes on with great suddenness. And + thus he feels himself to be in a condition of perpetual insecurity. + After the joint has thus gone wrong, bleeding and serous effusion take + place into it, and it becomes greatly swollen. And if the cartilage + still remains in the grip of the bones he is unable to straighten or + bend his knee. But the surgeon by suddenly flexing and twisting the + leg may manage to unhitch the cartilage and restore comfort and + usefulness to the limb. As a rule, the slipping of a cartilage first + occurs as the result of a serious fall or of a sudden and violent + action--often it happens when the man is "dodging" at football, the + foot being firmly fixed on the ground and the body being violently + twisted at the knee. After the slipping has occurred many times, the + amount of swelling, distress and lameness may diminish with each + subsequent slipping, and the individual may become somewhat reconciled + to his condition. As regards _treatment_, a tightly fitting steel + cage-like splint, which, gripping the thigh and leg, limits the + movements of the knee to flexion and extension, may prove useful. But + for a muscular, athletic individual the wearing of this apparatus may + prove vexatious and disappointing. The only alternative is to open the + joint and remove the loose cartilage. The cartilage may be found on + operation to be split, torn or crumpled, and lying right across + between the joint-surfaces of the bones, from which nothing but an + operation could possibly have removed it. The operation is almost sure + to give complete and permanent relief to the condition, the individual + being able to resume his old exercises and amusements without fear of + the knee playing him false. It is, however, one that should not be + undertaken without due consideration and circumspection, and the + details of the operation should be carried out with the utmost care + and cleanliness. + + An accidental _wound of a joint_, as from the blade of a knife, or a + spike, entering the knee is a very serious affair, because of the risk + of septic germs entering the synovial cavity either at the time of the + injury or later. If the joint becomes thus infected there is great + swelling of the part, with redness of the skin, and with the escape of + blood-stained or purulent synovia. Absorption takes place of the + poisonous substances produced by the action of the germs, and, as a + result, great constitutional disturbance arises. Blood-poisoning may + thus threaten life, and in many cases life is saved only by + amputation. The best treatment is freely to open the joint, to wash it + out with a strong antiseptic fluid, and to make arrangement for + thorough drainage, the limb being fixed on a splint. Help may also be + obtained by increasing the patient's power of resistance to the effect + of the poisoning by injections of a serum prepared by cultivation of + the septic germs in question. If the limb is saved, there is a great + chance of the knee being permanently stiff. + + _Dislocation._--The ease with which the joint-end of a bone is + dislocated varies with its form and structure, and with the position + in which it happens to be placed when the violence is applied. The + relative frequency of fracture of the bone and dislocation of the + joint depends on the strength of the bones above and below the joint + relatively to the strength of the joint itself. The strength of the + various joints in the body is dependent upon either ligament or + muscle, or upon the shape of the bones. In the hip, for instance, all + three sources of strength are present; therefore, considering the + great leverage of the long thigh bone, the hip is rarely dislocated. + The shoulder, in order to allow of extensive movement, has no osseus + or ligamentous strength; it is, therefore, frequently dislocated. The + wrist and ankle are rarely dislocated; as the result of violence at + the wrist the radius gives way, at the ankle the fibula, these bones + being relatively weaker than the respective joints. The wrist owes its + strength to ligaments, the elbow and the ankle to the shape of the + bones. The symptoms of a dislocation are distortion and limited + movement, with absence of the grating sensation felt in fracture when + the broken ends of the bone are rubbed together. The treatment + consists in reducing the dislocation, and the sooner this replacement + is effected the better--the longer the delay the more difficult it + becomes to put things right. After a variable period, depending on the + nature of the joint and the age of the person, it may be impossible to + replace the bones. The result will be a more or less useless joint. + The administration of an anaesthetic, by relaxing the muscles, greatly + assists the operation of reduction. The length of time that a joint + has to be kept quiet after it has been restored to its normal shape + depends on its form, but, as a rule, early movement is advisable. But + when by the formation of the bones a joint is weak, as at the outer + end of the collar-bone, and at the elbow-end of the radius, prolonged + rest for the joint is necessary or dislocation may recur. + + _Congenital Dislocation at the Hip._--Possibly as a result of faulty + position of the subject during intra-uterine life, the head of the + thigh-bone leaves, or fails throughout to occupy, its normal situation + on the haunch-bone. The defect, which is a very serious one, is + probably not discovered until the child begins to walk, when its + peculiar rolling gait attracts attention. The want of fixation at the + joint permits of the surgeon thrusting up the thigh-bone, or drawing + it down in a painless, characteristic manner. + + The first thing to be done is to find out by means of the X-rays + whether a socket exists into which, under an anaesthetic, the surgeon + may fortunately be enabled to lodge the end of the thigh-bone. If this + offers no prospect of success, there are three courses open: First, + to try under an anaesthetic to manipulate the limb until the head of + the thigh-bone rests as nearly as possible in its normal position, and + then to endeavour to fix it there by splints, weights and bandaging + until a new joint is formed; second, to cut down upon the site of the + joint, to scoop out a new socket in the haunch-bone, and thrust the + end of the thigh-bone into it, keeping it fixed there as just + described; and third, to allow the child to run about as it pleases, + merely raising the sole of the foot of the short leg by a thick boot, + so as to keep the lower part of the trunk fairly level, lest secondary + curvature of the spine ensue. The first and second methods demand many + months of careful treatment in bed. The ultimate result of the second + is so often disappointing that the surgeon now rarely advises its + adoption. But, if under an anaesthetic, as the result of skilful + manipulation the head of the thigh-bone can be made to enter a more or + less rudimentary socket, the case is worth all the time, care and + attention bestowed upon it. Sometimes the results of prolonged + treatment are so good that the child eventually is able to walk with + scarce a limp. But a vigorous attempt at placing the head of the bone + in its proper position should be made in every case. (E. O.*) + + + + +JOINTS, in engineering, may be classed either (a) according to their +material, as in stone or brick, wood or metal; or (b) according to their +object, to prevent leakage of air, steam or water, or to transmit force, +which may be thrust, pull or shear; or (c) according as they are +stationary or moving ("working" in technical language). Many joints, +like those of ship-plates and boiler-plates, have simultaneously to +fulfil both objects mentioned under (b). + +All stone joints of any consequence are stationary. It being +uneconomical to dress the surfaces of the stones resting on each other +smoothly and so as to be accurately flat, a layer of mortar or other +cementing material is laid between them. This hardens and serves to +transmit the pressure from stone to stone without its being concentrated +at the "high places." If the ingredients of the cement are chosen so +that when hard the cement has about the same coefficient of +compressibility as the stone or brick, the pressure will be nearly +uniformly distributed. The cement also adheres to the surfaces of the +stone or brick, and allows a certain amount of tension to be borne by +the joint. It likewise prevents the stones from slipping one on the +other, i.e. it gives the joint very considerable shearing strength. The +composition of the cement is chosen according as it has to "set" in air +or water. The joints are made impervious to air or water by "pointing" +their outer edges with a superior quality of cement. + +Wood joints are also nearly all stationary. They are made partially +fluid-tight by "grooving and tenoning," and by "caulking" with oakum or +similar material. If the wood is saturated with water, it swells, the +edges of the joints press closer together, and the joints become tighter +the greater the water-pressure is which tends to produce leakage. +Relatively to its weaker general strength, wood is a better material +than iron so far as regards the transmission of a thrust past a joint. +So soon as a heavy pressure comes on the joint all the small +irregularities of the surfaces in contact are crushed up, and there +results an approximately uniform distribution of the pressure over the +whole area (i.e. if there be no bending forces), so that no part of the +material is unduly stressed. To attain this result the abutting surfaces +should be well fitted together, and the bolts binding the pieces +together should be arranged so as to ensure that they will not interfere +with the timber surfaces coming into this close contact. Owing to its +weak shearing strength on sections parallel to the fibre, timber is +peculiarly unfitted for tension joints. If the pieces exerting the pull +are simply bolted together with wooden or iron bolts, the joint cannot +be trusted to transmit any considerable force with safety. The stresses +become intensely localized in the immediate neighborhood of the bolts. A +tolerably strong timber tension-joint can, however, be made by making +the two pieces abut, and connecting them by means of iron plates +covering the joint and bolted to the sides of the timbers by bolts +passing through the wood. These plates should have their surfaces which +lie against the wood ribbed in a direction transverse to the pull. The +bolts should fit their holes slackly, and should be well tightened up so +as to make the ribs sink into the surface of the timber. There will then +be very little localized shearing stress brought upon the interior +portions of the wood. + +Iron and the other commonly used metals possess in variously high +degrees the qualities desirable in substances out of which joints are to +be made. The joint ends of metal pieces can easily be fashioned to any +advantageous form and size without waste of material. Also these metals +offer peculiar facilities for the cutting of their surfaces at a +comparatively small cost so smoothly and evenly as to ensure the close +contact over their whole areas of surfaces placed against each other. +This is of the highest importance, especially in joints designed to +transmit force. Wrought iron and mild steel are above all other metals +suitable for tension joints where there is not continuous rapid motion. +Where such motion occurs, a layer, or, as it is technically termed, a +"bush," of brass is inserted underneath the iron. The joint then +possesses the high strength of a wrought-iron one and at the same time +the good frictional qualities of a brass surface. Leakage past moving +metal joints can be prevented by cutting the surfaces very accurately to +fit each other. Steam-engine slide-valves and their seats, and piston +"packing-rings" and the cylinders they work to and fro in, may be cited +as examples. A subsidiary compressible "packing" is in other situations +employed, an instance of which may be seen in the "stuffing boxes" which +prevent the escape of steam from steam-engine cylinders through the +piston-rod hole in the cylinder cover. Fixed metal joints are made fluid +tight--(a) by caulking a riveted joint, i.e. by hammering in the edge of +the metal with a square-edged chisel (the tighter the joint requires to +be against leakage the closer must be the spacing of the rivets--compare +the rivet-spacing in bridge, ship and boiler-plate joints); (b) by the +insertion between the surfaces of a layer of one or other of various +kinds of cement, the layer being thick or thin according to +circumstances; (c) by the insertion of a layer of soft solid substance +called "packing" or "insertion." + +Apart from cemented and glued joints, most joints are formed by cutting +one or more holes in the ends of the pieces to be joined, and inserting +in these holes a corresponding number of pins. The word "pin" is +technically restricted to mean a cylindrical pin in a movable joint. The +word "bolt" is used when the cylindrical pin is screwed up tight with a +nut so as to be immovable. When the pin is not screwed, but is fastened +by being beaten down on either end, it is called a "rivet." The pin is +sometimes rectangular in section, and tapered or parallel lengthwise. +"Gibs" and "cottars" are examples of the latter. It is very rarely the +case that fixed joints have their pins subject to simple compression in +the direction of their length, though they are frequently subject to +simple tension in that direction. A good example is the joint between a +steam cylinder and its cover, where the bolts have to resist the whole +thrust of the steam, and at the same time to keep the joint steam-tight. + + + + +JOINTS, in geology. All rocks are traversed more or less completely by +vertical or highly inclined divisional planes termed _joints_. Soft +rocks, indeed, such as loose sand and uncompacted clay, do not show +these planes; but even a soft loam after standing for some time, +consolidated by its own weight, will usually be found to have acquired +them. Joints vary in sharpness of definition, in the regularity of their +perpendicular or horizontal course, in their lateral persistence, in +number and in the directions of their intersections. As a rule, they are +most sharply defined in proportion to the fineness of grain of the rock. +They are often quite invisible, being merely planes of potential +weakness, until revealed by the slow disintegrating effects of the +weather, which induces fracture along their planes in preference to +other directions in the rock; it is along the same planes that a rock +breaks most readily under the blow of a hammer. In coarse-textured +rocks, on the other hand, joints are apt to show themselves as irregular +rents along which the rock has been shattered, so that they present an +uneven sinuous course, branching off in different directions. In many +rocks they descend vertically at not very unequal distances, so that the +spaces between them are marked off into so many wall-like masses. But +this symmetry often gives place to a more or less tortuous course with +lateral joints in various apparently random directions, more especially +where in stratified rocks the beds have diverse lithological characters. +A single joint may be traced sometimes for many yards or even for +several miles, more particularly when the rock is fine-grained and +fairly rigid, as in limestone. Where the texture is coarse and unequal, +the joints, though abundant, run into each other in such a way that no +one in particular can be identified for so great a distance. The number +of joints in a mass of rock varies within wide limits. Among rocks which +have undergone little disturbance the joints may be separated from each +other by intervals of several yards. In other cases where the +terrestrial movement appears to have been considerable, the rocks are so +jointed as to have acquired therefrom a fissile character that has +almost obliterated their tendency to split along the lines of bedding. + + _The Cause of Jointing in Rocks._--The continual state of movement in + the crust of the earth is the primary cause of the majority of joints. + It is to the outermost layers of the lithosphere that joints are + confined; in what van Hise has described as the "zone of fracture," + which he estimates may extend to a depth of 12,000 metres in the case + of rigid rocks. Below the zone of fracture, joints cannot be formed, + for there the rocks tend to flow rather than break. The rocky crust, + as it slowly accommodates itself to the shrinking interior of the + earth, is subjected unceasingly to stresses which induce jointing by + tension, compression and torsion. Thus joints are produced during the + slow cyclical movements of elevation and depression as well as by the + more vigorous movements of earthquakes. Tension-joints are the most + widely spread; they are naturally most numerous over areas of + upheaval. Compression-joints are generally associated with the more + intense movements which have involved shearing, minor-faulting and + slaty cleavage. A minor cause of tension-jointing is shrinkage, due + either to cooling or to desiccation. The most striking type of + jointing is that produced by the cooling of igneous rocks, whereby a + regularly columnar structure is developed, often called basaltic + structure, such as is found at the Giant's Causeway. This structure is + described in connexion with modern volcanic rocks, but it is met with + in igneous rocks of all ages. It is as well displayed among the + felsites of the Lower Old Red Sandstone, and the basalts of + Carboniferous Limestone age as among the Tertiary lavas of Auvergne + and Vivarais. This type of jointing may cause the rock to split up + into roughly hexagonal prisms no thicker than a lead pencil; on the + other hand, in many dolerites and diorites the prisms are much + coarser, having a diameter of 3 ft. or more, and they are more + irregular in form; they may be so long as to extend up the face of a + cliff for 300 or 400 ft. A columnar jointing has often been + superinduced upon stratified rocks by contact with intrusive igneous + masses. Sandstones, shales and coal may be observed in this condition. + The columns diverge perpendicularly from the surface of the injected + altering substance, so that when the latter is vertical, the columns + are horizontal; or when it undulates the columns follow its + curvatures. Beautiful examples of this character occur among the + coal-seams of Ayrshire. Occasionally a prismatic form of jointing may + be observed in unaltered strata; in this case it is usually among + those which have been chemically formed, as in gypsum, where, as + noticed by Jukes in the Paris Basin, some beds are divided from top to + bottom by vertical hexagonal prisms. Desiccation, as shown by the + cracks formed in mud when it dries, has probably been instrumental in + causing jointing in a limited number of cases among stratified rocks. + + _Movement along Joint Planes._--In some conglomerates the joints may + be seen traversing the enclosed pebbles as well as the surrounding + matrix; large blocks of hard quartz are cut through by them as sharply + as if they had been sliced by a lapidary's machine. A similar + phenomenon may be observed in flints as they lie embedded in the + chalk, and the same joints may be traced continuously through many + yards of rock. Such facts show that the agency to which the jointing + of rocks was due must have operated with considerable force. Further + indication of movement is supplied by the rubbed and striated surfaces + of some joints. These surfaces, termed _slickensides_, have evidently + been ground against each other. + + _Influence of Joints on Water-flow and Scenery._--Joints form natural + paths for the passage downward and upward of subterranean water and + have an important bearing upon water supply. Water obtained directly + from highly jointed rock is more liable to become contaminated by + surface impurities than that from a more compact rock through which it + has had to soak its way; for this reason many limestones are objected + to as sources of potable water. On exposed surfaces joints have great + influence in determining the rate and type of weathering. They furnish + an effective lodgment for surface water, which, frozen by lowering of + temperature, expands into ice and wedges off blocks of the rock; and + the more numerous the joints the more rapidly does the action proceed. + As they serve, in conjunction with bedding, to divide stratified rocks + into large quadrangular blocks, their effect on cliffs and other + exposed places is seen in the splintered and dislocated aspect so + familiar in mountain scenery. Not infrequently, by directing the + initial activity of weathering agents, joints have been responsible + for the course taken by large streams as well as for the type of + scenery on their banks. In limestones, which succumb readily to the + solvent action of water, the joints are liable to be gradually + enlarged along the course of the underground waterflow until caves are + formed of great size and intricacy. + + _Infilled Joints._--Joints which have been so enlarged by solution are + sometimes filled again completely or partially by minerals brought + thither in solution by the water traversing the rock; calcite, barytes + and ores of lead and copper may be so deposited. In this way many + valuable mineral veins have been formed. Widened joints may also be + filled in by detritus from the surface, or, in deep-seated portions of + the crust, by heated igneous rock, forced from below along the planes + of least resistance. Occasionally even sedimentary rocks may be forced + up joints from below, as in the case of the so-called "sandstone + dykes." + + [Illustration: Joints in Limestone Quarry near Mallow, co. Cork. (G. + V. Du Noyer.)] + + _Practical Utility of Joints._--An important feature in the joints of + stratified rocks is the direction in which they intersect each other. + As the result of observations we learn that they possess two dominant + trends, one coincident in a general way with the direction in which + the strata are inclined to the horizon, the other running transversely + approximately at right angles. The former set is known as + _dip-joints_, because they run with the _dip_ or inclination of the + rocks, the latter is termed _strike-joints_, inasmuch as they conform + to the general _strike_ or mean outcrop. It is owing to the existence + of this double series of joints that ordinary quarrying operations can + be carried on. Large quadrangular blocks can be wedged off that would + be shattered if exposed to the risk of blasting. A quarry is usually + worked on the dip of the rock, hence strike-joints form clean-cut + faces in front of the workmen as they advance. These are known as + _backs_, and the dip-joints which traverse them as _cutters_. The way + in which this double set of joints occurs in a quarry may be seen in + the figure, where the parallel lines which traverse the shaded and + unshaded faces mark the successive strata. The broad white spaces + running along the length of the quarry behind the seated figure are + strike-joints or backs, traversed by some highly inclined lines which + mark the position of the dip-joints or cutters. The shaded ends + looking towards the spectator are cutters from which the rock has been + quarried away on one side. In crystalline (igneous) rocks, bedding is + absent and very often there is no horizontal jointing to take its + place; the joint planes break up the mass more irregularly than in + stratified rocks. Granite, for example, is usually traversed by two + sets of chief or _master-joints_ cutting each other somewhat + obliquely. Their effect is to divide the rock into long quadrangular, + rhomboidal, or even polygonal columns. But a third set may often be + noticed cutting across the columns, though less continuous and + dominant than the others. When these transverse joints are few in + number, columns many feet in length can be quarried out entire. Such + monoliths have been from early times employed in the construction of + obelisks and pillars. (J. A. H.) + + + + +JOINTURE, in law, a provision for a wife after the death of her husband. +As defined by Sir E. Coke, it is "a competent livelihood of freehold for +the wife, of lands or tenements, to take effect presently in possession +or profit after the death of her husband, for the life of the wife at +least, if she herself be not the cause of determination or forfeiture of +it" (Co. Litt. 36b). A jointure is of two kinds, legal and equitable. A +legal jointure was first authorized by the Statute of Uses. Before this +statute a husband had no legal seisin in such lands as were vested in +another to his "use," but merely an equitable estate. Consequently it +was usual to make settlements on marriage, the most general form being +the settlement by deed of an estate to the use of the husband and wife +for their lives in joint tenancy (or "jointure"), so that the whole +would go to the survivor. Although, strictly speaking, a jointure is a +joint estate limited to both husband and wife, in common acceptation the +word extends also to a sole estate limited to the wife only. The +requisites of a legal jointure are: (1) the jointure must take effect +immediately after the husband's death; (2) it must be for the wife's +life or for a greater estate, or be determinable by her own act; (3) it +must be made before marriage--if after, it is voidable at the wife's +election, on the death of the husband; (4) it must be expressed to be in +satisfaction of dower and not of part of it. In equity, any provision +made for a wife before marriage and accepted by her (not being an +infant) in lieu of dower was a bar to such. If the provision was made +after marriage, the wife was not barred by such provision, though +expressly stated to be in lieu of dower; she was put to her election +between jointure and dower (see DOWER). + + + + +JOINVILLE, the name of a French noble family of Champagne, which traced +its descent from Étienne de Vaux, who lived at the beginning of the 11th +century. Geoffroi III. (d. 1184), sire de Joinville, who accompanied +Henry the Liberal, count of Champagne, to the Holy Land in 1147, +received from him the office of seneschal, and this office became +hereditary in the house of Joinville. In 1203 Geoffroi V., sire de +Joinville, died while on a crusade, leaving no children. He was +succeeded by his brother Simon, who married Beatrice of Burgundy, +daughter of the count of Auxonne, and had as his son Jean (q.v.), the +historian and friend of St Louis. Henri (d. 1374), sire de Joinville, +the grandson of Jean, became count of Vaudémont, through his mother, +Marguerite de Vaudémont. His daughter, Marguerite de Joinville, married +in 1393 Ferry of Lorraine (d. 1415), to whom she brought the lands of +Joinville. In 1552, Joinville was made into a principality for the house +of Lorraine. Mlle de Montpensier, the heiress of Mlle de Guise, +bequeathed the principality of Joinville to Philip, duke of Orleans +(1693). The castle, which overhung the Marne, was sold in 1791 to be +demolished. The title of prince de Joinville (q.v.) was given later to +the third son of King Louis Philippe. Two branches of the house of +Joinville have settled in other countries: one in England, descended +from Geoffroi de Joinville, sire de Vaucouleurs, and brother of the +historian, who served under Henry III. and Edward I.; the other, +descended from Geoffroi de Joinville, sire de Briquenay, and son of +Jean, settled in the kingdom of Naples. + + See J. Simonnet, _Essai sur l'histoire et la généalogie des seigneurs + de Joinville_ (1875); H. F. Delaborde, _Jean de Joinville et les + seigneurs de Joinville_ (1894). (M. P.*) + + + + +JOINVILLE, FRANÇOIS FERDINAND PHILIPPE LOUIS MARIE, PRINCE DE +(1818-1900), third son of Louis Phllippe, duc d'Orléans, afterwards king +of the French, was born at Neuilly on the 14th of August 1818. He was +educated for the navy, and became lieutenant in 1836. His first +conspicuous service was at the bombardment of San Juan de Ulloa, in +November 1838, when he headed a landing party and took the Mexican +general Arista prisoner with his own hand at Vera Cruz. He was promoted +captain, and in 1840 was entrusted with the charge of bringing the +remains of Napoleon from St Helena to France. In 1844 he conducted naval +operations on the coast of Morocco, bombarding Tangier and occupying +Mogador, and was recompensed with the grade of vice-admiral. In the +following year he published in the _Revue des deux mondes_ an article on +the deficiencies of the French navy which attracted considerable +attention, and by his hostility to the Guizot ministry, as well as by an +affectation of ill-will towards Great Britain, he gained considerable +popularity. The revolution of 1848 nevertheless swept him away with the +other Orleans princes. He hastened to quit Algeria, where he was then +serving, and took refuge at Claremont, in Surrey, with the rest of his +family. In 1861, upon the breaking out of the American Civil War, he +proceeded to Washington, and placed the services of his son and two of +his nephews at the disposal of the United States government. Otherwise, +he was little heard of until the overthrow of the Empire in 1870, when +he re-entered France, only to be promptly expelled by the government of +national defence. Returning incognito, he joined the army of General +d'Aurelle de Paladines, under the assumed name of Colonel Lutherod, +fought bravely before Orleans, and afterwards, divulging his identity, +formally sought permission to serve. Gambretta, however, arrested him +and sent him back to England. In the National Assembly, elected in +February 1871, the prince was returned by two departments and elected to +sit for the Haute Marne, but, by an arrangement with Thiers, did not +take his seat until the latter had been chosen president of the +provincial republic. His deafness prevented him from making any figure +in the assembly, and he resigned his seat in 1876. In 1886 the +provisions of the law against pretenders to the throne deprived him of +his rank as vice-admiral, but he continued to live in France, and died +in Paris on the 16th of June 1900. He had married in 1843 the princess +Francisca, sister of Pedro II., emperor of Brazil, and had a son, the +duc de Penthièvre (born in 1845), also brought up to the navy, and a +daughter Françoise (1844- ) who married the duc de Chartres in 1863. + + The prince de Joinville was the author of several essays and pamphlets + on naval affairs and other matters of public interest, which were + originally published for the most part either unsigned or + pseudonymously, and subsequently republished under his own name after + the fall of the Empire. They include _Essais sur la marine française_ + (1853); _Études sur la marine_ (1859 and 1870); _La Guerre d'Amérique, + campagne du Potomac_ (1862 and 1872); _Encore un mot sur Sadowa_ + (Brussels, 1868); and _Vieux souvenirs_ (1894). + + + + +JOINVILLE, JEAN, SIRE DE (1224-1319), was the second great writer of +history in Old French, and in a manner occupies the interval between +Villehardouin and Froissart. Numerous minor chroniclers fill up the +gaps, but no one of them has the idiosyncrasy which distinguishes these +three writers, who illustrate the three periods of the middle +ages--adolescence, complete manhood, and decadence. Joinville was the +head of a noble family of the province of Champagne (see JOINVILLE, +above). The provincial court of the counts of Champagne had long been a +distinguished one, and the action of Thibaut the poet, together with the +proximity of the district to Paris, made the province less rebellious +than most of the great feudal divisions of France to the royal +authority. Joinville's first appearance at the king's court was in 1241, +on the occasion of the knighting of Louis IX.'s younger brother +Alphonse. Seven years afterwards he took the cross, thereby giving St +Louis a valuable follower, and supplying himself with the occasion of an +eternal memory. The crusade, in which he distinguished himself equally +by wisdom and prowess, taught his practical spirit several lessons. He +returned with the king in 1254. But, though his reverence for the +personal character of his prince seems to have known no bounds, he had +probably gauged the strategic faculties of the saintly king, and he +certainly had imbibed the spirit of the dictum that a man's first duties +are those to his own house. He was in the intervals of residence on his +own fief a constant attendant on the court, but he declined to accompany +the king on his last and fatal expedition. In 1282 he was one of the +witnesses whose testimony was formally given at St Denis in the matter +of the canonization of Louis, and in 1298 he was present at the +exhumation of the saint's body. It was not till even later that he began +his literary work, the occasion being a request from Jeanne of Navarre, +the wife of Philippe le Bel and the mother of Louis le Hutin. The great +interval between his experiences and the period of the composition of +his history is important for the due comprehension of the latter. Some +years passed before the task was completed, on its own showing, in +October 1309. Jeanne was by this time dead, and Joinville presented his +book to her son Louis the Quarreller. This original manuscript is now +lost, whereby hangs a tale. Great as was his age, Joinville had not +ceased to be actively loyal, and in 1315 he complied with the royal +summons to bear arms against the Flemings. He was at Joinville again in +1317, and on the 11th of July 1319 he died at the age of ninety-five, +leaving his possessions and his position as seneschal of Champagne to +his second son Anselm. He was buried in the neighbouring church of St +Laurent, where during the Revolution his bones underwent profanation. +Besides his _Histoire de Saint Louis_ and his _Credo_ or "Confession of +Faith" written much earlier, a considerable number, relatively speaking, +of letters and business documents concerning the fief of Joinville and +so forth are extant. These have an importance which we shall consider +further on; but Joinville owes his place in general estimation only to +his history of his crusading experiences and of the subsequent fate of +St Louis. + +Of the famous French history books of the middle ages Joinville's bears +the most vivid impress of the personal characteristics of its composer. +It does not, like Villehardouin, give us a picture of the temper and +habits of a whole order or cast of men during a heroic period of human +history; it falls far short of Froissart in vivid portraying of the +picturesque and external aspects of social life; but it is a more +personal book than either. The age and circumstances of the writer must +not be forgotten in reading it. He is a very old man telling of +circumstances which occurred in his youth. He evidently thinks that the +times have not changed for the better--what with the frequency with +which the devil is invoked in modern France, and the sinful expenditure +common in the matter of embroidered silk coats. But this laudation of +times past concentrates itself almost wholly on the person of the +sainted king whom, while with feudal independence he had declined to +swear fealty to him, "because I was not his man," he evidently regarded +with an unlimited reverence. His age, too, while garrulous to a degree, +seems to have been free from the slightest taint of boasting. No one +perhaps ever took less trouble to make himself out a hero than +Joinville. He is constantly admitting that on such and such an occasion +he was terribly afraid; he confesses without the least shame that, when +one of his followers suggested defiance of the Saracens and voluntary +death, he (Joinville) paid not the least attention to him; nor does he +attempt to gloss in any way his refusal to accompany St Louis on his +unlucky second crusade, or his invincible conviction that it was better +to be in mortal sin than to have the leprosy, or his decided preference +for wine as little watered as might be, or any other weakness. Yet he +was a sincerely religious man, as the curious _Credo_, written at Acre +and forming a kind of anticipatory appendix to the history, sufficiently +shows. He presents himself as an altogether human person, brave enough +in the field, and, at least when young, capable of extravagant devotion +to an ideal, provided the ideal was fashionable, but having at bottom a +sufficient respect for his own skin and a full consciousness of the side +on which his bread is buttered. Nor can he be said to be in all respects +an intelligent traveller. There were in him what may be called +glimmerings of deliberate literature, but they were hardly more than +glimmerings. His famous description of Greek fire has a most provoking +mixture of circumstantial detail with absence of verifying particulars. +It is as matter-of-fact and comparative as Dante, without a touch of +Dante's genius. "The fashion of Greek fire was such that it came to us +as great as a tun of verjuice, and the fiery tail of it was as big as a +mighty lance; it made such noise in the coming that it seemed like the +thunder from heaven, and looked like a dragon flying through the air; so +great a light did it throw that throughout the host men saw as though it +were day for the light it threw." Certainly the excellent seneschal has +not stinted himself of comparisons here, yet they can hardly be said to +be luminous. That the thing made a great flame, a great noise, and +struck terror into the beholder is about the sum of it all. Every now +and then indeed a striking circumstance, strikingly told, occurs in +Joinville, such as the famous incident of the woman who carried in one +hand a chafing dish of fire, in the other a phial of water, that she +might burn heaven and quench hell, lest in future any man should serve +God merely for hope of the one or fear of the other. But in these cases +the author only repeats what he has heard from others. On his own +account he is much more interested in small personal details than in +greater things. How the Saracens, when they took him prisoner, he being +half dead with a complication of diseases, kindly left him "un mien +couverture d'écarlate" which his mother had given him, and which he put +over him, having made a hole therein and bound it round him with a cord; +how when he came to Acre in a pitiable condition an old servant of his +house presented himself, and "brought me clean white hoods and combed my +hair most comfortably", how he bought a hundred tuns of wine and served +it--the best first, according to high authority--well-watered to his +private soldiers, somewhat less watered to the squires, and to the +knights neat, but with a suggestive phial of the weaker liquid to mix +"si comme ils vouloient"--these are the details in which he seems to +take greatest pleasure, and for readers six hundred years after date +perhaps they are not the least interesting details. + +It would, however, be a mistake to imagine that Joinville's book is +exclusively or even mainly a chronicle of small beer. If he is not a +Villehardouin or a Carlyle, his battlepieces are vivid and truthful, and +he has occasional passages of no small episodic importance, such as that +dealing with the Old Man of the Mountain. But, above all, the central +figure of his book redeems it from the possibility of the charge of +being commonplace or ignoble. To St Louis Joinville is a nobler Boswell; +and hero-worshipper, hero, and heroic ideal all have something of the +sublime about them. The very pettiness of the details in which the good +seneschal indulges as to his own weakness only serves to enhance the +sublime unworldliness of the king. Joinville is a better warrior than +Louis, but, while the former frankly prays for his own safety, the +latter only thinks of his army's when they have escaped from the hands +of the aliens. One of the king's knights boasts that ten thousand pieces +have been "forcontés" (counted short) to the Saracens; and it is with +the utmost trouble that Joinville and the rest can persuade the king +that this is a joke, and that the Saracens are much more likely to have +got the advantage. He warns Joinville against wine-bibbing, against bad +language, against all manner of foibles small and great; and the pupil +acknowledges that this physician at any rate had healed himself in these +respects. It is true that he is severe towards infidels; and his +approval of the knight who, finding a Jew likely to get the better of a +theological argument, resorted to the baculine variety of logic, does +not meet the views of the 20th century. But Louis was not of the 20th +century but of the 13th, and after his kind he certainly deserved +Joinville's admiration. Side by side with his indignation at the idea of +cheating his Saracen enemies may be mentioned his answer to those who +after Taillebourg complained that he had let off Henry III. too easily. +"He is my man now, and he was not before," said the king, a most +unpractical person certainly, and in some ways a sore saint for France. +But it is easy to understand the half-despairing adoration with which a +shrewd and somewhat prosaic person like Joinville must have regarded +this flower of chivalry born out of due time. He has had his reward, for +assuredly the portrait of St Louis, from the early collection of +anecdotes to the last hearsay sketch of the woeful end at Tunis, with +the famous _enseignement_ which is still the best summary of the +theoretical duties of a Christian king in medieval times, is such as to +take away all charge of vulgarity or mere _commérage_ from Joinville, a +charge to which otherwise he might perhaps have been exposed. + +The arrangement of the book is, considering its circumstances and the +date of its composition, sufficiently methodical. According to its own +account it is divided into three parts--the first dealing generally with +the character and conduct of the hero; the second with his acts and +deeds in Egypt, Palestine, &c., as Joinville knew them; the third with +his subsequent life and death. Of these the last is very brief, the +first not long; the middle constitutes the bulk of the work. The +contents of the first part are, as might be expected, miscellaneous +enough, and consist chiefly of stories chosen to show the valour of +Louis, his piety, his justice, his personal temperance, and so forth. +The second part enters upon the history of the crusade itself, and tells +how Joinville pledged all his land save so much as would bring in a +thousand livres a year, and started with a brave retinue of nine knights +(two of whom besides himself wore bannerets), and shared a ship with the +sire d'Aspremont, leaving Joinville without raising his eyes, "pour ce +que le cuer ne me attendrisist du biau chastel que je lessoie et de mes +deux enfans"; how they could not get out of sight of a high mountainous +island (Lampedusa or Pantellaria) till they had made a procession round +the masts in honour of the Virgin; how they reached first Cyprus and +then Egypt; how they took Damietta, and then entangled themselves in the +Delta. Bad generalship, which is sufficiently obvious, unwholesome +food--it was Lent, and they ate the Nile fish which had been feasting on +the carcases of the slain--and Greek fire did the rest, and personal +valour was of little avail, not merely against superior numbers and +better generals, but against dysentery and a certain "mal de l'ost" +which attacked the mouth and the legs, a curious human version of a +well-known bestial malady. After ransom Acre was the chief scene of +Louis's stay in the East, and here Joinville lived in some state, and +saw not a few interesting things, hearing besides much gossip as to the +inferior affairs of Asia from ambassadors, merchants and others. At last +they journeyed back again to France, not without considerable +experiences of the perils of the deep, which Joinville tells with a good +deal of spirit. The remainder of the book is very brief. Some anecdotes +of the king's "justice," his favourite and distinguishing attribute +during the sixteen years which intervened between the two crusades, are +given; then comes the story of Joinville's own refusal to join the +second expedition, a refusal which bluntly alleged the harm done by the +king's men who stayed at home to the vassals of those who went abroad as +the reason of Joinville's resolution to remain behind. The death of the +king at Tunis, his _enseignement_ to his son, and the story of his +canonization complete the work. + + The book in which this interesting story is told has had a literary + history which less affects its matter than the vicissitudes to which + Froissart has been subjected, but which is hardly less curious in its + way. There is no reason for supposing that Joinville indulged in + various editions, such as those which have given Kervyn de Lettenhove + and Siméon Luce so much trouble, and which make so vast a difference + between the first and the last redaction of the chronicler of the + Hundred Years' War. Indeed the great age of the seneschal of + Champagne, and his intimate first-hand acquaintance with his subject, + made such variations extremely improbable. But, whereas there is no + great difficulty (though much labour) in ascertaining the original and + all subsequent texts of Froissart, the original text of Joinville was + until recently unknown, and even now may be said to be in the state of + a conjectural restoration. It has been said that the book was + presented to Louis le Hutin. Now we have a catalogue of Louis le + Hutin's library, and, strange to say, Joinville does not figure in it. + His book seems to have undergone very much the same fate as that which + befell the originals of the first two volumes of the _Paston Letters_ + which Sir John Fenn presented to George the Third. Several royal + library catalogues of the 14th century are known, but in none of these + does the _Histoire de St Louis_ appear. It does appear in that of + Charles V. (1411), but apparently no copy even of this survives. As + everybody knows, however, books could be and were multiplied by the + process of copying tolerably freely, and a copy at first or second + hand which belonged to the fiddler king René of Provence in the 15th + century was used for the first printed edition in 1547. Other editions + were printed from other versions, all evidently posterior to the + original. But in 1741 the well-known medievalist La Curne de St Palaye + found at Lucca a manuscript of the 16th century, evidently + representing an older text than any yet printed. Three years later a + 14th-century copy was found at Brussels, and this is the standard + manuscript authority for the text of Joinville. Those who prefer to + rest on MS. authority will probably hold to this text, which appears + in the well-known collection of Michaud and Poujoulat as well as that + of Buchon, and in a careful and useful separate edition by Francisque + Michel. The modern science of critical editing, however, which applies + to medieval texts the principles long recognized in editing the + classics, has discovered in the 16th-century manuscript, and still + more in the original miscellaneous works of Joinville, the letters, + deeds, &c., already alluded to, the materials for what we have already + called a conjectural restoration, which is not without its interest, + though perhaps it is possible for that interest to be exaggerated. + + For merely general readers Buchon's or Michaud's editions of Joinville + will amply suffice. Both include translations into modern French, + which, however, are hardly necessary, for the language is very easy. + Natalis de Wailly's editions of 1868 and particularly 1874 are + critical editions, embodying the modern research connected with the + text, the value of which is considerable, but contestable. They are + accompanied by ample annotations and appendices, with illustrations of + great merit and value. Much valuable information appeared for the + first time in the edition of F. Michel (1859). To these may be added + A. F. Didot's _Études sur Joinville_ (1870) and H. F. Delaborde's + _Jean de Joinville_ (1894). A good sketch of the whole subject will be + found in Aubertin's _Histoire de la langue et de la littérature + françaises au moyen âge_, ii. 196-211; see also Gaston Paris, _Litt. + française au moyen âge_ (1893), and A. Debidour, _Les Chroniqueurs_ + (1888). There are English translations by T. Johnes (1807), J. Hutton + (1868), Ethel Wedgwood (1906), and (more literally) Sir F. T. Marzials + ("Everyman's Library," 1908). (G. Sa.) + + + + +JOIST, in building, one of a row or tier of beams set edgewise from one +wall or partition to another and carrying the flooring boards on the +upper edge and the laths of the ceiling on the lower. In double flooring +there are three series of joists, _binding_, _bridging_, and _ceiling_ +joists. The binding joists are the real support of the floor, running +from wall to wall, and carrying the bridging joists above and the +ceiling joists below (see CARPENTRY), The Mid. Eng. form of the word +was _giste_ or _gyste_, and was adapted from O. Fr. _giste_, modern +_gîte_, a beam supporting the platform of a gun. By origin the word +meant that on which anything lies or rests (_gésir_, to lie; Lat. +_jacere_). + +The English word "gist," in such phrases as "the gist of the matter," +the main or central point in an argument, is a doublet of joist. +According to Skeat, the origin of this meaning is an O. Fr. proverbial +expression, _Je sçay bien où gist le lièvre_, I know well where the hare +lies, i.e. I know the real point of the matter. + + + + +JÓKAI, MAURUS (1825-1904), Hungarian novelist, was born at Rév-Komárom +on the 19th of February 1825. His father, Joseph, was a member of the +Asva branch of the ancient Jókay family; his mother was a scion of the +noble Pulays. The lad was timid and delicate, and therefore educated at +home till his tenth year, when he was sent to Pressburg, subsequently +completing his education at the Calvinist college at Pápá, where he +first met Petöfi, Alexander Kozma, and several other brilliant young men +who subsequently became famous. His family had meant him to follow the +law, his father's profession, and accordingly the youth, always +singularly assiduous, plodded conscientiously through the usual +curriculum at Kecskemet and Pest, and as a full-blown advocate actually +succeeded in winning his first case. But the drudgery of a lawyer's +office was uncongenial to the ardently poetical youth, and, encouraged +by the encomiums pronounced by the Hungarian Academy upon his first +play, _Zsidó fiu_ ("The Jew Boy"), he flitted, when barely twenty, to +Pest in 1845 with a MS. romance in his pocket; he was introduced by +Petöfi to the literary notabilities of the Hungarian capital, and the +same year his first notable romance _Hétköznapok_ ("Working Days"), +appeared, first in the columns of the _Pesti Dievatlap_, and +subsequently, in 1846, in book form. _Hétköznapok_, despite its manifest +crudities and extravagances, was instantly recognized by all the leading +critics as a work of original genius, and in the following year Jókai +was appointed the editor of _Életképek_, the leading Hungarian literary +journal, and gathered round him all the rising talent of the country. On +the outbreak of the revolution of 1848 the young editor enthusiastically +adopted the national cause, and served it with both pen and sword. Now, +as ever, he was a moderate Liberal, setting his face steadily against +all excesses; but, carried away by the Hungarian triumphs of April and +May 1849, he supported Kossuth's fatal blunder of deposing the Hapsburg +dynasty, and though, after the war was over, his life was saved by an +ingenious stratagem of his wife, the great tragic actress, Roza Benke +Laborfalvi, whom he had married on the 29th of August 1848, he lived for +the next fourteen years the life of a political suspect. Yet this was +perhaps the most glorious period of his existence, for during it he +devoted himself to the rehabilitation of the proscribed and humiliated +Magyar language, composing in it no fewer than thirty great romances, +besides innumerable volumes of tales, essays, criticisms and facetiæ. +This was the period of such masterpieces as _Erdély Arany Kord_ ("The +Golden Age of Transylvania"), with its sequel _Törökvilág +Magyarországon_ ("The Turks in Hungary"), _Egy Magyar Nábob_ ("A +Hungarian Nabob"), _Karpáthy Zoltán, Janicsárok végnapjai_ ("The Last +Days of the Janissaries"), _Szomorú napok_ ("Sad Days"). On the +re-establishment of the Hungarian constitution by the Composition of +1867, Jókai took an active part in politics. As a constant supporter of +the Tisza administration, not only in parliament, where he sat +continuously for more than twenty years, but also as the editor of the +government organ, _Hon_, founded by him in 1863, he became a power in +the state, and, though he never took office himself, frequently +extricated the government from difficult places. In 1897 the emperor +appointed him a member of the upper house. As a suave, practical and +witty debater he was particularly successful. Yet it was to literature +that he continued to devote most of his time, and his productiveness +after 1870 was stupendous, amounting to some hundreds of volumes. +Stranger still, none of this work is slipshod, and the best of it +deserves to endure. Amongst the finest of his later works may be +mentioned the unique and incomparable _Az arany ember_ ("A Man of +Gold")--translated into English under the title of _Timar's Two +Worlds_--and _A téngerzemü hölgy_ ("Eyes like the Sea"), the latter of +which won the Academy's prize in 1890. He died at Budapest on the 5th of +May 1904; his wife having predeceased him in 1886. Jókai was an +arch-romantic, with a perfervid Oriental imagination, and humour of the +purest, rarest description. If one can imagine a combination, in almost +equal parts, of Walter Scott, William Beckford, Dumas _père_, and +Charles Dickens, together with the native originality of an ardent +Magyar, one may perhaps form a fair idea of the great Hungarian +romancer's indisputable genius. + + See Névy László, _Jókai Mór_; Hegedúsis Sándor, _Jókai Mórról_; H. W. + Temperley, "Maurus Jokai and the Historical Novel," _Contemporary + Review_ (July 1904). + + + + +JOKJAKARTA, or JOKJOKARTA (more correctly JOKYAKARTA; Du. +_Djokjakarta_), a residency of the island of Java, Dutch East Indies, +bounded N. by Kedu and Surakarta, E. by Surakarta, S. by the Indian +Ocean, W. by Bagelen. Pop. (1897), 858,392. The country is mountainous +with the exception of a wedge-like strip in the middle between the +rivers Progo and Upak. In the north-west are the southern slopes of the +volcano Merapi, and in the east the Kidul hills and the plateau of Sewu. +The last-named is an arid and scantily populated chalk range, with +numerous small summits, whence it is also known as the Thousand Hills. +The remainder of the residency is well-watered and fertile, important +irrigation works having been carried out. Sugar, rice and indigo are +cultivated; salt-making is practised on the coast. The minerals include +coal-beds in the Kidul hills and near Nangulan, marble and gold in the +neighbourhood of Kalasan. The natives are poor, owing chiefly to +maladministration, the use of opium and the usury practised by +foreigners (Chinese, Arabs, &c.). The principality is divided between +the sultan (vassal of the Dutch government) and the so-called +independent prince Paku Alam; Ngawen and Imogiri are enclaves of +Surakarta. There are good roads, and railways connect the chief town +with Batavia, Samarang, Surakarta, &c. The town of Jokjakarta (see JAVA) +the seat of the resident, the sultan and the Paku Alam princes; its most +remarkable section is the _kraton_ or citadel of the sultan. Imogiri, +S.W. of the capital, the burial-place of the princes of Surakarta and +Jokjakarta, is guarded by priests and officials. Sentolo, Nangulan, +Brosot, Kalasan, Tempel, Wonosari are considerable villages. There are +numerous remains of Hindu temples, particularly in the neighbourhood of +Kalasan near the border of Surakarta and Prambanan, which is just across +it. Remarkable sacred grottoes are found on the coast, namely, the +so-called Nyabi Kidul and Rongkob, and at Selarong, south-east of +Jokjakarta. + + + + +JOLIET, a city and the county-seat of Will county, Illinois, U.S.A., in +the township of Joliet, in the N.E. part of the state, on the Des +Plaines river, 40 m. S.W. of Chicago. Pop. (1890), 23,264; (1900), +29,353, of whom 8536 were foreign-born, 1889 being German, 1579 +Austrian, 1206 Irish and 951 Swedish; (1910 census) 34,670. In addition +there is a large population in the immediate suburbs: that of the +township including the city was 27,438 in 1890, and 50,640 in 1910. +Joliet is served by the Atchison, Topeka & Santa Fé, the Chicago & +Alton, the Chicago, Rock Island & Pacific, the Michigan Central, the +Illinois, Iowa & Minnesota, and the Elgin, Joliet & Eastern railways, by +interurban electric lines, and is on the Illinois & Michigan canal and +the Chicago Sanitary (ship) canal. The city is situated in a narrow +valley, on both sides of the river. It is the seat of the northern +Illinois penitentiary, and has a public library (in front of which is a +statue, by S. Asbjornsen, of Louis Joliet), the township high school, +two hospitals, two Catholic academies and a club-house, erected by the +Illinois Steel Company for the use of its employees. There are two +municipal parks, West Park and Highland Park; Dellwood Park is an +amusement resort, owned by the Chicago & Joliet Electric Railway +Company. In the vicinity are large deposits of calcareous building +stone, cement and fireclay, and there are coal mines 20 m. distant. +Mineral resources and water-power have facilitated the development of +manufactures. The factory product in 1905 was valued at $33,788,700 +(20.3% more than in 1900), a large part of which was represented by +iron and steel goods. There are large industrial establishments just +outside the city limits. The first settlement on the site of Joliet +(1833) was called Juliet, in honour of the daughter of James B. +Campbell, one of the settlers. The present name was adopted in 1845, in +memory of Louis Joliet (1645-1700), the French Canadian explorer of the +Mississippi, and in 1852 a city charter was secured. + + + + +JOLLY (from O. Fr. _jolif_; Fr. _joli_, the French word is obscure in +origin; it may be from late Lat. _gaudivus_, from _gaudere_, to rejoice, +the change of _d_ to _l_ being paralleled by _cigada_ and _cigale_, or +from O. Norse _jol_, Eng. "yule," the northern festival of midwinter), +and adjective meaning gay, cheerful, jovial, high-spirited. The +colloquial use of the term as an intensive adverb, meaning extremely, +very, was in early usage quite literary; thus John Trapp (1601-1669), +_Commentaries on the New Testament, Matthew_ (1647), writes, "All was +jolly quiet at Ephesus before St Paul came hither." In the royal navy +"jolly" used as a substantive, is the slang name for a marine. To +"jolly" is a slang synonym for "chaff." The word "jolly-boat," the name +of a ship's small broad boat, usually clinker-built, is of doubtful +etymology. It occurs in English in the 18th century, and is usually +connected with Dan. or Swed. _jolle_, Dutch _jol_, a small ship's boat; +these words are properly represented in English by "yawl" originally a +ship's small boat, now chiefly used of a rig of sailing vessels, with a +cutter-rigged foremast and a small mizzen stepped far aft, with a +spanker sail (see RIGGING). A connexion has been suggested with a word +of much earlier appearance in English, _jolywat_, or _gellywatte_. This +occurs at the end of the 15th century and is used of a smaller type of +ship's boat. This is supposed to be a corruption of the French _galiote_ +or Dutch _galjoot_, galliot (see GALLEY). The galliot was, however, a +large vessel. + + + + +JOLY DE LOTBINIÈRE, SIR HENRI GUSTAVE (1829-1908), Canadian politician, +was born at Epernay in France on the 5th of December 1829. His father, +Gaspard Pierre Gustave Joly, the owner of famous vineyards at Epernay, +was of Huguenot descent, and married Julie Christine, grand-daughter of +Eustache Gaspard Michel Chartier de Lotbinière, marquis de Lotbinière +(one of Montcalm's engineers at Quebec); he thus became seigneur de +Lotbinière. Henri Gustave adopted the name of de Lotbinière in 1888, +under a statute of the province of Quebec. He was educated in Paris, and +called to the bar of lower Canada in 1858. On the 6th of May 1856 he +married Margaretta Josepha (d. 1904), daughter of Hammond Gowen, of +Quebec. At the general election of 1861 he was elected to the house of +assembly of the province of Canada as Liberal member for the county of +Lotbinière, and from 1867 to 1874 he represented the same county in the +House of Commons, Ottawa, and in the legislative assembly, Quebec. Joly +was opposed to confederation and supported Dorion in the stand which he +took on this question. In 1878 he was called by Luc Letellier de St +Just, lieutenant-governor of Quebec, to form an administration, which +was defeated in 1879, and until 1883 he was leader of the opposition. +During his brief administration he adopted a policy of retrenchment, and +endeavoured to abolish the legislative council. In 1885, as a protest +against the attitude of his party towards Louis Riel, who was tried and +executed for high treason, he retired from public life. Early in the +year 1895 he was induced again to take an active part in the campaign of +his party, and at the general election of 1896 he was returned as member +for the county of Portneuf. He had already in 1895 been created K.C.M.G. +On the formation of Sir Wilfrid Laurier's administration he accepted the +office of controller of inland revenue, and a year later he became a +privy councillor, as minister of inland revenue. From 1900 to 1906 he +was lieutenant-governor of the province of British Columbia. He twice +declined a seat in the senate, but rendered eminent service to Canada by +promoting the interest of agriculture, horticulture and of forestry. He +died on the 17th of November 1908. (A. G. D.) + + + + +JOMINI, ANTOINE HENRI, BARON (1779-1869), general in the French and +afterwards in the Russian service, and one of the most celebrated +writers on the art of war, was born on the 6th of March 1779 at Payerne +in the canton of Vaud, Switzerland, where his father was syndic. His +youthful preference for a military life was disappointed by the +dissolution of the Swiss regiments of France at the Revolution. For some +time he was a clerk in a Paris banking-house, until the outbreak of the +Swiss revolution. At the age of nineteen he was appointed to a post on +the Swiss headquarters staff, and when scarcely twenty-one to the +command of a battalion. At the peace of Lunéville in 1801 he returned to +business life in Paris, but devoted himself chiefly to preparing the +celebrated _Traité des grandes opérations militaires_, which was +published in 1804-1805. Introduced to Marshal Ney, he served in the +campaign of Austerlitz as a volunteer aide-de-camp on Ney's personal +staff. In December 1805 Napoleon, being much impressed by a chapter in +Jomini's treatise, made him a colonel in the French service. Ney +thereupon made him his principal aide-de-camp. In 1806 Jomini published +his views as to the conduct of the impending war with Prussia, and this, +along with his knowledge of Frederick the Great's campaigns, which he +had described in the _Traité_, led Napoleon to attach him to his own +headquarters. He was present with Napoleon at the battle of Jena, and at +Eylau won the cross of the Legion of Honour. After the peace of Tilsit +he was made chief of the staff to Ney, and created a baron. In the +Spanish campaign of 1808 his advice was often of the highest value to +the marshal, but Jomini quarrelled with his chief, and was left almost +at the mercy of his numerous enemies, especially Berthier, the emperor's +chief of staff. Overtures had been made to him, as early as 1807, to +enter the Russian service, but Napoleon, hearing of his intention to +leave the French army, compelled him to remain in the service with the +rank of general of brigade. For some years thereafter Jomini held both a +French and a Russian commission, with the consent of both sovereigns. +But when war between France and Russia broke out, he was in a difficult +position, which he ended by taking a command on the line of +communication. He was thus engaged when the retreat from Moscow and the +uprising of Prussia transferred the seat of war to central Germany. He +promptly rejoined Ney, took part in the battle of Lützen and, as chief +of the staff of Ney's group of corps, rendered distinguished services +before and at the battle of Bautzen, and was recommended for the rank of +general of division. Berthier, however, not only erased Jomini's name +from the list, but put him under arrest and censured him in army orders +for failing to supply certain returns that had been called for. How far +Jomini was held responsible for certain misunderstandings which +prevented the attainment of all the results hoped for from Ney's attack +(see BAUTZEN) there is no means of knowing. But the pretext for censure +was trivial and baseless, and during the armistice Jomini did as he had +intended to do in 1809-10, and went into the Russian service. As things +then were, this was tantamount to deserting to the enemy, and so it was +regarded by Napoleon and by the French army, and by not a few of his new +comrades. It must be observed, in Jomini's defence, that he had for +years held a dormant commission in the Russian army, that he had +declined to take part in the invasion of Russia in 1812, and that he was +a Swiss and not a Frenchman. His patriotism was indeed unquestioned, and +he withdrew from the Allied Army in 1814 when he found that he could not +prevent the violation of Swiss neutrality. Apart from love of his own +country, the desire to study, to teach and to practise the art of war +was his ruling motive. At the critical moment of the battle of Eylau he +exclaimed, "If I were the Russian commander for two hours!" On joining +the allies he received the rank of lieutenant-general and the +appointment of aide-de-camp from the tsar, and rendered important +assistance during the German campaign, though the charge that he +betrayed the numbers, positions and intentions of the French to the +enemy was later acknowledged by Napoleon to be without foundation. He +declined as a Swiss patriot and as a French officer to take part in the +passage of the Rhine at Basel and the subsequent invasion of France. + +In 1815 he was with the emperor Alexander in Paris, and attempted in +vain to save the life of his old commander Ney. This almost cost him +his position in the Russian service, but he succeeded in making head +against his enemies, and took part in the congress of Vienna. Resuming, +after a period of several years of retirement and literary work, his +post in the Russian army, he was about 1823 made a full general, and +thenceforward until his retirement in 1829 he was principally employed +in the military education of the tsarevich Nicholas (afterwards emperor) +and in the organization of the Russian staff college, which was opened +in 1832 and still bears its original name of the Nicholas academy. In +1828 he was employed in the field in the Russo-Turkish War, and at the +siege of Varna he was given the grand cordon of the Alexander order. +This was his last active service. In 1829 he settled at Brussels where +he chiefly lived for the next thirty years. In 1853, after trying +without success to bring about a political understanding between France +and Russia, Jomini was called to St Petersburg to act as a military +adviser to the tsar during the Crimean War. He returned to Brussels on +the conclusion of peace in 1856 and some years afterwards settled at +Passy near Paris. He was busily employed up to the end of his life in +writing treatises, pamphlets and open letters on subjects of military +art and history, and in 1859 he was asked by Napoleon III. to furnish a +plan of campaign in the Italian War. One of his last essays dealt with +the war of 1866 and the influence of the breech-loading rifle, and he +died at Passy on the 24th of March 1869 only a year before the +Franco-German War. Thus one of the earliest of the great military +theorists lived to speculate on the tactics of the present day. + + Amongst his numerous works the principal, besides the _Traité_, are: + _Histoire critique et militaire des campagnes de la Révolution_ (1806; + new ed. 1819-1824); _Vie politique et militaire de Napoléon racontée + par lui-même_ (1827) and, perhaps the best known of all his + publications, the theoretical _Précis de l'art de la guerre_ (1836). + + See Ferdinand Lecomte, _Le Général Jomini, sa vie et ses écrits_ + (1861; new ed. 1888); C. A. Saint-Beuve, _Le Général Jomini_ (1869); + A. Pascal, _Observations historiques sur la vie, &c., du général + Jomini_ (1842). + + + + +JOMMELLI, NICCOLA (1714-1774), Italian composer, was born at Aversa near +Naples on the 10th of September 1714. He received his musical education +at two of the famous music schools of that capital, being a pupil of the +Conservatorio de' poveri di Gesù Cristo under Feo, and also of the +Conservatorio della pietà dei Turchini under Prota, Mancini and Leo. His +first opera, _L'Errore amoroso_, was successfully produced at Naples +(under a pseudonym) when Jommelli was only twenty-three. Three years +afterwards he went to Rome to bring out two new operas, and thence to +Bologna, where he profited by the advice of Padre Martini, the greatest +contrapuntist of his age. In the meantime Jommelli's fame began to +spread beyond the limits of his country, and in 1748 he went for the +first time to Vienna, where one of his finest operas, _Didone_, was +produced. Three years later he returned to Italy, and in 1753 he +obtained the post of chapel-master to the duke of Württemberg at +Stuttgart, which city he made his home for a number of years. In the +same year he had ten commissions to write operas for princely courts. In +Stuttgart he permitted no operas but his own to be produced, and he +modified his style in accordance with German taste, so much that, when +after an absence of fifteen years he returned to Naples, his countrymen +hissed two of his operas off the stage. He retired in consequence to his +native village, and only occasionally emerged from his solitude to take +part in the musical life of the capital. His death took place on the +25th of August 1774, his last composition being the celebrated +_Miserere_, a setting for two female voices of Saverio Mattei's Italian +paraphrase of Psalm li. Jommelli is the most representative composer of +the generation following Leo and Durante. He approaches very closely to +Mozart in his style, and is important as one of the composers who, by +welding together German and Italian characteristics, helped to form the +musical language of the great composers of the classical period of +Vienna. + + + + +JONAH, in the Bible, a prophet born at Gath-hepher in Zebulun, perhaps +under Jeroboam (2) (781-741 B.C.?), who foretold the deliverance of +Israel from the Aramaeans (2 Kings xiv. 25). This prophet may also be +the hero of the much later book of Jonah, but how different a man is +he! It is, however, the later Jonah who chiefly interests us. New +problems have arisen out of the book which relates to him, but here we +can only attempt to consider what, in a certain sense, may be called the +surface meaning of the text. + +This, then is what we appear to be told. The prophet Jonah is summoned +to go to Nineveh, a great and wicked city (cf. 4 Esdras ii. 8, 9), and +prophesy against it. Jonah, however, is afraid (iv. 2) that the +Ninevites may repent, so, instead of going to Nineveh, he proceeds to +Joppa, and takes his passage in a ship bound for Tarshish. But soon a +storm arises, and, supplication to the gods failing, the sailors cast +lots to discover the guilty man who has brought this great trouble. The +lot falls on Jonah, who has been roughly awakened by the captain, and +when questioned frankly owns that he is a Hebrew and a worshipper of the +divine creator Yahweh, from whom he has sought to flee (as if He were +only the god of Canaan). Jonah advises the sailors to throw him into the +sea. This, after praying to Yahweh, they actually do; at once the sea +becomes calm and they sacrifice to Yahweh. Meantime God has "appointed a +great fish" which swallows up Jonah. Three days and three nights he is +in the fish's belly, till, at a word from Yahweh, it vomits Jonah on to +the dry ground. Again Jonah receives the divine call. This time he +obeys. After delivering his message to Nineveh he makes himself a booth +outside the walls and waits in vain for the destruction of the city +(probably iv. 5 is misplaced and should stand after iii. 4). Thereupon +Jonah beseeches Yahweh to take away his worthless life. As an answer +Yahweh "appoints" a small quickly-growing tree with large leaves (the +castor-oil plant) to come up over the angry prophet and shelter him from +the sun. But the next day the beneficent tree perishes by God's +"appointment" from a worm-bite. Once more God "appoints" something; it +is the east wind, which, together with the fierce heat, brings Jonah +again to desperation. The close is fine, and reminds us of Job. God +himself gives short-sighted man a lesson. Jonah has pitied the tree, and +should not God have pity on so great a city? + +Two results of criticism are widely accepted. One relates to the psalm +in ch. ii., which has been transferred from some other place; it is in +fact an anticipatory thanksgiving for the deliverance of Israel, mostly +composed of phrases from other psalms. The other is that the narrative +before us is not historical but an imaginative story (such as was called +a Midrash) based upon Biblical data and tending to edification. It is, +however, a story of high type. The narrator considered that Israel had +to be a prophet to the "nations" at large, that Israel had, like Jonah, +neglected its duty and for its punishment was "swallowed up" in foreign +lands. God had watched over His people and prepared its choicer members +to fulfil His purpose. This company of faithful but not always +sufficiently charitable men represented their people, so that it might +be said that Israel itself (the second Isaiah's "Servant of Yahweh"--see +ISAIAH) had taken up its duty, but in an ungenial spirit which grieved +the All-merciful One. The book, which is post-exilic, may therefore be +grouped with another Midrash, the Book of Ruth, which also appears to +represent a current of thought opposed to the exclusive spirit of Jewish +legalism. + +Some critics, however, think that the key of symbolism needs to be +supplemented by that of mythology. The "great fish" especially has a +very mythological appearance. The Babylonian dragon myth (see COSMOGONY) +is often alluded to in the Old Testament, e.g. in Jer. li. 44, which, as +the present writer long since pointed out, may supply the missing link +between Jonah i. 17 and the original myth. For the "great fish" is +ultimately Tiamat, the dragon of chaos, represented historically by +Nebuchadrezzar, by whom for a time God permitted or "appointed" Israel +to be swallowed up. + + For further details see T. K. Cheyne, _Ency. Bib._, "Jonah"; and his + article "Jonah, a Study in Jewish Folklore and Religion," _Theological + Review_ (1877), pp. 211-219. König, Hastings's _Dict. Bible_, "Jonah," + is full but not lucid; C. H. H. Wright, _Biblical Studies_ (1886) + argues ably for the symbolic theory. Against Cheyne, see Marti's work + on the _Minor Prophets_ (1894); the "great fish" and the "three days + and three nights" remain unexplained by this writer. On these points + see Zimmern, _K.A.T._ (3), pp. 366, 389, 508. The difficulties of the + mission of a Hebrew prophet to Asshur are diminished by Cheyne's later + theory, _Critica Biblica_ (1904), pp. 150-152. (T. K. C.) + + + + +JONAH, RABBI (ABULWALID MERWAN IBN JANAH, also R. MARINUS) (c. 990-c. +1050), the greatest Hebrew grammarian and lexicographer of the middle +ages. He was born before the year 990, in Cordova, studied in Lucena, +left his native city in 1012, and, after somewhat protracted wanderings, +settled in Saragossa, where he died before 1050. He was a physician, and +Ibn Abi Usaibia, in his treatise on Arabian doctors, mentions him as the +author of a medical work. But Rabbi Jonah saw the true vocation of his +life in the scientific investigation of the Hebrew language and in a +rational biblical exegesis based upon sound linguistic knowledge. It is +true, he wrote no actual commentary on the Bible, but his philological +works exercised the greatest influence on Judaic exegesis. His first +work--composed, like all the rest, in Arabic--bears the title +_Almustalha_, and forms, as is indicated by the word, a criticism and at +the same time a supplement to the two works of Yehuda 'Hayyuj on the +verbs with weak-sounding and double-sounding roots. These two tractates, +with which 'Hayyuj had laid the foundations of scientific Hebrew +grammar, were recognized by Abulwalid as the basis of his own +grammatical investigations, and Abraham Ibn Daud, when enumerating the +great Spanish Jews in his history, sums up the significance of R. Jonah +in the words: "He completed what 'Hayyuj had begun." The principal work +of R. Jonah is the _Kitab al Tankih_ ("Book of Exact Investigation"), +which consists of two parts, regarded as two distinct books--the _Kitab +al-Luma_ ("Book of Many-coloured Flower-beds") and the _Kitab al-usul_ +("Book of Roots"). The former (ed. J. Derenbourg, Paris, 1886) contains +the grammar, the latter (ed. Ad. Neubauer, Oxford, 1875) the lexicon of +the Hebrew language. Both works are also published in the Hebrew +translation of Yehuda Ibn Tibbon (_Sefer Ha-Rikmah_, ed. B. Goldberg, +Frankfurt am Main, 1855; _Sefer Ha-Schoraschim_, ed. W. Bacher, Berlin, +1897). The other writings of Rabbi Jonah, so far as extant, have +appeared in an edition of the Arabic original accompanied by a French +translation (_Opuscules et traités d'Abou'l Walid_, ed. Joseph and +Hartwig Derenbourg, Paris 1880). A few fragments and numerous quotations +in his principal book form our only knowledge of the _Kitab al-Tashwir_ +("Book of Refutation") a controversial work in four parts, in which +Rabbi Jonah successfully repelled the attacks of the opponents of his +first treatise. At the head of this opposition stood the famous Samuel +Ibn Nagdela (S. Ha-Nagid) a disciple of 'Hayyuj. The grammatical work of +Rabbi Jonah extended, moreover, to the domain of rhetoric and biblical +hermeneutics, and his lexicon contains many exegetical excursuses. This +lexicon is of especial importance by reason of its ample contribution to +the comparative philology of the Semitic languages--Hebrew and Arabic, +in particular. Abulwalid's works mark the culminating point of Hebrew +scholarship during the middle ages, and he attained a level which was +not surpassed till the modern development of philological science in the +19th century. + + See S. Munk, _Notice sur Abou'l Walid_ (Paris, 1851); W. Bacher, + _Leben und Werke des Abulwalid und die Quellen seiner + Schrifterklärung_ (Leipzig, 1885); id., _Aus der Schrifterklärung des + Abulwalid_ (Leipzig, 1889); id., _Die hebr.-arabische + Sprachvergleichung des Abulwalid_ (Vienna, 1884); id., _Die + hebräisch-neuhebräische und hebr.-aramäische Sprachvergleichung des + Abulwalid_ (Vienna, 1885). (W. Ba.) + + + + +JONAS, JUSTUS (1493-1555), German Protestant reformer, was born at +Nordhausen in Thuringia, on the 5th of June 1493. His real name was +Jodokus (Jobst) Koch, which he changed according to the common custom of +German scholars in the 16th century, when at the university of Erfurt. +He entered that university in 1506, studied law and the humanities, and +became Master of Arts in 1510. In 1511 he went to Wittenberg, where he +took his bachelor's degree in law. He returned to Erfurt in 1514 or +1515, was ordained priest, and in 1518 was promoted doctor in both +faculties and appointed to a well-endowed canonry in the church of St +Severus, to which a professorship of law was attached. His great +admiration for Erasmus first led him to Greek and biblical studies, and +his election in May 1519 as rector of the university was regarded as a +triumph for the partisans of the New Learning. It was not, however, +until after the Leipzig disputation with Eck that Luther won his +allegiance. He accompanied Luther to Worms in 1521, and there was +appointed by the elector of Saxony professor of canon law at Wittenberg. +During Luther's stay in the Wartburg Jonas was one of the most active of +the Wittenberg reformers. Giving himself up to preaching and polemics, +he aided the Reformation by his gift as a translator, turning Luther's +and Melanchthon's works into German or Latin as the case might be, thus +becoming a sort of double of both. He was busied in conferences and +visitations during the next twenty years, and in diplomatic work with +the princes. In 1541 he began a successful preaching crusade in Halle; +he became superintendent of its churches in 1542. In 1546 he was present +at Luther's deathbed at Eisleben, and preached the funeral sermon; but +in the same year was banished from the duchy by Maurice, duke (later +elector) of Saxony. From that time until his death, Jonas was unable to +secure a satisfactory living. He wandered from place to place preaching, +and finally went to Eisfeld (1553), where he died. He had been married +three times. + + See _Briefswechsel des Justus Jonas, gesammelt und bearbeitet von G. + Kawerau_ (2 vols., Halle, 1884-1885); Kawerau's article in + Herzog-Hauck, _Realencyklopädie_, ed. 3, with bibliography. + + + + +JONATHAN (Heb. "Yah [weh] gives"). Of the many Jewish bearers of this +name, three are well known: (1) the grandson of Moses, who was priest at +Dan (Judg. xviii. 30). The reading Manasseh (see R.V. mg.; obtained by +inserting _n_ above the consonantal text in the Hebrew) is apparently +intended to suggest that he was the son of that idolatrous king. (2) The +eldest son of Saul, who, together with his father, freed Israel from the +crushing oppression of the Philistines (1 Sam. xiii. seq.). Both are +lauded in an elegy quoted from the Book of Jashar (2 Sam. i.) for their +warm mutual love, their heroism, and their labours on behalf of the +people. Jonathan's name is most familiar for the firm friendship which +subsisted between him and David (1 Sam. xviii. 1-4; xix. 1-7; xx., xxii. +8; xxiii. 16-18), and when he fell at the battle of Gilboa and left +behind him a young child (1 Sam. xxxi.; 2 Sam. iv. 4), David took charge +of the youth and gave him a place at his court (2 Sam. ix.). See further +DAVID, SAUL. (3) The Maccabee (see JEWS; MACCABEES). + + + + +JONCIÈRES, VICTORIN (1839-1903), French composer, was born in Paris on +the 12th of April 1839. He first devoted his attention to painting, but +afterwards took up the serious study of music. He entered the Paris +Conservatoire, but did not remain there long, because he had espoused +too warmly the cause of Wagner against his professor. He composed the +following operas: _Sardanapale_ (1867), _Le Dernier jour de Pompéi_ +(1869), _Dimitri_ (1876), _La Reine Berthe_ (1878), _Le Chevalier Jean_ +(1885), _Lancelot_ (1900). He also wrote incidental music to _Hamlet_, a +symphony, and other works. Joncières' admiration for Wagner asserted +itself rather in a musical than a dramatic sense. The influence of the +German master's earlier style can be traced in his operas. Joncières, +however, adhered to the recognized forms of the French opera and did not +model his works according to the later developments of the Wagnerian +"music drama." He may indeed be said to have been at least as much +influenced by Gounod as by Wagner. From 1871 he was musical critic for +_La Liberté_. He died on the 26th of October 1903. + + + + +JONES, ALFRED GILPIN (1824-1906), Canadian politician, was born at +Weymouth, Nova Scotia, in September 1824, the son of Guy C. Jones of +Yarmouth, and grandson of a United Empire Loyalist. In 1865 he opposed +the federation of the British American provinces, and, in his anger at +the refusal of the British government to repeal such portions of the +British North America Act as referred to Nova Scotia, made a speech +which won for him the name of Haul-down-the-flag Jones. He was for many +years a member of the Federal Parliament, and for a few months in 1878 +was minister of militia under the Liberal government. Largely owing to +his influence the Liberal party refused in 1878 to abandon its Free +Trade policy, an obstinacy which led to its defeat in that year. In 1900 +he was appointed lieutenant-governor of his native province, and held +this position till his death on the 15th of March 1906. + + + + +JONES, SIR ALFRED LEWIS (1845-1909), British shipowner, was born in +Carmarthenshire, in 1845. At the age of twelve he was apprenticed to the +managers of the African Steamship Company at Liverpool, making several +voyages to the west coast of Africa. By the time he was twenty-six he +had risen to be manager of the business. Not finding sufficient scope in +this post, he borrowed money to purchase two or three small sailing +vessels, and started in the shipping business on his own account. The +venture succeeded, and he made additions to his fleet, but after a few +years' successful trading, realizing that sailing ships were about to be +superseded by steamers, he sold his vessels. About this time (1891) +Messrs. Elder, Dempster & Co., who purchased the business of the old +African Steamship Company, offered him a managerial post. This offer he +accepted, subject to Messrs. Elder, Dempster selling him a number of +their shares, and he thus acquired an interest in the business, and +subsequently, by further share purchases, its control. See further +STEAMSHIP LINES. In 1901 he was knighted. Sir Alfred Jones took a keen +interest in imperial affairs, and was instrumental in founding the +Liverpool school of tropical medicine. He acquired considerable +territorial interests in West Africa, and financial interests in many of +the companies engaged in opening up and developing that part of the +world. He also took the leading part in opening up a new line of +communication with the West Indies, and stimulating the Jamaica fruit +trade and tourist traffic. He died on the 13th of December 1909, leaving +large charitable bequests. + + + + +JONES, EBENEZER (1820-1860), British poet, was born in Islington, +London, on the 20th of January 1820. His father, who was of Welsh +extraction, was a strict Calvinist, and Ebenezer was educated at a dull, +middle-class school. The death of his father obliged him to become a +clerk in the office of a tea merchant. Shelley and Carlyle were his +spiritual masters, and he spent all his spare time in reading and +writing; but he developed an exaggerated style of thought and +expression, due partly to a defective education. The unkind reception of +his _Studies of Sensation and Event_ (1843) seemed to be the last drop +in his bitter cup of life. Baffled and disheartened, he destroyed his +manuscripts. He earned his living as an accountant and by literary hack +work, and it was not until he was rapidly dying of consumption that he +wrote his three remarkable poems, "Winter Hymn to the Snow," "When the +World is Burning" and "To Death." The fame that these and some of the +pieces in the early volume brought to their author came too late. He +died on the 14th of September 1860. + + It was not till 1870 that Dante Gabriel Rossetti praised his work in + _Notes and Queries_. Rossetti's example was followed by W. B. Scott, + Theodore Watts-Dunton, who contributed some papers on the subject to + the _Athenaeum_ (September and October 1878), and R. H. Sheppard, who + edited _Studies of Sensation and Event_ in 1879. + + + + +JONES, ERNEST CHARLES (1819-1869), English Chartist, was born at Berlin +on the 25th of January 1819, and educated in Germany. His father, an +officer in the British army, was then equerry to the duke of +Cumberland--afterwards king of Hanover. In 1838 Jones came to England, +and in 1841 published anonymously _The Wood Spirit_, a romantic novel. +This was followed by some songs and poems. In 1844 he was called to the +bar at the Middle Temple. In 1845 he joined the Chartist agitation, +quickly becoming its most prominent figure, and vigorously carrying on +the party's campaign on the platform and in the press. His speeches, in +which he openly advocated physical force, led to his prosecution, and he +was sentenced in 1848 to two years' imprisonment for sedition. While in +prison he wrote, it is said in his own blood on leaves torn from a +prayer-book, _The Revolt of Hindostan_, an epic poem. On his release he +again became the leader of what remained of the Chartist party and +editor of its organ. But he was almost its only public speaker; he was +out of sympathy with the other leading Chartists, and soon joined the +advanced Radical party. Thenceforward he devoted himself to law and +literature, writing novels, tales and political songs. He made several +unsuccessful attempts to enter parliament, and was about to contest +Manchester, with the certainty of being returned, when he died there on +the 26th of January 1869. He is believed to have sacrificed a +considerable fortune rather than abandon his Chartist principles. His +wife was Jane Atherley; and his son, Llewellyn Atherley-Jones, K.C. (b. +1851), became a well-known barrister and Liberal member of parliament. + + + + +JONES, HENRY (1831-1899), English author, well known as a writer on +whist under his _nom de guerre_ "Cavendish," was born in London on the +2nd of November 1831, being the eldest son of Henry D. Jones, a medical +practitioner. He adopted his father's profession, established himself in +1852 and continued for sixteen years in practice in London. The father +was a keen devotee of whist, and under his eye the son became early in +life a good player. He was a member of several whist clubs, among them +the "Cavendish," and in 1862 appeared his _Principles of Whist, stated +and explained by_ "_Cavendish_," which was destined to become the +leading authority as to the practice of the game. This work was followed +by treatises on the laws of piquet and écarté. "Cavendish" also wrote on +billiards, lawn tennis and croquet, and contributed articles on whist +and other games to the ninth edition of the _Encyclopaedia Britannica_. +"'Cavendish' was not a law-maker, but he codified and commented upon the +laws which had been made during many generations of card-playing." One +of the most noteworthy points in his character was the manner in which +he kept himself abreast of improvements in his favourite game. He died +on the 10th of February 1899. + + + + +JONES, HENRY ARTHUR (1851- ), English dramatist, was born at +Grandborough, Buckinghamshire, on the 28th of September 1851 the son of +Silvanus Jones, a farmer. He began to earn his living early, his spare +time being given to literary pursuits. He was twenty-seven before his +first piece, _Only Round the Corner_, was produced at the Exeter +Theatre, but within four years of his début as a dramatist he scored a +great success by _The Silver King_ (November 1882), written with Henry +Herman, a melodrama produced by Wilson Barrett at the Princess's +Theatre. Its financial success enabled the author to write a play "to +please himself." _Saints and Sinners_ (1884), which ran for two hundred +nights, placed on the stage a picture of middle-class life and religion +in a country town, and the introduction of the religious element raised +considerable outcry. The author defended himself in an article published +in the _Nineteenth Century_ (January 1885), taking for his +starting-point a quotation from the preface to Molière's _Tartuffe_. His +next serious piece was _The Middleman_ (1889), followed by _Judah_ +(1890), both powerful plays, which established his reputation. Later +plays were _The Dancing Girl_ (1891), _The Crusaders_ (1891), _The +Bauble Shop_ (1893), _The Tempter_ (1893), _The Masqueraders_ (1894), +_The Case of Rebellious Susan_ (1894), _The Triumph of the Philistines_ +(1895), _Michael and his Lost Angel_ (1896), _The Rogue's Comedy_ +(1896), _The Physician_ (1897), _The Liars_ (1897), _Carnac Sahib_ +(1899), _The Manoeuvres of Jane_ (1899), _The Lackeys' Carnival_ (1900), +_Mrs Dane's Defence_ (1900), _The Princess's Nose_ (1902), _Chance the +Idol_ (1902), _Whitewashing Julia_ (1903), _Joseph Entangled_ (1904), +_The Chevalier_ (1904), &c. A uniform edition of his plays began to be +issued in 1891; and his own views of dramatic art have been expressed +from time to time in lectures and essays, collected in 1895 as _The +Renascence of the English Drama_. + + + + +JONES, INIGO (1573-1651), English architect, sometimes called the +"English Palladio," the son of a cloth-worker, was born in London on the +15th of July 1573. It is stated that he was apprenticed to a joiner, but +at any rate his talent for drawing attracted the attention of Thomas +Howard, earl of Arundel (some say William, 3rd earl of Pembroke), +through whose help he went to study landscape-painting in Italy. His +preference soon transferred itself to architecture, and, following +chiefly the style of Palladio, he acquired at Venice such a reputation +that in 1604 he was invited by Christian IV. to Denmark, where he is +said to have designed the two great royal palaces of Rosenborg and +Frederiksborg. In the following year he accompanied Anne of Denmark to +the court of James I. of England, where, besides being appointed +architect to the queen and Prince Henry, he was employed in supplying +the designs and decorations of the court masques. After a second visit +to Italy in 1612, Jones was appointed surveyor-general of royal +buildings by James I., and was engaged to prepare designs for a new +palace at Whitehall. In 1620 he was employed by the king to investigate +the origin of Stonehenge, when he came to the absurd conclusion that it +had been a Roman temple. Shortly afterwards he was appointed one of the +commissioners for the repair of St Paul's, but the work was not begun +till 1633. Under Charles I. he enjoyed the same offices as under his +predecessor, and in the capacity of designer of the masques he came into +collision with Ben Jonson, who frequently made him the butt of his +satire. After the Civil War Jones was forced to pay heavy fines as a +courtier and malignant. He died in poverty on the 5th of July 1651. + + A list of the principal buildings designed by Jones is given in + Dallaway's edition of Walpole's _Anecdotes of Painting_, and for an + estimate of him as an architect see Fergusson's _History of Modern + Architecture_. _The Architecture of Palladio_, in 4 books, by Inigo + Jones, appeared in 1715; _The Most Notable Antiquity of Great Britain, + called Stonehenge, restored by Inigo Jones_, in 1655 (ed. with memoir, + 1725); the _Designs of Inigo Jones_, by W. Kent, in 1727; and _The + Designs of Inigo Jones_, by J. Ware, in 1757. See also G. H. Birch, + _London Churches of the XVIIth and XVIIIth Centuries_ (1896); W. J. + Loftie, _Inigo Jones and Wren, or the Rise and Decline of Modern + Architecture in England_ (1893). + + + + +JONES, JOHN (c. 1800-1882), English art collector, was born about 1800 +in or near London. He was apprenticed to a tailor, and about 1825 opened +a shop of his own in the west-end of London. In 1850 he was able to +retire from active management with a large fortune. When quite a young +man he had begun to collect articles of _vertu_. The rooms over his shop +in which he at first lived were soon crowded, and even the bedrooms of +his new house in Piccadilly were filled with art treasures. His +collection was valued at approximately £250,000. Jones died in London on +the 7th of January 1882, leaving his pictures, furniture and objects of +art to the South Kensington Museum. + + A _Catalogue of the Jones Bequest_ was published by the Museum in + 1882, and a _Handbook_, with memoir, in 1883. + + + + +JONES, JOHN PAUL (1747-1792), American naval officer, was born on the +6th of July 1747, on the estate of Arbigland, in the parish of Kirkbean +and the stewartry of Kirkcudbright, Scotland. His father, John Paul, was +gardener to Robert Craik, a member of parliament; and his mother, Jean +Macduff, was the daughter of a Highlander. Young John Paul, at the age +of twelve, became shipmaster's apprentice to a merchant of Whitehaven, +named Younger. At seventeen he shipped as second mate and in the next +year as first mate in one of his master's vessels; on being released +from his indentures, he acquired an interest in a ship, and as first +mate made two voyages between Jamaica and the Guinea coast, trading in +slaves. Becoming dissatisfied with this kind of employment, he sold his +share in the ship and embarked for England. During the voyage both the +captain and the mate died of fever, and John Paul took command and +brought the ship safely to port. The owners gave him and the crew 10% of +the cargo; after 1768, as captain of one of their merchantmen, John Paul +made several voyages to America; but for unknown reasons he suddenly +gave up his command to live in America in poverty and obscurity until +1775. During this period he assumed the name of Jones, apparently out of +regard for Willie Jones, a wealthy planter and prominent political +leader of North Carolina, who had befriended John Paul in his days of +poverty. + +When war broke out between England and her American colonies, John Paul +Jones was commissioned as a first lieutenant by the Continental +Congress, on the 22nd of December 1775. In 1776 he participated in the +unsuccessful attack on the island of New Providence, and as commander +first of the "Providence" and then of the "Alfred" he cruised between +Bermuda and Nova Scotia, inflicting much damage on British shipping and +fisheries. On the 10th of October 1776 he was promoted captain. On the +1st of November 1777 he sailed in the sloop-of-war "Ranger" for France +with despatches for the American commissioners, announcing the surrender +of Burgoyne and asking that Jones should be supplied with a swift +frigate for harassing the coasts of England. Failing to secure a +frigate, Jones sailed from Brest in the "Ranger" on the 10th of April +1778. A few days later he surprised the garrisons of the two forts +commanding the harbour of Whitehaven, a port with which he was familiar +from boyhood, spiked the guns and made an unsuccessful attempt to fire +the shipping. Four days thereafter he encountered the British +sloop-of-war "Drake," a vessel slightly superior to his in fighting +capacity, and after an hour's engagement the British ship struck her +colours and was taken to Brest. By this exploit Jones became a great +hero in the eyes of the French, just beginning a war with Great Britain. +With the rank of commodore he was now put at the head of a squadron of +five ships. His flagship, the "Duras," a re-fitted East Indiaman, was +re-named by him the "Bonhomme Richard," as a compliment to Benjamin +Franklin, whose _Poor Richard's Almanac_ was then popular in France. On +the 14th of August the five ships sailed from L'Orient, accompanied by +two French privateers. Several of the French commanders under Jones +proved insubordinate, and the privateers and three of the men-of-war +soon deserted him. With the others, however, he continued to take +prizes, and even planned to attack the port of Leith, but was prevented +by unfavourable winds. On the evening of the 23rd of September the three +men-of-war sighted two British men-of-war, the "Serapis" and the +"Countess of Scarbrough," off Flamborough Head. The "Alliance," +commanded by Captain Landais, made off, leaving the "Bonhomme Richard" +and the "Pallas" to engage the Englishmen. Jones engaged the greatly +superior "Serapis," and after a desperate battle of three and a half +hours compelled the English ship to surrender. The "Countess of +Scarbrough" had meanwhile struck to the more formidable "Pallas." Jones +transferred his men and supplies to the "Serapis," and the next day the +"Bonhomme Richard" sank. + +During the following year Jones spent much of his time in Paris. Louis +XVI. gave him a gold-hilted sword and the royal order of military merit, +and made him chevalier of France. Early in 1781 Jones returned to +America to secure a new command. Congress offered him the command of the +"America," a frigate then building, but the vessel was shortly +afterwards given to France. In November 1783 he was sent to Paris as +agent for the prizes captured in European waters under his own command, +and although he gave much attention to social affairs and engaged in +several private business enterprises, he was very successful in +collecting the prize money. Early in 1787 he returned to America and +received a gold medal from Congress in recognition of his services. + +In 1788 Jones entered the service of the empress Catherine of Russia, +avowing his intention, however, "to preserve the condition of an +American citizen and officer." As a rear-admiral he took part in the +naval campaign in the Liman (an arm of the Black Sea, into which flow +the Bug and Dnieper rivers) against the Turks, but the jealous intrigues +of Russian officers caused him to be recalled to St Petersburg for the +pretended purpose of being transferred to a command in the North Sea. +Here he was compelled to remain in idleness, while rival officers +plotted against him and even maliciously assailed his private character. +In August 1789 he left St Petersburg a bitterly disappointed man. In May +1790 he arrived in Paris, where he remained in retirement during the +rest of his life, although he made several efforts to re-enter the +Russian service. + +Undue exertion and exposure had wasted his strength before he reached +the prime of life, and after an illness, in which he was attended by the +queen's physician, he died on the 18th of July 1792. His body was +interred in the St Louis cemetery for foreign Protestants, the funeral +expenses being paid from the private purse of Pierrot François +Simmoneau, the king's commissary. In the confusion during the following +years the burial place of Paul Jones was forgotten; but in June 1899 +General Horace Porter, American ambassador to France, began a systematic +search for the body, and after excavations on the site of the old +Protestant cemetery, now covered with houses, a leaden coffin was +discovered, which contained the body in a remarkable state of +preservation. In July 1905 a fleet of American war-ships carried the +body to Annapolis, where it now rests in one of the buildings of the +naval academy. + +Jones was a seaman of great bravery and technical ability, but +over-jealous of his reputation and inclined to be querulous and +boastful. The charges by the English that he was a pirate were +particularly galling to him. Although of unprepossessing appearance, 5 +ft. 7 in. in height and slightly round-shouldered, he was noted for his +pleasant manners and was welcomed into the most brilliant courts of +Europe. + + Romance has played with the memory of Paul Jones to such an extent + that few accounts of his life are correct. Of the early biographies + the best are Sherburne's (London, 1825), chiefly a collection of + Jones's correspondence; the _Janette-Taylor Collection_ (New York, + 1830), containing numerous extracts from his letters and journals; and + the life by A. S. MacKenzie (2 vols., New York, 1846). In recent years + a number of new biographies have appeared, including A. C. Buell's (2 + vols., 1900), the trustworthiness of which has been discredited, and + Hutchins Hapgood's in the Riverside Biographical Series (1901). The + life by Cyrus Townsend Brady in the "Great Commanders Series" (1900) + is perhaps the best. + + + + +JONES, MICHAEL (d. 1649), British soldier. His father was bishop of +Killaloe in Ireland. At the outbreak of the English Civil War he was +studying law, but he soon took service in the army of the king in +Ireland. He was present with Ormonde's army in many of the expeditions +and combats of the devastating Irish War, but upon the conclusion of the +"Irish Cessation" (see ORMONDE, JAMES BUTLER, DUKE OF) he resolved to +leave the king's service for that of the parliament, in which he soon +distinguished himself by his activity and skill. In the Welsh War, and +especially at the last great victory at Rowton Heath, Jones's cavalry +was always far superior to that of the Royalists, and in reward for his +services he was made governor of Chester when that city fell into the +hands of the parliament. Soon afterwards Jones was sent again to the +Irish War, in the capacity of commander-in-chief. He began his work by +reorganizing the army in the neighbourhood of Dublin, and for some time +he carried on a desultory war of posts, necessarily more concerned for +his supplies than for a victory. But at Dungan Hill he obtained a +complete success over the army of General Preston, and though the war +was by no means ended, Jones was able to hold a large tract of country +for the parliament. But on the execution of Charles I., the war entered +upon a new phase, and garrison after garrison fell to Ormonde's +Royalists. Soon Jones was shut up in Dublin, and then followed a siege +which was regarded both in England and Ireland with the most intense +interest. On the 2nd of August 1649 the Dublin garrison relieved itself +by the brilliant action of Rathmines, in which the royal army was +practically destroyed. A fortnight later Cromwell landed with heavy +reinforcements from England. Jones, his lieutenant-general, took the +field; but on the 19th of December 1649 he died, worn out by the +fatigues of the campaign. + + + + +JONES, OWEN (1741-1814), Welsh antiquary, was born on the 3rd of +September 1741 at Llanvihangel Glyn y Myvyr in Denbighshire. In 1760 he +entered the service of a London firm of furriers, to whose business he +ultimately succeeded. He had from boyhood studied Welsh literature, and +later devoted time and money to its collection. Assisted by Edward +William of Glamorgan (Iolo Morganwg) and Dr. Owen Pughe, he published, +at a cost of more than £1000, the well-known _Myvyrian Archaiology of +Wales_ (1801-1807), a collection of pieces dating from the 6th to the +14th century. The manuscripts which he had brought together are +deposited in the British Museum; the material not utilized in the +_Myvyrian Archaiology_ amounts to 100 volumes, containing 16,000 pages +of verse and 15,300 pages of prose. Jones was the founder of the +Gwyneddigion Society (1772) in London for the encouragement of Welsh +studies and literature; and he began in 1805 a miscellany--the +_Greal_--of which only one volume appeared. An edition of the poems of +_Davydd ab Gwilym_ was also issued at his expense. He died on the 26th +of December 1814 at his business premises in Upper Thames Street, +London. + + + + +JONES, OWEN (1809-1874), British architect and art decorator, son of +Owen Jones, a Welsh antiquary, was born in London. After an +apprenticeship of six years in an architect's office, he travelled for +four years in Italy, Greece, Turkey, Egypt and Spain, making a special +study of the Alhambra. On his return to England in 1836 he busied +himself in his professional work. His forte was interior decoration, for +which his formula was: "Form without colour is like a body without a +soul." He was one of the superintendents of works for the Exhibition of +1851 and was responsible for the general decoration of the Crystal +Palace at Sydenham. Along with Digby Wyatt, Jones collected the casts of +works of art with which the palace was filled. He died in London on the +19th of April 1874. + + Owen Jones was described in the _Builder_ for 1874 as "the most potent + apostle of colour that architectural England has had in these days." + His range of activity is to be traced in his works: _Plans, Elevations + and Details of the Alhambra_ (1835-1845), in which he was assisted by + MM. Goury and Gayangos; _Designs for Mosaic and Tesselated Pavements_ + (1842); _Polychromatic Ornament of Italy_ (1845); _An Attempt to + Define the Principles which regulate the Employment of Colour in + Decorative Arts_ (1852); _Handbook to the Alhambra Court_ (1854); + _Grammar of Ornament_ (1856), a very important work; _One Thousand and + One Initial Letters_ (1864); _Seven Hundred and Two Monograms_ (1864); + and _Examples of Chinese Ornament_ (1867). + + + + +JONES, RICHARD (1790-1855), English economist, was born at Tunbridge +Wells. The son of a solicitor, he was intended for the legal profession, +and was educated at Caius College, Cambridge. Owing to ill-health, he +abandoned the idea of the law and took orders soon after leaving +Cambridge. For several years he held curacies in Sussex and Kent. In +1833 he was appointed professor of political economy at King's College, +London, resigning this post in 1835 to succeed T. R. Malthus in the +chair of political economy and history at the East India College at +Haileybury. He took an active part in the commutation of tithes in 1836 +and showed great ability as a tithe commissioner, an office which he +filled till 1851. He was for some time, also, a charity commissioner. He +died at Haileybury, shortly after he had resigned his professorship, on +the 26th of January 1855. In 1831 Jones published his _Essay on the +Distribution of Wealth and on the Sources of Taxation_, his most +important work. In it he showed himself a thorough-going critic of the +Ricardian system. + + Jones's method is inductive; his conclusions are founded on a wide + observation of contemporary facts, aided by the study of history. The + world he professed to study was not an imaginary world, inhabited by + abstract "economic men," but the real world with the different forms + which the ownership and cultivation of land, and, in general, the + conditions of production and distribution, assume at different times + and places. His recognition of such different systems of life in + communities occupying different stages in the progress of civilization + led to his proposal of what he called a "political economy of + nations." This was a protest against the practice of taking the + exceptional state of facts which exists, and is indeed only partially + realized, in a small corner of our planet as representing the uniform + type of human societies, and ignoring the effects of the early history + and special development of each community as influencing its economic + phenomena. Jones is remarkable for his freedom from exaggeration and + one-sided statement; thus, whilst holding Malthus in, perhaps, undue + esteem, he declines to accept the proposition that an increase of the + means of subsistence is necessarily followed by an increase of + population; and he maintains what is undoubtedly true, that with the + growth of population, in all well-governed and prosperous states, the + command over food, instead of diminishing, increases. + + A collected edition of Jones's works, with a preface by W. Whewell, + was published in 1859. + + + + +JONES, THOMAS RUPERT (1819- ), English geologist and palaeontologist, +was born in London on the 1st of October 1819. While at a private school +at Ilminster, his attention was attracted to geology by the fossils that +are so abundant in the Lias quarries. In 1835 he was apprenticed to a +surgeon at Taunton, and he completed his apprenticeship in 1842 at +Newbury in Berkshire. He was then engaged in practice mainly in London, +till in 1849 he was appointed assistant secretary to the Geological +Society of London. In 1862 he was made professor of geology at the Royal +Military College, Sandhurst. Having devoted his especial attention to +fossil microzoa, he now became the highest authority in England on the +Foraminifera and Entomostraca. He edited the 2nd edition of Mantell's +_Medals of Creation_ (1854), the 3rd edition of Mantell's _Geological +Excursions round the Isle of Wight_ (1854), and the 7th edition of +Mantell's _Wonders of Geology_ (1857); he also edited the 2nd edition of +Dixon's _Geology of Sussex_ (1878). He was elected F.R.S. in 1872 and +was awarded the Lyell medal by the Geological Society in 1890. For many +years he was specially interested in the geology of South Africa. + + His publications include _A Monograph of the Entomostraca of the + Cretaceous Formation of England_ (Palaeontograph. Soc., 1849); _A + Monograph of the Tertiary Entomostraca of England_ (ibid. 1857); _A + Monograph of the Fossil Estheriae_ (ibid. 1862); _A Monograph of the + Foraminifera of the Crag_ (ibid. 1866, &c., with H. B. Brady); and + numerous articles in the _Annals and Magazine of Natural History_, the + _Geological Magazine_, the _Proceedings of the Geologists' + Association_, and other journals. + + + + +JONES, WILLIAM (1726-1800), English divine, was born at Lowick, in +Northamptonshire on the 30th of July 1726. He was descended from an old +Welsh family and one of his progenitors was Colonel John Jones, +brother-in-law of Cromwell. He was educated at Charterhouse School, and +at University College, Oxford. There a kindred taste for music, as well +as a similarity in regard to other points of character, led to his close +intimacy with George Horne (q.v.), afterwards bishop of Norwich, whom he +induced to study Hutchinsonian doctrines. After obtaining his bachelor's +degree in 1749, Jones held various preferments. In 1777 he obtained the +perpetual curacy of Nayland, Suffolk, and on Horne's appointment to +Norwich became his chaplain, afterwards writing his life. His vicarage +became the centre of a High Church coterie, and Jones himself was a link +between the non-jurors and the Oxford movement. He could write +intelligibly on abstruse topics. He died on the 6th of January 1800. + + In 1756 Jones published his tractate _On the Catholic Doctrine of the + Trinity_, a statement of the doctrine from the Hutchinsonian point of + view, with a succinct and able summary of biblical proofs. This was + followed in 1762 by an _Essay on the First Principles of Natural + Philosophy_, in which he maintained the theories of Hutchinson in + opposition to those of Sir Isaac Newton, and in 1781 he dealt with the + same subject in _Physiological Disquisitions_. Jones was also the + originator of the _British Critic_ (May 1793). His collected works, + with a life by William Stevens, appeared in 1801, in 12 vols., and + were condensed into 6 vols. in 1810. A life of Jones, forming pt. 5 of + the _Biography of English Divines_, was published in 1849. + + + + +JONES, SIR WILLIAM (1746-1794), British Orientalist and jurist, was born +in London on the 28th of September 1746. He distinguished himself at +Harrow, and during his last three years there applied himself to the +study of Oriental languages, teaching himself the rudiments of Arabic, +and reading Hebrew with tolerable ease. In his vacations he improved his +acquaintance with French and Italian. In 1764 Jones entered University +College, Oxford, where he continued to study Oriental literature, and +perfected himself in Persian and Arabic by the aid of a Syrian Mirza, +whom he had discovered and brought from London. He added to his +knowledge of Hebrew and made considerable progress in Italian, Spanish +and Portuguese. He began the study of Chinese, and made himself master +of the radical characters of that language. During five years he partly +supported himself by acting as tutor to Lord Althorpe, afterwards the +second Earl Spencer, and in 1766 he obtained a fellowship. Though but +twenty-two years of age, he was already becoming famous as an +Orientalist, and when Christian VII. of Denmark visited England in 1768, +bringing with him a life of Nadir Shah in Persian, Jones was requested +to translate the MS. into French. The translation appeared in 1770, with +an introduction containing a description of Asia and a short history of +Persia. This was followed in the same year by a _Traité sur la poésie +orientale_, and by a French metrical translation of the odes of Hafiz. +In 1771 he published a _Dissertation sur la littérature orientale_, +defending Oxford scholars against the criticisms made by Anquetil Du +Perron in the introduction to his translation of the _Zend-Avesta_. In +the same year appeared his _Grammar of the Persian Language_. In 1772 +Jones published a volume of _Poems, Chiefly Translations from Asiatick +Languages, together with Two Essays on the Poetry of Eastern Nations and +on the Arts commonly called Imitative_, and in 1774 a treatise entitled +_Poeseos Asiaticae commentatorium libri sex_, which definitely confirmed +his authority as an Oriental scholar. + +Finding that some more financially profitable occupation was necessary, +Jones devoted himself with his customary energy to the study of the law, +and was called to the bar at the Middle Temple in 1774. He studied not +merely the technicalities, but the philosophy, of law, and within two +years had acquired so considerable a reputation that he was in 1776 +appointed commissioner in bankruptcy. Besides writing an _Essay on the +Law of Bailments_, which enjoyed a high reputation both in England and +America, Jones translated, in 1778, the speeches of Isaeus on the +Athenian right of inheritance. In 1780 he was a parliamentary candidate +for the university of Oxford, but withdrew from the contest before the +day of election, as he found he had no chance of success owing to his +Liberal opinions, especially on the questions of the American War and of +the slave trade. + +In 1783 was published his translation of the seven ancient Arabic poems +called _Moallakât_. In the same year he was appointed judge of the +supreme court of judicature at Calcutta, then "Fort William," and was +knighted. Shortly after his arrival in India he founded, in January +1784, the Bengal Asiatic Society, of which he remained president till +his death. Convinced as he was of the great importance of consulting the +Hindu legal authorities in the original, he at once began the study of +Sanskrit, and undertook, in 1788, the colossal task of compiling a +digest of Hindu and Mahommedan law. This he did not live to complete, +but he published the admirable beginnings of it in his _Institutes of +Hindu Law, or the Ordinances of Manu_ (1794); his _Mohammedan Law of +Succession to Property of Intestates_; and his _Mohammedan Law of +Inheritance_ (1792). In 1789 Jones had completed his translation of +Kalidasa's most famous drama, _Sakuntala_. He also translated the +collection of fables entitled the _Hitopadesa_, the _Gitagovinda_, and +considerable portions of the Vedas, besides editing the text of +Kalidasa's poem _Ritusamhara_. He was a large contributor also to his +society's volumes of _Asiatic Researches_. + +His unremitting literary labours, together with his heavy judicial work, +told on his health after a ten years' residence in Bengal; and he died +at Calcutta on the 27th of April 1794. An extraordinary linguist, +knowing thirteen languages well, and having a moderate acquaintance with +twenty-eight others, his range of knowledge was enormous. As a pioneer +in Sanskrit learning and as founder of the Asiatic Society he rendered +the language and literature of the ancient Hindus accessible to European +scholars, and thus became the indirect cause of later achievements in +the field of Sanskrit and comparative philology. A monument to his +memory was erected by the East India Company in St Paul's, London, and a +statue in Calcutta. + + See the _Memoir_ (1804) by Lord Teignmouth, published in the collected + edition of Sir W. Jones's works. + + + + +JÖNKÖPING, a town of Sweden, capital of the district (_län_) of +Jönköping, 230 m. S.W. of Stockholm by rail. Pop. (1900), 23,143. It +occupies a beautiful but somewhat unhealthy position between the +southern end of Lake Vetter and two small lakes, Roksjö and Munksjö. Two +quarters of the town, Svenska Mad and Tyska Mad, recall the time when +the site was a marsh (_mad_), and buildings were constructed on piles. +The residential suburbs among the hills, especially Dunkehallar, are +attractive and healthier than the town. The church of St Kristine (c. +1650), the court-houses, town-hall, government buildings, and high +school, are noteworthy. The town is one of the leading industrial +centres in Sweden. The match manufacture, for which it is principally +famous, was founded by Johan Edvard Lundström in 1844. The well-known +brand of _säkerhets-tändstickor_ (safety-matches) was introduced later. +There are also textile manufactures, paper-factories (on Munksjö), and +mechanical works. There is a large fire-arms factory at Huskvarna, 5 m. +E. Water-power is supplied here by a fine series of falls. The hill +Taberg, 8 m. S., is a mass of magnetic iron ore, rising 410 ft. above +the surrounding country, 2950 ft. long and 1475 ft. broad, but the +percentage of iron is low as compared with the rich ores of other parts, +and the deposit is little worked. Jönköping is the seat of one of the +three courts of appeal in Sweden. + +Jönköping received the earliest extant Swedish charter in 1284 from +Magnus I. The castle is mentioned in 1263, when Waldemar Birgersson +married the Danish princess Sophia. Jönköping was afterwards the scene +of many events of moment in Scandinavian history--of parliaments in +1357, 1439, and 1599; of the meeting of the Danish and Swedish +plenipotentiaries in 1448; and of the death of Sten Sture, the elder, in +1503. In 1612 Gustavus Adolphus caused the inhabitants to destroy their +town lest it should fall into the hands of the Danes; but it was rebuilt +soon after, and in 1620 received special privileges from the king. At +this period a textile industry was started here, the first of any +importance in Sweden. It was from the Dutch and German workmen, +introduced at this time, that the quarter Tyska Mad received its name. +On the 10th of December 1809 the plenipotentiaries of Sweden and Denmark +concluded peace in the town. + + + + +JONSON, BEN[1] (1573-1637), English dramatist, was born, probably in +Westminster, in the beginning of the year 1573 (or possibly, if he +reckoned by the unadopted modern calendar, 1572; see Castelain, p. 4, +note 1). By the poet's account his grandfather had been a gentleman who +"came from" Carlisle, and originally, the grandson thought, from +Annandale. His arms, "three spindles or rhombi," are the family device +of the Johnstones of Annandale, a fact which confirms his assertion of +Border descent. Ben Jonson further related that he was born a month +after the death of his father, who, after suffering in estate and person +under Queen Mary, had in the end "turned minister." Two years after the +birth of her son the widow married again; she may be supposed to have +loved him in a passionate way peculiar to herself, since on one occasion +we find her revealing an almost ferocious determination to save his +honour at the cost of both his life and her own. Jonson's stepfather was +a master bricklayer, living in Hartshorn Lane, near Charing Cross, who +provided his stepson with the foundations of a good education. After +attending a private school in St Martin's Lane, the boy was sent to +Westminster School at the expense, it is said, of William Camden. +Jonson's gratitude for an education to which in truth he owed an almost +inestimable debt concentrated itself upon the "most reverend head" of +his benefactor, then second and afterwards head master of the famous +school, and the firm friend of his pupil in later life. + +After reaching the highest form at Westminster, Jonson is stated, but on +unsatisfactory evidence, to have proceeded to Cambridge--according to +Fuller, to St John's College. (For reasons in support of the tradition +that he was a member of St John's College, see J. B. Mullinger, the +_Eagle_, No. xxv.) He says, however, himself that he studied at neither +university, but was put to a trade immediately on leaving school. He +soon had enough of the trade, which was no doubt his father's +bricklaying, for Henslowe in writing to Edward Alleyne of his affair +with Gabriel Spenser calls him "bergemen [_sic_] Jonson, bricklayer." +Either before or after his marriage--more probably before, as Sir +Francis Vere's three English regiments were not removed from the Low +Countries till 1592--he spent some time in that country soldiering, much +to his own subsequent satisfaction when the days of self-conscious +retrospect arrived, but to no further purpose beyond that of seeing +something of the world. + +Ben Jonson married not later than 1592. The registers of St Martin's +Church state that his eldest daughter Maria died in November 1593 when +she was, Jonson tells us (epigram 22), only six months old. His eldest +son Benjamin died of the plague ten years later (epigram 45). (A +younger Benjamin died in 1635.) His wife Jonson characterized to +Drummond as "a shrew, but honest"; and for a period (undated) of five +years he preferred to live without her, enjoying the hospitality of Lord +Aubigny (afterwards duke of Lennox). Long burnings of oil among his +books, and long spells of recreation at the tavern, such as Jonson +loved, are not the most favoured accompaniments of family life. But +Jonson was no stranger to the tenderest of affections: two at least of +the several children whom his wife bore to him he commemorated in +touching little tributes of verse; nor in speaking of his lost eldest +daughter did he forget "her mother's tears." By the middle of 1597 we +come across further documentary evidence of him at home in London in the +shape of an entry in Philip Henslowe's diary (July 28) of 3s. 6d. +"received of Bengemenes Johnsones share." He was therefore by this +time--when Shakespeare, his senior by nearly nine years, was already in +prosperous circumstances and good esteem--at least a regular member of +the acting profession, with a fixed engagement in the lord admiral's +company, then performing under Henslowe's management at the Rose. +Perhaps he had previously acted at the Curtain (a former house of the +lord admiral's men), and "taken mad Jeronimo's part" on a play-wagon in +the highway. This latter appearance, if it ever took place, would, as +was pointed out by Gifford, probably have been in Thomas Kyd's _Spanish +Tragedy_, since in _The First Part of Jeronimo_ Jonson would have had, +most inappropriately, to dwell on the "smallness" of his "bulk." He was +at a subsequent date (1601) employed by Henslowe to write up _The +Spanish Tragedy_, and this fact may have given rise to Wood's story of +his performance as a stroller (see, however, Fleay, _The English Drama_, +ii. 29, 30). Jonson's additions, which were not the first changes made +in the play, are usually supposed to be those printed with _The Spanish +Tragedy_ in the edition of 1602; Charles Lamb's doubts on the subject, +which were shared by Coleridge, seem an instance of that subjective kind +of criticism which it is unsafe to follow when the external evidence to +the contrary is so strong. + +According to Aubrey, whose statement must be taken for what it is worth, +"Jonson was never a good actor, but an excellent instructor." His +physique was certainly not well adapted to the histrionic conditions of +his--perhaps of any--day; but, in any case, it was not long before he +found his place in the organism of his company. In 1597, as we know from +Henslowe, Jonson undertook to write a play for the lord admiral's men; +and in the following year he was mentioned by Merès in his _Palladis +Tamia_ as one of "the best for tragedy," without any reference to a +connexion on his part with the other branch of the drama. Whether this +was a criticism based on material evidence or an unconscious slip, Ben +Jonson in the same year 1598 produced one of the most famous of English +comedies, _Every Man in his Humour_, which was first acted--probably in +the earlier part of September--by the lord chamberlain's company at the +Curtain. Shakespeare was one of the actors in Jonson's comedy, and it is +in the character of Old Knowell in this very play that, according to a +bold but ingenious guess, he is represented in the half-length portrait +of him in the folio of 1623, beneath which were printed Jonson's lines +concerning the picture. _Every Man in his Humour_ was published in 1601; +the critical prologue first appears in the folio of 1616, and there are +other divergences (see Castelain, appendix A). After the Restoration the +play was revived in 1751 by Garrick (who acted Kitely) with alterations, +and long continued to be known on the stage. It was followed in the same +year by _The Case is Altered_, acted by the children of the queen's +revels, which contains a satirical attack upon the pageant poet, Anthony +Munday. This comedy, which was not included in the folio editions, is +one of intrigue rather than of character; it contains obvious +reminiscences of Shylock and his daughter. The earlier of these two +comedies was indisputably successful. + +Before the year 1598 was out, however, Jonson found himself in prison +and in danger of the gallows. In a duel, fought on the 22nd of September +in Hogsden Fields, he had killed an actor of Henslowe's company named +Gabriel Spenser. The quarrel with Henslowe consequent on this event may +account for the production of _Every Man in his Humour_ by the rival +company. In prison Jonson was visited by a Roman Catholic priest, and +the result (certainly strange, if Jonson's parentage is considered) was +his conversion to the Church of Rome, to which he adhered for twelve +years. Jonson was afterwards a diligent student of divinity; but, though +his mind was religious, it is not probable that its natural bias much +inclined it to dwell upon creeds and their controversies. He pleaded +guilty to the charge brought against him, as the rolls of Middlesex +sessions show; but, after a short imprisonment, he was released by +benefit of clergy, forfeiting his "goods and chattels," and being +branded on his left thumb. The affair does not seem to have affected his +reputation; in 1599 he is found back again at work for Henslowe, +receiving together with Dekker, Chettle and "another gentleman," +earnest-money for a tragedy (undiscovered) called _Robert II., King of +Scots_. In the same year he brought out through the lord chamberlain's +company (possibly already at the Globe, then newly built or building) +the elaborate comedy of _Every Man out of his Humour_ (quarto 1600; fol. +1616)--a play subsequently presented before Queen Elizabeth. The +sunshine of court favour, rarely diffused during her reign in rays +otherwise than figuratively golden, was not to bring any material +comfort to the most learned of her dramatists, before there was laid +upon her the inevitable hand of which his courtly epilogue had besought +death to forget the use. Indeed, of his _Cynthia's Revels_, performed by +the chapel children in 1600 and printed with the first title of _The +Fountain of Self-Love_ in 1601, though it was no doubt primarily +designed as a compliment to the queen, the most marked result had been +to offend two playwrights of note--Dekker, with whom he had formerly +worked in company, and who had a healthy if rough grip of his own; and +Marston, who was perhaps less dangerous by his strength than by his +versatility. According to Jonson, his quarrel with Marston had begun by +the latter attacking his morals, and in the course of it they came to +blows, and might have come to worse. In _Cynthia's Revels_, Dekker is +generally held to be satirized as Hedon, and Marston as Anaides (Fleay, +however, thinks Anaides is Dekker, and Hedon Daniel), while the +character of Crites most assuredly has some features of Jonson himself. +Learning the intention of the two writers whom he had satirized, or at +all events of Dekker, to wreak literary vengeance upon him, he +anticipated them in _The Poetaster_ (1601), again played by the children +of the queen's chapel at the Blackfriars and printed in 1602; Marston +and Dekker are here ridiculed respectively as the aristocratic Crispinus +and the vulgar Demetrius. The play was completed fifteen weeks after its +plot was first conceived. It is not certain to what the proceedings +against author and play before the lord chief justice, referred to in +the dedication of the edition of 1616, had reference, or when they were +instituted. Fleay's supposition that the "purge," said in the _Returne +from Parnassus_ (Pt. II. act iv. sc. iii.) to have been administered by +Shakespeare to Jonson in return for Horace's "pill to the poets" in this +piece, consisted of _Troilus and Cressida_ is supremely ingenious, but +cannot be examined here. As for Dekker, he retaliated on _The Poetaster_ +by the _Satiromastix, or The Untrussing of the Humorous Poet_ (1602). +Some more last words were indeed attempted on Jonson's part, but in the +_Apologetic Dialogue_ added to _The Poetaster_ in the edition of 1616, +though excluded from that of 1602, he says he intends to turn his +attention to tragedy. This intention he apparently carried out +immediately, for in 1602 he received £10 from Henslowe for a play, +entitled _Richard Crookbacke_, now lost--unfortunately so, for purposes +of comparison in particular, even if it was only, as Fleay conjectures, +"an alteration of Marlowe's play." According to a statement by Overbury, +early in 1603, "Ben Johnson, the poet, now lives upon one Townesend," +supposed to have been the poet and masque-writer Aurelian Townshend, at +one time steward to the 1st earl of Salisbury, "and scornes the world." +To his other early patron, Lord Aubigny, Jonson dedicated the first of +his two extant tragedies, _Sejanus_, produced by the king's servants at +the Globe late in 1603, Shakespeare once more taking a part in the +performance. Either on its performance or on its appearing in print in +1605, Jonson was called before the privy council by the Earl of +Northampton. But it is open to question whether this was the occasion on +which, according to Jonson's statement to Drummond, Northampton "accused +him both of popery and treason" (see Castelain, Appendix C). Though, for +one reason or another, unsuccessful at first, the endurance of its +reputation is attested by its performance, in a German version by an +Englishman, John Michael Girish, at the court of the grandson of James +I. at Heidelberg. + +When the reign of James I. opened in England and an adulatory loyalty +seemed intent on showing that it had not exhausted itself at the feet of +Gloriana, Jonson's well-stored brain and ready pen had their share in +devising and executing ingenious variations on the theme "Welcome--since +we cannot do without thee!" With extraordinary promptitude his genius, +which, far from being "ponderous" in its operations, was singularly +swift and flexible in adapting itself to the demands made upon it, met +the new taste for masques and entertainments--new of course in degree +rather than in kind--introduced with the new reign and fostered by both +the king and his consort. The pageant which on the 7th of May 1603 bade +the king welcome to a capital dissolved in joy was partly of Jonson's, +partly of Dekker's, devising; and he was able to deepen and diversify +the impression by the composition of masques presented to James I. when +entertained at houses of the nobility. _The Satyr_ (1603) was produced +on one of these occasions, Queen Anne's sojourn at Althorpe, the seat of +Sir Robert Spencer, afterwards Lord Althorpe, who seems to have +previously bestowed some patronage upon him. _The Penates_ followed on +May-day 1604 at the house of Sir William Cornwallis at Highgate, and the +queen herself with her ladies played his _Masque of Blackness_ at +Whitehall in 1605. He was soon occasionally employed by the court +itself--already in 1606 in conjunction with Inigo Jones, as responsible +for the "painting and carpentry"--and thus speedily showed himself +master in a species of composition for which, more than any other +English poet before Milton, he secured an enduring place in the national +poetic literature. Personally, no doubt, he derived considerable +material benefit from the new fashion--more especially if his statement +to Drummond was anything like correct, that out of his plays (which may +be presumed to mean his original plays) he had never gained a couple of +hundred pounds. + +Good humour seems to have come back with good fortune. Joint employment +in _The King's Entertainment_ (1604) had reconciled him with Dekker; and +with Marston also, who in 1604 dedicated to him his _Malcontent_, he was +again on pleasant terms. When, therefore, in 1604 Marston and Chapman +(who, Jonson told Drummond, was loved of him, and whom he had probably +honoured as "Virgil" in _The Poetaster_, and who has, though on doubtful +grounds, been supposed to have collaborated in the original _Sejanus_) +produced the excellent comedy of _Eastward Ho_, it appears to have +contained some contributions by Jonson. At all events, when the authors +were arrested on account of one or more passages in the play which were +deemed insulting to the Scots, he "voluntarily imprisoned himself" with +them. They were soon released, and a banquet at his expense, attended by +Camden and Selden, terminated the incident. If Jonson is to be believed, +there had been a report that the prisoners were to have their ears and +noses cut, and, with reference apparently to this peril, "at the midst +of the feast his old mother drank to him, and showed him a paper which +she had intended (if the sentence had taken execution) to have mixed in +the prison among his drink, which was full of lusty strong poison; and +that she was no churl, she told him, she minded first to have drunk of +it herself." Strange to say, in 1605 Jonson and Chapman, though the +former, as he averred, had so "attempered" his style as to have "given +no cause to any good man of grief," were again in prison on account of +"a play"; but they appear to have been once more speedily set free, in +consequence of a very manly and dignified letter addressed by Jonson to +the Earl of Salisbury. As to the relations between Chapman and Jonson, +illustrated by newly discovered letters, see Bertram Dobell in the +_Athenaeum_ No. 3831 (March 30, 1901), and the comments of Castelain. +He thinks that the play in question, in which both Chapman and Jonson +took part, was _Sir Gyles Goosecappe_, and that the last imprisonment of +the two poets was shortly after the discovery of the Gunpowder Plot. In +the mysterious history of the Gunpowder Plot Jonson certainly had some +obscure part. On the 7th of November, very soon after the discovery of +the conspiracy, the council appears to have sent for him and to have +asked him, as a loyal Roman Catholic, to use his good offices in +inducing the priests to do something required by the council--one hardly +likes to conjecture it to have been some tampering with the secrets of +confession. In any case, the negotiations fell through, because the +priests declined to come forth out of their hiding-places to be +negotiated with--greatly to the wrath of Ben Jonson, who declares in a +letter to Lord Salisbury that "they are all so enweaved in it that it +will make 500 gentlemen less of the religion within this week, if they +carry their understanding about them." Jonson himself, however, did not +declare his separation from the Church of Rome for five years longer, +however much it might have been to his advantage to do so. + +His powers as a dramatist were at their height during the earlier half +of the reign of James I.; and by the year 1616 he had produced nearly +all the plays which are worthy of his genius. They include the tragedy +of _Catiline_ (acted and printed 1611), which achieved only a doubtful +success, and the comedies of _Volpone, or the Fox_ (acted 1605 and +printed in 1607 with a dedication "from my house in the Blackfriars"), +_Epicoene, or the Silent Woman_ (1609; entered in the Stationers' +Register 1610), the _Alchemist_ (1610; printed in 1610), _Bartholomew +Fair_ and _The Devil is an Ass_ (acted respectively in 1614 and 1616). +During the same period he produced several masques, usually in connexion +with Inigo Jones, with whom, however, he seems to have quarrelled +already in this reign, though it is very doubtful whether the architect +is really intended to be ridiculed in _Bartholomew Fair_ under the +character of Lanthorn Leatherhead. Littlewit, according to Fleay, is +Daniel. Among the most attractive of his masques may be mentioned the +_Masque of Blackness_ (1606), the Masque of Beauty (1608), and the +_Masque of Queens_ (1609), described by Swinburne as "the most splendid +of all masques" and as "one of the typically splendid monuments or +trophies of English literature." In 1616 a modest pension of 100 marks a +year was conferred upon him; and possibly this sign of royal favour may +have encouraged him to the publication of the first volume of the folio +collected edition of his works (1616), though there are indications that +he had contemplated its production, an exceptional task for a playwright +of his times to take in hand, as early as 1612. + +He had other patrons more bountiful than the Crown, and for a brief +space of time (in 1613) had travelled to France as governor (without +apparently much moral authority) to the eldest son of Sir Walter +Raleigh, then a state prisoner in the Tower, for whose society Jonson +may have gained a liking at the Mermaid Tavern in Cheapside, but for +whose personal character he, like so many of his contemporaries, seems +to have had but small esteem. By the year 1616 Jonson seems to have made +up his mind to cease writing for the stage, where neither his success +nor his profits had equalled his merits and expectations. He continued +to produce masques and entertainments when called upon; but he was +attracted by many other literary pursuits, and had already accomplished +enough to furnish plentiful materials for retrospective discourse over +pipe or cup. He was already entitled to lord it at the Mermaid, where +his quick antagonist in earlier wit-combats (if Fuller's famous +description be authentic) no longer appeared even on a visit from his +comfortable retreat at Stratford. That on the other hand Ben carried his +wicked town habits into Warwickshire, and there, together with Drayton, +made Shakespeare drink so hard with them as to bring upon himself the +fatal fever which ended his days, is a scandal with which we may fairly +refuse to load Jonson's memory. That he had a share in the preparing for +the press of the first folio of Shakespeare, or in the composition of +its preface, is of course a mere conjecture. + +It was in the year 1618 that, like Dr Samuel Johnson a century and a +half afterwards, Ben resolved to have a real holiday for once, and about +midsummer started for his ancestral country, Scotland. He had (very +heroically for a man of his habits) determined to make the journey on +foot; and he was speedily followed by John Taylor, the water-poet, who +still further handicapped himself by the condition that he would +accomplish the pilgrimage without a penny in his pocket. Jonson, who put +money in his good friend's purse when he came up with him at Leith, +spent more than a year and a half in the hospitable Lowlands, being +solemnly elected a burgess of Edinburgh, and on another occasion +entertained at a public banquet there. But the best-remembered +hospitality which he enjoyed was that of the learned Scottish poet, +William Drummond of Hawthornden, to which we owe the so-called +_Conversations_. In these famous jottings, the work of no extenuating +hand, Jonson lives for us to this day, delivering his censures, terse as +they are, in an expansive mood whether of praise or of blame; nor is he +at all generously described in the postscript added by his fatigued and +at times irritated host as "a great lover and praiser of himself, a +contemner and scorner of others." A poetical account of this journey, +"with all the adventures," was burnt with Jonson's library. + +After his return to England Jonson appears to have resumed his former +course of life. Among his noble patrons and patronesses were the +countess of Rutland (Sidney's daughter) and her cousin Lady Wroth; and +in 1619 his visits to the country seats of the nobility were varied by a +sojourn at Oxford with Richard Corbet, the poet, at Christ Church, on +which occasion he took up the master's degree granted to him by the +university; whether he actually proceeded to the same degree granted to +him at Cambridge seems unknown. He confessed about this time that he was +or seemed growing "restive," i.e. lazy, though it was not long before he +returned to the occasional composition of masques. The extremely +spirited _Gipsies Metamorphosed_ (1621) was thrice presented before the +king, who was so pleased with it as to grant to the poet the reversion +of the office of master of the revels, besides proposing to confer upon +him the honour of knighthood. This honour Jonson (hardly in deference to +the memory of Sir Petronel Flash) declined; but there was no reason why +he should not gratefully accept the increase of his pension in the same +year (1621) to £200--a temporary increase only, inasmuch as it still +stood at 100 marks when afterwards augmented by Charles I. + +The close of King James I.'s reign found the foremost of its poets in +anything but a prosperous condition. It would be unjust to hold the Sun, +the Dog, the Triple Tun, or the Old Devil with its Apollo club-room, +where Ben's supremacy must by this time have become established, +responsible for this result; taverns were the clubs of that day, and a +man of letters is not considered lost in our own because he haunts a +smoking-room in Pall Mall. Disease had weakened the poet's strength, and +the burning of his library, as his _Execration upon Vulcan_ sufficiently +shows, must have been no mere transitory trouble to a poor poet and +scholar. Moreover he cannot but have felt, from the time of the +accession of Charles I. early in 1625 onwards, that the royal patronage +would no longer be due in part to anything like intellectual sympathy. +He thus thought it best to recur to the surer way of writing for the +stage, and in 1625 produced, with no faint heart, but with a very clear +anticipation of the comments which would be made upon the reappearance +of the "huge, overgrown play-maker," _The Staple of News_, a comedy +excellent in some respects, but little calculated to become popular. It +was not printed till 1631. Jonson, whose habit of body was not more +conducive than were his ways of life to a healthy old age, had a +paralytic stroke in 1626, and a second in 1628. In the latter year, on +the death of Middleton, the appointment of city chronologer, with a +salary of 100 nobles a year, was bestowed upon him. He appears to have +considered the duties of this office as purely ornamental; but in 1631 +his salary was suspended until he should have presented some fruits of +his labours in his place, or--as he more succinctly phrased +it--"yesterday the barbarous court of aldermen have withdrawn their +chandlerly pension for verjuice and mustard, £33, 6s. 8d." After being +in 1628 arrested by mistake on the utterly false charge of having +written certain verses in approval of the assassination of Buckingham, +he was soon allowed to return to Westminster, where it would appear from +a letter of his "son and contiguous neighbour," James Howell, he was +living in 1629, and about this time narrowly escaped another +conflagration. In the same year (1629) he once more essayed the stage +with the comedy of _The New Inn_, which was actually, and on its own +merits not unjustly, damned on the first performance. It was printed in +1631, "as it was never acted but most negligently played"; and Jonson +defended himself against his critics in his spirited _Ode to Himself_. +The epilogue to _The New Inn_ having dwelt not without dignity upon the +neglect which the poet had experienced at the hands of "king and queen," +King Charles immediately sent the unlucky author a gift of £100, and in +response to a further appeal increased his standing salary to the same +sum, with the addition of an annual tierce of canary--the +poet-laureate's customary royal gift, though this designation of an +office, of which Jonson discharged some of what became the ordinary +functions, is not mentioned in the warrant dated the 26th of March 1630. +In 1634, by the king's desire, Jonson's salary as chronologer to the +city was again paid. To his later years belong the comedies, _The +Magnetic Lady_ (1632) and _The Tale of a Tub_ (1633), both printed in +1640, and some masques, none of which met with great success. The +patronage of liberal-minded men, such as the earl, afterwards duke, of +Newcastle--by whom he must have been commissioned to write his last two +masques _Love's Welcome at Welbeck_ (1633) and _Love's Welcome at +Bolsover_ (1634)--and Viscount Falkland, was not wanting, and his was +hardly an instance in which the fickleness of time and taste could have +allowed a literary veteran to end his career in neglect. He was the +acknowledged chief of the English world of letters, both at the festive +meetings where he ruled the roast among the younger authors whose pride +it was to be "sealed of the tribe of Ben," and by the avowal of grave +writers, old or young, not one of whom would have ventured to dispute +his titular pre-eminence. Nor was he to the last unconscious of the +claims upon him which his position brought with it. When, nearly two +years after he had lost his surviving son, death came upon the sick old +man on the 6th of August 1637, he left behind him an unfinished work of +great beauty, the pastoral drama of _The Sad Shepherd_ (printed in +1641). For forty years, he said in the prologue, he had feasted the +public; at first he could scarce hit its taste, but patience had at last +enabled it to identify itself with the working of his pen. + +We are so accustomed to think of Ben Jonson presiding, attentive to his +own applause, over a circle of younger followers and admirers that we +are apt to forget the hard struggle which he had passed through before +gaining the crown now universally acknowledged to be his. Howell +records, in the year before Ben's death, that a solemn supper at the +poet's own house, where the host had almost spoiled the relish of the +feast by vilifying others and magnifying himself, "T. Ca." (Thomas +Carew) buzzed in the writer's ear "that, though Ben had barrelled up a +great deal of knowledge, yet it seemed he had not read the _Ethics_, +which, among other precepts of morality, forbid self-commendation." +Self-reliance is but too frequently coupled with self-consciousness, and +for good and for evil self-confidence was no doubt the most prominent +feature in the character of Ben Jonson. Hence the combativeness which +involved him in so many quarrels in his earlier days, and which jarred +so harshly upon the less militant and in some respects more pedantic +nature of Drummond. But his quarrels do not appear to have entered +deeply into his soul, or indeed usually to have lasted long.[2] He was +too exuberant in his vituperations to be bitter, and too outspoken to be +malicious. He loved of all things to be called "honest," and there is +every reason to suppose that he deserved the epithet. The old +superstition that Jonson was filled with malignant envy of the greatest +of his fellow-dramatists, and lost no opportunity of giving expression +to it, hardly needs notice. Those who consider that Shakespeare was +beyond criticism may find blasphemy in the saying of Jonson that +Shakespeare "wanted art." Occasional jesting allusions to particular +plays of Shakespeare may be found in Jonson, among which should hardly +be included the sneer at "mouldy" Pericles in his _Ode to Himself_. But +these amount to nothing collectively, and to very little individually; +and against them have to be set, not only the many pleasant traditions +concerning the long intimacy between the pair, but also the lines, +prefixed to the first Shakespeare folio, as noble as they are judicious, +dedicated by the survivor to "the star of poets," and the adaptation, +clearly sympathetic notwithstanding all its buts, _de Shakespeare +nostrat_. in the _Discoveries_. But if Gifford had rendered no other +service to Jonson's fame he must be allowed to have once for all +vindicated it from the cruellest aspersion which has ever been cast upon +it. That in general Ben Jonson was a man of strong likes and dislikes, +and was wont to manifest the latter as vehemently as the former, it +would be idle to deny. He was at least impartial in his censures, +dealing them out freely to Puritan poets like Wither and (supposing him +not to have exaggerated his free-spokenness) to princes of his church +like Cardinal du Perron. And, if sensitive to attack, he seems to have +been impervious to flattery--to judge from the candour with which he +condemned the foibles even of so enthusiastic an admirer as Beaumont. +The personage that he disliked the most, and openly abused in the +roundest terms, was unfortunately one with many heads and a tongue to +hiss in each--no other than that "general public" which it was the +fundamental mistake of his life to fancy he could "rail into +approbation" before he had effectively secured its goodwill. And upon +the whole it may be said that the admiration of the few, rather than the +favour of the many, has kept green the fame of the most independent +among all the masters of an art which, in more senses than one, must +please to live. + +Jonson's learning and industry, which were alike exceptional, by no +means exhausted themselves in furnishing and elaborating the materials +of his dramatic works. His enemies sneered at him as a translator--a +title which the preceding generation was inclined to esteem the most +honourable in literature. But his classical scholarship shows itself in +other directions besides his translations from the Latin poets (the _Ars +poetica_ in particular), in addition to which he appears to have written +a version of Barclay's _Argenis_; it was likewise the basis of his +_English Grammar_, of which nothing but the rough draft remains (the MS. +itself having perished in the fire in his library), and in connexion +with the subject of which he appears to have pursued other linguistic +studies (Howell in 1629 was trying to procure him a Welsh grammar). And +its effects are very visible in some of the most pleasing of his +non-dramatic poems, which often display that combination of polish and +simplicity hardly to be reached--or even to be appreciated--without some +measure of classical training. + +Exclusively of the few lyrics in Jonson's dramas (which, with the +exception of the stately choruses in _Catiline_, charm, and perhaps may +surprise, by their lightness of touch), his non-dramatic works are +comprised in the following collections. The book of _Epigrams_ +(published in the first folio of 1616) contained, in the poet's own +words, the "ripest of his studies." His notion of an epigram was the +ancient, not the restricted modern one--still less that of the critic +(R. C., the author of _The Times' Whistle_) in whose language, according +to Jonson, "witty" was "obscene." On the whole, these epigrams excel +more in encomiastic than in satiric touches, while the pathos of one or +two epitaphs in the collection is of the truest kind. In the lyrics and +epistles contained in the _Forest_ (also in the first folio), Jonson +shows greater variety in the poetic styles adopted by him; but the +subject of love, which Dryden considered conspicuous by its absence in +the author's dramas, is similarly eschewed here. The _Underwoods_ (not +published collectively till the second and surreptitious folio) are a +miscellaneous series, comprising, together with a few religious and a +few amatory poems, a large number of epigrams, epitaphs, elegies and +"odes," including both the tributes to Shakespeare and several to royal +and other patrons and friends, besides the _Execration upon Vulcan_, and +the characteristic ode addressed by the poet to himself. To these pieces +in verse should be added the _Discoveries--Timber, or Discoveries made +upon Men and Matters_, avowedly a commonplace book of aphorisms noted by +the poet in his dally readings--thoughts adopted and adapted in more +tranquil and perhaps more sober moods than those which gave rise to the +outpourings of the _Conversations at Hawthornden_. As to the critical +value of these _Conversations_ it is far from being only negative; he +knew how to admire as well as how to disdain. For these thoughts, though +abounding with biographical as well as general interest, Jonson was +almost entirely indebted to ancient writers, or (as has been shown by +Professor Spingarn and by Percy Simpson) indebted to the humanists of +the Renaissance (see _Modern Language Review_, ii. 3, April 1907). + +The extant dramatic works of Ben Jonson fall into three or, if his +fragmentary pastoral drama be considered to stand by itself, into four +distinct divisions. The tragedies are only two in number--_Sejanus his +Fall and Catiline his Conspiracy_.[3] Of these the earlier, as is worth +noting, was produced at Shakespeare's theatre, in all probability before +the first of Shakespeare's Roman dramas, and still contains a +considerable admixture of rhyme in the dialogue. Though perhaps less +carefully elaborated in diction than its successor, _Sejanus_ is at +least equally impressive as a highly wrought dramatic treatment of a +complex historic theme. The character of Tiberius adds an element of +curious psychological interest on which speculation has never quite +exhausted itself and which, in Jonson's day at least, was wanting to the +figures of _Catiline_ and his associates. But in both plays the action +is powerfully conducted, and the care bestowed by the dramatist upon the +great variety of characters introduced cannot, as in some of his +comedies, be said to distract the interest of the reader. Both these +tragedies are noble works, though the relative popularity of the subject +(for conspiracies are in the long run more interesting than camarillas) +has perhaps secured the preference to Catiline. Yet this play and its +predecessor were alike too manifestly intended by their author to court +the goodwill of what he calls the "extraordinary" reader. It is +difficult to imagine that (with the aid of judicious shortenings) either +could altogether miss its effect on the stage; but, while Shakespeare +causes us to forget, Jonson seems to wish us to remember, his +authorities. The half is often greater than the whole; and Jonson, like +all dramatists and, it might be added, all novelists in similar cases, +has had to pay the penalty incurred by too obvious a desire to underline +the learning of the author. + +Perversity--or would-be originality--alone could declare Jonson's +tragedy preferable to his comedy. Even if the revolution which he +created in the comic branch of the drama had been mistaken in its +principles or unsatisfactory in its results, it would be clear that the +strength of his dramatic genius lay in the power of depicting a great +variety of characters, and that in comedy alone he succeeded in finding +a wide field for the exercise of this power. There may have been no very +original or very profound discovery in the idea which he illustrated in +_Every Man in his Humour_, and, as it were, technically elaborated in +_Every Man out of his Humour_--that in many men one quality is +observable which so possesses them as to draw the whole of their +individualities one way, and that this phenomenon "may be truly said to +be a humour." The idea of the master quality or tendency was, as has +been well observed, a very considerable one for dramatist or novelist. +Nor did Jonson (happily) attempt to work out this idea with any +excessive scientific consistency as a comic dramatist. But, by refusing +to apply the term "humour" (q.v.) to a mere peculiarity or affectation +of manners, and restricting its use to actual or implied differences or +distinctions of character, he broadened the whole basis of English +comedy after his fashion, as Molière at a later date, keeping in closer +touch with the common experience of human life, with a lighter hand +broadened the basis of French and of modern Western comedy at large. It +does not of course follow that Jonson's disciples, the Bromes and the +Cartwrights, always adequately reproduced the master's conception of +"humorous" comedy. Jonson's wide and various reading helped him to +diversify the application of his theory, while perhaps at times it led +him into too remote illustrations of it. Still, Captain Bobadil and +Captain Tucca, Macilente and Fungoso, Volpone and Mosca, and a goodly +number of other characters impress themselves permanently upon the +memory of those whose attention they have as a matter of course +commanded. It is a very futile criticism to condemn Jonson's characters +as a mere series of types of general ideas; on the other hand, it is a +very sound criticism to object, with Barry Cornwall, to the "multitude +of characters who throw no light upon the story, and lend no interest to +it, occupying space that had better have been bestowed upon the +principal agents of the plot." + +In the construction of plots, as in most other respects, Jonson's at +once conscientious and vigorous mind led him in the direction of +originality; he depended to a far less degree than the greater part of +his contemporaries (Shakespeare with the rest) upon borrowed plots. But +either his inventive character was occasionally at fault in this +respect, or his devotion to his characters often diverted his attention +from a brisk conduct of his plot. Barry Cornwall has directed attention +to the essential likeness in the plot of two of Jonson's best comedies, +_Volpone_ and _The Alchemist_; and another critic, W. Bodham Donne, has +dwelt on the difficulty which, in _The Poetaster_ and elsewhere, Ben +Jonson seems to experience in sustaining the promise of his actions. +_The Poetaster_ is, however, a play _sui generis_, in which the real +business can hardly be said to begin till the last act. + +Dryden, when criticizing Ben Jonson's comedies, thought fit, while +allowing the old master humour and incontestable "pleasantness," to deny +him wit and those ornaments thereof which Quintilian reckons up under +the terms _urbana_, _salsa_, _faceta_ and so forth. Such wit as Dryden +has in view is the mere outward fashion or style of the day, the +euphuism or "sheerwit" or _chic_ which is the creed of Fastidious Brisks +and of their astute purveyors at any given moment. In this Ben Jonson +was no doubt defective; but it would be an error to suppose him, as a +comic dramatist, to have maintained towards the world around him the +attitude of a philosopher, careless of mere transient externalisms. It +is said that the scene of his _Every Man in his Humour_ was originally +laid near Florence; and his _Volpone_, which is perhaps the darkest +social picture ever drawn by him, plays at Venice. Neither locality was +ill-chosen, but the real atmosphere of his comedies is that of the +native surroundings amidst which they were produced; and Ben Jonson's +times live for us in his men and women, his country gulls and town +gulls, his alchemists and exorcists, his "skeldring" captains and +whining Puritans, and the whole ragamuffin rout of his _Bartholomew +Fair_, the comedy _par excellence_ of Elizabethan low life. After he had +described the pastimes, fashionable and unfashionable, of his age, its +feeble superstitions and its flaunting naughtinesses, its vapouring +affectations and its lying effronteries, with an odour as of "divine +tabacco" pervading the whole, little might seem to be left to describe +for his "sons" and successors. Enough, however, remained; only that his +followers speedily again threw manners and "humours" into an +undistinguishable medley. + +The gift which both in his art and in his life Jonson lacked was that of +exercising the influence or creating the effects which he wished to +exercise or create without the appearance of consciousness. Concealment +never crept over his efforts, and he scorned insinuation. Instead of +this, influenced no doubt by the example of the free relations between +author and public permitted by Attic comedy, he resorted again and +again, from _Every Man out of his Humour_ to _The Magnetic Lady_, to +inductions and commentatory intermezzos and appendices, which, though +occasionally effective by the excellence of their execution, are to be +regretted as introducing into his dramas an exotic and often vexatious +element. A man of letters to the very core, he never quite understood +that there is and ought to be a wide difference of methods between the +world of letters and the world of the theatre. + +The richness and versatility of Jonson's genius will never be fully +appreciated by those who fail to acquaint themselves with what is +preserved to us of his "masques" and cognate entertainments. He was +conscious enough of his success in this direction--"next himself," he +said, "only Fletcher and Chapman could write a masque." He introduced, +or at least established, the ingenious innovation of the anti-masque, +which Schlegel has described, as a species of "parody added by the poet +to his device, and usually prefixed to the serious entry," and which +accordingly supplies a grotesque antidote to the often extravagantly +imaginative main conception. Jonson's learning, creative power and +humorous ingenuity--combined, it should not be forgotten, with a genuine +lyrical gift--all found abundant opportunities for displaying themselves +in these productions. Though a growth of foreign origin, the masque was +by him thoroughly domesticated in the high places of English literature. +He lived long enough to see the species produce its poetic masterpiece +in Comus. + +_The Sad Shepherd_, of which Jonson left behind him three acts and a +prologue, is distinguished among English pastoral dramas by its +freshness of tone; it breathes something of the spirit of the greenwood, +and is not unnatural even in its supernatural element. While this piece, +with its charming love-scenes between Robin Hood and Maid Marion, +remains a fragment, another pastoral by Jonson, the _May Lord_ (which F. +G. Fleay and J. A. Symonds sought to identify with _The Sad Shepherd_; +see, however, W. W. Greg in introduction to the Louvain reprint), has +been lost, and a third, of which Loch Lomond was intended to be the +scene, probably remained unwritten. + +Though Ben Jonson never altogether recognized the truth of the maxim +that the dramatic art has properly speaking no didactic purpose, his +long and laborious life was not wasted upon a barren endeavour. In +tragedy he added two works of uncommon merit to our dramatic literature. +In comedy his aim was higher, his effort more sustained, and his success +more solid than were those of any of his fellows. In the subsidiary and +hybrid species of the masque, he helped to open a new and attractive +though undoubtedly devious path in the field of dramatic literature. His +intellectual endowments surpassed those of most of the great English +dramatists in richness and breadth; and in energy of application he +probably left them all behind. Inferior to more than one of his +fellow-dramatists in the power of imaginative sympathy, he was first +among the Elizabethans in the power of observation; and there is point +in Barrett Wendell's paradox, that as a dramatist he was not really a +poet but a painter. Yet it is less by these gifts, or even by his +unexcelled capacity for hard work, than by the true ring of manliness +that he will always remain distinguished among his peers. + +Jonson was buried on the north side of the nave in Westminster Abbey, +and the inscription, "O Rare Ben Jonson," was cut in the slab over his +grave. In the beginning of the 18th century a portrait bust was put up +to his memory in the Poets' Corner by Harley, earl of Oxford. Of +Honthorst's portrait of Jonson at Knole Park there is a copy in the +National Portrait Gallery; another was engraved by W. Marshall for the +1640 edition of his Poems. + + BIBLIOGRAPHY.--The date of the first folio volume of Jonson's _Works_ + (of which title his novel but characteristic use in applying it to + plays was at the time much ridiculed) has already been mentioned as + 1616; the second, professedly published in 1640, is described by + Gifford as "a wretched continuation of the first, printed from MSS. + surreptitiously obtained during his life, or ignorantly hurried + through the press after his death, and bearing a variety of dates from + 1631 to 1641 inclusive." The works were reprinted in a single folio + volume in 1692, in which _The New Inn_ and _The Case is Altered_ were + included for the first time, and again in 6 vols. 8vo in 1715. Peter + Whalley's edition in 7 vols., with a life, appeared in 1756, but was + superseded in 1816 by William Gifford's, in 9 vols. (of which the + first includes a biographical memoir, and the famous essay on the + "Proofs of Ben Jonson's Malignity, from the Commentators on + Shakespeare"). A new edition of Gifford's was published in 9 vols. in + 1875 by Colonel F. Cunningham, as well as a cheap reprint in 3 vols. + in 1870. Both contain the _Conversations_ with Drummond, which were + first printed in full by David Laing in the _Shakespeare Society's + Publications_ (1842) and the _Jonsonus Virbius_, a collection + (unparalleled in number and variety of authors) of poetical tributes, + published about six months after Jonson's death by his friends and + admirers. There is also a single-volume edition, with a very readable + memoir, by Barry Cornwall (1838). An edition of Ben Jonson's works + from the original texts was recently undertaken by C. H. Herford and + Percy Simpson. A selection from his plays, edited for the "Mermaid" + series in 1893-1895 by B. Nicholson, with an introduction by C. H. + Herford, was reissued in 1904. W. W. Bang in his _Materialien zur + Kunde des alten englischen Dramas_ has reprinted from the folio of + 1616 those of Ben Jonson's plays which are contained in it (Louvain, + 1905-1906). _Every Man in his Humour_ and _Every Man out of his + Humour_ have been edited for the same series (16 and 17, 1905 and + 1907) by W. W. Bang and W. W. Greg. _Every Man in his Humour_ has also + been edited, with a brief biographical as well as special + introduction, to which the present sketch owes some details, by H. B. + Wheatley (1877). Some valuable editions of plays by Ben Jonson have + been recently published by American scholars in the _Yale Studies in + English_, edited by A. S. Cook--_The Poetaster_, ed. H. S. Mallory + (1905); _The Alchemist_, ed. C. M. Hathaway (1903); _The Devil is an + Ass_, ed. W. S. Johnson (1905); _The Staple of News_, ed. De Winter + (1905); _The New Inn_, ed. by G. Bremner (1908); _The Sad Shepherd_ + (with Waldron's continuation) has been edited by W. W. Greg for Bang's + _Materialien zur Kunde des alten englischen Dramas_ (Louvain, 1905). + + The criticisms of Ben Jonson are too numerous for cataloguing here; + among those by eminent Englishmen should be specially mentioned John + Dryden's, particularly those in his _Essay on Dramatic Poësy_ + (1667-1668; revised 1684), and in the preface to _An Evening's Love, + or the Mock Astrologer_ (1668), and A. C. Swinburne's _Study of Ben + Jonson_ (1889), in which, however, the significance of the + _Discoveries_ is misapprehended. See also F. G. Fleay, _Biographical + Chronicle of the English Drama_ (1891), i. 311-387, ii. 1-18; C. H. + Herford, "Ben Jonson" (art. in _Dict. Nat. Biog._, vol. xxx., 1802); + A. W. Ward, _History of English Dramatic Literature_, 2nd ed. (1899), + ii. 296-407; and for a list of early impressions, W. W. Greg, _List of + English Plays written before 1643 and printed before 1700_ + (Bibliographical Society, 1900), pp. 55-58 and supplement 11-15. An + important French work on Ben Jonson, both biographical and critical, + and containing, besides many translations of scenes and passages, some + valuable appendices, to more than one of which reference has been made + above, is Maurice Castelain's _Ben Jonson, l'homme et l'oeuvre_ + (1907). Among treatises or essays on particular aspects of his + literary work may be mentioned Emil Koeppel's _Quellenstudien zu den + Dramen Ben Jonson's_, &c. (1895); the same writer's "Ben Jonson's + Wirkung auf zeitgenössische Dramatiker," &c., in _Anglicistische + Forschungen_, 20 (1906); F. E. Schelling's _Ben Jonson and the + Classical School_ (1898); and as to his masques, A. Soergel, _Die + englischen Maskenspiele_ (1882) and J. Schmidt, "Über Ben Jonson's + Maskenspiele," in Herrig's _Archiv_, &c., xxvii. 51-91. See also H. + Reinsch, "Ben Jonson's Poetik und seine Beziehungen zu Horaz," in + _Münchener Beiträge_, 16 (1899). (A. W. W.) + + +FOOTNOTES: + + [1] His Christian name of Benjamin was usually abbreviated by himself + and his contemporaries; and thus, in accordance with his famous + epitaph, it will always continue to be abbreviated. + + [2] With Inigo Jones, however, in quarrelling with whom, as Howell + reminds Jonson, the poet was virtually quarrelling with his bread and + butter, he seems to have found it impossible to live permanently at + peace; his satirical _Expostulation_ against the architect was + published as late as 1635. Chapman's satire against his old + associate, perhaps due to this quarrel, was left unfinished and + unpublished. + + [3] Of _The Fall of Mortimer_ Jonson left only a few lines behind + him; but, as he also left the argument of the play, factious + ingenuity contrived to furbish up the relic into a libel against + Queen Caroline and Sir Robert Walpole in 1731, and to revive the + contrivance by way of an insult to the princess dowager of Wales and + Lord Bute in 1762. + + + + +JOPLIN, a city of Jasper county, Missouri, U.S.A., on Joplin creek, +about 140 m. S. of Kansas City. Pop. (1890), 9943; (1900), 26,023, of +whom 893 were foreign-born and 773 were negroes; (1910 census) 32,073. +It is served by the Missouri Pacific, the St Louis & San Francisco, the +Missouri, Kansas & Texas, and the Kansas City Southern railways, and by +interurban electric lines. The city has a fine court-house, a United +States government building, a Carnegie library and a large auditorium. +Joplin is the trade centre of a rich agricultural and fruit-growing +district, but its growth has been chiefly due to its situation in one of +the most productive zinc and lead regions in the country, for which it +is the commercial centre. In 1906 the value of zinc-ore shipments from +this Missouri-Kansas (or Joplin) district was $12,074,105, and of +shipments of lead ore, $3,048,558. The value of Joplin's factory product +in 1905 was $3,006,203, an increase of 29.3% since 1900. Natural gas, +piped from the Kansas fields, is used for light and power, and +electricity for commercial lighting and power is derived from plants on +Spring River, near Vark, Kansas, and on Shoal creek. The municipality +owns its electric-lighting plant; the water-works are under private +ownership. The first settlement in the neighbourhood was made in 1838. +In 1871 Joplin was laid out and incorporated as a town; in 1872 it and a +rival town on the other side of Joplin creek were united under the name +Union City; in 1873 Union City was chartered as a city under the name +Joplin; and in 1888 Joplin was chartered as a city of the third class. +The city derives its name from the creek, which was named in honour of +the Rev. Harris G. Joplin (c. 1810-1847), a native of Tennessee. + + + + +JOPPA, less correctly JAFFA (Arab. _Yafa_), a seaport on the coast of +Palestine. It is of great antiquity, being mentioned in the tribute +lists of Tethmosis (Thothmes) III.; but as it never was in the territory +of the pre-exilic Israelites it was to them a place of no importance. +Its ascription to the tribe of Dan (Josh. xix. 46) is purely +theoretical. According to the authors of Chronicles (2 Chron. ii. 16), +Ezra (iii. 7) and Jonah (i. 3) it was a seaport for importation of the +Lebanon timber floated down the coasts or for ships plying even to +distant Tarshish. About 148 B.C. it was captured from the Syrians by +Jonathan Maccabaeus (1 Macc. x. 75) and later it was retaken and +garrisoned by Simon his brother (xii. 33, xiii. 11). It was restored to +the Syrians by Pompey (Jos., _Ant._ xiv. 4, 4) but again given back to +the Jews (ib. xiv. 10, 6) with an exemption from tax. St Peter for a +while lodged at Joppa, where he restored the benevolent widow Tabitha to +life, and had the vision which taught him the universality of the plan +of Christianity. + +According to Strabo (xvi. ii.), who makes the strange mistake of saying +that Jerusalem is visible from Joppa, the place was a resort of pirates. +It was destroyed by Vespasian in the Jewish War (68). Tradition connects +the story of Andromeda and the sea-monster with the sea-coast of Joppa, +and in early times her chains were shown as well as the skeleton of the +monster itself (Jos. _Wars_, iii. 9, 3). The site seems to have been +shown even to some medieval pilgrims, and curious traces of it have been +detected in modern Moslem legends. + +In the 5th and 11th centuries we hear from time to time of bishops of +Joppa, under the metropolitan of Jerusalem. In 1126 the district was +captured by the knights of St John, but lost to Saladin in 1187. Richard +Coeur de Lion retook it in 1191, but it was finally retaken by Malek el +'Adil in 1196. It languished for a time; in the 16th century it was an +almost uninhabited ruin; but towards the end of the 17th century it +began anew to develop as a seaport. In 1799 it was stormed by Napoleon; +the fortifications were repaired and strengthened by the British. + +The modern town of Joppa derives its importance, first, as a seaport for +Jerusalem and the whole of southern Palestine, and secondly as a centre +of the fruit-growing industry. During the latter part of the 19th +century it greatly increased in size. The old city walls have been +entirely removed. Its population is about 35,000 (Moslems 23,000, +Christians 5000, Jews 7000; with the Christians are included the +"Templars," a semi-religious, semi-agricultural German colony of about +320 souls). The town, which rises over a rounded hillock on the coast, +about 100 ft. high, has a very picturesque appearance from the sea. The +harbour (so-called) is one of the worst existing, being simply a natural +breakwater formed by a ledge of reefs, safe enough for small Oriental +craft, but very dangerous for large vessels, which can only make use of +the seaport in calm weather; these never come nearer than about a mile +from the shore. A railway and a bad carriage-road connect Joppa with +Jerusalem. The water of the town is derived from wells, many of which +have a brackish taste. The export trade of the town consists of soap of +olive oil, sesame, barley, water melons, wine and especially oranges +(commonly known as Jaffa oranges), grown in the famous and +ever-increasing gardens that lie north and east of the town. The chief +imports are timber, cotton and other textile goods, tiles, iron, rice, +coffee, sugar and petroleum. The value of the exports in 1900 was +estimated at £264,950, the imports £382,405. Over 10,000 pilgrims, +chiefly Russians, and some three or four thousand tourists land annually +at Joppa. The town is the seat of a kaimakam or lieutenant-governor, +subordinate to the governor of Jerusalem, and contains vice-consulates +of Great Britain, France, Germany, America and other powers. There are +Latin, Greek, Armenian and Coptic monasteries; and hospitals and schools +under British, French and German auspices. (R. A. S. M.) + + + + +JORDAENS, JACOB (1593-1678), Flemish painter, was born and died at +Antwerp. He studied, like Rubens, under Adam van Noort, and his marriage +with his master's daughter in 1616, the year after his admission to the +gild of painters, prevented him from visiting Rome. He was forced to +content himself with studying such examples of the Italian masters as he +found at home; but a far more potent influence was exerted upon his +style by Rubens, who employed him sometimes to reproduce small sketches +in large. Jordaens is second to Rubens alone in their special department +of the Flemish school. In both there is the same warmth of colour, truth +to nature, mastery of chiaroscuro and energy of expression; but Jordaens +is wanting in dignity of conception, and is inferior in choice of forms, +in the character of his heads, and in correctness of drawing. Not seldom +he sins against good taste, and in some of his humorous pieces the +coarseness is only atoned for by the animation. Of these last he seems +in some cases to have painted several replicas. He employed his pencil +also in biblical, mythological, historical and allegorical subjects, and +is well-known as a portrait painter. He also etched some plates. + + See the elaborate work on the painter, by Max Rooses (1908). + + + + +JORDAN, CAMILLE (1771-1821), French politician, was born in Lyons on the +11th of January 1771 of a well-to-do mercantile family. He was educated +in Lyons, and from an early age was imbued with royalist principles. He +actively supported by voice, pen and musket his native town in its +resistance to the Convention; and when Lyons fell, in October 1793, +Jordan fled. From Switzerland he passed in six months to England, where +he formed acquaintances with other French exiles and with prominent +British statesmen, and imbibed a lasting admiration for the English +Constitution. In 1796 he returned to France, and next year he was sent +by Lyons as a deputy to the Council of Five Hundred. There his eloquence +won him consideration. He earnestly supported what he felt to be true +freedom, especially in matters of religious worship, though the +energetic appeal on behalf of church bells in his _Rapport sur la +liberté des cultes_ procured him the sobriquet of Jordan-Cloche. +Proscribed at the _coup d'état_ of the 18th Fructidor (4th of September +1797) he escaped to Basel. Thence he went to Germany, where he met +Goethe. Back again in France by 1800, he boldly published in 1802 his +_Vrai sens du vote national pour le consulat à vie_, in which he exposed +the ambitious schemes of Bonaparte. He was unmolested, however, and +during the First Empire lived in literary retirement at Lyons with his +wife and family, producing for the Lyons academy occasional papers on +the _Influence réciproque de l'éloquence sur la Révolution et de la +Révolution sur l'éloquence_; _Études sur Klopstock_, &c. At the +restoration in 1814 he again emerged into public life. By Louis XVIII. +he was ennobled and named a councillor of state; and from 1816 he sat in +the chamber of deputies as representative of Ain. At first he supported +the ministry, but when they began to show signs of reaction he separated +from them, and gradually came to be at the head of the constitutional +opposition. His speeches in the chamber were always eloquent and +powerful. Though warned by failing health to resign, Camille Jordan +remained at his post till his death at Paris, on the 19th of May 1821. + + To his pen we owe _Lettre à M. Lamourette_ (1791); _Histoire de la + conversion d'une dame Parisienne_ (1792); _La Loi et la religion + vengées_ (1792); _Adresse à ses commettants sur la révolution du 4 + Septembre 1797_ (1797); _Sur les troubles de Lyon_ (1818); _La Session + de 1817_ (1818). His _Discours_ were collected in 1818. The "Fragments + choisis," and translations from the German, were published in + _L'Abeille française_. Besides the various histories of the time, see + further details vol. x. of the _Revue encyclopédique_; a paper on + Jordan and Madame de Staël, by C. A. Sainte-Beuve, in the _Revue des + deux mondes_ for March 1868 and R. Boubée, "Camille Jordan à Weimar," + in the _Correspondant_ (1901), ccv. 718-738 and 948-970. + + + + +JORDAN, DOROTHEA (1762-1816), Irish actress, was born near Waterford, +Ireland, in 1762. Her mother, Grace Phillips, at one time known as Mrs +Frances, was a Dublin actress. Her father, whose name was Bland, was +according to one account an army captain, but more probably a stage +hand. Dorothy Jordan made her first appearance on the stage in 1777 in +Dublin as Phoebe in _As You Like It_. After acting elsewhere in Ireland +she appeared in 1782 at Leeds, and subsequently at other Yorkshire +towns, in a variety of parts, including Lady Teazle. It was at this time +that she began calling herself Mrs Jordan. In 1785 she made her first +London appearance at Drury Lane as Peggy in _A Country Girl_. Before the +end of her first season she had become an established public favourite, +her acting in comedy being declared second only to that of Kitty Clive. +Her engagement at Drury Lane lasted till 1809, and she played a large +variety of parts. But gradually it came to be recognized that her +special talent lay in comedy, her Lady Teazle, Rosalind and Imogen being +specially liked, and such "breeches" parts as William in _Rosina_. +During the rebuilding of Drury Lane she played at the Haymarket; she +transferred her services in 1811 to Covent Garden. Here, in 1814, she +made her last appearance on the London stage, and the following year, at +Margate, retired altogether. Mrs Jordan's private life was one of the +scandals of the period. She had a daughter by her first manager, in +Ireland, and four children by Sir Richard Ford, whose name she bore for +some years. In 1790 she became the mistress of the duke of Clarence +(afterwards William IV.), and bore him ten children, who were ennobled +under the name of Fitz Clarence, the eldest being created earl of +Munster. In 1811 they separated by mutual consent, Mrs Jordan being +granted a liberal allowance. In 1815 she went abroad. According to one +story she was in danger of imprisonment for debt. If so, the debt must +have been incurred on behalf of others--probably her relations, who +appear to have been continually borrowing from her--for her own personal +debts were very much more than covered by her savings. She is generally +understood to have died at St Cloud, near Paris, on the 3rd of July +1816, but the story that under an assumed name she lived for seven years +after that date in England finds some credence. + + See James Boaden, _Life of Mrs Jordan_ (1831); _The Great + Illegitimates_ (1830); John Genest, _Account of the Stage_; Tate + Wilkinson, _The Wandering Patentee; Memoirs and Amorous Adventures by + Sea and Land of King William IV._ (1830); _The Georgian Era_ (1838). + + + + +JORDAN, THOMAS (1612?-1685), English poet and pamphleteer, was born in +London and started life as an actor at the Red Bull theatre in +Clerkenwell. He published in 1637 his first volume of poems, entitled +_Poeticall Varieties_, and in the same year appeared _A Pill to Purge +Melancholy_. In 1639 he recited one of his poems before King Charles I., +and from this time forward Jordan's output in verse and prose was +continuous and prolific. He freely borrowed from other authors, and +frequently re-issued his own writings under new names. During the +troubles between the king and the parliament he wrote a number of +Royalist pamphlets, the first of which, _A Medicine for the Times, or an +Antidote against Faction_, appeared in 1641. Dedications, occasional +verses, prologues and epilogues to plays poured from his pen. Many +volumes of his poems bear no date, and they were probably written during +the Commonwealth. At the Restoration he eulogized Monk, produced a +masque at the entertainment of the general in the city of London and +wrote pamphlets in his support. He then for some years devoted his chief +attention to writing plays, in at least one of which, _Money is an Ass_, +he himself played a part when it was produced in 1668. In 1671 he was +appointed laureate to the city of London; from this date till his death +in 1685 he annually composed a panegyric on the lord mayor, and arranged +the pageantry of the lord mayor's shows, which he celebrated in verse +under such titles as _London Triumphant, or the City in Jollity and +Splendour_ (1672), or _London in Luster, Projecting many Bright Beams of +Triumph_ (1679). Many volumes of these curious productions are preserved +in the British Museum. + + In addition to his numerous printed works, of which perhaps _A Royal + Arbour of Loyall Poesie_ (1664) and _A Nursery of Novelties in Variety + of Poetry_ are most deserving of mention, several volumes of his poems + exist in manuscript. W. C. Hazlitt and other 19th-century critics + found more merit in Jordan's writings than was allowed by his + contemporaries, who for the most part scornfully referred to his + voluminous productions as commonplace and dull. + + See Gerard Langbaine, _Account of the English Dramatic Poets_ (1691); + David Erskine Baker, _Biographia Dramatica_ (4 vols., 1812); W. C. + Hazlitt, _Handbook to the Popular, Poetical and Dramatic Literature of + Great Britain_ (1867); F. W. Fairholt, _Lord Mayors Pageants_ (Percy + Society, 1843), containing a memoir of Thomas Jordan; John Gough + Nichols, _London Pageants_ (1831). + + + + +JORDAN, WILHELM (1819-1904), German poet and novelist, was born at +Insterburg in East Prussia on the 8th of February 1819. He studied, +first theology and then philosophy and natural science, at the +universities of Konigsberg and Berlin. He settled in Leipzig as a +journalist; but the democratic views expressed in some essays and the +volumes of poems _Glocke und Kanone_ (1481) and _Irdische Phantasien_ +(1842) led to his expulsion from Saxony in 1846. He next engaged in +literary and tutorial work in Bremen, and on the outbreak of the +revolution, in February 1848, was sent to Paris, as correspondent of the +_Bremer Zeitung_. He almost immediately, however, returned to Germany +and, throwing himself into the political fray in Berlin, was elected +member for Freienwalde, in the first German parliament at +Frankfort-on-Main. For a short while he sided with the Left, but soon +joined the party of von Gagern. On a vote having been passed for the +establishment of a German navy, he was appointed secretary of the +committee to deal with the whole question, and was subsequently made +ministerial councillor (_Ministerialrat_) in the naval department of the +government. The naval project was abandoned, Jordan was pensioned and +afterwards resided at Frankfort-on-Main until his death on the 25th of +June 1904, devoting himself to literary work, acting as his own +publisher, and producing numerous poems, novels, dramas and +translations. + + Among his best known works are: _Demiurgos_ (3 vols., 1852-1854), a + "Mysterium," in which he attempted to deal with the problems of human + existence, but the work found little favour; _Nibelunge_, an epic poem + in alliterative verse, in two parts, (1) _Sigfnedsage_ (1867-1868; + 13th ed. 1889) and (2) _Hildebrants Heimkehr_ (1874; 10th ed. + 1892)--in the first part he is regarded as having been remarkably + successful; a tragedy, _Die Wittwe des Agis_ (1858); the comedies, + _Die Liebesleugner_ (1855) and _Durchs Ohr_ (1870; 6th ed. 1885); and + the novels _Die Sebalds_ (1885) and _Zwei Wiegen_ (1887). Jordan also + published numerous translations, notably _Homers Odyssee_ (1876; 2nd + ed. 1889) and _Homers Ilias_ (1881; 2nd ed. 1894); _Die Edda_ (1889). + He was also distinguished as a reciter, and on a visit to the United + States in 1871 read extracts from his works before large audiences. + + + + +JORDAN (the down-comer; Arab. _esh-Sheri'a_, the watering-place), the +only river of Palestine and one of the most remarkable in the world. It +flows from north to south in a deep trough-like valley, the Aulon of the +Greeks and Ghor of the Arabs, which is usually believed to follow the +line of a fault or fracture of the earth's crust. Most geologists hold +that the valley is part of an old sea-bed, traces of which remain in +numerous shingle-banks and beach-levels. This, they say, once extended +to the Red Sea and even over N.E. Africa. Shrinkage caused the pelagic +limestone bottom to be upheaved in two ridges, between which occurred a +long fracture, which can now be traced from Coelesyria down the Wadi +Araba to the Gulf of Akaba. The Jordan valley in its lower part keeps +about the old level of the sea-bottom and is therefore a remnant of the +Miocene world. This theory, however, is not universally accepted, some +authorities preferring to assume a succession of more strictly local +elevations and depressions, connected with the recent volcanic activity +of the Jaulan and Lija districts on the east bank, which brought the +contours finally to their actual form. In any case the number of +distinct sea-beaches seems to imply a succession of convulsive changes, +more recent than the great Miocene upheaval, which are responsible for +the shrinkage of the water into the three isolated pans now found. For +more than two-thirds of its course the Jordan lies below the level of +the sea. It has never been navigable, no important town has ever been +built on its banks, and it runs into an inland sea which has no port and +is destitute of aquatic life. Throughout history it has exerted a +separatist influence, roughly dividing the settled from the nomadic +populations; and the crossing of Jordan, one way or the other, was +always an event in the history of Israel. In Hebrew times its valley was +regarded as a "wilderness" and, except in the Roman era, seems always to +have been as sparsely inhabited as now. From its sources to the Dead Sea +it rushes down a continuous inclined plane, broken here and there by +rapids and small falls; between the Sea of Galilee and the Dead Sea its +sinuosity is so great that in a direct distance of 65 m. it traverses at +least 200 m. The mean fall is about 9 ft. in the mile. The Jordan has +two great sources, one in Tell el-Kadi (Dan) whence springs the Nahr +Leddan, a stream 12 ft. broad at its birth; the other at Banias (anc. +Paneas, Caesarea-Philippi), some 4 m. N., where the Nahr Banias issues +from a cave, about 30 ft. broad. But two longer streams with less water +contest their claim, the Nahr Barrighit from Coelesyria, which rises +near the springs of the Litany, and the Nahr Hasbany from Hermon. The +four streams unite below the fortress of Banias, which once held the +gate of the valley, and flow into a marshy tract now called Huleh +(Semechonitis, and perhaps Merom of Joshua). There the Jordan begins to +fall below sea-level, rushing down 680 ft. in 9 m. to a delta, which +opens into the Sea of Galilee. Thereafter it follows a valley which is +usually not above 4 m. broad, but opens out twice into the small plains +of Bethshan and Jericho. The river actually flows in a depression, the +Zor, from a quarter to 2 m. wide, which it has hollowed out for itself +in the bed of the Ghor. During the rainy season (January and February), +when the Jordan overflows its banks, the Zor is flooded, but when the +water falls it produces rich crops. The floor of the Ghor falls gently +to the Zor, and is intersected by deep channels, which have been cut by +the small streams and winter torrents that traverse it on their way to +the Jordan. As far south as Kurn Surtabeh most of the valley is fertile, +and even between that point and the Dead Sea there are several +well-watered oases. In summer the heat in the Ghor is intense, 110° F. +in the shade, but in winter the temperature falls to 40°, and sometimes +to 32° at night. During the seasons of rain and melting snow the river +is very full, and liable to freshets. After twelve hours' rain it has +been known to rise from 4 to 5 ft., and to fall as rapidly. In 1257 the +Jordan was dammed up for several hours by a landslip, probably due to +heavy rain. On leaving the Sea of Galilee the water is quite clear, but +it soon assumes a tawny colour from the soft marl which it washes away +from its banks and deposits in the Dead Sea. On the whole it is an +unpleasant foul stream running between poisonous banks, and as such it +seems to have been regarded by the Jews and other Syrians. The Hebrew +poets did not sing its praises, and others compared it unfavourably with +the clear rivers of Damascus. The clay of the valley was used for +brickmaking, and Solomon established brass foundries there. From +crusading times to this day it has grown sugar-cane. In Roman times it +had extensive palm-groves and some small towns (e.g. Livias or Julias +opposite Jericho) and villages. The Jordan is crossed by two stone +bridges--one north of Lake Huleh, the other between that lake and the +Sea of Galilee--and by a wooden bridge on the road from Jerusalem to +Gilead and Moab. During the Roman period, and almost to the end of the +Arab supremacy, there were bridges on all the great lines of +communication between eastern and western Palestine, and ferries at +other places. The depth of water varies greatly with the season. When +not in flood the river is often fordable, and between the Sea of Galilee +and the Dead Sea there are then more than fifty fords--some of them of +historic interest. The only difficulty is occasioned by the erratic +zigzag current. The natural products of the Jordan valley--a tropical +oasis sunk in the temperate zone, and overhung by Alpine Hermon--are +unique. Papyrus grows in Lake Huleh, and rice and cereals thrive on its +shores, whilst below the Sea of Galilee the vegetation is almost +tropical. The flora and fauna present a large infusion of Ethiopian +types; and the fish, with which the river is abundantly stocked, have a +great affinity with those of the rivers and lakes of east Africa. Ere +the Jordan enters the Dead Sea, its valley has become very barren and +forbidding. It reaches the lake at a minus level of 1290 ft., the +depression continuing downwards to twice that depth in the bed of the +Dead Sea. It receives two affluents, with perennial waters, on the left, +the Yarmuk (Hieromax) which flows in from the volcanic Jaulan a little +south of the Sea of Galilee, and the Zerka (Jabbok) which comes from the +Belka district to a point more than half-way down the lower course. On +the right the Jalud descends from the plain of Esdraelon to near Beisan, +and the Far'a from near Nablus. Various salt springs rise in the lower +valley. The rest of the tributaries are wadis, dry except after rains. + +Such human life as may be found in the valley now is mainly migratory. +The Samaritan villagers use it in winter as pasture-ground, and, with +the Circassians and Arabs of the east bank, cultivate plots here and +there. They retire on the approach of summer. Jericho is the only +considerable settlement in the lower valley, and it lies some distance +west of the stream on the lower slopes of the Judaean heights. + + See W. F. Lynch, _Narrative of the U.S. Expedition_, &c. (1849); H. B. + Tristram, _Land of Israel_ (1865); J. Macgregor, _Rob Roy on the + Jordan_ (1870); A. Neubauer, _La Géographie du Talmud_ (1868); E. + Robinson, _Physical Geography of the Holy Land_ (1865); E. Hull, + _Mount Seir_, &c. (1885), and _Memoir on the Geology of Arabia + Petraea_, &c. (1886); G. A. Smith, _Hist. Geography of the Holy Land_ + (1894); W. Libbey and F. E. Hoskins, _The Jordan Valley_, &c. (1905). + See also PALESTINE. (C. W. W.; D. G. H.) + + + + +JORDANES,[1] the historian of the Gothic nation, flourished about the +middle of the 6th century. All that we certainly know about his life is +contained in three sentences of his history of the Goths (cap. 50), from +which, among other particulars as to the history of his family, we learn +that his grandfather Paria was notary to Candac, the chief of a +confederation of Alans and other tribes settled during the latter half +of the 5th century on the south of the Danube in the provinces which are +now Bulgaria and the Dobrudscha. Jordanes himself was the notary of +Candac's nephew, the Gothic chief Gunthigis, until he took the vows of a +monk. This, according to the manner of speaking of that day, is the +meaning of his words _ante conversionem meam_, though it is quite +possible that he may at the same time have renounced the Arian creed of +his forefathers, which it is clear that he no longer held when he wrote +his Gothic history. The _Getica_ of Jordanes shows Gothic sympathies; +but these are probably due to an imitation of the tone of Cassiodorus, +from whom he draws practically all his material. He was not himself a +Goth, belonging to a confederation of Germanic tribes, embracing Alans +and Scyrians, which had come under the influence of the Ostrogoths +settled on the lower Danube; and his own sympathies are those of a +member of this confederation. He is accordingly friendly to the Goths, +even apart from the influence of Cassiodorus; but he is also +prepossessed in favour of the eastern emperors in whose territories this +confederation lived and whose subject he himself was. This makes him an +impartial authority on the last days of the Ostrogoths. At the same +time, living in Moesia, he is restricted in his outlook to Danubian +affairs. He has little to say of the inner history and policy of the +kingdom of Theodoric: his interests lie, as Mommsen says, within a +triangle of which the three points are Sirmium, Larissa and +Constantinople. Finally, connected as he was with the Alans, he shows +himself friendly to them, whenever they enter into his narrative. + +We pass from the extremely shadowy personality of Jordanes to the more +interesting question of his works. + +1. The _Romana_, or, as he himself calls it, _De summa temporum vel +origine actibusque gentis Romanorum_, was composed in 551. It was begun +before, but published after, the _Getica_. It is a sketch of the history +of the world from the creation, based on Jerome, the epitome of Florus, +Orosius and the ecclesiastical history of Socrates. There is a curious +reference to Iamblichus, apparently the neo-platonist philosopher, whose +name Jordanes, being, as he says himself, _agrammatus_, inserts by way +of a flourish. The work is only of any value for the century 450-550, +when Jordanes is dealing with recent history. It is merely a hasty +compilation intended to stand side by side with the _Getica_.[2] + +2. The other work of Jordanes commonly called _De rebus Geticis_ or +_Getica_, was styled by himself _De origine actibusque Getarum_, and +was also written in 551. He informs us that while he was engaged upon +the _Romana_ a friend named Castalius invited him to compress into one +small treatise the twelve books--now lost--of the senator Cassiodorus, +on _The Origin and Actions of the Goths_. Jordanes professes to have had +the work of Cassiodorus in his hands for but three days, and to +reproduce the sense not the words; but his book, short as it is, +evidently contains long verbatim extracts from the earlier author, and +it may be suspected that the story of the _triduana lectio_ and the +apology _quamvis verba non recolo_, possibly even the friendly +invitation of Castalius, are mere blinds to cover his own entire want of +originality. This suspicion is strengthened by the fact (discovered by +von Sybel) that even the very preface to his book is taken almost word +for word from Rufinus's translation of Origen's commentary on the +epistle to the Romans. There is no doubt, even on Jordanes' own +statements, that his work is based upon that of Cassiodorus, and that +any historical worth which it possesses is due to that fact. Cassiodorus +was one of the very few men who, Roman by birth and sympathies, could +yet appreciate the greatness of the barbarians by whom the empire was +overthrown. The chief adviser of Theodoric, the East Gothic king in +Italy, he accepted with ardour that monarch's great scheme, if indeed, +he did not himself originally suggest it, of welding Roman and Goth +together into one harmonious state which should preserve the social +refinement and the intellectual culture of the Latin-speaking races +without losing the hardy virtues of their Teutonic conquerors. To this +aim everything in the political life of Cassiodorus was subservient, and +this aim he evidently kept before him in his Gothic history. But in +writing that history Cassiodorus was himself indebted to the work of a +certain Ablabius. It was Ablabius, apparently, who had first used the +Gothic sagas (_prisca carmina_); it was he who had constructed the stem +of the Amals. Whether he was a Greek, a Roman or a Goth we do not know; +nor can we say when he wrote, though his work may be dated conjecturally +in the early part of the reign of Theodoric the Great. We can only say +that he wrote on the origin and history of the Goths, using both Gothic +saga and Greek sources; and that if Jordanes used Cassiodorus, +Cassiodorus used, if to a less extent, the work of Ablabius. + +Cassiodorus began his work, at the request of Theodoric, and therefore +before 526: it was finished by 533. At the root of the work lies a +theory, whencesoever derived, which identified the Goths with the +Scythians, whose country Darius Hystaspes invaded, and with the Getae of +Dacia, whom Trajan conquered. This double identification enabled +Cassiodorus to bring the favoured race into line with the peoples of +classical antiquity, to interweave with their history stories about +Hercules and the Amazons, to make them invade Egypt, to claim for them a +share in the wisdom of the semi-mythical Scythian philosopher Zamolxis. +He was thus able with some show of plausibility to represent the Goths +as "wiser than all the other barbarians and almost like the Greeks" +(Jord., _De reb. Get._, cap. v.), and to send a son of the Gothic king +Telephus to fight at the siege of Troy, with the ancestors of the +Romans. All this we can now perceive to have no relation to history, but +at the time it may have made the subjugation of the Roman less bitter to +feel that he was not after all bowing down before a race of barbarian +upstarts, but that his Amal sovereign was as firmly rooted in classical +antiquity as any Julius or Claudius who ever wore the purple. In the +eighteen years which elapsed between 533 and the composition of the +_Getica_ of Jordanes, great events, most disastrous for the +Romano-Gothic monarchy of Theodoric, had taken place. It was no longer +possible to write as if the whole civilization of the Western world +would sit down contentedly under the shadow of East Gothic dominion and +Amal sovereignty. And, moreover, the instincts of Jordanes, as a subject +of the Eastern Empire, predisposed him to flatter the sacred majesty of +Justinian, by whose victorious arms the overthrow of the barbarian +kingdom in Italy had been effected. Hence we perceive two currents of +tendency in the _Getica_. On the one hand, as a transcriber of the +philo-Goth Cassiodorus, he magnifies the race of Alaric and Theodoric, +and claims for them their full share, perhaps more than their full +share, of glory in the past. On the other hand he speaks of the great +anti-Teuton emperor Justinian, and of his reversal of the German +conquests of the 5th century, in language which would certainly have +grated on the ears of Totila and his heroes. When Ravenna is taken, and +Vitigis carried into captivity, Jordanes almost exults in the fact that +"the nobility of the Amals and the illustrious offspring of so many +mighty men have surrendered to a yet more illustrious prince and a yet +mightier general, whose fame shall not grow dim through all the +centuries." (_Getica_, lx. § 315). + +This laudation, both of the Goths and of their Byzantine conquerors, may +perhaps help us to understand the motive with which the _Getica_ was +written. In the year 551 Germanus, nephew of Justinian, accompanied by +his bride, Matasuntha, grand-daughter of Theodoric, set forth to +reconquer Italy for the empire. His early death prevented any schemes +for a revived Romano-Gothic kingdom which may have been based on his +personality. His widow, however, bore a posthumous child, also named +Germanus, of whom Jordanes speaks (cap. 60) as "blending the blood of +the Anicii and the Amals, and furnishing a hope under the divine +blessing of one day uniting their glories." This younger Germanus did +nothing in after life to realize these anticipations; but the somewhat +pointed way in which his name and his mother's name are mentioned by +Jordanes lends some probability to the view that he hoped for the +child's succession to the Eastern Empire, and the final reconciliation +of the Goths and Romans in the person of a Gotho-Roman emperor. + + The _De rebus Geticis_ falls naturally into four parts. The first + (chs. i.-xiii.) commences with a geographical description of the three + quarters of the world, and in more detail of Britain and Scanzia + (Sweden), from which the Goths under their king Berig migrated to the + southern coast of the Baltic. Their migration across what has since + been called Lithuania to the shores of the Euxine, and their + differentiation into Visigoths and Ostrogoths, are next described. + Chs. v.-xiii. contain an account of the intrusive Geto-Scythian + element before alluded to. + + The second section (chs. xiv.-xxiv.) returns to the true history of + the Gothic nation, sets forth the genealogy of the Amal kings, and + describes the inroads of the Goths into the Roman Empire in the 3rd + century, with the foundation and the overthrow of the great but + somewhat shadowy kingdom of Hermanric. + + The third section (chs. xxv.-xlvii.) traces the history of the West + Goths from the Hunnish invasion to the downfall of the Gothic kingdom + in Gaul under Alaric II. (376-507). The best part of this section, and + indeed of the whole book, is the seven chapters devoted to Attila's + invasion of Gaul and the battle of the Mauriac plains. Here we have in + all probability a verbatim extract from Cassiodorus, who (possibly + resting on Ablabius) interwove with his narrative large portions of + the Gothic sagas. The celebrated expression _certaminis gaudia_ + assuredly came at first neither from the suave minister Cassiodorus + nor from the small-souled notary Jordanes, but is the translation of + some thought which first found utterance through the lips of a Gothic + minstrel. + + The fourth section (chs. xlviii.-lx.) traces the history of the East + Goths from the same Hunnish invasion to the first overthrow of the + Gothic monarchy in Italy (376-539). In this fourth section are + inserted, somewhat out of their proper place, some valuable details as + to the _Gothi Minores_, "an immense people dwelling in the region of + Nicopolis, with their high priest and primate Vulfilas, who is said + also to have taught them letters." The book closes with the allusion + to Germanus and the panegyric on Justinian as the conqueror of the + Goths referred to above. + + Jordanes refers in the _Getica_ to a number of authors besides + Cassiodorus; but he owes his knowledge of them to Cassiodorus. It is + perhaps only when he is using Orosius that we can hold Jordanes to + have borrowed directly. Otherwise, as Mommsen says, the _Getica is a + mera epitome, laxata ea et perversa, historiae Gothicae + Cassiodorianae_. + + As to the style and literary character of Jordanes, every author who + has used him speaks in terms of severe censure. When he is left to + himself and not merely transcribing, he is sometimes scarcely + grammatical. There are awkward gaps in his narrative and statements + inconsistent with each other. He quotes, as if he were familiarly + acquainted with their writings, a number of Greek and Roman writers, + of whom it is almost certain that he had not read more than one or + two. At the same time he does not quote the chronicler Marcellinus, + from whom he has copied verbatim the history of the deposition of + Augustulus. All these faults make him a peculiarly unsatisfactory + authority where we cannot check his statements by those of other + authors. It may, however, be pleaded in extenuation that he is + professedly a transcriber, and, if his story be correct, a + transcriber in peculiarly unfavourable circumstances. He has also + himself suffered much from the inaccuracy of copyists. But nothing has + really been more unfortunate for the reputation of Jordanes as a + writer than the extreme preciousness of the information which he has + preserved to us. The Teutonic tribes whose dim origins he records have + in the course of centuries attained to world-wide dominion. The battle + in the Mauriac plains of which he is really the sole historian, is now + seen to have had important bearings on the destinies of the world. And + thus the hasty pamphlet of a half-educated Gothic monk has been forced + into prominence, almost into rivalry with the finished productions of + the great writers of classical antiquity. No wonder that it stands the + comparison badly; but with all its faults the _Getica_ of Jordanes + will probably ever retain its place side by side with the _De moribus + Germanorum_ of Tacitus as a chief source of information respecting the + history, institutions and modes of thought of our Teutonic + forefathers. + + EDITIONS.--The classical edition is that of Mommsen (in _Mon. Germ. + hist. auct. antiq._, v., ii.), which supersedes the older editions, + such as that in the first volume of Muratori's _Scriptt. rer. Ital._ + The best MS. is the Heidelberg MS., written in Germany, probably in + the 8th century; but this perished in the fire at Mommsen's house. The + next of the MSS. in value are the Vaticanus Palatinus of the 10th + century, and the Valenciennes MS. of the 9th. + + AUTHORITIES.--Von Sybel's essay, _De fontibus Jordanis_ (1838); + Schirren's _De ratione quae inter Jordanem et Cassiodorum intercedat + Commentatio_ (Dorpat, 1858); Kopke's _Die Anfänge des Königthums + beiden Gothen_ (Berlin, 1859); Dahn's _Die Könige der Germanen_, vol. + ii. (Munich, 1861); Ebert's _Geschichte der Christlich-Lateinischen + Literatur_ (Leipsic, 1874); Wattenbach's _Deutschlands + Geschichtsquellen im Mittelalter_ (Berlin, 1877); and the introduction + of Mommsen to his edition. (T. H.; E. Br.) + + +FOOTNOTES: + + [1] The evidence of MSS. is overwhelming against the form Jornandes. + The MSS. exhibit Jordanis or Jordannis; but these are only + Vulgar-Latin spellings of Jordanes. + + [2] The terms of the dedication of this book to a certain Vigilius + make it impossible that the pope (538-555) of that name is meant. + + + + +JORDANUS (JORDAN CATALANI) (fl. 1321-1330), French Dominican missionary +and explorer in Asia, was perhaps born at Séverac in Aveyron, north-east +of Toulouse. In 1302 he may have accompanied the famous Thomas of +Tolentino, via Negropont, to the East; but it is only in 1321 that we +definitely discover him in western India, in the company of the same +Thomas and certain other Franciscan missionaries on their way to China. +Ill-luck detained them at Tana in Salsette island, near Bombay; and here +Jordanus' companions ("the four martyrs of Tana") fell victims to Moslem +fanaticism (April 7, 1321). Jordanus, escaping, worked some time at +Baruch in Gujarat, near the Nerbudda estuary, and at Suali (?) near +Surat; to his fellow-Dominicans in north Persia he wrote two +letters--the first from Gogo in Gujarat (October 12, 1321), the second +from Tana (January 24, 1323/4)--describing the progress of this new +mission. From these letters we learn that Roman attention had already +been directed, not only to the Bombay region, but also to the extreme +south of the Indian peninsula, especially to "Columbum," Quilon, or +Kulam in Travancore; Jordanus' words may imply that he had already +started a mission there before October 1321. From Catholic traders he +had learnt that Ethiopia (i.e. Abyssinia and Nubia) was accessible to +Western Europeans; at this very time, as we know from other sources, the +earliest Latin missionaries penetrated thither. Finally, the _Epistles_ +of Jordanus, like the contemporary _Secreta_ of Marino Sanuto +(1306-1321), urge the pope to establish a Christian fleet upon the +Indian seas. Jordanus, between 1324 and 1328 (if not earlier), probably +visited Kulam and selected it as the best centre for his future work; it +would also appear that he revisited Europe about 1328, passing through +Persia, and perhaps touching at the great Crimean port of Soldaia or +Sudak. He was appointed a bishop in 1328 and nominated by Pope John +XXII. to the see of Columbum in 1330. Together with the new bishop of +Samarkand, Thomas of Mancasola, Jordanus was commissioned to take the +pall to John de Cora, archbishop of Sultaniyah in Persia, within whose +province Kulam was reckoned; he was also commended to the Christians of +south India, both east and west of Cape Comorin, by Pope John. Either +before going out to Malabar as bishop, or during a later visit to the +west, Jordanus probably wrote his _Mirabilia_, which from internal +evidence can only be fixed within the period 1329-1338; in this work he +furnished the best account of Indian regions, products, climate, +manners, customs, fauna and flora given by any European in the Middle +Ages--superior even to Marco Polo's. In his triple division of the +Indies, India Major comprises the shorelands from Malabar to Cochin +China; while India Minor stretches from Sind (or perhaps from +Baluchistan) to Malabar; and India Tertia (evidently dominated by +African conceptions in his mind) includes a vast undefined coast-region +west of Baluchistan, reaching into the neighbourhood of, but not +including, Ethiopia and Prester John's domain. Jordanus' _Mirabilia_ +contains the earliest clear African identification of Prester John, and +what is perhaps the first notice of the Black Sea under that name; it +refers to the author's residence in India Major and especially at Kulam, +as well as to his travels in Armenia, north-west Persia, the Lake Van +region, and Chaldaea; and it supplies excellent descriptions of Parsee +doctrines and burial customs, of Hindu ox-worship, idol-ritual, and +suttee, and of Indian fruits, birds, animals and insects. After the 8th +of April 1330 we have no more knowledge of Bishop Jordanus. + + Of Jordanus' _Epistles_ there is only one MS., viz. Paris, National + Library, 5006 Lat., fol. 182, r. and v.; of the _Mirabilia_ also one + MS. only, viz. London, British Museum, _Additional MSS._, 19,513, + fols. 3, r.-12 r. The text of the _Epistles_ is in Quétif and Echard, + _Scriptores ordinis praedicatorum_, i. 549-550 (Epistle I.); and in + Wadding, _Annales minorum_, vi. 359-361 (Epistle II.); the text of the + _Mirabilia_ in the Paris Geog. Soc.'s _Recueil de voyages_, iv. 1-68 + (1839). The Papal letters referring to Jordanus are in Raynaldus, + _Annales ecclesiastici_, 1330, §§ lv. and lvii. (April 8; Feb. 14). + See also Sir H. Yule's _Jordanus_, a version of the _Mirabilia_ with a + commentary (Hakluyt Soc., 1863) and the same editor's _Cathay_, giving + a version of the _Epistles_, with a commentary, &c. (Hak. Soc., 1866) + pp. 184-185, 192-196, 225-230; F. Kunstmann, "Die Mission in Meliapor + und Tana" and "Die Mission in Columbo" in the _Historisch-politische + Blätter_ of Phillips and Görres, xxxvii. 25-38, 135-152 (Munich, + 1856), &c.; C. R. Beazley, _Dawn of Modern Geography_, iii. 215-235. + (C. R. B.) + + + + +JORIS, DAVID, the common name of JAN JORISZ or JORISZOON (c. 1501-1556), +Anabaptist heresiarch who called himself later JAN VAN BRUGGE; was born +in 1501 or 1502, probably in Flanders, at Ghent or Bruges. His father, +Georgius Joris de Koman, otherwise Joris van Amersfoordt, probably a +native of Bruges, was a shopkeeper and amateur actor at Delft; from the +circumstance that he played the part of King David, his son received the +name of David, but probably not in baptism. His mother was Marytje, +daughter of Jan de Gorter, of a good family in Delft. As a child he was +clever and delicate. He seems then or later to have acquired some +tincture of learning. His first known occupation was that of a +glass-painter; in 1522 he painted windows for the church at Enkhuizen, +North Holland (the birthplace of Paul Potter). In pursuit of his art he +travelled, and is said to have reached England; ill-health drove him +homewards in 1524, in which year he married Dirckgen Willems at Delft. +In the same year the Lutheran reformation took hold of him, and he began +to issue appeals in prose and verse against the Mass and against the +pope as antichrist. On Ascension Day 1528 he committed an outrage on the +sacrament carried in procession; he was placed in the pillory, had his +tongue bored, and was banished from Delft for three years. He turned to +the Anabaptists, was rebaptized in 1533, and for some years led a +wandering life. He came into relations with John à Lasco, and with Menno +Simons. Much influenced by Melchior Hofman, he had no sympathy with the +fanatic violence of the Münster faction. At the Buckholdt conference in +August 1536 he played a mediating part. His mother, in 1537, suffered +martyrdom as an Anabaptist. Soon after he took up a rôle of his own, +having visions and a gift of prophecy. He adapted in his own interest +the theory (constantly recurrent among mystics and innovators, from the +time of Abbot Joachim to the present day) of three dispensations, the +old, with its revelation of the Father, the newer with its revelation of +the Son, and the final or era of the Spirit. Of this newest revelation +Christus David was the mouthpiece, supervening on Christus Jesus. From +the 1st of April 1544, bringing with him some of his followers, he took +up his abode in Basel, which was to be the New Jerusalem. Here he styled +himself Jan van Brugge. His identity was unknown to the authorities of +Basel, who had no suspicion of his heresies. By his writings he +maintained his hold on his numerous followers in Holland and Friesland. +These monotonous writings, all in Dutch, flowed in a continual stream +from 1524 (though none is extant before 1529) and amounted to over 200 +in number. His _magnum opus_ was _'T Wonder Boeck_ (_n.d._ 1542, divided +into two parts; 1551, handsomely reprinted, divided into four parts; +both editions anonymous). Its chief claim to recognition is its use, in +the latter part, of the phrase _Restitutio Christi_, which apparently +suggested to Servetus his title _Christianismi Restitutio_ (1553). In +the 1st edition is a figure of the "new man," signed with the author's +monogram, and probably drawn as a likeness of himself; it fairly +corresponds with the alleged portrait, engraved in 1607, reproduced in +the appendix to A. Ross's _Pansebeia_ (1655), and idealized by P. +Burckhardt in 1900. Another work, _Verklaringe der Scheppenissen_ (1553) +treats mystically the book of Genesis, a favourite theme with Boehme, +Swedenborg and others. His remaining writings exhibit all that easy +dribble of triumphant muddiness which disciples take as depth. His wife +died on the 22nd of August, and his own death followed on the 25th of +August 1556. He was buried, with all religious honours, in the church of +St Leonard, Basel. Three years later, Nicolas Blesdijk, who had married +his eldest daughter Jannecke (Susanna), but had lost confidence in +Jorisz some time before his death, denounced the dead man to the +authorities of Basel. An investigation was begun in March 1559, and as +the result of a conviction for heresy the exhumed body of Jorisz was +burned, together with his portrait, on the 13th of May 1559. Blesdijk's +_Historia_ (not printed till 1642) accuses Jorisz of having _plures +uxores_. Of this there is no confirmation. Theoretically Jorisz regarded +polygamy as lawful; there is no proof that his theory affected his own +practice. + + The first attempt at a true account of Jorisz was by Gottfried Arnold, + in his anonymous _Historia_ (1713), pursued with much fuller material + in his _Kirchen und Ketzer Historie_ (best ed. 1740-1742). See also F. + Nippold, in _Zeitschrift für die historische Theologie_ (1863, 1864, + 1868); A. van der Linde, in _Allgemeine Deutsche Biographie_ (1881); + P. Burckhardt, _Basler Biographien_ (1900); Hegler, in Hauck's + _Realencyklopädie_ (1901), and the bibliography by A. van der Linde, + 1867, supplemented by E. Weller, 1869. (A. Go.*) + + + + +JORTIN, JOHN (1698-1770), English theologian, the son of a Protestant +refugee from Brittany, was born in London on the 23rd of October 1698. +He went to Charterhouse School, and in 1715 became a pensioner of Jesus +College, Cambridge, where his reputation as a Greek scholar led to his +being selected to translate certain passages from Eustathius for the +notes to Pope's _Homer_. In 1722 he published a small volume of Latin +verse entitled _Lusus poetici_. Having taken orders in 1724, he was in +1726 presented by his college to the vicarage of Swavesey in +Cambridgeshire, which he resigned in 1730 to become preacher at a +chapel-of-ease in New Street, London. In 1731, along with some friends, +he began a publication entitled _Miscellaneous Observations on Authors +Ancient and Modern_, which appeared at intervals during two years. He +was Boyle lecturer in 1749. Shortly after becoming chaplain to the +bishop of London in 1762 he was appointed to a prebendal stall of St +Paul's and to the vicarage of Kensington, and in 1764 he was made +archdeacon of London. He died at Kensington on the 5th of September +1770. + + The principal works of Jortin are: _Discussions Concerning the Truth + of the Christian Religion_ (1746); _Remarks on Ecclesiastical History_ + (3 vols. 1751-2-4); _Life of Erasmus_ (2 vols. 1750, 1760) founded on + the Life by Jean Le Clerc; and _Tracts Philological Critical and + Miscellaneous_ (1790). A collection of his _Various Works_ appeared in + 1805-1810. All his writings display wide learning and acuteness. He + writes on theological subjects with the detachment of a thoughtful + layman, and is witty without being flippant. See John Disney's _Life + of Jortin_ (1792). + + + + +JOSEPH, in the Old Testament, the son of the patriarch Jacob by Rachel; +the name of a tribe of Israel. Two explanations of the name are given by +the Biblical narrator (Gen. xxx. 23 [E], 24 [J]); a third, "He (God) +increases," seems preferable. Unlike the other "sons" of Jacob, Joseph +is usually reckoned as two tribes (viz. his "sons" Ephraim and +Manasseh), and closely associated with it is the small tribe of Benjamin +(q.v.), which lay immediately to the south. These three constituted the +"sons" of Rachel (the ewe), and with the "sons" of Leah (the antelope?) +are thus on a higher level than the "sons" of Jacob's concubines. The +"house of Joseph" and its offshoots occupied the centre of Palestine +from the plain of Esdraelon to the mountain country of Benjamin, with +dependencies in Bashan and northern Gilead (see MANASSEH). Practically +it comprised the northern kingdom, and the name is used in this sense in +2 Sam. xix. 20; Amos v. 6; vi. 6 (note the prominence of Joseph in the +blessings of Jacob and Moses, Gen. xlix., Deut. xxxiii.). Originally, +however, "Joseph" was more restricted, possibly to the immediate +neighbourhood of Shechem, its later extension being parallel to the +development of the name Jacob. The dramatic story of the tribal ancestor +is recounted in Gen. xxxvii.-l. (see GENESIS). Joseph, the younger and +envied son, is seized by his brothers at Dothan north of Shechem, and is +sold to a party of Ishmaelites or Midianites, who carry him down to +Egypt. After various vicissitudes he gains the favour of the king of +Egypt by the interpretation of a dream, and obtains a high place in the +kingdom.[1] Forced by a famine his brothers come to buy food, and in the +incidents that follow Joseph shows his preference for his young brother +Benjamin (cf. the tribal data above). His father Jacob is invited to +come to Goshen, where a settlement is provided for the family and their +flocks. This is followed many years later by the exodus, the conquest of +Palestine, and the burial of Joseph's body in the grave at Shechem which +his father had bought. + + The history of Joseph in Egypt displays some familiarity with the + circumstances and usages of that country; see Driver (Hastings's + _D.B._) and Cheyne (_Ency. Bib._, col. 2589 seq.); although Abrech + (xli. 43), possibly the Egyptian _ib rk_ (Crum, in Hastings's _D.B._, + i. 665), has been otherwise connected with the Assyrian _abarakku_ (a + high officer). An interesting parallel to the story of Joseph in Gen. + xxxix. is found in the Egyptian tale of _The Two Brothers_ (Petrie, + _Eg. Tales_, 2nd series, p. 36 seq., 1895), which dates from about + 1500 B.C., but the differences are not inconsiderable compared with + the points of resemblance, and the tale has features which are almost + universal (Frazer, _Golden Bough_, 2nd ed., vol. iii. 351 seq.). On + the theory that the historical elements of Joseph's history refer to + an official (Yanhamu) of the time of Amenophis III. and IV., see + Cheyne, op. cit., and _Hibbert Journal_, October 1903. That the + present form of the narrative has been influenced by current + mythological lore is not improbable; on this question see (with + caution) Winckler, _Gesch. Israels_, ii. 67-77 (1900); A. Jeremias, + _Alte Test._, pp. 383 sqq. (1906). It may be added that the Egyptian + names in the story of Joseph are characteristic of the XXII. and + subsequent dynasties. See, also Meyer and Luther, _Die Israeliten_ + (1906), Index, _s.v._ (S. A. C.) + + +FOOTNOTE: + + [1] Joseph's marriage with the daughter of the priest of On might + show that the tribes of Ephraim and Manasseh were believed to be + half-Egyptian by descent, but it is notoriously difficult to + determine how much is of ethnological value and how much belongs to + romance (viz. that of the individual Joseph). + + + + +JOSEPH, in the New Testament, the husband of Mary, the mother of Jesus. +He is represented as a descendant of the house of David, and his +genealogy appears in two divergent forms in Matt. i. 1-17 and Luke iii. +23-38. The latter is probably much more complete and accurate in +details. The former, obviously artificial in structure (notice 3 × 14 +generations), traces the Davidic descent through kings, and is governed +by an apologetic purpose. Of Joseph's personal history practically +nothing is recorded in the Bible. The facts concerning him common to the +two birth-narratives (Matt. i.-ii.; Luke i.-ii.) are: (a) that he was a +descendant of David, (b) that Mary was already betrothed to him when she +was found with child of the Holy Ghost, and (c) that he lived at +Nazareth after the birth of Christ; but these facts are handled +differently in each case. It is noticeable that, in Matthew, Joseph is +prominent (e.g. he receives an annunciation from an angel), while in +Luke's narrative he is completely subordinated. Bp Gore (_The +Incarnation_, Bampton lecture for 1891, p. 78) points out that Matthew +narrates everything from Joseph's side, Luke from Mary's, and infers +that the narrative of the former may ultimately be based on Joseph's +account, that of the latter on Mary's. The narratives seem to have been +current (in a poetical form) among the early Jewish-Christian community +of Palestine. At Nazareth Joseph followed the trade of a carpenter +(Matt. xiii. 55). It is probable that he had died before the public +ministry of Christ; for no mention is made of him in passages relating +to this period where the mother and brethren of Jesus are introduced; +and from John xix. 26 it is clear that he was not alive at the time of +the Crucifixion. + +Joseph was the father of several children (Matt. xiii. 55), but +according to ecclesiastical tradition by a former marriage. The reading +of Matt. i. 16, in the Sinaitic Palimpsest (_Joseph ... begat Jesus, who +is called the Christ_) also makes him the natural father of Jesus, and +this was the view of certain early heretical sects, but it seems never +to have been held in orthodox Christian circles. According to various +apocryphal gospels (conveniently collected in B. H. Cowper's _The +Apocryphal Gospels_, 1881), when married to Mary he was a widower +already 80 years of age, and the father of four sons and two daughters; +his first wife's name was Salome and she was a connexion of the family +of John the Baptist. + +In the Roman Catholic Church the 19th of March has since 1642 been a +feast in Joseph's honour. Two other festivals in his honour have also +been established (the Patronage of St Joseph, 3rd Sunday after Easter, +and the Betrothal of Mary and Joseph, 23rd of January). In December 1870 +St Joseph was proclaimed Patron of the whole Church. (G. H. Bo.) + + + + +JOSEPH OF ARIMATHAEA,[1] in the New Testament, a wealthy Jew who had +been converted by Jesus Christ. He is mentioned by the Four Evangelists, +who are in substantial agreement concerning him: after the Crucifixion +he went to Pilate and asked for the body of Jesus, subsequently prepared +it for burial and laid it in a tomb. There are, however, minor +differences in the accounts, which have given rise to controversy. +Matthew (xxvii. 60) says that the tomb was Joseph's own; Mark (xv. 43 +seq.), Luke (xxiii. 50 seq.) say nothing of this, while John (xix. 41) +simply says that the body was laid in a sepulchre "nigh at hand." Both +Mark and Luke say that Joseph was a "councillor" ([Greek: euschêmôn +bouleutês], Mark xv. 43), and the Gospel of Peter describes him as a +"friend of Pilate and of the Lord." This last statement is probably a +late invention, and there is considerable difficulty as to "councillor." +That Joseph was a member of the Sanhedrin is improbable. Luke indeed, +regarding him as such, says that he "had not consented to their counsel +and deed," but Mark (xiv. 64) says that _all_ the Sanhedrin "condemned +him to be worthy of death." Perhaps the phrase "noble councillor" is +intended to imply merely a man of wealth and position. Again Matthew +says that Joseph was a disciple, while Mark implies that he was not yet +among the definite adherents of Christ, and John describes him as an +adherent "secretly for fear of the Jews." Most likely he was a disciple, +but belonged only to the wider circle of adherents. The account given in +the Fourth Gospel suggests that the writer, faced with these various +difficulties, assumed a double tradition: (1) that Joseph of Arimathaea, +a wealthy disciple, buried the body of Christ; (2) that the person in +question was Joseph of Arimathaea a "councillor," and solved the problem +by substituting Nicodemus as the councillor; hence he describes both +Joseph and Nicodemus (xix. 39) as co-operating in the burial. Some +critics (e.g. Strauss, _New Life of Jesus_, ch. 96) have thrown doubt +upon the story, regarding some of the details as invented to suit the +prophecy in Isa. liii. 9, "they made his grave with the wicked, and with +the rich in his death" (for various translations, see Hastings's _Dict. +Bible_, ii. 778). But in the absence of any reference to this prophecy +in the Gospels, this view is unconvincing, though the correspondence is +remarkable. + +The striking character of this single appearance of Joseph of Arimathaea +led to the rise of numerous legends. Thus William of Malmesbury says +that he was sent to Britain by St Philip, and, having received a small +island in Somersetshire, there constructed "with twisted twigs" the +first Christian church in Britain--afterwards to become the Abbey of +Glastonbury. The legend says that his staff, planted in the ground, +became a thorn flowering twice a year (see GLASTONBURY). This +tradition--which is given only as such by Malmesbury himself--is not +confirmed, and there is no mention of it in either Gildas or Bede. +Joseph also plays a large part in the various versions of the Legend of +the Holy Grail (see GRAIL, THE HOLY). + + +FOOTNOTE: + + [1] Generally identified with Ramathaim-Zophim, the city of Elkanah + in the hilly district of Ephraim (1 Sam. i. 1), near Diospolis + (Lydda). See Euseb., _Onomasticon_, 225. 12. + + + + +JOSEPH I. (1678-1711), Roman emperor, was the elder son of the emperor +Leopold I. and his third wife, Eleanora, countess palatine, daughter of +Philip William of Neuburg. Born in Vienna on the 26th of July 1678, he +was educated strictly by Prince Dietrich Otto von Salm, and became a +good linguist. In 1687 he received the crown of Hungary, and he was +elected king of the Romans in 1690. In 1699 he married Wilhelmina +Amalia, daughter of Duke Frederick of Brunswick-Lüneburg, by whom he had +two daughters. In 1702, on the outbreak of the War of the Spanish +Succession, he saw his only military service. He joined the imperial +general Louis of Baden in the siege of Landau. It is said that when he +was advised not to go into a place of danger he replied that those who +were afraid might retire. He succeeded his father as emperor in 1705, +and it was his good fortune to govern the Austrian dominions, and to be +head of the Empire during the years in which his trusted general Prince +Eugène, either acting alone in Italy or with the duke of Marlborough in +Germany and Flanders, was beating the armies of Louis XIV. During the +whole of his reign Hungary was disturbed by the conflict with Francis +Ráckóczy II., who eventually took refuge in France. The emperor did not +himself take the field against the rebels, but he is entitled to a large +share of the credit for the restoration of his authority. He reversed +many of the pedantically authoritative measures of his father, thus +placating all opponents who could be pacified, and he fought stoutly for +what he believed to be his rights. Joseph showed himself very +independent towards the pope, and hostile to the Jesuits, by whom his +father had been much influenced. He had the tastes for art and music +which were almost hereditary in his family, and was an active hunter. He +began the attempts to settle the question of the Austrian inheritance by +a pragmatic sanction, which were continued by his brother Charles VI. +Joseph died in Vienna on the 17th of April 1711, of small-pox. + + See F. Krones von Marchland, _Grundriss der Oesterreichischen + Geschichte_ (1882); F. Wagner, _Historia Josephi Caesaris_ (1746); J. + C. Herchenhahn, _Geschichte der Regierung Kaiser Josephs I._ + (1786-1789); C. van Noorden, _Europäische Geschichte im 18. + Jahrhundert_ (1870-1882). + + + + +JOSEPH II. (1741-1790), Roman emperor, eldest son of the empress Maria +Theresa and her husband Francis I., was born on the 13th of March 1741, +in the first stress of the War of the Austrian Succession. Maria Theresa +gave orders that he was only to be taught as if he were amusing himself; +the result was that he acquired a habit of crude and superficial study. +His real education was given him by the writings of Voltaire and the +encyclopaedists, and by the example of Frederick the Great. His useful +training was conferred by government officials, who were directed to +instruct him in the mechanical details of the administration of the +numerous states composing the Austrian dominions and the Empire. In 1761 +he was made a member of the newly constituted council of state +(_Staatsrath_) and began to draw up minutes, to which he gave the name +of "reveries," for his mother to read. These papers contain the germs of +his later policy, and of all the disasters which finally overtook him. +He was a friend to religious toleration, anxious to reduce the power of +the church, to relieve the peasantry of feudal burdens, and to remove +restrictions on trade and on knowledge. So far he did not differ from +Frederick, Catherine of Russia or his own brother and successor Leopold +II., all enlightened rulers of the 18th-century stamp. Where Joseph +differed from great contemporary rulers, and where he was very close +akin to the Jacobins, was in the fanatical intensity of his belief in +the power of the state when directed by reason, of his right to speak +for the state uncontrolled by laws, and of the reasonableness of his own +reasons. Also he had inherited from his mother all the belief of the +house of Austria in its "august" quality, and its claim to acquire +whatever it found desirable for its power or its profit. He was unable +to understand that his philosophical plans for the moulding of mankind +could meet with pardonable opposition. The overweening character of the +man was obvious to Frederick, who, after their first interview in 1769, +described him as ambitious, and as capable of setting the world on fire. +The French minister Vergennes, who met Joseph when he was travelling +incognito in 1777, judged him to be "ambitious and despotic." + +Until the death of his mother in 1780 Joseph was never quite free to +follow his own instincts. After the death of his father in 1765 he +became emperor and was made co-regent by his mother in the Austrian +dominions. As emperor he had no real power, and his mother was resolved +that neither husband nor son should ever deprive her of sovereign +control in her hereditary dominions. Joseph, by threatening to resign +his place as co-regent, could induce his mother to abate her dislike to +religious toleration. He could, and he did, place a great strain on her +patience and temper, as in the case of the first partition of Poland and +the Bavarian War of 1778, but in the last resort the empress spoke the +final word. During these wars Joseph travelled much. He met Frederick +the Great privately at Neisse in 1769, and again at Mährisch-Neustadt in +1770. On the second occasion he was accompanied by Prince Kaunitz, whose +conversation with Frederick may be said to mark the starting-point of +the first partition of Poland. To this and to every other measure which +promised to extend the dominions of his house Joseph gave hearty +approval. Thus he was eager to enforce its claim on Bavaria upon the +death of the elector Maximilian Joseph in 1777. In April of that year he +paid a visit to his sister the queen of France (see MARIE ANTOINETTE), +travelling under the name of Count Falkenstein. He was well received, +and much flattered by the encyclopaedists, but his observations led him +to predict the approaching downfall of the French monarchy, and he was +not impressed favourably by the army or navy. In 1778 he commanded the +troops collected to oppose Frederick, who supported the rival claimant +to Bavaria. Real fighting was averted by the unwillingness of Frederick +to embark on a new war and by Maria Theresa's determination to maintain +peace. In April 1780 he paid a visit to Catherine of Russia, against the +wish of his mother. + +The death of Maria Theresa on the 27th of November 1780 left Joseph +free. He immediately directed his government on a new course, full speed +ahead. He proceeded to attempt to realize his ideal of a wise despotism +acting on a definite system for the good of all. The measures of +emancipation of the peasantry which his mother had begun were carried on +by him with feverish activity. The spread of education, the +secularization of church lands, the reduction of the religious orders +and the clergy in general to complete submission to the lay state, the +promotion of unity by the compulsory use of the German language, +everything which from the point of view of 18th-century philosophy +appeared "reasonable" was undertaken at once. He strove for +administrative unity with characteristic haste to reach results without +preparation. His anti-clerical innovations induced Pope Pius VI. to pay +him a visit in July 1782. Joseph received the pope politely, and showed +himself a good Catholic, but refused to be influenced. So many +interferences with old customs began to produce unrest in all parts of +his dominions. Meanwhile he threw himself into a succession of foreign +policies all aimed at aggrandisement, and all equally calculated to +offend his neighbours--all taken up with zeal, and dropped in +discouragement. He endeavoured to get rid of the Barrier Treaty, which +debarred his Flemish subjects from the navigation of the Scheldt; when +he was opposed by France he turned to other schemes of alliance with +Russia for the partition of Turkey and Venice. They also had to be given +up in the face of the opposition of neighbours, and in particular of +France. Then he resumed his attempts to obtain Bavaria--this time by +exchanging it for Belgium--and only provoked the formation of the +_Fürstenbund_ organized by the king of Prussia. Finally he joined Russia +in an attempt to pillage Turkey. It began on his part by an unsuccessful +and discreditable attempt to surprise Belgrade in time of peace, and was +followed by the ill-managed campaign of 1788. He accompanied his army, +but showed no capacity for war. In November he returned to Vienna with +ruined health, and during 1789 was a dying man. The concentration of his +troops in the east gave the malcontents of Belgium an opportunity to +revolt. In Hungary the nobles were all but in open rebellion, and in his +other states there were peasant risings, and a revival of particularist +sentiments. Joseph was left entirely alone. His minister Kaunitz refused +to visit his sick-room, and did not see him for two years. His brother +Leopold remained at Florence. At last Joseph, worn out and +broken-hearted, recognized that his servants could not, or would not, +carry out his plans. On the 30th of January 1790 he formally withdrew +all his reforms, and he died on the 20th of February. + +Joseph II. was twice married, first to Isabella, daughter of Philip, +duke of Parma, to whom he was attached. After her death on the 27th of +November 1763, a political marriage was arranged with Josepha (d. 1767), +daughter of Charles Albert, elector of Bavaria (the emperor Charles +VII.). It proved extremely unhappy. Joseph left no children, and was +succeeded by his brother Leopold II. + + Many volumes of the emperor's correspondence have been published. + Among them are _Maria Theresia und Joseph II. Ihre Korrespondenz samt + Briefen Josephs an seinen Bruder Leopold_ (1867-1868); _Joseph II. und + Leopold von Toskana. Ihr Briefwechsel 1781-1790_ (1872); _Joseph II. + und Katharina von Russland. Ihr Briefwechsel_ (1869); and _Maria + Antoinette, Joseph II. und Leopold II. Ihr Briefwechsel_ (1866); all + edited by A. Ritter von Arneth. Other collections are: _Joseph II., + Leopold II. und Kaunitz. Ihr Briefwechsel_, edited by A. Beer (1873); + _Correspondances intimes de l'empereur Joseph II. avec son ami, le + comte de Cobenzl et son premier ministre, le prince de Kaunitz_, + edited by S. Brunner (1871); _Joseph II. und Graf Ludwig Cobenzl. Ihr + Briefwechsel_, edited by A. Beer and J. von Fiedler (1901); and the + _Geheime Korrespondenz Josephs II. mit seinem Minister in den + Oesterreichischen Niederlanden, Ferdinand Graf Trauttmannsdorff + 1787-1789_, edited by H. Schlitter (1902). Among the lives of Joseph + may be mentioned: A. J. Gross-Hoffinger, _Geschichte Josephs II._ + (1847); C. Paganel, _Histoire de Joseph II._ (1843; German translation + by F. Köhler, 1844); H. Meynert, _Kaiser Joseph II._ (1862); A. Beer, + _Joseph II._ (1882); A. Jäger, _Kaiser Joseph II. und Leopold II._ + (1867); A. Fournier, _Joseph II._ (1885); and J. Wendrinski, _Kaiser + Joseph II._ (1880). There is a useful small volume on the emperor by + J. Franck Bright (1897). Other books which may be consulted are: G. + Wolf, _Das Unterrichtswesen in Oesterreich unter Joseph II._ (1880), + and _Oesterreich und Preussen 1780-1790_ (1880), A. Wolf and H. von + Zwiedeneck-Südenhorst, _Oesterreich unter Maria Theresia, Joseph II. + und Leopold II._ (1882-1884); H. Schlitter, _Die Regierung Josephs II. + in den Oesterreichischen Niederlanden_ (1900); and _Pius VI. und + Joseph II. 1782-1784_ (1894); O. Lorenz, _Joseph II. und die Belgische + Revolution_ (1862); and L. Delplace, _Joseph II. et la révolution + brabançonne_ (1890). + + + + +JOSEPH, FATHER (FRANÇOIS LECLERC DU TREMBLAY) (1577-1638), French +Capuchin monk, the confidant of Richelieu, was the eldest son of Jean +Leclerc du Tremblay, president of the chamber of requests of the +parlement of Paris, and of Marie Motier de Lafayette. As a boy he +received a careful classical training, and in 1595 made an extended +journey through Italy, returning to take up the career of arms. He +served at the siege of Amiens in 1597, and then accompanied a special +embassy to London. In 1599 Baron de Mafflier, by which name he was known +at court, renounced the world and entered the Capuchin monastery of +Orleans. He embraced the religious life with great ardour, and became a +notable preacher and reformer. In 1606 he aided Antoinette d'Orléans, a +nun of Fontevrault, to found the reformed order of the Filles du +Calvaire, and wrote a manual of devotion for the nuns. His proselytizing +zeal led him to send missionaries throughout the Huguenot centres--he +had become provincial of Touraine in 1613. He entered politics at the +conferences of Loudun, when, as the confidant of the queen and the papal +envoy, he opposed the Gallican claims advanced by the parlement, which +the princes were upholding, and succeeded in convincing them of the +schismatic tendency of Gallicanism. In 1612 he began those personal +relations with Richelieu which have indissolubly joined in history and +legend the cardinal and the "Eminence grise," relations which research +has not altogether made clear. In 1627 the monk assisted at the siege of +La Rochelle. A purely religious reason also made him Richelieu's ally +against the Habsburgs. He had a dream of arousing Europe to another +crusade against the Turks, and believed that the house of Austria was +the obstacle to that universal European peace which would make this +possible. As Richelieu's agent, therefore, this modern Peter the Hermit +manoeuvred at the diet of Regensburg (1630) to thwart the aggression of +the emperor, and then advised the intervention of Gustavus Adolphus, +reconciling himself to the use of Protestant armies by the theory that +one poison would counteract another. Thus the monk became a war +minister, and, though maintaining a personal austerity of life, gave +himself up to diplomacy and politics. He died in 1638, just as the +cardinalate was to be conferred upon him. The story that Richelieu +visited him when on his deathbed and roused the dying man by the words, +"Courage, Father Joseph, we have won Breisach," is apocryphal. + + See Fagniez, _Le Père Joseph et Richelieu_ (1894), a work based + largely on original and unpublished sources. Father Joseph, according + to this biography, would seem not to have lectured Richelieu in the + fashion of the legends, whatever his moral influence may have been in + strengthening Richelieu's hands. + + + + +JOSEPHINE (MARIE ROSE JOSEPHINE TASCHER DE LA PAGERIE) (1763-1814), +empress of the French, was born in the island of Martinique on the 23rd +of June 1763, being the eldest of three daughters of Joseph Tascher de +la Pagerie, lieutenant of artillery. Her beauty and grace, though of a +languid Creole style, won the affections of the young officer the +vicomte de Beauharnais, and, after some family complications, she was +married to him. Their married life was not wholly happy, the frivolity +of Josephine occasioning her husband anxiety and jealousy. Two children, +Eugène and Hortense, were the fruit of the union. During Josephine's +second residence in Martinique, whither she proceeded to tend her +mother, occurred the first troubles with the slaves, which resulted from +the precipitate action of the constituent assembly in emancipating them. +She returned to her husband, who at that time entered into political +life at Paris. Her beauty and vivacity won her many admirers in the +salons of the capital. As the Revolution ran its course her husband, as +an ex-noble, incurred the suspicion and hostility of the Jacobins; and +his ill-success at the head of a French army on the Rhine led to his +arrest and execution. Thereafter Josephine was in a position of much +perplexity and some hardship, but the friendship of Barras and of Madame +Tallien, to both of whom she was then much attached, brought her into +notice, and she was one of the queens of Parisian society in the year +1795, when Napoleon Bonaparte's services to the French convention in +scattering the malcontents of the capital (13 Vendémiaire, or October 5, +1795) brought him to the front. There is a story that she became known +to Napoleon through a visit paid to him by her son Eugène in order to +beg his help in procuring the restoration of his father's sword, but it +rests on slender foundations. In any case, it is certain that Bonaparte, +however he came to know her, was speedily captivated by her charms. She, +on her side, felt very little affection for the thin, impecunious and +irrepressible suitor; but by degrees she came to acquiesce in the +thought of marriage, her hesitations, it is said, being removed by the +influence of Barras and by the nomination of Bonaparte to the command of +the army of Italy. The civil marriage took place on the 9th of March +1796, two days before the bridegroom set out for his command. He failed +to induce her to go with him to Nice and Italy. + +Bonaparte's letters to Josephine during the campaign reveal the ardour +of his love, while she rarely answered them. As he came to realize her +shallowness and frivolity his passion cooled; but at the time when he +resided at Montebello (near Milan) in 1797 he still showed great regard +for her. During his absence in Egypt in 1798-1799, her relations to an +officer, M. Charles, were most compromising; and Bonaparte on his return +thought of divorcing her. Her tears and the entreaties of Eugène and +Hortense availed to bring about a reconciliation; and during the period +of the consulate (1799-1804) their relations were on the whole happy, +though Napoleon's conduct now gave his consort grave cause for concern. +His brothers and sisters more than once begged him to divorce Josephine, +and it is known that, from the time when he became first consul for +life (August 1802) with large powers over the choice of a successor, he +kept open the alternative of a divorce. Josephine's anxieties increased +on the proclamation of the Empire (May 18, 1804); and on the 1st of +December 1804, the eve of the coronation at Notre Dame, she gained her +wish that she should be married anew to Napoleon with religious rites. +Despite her care, the emperor procured the omission of one formality, +the presence of the parish priest; but at the coronation scene Josephine +appeared radiant with triumph over her envious relatives. The august +marriages contracted by her children Eugène and Hortense seemed to +establish her position; but her ceaseless extravagance and, above all, +the impossibility that she should bear a son strained the relations +between Napoleon and Josephine. She complained of his infidelities and +growing callousness. The end came in sight after the campaign of 1809, +when Napoleon caused the announcement to be made to her that reasons of +state compelled him to divorce her. Despite all her pleadings he held to +his resolve. The most was made of the slight technical irregularity at +the marriage ceremony of the 1st of December 1804; and the marriage was +declared null and void. + +At her private retreat, La Malmaison, near Paris, which she had +beautified with curios and rare plants and flowers, Josephine closed her +life in dignified retirement. Napoleon more than once came to consult +her upon matters in which he valued her tact and good sense. Her health +declined early in 1814, and after his first abdication (April 11, 1814) +it was clear that her end was not far off. The emperor Alexander of +Russia and Frederick William III. of Prussia, then in Paris, requested +an interview with her. She died on the 24th of May 1814. Her friends, +Mme de Rémusat and others, pointed out that Napoleon's good fortune +deserted him after the divorce; and it is certain that the Austrian +marriage clogged him in several ways. Josephine's influence was used on +behalf of peace and moderation both in internal and in foreign affairs. +Thus she begged Napoleon not to execute the duc d'Enghien and not to +embroil himself in Spanish affairs in 1808. + + See M. A. Le Normand, _Mémoires historiques et secrets de Joséphine_ + (2 vols., 1820); _Lettres de Napoléon à Joséphine_ (1833); J. A. + Aubenas, _Hist. de l'impératrice Joséphine_ (2 vols., 1858-1859); J. + Turquan, _L'Impératrice Joséphine_ (2 vols., 1895-1896); F. Masson, + _Joséphine_ (3 vols., 1899-1902); _Napoleon's Letters to Josephine_ + (1796-1812), translated and edited by H. F. Hall (1903). Also the + _Memoirs of_ Mme. de Rémusat and of Bausset, and P. W. Sergeant, _The + Empress Josephine_ (1908). (J. Hl. R.) + + + + +JOSEPHUS, FLAVIUS (c. 37-c. 95?), Jewish historian and military +commander, was born in the first year of Caligula (37-38). His father +belonged to one of the noblest priestly families, and through his mother +he claimed descent from the Asmonaean high priest Jonathan. A precocious +student of the Law, he made trial of the three sects of +Judaism--Pharisees, Sadducees and Essenes--before he reached the age of +nineteen. Then, having spent three years in the desert with the hermit +Banus, who was presumably an Essene, he became a Pharisee. In 64 he went +to Rome to intercede on behalf of some priests, his friends, whom the +procurator Felix had sent to render account to Caesar for some +insignificant offence. Making friends with Alityrus, a Jewish actor, who +was a favourite of Nero, Josephus obtained an introduction to the +empress Poppaea and effected his purpose by her help. His visit to Rome +enabled him to speak from personal experience of the power of the +Empire, when he expostulated with the revolutionary Jews on his return +to Palestine. But they refused to listen; and he, with all the Jews who +did not fly the country, was dragged into the great rebellion of 66. In +company with two other priests, Josephus was sent to Galilee under +orders (he says) to persuade the ill-affected to lay down their arms and +return to the Roman allegiance, which the Jewish aristocracy had not yet +renounced. Having sent his two companions back to Jerusalem, he +organized the forces at his disposal, and made arrangements for the +government of his province. His obvious desire to preserve law and order +excited the hostility of John of Giscala, who endeavoured vainly to +remove him as a traitor to the national cause by inciting the Galileans +to kill him and by persuading the Sanhedrin at Jerusalem to recall him. + +In the spring of 67 the Jewish troops, whom Josephus had drilled so +sedulously, fled before the Roman forces of Vespasian and Titus. He sent +to Jerusalem for reinforcements, but none came. With the stragglers who +remained, he held a stronghold against the Romans by dint of his native +cunning, and finally, when the place was taken, persuaded forty men, who +shared his hiding-place, to kill one another in turn rather than commit +suicide. They agreed to cast lots, on the understanding that the second +should kill the first and so on. Josephus providentially drew the last +lot and prevailed upon his destined victim to live. Their companions +were all dead in accordance with the compact; but Josephus at any rate +survived and surrendered. Being led before Vespasian, he was inspired to +prophesy that Vespasian would become emperor. In consequence of the +prophecy his life was spared, but he was kept close prisoner for two +years. When his prophecy was fulfilled he was liberated, assumed the +name of Flavius, the family name of Vespasian, and accompanied his +patron to Alexandria. There he took another wife, as the Jewess allotted +him by Vespasian after the fall of Caesarea had forsaken him, and +returned to attend Titus and to act as intermediary between him and the +Jews who still held Jerusalem. His efforts in this capacity failed; but +when the city was stormed (70) Titus granted him whatever boon he might +ask. So he secured the lives of some free men who had been taken and (by +the gift of Titus) certain sacred books. After this he repaired to Rome +and received one of the pensions, which Vespasian (according to +Suetonius) was the first to bestow upon Latin and Greek writers. He was +also made a Roman citizen and received an estate in Judaea. +Thenceforward he devoted himself to literary work under the patronage of +Vespasian, Titus and Domitian. As he mentions the death of Agrippa II. +it is probable that he lived into the 2nd century; but the date of +Agrippa's death has been challenged and, if his patron Epaphroditus may +be identified with Nero's freedman, it is possible that Josephus may +have been involved in his fall and perished under Domitian in 95. + + WORKS.--1. _The Jewish War_ ([Greek: Peri tou Ioudaïkou polemou]), the + oldest of Josephus' extant writings, was written towards the end of + Vespasian's reign (69-79). The Aramaic original has not been + preserved; but the Greek version was prepared by Josephus himself in + conjunction with competent Greek scholars. Its purpose in all + probability was, in the first instance, to exhibit to the Babylonian + Jews the overwhelming power of Rome and so to deter them from + repeating the futile revolt of the Jews of Palestine. Of its seven + books, the first two survey the history of the Jews from the capture + of Jerusalem by Antiochus Epiphanes to the outbreak of war in 67, and + here Josephus relies upon some such general history as that of + Nicolaus of Damascus. The rest deals with the events of the war + (67-73) which fell more or less within his own knowledge. Vespasian, + Titus and Agrippa II. testified (he tells us) to his accuracy. + Representatives of the Zealots would probably have protested against + his pro-Roman prejudices. + + 2. _The Jewish Antiquities_ ([Greek: Ioudaïkê Archaiologia]) covers in + twenty books the history of the Jews from the creation of the world to + the outbreak of the war with Rome. It was finished in the thirteenth + year of Domitian (93). Its purpose was to glorify the Jewish nation in + the eyes of the Roman world. In the part covered by the books of the + Bible Josephus follows them, and that mainly, if not entirely as they + are translated into Greek by the Seventy (the Septuagint version). + Being a Pharisee, he sometimes introduces traditions of the Elders, + which are either inferences from, or embroideries of, the biblical + narrative. Sometimes, also, he gives proof of some knowledge of Hebrew + and supplements his scriptural authorities, which include 1 Esdras, + from general Greek histories. For the later period he uses the Greek + Esther, with its additions, 1 Maccabees, Polybius, Strabo and Nicolaus + of Damascus. But towards the end he confesses that he has grown weary + of his task, and his history becomes meagre. The work contains + accounts of John the Baptist and Jesus, which may account for the fact + that Josephus' writings were rescued from oblivion by the Christians. + But the description of Jesus as "a wise man, if indeed one should call + him a man," can hardly be genuine, and the assertion "this was the + Christ" is equally doubtful, unless it be assumed that the Greek word + _Christos_ had become technical in the sense of false-Christ or + false-prophet among non-Christian Jews. + + 3. Josephus wrote a narrative of his own _Life_ in order to defend + himself against the accusation brought by his enemy Justus of Tiberias + to the effect that he had really been the cause of the Jewish + rebellion. In his defence Josephus departs from the facts as narrated + in the _Jewish War_ and represents himself as a partisan of Rome and, + therefore, as a traitor to his own people from the beginning. + + 4. The two books _Against Apion_ are a defence or apology directed + against current misrepresentations of the Jews. Earlier titles are + _Concerning the Antiquity of the Jews_ or _Against the Greeks_. Apion + was the leader of the Alexandrine embassy which opposed Philo and his + companions when they appeared in behalf of the Alexandrine Jews before + Caligula. The defence which Josephus puts forward has a permanent + value and shows him at his best. + + The Greek text of Josephus' works has been edited with full collection + of different readings by B. Niese (Berlin, 1887-1895). The Teubner + text by Naber is based on this. The translation into English of W. + Whiston has been (superficially) revised by A. R. Shilleto + (1889-1890). Schürer (_History of the Jewish People_) gives a full + bibliography. (J. H. A. H.) + + + + +JOSHEKAN, a small province of Persia covering about 1000 sq. m. Pop. +about 5000. It has a yearly revenue of about £1200, and is held in fief +by the family of Bahram Mirza, Muizz ed Dowleh (d. 1882). Its chief town +and the residence of the governor used to be Joshekan-Kali, a large +village with fine gardens, formerly famous for its carpets (_kali_), but +now the chief place is Maimeh, a little city with a population of 2500, +situated at an elevation of 6670 ft., about 63 m. from Isfahan in a +north-westerly direction and 13 m. south-west of Joshekan-Kali. + + + + +JOSHUA, BOOK OF, the sixth book of the Old Testament, and the first of +the group known as the "Former Prophets." It takes its name from +Joshua[1] the son of Nun, an Ephraimite who, on the death of Moses, +assumed the leadership to which he had previously been designated by his +chief (Deut. xxxi. 14 seq., 23), and proceeded to the conquest of the +land of Canaan. The book differs from the Pentateuch or Torah in the +absence of legal matter, and in its intimate connexion with the +narrative in the books which follow. It is, however, the proper sequel +to the origins of the people as related in Genesis, to the exodus of the +Israelite tribes from Egypt, and their journeyings in the wilderness. On +these and also on literary grounds it is often convenient to class the +first six books of the Bible as a unit under the term "Hexateuch." For +an exhaustive detailed study has revealed many signs of diversity of +authorship which combine to show that the book is due to the +incorporation of older material in two main redactions; one deeply +imbued with the language and thought of Deuteronomy itself (D), the +other of the post-exilic priestly circle (P) which gave the Pentateuch +its present form. That the older sources (which often prove to be +composite) are actually identical with the Yahwist or Judaean (J) and +the Elohist or Ephraimite (E) narratives (on which see GENESIS) is not +improbable, though, especially as regards the former, still very +uncertain. In general the literary problems are exceedingly intricate, +and no attempt can be made here to deal with them as fully as they +deserve. + +_The Invasion._--The book falls naturally into two main parts, of which +the first, the crossing of the Jordan and the conquest of Palestine +(i.-xii.) is mainly due to Deuteronomic compilers. It opens with the +preparations for the crossing of the Jordan and the capture of the +powerful city Jericho. Ai, near Bethel, is taken after a temporary +repulse, and Joshua proceeds to erect an altar upon Mt Ebal (north of +Shechem). For the fullness with which the events are recorded the +writers were probably indebted to local stories. + + The Israelites are at Abel-Shittim (already reached in Num. xxv. 1). + Moses is dead, and Joshua enters upon his task with the help of the + Transjordanic tribes who have already received their territory (i). + The narrative is of the later prophetic stamp (D; cf. Deut. iii. + 18-22, xi. 24, where Moses is the speaker; xxxi. 1-8), but may be + based upon an earlier and shorter record (E; vv. 1 seq., 10, 11a). Of + the mission of the spies to Jericho, two versions were current + (duplicates ii. 3, 12, 18; v. 15 seq. breaks the connexion between vv. + 13 and 18, but is resumed in vv. 22-24); D's addition is to be + recognized in ii. 9b-11. The incident occupies at least four days, but + the main narrative reckons three days between i. 11 and iii. 2. Next + follow the passage of the Jordan (commemorated by the erection of + twelve stones), the encampment at Gilgal, and the observance of the + rite of circumcision and of the passover (iii.-v.). The complicated + narrative in iii.-iv. is of composite origin (contrast iii. 17 with + iv. 10 seq., 19; iv. 3, 8 with vv. 9, 20; and cf. iii. 12 with the + superfluous iv. 2, &c.). As in ii., D has amplified (iii. 4b, 7, 10b, + iv. 9-10a, 12, 14; more prominently in iv. 21-v. 1, v. 4-8), and + subsequently P (or a hand akin to P) has worked over the whole (iii. + 4, note the number and the prohibition, cf. Num. i. 51; iii. 8, 15 + seq.; iv. 13, 19; v. 10-12). Circumcision, already familiar from Exod. + iv. 26, Deut. x. 16, is here regarded as a new rite (v. 2, 9, + supplemented by vv. 1, 4-8), but the conflicting views have been + harmonized by the words "the second time" (v. 2). Gilgal is thus named + from the "rolling away" of the "reproach of Egypt" (v. 9), but iv. 20 + suggests a different origin, viz. the sacred stone-circle (cf. Judges + iii. 19, R.V. marg.). An older account of the divine commission to + Joshua appears in the archaic passage v. 13-15 (cf. Moses in Exod. + iii.). Fusion of sources is obvious in the story of the fall of + Jericho (contrast vi. 5 and v. 10, vv. 21 and 24, vv. 22 and 25); + according to one (E?) the people march seven times round the city on + one day, the ark and the priests occupying a prominent position (vi. + 4-6, 7b-9, 12 seq., 16a, 20 [part], 22-24); but in the other they + march every day for seven days. Both here and in the preceding + chapters the Septuagint has several variations and omissions, due + either to an (unsuccessful) attempt to simplify the present + difficulties, or to the use of another recension. The curse pronounced + by Joshua upon the destroyed city of Jericho (vi. 26) should be + associated with an incident in the reign of Ahab which is acquainted + with the story (1 Kings xvi. 34); the city, however, reappears in + Joshua xviii. 21; 2 Sam. x. 5. Achan's sacrilege, the cause of the + repulse at Ai and of the naming of the valley of Achor (vii.), is + introduced by vi. 18 seq., 24b, and, as its spirit shows, is of + relatively later date. It contains some probable traces of D (in vii. + 5, 7, 11 seq., 15, 25) and P (in vv. 1, 18, 24 seq.). The capture of + Ai has marks of the same dual origin as the preceding chapters (cf. + viii. 3a with 10, and contrast viii. 3-9 with v. 12; vv. 5-7 with 18, + 26; v. 19 with 28). The general resemblance between chs. vii.-viii. + and the war with Benjamin (Judges xx.) should be noticed. + +_Conquests in Palestine._--The erection of the altar, not at the scene +of battle (cf. 1 Sam. xiv. 35) but on Mt Ebal (viii. 30-35, D), +presupposes the conquest of central Palestine and the removal of the ark +from Gilgal. These, however, are not narrated, and, unless some account +of them has been replaced by the present passage, this portion of the +conquest was ignored. Possibly the passage is not in its original +position: in the Septuagint it appears after ix. 2, while Josephus +(_Ant._ v. 1, 19) and the Samaritan book of Joshua read it before ch. +xiii.; Dillmann, however, would place it after xi. 23. The capture of +Jericho and Ai is followed by the successful stratagem of the Gibeonites +to make peace with Israel (ix.). This involves them in a war with the +southern Canaanites; Joshua intervenes and obtains a crowning victory +(x.). The camp is still at Gilgal. A similar conquest of the northern +Canaanites follows (xi.), and the first part of the book concludes with +a summary of the results of the Israelite invasion (xii.). + + No satisfactory explanation of viii. 30-35 has been found, yet ix. 1 + seq. seems to show that it was the prelude to the Canaanite wars. In + contrast to the absence of any reference to the occupation of central + Palestine, the conquest of the south was current in several divergent + traditions. Two records are blended in ix.; one narrates the covenant + with the Gibeonites, the other that with the Hivites (properly + Hivvites); and in the latter Joshua has no place (vv. 4 seq., 6b, 7, + 11-14, &c.). The former has additions by D (vv. 9b, 10, 24 seq.) and + by P (v. 15 last clause, 17-21); the latter, in accordance with the + legislation of its day (posterior to Ezek. xliv. 6 sqq.), does not + allow the Gibeonites to minister to the temple or altar, but merely to + the "congregation," a characteristic post-exilic term (contrast vv. 21 + and 23; and on 27 see Sept. and commentaries). The story of the + covenant conflicts with the notice that Gibeon was still an + independent Canaanite city in David's time (2 Sam. xxi. 2). The defeat + of the southern coalition is based, as the doublets show, upon two + sources; the war arises from two causes (vengeance upon the + Gibeonites, and the attempt to overthrow Israel), and concludes with a + twofold victory: in x. 16-24 the kings are pursued to Makkedah and + slain, in v. 11 they are smitten by a great hailstorm in their flight + to Azekah (cf. 1 Sam. vii. 10, xiv. 15, in the same district). + Redactional links have been added, apparently by D, to whom is + possibly due the stanza quoted from the book of Jashar (v. 12 seq.), a + poetical address to the sun and moon, of the nature of a prayer or + spell for their aid (cf. Judges v. 20, and see Ecclus. xlvi. 4). The + literal interpretation of this picturesque quotation has been + influenced by the prosaic comments at the end of v. 13 and beginning + of v. 14. Verse 15, which closes the account, anticipates v. 43; the + Septuagint omits both. The generalizing narrative (x. 28-43), which is + due to D in its present form, is partly based upon old matter (e.g. + the capture of Makkedah), but is inconsistent with what precedes (v. + 37, see v. 23 sqq.) and follows (capture of Debir, v. 38 seq., see xv. + 15; Judges i. 11). The description of the conquest of the northern + Canaanites is very similar to that of the south. The main part is from + an older source (xi. 1, 4-9; see DEBORAH), the amplifications (v. 2 + seq.) are due to D, as also are the summary (vv. 10-23, cf. style of + x. 28-43), and the enumeration of the total results of the invasion + (xii.), which includes names not previously mentioned. + +_Division of the Land._--The result of the events narrated in the first +part of the book is to ascribe the entire subjugation of Canaan to +Joshua, whose centre was at Gilgal (x. 15, 43). He is now "old and +advanced in years," and although much outlying land remained to be +possessed, he is instructed to divide the conquered districts among the +western tribes (xiii. 1 sqq.). This is detailed at length in the second +part of the book. With the completion of the division his mission is +accomplished. The main body of this part (xiii. 15-xiv. 5; xv.-xvii.; +xviii. 11-xxi. 42; xxii. 7-34) is in its present form almost entirely +due to P. + + In regard to details, xiii. 2-6 (now D) expresses the view that the + conquest was incomplete, and numbers districts chiefly in the + south-west and in the Lebanon. Two sources deal with the inheritance + of the east Jordan tribes in terms which are--(a) general (xiii. 8-12, + D), and (b) precise (vv. 15-32, P). The latter stands between the + duplicate passages xiii. 14 and 32 seq. (see the Sept.). With the + interest taken in these tribes, cf. for (a) i. 12-18; Deut. iii. + 12-22, and the sequel in Joshua xxii. 1-6; and for (b) xxii. 9 seq.; + Num. xxxii. P's account of the division opens with an introductory + notice of the manner in which Eleazar the priest and Joshua (note the + order) prepare to complete the work which Moses had begun (xiv. 1-5). + It opens with Judah, its borders (xv. 1-12) and cities (vv. 20-62), + and continues with the two Joseph tribes, Ephraim (xvi. 4-9, contrast + details in vv. 1-3) and Manasseh (xvii. 1-10, cf. Num. xxvi. 30-32, + xxvii. 1-11; P). There is now a break in the narrative (xviii. 2-10, + source uncertain); seven tribes have not yet received an inheritance, + and Joshua (alone) encourages them to send three men from each tribe + to walk through the land--excluding the territory of Judah and + Joseph--and to bring a description of it to him, after which he + divides it among them by lot. P[2] now resumes with an account of the + borders and cities of Benjamin (xviii. 11-28), Simeon, Zebulun, + Issachar, Asher, Naphtali and Dan (xix.; on v. 47, see below); and, + after the subscription (xix. 51), concludes with the institution of + the cities of refuge (xx., cf. Num. xxxv.), and of the Levitical + cities (xxi., contrast the earlier brief notice, xiii. 14, 33). + Chapter xx., belonging to the Predaction, has certain points of + contact with Deut. xix. which, it is very important to observe, are + wanting in the Septuagint; and xxi. 43-45 closes D's account of the + division, and in the Septuagint contains matter most of which is now + given by P in xix. 49 seq. Two narratives describe the dismissal of + the trans-Jordanic tribes after their co-operation in the conquest, + viz. xxii. 1-6 (D), and xxii. 9 seq. (P); cf. above, on xiii. 8 seq. + P, with the description of the erection of the altar (v. 34, Gilead?; + cf. Gen. xxxi. 47 seq.), is apparently a late re-writing of some now + obscure incident to emphasize the unity of worship. P's account of the + distribution of land among the _nine and a half_ tribes by Eleazar and + Joshua (from xiv. 1-5 to xix. 51) appears to have been on the lines + laid down in Num. xxxiv. (P). The scene, according to xviii. 1, is + Shiloh, and this verse, which does not belong to the context, should + apparently precede P's narrative in xiv. 1. But of the occupation of + _Shiloh_, the famous Ephraimite sanctuary and the seat of the ark, we + have no information. The older source, however, presupposes that Judah + and the two Joseph tribes have acquired their territory; the remaining + seven are blamed for their indifference (xviii. 2-10, see above), and + receive their lot conjointly at the camp at Shiloh. But if the + location is an attempt to harmonize with xviii. 1, _Gilgal_ should + probably be restored. The section xviii. 2-10 is followed by xxi. 43 + seq. (above), and may have been preceded originally by xiii. 1, 7 + (where read: inheritance for the _seven_ tribes); in its present form + it appears to be due to D. Another account of the exploits of Judah + and Joseph can be traced here and there; e.g. in xiv. 6-15 (where + Caleb receives Hebron as his inheritance and the "land had rest from + war"), and xvii. 14-18 (where Joseph receives an additional lot); but + where these traditions have not been worked into later narratives, + they exist only in fragmentary form and are chiefly recognizable by + their standpoint. They are characterized by the view that the conquest + was only a partial one, and one which was neither the work of a single + man nor at his instigation, but due entirely to individual or tribal + achievements. This view can be traced in xiii. 13, xv. 63 (cf. the + parallel Judges i. 21 in contrast to v. 8), xvi. 10 (Judges i. 29), + xvii. 11-13 (Judges i. 27 seq.), and in the references to separate + tribal or family exploits: xv. 13-19, xix. 47 (cf. Judges i. 34 seq., + xviii.). + +Two closing addresses are ascribed to Joshua, one an exhortation similar +to the homilies in secondary portions of Deuteronomy (xxiii.; cf. Moses +in Deut. xxviii. seq., and Samuel's last address in 1 Sam. xii.), which +virtually excludes the other (xxiv.), where Joshua assembles the tribes +at Shechem (Shiloh, in the Septuagint) and passes under review the +history of Israel from the days of heathenism (before Abraham was +brought into Canaan) down through the oppression in Egypt, the exodus, +the conquest in East Jordan and the occupation of Canaan. A few +otherwise unknown details are to be found (xxiv. 2, 11 seq. 14). The +address (which is extremely important for its representation of the +religious conditions) is made the occasion for a solemn covenant whereby +the people agree to cleave to Yahweh alone. This is commemorated by the +erection of a stone under the oak by the sanctuary of Yahweh (for the +tree with its sacred pillar, see Gen. xxxv. 4; Judges ix. 6). The people +are then dismissed, and the book closes in ordinary narrative style with +the death of Joshua and his burial in his inheritance at Timnath-serah +in Mt Ephraim (cf. xix. 49 seq.); the burial of Joseph in Shechem; and +the death and burial of Eleazar the son of Aaron in the "hill of +Phinehas." + + Chapter xxiv. presupposes the complete subjection of the Canaanites + and is of a late prophetic stamp. Some signs of amplification (e.g. + vv. 11b, 13, 31) suggest that it was inserted by a Deuteronomic hand, + evidently distinct from the author of xxiii. But elsewhere there are + traces of secondary Deuteronomic expansion and of internal + incongruities in Deuteronomic narratives; contrast xiv. 6-15 with + Joshua's extermination of the "Anakim" in xi. 21 seq.; the use of this + name with the "Philistines" of xiii. 2 (see PHILISTINES), or the + conquests in xi. 16-22 with the names in x. 36-43. All these passages + are now due to D; but not only is Deuteronomy itself composite, a + twofold redaction can be traced in Judges, Samuel and Kings, thus + involving the deeper literary problems of Joshua with the historical + books generally.[3] Both Joshua xxiii. and xxiv. are closely connected + with the very complicated introduction to the era of the "judges" in + Judges ii. 6 sqq., and ii. 6-9 actually resume Joshua xxiv. 28 sqq., + while the Septuagint appends to the close of Joshua the beginning of + the story of Ehud (Judges iii. 12 seq.). Both Judges i.-ii. 5 and + chap. xvii.-xxi. are of post-Deuteronomic insertion, and they + represent conditions analogous to the older notices imbedded in the + later work of P (Judges i. 21, xix. 10-12, cf. Joshua xv. 63; see + JUDGES _ad fin._). Moreover, P in its turn shows elsewhere definite + indications of different periods and standpoints, and the fluid state + of the book at a late age is shown by the presence of Deuteronomic + elements in Joshua xx., not found in the Septuagint, and by the + numerous and often striking readings which the latter recension + presents. + +_Value of the Book._--The value of the book of Joshua is primarily +religious; its fervency, its conviction of the destiny of Israel and its +inculcation of the unity and greatness of the God of Israel give +expression to the philosophy of Israelite historians. As an historical +record its value must depend upon a careful criticism of its contents in +the light of biblical history and external information. Its description +of the conquest of Canaan comes from an age when the event was a shadow +of the past. It is an ideal view of the manner in which a divinely +appointed leader guided a united people into the promised land of their +ancestors, and, after a few brief wars of extermination (x.-xii.), died +leaving the people in quiet possession of their new inheritance (xi. 23; +xxi. 44 seq.; xxiii. 1).[4] On the other hand, the earlier inhabitants +were not finally subjugated until Solomon's reign (1 Kings ix. 20); +Jerusalem was taken by David from the Jebusites (2 Sam. v.); and several +sites in its neighbourhood, together with important fortresses like +Gezer, Megiddo and Taanach, were not held by Israel at the first. There +are traces of other conflicting traditions representing independent +tribal efforts which were not successful, and the Israelites are even +said to live in the midst of Canaanites, intermarrying with them and +adopting their cult (Judges i.-iii. 6). From a careful consideration of +all the evidence, both internal and external, biblical scholars are now +almost unanimous that the more finished picture of the Israelite +invasion and settlement cannot be accepted as a historical record for +the age. It accords with this that the elaborate tribal-lists and +boundaries prove to be of greater value for the geography than for the +history of Palestine, and the attempts to use them as evidence for the +early history of Israel have involved numerous additional difficulties +and confusion.[5] + +The book of Joshua has ascribed to one man conquests which are not +confirmed by subsequent history. The capture of Bethel, implied rather +than described in Joshua viii., is elsewhere the work of the Joseph +tribes (Judges i. 22 sqq., cf. features in the conquest of Jericho, +Joshua vi. 25). Joshua's victory in north Palestine has its parallel in +Judges iv. at another period (see DEBORAH), and Adoni-zedek of Jerusalem +(Joshua x.) can scarcely be severed from the Adoni-bezek taken by the +tribes of Judah and Simeon (Judges i. 5-7). The prominence of Joshua as +military and religious leader, and especially his connexion with Shechem +and Shiloh, have suggested that he was a hero of the Joseph tribes of +central Palestine (viz. Ephraim and Manasseh). Moreover, the traditions +in Joshua viii. 30-ix. 2, and Deut. xxvii. 1-8 seem to place the arrival +at Mt Ebal immediately after the crossing of the Jordan. This implies +that Israel (like Jacob in Gen. xxxii.) crossed by the Jabbok, and in +fact the Wadi Fari'a provides an easy road to Shechem, to the south-east +of which lies Juleijil; and while this is the Gilgal of Deut. xi. 30, +the battles at Jericho and Ai (Joshua ii. seq.) occur naturally after +the encampment at the southern Gilgal (near Jericho). The alternative +view (see especially Stade, _Gesch. Isr._ 1. 133 sqq.) connects itself +partly with the ancestor of all the tribes (Jacob, i.e. Israel), and +partly with the eponym of the Joseph tribes whose early days were spent +around Shechem, the removal of whose bones from Egypt must have found a +prominent place in the traditions of the tribes concerned (Gen. l. 25; +Exod. xiii. 19; Joshua xxiv. 32). According to one view (Stade, +Wellhausen, Guthe, &c.) only the Joseph tribes were in Egypt, and +separate tribal movements (see JUDAH) have been incorporated in the +growth of the tradition; the probability that the specific traditions of +the Joseph tribes have been excised or subordinated finds support in the +manner in which the Judaean P has abridged and confused the tribal lists +of Ephraim and Manasseh. + +The serious character of the problems of early Israelite history can be +perceived from the renewed endeavours to present an adequate outline of +the course of events; for a criticism of the most prominent hypotheses +see Cheyne, _Ency. Bib._ art. "Tribes" (col. 5209 seq.); a new theory +has been more recently advanced by E. Meyer (_Die Israeliten u. ihre +Nachbarstämme_, 1906). But Joshua as a tribal hero does not belong to +the earliest phase in the surviving traditions. He has no place in the +oldest surviving narratives of the exodus (Wellhausen, Steuernagel); and +only later sources add him to Caleb (Num. xiv. 30; the reference in +Deut. i. 38 is part of an insertion), or regard him as the leader of all +the tribes (Deut. iii. 21, 28). As an attendant of Moses at the tent of +meeting he appears in quite secondary passages (Exod. xxxiii. 7-11; Num. +xi. 28). His defeat of the Amalekites is in a narrative (Exod. xvii. +8-16) which belongs more naturally to the wilderness of Shur, and it +associates him with traditions of a movement direct into south Palestine +which finds its counterpart when the clan Caleb (q.v.) is artificially +treated as possessing its seats with Joshua's permission. But points of +resemblance between Joshua the invader and Saul the founder of the +(north) Israelite monarchy gain in weight when the traditions of both +recognize the inclusion or possession of Judah, and thus stand upon +quite another plane as compared with those of David the founder of the +Judaean dynasty. Instead of rejecting the older stories of Joshua's +conquests it may be preferable to infer that there were radical +divergences in the historical views of the past. Consequently, the +parallels between Joshua and Jacob (see Steuernagel's _Commentary_, p. +150) are more significant when the occupation of central Palestine, +already implied in the book of Joshua, is viewed in the light of Gen. +xlviii. 22, where Jacob as conqueror (cf. the very late form of the +tradition in Jubilees xxxiv.) agrees with features in the patriarchal +narratives which, in implying a settlement in Palestine, are entirely +distinct from those which belong to the descent into Egypt (see +especially, Meyer, op. cit. pp. 227 seq., 414 seq., 433; Luther, ib. 108 +seq.). The elaborate account of the exodus gives the prevailing views +which supersede other traditions of the origin both of the Israelites +and of the worship of Yahweh (Gen. iv. 26). Several motives have +influenced its growth,[6] and the kernel--the revelation of Yahweh to +Moses--has been developed until all the tribes of Israel are included +and their history as a people now begins. The old traditions of conquest +in central Palestine have similarly been extended, and have been adapted +to the now familiar view of Israelite origins. It is this subordination +of earlier tradition to other and more predominating representations +which probably explains the intricacy of a book whose present text may +not have been finally fixed until, as Dillmann held, as late as about +200 B.C. + + BIBLIOGRAPHY.--See the commentaries of Dillmann, Steuernagel Holzinger + (German), or the concise edition by H. W. Robinson in the _Century + Bible_; also articles on "Joshua" by G. A. Smith, Hastings's _D. B._, + and G. F. Moore, _Ency. Bib._; Kittel in _Hist. of the Hebrews_, i. + 262 sqq.; W. H. Bennett, in Haupt's _Sacred Books of the Old + Testament_; Carpenter and Harford-Battersby, _Comp. of Hexateuch_, ch. + xvii; S. R. Driver, _Lit. of the O. T._ (8th ed., 1909). These give + further bibliographical information, for which see also the articles + on the books of the Pentateuch. (S. A. C.) + + +FOOTNOTES: + + [1] Heb. _Jehoshua_; later _Jeshua_; Gr. [Greek: Iêsous], whence + "Jesus" in the A.V. of Heb. iv. 8; another form of the name is Hoshea + (Num. xiii. 8, 16). The name may mean "Yah(weh) is wealth, _or_ is + (our) war-cry, _or_ saves." The only extra-biblical notice of Joshua + is the inscription of more than doubtful genuineness given by + Procopius (_Vand._ ii. 20), and mentioned also by Moses of Chorene + (_Hist. Arm._ i. 18). It is said to have stood at Tingis in + Mauretania, and to have borne that those who erected it had fled + before [Greek: Iêsous ho lêstês]. For the medieval Samaritan Book of + Joshua, see T. Juynboll, _Chronicum Samaritanum_ (1846); J. A. + Montgomery, _The Samaritans_ (1907), pp. 301 sqq. + + [2] Traces of composite material may be recognized--(a) where, in + place of boundaries, P has given lists of cities which appear to be + taken from other sources (cf. the instructions in xviii. 9), and (b) + in the double headings (see Addis, _The Hexateuch_, i. 230, note 1, + and the commentaries). + + [3] The close relation between what may be called the Deuteronomic + history (Joshua-Kings) and its introduction (the legal book of + Deuteronomy) independently show the difficulty of supporting the + traditional date ascribed to the latter. + + [4] G. F. Moore (_Ency. Bib._, col. 2608, note 2) draws attention to + the instructive parallel furnished by the Greek legends of the Dorian + invasion of the Peloponnesus (the "return" of the Heracleidae, the + partition of the land by lot, &c.). + + [5] The historical problems are noticed in all biblical histories, + and in the commentaries on Joshua and Judges. Against the ordinary + critical view, see J. Orr, _Problem of the O.T._ (1905) pp. 240 seq. + This writer (on whom see A. S. Peake, _The Interpreter_, 1908, pp. + 252 seq.) takes the book as a whole, allowance being made for "the + generalizing tendency peculiar to all summaries." His argument that + "the circumstantiality, local knowledge and evidently full + recollection of the narratives (in Joshua) give confidence in the + truth of their statements" is one which historical criticism in no + field would regard as conclusive, and his contention that a redactor + would hardly incorporate conflicting traditions in his narrative "if + he believed they contradicted it" begs the question and ignores + Oriental literature. + + [6] E.g. the vicissitudes of Levitical families, other migrations + into Palestine, &c. The story of Joseph has probably been used as a + link (see Luther, _op. cit._ pp. 142 seq.). + + + + +JOSHUA THE STYLITE, the reputed author of a chronicle which narrates the +history of the war between the Greeks and Persians in 502-506, and which +is one of the earliest and best historical documents preserved to us in +Syriac. The work owes its preservation to having been incorporated in +the third part of the history of pseudo-Dionysius of Tell-Mahre, and may +probably have had a place in the second part of the _Ecclesiastical +History_ of John of Asia, from whom (as Nau has shown) pseudo-Dionysius +copied all or most of the matter contained in his third part. The +chronicle in question is anonymous, and Nau has shown that the note of a +copyist, which was thought to assign it to the monk Joshua of Zuknin +near Amid, more probably refers to the compiler of the whole work in +which it was incorporated. Anyhow the author was an eye-witness of many +of the events which he describes, and must have been living at Edessa +during the years when it suffered so severely from the Persian War. His +view of events is everywhere characterized by his belief in overruling +Providence; and as he eulogizes Flavian II., the Chalcedonian patriarch +of Antioch, in warmer terms than those in which he praises his great +Monophysite contemporaries, Jacob of Serugh and Philoxenus of Mabbog, he +was probably an orthodox Catholic. + + The chronicle was first made known by Assemani's abridged Latin + version (_B. O._ i. 260-283) and was edited in 1876 by the abbé Martin + and (with an English translation) by W. Wright in 1882. After an + elaborate dedication to a friend--the "priest and abbot" Sergius--a + brief recapitulation of events from the death of Julian in 363 and a + fuller account of the reigns of the Persian kings Peroz (457-484) and + Balash (484-488), the writer enters upon his main theme--the history + of the disturbed relations between the Persian and Greek Empires from + the beginning of the reign of Kawad I. (489-531), which culminated in + the great war of 502-506. From October 494 to the conclusion of peace + near the end of 506, the author gives an annalistic account, with + careful specification of dates, of the main events in Mesopotamia, the + theatre of conflict--such as the siege and capture of Amid by the + Persians (502-503), their unsuccessful siege of Edessa (503), and the + abortive attempt of the Greeks to recover Amid (504-505). The work was + probably written a few years after the conclusion of the war. The + style is graphic and straightforward, and the author was evidently a + man of good education and of a simple, honest mind. (N. M.) + + + + +JOSIAH (Heb. _yo' shiyyahu_, perhaps "Yah[weh] supports"), in the Bible, +the grandson of Manasseh, and king of Judah. He came to the throne at +the age of eight, after the murder of his predecessor Amon. The +circumstances of his minority are not recorded, nor is anything related +of the Scythian inroads which occurred in the latter half of the 7th +century B.C., although some passages in the books of Jeremiah and +Zephaniah are supposed to refer to the events. The storm which shook the +external states was favourable to the peace of Judah; the Assyrian power +was practically broken, and that of the Chaldeans had scarcely developed +into an aggressive form. Samaria thus lay within the grasp of Josiah, +who may have entertained hopes of forming an independent power of his +own. Otherwise, it is not clear why we find him opposing himself to the +Egyptian king Necho, since the assumption that he fought as an Assyrian +vassal scarcely agrees with the profound reforming policy ascribed to +him. At all events, at the battle of Megiddo[1] he lost both his kingdom +and his life (608 B.C.), and for a few years Judah was in the hands of +Egypt (2 Kings xxiii. 29 seq.). The chronicler gives a rather different +account of the battle, and his allusion to the dirge uttered by Jeremiah +over his death (2 Chron. xxxv. 20-25; 1 Esd. i. 32) represents the +tradition which makes this prophet the author of the book of +Lamentations. + +The reign of Josiah is important for the biblical account of the great +religious reforms which began in his eighteenth year, when he manifested +interest in the repair of the Temple at Jerusalem. In the course of this +work the high priest Hilkiah discovered a "law-book" which gave rise to +the liveliest concern. The reasons for believing that this roll was +substantially identical with the book of Deuteronomy were already +appreciated by Jerome, Chrysostom, Theodoret and others,[2] and a +careful examination shows that the character of the reformation which +followed agrees in all its essential features with the prescriptions and +exhortations of that book. (See DEUTERONOMY.) But the detailed records +in 2 Kings xxii. seq. are evidently written under the influence of the +reforms themselves, and are not contemporary (see KINGS, BOOK OF). They +are further expanded, to agree with still later ideals, in 2 Chron. +xxxiv. seq. The original roll was short enough to be read at least twice +in a day (xxii. 8, 10), and hence only some portions of Deuteronomy (or +of an allied production) may be intended. Although the character of the +reforms throws remarkable light upon the condition of religion in Judah +in the time of Josiah, it is to be observed that the writings of the +contemporary prophets (Jeremiah, Ezekiel) make it very questionable +whether the narratives are thoroughly trustworthy for the history of the +king's measures. (See further JEWS, § 16.) (S. A. C.) + + +FOOTNOTES: + + [1] Or "Magdolos" (Herod, ii. 159), i.e. some "Migdal" (tower) of + Judaea, not the Migdol of Exod. xiv. 2; Jer. xliv. 1. + + [2] See _Zeit. f. Alttest. Wissenschaft_ (1902), pp. 170 seq., 312 + seq.; _Journ Bib. Lit._ (1903), p. 50. + + + + +JÓSIKA, MIKLOS [NICHOLAS], BARON (1794-1865), Hungarian novelist, was +born on the 28th of April 1794 at Torda in Transylvania, of aristocratic +and wealthy parents. After finishing the usual course of legal studies +at Kolozsvár (Klausenburg), he in 1811 entered the army, joining a +cavalry regiment, with which he subsequently took part in the Italian +campaign. On the battlefield of Mincio (February 8, 1814) he was +promoted to the grade of lieutenant. He served in the campaign against +Napoleon, and was present at the entry of the Allied Troops into Paris +(March 31, 1814). In 1818 Jósika resigned his commission, returned to +Hungary, and married his first wife Elizabeth Kallai. The union proving +an unhappy one, Jósika parted from his wife, settled on his estate at +Szurdok in Transylvania, and devoted himself to agricultural and +literary pursuits. Drawn into the sphere of politics, he took part in +the memorable Transylvanian diet of 1834. About this time Jósika first +began to attract attention as a writer of fiction. In 1836 his _Abafi_ +laid the foundation of his literary reputation. This novel gives a vivid +picture of Transylvania in the time of Sigismund Bátori. Jósika was soon +afterwards elected member of the Hungarian Academy of Sciences and of +the Kisfaludy Society; of the latter he became, in 1841, director, and +in 1842 vice-president. In 1847 he appeared at the Transylvanian diet as +second deputy for the county of Szolnok, and zealously supported the +movement for the union of Transylvania with Hungary proper. In the same +year he was converted to Protestantism, was formally divorced from his +wife, and married Baroness Julia Podmaniczky, herself a writer of +considerable merit, with whom he lived happily until his death. So great +was Jósika's literary activity that by the time of the revolution (1848) +he had already produced about sixty volumes of romances and novels, +besides numerous contributions to periodicals. Both as magnate of the +upper house of the Hungarian diet and by his writings Jósika aided the +revolutionary movement, with which he was soon personally identified, +being chosen one of the members of the committee of national defence. +Consequently, after the capitulation at Világos (Aug. 13, 1849) he found +it necessary to flee the country, and settled first at Dresden and then, +in 1850, at Brussels, where he resumed his literary pursuits +anonymously. In 1864 he removed to Dresden, in which city he died on the +27th of February 1865. The romances of Jósika, written somewhat after +the style of Sir Walter Scott, are chiefly of an historical and +social-political character, his materials being drawn almost entirely +from the annals of his own country. Among his more important works may +be specially mentioned, besides _Abafi_--_The Poet Zrinyi_ (1843); _The +Last of the Bátoris_ (1837); _The Bohemians in Hungary_ (1839); _Esther_ +(1853); _Francis Rákóczy II._ (1861); and _A Végváriak_, a tale of the +time of the Transylvanian prince Bethlen Gábor, 1864. Many of Jósika's +novels have been translated into German. + + See K. Moenich and S. Vutkovich, _Magyar Irók Névtára_ (1876); M. + Jókai, "Jósika Miklós Emlékezete," _A Kisfaludy-Társaság Evlapjai, Új + folyam_, vol. iii. (1869); G. W. Steinacker, _Ungarische Lyriker_ + (1874). Cf. also Jósika's autobiography--_Emlékirat_, vol. iv. (1865). + + + + +JOSIPPON, the name usually given to a popular chronicle of Jewish +history from Adam to the age of Titus, attributed to an author Josippon +or Joseph ben Gorion.[1] The name, though at one time identified with +that of the historian Josephus, is perhaps a corruption of Hegesippus, +from whom (according to Trieber) the author derived much of his +material. The chronicle was probably compiled in Hebrew early in the +10th century, by a Jewish native of south Italy. The first edition was +printed in Mantua in 1476. _Josippon_ subsequently appeared in many +forms, one of the most popular being in Yiddish (Judaeo-German), with +quaint illustrations. Though the chronicle is more legendary than +historical, it is not unlikely that some good and even ancient sources +were used by the first compiler, the _Josippon_ known to us having +passed through the hands of many interpolators. The book enjoyed much +vogue in England. Peter Morvyn in 1558 translated an abbreviated version +into English, and edition after edition was called for. Lucien Wolf has +shown that the English translations of the Bible aroused so much +interest in the Jews that there was a widespread desire to know more +about them. This led to the circulation of many editions of _Josippon_, +which thus formed a link in the chain of events which culminated in the +readmission of the Jews to England by Cromwell. (I. A.) + + +FOOTNOTE: + + [1] A prefect of Jerusalem of this name is mentioned by Josephus, + _Bell. Jud._ ii. 20. + + + + +JOSS, in the pidgin-English of the Chinese seaports, the name given to +idols and deities. It is used adjectivally in regard to many things +connected with religious rites, such as "joss-house," a temple; +"joss-stick," a stick which when burned gives forth a fragrant odour and +is used as incense; "joss-paper," paper cut to resemble money (and +sometimes with prayers written upon it) burned in funeral and other +ceremonies. "Joss" is not a Chinese word, and is probably a corruption +of Port. _deos_, god, applied by Portuguese navigators in the 16th +century to the idols worshipped in the East Indies. The Dutch form is +_joosge_ (diminutive of _joos_), whence the Javanese _dejos_, and the +English _yos_, later _joss_. The word seems to have been carried to +China by English seamen from Batavia. + + + + +JOST, ISAAK MARKUS (1793-1860), Jewish historical writer, was born on +the 22nd of February 1793 at Bernburg, and studied at the universities +of Göttingen and Berlin. In Berlin he began to teach, and in 1835 +received the appointment of upper master in the Jewish commercial school +(called the Philanthropin) at Frankfort-on-the-Main. Here he remained +until his death, on the 22nd of November 1860. The work by which he is +chiefly known is _Geschichte der Israeliten seit der Zeit der +Maccabäer_, in 9 vols. (1820-1829), which was afterwards supplemented by +_Neuere Geschichte der Israeliten von 1815-1845_ (1846-1847), and +_Geschichte des Judenthums und seiner Sekten_ (1857-1859). He also +published an abridgment under the title _Allgemeine Geschichte des +israelitischen Volkes_ (1831-1832), and an edition of the Mishna with a +German translation and notes (6 vols., 1832-1834). The _Israelitische +Annalen_ were edited by him from 1839 to 1841, and he contributed +extensively to periodicals. + + See Zirndorf, _Isaak Markus Jost und seine Freunde_ (Cincinnati, + 1886). + + + + +JOTUNHEIM, or JOTUN FJELDE, a mountainous region of southern Norway, +lying between Gudbrandsdal on the east and Jostedalsbrae and the head of +the Sogne fjord on the west. Within an area of about 950 sq. m. it +contains the highest mountain in the Scandinavian Peninsula--Galdhöpiggen +(8399 ft.)--and several others but little inferior. Such are Glittertind +or Glitretind (8380), and Memurutind (7966), which face Galdhöpiggen +across the northward-sloping Visdal; Knutshulstind (7812) and several +other peaks exceeding 7000 ft., to the south, between lakes Gjende and +Bygdin, and Skagastölstind (7723) in the west of the region, above the +Utladal, the chief summit of the magnificent Horunger. The upper parts of +the main valleys are of characteristic form, not ending in lofty +mountain-walls but comparatively low and level, and bearing lakes. The +name Jotunheim (giants' home) is a modern memorial of the +mountain-dwelling giants of Norse fable; the alternative name Jotun +Fjelde was the first bestowed on the region, when it was explored in 1820 +by the geologist Balthasar Matthias Keilhau (1797-1858). In modern times +the region has attracted mountaineers and many visitors accustomed to +rough lodging and difficult travelling. + + + + +JOUBERT, BARTHÉLEMY CATHERINE (1769-1799), French general, the son of an +advocate, was born at Pont de Vaux (Ain) on the 14th of April 1769. In +1784 he ran away from school to enlist in the artillery, but was brought +back and sent to study law at Lyons and Dijon. In 1791 he joined the +volunteers of the Ain, and was elected by his comrades successively +corporal and sergeant. In January 1792 he became sub-lieutenant, and in +November lieutenant, having in the meantime made his first campaign with +the army of Italy. In 1793 he distinguished himself by the brilliant +defence of a redoubt at the Col di Tenda, with only thirty men against a +battalion of the enemy. Wounded and made prisoner in this affair, +Joubert was released on parole by the Austrian commander-in-chief, +Devins, soon afterwards. In 1794 he was again actively engaged, and in +1795 he rendered such conspicuous service as to be made general of +brigade. In the campaign of 1796 the young general commanded a brigade +under Augereau, and soon attracted the special attention of Bonaparte, +who caused him to be made a general of division in December, and +repeatedly selected him for the command of important detachments. Thus +he was in charge of the retaining force at the battle of Rivoli, and in +the campaign of 1799 (invasion of Austria) he commanded the detached +left wing of Bonaparte's army in Tirol, and fought his way through the +mountains to rejoin his chief in Styria. He subsequently held various +commands in Holland, on the Rhine and in Italy, where up to January 1799 +he commanded in chief. Resigning the post in consequence of a dispute +with the civil authorities, Joubert returned to France and married +(June) Mlle de Montholon. But he was almost immediately summoned to the +field again. He took over the command in Italy from Moreau about the +middle of July, but he persuaded his predecessor to remain at the front +and was largely guided by his advice. The odds against the French troops +in the disastrous campaign of 1799 (see FRENCH REVOLUTIONARY WARS) were +too heavy. Joubert and Moreau were quickly compelled to give battle by +their great antagonist Suvorov. The battle of Novi was disastrous to the +French arms, not merely because it was a defeat, but above all because +Joubert himself was amongst the first to fall (Aug. 15, 1799). Joubert +died before it could be shown whether his genius was of the first rank, +but he was at any rate marked out as a future great captain by the +greatest captain of all ages, and his countrymen intuitively associated +him with Hoche and Marceau as a great leader whose early death +disappointed their highest hopes. After the battle his remains were +brought to Toulon and buried in Fort La Malgue, and the revolutionary +government paid tribute to his memory by a ceremony of public mourning +(Sept. 16). A monument to Joubert at Bourg was razed by order of Louis +XVIII., but another memorial was afterwards erected at Pont de Vaux. + + See Guilbert, _Notice sur la vie de B. C. Joubert_; Chevrier, _Le + Général Joubert d'après sa correspondance_ (2nd ed. 1884). + + + + +JOUBERT, JOSEPH (1754-1824), French moralist, was born at Montignac +(Corrèze) on the 6th of May 1754. After completing his studies at +Toulouse he spent some years there as a teacher. His delicate health +proved unequal to the task, and after two years spent at home in study +Joubert went to Paris at the beginning of 1778. He allied himself with +the chiefs of the philosophic party, especially with Diderot, of whom he +was in some sort a disciple, but his closest friendship was with the +abbé de Fontanes. In 1790 he was recalled to his native place to act as +_juge de paix_, and carried out the duties of his office with great +fidelity. He had made the acquaintance of Mme de Beaumont in a +Burgundian cottage where she had taken refuge from the Terror, and it +was under her inspiration that Joubert's genius was at its best. The +atmosphere of serenity and affection with which she surrounded him +seemed necessary to the development of what Sainte-Beuve calls his +"esprit ailé, ami du ciel et des hauteurs." Her death in 1803 was a +great blow to him, and his literary activity, never great, declined from +that time. In 1809, at the solicitation of Joseph de Bonald, he was made +an inspector-general of education, and his professional duties +practically absorbed his interests during the rest of his life. He died +on the 3rd of May 1824. His manuscripts were entrusted by his widow to +Chateaubriand, who published a selection of _Pensées_ from them in 1838 +for private circulation. A more complete edition was published by +Joubert's nephew, Paul de Raynal, under the title _Pensées, essais, +maximes et correspondance_ (2 vols. 1842). A selection of letters +addressed to Joubert was published in 1883. Joubert constantly strove +after perfection, and the small quantity of his work was partly due to +his desire to find adequate and luminous expression for his +discriminating criticism of literature and morals. + + If Joubert's readers in England are not numerous, he is well known at + second hand through the sympathetic essay devoted to him in Matthew + Arnold's _Essays in Criticism_ (1st series). See Sainte-Beuve, + _Causeries du lundi_, vol. i.; _Portraits littéraires_, vol. ii.; and + a notice by Paul de Raynal, prefixed to the edition of 1842. + + + + +JOUBERT, PETRUS JACOBUS (1834-1900), commandant-general of the South +African Republic from 1880 to 1900, was born at Cango, in the district +of Oudtshoorn, Cape Colony, on the 20th of January 1834, a descendant of +a French Huguenot who fled to South Africa soon after the revocation of +the Edict of Nantes by Louis XIV. Left an orphan at an early age, +Joubert migrated to the Transvaal, where he settled in the Wakkerstroom +district near Laing's Nek and the north-east angle of Natal. There he +not only farmed with great success, but turned his attention to the +study of the law. The esteem in which his shrewdness in both farming and +legal affairs was held led to his election to the Volksraad as member +for Wakkerstroom early in the sixties, Marthinus Pretorius being then in +his second term of office as president. In 1870 Joubert was again +elected, and the use to which he put his slender stock of legal +knowledge secured him the appointment of attorney-general of the +republic, while in 1875 he acted as president during the absence of T. +F. Burgers in Europe. During the first British annexation of the +Transvaal, Joubert earned for himself the reputation of a consistent +irreconcilable by refusing to hold office under the government, as Paul +Kruger and other prominent Boers were doing. Instead of accepting the +lucrative post offered him, he took a leading part in creating and +directing the agitation which led to the war of 1880-1881, eventually +becoming, as commandant-general of the Boer forces, a member of the +triumvirate that administered the provisional Boer government set up in +December 1880 at Heidelberg. He was in command of the Boer forces at +Laing's Nek, Ingogo, and Majuba Hill, subsequently conducting the +earlier peace negotiations that led to the conclusion of the Pretoria +Convention. In 1883 he was a candidate for the presidency of the +Transvaal, but received only 1171 votes as against 3431 cast for Kruger. +In 1893 he again opposed Kruger in the contest for the presidency, +standing as the representative of the comparatively progressive section +of the Boers, who wished in some measure to redress the grievances of +the Uitlander population which had grown up on the Rand. The poll +(though there is good reason for believing that the voting lists had +been manipulated by Kruger's agents) was declared to have resulted in +7911 votes being cast for Kruger and 7246 for Joubert. After a protest +Joubert acquiesced in Kruger's continued presidency. He stood again in +1898, but the Jameson raid had occurred meantime and the voting was +12,858 for Kruger and 2001 for Joubert. Joubert's position had then +become much weakened by accusations of treachery and of sympathy with +the Uitlander agitation. He took little part in the negotiations that +culminated in the ultimatum sent to Great Britain by Kruger in 1899, and +though he immediately assumed nominal command of the operations on the +outbreak of hostilities, he gave up to others the chief share in the +direction of the war, through his inability or neglect to impose upon +them his own will. His cautious nature, which had in early life gained +him the sobriquet of "Slim Piet," joined to a lack of determination and +assertiveness that characterized his whole career, led him to act mainly +on the defensive; and the strategically offensive movements of the Boer +forces, such as Elandslaagte and Willow Grange, appear to have been +neither planned nor executed by him. As the war went on, physical +weakness led to Joubert's virtual retirement, and, though two days +earlier he was still reported as being in supreme command, he died at +Pretoria from peritonitis on the 28th of March 1900. Sir George White, +the defender of Ladysmith, summed up Joubert's character when he called +him "a soldier and a gentleman, and a brave and honourable opponent." + + + + +JOUFFROY, JEAN (c. 1412-1473), French prelate and diplomatist, was born +at Luxeuil (Haute-Saône). After entering the Benedictine order and +teaching at the university of Paris from 1435 to 1438, he became almoner +to Philip the Good, duke of Burgundy, who entrusted him with diplomatic +missions in France, Italy, Portugal and Castile. Jouffroy was appointed +abbot of Luxeuil (1451?) bishop of Arras (1453), and papal legate +(1459). At the French court his diplomatic duties brought him to the +notice of the dauphin (afterwards Louis XI.). Jouffroy entered Louis's +service, and obtained a cardinal's hat (1461), the bishopric of Albi +(1462), and the abbacy of St Denis (1464). On several occasions he was +sent to Rome to negotiate the abolition of the Pragmatic Sanction and to +defend the interests of the Angevins at Naples. Attached by King Louis +to the sieur de Beaujeu in the expedition against John V., count of +Armagnac, Jouffroy was accused of taking the town of Lectoure by +treachery, and of being a party to the murder of the count of Armagnac +(1473). He died at Reuilly the same year. + + See C. Fierrille, _Le Cardinal Jean Jouffroy et son temps_ (1412-1473) + (Coutances, Paris, 1874). + + + + +JOUFFROY, THÉODORE SIMON (1706-1842), French philosopher, was born at +Pontets, near Mouthe, department of Doubs. In his tenth year, his +father, a tax-gatherer, sent him to an uncle at Pontarlier, under whom +he commenced his classical studies. At Dijon his compositions attracted +the attention of an inspector, who had him placed (1814) in the normal +school, Paris. He there came under the influence of Victor Cousin, and +in 1817 he was appointed assistant professor of philosophy at the normal +and Bourbon schools. Three years later, being thrown upon his own +resources, he began a course of lectures in his own house, and formed +literary connexions with _Le Courrier français_, _Le Globe_, +_L'Encyclopédie moderne_, and _La Revue européenne_. The variety of his +pursuits at this time carried him over the whole field of ancient and +modern literature. But he was chiefly attracted to the philosophical +system represented by Reid and Stewart. The application of "common +sense" to the problem of substance supplied a more satisfactory analytic +for him than the scepticism of Hume which reached him through a study of +Kant. He thus threw in his lot with the Scottish philosophy, and his +first dissertations are, in their leading position, adaptations from +Reid's _Inquiry_. In 1826 he wrote a preface to a translation of the +_Moral Philosophy_ of Stewart, demonstrating the possibility of a +scientific statement of the laws of consciousness; in 1828 he began a +translation of the works of Reid, and in his preface estimated the +influence of Scottish criticism upon philosophy, giving a biographical +account of the movement from Hutcheson onwards. Next year he was +returned to parlement by the _arrondissement_ of Pontarlier; but the +work of legislation was ill-suited to him. Yet he attended to his duties +conscientiously, and ultimately broke his health in their discharge. In +1833 he was appointed professor of Greek and Roman philosophy at the +college of France and a member of the Academy of Sciences; he then +published the _Mélanges philosophiques_ (4th ed. 1866; Eng. trans. G. +Ripley, Boston, 1835 and 1838), a collection of fugitive papers in +criticism and philosophy and history. In them is foreshadowed all that +he afterwards worked out in metaphysics, psychology, ethics and +aesthetics. He had already demonstrated in his prefaces the possibility +of a psychology apart from physiology, of the science of the phenomena +of consciousness distinct from the perceptions of sense. He now +classified the mental faculties, premising that they must not be +confounded with capacities or properties of mind. They were, according +to his analysis, personal will, primitive instincts, voluntary movement, +natural and artificial signs, sensibility and the faculties of +intellect; on this analytic he founded his scheme of the universe. In +1835 he published a _Cours de droit naturel_ (4th ed. 1866), which, for +precision of statement and logical coherence, is the most important of +his works. From the conception of a universal order in the universe he +reasons to a Supreme Being, who has created it and who has conferred +upon every man in harmony with it the aim of his existence, leading to +his highest good. Good, he says, is the fulfilment of man's destiny, +evil the thwarting of it. Every man being organized in a particular way +has, of necessity, an aim, the fulfilment of which is good; and he has +faculties for accomplishing it, directed by reason. The aim is good, +however, only when reason guides it for the benefit of the majority, but +that is not absolute good. When reason rises to the conception of +universal order, when actions are submitted, by the exercise of a +sympathy working necessarily and intuitively to the idea of the +universal order, the good has been reached, the true good, good in +itself, absolute good. But he does not follow his idea into the details +of human duty, though he passes in review fatalism, mysticism, +pantheism, scepticism, egotism, sentimentalism and rationalism. In 1835 +Jouffroy's health failed and he went to Italy, where he continued to +translate the Scottish philosophers. On his return he became librarian +to the university, and took the chair of recent philosophy at the +faculty of letters. He died in Paris on the 4th of February 1842. After +his death were published _Nouveaux mélanges philosophiques_ (3rd ed. +1872) and _Cours d'esthétique_ (3rd ed. 1875). The former contributed +nothing new to the system except a more emphatic statement of the +distinction between psychology and physiology. The latter formulated his +theory of beauty. + +Jouffroy's claim to distinction rests upon his ability as an expositor +of other men's ideas. He founded no system; he contributed nothing of +importance to philosophical science; he initiated nothing which has +survived him. But his enthusiasm for mental science, and his command +over the language of popular exposition, made him a great international +medium for the transfusion of ideas. He stood between Scotland and +France and Germany and France; and, though his expositions are vitiated +by loose reading of the philosophers he interpreted, he did serviceable, +even memorable work. + + See L. Lévy Bruhl, _History of Modern Philos. in France_ (1899), pp. + 349-357; C. J. Tissot, _Th. Jouffroy: sa vie et ses écrits_ (1876); J. + P. Damiron, _Essai sur l'histoire de la philos. en France au xix^e + siècle_ (1846). + + + + +JOUGS, JUGGS, or JOGGS (O. Fr. _joug_, from Lat. _jugum_, a yoke), an +instrument of punishment formerly in use in Scotland, Holland and +possibly other countries. It was an iron collar fastened by a short +chain to a wall, often of the parish church, or to a tree. The collar +was placed round the offender's neck and fastened by a padlock. The +jougs was practically a pillory. It was used for ecclesiastical as well +as civil offences. Examples may still be seen in Scotland. + + + + +JOULE, JAMES PRESCOTT (1818-1889), English physicist, was born on the +24th of December 1818, at Salford, near Manchester. Although he received +some instruction from John Dalton in chemistry, most of his scientific +knowledge was self-taught, and this was especially the case with regard +to electricity and electro-magnetism, the subjects in which his earliest +researches were carried out. From the first he appreciated the +importance of accurate measurement, and all through his life the +attainment of exact quantitative data was one of his chief +considerations. At the age of nineteen he invented an electro-magnetic +engine, and in the course of examining its performance dissatisfaction +with vague and arbitrary methods of specifying electrical quantities +caused him to adopt a convenient and scientific unit, which he took to +be the amount of electricity required to decompose nine grains of water +in one hour. In 1840 he was thus enabled to give a quantitative +statement of the law according to which heat is produced in a conductor +by the passage of an electric current, and in succeeding years he +published a series of valuable researches on the agency of electricity +in transformations of energy. One of these contained the first +intimation of the achievement with which his name is most widely +associated, for it was in a paper read before the British Association at +Cork in 1843, and entitled "The Calorific Effects of Magneto-electricity +and the Mechanical Value of Heat," that he expressed the conviction that +whenever mechanical force is expended an exact equivalent of heat is +always obtained. By rotating a small electro-magnet in water, between +the poles of another magnet, and then measuring the heat developed in +the water and other parts of the machine, the current induced in the +coils, and the energy required to maintain rotation, he calculated that +the quantity of heat capable of warming one pound of water one degree F. +was equivalent to the mechanical force which could raise 838 lb. through +the distance of one foot. At the same time he brought forward another +determination based on the heating effects observable when water is +forced through capillary tubes; the number obtained in this way was 770. +A third method, depending on the observation of the heat evolved by the +mechanical compression of air, was employed a year or two later, and +yielded the number 798; and a fourth--the well-known frictional one of +stirring water with a sort of paddle-wheel--yielded the result 890 (see +_Brit. Assoc. Report_, 1845), though 781.5 was obtained by subsequent +repetitions of the experiment. In 1849 he presented to the Royal +Society a memoir which, together with a history of the subject, +contained details of a long series of determinations, the result of +which was 772. A good many years later he was entrusted by the committee +of the British Association on standards of electric resistance with the +task of deducing the mechanical equivalent of heat from the thermal +effects of electric currents. This inquiry yielded (in 1867) the result +783, and this Joule himself was inclined to regard as more accurate than +his old determination by the frictional method; the latter, however, was +repeated with every precaution, and again indicated 772.55 foot-pounds +as the quantity of work that must be expended at sea-level in the +latitude of Greenwich in order to raise the temperature of one pound of +water, weighed _in vacuo_, from 60° to 61° F. Ultimately the discrepancy +was traced to an error which, not by Joule's fault, vitiated the +determination by the electrical method, for it was found that the +standard ohm, as actually defined by the British Association committee +and as used by him, was slightly smaller than was intended; when the +necessary corrections were made the results of the two methods were +almost precisely congruent, and thus the figure 772.55 was vindicated. +In addition, numerous other researches stand to Joule's credit--the work +done in compressing gases and the thermal changes they undergo when +forced under pressure through small apertures (with Lord Kelvin), the +change of volume on solution, the change of temperature produced by the +longitudinal extension and compression of solids, &c. It was during the +experiments involved by the first of these inquiries that Joule was +incidentally led to appreciate the value of surface condensation in +increasing the efficiency of the steam engine. A new form of condenser +was tested on the small engine employed, and the results it yielded +formed the starting-point of a series of investigations which were aided +by a special grant from the Royal Society, and were described in an +elaborate memoir presented to it on the 13th of December 1860. His +results, according to Kelvin, led directly and speedily to the present +practical method of surface-condensation, one of the most important +improvements of the steam engine, especially for marine use, since the +days of James Watt. Joule died at Sale on the 11th of October 1889. + + His scientific papers were collected and published by the Physical + Society of London: the first volume, which appeared in 1884, contained + the researches for which he was alone responsible, and the second, + dated 1887, those which he carried out in association with other + workers. + + + + +JOURDAN, JEAN BAPTISTE, COUNT (1762-1833), marshal of France, was born +at Limoges on the 29th of April 1762, and in his boyhood was apprenticed +to a silk merchant of Lyons. In 1776 he enlisted in a French regiment to +serve in the American War of Independence, and after being invalided in +1784 he married and set up in business at Limoges. At the outbreak of +the revolutionary wars he volunteered, and as a subaltern took part in +the first campaigns in the north of France. His rise was even more rapid +than that of Hoche and Marceau. By 1793 he had become a general of +division, and was selected by Carnot to succeed Houchard as +commander-in-chief of the Army of the North; and on the 15th-16th of +October 1793 he won the brilliant and important victory of Wattignies +(see FRENCH REVOLUTIONARY WARS). Soon afterwards he became a "suspect," +the moderation of his political opinions and his misgivings as to the +future conduct of the war being equally distasteful to the truculent and +enthusiastic Committee of Public Safety. Warned in time by his friend +Carnot and by Barère, he avoided arrest and resumed his business as a +silk-mercer in Limoges. He was soon reinstated, and early in 1794 was +appointed commander-in-chief of the Army of Sambre-et-Meuse. After +repeated attempts to force the passage of the Sambre had failed and +several severe general actions had been fought without result, Jourdan +and his army were discouraged, but Carnot and the civil commissioners +urged the general, even with threats, to a last effort, and this time he +was successful not only in crossing the Sambre but in winning a +brilliant victory at Fleurus (June 26, 1794), the consequence of which +was the extension of the French sphere of influence to the Rhine, on +which river he waged an indecisive campaign in 1795. + +In 1796 his army formed the left wing of the advance into Bavaria. The +whole of the French forces were ordered to advance on Vienna, Jourdan on +the extreme left and Moreau in the centre by the Danube valley, +Bonaparte on the right by Italy and Styria. The campaign began +brilliantly, the Austrians under the Archduke Charles being driven back +by Moreau and Jourdan almost to the Austrian frontier. But the archduke, +slipping away from Moreau, threw his whole weight on Jourdan, who was +defeated at Amberg and Würzburg, and forced over the Rhine after a +severe rearguard action, which cost the life of Marceau. Moreau had to +fall back in turn, and, apart from Bonaparte's marvellous campaign in +Italy, the operations of the year were disastrous. The chief cause of +failure was the vicious plan of campaign imposed upon the generals by +their government. Jourdan was nevertheless made the scapegoat of the +government's mistakes and was not employed for two years. In those years +he became prominent as a politician and above all as the framer of the +famous conscription law of 1798. When the war was renewed in 1799 +Jourdan was placed at the head of the army on the Rhine, but again +underwent defeat at the hands of the archduke Charles at Stockach (March +25), and, disappointed and broken in health, handed over the command to +Masséna. He at once resumed his political duties, and was a prominent +opponent of the _coup d'état_ of 18 Brumaire, after which he was +expelled from the Council of the Five Hundred. Soon, however, he became +formally reconciled to the new régime, and accepted from Napoleon fresh +military and civil employment. In 1800 he became inspector-general of +cavalry and infantry and representative of French interests in the +Cisalpine Republic, and in 1804 he was made a marshal of France. He +remained in the new kingdom of Italy until 1806, when Joseph Bonaparte, +whom his brother made king of Naples in that year, selected Jourdan as +his military adviser. He followed Joseph into Spain in the same capacity +in 1808. But Joseph's throne had to be maintained by the French army, +and throughout the Peninsular War the other marshals, who depended +directly upon Napoleon, paid little heed either to Joseph or to Jourdan. +After the battle of Vitoria he held no important command up to the fall +of the Empire. Jourdan gave in his adhesion to the restoration +government of 1814, and though he rejoined Napoleon in the Hundred Days +and commanded a minor army, he submitted to the Bourbons again after +Waterloo. He refused, however, to be a member of the court which tried +Marshal Ney. He was made a count, a peer of France (1819), and governor +of Grenoble (1816). In politics he was a prominent opponent of the +royalist reactionaries and supported the revolution of 1830. After this +event he held the portfolio of foreign affairs for a few days, and then +became governor of the Invalides, where his last years were spent. +Marshal Jourdan died on the 23rd of November 1833, and was buried in the +Invalides. + + He wrote _Opérations de l'armée du Danube_ (1799); _Mémoires pour + servir à l'histoire sur la campagne de 1796_ (1819); and unpublished + personal memoirs. + + + + +JOURNAL (through Fr. from late Lat. _diurnalis_, daily), a daily record +of events or business. A private journal is usually an elaborated diary. +When applied to a newspaper or other periodical the word is strictly +used of one published each day; but any publication issued at stated +intervals, such as a magazine or the record of the transactions of a +learned society, is commonly called a journal. The word "journalist" for +one whose business is writing for the public press (see NEWSPAPERS) +seems to be as old as the end of the 17th century. + +"Journal" is particularly applied to the record, day by day, of the +business and proceedings of a public body. The journals of the British +houses of parliament contain an official record of the business +transacted day by day in either house. The record does not take note of +speeches, though some of the earlier volumes contain references to them. +The journals are a lengthened account written from the "votes and +proceedings" (in the House of Lords called "minutes of the +proceedings"), made day by day by the assistant clerks, and printed on +the responsibility of the clerk to the house, after submission to the +"subcommittee on the journals." In the Commons the journal is passed by +the Speaker before publication. The journals of the House of Commons +begin in the first year of the reign of Edward VI. (1547), and are +complete, except for a short interval under Elizabeth. Those of the +House of Lords date from the first year of Henry VIII. (1509). Before +that date the proceedings in parliament were entered in the rolls of +parliament, which extend from 1278 to 1503. The journals of the Lords +are "records" in the judicial sense, those of the Commons are not (see +Erskine May, _Parliamentary Practice_, 1906, pp. 201-202). + +The term "journal" is used, in business, for a book in which an account +of transactions is kept previous to a transfer to the ledger (see +BOOK-KEEPING), and also as an equivalent to a ship's log, as a record of +the daily run, observations, weather changes, &c. In mining, a journal +is a record describing the various strata passed through in sinking a +shaft. A particular use of the word is that, in machinery, for the parts +of a shaft which are in contact with the bearings; the origin of this +meaning, which is firmly established, has not been explained. + + + + +JOURNEY (through O. Fr. _jornee_ or _journee_, mod. Fr. _journée_, from +med. Lat. _diurnata_, Lat. _diurnus_, of or belonging to _dies_, day), +properly that which occupies a day in its performance, and so a day's +work, particularly a day's travel, and the distance covered by such, +usually reckoned in the middle ages as twenty miles. The word is now +used of travel covering a certain amount of distance or lasting a +certain amount of time, frequently defined by qualifying words. +"Journey" is usually applied to travel by land, as opposed to "voyage," +travel by sea. The early use of "journey" for a day's work, or the +amount produced by a day's work, is still found in glassmaking, and also +at the British Mint, where a "journey" is taken as equivalent to the +coinage of 15 lb. of standard gold, 701 sovereigns, and of 60 lb. of +silver. The term "journeyman" also preserves the original significance +of the word. It distinguishes a qualified workman or mechanic from an +"apprentice" on the one hand and a "master" on the other, and is applied +to one who is employed by another person to work at his trade or +occupation at a day's wage. + + + + +JOUVENET, JEAN (1647-1717), French painter, born at Rouen, came of a +family of artists, one of whom had taught Poussin. He early showed +remarkable aptitude for his profession, and, on arriving in Paris, +attracted the attention of Le Brun, by whom he was employed at +Versailles, and under whose auspices, in 1675, he became a member of the +Académie Royale, of which he was elected professor in 1681, and one of +the four perpetual rectors in 1707. The great mass of works that he +executed, chiefly in Paris, many of which, including his celebrated +Miraculous Draught of Fishes (engraved by Audran; also Landon, +_Annales_, i. 42), are now in the Louvre, show his fertility in +invention and execution, and also that he possessed in a high degree +that general dignity of arrangement and style which distinguished the +school of Le Brun. Jouvenet died on the 5th of April 1717, having been +forced by paralysis during the last four years of his life to work with +his left hand. + + See _Mém. inéd. acad. roy. de p. et de sc._, 1854, and D'Argenville, + _Vies des peintres_. + + + + +JOUY, VICTOR JOSEPH ÉTIENNE DE (1764-1846), French dramatist, was born +at Jouy, near Versailles, on the 12th of September 1764. At the age of +eighteen he received a commission in the army, and sailed for South +America in the company of the governor of Guiana. He returned almost +immediately to France to complete his studies, and re-entered the +service two years later. He was sent to India, where he met with many +romantic adventures which were afterwards turned to literary account. On +the outbreak of the Revolution he returned to France and served with +distinction in the early campaigns, attaining the rank of +adjutant-general. He drew suspicion on himself, however, by refusing to +honour the toast of Marat, and had to fly for his life. At the fall of +the Terror he resumed his commission but again fell under suspicion, +being accused of treasonable correspondence with the English envoy, +James Harris, 1st earl of Malmesbury who had been sent to France to +negotiate terms of peace. He was acquitted of this charge, but, weary of +repeated attacks, resigned his position on the pretext of his numerous +wounds. Jouy now turned his attention to literature, and produced in +1807 with immense success his opera _La vestale_ (music by Spontini). +The piece ran for a hundred nights, and was characterized by the +Institute of France as the best lyric drama of the day. Other operas +followed, but none obtained so great a success. He published in the +_Gazette de France_ a series of satirical sketches of Parisian life, +collected under the title of _L'Ermite de la Chaussée d'Antin, ou +observations sur les moeurs et les usages français au commencement du +xix^e siècle_ (1812-1814, 5 vols.), which was warmly received. In 1821 +his tragedy of _Sylla_ gained a triumph due in part to the genius of +Talma, who had studied the title-rôle from Napoleon. Under the +Restoration Jouy consistently fought for the cause of freedom, and if +his work was overrated by his contemporaries, they were probably +influenced by their respect for the author himself. He died in rooms set +apart for his use in the palace of St Germain-en-Laye on the 4th of +September 1846. + + Out of the long list of his operas, tragedies and miscellaneous + writings may be mentioned, _Fernand Cortez_ (1809), opera, in + collaboration with J. E. Esménard, music by Spontini; _Tippo Saïb_, + tragedy (1813); _Bélisaire_, tragedy (1818); _Les Hermites en prison_ + (1823), written in collaboration with Antoine Jay, like himself a + political prisoner; _Guillaume Tell_ (1829), with Hippolyte Bis, for + the music of Rossini. Jouy was also one of the founders of the + _Biographie nouvelle des contemporains_. + + + + +JOVELLANOS (or JOVE LLANOS), GASPAR MELCHOR DE (1744-1811), Spanish +statesman and author, was born at Gijon in Asturias, Spain, on the 5th +of January 1744. Selecting law as his profession, he studied at Oviedo, +Avila, and Alcalá, and in 1767 became criminal judge at Seville. His +integrity and ability were rewarded in 1778 by a judgeship in Madrid, +and in 1780 by appointment to the council of military orders. In the +capital Jovellanos took a good place in the literary and scientific +societies; for the society of friends of the country he wrote in 1787 +his most valuable work, _Informe sobre un proyecto de ley agraria_. +Involved in the disgrace of his friend, François Cabarrus, Jovellanos +spent the years 1790 to 1797 in a sort of banishment at Gijon, engaged +in literary work and in founding the Asturian institution for +agricultural, industrial, social and educational reform throughout his +native province. This institution continued his darling project up to +the latest hours of his life. Summoned again to public life in 1797, +Jovellanos refused the post of ambassador to Russia, but accepted that +of minister of grace and justice, under "the prince of the peace," whose +attention had been directed to him by Cabarrus, then a favourite of +Godoy. Displeased with Godoy's policy and conduct Jovellanos combined +with his colleague Saavedra to procure his dismissal. Godoy returned to +power in 1798; Jovellanos was again sent to Gijon, but in 1801 was +thrown into prison in Majorca. The revolution of 1808, and the advance +of the French into Spain, set him once more at liberty. Joseph +Bonaparte, on mounting the Spanish throne, made Jovellanos the most +brilliant offers; but the latter, sternly refusing them all, joined the +patriotic party, became a member of the central junta, and contributed +to reorganize the cortes. This accomplished, the junta at once fell +under suspicion, and Jovellanos was involved in its fall. To expose the +conduct of the cortes, and to defend the junta and himself were the last +labours of his pen. In 1811 he was enthusiastically welcomed to Gijon; +but the approach of the French drove him forth again. The vessel in +which he sailed was compelled by stress of weather to put in at Vega in +Asturias, and there he died on the 27th of November 1811. + + The poetical works of Jovellanos comprise a tragedy _El pelayo_, the + comedy _El delincuente honrado_, satires, and miscellaneous pieces, + including a translation of the first book of _Paradise Lost_. His + prose works, especially those on political and legislative economy, + constitute his real title to literary fame. In them depth of thought + and clear-sighted sagacity are couched in a certain Ciceronian + elegance and classical purity of style. Besides the _Ley agraria_ he + wrote _Elogios_; various political and other essays; and _Memorias + politicas_ (1801), suppressed in Spain, and translated into French, + 1825. An edition of his complete works was published at Madrid + (1831-1832) in 7 vols., and another at Barcelona (1839). + + See _Noticias historicas de Don G. M. de Jovellanos_ (1812), and + _Memorias para la vida del Señor ... Jovellanos_, by J. A. C. Bermudez + (1814). + + + + +JOVELLAR Y SOLER, JOAQUIN (1819-1892), captain-general of Spain, was +born at Palma de Mallorca, on the 28th of December 1819. At the close of +his studies at the military academy he was appointed sub-lieutenant, +went to Cuba as captain in 1842, returned to the War Office in 1851, was +promoted major in 1853, and went to Morocco as private secretary to +Marshal O'Donnell, who made him colonel in 1860 after Jovellar had been +wounded at the battle of Wad el Ras. In 1863 Jovellar became a +brigadier-general, in 1864 under-secretary for war; he was severely +wounded in fighting the insurgents in the streets of Madrid, and rose to +the rank of general of division in 1866. Jovellar adhered to the +revolution, and King Amadeus made him a lieutenant-general in 1872. He +absented himself from Spain when the federal republic was proclaimed, +and returned in the autumn of 1873, when Castelár sent him to Cuba as +governor-general. In 1874 Jovellar came back to the Peninsula, and was +in command of the Army of the Centre against the Carlists when Marshal +Campos went to Sagunto to proclaim Alfonso XII. General Jovellar became +war minister in the first cabinet of the restoration under Canovas, who +sent him to Cuba again as governor-general, where he remained until the +18th of June 1878, when the ten years' insurrection closed with the +peace of Zaujon. Alfonso XII. made him a captain-general, president of +the council, life-senator, and governor-general of the Philippines. +Jovellar died in Madrid on the 17th of April 1892. + + + + +JOVIAN (FLAVIUS JOVIANUS) (c. 332-364), Roman emperor from June 363 to +February 364, was born at Singidunum in Moesia about 332. As captain of +the imperial bodyguard he accompanied Julian in his Persian expedition; +and on the day after that emperor's death, when the aged Sallust, +prefect of the East, declined the purple, the choice of the army fell +upon Jovian. His election caused considerable surprise, and it is +suggested by Ammianus Marcellinus that he was wrongly identified with +another Jovian, chief notary, whose name also had been put forward, or +that, during the acclamations, the soldiers mistook the name Jovianus +for Julianus, and imagined that the latter had recovered from his +illness. Jovian at once continued the retreat begun by Julian, and, +continually harassed by the Persians, succeeded in reaching the banks of +the Tigris, where a humiliating treaty was concluded with the Persian +king, Shapur II. (q.v.). Five provinces which had been conquered by +Galerius in 298 were surrendered, together with Nisibis and other +cities. The Romans also gave up all their interests in the kingdom of +Armenia, and abandoned its Christian prince Arsaces to the Persians. +During his return to Constantinople Jovian was found dead in his bed at +Dadastana, halfway between Ancyra and Nicaea. A surfeit of mushrooms or +the fumes of a charcoal fire have been assigned as the cause of death. +Under Jovian, Christianity was established as the state religion, and +the Labarum of Constantine again became the standard of the army. The +statement that he issued an edict of toleration, to the effect that, +while the exercise of magical rites would be severely punished, his +subjects should enjoy full liberty of conscience, rests on insufficient +evidence. Jovian entertained a great regard for Athanasius, whom he +reinstated on the archiepiscopal throne, desiring him to draw up a +statement of the Catholic faith. In Syriac literature Jovian became the +hero of a Christian romance (G. Hoffmann, _Julianus der Abtrünnige_, +1880). + + See Ammianus Marcellinus, xxv. 5-10; J. P. de la Bléterie, _Histoire + de Jovien_ (1740); Gibbon, _Decline and Fall_, chs. xxiv., xxv.; J. + Wordsworth in Smith and Wace's _Dictionary of Christian Biography_; H. + Schiller, _Geschichte der römischen Kaiserzeit_, vol. ii. (1887); A. + de Broglie, _L'Église et l'empire romain au iv^e siècle_ (4th ed. + 1882). For the relations of Rome and Persia see PERSIA: _Ancient + History_. + + + + + +JOVINIANUS, or JOVIANUS, a Roman monk of heterodox views, who flourished +during the latter half of the 4th century. All our knowledge of him is +derived from a passionately hostile polemic of Jerome (_Adv. Jovinianum, +Libri II._), written at Bethlehem in 393, and without any personal +acquaintance with the man assailed. According to this authority Jovinian +in 388 was living at Rome the celibate life of an ascetic monk, +possessed a good acquaintance with the Bible, and was the author of +several minor works, but, undergoing an heretical change of view, +afterwards became a self-indulgent Epicurean and unrefined sensualist. +The views which excited this denunciation were mainly these: (1) +Jovinian held that in point of merit, so far as their domestic state was +concerned, virgins, widows and married persons who had been baptized +into Christ were on a precisely equal footing; (2) those who with full +faith have been regenerated in baptism cannot be overthrown (or, +according to another reading, tempted) of the devil; (3) to abstain from +meats is not more praiseworthy than thankfully to enjoy them; (4) all +who have preserved their baptismal grace shall receive the same reward +in the kingdom of heaven.[1] Jovinian thus indicates a natural and +vigorous reaction against the exaggerated asceticism of the 4th century, +a protest shared by Helvidius and Vigilantius. He was condemned by a +Roman synod under Bishop Siricius in 390, and afterwards excommunicated +by another at Milan under the presidency of Ambrose. The year of his +death is unknown, but he is referred to as no longer alive in Jerome's +_Contra Vigilantium_ (406). + + +FOOTNOTE: + + [1] See, more fully, Harnack, _Hist. of Dogma_, v. 57. + + + + +JOVIUS, PAULUS, or PAOLO GIOVIO (1483-1552), Italian historian and +biographer, was born of an ancient and noble family at Como on the 19th +of April 1483. His father died when he was a child, and Giovio owed his +education to his brother Benedetto. After studying the humanities, he +applied himself to medicine and philosophy at his brother's request. He +was Pomponazzi's pupil at Padua; and afterwards he took a medical degree +in the university of Pavia. He exercised the medical profession in Rome, +but the attraction of literature proved irresistible for Giovio, and he +was bent upon becoming the historian of his age. He presented a portion +of his history to Leo X., who read the MS., and pronounced it superior +in elegance to anything since Livy. Thus encouraged, Giovio took up his +residence in Rome, and attached himself to Cardinal Giulio de' Medici, +the pope's nephew. The next pope, Adrian VI., gave him a canonry in +Como, on the condition, it is said, that Giovio should mention him with +honour in his history. This patronage from a pontiff who was averse from +the current tone of Italian humanism proves that Giovio at this period +passed for a man of sound learning and sober manners. After Adrian's +death, Giulio de' Medici became pope as Clement VII. and assigned him +chambers in the Vatican, with maintenance for servants befitting a +courtier of rank. In addition to other benefices, he finally, in 1528, +bestowed on him the bishopric of Nocera. Giovio had now become in a +special sense dependent on the Medici. He was employed by that family on +several missions--as when he accompanied Ippolito to Bologna on the +occasion of Charles V.'s coronation, and Caterina to Marseilles before +her marriage to the duke of Orleans. During the siege of Rome in 1527 he +attended Clement in his flight from the Vatican. While crossing the +bridge which connected the palace with the castle of S. Angelo, Giovio +threw his mantle over the pope's shoulders in order to disguise his +master. + + In the sack he suffered a serious pecuniary and literary loss, if we + may credit his own statement. The story runs that he deposited the MS. + of his history, together with some silver, in a box at S. Maria Sopra + Minerva for safety. This box was discovered by two Spaniards, one of + whom secured the silver, while the other, named Herrera, knowing who + Giovio was, preferred to hold the MSS. for ransom. Herrera was so + careless, however, as to throw away the sheets he found in paper, + reserving only that portion of the work which was transcribed on + parchment. This he subsequently sold to Giovo in exchange for a + benifice at Cordova, which Clement VII. conceded to the Spaniard. Six + books of the history were lost in this transaction. Giovo contented + himself with indicating their substance in a summary. Perhaps he was + not unwilling that his work should resemble that of Livy, even in its + imperfection. But doubt rests upon the whole of this story. Apostolo + Zeno affirms that in the middle of the last century three of the + missing books turned up among family papers in the possession of Count + Giov. Batt. Giovio, who wrote a panegyric on his ancestor. It is + therefore not improbable that Giovio possessed his history intact, but + preferred to withhold from publication those portions which might have + involved him in difficulties with living persons of importance. The + omissions were afterwards made good by Curtio Marinello in the Italian + edition, published at Venice in 1581. But whether Marinello was the + author of these additions is not known. + +After Clement's death Giovio found himself out of favour with the next +pope, Paul III. The failure of his career is usually ascribed to the +irregularity of the life he led in the literary society of Rome. We may +also remember that Paul had special causes for animosity against the +Medici, whose servant Giovio had been. Despairing of a cardinal's hat, +Giovio retired to his villa on the lake of Como, where he spent the +wealth he had acquired from donations and benefices in adorning his +villa with curiosities, antiquities and pictures, including a very +important collection of portraits of famous soldiers and men of letters, +now almost entirely dispersed. He died upon a visit to Florence in 1552. + + Giovio's principal work was the _History of His Own Times_, from the + invasion of Charles VIII. to the year 1547. It was divided into two + parts, containing altogether forty-five books. Of these, books v.-xi. + of part i. were said by him to have been lost in the sack of Rome, + while books xix.-xxiv. of part ii., which should have embraced the + period from the death of Leo to the sack, were never written. Giovio + supplied the want of the latter six books by his lives of Leo, Adrian, + Alphonso I. of Ferrara, and several other personages of importance. + But he alleged that the history of that period was too painful to be + written in full. His first published work, printed in 1524 at Rome, + was a treatise _De piscibus romanis_. After his retirement to Como he + produced a valuable series of biographies, entitled _Elogia virorum + illustrium_. They commemorate men distinguished for letters and arms, + selected from all periods, and are said to have been written in + illustration of portraits collected by him for the museum of his villa + at Como. Besides these books, we may mention a biographical history of + the Visconti, lords of Milan; an essay on mottoes and badges; a + dissertation on the state of Turkey; a large collection of familiar + epistles; together with descriptions of Britain, Muscovy, the Lake of + Como and Giovio's own villa. The titles of these miscellanies will be + found in the bibliographical note appended to this article. + +Giovio preferred Latin in the composition of his more important works. +Though contemporary with Machiavelli, Guicciardini and Varchi, he +adhered to humanistic usages, and cared more for the Latinity than for +the matter of his histories. His style is fluent and sonorous rather +than pointed or grave. Partly owing to the rhetorical defects inherent +in this choice of Latin, when Italian had gained the day, but more to +his own untrustworthy and shallow character, Giovio takes a lower rank +as historian than the bulk and prestige of his writings would seem to +warrant. He professed himself a flatterer and a lampooner, writing +fulsome eulogies on the princes who paid him well, while he ignored or +criticized those who proved less generous. The old story that he said he +kept a golden and an iron pen, to use according as people paid him, +condenses the truth in epigram. His private morals were of a dubious +character, and as a writer he had the faults of the elder humanists, in +combination with that literary cynicism which reached its height in +Aretino; and therefore his histories and biographical essays are not to +be used as authorities, without corroboration. Yet Giovio's works, taken +in their entirety and with proper reservation, have real value. To the +student of Italy they yield a lively picture of the manners and the +feeling of the times in which he lived, and in which he played no +obscure part. They abound in vivid sketches, telling anecdotes, fugitive +comments, which unite a certain charm of autobiographical romance with +the worldly wisdom of an experienced courtier. A flavour of personality +makes them not unpleasant reading. While we learn to despise and +mistrust the man in Giovio, we appreciate the author. It would not be +too far-fetched to describe him as a sort of 16th-century Horace +Walpole. + + BIBLIOGRAPHY.--The sources of Giovio's biography are: his own works; + Tiraboschi's _History of Italian Literature_; Litta's _Genealogy of + Illustrious Italian Families_; and Giov. Batt. Giovio's _Uomini + illustri della diocesi Comasca_, Modena (1784). Cicogna, in his _Delle + inscrizioni Veneziane raccolta_ (Venice, 1830), gives a list of + Giovio's works, from which the following notices are extracted: 1. + Works in Latin: (1) _Pauli Jovii historiarum sui temporis, ab anno + 1494 ad an. 1547_ (Florence 1550-1552), the same translated into + Italian by L. Domenichi, and first published at Florence (1551), + afterwards at Venice; (2) _Leonis X., Hadriani VI., Pompeii Columnae + Card., vitae_ (Florence, 1548), translated by Domenichi (Florence, + 1549); (3) _Vitae XII. vicecomitum Mediolani principum_ (Paris, 1549), + translated by Domenichi (Venice, 1549); (4) _Vita Sfortiae clariss. + ducis_ (Rome, 1549), translated by Domenichi (Florence, 1549); (5) + _Vita Fr. Ferd. Davali_ (Florence, 1549), translated by Domenichi + (ibid. 1551); (6) _Vita magni Consalvi_ (ibid. 1549), translated by + Domenichi (ibid. 1550); (7) _Alfonsi Atestensi_, &c. (ibid. 1550), + Italian translation by Giov. Batt. Gelli (Florence, 1553); (8) _Elogia + virorum bellica virtute illustrium_ (ibid. 1551), translated by + Domenichi (ibid. 1554); (9) _Elogia clarorum virorum_, &c. (Venice, + 1546) (these are biographies of men of letters), translated by + Hippolito Orio of Ferrara (Florence, 1552); (10) _Libellus de + legatione Basilii Magni principis Moscoviae_ (Rome, 1525); (11) + _Descriptio Larii Lacus_ (Venice, 1559); (12) _Descriptio Britanniae_, + &c. (Venice, 1548); (13) _De piscibus romanis_ (Rome, 1524); (14) + _Descriptiones quotquot extant regionum atque locorum_ (Basel, 1571). + 2. Works in Italian: (1) _Dialogo delle imprese militari et amorose_ + (Rome, 1555); (2) _Commentarî delle cose dei Turchi_ (Venice, 1541); + (3) _Lettere volgari_ (Venice, 1560). Some minor works and numerous + reprints of those cited have been omitted from this list; and it + should also be mentioned that some of the lives with additional + matter, are included in the _Vitae illustrium virorum_ (Basel, 1576). + (J. A. S.) + + The best and most complete edition of Giovio's works is that of Basel + (1678). For his life see Giuseppe Sanesi, "Alcuni osservazioni e + notizie intorno a tre storici minori del cinquecento--Giovio; Nerli, + Segni" (in _Archivio Storico Italiano_, 5th series, vol. xxiii.); Eug. + Müntz, _Sul museo di ritratti composto da Paolo Giovio_ (ibid., vol. + xix.). + + + + +JOWETT, BENJAMIN (1817-1893), English scholar and theologian, master of +Balliol College, Oxford, was born in Camberwell on the 15th of April +1817. His father was one of a Yorkshire family who, for three +generations, had been supporters of the Evangelical movement in the +Church of England. His mother was a Langhorne, in some way related to +the poet and translator of Plutarch. At twelve the boy was placed on the +foundation of St Paul's School (then in St Paul's Churchyard), and in +his nineteenth year he obtained an open scholarship at Balliol. In 1838 +he gained a fellowship, and graduated with first-class honours in 1839. +Brought up amongst pious Evangelicals, he came to Oxford at the height +of the Tractarian movement, and through the friendship of W. G. Ward was +drawn for a time in the direction of High Anglicanism; but a stronger +and more lasting influence was that of the Arnold school, represented by +A. P. Stanley. Jowett was thus led to concentrate his attention on +theology, and in the summers of 1845 and 1846, spent in Germany with +Stanley, he became an eager student of German criticism and speculation. +Amongst the writings of that period he was most impressed by those of F. +C. Baur. But he never ceased to exercise an independent judgment, and +his work on St Paul, which appeared in 1855, was the result of much +original reflection and inquiry. He was appointed to the Greek +professorship in the autumn of that year. He had been a tutor of Balliol +and a clergyman since 1842, and had devoted himself to the work of +tuition with unexampled zeal. His pupils became his friends for life. He +discerned their capabilities, studied their characters, and sought to +remedy their defects by frank and searching criticism. Like another +Socrates, he taught them to know themselves, repressing vanity, +encouraging the despondent, and attaching all alike by his unobtrusive +sympathy. This work gradually made a strong impression, and those who +cared for Oxford began to speak of him as "the great tutor." As early as +1839 Stanley had joined with Tait, the future archbishop, in advocating +certain university reforms. From 1846 onwards Jowett threw himself into +this movement, which in 1848 became general amongst the younger and more +thoughtful fellows, until it took effect in the commission of 1850 and +the act of 1854. Another educational reform, the opening of the Indian +civil service to competition, took place at the same time, and Jowett +was one of the commission. He had two brothers who served and died in +India, and he never ceased to take a deep and practical interest in +Indian affairs. A great disappointment, his repulse for the mastership +of Balliol, also in 1854, appears to have roused him into the completion +of his book on _The Epistles of St Paul_. This work, described by one of +his friends as "a miracle of boldness," is full of originality and +suggestiveness, but its publication awakened against him a storm of +theological prejudice, which followed him more or less through life. +Instead of yielding to this, he joined with Henry Bristowe Wilson and +Rowland Williams, who had been similarly attacked, in the production of +the volume known as _Essays and Reviews_. This appeared in 1860 and gave +rise to a strange outbreak of fanaticism. Jowett's loyalty to those who +were prosecuted on this account was no less characteristic than his +persistent silence while the augmentation of his salary as Greek +professor was withheld. This petty persecution was continued until 1865, +when E. A. Freeman and Charles Elton discovered by historical research +that a breach of the conditions of the professorship had occurred, and +Christ Church raised the endowment from £40 a year to £500. Meanwhile +Jowett's influence at Oxford had steadily increased. It culminated in +1864, when the country clergy, provoked by the final acquittal of the +essayists, had voted in convocation against the endowment of the Greek +chair. Jowett's pupils, who were now drawn from the university at large, +supported him with the enthusiasm which young men feel for the victim of +injustice. In the midst of other labours Jowett had been quietly +exerting his influence so as to conciliate all shades of liberal +opinion, and bring them to bear upon the abolition of the theological +test, which was still required for the M.A. and other degrees, and for +university and college offices. He spoke at an important meeting upon +this question in London on the 10th of June 1864, which laid the ground +for the University Tests Act of 1871. In connexion with the Greek +professorship Jowett had undertaken a work on Plato which grew into a +complete translation of the _Dialogues_, with introductory essays. At +this he laboured in vacation time for at least ten years. But his +interest in theology had not abated, and his thoughts found an outlet in +occasional preaching. The university pulpit, indeed, was closed to him, +but several congregations in London delighted in his sermons, and from +1866 until the year of his death he preached annually in Westminster +Abbey, where Stanley had become dean in 1863. Three volumes of selected +sermons have been published since his death. The years 1865-1870 were +occupied with assiduous labour. Amongst his pupils at Balliol were men +destined to high positions in the state, whose parents had thus shown +their confidence in the supposed heretic, and gratitude on this account +was added to other motives for his unsparing efforts in tuition. In +1870, by an arrangement which he attributed to his friend Robert Lowe, +afterwards Lord Sherbrooke (at that time a member of Gladstone's +ministry), Scott was promoted to the deanery of Rochester and Jowett was +elected to the vacant mastership by the fellows of Balliol. From the +vantage-ground of this long-coveted position the _Plato_ was published +in 1871. It had a great and well-deserved success. While scholars +criticized particular renderings (and there were many small errors to be +removed in subsequent editions), it was generally agreed that he had +succeeded in making Plato an English classic. + +If ever there was a beneficent despotism, it was Jowett's rule as +master. Since 1866 his authority in Balliol had been really paramount, +and various reforms in college had been due to his initiative. The +opposing minority were now powerless, and the younger fellows who had +been his pupils were more inclined to follow him than others would have +been. There was no obstacle to the continued exercise of his firm and +reasonable will. He still knew the undergraduates individually, and +watched their progress with a vigilant eye. His influence in the +university was less assured. The pulpit of St Mary's was no longer +closed to him, but the success of Balliol in the schools gave rise to +jealousy in other colleges, and old prejudices did not suddenly give +way; while a new movement in favour of "the endowment of research" ran +counter to his immediate purposes. Meanwhile, the tutorships in other +colleges, and some of the headships also, were being filled with Balliol +men, and Jowett's former pupils were prominent in both houses of +parliament and at the bar. He continued the practice, which he had +commenced in 1848, of taking with him a small party of undergraduates in +vacation time, and working with them in one of his favourite haunts, at +Askrigg in Wensleydale, or Tummel Bridge, or later at West Malvern. The +new hall (1876), the organ there, entirely his gift (1885), and the +cricket ground (1889), remain as external monuments of the master's +activity. Neither business nor the many claims of friendship interrupted +literary work. The six or seven weeks of the long vacation, during which +he had pupils with him, were mainly employed in writing. The translation +of Aristotle's _Politics_, the revision of Plato, and, above all, the +translation of Thucydides many times revised, occupied several years. +The edition of the _Republic_, undertaken in 1856, remained unfinished, +but was continued with the help of Professor Lewis Campbell. Other +literary schemes of larger scope and deeper interest were long in +contemplation, but were not destined to take effect--an _Essay on the +Religions of the World, a Commentary on the Gospels_, a _Life of +Christ_, a volume on _Moral Ideas_. Such plans were frustrated, not only +by his practical avocations, but by his determination to finish what he +had begun, and the fastidious self-criticism which it took so long to +satisfy. The book on Morals might, however, have been written but for +the heavy burden of the vice-chancellorship, which he was induced to +accept in 1882, by the hope, only partially fulfilled, of securing many +improvements for the university. The vice-chancellor was _ex officio_ a +delegate of the press, where he hoped to effect much; and a plan for +draining the Thames Valley, which he had now the power of initiating, +was one on which his mind had dwelt for many years. The exhausting +labours of the vice-chancellorship were followed by an illness (1887); +and after this he relinquished the hope of producing any great original +writing. His literary industry was thenceforth confined to his +commentary on the _Republic_ of Plato, and some essays on Aristotle +which were to have formed a companion volume to the translation of the +_Politics_. The essays which should have accompanied the translation of +Thucydides were never written. Jowett, who never married, died on the +1st of October 1893. The funeral was one of the most impressive ever +seen in Oxford. The pall-bearers were seven heads of colleges and the +provost of Eton, all old pupils. + +Theologian, tutor, university reformer, a great master of a college, +Jowett's best claim to the remembrance of succeeding generations was his +greatness as a moral teacher. Many of the most prominent Englishmen of +the day were his pupils and owed much of what they were to his precept +and example, his penetrative sympathy, his insistent criticism, and his +unwearying friendship. Seldom have ideal aims been so steadily pursued +with so clear a recognition of practical limitations. Jowett's +theological work was transitional, and yet has an element of permanence. +As has been said of another thinker, he was "one of those deeply +religious men who, when crude theological notions are being revised and +called in question seek to put new life into theology by wider and more +humane ideas." In earlier life he had been a zealous student of Kant and +Hegel, and to the end he never ceased to cultivate the philosophic +spirit; but he had little confidence in metaphysical systems, and sought +rather to translate philosophy into the wisdom of life. As a classical +scholar, his scorn of littlenesses sometimes led him into the neglect of +_minutiae_, but he had the higher merit of interpreting ideas. His place +in literature rests really on the essays in his Plato. When their merits +are fully recognized, it will be found that his worth, as a teacher of +his countrymen, extends far beyond his own generation. + + See _The Life and Letters of Benjamin Jowett_, by E. A. Abbott and + Lewis Campbell (1897); _Benjamin Jowett_, by Lionel Tollemache (1895). + (L. C.) + + + + +JOYEUSE, a small town in the department of Ardèche, France, situated on +the Baume, a tributary of the Ardèche, is historically important as +having been the seat of a noble French family which derived its name +from it. The lordship of Joyeuse came, in the 13th century, into the +possession of the house of Châteauneuf-Randon, and was made into a +viscountship in 1432. Guillaume, viscount of Joyeuse, was bishop of +Alet, but afterwards left the church, and became a marshal of France; he +died in 1592. His eldest son Anne de Joyeuse (1561-1587), was one of the +favourites of Henry III. of France, who created him duke and peer +(1581), admiral of France (1582), and governor of Normandy (1586), and +married him to Marguerite de Lorraine-Vaudémont, younger sister of the +queen. He gained several successes against the Huguenots, but was +recalled by court intrigues at an inopportune moment, and when he +marched a second time against Henry of Navarre he was defeated and +killed at Coutras. Guillaume had three other sons: François de Joyeuse +(d. 1615), cardinal and archbishop of Narbonne, Toulouse and Rouen, who +brought about the reconciliation of Henry IV. with the pope; Henri, +count of Bouchage, and later duke of Joyeuse, who first entered the +army, then became a Capuchin under the name of Père Ange, left the +church and became a marshal of France, and finally re-entered the +church, dying in 1608; Antoine Scipion, grand prior of Toulouse in the +order of the knights of Malta, who was one of the leaders in the League, +and died in the retreat of Villemur (1592). Henriette Catherine de +Joyeuse, daughter of Henri, married in 1611 Charles of Lorraine, duke of +Guise, to whom she brought the duchy of Joyeuse. On the death of her +great-grandson, François Joseph de Lorraine, duke of Guise, in 1675, +without issue, the duchy of Joyeuse was declared extinct, but it was +revived in 1714, in favour of Louis de Melun, prince of Épinoy. + (M. P.*) + + + + +JOYEUSE ENTRÉE, a famous charter of liberty granted to Brabant by Duke +John III. in 1354. John summoned the representatives of the cities of +the duchy to Louvain to announce to them the marriage of his daughter +and heiress Jeanne of Brabant to Wenceslaus duke of Luxemburg, and he +offered them liberal concessions in order to secure their assent to the +change of dynasty. John III. died in 1355, and Wenceslaus and Jeanne on +the occasion of their state entry into Brussels solemnly swore to +observe all the provisions of the charter, which had been drawn up. From +the occasion on which it was first proclaimed this charter has since +been known in history as _La Joyeuse Entrée_. By this document the dukes +of Brabant undertook to maintain the integrity of the duchy, and not to +wage war, make treaties, or impose taxes without the consent of their +subjects, as represented by the municipalities. All members of the +duke's council were to be native-born Brabanters. This charter became +the model for other provinces and the bulwark of the liberties of the +Netherlands. Its provisions were modified from time to time, but +remained practically unchanged from the reign of Charles V. onwards. The +ill-advised attempt of the emperor Joseph II. in his reforming zeal to +abrogate the _Joyeuse Entrée_ caused a revolt in Brabant, before which +he had to yield. + + See E. Poullet, _La Joyeuse entrée, ou constitution Brabançonne_ + (1862). + + + + +JUAN FERNANDEZ ISLANDS, a small group in the South Pacific Ocean, +between 33° and 34° S., 80° W., belonging to Chile and included in the +province of Valparaiso. The main island is called _Mas-a-Tierra_ (Span. +"more to land") to distinguish it from a smaller island, _Mas-a-Fuera_ +("more to sea"), 100 m. farther west. Off the S.W. of Mas-a-Tierra lies +the islet of Santa Clara. The aspect of Mas-a-Tierra is beautiful; only +13 m. in length by 4 in width, it consists of a series of precipitous +rocks rudely piled into irregular blocks and pinnacles, and strongly +contrasting with a rich vegetation. The highest of these, 3225 ft., is +called, from its massive form, El Yunque (the anvil). The rocks are +volcanic. Cumberland Bay on the north side is the only fair anchorage, +and even there, from the great depth of water, there is some risk. A +wide valley collecting streams from several of the ravines on the north +side of the island opens into Cumberland Bay, and is partially enclosed +and cultivated. The inhabitants number only some twenty. + + The flora and fauna of Juan Fernandez are in most respects Chilean. + There are few trees on the island, for most of the valuable indigenous + trees have been practically exterminated, such as the sandalwood, + which the earlier navigators found one of the most valuable products + of the island. Ferns are prominent among the flora, about one-third of + which consists of endemic species. There are no indigenous land + mammals. Pigs and goats, however, with cattle, horses, asses and dogs, + have been introduced, have multiplied, and in considerable numbers run + wild. Sea-elephants and fur-seals were formerly plentiful. Of birds, + a tyrant and a humming-bird (_Eustephanus fernandensis_) are peculiar + to the group, while another humming bird (_E. galerites_), a thrush, + and some birds of prey also occur in Chile. _E. fernandensis_ has the + peculiarity that the male is of a bright cinnamon colour, while the + female is green. Both sexes are green in _E. galerites_. + +Juan Fernandez was discovered by a Spanish pilot of that name in 1563. +Fernandez obtained from the Spanish government a grant of the islands, +where he resided for some time, stocking them with goats and pigs. He +soon, however, appears to have abandoned his possessions, which were +afterwards for many years only visited occasionally by fishermen from +the coasts of Chile and Peru. In 1616 Jacob le Maire and Willem Cornelis +Schouten called at Juan Fernandez for water and fresh provisions. Pigs +and goats were then abundant on the islands. In February 1700 Dampier +called at Juan Fernandez and while there Captain Straddling of the +"Cinque Porte" galley quarrelled with his men, forty-two of whom +deserted but were afterwards taken on board by Dampier; five seamen, +however, remained on shore. Other parties had previously colonized the +islands but none had remained permanently. In October 1704 the "Cinque +Porte" returned and found two of these men, the others having been +apparently captured by the French. On this occasion Straddling +quarrelled with Alexander Selkirk (q.v.), who, at his own request, +became the island's most famous colonist, for his adventures are +commonly believed to have inspired Daniel Defoe's _Robinson Crusoe_. +Among later visits, that of Commodore Anson, in the "Centurion" (June +1741) led, on his return home, to a proposal to form an English +settlement on Juan Fernandez; but the Spaniards, hearing that the matter +had been mooted in England, gave orders to occupy the island, and it was +garrisoned accordingly in 1750. Philip Carteret first observed this +settlement in May 1767, and on account of the hostility of the Spaniards +preferred to put in at Masa-Fuera. After the establishment of the +independence of Chile at the beginning of the 19th century, Juan +Fernandez passed into the possession of that country. On more than one +occasion before 1840 Mas-a-Tierra was used as a state prison by the +Chilean government. + + + + +JUANGS (Patuas, literally "leaf-wearers"), a jungle tribe of Orissa, +India. They are found in only two of the tributary states, Dhenkanal and +Keonjhar, most of them in the latter. They are estimated to amount in +all to about 10,000. Their language belongs to the Munda family. They +have no traditions which connect them with any other race, and they +repudiate all connexion with the Hos or the Santals, declaring +themselves the aborigines. They say the headquarters of the tribe is the +Gonasika. In manners they are among the most primitive people of the +world, representing the Stone age in our own day. They do not till the +land, but live on the game they kill or on snakes and vermin. Their huts +measure about 6 ft. by 8 ft., with very low doorways. The interior is +divided into two compartments. In the first of these the father and all +the females of a family huddle together; the second is used as a +store-room. The boys have a separate hut at the entrance to the village, +which serves as a guest-house and general assembly place where the +musical instruments of the village are kept. Physically they are small +and weak-looking, of a reddish-brown colour, with flat faces, broad +noses with wide nostrils, large mouths and thick lips, the hair coarse +and frizzly. The women until recently wore nothing but girdles of +leaves, the men, a diminutive bandage of cloth. The Juangs declare that +the river goddess, emerging for the first time from the Gonasika rock, +surprised a party of naked Juangs dancing, and ordered them to wear +leaves, with the threat that they should die if they ever gave up the +custom. The Juangs' weapons are the bow and arrow and a primitive sling +made entirely of cord. Their religion is a vague belief in forest +spirits. They offer fowls to the sun when in trouble and to the earth +for a bountiful harvest. Polygamy is rare. They burn their dead and +throw the ashes into any running stream. The most sacred oaths a Juang +can take are those on an ant-hill or a tiger-skin. + + See E. W. Dalton, _Descriptive Ethnology of Bengal_ (1872). + + + + +JUAN MANUEL, DON (1282-1349), infante of Castile, son of the infante Don +Manuel and Beatrix of Savoy, and grandson of St Ferdinand, was born at +Escalona on the 5th of May 1282. His father died in 1284, and the young +prince was educated at the court of his cousin, Sancho IV., with whom +his precocious ability made him a favourite. In 1294 he was appointed +_adelantado_ of Murcia and in his fourteenth year served against the +Moors at Granada. In 1304 he was entrusted by the queen-mother, Doña +Maria de Molina, to conduct political negotiations with James II. of +Aragon on behalf of her son, Ferdinand IV., then under age. His +diplomacy was successful and his marriage to James II.'s daughter, +Constantina, added to his prestige. On the death of Ferdinand IV. and of +the regents who governed in the name of Alphonso XI., Don Juan Manuel +acted as guardian of the king who was proclaimed of age in 1325. His +ambitious design of continuing to exercise the royal power was defeated +by Alphonso XI., who married the ex-regent's daughter Constanza, and +removed his father-in-law from the scene by nominating him _adelantado +mayor de la frontera_. Alphonso XI.'s repudiation of Constanza, whom he +imprisoned at Toro, drove Don Juan Manuel into opposition, and a long +period of civil war followed. On the death of his wife Constantina in +1327, Don Juan Manuel strengthened his position by marrying Doña Blanca +de la Cerda; he secured the support of Juan Nuñez, _alférez_ of Castile, +by arranging a marriage between him and Maria, daughter of Don Juan el +Tuerto; he won over Portugal by promising the hand of his daughter, the +ex-queen Constanza, to the infante of that kingdom, and he entered into +alliance with Mahomet III. of Granada. This formidable coalition +compelled Alphonso XI. to sue for terms, which he accepted in 1328 +without any serious intention of complying with them; but he was +compelled to release Doña Constanza. War speedily broke out anew, and +lasted till 1331 when Alphonso XI. invited Juan Manuel and Juan Nuñez to +a banquet at Villahumbrales with the intention, it was believed, of +assassinating them; the plot failed, and Don Juan Manuel joined forces +with Peter IV. of Aragon. He was besieged by Alphonso XI. at +Garci-Nuñez, whence he escaped on the 30th of July 1336, fled into +exile, and kept the rebellion alive till 1338, when he made his peace +with the king. He proved his loyalty by serving in further expeditions +against the Moors of Granada and Africa, and died a tranquil death in +the first half of 1349. + +Distinguished as an astute politician, Don Juan Manuel is an author of +the highest eminence, and, considering the circumstances of his stormy +life, his voluminousness is remarkable. The _Libro de los sabios_, a +treatise called _Engeños de Guerra_ and the _Libro de cantares_, a +collection of verses, were composed between 1320 and 1327; but they have +disappeared together with the _Libro de la caballería_ (written during +the winter of 1326), and the _Reglas como se debe trovar_, a metrical +treatise assigned to 1328-1334. Of his surviving writings, Juan Manuel's +_Crónica abreviada_ was compiled between 1319 and 1325, while the _Libro +de la caza_ must have been written between 1320 and 1329; and during +this period of nine years the _Crónica de España_, the _Crónica +complida_, and the _Tratado sobre las armas_ were produced. The _Libro +del caballero et del escudero_ was finished before the end of 1326; the +first book of the _Libro de los estados_ was finished on the 22nd of May +1330, while the second was begun five days later; the first book of _El +Conde Lucanor_ was written in 1328, the second in 1330, and the fourth +is dated 12th of June 1335. We are unable to assign to any precise date +the devout _Tractado_ on the Virgin, dedicated to the prior of the +monastery at Peñafiel, to which Don Juan Manuel bequeathed his +manuscripts; but it seems probable that the _Libro de los frailes +predicadores_ is slightly later than the _Libro de los estados_; that +the _Libro de los castigos_ (left unfinished, and therefore known by the +alternative title of _Libro infinido_) was written not later than 1333, +and that the treatise _De las maneras de amor_ was composed between 1334 +and 1337. + +The historical summaries, pious dissertations and miscellaneous writings +are of secondary interest. The _Libro del caballero et del escudero_ is +on another plane; it is no doubt suggested by Lull's _Libre del orde de +cavalleria_, but the points of resemblance have been exaggerated; the +morbid mysticism of Lull is rejected, and the carefully finished style +justifies the special pride which the author took in this performance. +The influence of Lull's Blanquerna is likewise visible in the _Libro de +los estados_; but there are marked divergences of substance which go to +prove Don Juan Manuel's acquaintance with some version (not yet +identified) of the Barlaam and Josaphat legend. Nothing is more striking +than the curious and varied erudition of the turbulent prince who weaves +his personal experiences with historical or legendary incidents, with +reminiscences of Aesop and Phaedrus, with the _Disciplina clericalis_, +with _Kalilah and Dimnah_, with countless Oriental traditions, and with +all the material of anecdotic literature which he embodies in the _Libro +de patronio_, best known by the title of _El Conde Lucanor_ (the name +Lucanor being taken from the prose _Tristan_). This work (also entitled +the _Libro de enxemplos_) was first printed by Gonzalo Argote de Molina +at Seville in 1575, and it revealed Don Juan Manuel as a master in the +art of prose composition, and as the predecessor of Boccaccio in the +province of romantic narrative. The _Cento novelle antiche_ are earlier +in date, but these anonymous tales, derived from popular stories +diffused throughout the world, lack the personal character which Don +Juan lends to all he touches. They are simple, unadorned variants of +folk-lore items; _El Conde Lucanor_ is essentially the production of a +conscious artist, deliberative and selective in his methods. Don Juan +Manuel has not Boccaccio's festive fancy nor his constructive skill; he +is too persistently didactic and concerned to point a moral; but he +excels in knowledge of human nature, in the faculty of ironical +presentation, in tolerant wisdom and in luminous conciseness. He +naturalizes the Eastern apologue in Spain, and by the laconic +picturesqueness of his expression imports a new quality into Spanish +prose which attains its full development in the hands of Juan de Valdés +and Cervantes. Some of his themes are utilized for dramatic purposes by +Lope de Vega in _La Pobreza estimada_, by Ruiz de Alarcón in _La Prueba +de las promesas_, by Calderón in _La Vida es sueño_, and by Cañizares in +_Don Juan de Espina en Milán_: there is an evident, though remote, +relation between the tale of the _mancebo que casó con una mujer muy +fuerte y muy brava_ and _The Taming of the Shrew_; and a more direct +connexion exists between some of Don Juan Manuel's _enxemplos_ and some +of Anderson's fairy tales. + + BIBLIOGRAPHY.--_Obras_, edited by P. de Gayangos in the _Biblioteca de + autores Españoles_, vol. li.; _El Conde Lucanor_ (Leipzig, 1900), + edited by H. Knust and A. Hirschfeld; _Libro de la caza_ (Halle, + 1880), edited by G. Baist; _El Libro del caballero et del escudero_, + edited by S. Gräfenberg in _Romanische Forschungen_, vol. vi.; _La + crónica complida_, edited by G. Baist in _Romanische Forschungen_, + vol. vi.; G. Baist, _Alter und Textueberlieferung der Schriften Don + Juan Manuels_ (Halle, 1880); F. Hanssen, _Notas á la versificación de + D. Juan Manuel_ (Santiago de Chile, 1902). The _Conde Lucanor_ has + been translated by J. Eichendorff into German (1840), by A. Puibusque + into French (1854) and by J. York into English (1868). (J. F. K.) + + + + +JUAREZ, BENITO PABLO (1806-1872), president of Mexico, was born near +Ixtlan, in the state of Oajaca, Mexico, on the 21st of March 1806, of +full Indian blood. Early left in poverty by the death of his father, he +received from a charitable friar a good general education, and +afterwards the means of studying law. Beginning to practise in 1834, +Juarez speedily rose to professional distinction, and in the stormy +political life of his time took a prominent part as an exponent of +liberal views. In 1832 he sat in the state legislature; in 1846 he was +one of a legislative triumvirate for his native state and a deputy to +the republican congress, and from 1847 to 1852 he was governor of +Oajaca. Banished in 1853 by Santa Anna, he returned to Mexico in 1855, +and joined Alvarez, who, after Santa Anna's defeat, made him minister of +justice. Under Comonfort, who then succeeded Alvarez, Juarez was +governor of Oajaca (1855-57), and in 1857 chief justice and secretary of +the interior; and, when Comonfort was unconstitutionally replaced by +Zuloaga in 1858, the chief justice, in virtue of his office, claimed to +be legal president of the republic. It was not, however, till the +beginning of 1861 that he succeeded in finally defeating the +unconstitutional party and in being duly elected president by congress. +His decree of July 1861, suspending for two years all payments on public +debts of every kind, led to the landing in Mexico of English, Spanish +and French troops. The first two powers were soon induced to withdraw +their forces; but the French remained, declared war in 1862, placed +Maximilian upon the throne as emperor, and drove Juarez and his +adherents to the northern limits of the republic. Juarez maintained an +obstinate resistance, which resulted in final success. In 1867 +Maximilian was taken at Querétaro, and shot; and in August Juarez was +once more elected president. His term of office was far from tranquil; +discontented generals stirred up ceaseless revolts and insurrections; +and, though he was re-elected in 1871, his popularity seemed to be on +the wane. He died of apoplexy in the city of Mexico on the 18th of July +1872. He was a statesman of integrity, ability and determination, whose +good qualities are too apt to be overlooked in consequence of his +connexion with the unhappy fate of Maximilian. + + + + +JUBA, the name of two kings of Numidia. + +JUBA I. (1st century B.C.), son and successor of Hiempsal, king of +Numidia. During the civil wars at Rome he sided with Pompey, partly from +gratitude because he had reinstated his father on his throne (Appian, +_B.C._, i. 80), and partly from enmity to Caesar, who had insulted him +at Rome by pulling his beard (Suet., _Caesar_, 71). Further, C. +Scribonius Curio, Caesar's general in Africa, had openly proposed, 50 +B.C., when tribune of the plebs, that Numidia should be sold to +colonists, and the king reduced to a private station. In 49 Juba +inflicted on the Caesarean army a crushing defeat, in which Curio was +slain (Vell. Pat. ii. 54; Caesar, _B.C._ ii. 40). Juba's attention was +distracted by a counter invasion of his territories by Bocchus the +younger and Sittius; but, finding that his lieutenant Sabura was able to +defend his interests, he rejoined the Pompeians with a large force, and +shared the defeat at Thapsus. Fleeing from the field with the Roman +general M. Petreius, he wandered about as a fugitive. At length, in +despair, Juba killed Petreius, and sought the aid of a slave in +despatching himself (46). Juba was a thorough savage; brave, +treacherous, insolent and cruel. (See NUMIDIA.) + +JUBA II., son of the above. On the death of his father in 46 B.C. he was +carried to Rome to grace Caesar's triumph. He seems to have received a +good education under the care of Augustus who, in 29, after Mark +Antony's death, gave him the hand of Cleopatra Selene, daughter of +Antony and Cleopatra, and placed him on his father's throne. In 25, +however, he transferred him from Numidia to Mauretania, to which was +added a part of Gaetulia (see NUMIDIA). Juba seems to have reigned in +considerable prosperity, though in A.D. 6 the Gaetulians rose in a +revolt of sufficient importance to afford the surname Gaetulicus to +Cornelius Lentulus Cossus, the Roman general who helped to suppress it. +The date of Juba's death is by no means certain; it has been put between +A.D. 19 and 24 (Strabo, xvii. 828; Dio Cassius, li. 15; liii. 26; +Plutarch, _Ant._ 87; _Caesar_, 55). Juba, according to Pliny, who +constantly refers to him, is mainly memorable for his writings. He has +been called the African Varro. + + He wrote many historical and geographical works, of which some seem to + have been voluminous and of considerable value on account of the + sources to which their author had access: (1) [Greek: Rhômaikê + historia]; (2) [Greek: Assyriaka]; (3) [Greek: Libyka]; (4) _De Arabia + sive De expeditione arabica_; (5) _Physiologa_; (6) _De Euphorbia + herba_; (7) [Greek: Peri opou]; (8) [Greek: Peri graphikês] ([Greek: + Peri zôgraphôn]); (9) [Greek: Theatrikê historia]; (10) [Greek: + Homoiotêtes]; (11) [Greek: Peri phthoras lexeôs]; (12) [Greek: + Epigramma]. + + Fragments and life in Müller, _Frag. Hist. Graec._, vol. iii.; see + also Sevin, _Mém. de l'Acad. des Inscriptions_, vol. iv.; Hullemann, + _De vita et scriptis Jubae_ (1846). For the denarii of Juba II. found + in 1908 at El Ksar on the coast of Morocco see Dieudonné in _Revue + Numism_. (1908), pp. 350 seq. They are interesting mainly as throwing + light on the chronology of the reign. + + + + +JUBA, or JUB, a river of East Africa, exceeding 1000 m. in length, +rising on the S.E. border of the Abyssinian highlands and flowing S. +across the Galla and Somali countries to the sea. It is formed by the +junction of three streams, all having their source in the mountain range +N.E. of Lake Rudolf which is the water-parting between the Nile basin +and the rivers flowing to the Indian Ocean. + + Of the three headstreams, the Web, the Ganale and the Daua, the Ganale + (or Ganana) is the central river and the true upper course of the + Juba. It has two chief branches, the Black and the Great Ganale. The + last-named, the most remote source of the river, rises in 7° 30´ N., + 38° E. at an altitude of about 7500 ft., the crest of the mountains + reaching another 2500 ft. In its upper course it flows over a rocky + bed with a swift current and many rapids. The banks are clothed with + dense jungle and the hills beyond with thorn-bush. Lower down the + river has formed a narrow valley, 1500 to 2000 ft. below the general + level of the country. Leaving the higher mountains in about 5° 15´ N., + 40° E., the Ganale enters a large slightly undulating grass plain + which extends south of the valley of the Daua and occupies all the + country eastward to the junction of the two rivers. In this plain the + Ganale makes a semicircular sweep northward before resuming its + general S.-E. course. East of 42° E. in 4° 12´ N. it is joined by the + Web on the left or eastern bank, and about 10 m. lower down the Daua + enters on the right bank. + + The Web rises in the mountain chain a little S. and E. of the sources + of the Ganale, and some 40 m. from its source passes, first, through a + cañon 500 ft. deep, and then through a series of remarkable + underground caves hollowed out of a quartz mountain and, with their + arches and white columns, presenting the appearance of a pillared + temple. The Daua (or Dawa) is formed by the mountain torrents which + have their rise S. and W. of the Ganale and is of similar character to + that river. It has few feeders and none of any size. The descent to + the open country is somewhat abrupt. In its middle course the Daua has + cut a deep narrow valley through the plain; lower down it bends N.E. + to its junction with the Ganale. The river is not deep and can be + forded in many places; the banks are fringed with thick bush and + dom-palms. At the junction of the Ganale and the Web the river is + swift-flowing and 85 yards across; just below the Daua confluence it + is 200 yds. wide, the altitude here--300 m. in a direct line from the + source of the Ganale--being only 590 ft. + + Below the Daua the river, now known as the Juba, receives no tributary + of importance. It first flows in a valley bounded, especially towards + the west, by the escarpments of a high plateau, and containing the + towns of Lugh (in 3° 50´ N., the centre of active trade), Bardera, 387 + m. above the mouth, and Saranli--the last two on opposite sides of the + stream, in 2° 20´ N., a crossing-place for caravans. Beyond 1° 45´ N. + the country becomes more level and the course of the river very + tortuous. On the west a series of small lakes and backwaters receives + water from the Juba during the rains. Just south of the equator + channels from the long, branching Lake Deshekwama or Hardinge, fed by + the Lakdera river, enter from the west, and in 0° 15´ S. the Juba + enters the sea across a dangerous bar, which has only one fathom of + water at high tide. + +From its mouth to 20 m. above Bardera, where at 2° 35´ N. rapids occur, +the Juba is navigable by shallow-draught steamers, having a general +depth of from 4 to 12 ft., though shallower in places. Just above its +mouth it is a fine stream 250 yds. wide, with a current of 2½ knots. +Below the mountainous region of the headstreams the Juba and its +tributaries flow through a country generally arid away from the banks of +the streams. The soil is sandy, covered either with thorn-scrub or rank +grass, which in the rainy season affords herbage for the herds of +cattle, sheep and camels owned by the Boran Gallas and the Somali who +inhabit the district. But by the banks of the lower river the character +of the country changes. In this district, known as Gosha, are +considerable tracts of forest, and the level of flood water is higher +than much of the surrounding land. This low-lying fertile belt stretches +along the river for about 300 m., but is not more than a mile or two +wide. In the river valley maize, rice, cotton and other crops are +cultivated. From Gobwen, a trading settlement about 3 m. above the mouth +of the Juba, a road runs S.W. to the seaport of Kismayu, 10 m. distant. + +The lower Juba was ascended in 1865 in a steamer by Baron Karl von der +Decken, who was murdered by Somali at Bardera, but the river system +remained otherwise almost unknown until after 1890. In 1891 a survey of +its lower course was executed by Captain F. G. Dundas of the British +navy, while in 1892-1893 its headstreams were explored by the Italian +officers, Captains Vittorio, Bottego and Grixoni, the former of whom +disproved the supposed connexion of the Omo (see RUDOLF, LAKE) with the +Juba system. It has since been further explored by Prince Eugenio +Ruspoli, by Bottego's second expedition (1895), by Donaldson Smith, A. +E. Butter, Captain P. Maud of the British army, and others. The river, +from its mouth to the confluence of the Daua and Ganale, forms the +frontier between the British East Africa protectorate and Italian +Somaliland; and from that point to about 4° 20´ N. the Daua is the +boundary between British and Abyssinian territory. + + + + +JUBBULPORE, or JABALPUR, a city, district, and division of British India +in the Central Provinces. The city is 616 m. N.E. of Bombay by rail, and +220 m. S.W. of Allahabad. Pop. (1901), 90,316. The numerous gorges in +the neighbouring rocks have been taken advantage of to surround the city +with a series of lakes, which, shaded by fine trees and bordered by +fantastic crags, add much beauty to the suburbs. The city itself is +modern, and is laid out in wide and regular streets. A streamlet +separates the civil station and cantonment from the native quarter; but, +though the climate is mild, a swampy hollow beneath renders the site +unhealthy for Europeans. Formerly the capital of the Saugor and Nerbudda +territories, Jubbulpore is now the headquarters of a brigade in the 5th +division of the southern army. It is also one of the most important +railway centres in India, being the junction of the Great Indian +Peninsula and the East Indian systems. It has a steam cotton-mill. The +government college educates for the science course of the Allahabad +University, and also contains law and engineering classes; there are +three aided high schools, a law class, an engineering class and normal +schools for male and female teachers. A native association, established +in 1869, supports an orphanage, with help from government. A zenana +mission manages 13 schools for girls. Waterworks were constructed in +1882. + +The DISTRICT OF JUBBULPORE lies on the watershed between the Nerbudda +and the Son, but mostly within the valley of the former river, which +here runs through the famous gorge known as the Marble rocks, and falls +30 ft. over a rocky ledge (the _Dhuan dhar_, or "misty shoot"). Area, +3912 sq. m. It consists of a long narrow plain running north-east and +south-west, and shut in on all sides by highlands. This plain, which +forms an offshoot from the great valley of the Nerbudda, is covered in +its western and southern portions by a rich alluvial deposit of black +cotton-soil. At Jubbulpore city the soil is sandy, and water plentiful +near the surface. The north and east belong to the Ganges and Jumna +basins, the south and west to the Nerbudda basin. In 1901 the population +was 680,585, showing a decrease of 9% since 1891, due to the results of +famine. The principal crops are wheat, rice, pulse and oil-seeds. A good +deal of iron-smelting with charcoal is carried on in the forests, +manganese ore is found, and limestone is extensively quarried. The +district is traversed by the main railway from Bombay to Calcutta, and +by new branches of two other lines which meet at Katni junction. +Jubbulpore suffered severely in the famine of 1896-1897, the distress +being aggravated by immigration from the adjoining native states. +Fortunately the famine of 1900 was less severely felt. + + The early history of Jubbulpore is unknown; but inscriptions record + the existence during the 11th and 12th centuries of a local line of + princes of that Haihai race which is closely connected with the + history of Gondwana. In the 16th century the Gond raja of Garha Mandla + extended his power over fifty-two districts, including the present + Jubbulpore. During the minority of his grandson, Asaf Khan, the + viceroy of Kara Manikpur, conquered the Garha principality and held it + at first as an independent chief. Eventually he submitted to the + emperor Akbar. The Delhi power, however, enjoyed little more than a + nominal supremacy; and the princes of Garha Mandla maintained a + practical independence until their subjugation by the Mahratta + governors of Saugor in 1781. In 1798 the peshwa granted the Nerbudda + valley to the Bhonsla princes of Nagpur, who continued to hold the + district until the British occupied it in 1818. + +The DIVISION OF JUBBULPORE lies mainly among the Vindhyan and Satpura +hill systems. It comprises the five following districts: Jubbulpore, +Saugor, Damoh, Seoni and Mandla. Area, 18,950 sq. m.; pop. (1901), +2,081,499. + + + + +JUBÉ, the French architectural term (taken from the imperative of Lat. +_jubere_, to order) for the chancel or choir screen, which in England is +known as the rood-screen (see ROOD). Above the screen was a gallery or +loft, from which the words "Jube Domine benedicere" were spoken by the +deacon before the reading of the Gospel, and hence probably the name. +One of the finest _jubés_ in France is that of the church of the +Madeleine at Troyes, in rich flamboyant Gothic. A later example, of the +Renaissance period, c. 1600, is in the church of St Étienne du Mont, +Paris. In the Low Countries there are many fine examples in marble, of +which one of the most perfect from Bois-le-Duc is now in the Victoria +and Albert Museum. + + + + +JUBILEE (or JUBILE), YEAR OF, in the Bible, the name applied in the +Holiness section of the Priestly Code of the Hexateuch (Lev. xxv.) to +the observance of every 50th year, determined by the lapse of seven +seven-year periods as a year of perfect rest, when there was to be no +sowing, nor even gathering of the natural products of the field and the +vine. At the beginning of the jubilee-year the liberation of all +Israelitish slaves and the restoration of ancestral possessions was to +be proclaimed. As regards the meaning of the name "jubilee" (Heb. +_yobel_) modern scholars are agreed that it signifies "ram" or "ram's +horn." "Year of jubilee" would then mean the year that is inaugurated by +the blowing of the ram's horn (Lev. xxv. 9). + +According to Lev. xxv. 8-12, at the completion of seven sabbaths of +years (i.e. 7 × 7 = 49 years) the trumpet of the jubilee is to be +sounded "throughout the land" on the 10th day of the seventh month +(Tisri 10), the great Day of Atonement. The 50th year thus announced is +to be "hallowed," i.e. liberty[1] is to be proclaimed everywhere to +everyone, and the people are to return "every man unto his possession +and unto his family." As in the sabbatical year, there is to be no +sowing, nor reaping that which grows of itself, nor gathering of grapes. + +As regards _real property_ (Lev. xxv. 13-34) the law is that if any +Hebrew under pressure of necessity shall alienate his property he is to +get for it a sum of money reckoned according to the number of harvests +to be reaped between the date of alienation and the first jubilee-year: +should he or any relation desire to redeem the property before the +jubilee this can always be done be repaying the value of the harvests +between the redemption and the jubilee. + +This legal enactment, though it is not found (nor anything like it) in +the earlier collections of laws, is evidently based on (or modified +from) an ancient custom which conferred on a near kinsman the right of +pre-emption as well as of buying back (cf. Jer. xxxii. 6 sqq.). The +tendency to impose checks upon the alienation of landed property was +exceptionally strong in Israel. The fundamental principle is that the +land is a sacred possession belonging to Yahweh. As such it is not to be +alienated from Yahweh's people, to whom it was originally assigned. In +Ezekiel's restoration programme "crown lands presented by the 'prince' +to any of his officials revert to the crown in the year of liberty (? +jubilee year)"; only to his sons may any portion of his inheritance be +alienated in perpetuity (Ezek. xlvi. 16-18; cf. Code of Hammurabi, § 38 +seq.). + +The same rule applies to dwelling-houses of unwalled villages; the case +is different, however, as regards dwelling-houses in walled cities. +These may be redeemed within a year after transfer, but if not redeemed +within that period they continue permanently in possession of the +purchaser, and this may well be an echo of ancient practice. An +exception to this last rule is made for the houses of the Levites in the +Levitical cities. + +As regards _property in slaves_ (Lev. xxv. 35-55) the Hebrew whom +necessity has compelled to sell himself into the service of his brother +Hebrew is to be treated as a hired servant and sojourner, and to be +released absolutely at the jubilee; non-Hebrew bondmen, on the other +hand, are to be bondmen for ever. But the Hebrew who has sold himself to +a stranger or sojourner is entitled to freedom at the year of jubilee, +and further is at any time redeemable by any of his kindred--the +redemption price being regulated by the number of years to run between +the redemption and the jubilee, according to the ordinary wage of hired +servants. Such were the enactments of the Priestly Code--which, of +course, represents the latest legislation of the Pentateuch +(post-exilic). These enactments, in order to be understood rightly, must +be viewed in relation to the earlier similar provisions in connexion +with the sabbatical (seventh) year. "The foundations of Lev. xxv. are +laid in the ancient provisions of the Book of the Covenant (Exod. xxi. 2 +seq.; xxiii. 10 seq.) and in Deuteronomy (xv.). The Book of the Covenant +enjoined that the land should lie fallow and Hebrew slaves be liberated +in the seventh year; Deuteronomy required in addition the remission of +debts" (Benzinger). Deuteronomy, it will be noticed, in accordance with +its humanitarian tendency, not only liberates the slave but remits the +debt. It is evident that these enactments proved impracticable in real +life (cf. Jer. xxxiv. 8 seq.), and so it became necessary in the later +legislation of P, represented in the present form of Lev. xxv., to +relegate them to the 50th year, the year of jubilee. The latter, +however, was a purely theoretic development of the Sabbath idea, which +could never have been reduced to practice (its actual observance would +have necessitated that for two consecutive years--the 49th and +50th--absolutely nothing could be reaped, while in the 51st only summer +fruits could be obtained, sowing being prohibited in the 50th year). +That in practice the enactments for the jubilee-year were disregarded is +evidenced by the fact that, according to the unanimous testimony of the +Talmudists and Rabbins, although the jubilee-years were "reckoned" they +were not observed. + +The conjecture of Kuenen, supported by Wellhausen, that originally Lev. +xxv. 8 seq. had reference to the seventh year is a highly probable one. +This may be the case also with Ezek. xlvi. 16-18 (cf. Jer. xxxiv. 14). A +later Rabbinical device for evading the provisions of the law was the +_prosbul_ (ascribed to Hillel)--i.e. a condition made in the presence of +the judge securing to the creditor the right of demanding repayment at +any time, irrespective of the year of remission. Further enactments +regarding the jubilee are found in Lev. xxvii. 17-25 and Num. xxxvi. 4. + (W. R. S.; G. H. Bo.) + + +FOOTNOTE: + + [1] Heb. _deror_. The same word (_duraru_) is used in the Code of + Hammurabi in the similar enactment that wife, son or daughter sold + into slavery for debt are to be restored to _liberty_ in the fourth + year (§ 117). + + + + +JUBILEES, BOOK OF, an apocryphal work of the Old Testament. The Book of +Jubilees is the most advanced pre-Christian representative of the +Midrashic tendency, which had already been at work in the Old Testament +Chronicles. As the chronicler had rewritten the history of Israel and +Judah from the standpoint of the Priests' Code, so our author re-edited +from the Pharisaic standpoint of his time the history of the world from +the creation to the publication of the Law on Sinai. His work +constitutes the oldest commentary in the world on Genesis and part of +Exodus, an enlarged Targum on these books, in which difficulties in the +biblical narration are solved, gaps supplied, dogmatically offensive +elements removed and the genuine spirit of later Judaism infused into +the primitive history of the world. + +_Titles of the Book._--The book is variously entitled. First, it is +known as [Greek: ta Iôbêlaia, hoi Iôbêlaioi], Heb. [Hebrew: haiuvalim]. +This name is admirably adapted to our book, as it divides into jubilee +periods of forty-nine years each the history of the world from the +creation to the legislation on Sinai. Secondly, it is frequently +designated "The Little Genesis," [Greek: hê leptê Genesis] or [Greek: hê +Mikrogenesis], Heb. [Hebrew: bereshit zutta]. This title may have arisen +from its dealing more fully with details and minutiae than the biblical +work. For the other names by which it is referred to, such as _The +Apocalypse of Moses_, _The Testament of Moses_, _The Book of Adam's +Daughters_ and the _Life of Adam_, the reader may consult Charles's _The +Book of Jubilees_, pp. xvii.-xx. + +_Object._--The object of our author was the defence and exposition of +Judaism from the Pharisaic standpoint of the 2nd century B.C. against +the disintegrating effects of Hellenism. In his elaborate defence of +Judaism our author glorifies circumcision and the sabbath, the bulwarks +of Judaism, as heavenly ordinances, the sphere of which was so far +extended as to embrace Israel on earth. The Law, as a whole, was to our +author the realization in time of what was in a sense timeless and +eternal. Though revealed in time it was superior to time. Before it had +been made known in sundry portions to the fathers, it had been kept in +heaven by the angels, and to its observance there was no limit in time +or in eternity. Our author next defends Judaism by his glorification of +Israel. Whereas the various nations of the Gentiles were subject to +angels, Israel was subject to God alone. Israel was God's son, and not +only did the nation stand in this relation to God, but also its +individual members. Israel received circumcision as a sign that they +were the Lord's, and this privilege of circumcision they enjoyed in +common with the two highest orders of angels. Hence Israel was to unite +with God and these two orders in the observance of the sabbath. Finally +the destinies of the world were bound up with Israel. The world was +renewed in the creation of the true man Jacob, and its final renewal was +to synchronize with the setting-up of God's sanctuary in Zion and the +establishment of the Messianic kingdom. In this kingdom the Gentiles had +neither part nor lot. + + _Versions: Greek, Syriac, Ethiopic and Latin._--Numerous fragments of + the Greek Version have come down to us in Justin Martyr, Origen, + Diodorus of Antioch, Isidore of Alexandria, Epiphanius, John of + Malala, Syncellus and others. This version was the parent of the + Ethiopic and Latin. The Ethiopic Version is most accurate and + trustworthy, and indeed, as a rule, slavishly literal. It has + naturally suffered from the corruptions incident to transmission + through MSS. Thus dittographies are frequent and lacunae of occasional + occurrence, but the version is singularly free from the glosses and + corrections of unscrupulous scribes. The Latin Version, of which about + one-fourth has been preserved, is where it exists of almost equal + value with the Ethiopic. It has, however, suffered more at the hands + of correctors. Notwithstanding, it attests a long array of passages in + which it preserves the true text over against corruptions or omissions + in the Ethiopic Version. Finally, as regards the Syriac Version, the + evidence for its existence is not conclusive. It is based on the fact + that a British Museum MS. contains a Syriac fragment entitled "Names + of the wives of the Patriarchs according to the Hebrew Book of + Jubilees." + + _The Ethiopic and Latin Versions: Translations from the Greek._--The + Ethiopic Version is translated from the Greek, for Greek words such as + [Greek: drys, balanos, lips], &c., are transliterated in the Greek. + Secondly, many passages must be retranslated into Greek before we can + discover the source of the various corruptions. And finally, proper + names are transliterated as they appear in Greek and not in Hebrew. + That the Latin is also a translation from the Greek is no less + obvious. Thus in xxxix. 12 _timoris_ = [Greek: deilias], corrupt for + [Greek: douleias]; in xxxviii. 13 _honorem_ = [Greek: timên], but + [Greek: timên] should here have been rendered by _tributum_, as the + Ethiopic and the context require; in xxxii. 26, _celavit_ = [Greek: + ekrypse], corrupt for [Greek: egrapse] (so Ethiopic). + + _The Greek a Translation from the Hebrew._--The early date of our + book--the 2nd century B.C.--and its place of composition speak for a + Semitic original, and the evidence bearing on this subject is + conclusive. But the question at once arises, was the original Aramaic + or Hebrew? Certain proper names in the Latin Version ending in -_in_ + seem to bespeak an Aramaic original, as Cettin, Filistin, &c. But + since in all these cases the Ethiopic transliterations end in -_m_ and + not in -_n_, it is not improbable that the Aramaism in the Latin + Version is due to the translator, who, it has been concluded on other + grounds, was a Palestinian Jew.[1] The grounds, on the other hand, for + a Hebrew original are weighty and numerous. (1) A work which claims to + be from the hand of Moses would naturally be in Hebrew, for Hebrew + according to our author was the sacred and national language. (2) The + revival of the national spirit of a nation is universally, so far as + we know, accompanied by a revival of the national language. (3) The + text must be retranslated into Hebrew in order to explain + unintelligible expressions and restore the true text. One instance + will sufficiently illustrate this statement. In xliii. 11 a certain + Ethiopic expression = [Greek: en emoi], which is a mistranslation of + [Hebrew: bi]; for [Hebrew: bi] in this context, as we know from the + parallel passage in Gen. xliv. 18, which our text reproduces almost + verbally, = [Greek: deomai]. We might observe here that our text + attests the presence of dittographies already existing in the Hebrew + text. (4) Hebraisms survive in the Ethiopic and Latin Versions. In the + former nûha in iv. 4, is a corrupt transliteration of [Hebrew: na]. In + the Latin eligere in te in xxii. 10 is a reproduction of [Hebrew: + behar be] and _in qua ... in ipsa_ in xix. 8 = [Hebrew: ba ... asher]. + This idiom could, of course, be explained on the hypothesis of an + Aramaic original. (5) Many paronomasiae discover themselves on + retranslation into Hebrew. + + _Textual Affinities._--A minute study of the text shows that it + attests an independent form of the Hebrew text of the Pentateuch. Thus + it agrees at times with the Samaritan, or Septuagint, or Syriac, or + Vulgate, or even with Onkelos against all the rest. To be more exact, + our book represents some form of the Hebrew text of the Pentateuch + midway between the forms presupposed by the Septuagint and the Syriac; + for it agrees more frequently with the Septuagint, or with + combinations into which the Septuagint enters, than with any other + single authority, or with any combination excluding the Septuagint. + Next to the Septuagint it agrees most often with the Syriac or with + combinations into which the Syriac enters. On the other hand, its + independence of the Septuagint is shown in a large number of passages, + where it has the support of the Samaritan and Massoretic, or of these + with various combinations of the Syriac Vulgate and Onkelos. From + these and other considerations we may conclude that the textual + evidence points to the composition of our book at some period between + 250 B.C. and A.D. 100, and at a time nearer the earlier date than the + later. + +_Date._--The book was written between 135 B.C. and the year of +Hyrcanus's breach with the Pharisees. This conclusion is drawn from the +following facts:--(1) The book was written during the pontificate of the +Maccabean family, and not earlier than 135 B.C. For in xxxii. 1 Levi is +called a "priest of the Most High God." Now the only high priests who +bore this title were the Maccabean, who appear to have assumed it as +reviving the order of Melchizedek when they displaced the Zadokite order +of Aaron. Jewish tradition ascribes the assumption of this title to John +Hyrcanus. It was retained by his successors down to Hyrcanus II. (2) It +was written before 96 B.C. or some years earlier in the reign of John +Hyrcanus; for since our author is of the strictest sect a Pharisee and +at the same time an upholder of the Maccabean pontificate, Jubilees +cannot have been written after 96 when the Pharisees and Alexander +Jannaeus came to open strife. Nay more, it cannot have been written +after the open breach between Hyrcanus and the Pharisees, when the +former joined the Sadducean party. + +The above conclusions are confirmed by a large mass of other evidence +postulating the same date. We may, however, observe that our book points +to the period already past--of stress and persecution that preceded the +recovery of national independence under the Maccabees, and presupposes +as its historical background the most flourishing period of the +Maccabean hegemony. + +_Author._--Our author was a Pharisee of the straitest sect. He +maintained the everlasting validity of the law, he held the strictest +views on circumcision, the sabbath, and the duty of shunning all +intercourse with the Gentiles; he believed in angels and in a blessed +immortality. In the next place he was an upholder of the Maccabean +pontificate. He glorifies Levi's successors as high-priests and civil +rulers, and applies to them the title assumed by the Maccabean princes, +though he does not, like the author of the Testaments of the Twelve +Patriarchs, expect the Messiah to come forth from among them. He may +have been a priest. + +_The Views of the Author on the Messianic Kingdom and the Future +Life._--According to our author the Messianic kingdom was to be brought +about gradually by the progressive spiritual development of man and a +corresponding transformation of nature. Its members were to reach the +limit of 1000 years in happiness and peace. During its continuance the +powers of evil were to be restrained, and the last judgment was +apparently to take place at its close. As regards the doctrine of a +future life, our author adopts a position novel for a Palestinian +writer. He abandons the hope of a resurrection of the body. The souls of +the righteous are to enjoy a blessed immortality after death. This is +the earliest attested instance of this expectation in the last two +centuries B.C. + + LITERATURE.--_Ethiopic Text and Translations_: This text was first + edited by Dillmann from two MSS. in 1859, and in 1895 by R. H. Charles + from four (_The Ethiopic Version of the Hebrew Book of Jubilees ... + with the Hebrew, Syriac, Greek and Latin fragments_). In the latter + edition, the Greek and Latin fragments are printed together with the + Ethiopic. The book was translated into German by Dillmann from one MS. + in Ewald's _Jahrbücher_, vols. ii. and iii. (1850, 1851), and by + Littmann (in Kautzsch's _Apok. und Pseud._ ii. 39-119) from Charles's + Ethiopic text; into English by Schodde (_Bibl. Sacr._ 1885) from + Dillmann's text, and by Charles (_Jewish Quarterly Review_, vols. v., + vi., vii. (1893-1895) from the text afterwards published in 1895, and + finally in his commentary, _The Book of Jubilees_ (1902). _Critical + Inquiries_: Dillmann, "Das Buch der Jubiläen" (Ewald's _Jahrbücher d. + bibl. Wissensch._ (1851), iii. 72-96); "Pseudepig. des Alten + Testaments," Herzog's _Realencyk._[2] xii. 364-365; "Beiträge aus dem + Buche der Jubiläen zur Kritik des Pentateuch Textes" + (_Sitzungsberichte der Kgl. Preussischen Akad._, 1883); Beer, _Das + Buch der Jubiläen_ (1856); Rönsch, _Das Buch der Jubiläen_ (1874); + Singer, _Das Buch der Jubiläen_ (1898); Bohn, "Die Bedeutung des + Buches der Jubiläen" (_Theol. Stud. und Kritiken_ (1900), pp. + 167-184). A full bibliography will be found in Schürer or in R. H. + Charles's commentary, _The Book of Jubilees or the Little Genesis_ + (1902), which deals exhaustively with all the questions treated in + this article. (R. H. C.) + + +FOOTNOTE: + + [1] In the Ethiopic Version in xxi. 12 it should be observed that in + the list of the twelve trees suitable for burning on the altar + several are transliterated Aramaic names of trees. But in a late + Hebrew work (2nd century B.C.) the popular names of such objects + would naturally be used. In certain cases the Hebrew may have been + forgotten, or, where the tree was of late introduction, been + non-existent. + + + + +JUBILEE YEAR, an institution in the Roman Catholic Church, observed +every twenty-fifth year, from Christmas to Christmas. During its +continuance plenary indulgence is obtainable by all the faithful, on +condition of their penitently confessing their sins and visiting certain +churches a stated number of times, or doing an equivalent amount of +meritorious work. The institution dates from the time of Boniface VIII., +whose bull _Antiquorum habet fidem_ is dated the 22nd of February 1300. +The circumstances in which it was promulgated are related by a +contemporary authority, Jacobus Cajetanus, according to whose account +("Relatio de centesimo s. jubilaeo anno" in the _Bibliotheca Patrum_) a +rumour spread through Rome at the close of 1299 that every one visiting +St Peter's on the 1st of January 1300 would receive full absolution. The +result was an enormous influx of pilgrims to Rome, which stirred the +pope's attention. Nothing was found in the archives, but an old peasant +107 years of age avowed that his father had been similarly benefited a +century previously. The bull was then issued, and the pilgrims became +even more numerous, to the profit of both clergy and citizens. +Originally the churches of St Peter and St Paul in Rome were the only +jubilee churches, but the privilege was afterwards extended to the +Lateran Church and that of Sta Maria Maggiore, and it is now shared also +for the year immediately following that of the Roman jubilee by a number +of specified provincial churches. At the request of the Roman people, +which was supported by St Bridget of Sweden and by Petrarch, Clement VI. +in 1343 appointed, by the bull _Unigenitus Dei filius_, that the jubilee +should recur every fifty years instead of every hundred years as had +been originally contemplated in the constitution of Boniface; Urban VI., +who was badly in need of money, by the bull _Salvator noster_ in 1389 +reduced the interval still further to thirty-three years (the supposed +duration of the earthly life of Christ); and Paul II. by the bull +_Ineffabilis_ (April 19, 1470) finally fixed it at twenty-five years. +Paul II. also permitted foreigners to substitute for the pilgrimage to +Rome a visit to some specified church in their own country and a +contribution towards the expenses of the Holy Wars. According to the +special ritual prepared by Alexander VI. in 1500, the pope on the +Christmas Eve with which the jubilee begins goes in solemn procession to +a particular walled-up door ("Porta aurea") of St Peter's and knocks +three times, using at the same time the words of Ps. cxviii. 19 +(_Aperite mihi portas justitiae_). The doors are then opened and +sprinkled with holy water, and the pope passes through. A similar +ceremony is conducted by cardinals at the other jubilee churches of the +city. At the close of the jubilee, the special doorway is again built up +with appropriate solemnities. + + The last ordinary jubilee was observed in 1900. "Extraordinary" + jubilees are sometimes appointed on special occasions, e.g. the + accession of a new pope, or that proclaimed by Pope Leo XIII. for the + 12th of March 1881, "in order to obtain from the mercy of Almighty God + help and succour in the weighty necessities of the Church, and comfort + and strength in the battle against her numerous and mighty foes." + These are not so much jubilees in the ordinary sense as special grants + of plenary indulgences for particular purposes (_Indulgentiae + plenariae in forma jubilaei_). + + + + +JÚCAR, a river of eastern Spain. It rises in the north of the province +of Cuenca, at the foot of the Cerro de San Felipe (5906 ft.), and flows +south past Cuenca to the borders of Albacete; here it bends towards the +east, and maintains this direction for the greater part of its remaining +course. On the right it is connected with the city of Albacete by the +Maria Cristina canal. After entering Valencia, it receives on the left +its chief tributary the Cabriel, which also rises near the Cerro de San +Felipe, in the Montes Universales. Near Alcira the Júcar turns +south-eastward, and then sharply north, curving again to the south-east +before it enters the Mediterranean Sea at Cullera, after a total course +of 314 m. Its estuary forms the harbour of Cullera, and its lower waters +are freely utilized for purposes of irrigation. + + + + +JUD, LEO (1482-1542), known to his contemporaries as Meister Leu, Swiss +reformer, was born in Alsace and educated at Basel, where after a +course in medicine he turned to the study of theology. This change was +due to the influence of Zwingli whose colleague at Zürich Jud became +after serving for four years (1518-1522) as pastor of Einsiedeln. His +chief activity was as a translator; he was the leading spirit in the +translation of the Zürich Bible and also made a Latin version of the Old +Testament. He died at Zürich on the 19th of June 1542. + + See _Life_ by C. Pestalozzi (1860); art. in Herzog-Hauck's + _Realencyklopädie_, vol. ix. (1901). + + + + +JUDAEA, the name given to the southern part of Palestine as occupied by +the Jewish community in post-exilic days under Persian, Greek and Roman +overlordship. In Luke and Acts the term is sometimes used loosely to +denote the whole of western Palestine. The limits of Judaea were never +very precisely defined and--especially on the northern frontier--varied +from time to time. After the death of Herod, Archelaus became ethnarch +of Samaria, Idumea and Judaea, and when he was deposed Judaea was merged +in Syria, being governed by a procurator whose headquarters were in +Caesarea. + + For a description of the natural features of the country see + PALESTINE; for its history see JEWS and JUDAH. Cf. T. Mommsen, _The + Provinces of the Roman Empire_, ch. xi. + + + + +JUDAH, a district of ancient Palestine, to the south of the kingdom of +Israel, between the Dead Sea and the Philistine plain. It falls +physically into three parts: the hill-country from Hebron northwards +through Jerusalem; the lowland (Heb. _Shephelah_) on the west; and the +steppes or "dry land" (Heb. _Negeb_) on the south. The district is one +of striking contrasts, with a lofty and stony table-land in the centre +(which reaches a height of 3300 ft. just north of Hebron), with a +strategically important valley dividing the central mountains from the +lowland, and with the most desolate of tracts to the east (by the Dead +Sea) and south. Some parts, especially around Hebron, are extremely +fertile, but the land as a whole has the characteristics of the southern +wilderness--the so-called "desert" is not a sterile Sahara--and was more +fitted for pastoral occupations; see further G. A. Smith, _Hist. Geog. +Holy Land_, chs. x.-xv. Life in ancient Judah is frequently depicted in +the Bible, but much of the Judaean history is obscure. In the days of +the old Hebrew monarchy there were periods of conflict and rivalry +between Judah and Israel--even times when the latter incorporated, or at +least claimed supremacy over, the former. Later, from the 5th century +B.C. there was a breach between the Jews (the name is derived from +Judah) and the Samaritans (q.v.). The intervening years after the fall +of Samaria (722 B.C.), and after the destruction of Jerusalem (586 +B.C.), were probably marked by closer intercourse, similar to the period +of union in the popular traditions relating to the pre-monarchical age. +The course of Judaean history was conditioned, also, by the proximity of +the Philistines in the west, Moab in the east, and by Edom and other +southern peoples extending from North Arabia to the delta of the Nile. +Judah's stormy history, continued under Greek and Roman domination, +reached its climax in the birth of Christianity, and ended with the fall +of Jerusalem in A.D. 70 (see JEWS, PALESTINE). + + In conformity with ancient methods of genealogy (q.v.), Judah is + traced back to a son of Jacob or Israel by Leah and along with other + "tribes" (Dan, Levi, Simeon, &c.) is included under the collective + term Israel. Thus it shares the general traditions of the Israelites, + although Judah appears as an individual in the story of his "brother" + Joseph (on ch. xxxvii. seq., see GENESIS). Its boundaries in Joshua + xv. are manifestly artificial or imaginary; they include the + Philistines and number places which are elsewhere ascribed to Simeon + or Dan. The origin of the name (_Yehudah_) is quite uncertain; the + interpretation "praised" is suggested in Gen. xxix. 35 (cf; xlix. 8 + seq.), but some connexion with allied names, as Yehud (Yahudiya, E. of + Jaffa), or Ehud (a Benjamite clan) seems more probable. That Judah, + whatever its original connotation, underwent development through the + incorporation of other clans appears from 1 Chron. ii., iv., where it + is found to contain a large element of non-Israelite population whose + names find analogies or parallels in Simeonite, Edomite and other + southern lists.[1] Indeed, underlying the account of the Israelite + exodus (q.v.) there are traces of a separate movement of certain + clans--apart from the Israelite invasion of Palestine--who are + ultimately found in the south of Judah; and the traditions in + Chronicles themselves allow the view that the incorporation of these + elements began under David, when Judah first occupies a prominent + position in biblical history (cf. Cheyne, _Ency. Bib._, col. 2618 + seq., and see CALEB, JERAHMEEL, KENITES). But such movements were not + necessarily limited to one single period, and the evidence connecting + (a) the non-Israelite clans of Judah with Levites, and (b) both with + the south, is found in narratives referring to several different ages + and might point to an unceasing relationship with the south. On the + other hand, clans, which in the traditions of David's time were in the + south of Judah, about five hundred years later (in the exile) are + found near Jerusalem (e.g. Caleb), so that either these survived the + strenuous vicissitudes of half a millennium or all perspective of + their early history has been lost. In Gen. xxxviii. a curious + narrative points to the separation of Judah "from his brethren" and + his marriage with Shua the Canaanite; two sons Er and Onan perish and + the third Shelah survives. From Judah and Er's widow Tamar are derived + Perez and Zerah, and these with Shelah appear in post-exilic times as + the three representative families of Judah (Neh. xi. 4-6; 1 Chron. ix. + 4-6). This story, amid a number of other motives, appears to reflect + the growth of the tribe of Judah and its fluctuations, but that the + reference is to any very early period is unlikely, partly because the + interest of the story is in post-exilic families, and partly because + the scenes (Adullam, Chezib and Timnah) overlap with David's own + fights between Hebron and Jerusalem (2 Sam. xxi. xxiii.; see DAVID, + _ad fin._).[2] Even David's conquest of Jerusalem (2 Sam. v.) + conflicts both with the statement of its capture by Judah many years + previously (Judges i. 8), and with the traditions of the Israelite + heroes Joshua and Saul. Consequently, the few surviving data are too + uncertain for any decisive conclusions regarding the origin of the + tribe of Judah. Judah as a kingdom may have taken its name from a + limited district, in which case its growth finds a parallel in the + extension of the name Samaria from the city to the province. The + location of Yehud and Ehud in the light of 1 Kings iv. 8-19 (perhaps + the subdivisions of the Israelite kingdom, see SOLOMON), would + necessitate the assumption of a violent separation from the north; + this, however, is quite conceivable (see JEWS, §§ 11-13). On the + bearing of South Judah upon the historical criticism of the Old + Testament, see especially N. Schmidt, _Hibbert Journal_ (1908), pp. + 322-342, "The Jerahmeel Theory and the Historic Importance of the + Negeb, with some account of personal exploration of the country"; also + JEWS, § 20. (S. A. C.) + + +FOOTNOTES: + + [1] See especially Wellhausen, _De gentibus et familiis Judaeorum_ + (Göttingen, 1869), the articles on the relative proper names in the + _Ency. Bib._, and E. Meyer, _Die Israeliten u. ihre Nachbarstämme_, + pp. 299-471 (much valuable matter). + + [2] For the principle of the Levirate illustrated in Gen. xxxviii., + see RUTH. Lagarde (_Orientalia_, ii.) ingeniously conjectured that + the chapter typified the suppression of Phoenician (viz. Tamar, the + date-palm) and the old Canaanite elements (Zerah = _indigena_) by the + younger Israelite invaders (Perez = "branch"). For other discussions, + apart from commentaries on Genesis, see B. Luther in Meyer, _op. + cit._, pp. 200 sqq. + + + + +JUDAS ISCARIOT ([Greek: Ioudas Iskariôtês] or [Greek: Iskariôth]), in +the Bible, the son of Simon Iscariot (John vi. 71, xiii. 26), and one of +the twelve apostles. He is always enumerated last with the special +mention of the fact that he was the betrayer of Jesus. If the generally +accepted explanation of his surname ("man of Kerioth"; see Josh. xv. 25) +be correct, he was the only original member of the apostolic band who +was not a Galilean. The circumstances which led to his admission into +the apostolic circle are not stated; while the motives by which he was +actuated in enabling the Jewish authorities to arrest Jesus without +tumult have been variously analysed by scholars. According to some (as +De Quincey in his famous _Essay_) the sole object of Judas was to place +Jesus in a position in which He should be compelled to make what had +seemed to His followers the too tardy display of His Messianic power: +according to others (and this view seems more in harmony with the Gospel +narratives) Judas was an avaricious and dishonest man, who had already +abused the confidence placed in him (John xii. 6), and who was now +concerned only with furthering his own ends. + +As regards the effects of his subsequent remorse and the use to which +his ill-gotten gains were put, the strikingly apparent discrepancies +between the narratives of Matt. xxvii. 3, 10 and Acts i. 18, 19 have +attracted the attention of biblical scholars, ever since Papias, in his +fourth book, of which a fragment has been preserved, discussed the +subject. The simplest explanation is that they represent different +traditions, the Gospel narrative being composed with more special +reference to prophetic fulfilments, and being probably nearer the truth +than the short explanatory note inserted by the author of the Acts (see +Bernard, _Expositor_, June 1904, p. 422 seq.). In ecclesiastical legend +and in sacred art Judas Iscariot is generally treated as the very +incarnation of treachery, ingratitude and impiety. The Middle Ages, +after their fashion, supplied the lacunae in what they deemed his too +meagre biography. According to the common form of their story, he +belonged to the tribe of Reuben.[1] Before he was born his mother +Cyborea had a dream that he was destined to murder his father, commit +incest with his mother, and sell his God. The attempts made by her and +her husband to avert this curse simply led to its accomplishment. At his +birth Judas was enclosed in a chest and flung into the sea; picked up on +a foreign shore, he was educated at the court until a murder committed +in a moment of passion compelled his flight. Coming to Judaea, he +entered the service of Pontius Pilate as page, and during this period +committed the first two of the crimes which had been expressly foretold. +Learning the secret of his birth, he, full of remorse, sought the +prophet who, he had heard, had power on earth to forgive sins. He was +accepted as a disciple and promoted to a position of trust, where +avarice, the only vice in which he had hitherto been unpractised, +gradually took possession of his soul, and led to the complete +fulfilment of his evil destiny. This Judas legend, as given by Jacobus +de Voragine, obtained no small popularity; and it is to be found in +various shapes in every important literature of Europe. + + For the history of its genesis and its diffusion the reader may + consult D'Ancona, _La leggenda di Vergogna e la leggenda di Giuda_ + (1869), and papers by W. Creizenach in Paul and Braune's _Beitr. zur + Gesch. der deutschen Sprache und Litteratur_, vol. ii. (1875), and + Victor Diederich in _Russiche Revue_ (1880). Cholevius, in his + _Geschichte der deutschen Poesie nach ihren antiken Elementen_ (1854), + pointed out the connexion of the legend with the Oedipus story. + According to Daub (_Judas Ischariot, oder Betrachtungen über das Böse + im Verhältniss zum Guten_, 1816, 1818) Judas was "an incarnation of + the devil," to whom "mercy and blessedness are alike impossible." + + The popular hatred of Judas has found strange symbolical expression in + various parts of Christendom. In Corfu, for instance, the people at a + given signal on Easter Eve throw vast quantities of crockery from + their windows and roofs into the streets, and thus execute an + imaginary stoning of Judas (see Kirkwall, _Ionian Islands_, ii. 47). + At one time (according to Mustoxidi, _Delle cose corciresi_) the + tradition prevailed that the traitor's house and country villa existed + in the island, and that his descendants were to be found among the + local Jews. + + Details in regard to some Judas legends and superstitions are given in + _Notes and Queries_, 2nd series, v., vi. and vii.; 3rd series, vii.; + 4th series, i.; 5th series, vi. See also a paper by Professor Rendel + Harris entitled "Did Judas really commit suicide?" in the _American + Journal of Philology_ (July 1900). Matthew Arnold's poem "St Brandan" + gives fine expression to the old story that, on account of an act of + charity done to a leper at Joppa, Judas was allowed an hour's respite + from hell once a year. (G. Mi.) + + +FOOTNOTE: + + [1] Other forms make him a Danite, and consider the passage in + Genesis (xlix. 17) a prophecy of the traitor. + + + + +JUDAS-TREE, the _Cercis siliquastrum_ of botanists, belonging to the +section _Caesalpineae_ of the natural order Leguminosae. It is a native +of the south of France, Spain, Portugal, Italy, Greece and Asia Minor, +and forms a handsome low tree with a flat spreading head. In Spring it +is covered with a profusion of purplish-pink flowers, which appear +before the leaves. The flowers have an agreeable acid taste, and are +eaten mixed with salad or made into fritters. The tree was frequently +figured by the older herbalists. One woodcut by Castor Durante has the +figure of Judas Iscariot suspended from one of the branches, +illustrating the popular tradition regarding this tree. A second +species, _C. canadensis_, is common in North America from Canada to +Alabama and eastern Texas, and differs from the European species in its +smaller size and pointed leaves. The flowers are also used in salads and +for making pickles, while the branches are used to dye wool a nankeen +colour. + + + + +JUDD, SYLVESTER (1813-1853) American Unitarian clergyman and author, was +born in Westhampton, Massachusetts, on the 23rd of July 1813. He bore +the same name as his father and grandfather; the former (1789-1860) made +an especial study of local history of the towns of the Connecticut +valley, and wrote a _History of Hadley_ (1863). The son lived in +Northampton after his tenth year, was converted in a revival there in +1826, graduated from Yale in 1836, and taught in 1836 at Templeton, +Mass., where he first met Unitarians and soon found the solution of his +theological difficulties in their views. He entered the Harvard divinity +school, from which he graduated in 1840. In the same year he was +ordained pastor of the Unitarian church of Augusta, Maine, where he died +on the 26th of January 1853. His widest reputation was as the author of +_Margaret, a Tale of the Real and the Ideal, including Sketches of a +place not before described, called Mons Christi_ (1845; revised 1851), +written to exhibit the errors of Calvinistic and all trinitarian +theology, and the evils of war, intemperance, capital punishment, the +prison system of the time, and the national treatment of the Indians. +This story, published anonymously, attracted much attention by its true +descriptions of New England life and scenery as well as by its author's +earnest purpose. _Richard Edney and the Governor's Family_ (1850) is in +much the same vein as _Margaret_. A poem entitled _Philo, an Evangeliad_ +(1850) is a versified defence of Unitarianism. He published, besides, +_The Church, in a Series of Discourses_ (1854). As a preacher and pastor +he urged the desirability of infant baptism. He lectured frequently on +international peace and opposed slavery. + +See Arethusa Hall, _Life and Character of the Rev. Sylvester Judd_ +(Boston, 1857) published anonymously. + + + + +JUDE, THE GENERAL EPISTLE OF, a book of the New Testament. As with the +epistle of James, the problems of the writing centre upon the +superscription, which addresses in Pauline phraseology (1 Thess. i. 4; 2 +Thess. ii. 13; Rom. i. 7; 1 Cor. 1. 2) the Christian world in general in +the name of "Jude, the brother of James" (Matt. xiii. 55; Mark vi. 3). +The historical situation depicted must then fall within the lifetime of +this Judas, whose two grandchildren Zoker and James (Hegesippus _ap._ +Phil. Sidetes) by their testimony before the authorities brought to an +end the (Palestinian) persecution of Domitian (Hegesippus _ap._ Eus. _H. +E._ iii. 20, 7). These two grandsons of Judas thereafter "lived until +the time of Trajan," ruling the churches "because they had (thus) been +witnesses (martyrs) and were also relatives of the Lord." But in that +case we must either reject the testimony of the same Hegesippus that up +to their death, and that of Symeon son of Clopas, successor in the +Jerusalem see of James the Lord's brother, "who suffered martyrdom at +the age of one hundred and twenty years while Trajan was emperor and +Atticus governor," "the church (universal) had remained a pure and +uncorrupted virgin" free from "the folly of heretical teachers"; or else +we must reject the superscription, which presents the grandfather in +vehement conflict with the very heresies in question. For the testimony +of Hegesippus is explicit that at the time of the arrest of Zoker and +James they were all who survived of the kindred of the Lord. True, there +is confusion in the narrative of Hegesippus, and even a probability that +the martyrdom of Symeon dated under Trajan really took place in the +persecution of Domitian, before the arrest of the grandsons of Jude, for +apart from the alleged age of Symeon (the traditional Jewish limit of +human life, Gen. vi. 3, Deut. xxxiv. 7), the cause of his apprehension +"on the ground that he was _a descendant of David_ and a Christian" +(Hegesippus _ap._ Eus. _H. E._ iii. 32, 3) is inconsistent with both the +previous statements regarding the "martyrdom" of Zoker and James, that +they were cited as the only surviving Christian Davididae, and that the +persecution on this ground collapsed through the manifest absurdity of +the accusation. But even if we date the rise of heresies in the reign of +Domitian instead of Trajan,[1] the attributing of this epistle against +corrupting heresy to "Jude the brother of James" will still be +incompatible with the statements of Hegesippus, our only informant +regarding his later history. + +The Greek of Jude is also such as to exclude the idea of authorship in +Palestine by an unschooled Galilean, at an early date in church history. +As F. H. Chase has pointed out: (1) the terms [Greek: klêtoi, sôtêria, +pistis], have attained their later technical sense; (2) "the writer is +steeped in the language of the LXX.," employing its phraseology +independently of other N.T. writers, and not that of the canonical books +alone, but of the broader non-Palestinian canon; (3) "he has at his +command a large stock of stately, sonorous, sometimes poetical words," +proving him a "man of some culture, and, as it would seem, not without +acquaintance with Greek writers." + +If the superscription be not from the hand of the actual brother of +Jesus, the question may well be asked why some apostolic name was not +chosen which might convey greater authority? The answer is to be found +in the direction toward which the principal defenders of orthodoxy in +100-150 turned for "the deposit of the faith" (Jude 3) in its purity. +The Pastoral Epistles point to "the pattern of sound words, even the +sayings of our Lord Jesus Christ." (1 Tim. vi. 3, &c.), as the arsenal +of orthodoxy against the same foe (with 1 Tim. vi. 3-10; cf. Jude 4, 11, +16, 18 seq.). Ignatius's motto is to "be inseparable from Jesus Christ +and from your bishop" (_ad Trall._ vii.), Polycarp's, to "turn unto the +word delivered unto us from the beginning" (cf. Jude 3; 1 John ii. 7, +iii. 23, iv. 21), "the oracles of the Lord," which the false teachers +"pervert to their own lusts." Papias, his [Greek: hetairos] (Irenaeus), +turns in fact from "the vain talk of the many," and from the "alien +commandments" to such as were "delivered by the Lord to the faith," +offering to the Christian world his _Interpretation of the Lord's +Oracles_ based upon personal inquiry from those who "came his way," who +could testify as to apostolic tradition. Hegesippus, after a journey to +all the principal seats of Christian tradition, testifies that all are +holding to the true doctrine as transmitted at the original seat, where +it was witnessed first by the apostles and afterwards by the kindred of +the Lord and "witnesses" of the first generation. All these writers in +one form or other revert to the historic tradition against the licence +of innovators. Hegesippus indicates plainly the seat of its authority. +For the period before the adoption of a written standard the resort was +not so much to "apostles" as to "disciples" and "witnesses." The appeal +was to "those who from the beginning had been eyewitnesses and ministers +of the word" (Luke i. 2); and these were to be found primarily (until +the complete destruction of that church during the revolt of Barcochebas +and its suppression by Hadrian) in the mother community in Jerusalem +(cf. Acts xv. 2). Its life is the measure of the period of oral +tradition, whose requiem is sung by Papias. Hegesippus (_ap._ Eus. _H. +E._ iii. 32, 7 seq.) looks back to it as the safe guardian of the +deposit "of the faith" against all the depredations of heresy which +"when the sacred college of apostles had suffered death in various +forms, and the generation of those that had been deemed worthy to hear +the inspired wisdom with their own ears had passed away ... attempted +thenceforth with a bold face, to proclaim, in opposition to the +preaching of the truth, 'the knowledge which is falsely so-called +([Greek: pseudônymos gnôsis]).'" For an appeal like that of our epistle +to the authority of the past against the moral laxity and antinomian +teaching of degenerate Pauline churches in the Greek world, the natural +resort after Paul himself (Pastoral Epp.) would be the "kindred of the +Lord" who were the "leaders and witnesses in every church" in Palestine. +Doubtless the framer of Jude 1 would have preferred the aegis of "James +the Lord's brother," if this, like that of Paul, had not been already +appropriated. Failing this, the next most imposing was "Judas, the +brother of James." + +The superscription in the case of Jude, unlike that of James, takes hold +of the substance of the book. Verse 3 and the farewell (v. 24 seq.) show +that Jude was composed from the start as an "epistle." If this +appearance be not fallacious, the obvious relation between the two +superscriptions will be best explained by the supposition that the +author of Jude gave currency to the existing homily (James) before +composing under the pseudonym of Jude. On the interconnexion of the two +see Sieffert, _s.v._ "Judasbrief" in Hauck, _Realencykl._ vol. ix. + +Judas is conceived as cherishing the intention of discussing for the +benefit of the Christian world (for no mere local church is addressed) +the subject of "our common salvation" (the much desiderated +authoritative definition of the orthodox faith), but diverted from this +purpose by the growth of heresy. + +Few writings of this compass afford more copious evidence of date in +their literary affinities. The references to Enoch (principally ver. 14 +seq. = _Eth. En._ i. 9, but cf. F. H. Chase, _s.v._ "Jude" in Hastings's +_Dict. Bible_) and the _Assumption of Moses_ (v. 9) have more a +geographical than a chronological bearing, the stricter canon of +Palestine excluding these apocryphal books of 90 B.C. to A.D. 40; but +the Pauline writings are freely employed, especially 1 Cor. x. 1-13, +Rom. xvi. 25 seq., and probably Eph. and Col. Moreover, the author +explicitly refers to the apostolic age as already past, and to the +fulfilment of the Pauline prediction (1 Tim. iv. 1 sqq.) of the advent +of heresy (v. 17 seq.). The Pauline doctrine of "grace" has been +perverted to lasciviousness, as by the heretics whom Polycarp opposes +(_Ep. Polyc._ vii.), and this doctrine is taught for "hire" (vv. 11, 12, +16; cf. 1 Tim. vi. 5). The unworthy "shepherds" (v. 12; cf. Ezek. xxxiv. +8; John x. 12 seq.) live at the expense of their flocks, polluting the +"love-feasts," corrupting the true disciples. According to Clement of +Alexandria this was written prophetically to apply to the Carpocratians, +an antinomian Gnostic sect of _c._ 150; but hyper-Paulinists had given +occasion to similar complaints already in Rev. ii. 14, 20 (95). Thus +Paulinism and its perversion alike are in the past. As regards the +undeniable contact of _Didache_ ii. 7 with Jude 22 seq. (cf. _Didache_, +iv. 1, Jude 8) priority cannot be determined; and the use of 1 John iii. +12 in Jude 11 is doubtful. + +On the other hand, practically the whole of Jude is taken up into 2 +Pet., the author merely avoiding, so far as he discovers them, the +quotations from apocryphal writings, and prefixing and affixing sections +of his own to refute the heretical eschatology. On the priority of Jude +see especially against Spitta _Zur Gesch. u. Litt. d. Urchristenthums_, +ii. 409-411, F. H. Chase, _loc. cit._ p. 803. (On 2 Pet. see PETER +EPISTLES OF.) Unfortunately, the date of 2 Pet. cannot be determined as +earlier than late in the second century, so that we are thrown back upon +internal evidence for the inferior limit. + +The treatment of the heresy as the anti-Christ who precedes "the last +hour" (v. 18), reminds us of 1 John ii. 18, but it is indicative of +conditions somewhat less advanced that the heretics have not yet "gone +out from" the church. The treatment of the apostolic age as past, and +the deposit of the faith as a _regula fidei_ (cf. Ign. _ad Trall._ ix.), +the presence of antinomian Gnosticism, denying the doctrine of lordship +and "glories" (v. 8), with "discriminations" between "psychic" and +"pneumatic" (v. 19), strongly oppose a date earlier than 100. + +Sieffert, on account of the superscription, would date as early as +70-80, but acknowledges the hyper-Pauline affinity of the heresy, its +propagation as a doctrine, and close relation to the Nicolaitan of Rev. +ii. 14. To these phenomena he gives accordingly a correspondingly early +date. The nature of the heresy, opposed, however, and the resort to the +authority of Jude "the brother of James" against it, favour rather the +period of Polycarp and Papias (117-150). + +The history of the reception of the epistle into church canons is +similar to that of James, beginning with a quotation of it as the work +of Jude by Clement of Alexandria (_Paed._ iii. 8), a reference by +Tertullian (_De cult. fem._ i. 3), and a more or less hesitant +endorsement by Origen ("if one might adduce the epistle of Jude," _In +Matt._ tom. xvii. 30) and by the _Muratorianum_ (_c._ 200), which +excepts Jude and 2 and 3 John from its condemnation of apocryphal +literature, placing it on a par with the Wisdom of Solomon "which was +written by friends of his in his honour." The use of apocryphal +literature in Jude itself may account for much of the critical +disposition toward it of many subsequent writers. Eusebius classed it +among the "disputed" books, declaring that as with James "not many of +the ancients have mentioned it" (_H. E._ ii. 23, 25). + + The _Introd. to the New Test._ by Holtzmann, Jülicher, Weiss, Zahn, + Davidson, Salmon, Bacon and the standard _Commentaries_ of Meyer and + Holtzmann, the _International_ (Bigg) and other series, contain + discussions of authorship and date. The articles s.v. in Hastings's + _Dict. Bible_ (Chase) and the _Ency. Bib._ (Cone) are full and + scholarly. In addition the _Histories of the Apostolic Age_, by + Hausrath, Weizsäcker, McGiffert, Bartlet, Ropes and others, and the + kindred works of Baur, Schwegler and Pfleiderer should be consulted. + Moffat's _Historical New Testament_, 2nd ed., p. 589, contains a + convenient summary of the evidence with copious bibliography. One of + the most thorough of conservative treatments is the _Commentary on + Jude and Second Peter_ by J. B. Mayor (1907). (B. W. B.) + + +FOOTNOTE: + + [1] On this point (date of the outbreak of heresy) there is some + inconsistency in the reported fragments of Hegesippus. In that quoted + below from Eus. _H. E._ iii. 32. 7 seq., it is expressly dated after + the martyrdom of Symeon and death of the grandsons of Jude under + Trajan. In iii. 19 the "ancient tradition" attributing the + denunciation of these to "some of the heretics" is perhaps not from + Hegesippus; but in iv. 22 the beginning of heresy is traced to a + certain Thebuthis, a candidate for the bishopric after the death of + James, as rival to Symeon. The same figure of the church as a pure + virgin is also used as in iii. 32. But as it is only the envious + feeling of Thebuthis which is traced to this early date, Hegesippus + doubtless means to place the outbreak later. + + + + +JUDGE (Lat. _judex_, Fr. _juge_), in the widest legal sense an officer +appointed by the sovereign power in a state to administer the law; in +English practice, however, justices of the peace and magistrates are not +usually regarded as "judges" in the titular sense. The duties of the +judge, whether in a civil or a criminal matter, are to hear the +statements on both sides in open court, to arrive at a conclusion as to +the truth of the facts submitted to him or, when a jury is engaged, to +direct the jury to find such a conclusion, to apply to the facts so +found the appropriate rules of law, and to certify by his judgment the +relief to which the parties are entitled or the obligations or penalties +which they have incurred. With the judgment the office of the judge is +at an end, but the judgment sets in motion the executive forces of the +state, whose duty it is to carry it into execution. + +Such is the type of a judicial officer recognized by mature systems of +law, but it is not to be accepted as the universal type, and the +following qualifying circumstances should be noticed: (1) in primitive +systems of law the judicial is not separated from the legislative and +other governing functions; (2) although the judge is assumed to take the +law from the legislative authority, yet, as the existing law never at +any time contains provision for all cases, the judge may be obliged to +invent or create principles applicable to the case--this is called by +Bentham and the English jurists judge-made and judiciary law; (3) the +separation of the function of judge and jury, and the exclusive charge +of questions of law given to the judge, are more particularly +characteristic of the English judicial system. During a considerable +period in the history of Roman law an entirely different distribution of +parts was observed. The adjudication of a case was divided between the +_magistratus_ and the _judex_, neither of whom corresponds to the +English judge. The former was a public officer charged with the +execution of the law; the latter was an arbitrator whom the magistrates +commissioned to hear and report upon a particular case. + +The following are points more specially characteristic of the English +system and its kindred judicial systems: (1) Judges are absolutely +protected from action for anything that they may do in the discharge of +their judicial duties. This is true in the fullest sense of judges of +the supreme courts. "It is a principle of English law that no action +will lie against a judge of one of the superior courts for a judicial +act, though it be alleged to have been done maliciously and corruptly." +Other judicial officers are also protected, though not to the same +extent, against actions. (2) The highest class of judges are irremovable +except by what is in effect a special act of parliament, viz. a +resolution passed by both houses and assented to by the sovereign. The +inferior judges and magistrates are removable for misconduct by the lord +chancellor. (3) The judiciary in England is not a separate profession. +The judges are chosen from the class of advocates, and almost entirely +according to their eminence at the bar. (4) Judges are in England +appointed for the most part by the crown. In a few cases municipal +corporations may appoint their own judicial officer. + + See also LORD HIGH CHANCELLOR; LORD CHIEF JUSTICE; MASTER OF THE + ROLLS, &c., &c., and the accounts of judicial systems under country + headings. + + + + +JUDGE-ADVOCATE-GENERAL, an officer appointed in England to assist the +Crown with advice in matters relating to military law, and more +particularly as to courts-martial. In the army the administration of +justice as pertaining to discipline is carried out in accordance with +the provisions of military law, and it is the function of the +judge-advocate-general to ensure that these disciplinary powers are +exercised in strict conformity with that law. Down to 1793 the +judge-advocate-general acted as secretary and legal adviser to the board +of general officers, but on the reconstitution of the office of +commander-in-chief in that year he ceased to perform secretarial duties, +but remained chief legal adviser. He retained his seat in parliament and +in 1806 he was made a member of the government and a privy councillor. +The office ceased to be political in 1892, on the recommendation of the +select committee of 1888 on army estimates, and was conferred on Sir F. +Jeune (afterwards Lord St Helier). There was no salary attached to the +office when held by Lord St Helier, and the duties were for the most +part performed by deputy. On his death in 1905, Thomas Milvain, K.C., +was appointed, and the terms and conditions of the post were rearranged +as follows: (1) A salary of £2000 a year; (2) the holder to devote his +whole time to the duties of the post; (3) the retention of the post +until the age of seventy, subject to continued efficiency--but with +claim to gratuity or pension on retirement. The holder was to be +subordinate to the secretary of state for war, without direct access to +the sovereign. The appointment is conferred by letters-patent, which +define the exact functions attaching to the office, which practically +are the reviewing of the proceedings of all field-general, general and +district courts-martial held in the United Kingdom, and advising the +sovereign as to the confirmation of the finding and sentence. The deputy +judge-advocate is a salaried official in the department of the +judge-advocate-general and acts under his letters-patent. A separate +judge-advocate-general's department is maintained in India, where at one +time deputy judge-advocates were attached to every important command. +All general courts-martial held in the United Kingdom are sent to the +judge-advocate-general, to be by him submitted to the sovereign for +confirmation; and all district courts-martial, after having been +confirmed and promulgated, are sent to his office for examination and +custody. The judge-advocate-general and his deputy, being judges in the +last resort of the validity of the proceedings of courts-martial, take +no part in their conduct; but the deputy judge-advocates frame and +revise charges and attend at courts-martial, swear the court, advise +both sides on law, look after the interests of the prisoner and record +the proceedings. In the English navy there is an official whose +functions are somewhat similar to those of the judge-advocate-general. +He is called counsel and judge-advocate of the fleet. + +In the United States there is also a judge-advocate-general's +department. In addition to being a bureau of military justice, and +keeping the records of courts-martial, courts of inquiry and military +commissions, it has the custody of all papers relating to the title of +lands under the control of the war department. The officers of the +department, in addition to acting as prosecutors in all military trials, +sometimes represent the government when cases affecting the army come up +in civil courts. + + See further MILITARY LAW, and consult C. M. Clode, _Administration of + Justice under Military and Martial Law_ (1872); _Military Forces of + the Crown_ (2 vols., 1869). + + + + +JUDGES, THE BOOK OF, in the Bible. This book of the Old Testament, +which, as we now read it, constitutes a sequel to the book of Joshua, +covering the period of history between the death of this conqueror and +the birth of Samuel, is so called because it contains the history of the +Israelites before the establishment of the monarchy, when the government +was in the hands of certain leaders who appear to have formed a +continuous succession, although the office was not hereditary. The only +other biblical source ascribed to this period is Ruth, whose present +position as an appendix to Judges is not original (see BIBLE and RUTH). + +_Structure._--It is now generally agreed that the present adjustment of +the older historical books of the Old Testament to form a continuous +record of events from the creation to the Babylonian exile is due to an +editor, or rather to successive redactors, who pieced together and +reduced to a certain unity older memoirs of very different dates; and +closer examination shows that the continuity of many parts of the +narrative is more apparent than real. This is very clearly the case in +the book of Judges. It consists of three main portions: (1) an +introduction, presenting one view of the occupation of Palestine by the +Israelites (i. 1-ii. 5); (2) the history of the several judges (ii. +6-xvi.); and (3) an appendix containing two narratives of the period. + +1. The first section relates events which are said to have taken place +after the death of Joshua, but in reality it covers the same ground with +the book of Joshua, giving a brief account of the occupation of Canaan, +which in some particulars repeats the statements of the previous book, +while in others it is quite independent (see JOSHUA). It is impossible +to regard the warlike expeditions described in this section as +supplementary campaigns undertaken after Joshua's death; they are +plainly represented as the first efforts of the Israelites to gain a +firm footing in the land (at Hebron, Debir, Bethel), in the very cities +which Joshua is related to have subdued (Josh. x. 39).[1] Here then we +have an account of the settlement of Israel west of the Jordan which is +parallel to the book of Joshua, but makes no mention of Joshua himself, +and places the tribe of Judah in the front. The author of the chapter +cannot have had Joshua or his history in his eye at all, and the words +"and it came to pass after the death of Joshua" in Judg. i. 1 are from +the hand of the last editor, who desired to make the whole book of +Judges, including ch. i., read continuously with that which now precedes +it in the canon of the earlier prophets.[2] + +2. The second and main section (ii. 6-xvi.) stands on quite another +footing. According to Josh. xxiv. 31 the people "served Yahweh" during +the lifetime of the great conqueror and his contemporaries. In Judg. ii. +7 this statement is repeated, and the writer proceeds to explain that +subsequent generations fell away from the faith, and served the gods of +the nations among which they dwelt (ii. 6-iii. 6). The worship of other +gods is represented, not as something which went on side by side with +Yahweh-worship (cf. x. 6), but as a revolt against Yahweh, periodically +repeated and regularly chastised by foreign invasion. The history, +therefore, falls into recurring cycles, each of which begins with +religious corruption, followed by chastisement, which continues until +Yahweh, in answer to the groans of his oppressed people, raises up a +"judge" to deliver Israel, and recall them to the true faith. On the +death of the "judge," if not sooner, the corruption spreads anew and the +same vicissitudes follow. This religious explanation of the course of +the history, formally expounded at the outset and repeated in more or +less detail from chapter to chapter (especially vi. 1-10, x. 6-18), +determines the form of the whole narrative. It is in general agreement +with the spirit as also with the language of Deuteronomy, and on this +account this section may be conveniently called "the Deuteronomic Book +of Judges." But the main religious ideas are not so late and are rather +akin to those of Josh. xxiv; in particular the worship of the high +places is not condemned, nor is it excused as in 1 Kings iii. 2. The +sources of the narrative are obviously older than the theological +exposition of its lessons, and herein lies the value and interest of +Judges. The importance of such documents for the scientific historian +lies not so much in the events they record as in the unconscious witness +they bear to the state of society in which the narrator or poet lived. +From this point of view the parts of the book are by no means all of +equal value; critical analysis shows that often parallel or distinct +narratives have been fused together, and that, whilst the older stories +gave more prominence to ordinary human motives and combinations, the +later are coloured by religious reflection and show the characteristic +tendency of the Old Testament to re-tell the fortunes of Israel in a +form that lays ever-increasing weight on the work of Yahweh for his +people. That the pre-Deuteronomic sources are to be identified with the +Judaean (J, or Yahwist) and Ephraimite (E, or Elohist) strands of the +Hexateuch is, however, not certain. + +To the unity of religious pragmatism in the main stock of the book of +Judges corresponds a unity of chronological scheme. The "judges," in +spite of the fact that most of them had clearly no more than a local +influence, are all represented as successive rulers in Israel, and the +history is dated by the years of each judgeship and those of the +intervening periods of oppression. But it is impossible to reconcile the +numbers with the statement elsewhere that the fourth year of Solomon was +the 480th from the exodus (1 Kings vi. 1). See BIBLE: _Chronology_. + + The general introduction (ii. 6-iii. 6) is a blend of Deuteronomic and + other sources. The intimate relation between it and the separate + narratives (Josh. xxiv. 1-27, a late [Ephraimite] record inserted by a + second Deuteronomic hand, and xxiii., D) appears both from their + contents and from the fact that Judg. ii. 6-10 is almost identical + with the narrative appended to Joshua's address (Joshua xxiv. 28-31). + Judg. i.-ii. 5, however, is not touched by D, and hence was probably + inserted in its present position at a later date. According to the + highly intricate introduction the Hebrews were oppressed: (a) to + familiarize them with warfare--it is assumed that they had + intermarried with the Canaanites and worshipped their gods (iii. 2, + 6); (b) to test their loyalty to Yahweh (ii. 22; iii. 1); or (c) to + punish them for their marriage with the heathen and their apostasy (D + in ii. 12; cf. Josh. xxiii., and ibid. v. 12). + + To this succeeds a noteworthy example of the Deuteronomic treatment of + tradition in the achievement of Othniel (q.v.) the only Judaean + "judge." The bareness of detail, not to speak of the improbability of + the situation, renders its genuineness doubtful, and the passage is + one of the indications of a secondary Deuteronomic redaction. The + case, however, is exceptional; the stories of the other great "judges" + were not rewritten or to any great extent revised by the Deuteronomic + redactor, and his hand appears chiefly in the framework.[3] Thus, in + the story of Ehud and the defeat of Moab only iii. 12-15, 29-30 are + Deuteronomic. But the rest is not homogeneous, vv. 19 and 20 appear to + be variants, and the mention of Israel (v. 27b) is characteristic of + the tendency to treat local troubles as national oppressions, whereas + other records represent little national unity at this period (i., v.). + See further EHUD. + + According to the Septuagint addition to Josh. xxiv. 33, Moab was the + first of Israel's oppressors. The brief notice of Shamgar, who + delivered Israel from the Philistines (iii. 31), is one of the later + insertions, and in some MSS. of the LXX. it stands after xvi. 31. The + story of the defeat of Sisera appears in two distinct forms, an + earlier, in poetical form (v.), and a later, in prose (iv.). D's + framework is to be recognized in iv. 1-4, 23 seq., v. 1 (probably), 31 + (last clause); see further DEBORAH. The Midianite oppression + (vi.-viii.) is contained in the usual frame (vi. 1-6; viii. 27 seq.), + but is not homogeneous, since viii. 4, the pursuit of the kings, + cannot be the sequel of viii. 3 (where they have been slain), and + viii. 33-35 ignores ix. The structure of vi. 1-viii. 3 is particularly + intricate: vi. 25-32 does not continue vi. 11-24 (there are two + accounts of Gideon's introduction and divergent representations of + Yahweh-worship); vi. 34 forms the sequel of the latter, and vi. 36-40 + (with "God") is strange after the description of the miracle in vv. 21 + seq. (with "Yahweh"). Further, there are difficulties in vi. 34, vii. + 23 seq., viii. 1, when compared with vii. 2-8, and in vii. 16-22 two + stratagems are combined. There are two sequels: vii. 23 seq. and viii. + 4; with the former contrast vi. 35; with viii. 1-3 cf. xii. 1-6, and + see below. Chapter viii. 22 seq. comes unexpectedly, and the refusal + of the offer of the kingship reflects later ideas (cf. 1 Sam. viii. 7; + x. 19; xii. 12, 17). The conclusion, however, shows that Jerubbaal had + only a local reputation. Finally, the condemnation of the ephod as + part of the worship of Yahweh (viii. 27) agrees with the thought in + vi. 25-32 as against that in vi. 11-24. (See EPHOD; GIDEON.) Chapter + ix. (see ABIMELECH) appears to have been wanting in the Deuteronomic + book of Judges, but inserted later perhaps by means of the + introduction, viii. 30-32 (post-exilic). It has two accounts of the + attack upon Shechem (lx. 26-41 and 42-49). + + After a brief notice of two "minor judges" (see below), follows the + story of Jephthah. It concludes with the usual Deuteronomic formula + (xii. 7), but is prefaced by a detailed introduction to the oppression + of Israel (x. 6 sqq.). By the inclusion of the Philistines among the + oppressors, and of Judah, Benjamin and Ephraim among the oppressed (x. + 7, 9), it appears to have in view not merely the story of Samson, a + hero of local interest, but the early chapters in 1 Samuel. This + introduction is of composite origin (as also ii. 6-21; Josh. + xxiii.-xxiv. 25), but a satisfactory analysis seems impossible. As it + stands, it has literary connexions with the late narrative in 1 Sam. + (vii. seq., xii.), and appears to form the preface to that period of + history which ended with Samuel's great victory and the institution of + the monarchy. But this belongs to a later scheme (see SAMUEL), and the + introduction in its earlier form must have been the prelude to earlier + narratives.[4] The story of Jephthah's fight with Ammon is linked to + the preceding introduction by x. 17 seq.; for the framework see x. 6 + (above), xii. 7. Chapter xi. 12-28 (cf. Num. xx. seq.) is applicable + only to Moab, vv. 29 and 32 are variants, and Jephthah's home is + placed variously in Tob. (xi. 3) and Mizpeh (v. 34). In xi. 1-10 the + outlaw stipulates that he shall be chief of Gilead if successful, but + in vv. 12-28 a ruler speaks on behalf of Israel. Both Moab and Ammon + had good reason to be hostile to Gilead (Num. xxi.), but the scene of + the victory points rather to the former (v. 33, possibly conflate). + There is a general resemblance between the victories of Gideon and + Jephthah, which is emphasized by the close relation between viii. 1-3 + and xii. 1-6, the explanation of which in its present context is + difficult. See further JEPHTHAH. + + The old stories of Samson the Danite have been scarcely touched by the + redaction (xiii. 1; xv. 20; xvi. 31b, where he is a "judge"); only + xiii. appears to be rather later (v. 5 represents him as a forerunner + of Samuel and Saul), and gives a rather different impression of the + hero of the folk-tales. The cycle illustrates some interesting customs + and is in every way valuable as a specimen of popular narrative. See + SAMSON. + + Grouped among these narratives are the five so-called "minor judges" + (x. 1-5; xii. 8-15). By the addition of Shamgar (iii. 31) the number + is made to agree with the six more important names. They are not + represented as having any immediate religious importance; they really + lie outside of the chronological scheme, and their history is plainly + not related from such lively and detailed reminiscence as gives charm + to the longer episodes of the book. The notices are drawn up in set + phraseology, and some of the names, in harmony with a characteristic + feature of early Hebrew history, are those of personified families of + communities rather than of families.[5] + +3. The third and last section of the book embraces chapters xvii.-xxi., +and consists of two narratives independent of one another and of the +main stock of the book, with which they are not brought into any +chronological connexion. They appear to owe their position to the latest +redactor (akin to the latest stratum in the Hexateuch) who has heavily +worked over xix-xxi., and put the book into its present form by the +addition of i.-ii. 5, ix. and possibly of v.[6] + + The first narrative, that of Micah and the Danites, is of the highest + interest both as a record of the state of religion and for the picture + it gives of the way in which one clan passed from the condition of an + invading band into settled possession of land and city. Its interest + (xvii. seq.) lies in the foundation of the Ephraimite sanctuary by + Micah as also in that of Dan. There are some repetitions in the + account, but there is not enough evidence to restore two complete + stories. The history of the Levite and the Benjamites is of quite + another character, and presupposes a degree of unity of feeling and + action among the tribes of Israel which it is not easy to reconcile + with the rest of the book. In its present form this episode appears to + be not very ancient; it resembles Ruth in giving a good deal of + curious archaeological detail (the feast at Shiloh) in a form which + suggests that the usages referred to were already obsolete when the + narrative was composed. It appears to consist of an old story which + has been heavily revised to form an edifying piece of exposition. The + older parts are preserved in xix.: the account of the Levite of Mt + Ephraim whose concubine from Bethlehem in Judah was outraged, not by + the non-Israelite Jebusites of Jerusalem, but by the Benjamites of + Gibeah; there are traces of another source in vv. 6-8, 10, 13, 15. The + older portions of xx. seq. include: the vengeance taken by Israel + (e.g. xx. 3-8, 14, 19, 29, 36-41, 47), and the reconstruction of the + tribe by intermarriage with the women of Shiloh (xxi. 1, 15, 17-19, + 21-23). The post-exilic expansions (found chiefly in xx., xxi. 2-14, + 16, 24 seq.) describe the punishment of Benjamin by the religious + assembly and the massacre of Jabesh-Gilead for its refusal to join + Israel, four hundred virgins of the Gileadites being saved for + Benjamin. How much old tradition underlies these stories is + questionable. It is very doubtful whether Hosea's allusion to the + depravity of Gibeah (ix. 9; x. 9) is to be referred hither, but it is + noteworthy that whilst Gibeah and Jabesh-Gilead, which appear here in + a bad light, are known to be associated with Saul, the sufferer is a + Levite of Bethlehem, the traditional home of David. The account of the + great fight in xx. is reminiscent of Joshua's battle at Ai (Josh. + vii.-viii.). + +_Historical Value_.--The book of Judges consists of a number of +narratives collected by Deuteronomic editors; to the same circles are +due accounts of the invasions of Palestine and settlement in Joshua, and +of the foundation of the monarchy in 1 Samuel. The connexion has been +broken by the later insertion of matter (not necessarily of late date +itself), and the whole was finally formed into a distinct book by a +post-exilic hand. The dates of the older stories preserved in ii. 6-xvi. +6 are quite unknown. If they are trustworthy for the period to which +they are relegated (approximately 14th-12th cent. B.C.) they are +presumably of very great antiquity, but if they belong to the sources J +and E of the Hexateuch (at least some four or five centuries later) +their value is seriously weakened. On the other hand, the belief that +the monarchy had been preceded by national "judges" may have led to the +formation of the collection. It is evident that there was more than one +period in Israelite history in which one or other of these stories of +local heroes would be equally suitable. They reflect tribal rivalry and +jealousy (cf. Isa. ix. 21, and the successors of Jeroboam 2), attacks by +nomads and wars with Ammon and Moab; conflicts between newly settled +Israelites and indigenous Canaanites have been suspected in the story of +Abimelech, and it is not impossible that the post-Deuteronomic writer +who inserted ch. ix. so understood the record. A striking exception to +the lack of unity among the tribes is afforded by the account of the +defeat of Sisera, and here the old poem represents a combined effort to +throw off the yoke of a foreign oppressor, while the later prose version +approximates the standpoint of Josh. xi. 1-15, with its defeat of the +Canaanites. The general standpoint of the stories (esp. Judg. v.) is +that of central Palestine; the exceptions are Othniel and Samson--the +latter interrupting the introduction in x., and its sequel, the former +now entirely due to the Deuteronomic editor. Of the narratives which +precede and follow, ch. i. represents central Palestine separated by +Canaanite cities from tribes to the south and north; it is the situation +recognized in Judg. xix. 10-12, as well as in passages imbedded in the +latest portions of the book of Joshua, though it is in contradiction to +the older traditions of Joshua himself. Chapters xvii. seq. (like the +preceding story of Samson) deal with Danites, but the migration can +hardly be earlier than David's time; and xix.-xxi., by describing the +extermination of Benjamin, form a link between the presence of the tribe +in the late narratives of the exodus and its new prominence in the +traditions of Saul (q.v.). As an historical source, therefore, the value +of Judges will depend largely upon the question whether the Deuteronomic +editor (about 600 B.C. at the earliest) would have access to trustworthy +documents relating to a period some six or seven centuries previously. +See further JEWS, §§ 6, 8; and SAMUEL, BOOKS OF. + + LITERATURE.--Biblical scholars are in agreement regarding the + preliminary literary questions of the book, but there is divergence of + opinion on points of detail, and on the precise growth of the book + (e.g. the twofold Deuteronomic redaction). See further W. R. Smith, + _Ency. Brit._ 9th ed. (upon which the present article is based); G. F. + Moore, _International Critical Comm._ (1895); _Ency. Bib._, art. + "Judges"; K. Budde, _Kurzer Handcommentar_ (1897); Lagrange, _Livres + des juges_ (1903); G. W. Thatcher (_Century Bible_); also S. R. + Driver, _Lit. of Old Testament_ (1909); Moore, in the _Sacred Books of + Old Testament_ (1898); C. F. Kent, _The Student's Old Testament_, vol. + i. (1904). (S. A. C.) + + +FOOTNOTES: + + [1] This is confirmed by the circumstance that in Judg. ii. 1 the + "angel of Yahweh," who, according to Exod. xiv. 24, xxiii. 20, xxxii. + 34, xxxiii. 2, 7 seq., must be viewed as having his local + manifestation at the headquarters of the host of Israel, is still + found at Gilgal and not at Shiloh. + + [2] The chapter was written after Israel had become strong enough to + make the Canaanite cities tributary (v. 28), that is, after the + establishment of the monarchy (see 1 Kings ix. 20-21). + + [3] Hence, it is to be inferred that the reviser had older _written_ + records before him. Had these been in the oral stage he would + scarcely incorporate traditions which did not agree with his views; + at all events they would hardly have been written down by him in the + form in which they have survived. The narratives of the monarchy + which are preserved only in Chronicles, on the other hand, illustrate + the manner in which tradition was reshaped and rewritten under the + influence of a later religious standpoint. + + [4] It may be conjectured that the introduction originally formed the + prelude to the rise of Saul: the intervening narratives, though not + necessarily of late origin themselves, having been subsequently + inserted. See S. A. Cook, _Crit. Notes O. T. Hist._, p. 127 seq. + + [5] Tola and Puah (x. 1) are clans of Issachar (Gen. xlvi. 13), for + Jair (v. 3), see Num. xxxii. 41, and for Elon (xii. 11), see Gen. + xlvi. 14. See GENEALOGY: _Biblical_. + + [6] To the same post-exilic hand may also be ascribed the + introduction of the "minor judges" (so several critics), and smaller + additions here and there (ch. i. 1 opening words, vv. 4, 8 seq. + [contrast 21] 18; viii. 30-32: xi. 2, &c.). + + + + +JUDGMENT, in law, a term used to describe (1) the adjudication by a +court of justice upon a controversy submitted to it _inter partes_ +(_post litem contestatam_) and determining the rights of the parties and +the relief to be awarded by the court as between them; (2) the formal +document issuing from the court in which that adjudication is +expressed; (3) the opinions of the judges expressed in a review of the +facts and law applicable to the controversy leading up to the +adjudication expressed in the formal document. When the judgment has +been passed and entered and recorded it binds the parties: the +controversy comes to an end (_transit in rem judicatam_), and the person +in whose favour the judgment is entered is entitled to enforce it by the +appropriate method of "execution." There has been much controversy among +lawyers as to the meaning of the expressions "final" and "interlocutory" +as applied to judgments, and as to the distinction between a "judgment," +a "decree," and an "order." These disputes arise upon the wording of +statutes or rules of court and with reference to the appropriate times +or modes of appeal or of execution. + +The judgments of one country are not as a rule directly enforceable in +another country. In Europe, by treaty or arrangement, foreign judgments +are in certain cases and on compliance with certain formalities made +executory in various states. A similar provision is made as between +England, Scotland and Ireland, for the registry and execution in each +country of certain classes of judgments given in the others. But as +regards the rest of the king's dominions and foreign states, a "foreign" +judgment is in England recognized only as constituting a cause of action +which may be sued upon in England. If given by a court of competent +jurisdiction it is treated as creating a legal obligation to pay the sum +adjudged to be due. Summary judgment may be entered in an English action +based on a foreign judgment unless the defendant can show that the +foreign court had not jurisdiction over the parties or the subject +matter of the action, or that there was fraud on the part of the foreign +court or the successful party, or that the foreign proceedings were +contrary to natural justice, e.g. concluded without due notice to the +parties affected. English courts will not enforce foreign judgments as +to foreign criminal or penal or revenue laws. + + + + +JUDGMENT DEBTOR, in English law, a person against whom a judgment +ordering him to pay a sum of money has been obtained and remains +unsatisfied. Such a person may be examined as to whether any and what +debts are owing to him, and if the judgment debt is of the necessary +amount he may be made bankrupt if he fails to comply with a bankruptcy +notice served on him by the judgment creditors, or he may be committed +to prison or have a receiving order made against him in a judgment +summons under the Debtors Act 1869. + + + + +JUDGMENT SUMMONS, in English law, a summons issued under the Debtors Act +1869, on the application of a creditor who has obtained a judgment for +the payment of a sum of money by instalments or otherwise, where the +order for payment has not been complied with. The judgment summons cites +the defendant to appear personally in court, and be examined on oath as +to the means he has, or has had, since the date of the order or judgment +made against him, to pay the same, and to show cause why he should not +be committed to prison for his default. An order of commitment obtained +in a judgment summons remains in force for a year only, and the extreme +term of imprisonment is six weeks, dating from the time of lodging in +prison. When a debtor has once been imprisoned, although for a period of +less than six weeks, no second order of commitment can be made against +him in respect of the same debt. But if the judgment be for payment by +instalments a power of committal arises on default of payment for each +instalment. If an order of commitment has never been executed, or +becomes inoperative through lapse of time, a fresh commitment may be +made. Imprisonment does not operate as a satisfaction or extinguishment +of a debt, or deprive a person of a right of execution against the land +or goods of the person imprisoned in the same manner as if there had +been no imprisonment. + + + + +JUDICATURE ACTS, an important series of English statutes having for +their object the simplification of the system of judicature in its +higher branches. They are the Supreme Court of Judicature Act 1873 (36 & +37 Vict. c. 66) and the Supreme Court of Judicature Act 1875 (38 & 39 +Vict. c. 77), with various amending acts, the twelfth of these being in +1899. By the act of 1873 the court of chancery, the court of queen's +(king's) bench, the court of common pleas, the court of exchequer, the +high court of admiralty, the court of probate and the court of divorce +and matrimonial causes were consolidated into one Supreme[1] Court of +Judicature (sec. 3), divided into two permanent divisions, called "the +high court," with (speaking broadly) original jurisdiction, and "the +court of appeal" (sec. 4). The objects of the act were threefold--first, +to reduce the historically independent courts of common law and equity +into one supreme court; secondly, to establish for all divisions of the +court a uniform system of pleading and procedure; and thirdly, to +provide for the enforcement of the same rule of law in those cases where +chancery and common law recognized different rules. It can be seen at +once how bold and revolutionary was this new enactment. By one section +the august king's bench, the common pleas, in which serjeants only had +formerly the right of audience, and the exchequer, which had its origin +in the reign of Henry I., and all their jurisdiction, criminal, legal +and equitable, were vested in the new court. It must be understood, +however, that law and equity were not fused in the sense in which that +phrase has generally been employed. The chancery division still remains +distinct from the common law division, having a certain range of legal +questions under its exclusive control, and possessing to a certain +extent a peculiar machinery of its own for carrying its decrees into +execution. But all actions may now be brought in the high court of +justice, and, subject to such special assignments of business as that +alluded to, may be tried in any division thereof. + +There were originally three common law divisions of the High Court +corresponding with the three former courts of common law. But after the +death of Lord Chief Baron Kelly on the 17th of September 1880, and of +Lord Chief Justice Cockburn on the 20th of November 1880, the common +pleas and exchequer divisions were (by order in council, 10th December +1880) consolidated with the king's bench division into one division +under the presidency of the lord chief justice of England, to whom, by +the 25th section of the Judicature Act 1881, all the statutory +jurisdiction of the chief baron and the chief justice of the common +pleas was transferred. The high court, therefore, now consists of the +chancery division, the common law division, under the name of the king's +bench division; and the probate, divorce and admiralty division. To the +king's bench division is also attached, by order of the lord chancellor +(Jan. 1, 1884), the business of the London court of bankruptcy. + + For a more detailed account of the composition of the various courts, + see CHANCERY; KING'S BENCH; and PROBATE, DIVORCE AND ADMIRALTY COURT. + +The keystone of the structure created by the Judicature Acts was a +strong court of appeal. The House of Lords remained the last court of +appeal, as before the acts, but its judicial functions were virtually +transferred to an appeal committee, consisting of the lord chancellor +and other peers who have held high judicial office, and certain lords of +appeal in ordinary created by the act of 1873 (see APPEAL). + + The practice and procedure of the Supreme Court are regulated by rules + made by a committee of judges, to which have been added the president + of the incorporated law society and a practising barrister and one + other person nominated by the lord chancellor. The rules now in force + are those of 1883, with some subsequent amendments. With the + appendices they fill a moderate-sized volume. Complaints are made that + they go into too much detail, and place a burden on the time and + temper of the busy practitioner which he can ill afford to bear. It is + possible that the authors of the rules attempted too much, and it + might have been better to provide a simpler and more elastic code of + procedure. Rules have sometimes been made to meet individual cases of + hardship, and rules of procedure have been piled up from time to time, + sometimes embodying a new experiment, and not always consistent with + former rules. + + The most important matter dealt with by the rules is the mode of + pleading. The authors of the Judicature Act had before them two + systems of pleading, both of which were open to criticism. The common + law pleadings (it was said) did not state the facts on which the + pleader relied, but only the legal aspect of the facts or the + inferences from them, while the chancery pleadings were lengthy, + tedious and to a large extent irrelevant and useless. There was some + exaggeration in both statements. In pursuing the fusion of law and + equity which was the dominant legal idea of law reformers of that + period, the framers of the first set of rules devised a system which + they thought would meet the defects of both systems, and be + appropriate for both the common-law and the chancery divisions. In a + normal case, the plaintiff delivered his statement of claim, in which + he was to set forth concisely the facts on which he relied, and the + relief which he asked. The defendant then delivered his statement of + defence, in which he was to say whether he admitted or denied the + plaintiff's facts (every averment not traversed being taken to be + admitted), and any additional facts and legal defences on which he + relied. The plaintiff might then reply, and the defendant rejoin, and + so on until the pleaders had exhausted themselves. This system of + pleading was not a bad one if accompanied by the right of either party + to demur to his opponent's pleading, i.e. to say, "admitting all your + averments of fact to be true, you still have no cause of action," or + "defence" (as the case may be). It may be, however, that the authors + of the new system were too intent on uniformity when they abolished + the common-law pleading, which, shorn of its abuses (as it had been by + the Common Law Procedure Acts), was an admirable instrument for + defining the issue between the parties though unsuited for the more + complicated cases which are tried in chancery, and it might possibly + have been better to try the new system in the first instance in the + chancery division only. It should be added that the rules contain + provisions for actions being tried without pleadings if the defendant + does not require a statement of claim, and for the plaintiff in an + action of debt obtaining immediate judgment unless the defendant gets + leave to defend. In the chancery division there are of course no + pleadings in those matters which by the rules can be disposed of by + summons in chambers instead of by ordinary suit as formerly. + + The judges seem to have been dissatisfied with the effect of their + former rules, for in 1883 they issued a fresh set of consolidated + rules, which, with subsequent amendments, are those now in force. By + these rules a further attempt was made to prune the exuberance of + pleading. Concise forms of statement of claim and defence were given + in the appendix for adoption by the pleader. It is true that these + forms do not display a high standard of excellence in draftsmanship, + and it was said that many of them were undoubtedly demurrable, but + that was not of much importance. Demurrers were abolished, and instead + thereof it was provided that any point of law raised by the pleadings + should be disposed of at or after the trial, provided that by consent + or order of the court the same might be set down and disposed of + before the trial (Order xxv. rules 1, 2). This, in the opinion of Lord + Davey in 1902 (_Ency. Brit._, 10th ed., xxx. 146), was a disastrous + change. The right of either party to challenge his opponent _in + limine_, either where the question between them was purely one of law, + or where even the view of the facts taken and alleged by his opponent + did not constitute a cause of action or defence, was a most valuable + one, and tended to the curtailment of both the delay and the expense + of litigation. Any possibility of abuse by frivolous or technical + demurrers (as undoubtedly was formerly the case) had been met by + powers of amendment and the infliction of costs. Many of the most + important questions of law had been decided on demurrer both in common + law and chancery. Lord Davey considered that demurrer was a useful and + satisfactory mode of trying questions in chancery (on bill and + demurrer), and it was frequently adopted in preference to a special + case, which requires the statement of facts to be agreed to by both + parties and was consequently more difficult and expensive. It is + obvious that a rule which makes the normal time for decision of + questions at law the trial or subsequently, and a preliminary decision + the exception, and such exception dependent on the consent of both + parties or an order of the court, is a poor substitute for a demurrer + as of right, and it has proved so in practice. The editors of the + _Yearly Practice_ for 1901 (Muir Mackenzie, Lushington and Fox) said + (p. 272): "Points of law raised by the pleadings are usually disposed + of at the trial or on further consideration after the trial of the + issues of fact," that is to say, after the delay, worry and expense of + a trial of disputed questions of fact which after all may turn out to + be unnecessary. The abolition of demurrers has also (it is believed) + had a prejudicial effect on the standard of legal accuracy and + knowledge required in practitioners. Formerly the pleader had the fear + of a demurrer before him. Nowadays he need not stop to think whether + his cause of action or defence will hold water or not, and anything + which is not obviously frivolous or vexatious will do by way of + pleading for the purpose of the trial and for getting the opposite + party into the box. + + Another change was made by the rules of 1883, which was regarded by + some common law lawyers as revolutionary. Formerly every issue of fact + in a common law action, including the amount of damage, had to be + decided by the verdict of a jury. "The effect of the rules of 1883," + said Lord Lindley, who was a member of the rule committee, "was to + make trial without a jury the normal mode of trial, except where trial + with a jury is ordered under rules 6 or 7a, or may be had without an + order under rule 2" (_Timson_ v. _Wilson_, 38 Ch. D. 72, at p. 76). + The effect of the rules may be thus summarized: (1) In the chancery + division no trial by jury unless ordered by the judge. (2) Generally + the judge may order trial without a jury of any cause or issue, which + before the Judicature Act might have been so tried without consent of + parties, or which involves prolonged investigation of documents or + accounts, or scientific or local investigation. (3) Either party has a + right to a jury in actions of slander, libel, false imprisonment, + malicious prosecution, seduction or breach of promise of marriage, + upon notice without order; (4) or in any other action, by order. (5) + Subject as above, actions are to be tried without a jury unless the + judge, of his own motion, otherwise orders. + + Further steps have been taken with a view to simplification of + procedure. By Order xxx. rule 1 (as amended in 1897), a summons, + called a summons for directions, has to be taken out by a plaintiff + immediately after the appearance of the defendant, and upon such + summons an order is to be made respecting pleadings, and a number of + interlocutory proceedings. To make such an order at that early stage + would seem to demand a prescience and intelligent anticipation of + future events which can hardly be expected of a master, or even a + judge in chambers, except in simple cases, involving a single issue of + law or fact which the parties are agreed in presenting to the court. + The effect of the rule is that the plaintiff cannot deliver his + statement of claim, or take any step in the action without the leave + of the judge. In chancery cases the order usually made is that the + plaintiff deliver his statement of claim, and the rest of the summons + stand over, and the practical effect is merely to add a few pounds to + the costs. It may be doubted whether, as applied to the majority of + actions, the rule does not proceed on wrong lines, and whether it + would not be better to leave the parties, who know the exigencies of + their case better even than a judge in chambers, to proceed in their + own way, subject to stringent provisions for immediate payment of the + costs occasioned by unnecessary, vexatious, or dilatory proceedings. + The order does not apply to admiralty cases or to proceedings under + the order next mentioned. + + The Supreme Court of Judicature Act (Ireland) 1877 follows the same + lines as the English acts. The pre-existing courts were consolidated + into a supreme court of judicature, consisting of a high court of + justice and a court of appeal. The judicature acts did not affect + Scottish judicature, but the Appellate Jurisdiction Act included the + court of session among the courts from which an appeal lies to the + House of Lords. + + +FOOTNOTE: + + [1] The comte de Franqueville in his interesting work, _Le Système + judiciaire de la Grande Bretagne_, criticizes the use of the word + "supreme" as a designation of this court, inasmuch as its judgments + are subject to appeal to the House of Lords, but in the act of 1873 + the appeal to the House of Lords was abolished. He is also severe on + the illogical use of the words "division" and "court" in many + different senses (i. 180-181). + + + + +JUDITH, THE BOOK OF, one of the apocryphal books of the Old Testament. +It takes its name from the heroine Judith ([Greek: Ioudith, Ioudêth], +i.e. [Hebrew: yehudit], Jewess), to whom the last nine of its sixteen +chapters relate. In the Septuagint and Vulgate it immediately precedes +Esther, and along with Tobit comes after Nehemiah; in the English +Apocrypha it is placed between Tobit and the apocryphal additions to +Esther. + +_Argument._--In the twelfth year of his reign Nebuchadrezzar, who is +described as king of Assyria, having his capital in Nineveh, makes war +against Arphaxad, king of Media, and overcomes him in his seventeenth +year. He then despatches his chief general Holofernes to take vengeance +on the nations of the west who had withheld their assistance. This +expedition has already succeeded in its main objects when Holofernes +proceeds to attack Judaea. The children of Israel, who are described as +having newly returned from captivity, are apprehensive of a desecration +of their sanctuary, and resolve on resistance to the uttermost. The +inhabitants of Bethulia (Betylua) and Betomestham in particular (neither +place can be identified), directed by Joachim the high priest, guard the +mountain passes near Dothaim, and place themselves under God's +protection. Holofernes now inquires of the chiefs who are with him about +the Israelites, and is answered by Achior the leader of the Ammonites, +who enters upon a long historical narrative showing the Israelites to be +invincible except when they have offended God. For this Achior is +punished by being handed over to the Israelites, who lead him to the +governor of Bethulia. Next day the siege begins, and after forty days +the famished inhabitants urge the governor Ozias to surrender, which he +consents to do unless relieved in five days. Judith, a beautiful and +pious widow of the tribe of Simeon, now appears on the scene with a plan +of deliverance. Wearing her rich attire, and accompanied by her maid, +who carries a bag of provisions, she goes over to the hostile camp, +where she is at once conducted to the general, whose suspicions are +disarmed by the tales she invents. After four days Holofernes, smitten +with her charms, at the close of a sumptuous entertainment invites her +to remain within his tent over night. No sooner is he overcome with +sleep than Judith, seizing his sword, strikes off his head and gives it +to her maid; both now leave the camp (as they had previously been +accustomed to do, ostensibly for prayer) and return to Bethulia, where +the trophy is displayed amid great rejoicings and thanksgivings. Achior +now publicly professes Judaism, and at the instance of Judith the +Israelites make a sudden victorious onslaught on the enemy. Judith now +sings a song of praise, and all go up to Jerusalem to worship with +sacrifice and rejoicing. The book concludes with a brief notice of the +closing years of the heroine. + + _Versions._--Judith was written originally in Hebrew. This is shown + not only by the numerous Hebraisms, but also by mistranslations of the + Greek translation, as in ii. 2, iii. 9, and other passages (see + Fritzsche and Ball _in loc._), despite the statement of Origen (_Ep. + ad Afric._ 13) that the book was not received by the Jews among their + apocryphal writings. In his preface to Judith, Jerome says that he + based his Latin version on the Chaldee, which the Jews reckoned among + their Hagiographa. Ball (_Speaker's Apocrypha_, i. 243) holds that the + Chaldee text used by Jerome was a free translation or adaptation of + the Hebrew. The book exists in two forms: the shorter, which is + preserved only in Hebrew (see under _Hebrew Midrashim_ below), is, + according to Scholz, Lipsius, Ball and Gaster, the older; the longer + form is that contained in the versions. + + _Greek Version._--This is found in three recensions: (1) in A B, + [Hebrew: a]; (2) in codices 19, 108 (Lucian's text); (3) in codex 58, + the source of the old Latin and Syriac. + + _Syriac and Latin Versions._--Two Syriac versions were made from the + Greek--the first, that of the Peshito; and the second, that of Paul of + Tella, the so-called Hexaplaric. The Old Latin was derived from the + Greek, as we have remarked above, and Jerome's from the Old Latin, + under the control of a Chaldee version. + + _Later Hebrew Midrashim._--These are printed in Jellinek's _Bet + ha-Midrasch_, i. 130-131; ii. 12-22; and by Gaster in _Proceedings of + the Society of Biblical Archæology_ (1894), pp. 156-163. + +_Date._--The book in its fuller form was most probably written in the +2nd century B.C. The writer places his romance two centuries earlier, in +the time of Ochus, as we may reasonably infer from the attack made by +Holofernes and Bagoas on Judaea; for Artaxerxes Ochus made an expedition +against Phoenicia and Egypt in 350 B.C., in which his chief generals +were Holofernes and Bagoas. + + RECENT LITERATURE.--Ball, _Speaker's Apocrypha_ (1888), an excellent + piece of work; Scholz, _Das Buch Judith_ (1896); Löhr, _Apok. und + Pseud._ (1900), ii. 147-164; Porter in Hastings's _Dict. Bible_, ii. + 822-824; Gaster, _Ency. Bib._, ii. 2642-2646. See Ball, pp. 260-261, + and Schürer _in loc._, for a full bibliography. (R. H. C.) + + + + +JUDSON, ADONIRAM (1788-1850), American missionary, was born at Malden, +Massachusetts, on the 9th of August 1788, the son of a Congregational +minister. He graduated at Brown University in 1807, was successively a +school teacher and an actor, completed a course at the Andover +Theological Seminary in September 1810, and was at once licensed to +preach as a Congregational clergyman. In the summer of 1810 he with +several of his fellows students at Andover had petitioned the general +association of ministers to be sent to Asiatic missionary fields. This +application resulted in the establishment of the American board of +commissioners for foreign missions, which sent Judson to England to +secure, if possible, the co-operation of the London Missionary Society. +His ship fell into the hands of a French privateer and he was for some +time a prisoner in France, but finally proceeded to London, where his +proposal was considered without anything being decided. He then returned +to America, where he found the board ready to act independently. His +appointment to Burma followed, and in 1812, accompanied by his wife, Ann +Hasseltine Judson (1789-1826), he went to Calcutta. On the voyage both +became advocates of baptism by immersion, and being thus cut off from +Congregationalism, they began independent work. In 1814 they began to +receive support from the American Baptist missionary union, which had +been founded with the primary object of keeping them in the field. After +a few months at Madras, they settled at Rangoon. There Judson mastered +Burmese, into which he translated part of the Gospels with his wife's +help. In 1824 he removed to Ava, where during the war between the East +India Company and Burma he was imprisoned for almost two years. After +peace had been brought about (largely, it is said, through his +exertions) Mrs Judson died. In 1827 Judson removed his headquarters to +Maulmain, where school buildings and a church were erected, and where in +1834 he married Sarah Hall Boardman (1803-1845). In 1833 he completed +his translation of the Bible; in succeeding years he compiled a Burmese +grammar, a Burmese dictionary, and a Pali dictionary. In 1845 his wife's +failing health decided Judson to return to America, but she died during +the voyage, and was buried at St Helena. In the United States Judson +married Emily Chubbuck (1817-1854), well-known as a poet and novelist +under the name of "Fanny Forrester," who was one of the earliest +advocates in America of the higher education of women. She returned with +him in 1846 to Burma, where the rest of his life was devoted largely to +the rewriting of his Burmese dictionary. He died at sea on the 12th of +April 1850, while on his way to Martinique, in search of health. Judson +was perhaps the greatest, as he was practically the first, of the many +missionaries sent from the United States into foreign fields; his +fervour, his devotion to duty, and his fortitude in the face of danger +mark him as the prototype of the American missionary. + + The Judson Memorial, an institutional church, was erected on + Washington Square South, New York City, largely through the exertions + of his son, Rev. Edward Judson (b. 1844), who became its pastor and + director, and who prepared a life of Dr Judson (1883; new ed. 1898). + Another biography is by Francis Wayland (2 vols., 1854). See also + Robert T. Middleditch's _Life of Adoniram Judson, Burmah's Great + Missionary_ (New York, 1859). For the three Mrs. Judsons, see Knowles, + _Life of Ann Hasseltine Judson_ (1829); Emily C. Judson, _Life of + Sarah Hall Boardman Judson_ (1849); Asahel C. Kendrick, _Life and + Letters of Emily Chubbuck Judson_ (1861). + + + + +JUEL, JENS (1631-1700), Danish statesman, born on the 15th of July 1631, +began his diplomatic career in the suite of Count Christian Rantzau, +whom he accompanied to Vienna and Regensburg in 1652. In August 1657 +Juel was accredited to the court of Poland, and though he failed to +prevent King John Casimir from negotiating separately with Sweden he was +made a privy councillor on his return home. But it was the +reconciliation of Juel's uncle Hannibal Sehested with King Frederick +III. which secured Juel's future. As Sehested's representative, he +concluded the peace of Copenhagen with Charles X., and after the Danish +revolution of 1660 was appointed Danish minister at Stockholm, where he +remained for eight years. Subsequently the chancellor Griffenfeldt, who +had become warmly attached to him, sent him in 1672, and again in 1674, +as ambassador extraordinary to Sweden, ostensibly to bring about a +closer union between the two northern kingdoms, but really to give time +to consolidate Griffenfeldt's far-reaching system of alliances. Juel +completely sympathized with Griffenfeldt's Scandinavian policy, which +aimed at weakening Sweden sufficiently to re-establish something like an +equilibrium between the two states. Like Griffenfeldt, Juel also feared, +above all things, a Swedo-Danish war. After the unlucky Seaman War of +1675-79, Juel was one of the Danish plenipotentiaries who negotiated the +peace of Lund. Even then he was for an alliance with Sweden "till we can +do better." This policy he consistently followed, and was largely +instrumental in bringing about the marriage of Charles XI. with +Christian V.'s daughter Ulrica Leonora. But for the death of the +like-minded Swedish statesman Johan Gyllenstjerna in June 1680, Juel's +"Scandinavian" policy might have succeeded, to the infinite advantage of +both kingdoms. He represented Denmark at the coronation of Charles XII. +(December 1697), when he concluded a new treaty of alliance with Sweden. +He died in 1700. + +Juel, a man of very few words and a sworn enemy of phrase-making, was +perhaps the shrewdest and most cynical diplomatist of his day. His motto +was: "We should wish for what we can get." Throughout life he regarded +the political situation of Denmark with absolute pessimism. She was, he +often said, the cat's-paw of the Great Powers. While Griffenfeldt would +have obviated this danger by an elastic political system, adaptable to +all circumstances, Juel preferred seizing whatever he could get in +favourable conjunctures. In domestic affairs Juel was an adherent of +the mercantile system, and laboured vigorously for the industrial +development of Denmark and Norway. For an aristocrat of the old school +he was liberally inclined, but only favoured petty reforms, especially +in agriculture, while he regarded emancipation of the serfs as quite +impracticable. Juel made no secret of his preference for absolutism, and +was one of the few patricians who accepted the title of baron. He saw +some military service during the Scanian War, distinguishing himself at +the siege of Venersborg, and by his swift decision at the critical +moment materially contributing to his brother Niels's naval victory in +the Bay of Kjöge. To his great honour he remained faithful to +Griffenfeldt after his fall, enabled his daughter to marry handsomely, +and did his utmost, though in vain, to obtain the ex-chancellor's +release from his dungeon. + + See Carl Frederik Bricka, _Dansk biografisk lex._, art. "Juel" (1887, + &c.); Adolf Ditlev Jörgensen, _P. Schumacher Griffenfeldt_ + (1893-1894). (R. N. B.) + + + + +JUEL, NIELS (1629-1697), Danish admiral, brother of the preceding, was +born on the 8th of May 1629, at Christiania. He served his naval +apprenticeship under Van Tromp and De Ruyter, taking part in all the +chief engagements of the war of 1652-54 between England and Holland. +During a long indisposition at Amsterdam in 1655-1656 he acquired a +thorough knowledge of ship-building, and returned to Denmark in 1656 a +thoroughly equipped seaman. He served with distinction during the +Swedo-Danish wars of 1658-60 and took a prominent part in the defence of +Copenhagen against Charles X. During fifteen years of peace, Juel, as +admiral of the fleet, laboured assiduously to develop and improve the +Danish navy, though he bitterly resented the setting over his head in +1663 of Cort Adelaar on his return from the Turkish wars. In 1661 Juel +married Margrethe Ulfeldt. On the outbreak of the Scanian War he served +at first under Adelaar, but on the death of the latter in November 1675 +he was appointed to the supreme command. He then won a European +reputation, and raised Danish sea-power to unprecedented eminence, by +the system of naval tactics, afterwards perfected by Nelson, which +consists in cutting off a part of the enemy's force and concentrating +the whole attack on it. He first employed this manoeuvre at the battle +of Jasmund off Rügen (May 25, 1676) when he broke through the enemy's +line in close column and cut off five of their ships, which, however, +nightfall prevented him from pursuing. Juel's operations were +considerably hampered at this period by the overbearing conduct of his +Dutch auxiliary, Philip Almonde, who falsely accused the Danish admiral +of cowardice. A few days after the battle of Jasmund, Cornelius Van +Tromp the younger, with 17 fresh Danish and Dutch ships of the line, +superseded Juel in the supreme command. Juel took a leading part in Van +Tromp's great victory off Öland (June 1, 1676), which enabled the Danes +to invade Scania unopposed. On the 1st of June 1677 Juel defeated the +Swedish admiral Sjöblad off Möen; on the 30th of June 1677 he won his +greatest victory, in the Bay of Kjöge, where, with 25 ships of the line +and 1267 guns, he routed the Swedish admiral Evert Horn with 36 ships of +the line and 1800 guns. For this great triumph, the just reward of +superior seamanship and strategy--at an early stage of the engagement +Juel's experienced eye told him that the wind in the course of the day +would shift from S.W. to W. and he took extraordinary risks +accordingly--he was made lieutenant admiral general and a privy +councillor. This victory, besides permanently crippling the Swedish +navy, gave the Danes a self-confidence which enabled them to keep their +Dutch allies in their proper place. In the following year Van Tromp, +whose high-handedness had become unbearable, was discharged by Christian +V., who gave the supreme command to Juel. In the spring of 1678 Juel put +to sea with 84 ships carrying 2400 cannon, but as the Swedes were no +longer strong enough to encounter such a formidable armament on the open +sea, his operations were limited to blockading the Swedish ports and +transporting troops to Rügen. After the peace of Lund Juel showed +himself an administrator and reformer of the first order, and under his +energetic supervision the Danish navy ultimately reached imposing +dimensions, especially after Juel became chief of the admiralty in +1683. Personally Juel was the noblest and most amiable of men, equally +beloved and respected by his sailors, simple, straightforward and +unpretentious in all his ways. During his latter years he was popularly +known in Copenhagen as "the good old knight." He died on the 8th of +April 1697. + + See Garde, _Niels Juel_ (1842), and _Den dansk. norske Sömagts + Historie, 1535-1700_ (1861). (R. N. B.) + + + + +JUG, a vessel for holding liquid, usually with one handle and a lip, +made of earthenware, glass or metal. The origin of the word in this +sense is uncertain, but it is probably identical with a shortened form +of the feminine name Joan or Joanna; cf. the similar use of Jack and +Jill or Gill for a drinking-vessel or a liquor measure. It has also been +used as a common expression for a homely woman, a servant-girl, a +sweetheart, sometimes in a sense of disparagement. In slang, "jug" or +"stone-jug" is used to denote a prison; this may possibly be an +adaptation of Fr. _joug_, yoke, Lat. _jugum_. The word "jug" is probably +onomatopoeic when used to represent a particular note of the +nightingale's song, or applied locally to various small birds, as the +hedge-jug, &c. + +The British Museum contains a remarkable bronze jug which was found at +Kumasi during the Ashanti Expedition of 1896. It dates from the reign of +Richard II., and is decorated in relief with the arms of England and the +badge of the king. It has a lid, spout and handle, which ends in a +quatrefoil. An inscription, on three raised bands round the body of the +vessel, modernized runs:--"He that will not spare when he may shall not +spend when he would. Deem the best in every doubt till the truth be +tried out." The _British Museum Guide to the Medieval Room_ contains an +illustration of this vessel. + +A particular form of jug is the "ewer," the precursor of the ordinary +bedroom jug (an adaptation of O. Fr. _ewaire_, med. Lat. _aquaria_, +water-pitcher, from _aqua_, water). The ewer was a jug with a wide +spout, and was principally used at table for pouring water over the +hands after eating, a matter of some necessity before the introduction +of forks. Early ewers are sometimes mounted on three feet, and bear +inscriptions such as _Venez laver_. A basin of similar material and +design accompanied the ewer. In the 13th and 14th centuries a special +type of metal ewer takes the form of animals, men on horseback, &c.; +these are generally known as _aquamaniles_, from med. Lat. _aqua manile_ +or _aqua manale_ (_aqua_, water, and _manare_, to trickle, pour, drip). +The British Museum contains several examples. + +In the 18th and early 19th centuries were made the drinking-vessels of +pottery known as "Toby jugs," properly Toby Fillpots or Philpots. These +take the form of a stout old man, sometimes seated, with a +three-cornered hat, the corners of which act as spouts. Similar +drinking-vessels were also made representing characters popular at the +time, such as "Nelson jugs," &c. + + + + +JUGE, BOFFILLE DE (d. 1502), French-Italian adventurer and statesman, +belonged to the family of del Giudice, which came from Amalfi, and +followed the fortunes of the Angevin dynasty. When John of Anjou, duke +of Calabria, was conquered in Italy (1461) and fled to Provence, +Boffille followed him. He was given by Duke John and his father, King +René, the charge of upholding by force of arms their claims on +Catalonia. Louis XI., who had joined his troops to those of the princes +of Anjou, attached Boffille to his own person, made him his chamberlain +and conferred on him the vice-royalty of Roussillon and Cerdagne (1471), +together with certain important lordships, among others the countship of +Castres, confiscated from James of Armagnac, duke of Nemours (1476), and +the temporalities of the bishopric of Castres, confiscated from John of +Armagnac. He also entrusted him with diplomatic negotiations with +Flanders and England. In 1480 Boffille married Marie d'Albret, sister of +Alain the Great, thus confirming the feudal position which the king had +given him in the south. He was appointed as one of the judges in the +trial of René of Alençon, and showed such zeal in the discharge of his +functions that Louis XI. rewarded him by fresh gifts. However, the +bishop of Castres recovered his diocese (1483), and the heirs of the +duke of Nemours took legal proceedings for the recovery of the +countship of Castres. Boffille, with the object of escaping from his +enemies, applied for the command of the armies of the republic of +Venice. His application was refused, and he further lost the +vice-royalty of Roussillon (1491). His daughter Louise married against +his will a gentleman of no rank, and this led to terrible family +dissensions. In order to disinherit his own family, Boffille de Juge +gave up the countship of Castres to his brother-in-law, Alain d'Albret +(1494). He died in 1502. + + See P. M. Perret, _Boffille de Juge, comte de Castres, et la + république de Venise_ (1891); F. Pasquier, _Inventaire des documents + concernant Boffille de Juge_ (1905). (M. P.*) + + + + +JUGGERNAUT, a corruption of Sans. JAGANNATHA, "Lord of the World," the +name under which the Hindu god Vishnu is worshipped at Puri in Orissa. +The legend runs that the sacred blue-stone image of Jagannatha was +worshipped in the solitude of the jungle by an outcast, a Savara +mountaineer, called Basu. The king of Malwa, Indradyumna, had despatched +Brahmans to all quarters of the peninsula, and at last discovered Basu. +Thereafter the image was taken to Puri, and a temple, begun in 1174, was +completed fourteen years later at a cost of upwards of half a million +sterling. The site had been associated for centuries before and after +the Christian era with Buddhism, and the famous Car festival is probably +based on the Tooth festival of the Buddhists, of which the Chinese +pilgrim Fa-Hien gives an account. The present temple is a pyramidal +building, 192 ft. high, crowned with the mystic wheel and flag of +Vishnu. Its inner enclosure, nearly 400 ft. by 300 ft., contains a +number of small temples and shrines. The main temple has four main +rooms--the hall of offerings, the dancing hall, the audience chamber, +and the shrine itself--the two latter being each 80 ft. square. The +three principal images are those of Vishnu, his brother and his sister, +grotesque wooden figures roughly hewn. Elaborate services are daily +celebrated all the year round, the images are dressed and redressed, and +four meals a day are served to them. The attendants on the god are +divided into 36 orders and 97 classes. Special servants are assigned the +tasks of putting the god to bed, of dressing and bathing him. The annual +rent-roll of the temple was put at £68,000 by Sir W. W. Hunter; but the +pilgrims' offerings, which form the bulk of the income, are quite +unknown and have been said to reach as much as £100,000 in one year. +Ranjit Singh bequeathed the Koh-i-nor to Jagannath. There are four chief +festivals, of which the famous Car festival is the most important. + + The terrible stories of pilgrims crushed to death in the god's honour + have made the phrase "Car of Juggernaut" synonymous with the merciless + sacrifice of human lives, but these have been shown to be baseless + calumnies. The worship of Vishnu is innocent of all bloody rites, and + a drop of blood even accidentally spilt in the god's presence is held + to pollute the officiating priests, the people, and the consecrated + food. The Car festival takes place in June or July, and the feature of + its celebration is the drawing of the god from the temple to his + "country-house," a distance of less than a mile. The car is 45 ft. in + height and 35 ft. square, and is supported on 16 wheels of 7 ft. in + diameter. Vishnu's brother and sister have separate cars, slightly + smaller. To these cars ropes are attached, and thousands of eager + pilgrims vie with each other to have the honour of dragging the god. + Though the distance is so short the journey lasts several days, owing + to the deep sand in which the wheels sink. During the festival serious + accidents have often happened. Sir W. W. Hunter in the _Gazetteer of + India_ writes: "In a closely packed, eager throng of a hundred + thousand men and women under the blazing tropical sun, deaths must + occasionally occur. There have doubtless been instances of pilgrims + throwing themselves under the wheels in a frenzy of religious + excitement, but such instances have always been rare, and are now + unknown. The few suicides that did occur were, for the most part, + cases of diseased and miserable objects who took this means to put + themselves out of pain. The official returns now place this beyond + doubt. Nothing could be more opposed to the spirit of Vishnu-worship + than self-immolation. Accidental death within the temple renders the + whole place unclean. According to Chaitanya, the apostle of Jagannath, + the destruction of the least of God's creatures is a sin against the + Creator." + + See also Sir W. W. Hunter's _Orissa_ (1872); and _District Gazetteer + of Puri_ (1908). + + + + + +JUGGLER (Lat. _joculator_, jester), in the modern sense a performer of +sleight-of-hand tricks and dexterous feats of skill in tossing balls, +plates, knives, &c. The term is practically synonymous with conjurer +(see CONJURING). The _joculatores_ were the mimes of the middle ages +(see DRAMA); the French use of the word _jongleurs_ (an erroneous form +of _jougleur_) included the singers known as _trouvères_; and the +humbler English minstrels of the same type gradually passed into the +strolling jugglers, from whose exhibitions the term came to cover +loosely any acrobatic, pantomimic and sleight-of-hand performances. In +ancient Rome various names were given to what we call jugglers, e.g. +_ventilatores_ (knife-throwers), and _pilarii_ (ball-players). + + + + +JUGURTHA (Gr. [Greek: Iogorthas]), king of Numidia, an illegitimate son +of Mastanabal, and grandson of Massinissa. After his father's death he +was brought up by his uncle Micipsa together with his cousins Adherbal +and Hiempsal. Jugurtha grew up strong, handsome and intelligent, a +skilful rider, and an adept in warlike exercises. He inherited much of +Massinissa's political ability. Micipsa, naturally afraid of him, sent +him to Spain (134 B.C.) in command of a Numidian force, to serve under +P. Cornelius Scipio Africanus Minor. He became a favourite with Scipio +and the Roman nobles, some of whom put into his head the idea of making +himself sole king of Numidia, with the help of Roman money. + +In 118 B.C. Micipsa died. By his will, Jugurtha was associated with +Adherbal and Hiempsal in the government of Numidia. Scipio had written +to Micipsa a strong letter of recommendation in favour of Jugurtha; and +to Scipio, accordingly, Micipsa entrusted the execution of his will. +None the less, his testamentary arrangements utterly failed. The princes +soon quarrelled, and Jugurtha claimed the entire kingdom. Hiempsal he +contrived to have assassinated; Adherbal he quickly drove out of +Numidia. He then sent envoys to Rome to defend his usurpation on the +ground that he was the injured party. The senate decided that Numidia +was to be divided, and gave the western, the richer and more populous +half, to Jugurtha, while the sands and deserts of the eastern half were +left to Adherbal. Jugurtha's envoys appear to have found several of the +Roman nobles and senators accessible to bribery. Having secured the best +of the bargain, Jugurtha at once began to provoke Adherbal to a war of +self-defence. He completely defeated him near the modern Philippeville, +and Adherbal sought safety in the fortress of Cirta (Constantine). Here +he was besieged by Jugurtha, who, notwithstanding the interposition of a +Roman embassy, forced the place to capitulate, and treacherously +massacred all the inhabitants, among them his cousin Adherbal and a +number of Italian merchants resident in the town. There was great wrath +at Rome and throughout Italy; and the senate, a majority of which still +clung to Jugurtha, were persuaded in the same year (111) to declare war. +An army was despatched to Africa under the consul L. Calpurnius Bestia, +several of the Numidian towns voluntarily surrendered, and Bocchus, the +king of Mauretania, and Jugurtha's father-in-law, offered the Romans his +alliance. Jugurtha was alarmed, but having at his command the +accumulated treasures of Massinissa, he was successful in arranging with +the Roman general a peace which left him in possession of the whole of +Numidia. When the facts were known at Rome, the tribune Memmius insisted +that Jugurtha should appear in person and be questioned as to the +negotiations. Jugurtha appeared under a safe conduct, but he had +partisans, such as the tribune C. Baebius, who took care that his mouth +should be closed. Soon afterwards he caused his cousin Massiva, then +resident at Rome and a claimant to the throne of Numidia, to be +assassinated. The treaty was thereupon set aside, and Jugurtha was +ordered to quit Rome. On this occasion he uttered the well-known words, +"A city for sale, and doomed to perish as soon as it finds a purchaser!" +(Livy, _Epit._ 64). The war was renewed, and the consul Spurius Albinus +entrusted with the command. The Roman army in Africa was thoroughly +demoralized. An unsuccessful attempt was made on a fortified town, +Suthul, in which the royal treasures were deposited. The army was +surprised by the enemy in a night attack, and the camp was taken and +plundered. Every Roman was driven out of Numidia, and a disgraceful +peace was concluded (109). + +By this time the feeling at Rome and in Italy against the corruption and +incapacity of the nobles had become so strong that a number of senators +were prosecuted and Bestia and Albinus sentenced to exile. The war was +now entrusted to Quintus Metellus, an able soldier and stern +disciplinarian, and from the year 109 to its close in 106 the contest +was carried on with credit to the Roman arms. Jugurtha was defeated on +the river Muthul, after an obstinate and skilful resistance. Once again, +however, he succeeded in surprising the Roman camp and forcing Metellus +into winter quarters. There were fresh negotiations, but Metellus +insisted on the surrender of the king's person, and this Jugurtha +refused. Numidia on the whole seemed disposed to assert its +independence, and Rome had before her the prospect of a troublesome +guerrilla war. Negotiations, reflecting little credit on the Romans, +were set on foot with Bocchus (q.v.) who for a time played fast and +loose with both parties. In 106, Marius was called on by the vote of the +Roman people to supersede Metellus, but it was through the perfidy of +Bocchus and the diplomacy of L. Cornelius Sulla, Marius's quaestor, that +the war was ended. Jugurtha fell into an ambush, and was conveyed a +prisoner to Rome. Two years afterwards, in 104, he figured with his two +sons in Marius's triumph, and in the subterranean prison beneath the +Capitol--"the bath of ice," as he called it--he was either strangled or +starved to death. + +Though doubtless for a time regarded by his countrymen as their +deliverer from the yoke of Rome, Jugurtha mainly owes his historical +importance to the full and minute account of him which we have from the +hand of Sallust, himself afterwards governor of Numidia. + + See A. H. J. Greenidge, _Hist. of Rome_ (1904); T. Mommsen, _Hist. of + Rome_, book iv. ch. v.; the chief ancient authorities (besides + Sallust) are Livy, _Epit._, lxii.-lxvii.; Plutarch, _Marius and + Sulla_; Velleius Paterculus, ii.; Diod. Sic., _Excerpta_, xxxiv.; + Florus, iii. 1. See also MARIUS, SULLA, NUMIDIA. + + + + +JUJU, a West African word held by some authorities to be a corruption of +Mandingo _gru-gru_, a charm. It is more generally believed to have been +adapted by the Mandingos directly from Fr. _joujou_, a toy or plaything. +The word, as used by Europeans on the Guinea coast, was originally +applied to the objects which it was supposed the negroes worshipped, and +was transferred from the objects themselves to the spirits or gods who +dwelt in them, and finally to the whole religious beliefs of the West +Africans. It is currently used in each of these senses, and more loosely +to indicate all the manners and customs of the negroes of the Guinea +coast, particularly the power of interdiction exercised in the name of +spirits (see FETISHISM and TABOO). + + + + +JUJUBE. Under this name the fruits of at least two species of _Zizyphus_ +are usually described, namely, _Z. vulgaris_ and _Z. Jujuba_.[1] The +genus is a member of the natural order Anacardiaceae. The species are +small trees or shrubs, armed with sharp, straight, or hooked spines, +having alternate leaves, and fruits which are in most of the species +edible, and have an agreeable acid taste; this is especially the case +with those of the two species mentioned above. + +_Z. vulgaris_ is a tree about 20 feet high, extensively cultivated in +many parts of Southern Europe, also in Western Asia, China and Japan. In +India it extends from the Punjab to the north-western frontier, +ascending in the Punjab Himalaya to a height of 6500 feet, and is found +both in the wild and cultivated state. The plant is grown almost +exclusively for the sake of its fruit, which both in size and shape +resembles a moderate-sized plum; at first the fruits are green, but as +they ripen they become of a reddish-brown colour on the outside and +yellow within. They ripen in September, when they are gathered and +preserved by storing in a dry place; after a time the pulp becomes much +softer and sweeter than when fresh. Jujube fruits when carefully dried +will keep for a long time, and retain their refreshing acid flavour, on +account of which they are much valued in the countries of the +Mediterranean region as a winter dessert fruit; and, besides, they are +nutritive and demulcent. At one time a decoction was prepared from them +and recommended in pectoral complaints. A kind of thick paste, known as +jujube paste, was also made of a composition of gum arabic and sugar +dissolved in a decoction of jujube fruit evaporated to the proper +consistency. + +_Z. Jujuba_ is a tree averaging from 30 to 50 ft. high, found both wild +and cultivated in China, the Malay Archipelago, Ceylon, India, tropical +Africa and Australia. Many varieties are cultivated by the Chinese, who +distinguish them by the shape and size of their fruits, which are not +only much valued as dessert fruit in China, but are also occasionally +exported to England. + +As seen in commerce jujube fruits are about the size of a small filbert, +having a reddish-brown, shining, somewhat wrinkled exterior, and a +yellow or gingerbread coloured pulp enclosing a hard elongated stone. + +The fruits of _Zizyphus_ do not enter into the composition of the +lozenges now known as jujubes which are usually made of gum-arabic, +gelatin, &c., and variously flavoured. + + +FOOTNOTE: + + [1] The med. Lat. _jujuba_ is a much altered form of the Gr. [Greek: + zizuphon] + + + + +JU-JUTSU or JIU-JITSU (a Chino-Japanese term, meaning muscle-science), +the Japanese method of offence and defence without weapons in personal +encounter, upon which is founded the system of physical culture +universal in Japan. Some historians assert that it was founded by a +Japanese physician who learned its rudiments while studying in China, +but most writers maintain that ju-jutsu was in common use in Japan +centuries earlier, and that it was known in the 7th century B.C. +Originally it was an art practised solely by the nobility, and +particularly by the samurai who, possessing the right, denied to +commoners, of carrying swords, were thus enabled to show their +superiority over common people even when without weapons. It was a +secret art, jealously guarded from those not privileged to use it, until +the feudal system was abandoned in Japan, and now ju-jutsu is taught in +the schools, as well as in public and private gymnasia. In the army, +navy and police it receives particular attention. About the beginning of +the 20th century, masters of the art began to attract attention in +Europe and America, and schools were established in Great Britain and +the United States, as well as on the continent of Europe. + +Ju-jutsu may be briefly defined as "an application of anatomical +knowledge to the purpose of offence and defence. It differs from +wrestling in that it does not depend upon muscular strength. It differs +from the other forms of attack in that it uses no weapon. Its feat +consists in clutching or striking such part of an enemy's body as will +make him numb and incapable of resistance. Its object is not to kill, +but to incapacitate one for action for the time being" (Inazo Nitobe, +_Bushido: the Soul of Japan_). + +Many writers translate the term ju-jutsu "to conquer by yielding" (Jap. +_ju_, pliant), and this phrase well expresses a salient characteristic +of the art, since the weight and strength of the opponent are employed +to his own undoing. When, for example, a big man rushes at a smaller +opponent, the smaller man, instead of seeking to oppose strength to +strength, falls backwards or sidewise, pulling his heavy adversary after +him and taking advantage of his loss of balance to gain some lock or +hold known to the science. This element of yielding in order to conquer +is thus referred to in Lafcadio Hearn's _Out of the East_: "In jiu-jitsu +there is a sort of counter for every twist, wrench, pull, push or bend: +only the jiu-jitsu expert does not oppose such movements. No; he yields +to them. But he does much more than that. He aids them with a wicked +sleight that causes the assailant to put out his own shoulder, to +fracture his own arm, or, in a desperate case, even to break his own +neck or back." + +The knowledge of anatomy mentioned by Nitobe is acquired in order that +the combatant may know the weak parts of his adversary's body and attack +them. Several of these sensitive places, for instance the partially +exposed nerve in the elbow popularly known as the "funny-bone" and the +complex of nerves over the stomach called the solar plexus, are familiar +to the European, but the ju-jutsu expert is acquainted with many others +which, when compressed, struck, or pinched, cause temporary paralysis of +a more or less complete nature. Such places are the arm-pit, the ankle +and wrist bones, the tendon running downward from the ear, the "Adam's +apple," and the nerves of the upper arm. In serious fighting almost any +hold or attack is resorted to, and a broken or badly sprained limb is +the least that can befall the victim; but in the practice of the art as +a means of physical culture the knowledge of the different grips is +assumed on both sides, as well as the danger of resisting too long. For +this reason the combatant, when he feels himself on the point of being +disabled, is instructed to signal his acknowledgment of defeat by +striking the floor with hand or foot. The bout then ends and both +combatants rise and begin afresh. It will be seen that a victory in +ju-jutsu does not mean that the opponent shall be placed in some +particular position, as in wrestling, but in any position in which his +judgment or knowledge tells him that, unless he yields, he will suffer a +disabling injury. This difference existed between the wrestling and the +_pancratium_ of the Olympic games. In the _pancratium_ the fight went on +until one combatant acknowledged defeat, but, although many a man +allowed himself to be beaten into insensibility rather than suffer this +humiliation, it was nevertheless held to be a disgrace to kill an +opponent. + +A modern bout at ju-jutsu usually begins by the combatants taking hold +with both hands upon the collars of each other's jackets or kimonos, +after which, upon the word to start being given, the manoeuvring for an +advantageous grip begins by pushes, pulls, jerks, falls, grips or other +movements. Once the wrist, ankle, neck, arm or leg of an assailant is +firmly grasped so that added force will dislocate it, there is nothing +for the seized man to do, in case he is still on his feet, but go to the +floor, often being thrown clean over his opponent's head. A fall of this +kind does not necessarily mean defeat, for the struggle proceeds upon +the floor, where indeed most of the combat takes place, and the ju-jutsu +expert receives a long training in the art of falling without injury. +Blows are delivered, not with the fist, but with the open hand, the +exterior edge of which is hardened by exercises. + +The physical training necessary to produce expertness is the most +valuable feature of ju-jutsu. The system includes a light and nourishing +diet, plenty of sleep, deep-breathing exercises, an abundance of fresh +air and general moderation in habits, in addition to the actual +gymnastic exercises for the purpose of muscle-building and the +cultivation of agility of eye and mind as well as of body. It is +practised by both sexes in Japan. + +Many attempts have been made in England and America to match ju-jutsu +experts against wrestlers, mostly of the "catch-as-catch can" school, +but these trials have, almost without exception, proved unsatisfactory, +since many of the most efficacious tricks of ju-jutsu, such as the +strangle holds and twists of wrists and ankles, are accounted foul in +wrestling. Nevertheless the Japanese athletes, even when obliged to +forgo these, have usually proved more than a match for European +wrestlers of their own weight. + + See H. Irving Hancock's _Japanese Physical Training_ (1904); _Physical + Training for Women by Japanese Methods_ (1904); _The Complete Kano + Jiu-jitsu_ (_Jiudo_) (1905); M. Ohashi, _Japanese Physical Culture_ + (1904); K. Saito, _Jiu-jitsu Tricks_ (1905). + + + + +JUJUY, a northern province of the Argentine Republic, bounded N. and +N.W. by Bolivia, N.E., E., S. and S.W. by Salta, and W. by the Los Andes +territory. Pop. (1895), 49,713; (1905, estimate), 55,450, including many +mestizos. Area, 18,977 sq. m., the greater part being mountainous. The +province is traversed from N. to S. by three distinct ranges belonging +to the great central Andean plateau: the Sierra de Santa Catalina, the +Sierra de Humahuaca, and the Sierras de Zenta and Santa Victoria. In the +S.E. angle of the province are the low, isolated ranges of Alumbre and +Santa Barbara. Between the more eastern of these ranges are valleys of +surpassing fertility, watered by the Rio Grande de Jujuy, a large +tributary of the Bermejo. The western part, however, is a high plateau +(parts of which are 11,500 ft. above sea-level), whose general +characteristics are those of the _puna_ regions farther west. The +surface of this high plateau is broken, semi-arid and desolate, having a +very scanty population and no important industry beyond the breeding of +a few goats and the fur-bearing chinchilla. There are two large saline +lagoons: Toro, or Pozuelos, in the N., and Casabindo, or Guayatayoc, in +the S. The climate is cool, dry and healthy, with violent tempests in +the summer season. (For a vivid description of this interesting region, +see F. O'Driscoll, "A Journey to the North of the Argentine Republic," +_Geogr. Jour._ xxiv. 1904.) The agricultural productions of Jujuy +include sugar cane, wheat, Indian corn, alfalfa and grapes. The breeding +of cattle and mules for the Bolivian and Chilean markets is an old +industry. Coffee has been grown in the department of Ledesma, but only +to a limited extent. There are also valuable forest areas and +undeveloped mineral deposits. Large borax deposits are worked in the +northern part of the province, the output in 1901 having been 8000 tons. +The province is traversed from S. to N. by the Central Northern railway, +a national government line, which has been extended to the Bolivian +frontier. It passes through the capital and up the picturesque Humahuaca +valley, and promises, under capable management, to be an important +international line, affording an outlet for southern Bolivia. The +climate of the lower agricultural districts is tropical, and irrigation +is employed in some places in the long dry season. + +The capital, Jujuy (estimated pop. 1905, 5000), is situated on the Rio +Grande at the lower end of the Humahuaca valley, 942 m. from Buenos +Aires by rail. It was founded in 1593 and is 4035 ft. above sea-level. +It has a mild, temperate climate and picturesque natural surroundings, +and is situated on the old route between Bolivia and Tucuman, but its +growth has been slow. + + + + +JUKES, JOSEPH BEETE (1811-1869), English geologist, was born at Summer +Hill, near Birmingham, on the 10th of October 1811. He took his degree +at Cambridge in 1836. He began the study of geology under Sedgwick, and +in 1839 was appointed geological surveyor of Newfoundland. He returned +to England at the end of 1840, and in 1842 sailed as naturalist on board +H.M.S. "Fly," despatched to survey Torres Strait, New Guinea, and the +east coast of Australia. Jukes landed in England again in June 1846, and +in August received an appointment on the geological survey of Great +Britain. The district to which he was first sent was North Wales. In +1847 he commenced the survey of the South Staffordshire coal-field and +continued this work during successive years after the close of +field-work in Wales. The results were published in his _Geology of the +South Staffordshire Coal-field_ (1853; 2nd ed. 1859), a work remarkable +for its accuracy and philosophic treatment. In 1850 he accepted the post +of local director of the geological survey of Ireland. The exhausting +nature of this work slowly but surely wore out even his robust +constitution and on the 29th of July 1869 he died. For many years he +lectured as professor of geology, first at the Royal Dublin Society's +Museum of Irish Industry, and afterwards at the Royal College of Science +in Dublin. He was an admirable teacher, and his _Student's Manual_ was +the favoured textbook of British students for many years. During his +residence in Ireland he wrote an article "On the Mode of Formation of +some of the River-valleys in the South of Ireland" (_Quarterly Journ. +Geol. Soc._ 1862), and in this now classic essay he first clearly +sketched the origin and development of rivers. In later years he devoted +much attention to the relations between the Devonian system and the +Carboniferous rocks and Old Red Sandstone. + + Jukes wrote many papers that were printed in the London and Dublin + geological journals and other periodicals. He edited, and in great + measure wrote, forty-two memoirs explanatory of the maps of the south, + east and west of Ireland, and prepared a geological map of Ireland on + a scale of 8 m. to an inch. He was also the author of _Excursions in + and about Newfoundland_ (2 vols., 1842); _Narrative of the Surveying + Voyage of H. M. S. "Fly"_ (2 vols., 1847); _A Sketch of the Physical + Structure of Australia_ (1850); _Popular Physical Geology_ (1853); + _Student's Manual of Geology_ (1857; 2nd ed. 1862; a later edition was + revised by A. Geikie, 1872); the article "Geology" in the _Ency. + Brit._ 8th ed. (1858) and _School Manual of Geology_ (1863). See + _Letters, &c., of J. Beete Jukes, edited, with Connecting Memorial + Notes, by his Sister_ (C. A. Browne) (1871), to which is added a + chronological list of Jukes's writings. + + + + +JULIAN (FLAVIUS CLAUDIUS JULIANUS) (331-363), commonly called JULIAN THE +APOSTATE, Roman emperor, was born in Constantinople in 331,[1] the son +of Julius Constantius and his wife Basilina, and nephew of Constantine +the Great. He was thus a member of the dynasty under whose auspices +Christianity became the established religion of Rome. The name Flavius +he inherited from his paternal grandfather Constantius Chlorus; Julianus +came from his maternal grandfather; Claudius had been assumed by +Constantine's family in order to assert a connexion with Claudius +Gothicus. + +Julian lost his mother not many months after he was born. He was only +six when his imperial uncle died; and one of his earliest memories must +have been the fearful massacre of his father and kinsfolk, in the +interest and more or less at the instigation of the sons of Constantine. +Only Julian and his elder half-brother Gallus were spared, Gallus being +too ill and Julian too young to excite the fear or justify the cruelty +of the murderers. Gallus was banished, but Julian was allowed to remain +in Constantinople, where he was carefully educated under the supervision +of the family eunuch Mardonius, and of Eusebius, bishop of Nicomedia. +About 344 Gallus was recalled, and the two brothers were removed to +Macellum, a remote and lonely castle in Cappadocia. Julian was trained +to the profession of the Christian religion; but he became early +attracted to the old faith, or rather to the idealized amalgam of +paganism and philosophy which was current among his teachers, the +rhetoricians. Cut off from all sympathy with the reigning belief by the +terrible fate of his family, and with no prospect of a public career, he +turned with all the eagerness of an enthusiastic temperament to the +literary and philosophic studies of the time. The old Hellenic world had +an irresistible attraction for him. Love for its culture was in Julian's +mind intimately associated with loyalty to its religion. + +In the meantime the course of events had left as sole autocrat of the +Roman Empire his cousin Constantius, who, feeling himself unequal to the +enormous task, called Julian's brother Gallus to a share of power, and +in March 351 appointed him Caesar. At the same time Julian was permitted +to return to Constantinople, where he studied grammar under Nicocles and +rhetoric under the Christian sophist Hecebolius. After a short stay in +the capital Julian was ordered to remove to Nicomedia, where he made the +acquaintance of some of the most eminent rhetoricians of the time, and +became confirmed in his secret devotion to the pagan faith. He promised +not to attend the lectures of Libanius, but bought and read them. But +his definite conversion to paganism was attributed to the neo-platonist +Maximus of Ephesus, who may have visited him at Nicomedia. The downfall +of Gallus (354), who had been appointed governor of the East, again +exposed Julian to the greatest danger. By his rash and headstrong +conduct Gallus had incurred the enmity of Constantius and the eunuchs, +his confidential ministers, and was put to death. Julian fell under a +like suspicion, and narrowly escaped the same fate. For some months he +was confined at Milan (_Mediolanum_) till at the intercession of the +empress Eusebia, who always felt kindly towards him, permission was +given him to retire to a small property in Bithynia. While he was on his +way, Constantius recalled him, but allowed--or rather ordered--him to +take up his residence at Athens. The few months he spent there +(July-October 355) were probably the happiest of his life. + +The emperor Constantius and Julian were now the sole surviving male +members of the family of Constantine; and, as the emperor again felt +himself oppressed by the cares of government, there was no alternative +but to call Julian to his assistance. At the instance of the empress he +was summoned to Milan, where Constantius bestowed upon him the hand of +his sister Helena, together with the title of Caesar and the government +of Gaul. + +A task of extreme difficulty awaited him beyond the Alps. During recent +troubles the Alamanni and other German tribes had crossed the Rhine; +they had burned many flourishing cities, and extended their ravages far +into the interior of Gaul. The internal government of the province had +also fallen into great confusion. In spite of his inexperience, Julian +quickly brought affairs into order. He completely overthrew the Alamanni +in the great battle of Strassburg (August 357). The Frankish tribes +which had settled on the western bank of the lower Rhine were reduced to +submission. In Gaul he rebuilt the cities which had been laid waste, +re-established the administration on a just and secure footing, and as +far as possible lightened the taxes, which weighed so heavily on the +poor provincials. Paris was the usual residence of Julian during his +government of Gaul, and his name has become inseparably associated with +the early history of the city. + +Julian's reputation was now established. He was general of a victorious +army enthusiastically attached to him and governor of a province which +he had saved from ruin; but he had also become an object of fear and +jealousy at the imperial court. Constantius accordingly resolved to +weaken his power. A threatened invasion of the Persians was made an +excuse for withdrawing some of the best legions from the Gallic army. +Julian recognized the covert purpose of this, yet proceeded to fulfil +the commands of the emperor. A sudden movement of the legions themselves +decided otherwise. At Paris, on the night of the parting banquet, they +forced their way into Julian's tent, and, proclaiming him emperor, +offered him the alternative either of accepting the lofty title or of an +instant death. Julian accepted the empire, and sent an embassy with a +deferential message to Constantius. The message being contemptuously +disregarded, both sides prepared for a decisive struggle. After a march +of unexampled rapidity through the Black Forest and down the Danube, +Julian reached Sirmium, and was on the way to Constantinople, when he +received news of the death of Constantius, who had set out from Syria to +meet him, at Mopsucrene in Cilicia (Nov. 3, 361). Without further +trouble Julian found himself everywhere acknowledged the sole ruler of +the Roman Empire; it is even asserted that Constantius himself on his +death-bed had designated him his successor. Julian entered +Constantinople on the 11th of December 361. + +Julian had already made a public avowal of paganism, of which he had +been a secret adherent from the age of twenty. It was no ordinary +profession, but the expression of a strong and even enthusiastic +conviction; the restoration of the pagan worship was to be the great aim +and controlling principle of his government. His reign was too short to +show what precise form the pagan revival might ultimately have taken, +how far his feelings might have become embittered by his conflict with +the Christian faith, whether persecution, violence and civil war might +not have taken the place of the moral suasion which was the method he +originally affected. He issued an edict of universal toleration; but in +many respects he used his imperial influence unfairly to advance the +work of restoration. In order to deprive the Christians of the +advantages of culture, and discredit them as an ignorant sect, he +forbade them to teach rhetoric. The symbols of paganism and of the +imperial dignity were so artfully interwoven on the standards of the +legions that they could not pay the usual homage to the emperor without +seeming to offer worship to the gods; and, when the soldiers came +forward to receive the customary donative, they were required to throw a +handful of incense on the altar. Without directly excluding Christians +from the high offices of state, he held that the worshippers of the gods +ought to have the preference. In short, though there was no direct +persecution, he exerted much more than a moral pressure to restore the +power and prestige of the old faith. + +Having spent the winter of 361-362 at Constantinople, Julian proceeded +to Antioch to prepare for his great expedition against Persia. His stay +there was a curious episode in his life. It is doubtful whether his +pagan convictions or his ascetic life, after the fashion of an antique +philosopher, gave most offence to the so-called Christians of the +dissolute city. They soon grew heartily tired of each other, and Julian +took up his winter quarters at Tarsus, from which in early spring he +marched against Persia. At the head of a powerful and well-appointed +army he advanced through Mesopotamia and Assyria as far as Ctesiphon, +near which he crossed the Tigris, in face of a Persian army which he +defeated. Misled by the treacherous advice of a Persian nobleman, he +desisted from the siege, and set out to seek the main army of the enemy +under Shapur II. (q.v.). After a long, useless march he was forced to +retreat, and found himself enveloped by the whole Persian army, in a +waterless and desolate country, at the hottest season of the year. The +Romans repulsed the enemy in many an obstinate battle, but on the 26th +of June 363 Julian, who was ever in the front, was mortally wounded. The +same night he died in his tent. In the most authentic historian of his +reign, Ammianus Marcellinus, we find a noble speech, which he is said to +have addressed to his afflicted officers. Soon after his death the +rumour spread that the fatal wound had been inflicted by a Christian in +the Roman army. The well-known statement, first found in Theodoret (fl. +5th century), that Julian threw his blood towards heaven, exclaiming, +"Thou hast conquered, O Galilean!" is probably a development of the +account of his death in the poems of Ephraem Syrus. + +From Julian's unique position as the last champion of a dying +polytheism, his character has always excited interest. Authors such as +Gregory of Nazianzus have heaped the fiercest anathemas upon him; but a +just and sympathetic criticism finds many noble qualities in his +character. In childhood and youth he had learned to regard Christianity +as a persecuting force. The only sympathetic friends he met were among +the pagan rhetoricians and philosophers; and he found a suitable outlet +for his restless and inquiring mind only in the studies of ancient +Greece. In this way he was attracted to the old paganism; but it was a +paganism idealized by the philosophy of the time. + +In other respects Julian was no unworthy successor of the Antonines. +Though brought up in a studious and pedantic solitude, he was no sooner +called to the government of Gaul than he displayed all the energy, the +hardihood and the practical sagacity of an old Roman. In temperance, +self-control and zeal for the public good, as he understood it, he was +unsurpassed. To these Roman qualities he added the culture, literary +instincts and speculative curiosity of a Greek. One of the most +remarkable features of his public life was the perfect ease and mastery +with which he associated the cares of war and statesmanship with the +assiduous cultivation of literature and philosophy. Yet even his +devotion to culture was not free from pedantry and dilettantism. His +contemporaries observed in him a want of naturalness. He had not the +moral health or the composed and reticent manhood of a Roman, or the +spontaneity of a Greek. He was never at rest; in the rapid torrent of +his conversation he was apt to run himself out of breath; his manner was +jerky and spasmodic. He showed quite a deferential regard for the +sophists and rhetoricians of the time, and advanced them to high offices +of state; there was real cause for fear that he would introduce the +government of pedants in the Roman empire. Last of all, his love for the +old philosophy was sadly disfigured by his devotion to the old +superstitions. He was greatly given to divination; he was noted for the +number of his sacrificial victims. Wits applied to him the joke that had +been passed on Marcus Aurelius: "The white cattle to Marcus Caesar, +greeting. If you conquer, there is an end of us." + + BIBLIOGRAPHY.--The works of Julian, of which there are complete + editions by E. Spanheim (Leipzig, 1696) and F. C. Hertlein (Teubner + series, 1875-1876), consist of the following: (1) _Letters_, of which + more than eighty have been preserved under his name, although the + genuineness of several has been disputed. For his views on religious + toleration and his attitude towards Christians and Jews the most + important are 25-27, 51, 52, and the fragment in Hertlein, i. 371. The + letter of Gallus to Julian, warning him against reverting to + heathenism, is probably a Christian forgery. Six new letters were + discovered in 1884 by A. Papadopulos Kerameus in a monastery on the + island of Chalcis near Constantinople (see _Rheinisches Museum_, + xlii., 1887). Separate edition of the letters by L. H. Heyler (1828); + see also J. Bidez and F. Cumont, "Recherches sur la tradition MS. des + lettres de l'empereur Julian" in _Mémoires couronnés ... publiés par + l'Acad. royale de Belgique_, lvii. (1898) and F. Cumont, _Sur + l'authenticité de quelques lettres de Julien_ (1889). (2) _Orations_, + eight in number--two panegyrics on Constantius, one on the empress + Eusebia, two theosophical declamations on King Helios and the Mother + of the Gods, two essays on true and false cynicism, and a consolatory + address to himself on the departure of his friend Salustius to the + East. (3) _Caesares or Symposium_, a satirical composition after the + manner of Seneca's _Apocolocyntosis_, in which the deified Caesars + appear in succession at a banquet given in Olympus, to be censured for + their vices and crimes by old Silenus. (4) _Misopogon_ (the + beard-hater), written at Antioch, a satire on the licentiousness of + its inhabitants; while at the same time his own person and manner of + life are treated in a whimsical spirit. It also contains a charming + description of Lutetia (Paris). It owes its name to the ridicule + heaped upon his beard by the Antiocheans, who were in the habit of + shaving. (5) Five epigrams, two of which (_Anth. Pal._, ix. 365, 368) + are of some interest. (6) [Greek: Karà Christianôn] (_Adversus + Christianos_) in three books, an attack on Christianity written during + the Persian campaign, is lost. Theodosius II. ordered all copies of it + to be destroyed, and our knowledge of its contents is derived almost + entirely from the _Contra Julianum_ of Cyril, bishop of Alexandria, + written sixty years later (see _Juliani librorum contra Christianos + quae supersunt_, ed. C. J. Neumann 1880). _English Translations_: + Select works by J. Duncombe (1784) containing all except the first + seven orations (viii. and the fable from vii. are included): the + theosophical addresses to King Helios and the Mother of the Gods by + Thomas Taylor (1793) and C. W. King in Bohn's _Classical Library_ + (1888); the public letters, by E. J. Chinnock (1901). + + AUTHORITIES.--1. _Ancient_: (a) Pagan writers. Of these the most + trustworthy and impartial is the historian Ammianus Marcellinus (xv. + 8-xxv.), a contemporary and in part an eye-witness of the events he + describes (other historians are Zosimus and Eutropius); the sophist + Libanius, who in speaking of his imperial friend shows himself + creditably free from exaggeration and servility; Eunapius (in his + lives of Maximus, Oribasius, the physician and friend of Julian, and + Prohaeresius) and Claudius Mamertinus, the panegyrist, are less + trustworthy. (b) Christian writers. Gregory of Nazianzus, the author + of two violent invectives against Julian; Rufinus; Socrates; Sozomen; + Theodoret; Philostorgius; the poems of Ephraem Syrus written in 363; + Zonaras; Cedrenus; and later Byzantine chronographers. The impression + which Julian produced on the Christians of the East is reflected in + two Syriac romances published by J. G. E. Hoffmann, _Julianos der + Abtrünnige_ (1880; see also Th. Nöldeke in _Zeitschrift der deutschen + morgenländischen Gesellschaft_ [1874], xxviii. 263). + + 2. _Modern._ For works before 1878 see R. Engelmann, _Scriptores + Graeci_ (8th ed., by E. Preuss, 1880). Of later works the most + important are G. H. Rendall, _The Emperor Julian, Paganism and + Christianity_ (1879); Alice Gardner, _Julian, Philosopher and Emperor_ + (1895); G. Negri, _Julian the Apostate_ (Eng. trans., 1905); E. + Müller, _Kaiser Flavius Claudius Julianus_ (1901); P. Allard, _Julien + l'apostat_ (1900-1903); G. Mau, _Die Religionsphilosophie Kaiser + Julians in seinen Reden auf König Helios und die Göttermutter_ (1907); + J. E. Sandys, _Hist. of Classical Scholarship_ (1906), p. 356; W. + Christ, _Geschichte der griechischen Litteratur_ (1898), § 603; J. + Geffcken, "Kaiser Julianus und die Streitschriften seiner Gegner," in + _Neue Jahrb. f. das klassische Altertum_ (1908), pp. 161-195. The + sketch by Gibbon (_Decline and Fall_, chs. xix., xxii.-xxiv.) and the + articles by J. Wordsworth in Smith's _Dictionary of Christian + Biography_ and A. Harnack in Herzog-Hauck's _Realencyklopädie für + protestantische Theologie_ ix. (1901) are valuable, the last + especially for the bibliography. (T. K.; J. H. F.) + + +FOOTNOTE: + + [1] For the date of Julian's birth see Gibbon's _Decline and Fall_ + (ed. Bury), ii. 247, note 11. The choice seems to lie between May 331 + and May 332. If the former be adopted, Julian must have died in the + thirty-third, not the thirty-second, year of his age (as stated in + Ammianus Marcellinus, xxv. 3, 23). + + + + +JÜLICH (Fr. _Juliers_), a town of Germany, in the Prussian Rhine +province, on the right bank of the Roer, 16 m. N.E. of Aix-la-Chapelle. +Pop. (1900), 5459. It contains an Evangelical and two Roman Catholic +churches, a gymnasium, a school for non-commissioned officers, which +occupies the former ducal palace, and a museum of local antiquities. Its +manufactures include sugar, leather and paper. Jülich (formerly also +Gülch, Guliche) the capital of the former duchy of that name, is the +Juliacum of the _Antonini Itinerarium_; some have attributed its origin +to Julius Caesar. It became a fortress in the 17th century, and was +captured by the archduke Leopold in 1609, by the Dutch under Maurice of +Orange in 1610, and by the Spaniards in 1622. In 1794 it was taken by +the French, who held it until the peace of Paris in 1814. Till 1860, +when its works were demolished, Jülich ranked as a fortress of the +second class. + +JÜLICH, or JULIERS, DUCHY OF. In the 9th century a certain Matfried was +count of Jülich (pagus Juliacensis), and towards the end of the 11th +century one Gerhard held this dignity. This Gerhard founded a family of +hereditary counts, who held Jülich as immediate vassals of the emperor, +and in 1356 the county was raised to the rank of a duchy. The older and +reigning branch of the family died in 1423, when Jülich passed to +Adolph, duke of Berg (d. 1437), who belonged to a younger branch, and +who had obtained Berg by virtue of the marriage of one of his +ancestors. Nearly a century later Mary (d. 1543) the heiress of these +two duchies, married John, the heir of the duchy of Cleves, and in 1521 +the three duchies, Jülich, Berg and Cleves, together with the counties +of Ravensberg and La Marck, were united under John's sway. John died in +1539 and was succeeded by his son William who reigned until 1592. + +At the beginning of the 17th century the duchies became very prominent +in European politics. The reigning duke, John William, was childless and +insane, and several princes were only waiting for his demise in order to +seize his lands. The most prominent of these princes were two Protestant +princes, Philip Louis, count palatine of Neuburg, who was married to the +duke's sister Anna, and John Sigismund, elector of Brandenburg, whose +wife was the daughter of another sister. Two other sisters were married +to princes of minor importance. Moreover, by virtue of an imperial +promise made in 1485 and renewed in 1495, the elector of Saxony claimed +the duchies of Jülich and Berg, while the proximity of the coveted lands +to the Netherlands made their fate a matter of great moment to the +Dutch. When it is remembered that at this time there was a great deal of +tension between the Roman Catholics and the Protestants, who were fairly +evenly matched in the duchies, and that the rivalry between France and +the Empire was very keen, it will be seen that the situation lacked no +element of discord. In March 1609 Duke John William died. Having assured +themselves of the support of Henry IV. of France and of the Evangelical +Union, Brandenburg and Neuburg at once occupied the duchies. To counter +this stroke and to support the Saxon claim, the emperor Rudolph II. +ordered some imperialist and Spanish troops to seize the disputed lands, +and it was probably only the murder of Henry IV. in May 1610 and the +death of the head of the Evangelical Union, the elector palatine, +Frederick IV., in the following September, which prevented, or rather +delayed, a great European war. About this time the emperor adjudged the +duchies to Saxony, while the Dutch captured the fortress of Jülich; but +for all practical purposes victory remained with the "possessing +princes," as Brandenburg and Neuburg were called, who continued to +occupy and to administer the lands. These two princes had made a compact +at Dortmund in 1609 to act together in defence of their rights, but +proposals for a marriage alliance between the two houses broke down and +differences soon arose between them. The next important step was the +timely conversion of the count palatine's heir, Wolfgang William of +Neuburg, to Roman Catholicism, and his marriage with a daughter of the +powerful Roman Catholic prince, Duke Maximilian of Bavaria. The rupture +between the possessing princes was now complete. Each invited foreign +aid. Dutch troops marched to assist the elector of Brandenburg and +Spanish ones came to aid the count palatine, but through the +intervention of England and France peace was made and the treaty of +Xanten was signed in November 1614. By this arrangement Brandenburg +obtained Jülich and Berg, the rest of the lands falling to the count +palatine. In 1666 the great elector, Frederick William of Brandenburg, +made with William, count palatine of Neuburg, a treaty of mutual +succession to the duchies, providing that in case the male line of +either house became extinct the other should inherit its lands. + +The succession to the duchy of Jülich was again a matter of interest in +the earlier part of the 18th century. The family of the counts palatine +of Neuburg was threatened with extinction and the emperor Charles VI. +promised the succession to Jülich to the Prussian king, Frederick +William I., in return for a guarantee of the pragmatic sanction. A +little later, however, he promised the same duchy to the count palatine +of Sulzbach, a kinsman of the count palatine of Neuburg. Then Frederick +the Great, having secured Silesia, abandoned his claim to Jülich, which +thus passed to Sulzbach when, in 1742, the family of Neuburg became +extinct. From Sulzbach the duchy came to the electors palatine of the +Rhine, and, when this family died out in 1799, to the elector of +Bavaria, the head of the other branch of the house of Wittelsbach. In +1801 Jülich was seized by France, and by the settlement of 1815 it came +into the hands of Prussia. Its area was just over 1600 sq. m. and its +population about 400,000. + + See Kuhl, _Geschichte der Stadt Jülich_; M. Ritter, _Sachsen und der + Jülicher Erbfolgestreit_ (1873), and _Der Jülicher Erbfolgekrieg, 1610 + und 1611_ (1877); A. Müller, _Der Jülich-Klevesche Erbfolgestreit im + Jahre 1614_ (1900) and H. H. Koch, _Die Reformation im Herzogtum + Jülich_ (1883-1888). + + + + +JULIEN, STANISLAS (1797?-1873), French orientalist, was born at Orleans, +probably on the 13th of April 1797. Stanislas Julien, a mechanic of +Orleans, had two sons, Noël, born on the 13th of April 1797, and +Stanislas, born on the 20th of September 1799. It appears that the +younger son died in America, and that Noël then adopted his brother's +name. He studied classics at the collège de France, and in 1821 was +appointed assistant professor of Greek. In the same year he published an +edition of the [Greek: Helenês harpagê] of Coluthus, with versions in +French, Latin, English, German, Italian and Spanish. He attended the +lectures of Abel Rémusat on Chinese, and his progress was as rapid as it +had been in other languages. From the first, as if by intuition, he +mastered the genius of the language; and in 1824 he published a Latin +translation of a part of the works of Mencius (Mang-tse), one of the +nine classical books of the Chinese. Soon afterwards he translated the +modern Greek odes of Kalvos under the title of _La Lyre patriotique de +la Grèce_. But such works were not profitable in a commercial sense, +and, being without any patrimony, Julien was glad to accept the +assistance of Sir William Drummond and others, until in 1827 he was +appointed sublibrarian to the French institute. In 1832 he succeeded +Rémusat as professor of Chinese at the collège de France. In 1833 he was +elected a member of the Académie des Inscriptions in the place of the +orientalist, Antoine Jean Saint-Martin. For some years his studies had +been directed towards the dramatic and lighter literature of the +Chinese, and in rapid succession he now brought out translations of the +_Hoei-lan-ki_ (_L'Histoire du cercle de craie_), a drama in which occurs +a scene curiously analogous to the judgment of Solomon; the _Pih shay +tsing ki_; and the _Tchao-chi kou eul_, upon which Voltaire had founded +his _Orphelin de la Chine_ (1755). With the versatility which belonged +to his genius, he next turned, apparently without difficulty, to the +very different style common to Taoist writings, and translated in 1835 +_Le Livre des récompenses et des peines_ of Lao-tsze. About this time +the cultivation of silkworms was beginning to attract attention in +France, and by order of the minister of agriculture Julien compiled, in +1837, a _Résumé des principaux traités chinois sur la culture des +mûriers, et l'éducation des vers-à-soie_, which was speedily translated +into English, German, Italian and Russian. + +Nothing was more characteristic of his method of studying Chinese than +his habit of collecting every peculiarity of idiom and expression which +he met with in his reading; and, in order that others might reap the +benefit of his experiences, he published in 1841 _Discussions +grammaticales sur certaines règles de position qui, en chinois, jouent +le même rôle que les inflexions dans les autres langues_, which he +followed in 1842 by _Exercices pratiques d'analyse, de syntaxe, et de +lexigraphie chinoise_. Meanwhile in 1839, he had been appointed joint +keeper of the Bibliothèque royale, with the especial superintendence of +the Chinese books, and shortly afterwards he was made administrator of +the collège de France. + +The facility with which he had learned Chinese, and the success which +his proficiency commanded, naturally inclined less gifted scholars to +resent the impatience with which he regarded their mistakes, and at +different times bitter controversies arose between Julien and his fellow +sinologues on the one subject which they had in common. In 1842 appeared +from his busy pen a translation of the _Tao te King_, the celebrated +work in which Lao-tsze attempted to explain his idea of the relation +existing between the universe and something which he called _Tao_, and +on which the religion of Taoism is based. From Taoism to Buddhism was a +natural transition, and about this time Julien turned his attention to +the Buddhist literature of China, and more especially to the travels of +Buddhist pilgrims to India. In order that he might better understand the +references to Indian institutions, and the transcriptions in Chinese of +Sanskrit words and proper names, he began the study of Sanskrit, and in +1853 brought out his _Voyages du pélérin Hiouen-tsang_, which is +regarded by some critics as his most valuable work. Six years later he +published _Les Avadânas, contes et apologues Indiens inconnus jusqu'à ce +jour, suivis de poésies et de nouvelles chinoises_. For the benefit of +future students he disclosed his system of deciphering Sanskrit words +occurring in Chinese books in his _Méthode pour déchiffrer et transcrire +les noms sanscrits qui se rencontrent dans les livres chinois_ (1861). +This work, which contains much of interest and importance, falls short +of the value which its author was accustomed to attach to it. It had +escaped his observation that, since the translations of Sanskrit works +into Chinese were undertaken in different parts of the empire, the same +Sanskrit words were of necessity differently represented in Chinese +characters in accordance with the dialectical variations. No hard and +fast rule can therefore possibly be laid down for the decipherment of +Chinese transcriptions of Sanskrit words, and the effect of this +impossibility was felt though not recognized by Julien, who in order to +make good his rule was occasionally obliged to suppose that wrong +characters had by mistake been introduced into the texts. His Indian +studies led to a controversy with Joseph Toussaint Reinaud, which was +certainly not free from the gall of bitterness. Among the many subjects +to which he turned his attention were the native industries of China, +and his work on the _Histoire et fabrication de la porcelaine chinoise_ +is likely to remain a standard work on the subject. In another volume he +also published an account of the _Industries anciennes et modernes de +l'empire chinois_ (1869), translated from native authorities. In the +intervals of more serious undertakings he translated the _San tseu King_ +(_Le Livre des trois mots_); _Thsien tseu wen_ (_Le Livre de mille +mots_); _Les Deux cousines_; _Nouvelles chinoises_; the _Ping chan ling +yen_ (_Les Deux jeunes filles lettrées_); and the _Dialoghi Cinesi_, +_Ji-tch'ang k' eou-t' eou-koa_. His last work of importance was _Syntaxe +nouvelle de la langue chinoise_ (1869), in which he gave the result of +his study of the language, and collected a vast array of facts and of +idiomatic expressions. A more scientific arrangement and treatment of +his subject would have added much to the value of this work, which, +however, contains a mine of material which amply repays exploration. One +great secret by which Julien acquired his grasp of Chinese, was, as we +have said, his methodical collection of phrases and idiomatic +expressions. Whenever in the course of his reading he met with a new +phrase or expression, he entered it on a card which took its place in +regular order in a long series of boxes. At his death, which took place +on the 14th of February 1873, he left, it is said, 250,000 of such +cards, about the fate of which, however, little seems to be known. In +politics Julien was imperialist, and in 1863 he was made a commander of +the legion of honour in recognition of the services he had rendered to +literature during the second empire. + + See notice and bibliography by Wallon, _Mém. de l'Acad. des Inscr._ + (1884), xxxi. 409-458. (R. K. D.) + + + + +JULIUS, the name of three popes. + +JULIUS I., pope from 337 to 352, was chosen as successor of Marcus after +the Roman see had been vacant four months. He is chiefly known by the +part which he took in the Arian controversy. After the Eusebians had, at +a synod held in Antioch, renewed their deposition of Athanasius they +resolved to send delegates to Constans, emperor of the West, and also to +Julius, setting forth the grounds on which they had proceeded. The +latter, after expressing an opinion favourable to Athanasius, adroitly +invited both parties to lay the case before a synod to be presided over +by himself. This proposal, however, the Eastern bishops declined to +accept. On his second banishment from Alexandria, Athanasius came to +Rome, and was recognized as a regular bishop by the synod held in 340. +It was through the influence of Julius that, at a later date, the +council of Sardica in Illyria was held, which was attended only by +seventy-six Eastern bishops, who speedily withdrew to Philippopolis and +deposed Julius, along with Athanasius and others. The Western bishops +who remained confirmed the previous decisions of the Roman synod; and by +its 3rd, 4th and 5th decrees relating to the rights of revision, the +council of Sardica endeavoured to settle the procedure of ecclesiastical +appeals. Julius on his death in April 352 was succeeded by Liberius. + (L. D.*) + +JULIUS II. (Giuliano della Rovere), pope from the 1st of November 1503 +to the 21st of February 1513, was born at Savona in 1443. He was at +first intended for a commercial career, but later was sent by his uncle, +subsequently Sixtus IV., to be educated among the Franciscans, although +he does not appear to have joined that order. He was loaded with favours +during his uncle's pontificate, being made bishop of Carpentras, bishop +of Bologna, bishop of Vercelli, archbishop of Avignon, cardinal-priest +of S. Pietro in Vincoli and of Sti Dodici Apostoli, and cardinal-bishop +of Sabina, of Frascati, and finally of Ostia and Velletri. In 1480 he +was made legate to France, mainly to settle the question of the +Burgundian inheritance, and acquitted himself with such ability during +his two years' stay that he acquired an influence in the college of +cardinals which became paramount during the pontificate of Innocent +VIII. A rivalry, however, growing up between him and Roderigo Borgia, he +took refuge at Ostia after the latter's election as Alexander VI., and +in 1494 went to France, where he incited Charles VIII. to undertake the +conquest of Naples. He accompanied the young king on his campaign, and +sought to convoke a council to inquire into the conduct of the pope with +a view to his deposition, but was defeated in this through Alexander's +machinations. During the remainder of that pontificate Della Rovere +remained in France, nominally in support of the pope, for whom he +negotiated the treaty of 1498 with Louis XII., but in reality bitterly +hostile to him. On the death of Alexander (1503) he returned to Italy +and supported the election of Pius III., who was then suffering from an +incurable malady, of which he died shortly afterwards. Della Rovere then +won the support of Cesare Borgia and was unanimously elected pope. +Julius II. from the beginning repudiated the system of nepotism which +had flourished under Sixtus IV., Innocent VIII. and Alexander VI., and +set himself with courage and determination to restore, consolidate and +extend the temporal possessions of the Church. By dexterous diplomacy he +first succeeded (1504) in rendering it impossible for Cesare Borgia to +remain in Italy. He then pacified Rome and the surrounding country by +reconciling the powerful houses of Orsini and Colonna and by winning the +other nobles to his own cause. In 1504 he arbitrated on the differences +between France and Germany, and concluded an alliance with them in order +to oust the Venetians from Faenza, Rimini and other towns which they +occupied. The alliance at first resulted only in compelling the +surrender of a few unimportant fortresses in the Romagna; but Julius +freed Perugia and Bologna in the brilliant campaign of 1506. In 1508 he +concluded against Venice the famous league of Cambray with the emperor +Maximilian, Louis XII. of France and Ferdinand of Aragon, and in the +following year placed the city of Venice under an interdict. By the +single battle of Agnadello the Italian dominion of Venice was +practically lost; but as the allies were not satisfied with merely +effecting his purposes, the pope entered into a combination with the +Venetians against those who immediately before had been engaged in his +behalf. He absolved the Venetians in the beginning of 1510, and shortly +afterwards placed the ban on France. At a synod convened by Louis XII. +at Tours in September, the French bishops announced their withdrawal +from the papal obedience and resolved, with Maximilian's co-operation, +to seek the deposition of Julius. In November 1511 a council actually +met at Pisa for this object, but its efforts were fruitless. Julius +forthwith formed the Holy league with Ferdinand of Aragon and with +Venice against France, in which both Henry VIII. and the emperor +ultimately joined. The French were driven out of Italy in 1512 and papal +authority was once more securely established in the states immediately +around Rome. Julius had already issued, on the 18th of July 1511, the +summons for a general council to deal with France, with the reform of +the Church, and with a war against the Turks. This council, which is +known as the Fifth Lateran, assembled on the 3rd of May 1512, condemned +the celebrated pragmatic sanction of the French church, and was still +in session when Julius died. In the midst of his combats, Julius never +neglected his ecclesiastical duties. His bull of the 14th of January +1505 against simony in papal elections was re-enacted by the Lateran +council (February 16, 1513). He condemned duelling by bull of the 24th +of February 1509. He effected some reforms in the monastic orders; urged +the conversion of the sectaries in Bohemia; and sent missionaries to +America, India, Abyssinia and the Congo. His government of the Papal +States was excellent. Julius is deserving of particular honour for his +patronage of art and literature. He did much to improve and beautify +Rome; he laid the foundation-stone of St Peter's (April 18, 1506); he +founded the Vatican museum; and he was a friend and patron of Bramante, +Raphael and Michelangelo. While moderate in personal expenditure, Julius +resorted to objectionable means of replenishing the papal treasury, +which had been exhausted by Alexander VI., and of providing funds for +his numerous enterprises; simony and traffic in indulgences were +increasingly prevalent. Julius was undoubtedly in energy and genius one +of the greatest popes since Innocent III., and it is a misfortune of the +Church that his temporal policy eclipsed his spiritual office. Though +not despising the Machiavellian arts of statecraft so universally +practised in his day, he was nevertheless by nature plain-spoken and +sincere, and in his last years grew violent and crabbed. He died of a +fever on the 21st of February 1513, and was succeeded by Leo X. + + See L. Pastor, _History of the Popes_, vol. vi., trans. by F. I. + Antrobus (1898); M. Creighton, _History of the Papacy_, vol. v. + (1901); F. Gregorovius, _Rome in the Middle Ages_, vol. viii., trans. + by Mrs G. W. Hamilton (1900-1902); Hefele-Hergenröther, + _Conciliengeschichte_, vol. viii., 2nd ed.; J. Klaczko, _Rome et la + renaissance ... Jules II._ (1898), trans. into English by J. Dennie + (New York, 1903); M. Brosch, _Papst Julius II. u. die Gründung des + Kirchenstaates_ (1878); A. J. Dumesnil, _Histoire de Jules II._ + (1873); J. J. I. von Döllinger, _Beiträge zur polit., kirchl., u. + Cultur-Geschichte der sechs letzten Jahrhunderte_, vol. iii. (1882); + A. Schulte, _Die Fugger in Rom 1495-1523, mit Studien zur Gesch. des + kirchlichen Finanzwesens jener Zeit_ (1904). (C. H. Ha.) + +JULIUS III. (Giovanni Maria del Monte), pope from 1550 to 1555, was born +on the 10th of September 1487. He was created cardinal by Paul III. in +1536, filled several important legations, and was elected pope on the +7th of February 1550, despite the opposition of Charles V., whose enmity +he had incurred as president of the council of Trent. Love of ease and +desire for peace moved him, however, to adopt a conciliatory attitude, +and to yield to the emperor's desire for the reassembling of the council +(September 1551), suspended since 1549. But deeming Charles's further +demands inconvenient, he soon found occasion in the renewal of +hostilities to suspend the council once more (April 1552). As an +adherent of the emperor he suffered in consequence of imperial reverses, +and was forced to confirm Parma to Ottavio Farnese, the ally of France +(1552). Weary of politics, and obeying a natural inclination to +pleasure, Julius then virtually abdicated the management of affairs, and +gave himself up to enjoyment, amusing himself with the adornment of his +villa, near the Porta del Popolo, and often so far forgetting the +proprieties of his office as to participate in entertainments of a +questionable character. His nepotism was of a less ambitious order than +that of Paul III.; but he provided for his family out of the offices and +revenues of the Church, and advanced unworthy favourites to the +cardinalate. What progress reform made during his pontificate was due to +its acquired momentum, rather than to the zeal of the pope. Yet under +Julius steps were taken to abolish plurality of benefices and to restore +monastic discipline; the Collegium Germanicum, for the conversion of +Germans, was established in Rome, 1552; and England was absolved by the +cardinal-legate Pole, and received again into the Roman communion +(1554). Julius died on the 23rd of March 1555, and was succeeded by +Marcellus II. + + See Panvinio, continuator of Platina, _De Vitis Pontiff. Rom._; + Ciaconius, _Vitae et res gestae summorum Pontiff. Rom._ (Rome, + 1601-1602) (both contemporaries of Julius III.); Ranke, _Popes_ (Eng. + trans., Austin), i. 276 seq.; v. Reumont, _Gesch. der Stadt Rom._, + iii. 2, 503 seq.; Brosch, _Gesch. des Kirchenstaates_ (1880), i. 189 + seq.; and extended bibliography in Herzog-Hauck, _Realencyklopädie_, + s.v. "Julius III." (T. F. C.) + + + + + +JULLIEN, LOUIS ANTOINE (1812-1860), musical conductor, was born at +Sisteron, Basses Alpes, France, on the 23rd of April 1812, and studied +at the Paris conservatoire. His fondness for the lightest forms of music +cost him his position in the school, and after conducting the band of +the Jardin Turc he was compelled to leave Paris to escape his creditors, +and came to London, where he formed a good orchestra and established +promenade concerts. Subsequently he travelled to Scotland, Ireland and +America with his orchestra. For many years he was a familiar figure in +the world of popular music in England, and his portly form with its +gorgeous waistcoats occurs very often in the early volumes of _Punch_. +He brought out an opera, _Pietro il Grande_, at Covent Garden (1852) on +a scale of magnificence that ruined him, for the piece was a complete +failure. He was in America until 1854, when he returned to London for a +short time; ultimately he went back to Paris, where, in 1859, he was +arrested for debt and put into prison. He lost his reason soon +afterwards, and died on the 14th of March 1860. + + + + +JULLUNDUR, or JALANDHAR, a city of British India, giving its name to a +district and a division in the Punjab. The city is 260 m. by rail N.W. +of Delhi. Pop. (1901), 67,735. It is the headquarters of a brigade in +the 3rd division of the northern army. There are an American +Presbyterian mission, a government normal school, and high schools +supported by Hindu bodies. + +The DISTRICT OF JULLUNDUR occupies the lower part of the tract known as +the Jullundur Doab, between the rivers Sutlej and Beas, except that it +is separated from the Beas by the state of Kapurthala. Area, 1431 sq. m. +Pop. (1901), 917,587, showing an increase of 1% in the decade; the +average density is 641 persons per square mile, being the highest in the +province. Cotton-weaving and sugar manufacture are the principal +industries for export trade, and silk goods and wheat are also exported. +The district is crossed by the main line of the North-Western railway +from Phillaur towards Amritsar. + +The Jullundur Doab in early times formed the Hindu kingdom of Katoch, +ruled by a family of Rajputs whose descendants still exist in the petty +princes of the Kangra hills. Under Mahommedan rule the Doab was +generally attached to the province of Lahore, in which it is included as +a _circar_ or governorship in the great revenue survey of Akbar. Its +governors seem to have held an autonomous position, subject to the +payment of a fixed tribute into the imperial treasury. The Sikh revival +extended to Jullundur at an early period, and a number of petty +chieftains made themselves independent throughout the Doab. In 1766 the +town of Jullundur fell into the hands of the Sikh confederacy of +Faiz-ulla-puria, then presided over by Khushal Singh. His son and +successor built a masonry fort in the town, while several other leaders +similarly fortified themselves in the suburbs. Meanwhile, Ranjit Singh +was consolidating his power in the south, and in 1811 he annexed the +Faiz-ulla-puria dominions. Thenceforth Jullundur became the capital of +the Lahore possessions in the Doab until the British annexation at the +close of the first Sikh war (1846). + +The DIVISION OF JULLUNDUR comprises the five districts of Kangra, +Hoshiarpur, Jullundur, Ludhiana and Ferozepore, all lying along the +river Sutlej. Area, 19,410 sq. m. Pop. (1901), 4,306,662. + + See _Jullundur District Gazetteer_ (Lahore, 1908). + + + + +JULY, the seventh month in the Christian calendar, consisting of +thirty-one days. It was originally the fifth month of the year, and as +such was called by the Romans _Quintilis_. The later name of Julius was +given in honour of Julius Caesar (who was born in the month); it came +into use in the year of his death. The Anglo-Saxons called July +_Hegmônath_, "hay-month," or _Maed-mônath_, "mead-month," the meadows +being then in bloom. Another name was _aftera lîða_, "the latter mild +month," in contradistinction to June, which was named "the former mild +month." Chief dates of the month: 3rd July, Dog Days begin; 15th July, +St Swithin; 25th July, St James. + + + + +JUMALA, the supreme god of the ancient Finns and Lapps. Among some +tribes he is called Num or Jilibeambaertje, as protector of the flocks. +Jumala indicates rather godhead than a divine being. In the runes Ukko, +the grandfather, the sender of the thunder, takes the place of Jumala. + + + + +JUMIÈGES, a village of north-western France, in the department of +Seine-Inférieure, 17 m. W. of Rouen by road, on a peninsula formed by a +bend of the Seine. Pop. (1906), 244. Jumièges is famous for the imposing +ruins of its abbey, one of the great establishments of the Benedictine +order. The principal remains are those of the abbey-church, built from +1040 to 1067; these comprise the façade with two towers, the walls of +the nave, a wall and sustaining arch of the great central tower and +débris of the choir (restored in the 13th century). Among the minor +relics, preserved in a small museum in a building of the 14th century, +are the stone which once covered the grave of Agnes Sorel, and two +recumbent figures of the 13th century, commonly known as the _Énervés_, +and representing, according to one legend, two sons of Clovis II., who, +as a punishment for revolt against their father, had the tendons of +their arms and legs cut, and were set adrift in a boat on the Seine. +Another tradition states that the statues represent Thassilo, duke of +Bavaria, and Theodo his son, relegated to Jumièges by Charlemagne. The +church of St Pierre, which adjoins the south side of the abbey-church, +was built in the 14th century as a continuation of a previous church of +the time of Charlemagne, of which a fragment still survives. Among the +other ruins, those of the chapter-house (13th century) and refectory +(12th and 15th centuries) also survive. + +The abbey of Jumièges was founded about the middle of the 7th century by +St Philibert, whose name is still to be read on gold and silver coins +obtained from the site. The abbey was destroyed by the Normans, but was +rebuilt in 928 by William Longsword, duke of Normandy, and continued to +exist till 1790. Charles VII. often resided there with Agnes Sorel, who +had a manor at Mesnil-sous-Jumièges in the neighbourhood, and died in +the monastery in 1450. + + + + +JUMILLA, a town of eastern Spain, in the province of Murcia, 40 m. N. by +W. of Murcia by road, on the right bank of the Arroyo del Jua, a +left-bank tributary of the Segura. Pop. (1900), 16,446. Jumilla occupies +part of a narrow valley, enclosed by mountains. An ancient citadel, +several churches, a Franciscan convent, and a hospital are the principal +buildings. The church of Santiago is noteworthy for its fine paintings +and frescoes, some of which have been attributed, though on doubtful +authority, to Peter Paul Rubens and other illustrious artists. The local +trade is chiefly in coarse cloth, esparto fabrics, wine and farm +produce. + + + + +JUMNA, or JAMUNA, a river of northern India. Rising in the Himalayas in +Tehri state, about 5 m. N. of the Jamnotri hot springs, in 31° 3´ N. and +78° 30´ E., the stream first flows S. for 7 m., then S.W. for 32 m., and +afterwards due S. for 26 m., receiving several small tributaries in its +course. It afterwards turns sharply to the W. for 14 m., when it is +joined by the large river Tons from the north. The Jumna here emerges +from the Himalayas into the valley of the Dun, and flows in a S.W. +direction for 22 m., dividing the Kiarda Dun on the W. from the Dehra +Dun on the E. It then, at the 95th mile of its course, forces its way +through the Siwalik hills, and debouches upon the plains of India at +Fyzabad in Saharanpur district. By this time a large river, it gives +off, near Fyzabad, the eastern and western Jumna canals. From Fyzabad +the river flows for 65 m. in a S.S.W. direction, receiving the Maskarra +stream from the east. Near Bidhauli, in Muzaffarnagar district, it turns +due S. for 80 m. to Delhi city, thence S.E. for 27 m. to near Dankaur, +receiving the waters of the Hindan river on the east. From Dankaur it +resumes its southerly course for 100 m. to Mahaban near Muttra, where it +turns E. for nearly 200 m., passing the towns of Agra, Ferozabad and +Etawah, receiving on its left bank the Karwan-nadi, and on its right the +Banganga (Utanghan). From Etawah it flows 140 m. S.E. to Hamirpur, being +joined by the Sengar on its north bank, and on the south by the great +river Chambal from the west, and by the Sind. From Hamirpur, the Jumna +flows nearly due E., until it enters Allahabad district and passes +Allahabad city, below which it falls into the Ganges in 25° 25´ N. and +81° 55´ E. In this last part of its course it receives the waters of the +Betwa and the Ken. Where the Jumna and the Ganges unite is the _prayag_, +or place of pilgrimage, where devout Hindus resort in thousands to wash +and be sanctified. + +The Jumna, after issuing from the hills, has a longer course through the +United Provinces than the Ganges, but is not so large nor so important a +river; and above Agra in the hot season it dwindles to a small stream. +This is no doubt partly caused by the eastern and western Jumna canals, +of which the former, constructed in 1823-1830, irrigates 300,000 acres +in the districts of Saharanpur, Muzaffarnagar and Meerut, in the United +Provinces; while the latter, consisting of the reopened channels of two +canals dating from about 1350 and 1628 respectively, extends through the +districts of Umballa, Karnal, Hissar, Rohtak and Delhi, and the native +states of Patiala and Jind in the Punjab, irrigating 600,000 acres. The +headworks of the two canals are situated near the point where the river +issues from the Siwaliks. + +The traffic on the Jumna is not very considerable; in its upper portion +timber, and in the lower stone, grain and cotton are the chief articles +of commerce, carried in the clumsy barges which navigate its stream. Its +waters are clear and blue, while those of the Ganges are yellow and +muddy; the difference between the streams can be discerned for some +distance below the point at which they unite. Its banks are high and +rugged, often attaining the proportions of cliffs, and the ravines which +run into it are deeper and larger than those of the Ganges. It traverses +the extreme edge of the alluvial plain of Hindustan, and in the latter +part of its course it almost touches the Bundelkhand offshoots of the +Vindhya range of mountains. Its passage is therefore more tortuous, and +the scenery along its banks more varied and pleasing, than is the case +with the Ganges. + +The Jumna at its source near Jamnotri is 10,849 ft. above the sea-level; +at Kotnur, 16 m. lower, it is only 5036 ft.; so that, between these two +places, it falls at the rate of 314 ft. in a mile. At its junction with +the Tons it is 1686 ft. above the sea; at its junction with the Asan, +1470 ft.; and at the point where it issues from the Siwalik hills into +the plains, 1276 ft. The catchment area of the river is 118,000 sq. m.; +its flood discharge at Allahabad is estimated at 1,333,000 cub. ft. per +second. The Jumna is crossed by railway bridges at Delhi, Muttra, Agra +and Allahabad, while bridges of boats are stationed at many places. + + + + +JUMPING,[1] a branch of athletics which has been cultivated from the +earliest times (see ATHLETIC SPORTS). Leaping competitions formed a part +of the _pentathlon_, or quintuple games, of the Olympian festivals, and +Greek chronicles record that the athlete Phayllus jumped a distance of +55 Olympian, or more than 30 English, feet. Such a leap could not have +been made without weights carried in the hands and thrown backwards at +the moment of springing. These were in fact employed by Greek jumpers +and were called _halteres_. They were masses of stone or metal, nearly +semicircular, according to Pausanias, and the fingers grasped them like +the handles of a shield. Halteres were also used for general exercise, +like modern dumb-bells. The Olympian jumping took place to the music of +lutes. + +Jumping has always been popular with British athletes, and tradition has +handed down the record of certain leaps that border on the incredible. +Two forms of jumping are included in modern athletic contests, the +running long jump and the running high jump; but the same jumps, made +from a standing position, are also common forms of competition, as well +as the hop step and jump, two hops and jump, two jumps, three jumps, +five jumps and ten jumps, either with a run or from a standing position. +These events are again divided into two categories by the use of +weights, which are not allowed in championship contests. + +In the running long jump anything over 18 ft. was once considered good, +while Peter O'Connor's world's record (1901) is 24 ft. 11¾ in. The jump +is made, after a short fast run on a cinder path, from a joist sunk into +the ground flush with the path, the jumper landing in a pit filled with +loose earth, its level a few inches below that of the path. The joist, +called the "take-off," is painted white, and all jumps are measured from +its edge to the nearest mark made by any part of the jumper's person in +landing. + +In the standing long jump, well spiked shoes should be worn, for it is +in reality nothing but a push against the ground, and a perfect purchase +is of the greatest importance. Weights held in the hands of course +greatly aid the jumper. Without weights J. Darby (professional) jumped +12 ft. 1½ in. and R. C. Ewry (American amateur) 11 ft. 4(7/8) in. With +weights J. Darby covered 14 ft. 9 in. at Liverpool in 1890, while the +amateur record is 12 ft. 9½ in., made by J. Chandler and G. L. Hellwig +(U.S.A.). The standing two, three, five and ten jumps are merely +repetitions of the single jump, care being taken to land with the proper +balance to begin the next leap. The record for two jumps without weights +is 22 ft. 2½ in., made by H. M. Johnson (U.S.A.); for three jumps +without weights, R. C. Ewry, 35 ft. 7¼ in.; with weights J. Darby, 41 +ft. 7 in. + +The hop step and jump is popular in Ireland and often included in the +programmes of minor meetings, and so is the two hops and a jump. The +record for the first, made by W. McManus, is 49 ft. 2½ in. with a run +and without weights; for the latter, also with a run and without +weights, 49 ft. ½ in., made by J. B. Conolly. + +In the running high jump also the standard has improved. In 1864 a jump +of 5 ft. 6 in. was considered excellent. The Scotch professional Donald +Dinnie, on hearing that M. J. Brooks of Oxford had jumped 6 ft. 2½ in. +in 1876, wrote to the newspapers to show that upon _a priori_ grounds +such an achievement was impossible. Since then many jumpers who can +clear over 6 ft. have appeared. In 1895 M. F. Sweeney of New York +accomplished a jump of 6 ft. 5(5/8) in. Ireland has produced many +first-class high jumpers, nearly all tall men, P. Leahy winning the +British amateur record in Dublin in 1898 with a jump of 6 ft. 4¾ in. The +American A. Bird Page, however, although only 5 ft. 6¾ in. in height, +jumped 6 ft. 4 in. High jumping is done over a light staff or lath +resting upon pins fixed in two uprights upon which a scale is marked. +The "take-off," or ground immediately in front of the uprights from +which the spring is made, is usually grass in Great Britain and cinders +in America. Some jumpers run straight at the bar and clear it with body +facing forward, the knees being drawn up almost to the chin as the body +clears the bar; others run and spring sideways, the feet being thrown +upwards and over the bar first, to act as a kind of lever in getting the +body over. There should be a shallow pit of loose earth or a mattress to +break the fall. + +The standing high jump is rarely seen in regular athletic meetings. The +jumper stands sideways to the bar with his arms extended upwards. He +then swings his arms down slowly, bending his knees at the same time, +and, giving his arms a violent upward swing, springs from the ground. As +the body rises the arms are brought down, one leg is thrown over the +bar, and the other pulled, almost jerked, after it. The record for the +standing high jump without weights is 6 ft., by J. Darby in 1892. + +By the use of a spring-board many extraordinary jumps have been made, +but this kind of leaping is done only by circus gymnasts and is not +recognized by athletic authorities. + +For pole-jumping see POLE-VAULTING. + + See _Encyclopaedia of Sport_; M. W. Ford, "Running High Jump," + _Outing_, vol. xviii.; "Running Broad Jump," _Outing_, vol. xix.; + "Standing Jumping," _Outing_, vol. xix.; "Miscellaneous Jumping," + _Outing_, vol. xx. Also _Sporting and Athletic Register_ (annual). + + +FOOTNOTE: + + [1] The verb "to jump" only dates from the beginning of the 16th + century. The _New English Dictionary_ takes it to be of onomatopoeic + origin and does not consider a connexion with Dan. _gumpe_, Icel. + _goppa_, &c., possible. The earlier English word is "leap" (O.E. + _hléapan_, to run, jump, cf. Ger. _laufen_). + + + + +JUMPING-HARE, the English equivalent of springhaas, the Boer name of a +large leaping south and east African rodent mammal, _Pedetes caffer_, +typifying a family by itself, the _Pedetidae_. Originally classed with +the jerboas, to which it has no affinity, this remarkable rodent +approximates in the structure of its skull to the porcupine-group, near +which it is placed by some naturalists, although others consider that +its true position is with the African scaly-tailed flying squirrels +(_Anomaluridae_). The colour of the creature is bright rufous fawn; the +eyes are large; and the bristles round the muzzle very long, the former +having a fringe of long hairs. The front limbs are short, and the hind +ones very long; and although the fore-feet have five toes, those of the +hind-feet are reduced to four. The bones of the lower part of the hind +leg (tibia and fibula) are united for a great part of their length. +There are four pairs of cheek-teeth in each jaw, which do not develop +roots. The jumping-hare is found in open or mountainous districts, and +has habits very like a jerboa. It is nocturnal, and dwells in composite +burrows excavated and tenanted by several families. When feeding it +progresses on all four legs, but if frightened takes gigantic leaps on +the hind-pair alone; the length of such leaps frequently reaches twenty +feet, or even more. The young are generally three or four in number, and +are born in the summer. A second smaller species has been named. (See +RODENTIA.) + + + + +JUMPING-MOUSE, the name of a North American mouse-like rodent, _Zapus +hudsonius_, belonging to the family _Jaculidae_ (_Dipodidae_), and the +other members of the same genus. Although mouse-like in general +appearance, these rodents are distinguished by their elongated hind +limbs, and, typically, by the presence of four pairs of cheek-teeth in +each jaw. There are five toes to all the feet, but the first in the +fore-feet is rudimentary, and furnished with a flat nail. The cheeks are +provided with pouches. Jumping-mice were long supposed to be confined to +North America, but a species is now known from N.W. China. It is +noteworthy that whereas E. Coues in 1877 recognized but a single +representative of this genus, ranging over a large area in North +America, A. Preble distinguishes no fewer than twenty North American +species and sub-species, in addition to the one from Szechuen. Among +these, it may be noted that _Z. insignis_ differs from the typical _Z. +hudsonius_ by the loss of the premolar, and has accordingly been +referred to a sub-genus apart. Moreover, the Szechuen jumping-mouse +differs from the typical _Zapus_ by the closer enamel-folds of the +molars, the shorter ears, and the white tail-tip, and is therefore made +the type of another sub-genus. In America these rodents inhabit forest, +pasture, cultivated fields or swamps, but are nowhere numerous. When +disturbed, they start off with enormous bounds of eight or ten feet in +length, which soon diminish to three or four; and in leaping the feet +scarcely seem to touch the ground. The nest is placed in clefts of +rocks, among timber or in hollow trees, and there are generally three +litters in a season. (See RODENTIA.) + + + + +JUMPING-SHREW, a popular name for any of the terrestrial insectivora of +the African family _Macroscelididae_, of which there are a number of +species ranging over the African continent, representing the tree-shrews +of Asia. They are small long-snouted gerbil-like animals, mainly +nocturnal, feeding on insects, and characterized by the great length of +the metatarsal bones, which have been modified in accordance with their +leaping mode of progression. In some (constituting the genus +_Rhyncocyon_) the muzzle is so much prolonged as to resemble a +proboscis, whence the name elephant-shrews is sometimes applied to the +members of the family. + + + + +JUNAGARH, or JUNAGADH, a native state of India, within the Gujarat +division of Bombay, extending inland from the southern coast of the +peninsula of Kathiawar. Area, 3284 sq. m.; pop. (1901), 395,428, showing +a decrease of 19% in the decade, owing to famine; estimated gross +revenue, £174,000; tribute to the British government and the gaekwar of +Baroda, £4200; a considerable sum is also received as tribute from minor +states in Kathiawar. The state is traversed by a railway from Rajkot, to +the seaport of Verawal. It includes the sacred mountain of Girnar and +the ruined temple of Somnath, and also the forest of Gir, the only place +in India where the lion survives. Junagarh ranks as a first-class state +among the many chiefships of Kathiawar, and its ruler first entered into +engagements with the British in 1807. Nawab Sir Rasul Khanji, K.C.S.I., +was born in 1858 and succeeded his brother in 1892. + +The modern town of JUNAGARH (34,251), 60 m. by rail S. of Rajkot, is +handsomely built and laid out. In November 1897 the foundation-stones of +a hospital, library and museum were laid, and an arts college has +recently been opened. + + + + +JUNCACEAE (rush family), in botany, a natural order of flowering plants +belonging to the series Liliiflorae of the class Monocotyledons, +containing about two hundred species in seven genera, widely distributed +in temperate and cold regions. It is well represented in Britain by the +two genera which comprise nearly the whole order--_Juncus_, rush, and +_Luzula_, woodrush. They are generally perennial herbs with a creeping +underground stem and erect, unbranched, aerial stems, bearing slender +leaves which are grass-like or cylindrical or reduced to membranous +sheaths. The small inconspicuous flowers are generally more or less +crowded in terminal or lateral clusters, the form of the inflorescence +varying widely according to the manner of branching and the length of +the pedicels. The flowers are hermaphrodite and regular, with the same +number and arrangement of parts as in the order Liliaceae, from which +they differ in the inconspicuous membranous character of the perianth, +the absence of honey or smell, and the brushlike stigmas with long +papillae-adaptations to wind-pollination as contrasted with the methods +of pollination by insect agency, which characterize the Liliaceae. +Juncaceae are, in fact, a less elaborated group of the same series as +Liliaceae, but adapted to a simpler and more uniform environment than +that larger and much more highly developed family. + +[Illustration: _Juncus effusus_, common rush. + + 1. Plant. + 2. Inflorescence. + 3. End of branch of inflorescence, slightly enlarged. + 4. Flower, enlarged. + 5. Fruit, enlarged. + 6. Seed. + 7. Seed, much enlarged.] + + + + +JUNCTION CITY, a city and the county-seat of Geary county, Kansas, +U.S.A., between Smoky Hill and Republican rivers, about 3 m. above their +confluence to form the Kansas, and 72 m. by rail W. of Topeka. Pop. +(1900), 4695, of whom 545 were foreign-born and 292 were negroes; +(1905), 5494; (1910), 5598. Junction City is served by the Union Pacific +and the Missouri, Kansas & Texas railways. It is the commercial centre +of a region in whose fertile valleys great quantities of wheat, Indian +corn, oats and hay are grown and live stock is raised, and whose uplands +contain extensive beds of limestone, which is quarried for building +purposes. Excellent water-power is available and is partly utilized by +flour mills. The municipality owns and operates the water-works. At the +confluence of Smoky Hill and Republican rivers and connected with the +city by an electric railway is Fort Riley, a U.S. military post, which +was established in 1853 as Camp Centre but was renamed in the same year +in honour of General Bennett Riley (1787-1853); in 1887 the mounted +service school of the U.S. army was established here. Northward from the +post is a rugged country over which extends a military reservation of +about 19,000 acres. Adjoining the reservation and about 5 m. N.E. of +Junction City is the site of the short-lived settlement of Pawnee, where +from the 2nd to the 6th of July 1855 the first Kansas legislature met, +in a building the ruins of which still remain; the establishment of +Pawnee (in December 1854) was a speculative pro-slavery enterprise +conducted by the commandant of Fort Riley, other army officers and +certain territorial officials, and when a government survey showed that +the site lay within the Fort Riley reservation, the settlers were +ordered (August 1855) to leave, and the commandant of Fort Riley was +dismissed from the army; one of the charges brought against Governor A. +H. Reeder was that he had favoured the enterprise. Junction City was +founded in 1857 and was chartered as a city in 1859. + + + + +JUNE, the sixth month in the Christian calendar, consisting of thirty +days. Ovid (_Fasti_, vi. 25) makes Juno assert that the name was +expressly given in her honour. Elsewhere (_Fasti_, vi. 87) he gives the +derivation _a junioribus_, as May had been derived from _majores_, which +may be explained as in allusion either to the two months being dedicated +respectively to youth and age in general, or to the seniors and juniors +of the government of Rome, the senate and the _comitia curiata_ in +particular. Others connect the term with the gentile name Junius, or +with the consulate of Junius Brutus. Probably, however, it originally +denoted the month in which crops grow to ripeness. In the old Latin +calendar June was the fourth month, and in the so-called year of Romulus +it is said to have had thirty days; but at the time of the Julian reform +of the calendar its days were only twenty-nine. To these Caesar added +the thirtieth. The Anglo-Saxons called June "the dry month," "midsummer +month," and, in contradistinction to July, "the earlier mild month." The +summer solstice occurs in June. Principal festival days in this month: +11th June, St Barnabas; 24th June, Midsummer Day (Nativity of St John +the Baptist); 29th June, St Peter. + + + + +JUNEAU, formerly HARRISBURG, a mining and trading town picturesquely +situated at the mouth of Gold Creek on the continental shore of +Gastineau channel, south-east Alaska, and the capital of Alaska. Pop. +(1900), 1864 (450 Indians); (1910), 1644. It has a United States +custom-house and court-house. The city has fishing, manufacturing and +trading interests, but its prosperity is chiefly due to the gold mines +in the adjacent Silver Bow basin, the source of Gold Creek, and the site +of the great Perseverance mine, and to those on the Treadwell lode on +Douglas Island, 2 m. from Juneau. Placer gold was found at the mouth of +the creek in 1879, and the city was settled in 1880 by two prospectors +named Joseph Juneau and Richard Harris. The district was called Juneau +and the camp Harrisburg by the first settlers; exploring naval officers +named the camp Rockwell, in honour of Commander Charles Henry Rockwell, +U.S.N. (b. 1840). A town meeting then adopted the name of Juneau. The +town was incorporated in 1900. In October 1906 the seat of government of +Alaska was removed from Sitka to Juneau. + + + + +JUNG, JOHANN HEINRICH (1740-1817), best known by his assumed name of +HEINRICH STILLING, German author, was born in the vlllage of Grund near +Hilchenbach in Westphalia on the 12th of September 1740. His father, +Wilhelm Jung, schoolmaster and tailor, was the son of Eberhard Jung, +charcoal-burner, and his mother was Dortchen Moritz, daughter of a poor +clergyman. Jung became, by his father's desire, schoolmaster and tailor, +but found both pursuits equally wearisome. After various teaching +appointments he went in 1768 with "half a French dollar" to study +medicine at the university of Strassburg. There he met Goethe, who +introduced him to Herder. The acquaintance with Goethe ripened into +friendship; and it was by his influence that Jung's first and best work, +_Heinrich Stillings Jugend_ was written. In 1772 he settled at Elberfeld +as physician and oculist, and soon became celebrated for operations in +cases of cataract. Surgery, however, was not much more to his taste than +tailoring or teaching; and in 1778 he was glad to accept the appointment +of lecturer on "agriculture, technology, commerce and the veterinary +art" in the newly established Kameralschule at Kaiserslautern, a post +which he continued to hold when the school was absorbed in the +university of Heidelberg. In 1787 he was appointed professor of +economical, financial and statistical science in the university of +Marburg. In 1803 he resigned his professorship and returned to +Heidelberg, where he remained until 1806, when he received a pension +from the grand-duke Charles Frederick of Baden, and removed to +Karlsruhe, where he remained until his death on the 2nd of April 1817. +He was married three times, and left a numerous family. Of his works his +autobiography _Heinrich Stillings Leben_, from which he came to be known +as Stilling, is the only one now of any interest, and is the chief +authority for his life. His early novels reflect the piety of his early +surroundings. + + A complete edition of his numerous works, in 14 vols. 8vo, was + published at Stuttgart in 1835-1838. There are English translations by + Sam. Jackson of the Leben (1835) and of the _Theorie der Geisterkunde_ + (London, 1834, and New York, 1851); and of _Theobald, or the Fanatic_, + a religious romance, by the Rev. Sam. Schaeffer (1846). See + biographies by F. W. Bodemann (1868), J. v. Ewald (1817), Peterson + (1890). + + + + +JUNG BAHADUR, SIR, MAHARAJAH (1816-1877), prime minister of Nepal, was a +grand-nephew of Bhim sena Thapa (Bhim sen Thappa), the famous military +minister of Nepal, who from 1804 to 1839 was _de facto_ ruler of the +state under the rani Tripuri and her successor. Bhimsena's supremacy was +threatened by the Kala Pandry, and many of his relations, including Jung +Bahadur, went into exile in 1838, thus escaping the cruel fate which +overtook Bhimsena in the following year. The Pandry leaders, who then +reverted to power, were in turn assassinated in 1843, and Matabar Singh, +uncle of Jung Bahadur, was created prime minister. He appointed his +nephew general and chief judge, but shortly afterwards he was himself +put to death. Fateh Jung thereon formed a ministry, of which Jung +Bahadur was made military member. In the following year, 1846, a quarrel +was fomented, in which Fateh Jung and thirty-two other chiefs were +assassinated, and the rani appointed Jung Bahadur sole minister. The +rani quickly changed her mind, and planned the death of her new +minister, who at once appealed to the maharaja. But the plot failed. The +raja and the rani wisely sought safety in India, and Jung Bahadur firmly +established his own position by the removal of all dangerous rivals. He +succeeded so well that in January 1850 he was able to leave for a visit +to England, from which he did not return to Nepal until the 6th of +February 1851. On his return, and frequently on subsequent dates, he +frustrated conspiracies for his assassination. The reform of the penal +code, and a desultory war with Tibet, occupied his attention until news +of the Indian Mutiny reached Nepal. Jung Bahadur resisted all overtures +from the rebels, and sent a column to Gorakpur in July 1857. In December +he furnished a force of 8000 Gurkhas, which reached Lucknow on the 11th +of March 1858, and took part in the siege. The moral support of the +Nepalese was more valuable even than the military services rendered by +them. Jung Bahadur was made a G.C.B., and a tract of country annexed in +1815 was restored to Nepal. Various frontier disputes were settled, and +in 1875 Sir Jung Bahadur was on his way to England when he had a fall +from his horse in Bombay and returned home. He received a visit from the +Prince of Wales in 1876. On the 25th of February 1877 he died, having +reached the age of sixty-one. Three of his widows immolated themselves +on his funeral pyre. (W. L.-W.) + + + + +JUNG-BUNZLAU (Czech, _Mladá Boleslav_), a town of Bohemia, 44 m. N.N.E. +of Prague by rail. Pop. (1900), 13,479, mostly Czech. The town contains +several old buildings of historical interest, notably the castle, built +towards the end of the 10th century, and now used as barracks. There are +several old churches. In that of St Maria the celebrated bishop of the +Bohemian brethren, Johann August, was buried in 1595; but his tomb was +destroyed in 1621. The church of St Bonaventura with the convent, +originally belonging to the friars minor and later to the Bohemian +brethren, is now a Piaristic college. The church of St Wenceslaus, once +a convent of the brotherhood, is now used for military stores. +Jung-Bunzlau was built in 995, under Boleslaus II., as the seat of a +_gaugraf_ or royal count. Early in the 13th century it was given the +privileges of a town and pledged to the lords of Michalovic. In the +Hussite wars Jung-Bunzlau adhered to the Taborites and became later the +metropolis of the Bohemian Brethren. In 1595 Bohuslav of Lobkovic sold +his rights as over-lord to the town, which was made a royal city by +Rudolf II. During the Thirty Years' War it was twice burned, in 1631 by +the imperialists, and in 1640 by the Swedes. + + + + +JUNGFRAU, a well-known Swiss mountain (13,669 ft.), admirably seen from +Interlaken. It rises on the frontier between the cantons of Bern and of +the Valais, and is reckoned among the peaks of the Bernese Oberland, two +of which (the Finsteraarhorn, 14,026 ft., and the Aletschhorn, 13,721 +ft.) surpass it in height. It was first ascended in 1811 by the brothers +Meyer, and again in 1812 by Gottlieb Meyer (son of J. R. Meyer), in both +cases by the eastern or Valais side, the foot of which (the final ascent +being made by the 1811-1812 route) was reached in 1828 over the +Mönchjoch by six peasants from Grindelwald. In 1841 Principal J. D. +Forbes, with Agassiz, Desor and Du Châtelier, made the fourth ascent by +the 1812 route. It was not till 1865 that Sir George Young and the Rev. +H. B. George succeeded in making the first ascent from the west or +Interlaken side. This is a far more difficult route than that from the +east, the latter being now frequently taken in the course of the summer. + (W. A. B. C.) + + + + +JUNGLE (Sans. _jangala_), an Anglo-Indian term for a forest, a thicket, +a tangled wilderness. The Hindustani word means strictly waste, +uncultivated ground; then such ground covered with trees or long grass; +and thence again the Anglo-Indian application is to forest or other wild +growth, rather than to the fact that it is not cultivated. + + + + +JUNIN, an interior department of central Peru, bounded N. by Huanuco, E. +by Loreto and Cuzco, S. by Huancavelica, and W. by Lima and Ancachs. +Pop. (1906 estimate), 305,700. It lies wholly within the Andean zone and +has an area of 23,353 sq. m. It is rich in minerals, including silver, +copper, mercury, bismuth, molybdenum, lead and coal. The Huallaga and +Mantaro rivers have their sources in this department, the latter in Lake +Junin, or Chanchaycocha, 13,230 ft. above sea-level. The capital of +Junin is Cerro de Pasco, and its two principal towns are Jauja and Tarma +(pop., 1906, about 12,000 and 5000 respectively). + + + + +JUNIPER. The junipers, of which there are twenty-five or more species, +are evergreen bushy shrubs or low columnar trees, with a more or less +aromatic odour, inhabiting the whole of the cold and temperate northern +hemisphere, but attaining their maximum development in the Mediterranean +region, the North Atlantic islands, and the eastern United States. The +leaves are usually articulated at the base, spreading, sharp-pointed and +needle-like in form, destitute of oil-glands, and arranged in +alternating whorls of three; but in some the leaves are minute and +scale-like, closely adhering to the branches, the apex only being free, +and furnished with an oil-gland on the back. Sometimes the same plant +produces both kinds of leaves on different branches, or the young plants +produce acicular leaves, while those of the older plants are squamiform. +The male and female flowers are usually produced on separate plants. The +male flowers are developed at the ends of short lateral branches, are +rounded or oblong in form, and consist of several antheriferous scales +in two or three rows, each scale bearing three or six almost spherical +pollen-sacs on its under side. The female flower is a small bud-like +cone situated at the apex of a small branch, and consists of two or +three whorls of two or three scales. The scales of the upper or middle +series each bear one or two erect ovules. The mature cone is fleshy, +with the succulent scales fused together and forming the fruit-like +structure known to the older botanists as the _galbulus_, or berry of +the juniper. The berries are red or purple in colour, varying in size +from that of a pea to a nut. They thus differ considerably from the +cones of other members of the order Coniferae, of _Gymnosperms_ (q.v.), +to which the junipers belong. The seeds are usually three in number, +sometimes fewer (1), rarely more (8), and have the surface near the +middle or base marked with large glands containing oil. The genus occurs +in a fossil state, four species having been described from rocks of +Tertiary age. + +The genus is divided into three sections, _Sabina_, _Oxycedrus_ and +_Caryocedrus_. _Juniperus Sabina_ is the savin, abundant on the +mountains of central Europe, an irregularly spreading much-branched +shrub with scale-like glandular leaves, and emitting a disagreeable +odour when bruised. The plant is poisonous, acting as a powerful local +and general stimulant, diaphoretic, emmenagogue and anthelmintic; it was +formerly employed both internally and externally. The oil of savin is +now occasionally used criminally as an abortifacient. _J. bermudiana_, a +tree about 40 or 50 ft. in height, yields a fragrant red wood, which was +used for the manufacture of "cedar" pencils. The tree is now very scarce +in Bermuda, and the "red cedar," _J. virginiana_, of North America is +employed instead for pencils and cigar-boxes. The red cedar is abundant +in some parts of the United States and in Virginia is a tree 50 ft. in +height. It is very widely distributed from the Great Lakes to Florida +and round the Gulf of Mexico, and extends as far west as the Rocky +Mountains and beyond to Vancouver Island. The wood is applied to many +uses in the United States. The fine red fragrant heart-wood takes a high +polish, and is much used in cabinet-work and inlaying, but the small +size of the planks prevents its more extended use. The galls produced at +the ends of the branches have been used in medicine, and the wood yields +cedar-camphor and oil of cedar-wood. _J. thurifera_ is the incense +juniper of Spain and Portugal, and _J. phoenicea_ (_J. lycia_) from the +Mediterranean district is stated by Loudon to be burned as incense. + +_J. communis_, the common juniper (see fig.), and several other species, +belong to the section _Oxycedrus_. The common juniper is a very widely +distributed plant, occurring in the whole of northern Europe, central +and northern Asia to Kamchatka, and east and west North America. It +grows at considerable elevations in southern Europe, in the Alps, +Apennines, Pyrenees and Sierra Nevada (4000 to 8000 ft.). It also grows +in Asia Minor, Persia, and at great elevations on the Himalayas. In +Great Britain it is usually a shrub with spreading branches, less +frequently a low tree. In former times the juniper seems to have been a +very well-known plant, the name occurring almost unaltered in many +languages. The Lat. _juniperus_, probably formed from _juni_--crude form +of _juvenis_, fresh, young, and _parere_, to produce, is represented by +Fr. _genièvre_, Sp. _enebro_, Ital. _ginepito_, &c. The dialectical +names, chiefly in European languages, were collected by Prince L. L. +Bonaparte, and published in the _Academy_ (July 17, 1880, No. 428, p. +45). The common juniper is official in the British pharmacopoeia and in +that of the United States, yielding the oil of juniper, a powerful +diuretic, distilled from the unripe fruits. This oil is closely allied +in composition to oil of turpentine and is given in doses of a half to +three minims. The _Spiritus juniperi_ of the British pharmacopoeia is +given in doses up to one drachm. Much safer and more powerful diuretics +are now in use. The wood is very aromatic and is used for ornamental +purposes. In Lapland the bark is made into ropes. The fruits are used +for flavouring gin (a name derived from _juniper_, through Fr. +_genièvre_); and in some parts of France a kind of beer called +_genévrette_ was made from them by the peasants. _J. Oxycedrus_, from +the Mediterranean district and Madeira, yields cedar-oil which is +official in most of the European pharmacopoeias, but not in that of +Britain. This oil is largely used by microscopists in what is known as +the "oil-immersion lens." + +The third section, _Caryocedrus_, consists of a single species, _J. +drupacea_ of Asia Minor. The fruits are large and edible: they are known +in the East by the name _habhel_. + +[Illustration: (From Bentley and Trimen's _Medicinal Plants_, by +permission of J. & A. Churchill.) + +Juniper (_Juniperus communis_). + + 1. Vertical section of fruit. + 2. Male catkin.] + + + + +JUNIUS, the pseudonym of a writer who contributed a series of letters to +the London _Public Advertiser_, from the 21st of January 1769 to the +21st of January 1772. The signature had been already used by him in a +letter of the 21st of November 1768, which he did not include in his +collection of the _Letters of Junius_ published in 1772. The name was +chosen in all probability because he had already signed "Lucius" and +"Brutus," and wished to exhaust the name of Lucius Junius Brutus the +Roman patriot. Whoever the writer was, he wrote under other pseudonyms +before, during and after the period between January 1769 and January +1772. He acknowledged that he had written as "Philo-Junius," and there +is evidence that he was identical with "Veteran," "Nemesis" and other +anonymous correspondents of the _Public Advertiser_. There is a marked +distinction between the "letters of Junius" and his so-called +miscellaneous letters. The second deal with a variety of subjects, some +of a purely personal character, as for instance the alleged injustice of +Viscount Barrington the secretary at war to the officials of his +department. But the "letters of Junius" had a definite object--to +discredit the ministry of the duke of Grafton. This administration had +been formed in October 1768, when the earl of Chatham was compelled by +ill health to retire from office, and was a reconstruction of his +cabinet of July 1766. Junius fought for the return to power of Chatham, +who had recovered and was not on good terms with his successors. He +communicated with Chatham, with George Grenville, with Wilkes, all +enemies of the duke of Grafton, and also with Henry Sampson Woodfall, +printer and part owner of the _Public Advertiser_. This private +correspondence has been preserved. It is written in the disguised hand +used by Junius. + +The letters are of interest on three grounds--their political +significance, their style, and the mystery which long surrounded their +authorship. As political writings they possess no intrinsic value. +Junius was wholly destitute of insight, and of the power to disentangle, +define and advocate principles. The matter of his letters is always +invective. He began by a general attack on the ministry for their +personal immorality or meanness. An ill-judged defence of one of the +body--the marquess of Granby, commander-in-chief--volunteered by Sir +William Draper, gave him an easy victory over a vulnerable opponent. He +then went on to pour acrimonious abuse on Grafton, on the duke of +Bedford, on King George III. himself in the letter of the 19th of +December 1769, and ended with a most malignant and ignorant assault on +Lord Chief Justice Mansfield. Several of his accusations were shown to +be unfounded. The practical effect of the letters was insignificant. +They were noticed and talked about. They provoked anger and retorts. But +the letter to the king aroused indignation, and though Grafton's +administration fell in January 1770, it was succeeded by the long-lived +cabinet of Lord North. Junius confessed himself beaten, in his private +letter to Woodfall of the 19th of January 1773. He had materially +contributed to his own defeat by his brutal violence. He sinned indeed +in a large company. The employment of personal abuse had been habitual +in English political controversy for generations, and in the 18th +century there was a strong taste for satire. Latin literature, which was +not only studied but imitated, supplied the inspiration and the models, +in the satires of Juvenal, and the speeches of Cicero against Verres and +Catiline. + +If, however, Junius was doing what others did, he did it better than +anybody else--a fact which sufficiently explains his rapid popularity. +His superiority lay in his style. Here also he was by no means original, +and he was unequal. There are passages in his writings which can be best +described in the words which Burke applied to another writer: "A mere +mixture of vinegar and water, at once vapid and sour." But at his best +Junius attains to a high degree of artificial elegance and vigour. He +shows the influence of Bolingbroke, of Swift, and above all of Tacitus, +who appears to have been his favourite author. The imitation is never +slavish. Junius adapts, and does not only repeat. The white heat of his +malignity animates the whole. No single sentence will show the quality +of a style which produces its effect by persistence and repetition, but +such a typical passage as follows displays at once the method and the +spirit. It is taken from Letter XLIX. to the duke of Grafton, June 22, +1771:-- + + "The profound respect I bear to the gracious prince who governs this + country with no less honour to himself than satisfaction to his + subjects, and who restores you to your rank under his standard, will + save you from a multitude of reproaches. The attention I should have + paid to your failings is involuntarily attracted to the hand which + rewards them; and though I am not so partial to the royal judgment as + to affirm that the favour of a king can remove mountains of infamy, it + serves to lessen at least, for undoubtedly it divides, the burden. + While I remember how much is due to his sacred character, I cannot, + with any decent appearance of propriety, call you the meanest and the + basest fellow in the kingdom. I protest, my Lord, I do not think you + so. You will have a dangerous rival in that kind of fame to which you + have hitherto so happily directed your ambition, as long as there is + one man living who thinks you worthy of his confidence, and fit to be + trusted with any share in his government.... With any other prince, + the shameful desertion of him in the midst of that distress, which you + alone had created, in the very crisis of danger, when he fancied he + saw the throne already surrounded by men of virtue and abilities, + would have outweighed the memory of your former services. But his + majesty is full of justice, and understands the doctrine of + compensations; he remembers with gratitude how soon you had + accommodated your morals to the necessities of his service, how + cheerfully you had abandoned the engagements of private friendship, + and renounced the most solemn professions to the public. The + sacrifice of Lord Chatham was not lost on him. Even the cowardice and + perfidy of deserting him may have done you no disservice in his + esteem. The instance was painful, but the principle might please." + +What is artificial and stilted in this style did not offend the would-be +classic taste of the 18th century, and does not now conceal the fact +that the laboriously arranged words, and artfully counterbalanced +clauses, convey a venomous hate and scorn. + +The pre-established harmony between Junius and his readers accounts for +the rapidity of his success, and for the importance attributed to him by +Burke and Johnson, far better writers than himself. Before 1772 there +appeared at least twelve unauthorized republications of his letters, +made by speculative printers. In that year he revised the collection +named "_Junius: Stat nominis umbra_," with a dedication to the English +people and a preface. Other independent editions followed in quick +succession. In 1801 one was published with annotations by Robert Heron. +In 1806 another appeared with notes by John Almon. The first new edition +of real importance was issued by the Woodfall family in 1812. It +contained the correspondence of Junius with H. S. Woodfall, a selection +of the miscellaneous letters attributed to Junius, facsimiles of his +handwriting, and notes by Dr Mason Good. Curiosity as to the mystery of +the authorship began to replace political and literary interest in the +writings. Junius himself had been early aware of the advantage he +secured by concealment. "The mystery of Junius increases his importance" +is his confession in a letter to Wilkes dated the 18th of September +1771. The calculation was a sound one. For two generations after the +appearance of the letter of the 21st of January 1769, speculations as to +the authorship of Junius were rife, and discussion had hardly ceased in +1910. Joseph Parkes, author with Herman Merivale of the _Memoirs of Sir +Philip Francis_ (1867), gives a list of more than forty persons who had +been supposed to be Junius. They are: Edmund Burke, Lord George +Sackville, Lord Chatham, Colonel Barré, Hugh Macaulay Boyd, Dr Butler, +John Wilkes, Lord Chesterfield, Henry Flood, William Burke, Gibbon, W. +E. Hamilton, Charles Lloyd, Charles Lee (general in the American War of +Independence), John Roberts, George Grenville, James Grenville, Lord +Temple, Duke of Portland, William Greatrakes, Richard Glover, Sir +William Jones, James Hollis, Laughlin Maclean, Philip Rosenhagen, Horne +Tooke, John Kent, Henry Grattan, Daniel Wray, Horace Walpole, Alexander +Wedderburn (Lord Loughborough), Dunning (Lord Ashburton), Lieut.-General +Sir R. Rich, Dr Philip Francis, a "junto" or committee of writers who +used a common name, De Lolme, Mrs Catherine Macaulay (1733-91), Sir +Philip Francis, Lord Littleton, Wolfram Cornwall and Gov. Thomas +Pownall. In the great majority of cases the attribution is based on +nothing more than a vague guess. Edmund Burke denied that he could have +written the letters of Junius if he would, or would have written them if +he could. Grattan pointed out that he was young when they appeared. More +plausible claims, such as those made for Lord Temple and Lord George +Sackville, could not stand the test of examination. Indeed after 1816 +the question was not so much "Who wrote Junius?" as "Was Junius Sir +Philip Francis, or some undiscoverable man?" In that year John Taylor +was led by a careful study of Woodfall's edition of 1812 to publish _The +identity of Junius with a distinguished living character established_, +in which he claimed the letters for Sir Philip Francis. He had at first +been inclined to attribute them to Sir Philip's father, Dr Francis, the +author of translations of Horace and Demosthenes. Taylor applied to Sir +Philip, who did not die till 1818, for leave to publish, and received +from him answers which to an unwary person might appear to constitute +denials of the authorship, but were in fact evasions. + +The reasons for believing that Sir Philip Francis (q.v.) was Junius are +very strong. His evasions were only to be expected. Several of the men +he attacked lived nearly as long as himself, the sons of others were +conspicuous in society, and King George III. survived him. Sir Philip, +who had held office, who had been decorated, and who in his later years +was ambitious to obtain the governor-generalship of India, dared not +confess that he was Junius. The similarity of his handwriting to the +disguised hand used by the writer of the letters is very close. If Sir +Philip Francis did, as his family maintain, address a copy of verses to +a Miss Giles in the handwriting of Junius (and the evidence that he did +is weighty) there can be no further question as to the identity of the +two. The similarity of Junius and Francis in regard to their opinions, +their likes and dislikes, their knowledge and their known movements, +amount, apart from the handwriting, almost to proof. It is certain that +many felons have been condemned on circumstantial evidence less +complete. The opposition to his claim is based on such assertions as +that his known handwriting was inferior to the feigned hand of Junius, +and that no man can make a disguised hand better than his own. But the +first assertion is unfounded, and the second is a mere expression of +opinion. It is also said that Francis must have been guilty of baseness +if he wrote Junius, but if that explains why he did not avow the +authorship it can be shown to constitute a moral impossibility only by +an examination of his life. + + AUTHORITIES.--The best edition of the _Letters of Junius_, properly so + called, with the _Miscellaneous Letters_, is that of J. Ward (1854). + The most valuable contributions to the controversy as to the + authorship are: _The Handwriting of Junius investigated by Charles + Chabot, expert, with preface and collateral evidence by the Hon. E. + Twisleton_ (1871); _Memoirs of Sir Philip Francis, K.C.B._, by Parkes + and Merivale (1867); _Junius Revealed by his Surviving Grandson_, by + H. R. Francis (1894); _The Francis Letters_, edited by Beata Francis + and Eliza Keary, with a note on the Junius controversy by C. F. Keary + (1901); and "Francis, Sir Philip," by Sir Leslie Stephen, in _Dict. of + Nat. Biog._ The case for those who decline to accept the claim of Sir + Philip Francis is stated by C. W. Dilke, _Papers of a Critic_ (1875), + and Abraham Hayward, _More about Junius, Franciscan Theory Unsound_ + (1868). (D. H.) + + + + +JUNIUS, FRANZ (in French, François du Jon), the name of two Huguenot +scholars. + +(1) FRANZ JUNIUS (1545-1602) was born at Bourges in France on the 1st of +May 1545. He had studied law for two years under Hugo Donellus +(1527-1591) when he was given a place in the retinue of the French +ambassador to Constantinople, but before he reached Lyons the ambassador +had departed. Junius found ample consolation in the opportunities for +study at the gymnasium at Lyons. A religious tumult warned him back to +Bourges, where he was cured of certain rationalistic principles that he +had imbibed at Lyons, and he determined to enter the reformed church. He +went in 1562 to study at Geneva, where he was reduced to the direst +poverty by the failure of remittances from home, owing to civil war in +France. He would accept only the barest sustenance from a humble friend +who had himself been a protégé of Junius's family at Bourges, and his +health was permanently injured. The long-expected remittance from home +was closely followed by the news of the brutal murder of his father by a +Catholic fanatic at Issoudun; and Junius resolved to remain at Geneva, +where his reputation enabled him to live by teaching. In 1565, however, +he was appointed minister of the Walloon church at Antwerp. His foreign +birth excluded him from the privileges of the native reformed pastors, +and exposed him to persecution. Several times he barely escaped arrest, +and finally, after spending six months in preaching at Limburg, he was +forced to retire to Heidelberg in 1567. There he was welcomed by the +elector Frederick II., and temporarily settled in charge of the Walloon +church at Schönau; but in 1568 his patron sent him as chaplain with +Prince William of Orange in his unfortunate expedition to the +Netherlands. Junius escaped as soon as he could from that post, and +returning to his church remained there till 1573. From 1573 till 1578 he +was at Heidelberg, assisting Emmanuel Tremellius (1510-1580), whose +daughter he married, in his Latin version of the Old Testament +(Frankfort, 1579); in 1581 he was appointed to the chair of divinity at +Heidelberg. Thence he was taken to France by the duke of Bouillon, and +after an interview with Henry IV. was sent again to Germany on a +mission. As he was returning to France he was named professor of +theology at Leiden, where he died on the 13th of October 1602. + + He was a voluminous writer on theological subjects, and translated and + composed many exegetical works. He is best known from his own edition + of the Latin Old Testament, slightly altered from the former joint + edition, and with a version of the New Testament added (Geneva, 1590; + Hanover, 1624). The _Opera Theologica Francisci Junii Biturigis_ were + published at Geneva (2 vols., 1613), to which is prefixed his + autobiography, written about 1592 (new ed., edited by Abraham Kuypers, + 1882 seq.). The autobiography had been published at Leiden (1595), and + is reprinted in the _Miscellanea Groningana_, vol. i., along with a + list of the author's other writings. + +(2) FRANZ JUNIUS (1589-1677), son of the above, was born at Heidelberg, +and brought up at Leiden. His attention was diverted from military to +theological studies by the peace of 1609 between Spain and the +Netherlands. In 1617 he became pastor at Hillegondsberg, but in 1620 +went to England, where he became librarian to Thomas Howard, earl of +Arundel, and tutor to his son. He remained in England thirty years, +devoting himself to the study of Anglo-Saxon, and afterwards of the +cognate old Teutonic languages. His work, intrinsically valuable, is +important as having aroused interest in a frequently neglected subject. +In 1651 he returned to Holland; and for two years lived in Friesland in +order to study the old dialect. In 1675 he returned to England, and +during the next year resided in Oxford; in 1677 he went to live at +Windsor with his nephew, Isaac Vossius, in whose house he died on the +19th of November 1677. He was buried at Windsor in St George's Chapel. + + He was pre-eminently a student. He published _De pictura veterum_ + (1637) (in English by the author, 1638; enlarged and improved edition, + edited by J. G. Graevius, who prefixed a life of Junius, with a + catalogue of architects, painters, &c., and their works, Rotterdam, + 1694); _Observationes in Willerami Abbatis francicam paraphrasin + cantici canticorum_ (Amsterdam, 1655); _Annotationes in harmoniam + latino-francicam quatuor evangelistarum, latine a Tatiano confectam_ + (Amsterdam, 1655); _Caedmonis monachi paraphrasis poetica geneseos_ + (Amsterdam, 1655) (see criticism under CAEDMON); _Quatuor D.N.I.C. + evangeliorum versiones perantiquae duae, gothica scilicet et + anglo-saxonica_ (Dort, 2 vols., 1665) (the Gothic version in this book + Junius transcribed from the Silver Codex of Ulfilas; the Anglo-Saxon + version is from an edition by Thomas Marshall, whose notes to both + versions are given, and a Gothic glossary by Junius); _Etymologicum + anglicanum_, edited by Edward Lye, and preceded by a life of Junius + and George Hickes's Anglo-Saxon grammar (Oxford, 1743) (its results + require careful verification in the light of modern research). His + rich collection of ancient MSS., edited and annotated by him, Junius + bequeathed to the university of Oxford. Graevius gives a list of them; + the most important are a version of the _Ormulum_, the version of + Caedmon, and 9 volumes containing _Glossarium v. linguarum + septentrionalium_. + + + + +JUNK. (1) (Through Port. _junco_, adapted from Javanese _djong_, or +Malayan _adjong_, ship), the name of the native sailing vessel, common +to the far eastern seas, and especially used by the Chinese and +Javanese. It is a flat-bottomed, high-sterned vessel with square bows +and masts carrying lug-sails, often made of matting. (2) A nautical term +for small pieces of disused rope or cable, cut up to make fenders, +oakum, &c., hence applied colloquially by sailors to the salt beef and +pork used on board ship. The word is of doubtful origin, but may be +connected with "junk" (Lat. _juncus_), a reed, or rush. This word is now +obsolete except as applied to a form of surgical appliance, used as a +support in cases of fracture where immediate setting is impossible, and +consisting of a shaped pillow or cushion stuffed with straw or +horsehair, formerly with rushes or reeds. + + + + +JUNKER, WILHELM (1840-1892), German explorer of Africa, was born at +Moscow on the 6th of April 1840. He studied medicine at Dorpat, +Göttingen, Berlin and Prague, but did not practise for long. After a +series of short journeys to Iceland, Tunis and Lower Egypt, he remained +almost continuously in eastern Equatorial Africa from 1875 to 1886, +making first Khartum and afterwards Lado the base of his expeditions, +Junker was a leisurely traveller and a careful observer; his main object +was to study the peoples with whom he came into contact, and to collect +specimens of plants and animals, and the result of his investigations in +these particulars is given in his _Reisen in Afrika_ (3 vols., Vienna, +1889-1891), a work of high merit. An English translation by A. H. Keane +was published in 1890-1892. Perhaps the greatest service he rendered to +geographical science was his investigation of the Nile-Congo watershed, +when he successfully combated Georg Schweinfurth's hydrographical +theories and established the identity of the Welle and Ubangi. The +Mahdist rising prevented his return to Europe through the Sudan, as he +had planned to do, in 1884, and an expedition, fitted out in 1885 by his +brother in St Petersburg, failed to reach him. Junker then determined to +go south. Leaving Wadelai on the 2nd of January 1886 he travelled by way +of Uganda and Tabora and reached Zanzibar in December 1886. In 1887 he +received the gold medal of the Royal Geographical Society. As an +explorer Junker is entitled to high rank, his ethnographical +observations in the Niam-Niam (Azandeh) country being especially +valuable. He died at St Petersburg on the 13th of February 1892. + + See the biographical notice by E. G. Ravenstein in _Proceedings of the + Royal Geographical Society_ (1892), pp. 185-187. + + + + +JUNKET, a dish of milk curdled by rennet, served with clotted cream and +flavoured with nutmeg, which is particularly associated in England with +Devonshire and Cornwall. The word is of somewhat obscure history. It +appears to come through O. Fr. _jonquette_, a rush-basket, from Lat. +_juncus_, rush. In Norman dialect this word is used of a cream cheese. +The commonly accepted origin is that it refers to the rush-basket on +which such cream cheeses or curds were served. _Juncade_ appears in +Rabelais, and is explained by Cotgrave as "spoon-meat, rose-water and +sugar." Nicholas Udall (in his translation of Erasmus's _Apophthegms_, +1542) speaks of "marchepaines or wafers with other like junkerie." The +word "junket" is also used for a festivity or picnic. + + + + +JUNO, the chief Roman and Latin goddess, and the special object of +worship by women at all the critical moments of life. The etymology of +the name is not certain, but it is usually taken as a shortened form of +_Jovino_, answering to _Jovis_, from a root _div_, shining. Under Greek +influence Juno was early identified with the Greek Hera, with whose cult +and characteristics she has much in common; thus the Juno with whom we +are familiar in Latin literature is not the true Roman deity. In the +_Aeneid_, for example, her policy is antagonistic to the plans of +Jupiter for the conquest of Latium and the future greatness of Rome; +though in the fourth _Eclogue_, as Lucina, she appears in her proper +rôle as assisting at childbirth. It was under Greek influence again that +she became the wife of Jupiter, the mother of Mars; the true Roman had +no such personal interest in his deities as to invent family relations +for them. + +That Juno was especially a deity of women, and represents in a sense the +female principle of life, is seen in the fact that as every man had his +_genius_, so every woman had her Juno; and the goddess herself may have +been a development of this conception. The various forms of her cult all +show her in close connexion with women. As Juno Lucina she was invoked +in childbirth, and on the 1st of March, the old Roman New Year's day, +the matrons met and made offerings at her temple in a grove on the +Esquiline; hence the day was known as the _Matronalia_. As _Caprotina_ +she was especially worshipped by female slaves on the 7th of July +(_Nonae Caprotinae_); as _Sospita_ she was invoked all over Latium as +the saviour of women in their perils, and later as the saviour of the +state; and under a number of other titles, _Cinxia_, _Unxia_, _Pronuba_, +&c., we find her taking a leading part in the ritual of marriage. Her +real or supposed connexion with the moon is explained by the alleged +influence of the moon on the lives of women; thus she became the deity +of the Kalends, or day of the new moon, when the _regina sacrorum_ +offered a lamb to her in the _regia_, and her husband the _rex_ made +known to the people the day on which the Nones would fall. Thus she is +brought into close relation with Janus, who also was worshipped on the +Kalends by the _rex sacrorum_, and it may be that in the oldest Roman +religion these two were more closely connected than Juno and Jupiter. +But in historical times she was associated with Jupiter in the great +temple on the Capitoline hill as Juno _Regina_, the queen of all Junones +or queen of heaven, as Jupiter there was _Optimus Maximus_ (see +JUPITER), and under the same title she was enticed from Veii after its +capture in 392 B.C., and settled in a temple on the Aventine. Thus +exalted above all other female deities, she was prepared for that +identification with Hera which was alluded to above. That she was in +some sense a deity of light seems certain; as Lucina, e.g., she +introduced new-born infants "in luminis oras." + + See Roscher's article "Juno" in his Lexicon of Mythology, and his + earlier treatise on Juno and Hera; Wissowa, _Religion und Kultus der + Römer_, 113 foll.; also a fresh discussion by Walter Otto in + _Philologus_ for 1905 (p. 161 foll.). (W. W. F.*) + + + + +JUNOT, ANDOCHE, DUKE OF ABRABANTES (1771-1813), French general, was born +at Bussy-le-Grand (Côte d'Or), on the 23rd of October 1771. He went to +school at Chatillon, and was known among his comrades as a blustering +but lovable creature, with a pugnacious disposition. He was studying law +in Paris at the outbreak of the Revolution and joined a volunteer +battalion. He distinguished himself by his valour in the first year of +the Revolutionary wars, and came under the special notice of Napoleon +Bonaparte during the siege of Toulon, while serving as his secretary. It +is related that as he was taking down a despatch, a shell burst hard by +and covered the paper with sand, whereupon he exclaimed, "Bien! nous +n'avions pas de sable pour sécher l'encre! en voici!" He remained the +faithful companion of his chief during the latter's temporary disgrace, +and went with him to Italy as aide-de-camp. He distinguished himself so +much at the battle of Millesimo that he was selected to carry back the +captured colours to Paris; returning to Italy he went through the +campaign with honour, but was badly wounded in the head at Lonato. Many +rash incidents in his career may be traced to this wound, from which he +never completely recovered. During the expedition to Egypt he became a +general of brigade. His devotion to Bonaparte involved him in a duel +with General Lanusse, in which he was again wounded. He had to be left +in Egypt to recover, and in crossing to France was captured by English +cruisers. On his return to France he was made commandant of Paris, and +afterwards promoted general of division. It was at this time that he +married Laure Permon (see JUNOT, LAURE). He next served at Arras in +command of the grenadiers of the army destined for the invasion of +England, and made some alterations in the equipment of the troops which +received the praise of the emperor. It was, however, a bitter +mortification that he was not appointed a marshal of France when he +received the grand cross of the legion of honour. He was made +colonel-general of hussars instead and sent as ambassador to Lisbon, his +entry into which city resembled a royal progress. But he was so restless +and dissatisfied in the Portuguese capital that he set out, without +leave, for the army of Napoleon, with which he took part in the battle +of Austerlitz, behaving with his usual courage and zeal. But he soon +gave fresh offence. Although his early devotion was never forgotten by +the emperor, his uncertain temper and want of self-control made it +dangerous to employ him at court or headquarters, and he was sent to +Parma to put down an insurrection and to be out of the way. In 1806 he +was recalled and became governor of Paris. His extravagance and +prodigality shocked the government, and some rumours of an intrigue with +a lady of the imperial family--it is said Pauline Bonaparte--made it +desirable again to send him away. He was therefore appointed to lead an +invading force into Portugal. For the first time Junot had a great task +to perform, and only his own resources to fall back upon for its +achievement. Early in November 1807 he set out from Salamanca, crossed +the mountains of Beira, rallied his wearied forces at Abrantes, and, +with 1500 men, dashed upon Lisbon, in order, if possible, to seize the +Portuguese fleet, which had, however, just sailed away with the regent +and court to Brazil. The whole movement only took a month; it was +undoubtedly bold and well-conducted, and Junot was made duke of Abrantes +and invested with the governorship of Portugal. But administration was +his weak point. He was not a civil governor, but a _sabreur_, brave, +truculent, and also dissipated and rapacious, though in the last respect +he was far from being the worst offender amongst the French generals in +Spain. His hold on Portugal was never supported by a really adequate +force, and his own conduct, which resembled that of an eastern monarch, +did nothing to consolidate his conquest. After Wellesley encountered him +at Vimiera (see Peninsular War) he was obliged to conclude the so-called +convention of Cintra, and to withdraw from Portugal with all his forces. +Napoleon was furious, but, as he said, was spared the necessity of +sending his old friend before a court martial by the fact that the +English put their own generals on their trial. Junot was sent back to +Spain, where, in 1810-1811, acting under Masséna, he was once more +seriously wounded. His last campaign was made in Russia, and he received +more than a just share of discredit for it. Napoleon next appointed him +to govern Illyria. But Junot's mind had become deranged under the weight +of his misfortunes, and on the 29th of July 1813, at Montbard, he threw +himself from a window in a fit of insanity. + + + + +JUNOT, LAURE, DUCHESS OF ABRANTES (1783-1834), wife of the preceding, +was born at Montpellier. She was the daughter of Mme. Permon, to whom +during her widowhood the young Bonaparte made an offer of marriage--such +at least is the version presented by the daughter in her celebrated +_Memoirs_. The Permon family, after various vicissitudes, settled at +Paris, and Bonaparte certainly frequented their house a good deal after +the downfall of the Jacobin party in Thermidor 1794. Mlle. Permon was +married to Junot early in the consulate, and at once entered eagerly +into all the gaieties of Paris, and became noted for her beauty, her +caustic wit, and her extravagance. The first consul nicknamed her +_petite peste_, but treated her and Junot with the utmost generosity, a +fact which did not restrain her sarcasms and slanders in her portrayal +of him in her _Memoirs_. During Junot's diplomatic mission to Lisbon, +his wife displayed her prodigality so that on his return to Paris in +1806 he was burdened with debts, which his own intrigues did not lessen. +She joined him again at Lisbon after he had entered that city as +conqueror at the close of 1807; but even the presents and spoils won at +Lisbon did not satisfy her demands; she accompanied Junot through part +of the Peninsular War. On her return to France she displeased the +emperor by her vivacious remarks and by receiving guests whom he +disliked. The mental malady of Junot thereafter threatened her with +ruin; this perhaps explains why she took some part in the intrigues for +bringing back the Bourbons in 1814. She did not side with Napoleon +during the Hundred Days. After 1815 she spent most of her time at Rome +amidst artistic society, which she enlivened with her sprightly +converse. She also compiled her spirited but somewhat spiteful +_Memoirs_, which were published at Paris in 1831-1834 in 18 volumes. +Many editions have since appeared. + + Of her other books the most noteworthy are _Histoires contemporaines_ + (2 vols., 1835); _Scènes de la vie espagnole_ (2 vols., 1836); + _Histoire des salons de Paris_ (6 vols., 1837-1838); _Souvenirs d'une + ambassade et d'un séjour en Espagne et en Portugal, de 1808 à 1811_ (2 + vols., 1837). (J. Hl. R.) + + + + +JUNTA (from _juntar_, to join), a Spanish word meaning (1) any meeting +for a common purpose; (2) a committee; (3) an administrative council or +board. The original meaning is now rather lost in the two derivative +significations. The Spaniards have even begun to make use of the +barbarism _métin_, corrupted from the English "meeting." The word +_junta_ has always been and still is used in the other senses. Some of +the boards by which the Spanish administration was conducted under the +Habsburg and the earlier Bourbon kings were styled _juntas_. The +superior governing body of the Inquisition was the _junta suprema_. The +provincial committees formed to organize resistance to Napoleon's +invasion in 1808 were so called, and so was the general committee chosen +from among them to represent the nation. In the War of Independence +(1808-1814), and in all subsequent civil wars or revolutionary +disturbances in Spain or Spanish America, the local executive bodies, +elected, or in some cases self-chosen, to appoint officers, raise money +and soldiers, look after the wounded, and discharge the functions of an +administration, have been known as juntas. + +The form "Junto," a corruption due to other Spanish words ending in +-_o_, came into use in English in the 17th century, often in a +disparaging sense, of a party united for a political purpose, a faction +or cabal; it was particularly applied to the advisers of Charles I., to +the Rump under Cromwell, and to the leading members of the great Whig +houses who controlled the government in the reigns of William III. and +Anne. + + + + +JUPITER, the chief deity of the Roman state. The great and constantly +growing influence exerted from a very early period on Rome by the +superior civilization of Greece not only caused a modification of the +Roman god on the analogy of Zeus, the supreme deity of the Greeks, but +led the Latin writers to identify the one with the other, and to +attribute to Jupiter myths and family relations which were purely Greek +and never belonged to the real Roman religion. The Jupiter of actual +worship was a Roman god; the Jupiter of Latin literature was more than +half Greek. This identification was facilitated by the community of +character which really belonged to Jupiter and Zeus as the Roman and +Greek developments of a common original conception of the god of the +light and the heaven. + +That this was the original idea of Jupiter, not only in Rome, but among +all Italian peoples, admits of no doubt. The earliest form of his name +was _Diovis pater_, or _Diespiter_, and his special priest was the +flamen dialis; all these words point to a root _div_, shining, and the +connexion with _dies_, day, is obvious (cf. JUNO). One of his most +ancient epithets is _Lucetius_, the light-bringer; and later literature +has preserved the same idea in such phrases as _sub Jove_, under the +open sky. All days of the full moon (_idus_) were sacred to him; all +emanations from the sky were due to him and in the oldest form of +religious thought were probably believed to be manifestations of the god +himself. As Jupiter _Elicius_ he was propitiated, with a peculiar +ritual, to send rain in time of drought; as Jupiter _Fulgur_ he had an +altar in the Campus Martius, and all places struck by lightning were +made his property and guarded from the profane by a circular wall. The +vintage, which needs especially the light and heat of the sun, was under +his particular care, and in the festivals connected with it (_Vinalia +urbana_) and _Meditrinalia_, he was the deity invoked, and his flamen +the priest employed. Throughout Italy we find him worshipped on the +summits of hills, where nothing intervened between earth and heaven, and +where all the phenomena of the sky could be conveniently observed. Thus +on the Alban hill south of Rome was an ancient seat of his worship as +Jupiter _Latiaris_, which was the centre of the league of thirty Latin +cities of which Rome was originally an ordinary member. At Rome itself +it is on the Capitoline hill that we find his oldest temple, described +by Livy (i. 10); here we have a tradition of his sacred tree, the oak, +common to the worship both of Zeus and Jupiter, and here too was kept +the _lapis silex_, perhaps a celt, believed to have been a thunderbolt, +which was used symbolically by the fetiales when officially declaring +war and making treaties on behalf of the Roman state. Hence the curious +form of oath, _Jovem lapident jurare_, used both in public and private +life at Rome. + +In this oldest Jupiter of the Latins and Romans, the god of the light +and the heaven, and the god invoked in taking the most solemn oaths, we +may undoubtedly see not only the great protecting deity of the race, but +one, and perhaps the only one, whose worship embodies a distinct moral +conception. He is specially concerned with oaths, treaties and leagues, +and it was in the presence of his priest that the most ancient and +sacred form of marriage, _confarreatio_, took place. The lesser deities, +Dius Fidius and Fides, were probably originally identical with him, and +only gained a separate existence in course of time by a process familiar +to students of ancient religion. This connexion with the conscience, +with the sense of obligation and right dealing, was never quite lost +throughout Roman history. In Virgil's great poem, though Jupiter is in +many ways as much Greek as Roman, he is still the great protecting deity +who keeps the hero in the path of duty (_pietas_) towards gods, state +and family. + +But this aspect of Jupiter gained a new force and meaning at the close +of the monarchy with the building of the famous temple on the Capitol, +of which the foundations are still to be seen. It was dedicated to +Jupiter _Optimus Maximus_, i.e. the best and greatest of all the +Jupiters, and with him were associated Juno and Minerva, in a fashion +which clearly indicates a Graeco-Etruscan origin; for the combination of +three deities in one temple was foreign to the ancient Roman religion, +while it is found both in Greece and Etruria. This temple was built on a +scale of magnificence quite unknown to primitive Rome, and was beyond +doubt the work of Etruscan architects employed, we may presume, by the +Tarquinii. Its three _cellae_ contained the statues of the three +deities, with Jupiter in the middle holding his thunderbolt. +Henceforward it was the centre of the religious life of the state, and +symbolized its unity and strength. Its dedication festival fell on the +13th of September, on which day the consuls originally succeeded to +office; accompanied by the senate and other magistrates and priests, and +in fulfilment of a vow made by their predecessors, they offered to the +great god a white heifer, his favourite sacrifice, and after rendering +thanks for the preservation of the state during the past year, made the +same vow as that by which they themselves had been bound. Then followed +the _epulum Jovis_ or feast of Jupiter, in which the three deities seem +to have been visibly present in the form of their statues, Jupiter +having a couch and each goddess a _sella_, and shared the meal with +senate and magistrates. In later times this day became the central point +of the great Roman games (_ludi Romani_), originally games vowed in +honour of the god if he brought a war to a successful issue. When a +victorious army returned home, it was to this temple that the triumphal +procession passed, and the triumph of which we hear so often in Roman +history may be taken as a religious ceremonial in honour of Jupiter. The +general was dressed and painted to resemble the statue of Jupiter +himself, and was drawn on a gilded chariot by four white horses through +the Porta Triumphalis to the Capitol, where he offered a solemn +sacrifice to the god, and laid on his knees the victor's laurels (see +TRIUMPH). + +Throughout the period of the Republic the great god of the Capitol in +his temple looking down on the Forum continued to overshadow all other +worships as the one in which the whole state was concerned, in all its +length and breadth, rather than any one gens or family. Under Augustus +and the new monarchy it is sometimes said that the Capitoline worship +suffered to some extent an eclipse (J. B. Carter, _The Religion of +Numa_, p. 160 seq.); and it is true that as it was the policy of +Augustus to identify the state with the interests of his own family, he +did what was feasible to direct the attention of the people to the +worships in which he and his family were specially concerned; thus his +temple of Apollo on the Palatine, and that of Mars Ultor in the Forum +Augusti, took over a few of the prerogatives of the cult on the Capitol. +But Augustus was far too shrewd to attempt to oust Jupiter Optimus +Maximus from his paramount position; and he became the protecting deity +of the reigning emperor as representing the state, as he had been the +protecting deity of the free republic. His worship spread over the whole +empire; it is probable that every city had its temple to the three +deities of the Roman Capitol, and the fact that the Romans chose the +name of Jupiter in almost every case, by which to indicate the chief +deity of the subject peoples, proves that they continued to regard him, +so long as his worship existed at all, as the god whom they themselves +looked upon as greatest. + + See ZEUS, ROMAN RELIGION. Excellent accounts of Jupiter may be found + in Roscher's _Mythological Lexicon_, and in Wissowa's _Religion und + Kultus der Römer_ (p. 100 seq.). (W. M. Ra.; W. W. F.*) + + + + +JUPITER, in astronomy, the largest planet of the solar system; his size +is so great that it exceeds the collective mass of all the others in the +proportion of 5 to 2. He travels in his orbit at a mean distance from +the sun exceeding that of the earth 5.2 times, or 483,000,000 miles. The +eccentricity of this orbit is considerable, amounting to 0.048, so that +his maximum and minimum distances are 504,000,000 and 462,000,000 miles +respectively. When in opposition and at his mean distance, he is +situated 390,000,000 miles from the earth. His orbit is inclined about +1° 18´ 40´´ to the ecliptic. His sidereal revolution is completed in +4332.585 days or 11 years 314.9 days, and his synodical period, or the +mean interval separating his returns to opposition, amounts to 398.87 +days. His real polar and equatorial diameters measure 84,570 and 90,190 +miles respectively, so that the mean is 87,380 miles. His apparent +diameter (equatorial) as seen from the earth varies from about 32´´, +when in conjunction with the sun, to 50´´ in opposition to that +luminary. The oblateness, or compression, of his globe amounts to about +1/16; his volume exceeds that of the earth 1390 times, while his mass is +about 300 times greater. These values are believed to be as accurate as +the best modern determinations allow, but there are some differences +amongst various observers and absolute exactness cannot be obtained. + +The discovery of telescopic construction early in the 17th century and +the practical use of the telescope by Galileo and others greatly +enriched our knowledge of Jupiter and his system. Four of the satellites +were detected in 1610, but the dark bands or belts on the globe of the +planet do not appear to have been noticed until twenty years later. +Though Galileo first sighted the satellites and perseveringly studied +the Jovian orb, he failed to distinguish the belts, and we have to +conclude either that these features were unusually faint at the period +of his observations, or that his telescopes were insufficiently powerful +to render them visible. The belts were first recognized by Nicolas +Zucchi and Daniel Bartoli on the 17th of May 1630. They were seen also +by Francesco Fontana in the same and immediately succeeding years, and +by other observers of about the same period, including Zuppi, Giovanni +Battista Riccioli and Francesco Maria Grimaldi. Improvements in +telescopes were quickly introduced, and between 1655 and 1666 C. +Huygens, R. Hooke and J. D. Cassini made more effective observations. +Hooke discovered a large dark spot in the planet's southern hemisphere +on the 19th of May 1664, and from this object Cassini determined the +rotation period, in 1665 and later years, as 9 hours 56 minutes. + +The belts, spots and irregular markings on Jupiter have now been +assiduously studied during nearly three centuries. These markings are +extremely variable in their tones, tints and relative velocities, and +there is little reason to doubt that they are atmospheric formations +floating above the surface of the planet in a series of different +currents. Certain of the markings appear to be fairly durable, though +their rates of motion exhibit considerable anomalies and prove that they +must be quite detached from the actual sphere of Jupiter. At various +times determinations of the rotation period were made as follows:-- + + _Date._ _Observer._ _Period._ _Place of Spot._ + + 1672 J. D. Cassini 9 h. 55 m. 50 s. Lat. 16° S. + 1692 " 9 h. 50 m. Equator. + 1708 J. P. Maraldi 9 h. 55 m. 48 s. S. tropical zone + 1773 J. Sylvabelle 9 h. 56 m. " " + 1788 J. H. Schröter 9 h. 55 m. 33.6 s. Lat. 12° N. + 1788 " 9 h. 55 m. 17.6 s. Lat. 20° S. + 1835 J. H. Mädler 9 h. 55 m. 26.5 s. Lat. 5° N. + 1835 G. B. Airy 9 h. 55 m. 21.3 s. N. tropical zone. + +A great number of Jovian features have been traced in more recent years +and their rotation periods ascertained. According to the researches of +Stanley Williams the rates of motion for different latitudes of the +planet are approximately as under:-- + + _Latitude._ _Rotation Period._ + + +85° to +28° 9 h. 55 m. 37.5 s. + +28° to +24° 9 h. 54½ m. to 9 h. 56½ m. + +24° to +20° 9 h. 48 m. to 9 h. 49½ m. + +20° to +10° 9 h. 55 m. 33.9 s. + +10° to -12° 9 h. 50 m. 20 s. + -12° to -18° 9 h. 55 m. 40 s. + -18° to -37° 9 h. 55 m. 18.1 s. + -37° to -55° 9 h. 55 m. 5 s. + +W. F. Denning gives the following relative periods for the years 1898 to +1905:-- + + _Latitude._ _Rotation Period._ + + N.N. temperate 9 h. 55 m. 41.5 s. + N. temperate 9 h. 55 m. 53.8 s. + N. tropical 9 h. 55 m. 30 s. + Equatorial 9 h. 50 m. 27 s. + S. temperate 9 h. 55 m. 19.5 s. + S.S. temperate 9 h. 55 m. 7 s. + +[Illustration: FIG. 1.--Inverted disk of Jupiter, showing the different +currents and their rates of rotation.] + +The above are the mean periods derived from a large number of markings. +The bay or hollow in the great southern equatorial belt north of the red +spot has perhaps been observed for a longer period than any other +feature on Jupiter except the red spot itself. H. Schwabe saw the hollow +in the belt on the 5th of September 1831 and on many subsequent dates. +The rotation period of this object during the seventy years to the 5th +of September 1901 was 9 h. 55 m. 36 s. from 61,813 rotations. Since 1901 +the mean period has been 9 h. 55 m. 40 s., but it has fluctuated between +9 h. 55 m. 38 s. and 9 h. 55 m. 42 s. The motion of the various features +is not therefore dependent upon their latitude, though at the equator +the rate seems swifter as a rule than in other zones. But exceptions +occur, for in 1880 some spots appeared in about 23° N. which rotated in +9 h. 48 m. though in the region immediately N. of this the spot motion +is ordinarily the slowest of all and averages 9 h. 55 m. 53.8 s. (from +twenty determinations). These differences of speed remind us of the +sun-spots and their proper motions. The solar envelope, however, appears +to show a pretty regular retardation towards the poles, for according to +Gustav Spörer's formula, while the equatorial period is 25 d. 2 h. 15 m. +the latitudes 46° N. and S. give a period of 28 d. 15 h. 0 m. + +The Jovian currents flow in a due east and west direction as though +mainly influenced by the swift rotatory movement of the globe, and +exhibit little sign of deviation either to N. or S. These currents do +not blend and pass gradually into each other, but seem to be definitely +bounded and controlled by separate, phenomena well capable of preserving +their individuality. Occasionally, it is true, there have been slanting +belts on Jupiter (a prominent example occurred in the spring of 1861), +as though the materials were evolved with some force in a polar +direction, but these oblique formations have usually spread out in +longitude and ultimately formed bands parallel with the equator. The +longitudinal currents do not individually present us with an equable +rate of motion. In fact they display some curious irregularities, the +spots carried along in them apparently oscillating to and fro without +any reference to fixed periods or cyclical variations. Thus the +equatorial current in 1880 moved at the rate of 9 h. 50 m. 6 s. whereas +in 1905 it was 9 h. 50 m. 33 s. The red spot in the S. tropical zone +gave 9 h. 55 m. 34 s. in 1879-1880, whereas during 1900-1908 it has +varied a little on either side of 9 h. 55 m. 40.6 s. Clearly therefore +no fixed period of rotation can be applied for any spot since it is +subject to drifts E. or W. and these drifts sometimes come into +operation suddenly, and may be either temporary or durable. Between 1878 +and 1900 the red spot in the planet's S. hemisphere showed a continuous +retardation of speed. + +It must be remembered that in speaking of the rotation of these +markings, we are simply alluding to the irregularities in the vaporous +envelope of Jupiter. The rotation of the planet itself is another matter +and its value is not yet exactly known, though it is probably little +different from that of the markings, and especially from those of the +most durable character, which indicate a period of about 9 h. 56 m. We +never discern the actual landscape of Jupiter or any of the individual +forms really diversifying it. + +Possibly the red spot which became so striking an object in 1878, and +which still remains faintly visible on the planet, is the same feature +as that discovered by R. Hooke in 1664 and watched by Cassini in +following years. It was situated in approximately the same latitude of +the planet and appears to have been hidden temporarily during several +periods up to 1713. But the lack of fairly continuous observations of +this particular marking makes its identity with the present spot +extremely doubtful. The latter was seen by W. R. Dawes in 1857, by Sir +W. Huggins in 1858, by J. Baxendell in 1859, by Lord Rosse and R. +Copeland in 1873, by H. C. Russell in 1876-1877, and in later years it +has formed an object of general observation. In fact it may safely be +said that no planetary marking has ever aroused such widespread interest +and attracted such frequent observation as the great red spot on +Jupiter. + +The slight inclination of the equator of this planet to the plane of his +orbit suggests that he experiences few seasonal changes. From the +conditions we are, in fact, led to expect a prevailing calm in his +atmosphere, the more so from the circumstance that the amount of the +sun's heat poured upon each square mile of it is (on the average) less +than the 27th part of that received by each square mile of the earth's +surface. Moreover, the seasons of Jupiter have nearly twelve times the +duration of ours, so that it would be naturally expected that changes in +his atmosphere produced by solar action take place with extreme +slowness. But this is very far from being the case. Telescopes reveal +the indications of rapid changes and extensive disturbances in the +aspect and material forming the belts. New spots covering large areas +frequently appear and as frequently decay and vanish, implying an +agitated condition of the Jovian atmosphere, and leading us to admit the +operation of causes much more active than the heating influence of the +sun. + +[Illustration: FIG. 2.--Jupiter, 1903, July 10, 2.50 a.m.] + +[Illustration: FIG. 3.--Jupiter, 1906, April 15, 5.50 p.m.] + +When we institute a comparison between Jupiter and the earth on the +basis that the atmosphere of the former planet bears the same relation +to his mass as the atmosphere of the earth bears to her mass, we find +that a state of things must prevail on Jupiter very dissimilar to that +affecting our own globe. The density of the Jovian atmosphere we should +expect to be fully six times as great as the density of our air at +sea-level, while it would be comparatively shallow. But the telescopic +aspect of Jupiter apparently negatives the latter supposition. The belts +and spots grow faint as they approach the limb, and disappear as they +near the edge of the disk, thus indicating a dense and deep atmosphere. +R. A. Proctor considered that the observed features suggested inherent +heat, and adopted this conclusion as best explaining the surface +phenomena of the planet. He regarded Jupiter as belonging, on account of +his immense size, to a different class of bodies from the earth, and was +led to believe that there existed greater analogy between Jupiter and +the sun than between Jupiter and the earth. Thus the density of the sun, +like that of Jupiter, is small compared with the earth's; in fact, the +mean density of the sun is almost identical with that of Jupiter, and +the belts of the latter planet may be much more aptly compared with the +spot zones of the sun than with the trade zones of the earth. + +In support of the theory of inherent heat on Jupiter it has been said +that his albedo (or light reflected from his surface) is much greater +than the amount would be were his surface similar to that of the moon, +Mercury or Mars, and the reasoning has been applied to the large outer +planets, Saturn, Uranus and Neptune, as well as to Jupiter. The average +reflecting capacity of the moon and five outer planets would seem to be +(on the assumption that they possess no inherent light) as follows:-- + + Moon 0.1736 Jupiter 0.6238 Uranus 0.6400 + Mars 0.2672 Saturn 0.4981 Neptune 0.4848 + +These values were considered to support the view that the four larger +and more distant orbs shine partly by inherent lustre, and the more so +as spectroscopic analysis indicates that they are each involved in a +deep vapour-laden atmosphere. But certain observations furnish a +contradiction to Proctor's views. The absolute extinction of the +satellites, even in the most powerful telescopes, while in the shadow of +Jupiter, shows that they cannot receive sufficient light from their +primary to render them visible, and the darkness of the shadows of the +satellites when projected on the planet's disk proves that the latter +cannot be self-luminous except in an insensible degree. It is also to be +remarked that, were it only moderately self-luminous, the colour of the +light which it sends to us would be red, such light being at first +emitted from a heated body when its temperature is raised. Possibly, +however, the great red spot, when the colouring was intense in 1878 and +several following years, may have represented an opening in the Jovian +atmosphere, and the ruddy belts may be extensive rifts in the same +envelope. If Jupiter's actual globe emitted a good deal of heat and +light we should probably distinguish little of it, owing to the +obscuring vapours floating above the surface. Venus reflects relatively +more light than Jupiter, and there is little doubt that the albedo of a +planet is dependent upon atmospheric characteristics, and is in no case +a direct indication of inherent light and heat. + +The colouring of the belts appears to be due to seasonal variations, for +Stanley Williams has shown that their changes have a cycle of twelve +years, and correspond as nearly as possible with a sidereal revolution +of Jupiter. The variations are of such character that the two great +equatorial belts are alternately affected; when the S. equatorial belt +displays maximum redness the N. equatorial is at a minimum and vice +versa. + +The most plausible hypothesis with regard to the red spot is that it is +of the nature of an island floating upon a liquid surface, though its +great duration does not favour this idea. But it is an open question +whether the belts of Jupiter indicate a liquid or gaseous condition of +the visible surface. The difficulty in the way of the liquid hypothesis +is the great difference in the times of rotation between the equatorial +portions of the planet and the spots in temperate latitudes. The latter +usually rotate in periods between 9 h. 55 m. and 9 h. 56 m., while the +equatorial markings make a revolution in about five minutes less, 9 h. +50 m. to 9 h. 51 m. The difference amounts to 7.5° in a terrestrial day +and proves that an equatorial spot will circulate right round the +enormous sphere of Jupiter (circumference 283,000 m.) in 48 days. The +motion is equivalent to about 6000 m. per day and 250 m. per hour. + (W. F. D.) + + +_Satellites of Jupiter._ + +Jupiter is attended by eight known satellites, resolvable as regards +their visibility into two widely different classes. Four satellites were +discovered by Galileo and were the only ones known until 1892. In +September of that year E. E. Barnard, at the Lick Observatory, +discovered a fifth extremely faint satellite, performing a revolution in +somewhat less than twelve hours. In 1904 two yet fainter satellites, far +outside the other five, were photographically discovered by C. D. +Perrine at the Lick Observatory. The eighth satellite was discovered by +P. J. Melotte of Greenwich on the 28th of February 1908. It is of the +17th magnitude and appears to be very distant from Jupiter; a +re-observation on the 16th of January 1909 proved it to be retrograde, +and to have a very eccentric orbit. These bodies are usually numbered in +the order of their discovery, the nearest to the sun being V. In +apparent brightness each of the four Galilean satellites may be roughly +classed as of the sixth magnitude; they would therefore be visible to a +keen eye if the brilliancy of the planet did not obscure them. Some +observers profess to have seen one or more of these bodies with the +naked eye notwithstanding this drawback, but the evidence can scarcely +be regarded as conclusive. It does not however seem unlikely that the +third, which is the brightest, might be visible when in conjunction with +one of the others. + +Under good conditions and sufficient telescopic power the satellites are +visible as disks, and not mere points of light. Measures of the apparent +diameter of objects so faint are, however, difficult and uncertain. The +results for the Galilean satellites range between 0´´.9 and 1´´.5, +corresponding to diameters of between 3000 and 5000 kilometres. The +smallest is therefore about the size of our moon. Satellite I. has been +found to exhibit marked variations in its brightness and aspect, but the +law governing them has not been satisfactorily worked out. It seems +probable that one hemisphere of this satellite is brighter than the +other, or that there is a large dark region upon it. A revolution on its +axis corresponding with that of the orbital revolution around the planet +has also been suspected, but is not yet established. Variations of light +somewhat similar, but less in amount, have been noticed in the second +and third satellites. + +The most interesting and easily observed phenomena of these bodies are +their eclipses and their transits across the disk of Jupiter. The four +inner satellites pass through the shadow of Jupiter at every superior +conjunction, and across his disk at every inferior conjunction. The +outer Galilean satellite does the same when the conjunctions are not too +near the line of nodes of the satellites' orbit. When most distant from +the nodes, the satellites pass above or below the shadow and below or +above the disk. These phenomena for the four Galilean satellites are +predicted in the nautical almanacs. + +When one of the four Galilean satellites is in transit across the disk +of Jupiter it can generally be seen projected on the face of the planet. +It is commonly brighter than Jupiter when it first enters upon the limb +but sometimes darker near the centre of the disk. This is owing to the +fact that the planet is much darker at the limb. During these transits +the shadow of the satellites can also be seen projected on the planet as +a dark point. + + The theories of the motion of these bodies form one of the more + interesting problems of celestial mechanics. Owing to the great + ellipticity of Jupiter, growing out of his rapid rotation, the + influence of this ellipticity upon the motions of the five inner + satellites is much greater than that of the sun, or of the satellites + on each other. The inclination of the orbits to the equator of Jupiter + is quite small and almost constant, and the motion of each node is + nearly uniform around the plane of the planet's equator. + + The most marked feature of these bodies is a relation between the mean + longitudes of Satellites I., II. and III. The mean longitude of I. + plus twice that of III. minus three times that of II. is constantly + near to 180°. It follows that the same relations subsist among the + mean motions. The cause of this was pointed out by Laplace. If we put + L1 L2 and L3 for the mean longitudes, and define an angle U as + follows:-- + + U = L1 - 3 L2 + 2 L3. + + it was shown mathematically by Laplace that if the longitudes and mean + motions were such that the angle U differed a little from 180°, there + was a minute residual force arising from the mutual actions of the + several bodies tending to bring this angle towards the value 180°. + Consequently, if the mean motions were such that this angle increased + only with great slowness, it would after a certain period tend back + toward the value 180°, and then beyond it, exactly as a pendulum drawn + out of the perpendicular oscillates towards and beyond it. Thus an + oscillation would be engendered in virtue of which the angle would + oscillate very slowly on each side of the central value. Computation + of the mean longitude from observations has indicated that the angle + does differ from 180°, but it is not certain whether this deviation is + greater than the possible result of the errors of observation. However + this may be, the existence of the libration, and its period if it does + exist, are still unknown. + + The following are the principal elements of the orbits of the five + inner satellites, arranged in the order of distance from Jupiter. The + mean longitudes are for 1891, 20th of October, G.M.T., and are + referred to the equinox of the epoch, 1891, 2nd of October:-- + + +--------------------+-----------+--------------+--------------+-----------+-------------+ + | Satellite | V. | I. | II. | III. | IV. | + +--------------------+-----------+--------------+--------------+-----------+-------------+ + | Mean Long. | 264°.29 | 313°.7193 | 39°.1187 | 171°.2448 | 62°.2000 | + | Synodic Period |11 h. 58 m.|1 d. 18 h. .48| 3d. 13h. .30|7d. 3h. .99|16d. 18m. .09| + | Mean Distance |106,400 m. | 260,000 m. | 414,000 m. | 661,000 m.| 1,162,000 m.| + | Mass ÷ Mass of Jup.| (?) | .00002831 | .00002324 | .00008125 | .00002149 | + | Stellar Mag. | 13 | 6.0 | 6.1 | 5.6 | 6.6 | + +--------------------+-----------+--------------+--------------+-----------+-------------+ + + The following numbers relating to the planet itself have been supplied + mostly by Professor Hermann Struve. + + Filar Mic. Heliom. + + Equatorial diameter of Jupiter (Dist. 5.2028) 38´´.50 37´´.50 + Polar diameter of Jupiter 36´´.02 35´´.23 + Ellipticity 1 ÷ 15.5 1 ÷ 16.5 + Theoretical ellipticity from motion of + 900´´ in the pericentreof Sat. V 1 ÷ 15.3 + Centrifugal force ÷ gravity at equator 0.0900 + Mass of Jupiter ÷ Mass of Sun, now used in tables 1 ÷ 1047.34 + Inclination of planet's equator to ecliptic 2° 9´.07 + 0.006t + " " " " orbit 3° 4´.80 + Long. of Node of equator on ecliptic 336° 21´.47 + 0´.762t + " " " " orbit 135°25´.81 + 0.729t + + The longitudes are referred to the mean terrestrial equinox, and t is + the time in years from 1900.0. + + For the elements of Jupiter's orbit, see SOLAR SYSTEM; and for + physical constants, see PLANET. (S. N.) + + + + +JUR (DIUR), the Dinka name for a tribe of negroes of the upper Nile +valley, whose real name is Luoh, or Lwo. They appear to be immigrants, +and tradition places their home in the south; they now occupy a district +of the Bahr-el-Ghazal between the Bongo and Dinka tribes. Of a reddish +black colour, fairer than the Dinka, they are well proportioned, with +the hair short. Tattooing is not common, but when found is similar to +that of the Dinka; they pierce the ears and nose, and in addition to the +ornaments found among the Dinka (q.v.) wear a series of iron rings on +the forearm covering it from wrist to elbow. They are mainly +agricultural, but hunt and fish to a considerable extent; they are also +skilful smiths, smelting their own iron, of which they supply quantities +to the Dinka. They are a prosperous tribe and in consequence spinsters +are unknown among them. Their chief currency is spears and hoe-blades, +and cowrie shells are used in the purchase of wives. Their chief weapons +are spears and bows. + + See G. Schweinfurth, _The Heart of Africa: Travels 1868-1871_, trans. + G. E. E. Frewer (2nd ed., 1874); W. Junker, _Travels in Africa_ (Eng. + ed., 1890-1892). + + + + +JURA, a department of France, on the eastern frontier, formed from the +southern portion of the old province of Franche-Comté. It is bounded N +by the department of Haute-Saône, N.E. by Doubs, E. by Switzerland, S. +by Ain, and W. by Saône-et-Loire and Côte d'Or. Pop. (1906), 257,725. +Area, 1951 sq. m. Jura comprises four distinct zones with a general +direction from north to south. In the S.E. lie high eastern chains of +the central Jura, containing the Crêt Pela (4915 ft.), the highest point +in the department. More to the west there is a chain of forest-clad +plateaus bordered on the E. by the river Ain. Westward of these runs a +range of hills, the slopes of which are covered with vineyards. The +north-west region of the department is occupied by a plain which +includes the fertile Finage, the northern portion of the Bresse, and is +traversed by the Doubs and its left affluent the Loue, between which +lies the fine forest of Chaux, 76 sq. m. in area. Jura falls almost +wholly within the basin of the Rhone. Besides those mentioned, the chief +rivers are the Valouze and the Bienne, which water the south of the +department. There are several lakes, the largest of which is that of +Chalin, about 12 m. E. of Lons-le-Saunier. The climate is, on the whole, +cold; the temperature is subject to sudden and violent changes, and +among the mountains winter sometimes lingers for eight months. The +rainfall is much above the average of France. + +Jura is an agricultural department: wheat, oats, maize and barley are +the chief cereals, the culture of potatoes and rape being also of +importance. Vines are grown mainly in the cantons of Arbois, Poligny, +Salins and Voiteur. Woodlands occupy about a fifth of the area: the oak, +hornbeam and beech, and, in the mountains, the spruce and fir, are the +principal varieties. Natural pasture is abundant on the mountains. +Forests, gorges, torrents and cascades are characteristic features of +the scenery. Its minerals include iron and salt and there are +stone-quarries. Peat is also worked. Lons-le-Saunier and Salins have +mineral springs. Industries include the manufacture of Gruyère, +Septmoncel and other cheeses (made in co-operative cheese factories or +_fruitières_), metal founding and forging, saw-milling, flour-milling, +the cutting of precious stones (at Septmoncel and elsewhere), the +manufacture of nails, tools and other iron goods, paper, leather, +brier-pipes, toys and fancy wooden-ware and basket-work. The making of +clocks, watches, spectacles and measures, which are largely exported, +employs much labour in and around Morez. Imports consist of grain, +cattle, wine, leaf-copper, horn, ivory, fancy-wood; exports of +manufactured articles, wine, cheese, stone, timber and salt. The +department is served chiefly by the Paris-Lyon-Méditerranée railway, the +main line from Paris to Neuchâtel traversing its northern region. The +canal from the Rhone to the Rhine, which utilizes the channel of the +Doubs over portions of its course, traverses it for 25 m. +Lons-le-Saunier is the chief town of Jura, which embraces four +arrondissements named after the towns of Lons-le-Saunier, Dôle, Poligny +and St Claude, with 32 cantons and 584 communes. The department forms +the diocese of St Claude and part of the ecclesiastical province of +Besançon; it comes within the region of the VIIth army corps and the +educational circumscription (académie) of Besançon, where is its court +of appeal. Lons-le-Saunier, Dôle, Arbois, Poligny, St Claude and Salins, +the more noteworthy towns, receive separate notices. At +Baume-les-Messieurs, 8 m. N.E. of Lons-le-Saunier, there is an ancient +abbey with a fine church of the 12th century. + + + + +JURA ("deer island"), an island of the inner Hebrides, the fourth +largest of the group, on the west coast of Argyllshire, Scotland. Pop. +(1901), 560. On the N. it is separated from the island of Scarba by the +whirlpool of Corrievreckan, caused by the rush of the tides, often +running over 13 m. an hour, and sometimes accelerated by gales, on the +E. from the mainland by the sound of Jura, and on the S. and S.W. from +Islay by the sound of Islay. At Kinuachdrach there is a ferry to Aird in +Lorne, in Argyllshire, and at Faolin there is a ferry to Port Askaig in +Islay. Its area is about 160 sq. m., the greatest length is about 27 m., +and the breadth varies from 2 m. to 8 m. The surface is mountainous and +the island is the most rugged of the Hebrides. A chain of hills +culminating in the Paps of Jura--Beinn-an-Oir (2571 ft.) and Beinn +Chaolais (2407 ft.)--runs the whole length of the island, interrupted +only by Tarbert loch, an arm of the sea, which forms an indentation +nearly 6 m. deep and almost cuts the island in two. Jura derived its +name from the red deer which once abounded on it. Cattle and sheep are +raised; oats, barley and potatoes are cultivated along the eastern +shore, and there is some fishing. Granite is quarried and silicious +sand, employed in glass-making is found. The parish of Jura comprises +the islands of Balnahua, Fladda, Garvelloch, Jura, Lunga, Scarba and +Skervuile. + + + + +JURA, a range which may be roughly described as the block of mountains +rising between the Rhine and the Rhone, and forming the frontier between +France and Switzerland. The gorges by which these two rivers force their +way to the plains cut off the Jura from the Swabian and Franconian +ranges to the north and those of Dauphiné to the south. But in very +early days, before these gorges had been carved out, there were no +openings in the Jura at all, and even now its three chief rivers--the +Doubs, the Loue and the Ain--flow down the western slope, which is both +much longer and but half as steep as the eastern. Some geographers +extend the name Jura to the Swabian and Franconian ranges between the +Danube and the Neckar and the Main; but, though these are similar in +point of composition and direction to the range to the south, it is most +convenient to limit the name to the mountain ridges lying between France +and Switzerland, and this narrower sense will be adopted here. + +The Jura has been aptly described as a huge plateau about 156 m. long +and 38 m. broad, hewn into an oblong shape, and raised by internal +forces to an average height of from 1950 to 2600 ft. above the +surrounding plains. The shock by which it was raised and the vibration +caused by the elevation of the great chain of the Alps, produced many +transverse gorges or "cluses," while on the plateaus between these +subaerial agencies have exercised their ordinary influence. + +Geologically the Jura Mountains belong to the Alpine system; and the +same forces which crumpled and tore the strata of the one produced the +folds and faults in the other. Both chains owe their origin to the mass +of crystalline and unyielding rock which forms the central plateau of +France, the Vosges and the Black Forest, and which, between the Vosges +and the central plateau, lies at no great depth beneath the surface. +Against this mass the more yielding strata which lay to the south and +west were crushed and folded, and the Alps and the Jura were carved from +the ridges which were raised. But the folding decreases in intensity +towards the north; the folding in the Alps is much more violent than the +folding in the Jura, and in the Jura itself the folding is most marked +along its southern flanks. + +The Jura is composed chiefly of Jurassic rocks--it is from this chain +that the Jurassic system derives its name--but Triassic, Cretaceous and +Tertiary beds take part in its formation. It may be divided into three +zones which run parallel to the length of the chain and differ from one +another in their structure. The innermost zone, which rises directly +from the plain of Switzerland, is the _folded Jura_ (_Jura plissé, +Kettenjura_), formed of narrow parallel undulations which diminish in +intensity towards the French border. This is followed by the _Jura +plateau_ (_Jura tabulaire_, _Tafeljura_), in which the beds are +approximately horizontal but are broken up into blocks by fractures or +faults. Finally, along its western face there is a zone of numerous +dislocations, and the range descends abruptly to the plain of the Saône. +This is the _Région du vignoble_ and is well shown at Arbois. + +Owing to the convergence of the faults which bound it, the plateau zone +decreases in width towards the south, while towards the north it forms a +large proportion of the chain. The folded zone is more constant. Along +its inner margin the folds are frequently overthrown, leaning towards +France, but elsewhere they are simple anticlinals and synclinals, +parallel to the length of the chain, and as a rule there is a remarkable +freedom from dislocations of any importance, except towards Neuchâtel +and Bienne. + +The countless blocks of gneiss, granite and other crystalline formations +which are found in such numbers on the slopes of the Jura, and go by the +name of "erratic blocks" (of which the best known instance--the Pierre à +Bot--is 40 ft. in diameter, and rests on the side of a hill 800 ft. +above the Lake of Neuchâtel), have been transported thither from the +Alps by ancient glaciers, which have left their mark on the Jura range +itself in the shape of striations and moraines. + +The general direction of the chain is from north-east to south-west, but +a careful study reveals the fact that there were in reality two main +lines of upheaval, viz. north to south and east to west, the former best +seen in the southern part of the range and the latter in the northern; +and it was by the union of these two forces that the lines north-east to +south-west (seen in the greater part of the chain), and north-west to +south-east (seen in the Villebois range at the south-west extremity of +the chain), were produced. This is best realized if we take Besançon as +a centre; to the north the ridges run east and west, to the south, north +and south, while to the east the direction is north-east to south-west. + + Before considering the topography of the interior of the Jura, it may + be convenient to take a brief survey of its outer slopes. + + 1. The _northern face_ dominates on one side the famous "Trouée" (or + Trench) of Belfort, one of the great geographical centres of Europe, + whence routes run north down the Rhine to the North Sea, south-east to + the Danube basin and Black Sea, and south-west into France, and so to + the Mediterranean basin. It is now so strongly fortified that it + becomes a question of great strategical importance to prevent its + being turned by means of the great central plateau of the Jura, which, + as we shall see, is a network of roads and railways. On the other side + it overhangs the "Trouée" of the Black Forest towns on the Rhine + (Rheinfelden, Säckingen, Laufenburg and Waldshut), through which the + central plain of Switzerland is easily gained. On this north slope two + openings offer routes into the interior of the chain--the valley of + the Doubs belonging to France, and the valley of the Birse belonging + to Switzerland. Belfort is the military, Mülhausen the industrial, and + Basel the commercial centre of this slope. + + 2. The _eastern and western faces_ offer many striking parallels. The + plains through which flow the Aar and the Saône have each been the bed + of an ancient lake, traces of which remain in the lakes of Neuchâtel, + Bienne and Morat. The west face runs mainly north and south like its + great river, and for a similar reason the east face runs north-east to + south-west. Again, both slopes are pierced by many transverse gorges + or "cluses" (due to fracture and not to erosion), by which access is + gained to the great central plateau of Pontarlier, though these are + seen more plainly on the east face than on the west; thus the gorges + at the exit from which Lons-le-Saunier, Poligny, Arbois and Salins are + built balance those of the Suze, of the Val de Ruz, of the Val de + Travers, and of the Val d'Orbe, though on the east face there is but + one city which commands all these important routes--Neuchâtel. This + town is thus marked out by nature as a great military and industrial + centre, just as is Besançon on the west, which has besides to defend + the route from Belfort down the Doubs. These easy means of + communicating with the Free County of Burgundy or Franche-Comté + account for the fact that the dialect of Neuchâtel is Burgundian, and + that it was held generally by Burgundian nobles, though most of the + country near it was in the hands of the house of Savoy until gradually + annexed by Bern. The Chasseron (5286 ft.) is the central point of the + eastern face, commanding the two great railways which join Neuchâtel + and Pontarlier. This ridge is in a certain sense parallel to the + valley of the Loue on the west face, which flows into the Doubs a + little to the south of Dôle, the only important town of the central + portion of the Saône basin. The Chasseron is wholly Swiss, as are the + lower summits of the Chasseral (5279 ft.), the Mont Suchet (5220 ft.), + the Aiguille de Baulmes (5128 ft.), the Dent de Vaulion (4879 ft.), + the Weissenstein (4223 ft.), and the Chaumont (3845 ft.), the two + last-named points being probably the best-known points in the Jura, as + they are accessible by carriage road from Soleure and Neuchâtel + respectively. South of the Orbe valley the east face becomes a rocky + wall which is crowned by all the highest summits (the first and second + Swiss, the rest French) of the chain--the Mont Tendre (5512 ft.), the + Dôle (5505 ft.), the Reculet (5643 ft.), the Crêt de la Neige (5653 + ft.) and the Grand Crédo (5328 ft.), the uniformity of level being as + striking as on the west edge of the Jura, though there the absolute + height is far less. The position of the Dôle is similar to that of the + Chasseron, as along the sides of it run the great roads of the Col de + St Cergues (3973 ft.) and the Col de la Faucille (4341 ft.), the + latter leading through the Vallée des Dappes, which was divided in + 1862 between France and Switzerland, after many negotiations. The + height of these roads shows that they are passages across the chain, + rather than through natural depressions. + + 3. The _southern face_ is supported by two great pillars--on the east + by the Grand Crédo and on the west by the ridge of Revermont (2529 + ft.) above Bourg en Bresse; between these a huge bastion (the district + of _Bugey_) stretches away to the south, forcing the Rhone to make a + long détour. On the two sides of this bastion the plains in which + Ambérieu and Culoz stand balance one another, and are the meeting + points of the routes which cut through the bastion by means of deep + gorges. On the eastern side this great wedge is steep and rugged, + ending in the Grand Colombier (5033 ft.) above Culoz, and it sinks on + the western side to the valley of the Ain, the district of Bresse, and + the plateau of Dombes. The junction of the Ain and the Surand at Pont + d'Ain on the west balances that of the Valserine and the Rhone at + Bellegarde on the east. + + The Jura thus dominates on the north one of the great highways of + Europe, on the east and west divides the valleys of the Saône and the + Aar, and stretches out to the south so as nearly to join hands with + the great mass of the Dauphiné Alps. It therefore commands the routes + from France into Germany, Switzerland and Italy, and hence its + enormous historical importance. + + Let us now examine the topography of the interior of the range. This + naturally falls into three divisions, each traversed by one of the + three great rivers of the Jura--the Doubs, the Loue and the Ain. + + 1. In the _northern division_ it is the east and west line which + prevails--the Lomont, the Mont Terrible, the defile of the Doubs from + St Ursanne to St Hippolyte, and the "Trouée" of the Black Forest + towns. It thus bars access to the central plateau from the north, and + this natural wall does away with the necessity of artificial + fortifications. This division falls again into two distinct portions. + + (a) The first is the _part east of the deep gorge of the Doubs_ after + it turns south at St Hippolyte; it is thus quite cut off on this side, + and is naturally Swiss territory. It includes the basin of the river + Birse, and the great plateau between the Doubs and the Aar, on which, + at an average height of 2600 ft., are situated a number of towns, one + of the most striking features of the Jura. These include Le Locle + (q.v.) and La Chaux de Fonds (q.v.), and are mainly occupied with + watch-making, an industry which does not require bulky machinery, and + is therefore well fitted for a mountain district. + + (b) _The part west of the "cluse" of the Doubs_: of this, the district + east of the river Dessoubre, isolated in the interior of the range + (unlike the Le Locle plateau), is called the Haute Montagne, and is + given up to cheese-making, curing of hams, saw-mills, &c. But little + watch-making is carried on there, Besançon being the chief French + centre of this industry, and being connected with Geneva by a chain of + places similarly occupied, which fringe the west plateau of the Jura. + The part west of the Dessoubre, or the Moyenne Montagne, a huge + plateau north of the Loue, is more especially devoted to agriculture, + while along its north edge metal-working and manufacture of hardware + are carried on, particularly at Besançon and Audincourt. + + 2. The _central division_ is remarkable for being without the deep + gorges which are found so frequently in other parts of the range. It + consists of the basin of which Pontarlier is the centre, through + notches in the rim of which routes converge from every direction; this + is the great characteristic of the middle region of the Jura. Hence + its immense strategical and commercial importance. On the north-east + roads run to Morteau and Le Locle, on the north-west to Besançon, on + the west to Salins, on the south-west to Dôle and Lons-le-Saunier, on + the east to the Swiss plain. The Pontarlier plateau is nearly + horizontal, the slight indentations in it being due to erosion, e.g. + by the river Drugeon. The keys to this important plateau are to the + east the Fort de Joux, under the walls of which meet the two lines of + railway from Neuchâtel, and to the west Salins, the meeting place of + the routes from the Col de la Faucille, from Besançon, and from the + French plain. + + The Ain rises on the south edge of this plateau, and on a lower shelf + or step, which it waters, are situated two points of great military + importance--Nozeroy and Champagnole. The latter is specially + important, since the road leading thence to Geneva traverses one after + another, not far from their head, the chief valleys which run down + into the South Jura, and thus commands the southern routes as well as + those by St Cergues and the Col de la Faucille from the Geneva region, + and a branch route along the Orbe river from Jougne. The fort of Les + Rousses, near the foot of the Dôle, serves as an advanced post to + Champagnole, just as the Fort de Joux does to Pontarlier. + + The above sketch will serve to show the character of the central Jura + as the meeting place of routes from all sides, and the importance to + France of its being strongly fortified, lest an enemy approaching from + the north-east should try to turn the fortresses of the "Trouée de + Belfort." It is in the western part of the central Jura that the north + and south lines first appear strongly marked. There are said to be in + this district no less than fifteen ridges running parallel to each + other, and it is these which force the Loue to the north, and thereby + occasion its very eccentric course. The cultivation of wormwood + wherewith to make the tonic "absinthe" has its headquarters at + Pontarlier. + + 3. The _southern division_ is by far the most complicated and + entangled part of the Jura. The lofty ridge which bounds it to the + east forces all its drainage to the west, and the result is a number + of valleys of erosion (of which that of the Ain is the chief + instance), quite distinct from the natural "cluses" or fissures of + those of the Doubs and of the Loue. Another point of interest is the + number of roads which intersect it, despite its extreme irregularity. + This is due to the great "cluses" of Nantua and Virieu, which traverse + it from east to west. The north and south line is very clearly seen in + the eastern part of this division; the north-east and south-west is + entirely wanting, but in the Villebois range south of Ambérieu we have + the principal example of the north-west to south-east line. The + plateaus west of the Ain are cut through by the valleys of the Valouse + and of the Surand, and like all the lowest terraces on the west slope + do not possess any considerable towns. The Ain receives three + tributaries from the east:-- + + (a) The Bienne, which flows from the fort of Les Rousses by St Claude, + the industrial centre of the south Jura, famous for the manufacture of + wooden toys, owing to the large quantity of boxwood in the + neighbourhood. Septmoncel is busied with cutting of gems, and Morez + with watch and spectacle making. Cut off to the east by the great + chain, the industrial prosperity of this valley is of recent origin. + + (b) The Oignin, which flows from south to north. It receives the + drainage of the lake of Nantua, a town noted for combs and silk + weaving, and which communicates by the "cluse" of the Lac de Silan + with the Valserine valley, and so with the Rhone at Bellegarde, and + again with the various routes which meet under the walls of the fort + of Les Rousses, while by the Val Romey and the Séran Culoz is easily + gained. + + (c) The Albarine, connected with Culoz by the "cluse" of Virieu, and + by the Furan flowing south with Belley, the capital of the district of + Bugey (the old name for the South Jura). + + The "cluses" of Nantua and Virieu are now both traversed by important + railways; and it is even truer than of old that the keys of the south + Jura are Lyons and Geneva. But of course the strategic importance of + these gorges is less than appears at first sight, because they can be + turned by following the Rhone in its great bend to the south. + +The range is mentioned by Caesar (_Bell. Gall._ i. 2-3, 6 (1), and 8 +(1)), Strabo (iv. 3, 4, and 6, 11), Pliny (iii. 31; iv. 105; xvi. 197) +and Ptolemy (ii. ix. 5), its name being a word which appears under many +forms (e.g. Joux, Jorat, Jorasse, Juriens), and is a synonym for a wood +or forest. The German name is Leberberg, _Leber_ being a provincial word +for a hill. + +Politically the Jura is French (departments of the Doubs, Jura and Ain) +and Swiss (parts of the cantons of Geneva, Vaud, Neuchâtel, Bern, +Soleure and Basel); but at its north extremity it takes in a small bit +of Alsace (Pfirt or Ferrette). In the middle ages the southern, western +and northern sides were parcelled out into a number of districts, all of +which were gradually absorbed by the French crown, viz., Gex, Val Romey, +Bresse and Bugey (exchanged in 1601 by Savoy for the marquisate of +Saluzzo), Franche-Comté, or the Free County of Burgundy, an imperial +fief till annexed in 1674, the county of Montbéliard (Mömpelgard) +acquired in 1793, and the county of Ferrette (French 1648-1871). The +northern part of the eastern side was held till 1792 (part till 1797) by +the bishop of Basel as a fief of the empire, and then belonged to France +till 1814, but was given to Bern in 1815 (as a recompense for its loss +of Vaud), and now forms the Bernese Jura, a French-speaking district. +The centre of the eastern slope formed the principality of Neuchâtel +(q.v.) and the county of Valangin, which were generally held by +Burgundian nobles, came by succession to the kings of Prussia in 1707, +and were formed into a Swiss canton in 1815, though they did not become +free from formal Prussian claims until 1857. The southern part of the +eastern slope originally belonged to the house of Savoy, but was +conquered bit by bit by Bern, which was forced in 1815 to accept its +subject district Vaud as a colleague and equal in the Swiss +Confederation. It was Charles the Bold's defeats at Grandson and Morat +which led to the annexation by the confederates of these portions of +Savoyard territory. + + AUTHORITIES.--E. F. Berlioux, _Le Jura_ (Paris, 1880); F. Machacek, + _Der Schweizer Jura_ (Gotha, 1905); A. Magnin, _Les lacs du Jura_ + (Paris, 1895); J. Zimmerli, "Die Sprachgrenze im Jura" (vol. i. of his + _Die Deutsch-französische Sprachgrenze in der Schweiz_ (Basel, 1891). + For the French slope see Joanne's large _Itinéraire_ to the Jura, and + the smaller volumes relating to the departments of the Ain, Doubs and + Jura, in his _Géographies départementales_. For the Swiss slope see 3 + vols. in the series of the _Guides Monod_ (Geneva); A. Monnier, _La + Chaux de Fonds et le Haut-Jura Neuchâtelois_; J. Monod, _Le Jura + Bernois_; and E. J. P. de la Harpe, _Le Jura Vaudois_. + (W. A. B. C.) + + + + +JURASSIC, in geology, the middle period of the Mesozoic era, that is to +say, succeeding the Triassic and preceding the Cretaceous periods. The +name Jurassic (French _jurassique_; German _Juraformation_ or _Jura_) +was first employed by A. Brongniart and A. von Humboldt for the rocks of +this age in the western Jura mountains of Switzerland, where they are +well developed. It was in England, however, that they were first studied +by William Smith, in whose hands they were made to lay the foundations +of stratigraphical geology. The names adopted by him for the +subdivisions he traced across the country have passed into universal +use, and though some of them are uncouth English provincial names, they +are as familiar to the geologists of France, Switzerland and Germany as +to those of England. During the following three decades Smith's work was +elaborated by W. D. Conybeare and W. Phillips. The Jurassic rocks of +fossils of the European continent were described by d'Orbigny, +1840-1846; by L. von Buch, 1839; by F. A. Quenstedt, 1843-1888; by A. +Oppel, 1856-1858; and since then by many other workers: E. Benecke, E. +Hébert, W. Waagen, and others. The study of Jurassic rocks has continued +to attract the attention of geologists, partly because the bedding is so +well defined and regular--the strata are little disturbed anywhere +outside the Swiss Jura and the Alps--and partly because the fossils are +numerous and usually well-preserved. The result has been that no other +system of rocks has been so carefully examined throughout its entire +thickness; many "zones" have been established by means of the +fossils--principally by ammonites--and these zones are not restricted to +limited districts, but many of them hold good over wide areas. Oppel +distinguished no fewer than thirty-three zonal horizons, and since then +many more sub-zonal divisions have been noted locally. + +The existence of _faunal regions_ in Jurassic times was first pointed +out by J. Marcou; later M. Neumayr greatly extended observations in this +direction. According to Neumayr, three distinct geographical regions of +deposit can be made out among the Jurassic rocks of Europe: (1) The +Mediterranean province, embracing the Pyrenees, Alps and Carpathians, +with all the tracts lying to the south. One of the biological characters +of this area was the great abundance of ammonites belonging to the +groups of _Heterophylli_ (_Phylloceras_) and _Fimbriati_ (_Lytoceras_). +(2) The central European province, comprising the tracts lying to the +north of the Alpine ridge, and marked by the comparative rarity of the +ammonites just mentioned, which are replaced by others of the groups +_Inflati_ (_Aspidoceras_) and _Oppelia_, and by abundant reefs and +masses of coral. (3) The boreal or Russian province, comprising the +middle and north of Russia, Spitzbergen and Greenland. The life in this +area was much less varied than in the others, showing that in Jurassic +times there was a perceptible diminution of temperature towards the +north. The ammonites of the more southern tracts here disappear, +together with the corals. + +[Illustration: Map of the probable distribution of Land & Sea in the +Jurassic Period.] + +The cause of these faunal regions Neumayr attributed to climatic +belts--such as exist to-day--and in part, at least, he was probably +correct. It should be borne in mind, however, that although Neumayr was +able to trace a broad, warm belt, some 60° in width, right round the +earth, with a narrower mild belt to the north and an arctic or boreal +belt beyond, and certain indications of a repetition of the climatic +zones on the southern side of the thermal equator, more recent +discoveries of fossils seem to show that other influences must have been +at work in determining their distribution; in short, the identity of the +Neumayrian climatic boundaries becomes increasingly obscured by the +advance of our knowledge. + +The Jurassic period was marked by a great extension of the sea, which +commenced after the close of the Trias and reached its maximum during +the Callovian and Oxfordian stages; consequently, the Middle Jurassic +rocks are much more widely spread than the Lias. In Europe and elsewhere +Triassic beds pass gradually up into the Jurassic, so that there is +difficulty sometimes in agreement as to the best line for the base of +the latter; similarly at the top of the system there is a passage from +the Jurassic to the Cretaceous rocks (Alps). + +Towards the close of the period elevation began in certain regions; +thus, in America, the Sierras, Cascade Mountains, Klamath Mountains, and +Humboldt Range probably began to emerge. In England the estuarine +Portlandian resulted partly from elevation, but in the Alps marine +conditions steadily persisted (in the Tithonian stage). There appears to +have been very little crustal disturbance or volcanic activity; tuffs +are known in Argentina and California; volcanic rocks of this age occur +also in Skye and Mull. + +The rocks of the Jurassic system present great petrological diversity. +In England the name "Oolites" was given to the middle and higher members +of the system on account of the prevalence of oolitic structure in the +limestones and ironstones; the same character is a common feature in the +rocks of northern Europe and elsewhere, but it must not be overlooked +that clays and sandstones together bulk more largely in the aggregate +than the oolites. The thickness of Jurassic rocks in England is 4000 to +5000 ft., and in Germany 2000 to 3000 ft. Most of the rocks represent +the deposits of shallow seas, but estuarine conditions and land deposits +occur as in the Purbeck beds of Dorset and the coals of Yorkshire. Coal +is a very important feature among Jurassic rocks, particularly in the +Liassic division; it is found in Hungary, where there are twenty-five +workable beds; in Persia, Turkestan, Caucasus, south Siberia, China, +Japan, Further India, New Zealand and in many of the Pacific Islands. + +Being shallow water formations, petrological changes come in rapidly as +many of the beds are traced out; sandstones pass laterally into clays, +and the latter into limestones, and so on, but a reliable guide to the +classification and correlation is found in the fossil contents of the +rocks. In the accompanying table a list is given of some of the zonal +fossils which regularly occur in the order indicated; other forms are +known that are equally useful. It will be noticed that while there is +general agreement as to the order in which the zonal forms occur, the +line of division between one formation and another is liable to vary +according to factors in the personal equation of the authors. + +The Jurassic formations stretch across England in a varying band from +the mouth of the Tees to the coast of Dorsetshire. They consist of +harder sandstones and limestones interstratified with softer clays and +shales. Hence they give rise to a characteristic type of scenery--the +more durable beds standing out as long ridges, sometimes even with low +cliffs, while the clays underlie the level spaces between. + + Jurassic rocks cover a vast area in Central Europe. They rise from + under the Cretaceous formations in the north-east of France, whence + they range southwards down the valleys of the Saône and Rhone to the + Mediterranean. They appear as a broken border round the old + crystalline nucleus of Auvergne. Eastwards they range through the Jura + Mountains up to the high grounds of Bohemia. They appear in the outer + chains of the Alps on both sides, and on the south they rise along the + centre of the Apennines, and here and there over the Spanish + Peninsula. Covered by more recent formations they underlie the great + plain of northern Germany, whence they range eastwards and occupy + large tracts in central and eastern Russia. + + Lower Jurassic rocks are absent from much of northern Russia, the + stages represented being the Callovian, Oxfordian and Volgian (of + Professor S. Nikitin); the fauna differs considerably from that of + western Europe, and the marine equivalents of the Purbeck beds are + found in this region. In south Russia, the Crimea and Caucasus, Lias + and Lower Jurassic rocks are present. In the Alps, the Lower Jurassic + rocks are intimately associated with the underlying Triassic + formations, and resemble them in consisting largely of reddish + limestones and marbles; the ammonites in this region differ in certain + respects from those of western and central Europe. The Oxfordian, + Callovian, Corallian and Astartian stages are also present. The Upper + Jurassic is mainly represented by a uniform series of limestones, with + a peculiar and characteristic fauna, to which Oppel gave the name + "Tithonian." This includes most of the horizons from Kimeridgian to + Cretaceous; it is developed on the southern flanks of the Alps, + Carpathians, Apennines, as well as in south France and other parts of + the Mediterranean basin. A characteristic formation on this horizon is + the "Diphya limestone," so-called from the fossil _Terebratula diphya_ + (_Pygope janitor_) seen in the well-known escarpments (_Hochgebirge + Kalk_). Above the Diphya limestone comes the Stramberg limestone + (Stramberg in Moravia), with "Aptychus" beds and coral reefs. The + rocks of the Mediterranean basin are on the whole more calcareous than + those of corresponding age in north-west Europe; thus the Lias is + represented by 1500 ft. of white crystalline limestone in Calabria and + a similar rock occurs in Sicily, Bosnia, Epirus, Corfu; in Spain the + Liassic strata are frequently dolomitic; in the Apennines they are + variegated limestones and marls. The Higher Jurassic beds of Portugal + show traces of the proximity of land in the abundant plant remains + that are found in them. In Scania the Lias succeeds the Rhaetic beds + in a regular manner, and Jurassic rocks have been traced northward + well within the polar circle; they are known in the Lofoten Isles, + Spitzbergen, east Greenland, King Charles's Island, Cape Stewart in + Scoresby Sound, Grinnell Land, Prince Patrick Land, Bathurst and + Exmouth Island; in many cases the fossils denote a climate + considerably milder than now obtains in these latitudes. + + In the American continent Jurassic rocks are not well developed. + Marine Lower and Middle Jurassic beds occur on the Pacific coast + (California and Oregon), and in Wyoming, the Dakotas, Colorado, east + Mexico and Texas. Above the marine beds in the interior are brackish + and fresh-water deposits, the Morrison and Como beds (Atlantosaurus + and Baptanodon beds of Marsh). Later Jurassic rocks are found in + northern British Columbia and perhaps in Alaska, Wyoming, Utah, + Montana, Colorado, the Dakotas, &c. In California some of the + gold-bearing, metamorphic slates are of this age. Marine Jurassic + rocks have not been clearly identified on the Atlantic side of + America. The Patuxent and Arundel formations (non-marine) are + doubtfully referred to this period. Lower and Middle Jurassic + formations occur in Argentina and Bolivia. Jurassic rocks have been + recognized in Asia, including India, Afghanistan, Persia, Kurdistan, + Asia Minor, the Caspian region, Japan and Borneo. The best marine + development is in Cutch, where the following groups are distinguished + from above downwards: the Umia series = Portlandian and Tithonian of + south Europe, passing upwards into the Neocomian; the Katrol series = + Oxfordian (part) and Kimeridgian; the Chari series = Callovian and + part of the Oxfordian; the Patcham series = Bathonian. In the western + half of the Salt Range and the Himalayas, Spiti shales are the + equivalents of the European Callovian and Kimeridgian. The upper part + of the Gondwana series is not improbably Jurassic. On the African + continent, Liassic strata are found in Algeria, and Bathonian + formations occur in Abyssinia, Somaliland, Cape Colony and western + Madagascar. In Australia the Permo-Carboniferous formations are + succeeded in Queensland and Western Australia by what may be termed + the Jura-Trias, which include the coal-bearing "Ipswich" and "Burrum" + formations of Queensland. In New Zealand there is a thick series of + marine beds with terrestrial plants, the Mataura series in the upper + part of Hutton's Hokanui system. Sir J. Hector included also the + Putakaka series (as Middle Jurassic) and the Flag series with the + Catlin's River and Bastion series below. Jurassic rocks have been + recorded from New Guinea and New Caledonia. + + + JURASSIC SYSTEM + + +---------------------+----------------+---+---------+------+---------------------------+----------------------------------------+ + | | | O | Sub- | | | | + | | | p | stages | Von | A. de Lapparent, | | + | Stages[1] | Ammonite Zones | p | of | Buch | _Traité_, 5th ed. | Alpine | + | | | e | Quen- | | | | + | | | l | stedt | | | | + +---+---+-------------+----------------+---+---------+------+------------+----------+---+----------------------------------------+ + | | U | | Perisphinctes | | | | Purbeckien | | | \ | + | | p | Purbeckian | transitorius | | | U | or | | | | | + | | p | | | | | p | Aquilonien | | | | | + | | e +-------------+ | | | p +------------+ Port- | | | | + | | r | | Perisphinctes | | | e | | landien | N | | | + | | | Portlandian | giganteus | | [zeta] | r | Bononien | | é | | _Diphya_-Kalke | + | | O | | Olcostephanus | | | | | | o | | | + | | o | | gigas | | | o | | | j | | Ammonitico | + | | l +-------------+ | | | r +------------+----------+ u | | rosso of \ _Acanthicus_ | + | | i | | Reineckia | |[epsilon]| | Virgulien | | r | > Tithonien, | Beds | + | | t | Kimeridgian | eudoxus | | [delta] | W | | Kimerid- | a | | southern | | + | | e | | Oppelia | | [gamma] | h +------------+ gien | s | | Alps | | + | | s | | tenuilobata | M | | i | Pteroceran | | s | | | | + | +---+-------------+ | a | | t +------------+----------+ i | | | | + | | M | Corallian | Peltoceras | l | [beta] | e | Astartien | Sequa- | q | | | | + | | i | | bimammatum | m | | | Rauracien | nien | u | | | | + | | d +-------------+ | | | J +------------+----------+ e | | | | + | | d | | Peltoceras | | | u | Argovien | | | | | | + | | l | Oxfordian | transversarium| | [alpha] | r +------------+ Oxfor- | | / | Aptychen- | + | O | e | | Aspidoceras | | | a | Neuvizien | dien | | > Kalke and | + | O | | | perarmatum | | | | | | | | Radiolariengesteine | + | L | O +-------------+ | | +------+------------+----------+ | | | + | I | o | | Peltoceras | | | | | | | | | + | T | l | | athleta | | [zeta] | | Upper | | | | | + | E | i | Callovian | Cosmoceras | | | | Divesien | Callovien| | | | + | S | t | | Jason | | | M | Lower | | | | | + | | e | | Macrocephalites| | | i | Divesien | | | | | + | | s | | macrocephalus | | | d | | | | | | + | +---+-------------+ +---+ | d +------------+----------+ | | Posidonien Beds| + | | | | Oppelia | |[epsilon]| l | | | | (S. Alps) | + | | L | Bathonian | aspidoides | | | e | Bathonien | | | Klauss Beds | + | | o | | Parkinsonia | | | | | | | (N. Alps) | + | | w | | ferruginea | | | o | | | / | + | | e +-------------+ | | | r +------------+ | | + | | r | | Parkinsonia | | | | | M | | + | | | | Parkinsoni | D | | B | | é | | + | | O | | Coeloceras | o | | r | | s | _Sauzei_-Kalke | + | | o | Bajocian | Humphresianus | g | | o | | o | | + | | l | (Inferior | Sphæroceras | g | | w | Bajocien | j | | + | | i | Oolite) | Sauzei | e | | n | | u | | + | | t | | Sonninia | r | [delta] | | | r | | + | | e | | Sowerbyi | | [gamma] | J | | a | | + | | s | | Harpoceras | | [beta] | u | | s | | + | | | | Murchisonae | | | r | | s | Oolite of San | + +---+---+-------------+----------------+ | | a +------------+ | i | Vigilio | + | | | Harpoceras | | [alpha] | | | | q | | + | | (_passage beds_)| (Lioceras) | | | | | | u | | + | | | opalinum | | | | | | e | | + +---+-----------------+----------------+---+---------+------+ | | | | + | | | Lytoceras | | [zeta] | | | | | | + | | Upper Lias | jurense | | | | | | | | + | | | Posidonia | |[epsilon]| | Toarcien | | | | + | | | Bronni | | | | | | | | + | +-----------------+ | | | +------------+ | | \ | + | | | Amaltheus | | [beta] | | | | | \ | | + | | | spinatus | | | | | | | | | | + | | | Amaltheus | | | L | | | | | | | + | | | margaritatus | | | o | | | | | | | + | | Middle Lias | Dactylioceras | | | w | Charmou- | | | | | | + | | | Davoëi | | | e | thien | | | | Adne- | \ | + | | | Phylloceras | | [gamma] | r | | | | > ter | | | + | | | ibex | L | | | | | É | | Kalke| | | + | | | Aegoceras | i | | o | | | o | | | | \ | + | | | Jamesoni | a | | r | | | j | | | Brachio- | Algäu | | + | L +-----------------+ | s | | +------------+ | u | | > pod or > Beds | | + | I | | Arietites | | [beta] | B | | S | r | \ | | Hierlatz| | | + | A | | raricostatus | | | l | | y | a | | / | facies | | | + | S | | Oxynoticeras | | | a | | s | s | | | | | Flec- | + | | | oxynotum | | | c | | t | s | | | / > ken- | + | | | Arietites | | | k | | è | i | | | | mergel| + | | Lower Lias | obtusus | | | | | m | q | | | | | + | | | Arietites | | | J | | e | u | | | | | + | | | Bucklandi | | | u | | | e | | Gres- | | | + | | | Schlotheimia | | | r | | L | | > tener | | | + | | | angulata | | | a | Sine- | i | | | Beds | | | + | | | Psiloceras | | [alpha] | | mourien | a | | | (Coal) | / | + | | | planorbis | | | | Hettangien | s | | | | | + | +-----------------+----------------+---+---------+ | (part) | s | | | / | + | | | | | | | Hettangien | i | | | | + | | | | | | | (part) | q | | | | + | | | | | | | Rhétien | u | | | | + | | | | | | | |Infra- e | | | | + | | | | | | | |Lias | | / | + +---+-----------------+----------------+---+---------+------+------------+----------+---+----------------------------------------+ + + _Life in the Jurassic Period._--The expansion of the sea during this + period, with the formation of broad sheets of shallow and probably + warmish water, appears to have been favourable to many forms of marine + life. Under these conditions several groups of organisms developed + rapidly along new directions, so that the Jurassic period as a whole + came to have a fauna differing clearly and distinctly from the + preceding Palaeozoic or succeeding Tertiary faunas. In the seas, all + the main groups were represented as they are to-day. Corals were + abundant, and in later portions of the period covered large areas in + Europe; the modern type of coral became dominant; besides + reef-building forms such as _Thamnastrea_, _Isastrea_, _Thecosmilia_, + there were numerous single forms like _Montivaltia_. Crinoids existed + in great numbers in some of the shallow seas; compared with Palaeozoic + forms there is a marked reduction in the size of the calyx with a + great extension in the number of arms and pinnules; _Pentacrinus_, + _Eugeniacrinus_, _Apiocrinus_ are all well known; Antedon was a + stalkless genus. Echinoids (urchins) were gradually developing the + so-called "irregular" type, _Echinobrissus_, _Holectypus_, + _Collyrites_, _Clypeus_, but the "regular" forms prevailed, _Cidaris_, + _Hemicidaris_, _Acrosalenia_. Sponges were important rock-builders in + Upper Jurassic times (_Spongiten Kalk_); they include lithistids such + as _Cnemediastrum_, _Hyalotragus_, _Peronidella_; hexactinellids, + _Tremadictyon_, _Craticularia_; and horny sponges have been found in + the Lias and Middle Jurassic. + + Polyzoa are found abundantly in some of the beds, _Stomatopora_, + _Berenicia_, &c. Brachiopods were represented principally by + terebratulids (_Terebratula_, _Waldheimia_, _Megerlea_), and by + rhynchonellids; _Thecae_, _Lingula_ and _Crania_ were also present. + The Palaeozoic spirifirids and athyrids still lingered into the Lias. + More important than the brachiopods were the pelecypods; _Ostrea_, + _Exogyra_, _Gryphaea_ were very abundant (Gryphite limestone, Gryphite + grit); the genus _Trigonia_, now restricted to Australian waters, was + present in great variety; _Aucella_, _Lima_, _Pecten_, _Pseudomonotis_ + _Gervillia_, _Astarte_, _Diceras_, _Isocardia_, _Pleuromya_ may be + mentioned out of many others. Amongst the gasteropods the + _Pleurotomariidae_ and _Turbinidae_ reached their maximum development; + the Palaeozoic _Conularia_ lived to see the beginning of this period + (_Pleurotomaria_, _Nerinea_, _Pteroceras_, _Cerithium_, _Turritella_). + + Cephalopods flourished everywhere; first in importance were the + ammonites; the Triassic genera _Phylloceras_ and _Lytoceras_ were + still found in the Jurassic waters, but all the other numerous genera + were new, and their shells are found with every variation of size and + ornamentation. Some are characteristic of the older Jurassic rocks, + _Arietites_, _Aegoceras_, _Amaltheus_, _Harpoceras_, _Oxynoticeras_, + _Stepheoceras_, and the two genera mentioned above; in the middle + stages are found _Cosmoceras_, _Perisphinctes_, _Cardioceras_, + _Kepplerites Aspidoceras_; in the upper stages _Olcostephanus_, + _Perisphinctes_, _Reineckia_, _Oppelia_. So regularly do certain forms + characterize definite horizons in the rocks that some thirty zones + have been distinguished in Europe, and many of them can be traced even + as far as India. Another cephalopod group, the belemnites, that had + been dimly outlined in the preceding Trias, now advanced rapidly in + numbers and in variety of form, and they, like the ammonites, have + proved of great value as zone-indicators. The Sepioids or cuttlefish + made their first appearance in this period (_Beloteuthis_, + _Geoteuthis_,) and their ink-bags can still be traced in examples from + the Lias and lithographic limestone. Nautiloids existed but they were + somewhat rare. + + A great change had come over the crustaceans; in place of the + Palaeozoic trilobites we find long-tailed lobster-like forms, + _Penaeus_, _Eryon_, _Magila_, and the broad crab-like type first + appeared in _Prosopon_. Isopods were represented by _Archaeoniscus_ + and others. Insects have left fairly abundant remains in the Lias of + England, Schambelen (Switzerland) and Dobbertin (Mecklenburg), and + also in the English Purbeck. Neuropterous forms predominate, but + hemiptera occur from the Lias upwards; the earliest known flies + (Diptera) and ants (Hymenoptera) appeared; orthoptera, cockroaches, + crickets, beetles, &c., are found in the Lias, Stonesfield slate and + Purbeck beds. + + Fishes were approaching the modern forms during this period, + heterocercal ganoids becoming scarce (the _Coelacanthidae_ reached + their maximum development), while the homocercal forms were abundant + (_Gyrodus_, _Microdon_, _Lepidosteus_, _Lepidotus_, _Dapedius_). The + Chimaeridae, sea-cats, made their appearance (_Squaloraja_). The + ancestors of the modern sturgeons, garpikes and selachians, _Hybodus_, + _Acrodus_ were numerous. Bony-fish were represented by the small + _Leptolepis_. + + So important a place was occupied by reptiles during this period that + it has been well described as the "age of reptiles." In the seas the + fish-shaped Ichthyosaurs and long-necked Plesiosaurs dwelt in great + numbers and reached their maximum development; the latter ranged in + size from 6 to 40 ft. in length. The Pterosaurs, with bat-like wings + and pneumatic bones and keeled breast-bone, flew over the land; + _Pterodactyl_ with short tail and _Rhamphorhyncus_ with long tail are + the best known. Curiously modified crocodilians appeared late in the + period (_Mystriosaurus_, _Geosaurus_, _Steneosaurus_, _Teleosaurus_). + But even more striking than any of the above were the Dinosaurs; these + ranged in size from a creature no larger than a rabbit up to the + gigantic _Atlantosaurus_, 100 ft. long, in the Jurassic of Wyoming. + Both herbivorous and carnivorous forms were present; _Brontosaurus_, + _Megalosaurus_, _Stegosaurus_, _Cetiosaurus_, _Diplodocus_, + _Ceratosaurus_ and _Campsognathus_ are a few of the genera. By + comparison with the Dinosaurs the mammals took a very subordinate + position in Jurassic times; only a few jaws have been found, belonging + to quite small creatures; they appear to have been marsupials and were + probably insectivorous (_Plagiaulax Bolodon_, _Triconodon_, + _Phascolotherium_, _Stylacodon_). Of great interest are the remains of + the earliest known bird (_Archaeopteryx_) from the Solenhofen slates + of Bavaria. Although this was a great advance beyond the Pterodactyls + in avian characters, yet many reptilian features were retained. + + Comparatively little change took place in the vegetation in the time + that elapsed between the close of the Triassic and the middle of the + Jurassic periods. Cycads, _Zamites_, _Podozamites_, &c., appeared to + reach their maximum; Equisetums were still found growing to a great + size and Ginkgos occupied a prominent place; ferns were common; so too + were pines, yews, cypresses and other conifers, which while they + outwardly resembled their modern representatives, were quite distinct + in species. No flowering plants had yet appeared, although a primitive + form of angiosperm has been reported from the Upper Jurassic of + Portugal. + + The economic products of the Jurassic system are of considerable + importance; the valuable coals have already been noticed; the + well-known iron ores of the Cleveland district in Yorkshire and those + of the Northampton sands occur respectively in the Lias and Inferior + Oolites. Oil shales are found in Germany, and several of the Jurassic + formations in England contain some petroleum. Building stones of great + value are obtained from the Great Oolite, the Portlandian and the + Inferior Oolite; large quantities of hydraulic cement and lime have + been made from the Lias. The celebrated lithographic stone of + Solenhofen in Bavaria belongs to the upper portion of this system. + + See D'Orbigny, _Paléontologie française_, _Terrain Jurassique_ (1840, + 1846); L. von Buch, "Über den Jura in Deutschland" (_Abhand. d. Berlin + Akad._, 1839); F. A. Quenstedt, _Flötzgebirge Württembergs_ (1843) and + other papers, also _Der Jura_ (1883-1888); A. Oppel, _Die + Juraformation Englands, Frankreichs und s.w. Deutschlands_ + (1856-1858). For a good general account of the formations with many + references to original papers, see A. de Lapparent, _Traité de + géologie_, vol. ii. 5th ed. (1906). The standard work for Great + Britain is the series of _Memoirs of the Geological Survey_ entitled + _The Jurassic Rocks of Britain_, i and ii. "Yorkshire" (1892); iii. + "The Lias of England and Wales" (1893); iv. "The Lower Oolite Rocks of + England (Yorkshire excepted)" (1894); v. "The Middle and Upper Oolitic + Rocks of England (Yorkshire excepted)" (1895). The map is after that + of M. Neumayr, "Die geographische Verbreitung der Juraformation," + _Denkschr. d. k. Akad. d. Wiss., Wien, Math. u. Naturwiss._, cl. L., + _Abth._ i, _Karte_ 1. (1885). (J. A. H.) + + +FOOTNOTE: + + [1] _Purbeckian_ from the "Isle" of Purbeck. _Aquilonien_ from Aquilo + (Nord). _Bononien_ from Bononia (Boulogne). _Virgulien_ from _Exogyra + virgula_. _Pteroceran_ from _Pteroceras oceani_. _Astartien_ from + _Astarte supracorollina_. _Rauracien_ from Rauracia (Jura). + _Argovien_ from Argovie (Switzerland). _Neuvizien_ from Neuvizy + (Ardennes). _Divesien_ from Dives (Calvados). _Bathonien_ from Bath + (England). _Bajocien_ from Bayeux (Calvados). _Toarcien_ from + Toarcium (Tours). _Charmouthien_ from Charmouth (England). + _Sinemourien_ from Sinemurum, Semur (Côte d'Or). _Hettangien_ from + Hettange (Lorraine). + + + + +JURAT (through Fr. from med. Lat. _juratus_, one sworn, Lat. _jurare_, +to swear), a name given to the sworn holders of certain offices. Under +the _ancien régime_ in France, in several towns, of the south-west, such +as Rochelle and Bordeaux, the _jurats_ were members of the municipal +body. The title was also borne by officials, corresponding to aldermen, +in the Cinque Ports, but is now chiefly used as a title of office in the +Channel Islands. There are two bodies, consisting each of twelve jurats, +for Jersey and the bailiwick of Guernsey respectively. They are elected +for life, in Jersey by the ratepayers, in Guernsey by the elective +states. They form, with the bailiff as presiding judge, the royal court +of justice, and are a constituent part of the legislative bodies. In +English law, the word jurat (_juratum_) is applied to that part of an +affidavit which contains the names of the parties swearing the affidavit +and the person before whom it was sworn, the date, place and other +necessary particulars. + + + + +JURIEN DE LA GRAVIÈRE, JEAN BAPTISTE EDMOND (1812-1892), French admiral, +son of Admiral Jurien, who served through the Revolutionary and +Napoleonic wars and was a peer of France under Louis Philippe, was born +on the 19th of November 1812. He entered the navy in 1828, was made a +commander in 1841, and captain in 1850. During the Russian War he +commanded a ship in the Black Sea. He was promoted to be rear-admiral on +the 1st of December 1855, and appointed to the command of a squadron in +the Adriatic in 1859, when he absolutely sealed the Austrian ports with +a close blockade. In October 1861 he was appointed to command the +squadron in the Gulf of Mexico, and two months later the expedition +against Mexico. On the 15th of January 1862 he was promoted to be +vice-admiral. During the Franco-German War of 1870 he had command of the +French Mediterranean fleet, and in 1871 he was appointed "director of +charts." As having commanded in chief before the enemy, the age-limit +was waived in his favour, and he was continued on the active list. +Jurien died on the 4th of March 1892. He was a voluminous author of +works on naval history and biography, most of which first appeared in +the _Revue des deux mondes_. Among the most noteworthy of these are +_Guerres maritimes sous la république et l'empire_, which was translated +by Lord Dunsany under the title of _Sketches of the Last Naval War_ +(1848); _Souvenirs d'un amiral_ (1860), that is, of his father, Admiral +Jurien; _La Marine d'autrefois_ (1865), largely autobiographical; and +_La Marine d'aujourd'hui_ (1872). In 1866 he was elected a member of the +Academy. + + + + +JURIEU, PIERRE (1637-1713), French Protestant divine, was born at Mer, +in Orléanais, where his father was a Protestant pastor. He studied at +Saumur and Sedan under his grandfather, Pierre Dumoulin, and under +Leblanc de Beaulieu. After completing his studies in Holland and +England, Jurieu received Anglican ordination; returning to France he was +ordained again and succeeded his father as pastor of the church at Mer. +Soon after this he published his first work, _Examen de livre de la +réunion du Christianisme_ (1671). In 1674 his _Traité de la dévotion_ +led to his appointment as professor of theology and Hebrew at Sedan, +where he soon became also pastor. A year later he published his +_Apologie pour la morale des Réformés_. He obtained a high reputation, +but his work was impaired by his controversial temper, which frequently +developed into an irritated fanaticism, though he was always entirely +sincere. He was called by his adversaries "the Goliath of the +Protestants." On the suppression of the academy of Sedan in 1681, Jurieu +received an invitation to a church at Rouen, but, afraid to remain in +France on account of his forthcoming work, _La Politique du clergé de +France_, he went to Holland and was pastor of the Walloon church of +Rotterdam till his death on the 11th of January 1713. He was also +professor at the école illustre. Jurieu did much to help those who +suffered by the revocation of the Edict of Nantes (1685). He himself +turned for consolation to the Apocalypse, and succeeded in persuading +himself (_Accomplissement des prophéties_, 1686) that the overthrow of +Antichrist (i.e. the papal church) would take place in 1689. H. M. Baird +says that "this persuasion, however fanciful the grounds on which it was +based, exercised no small influence in forwarding the success of the +designs of William of Orange in the invasion of England." Jurieu +defended the doctrines of Protestantism with great ability against the +attacks of Antoine Arnauld, Pierre Nicole and Bossuet, but was equally +ready to enter into dispute with his fellow Protestant divines (with +Louis Du Moulin and Claude Payon, for instance) when their opinions +differed from his own even on minor matters. The bitterness and +persistency of his attacks on his colleague Pierre Bayle led to the +latter being deprived of his chair in 1693. + + One of Jurieu's chief works is _Lettres pastorales adressées aux + fidèles de France_ (3 vols., Rotterdam, 1686-1687; Eng. trans., 1689), + which, notwithstanding the vigilance of the police, found its way into + France and produced a deep impression on the Protestant population. + His last important work was the _Histoire critique des dogmes et des + cultes_ (1704; Eng. trans., 1715). He wrote a great number of + controversial works. + + See the article in Herzog-Hauck, _Realencyklopädie_; also H. M. Baird, + _The Huguenots and the Revocation of the Edict of Nantes_ (1895). + + + + +JURIS, a tribe of South American Indians, formerly occupying the country +between the rivers Iça (lower Putumayo) and Japura, north-western +Brazil. In ancient days they were the most powerful tribe of the +district, but in 1820 their numbers did not exceed 2000. Owing to +inter-marrying, the Juris are believed to have been extinct for half a +century. They were closely related to the Passes, and were like them a +fair-skinned, finely built people with quite European features. + + + + +JURISDICTION, in general, the exercise of lawful authority, especially +by a court or a judge; and so the extent or limits within which such +authority is exercisable. Thus each court has its appropriate +jurisdiction; in the High Court of Justice in England administration +actions are brought in the chancery division, salvage actions in the +admiralty, &c. The jurisdiction of a particular court is often limited +by statute, as that of a county court, which is local and is also +limited in amount. In international law jurisdiction has a wider +meaning, namely, the rights exercisable by a state within the bounds of +a given space. This is frequently referred to as the territorial theory +of jurisdiction. (See INTERNATIONAL LAW; INTERNATIONAL LAW, PRIVATE.) + + + + +JURISPRUDENCE (Lat. _jurisprudentia_, knowledge of law, from _jus_, +right, and _prudentia_, from _providere_, to foresee), the general term +for "the formal science of positive law" (T. E. Holland); see LAW. The +essential principles involved are discussed below and in JURISPRUDENCE, +COMPARATIVE; the details of particular laws or sorts of law (CONTRACT, +&c.) and of individual national systems of law (ENGLISH LAW, &c.) being +dealt with in separate articles. + +The human race may be conceived as parcelled out into a number of +distinct groups or societies, differing greatly in size and +circumstances, in physical and moral characteristics of all kinds. But +they all resemble each other in that they reveal on examination certain +rules of conduct in accordance with which the relations of the members +_inter se_ are governed. Each society has its own system of laws, and +all the systems, so far as they are known, constitute the appropriate +subject matter of jurisprudence. The jurist may deal with it in the +following ways. He may first of all examine the leading conceptions +common to all the systems, or in other words define the leading terms +common to them all. Such are the terms _law_ itself, _right_, _duty_, +_property_, _crime_, and so forth, which, or their equivalents, may, +notwithstanding delicate differences of connotation, be regarded as +common terms in all systems. That kind of inquiry is known in England as +analytical jurisprudence. It regards the conceptions with which it deals +as fixed or stationary, and aims at expressing them distinctly and +exhibiting their logical relations with each other. What is really meant +by a right and by a duty, and what is the true connexion between a right +and a duty, are types of the questions proper to this inquiry. Shifting +our point of view, but still regarding systems of law in the mass, we +may consider them, not as stationary, but as changeable and changing, we +may ask what general features are exhibited by the record of the change. +This, somewhat crudely put, may serve to indicate the field of +historical or comparative jurisprudence. In its ideal condition it would +require an accurate record of the history of all legal systems as its +material. But whether the material be abundant or scanty the method is +the same. It seeks the explanation of institutions and legal principles +in the facts of history. Its aim is to show how a given rule came to be +what it is. The legislative source--the emanation of the rule from a +sovereign authority--is of no importance here; what is important is the +moral source--the connexion of the rule with the ideas prevalent during +contemporary periods. This method, it is evident, involves not only a +comparison of successive stages in the history of the same system, but a +comparison of different systems, of the Roman with the English, of the +Hindu with the Irish, and so on. The historical method as applied to law +may be regarded as a special example of the method of comparison. The +comparative method is really employed in all generalizations about law; +for, although the analysis of legal terms might be conducted with +exclusive reference to one system, the advantage of testing the result +by reference to other systems is obvious. But, besides the use of +comparison for purposes of analysis and in tracing the phenomena of the +growth of laws, it is evident that for the purposes of practical +legislation the comparison of different systems may yield important +results. Laws are contrivances for bringing about certain definite ends, +the larger of which are identical in all systems. The comparison of +these contrivances not only serves to bring their real object, often +obscured as it is in details, into clearer view, but enables legislators +to see where the contrivances are deficient, and how they may be +improved. + +The "science of law," as the expression is generally used, means the +examination of laws in general in one or other of the ways just +indicated. It means an investigation of laws which exist or have existed +in some given society in fact--in other words, positive laws; and it +means an examination not limited to the exposition of particular +systems. Analytical jurisprudence is in England associated chiefly with +the name of John Austin (q.v.), whose _Province of Jurisprudence +Determined_ systematized and completed the work begun in England by +Hobbes, and continued at a later date and from a different point of view +by Bentham. + +Austin's first position is to distinguish between laws properly so +called and laws improperly so called. In any of the older writers on +law, we find the various senses in which the word is used grouped +together as variations of one common meaning. Thus Blackstone advances +to his proper subject, municipal laws, through (1) the laws of inanimate +matter, (2) the laws of animal nutrition, digestion, &c., (3) the laws +of nature, which are rules imposed by God on men and discoverable by +reason alone, and (4) the revealed or divine law which is part of the +law of nature directly expounded by God. All of these are connected by +this common element that they are "rules of action dictated by some +superior being." And some such generalization as this is to be found at +the basis of most treatises on jurisprudence which have not been +composed under the influence of the analytical school. Austin disposes +of it by the distinction that some of those laws are commands, while +others are not commands. The so-called laws of nature are not commands; +they are uniformities which resemble commands only in so far as they may +be supposed to have been ordered by some intelligent being. But they are +not commands in the only proper sense of that word--they are not +addressed to reasonable beings, who may or may not will obedience to +them. Laws of nature are not addressed to anybody, and there is no +possible question of obedience or disobedience to them. Austin +accordingly pronounces them laws improperly so called, and confines his +attention to laws properly so called, which are commands addressed by a +human superior to a human inferior. + +This distinction seems so simple and obvious that the energy and even +bitterness with which Austin insists upon it now seem superfluous. But +the indiscriminate identification of everything to which common speech +gives the name of a law was, and still is, a fruitful source of +confusion. Blackstone's statement that when God "put matter into motion +He established certain laws of motion, to which all movable matter must +conform," and that in those creatures that have neither the power to +think nor to will such laws must be invariably obeyed, so long as the +creature itself subsists, for its existence depends on that obedience, +imputes to the law of gravitation in respect of both its origin and its +execution the qualities of an act of parliament. On the other hand the +qualities of the law of gravitation are imputed to certain legal +principles which, under the name of the law of nature, are asserted to +be binding all over the globe, so that "no human laws are of any +validity if contrary to this." Austin never fails to stigmatize the use +of "natural laws" in the sense of scientific facts as improper, or as +metaphorical. + +Having eliminated metaphorical or figurative laws, we restrict ourselves +to those laws which are commands. This word is the key to the analysis +of law, and accordingly a large portion of Austin's work is occupied +with the determination of its meaning. A _command_ is an order issued by +a superior to an inferior. It is a signification of desire distinguished +by this peculiarity that "the party to whom it is directed is liable to +evil from the other, in case he comply not with the desire." "If you are +able and willing to harm me in case I comply not with your wish, the +expression of your wish amounts to a command." Being liable to evil in +case I comply not with the wish which you signify, I am _bound_ or +obliged by it, or I lie under a _duty_ to obey it. The evil is called a +_sanction_, and the command or duty is said to be _sanctioned_ by the +chance of incurring the evil. The three terms _command_, _duty_ and +_sanction_ are thus inseparably connected. As Austin expresses it in the +language of formal logic, "each of the three terms signifies the same +notion, but each _denotes_ a different part of that notion and +_connotes_ the residue." + +All commands, however, are not laws. That term is reserved for those +commands which oblige generally to the performance of acts of a class. A +command to your servant to rise at such an hour on such a morning is a +particular command, but not a law or rule; a command to rise always at +that hour is a law or rule. Of this distinction it is sufficient to say +in the meantime that it involves, when we come to deal with positive +laws, the rejection of particular enactments to which by inveterate +usage the term law would certainly be applied. On the other hand it is +not, according to Austin, necessary that a true law should bind persons +as a class. Obligations imposed on the grantee of an office specially +created by parliament would imply a law; a general order to go into +mourning addressed to the whole nation for a particular occasion would +not be a law. + +So far we have arrived at a definition of laws properly so called. +Austin holds superiority and inferiority to be necessarily implied in +command, and such statements as that "laws emanate from superiors" to be +the merest tautology and trifling. Elsewhere he sums up the +characteristics of true laws as ascertained by the analysis thus: (1) +laws, being commands, emanate from a determinate source; (2) every +sanction is an evil annexed to a command; and (3) every duty implies a +command, and chiefly means obnoxiousness to the evils annexed to +commands. + +Of true laws, those only are the subject of jurisprudence which are laws +strictly so called, or positive laws. Austin accordingly proceeds to +distinguish positive from other true laws, which are either laws set by +God to men or laws set by men to men, not, however, as political +superiors nor in pursuance of a legal right. The discussion of the first +of these true but not positive laws leads Austin to his celebrated +discussion of the utilitarian theory. The laws set by God are either +revealed or unrevealed, i.e. either expressed in direct command, or made +known to men in one or other of the ways denoted by such phrases as the +"light of nature," "natural reason," "dictates of nature," and so forth. +Austin maintains that the principle of general utility, based ultimately +on the assumed benevolence of God, is the true index to such of His +commands as He has not chosen to reveal. Austin's exposition of the +meaning of the principle is a most valuable contribution to moral +science, though he rests its claims ultimately on a basis which many of +its supporters would disavow. And the whole discussion is now generally +condemned as lying outside the proper scope of the treatise, although +the reason for so condemning it is not always correctly stated. It is +found in such assumptions of fact as that there is a God, that He has +issued commands to men in what Austin calls the "truths of revelation," +that He designs the happiness of all His creatures, that there is a +predominance of good in the order of the world--which do not now command +universal assent. It is impossible to place these propositions on the +same scientific footing as the assumptions of fact with reference to +human society on which jurisprudence rests. If the "divine laws" were +facts like acts of parliament, it is conceived that the discussion of +their characteristics would not be out of place in a scheme of +jurisprudence. + +The second set of laws properly so called, which are not positive laws, +consists of three classes: (1) those which are set by men living in a +state of nature; (2) those which are set by sovereigns but not as +political superiors, e.g. when one sovereign commands another to act +according to a principle of international law; and (3) those set by +subjects but not in pursuance of legal rights. This group, to which +Austin gives the name of positive morality, helps to explain his +conception of positive law. Men are living in a state of nature, or a +state of anarchy, when they are not living in a state of government or +as members of a political society. "Political society" thus becomes the +central fact of the theory, and some of the objections that have been +urged against it arise from its being applied to conditions of life in +which Austin would not have admitted the existence of a political +society. Again, the third set in the group is intimately connected with +positive laws on the one hand and rules of positive morality which are +not even laws properly so called on the other. Thus laws set by subjects +in consequence of a legal right are clothed with legal sanctions, and +are laws positive. A law set by guardian to ward, in pursuance of a +right which the guardian is bound to exercise, is a positive law pure +and simple; a law set by master to slave, in pursuance of a legal right, +which he is not bound to exercise, is, in Austin's phraseology, to be +regarded both as a positive moral rule and as a positive law.[1] On the +other hand the rules set by a club or society, and enforced upon its +members by exclusion from the society, but not in pursuance of any legal +right, are laws, but not positive laws. They are imperative and proceed +from a determinate source, but they have no legal or political +sanction. Closely connected with this positive morality, consisting of +true but not positive laws, is the positive morality whose rules are not +laws properly so called at all, though they are generally denominated +laws. Such are the laws of honour, the laws of fashion, and, most +important of all, international law. + +Nowhere does Austin's phraseology come more bluntly into conflict with +common usage than in pronouncing the law of nations (which in substance +is a compact body of well-defined rules resembling nothing so much as +the ordinary rules of law) to be not laws at all, even in the wider +sense of the term. That the rules of a private club should be law +properly so called, while the whole mass of international jurisprudence +is mere opinion, shocks our sense of the proprieties of expression. Yet +no man was more careful than Austin to observe these properties. He +recognizes fully the futility of definitions which involve a painful +struggle with the current of ordinary speech. But in the present +instance the apparent paralogism cannot be avoided if we accept the +limitation of laws properly so called to commands proceeding from a +determinate source. And that limitation is so generally present in our +conception of law that to ignore it would be a worse anomaly than this. +No one finds fault with the statement that the so-called code of honour +or the dictates of fashion are not, properly speaking, laws. We repel +the same statement applied to the law of nature, because it resembles in +so many of its most striking features--in the certainty of a large +portion of it, in its terminology, in its substantial principles--the +most universal elements of actual systems of law, and because, moreover, +the assumption that brought it into existence was nothing else than +this, that it consisted of those abiding portions of legal systems which +prevail everywhere by their own authority. But, though "positive +morality" may not be the best phrase to describe such a code of rules, +the distinction insisted on by Austin is unimpeachable. + +The elimination of those laws properly and improperly so called which +are not positive laws brings us to the definition of positive law, which +is the keystone of the system. Every positive law is "set by a sovereign +person, or sovereign body of persons, to a member or members of the +independent political society wherein that person or body is sovereign +or superior." Though possibly sprung directly from another source, it is +a positive law, by the institution of that present sovereign in the +character of a political superior. The question is not as to the +historical origin of the principle, but as to its present authority. +"The legislator is he, not by whose authority the law was first made, +but by whose authority it continues to be law." This definition involves +the analysis of the connected expressions _sovereignty_, _subjection_ +and _independent political society_, and of _determinate body_--which +last analysis Austin performs in connexion with that of commands. These +are all excellent examples of the logical method of which he was so +great a master. The broad results alone need be noticed here. In order +that a given society may form a society political and independent, the +_generality or bulk_ of its members must be in a _habit_ of obedience to +a certain and common superior; whilst that certain person or body of +persons must not be _habitually_ obedient to a certain person or body. +All the italicized words point to circumstances in which it might be +difficult to say whether a given society is political and independent or +not. Several of these Austin has discussed--e.g. the state of things in +which a political society yields obedience which may or may not be +called habitual to some external power, and the state of things in which +a political society is divided between contending claimants for +sovereign power, and it is uncertain which shall prevail, and over how +much of the society. So long as that uncertainty remains we have a state +of _anarchy_. Further, an independent society to be political must not +fall below a number which can only be called considerable. Neither then +in a state of anarchy, nor in inconsiderable communities, nor among men +living in a state of nature, have we the proper phenomena of a political +society. The last limitation goes some way to meet the most serious +criticism to which Austin's system has been exposed, and it ought to be +stated in his own words. He supposes a society which may be styled +independent, which is considerable in numbers, and which is in a savage +or extremely barbarous condition. In such a society, "the bulk of its +members is not in the habit of obedience to one and the same superior. +For the purpose of attacking an external enemy, or for the purpose of +repelling an attack, the bulk of its members who are capable of bearing +arms submits to one leader or one body of leaders. But as soon as that +emergency passes the transient submission ceases, and the society +reverts to the state which may be deemed its ordinary state. The bulk of +each of the families which compose the given society renders habitual +obedience to its own peculiar chief, but those domestic societies are +themselves independent societies, or are not united and compacted into +one political society by habitual and general obedience to one common +superior, and there is no law (simply or strictly so styled) which can +be called the law of that society. The so-called laws which are common +to the bulk of the community are purely and properly customary +laws--that is to say, laws which are set or imposed by the general +opinion of the community, but are not enforced by legal or political +sanctions." Such, he says, are the savage societies of hunters and +fishers in North America, and such were the Germans as described by +Tacitus. He takes no account of societies in an intermediate stage +between this and the condition which constitutes political society. + +We need not follow the analysis in detail. Much ingenuity is displayed +in grouping the various kinds of government, in detecting the sovereign +authority under the disguises which it wears in the complicated state +system of the United States or under the fictions of English law, in +elucidating the precise meaning of abstract political terms. +Incidentally the source of many celebrated fallacies in political +thought is laid bare. That the question who is sovereign in a given +state is a question of fact and not of law or morals or religion, that +the sovereign is incapable of legal limitation, that law is such by the +sovereign's command, that no real or assumed compact can limit his +action--are positions which Austin has been accused of enforcing with +needless iteration. He cleared them, however, from the air of paradox +with which they had been previously encumbered, and his influence was in +no direction more widely felt than in making them the commonplaces of +educated opinion in this generation. + +Passing from these, we may now consider what has been said against the +theory, which may be summed up in the following terms. Laws, no matter +in what form they be expressed, are in the last resort reducible to +commands set by the person or body of persons who are in fact sovereigns +in any independent political society. The sovereign is the person or +persons whose commands are habitually obeyed by the great bulk of the +community; and by an independent society we mean that such sovereign +head is not himself habitually obedient to any other determinate body of +persons. The society must be sufficiently numerous to be considerable +before we can speak of it as a political society. From command, with its +inseparable incident of sanction, come the duties and rights in terms of +which laws are for the most part expressed. Duty means that the person +of whom it is predicated is liable to the sanction in case he fails to +obey the command. Right means that the person of whom it is predicated +may set the sanction in operation in case the command be disobeyed. + + We may here interpolate a doubt whether the condition of independence + on the part of the head of a community is essential to the legal + analysis. It seems to us that we have all the elements of a true law + present when we point to a community habitually obedient to the + authority of a person or determinate body of persons, no matter what + the relations of that superior may be to any external or superior + power. Provided that in fact the commands of the lawgiver are those + beyond which the community never looks, it seems immaterial to inquire + whether this lawgiver in turn takes his orders from somebody else or + is habitually obedient to such orders when given. One may imagine a + community governed by a dependent legislatorial body or person, while + the supreme sovereign whose representative and nominee such body or + person may be never directly addresses the community at all. We do not + see that in such a case anything is gained in clearness by + representing the law of the community as set by the suzerain, rather + than the dependent legislator. Nor is the ascertainment of the + ultimate seat of power necessary to define political societies. That + we get when we suppose a community to be in the habit of obedience to + a single person or to a determinate combination of persons. + + The use of the word "command" is not unlikely to lead to a + misconception of Austin's meaning. When we say that a law is a command + of the sovereign, we are apt to think of the sovereign as enunciating + the rule in question for the first time. Many laws are not traceable + to the sovereign at all in this sense. Some are based upon immemorial + practices, some can be traced to the influence of private citizens, + whether practising lawyers or writers on law, and in most countries a + vast body of law owes its existence as such to the fact that it has + been observed as law in some other society. The great bulk of modern + law owes its existence and its shape ultimately to the labours of the + Roman lawyers of the empire. Austin's definition has nothing to do + with this, the historical origin of laws. Most books dealing with law + in the abstract generalize the modes in which laws may be originated + under the name of the "sources" of law, and one of these is + legislation, or the direct command of the sovereign body. The + connexion of laws with each other as principles is properly the + subject matter of historical jurisprudence, the ideal perfection of + which would be the establishment of the general laws governing the + evolution of law in the technical sense. Austin's definition looks, + not to the authorship of the law as a principle, not to its inventor + or originator, but to the person or persons who in the last resort + cause it to be obeyed. If a given rule is enforced by the sovereign it + is a law. + + It may be convenient to notice here what is usually said about the + sources of law, as the expression sometimes proves a stumbling-block + to the appreciation of Austin's system. In the _corpus juris_ of any + given country only a portion of the laws is traceable to the direct + expression of his commands by the sovereign. Legislation is one, but + only one, of the sources of law. Other portions of the law may be + traceable to other sources, which may vary in effect in different + systems. The list given in the _Institutes_ of Justinian of the ways + in which law may be made--_lex_, _plebiscitum_, _principis placita_, + _edicta magistratuum_, and so on--is a list of sources. Among the + sources of law other than legislation which are most commonly + exemplified are the laws made by judges in the course of judicial + decisions, and law originating as custom. The source of the law in the + one case is the judicial decision, in the other the custom. In + consequence of the decisions and in consequence of the custom the rule + has prevailed. English law is largely made up of principles derived in + each of those ways, while it is deficient in principles derived from + the writings of independent teachers, such as have in other systems + exercised a powerful influence on the development of law. The + _responsa prudentum_, the opinions of learned men, published as such, + did undoubtedly originate an immense portion of Roman law. No such + influence has affected English law to any appreciable extent--a result + owing to the activity of the courts of the legislature. This + difference has profoundly affected the form of English law as compared + with that of systems which have been developed by the play of free + discussion. These are the most definite of the influences to which the + beginning of laws may be traced. The law once established, no matter + how, is nevertheless law in the sense of Austin's definition. It is + enforced by the sovereign authority. It was originated by something + very different. But when we speak of it as a command we think only of + the way in which it is to-day presented to the subject. The newest + order of an act of parliament is not more positively presented to the + people as a command to be obeyed than are the elementary rules of the + common law for which no legislative origin can be traced. It is not + even necessary to resort to the figure of speech by which alone, + according to Sir Henry Maine (_Early History of Institutions_, p. + 314), the common law can be regarded as the commands of the + government. "The common law," he says, "consists of their commands + because they can repeal or alter or restate it at pleasure." "They + command because, being by the assumption possessed of uncontrollable + force, they could innovate without limit at any moment." On the + contrary, it may be said that they command because they do as a matter + of fact enforce the rules laid down in the common law. It is not + because they could innovate if they pleased in the common law that + they are said to command it, but because it is known that they will + enforce it as it stands. + +The criticism of Austin's analysis resolved itself into two different +sets of objections. One relates to the theory of sovereignty which +underlies it; the other to its alleged failure to include rules which in +common parlance are laws, and which it is felt ought to be included in +any satisfactory definition of law. As the latter is to some extent +anticipated and admitted by Austin himself, we may deal with it first. + +Frederic Harrison (_Fortnightly Review_, vols. xxx., xxxi.) was at great +pains to collect a number of laws or rules of law which do not square +with the Austinian definition of law as a command creating rights and +duties. Take the rule that "every will must be in writing." It is a very +circuitous way of looking at things, according to Harrison, to say that +such a rule creates a specific right in any determinate person of a +definite description. So, again, the rule that "a legacy to the witness +of a will is void." Such a rule is not "designed to give any one any +rights, but simply to protect the public against wills made under undue +influence." Again, the technical rule in Shelley's case that a gift to A +for life, followed by a gift to the heirs of A, is a gift to A in fee +simple, is pronounced to be inconsistent with the definition. It is an +idle waste of ingenuity to force any of these rules into a form in which +they might be said to create rights. + +This would be a perfectly correct description of any attempt to take any +of these rules separately and analyse it into a complete command +creating specific rights and duties. But there is no occasion for doing +anything of the kind. It is not contended that every grammatically +complete sentence in a textbook or a statute is _per se_ a command +creating rights and duties. A law, like any other command, must be +expressed in words, and will require the use of the usual aids to +expression. The gist of it may be expressed in a sentence which, +standing by itself, is not intelligible; other sentences locally +separate from the principal one may contain the exceptions and the +modifications and the interpretations to which that is subject. In no +one of these taken by itself, but in the substance of them all taken +together, is the true law, in Austin's sense, to be found. Thus the rule +that every will must be in writing is a mere fragment--only the limb of +a law. It belongs to the rule which fixes the rights of devisees or +legatees under a will. That rule in whatever form it may be expressed +is, without any straining of language, a command of the legislator. That +"every person named by a testator in his last will and testament shall +be entitled to the property thereby given him" is surely a command +creating rights and duties. After testament add "expressed in writing"; +it is still a command. Add further, "provided he be not one of the +witnesses to the will," and the command, with its product of rights and +duties, is still there. Each of the additions limits the operation of +the command stated imperatively in the first sentence. So with the rule +in Shelley's case. It is resolvable into the rule that every person to +whom an estate is given by a conveyance expressed in such and such a way +shall take such and such rights. To take another example from later +legislation. An English statute passed in 1881 enacts nothing more than +this, that an act of a previous session shall be construed as if "that" +meant "this." It would be futile indeed to force this into conformity +with Austin's definition by treating it as a command addressed to the +judges, and as indirectly creating rights to have such a construction +respected. As it happens, the section of the previous act referred to +(the Burials Act 1880) was an undeniable command addressed to the +clergy, and imposed upon them a specific duty. The true command--the +law--is to be found in the two sections taken together. + +All this confusion arises from the fact that laws are not habitually +expressed in imperative terms. Even in a mature system like that of +England the great bulk of legal rules is hidden under forms which +disguise their imperative quality. They appear as principles, maxims, +propositions of fact, generalizations, points of pleading and procedure, +and so forth. Even in the statutes the imperative form is not uniformly +observed. It might be said that the more mature a legal system is the +less do its individual rules take the form of commands. The greater +portion of Roman law is expressed in terms which would not misbecome +scientific or speculative treatises. The institutional works abound in +propositions which have no legal significance at all, but which are not +distinguished from the true law in which they are embedded by any +difference in the forms of expression. Assertions about matters of +history, dubious speculations in philology, and reflections on human +conduct are mixed up in the same narrative with genuine rules of law. +Words of description are used, not words of command, and rules of law +assimilate themselves in form to the extraneous matter with which they +are mixed up. + +It has been said that Austin himself admitted to some extent the force +of these objections. He includes among laws which are not imperative +"declaratory laws, or laws explaining the import of existing positive +law, and laws abrogating or repealing existing positive law." He thus +associates them with rules of positive morality and with laws which are +only metaphorically so called. This collocation is unfortunate and out +of keeping with Austin's method. Declaratory and repealing laws are as +completely unlike positive morality and metaphorical laws as are the +laws which he describes as properly so called. And if we avoid the error +of treating each separate proposition enunciated by the lawgiver as _a_ +law, the cases in question need give us no trouble. Read the declaratory +and the repealing statutes along with the principal laws which they +affect, and the result is perfectly consistent with the proposition that +all law is to be resolved into a species of command. In the one case we +have in the principal taken together with the interpretative statute a +law, and whether it differs or not from the law as it existed before the +interpretative statute was passed makes no difference to the true +character of the latter. It contributes along with the former to the +expression of a command which is a true law. In the same way repealing +statutes are to be taken together with the laws which they repeal--the +result being that there is no law, no command, at all. It is wholly +unnecessary to class them as laws which are not truly imperative, or as +exceptions to the rule that laws are a species of commands. The +combination of the two sentences in which the lawgiver has expressed +himself, yields the result of silence--absence of law--which is in no +way incompatible with the assertion that a law, when it exists, is a +kind of command. Austin's theory does not logically require us to treat +every act of parliament as being a complete law in itself, and therefore +to set aside a certain number of acts of parliament as being exceptions +to the great generalization which is the basis of the whole system. + +Rules of procedure again have been alleged to constitute another +exception. They cannot, it is said, be regarded as commands involving +punishment if they be disobeyed. Nor is anything gained by considering +them as commands addressed to the judge and other ministers of the law. +There may be no doubt in the law of procedure a great deal that is +resolvable into law in this sense, but the great bulk of it is to be +regarded like the rules of interpretation as entering into the +substantive commands which are laws. They are descriptions of the +sanction and its mode of working. The bare prohibition of murder without +any penalty to enforce it would not be a law. To prohibit it under +penalty of death implies a reference to the whole machinery of criminal +justice by which the penalty is enforced. Taken by themselves the rules +of procedure are not, any more than canons of interpretation, complete +laws in Austin's sense of the term. But they form part of the complete +expression of true laws. They imply a command, and they describe the +sanction and the mode in which it operates. + +A more formidable criticism of Austin's position is that which attacks +the definition of sovereignty. There are countries, it is said, where +the sovereign authority cannot by any stretch of language be said to +command the laws, and yet where law manifestly exists. The ablest and +the most moderate statement of this view is given by Sir Henry Maine in +_Early History of Institutions_, p. 380:-- + + "It is from no special love of Indian examples that I take one from + India, but because it happens to be the most modern precedent in + point. My instance is the Indian province called the Punjaub, the + country of the Five Rivers, in the state in which it was for about a + quarter of a century before its annexation to the British Indian + Empire. After passing through every conceivable phase of anarchy and + dormant anarchy, it fell under the tolerably consolidated dominion of + a half-military half-religious oligarchy known as the Sikhs. The Sikhs + themselves were afterwards reduced to subjection by a single chieftain + belonging to their order, Runjeet Singh. At first sight there could be + no more perfect embodiment than Runjeet Singh of sovereignty as + conceived by Austin. He was absolutely despotic. Except occasionally + on his wild frontier he kept the most perfect order. He could have + commanded anything; the smallest disobedience to his commands would + have been followed by death or mutilation; and this was perfectly well + known to the enormous majority of his subjects. Yet I doubt whether + once in all his life he issued a command which Austin would call a + law. He took as his revenue a prodigious share of the produce of the + soil. He harried villages which recalcitrated at his exactions, and + he executed great numbers of men. He levied great armies; he had all + material of power, and he exercised it in various ways. But he never + made a law. The rules which regulated the lives of his subjects were + derived from their immemorial usages, and those rules were + administered by domestic tribunals in families or village + communities--that is, in groups no larger or little larger than those + to which the application of Austin's principles cannot be effected on + his own admission without absurdity." + +So far as the mere size of the community is concerned, there is no +difficulty in applying the Austinian theory. In postulating a +considerably numerous community Austin was thinking evidently of small +isolated groups which could not without provoking a sense of the +ridiculous be termed nations. Two or three families, let us suppose, +occupying a small island, totally disconnected with any great power, +would not claim to be and would not be treated as an independent +political community. But it does not follow that Austin would have +regarded the village communities spoken of by Maine in the same light. +Here we have a great community, consisting of a vast number of small +communities, each independent of the other, and disconnected with all +the others, so far as the administration of anything like law is +concerned. Suppose in each case that the headman or council takes his +orders from Runjeet Singh, and enforces them, each in his own sphere, +relying as the last resort on the force at the disposal of the suzerain. +The mere size of the separate communities would make no sort of +difference to Austin's theory. He would probably regard the empire of +Runjeet Singh as divided into small districts--an assumption which +inverts no doubt the true historical order, the smaller group being +generally more ancient than the larger. But provided that the other +conditions prevail, the mere fact that the law is administered by local +tribunals for minute areas should make no difference to the theory. The +case described by Maine is that of the undoubted possession of supreme +power by a sovereign, coupled with the total absence of any attempt on +his part to _originate_ a law. That no doubt is, as we are told by the +same authority, "the type of all Oriental communities in their native +state during their rare intervals of peace and order." The empire was in +the main in each case a tax-gathering empire. The unalterable law of the +Medes and Persians was not a law at all but an occasional command. So +again Maine puts his position clearly in the following sentences: "The +Athenian assembly made true laws for residents on Attic territory, but +the dominion of Athens over her subject cities and islands was clearly a +tax-taking as distinguished from a legislating empire." Maine, it will +be observed, does not say that the sovereign assembly did not command +the laws in the subject islands--only that it did not legislate. + +In the same category may be placed without much substantial difference +all the societies that have ever existed on the face of the earth +previous to the point at which _legislation_ becomes active. Maine is +undoubtedly right in connecting the theories of Bentham and Austin with +the overwhelming activity of legislatures in modern times. And formal +legislation, as he elsewhere shows, comes late in the history of most +legal systems. Law is generated in other ways, which seem irreconcilable +with anything like legislation. Not only the tax-gathering emperors of +the East, indifferent to the condition of their subjects, but even +actively benevolent governments have up to a certain point left the law +to grow by other means than formal enactments. What is _ex facie_ more +opposed to the idea of a sovereign's commands than the conception of +schools of law? Does it not "sting us with a sense of the ridiculous" to +hear principles which are the outcome of long debates between Proculians +and Sabinians described as commands of the emperor? How is sectarianism +in law possible if the sovereign's command is really all that is meant +by a law? No mental attitude is more common than that which regards law +as a natural product--discoverable by a diligent investigator, much in +the same way as the facts of science or the principles of mathematics. +The introductory portions of Justinian's _Institutes_ are certainly +written from this point of view, which may also be described without +much unfairness as the point of view of German jurisprudence. And yet +the English jurist who accepts Austin's postulate as true for the +English system of our own day would have no difficulty in applying it to +German or Roman law generated under the influence of such ideas as +these. + +Again, referring to the instance of Runjeet Singh, Sir H. Maine says no +doubt rightly that "he never did or could have dreamed of changing the +civil rules under which his subjects lived. Probably he was as strong a +believer in the independent obligatory force of such rules as the elders +themselves who applied them." That too might be said with truth of +states to which the application of Austin's system would be far from +difficult. The sovereign body or person enforcing the rules by all the +ordinary methods of justice might conceivably believe that the rules +which he enforced had an obligatory authority of their own, just as most +lawyers at one time, and possibly some lawyers now, believe in the +natural obligatoriness, independently of courts or parliaments, of +portions of the law of England. But nevertheless, whatever ideas the +sovereign or his delegates might entertain as to "the independent +obligatory force" of the rules which they enforce, the fact that they do +enforce them distinguishes them from all other rules. Austin seizes upon +this peculiarity and fixes it as the determining characteristic of +positive law. When the rule is enforced by a sovereign authority as he +defines it, it is his command, even if he should never so regard it +himself, or should suppose himself to be unable to alter it in a single +particular. + + It may be instructive to add to these examples of dubious cases one + taken from what is called ecclesiastical law. In so far as this has + not been adopted and enforced by the state, it would, on Austin's + theory, be, not positive law, but either positive morality or possibly + a portion of the Divine law. No jurist would deny that there is an + essential difference between so much of ecclesiastical law as is + adopted by the state and all the rest of it, and that for scientific + purposes this distinction ought to be recognized. How near this kind + of law approaches to the positive or political law may be seen from + the sanctions on which it depended. "The theory of penitential + discipline was this: that the church was an organized body with an + outward and visible form of government; that all who were outside her + boundaries were outside the means of divine grace; that she had a + command laid upon her, and authority given to her, to gather men into + her fellowship by the ceremony of baptism, but, as some of those who + were admitted proved unworthy of their calling, she also had the right + by the power of the keys to deprive them temporarily or absolutely of + the privilege of communion with her, and on their amendment to restore + them once more to church membership. On this power of exclusion and + restoration was founded the system of ecclesiastical discipline. It + was a purely spiritual jurisdiction. It obtained its hold over the + minds of men from the belief, universal in the Catholic church of the + early ages, that he who was expelled from her pale was expelled also + from the way of salvation, and that the sentence which was pronounced + by God's church on earth was ratified by Him in heaven." (Smith's + _Dictionary of Christian Antiquities_, art. "Penitence," p. 1587.) + + These laws are not the laws of the jurists, though they resemble them + closely in many points--indeed in all points except that of the + sanction by which they are enforced. It is a spiritual not a political + sanction. The force which lies behind them is not that of the + sovereign or the state. When physical force is used to compel + obedience to the laws of the church they become positive laws. But so + long as the belief in future punishments or the fear of the purely + spiritual punishments of the church is sufficient to procure obedience + to them, they are to be regarded as commands, not by the state, but by + the church. That difference Austin makes essential. In rejecting + spiritual laws from the field of positive law his example would be + followed by jurists who would nevertheless include other laws, not + ecclesiastical in purpose, but enforced by very similar methods. + +Austin's theory in the end comes to this, that true laws are in all +cases obeyed in consequence of the application of regulated physical +force by some portion of the community. That is a fair paraphrase of the +position that laws are the commands of the sovereign, and is perhaps +less objectionable inasmuch as it does not imply or suggest anything +about the forms in which laws are enunciated. All rules, customs, +practices and laws--or by whatever name these uniformities of human +conduct may be called--have either this kind of force at their back or +they have not. Is it worth while to make this difference the basis of a +scientific system or not? Apparently it is. If it were a question of +distinguishing between the law of the law courts and the laws of +fashion no one would hesitate. Why should laws or rules having no +support from any political authority be termed laws positive merely +because there are no other rules in the society having such support? + +The question may perhaps be summed up as follows. Austin's definitions +are in strict accordance with the facts of government in civilized +states; and, as it is put by Maine, certain assumptions or postulates +having been made, the great majority of Austin's positions follow as of +course or by ordinary logical process. But at the other extreme end of +the scale of civilization are societies to which Austin himself refuses +to apply his system, and where, it would be conceded on all sides, there +is neither political community nor sovereign nor law--none of the facts +which jurisprudence assumes to exist. There is an intermediate stage of +society in which, while the rules of conduct might and generally would +be spoken of as laws, it is difficult to trace the connexion between +them and the sovereign authority whose existence is necessary to +Austin's system. Are such societies to be thrown out of account in +analytical jurisprudence, or is Austin's system to be regarded as only a +partial explanation of the field of true law, and his definitions good +only for the laws of a portion of the world? The true answer to this +question appears to be that when the rules in any given case are +habitually enforced by physical penalties, administered by a determinate +person or portion of the community, they should be regarded as positive +laws and the appropriate subject matter of jurisprudence. Rules which +are not so enforced, but are enforced in any other way, whether by what +is called public opinion, or spiritual apprehensions, or natural +instinct, are rightly excluded from that subject matter. In all stages +of society, savage or civilized, a large body of rules of conduct, +habitually obeyed, are nevertheless not enforced by any state sanction +of any kind. Austin's method assimilates such rules in primitive +society, where they subserve the same purpose as positive laws in an +advanced society, not to the positive laws which they resemble in +purpose but to the moral or other rules which they resemble in +operation. If we refuse to accept this position we must abandon the +attempt to frame a general definition of law and its dependent terms, or +we must content ourselves with saying that law is one thing in one state +of society and another thing in another. On the ground of clearness and +convenience Austin's method is, we believe, substantially right, but +none the less should the student of jurisprudence be on his guard +against such assumptions as that legislation is a universal phenomenon, +or that the relation of sovereign and subject is discernible in all +states of human society. And a careful examination of Maine's criticism +will show that it is devoted not so much to a rectification of Austin's +position as to correction of the misconceptions into which some of his +disciples may have fallen. It is a misconception of the analysis to +suppose that it involves a difference in juridical character between +custom not yet recognized by any judicial decision and custom after such +recognition. There is no such difference except in the case of what is +properly called "judicial legislation"--wherein an absolutely new rule +is added for the first time to the law. The recognition of a custom or +law is not necessarily the beginning of the custom or law. Where a +custom possesses the marks by which its legality is determined according +to well understood principles, the courts pronounce it to have been law +at the time of the happening of the facts as to which their jurisdiction +is invoked. The fact that no previous instance of its recognition by a +court of justice can be produced is not material. A lawyer before any +such decision was given would nevertheless pronounce the custom to be +law--with more or less hesitation according as the marks of a legal +custom were obvious or not. The character of the custom is not changed +when it is for the first time enforced by a court of justice, and hence +the language used by Maine must be understood in a very limited sense. +"Until customs are enforced by courts of justice"--so he puts the +position of Austin--they are merely "positive morality," rules enforced +by opinion; but as soon as courts of justice enforce them they become +commands of the sovereign, conveyed through the judges who are his +delegates or deputies. This proposition, on Austin's theory, would only +be true of customs as to which these marks were absent. It is of course +true that when a rule enforced only by opinion becomes for the first +time enforceable by a court of justice--which is the same thing as the +first time of its being actually enforced--its juridical character is +changed. It was positive morality; it is now law. So it is when that +which was before the opinion of the judge only becomes by his decision a +rule enforceable by courts of justice. It was not even positive morality +but the opinion of an individual; it is now law. + +The most difficult of the common terms of law to define is _right_; and, +as right rather than duty is the basis of classification, it is a point +of some importance. Assuming the truth of the analysis above discussed, +we may go on to say that in the notion of law is involved an obligation +on the part of some one, or on the part of every one, to do or forbear +from doing. That obligation is duty; what is right? Dropping the +negative of forbearance, and taking duty to mean an obligation to do +something, with the alternative of punishment in default, we find that +duties are of two kinds. The thing to be done may have exclusive +reference to a determinate person or class of persons, on whose motion +or complaint the sovereign power will execute the punishment or sanction +on delinquents; or it may have no such reference, the thing being +commanded, and the punishment following on disobedience, without +reference to the wish or complaint of individuals. The last are absolute +duties, and the omission to do, or forbear from doing, the thing +specified in the command is in general what is meant by a crime. The +others are relative duties, each of them implying and relating to a +right in some one else. A person has a right who may in this way set in +operation the sanction provided by the state. In common thought and +speech, however, right appears as something a good deal more positive +and definite than this--as a power or faculty residing in individuals, +and suggesting not so much the relative obligation as the advantage or +enjoyment secured thereby to the person having the right. J. S. Mill, in +a valuable criticism of Austin, suggests that the definition should be +so modified as to introduce the element of "advantage to the person +exercising the right." But it is exceedingly difficult to frame a +positive definition of right which shall not introduce some term at +least as ambiguous as the word to be defined. T. E. Holland defines +right in general as a man's "capacity of influencing the acts of another +by means, not of his own strength, but of the opinion or the force of +society." Direct influence exercised by virtue of one's own strength, +physical or otherwise, over another's acts, is "might" as distinguished +from right. When the indirect influence is the opinion of society, we +have a "moral right." When it is the force exercised by the sovereign, +we have a legal right. It would be more easy, no doubt, to pick holes in +this definition than to frame a better one.[2] + +The distinction between rights available against determinate persons and +rights available against all the world, _jura in personam_ and _jura in +rem_, is of fundamental importance. The phrases are borrowed from the +classical jurists, who used them originally to distinguish actions +according as they were brought to enforce a personal obligation or to +vindicate rights of property. The owner of property has a right to the +exclusive enjoyment thereof, which avails against all and sundry, but +not against one person more than another. The parties to a contract have +rights available against each other, and against no other persons. The +_jus in rem_ is the badge of property; the _jus in personam_ is a mere +personal claim. + +That distinction in rights which appears in the division of law into the +law of persons and the law of things is thus stated by Austin. There are +certain rights and duties, with certain capacities and incapacities, by +which persons are determined to various classes. The rights, duties, +&c., are the condition or status of the person; and one person may be +invested with many status or conditions. The law of persons consists of +the rights, duties, &c., constituting conditions or status; the rest of +the law is the law of things. The separation is a mere matter of +convenience, but of convenience so great that the distinction is +universal. Thus any given right may be exercised by persons belonging to +innumerable classes. The person who has the right may be under +twenty-one years of age, may have been born in a foreign state, may have +been convicted of crime, may be a native of a particular county, or a +member of a particular profession or trade, &c.; and it might very well +happen, with reference to any given right, that, while persons in +general, under the circumstances of the case, would enjoy it in the same +way, a person belonging to any one of these classes would not. If +belonging to any one of those classes makes a difference not to one +right merely but to many, the class may conveniently be abstracted, and +the variations in rights and duties dependent thereon may be separately +treated under the law of persons. The personality recognized in the law +of persons is such as modifies indefinitely the legal relations into +which the individual clothed with the personality may enter. + +T. E. Holland disapproves of the prominence given by Austin to this +distinction, instead of that between public and private law. This, +according to Holland, is based on the public or private character of the +persons with whom the right is connected, public persons being the state +or its delegates. Austin, holding that the state cannot be said to have +legal rights or duties, recognizes no such distinction. The term "public +law" he confines strictly to that portion of the law which is concerned +with political conditions, and which ought not to be opposed to the rest +of the law, but "ought to be inserted in the law of persons as one of +the limbs or members of that supplemental department." + +Lastly, following Austin, the main division of the law of things is into +(1) primary rights with primary relative duties, (2) sanctioning rights +with sanctioning duties (relative or absolute). The former exist, as it +has been put, for their own sake, the latter for the sake of the former. +Rights and duties arise from facts and events; and facts or events which +are violations of rights and duties are _delicts_ or _injuries_. Rights +and duties which arise from delicts are remedial or sanctioning, their +object being to prevent the violation of rights which do not arise from +delicts. + +There is much to be said for Frederic Harrison's view (first expressed +in the _Fortnightly Review_, vol. xxxi.), that the rearrangement of +English law on the basis of a scientific classification, whether +Austin's or any other, would not result in advantages at all +compensating for its difficulties. If anything like a real code were to +be attempted, the scientific classification would be the best; but in +the absence of that, and indeed in the absence of any habit on the part +of English lawyers of studying the system as a whole, the arrangement of +facts does not very much matter. It is essential, however, to the +abstract study of the principles of law. Scientific arrangement might +also be observed with advantage in treatises affecting to give a view of +the whole law, especially those which are meant for educational rather +than professional uses. As an example of the practical application of a +scientific system of classification to a complete body of law, we may +point to W. A. Hunter's elaborate _Exposition of Roman Law_ (1876). + +It is impossible to present the conclusions of historical jurisprudence +in anything like the same shape as those which we have been discussing. +Under the heading JURISPRUDENCE, COMPARATIVE, an account will be found +of the method and results of what is practically a new science. The +inquiry is in that stage which is indicated in one way by describing it +as a philosophy. It resembles, and is indeed only part of, the study +which is described as the philosophy of history. Its chief interest has +been in the light which it has thrown upon rules of law and legal +institutions which had been and are generally contemplated as positive +facts merely, without reference to their history, or have been +associated historically with principles and institutions not really +connected with them. + +The historical treatment of law displaces some very remarkable +misconceptions. Peculiarities and anomalies abound in every legal +system; and, as soon as laws become the special study of a professional +class, some mode of explaining or reconciling them will be resorted to. +One of the prehistorical ways of philosophizing about law was to account +for what wanted explanation by some theory about the origin of technical +words. This implied some previous study of words and their history, and +is an instance of the deep-seated and persistent tendency of the human +mind to identify names with the things they represent. The _Institutes_ +of Justinian abound in explanations, founded on a supposed derivation of +some leading term. _Testamentum_, we are told, _ex eo appellatur quod +testatio mentis est_. A testament was no doubt, in effect, a declaration +of intention on the part of the testator when this was written. But the +-_mentum_ is a mere termination, and has nothing to do with _mens_ at +all. The history of testaments, which, it may be noted incidentally, has +been developed with conspicuous success, gives a totally different +meaning to the institution from that which was expressed by this +fanciful derivation. So the perplexing subject of _possessio_ was +supposed in some way to be explained by the derivation from _pono_ and +_sedeo_--_quasi sedibus positio_. _Posthumi_ was supposed to be a +compound of _post_ and _humus_. These examples belong to the class of +rationalizing derivations with which students of philosophy are +familiar. Their characteristic is that they are suggested by some +prominent feature of the thing as it then appeared to observers--which +feature thereupon becomes identified with the essence of the thing at +all times and places. + +Another prehistorical mode of explaining law may be described as +metaphysical. It conceives of a rule or principle of law as existing by +virtue of some more general rule or principle in the nature of things. +Thus, in the English law of inheritance, until the passing of the +Inheritance Act 1833, an estate belonging to a deceased intestate would +pass to his uncle or aunt, to the exclusion of his father or other +lineal ancestor. This anomaly from an early time excited the curiosity +of lawyers, and the explanation accepted in the time of Bracton was that +it was an example of the general law of nature: "Descendit itaque jus +quasi ponderosum quid cadens deorsum recta linea vel transversali, et +nunquam reascendit ea via qua descendit." It has been suggested that the +"rule really results from the associations involved in the word +descent." It seems more likely, however, that these associations +explained rather than that they suggested the rule--that the omission of +the lineal ancestor existed in custom before it was discovered to be in +harmony with the law of nature. It would imply more influence than the +reasoning of lawyers is likely to have exercised over the development of +law at that time to believe that a purely artificial inference of this +kind should have established so very remarkable a rule. However that may +be, the explanation is typical of a way of looking at law which was +common enough before the dawn of the historical method. Minds capable of +reasoning in this way were, if possible, farther removed from the +conceptions implied in the reasoning of the analytical jurists than they +were from the historical method itself. In this connexion it may be +noticed that the great work of Blackstone marks an era in the +development of legal ideas in England. It was not merely the first, as +it still remains the only, adequate attempt to expound the leading +principles of the whole body of law, but it was distinctly inspired by a +rationalizing method. Blackstone tried not merely to express but to +illustrate legal rules, and he had a keen sense of the value of +historical illustrations. He worked of course with the materials at his +command. His manner and his work are obnoxious alike to the modern +jurist and to the modern historian. He is accused by the one of +perverting history, and by the other of confusing the law. But his +scheme is a great advance on anything that had been attempted before; +and, if his work has been prolific in popular fallacies, at all events +it enriched English literature by a conspectus of the law, in which the +logical connexion of its principles _inter se_, and its relations to +historical facts, were distinctly if erroneously recognized. + +While the historical method has superseded the verbal and metaphysical +explanation of legal principles, it had apparently, in some cases, come +into conflict with the conclusions of the analytical school. The +difference between the two systems comes out most conspicuously in +relation to customs. There is an unavoidable break in the analytical +method between societies in which rules are backed by regulated physical +force and those in which no such force exists. At what point in its +development a given society passes into the condition of "an independent +political society" it may not be easy to determine, for the evidence is +obscure and conflicting. To the historical jurist there is no such +breach. The rule which in one stage of society is a law, in another +merely a rule of "positive morality," is the same thing to him +throughout. By the Irish Land Act 1881 the Ulster custom of tenant-right +and other analogous customs were legalized. For the purposes of +analytical jurisprudence there is no need to go beyond the act of +parliament. The laws known as the Ulster custom are laws solely in +virtue of the sovereign government. Between the law as it now is and the +custom as it existed before the act there is all the difference in the +world. To the historical jurist no such separation is possible. His +account of the law would not only be incomplete without embracing the +precedent custom, but the act which made the custom law is only one of +the facts, and by no means the most significant or important, in the +history of its development. An exactly parallel case is the legalization +in England of that customary tenant-right known as copyhold. It is to +the historical jurist exactly the same thing as the legalization of the +Ulster tenant right. In the one case a practice was made law by formal +legislation, and in the other without formal legislation. And there can +be very little doubt that in an earlier stage of society, when formal +legislation had not become the rule, the custom would have been +legalized relatively much sooner than it actually was. + +Customs then are the same thing as laws to the historical jurist, and +his business is to trace the influences under which they have grown up, +flourished and decayed, their dependence on the intellectual and moral +conditions of society at different times, and their reaction upon them. +The recognized science--and such it may now be considered to be--with +which historical, or more properly comparative, jurisprudence has most +analogy is the science of language. Laws and customs are to the one what +words are to the other, and each separate municipal system has its +analogue in a language. Legal systems are related together like +languages and dialects, and the investigation in both cases brings us +back at last to the meagre and obscure records of savage custom and +speech. A great master of the science of language (Max Müller) has +indeed distinguished it from jurisprudence, as belonging to a totally +different class of sciences. "It is perfectly true," he says, "that if +language be the work of man in the same sense in which a statue, or a +temple, or a poem, or a law are properly called the works of man, the +science of language would have to be classed as an historical science. +We should have a history of language as we have a history of art, of +poetry and of jurisprudence; but we could not claim for it a place side +by side with the various branches of natural history." Whatever be the +proper position of either philology or jurisprudence in relation to the +natural sciences, it would not be difficult to show that laws and +customs on the whole are equally independent of the efforts of +individual human wills--which appears to be what is meant by language +not being the work of man. The most complete acceptance of Austin's +theory that law everywhere and always is the command of the sovereign +does not involve any withdrawal of laws from the domain of natural +science, does not in the least interfere with the scientific study of +their affinities and relationships. Max Müller elsewhere illustrates his +conception of the different relations of words and laws to the +individual will by the story of the emperor Tiberius, who was reproved +for a grammatical mistake by Marcellus, whereupon Capito, another +grammarian, observed that, if what the emperor said was not good Latin, +it would soon be so. "Capito," said Marcellus, "is a liar; for, Caesar, +thou canst give the Roman citizenship to men, but not to words." The +mere impulse of a single mind, even that of a Roman emperor, however, +probably counts for little more in law than it does in language. Even in +language one powerful intellect or one influential academy may, by its +own decree, give a bent to modes of speech which they would not +otherwise have taken. But whether law or language be conventional or +natural is really an obsolete question, and the difference between +historical and natural sciences in the last result is one of names. + +The application of the historical method to law has not resulted in +anything like the discoveries which have made comparative philology a +science. There is no Grimm's law for jurisprudence; but something has +been done in that direction by the discovery of the analogous processes +and principles which underlie legal systems having no external +resemblance to each other. But the historical method has been applied +with special success to a single system--the Roman law. The Roman law +presents itself to the historical student in two different aspects. It +is, regarded as the law of the Roman Republic and Empire, a system whose +history can be traced throughout a great part of its duration with +certainty, and in parts with great detail. It is, moreover, a body of +rationalized legal principles which may be considered apart from the +state system in which they were developed, and which have, in fact, +entered into the jurisprudence of the whole of modern Europe on the +strength of their own abstract authority--so much so that the continued +existence of the civil law, after the fall of the Empire, is entitled to +be considered one of the first discoveries of the historical method. +Alike, therefore, in its original history, as the law of the Roman +state, and as the source from which the fundamental principles of modern +laws have been taken, the Roman law presented the most obvious and +attractive subject of historical study. An immense impulse was given to +the history of Roman law by the discovery of the _Institutes_ of Gaius +in 1816. A complete view of Roman law, as it existed three centuries and +a half before Justinian, was then obtained, and as the later +_Institutes_ were, in point of form, a recension of those of Gaius, the +comparison of the two stages in legal history was at once easy and +fruitful. Moreover, Gaius dealt with antiquities of the law which had +become obsolete in the time of Justinian, and were passed over by him +without notice. + +Nowhere did Roman law in its modern aspect give a stronger impulse to +the study of legal history than in Germany. The historical school of +German jurists led the reaction of national sentiment against the +proposals for a general code made by Thibaut. They were accused by their +opponents of setting up the law of past times as intrinsically entitled +to be observed, and they were no doubt strongly inspired by reverence +for customs and traditions. Through the examination of their own +customary laws, and through the elimination and separate study of the +Roman element therein, they were led to form general views of the +history of legal principles. In the hands of Savigny, the greatest +master of the school, the historical theory was developed into a +universal philosophy of law, covering the ground which we should assign +separately to jurisprudence, analytical and historical, and to theories +of legislation. There is not in Savigny's system the faintest approach +to the Austinian analysis. The range of it is not the analysis of law as +a command, but that of a _Rechtsverhältniss_ or legal relation. Far from +regarding law as the creation of the will of individuals, he maintains +it to be the natural outcome of the consciousness of the people, like +their social habits or their language. And he assimilates changes in law +to changes in language. "As in the life of individual men no moment of +complete stillness is experienced, but a constant organic development, +such also is the case in the life of nations, and in every individual +element in which this collective life consists; so we find in language a +constant formation and development, and in the same way in law." German +jurisprudence is darkened by metaphysical thought, and weakened, as we +believe, by defective analysis of positive law. But its conception of +laws is exceedingly favourable to the growth of a historical philosophy, +the results of which have a value of their own, apart altogether from +the character of the first principles. Such, for instance, is Savigny's +famous examination of the law of possession. + +There is only one other system of law which is worthy of being placed by +the side of Roman law, and that is the law of England. No other European +system can be compared with that which is the origin and substratum of +them all; but England, as it happens, is isolated in jurisprudence. She +has solved her legal problems for herself. Whatever element of Roman law +may exist in the English system has come in, whether by conscious +adaptation or otherwise, _ab extra_; it is not of the essence of the +system, nor does it form a large portion of the system. And, while +English law is thus historically independent of Roman law, it is in all +respects worthy of being associated with it on its own merits. Its +originality, or, if the phrase be preferred, its peculiarity, is not +more remarkable than the intellectual qualities which have gone to its +formation--the ingenuity, the rigid logic, the reasonableness, of the +generations of lawyers and judges who have built it up. This may seem +extravagant praise for a legal system, the faults of which are and +always have been matter of daily complaint, but it would be endorsed by +all unprejudiced students. What men complain of is the practical +hardship and inconvenience of some rule or process of law. They know, +for example, that the law of real property is exceedingly complicated, +and that, among other things, it makes the conveyance of land expensive. +But the technical law of real property, which rests to this day on ideas +that have been buried for centuries, has nevertheless the qualities we +have named. So too with the law of procedure as it existed under the +"science" of special pleading. The greatest practical law reformer, and +the severest critic of existing systems that has ever appeared in any +age or country, Jeremy Bentham, has admitted this: "Confused, +indeterminate, inadequate, ill-adapted, and inconsistent as to a vast +extent the provision or no provision would be found to be that has been +made by it for the various cases that have happened to present +themselves for decision, yet in the character of a repository of such +cases it affords, for the manufactory of real law, a stock of materials +which is beyond all price. Traverse the whole continent of Europe, +ransack all the libraries belonging to all the jurisprudential systems +of the several political states, add the contents together, you would +not be able to compose a collection of cases equal in variety, in +amplitude, in clearness of statement--in a word, all points taken +together, in constructiveness--to that which may be seen to be afforded +by the collection of English reports of adjudged cases" (Bentham's +_Works_, iv. 460). On the other hand, the fortunes of English +jurisprudence are not unworthy of comparison even with the catholic +position of Roman law. In the United States of America, in India, and in +the vast Colonial Empire, the common law of England constitutes most of +the legal system in actual use, or is gradually being superimposed upon +it. It would hardly be too much to say that English law of indigenous +growth, and Roman law, between them govern the legal relations of the +whole civilized world. Nor has the influence of the former on the +intellectual habits and the ideas of men been much if at all inferior. +Those who set any store by the analytical jurisprudence of the school of +Austin will be glad to acknowledge that it is pure outcome of English +law. Sir Henry Maine associated its rise with the activity of modern +legislatures, which is of course a characteristic of the societies in +which English laws prevail. And it would not be difficult to show that +the germs of Austin's principles are to be found in legal writers who +never dreamed of analysing a law. It is certainly remarkable, at all +events, that the acceptance of Austin's system is as yet confined +strictly to the domain of English law. Maine found no trace of its being +even known to the jurists of the Continent, and it would appear that it +has been equally without influence in Scotland, which, like the +continent of Europe, is essentially Roman in the fundamental elements of +its jurisprudence. + + The substance of the above article is repeated from Professor E. + Robertson's (Lord Lochee's) article "Law," in the 9th ed. of this + work. + + Among numerous English textbooks, those specially worth mention are: + T. E. Holland, _The Elements of Jurisprudence_ (1880; 10th ed., 1906); + J. Austin, _Lectures on Jurisprudence_ (4th ed., 1873); W. Jethro + Brown, _The Austinian Theory of Law_ (1906); Sir F. Pollock, _A First + Book on Jurisprudence_ (1896; 2nd ed., 1904). + + +FOOTNOTES: + + [1] This appears to be an unnecessary complication. The sovereign has + authorized the master to set the law, although not compelling him to + do so, and enforces the law when set. There seems no good reason why + the law should be called a rule of positive morality at all. + + [2] In English speech another ambiguity is happily wanting which in + many languages besets the phrase expressing "a right." The Latin + "jus," the German "Recht," the Italian "diritto," and the French + "droit" express, not only a right, but also law in the abstract. To + indicate the distinction between "law" and "a right" the Germans are + therefore obliged to resort to such phrases as "objectives" and + "subjectives Recht," meaning by the former law in the abstract, and + by the latter a concrete right. And Blackstone, paraphrasing the + distinction drawn by Roman law between the "jus quod ad res" and the + "jus quod ad personas attinet," devotes the first two volumes of his + _Commentaries_ to the "Rights of Persons and the Rights of Things." + See Holland's _Elements of Jurisprudence_, 10th ed., 78 seq. + + + + +JURISPRUDENCE, COMPARATIVE. The object of this article is to give a +general survey of the study of the evolution of law. It is not concerned +with analytical jurisprudence as a theory of legal thought, or an +encyclopaedic introduction to legal teaching. Jurisprudence in such a +philosophic or pedagogical sense has certainly to reckon with the methods +and results of a comparative study of law, but its aims are distinct from +those of the latter: it deals with more general problems. On the other +hand, the comparative study of law may itself be treated in two different +ways: it may be directed to a comparison of existing systems of +legislation and law, with a view to tracing analogies and contrasts in +the treatment of practical problems and taking note of expedients and of +possible solutions. Or else it may aim at discovering the principles +regulating the development of legal systems, with a view to explain the +origin of institutions and to study the conditions of their life. In the +first sense, comparative jurisprudence resolves itself into a study of +home and foreign law (cf. Hofmann in the _Zeitschrift für das private und +öffentliche Recht der Gegenwart_, 1878). In the second sense, comparative +jurisprudence is one of the aspects of so-called sociology, being the +study of social evolution in the special domain of law. From this point +of view it is, in substance, immaterial whether the legal phenomena +subjected to investigation are ancient or modern, are drawn from +civilized or from primitive communities. The fact that they are being +observed and explained as features of social evolution characterizes the +inquiry and forms the distinctive attribute separating these studies from +kindred subjects. It is only natural, however, that early periods and +primitive conditions have attracted investigators in this field more than +recent developments. The interest of students seems to have stood in +inverse ratio to the chronological vicinity of the facts under +consideration--the farther from the observer, the more suggestive and +worthy of attention the facts were found to be. This peculiarity is +easily explained if we take into account the tendency of all evolutionary +investigations to obtain a view of origins in order to follow up the +threads of development from their initial starting-point. Besides, it has +been urged over and over again that the simpler phenomena of ancient and +primitive society afford more convenient material for generalizations as +to legal evolution than the extremely complex legal institutions of +civilized nations. But there is no determined line of division between +ancient and modern comparative jurisprudence in so far as both are aiming +at the study of legal development. The law of Islam or, for that matter, +the German civil code, may be taken up as a subject of study quite as +much as the code of Hammurabi or the marriage customs of Australian +tribes. + +The fact that the comparative study of legal evolution is chiefly +represented by investigations of early institutions is therefore a +characteristic, but not a necessary feature in the treatment of the +subject. But it is essential to this treatment that it should be +_historical_ and _comparative_. Historical, because it is only as +history, i.e. a sequence of stages and events, that development can be +thought of. Comparative, because it is not the casual notices about one +or the other chain of historical facts that can supply the basis for any +scientific induction. Comparisons of kindred processes have to be made +in order to arrive at any conception of their general meaning and +scientific regularity. As linguistic science differs from philology in +so far as it treats of the general evolution of language and not of +particular languages, even so comparative jurisprudence differs from the +history of law as a study of general legal evolution distinct from the +development of one or the other national branch of legal enactment. +Needless to say that there are intermediate shades between these groups, +but it is not to these shades we have to attend, but to the main +distinctions and divisions. + +1. The idea that the legal enactments and customs of different +countries should be compared for the purpose of deducing general +principles from them is as old as political science itself. It was +realized with especial vividness in epochs when a considerable material +of observations was gathered from different sources and in various +forms. The wealth of varieties and the recurrence of certain leading +views in them led to comparison and to generalizations based on +comparison. Aristotle, who lived at the close of a period marked by the +growth of free Greek cities, summarized, as it were, their political +experience in his _Constitutions_ and _Politics_; students of these know +that the Greek philosopher had to deal with not only public law and +political institutions, but also to some extent private, criminal law, +equity, the relations between law and morals, &c. + +Another great attempt at comparative observation was made at the close +of the pre-revolutionary period of modern Europe. Montesquieu took stock +of the analogies and contrasts of law in the commonwealths of his time +and tried to show to what extent particular enactments and rules were +dependent on certain general currents in the life of societies--on forms +of government, on moral conditions corresponding to these, and +ultimately on the geographical facts with which various nationalities +and states have to reckon in their development. + +These were, however, only slight beginnings, general forecasts of a +coming line of thought, and Montesquieu's remarks on laws and legal +customs read now almost as if they were meant to serve as materials for +social Utopias, although they were by no means conceived in this sense. +At this distance of time we cannot help perceiving how fragmentary, +incomplete and uncritical his notions of the facts of legal history +were, and how strongly his thought was biased by didactic +considerations, by the wish to teach his contemporaries what politics +and law should be. + +It was reserved for the 19th century to come forward with connected and +far-reaching investigations in this field as in many others. We are not +deceived by proximity and self-consciousness when we affirm that +comparative jurisprudence, as understood in these introductory remarks, +dates from the 19th century and especially from its second half. + +There were many reasons for such a new departure: two of these reasons +have been especially manifest and decisive. The 19th century was an +eminently historical and an eminently scientific age. In the domain of +history it may be said that it opened an entirely new vista. While, +speaking roughly, before that time history was conceived as a narrative +of memorable events, more or less skilful, more or less sensational, but +appealing primarily to the literary sense of the reader, it became in +the course of the 19th century an encyclopaedia of reasoned knowledge, a +means of understanding social life by observing its phenomena in the +past. The immense growth of historical scholarship in that sense, and +the transformation of its aims, can hardly be denied. + +Apart from the personal efforts of eminent writers, a great and general +movement has to be taken into account in order to explain this +remarkable stage of human thought. The historic bent of mind of +19th-century thinkers was to a great extent the result of heightened +political and cultural self-consciousness. It was the reflection in the +world of letters of the tremendous upheaval in the states of Europe and +America which took place from the close of the 18th century onwards. As +one of the greatest leaders of the movement, Niebuhr, pointed out, the +fact of being a witness of such struggles and catastrophes as the +American Revolution, the French Revolution, the Napoleonic Empire and +the national reaction against it, taught every one to think +historically, to appreciate the importance of historical factors, to +measure the force not only of logical argument and moral impulse, but +also of instinctive habits and traditional customs. It is not a matter +of chance that the _historical school_ of jurisprudence, Savigny's +doctrine of the organic growth of law, was formed and matured while +Europe collected its forces after the most violent revolutionary crisis +it had ever experienced, and in most intimate connexion with the +romantic movement, a movement animated by enthusiastic belief in the +historical, traditional life of social groups as opposed to the +intellectual conceptions of individualistic radicalism. + +On the other hand, the 19th century was a scientific age and especially +an age of biological science. Former periods--the 16th and 17th +centuries especially--had bequeathed to it high standards of scientific +investigation, an ever-increasing weight of authority in the direction +of an exact study of natural phenomena and a conception of the world as +ruled by laws and not by capricious interference. But these scientific +views had been chiefly applied in the domain of mathematics, astronomy +and physics; although great discoveries had already been made in +physiology and other branches of biology, yet the achievements of +19th-century students in this respect far surpassed those of the +preceding period. And the doctrine of transformation which came to +occupy the central place in scientific thought was eminently fitted to +co-ordinate and suggest investigations of social facts. As F. York +Powell put it, Darwin is the greatest historian of modern times, and +certainly an historian not in the sense of a reader of annals, but in +that of a guide in the understanding of organic evolution. Though much +is expressed in the one name of Darwin, it is perhaps even more +momentous as a symbol of the tendency of a great age than as a mark of +personal work. To this tendency we are indebted for the rise of +anthropology and of sociology, of the scientific study of man and of the +scientific study of society. Of course it ought not to be disregarded +that the application of scientific principles and methods to human and +social facts was made possible by the growth of knowledge in regard to +savage and half-civilized nations called forth by the increased activity +of European and American business men, administrators and explorers. +Ethnography and ethnology have brought some order into the wealth of +materials accumulated by generations of workers in this direction, and +it is with their help that the far-reaching generalizations of modern +inquirers as to man and society have been achieved. + +2. It is not difficult to see that the comparative study of legal +evolution finds its definite place in a scientific scheme elaborated +from such points of view. Let us see how, as a matter of fact, the study +in question arose and what its progress has been. The immediate +incitement for the formation of comparative jurisprudence was given by +the great discoveries of comparative philology. When the labours of +Franz Bopp, August Schleicher, Max Müller, W. D. Whitney and others +revealed the profound connexion between the different branches of the +Indo-European race in regard to their languages, and showed that the +development of these languages proceeded on lines which might be studied +in a strictly scientific manner, on the basis of comparative observation +and with the object of tracing the uniformities of the process, it was +natural that students of religion, of folk-lore and of legal +institutions took up the same method and tried to win similar results +(Sir H. Maine, Rede lecture in _Village Communities_, 3rd ed.). + +It is interesting to note that one of the leading scholars of the +Germanistic revival in the beginning of the 19th century, Jacob Grimm, a +compeer of Savigny in his own line, took up with fervent zeal and +remarkable results not only the scientific study of the German language, +but also that of Germanic mythology and popular law. His +_Rechtsalterthümer_ are still unrivalled as a collection of data as to +the legal lore of Teutonic tribes. Their basis is undoubtedly a narrow +one: they treat of the varieties of legal custom among the continental +Germans, the Scandinavians and the Germanic tribes of Great Britain, but +the method of treatment is already a comparative one. Grimm takes up the +different subjects--property, contract, procedure, succession, crime, +&c.--and examines them in the light of national, provincial and local +customs, sometimes noticing expressly affinities with Roman and Greek +law (e.g. the subject of imprisonment for debt, _Rechtsalterthümer_, 4th +ed., vol. ii., p. 165). + +A broader basis was taken up by a linguist who tried to trace the +primitive institutions and customs of the early Aryans before their +separation into divers branches. Adolphe Pictet (_Les Origines +indo-européennes_, i. 1859; ii. 1863) had to touch constantly on +questions of family law, marriage, property, public authority, in his +attempt to reconstruct the common civilization of the Aryan race, and he +did so on the strength of a comparative study of terms used in the +different Indo-European languages. He showed, for instance, how the idea +of protection was the predominant element in the position of the father +in the Aryan household. The names _pîtar_, _pater_, [Greek: patêr], +_father_, which recur in most branches of the Aryan race, go back to a +root _pa_-, pointing to guardianship or protection. Thus we are led to +consider the _patria potestas_, so stringently formulated in Roman law, +as an expression of a common Aryan notion, which was already in +existence before the Aryan tribes parted company and went their +different ways. Descriptions of Aryan early culture have been given +several times since in connexion with linguistic observations. An +example is W. E. Hearn's _Aryan Household_ (1879). Fustel de Coulanges' +famous volume on the ancient city and Rudolf von Jhering's studies of +primitive Indo-European institutions (_Vorgeschichte der Indoeuropäer_) +start from similar observations, although the first of these scholars is +chiefly interested in tracing the influence of religion on the material +arrangements of life, while the latter draws largely on principles of +public and private law, studied more especially in Roman antiquity. + +3. The chief work in that direction has been achieved in one sense by a +German scholar, B. W. Leist. His Graeco-Roman legal history, his _Jus +Gentium of Primitive Aryans_, and his _Jus Civile of Primitive Aryans_, +form the most complete and learned attempt not only to reconstitute the +fundamental rules of common Aryan law before the separation of tongues +and nations, but also to trace the influence of this original stock of +juridical ideas in the later development of different branches of the +Aryan race. These three books present three stages of comparison, marked +by a successive widening of the horizon. He began his legal history by +putting together the data as to Roman and Greek legal origins; in the +_Alt-arisches Jus Gentium_ the material of Hindu law is not only drawn +into the range of observation, but becomes its very centre; in the +_Alt-arisches Jus Civile_ the legal customs of the Zend branch, of +Celts, Germans and Slavs, are taken into account, although the most +important part of the inquiry is still directed to the combination of +Hindu, Greek and Roman law. In this way Leist builds up his theories by +the comparative method, but he restricts its use consciously and +consistently to a definite range. He does not want to plunge into +haphazard analogies, but seeks common ground before all things in order +to be able to watch for the appearance of ramifications and to explain +them. According to his view comparison is of use only between "coherent" +lines of facts. Common origin, not similarity of features, appears to +him as the fundamental basis for fruitful comparison. It may be said +that Leist's work is characterized by the attempt to draw up a +continuous history of a supposed archaic common law of the Aryan race +rather than to put different solutions of kindred legal problems by the +side of each other. For him Aryan tribal organization with its +double-sided relationship--cognatic and agnatic--through men and through +women--is one, and although he does not draw its picture as Fustel de +Coulanges does by the help of traits taken indiscriminately from Hindu, +Roman and Greek material, although he notices divisions, degrees and +variations, at bottom he writes the history of one set of principles +exemplified and modulated, as it were, in the six or seven main +varieties of the race. Even so the nine rules of conduct prescribed by +Hindu sacral law are, according to his view, the directing rules of +Roman, Greek, Germanic, Celtic, Slavonic legal custom--the duties in +regard to gods, parents and fatherland, guests, personal purity, the +prohibitions against homicide, adultery and theft--are variations of one +and the same religious, moral and legal system, and their original unity +is reflected and proved by the unity of legal terminology itself. + +The same leading idea is embodied in the books of Otto +Schräder--_Urgeschichte und Sprachvergleichung_ (1st ed., 1883; 2nd ed., +1890) and _Reallexikon der indogermanischen Altertumskunde_ (1901). In +this case we have to do not with a jurist but with a linguist and a +student of cultural history. His training made him especially fit to +trace the national affinities in the data of language, and the sense of +the intimate connexion between the growth of institutions on one side, +of words and linguistic forms on the other, underlies all his +investigations. But Schrader testifies also to another powerful +influence--to that of Victor Hehn, the author of a remarkable book on +early civilization, _Kulturpflanzen und Hausthiere in ihrem Übergang aus +Asien in Europa_ (1st ed., 1870; 7th ed., 1902), dealing with the +migrations of tribes and their modes of acquiring material civilization. +Although the linguistic and archaeological sides naturally predominate +in Schrader's works, he has constantly to consider legal subjects, and +he strives conscientiously to obtain a clear and common-sense view of +the early legal notions of the Aryans. Speaking of the "ordeals," the +"waging of God's law," for example, he traces the customs of +purification by fire, water, iron, &c., to the practice of oaths (Sans. +_am_; Gr. [Greek: omnymi]; O. Ital. _omr_ = first group; O. Ger. _aiþs_, +Ir. _óeth_ = second group; O. Norse _rota_, Arm. _erdnum_ = I swear = +third group). The central idea of the ordeal is thus shown to be the +imprecation--"Let him be cursed whose assertion is false." + +The comparative study of the Aryan group assumed another aspect in the +works of Sir Henry Maine. He did not rely on linguistic affinities, but +made great use of another element of investigation which plays hardly +any part in the books of the writers mentioned hitherto. His best +personal preparation for the task was that he had not only taught law in +England, but had come into contact with living legal customs in India. +For him the comparison between the legal lore of Rome and that of India +did not depend on linguistic roots or on the philological study of the +laws of Manu, but was the result of recognizing again and again, in +actual modern custom, the views, rules and institutions of which he had +read in Gaius or in the fragments of the Twelve Tables. The sense of +historical analogy and evolution which had shown itself already in the +lectures on _Ancient Law_, which, after all, were mainly a presentment +of Roman legal history mapped out by a man of the world, averse from +pedantic disquisitions. But what appears as the expression of Maine's +personal aptitude and intelligent reading in _Ancient Law_ gets to be +the interpretation of popular legal principles by modern as well as by +ancient instances of their application in _Village Communities_, _The +Early History of Institutions_, _Early Law and Custom_. The evolution of +property in land out of archaic collectivism, ancient forms of contract +and compulsion, rudimentary forms of feudalism and the like, were +treated in a new light in consequence of systematic comparisons with the +conditions not only of India but of southern Slavonic nations, medieval +celts and Teutons. This breadth of view seemed startling when the +lectures appeared, and the original treatment of the subject was hailed +on all sides as a most welcome new departure in the study of legal +customs and institutions. And yet Maine set very definite boundaries to +his comparative surveys. He renounced the chronological limitation +confining such inquiries to the domain of antiquaries, but he upheld the +ethnographical limitation confining them to laws of the same race. In +his case it was the Aryan race, and in his _Law and Custom_ he opposed +in a determined manner the attempts of more daring students to extend to +the Aryans generalizations drawn from the life of savage tribes +unconnected with the Aryans by blood. + +Thus, notwithstanding all diversities in the treatment of particular +problems, one leading methodical principle runs through the works of all +the above-mentioned exponents of comparative study. It was to proceed on +the basis of common origin and on the assumption of a certain common +stock of language, religion, material culture, and law to start with. +What Pictet, Leist, Schrader, and Maine were doing for the Aryans, F. +Hommel, Robertson Smith and others did in a lesser degree for the +Semitic race. + +4. The literary group which started from the discoveries of comparative +philology and history was met on the way by what may be called the +ethnological school of inquirers. The original impetus was given, in +this case, by jurists and historians who took up the study in the field +of ancient history, but treated it from the beginning in such a way as +to break up the subdivisions of historic races and to direct the inquiry +to a state of culture best illustrated by savage customs. The first +impulse may be said to have come from J. J. Bachofen (_Mutterrecht_, +1861; _Antiquarische Briefe_, 1880; _Die Sage von Tanaquil_). All the +representatives of Aryan antiquities are at one in laying stress on the +patriarchal and agnatic system of the kindreds in the different Aryan +nations; even Leist, although dwelling on the importance of cognatic +ties, looks to agnatic relationship for the explanation of military +organization and political authority. And undoubtedly, if we argue from +the predominant facts and from the linguistic evidence of parallel +terms, we are led to assume that already before their separation the +Aryans lived in a patriarchal state of society. Now, Bachofen discovered +in the very tradition of classical antiquity traces of a fundamentally +different state of things, the central conception of which was not +patriarchal power, but maternity, relationship being traced through +mothers, the wife presenting the constant and directing element of the +household, while the husband (and perhaps several husbands) joined her +from time to time in more or less inconstant unions. Such a state of +society is definitely described by Herodotus in the case of the Lycians, +it is clearly noticeable even in later historical times in Sparta; the +passage from this matriarchal conception to the recognition of the +claims of the father is reflected in poetical fiction in the famous +Orestes myth, based on the struggle between the moral incitement which +prompted the son to avenge his father and the absolute reverence for the +mother required by ancient law. Although chiefly drawing his materials +from classical literature, Bachofen included in his _Antiquarian +Letters_ an interesting study of the marriage custom and systems of +relationship of the Malabar Coast in India; they attracted his attention +by the contrasts between different layers of legal tradition--the +Brahmans living in patriarchal order, while the class next to them, the +Nayirs (Nairs), follow rules of matriarchy. + +Similar ideas were put forward in a more comprehensive form by J. F. +McLennan. His early volume (_Studies in Ancient History_, 1876) contains +several essays published some time before that date. He starts from the +wide occurrence of marriage by capture in primitive societies, and +groups the tribes of which we have definite knowledge into endogamous +and exogamous societies according as they take their wives from among +the kindred or outside it. Marriage by capture and by purchase are signs +of exogamy, connected with the custom in many tribes of killing female +offspring. The development of marriage by capture and purchase is a +powerful agent in bringing about patriarchal rule, agnatic relationship, +and the formation of clans or _gentes_, but the more primitive forms of +relationship appear as variations of systems based on mother-right. +These views are supported by ethnological observations and used as a +clue to the history of relationship and family law in ancient Greece. In +further contributions published after McLennan's death these researches +are supplemented and developed in many ways. The peculiarities of +exogamous societies, for instance, are traced back to the even more +primitive practice of Totemism, the grouping of men according to their +conceptions of animal worship and to their symbols. McLennan's line of +inquiry was taken up in a very effective manner not only by +anthropologists like E. B. Tylor or A. Lang, but also in a more special +manner by students of primitive family law. One of the most brilliant +monographs in this direction is Robertson Smith's study of _Kinship and +Marriage in Arabia_. + +But perhaps the most decisive influence was exercised on the development +of the ethnological study of law by the discoveries of an American, +Lewis H. Morgan. In his epoch-making works on _Systems of Consanguinity_ +(1869) and on _Ancient Society_ (1877) he drew attention to the +remarkable fact that in the case of a number of tribes--the Red Indians +of America, the Australian black tribes, some of the polar races, and +several Asiatic tribes, mostly of Turanian race--degrees of relationship +are reckoned and distinguished by names, not as ties between +individuals, but as ties between entire groups, classes or generations. +Instead of a mother and a father a man speaks of fathers and mothers; +all the individuals of a certain group are deemed husbands or wives of +corresponding individuals of another group; sisters and brothers have to +be sought in entire generations, and not among the descendants of a +definite and common parent, and so forth. There are variations and types +in these forms of organization, and intermediate links may be traced +between unions of consanguine people--brothers and sisters of the same +blood--on the one hand, and the monogamic marriage prevailing nowadays, +on the other; but the central and most striking fact seems to be that in +early civilizations, in conditions which we should attribute to savage +and barbarian life, marriage appears as a tie, not between single pairs, +but between classes, all the men of a class being regarded as potential +or actual husbands of the women of a corresponding class. Facts of this +kind produce very peculiar and elaborate systems of relationship, which +have been copiously illustrated by Morgan in his tables. In his _Ancient +Society_ he attempted to reduce all the known forms and facts of +marriage and kinship arrangements to a comprehensive view of evolution +leading up to the Aryan, Semitic and Uralian family, as exhibiting the +most modern type of relationship. + +These observations, in conjunction with Bachofen's and McLennan's +teaching on mother-right, brought about a complete change of perspective +in the comparative study of man and society. The rights of ethnologists +to have their say in regard to legal, political and social development +was forcibly illustrated from both ends, as it were. On the one hand, +classical antiquity itself proved to be a rather thin layer of human +civilization hardly sufficient to conceal the long periods of barbarism +and primitive evolution which had gone to its making. On the other hand, +unexpected combinations in regard to family, property, social order, +were discovered in every corner of the inhabited world, and our trite +notions as to the character of laws and institutions were reduced to the +rank of variations on themes which recur over and over again, but may be +and have been treated in very different ways. + +There is no need to speak of the use made of ethnological material in +the wider range of anthropological and sociological studies--the works +of Tylor, Lubbock, Lippert, Spencer are in everybody's hands--but +attention must be called to the further influence of the ethnological +point of view in comparative jurisprudence. An interesting example of +the passage from one line of investigation to another, from the +historical to the anthropological line, if the expression may be used +for the sake of brevity, is presented in the works of one of the +founders of the _Zeitschrift für vgl. Rechtswissenschaft_--Franz +Bernhöft. He appears in his earlier books as an exponent of the +comparative study of Greek and Roman antiquities, more or less in the +style of Leist. Like the latter he was gradually incited to draw India +into the range of his observations, but unlike Leist, he ended by fully +recognizing the importance of ethnological evidence, and although he did +not do much original research in that direction himself, the influence +of Bachofen and of the ethnologists made itself felt in Bernhöft's +treatment of classical antiquity itself: in his _State and Law in Rome +at the Time of the Kings_ he starts from the view that patricians and +plebeians represent two ethnological layers of society--a patriarchal +Aryan and a matriarchal pre-Aryan one. + +But, of course, the utmost use was made of ethnological evidence by +writers who cut themselves entirely free from the special study of +classical or European antiquities. The enthusiasm of the explorers of +new territory led them naturally to disregard the peculiar claims of +European development in the history of higher civilization. They wanted +material for a study of the _genus homo_ in all its varieties, and they +had no time to look after the minute questions of philological and +antiquarian research which had so long constituted the daily bread of +inquirers into the history of laws. The most characteristic +representative of the new methods of extensive comparison was +undoubtedly A. H. Post (1839-1895)--the author of many works, in which +he ranges over the whole domain of mankind--Hovas, Zulus, Maoris, +Tunguses, alternating in a kaleidoscopic fashion with Hindus, Teutons, +Jews, Egyptians. The order of his compositions is systematic, not +chronological or even ethnographical in the sense of grouping kindred +races together. He takes up the different subdivisions of law and traces +them through all the various tribes which present any data in regard to +them. His method is not only not bound by history, it is opposed to it. +He writes:-- + + "The method of comparative ethnology is different from the historical + method, inasmuch as it collects the given material from an entirely + distinct point of view. Historical investigation tries to get at the + causes of the facts of rational life by observing the development of + these facts from such as preceded them within the range of separate + kindreds, tribes and peoples. The investigation of comparative + ethnology inquires after the causes of facts in national life by + collecting identical or similar ethnological data wherever they may be + found in the world, and by drawing inferences from these materials to + identical or similar causes. This method is therefore _quite + unhistorical_. It severs things that have been hitherto regarded as + closely joined and arranges these shreds into new combinations" + (_Grundriss_, i. 14). + +This is not a mere paradox, but the necessary outcome of the situation +in respect of the material used. What is being sought is not common +origin or a common stock of ideas, but recourse to similar expedients in +similar situations, and it is one of the most striking results of +ethnology that it can show how peoples entirely cut off from each other +and even placed in very different planes of development can resort to +analogous solutions in analogous emergencies. Is not the custom of the +so-called _Couvade_--the pretended confinement of the husband when a +child is born to his wife--a most quaint and seemingly recondite +ceremony? Yet we find it practised in the same way by Basques, +Californian Indians, and some Siberian tribes. They have surely not +borrowed from each other, nor have they kept the ceremony as a remnant +of the time when they formed one race: in each case, evidently the +passage from a matriarchal state to a patriarchal has suggested it, and +a very appropriate method it seems to establish the fact of fatherhood +in a solemn and graphic though artificial manner. Again, an inscription +from the Cretan town of Gortyn, published in the American _Journal of +Archaeology_ (2nd series, vol. i., 1897) by Halbherr, tells us that the +weapons of a warrior, the wool of a woman, the plough of a peasant, +could not be taken from them as pledges. We find a similar idea in the +prohibition to take from a knight his weapons, from a villein his +plough, in payment of fines, which obtained in medieval England and was +actually inserted in Magna Carta. Here also the similarity extends to +details, and is certainly not derived from direct borrowing or common +origin but from analogies of situations translating themselves into +analogies of legal thought. It may be said in a sense that for the +ethnological school the less relationship there is between the compared +groups the more instructive the comparison turns out to be. + +The collection of ethnological parallels for the use of sociology and +comparative jurisprudence has proceeded in a most fruitful manner. By +the side of special monographs about single tribes or geographical +groups of tribes, such as _Kamilaroi and Kurnai_, by L. Fison & A. W. +Howitt (1880), and _The Native Tribes of Australia_, by Baldwin Spencer +& F. G. Gillen (1899), the whole range of ethnological jurisprudence was +gone through by Wilken in regard to the inhabitants of the Dutch +possessions in Asia, by M. M. Kovalevsky in regard to Caucasians, &c. As +a rule the special monographs turned out to be more successful than the +general surveys, but the interest of the special monographs themselves +depended partly on the fact that people's eyes had been opened to the +recurrence of certain widespread phenomena and types of development. + +5. Ethnologists of Post's school have not had it entirely their own way, +however. Not only did their natural opponents, the philologists, +historians and jurists, reproach them with lack of critical +discrimination, with a tendency to disregard fundamental distinctions, +to wipe out characteristic features, to throw the most disparate +elements into the same pot. In their own ranks a number of conscientious +and scientifically trained investigators protested against the +haphazard manner in which the most intricate problems were treated, and +sought to evolve more definite methodical rules. P. and F. Sarrasin in +their description of the Ceylon Veddahs showed a most primitive race +scattered in small clusters, monogamous and patriarchal in their +marriage customs and systems of relationship. E. A. Westermarck +challenged the sweeping generalizations indulged in by many ethnologists +about primitive promiscuity in sexual relations and the necessary +passage of all human tribes through the stages of matriarchy and group +marriage. + +A very interesting departure was attempted by Dargun in his studies on +the origin and development of property and his treatise on mother-right +and marriage by capture. His lead was followed by R. Hildebrand in the +monograph on law and custom. The principal idea of these inquirers may +be stated as follows. We must utilize ethnological as well as historical +materials from the whole world, but it is no use doing this +indiscriminately. Fruitful comparisons may be instituted mainly in the +case of tribes on the same level in their general culture and especially +their economic pursuits. Hunting tribes must be primarily compared with +other hunters, fishers with fishers, pastoral nations with pastoral +nations, agriculturists with agriculturists; nations in transitional +stages from one type of culture to the other have to be grouped and +examined by themselves. The result would be to establish certain +parallel lines in the development of institutions and customs. From this +point of view both Dargun and Hildebrand attacked the prevailing theory +of primitive communism and insisted on the atomistic individualism of +the rudimentary civilization of hunting tribes. Collectivism in the +treatment of ownership, common field husbandry, practices of joint +holdings, co-aration, common stores, &c., make their appearance +according to Dargun in consequence of the drawing together of scattered +groups and smaller independent settlements. An evolution of the same +kind leading from loose unions around mothers through marriage by +capture to patriarchal kindreds was traced in the history of +relationship. Grosse (_Die Formen der Familie und der Wirtschaft_, 1896) +followed in a similar strain. Another line of criticism was opened up +from the side of exact sociological study. Its best exponent is +Steinmetz, who represents with Wilken the Dutch group of investigators +of social phenomena. He takes up a standpoint which severs him entirely +from the linguistic and historic school. In a discourse on the _Meaning +of Sociology_ (p. 10) he expresses himself in the following words: "One +who judges of the social state of the Hindus by the book of Manu takes +the ideal notions of one portion of the people for the actual conditions +of all its parts." In regard to jurisprudence he distinguishes carefully +between art and science. "Jurisprudence in the wider sense is an art, +the art of framing rules for social intercourse in so far as these rules +can be put into execution by the state and its organs, as well as the +art of interpreting and applying these rules. In another sense it is +pure science, the investigation of all consciously formulated and +actually practised rules, and of their conditions and foundations, in +fact of the entire social life of existing and bygone nations, without a +knowledge and understanding of which a knowledge and understanding of +law as its outcome is, of course, impossible." In this sense +jurisprudence is a part of ethnology and of the comparative history of +culture. But in order to grapple with such a tremendous task comparative +jurisprudence has not only to call to help the study of scattered +ethnological facts. This is not sufficient to widen the frame of +observation and to realize the relative character of the principles with +which practical lawyers operate, without ever putting in question their +general acceptance or logical derivations. Ethnological studies +themselves have to look for guidance to psychology, especially to the +psychology of emotional life and of character. Although these branches +of psychological science have been much less investigated than the study +of intellectual processes, they still afford material help to the +ethnologist and the comparative jurist; and Steinmetz himself made a +remarkable attempt to utilize a psychological analysis of the feelings +of revenge in his _Origins of Punishment_. + +6. The necessity of employing more stringent standards of criticisms and +more exact methods is now recognized, and it is characteristic that the +foremost contemporary representative of comparative jurisprudence, +Joseph Kohler of Berlin, principal editor of the _Zeitschrift für vgl. +Rechtswissenschaft_, often gives expression to this view. Beginning with +studies of procedure and private law in the provinces of Germany where +the French law of the Code Napoléon was still applied, he has thrown his +whole energy into monographic surveys and investigations in all the +departments of historical and ethnological jurisprudence. The code of +Khammurabi and the Babylonian contracts, the ancient Hindu codes and +juridical commentaries on them, the legal customs of the different +tribes and provinces of India, the collection and sifting of the legal +customs of aborigines in the German colonies in Africa, the materials +supplied by investigators of Australian and American tribes, the history +of legal customs of the Mahommedans, and numberless other points of +ethnological research, have been treated by him in articles in his +_Zeitschrift_ and in other publications. Comprehensive attempts have +also been made by him at a synthetic treatment of certain sides of the +law--like the law of debt in his _Shakespeare vor dem Forum der +Jurisprudenz_ (1883) or his _Primitive History of Marriage_. Undoubtedly +we have not to deal in this case with mere accumulation of material or +with remarks on casual analogies. And yet the importance of these works +consists mainly in their extensive range of observation. The critical +side is still on the second plane, although not conspicuously absent as +in the case of Post and some of his followers. We may sympathize +cordially with Kohler's exhortation to work for a universal history of +law without yet perceiving clearly what the stages of this universal +history are going to be. We may acknowledge the enormous importance of +Morgan's and Bachofen's discoveries without feeling bound to recognize +that all tribes and nations of the earth have gone substantially through +the same forms of development in respect of marriage custom, and without +admitting that the evidence for a universal spread of group-marriage has +been produced. Altogether the reproach seems not entirely unfounded that +investigations of this kind are carried on too much under the sway of a +preconceived notion that some highly peculiar arrangement entirely +different from what we are practising nowadays--say sexual promiscuity +or communism in the treatment of property--must be made out as a +universal clue to earlier stages of development. Kohler's occasional +remarks on matters of method (e.g. _Zeitschift für vgl. +Rechtswissenschaft_, xii. 193 seq.) seem hardly adequate to dispel this +impression. But in his own work and in that of some of his compeers and +followers, J. E. Hitzig, Hellwig, Max Huber, R. Dareste, more exact +forms and means of inquiry are gradually put into practice, and the +results testify to a distinct heightening of the scientific standard in +this group of studies on comparative jurisprudence. Especially +conspicuous in this respect are three tendencies: (a) the growing +disinclination to accept superficial analysis between phenomena +belonging to widely different spheres of culture as necessarily produced +by identical causes (e.g. Darinsky's review of Kovalevsky's assumptions +as to group marriage among the Caucasian tribes, _Z. für vgl. Rw._, xiv. +151 seq.); (b) the selection of definite historical or ethnological +territories for monographic inquiries, in the course of which +arrangements observed elsewhere are treated as suggestive material for +supplying gaps and starting possible explanations: Kohler's own +contributions have been mainly of this kind; (c) the treatment of +selected subjects by an intensive legal analysis, bringing out the +principles underlying one or the other rule, its possible +differentiation, the means of its application in practice, &c.: +Hellwig's monograph on the right of sanctuary in savage communities +(_Das Asylrecht der Naturvölker_) may be named in illustration of this +analytical tendency. Altogether, there can be no doubt that the stage +has been reached by comparative jurisprudence when, after a hasty, one +might almost say a voracious consumption of materials, investigators +begin to strive towards careful sifting of evidence and a conscious +examination of methods and critical rules which have to be followed in +order to make the investigations undertaken in this line worthy of +their scientific aims. Until the latter has been done many students, +whose trend of thought would seem to lead them naturally into this +domain, may be repelled by the uncritical indistinctness with which mere +analogies are treated as elusive proofs by some of the representatives +of the comparative school. F. W. Maitland, for instance, was always kept +back by such considerations. + +7. It is desirable, in conclusion, to review the entire domain of +comparative jurisprudence, and to formulate the chief principles of +method which have to be taken into consideration in the course of this +study. It is evident, to begin with, that a scientific comparison of +facts must be directed towards two aims--towards establishing and +explaining similarity, and towards enumerating and explaining +differences. As a matter of fact the same material may be studied from +both points of view, though logically these are two distinct processes. + +(a) Now at this initial stage we have already to meet a difficulty and +to guard against a misconception: we have namely to reckon with the +_plurality of causes_, and are therefore debarred from assuming that +wherever similar phenomena are forthcoming they are always produced by +identical causes. Death may be produced by various agents--by sickness, +by poison, by a blow. The habit of wearing mourning upon the death of a +relation is a widespread habit, and yet it is not always to be ascribed +to real or supposed grief and the wish to express it in one's outward +get-up. Savage people are known to go into mourning in order to conceal +themselves from the terrible spirit of the dead which would recognize +them in their everyday costume (Jhering, _Der Zweck im Recht_, 2nd ed., +1884-1886). This is certainly a momentous difficulty at the start, but +it can be greatly reduced and guarded against in actual investigation. +In the example taken we are led to suppose different origin because we +are informed as to the motives of the external ceremony, and thus we are +taught to look not only to bare facts, but to the psychological +environment in which they appear. And it is evident that the greater the +complexity of observed phenomena, the more they are made up of different +elements welded into one sum, the less probability there is that we have +to do with consequences derived from different causes. The recurrence of +group-marriage in Australia and among the Red Indians of North America +can in no way be explained by the working of entirely different +agencies. And it may be added that in most cases of an analysis of +social institutions the limits of human probability and reasonable +assumption do not coincide with mathematical possibility in any sense. +When we register our facts and causes in algebraic forms, marking the +first with _a_, _b_, _c_, and the latter with _x_, _y_, _z_, we are apt +to demand a degree of precision which is hardly ever to be met with in +dealing with social facts and causes. Let us rest content with +reasonable inferences and probable explanations. + +(b) The easiest way of explaining a given similarity is by attributing +it to a direct _loan_. The process of reception, of the borrowing of one +people from the other, plays a most notable part in the history of +institutions and ideas. The Japanese have in our days engrafted many +European institutions on their perfectly distinct civilization; the +Germans have used for centuries what was termed euphemistically the +Roman law of the present time (_heutiges römisches Recht_); the Romans +absorbed an enormous amount of Greek and Oriental law in their famous +jurisprudence. A check upon explanation by direct loan will, of course, +lie in the fact that two societies are entirely disconnected, so that it +comes to be very improbable that one drew its laws from the other. +Although migrations of words, legends, beliefs, charms, have been shown +by Theodor Benfey and his school to range over much wider areas than +might be supposed on the face of it, still, in the case of law, in so +far as it has to regulate material conditions, the limits have perhaps +to be drawn rather narrowly. In any case we shall not look to India in +order to explain the burning of widows among the negroes of Africa; the +_suttee_ may be the example of this custom which happens to be most +familiar to us, but it is certainly not the only root of it on the +surface of the earth. + +It is much more difficult to make out the share of direct borrowing in +the case of peoples who might conceivably have influenced one another. A +hard and fast rule cannot be laid down in such cases, and everything +depends on the weighing of evidence and sometimes on almost instinctive +estimates. The use of a wager for the benefit of the tribunal in the +early procedure of the Romans and Greeks, the _sacramentum_ and the +[Greek: prutaneia], with a similar growth of the sum laid down by the +parties in proportion to the interests at stake, has been explained by a +direct borrowing by the Romans from the Greeks at the time of the Twelve +Tables legislation (Hofmann, _Beiträge zur Geschichte des griechischen +und römischen Rechts_). No direct proof is available for this +hypothesis, and the question in dispute might have lain for ever between +this explanation and that based on the analogous development in the two +closely related branches of law. The further study of the legal +antiquities of other branches of the Aryan race leads one to suppose, +however, that we have actually to do with the latter and not with the +former eventuality. Why should the popular custom of the _Vzdání_ in +Bohemia (Kapras, "Das Pfandrecht in altböhmischen Landrecht," _Z. für +vgl. R.-wissenschaft_, xvii. 424 seq.), regulating the wager of +litigation in the case of two parties submitting their dispute to the +decision of a public tribunal, turn out to be so similar to the Greek +and the Roman process? And the Teutonic Wedde would further countenance +the view that we have to do in this case with analogous expediency or, +possibly, common origin, not loans. But while dwelling on considerations +which may disprove the assumption of direct loans, we must not omit to +mention circumstances that may render such an assumption the best +available explanation for certain points of similarity. We mean +especially the recurrence of special secondary traits not deducible from +the nature of the relations compared. Terminological parallels are +especially convincing in such cases. An example of most careful +linguistic investigation attended by important results is presented by +W. Thomsen's treatment of the affinities between the languages and +cultures of the peoples of northern and eastern Europe. Taking the +indications in regard to the influence of Germanic tribes on Finns and +Lapps, we find, for instance, that the Finnish race has stood for some +1500 or 2000 years under "the influence of several Germanic +languages--partly of a more ancient form of Gothic than that represented +by Ulfilas, partly of a northern (Scandinavian) tongue and even possibly +of a common Gothic-northern one." The importance of these linguistic +investigations for our subject becomes apparent when we find that a +series of most important legal and political terms has been imported +from Teutonic into Finnish. For example, the Finnish _Kuningas_, "king," +comes from a Germanic root illustrated by O. Norse _konung_, O. H. Ger. +_chuning_, A.-S. _cyning_, Goth. _thiudans_. The Finnish _valta_, +"power," "authority," is of Germanic origin, as shown by O. N. _vald_, +Goth. _valdan_. The Finnish _kihla_, a compact secured by solemn +promise, is akin with O. N. _gisl_, A.-S. _gisel_, O. H. Ger. _gisal_, +"hostage." The explanation for Finnish _vuokra_, "interest," "usury," is +to be found in Gothic _vokrs_, O. N. _okr_, Ger. _Wucher_, &c. (W. +Thomsen, _Über den Einfluss der germanischen Sprachen auf die +Finnisch-lappischen_, trans. E. Sievers, 1870, p. 166 seq.; cf. W. +Thomsen, _The Relations between Ancient Russia and Scandinavia and the +Origin of the Russian State_, p. 127 seq.; Miklosich, "Die Fremdwörter +in den slavischen Sprachen," _Denkschriften der Wiener Akademie_, Ph. +hist. Klasse, XV.). + +(c) The next group of analogies is formed by cases which may be reduced +to _common origin_. In addition to what has already been said on the +subject in connexion with the literature of the historical school, we +must point out that in the case of kindred peoples this form of +derivation has, of course, to be primarily considered. This is +especially the case when we have to deal with the original stock of +cultural notions of a race, and when analogies in the framing and +working of institutions and legal rules are supported by linguistic +affinities. The testimony of the Aryan languages in regard to terms +denoting family organization and relationship can in no way be +disregarded, whatever our view may be about the most primitive stages +of development in this respect. The fact that the common stock of Aryan +languages and of Aryan legal customs points to a patriarchal +organization of the family may be regarded as established, and it is +certainly an important fact drawn from a very ancient stage of human +history, although there are indications that still more primitive +formations may be discovered. + +Inferences in the direction of common origin become more doubtful when +we argue, not that certain facts proceed from a common stock of notions +embodied in the early culture of a race before it was broken up into +several branches, but that they have to be accounted for as instances of +a similar treatment of legal problems by different peoples of the same +ethnic family. The only thing that can be said in such a case is that, +methodically, the customs of kindred nations have the first claim to +comparison. It is evident that in dealing with blood feud, composition +for homicide, and the like, among the Germans or Slavs, the evidence of +other Aryan tribes has to be primarily studied. But it is by no means +useless for the investigator of these problems to inform himself about +the aspect of such customs in the life of nations of other descent, and +especially of savage tribes. The motives underlying legal rules in this +respect are to a large extent suggested by feelings and considerations +which are not in any way peculiarly Aryan, and may be fully illustrated +from other sources, as has been done e.g. in Steinmetz's _Origins of +Punishment_. + +(d) This leads to the consideration of what maybe called _disconnected +analogies_. They are instructive in so far as they go back, not to any +continuous development, but to the fundamental, psychological and +logical unity of human nature. In similar circumstances human beings are +likely to solve the same problems in the same way. Take a rather late +and special case. In the Anglo-Saxon laws of Ine, a king who lived in +the 7th century, it is enacted that no landowner should be allowed to +claim personal labour service from his tenants unless he provides them +not merely with land, but with their homesteads. Now an exactly similar +rule is found in the statement of rural by-laws to be enforced on great +domains in Africa, which had been taken over by the imperial fiscus--the +Lex Manciana (cf. Schulten, _Lex manciana_). There is absolutely no +reason for assuming a direct transference of the rule from one place to +the other: it reflects considerations of natural equity which in both +cases were directed against similar encroachments of powerful landowners +on a dependent peasant population. In both instances government +interfered to draw the line between the payment of rent and the +performance of labour, and fastened on the same feature to fix the +limit, namely, on the difference between peasants living in their own +homes and those who had been settled by the landowner on his farms. Of +such analogies, the study of savage life presents a great number, e.g. +the widely spread practices of purification by ordeal (H. C. Lea, +_Superstition and Force_). + +(e) Organizing thought always seeks to substitute order for chaotic +variety. Observations as to disconnected analogies lead to attempts to +systematize them from some comprehensive point of view. These attempts +may take the shape of a theory of _consecutive stages_ of development. +Similar facts appear over and over again in ethnological and antiquarian +evidence, because all peoples and tribes, no matter what their race and +geographical position, go through the same series of social +arrangements. This is the fundamental idea which directed the researches +of Maine, McLennan, Morgan, Post, Kohler, although each of these +scholars formulated his sequence of stages in a peculiar way. McLennan, +for instance, puts the idea referred to in the following words:-- + + "In short, it is suggested to us, that the history of human society is + that of a development following very slowly one general law, and that + the variety of forms of life--of domestic and civil institution--is + ascribable mainly to the unequal development of the different sections + of mankind.... The first thing to be done is to inform ourselves of + the facts relating to the least developed races. To begin with them is + to begin with history at the farthest-back point of time to which, + except by argument and inference, we can reach. Their condition, as + it may to-day be observed, is truly the most ancient condition of man" + (_Studies in Ancient History_, 2nd series, 9, 15). + +On this basis we might draw up tables of consecutive stages, of which +the simplest may be taken from Post:-- + + "Four types of organization: the tribal, the territorial, the + seignorial, and the social. The first has as its basis marriage and + relationship by blood; the second, neighbouring occupation of a + district; the third, patronage relations between lord and dependants; + the fourth, social intercourse and contractual relations between + individual personalities" (Post, _Grundriss_, i. 14). + +This may be supplemented from Friedrichs in regard to initial stages of +family organization. He reckons four stages of this kind: promiscuity, +loose relations, matriarchal family, patriarchal family, modern, +bilateral family (_Z. f. vgl. R. wissenschaft_). This mode of grouping +similar phenomena as a sequence of stages leads to a conception of +universal history of a peculiar kind. And as such it has been realized +and advocated by Kohler (see e.g. his article in Helmolt's _World's +History_, Eng. trans. i.). Prompted by this conception several +representatives of comparative jurisprudence have found no difficulty to +insert such a peculiar institution as group-marriage into the general +and obligatory course of legal evolution. It is to be noticed, however, +that Kohler himself has entered a distinct protest against McLennan's +and Post's view that the more rudimentary a people's culture is, the +more archaic it is, and the earlier it has to be placed in the natural +sequence of evolution. This would create difficulties in the case of +tribes of exceedingly low culture, like the Ceylon Veddahs, who live in +monogamous and patriarchal groups. According to Kohler's view, neither +the mere fact of a low standard of culture, nor the fact that a certain +legal custom precedes another in some cases in point of time, settles +the natural sequence of development. The process of development must be +studied in cases when it is sufficiently clear, gaps in other cases have +to be supplied accordingly, and the working together of distinct +institutions, especially in cases when there is no ethnic connexion has +to be especially noticed. These are counsels of perfection, but Kohler's +own example shows sufficiently that it is not easy to follow them to the +letter. One thing is, however, clearly indicated by these and similar +criticisms; it is, at the least, premature to sketch anything like a +course of universal development for legal history. We have grave doubts +whether the time will ever come for laying down any single course of +that kind. The attempts made hitherto have generally led to overstating +the value of certain parts of the evidence and to squeezing special +traits into a supposed general course of evolution. + +(f) Another group of thinkers is therefore content to systematize and +explain the material from the point of view, not of universal history, +but of _correspondence to economic stages and types_. This is, as we +have seen, the leading idea in Dargun's or Hildebrand's investigations. +It is needless to go into the question of the right or wrong of +particular suggestions made by these writers. The place assigned to +individualism and collectivism may be adequate or not; how far can be +settled only by special inquiries. But the general trend of study +initiated in this direction is certainly a promising one, if only one +consideration of method is well kept in view. Investigators ought to be +very chary of laying down certain combinations as the necessary outcome +of certain economic situations. Such combinations or consequences +certainly exist; pastoral husbandry, the life of scattered hunting +groups, the conditions of agriculturists under feudal rule, certainly +contain elements which will recur in divers ethnical surroundings. But +we must not forget a feature which is constantly before our eyes in real +life: namely, that different minds and characters will draw different +and perhaps opposite conclusions in exactly similar outward conditions. +This may happen in identical or similar geographical environment; let us +only think of ancient Greeks and Turks on the Balkan peninsula, or of +ancient Greeks and modern Greeks for that matter. But even the same +_historical medium_ leaves, as a rule, scope for treatment of legal +problems on divers lines. Take systems of succession. They exercise the +most potent influence on the structure and life of society. Undivided +succession, whether in the form of primogeniture or in that of junior +right, sacrifices equity and natural affection to the economic +efficiency of estates. Equal-partition rules, like _gavelkind_ or +_parage_, lead in an exactly opposite direction. And yet both sets of +rules coexisted among the agriculturists of feudal England; communities +placed in nearly identical historical positions followed one or the +other of these rules. The same may be said of types of dwelling and +forms of settlement. In other words, it is not enough to start from a +given economic condition as if it were bound to regulate with fatalistic +precision all the incidents of legal custom and social intercourse. We +have to start from actual facts as complex results of many causes, and +to try to reduce as much as we can of this material to the action of +economic forces in a particular stage or type of development. + +(g) The psychological diversities of mankind in dealing with the same or +similar problems of food and property, of procreation and marriage, of +common defence and relationship, of intercourse and contrast, &c., open +another possibility for the grouping of facts and the explanation of +their evolution. It may be difficult or impossible to trace the reasons +and causes of synthetic combinations in the history of society. That is, +we can hardly go beyond noting that certain disconnected features of +social life appear together and react on each other. But it is easier +and more promising to approach the mass of our material from the +_analytical_ side, taking hold of certain principles, or rules, or +institutions, and tracing them to their natural consequences either +through a direct systematization of recorded facts or, when these fail, +through logical inferences. Some of the most brilliant and useful work +in the historical study of law has been effected on these lines. +Mommsen's theory of Roman magistracy, Jhering's theory of the struggle +for right, Kohler's view of the evolution of contract, &c., have been +evolved by such a process of legal analysis; and, even when such +generalizations have to be curtailed or complicated later on, they serve +their turn as a powerful means of organizing evidence and suggesting +reasonable explanations. The attribute of "reasonableness" has to be +reckoned with largely in such cases. Analytical explanations are +attractive to students because they substitute logical clearness for +irrational accumulation of traits and facts. They do so to a large +extent through appeals to the logic and to the reason common to us and +to the people we are studying. This deductive element has to be closely +watched and tested from the side of a concrete study of the evidence, +but it seems destined to play a very prominent part in the comparative +history of law, because legal analysis and construction have at all +times striven to embody logic and equity in the domain of actual +interests and forces. And, as we have seen in our survey of the +literature of the subject, recent comparative studies tend to make the +share of juridical analysis in given relative surroundings larger and +larger. What is so difficult of attainment to single workers--a +harmonious appreciation of the combined influences of common origin, +reception of foreign custom, recurring psychological combinations, the +driving forces of economic culture and of the dialectical process of +legal thought, will be achieved, it may be hoped, by the enthusiastic +and brotherly exertions of all the workers in the field. + + BIBLIOGRAPHY.--Of the principal works of reference may be mentioned: + _Zeitschrift für vergleichende Rechtswissenschaft_, edited by + Bernhöft, Cohn and Kohler (1878- ); _Nouvelle revue historique de + droit français et étranger_, edited by Dareste, Esmein, Appert, + Fournier, Tardiff and Prou (1877- ); A. Pictet, _Les Origines + indo-européennes_ (i. 1859, ii. 1863); Fustel de Coulanges, _La Cité + antique_ (1890); W. E. Hearn, _The Aryan Household_ (1879); R. v. + Jhering, _Vorgeschichte der Indoeuropäer_ (1894); B. W. Leist, + _Graekoitalische Rechtsgeschichte_ (1884), _Alt-arisches Jus Gentium_ + (1889), _Alt-arisches Jus Civile_ (1892-1896); Hruza, _Geschichte des + griechischen und römischen Familienrechtes_ (1893); O. Schrader, + _Urgeschichte und Sprachvergleichung_ (1890), _Reallexikon des + indo-germanischen Altertumskunde_ (1901); B. Delbrück, _Die + indo-germanischen Verwandtschaftsnamen_ (1889), _Das Mutterrecht bei + den Indogermanen_; Sir H. S. Maine, _Ancient Law_, with notes by Sir + F. Pollock (1906), _Village Communities_ (1871), _Early History of + Institutions_ (1875), _Early Law and Custom_ (1883); M. H. d'Arbois de + Jubainville, _Études de droit celtique_ (1895), _La Famille celtique_ + (1905); J. J. Bachofen, _Das Mutterrecht_ (1861), _Antiquarische + Briefe_ (1880); J. F. McLennan, _Studies in Ancient History_ (1876), + _Patriarchal Theory_ (1885), _Studies in Ancient History_ (2nd series, + 1896); Giraud Teulon, _Origines de la famille et du mariage_ (1884); + L. H. Morgan, "Systems of Consanguinity" in the publications of the + Smithsonian Institution, vol. xvii. (1869); _Ancient Society_ (1877); + E. B. Tylor, _Primitive Culture_ (1871); Lord Avebury (Sir J. + Lubbock), _Origin of Civilization_ (1870); J. Lippert, + _Kulturgeschichte der Menschheit_ (1887); W. Robertson Smith, _Kinship + and Marriage in Arabia_ (1885); F. Bernhöft, _Staat und Recht der + römischen Königszeit im Verhältniss zu verwandten Rechten_ (1882); A. + H. Post, _Aufgaben einer allgemeinen Rechtswissenschaft_ (1891), _Die + Anfänge des Staatsund Rechtslebens_ (1878), _Bausteine einer + allgemeinen Rechtsgeschichte auf vergleichend-ethnologischer Basis_ + (1881), _Einleitung in das Studium der ethnologischen Jurisprudenz_ + (1886), _Grundlagen des Rechts und Grundzüge seiner + Entwickelungsgeschichte_ (1882), _Studien zur Entwicklungsgeschichte + des Familienrechts_ (1889), _Afrikanische Jurisprudenz_ (1887), + _Grundriss der ethnologischen Jurisprudenz_ (1894); Wilken, _Das + Matriarchat im alten Arabien_ (1884); M. M. Kovalevsky, _Coutume + contemporaine et loi ancienne_ (1893), _Gesetz und Gewohnheit im + Kaukasus_ (1890), _Tableau du développement de la famille et de la + propriété_ (1889); Dargun, "Mutterrecht und Raubehe," in Otto Gierke's + _Untersuchungen zur deutschen Staats- und Rechtsgeschichte_ (1883); R. + Hildebrand, _Das Problem einer allgemeinen Entwicklungsgeschichte des + Rechts und der Sitte_ (1894), _Recht und Sitte auf den verschiedenen + wirtschaftlichen Kulturstufen_ (1896); E. Grosse, _Die Formen der + Familie und der Wirtschaft_ (1896); E. A. Westermarck, _History of + Human Marriage_ (1894), _The Origin and Development of the Moral + Ideas_ (1906); C. N. Starcke, _Die primitive Familie_ (1888); G. + Tarde, _Les Transformations du droit_ (2nd ed., 1894); Steinmetz, + _Ethnologische Studien zur ersten Entwicklung der Strafe_ (1894); J. + Kohler, _Das Recht als Kulturerscheinung: Einleitung in die + vergleichende Rechtswissenschaft_ (1885), _Shakespeare vor dem Forum + der Jurisprudenz_ (1884), "Das chinesische Strafrecht," _Beitrag zur + Universalgeschichte des Strafrechts_ (1886), _Rechtsvergleichende + Studien über islamitisches Recht, Recht der Berbern, chinesisches + Recht und Recht auf Ceylon_ (1889), _Altindisches Prozessrecht_ + (1892), _Zur Urgeschichte der Ehe_ (1897), _Kulturrechte des Alten + Amerikas, das Recht der Azteken_ (1892), _Das Negerrecht_ (1895); + Kohler and Peisker, _Aus dem babylonischen Rechtsleben_ (1890), + _Hammurubi's Gesetz_ (1904); A. Lang, _The Secret of the Totem_ + (1905); P. J. H. Grierson, _The Silent Trade_ (1903); J. G. Frazer, + _Lectures on the Early History of the Kingship_ (1905); R. Dareste, + _Études d'histoire de droit_ (1889), _Nouvelles études d'histoire de + droit_ (1896); Lambert, _La Fonction du droit civil comparé_ (1903); + Fritz Hommel, _Semitische Alterthumskunde_ (Eng. trans., _The Ancient + Hebrew Tradition as illustrated by the Monuments_, 1897); H. C. Lea, + _Superstition and Force_ (1866); A. Hellwig, _Das Asylrecht der + Naturvölker_ (Berliner juristische Beiträge, 1893); F. Seebohm, + _Tribal Custom in Anglo-Saxon Law_ (1902). (P. Vi.) + + + + +JURJANI, the name of two Arabic scholars. + +1. ABU BAKR 'ABDU-L-QAHIR IBN 'ABDUR-RAHMAN UL-JURJANI (d. 1078,) +Arabian grammarian, belonged to the Persian school and wrote a famous +grammar, the _Kitab ul-'Awamil ul-Mi'a or Kitab Mi'at 'Amil_, which was +edited by Erpenius (Leiden, 1617), by Baillie (Calcutta, 1803), and by +A. Lockett (Calcutta, 1814). Ten Arabic commentaries on this work exist +in MS., also two Turkish. It has been versified five times and +translated into Persian. Another of his grammatical works on which +several commentaries have been written is the _Kitab Jumal fin-Nahw_. + + For other works see C. Brockelmann's _Gesch. der Arabischen + Litteratur_ (1898), i. 288. + +2. 'ALI IBN MAHOMMED UL-JURJANI (1339-1414), Arabian encyclopaedic +writer, was born near Astarabad and became professor in Shiraz. When +this city was plundered by Timur (1387) he removed to Samarkand, but +returned to Shiraz in 1405, and remained there until his death. Of his +thirty-one extant works, many being commentaries on other works, one of +the best known is the _Ta'rifat_ (_Definitions_), which was edited by G. +Flügel (Leipzig, 1845), published also in Constantinople (1837), Cairo +(1866, &c.), and St Petersburg (1897). (G. W. T.) + + + + +JURY, in English law, a body of laymen summoned and sworn (_jurati_) to +ascertain, under the guidance of a judge, the truth as to questions of +fact raised in legal proceedings whether civil or criminal. The +development of the system of trial by jury has been regarded as one of +the greatest achievements of English jurisprudence; it has even been +said that the ultimate aim of the English constitution is "to get twelve +good men into a box."[1] In modern times the English system of trial by +jury has been adopted in many countries in which jury trial was not +native or had been strangled or imperfectly developed under local +conditions. + +The origin of the system in England has been much investigated by +lawyers and historians. The result of these investigations is a fairly +general agreement that the germ of jury trial is to be found in the +Frankish inquest (_recognitio_ or _inquisitio_) transplanted into +England by the Norman kings. The essence of this inquest was the +summoning of a body of neighbours by a public officer to give answer +upon oath (_recognoscere veritatem_) on some question of fact or law +(_jus_), or of mixed fact and law. At the outset the object of the +inquiry was usually to obtain information for the king, e.g. to +ascertain facts needed for assessing taxation. Indeed Domesday Book +appears to be made up by recording the answers of inquests. + +The origin of juries is very fully discussed in W. Forsyth's _History of +Trial by Jury_ (1852), and the various theories advanced are more +concisely stated in W. Stubbs's _Constitutional History_ (vol. i.) and +in E. A. Freeman's _Norman Conquest_ (vol. v.). Until the modern +examination of historical documents proved the contrary, the jury +system, like all other institutions, was popularly regarded as the work +of a single legislator, and in England it has been usually assigned to +Alfred the Great. This supposition is without historical foundation, nor +is it correct to regard the jury as "copied from this or that kindred +institution to be found in this or that German or Scandinavian land," or +brought over ready made by Hengist or by William.[2] "Many writers of +authority," says Stubbs, "have maintained that the entire jury system is +indigenous in England, some deriving it from Celtic tradition based on +the principles of Roman law, and adopted by the Anglo-Saxons and Normans +from the people they had conquered. Others have regarded it as a product +of that legal genius of the Anglo-Saxons of which Alfred is the mythical +impersonation, or as derived by that nation from the customs of +primitive Germany or from their intercourse with the Danes. Nor even +when it is admitted that the system of 'recognition' was introduced from +Normandy have legal writers agreed as to the source from which the +Normans themselves derived it. One scholar maintains that it was brought +by the Norsemen from Scandinavia; another that it was derived from the +processes of the canon law; another that it was developed on Gallic soil +from Roman principles; another that it came from Asia through the +crusades," or was borrowed by the Angles and Saxons from their Slavonic +neighbours in northern Europe. The true answer is that forms of trial +resembling the jury system in various particulars are to be found in the +primitive institutions of all nations. That which comes nearest in time +and character to trial by jury is the system of recognition by sworn +inquest, introduced into England by the Normans. "That inquest," says +Stubbs, "is directly derived from the Frank capitularies, into which it +may have been adopted from the fiscal regulations of the Theodosian +code, and thus own some distant relationship with the Roman +jurisprudence." However that may be, the system of "recognition" +consisted in questions of fact, relating to fiscal or judicial business, +being submitted by the officers of the crown to sworn witnesses in the +local courts. Freeman points out that the Norman rulers of England were +obliged, more than native rulers would have been, to rely on this system +for accurate information. They needed to have a clear and truthful +account of disputed points set before them, and such an account was +sought for in the oaths of the recognitors.[3] The Norman conquest, +therefore, fostered the growth of those native germs common to England +with other countries out of which the institution of juries grew. +Recognition, as introduced by the Normans, is only, in this point of +view, another form of the same principle which shows itself in the +compurgators, in the _frith-borh_ (frank-pledge), in every detail of the +action of the popular courts before the conquest. Admitting with Stubbs +that the Norman recognition was the instrument which the lawyers in +England ultimately shaped into trial by jury, Freeman maintains none the +less that the latter is distinctively English. Forsyth comes to +substantially the same conclusion. Noting the jury germs of the +Anglo-Saxon period, he shows how out of those elements, which continued +in full force under the Anglo-Normans, was produced at last the +institution of the jury. "As yet it was only implied in the requirement +that disputed questions should be determined by the voice of sworn +witnesses taken from the neighbourhood, and deposing to the truth of +what they had seen or heard." The conclusions of Sir F. Pollock and F.W. +Maitland, expressed in their _History of English Law_, and based on a +closer study, are to the same effect. + +This inquest then was a royal institution and not a survival from +Anglo-Saxon law or popular custom, under which compurgation and the +ordeal were the accepted modes of trying issues of fact. + +The inquest by recognition, formerly an inquest of office, i.e. to +ascertain facts in the interests of the crown or the exchequer, was +gradually allowed between subjects as a mode of settling disputes of +fact. This extension began with the assize of novel disseisin, whereby +the king protected by royal writ and inquest of neighbours every seisin +of a freehold. This was followed by the grand assize, applicable to +questions affecting freehold or status. A defendant in such an action +was enabled by an enactment of Henry II. to decline trial by combat and +choose trial by assize, which was conducted as follows. The sheriff +summoned four knights of the neighbourhood, who being sworn chose the +twelve lawful knights most cognisant of the facts, to determine on their +oaths which had the better right to the land. If they all knew the facts +and were agreed as to their verdict, well and good; if some or all were +ignorant, the fact was certified in court, and new knights were named, +until twelve were found to be agreed. The same course was followed when +the twelve were not unanimous. New knights were added until the twelve +were agreed. This was called afforcing the assize. At this time the +knowledge on which the jurors acted was their own personal knowledge, +acquired independently of the trial. "So entirely," says Forsyth, "did +they proceed upon their own previously formed view of the facts in +dispute that they seem to have considered themselves at liberty to pay +no attention to evidence offered in court, however clearly it might +disprove the case which they were prepared to support." The use of +recognition is prescribed by the constitutions of Clarendon (1166) for +cases of dispute as to lay or clerical tenure. See Forsyth, p. 131; +Stubbs, i. 617. + +This procedure by the assize was confined to real actions, and while it +preceded, it is not identical with the modern jury trial in civil cases, +which was gradually introduced by consent of the parties and on pressure +from the judges. Jury trial proper differs from the grand and petty +assizes in that the assizes were summoned at the same time as the +defendant to answer a question formulated in the writ; whereas in the +ordinary jury trial no order for a jury could be made till the parties +by their pleadings had come to an issue of fact and had put themselves +on the country, _posuerunt se super patriam_ (Pollock and Maitland, i. +119-128; ii. 601, 615, 621). + +_The Grand Jury._--In Anglo-Saxon times there was an institution +analogous to the grand jury in criminal cases, viz. the twelve senior +thegns, who, according to an ordinance of Æthelred II., were sworn in +the county court that they would accuse no innocent man and acquit no +guilty one. The twelve thegns were a jury of presentment or accusation, +like the grand jury of later times, and the absolute guilt or innocence +of those accused by them had to be determined by subsequent +proceedings--by compurgation or ordeal. Whether this is the actual +origin of the grand jury or not, the assizes of Clarendon (1166) and +Northampton (1176) establish the criminal jury on a definite basis. + +In the laws of Edward the Confessor and the earlier Anglo-Saxon kings +are found many traces of a public duty to bring offenders to justice, +by hue and cry, or by action of the _frith-borh_, township, tithing or +hundred. By the assize of Clarendon it is directed that inquiry be made +in each county and in each hundred by twelve lawful (_legaliores_) men +of the hundred, and by four lawful men from each of the four vills +nearest to the scene of the alleged crime, on oath to tell the truth if +in the hundred or vill there is any man accused (_rettatus aut +publicatus_) as a robber or murderer or thief, or receiver of such. The +assize of Northampton added forgery of coin or charters (_falsonaria_) +and arson. The inquiry is to be held by the justices in eyre, and by the +sheriffs in their county courts. On a finding on the oath aforesaid, the +accused was to be taken and to go to the ordeal. By the articles of +visitation of 1194, four knights are to be chosen from the county who by +their oath shall choose two lawful knights of each hundred or wapentake, +or, if knights be wanting, free and legal men, so that the twelve may +answer for all matters within the hundred, including, says Stubbs, "all +the pleas of the crown, the trial of malefactors and their receivers, as +well as a vast amount of civil business." The process thus described is +now regarded as an employment of the Frankish inquest for the collection +of _fama publica_. It was alternative to the rights of a private accuser +by appeal, and the inquest were not exactly either accusers or +witnesses, but gave voice to public repute as to the criminality of the +persons whom they presented. From this form of inquest has developed the +grand jury of presentment or accusation, and the coroner's inquest, +which works partly as a grand jury as to homicide cases, and partly as +an inquest of office as to treasure trove, &c. + +The number of the grand jury is fixed by usage at not less than twelve +nor more than twenty-three jurors. Unanimity is not required, but twelve +must concur in the presentment or indictment.[4] This jury retains so +much of its ancient character that it may present of its own knowledge +or information, and is not tied down by rules of evidence. After a +general charge by the judge as to the bills of indictment on the file of +the court, the grand jury considers the bills in private and hears upon +oath in the grand jury chamber some or all the witnesses called in +support of an indictment whose names are endorsed upon the bill. It does +not as a rule hear counsel or solicitors for the prosecution, nor does +it see or hear the accused or his witnesses, and it is not concerned +with the nature of the defence, its functions being to ascertain whether +there is a prima facie case against the accused justifying his trial. If +it thinks that there is such a case, the indictment is returned into +court as a true bill; if it thinks that there is not, the bill is +ignored and returned into court torn up or marked "no bill," or +"_ignoramus_." Inasmuch as no man can be put on trial for treason or +felony, and few are tried for misdemeanour, without the intervention of +the grand jury, the latter has a kind of veto with respect to criminal +prosecutions. The grand jurors are described in the indictment as "the +jurors for our lord the king." As such prosecutions in respect of +indictable offences are now in almost all cases begun by a full +preliminary inquiry before justices, and inasmuch as cases rarely come +before a grand jury until after committal of the accused for trial, the +present utility of the grand jury depends very much on the character of +the justices' courts. As a review of the discretion of stipendiary +magistrates in committing cases for trial, the intervention of the grand +jury is in most cases superfluous; and even when the committing justices +are not lawyers, it is now a common opinion that their views as to the +existence of a case to be submitted to a jury for trial should not be +over-ridden by a lay tribunal sitting in private, and in this opinion +many grand jurors concur. But the abolition of the grand jury would +involve great changes in criminal procedure for which parliament seems +to have no appetite. Forsyth thinks that the grand jury will often +baffle "the attempts of malevolence" by ignoring a malicious and +unfounded prosecution; but it may also defeat the ends of justice by +shielding a criminal with whom it has strong political or social +sympathies. The qualification of the grand jurymen is that they should +be freeholders of the county--to what amount appears to be +uncertain--and they are summoned by the sheriff, or failing him by the +coroner. + +The _coroner's jury_ must by statute (1887) consist of not more than +twenty-three nor less than twelve jurors. It is summoned by the coroner +to hold an inquest _super visum corporis_ in cases of sudden or violent +death, and of death in prisons or lunatic asylums, and to deal with +treasure trove. The qualification of the coroner's jurors does not +depend on the Juries Acts 1825 and 1870, and in practice they are drawn +from householders in the immediate vicinity of the place where the +inquest is held. Unanimity is not required of a coroner's jury; but +twelve must concur in the verdict. If it charges anyone with murder or +manslaughter, it is duly recorded and transmitted to a court of assize, +and has the same effect as an indictment by a grand jury, i.e. it is +accusatory only and is not conclusive, and is traversable, and the issue +of guilt or innocence is tried by a petty jury. + +_The Petty Jury._--The ordeal by water or fire was used as the final +test of guilt or innocence until its abolition by decree of the Lateran +council (1219). On its abolition it became necessary to devise a new +mode of determining guilt as distinguished from ill fame as charged by +the grand jury. So early as 1221 accused persons had begun to put +themselves on the country, or to pay to have a verdict for "good or +ill"; and the trial seems to have been by calling for the opinions of +the twelve men and the four townships, who may have been regarded as a +second body of witnesses who could traverse the opinion of the hundred +jury. (See Pollock and Maitland, ii. 646.) The reference to _judicium +parium_ in Magna Carta is usually taken to refer to the jury, but it is +clear that what is now known as the petty jury was not then developed in +its present form. "The history of that institution is still in +manuscript," says Maitland. + +It is not at all clear that at the outset the trial by the country (_in +pais_; _in patria_) was before another and different jury. The earliest +instances look as if the twelve men and the four vills were the _patria_ +and had to agree. But by the time of Edward I. the accused seems to have +been allowed to call in a second jury. A person accused by the inquest +of the hundred was allowed to have the truth of the charge tried by +another and different jury.[5] "There is," says Forsyth, "no possibility +of assigning a date to this alteration." "In the time of Bracton (middle +of the 13th century) the usual mode of determining innocence or guilt +was by combat or appeal. But in most cases the appellant had the option +of either fighting with his adversary or putting himself on his country +for trial"--the exceptions being murder by secret poisoning, and certain +circumstances presumed by the law to be conclusive of guilt.[6] But the +separation must have been complete by 1352, in which year it was enacted +"that no indictor shall be put in inquests upon deliverance of the +indictees of felonies or trespass if he be challenged for that same +cause by the indictee." + +The jurors, whatever their origin, differed from the Saxon doomsmen and +the jurats of the Channel Islands in that they adjudged nothing; and +from compurgators or oath-helpers in that they were not witnesses +called by a litigant to support his case (Pollock and Maitland, i. 118). +Once established, the jury of trial whether of actions or indictments +developed on the same lines. But at the outset this jury differed in one +material respect from the modern trial jury. The ancient trial jury +certify to the truth from their knowledge of the facts, however +acquired. In other words, they resemble witnesses or collectors of local +evidence or gossip rather than jurors. The complete withdrawal of the +witness character from the jury is connected by Forsyth with the ancient +rules of law as to proof of written instruments, and a peculiar mode of +trial _per sectam_. When a deed is attested by witnesses, you have a +difference between the testimony of the witness, who deposes to the +execution of the deed, and the verdict of the jury as to the fact of +execution. It has been contended with much plausibility that in such +cases the attesting witnesses formed part of the jury. Forsyth doubts +that conclusion, although he admits that, as the jurors themselves were +originally mere witnesses, there was no distinction in principle between +them and the attesting witnesses, and that the attesting witnesses might +be associated with the jury in the discharge of the function of giving a +verdict. However that may be, in the reign of Edward III., although the +witnesses are spoken of "as joined to the assize," they are +distinguished from the jurors. The trial _per sectam_ was used as an +alternative to the assize or jury, and resembled in principle the system +of compurgation. The claimant proved his case by vouching a certain +number of witnesses (_secta_), who had seen the transaction in question, +and the defendant rebutted the presumption thus created by vouching a +larger number of witnesses on his own side. In cases in which this was +allowed, the jury did not interpose at all, but in course of time the +practice arose of the witnesses of the _secta_ telling their story to +the jury. In these two instances we have the jury as judges of the facts +sharply contrasted with the witnesses who testify to the facts; and, +with the increasing use of juries and the development of rules of +evidence, this was gradually established as the true principle of the +system. In the reign of Henry IV. we find the judges declaring that the +jury after they have been sworn should not see or take with them any +other evidence than that which has been offered in open court. But the +personal knowledge of the jurors was not as yet regarded as outside the +evidence on which they might found a verdict, and the stress laid upon +the selection of jurymen from the neighbourhood of the cause of the +action shows that this element was counted on, and, in fact, deemed +essential to a just consideration of the case. Other examples of the +same theory of the duties of the jury may be found in the language used +by legal writers. Thus it has been said that the jury may return a +verdict although no evidence at all be offered, and again, that the +evidence given in court is not binding on the jury, because they are +assumed from their local connexion to be sufficiently informed of the +facts to give a verdict without or in opposition to the oral evidence. A +recorder of London, _temp._ Edward VI., says that, "if the witnesses at +a trial do not agree with the jurors, the verdict of the twelve shall be +taken and the witnesses shall be rejected." Forsyth suggests as a reason +for the continuance of this theory that it allowed the jury an escape +from the _attaint_, by which penalties might be imposed on them for +delivering a false verdict in a civil case. They could suggest that the +verdict was according to the fact, though not according to the evidence. + +In England the trial jury (also called petty jury or traverse jury) +consists of twelve jurors, except in the county court, where the number +is eight. In civil but not in criminal cases the trial may by consent be +by fewer than twelve jurors, and the verdict may by consent be that of +the majority. The rule requiring a unanimous verdict has been variously +explained. Forsyth regards the rule as intimately connected with the +original character of the jury as a body of witnesses, and with the +conception common in primitive society that safety is to be found in the +number of witnesses, rather than the character of their testimony. The +old notion seems to have been that to justify an accusation, or to find +a fact, twelve sworn men must be agreed. The afforcing of the jury, +already described, marks an intermediate stage in the development. Where +the juries were not unanimous new jurors were added until twelve were +found to be of the same opinion. From the unanimous twelve selected out +of a large number to the unanimous twelve constituting the whole jury +was a natural step, which, however, was not taken without hesitation. In +some old cases the verdict of eleven jurors out of twelve was accepted, +but it was decided in the reign of Edward III. that the verdict must be +the unanimous opinion of the whole jury. Diversity of opinion was taken +to imply perversity of judgment, and the law sanctioned the application +of the harshest methods to produce unanimity. The jurors while +considering their verdict were not allowed a fire nor any refreshment, +and it is said in some of the old books that, if they failed to agree, +they could be put in a cart and drawn after the justices to the border +of the county, and then upset into a ditch. These rude modes of +enforcing unanimity has been softened in later practice, but in criminal +cases the rule of unanimity is still absolutely fixed. + +In civil cases and in trials for misdemeanour, the jurors are allowed to +separate during adjournments and to return to their homes; in trials for +treason, treason-felony and murder, the jurors, once sworn, must not +separate until discharged. But by an act of 1897 jurors on trials for +other felonies may be allowed by the court to separate in the same way +as on trials for misdemeanour. + +These rules do not apply to a jury which has retired to consider its +verdict. During the period of retirement it is under the keeping of an +officer of the court. + +At common law aliens were entitled to be tried by a jury _de medietate +linguae_--half Englishmen, half foreigners, not necessarily compatriots +of the accused. This privilege was abolished by the Naturalization Act +1870; but by the Juries Act 1870 aliens who have been domiciled in +England or Wales for ten years or upwards, if in other respects duly +qualified, are liable to jury service as if they were natural-born +subjects (s. 8). + +A jury of matrons is occasionally summoned, viz. on a writ _de ventre +inspiciendo_, or where a female condemned to death pleads pregnancy in +stay of execution. + +The jurors are selected from the inhabitants of the county, borough or +other area for which the court to which they are summoned is +commissioned to act. In criminal cases, owing to the rules as to venue +and that crime is to be tried in the neighbourhood where it is +committed, the mode of selection involves a certain amount of +independent local knowledge on the part of the jurors. Where local +prejudice has been aroused for or against the accused, which is likely +to affect the chance of a fair trial, the proceedings may be removed to +another jurisdiction, and there are a good many offences in which by +legislation the accused may be tried where he is caught, irrespective of +the place where he is alleged to have broken the law. As regards civil +cases, a distinction was at an early date drawn between local actions +which must be tried in the district in which they originated, and +transitory actions which could be tried in any county. These +distinctions are now of no importance, as the place of trial of a civil +action is decided as a matter of procedure and convenience, and regard +is not necessarily paid to the place at which a wrong was done or a +contract broken. + +The qualifications for, and exemptions from, service as a petty juror +are in the main contained in the Juries Acts 1825 and 1870, though a +number of further exemptions are added by scattered enactments. The +exemptions include members of the legislature and judges, ministers of +various denominations, and practising barristers and solicitors, +registered medical practitioners and dentists, and officers and soldiers +of the regular army. Persons over sixty are exempt but not disqualified. +Lists of the jurors are prepared by the overseers in rural parishes and +by the town clerks in boroughs, and are submitted to justices for +revision. When jurors are required for a civil or criminal trial they +are summoned by the sheriff or, if he cannot act, by the coroner. + +_Special and Common Juries._--For the purpose of civil trials in the +superior courts there are two lists of jurors, special and common. The +practice of selecting special jurors to try important civil cases +appears to have sprung up, without legislative enactment, in the +procedure of the courts. Forsyth says that the first statutory +recognition of it is so late as 3 Geo. II. c. 25, and that in the oldest +book of practice in existence (Powell's _Attourney's Academy_, 1623) +there is no allusion to two classes of jurymen. The acts, however, which +regulate the practice allude to it as well established. The Juries Act +1870 (33 & 34 Vict. c. 77) defines the class of persons entitled and +liable to serve on special juries thus: Every man whose name shall be on +the jurors' book for any county, &c., and who shall be legally entitled +to be called an esquire, or shall be a person of higher degree, or a +banker or merchant, or who shall occupy a house of a certain rateable +value (e.g. £100 in a town of 20,000 inhabitants, £50 elsewhere), or a +farm of £300 or other premises at £100. A special juryman receives a fee +of a guinea for each cause. Either party may obtain an order for a +special jury, but must pay the additional expenses created thereby +unless the judge certifies that it was a proper case to be so tried. For +the common jury any man is qualified and liable to serve who has £10 by +the year in land or tenements of freehold, copyhold or customary tenure; +or £20 on lands or tenement held by lease for twenty-one years or +longer, or who being a householder is rated at £30 in the counties of +London and Middlesex, or £20 in any other county. A special jury cannot +be ordered in cases of treason or felony, and may be ordered in cases of +misdemeanour only when the trial is in the king's bench division of the +High Court, or the civil side at assizes. + +_Challenge._--It has always been permissible for the parties to +challenge the jurors summoned to consider indictments or to try cases. +Both in civil and criminal cases a challenge "for cause" is allowed; in +criminal cases a peremptory challenge is also allowed. Challenge "for +cause" may be either to the _array_, i.e. to the whole number of jurors +returned, or to the _polls_, i.e. to the jurors individually. A +challenge to the array is either a _principal_ challenge (on the ground +that the sheriff is a party to the cause, or related to one of the +parties), or a challenge for _favour_ (on the ground of circumstances +implying "at least a probability of bias or favour in the sheriff"). A +challenge to the polls is an exception to one or more jurymen on either +of the following grounds: (1) _propter honoris respectum_, as when a +lord of parliament is summoned; (2) _propter defectum_, for want of +qualification; (3) _propter affectum_, on suspicion of bias or +partiality; and (4) _propter delictum_, when the juror has been +convicted of an infamous offence. The challenge _propter affectum_ is, +like the challenge to the array, either principal challenge or "to the +favour." In England as a general rule the juror may be interrogated to +show want of qualification; but in other cases the person making the +challenge must prove it without questioning the juror, and the courts do +not allow the protracted examination on the _voir dire_ which precedes +every _cause célèbre_ in the United States. On indictments for treason +the accused has a right peremptorily to challenge thirty-five of the +jurors on the panel; in cases of felony the number is limited to twenty, +and in cases of misdemeanour there is no right of peremptory challenge. +The Crown has not now the right of peremptory challenge and may +challenge only for cause certain (Juries Act 1825, s. 29). In the case +of felony, on the first call of the list jurors objected to by the Crown +are asked to stand by, and the cause of challenge need not be assigned +by the Crown until the whole list has been perused or gone through, or +unless there remain no longer twelve jurors left to try the case, +exclusive of those challenged. This arrangement practically amounts to +giving the Crown the benefit of a peremptory challenge. + +_Function of Jury._--The jurors were originally the mouthpiece of local +opinion on the questions submitted to them, or witnesses to fact as to +such questions. They have now become the judges of fact upon the +evidence laid before them. Their province is strictly limited to +questions of fact, and within that province they are still further +restricted to matters proved by evidence in the course of the trial and +in theory must not act upon their own personal knowledge and observation +except so far as it proceeds from what is called a "view" of the +subject matter of the litigation. Indeed it is now well established that +if a juror is acquainted with facts material to the case, he should +inform the court so that he may be dismissed from the jury and called as +a witness; and Lord Ellenborough ruled that a judge would misdirect the +jury if he told them that they might reject the evidence and go by their +own knowledge. The old _decantatum_ assigns to judge and jury their own +independent functions: _Ad quaestionem legis respondent judices: ad +quaestionem facti juratores_ (Plowden, 114). But the independence of the +jurors as to matters of fact was from an early time not absolute. In +certain civil cases a litigant dissatisfied by the verdict could adopt +the procedure by attaint, and if the attaint jury of twenty-four found +that the first jury had given a false verdict, they were fined and +suffered the villainous judgment. Attaints fell into disuse on the +introduction about 1665 of the practice of granting new trials when the +jury found against the weight of the evidence, or upon a wrong direction +as to the law of the case. + +In criminal cases the courts attempted to control the verdicts by fining +the jurors for returning a verdict _contra plenam et manifestam +evidentiam_. But this practice was declared illegal in Bushell's case +(1670); and so far as criminal cases are concerned the independence of +the jury as sole judges of fact is almost absolute. If they acquit, +their action cannot be reviewed nor punished, except on proof of wilful +and corrupt consent to "embracery" (Juries Act 1825, s. 61). If they +convict no new trial can be ordered except in the rare instances of +misdemeanours tried as civil cases in the High Court. In trials for +various forms of libel during the 18th century, the judges restricted +the powers of juries by ruling that their function was limited to +finding whether the libel had in fact been published, and that it was +for the court to decide whether the words published constituted an +offence.[7] By Fox's Libel Act 1792 the jurors in such cases were +expressly empowered to bring in a general verdict of libel or no libel, +i.e. to deal with the whole question of the meaning and extent of the +incriminated publication. In other words, they were given the same +independence in cases of libel as in other criminal cases. This +independence has in times of public excitement operated as a kind of +local option against the existing law and as an aid to procuring its +amendment. Juries in Ireland in agrarian cases often acquit in the teeth +of the evidence. In England the independence of the jury in criminal +trials is to some extent menaced by the provisions of the Criminal +Appeal Act 1907. + +While the jury is in legal theory absolute as to matters of fact, it is +in practice largely controlled by the judges. Not only does the judge at +the trial decide as to the relevancy of the evidence tendered to the +issues to be proved, and as to the admissibility of questions put to a +witness, but he also advises the jury as to the logical bearing of the +evidence admitted upon the matters to be found by the jury. The rules as +to admissibility of evidence, largely based upon scholastic logic, +sometimes difficult to apply, and almost unknown in continental +jurisprudence, coupled with the right of an English judge to sum up the +evidence (denied to French judges) and to express his own opinion as to +its value (denied to American judges), fetter to some extent the +independence or limit the chances of error of the jury. + +"The whole theory of the jurisdiction of the courts to interfere with +the verdict of the constitutional tribunal is that the court is +satisfied that the jury have not acted reasonably upon the evidence but +have been misled by prejudice or passion" (_Watt_ v. _Watt_ (1905), App. +Cas. 118, per Lord Halsbury). In civil cases the verdict may be +challenged on the ground that it is against the evidence or against the +weight of the evidence, or unsupported by any evidence. It is said to be +against the evidence when the jury have completely misapprehended the +facts proved and have drawn an inference so wrong as to be in substance +perverse. The dissatisfaction of the trial judge with the verdict is a +potent but not conclusive element in determining as to the perversity of +a verdict, because of his special opportunity of appreciating the +evidence and the demeanour of the witnesses. But his opinion is less +regarded now that new trials are granted by the court of appeal than +under the old system when the new trial was sought in the court of which +he was a member. + +The appellate court will not upset a verdict when there is substantial +and conflicting evidence before the jury. In such cases it is for the +jury to say which side is to be believed, and the court will not +interfere with the verdict. To upset a verdict on the ground that there +is no evidence to go to the jury implies that the judge at the trial +ought to have withdrawn the case from the jury. Under modern procedure, +in order to avoid the risk of a new trial, it is not uncommon to take +the verdict of a jury on the hypothesis that there was evidence for +their consideration, and to leave the unsuccessful party to apply for +judgment notwithstanding the verdict. The question whether there was any +evidence proper to be submitted to the jury arises oftenest in cases +involving an imputation of negligence--e.g. in an action of damages +against a railway company for injuries sustained in a collision. Juries +are somewhat ready to infer negligence, and the court has to say +whether, on the facts proved, there was any evidence of negligence by +the defendant. This is by no means the same thing as saying whether, in +the opinion of the court, there was negligence. The court may be of +opinion that on the facts there was none, yet the facts themselves may +be of such a nature as to be evidence of negligence to go before a jury. +When the facts proved are such that a reasonable man might have come to +the conclusion that there was negligence, then, although the court would +not have come to the same conclusion, it must admit that there is +evidence to go before the jury. This statement indicates existing +practice but scarcely determines what relation between the facts proved +and the conclusion to be established is necessary to make the facts +evidence from which a jury may infer the conclusion. The true +explanation is to be found in the principle of relevancy. Any fact which +is relevant to the issue constitutes evidence to go before the jury, and +any fact, roughly speaking, is relevant between which and the fact to be +proved there may be a connexion as cause and effect (see EVIDENCE). As +regards damages the court has always had wide powers, as damages are +often a question of law. But when the amount of the damages awarded by a +jury is challenged as excessive or inadequate, the appellate court, if +it considers the amount unreasonably large or unreasonably small, must +order a new trial unless both parties consent to a reduction or increase +of the damages to a figure fixed by the court; see _Watt_ v. _Watt_ +(1905), App. Cas. 115. + +_Value of Jury System._--The value of the jury in past history as a +bulwark against aggression by the Crown or executive cannot be +over-rated, but the working of the institution has not escaped +criticism. Its use protracts civil trials. The jurors are usually +unwilling and are insufficiently remunerated; and jury trials in civil +cases often drag out much longer and at greater expense than trials by a +judge alone, and the proceedings are occasionally rendered ineffective +by the failure of the jurors to agree. + +There is much force in the arguments of Bentham and others against the +need of unanimity--the application of pressure to force conviction on +the minds of jurors, the indifference to veracity which the concurrence +of unconvinced minds must produce in the public mind, the probability +that jurors will disagree and trials be rendered abortive, and the +absence of any reasonable security in the unanimous verdict that would +not exist in the verdict of a majority. All this is undeniably true, but +disagreements are happily not frequent, and whatever may happen in the +jury room no compulsion is now used by the court to induce agreement. + +But, apart from any incidental defects, it may be doubted whether, as an +instrument for the investigation of truth, the jury system deserves all +the encomiums which have been passed upon it. In criminal cases, +especially of the graver kind, it is perhaps the best tribunal that +could be devised. There the element of moral doubt enters largely into +the consideration of the case, and that can best be measured by a +popular tribunal. Opinion in England has hitherto been against +subjecting a man to serious punishment as a result of conviction before +a judge sitting without a jury, and the judges themselves would be the +first to deprecate so great a responsibility, and the Criminal Appeal +Act 1907, which constituted the court of criminal appeal, recognized the +responsibility by requiring a quorum of three judges in order to +constitute a court. The same act, by permitting an appeal to persons +convicted on indictment both on questions of fact and of law, removed to +a great extent any possibility of error by a jury. But in civil causes, +where the issue must be determined one way or the other on the balance +of probabilities, a single judge would probably be a better tribunal +than the present combination of judge and jury. Even if it be assumed +that he would on the whole come to the same conclusion as a jury +deliberating under his directions, he would come to it more quickly. +Time would be saved in taking evidence, summing up would be unnecessary, +and the addresses of counsel would inevitably be shortened and +concentrated on the real points at issue. Modern legislation and +practice in England have very much reduced the use of the jury both in +civil and criminal cases. + +In the county courts trial by jury is the exception and not the rule. In +the court of chancery and the admiralty court it was never used. Under +the Judicature Acts many cases which in the courts of common law would +have been tried with a jury are now tried before a judge alone, or +(rarely) with assessors, or before an official referee. Indeed cynics +say that a jury is insisted on chiefly in cases when a jury, from +prejudice or other causes, is likely to be more favourable than a judge +alone. + +In criminal cases, by reason of the enormous number of offences +punishable on summary conviction and of the provisions made for trying +certain indictable offences summarily if the offender is young or elects +for summary trial, juries are less called on in proportion to the number +of offences committed than was the practice in former years. + + _Scotland._--According to the _Regiam Majestatem_, which is identical + with the treatise of Glanvill on the law of England (but whether the + original or only a copy of that work is disputed), trial by jury + existed in Scotland for civil and criminal cases from as early a date + as in England, and there is reason to believe that at all events the + system became established at a very early date. Its history was very + different from that of the English jury system. There was no grand + jury under Scots law, but it was introduced in 1708 for the purpose of + high treason (7 Anne c. 21). For the trial of criminal cases the petty + jury is represented by the criminal "assize." This jury has always + consisted of fifteen persons and the jurors are chosen by ballot by + the clerk of the court from the list containing the names of the + special and common jurors, five from the special, ten from the common. + Prosecutor and accused each have five peremptory challenges, of which + two only may be directed against the special jurors; but there is no + limit to challenges for cause. The jury is not secluded during the + trial except in capital cases or on special order of the court made + _proprio motu_ or on the application of prosecutor or accused. The + verdict need not be unanimous, nor is enclosure a necessary + preliminary to a majority verdict. It is returned viva voce by the + chancellor or foreman, and entered on the record by the clerk of the + court, and the entry read to the jury. Besides the verdicts of + "guilty" and "not guilty," a Scots jury may return a verdict of "not + proven," which has legally the same effect as not guilty in releasing + the accused from further proceedings on the particular charge, but + inflicts on him the stigma of moral guilt. + + Jury trial in civil cases was at one time in general if not prevailing + use, but was gradually superseded for most purposes on the institution + of the Court of Session (1 Mackay, _Ct. Sess. Pr._ 33). In this, as in + many other matters, Scots law and procedure tend to follow continental + rather than insular models. The civil jury was reintroduced in 1815 + (55 Geo. III. c. 42), mainly on account of the difficulties + experienced by the House of Lords in dealing with questions of fact + raised on Scottish appeals. At the outset a special court was + instituted in the nature of a judicial commission to ascertain by + means of a jury facts deemed relevant to the issues in a cause and + sent for such determination at the discretion of the court in which + the cause was pending. The process was analogous to the sending of an + issue out of chancery for trial in a superior court of common law, or + in a court of assize. In 1830 the jury court ceased to exist as a + separate tribunal and was merged in the Court of Session. By + legislation of 1819 and 1823 certain classes of cases were indicated + as appropriate to be tried by a jury; but in 1850 the cases so to be + tried were limited to actions for defamation and nuisance, or properly + and in substance actions for damages, and under an act of 1866 even in + these cases the jury may be dispensed with by consent of parties. + + The civil jury consists as in England of twelve jurors chosen by + ballot from the names on the list of those summoned. There is a right + of peremptory challenge limited to four, and also a right to challenge + for cause. Unanimity was at first but is not now required. The jury if + unanimous may return a verdict immediately on the close of the case. + If they are not unanimous they are enclosed and may at any time not + less than three hours after being enclosed return a verdict by a bare + majority. If after six hours they do not agree by the requisite + majority, i.e. are equally divided, they must be discharged. It was + stated by Commissioner Adam, under whom the Scots civil jury was + originated, that in twenty years he knew of only one case in which the + jury disagreed. Jury trial in civil cases in Scotland has not + flourished or given general satisfaction, and is resorted to only in a + small proportion of cases. This is partly due to its being + transplanted from England. + + _Ireland._--The jury laws of Ireland do not differ in substance from + those of England. The qualifications of jurors are regulated by + O'Hagan's Acts 1871 and 1872, and the Juries Acts 1878 and 1894. In + criminal cases much freer use is made than in England of the rights of + the accused to challenge, and of the Crown to order jurors to stand + by, and what is called "jury-packing" seems to be the object of both + sides when some political or agrarian issue is involved in the trial. + Until the passing of the Irish Local Government Act 1898, the grand + jury, besides its functions as a jury of accusation, had large duties + with respect to local government which are now transferred to the + county councils and other elective bodies. + + _British Empire._--In most parts of the British Empire the jury system + is in force as part of the original law of the colonists or under the + colonial charters of justice or by local legislation. The grand jury + is not in use in India; was introduced but later abolished in the Cape + Colony; and in Australia has been for most purposes superseded by the + public prosecutor. The ordinary trial jury for criminal cases is + twelve, but in India may be nine, seven, five or three, according to + certain provisions of the Criminal Procedure Code 1898. In countries + where the British Crown has foreign jurisdiction the jury for criminal + trials has in some cases been fixed at a less number than twelve and + the right of the Crown to fix the number is established; see _ex p. + Carew_, 1897, A.C. 719. In civil cases the number of the jury is + reduced in some colonies, e.g. to seven in Tasmania and Trinidad. + + _European Countries._--In France there is no civil jury. In criminal + cases the place of the grand jury is taken by the _chambre des mises + en accusation_, and the more serious crimes are tried before a jury of + twelve which finds its verdict by a majority, the exact number of + which may not be disclosed. In Belgium, Spain, Italy and Germany, + certain classes of crime are tried with the aid of a jury. + + _United States._--The English jury system was part of the law of the + American colonies before the declaration of independence; and grand + jury, coroner's jury and petty jury continue in full use in the United + States. Under the Federal Constitution (Article iii.) there is a right + to trial by jury in all criminal cases (except on impeachment) and in + all civil actions at common law in which the subject matter exceeds + $20 in value (amendments vi. and vii.). The trial jury must be of + twelve and its verdict must be unanimous; see Cooley, _Constitutional + Limitations_ (6th ed.), 389. The respective provinces of judge and + jury have been much discussed and there has been a disposition to + declare the jury supreme as to law as well as fact. The whole subject + is fully treated by reference to English and American authorities, and + the conflicting views are stated in _Sparf_ v. _United States_, 1895, + 156 U.S. 61. The view of the majority of the court in that case was + that it is the duty of the jury in a criminal case to receive the law + from the court and to apply it as laid down by the court, subject to + the condition that in giving a general verdict the jury may + incidentally determine both law and fact as compounded in the issues + submitted to them in the particular case. The power to give a general + verdict renders the duty one of imperfect obligation and enables the + jury to take its own view of the terms and merits of the law involved. + + The extent to which the jury system is in force in the states of the + union depends on the constitution and legislation of each state. In + some the use of juries in civil and even in criminal cases is reduced + or made subject to the election of the accused. In others unanimous + verdicts are not required, while the constitutions of others require + the unanimous verdict of the common law dozen. (W. F. C.) + + +FOOTNOTES: + + [1] I.e. the jury-box, or enclosed space in which the jurors sit in + court. + + [2] Freeman, _Norman Conquest_, v. 451. + + [3] This fact would account for the remarkable development of the + system on English ground, as contrasted with its decay and extinction + in France. + + [4] Blackstone puts the principle as being that no man shall be + convicted except by the unanimous voice of twenty-four of his equals + or neighbours--twelve on the grand, and twelve on the petty jury. + + [5] The distinction between the functions of the grand jury, which + presents or accuses criminals, and the petty jury, which tries them, + has suggested the theory that the system of compurgation is the + origin of the jury system--the first jury representing the + compurgators of the accuser, the second the compurgators of the + accused. + + [6] Forsyth, 206. The number of the jury (twelve) is responsible for + some unfounded theories of the origin of the system. This use of + twelve is not confined to England, nor in England or elsewhere to + judicial institutions. "Its general prevalence," says Hallam (_Middle + Ages_, ch. viii.), "shows that in searching for the origin of trial + by jury we cannot rely for a moment upon any analogy which the mere + number affords." In a _Guide to English Juries_ (1682), by a person + of quality (attributed to Lord Somers), the following passage occurs: + "In analogy of late the jury is reduced to the number of twelve, like + as the prophets were twelve to foretell the truth; the apostles + twelve to preach the truth; the discoverers twelve, sent into Canaan + to seek and report the truth; and the stones twelve that the heavenly + Hierusalem is built on." Lord Coke indulged in similar speculations. + + [7] See _R._ v. _Dean of St. Asaph_ (1789), 3 T.R. 418. + + + + +JUS PRIMAE NOCTIS, or DROIT DU SEIGNEUR, a custom alleged to have +existed in medieval Europe, giving the overlord a right to the virginity +of his vassals' daughters on their wedding night. For the existence of +the custom in a legalized form there is no trustworthy evidence. That +some such abuse of power may have been occasionally exercised by brutal +nobles in the lawless days of the early middle ages is only too likely, +but the _jus_, it seems, is a myth, invented no earlier than the 16th or +17th century. There appears to have been an entirely religious custom +established by the council of Carthage in 398, whereby the Church +required from the faithful continence on the wedding-night, and this may +have been, and there is evidence that it was, known as _Droit du +Seigneur_, or "God's right." Later the clerical admonition was extended +to the first three days of marriage. This religious abstention, added to +the undoubted fact that the feudal lord extorted fines on the marriages +of his vassals and their children, doubtless gave rise to the belief +that the _jus_ was once an established custom. + + The whole subject has been exhaustively treated by Louis Veuillot in + _Le Droit du seigneur au moyen âge_ (1854). + + + + +JUS RELICTAE, in Scots law, the widow's right in the movable property of +her deceased husband. The deceased must have been domiciled in Scotland, +but the right accrues from movable property, wherever situated. The +widow's provision amounts to one-third where there are children +surviving, and to one-half where there are no surviving children. The +widow's right vests by survivance, and is independent of the husband's +testamentary provisions; it may however be renounced by contract, or be +discharged by satisfaction. It is subject to alienation of the husband's +movable estate during his lifetime or by its conversion into heritage. +See also WILL. + + + + +JUSSERAND, JEAN ADRIEN ANTOINE JULES (1855- ), French author and +diplomatist, was born at Lyons on the 18th of February 1855. Entering +the diplomatic service in 1876, he became in 1878 consul in London. +After an interval spent in Tunis he returned to London in 1887 as a +member of the French Embassy. In 1890 he became French minister at +Copenhagen, and in 1902 was transferred to Washington. A close student +of English literature, he produced some very lucid and vivacious +monographs on comparatively little-known subjects: _Le Théâtre en +Angleterre depuis la conquête jusqu' aux prédécesseurs immédiats de +Shakespeare_ (1878); _Le Roman au temps de Shakespeare_ (1887; Eng. +trans. by Miss E. Lee, 1890); _Les Anglais au moyen âge: la vie nomade +et les routes d'Angleterre au XIV^e siècle_ (1884; Eng. trans., _English +Wayfaring Life in the Middle Ages_, by L. T. Smith, 1889); and _L'Épopée +de Langland_ (1893; Eng. trans., _Piers Plowman_, by M. C. R., 1894). +His _Histoire littéraire du peuple anglais_, the first volume of which +was published in 1895, was completed in three volumes in 1909. In +English he wrote _A French Ambassador at the Court of Charles II._ +(1892), from the unpublished papers of the count de Cominges. + + + + +JUSSIEU, DE, the name of a French family which came into prominent +notice towards the close of the 16th century, and for a century and a +half was distinguished for the botanists it produced. The following are +its more eminent members:-- + +1. ANTOINE DE JUSSIEU (1686-1758), born at Lyons on the 6th of July +1686, was the son of Christophe de Jussieu (or Dejussieu), an apothecary +of some repute, who published a _Nouveau traité de la thériaque_ (1708). +Antoine studied at the university of Montpellier, and travelled with his +brother Bernard through Spain, Portugal and southern France. He went to +Paris in 1708, J. P. de Tournefort, whom he succeeded at the Jardin des +Plantes, dying in that year. His own original publications are not of +marked importance, but he edited an edition of Tournefort's +_Institutiones rei herbariae_ (3 vols., 1719), and also a posthumous +work of Jacques Barrelier, _Plantae per Galliam, Hispaniam, et Italiam +observatae_, &c. (1714). He practised medicine, chiefly devoting himself +to the very poor. He died at Paris on the 22nd of April 1758. + +2. BERNARD DE JUSSIEU (1699-1777), a younger brother of the above, was +born at Lyons on the 17th of August 1699. He took a medical degree at +Montpellier and began practice in 1720, but finding the work uncongenial +he gladly accepted his brother's invitation to Paris in 1722, when he +succeeded Sébastien Vaillant as sub-demonstrator of plants in the Jardin +du Roi. In 1725 he brought out a new edition of Tournefort's _Histoire +des plantes qui naissent aux environs de Paris_, 2 vols., which was +afterwards translated into English by John Martyn, the original work +being incomplete. In the same year he was admitted into the académie des +sciences, and communicated several papers to that body. Long before +Abraham Trembley (1700-1784) published his _Histoire des polypes d'eau +douce_, Jussieu maintained the doctrine that these organisms were +animals, and not the flowers of marine plants, then the current notion; +and to confirm his views he made three journeys to the coast of +Normandy. Singularly modest and retiring, he published very little, but +in 1759 he arranged the plants in the royal garden of the Trianon at +Versailles, according to his own scheme of classification. This +arrangement is printed in his nephew's _Genera_, pp. lxiii.-lxx., and +formed the basis of that work. He cared little for the credit of +enunciating new discoveries, so long as the facts were made public. On +the death of his brother Antoine, he could not be induced to succeed him +in his office, but prevailed upon L. G. Lemonnier to assume the higher +position. He died at Paris on the 6th of November 1777. + +3. JOSEPH DE JUSSIEU (1704-1779), brother of Antoine and Bernard, was +born at Lyons on the 3rd of September 1704. Educated like the rest of +the family for the medical profession, he accompanied C. M. de la +Condamine to Peru, in the expedition for measuring an arc of meridian, +and remained in South America for thirty-six years, returning to France +in 1771. Amongst the seeds he sent to his brother Bernard were those of +_Heliotropium peruvianum_, Linn., then first introduced into Europe. He +died at Paris on the 11th of April 1779. + +4. ANTOINE LAURENT DE JUSSIEU (1748-1836), nephew of the three +preceding, was born at Lyons on the 12th of April 1748. Called to Paris +by his uncle Bernard, and carefully trained by him for the pursuits of +medicine and botany, he largely profited by the opportunities afforded +him. Gifted with a tenacious memory, and the power of quickly grasping +the salient points of subjects under observation, he steadily worked at +the improvement of that system of plant arrangement which had been +sketched out by his uncle. In 1789 was issued his _Genera plantarum +secundum ordines naturales disposita, juxta methodum in horto regio +Parisiensi exaratam, anno_ MDCCLXXIV. This volume formed the basis of +modern classification; more than this, it is certain that Cuvier derived +much help in his zoological classification from its perusal. Hardly had +the last sheet passed through the press, when the French Revolution +broke out, and the author was installed in charge of the hospitals of +Paris. The muséum d'histoire naturelle was organized on its present +footing mainly by him in 1793, and he selected for its library +everything relating to natural history from the vast materials obtained +from the convents then broken up. He continued as professor of botany +there from 1770 to 1826, when his son Adrien succeeded him. Besides the +_Genera_, he produced nearly sixty memoirs on botanical topics. He died +at Paris on the 17th of September 1836. + +5. ADRIEN LAURENT HENRI DE JUSSIEU (1797-1853), son of Antoine Laurent, +was born at Paris on the 23rd of December 1797. He displayed the +qualities of his family in his thesis for the degree of M.D., _De +Euphorbiacearum generibus medicisque earundem viribus tentamen_, Paris, +1824. He was also the author of valuable contributions to botanical +literature on the _Rutaceae_, _Meliaceae_ and _Malpighiaceae_ +respectively, of "Taxonomie" in the _Dictionnaire universelle d'histoire +naturelle_, and of an introductory work styled simply _Botanique_, which +reached nine editions, and was translated into the principal languages +of Europe. He also edited his father's _Introductio in historiam +plantarum_, issued at Paris, without imprint or date, it being a +fragment of the intended second edition of the _Genera_, which Antoine +Laurent did not live to complete. He died at Paris on the 29th of June +1853, leaving two daughters, but no son, so that with him closed the +brilliant botanical dynasty. + +6. LAURENT PIERRE DE JUSSIEU (1792-1866), miscellaneous writer, nephew +of Antoine Laurent, was born at Villeurbanne on the 7th of February +1792. His _Simon de Nantua, ou le marchand forain_ (1818), reached +fifteen editions, and was translated into seven languages. He also wrote +_Simples notions de physique et d'histoire naturelle_ (1857), and a few +geological papers. He died at Passy on the 23rd of February 1866. + + + + +JUSTICE (Lat. _justitia_), a term used both in the abstract, for the +quality of being or doing what is just, i.e. right in law and equity, +and in the concrete for an officer deputed by the sovereign to +administer justice, and do right by way of judgment. It has long been +the official title of the judges of two of the English superior courts +of common law, and it is now extended to all the judges in the supreme +court of judicature--a judge in the High Court of Justice being styled +Mr Justice, and in the court of appeal Lord Justice. The president of +the king's bench division of the High Court is styled Lord Chief Justice +(q.v.). The word is also applied, and perhaps more usually, to certain +subordinate magistrates who administer justice in minor matters, and who +are usually called _justices of the peace_ (q.v.). + + + + +JUSTICE OF THE PEACE, an inferior magistrate appointed in England by +special commission under the great seal to keep the peace within the +jurisdiction for which he is appointed. The title is commonly +abbreviated to J.P. and is used after the name. "The whole Christian +world," said Coke, "hath not the like office as justice of the peace if +duly executed." Lord Cowper, on the other hand, described them as "men +sometimes illiterate and frequently bigoted and prejudiced." The truth +is that the justices of the peace perform without any other reward than +the consequence they acquire from their office a large amount of work +indispensable to the administration of the law, and (though usually not +professional lawyers, and therefore apt to be ill-informed in some of +their decisions) for the most part they discharge their duties with +becoming good sense and impartiality. For centuries they have +necessarily been chosen mainly from the landed class of country +gentlemen, usually Conservative in politics; and in recent years the +attempt has been made by the Liberal party to reduce the balance by +appointing others than those belonging to the landed gentry, such as +tradesmen, Nonconformist ministers, and working-men. But it has been +recognized that the appointment of justices according to their political +views is undesirable, and in 1909 a royal commission was appointed to +consider and report whether any and what steps should be taken to +facilitate the selection of the most suitable persons to be justices of +the peace irrespective of creed and political opinion. In great centres +of population, when the judicial business of justices is heavy, it has +been found necessary to appoint paid justices or stipendiary +magistrates[1] to do the work, and an extension of the system to the +country districts has been often advocated. + +The commission of the peace assigns to justices the duty of keeping and +causing to be kept all ordinances and statutes for the good of the peace +and for preservation of the same, and for the quiet rule and government +of the people, and further assigns "to you and every two or more of you +(of whom any one of the aforesaid A, B, C, D, &c., we will, shall be +one) to inquire the truth more fully by the oath of good and lawful men +of the county of all and all manner of felonies, poisonings, +enchantments, sorceries, arts, magic, trespasses, forestallings, +regratings, engrossings, and extortions whatever." This part of the +commission is the authority for the jurisdiction of the justices in +_sessions_. Justices named specially in the parenthetical clause are +said to be on the quorum. Justices for counties are appointed by the +Crown on the advice of the lord chancellor, and usually with the +recommendation of the lord lieutenant of the county. Justices for +boroughs having municipal corporations and separate commissions of the +peace are appointed by the crown, the lord chancellor either adopting +the recommendation of the town council or acting independently. Justices +cannot act as such until they have taken the oath of allegiance and the +judicial oath. A justice for a borough while acting as such must reside +in or within seven miles of the borough or occupy a house, warehouse or +other property in the borough, but he need not be a burgess. The mayor +of a borough is _ex officio_ a justice during his year of office and the +succeeding year. He takes precedence over all borough justices, but not +over justices acting in and for the county in which the borough or any +part thereof is situated, unless when acting in relation to the business +of the borough. The chairman of a county council is _ex officio_ a +justice of the peace for the county, and the chairman of an urban or +rural district council for the county in which the district is situated. +Justices cannot act beyond the limits of the jurisdiction for which they +are appointed, and the warrant of a justice cannot be executed out of +his jurisdiction unless it be backed, that is, endorsed by a justice of +the jurisdiction in which it is to be carried into execution. A justice +improperly refusing to act on his office, or acting partially and +corruptly, may be proceeded against by a criminal information, and a +justice refusing to act may be compelled to do so by the High Court of +Justice. An action will lie against a justice for any act done by him in +excess of his jurisdiction, and for any act within his jurisdiction +which has been done wrongfully and with malice, and without reasonable +or probable cause. But no action can be brought against a justice for a +wrongful conviction until it has been quashed. By the Justices' +Qualification Act 1744, every justice for a county was required to have +an estate of freehold, copyhold, or customary tenure in fee, for life or +a given term, of the yearly value of £100. By an act of 1875 the +occupation of a house rated at £100 was made a qualification. No such +qualifications were ever required for a borough justice, and it was not +until 1906 that county justices were put on the same footing in this +respect. The Justices of the Peace Act 1906 did away with all +qualification by estate. It also removed the necessity for residence +within the county, permitting the same residential qualification as for +borough justices, "within seven miles thereof." The same act removed the +disqualification of solicitors to be county justices and assimilated to +the existing power to remove other justices from the commission of the +peace the power to exclude _ex officio_ justices. + +The justices for every petty sessional division of a county or for a +borough having a separate commission of the peace must appoint a fit +person to be their salaried clerk. He must be either a barrister of not +less than fourteen years' standing, or a solicitor of the supreme court, +or have served for not less than seven years as a clerk to a police or +stipendiary magistrate or to a metropolitan police court. An alderman or +councillor of a borough must not be appointed as clerk, nor can a clerk +of the peace for the borough or for the county in which the borough is +situated be appointed. A borough clerk is not allowed to prosecute. The +salary of a justice's clerk comes, in London, out of the police fund; in +counties out of the county fund; in county boroughs out of the borough +fund, and in other boroughs out of the county fund. + +The vast and multifarious duties of the justices cover some portion of +every important head of the criminal law, and extend to a considerable +number of matters relating to the civil law. + +In the United States these officers are sometimes appointed by the +executive, sometimes elected. In some states, justices of the peace have +jurisdiction in civil cases given to them by local regulations. + + +FOOTNOTE: + + [1] Where a borough council desire the appointment of a stipendiary + magistrate they may present a petition for the same to the secretary + of state and it is thereupon lawful for the king to appoint to that + office a barrister of seven years' standing. He is by virtue of his + office a justice for the borough, and receives a yearly salary, + payable in four equal quarterly instalments. On a vacancy, + application must again be made as for a first appointment. There may + be more than one stipendiary magistrate for a borough. + + + + +JUSTICIAR (med. Lat. _justiciarius_ or _justitiarius_, a judge), in +English history, the title of the chief minister of the Norman and +earlier Angevin kings. The history of the title in this connotation is +somewhat obscure. _Justiciarius_ meant simply "judge," and was +originally applied, as Stubbs points out (_Const. Hist._ i. 389, note), +to any officer of the king's court, to the chief justice, or in a very +general way to all and sundry who possessed courts of their own or were +qualified to act as _judices_ in the shire-courts, even the style +_capitalis justiciarius_ being used of judges of the royal court other +than the chief. It was not till the reign of Henry II. that the title +_summus_ or _capitalis justiciarius_, or _justiciarius totius Angliae_ +was exclusively applied to the king's chief minister. The office, +however, existed before the style of its holder was fixed; and, whatever +their contemporary title (e.g. _Custos Angliae_), later writers refer to +them as _justiciarii_, with or without the prefix _summus_ or +_capitalis_ (ibid. p. 346). Thus Ranulf Flambard, the minister of +William II., who was probably the first to exercise the powers of a +justiciar, is called _justiciarius_ by Ordericus Vitalis. + +The origin of the justiciarship is thus given by Stubbs (ibid. p. 276). +The sheriff "was the king's representative in all matters judicial, +military and financial in the shire. From him, or from the courts of +which he was the presiding officer, appeal lay to the king alone; but +the king was often absent from England and did not understand the +language of his subjects. In his absence the administration was +entrusted to a justiciar, a regent or lieutenant of the kingdom; and the +convenience being once ascertained of having a minister who could in the +whole kingdom represent the king, as the sheriff did in the shire, the +justiciar became a permanent functionary." + +The fact that the kings were often absent from England, and that the +justiciarship was held by great nobles or churchmen, made this office of +an importance which at times threatened to overshadow that of the Crown. +It was this latter circumstance which ultimately led to its abolition. +Hubert de Burgh (q.v.) was the last of the great justiciars; after his +fall (1231) the justiciarship was not again committed to a great baron, +and the chancellor soon took the position formerly occupied by the +justiciar as second to the king in dignity, as well as in power and +influence. Finally, under Edward I. and his successor, in place of the +justiciar--who had presided over all causes _vice regis_--separate heads +were established in the three branches into which the _curia regis_ as a +judicial body had been divided: justices of common pleas, justices of +the king's bench and barons of the exchequer. + +Outside England the title justiciar was given under Henry II. to the +seneschal of Normandy. In Scotland the title of justiciar was borne, +under the earlier kings, by two high officials, one having his +jurisdiction to the north, the other to the south of the Forth. They +were the king's lieutenants for judicial and administrative purposes and +were established in the 12th century, either by Alexander I. or by his +successor David I. In the 12th century a _magister justitiarius_ also +appears in the Norman kingdom of Sicily, title and office being probably +borrowed from England; he presided over the royal court (_Magna curia_) +and was, with his assistants, empowered to decide, _inter alia_, all +cases reserved to the Crown (see Du Cange, _s.v. Magister +Justitiarius_). + + See W. Stubbs, _Const. Hist. of England_; Du Cange, _Glossarium_ + (Niort, 1885) s.v. "Justitiarius." + + + + +JUSTICIARY, HIGH COURT OF, in Scotland, the supreme criminal court, +consisting of five of the lords of session together with the lord +justice-general and the lord justice-clerk as president and +vice-president respectively. The constitution of the court is settled by +the Act 1672 c. 16. The lords of justiciary hold circuits regularly +twice a year according to the ancient practice, which, however, had been +allowed to fall into disuse until revived in 1748. For circuit purposes +Scotland is divided into northern, southern and western districts (see +CIRCUIT). Two judges generally go on a circuit, and in Glasgow they are +by special statute authorized to sit in separate courts. By the Criminal +Procedure (Scotland) Act 1887 all the senators of the college of justice +are lords commissioners of justiciary. The high court, sitting in +Edinburgh, has, in addition to its general jurisdiction, an exclusive +jurisdiction for districts not within the jurisdiction of the +circuits--the three Lothians, and Orkney and Shetland. The high court +also takes up points of difficulty arising before the special courts, +like the court for crown cases reserved in England. The court of +justiciary has authority to try all crimes, unless when its jurisdiction +has been excluded by special enactment of the legislature. It is also +stated to have an inherent jurisdiction to punish all criminal acts, +even if they have never before been treated as crimes. Its judgments are +believed to be not subject to any appeal or review, but it may be +doubted whether an appeal on a point of law would not lie to the house +of lords. The following crimes must be prosecuted in the court of +justiciary: treason, murder, robbery, rape, fire-raising, deforcement of +messengers, breach of duty by magistrates, and all offences for which a +statutory punishment higher than imprisonment is imposed. + + + + +JUSTIFICATION, in law, the showing by a defendant in a suit of +sufficient reason why he did what he was called upon to answer, For +example, in an action for assault and battery, the defendant may prove +in justification that the prosecutor assaulted or beat him first, and +that he acted merely in self-defence. The word is employed particularly +in actions for defamation, and has in this connexion a somewhat special +meaning. When a libel consists of a specific charge a plea of +justification is a plea that the words are true in substance and in fact +(see LIBEL AND SLANDER). + + + + +JUSTIN I. (450-527), East Roman emperor (518-527), was born in 450 as a +peasant in Asia, but enlisting under Leo I. he rose to be commander of +the imperial guards of Anastasius. On the latter's death in 518 Justin +used for his own election to the throne money that he had received for +the support of another candidate. Being ignorant even of the rudiments +of letters, Justin entrusted the administration of state to his wise and +faithful quaestor Proclus and to his nephew Justinian, though his own +experience dictated several improvements in military affairs. An +orthodox churchman himself, he effected in 519 a reconciliation of the +Eastern and Western Churches, after a schism of thirty-five years (see +HORMISDAS). In 522 he entered upon a desultory war with Persia, in which +he co-operated with the Arabs. In 522 also Justin ceded to Theodoric, +the Gothic king of Italy, the right of naming the consuls. On the 1st of +April 527 Justin, enfeebled by an incurable wound, yielded to the +request of the senate and assumed Justinian at his colleague; on the 1st +of August he died. Justin bestowed much care on the repairing of public +buildings throughout his empire, and contributed large sums to repair +the damage caused by a destructive earthquake at Antioch. + + See E. Gibbon, _Decline and Fall of the Roman Empire_ (ed. Bury, + 1896), iv. 206-209. + + + + +JUSTIN II. (d. 578), East Roman emperor (565-578), was the nephew and +successor of Justinian I. He availed himself of his influence as master +of the palace, and as husband of Sophia, the niece of the late empress +Theodora, to secure a peaceful election. The first few days of his +reign--when he paid his uncle's debts, administered justice in person, +and proclaimed universal religious toleration--gave bright promise, but +in the face of the lawless aristocracy and defiant governors of +provinces he effected few subsequent reforms. The most important event +of his reign was the invasion of Italy by the Lombards (q.v.), who, +entering in 568, under Alboin, in a few years made themselves masters of +nearly the entire country. Justin's attention was distracted from Italy +towards the N. and E. frontiers. After refusing to pay the Avars +tribute, he fought several unsuccessful campaigns against them. In 572 +his overtures to the Turks led to a war with Persia. After two +disastrous campaigns, in which his enemies overran Syria, Justin bought +a precarious peace by payment of a yearly tribute. The temporary fits of +insanity into which he fell warned him to name a colleague. Passing over +his own relatives, he raised, on the advice of Sophia, the general +Tiberius (q.v.) to be Caesar in December 574 and withdrew for his +remaining years into retirement. + + See E. Gibbon, _Decline and Fall of the Roman Empire_ (ed. Bury, + 1896), v. 2-17; G. Finlay, _History of Greece_ (ed. 1877), i. 291-297; + J. Bury, _The Later Roman Empire_ (1889), ii. 67-79. (M. O. B. C.) + + + + +JUSTIN (JUNIANUS JUSTINUS), Roman historian, probably lived during the +age of the Antonines. Of his personal history nothing is known. He is +the author of _Historiarum Philippicarum libri XLIV._, a work described +by himself in his preface as a collection of the most important and +interesting passages from the voluminous _Historiae philippicae et +totius mundi origines et terrae situs_, written in the time of Augustus +by Pompeius Trogus (q.v.). The work of Trogus is lost; but the _prologi_ +or arguments of the text are preserved by Pliny and other writers. +Although the main theme of Trogus was the rise and history of the +Macedonian monarchy, Justin yet permitted himself considerable freedom +of digression, and thus produced a capricious anthology instead of a +regular epitome of the work. As it stands, however, the history contains +much valuable information. The style, though far from perfect, is clear +and occasionally elegant. The book was much used in the middle ages, +when the author was sometimes confounded with Justin Martyr. + + Ed. princeps (1470); J. G. Graevius (1668); J. F. Gronovius (1719); C. + H. Frotscher (1827-1830); J. Jeep (1859); F. Rühl (1886, with + prologues); see also J. F. Fischer, _De elocutione Justini_ (1868); F. + Rühl, _Die Verbreitung des J. im Mittelalter_ (1871); O. Eichert, + _Wörterbuch zu_ J. (1881); Köhler and Rühl in _Neue Jahrbücher für + Philologie_, xci., ci., cxxxiii. There are translations in the chief + European languages; in English by A. Goldyng (1564); R. Codrington + (1682); Brown-Dykes (1712); G. Turnbull (1746); J. Clarke (1790); J. + S. Watson (1853). + + + + +JUSTINIAN I. (483-565). Flavius Anicius Justinianus, surnamed the Great, +the most famous of all the emperors of the Eastern Roman Empire, was by +birth a barbarian, native of a place called Tauresium in the district of +Dardania, a region of Illyricum,[1] and was born, most probably, on the +11th of May 483. His family has been variously conjectured, on the +strength of the proper names which its members are stated to have borne, +to have been Teutonic or Slavonic. The latter seems the more probable +view. His own name was originally Uprauda.[2] Justinianus was a Roman +name which he took from his uncle Justin I., who adopted him, and to +whom his advancement in life was due. Of his early life we know nothing +except that he went to Constantinople while still a young man, and +received there an excellent education. Doubtless he knew Latin before +Greek; it is alleged that he always spoke Greek with a barbarian accent. +When Justin ascended the throne in 518, Justinian became at once a +person of the first consequence, guiding, especially in church matters, +the policy of his aged, childless and ignorant uncle, receiving high +rank and office at his hands, and soon coming to be regarded as his +destined successor. On Justin's death in 527, having been a few months +earlier associated with him as co-emperor, Justinian succeeded without +opposition to the throne. About 523 he had married the famous Theodora +(q.v.), who, as empress regnant, was closely associated in all his +actions till her death in 547. + +Justinian's reign was filled with great events, both at home and abroad, +both in peace and in war. They may be classed under four heads: (1) his +legal reforms; (2) his administration of the empire; (3) his +ecclesiastical policy; and (4) his wars and foreign policy generally. + +1. It is as a legislator and codifier of the law that Justinian's name +is most familiar to the modern world; and it is therefore this +department of his action that requires to be most fully dealt with here. +He found the law of the Roman empire in a state of great confusion. It +consisted of two masses, which were usually distinguished as old law +(_jus vetus_) and new law (_jus novum_). The first of these comprised: +(i.) all such of the statutes (_leges_) passed under the republic and +early empire as had not become obsolete; (ii.) the decrees of the senate +(_senatus consulta_) passed at the end of the republic and during the +first two centuries of the empire; (iii.) the writings of the jurists of +the later republic and of the empire, and more particularly of those +jurists to whom the right of declaring the law with authority (_jus +respondendi_) had been committed by the emperors. As these jurists had +in their commentaries upon the _leges_, _senatus consulta_ and edicts of +the magistrates practically incorporated all that was of importance in +those documents, the books of the jurists may substantially be taken as +including (i.) and (ii.). These writings were of course very numerous, +and formed a vast mass of literature. Many of them had become +exceedingly scarce--many had been altogether lost. Some were of doubtful +authenticity. They were so costly that no person of moderate means could +hope to possess any large number; even the public libraries had nothing +approaching to a complete collection. Moreover, as they proceeded from a +large number of independent authors, who wrote expressing their own +opinions, they contained many discrepancies and contradictions, the +dicta of one writer being controverted by another, while yet both +writers might enjoy the same formal authority. A remedy had been +attempted to be applied to this evil by a law of the emperors +Theodosius II. and Valentinian III., which gave special weight to the +writings of five eminent jurists (Papinian, Paulus, Ulpian, Modestinus, +Gaius); but it was very far from removing it. As regards the _jus +vetus_, therefore, the judges and practitioners of Justinian's time had +two terrible difficulties to contend with--first, the bulk of the law, +which made it impossible for any one to be sure that he possessed +anything like the whole of the authorities bearing on the point in +question, so that he was always liable to find his opponent quoting +against him some authority for which he could not be prepared; and, +secondly, the uncertainty of the law, there being a great many important +points on which differing opinions of equal legal validity might be +cited, so that the practising counsel could not advise, nor the judge +decide, with any confidence that he was right, or that a superior court +would uphold his view. + +The new law (_jus novum_), which consisted of the ordinances of the +emperors promulgated during the middle and later empires (_edicta_, +_rescripta_, _mandata_, _decreta_, usually called by the general name of +_constitutiones_), was in a condition not much better. These ordinances +or constitutions were extremely numerous. No complete collection of them +existed, for although two collections (_Codex gregorianus_ and _Codex +hermogenianus_) had been made by two jurists in the 4th century, and a +large supplementary collection published by the emperor Theodosius II. +in 438 (_Codex theodosianus_), these collections did not include all the +constitutions; there were others which it was necessary to obtain +separately, but many whereof it must have been impossible for a private +person to procure. In this branch too of the law there existed some, +though a less formidable, uncertainty; for there were constitutions +which practically, if not formally, repealed or superseded others +without expressly mentioning them, so that a man who relied on one +constitution might find that it had been varied or abrogated by another +he had never heard of or on whose sense he had not put such a +construction. It was therefore clearly necessary with regard to both the +older and the newer law to take some steps to collect into one or more +bodies or masses so much of the law as was to be regarded as binding, +reducing it within a reasonable compass, and purging away the +contradictions or inconsistencies which it contained. The evil had been +long felt, and reforms apparently often proposed, but nothing (except by +the compilation of the _Codex theodosianus_) had been done till +Justinian's time. Immediately after his accession, in 528, he appointed +a commission to deal with the imperial constitutions (_jus novum_), this +being the easier part of the problem. The commissioners, ten in number, +were directed to go through all the constitutions of which copies +existed, to select such as were of practical value, to cut these down by +retrenching all unnecessary matter, and gather them, arranged in order +of date, into one volume, getting rid of any contradictions by omitting +one or other of the conflicting passages.[3] These statute law +commissioners, as one may call them, set to work forthwith, and +completed their task in fourteen months, distributing the constitutions +which they placed in the new collection into ten books, in general +conformity with the order of the Perpetual Edict as settled by Salvius +Julianus and enacted by Hadrian. By this means the bulk of the statute +law was immensely reduced, its obscurities and internal discrepancies in +great measure removed, its provisions adapted, by the abrogation of what +was obsolete, to the circumstances of Justinian's own time. This _Codex +constitutionum_ was formally promulgated and enacted as one great +consolidating statute in 529, all imperial ordinances not included in it +being repealed at one stroke. + +The success of this first experiment encouraged the emperor to attempt +the more difficult enterprise of simplifying and digesting the older law +contained in the treatises of the jurists. Before entering on this, +however, he wisely took the preliminary step of settling the more +important of the legal questions as to which the older jurists had been +divided in opinion, and which had therefore remained sources of +difficulty, a difficulty aggravated by the general decline, during the +last two centuries, of the level of forensic and judicial learning. This +was accomplished by a series of constitutions known as the "Fifty +Decisions" (_Quinquaginta decisiones_), along with which there were +published other ordinances amending the law in a variety of points, in +which old and now inconvenient rules had been suffered to subsist. Then +in December 530 a new commission was appointed, consisting of sixteen +eminent lawyers, of whom the president, the famous Tribonian (who had +already served on the previous commission), was an exalted official +(_quaestor_), four were professors of law, and the remaining eleven +practising advocates. The instructions given to them by the emperor were +as follows:--they were to procure and peruse all the writings of all the +authorized jurists (those who had enjoyed the _jus respondendi_); were +to extract from these writings whatever was of most permanent and +substantial value, with power to change the expressions of the author +wherever conciseness or clearness would be thereby promoted, or wherever +such a change was needed in order to adapt his language to the condition +of the law as it stood in Justinian's time; were to avoid repetitions +and contradictions by giving only one statement of the law upon each +point; were to insert nothing at variance with any provision contained +in the _Codex constitutionum_; and were to distribute the results of +their labours into fifty books, subdividing each book into titles, and +following generally the order of the Perpetual Edict.[4] + +These directions were carried out with a speed which is surprising when +we remember not only that the work was interrupted by the terrible +insurrection which broke out in Constantinople in January 532, and which +led to the temporary retirement from office of Tribonian, but also that +the mass of literature which had to be read through consisted of no less +than two thousand treatises, comprising three millions of sentences. The +commissioners, who had for greater despatch divided themselves into +several committees, presented their selection of extracts to the emperor +in 533, and he published it as an imperial statute on December 16th of +that year, with two prefatory constitutions (those known as _Omnem +reipublicae_ and _Dedit nobis_). It is the Latin volume which we now +call the _Digest_ (_Digesta_) or _Pandects_ ([Greek: Pandektai]) and +which is by far the most precious monument of the legal genius of the +Romans, and indeed, whether one regards the intrinsic merits of its +substance or the prodigious influence it has exerted and still exerts, +the most remarkable law-book that the world has seen. The extracts +comprised in it are 9123 in number, taken from thirty-nine authors, and +are of greatly varying length, mostly only a few lines long. About +one-third (in quantity) come from Ulpian, a very copious writer; Paulus +stands next. To each extract there is prefixed the name of the author, +and of the treatise whence it is taken.[5] The worst thing about the +_Digest_ is its highly unscientific arrangement. The order of the +Perpetual Edict, which appears to have been taken as a sort of model for +the general scheme of books and titles, was doubtless convenient to the +Roman lawyers from their familiarity with it, but was in itself rather +accidental and historical than logical. The disposition of the extracts +inside each title was still less rational; it has been shown by a modern +jurist to have been the result of the way in which the committees of the +commissioners worked through the books they had to peruse.[6] In +enacting the _Digest_ as a law book, Justinian repealed all the other +law contained in the treatises of the jurists (that _jus vetus_ which +has been already mentioned), and directed that those treatises should +never be cited in future even by way of illustration; and he of course +at the same time abrogated all the older statutes, from the Twelve +Tables downwards, which had formed a part of the _jus vetus_. This was a +necessary incident of his scheme of reform. But he went too far, and +indeed attempted what was impossible, when he forbade all commentaries +upon the _Digest_. He was obliged to allow a Greek translation to be +made of it, but directed this translation to be exactly literal. + +These two great enterprises had substantially despatched Justinian's +work; however, he, or rather Tribonian, who seems to have acted both as +his adviser and as his chief executive officer in all legal affairs, +conceived that a third book was needed, viz. an elementary manual for +beginners which should present an outline of the law in a clear and +simple form. The little work of Gaius, most of which we now possess +under the title of _Commentarii institutionum_, had served this purpose +for nearly four centuries; but much of it had, owing to changes in the +law, become inapplicable, so that a new manual seemed to be required. +Justinian accordingly directed Tribonian, with two coadjutors, +Theophilus, professor of law in the university of Constantinople, and +Dorotheus, professor in the great law school at Beyrout, to prepare an +elementary textbook on the lines of Gaius. This they did while the +_Digest_ was in progress, and produced the useful little treatise which +has ever since been the book with which students commonly begin their +studies of Roman law, the _Institutes of Justinian_. It was published as +a statute with full legal validity shortly before the _Digest_. Such +merits as it possesses--simplicity of arrangement, clearness and +conciseness of expression--belong less to Tribonian than to Gaius, who +was closely followed wherever the alterations in the law had not made +him obsolete. However, the spirit of that great legal classic seems to +have in a measure dwelt with and inspired the inferior men who were +recasting his work; the _Institutes_ is better both in Latinity and in +substance than we should have expected from the condition of Latin +letters at that epoch, better than the other laws which emanate from +Justinian. + +In the four years and a half which elapsed between the publication of +the _Codex_ and that of the _Digest_, many important changes had been +made in the law, notably by the publication of the "Fifty Decisions," +which settled many questions that had exercised the legal mind and given +occasion to intricate statutory provisions. It was therefore natural +that the idea should present itself of revising the _Codex_, so as to +introduce these changes into it, for by so doing, not only would it be +simplified, but the one volume would again be made to contain the whole +statute law, whereas now it was necessary to read along with it the +ordinances issued since its publication. Accordingly another commission +was appointed, consisting of Tribonian with four other coadjutors, full +power being given them not only to incorporate the new constitutions +with the _Codex_ and make in it the requisite changes, but also to +revise the _Codex_ generally, cutting down or filling in wherever they +thought it necessary to do so. This work was completed in a few months; +and in November 534 the revised _Codex_ (_Codex repetitae +praelectionis_) was promulgated with the force of law, prefaced by a +constitution (_Cordi nobis_) which sets forth its history, and declares +it to be alone authoritative, the former _Codex_ being abrogated. It is +this revised _Codex_ which has come down to the modern world, all copies +of the earlier edition having disappeared. + + The constitutions contained in it number 4652, the earliest dating + from Hadrian, the latest being of course Justinian's own. A few thus + belong to the period to which the greater part of the _Digest_ + belongs, i.e. the so-called classical period of Roman law down to the + time of Alexander Severus (244); but the great majority are later, and + belong to one or other of the four great eras of imperial legislation, + the eras of Diocletian, of Constantine, of Theodosius II., and of + Justinian himself. Although this _Codex_ is said to have the same + general order as that of the _Digest_, viz. the order of the Perpetual + Edict, there are considerable differences of arrangement between the + two. It is divided into twelve books. Its contents, although of course + of the utmost practical importance to the lawyers of that time, and of + much value still, historical as well as legal, are far less + interesting and scientifically admirable than the extracts preserved + in the _Digest_. The difference is even greater than that between the + English reports of cases decided since the days of Lord Holt and the + English acts of parliament for the same two centuries. + + The emperor's scheme was now complete. All the Roman law had been + gathered into two volumes of not excessive size, and a satisfactory + manual for beginners added. But Justinian and Tribonian had grown so + fond of legislating that they found it hard to leave off. Moreover, + the very simplifications that had been so far effected brought into + view with more clearness such anomalies or pieces of injustice as + still continued to deform the law. Thus no sooner had the work been + rounded off than fresh excrescences began to be created by the + publication of new laws. Between 534 and 565 Justinian issued a great + number of ordinances, dealing with all sorts of subjects and seriously + altering the law on many points--the majority appearing before the + death of Tribonian, which happened in 545. These ordinances are + called, by way of distinction, new constitutions, _Novellae + constitutiones post codicem_ ([Greek: nearai diataxeis]), _Novels_. + Although the emperor had stated in publishing the Codex that all + further statutes (if any) would be officially collected, this promise + does not seem to have been redeemed. The three collections of the + _Novels_ which we possess are apparently private collections, nor do + we even know how many such constitutions were promulgated. One of the + three contains 168 (together with 13 Edicts), but some of these are by + the emperors Justin II. and Tiberius II. Another, the so-called + _Epitome of Julian_, contains 125 Novels in Latin; and the third, the + _Liber authenticarum_ or _vulgata versio_, has 134, also in Latin. + This last was the collection first known and chiefly used in the West + during the middle ages; and of its 134 only 97 have been written on by + the _glossatores_ or medieval commentators; these therefore alone have + been received as binding in those countries which recognize and obey + the Roman law,--according to the maxim _Quicquid non agnoscit glossa, + nec agnoscit curia_. And, whereas Justinian's constitutions contained + in the _Codex_ were all issued in Latin, the rest of the book being in + that tongue, these _Novels_ were nearly all published in Greek, Latin + translations being of course made for the use of the western + provinces. They are very bulky, and with the exception of a few, + particularly the 116th and 118th, which introduce the most sweeping + and laudable reforms into the law of intestate succession, are much + more interesting, as supplying materials for the history of the time, + social, economical and ecclesiastical, than in respect of any purely + legal merits. They may be found printed in any edition of the _Corpus + juris civilis_. + + This _Corpus juris_, which bears and immortalizes Justinian's name, + consists of the four books described above: (1) The authorized + collection of imperial ordinances (_Codex constitutionum_); (2) the + authorized collection of extracts from the great jurists (_Digesta_ or + _Pandectae_); (3) the elementary handbook (_Institutiones_); (4) the + unauthorized collection of constitutions subsequent to the _Codex_ + (_Novellae_). + +From what has been already stated, the reader will perceive that +Justinian did not, according to a strict use of terms, codify the Roman +law. By a codification we understand the reduction of the whole +pre-existing body of law to a new form, the re-stating it in a series of +propositions, scientifically ordered, which may or may not contain some +new substance, but are at any rate new in form. If he had, so to speak, +thrown into one furnace all the law contained in the treatises of the +jurists and in the imperial ordinances, fused them down, the gold of the +one and the silver of the other, and run them out into new moulds, this +would have been codification. What he did do was something quite +different. It was not codification but consolidation, not remoulding but +abridging. He made extracts from the existing law, preserving the old +words, and merely cutting out repetitions, removing contradictions, +retrenching superfluities, so as immensely to reduce the bulk of the +whole. And he made not one set of such extracts but two, one for the +jurist law, the other for the statute law. He gave to posterity not one +code but two digests or collections of extracts, which are new only to +this extent that they are arranged in a new order, having been +previously altogether unconnected with one another, and that here and +there their words have been modified in order to bring one extract into +harmony with some other. Except for this, the matter is old in +expression as well as in substance. + +Thus regarded, even without remarking that the _Novels_, never having +been officially collected, much less incorporated with the _Codex_, mar +the symmetry of the structure, Justinian's work may appear to entitle +him and Tribonian to much less credit than they have usually received +for it. But let it be observed, first, that to reduce the huge and +confused mass of pre-existing law into the compass of these two +collections was an immense practical benefit to the empire; secondly, +that, whereas the work which he undertook was accomplished in seven +years, the infinitely more difficult task of codification might probably +have been left unfinished at Tribonian's death, or even at Justinian's +own, and been abandoned by his successor; thirdly, that in the extracts +preserved in the _Digest_ we have the opinions of the greatest legal +luminaries given in their own admirably lucid, philosophical and concise +language, while in the extracts of which the _Codex_ is composed we +find valuable historical evidence bearing on the administration and +social condition of the later Pagan and earlier Christian empire; +fourthly, that Justinian's age, that is to say, the intellect of the men +whose services he commanded, was quite unequal to so vast an undertaking +as the fusing upon scientific principles into one new organic whole of +the entire law of the empire. With sufficient time and labour the work +might no doubt have been done; but what we possess of Justinian's own +legislation, and still more what we know of the general condition of +literary and legal capacity in his time, makes it certain that it would +not have been well done, and that the result would have been not more +valuable to the Romans of that age, and much less valuable to the modern +world, than are the results, preserved in the _Digest_ and the _Codex_, +of what he and Tribonian actually did. + +To the merits of the work as actually performed some reference has +already been made. The chief defect of the _Digest_ is in point of +scientific arrangement, a matter about which the Roman lawyers, perhaps +one may say the ancients generally, cared very little. There are some +repetitions and some inconsistencies, but not more than may fairly be +allowed for in a compilation of such magnitude executed so rapidly. +Tribonian has been blamed for the insertions the compilers made in the +sentences of the old jurists (the so-called _Emblemata Triboniani_); but +it was a part of Justinian's plan that such insertions should be made, +so as to adapt those sentences to the law as settled in the emperor's +time. On Justinian's own laws, contained in the _Codex_ and in his +_Novels_, a somewhat less favourable judgment must be pronounced. They, +and especially the latter, are diffuse and often lax in expression, +needlessly prolix, and pompously rhetorical. The policy of many, +particularly of those which deal with ecclesiastical matters, may also +be condemned; yet some gratitude is due to the legislator who put the +law of intestate succession on that plain and rational footing whereon +it has ever since continued to stand. It is somewhat remarkable that, +although Justinian is so much more familiar to us by his legislation +than by anything else, this sphere of his imperial labour is hardly +referred to by any of the contemporary historians, and then only with +censure. Procopius complains that he and Tribonian were always repealing +old laws and enacting new ones, and accuses them of venal motives for +doing so. + + The _Corpus Juris_ of Justinian continued to be, with naturally a few + additions in the ordinances of succeeding emperors, the chief law-book + of the Roman world till the time of the Macedonian dynasty when, + towards the end of the 9th century, a new system was prepared and + issued by those sovereigns, which we know as the _Basilica_. It is of + course written in Greek, and consists of parts of the substance of the + _Codex_ and the _Digest_, thrown together and often altered in + expression, together with some matter from the _Novels_ and imperial + ordinances posterior to Justinian. In the western provinces, which had + been wholly severed from the empire before the publication of the + _Basilica_, the law as settled by Justinian held its ground; but + copies of the _Corpus Juris_ were extremely rare, nor did the study of + it revive until the end of the 11th century. + + The best edition of the _Digest_ is that of Mommsen (Berlin + 1868-1870), and of the _Codex_ that of Krüger (Berlin 1875-1877). + +2. In his financial administration of the empire, Justinian is +represented to us as being at once rapacious and extravagant. His +unwearied activity and inordinate vanity led him to undertake a great +many costly public works, many of them, such as the erection of palaces +and churches, unremunerative. The money needed for these, for his wars, +and for buying off the barbarians who threatened the frontiers, had to +be obtained by increasing the burdens of the people. They suffered, not +only from the regular taxes, which were seldom remitted even after bad +seasons, but also from monopolies; and Procopius goes so far as to +allege that the emperor made a practice of further recruiting his +treasury by confiscating on slight or fictitious pretexts the property +of persons who had displeased Theodora or himself. Fiscal severities +were no doubt one cause of the insurrections which now and then broke +out, and in the gravest of which, (532) thirty thousand persons are said +to have perished in the capital. It is not always easy to discover, +putting together the trustworthy evidence of Justinian's own laws and +the angry complaints of Procopius, what was the nature and +justification of the changes made in the civil administration. But the +general conclusion seems to be that these changes were always in the +direction of further centralization, increasing the power of the chief +ministers and their offices, bringing all more directly under the +control of the Crown, and in some cases limiting the powers and +appropriating the funds of local municipalities. Financial necessities +compelled retrenchment, so that a certain number of offices were +suppressed altogether, much to the disgust of the office-holding class, +which was numerous and wealthy, and had almost come to look on the civil +service as its hereditary possession. The most remarkable instance of +this policy was the discontinuance of the consulship. This great office +had remained a dignity centuries after it had ceased to be a power; but +it was a very costly dignity, the holder being expected to spend large +sums in public displays. As these sums were provided by the state, +Justinian saved something considerable by stopping the payment. He named +no consul after Basilius, who was the name-giving consul of 541. + +In a bureaucratic despotism the greatest merit of a sovereign is to +choose capable and honest ministers. Justinian's selections were usually +capable, but not so often honest; probably it was hard to find +thoroughly upright officials; possibly they would not have been most +serviceable in carrying out the imperial will, and especially in +replenishing the imperial treasury. Even the great Tribonian labours +under the reproach of corruption, while the fact that Justinian +maintained John of Cappadocia in power long after his greed, his +unscrupulousness, and the excesses of his private life had excited the +anger of the whole empire, reflects little credit on his own principles +of government and sense of duty to his subjects. The department of +administration in which he seems to have felt most personal interest was +that of public works. He spent immense sums on buildings of all sorts, +on quays and harbours, on fortifications, repairing the walls of cities +and erecting castles in Thrace to check the inroads of the barbarians, +on aqueducts, on monasteries, above all, upon churches. Of these works +only two remain perfect, St Sophia in Constantinople, now a mosque, and +one of the architectural wonders of the world, and the church of SS +Sergius and Bacchus, now commonly called Little St Sophia, which stands +about half a mile from the great church, and is in its way a very +delicate and beautiful piece of work. The church of S. Vitale at +Ravenna, though built in Justinian's reign, and containing mosaic +pictures of him and Theodora, does not appear to have owed anything to +his mind or purse. + +3. Justinian's ecclesiastical policy was so complex and varying that it +is impossible within the limits of this article to do more than indicate +its bare outlines. For many years before the accession of his uncle +Justin, the Eastern world had been vexed by the struggles of the +Monophysite party, who recognized only one nature in Christ, against the +view which then and ever since has maintained itself as orthodox, that +the divine and human natures coexisted in Him. The latter doctrine had +triumphed at the council of Chalcedon, and was held by the whole Western +Church, but Egypt, great part of Syria and Asia Minor, and a +considerable minority even in Constantinople clung to Monophysitism. The +emperors Zeno and Anastasius had been strongly suspected of it, and the +Roman bishops had refused to communicate with the patriarchs of +Constantinople since 484, when they had condemned Acacius for accepting +the formula of conciliation issued by Zeno. One of Justinian's first +public acts was to put an end to this schism by inducing Justin to make +the then patriarch renounce this formula and declare his full adhesion +to the creed of Chalcedon. When he himself came to the throne he +endeavoured to persuade the Monophysites to come in by summoning some of +their leaders to a conference. This failing, he ejected suspected +prelates, and occasionally persecuted them, though with far less +severity than that applied to the heretics of a deeper dye, such as +Montanists or even Arians. Not long afterwards, his attention having +been called to the spread of Origenistic opinions in Syria, he issued an +edict condemning fourteen propositions drawn from the writings of the +great Alexandrian, and caused a synod to be held under the presidency +of Mennas (whom he had named patriarch of Constantinople), which renewed +the condemnation of the impugned doctrines and anathematized Origen +himself. Still later, he was induced by the machinations of some of the +prelates who haunted his court, and by the influence of Theodora, +herself much interested in theological questions, and more than +suspected of Monophysitism, to raise a needless, mischievous, and +protracted controversy. The Monophysites sometimes alleged that they +could not accept the decrees of the council of Chalcedon because that +council had not condemned, but (as they argued) virtually approved, +three writers tainted with Nestorian principles, Theodore of Mopsuestia, +Theodoret, and Ibas, bishop of Edessa. It was represented to the +emperor, who was still pursued by the desire to bring back the +schismatics, that a great step would have been taken towards +reconciliation if a condemnation of these teachers, or rather of such of +their books as were complained of, could be brought about, since then +the Chalcedonian party would be purged from any appearance of sympathy +with the errors of Nestorius. Not stopping to reflect that in the angry +and suspicious state of men's minds he was sure to lose as much in one +direction as he would gain in the other, Justinian entered into the +idea, and put forth an edict exposing and denouncing the errors +contained in the writings of Theodore generally, in the treatise of +Theodoret against Cyril of Alexandria, and in a letter of Bishop Ibas (a +letter whose authenticity was doubted, but which passed under his name) +to the Persian bishop Maris. This edict was circulated through the +Christian world to be subscribed by the bishops. The four Eastern +patriarchs, and the great majority of the Eastern prelates generally, +subscribed, though reluctantly, for it was felt that a dangerous +precedent was being set when dead authors were anathematized, and that +this new movement could hardly fail to weaken the authority of the +council of Chalcedon. Among the Western bishops, who were less disposed +both to Monophysitism and to subservience, and especially by those of +Africa, the edict was earnestly resisted. When it was found that Pope +Vigilius did not forthwith comply, he was summoned to Constantinople. +Even there he resisted, not so much, it would seem, from any scruples of +his own, for he was not a high-minded man, as because he knew that he +dared not return to Italy if he gave way. Long disputes and negotiations +followed, the end of which was that Justinian summoned a general council +of the church, that which we reckon the Fifth, which condemned the +impugned writings, and anathematized several other heretical authors. +Its decrees were received in the East but long contested in the Western +Church, where a schism arose that lasted for seventy years. This is the +controversy known as that of the Three Chapters (_Tria capitula_, +[Greek: tria kephalaia]), apparently from the three propositions or +condemnations contained in Justinian's original edict, one relating to +Theodore's writings and person, the second to the incriminated treatise +of Theodoret (whose person was not attacked), the third to the letter +(if genuine) of Ibas (see Hefele, _Conciliengeschichte_, ii. 777). + +At the very end of his long career of theological discussion, Justinian +himself lapsed into heresy, by accepting the doctrine that the earthly +body of Christ was incorruptible, insensible to the weaknesses of the +flesh, a doctrine which had been advanced by Julian, bishop of +Halicarnassus, and went by the name of Aphthartodocetism. According to +his usual practice, he issued an edict enforcing this view, and +requiring all patriarchs, metropolitans, and bishops to subscribe to it. +Some, who not unnaturally held that it was rank Monophysitism, refused +at once, and were deprived of their sees, among them Eutychius the +eminent patriarch of Constantinople. Others submitted or temporized; but +before there had been time enough for the matter to be carried through, +the emperor died, having tarnished if not utterly forfeited by this last +error the reputation won by a life devoted to the service of Orthodoxy. + +As no preceding sovereign had been so much interested in church affairs, +so none seems to have shown so much activity as a persecutor both of +pagans and of heretics. He renewed with additional stringency the laws +against both these classes. The former embraced a large part of the +rural population in certain secluded districts, such as parts of Asia +Minor and Peloponnesus; and we are told that the efforts directed +against them resulted in the forcible baptism of 70,000 persons in Asia +Minor alone. Paganism, however, survived; we find it in Laconia in the +end of the 9th century, and in northern Syria it has lasted till our own +times. There were also a good many crypto-pagans among the educated +population of the capital. Procopius, for instance, if he was not +actually a Pagan, was certainly very little of a Christian. Inquiries +made in the third year of Justinian's reign drove nearly all of these +persons into an outward conformity, and their offspring seem to have +become ordinary Christians. At Athens, the philosophers who taught in +the schools hallowed by memories of Plato still openly professed what +passed for Paganism, though it was really a body of moral doctrine, +strongly tinged with mysticism, in which there was far more of +Christianity and of the speculative metaphysics of the East than of the +old Olympian religion. Justinian, partly from religious motives, partly +because he discountenanced all rivals to the imperial university of +Constantinople, closed these Athenian schools (529). The professors +sought refuge at the court of Chosroes, king of Persia, but were soon so +much disgusted by the ideas and practices of the fire-worshippers that +they returned to the empire, Chosroes having magnanimously obtained from +Justinian a promise that they should be suffered to pass the rest of +their days unmolested. Heresy proved more obstinate. The severities +directed against the Montanists of Phrygia led to a furious war, in +which most of the sectaries perished, while the doctrine was not +extinguished. Harsh laws provoked the Samaritans to a revolt, from whose +effects Palestine had not recovered when conquered by the Arabs in the +following century. The Nestorians and the Eutychian Monophysites were +not threatened with such severe civil penalties, although their worship +was interdicted, and their bishops were sometimes banished; but this +vexatious treatment was quite enough to keep them disaffected, and the +rapidity of the Mahommedan conquests may be partly traced to that +alienation of the bulk of the Egyptian and a large part of the Syrian +population which dates from Justinian's persecutions. + +4. Justinian was engaged in three great foreign wars, two of them of his +own seeking, the third a legacy which nearly every emperor had come into +for three centuries, the secular strife of Rome and Persia. The Sassanid +kings of Persia ruled a dominion which extended from the confines of +Syria to those of India, and from the straits of Oman to the Caucasus. +The martial character of their population made them formidable enemies +to the Romans, whose troops were at this epoch mainly barbarians, the +settled and civilized subjects of the empire being as a rule averse from +war. When Justinian came to the throne, his troops were maintaining an +unequal struggle on the Euphrates against the armies of Kavadh I. +(q.v.). After some campaigns, in which the skill of Belisarius obtained +considerable successes, a peace was concluded in 533 with Chosroes I. +(q.v.). This lasted till 539, when Chosroes declared war, alleging that +Justinian had been secretly intriguing against him with the Hephthalite +Huns, and doubtless moved by alarm and envy at the victories which the +Romans had been gaining in Italy. The emperor was too much occupied in +the West to be able adequately to defend his eastern frontier. Chosroes +advanced into Syria with little resistance, and in 540 captured Antioch, +then the greatest city in Asia, carrying off its inhabitants into +captivity. The war continued with varying fortunes for four years more +in this quarter; while in the meantime an even fiercer struggle had +begun in the mountainous region inhabited by the Lazi at the +south-eastern corner of the Black Sea (see COLCHIS). When after +two-and-twenty years of fighting no substantial advantage had been +gained by either party, Chosroes agreed in 562 to a peace which left +Lazica to the Romans, but under the dishonourable condition of their +paying 30,000 pieces of gold annually to the Persian king. Thus no +result of permanent importance flowed from these Persian wars, except +that they greatly weakened the Roman Empire, increased Justinian's +financial embarrassments, and prevented him from prosecuting with +sufficient vigour his enterprises in the West. (See further PERSIA: +_Ancient History_, "The Sassanid Dynasty.") + +These enterprises had begun in 533 with an attack on the Vandals, who +were then reigning in Africa. Belisarius, despatched from Constantinople +with a large fleet and army, landed without opposition, and destroyed +the barbarian power in two engagements. North Africa from beyond the +straits of Gibraltar to the Syrtes became again a Roman province, +although the Moorish tribes of the interior maintained a species of +independence; and part of southern Spain was also recovered for the +empire. The ease with which so important a conquest had been effected +encouraged Justinian to attack the Ostrogoths of Italy, whose kingdom, +though vast in extent, for it included part of south-eastern Gaul, +Raetia, Dalmatia and part of Pannonia, as well as Italy, Sicily, +Sardinia and Corsica, had been grievously weakened by the death first of +the great Theodoric, and some years later of his grandson Athalaric, so +that the Gothic nation was practically without a head. Justinian began +the war in 535, taking as his pretext the murder of Queen Amalasuntha, +daughter of Theodoric, who had placed herself under his protection, and +alleging that the Ostrogothic kingdom had always owned a species of +allegiance to the emperor at Constantinople. There was some foundation +for this claim, although of course it could not have been made effective +against Theodoric, who was more powerful than his supposed suzerain. +Belisarius, who had been made commander of the Italian expedition, +overran Sicily, reduced southern Italy, and in 536 occupied Rome. Here +he was attacked in the following year by Vitiges, who had been chosen +king by the Goths, with a greatly superior force. After a siege of over +a year, the energy, skill, and courage of Belisarius, and the sickness +which was preying on the Gothic troops, obliged Vitiges to retire. +Belisarius pursued his diminished army northwards, shut him up in +Ravenna, and ultimately received the surrender of that impregnable city. +Vitiges was sent prisoner to Constantinople, where Justinian treated +him, as he had previously treated the captive Vandal king, with +clemency. The imperial administration was established through Italy, but +its rapacity soon began to excite discontent, and the kernel of the +Gothic nation had not submitted. After two short and unfortunate reigns, +the crown had been bestowed on Totila or Baduila, a warrior of +distinguished abilities, who by degrees drove the imperial generals and +governors out of Italy. Belisarius was sent against him, but with forces +too small for the gravity of the situation. He moved from place to place +during several years, but saw city after city captured by or open its +gates to Totila, till only Ravenna, Otranto and Ancona remained. +Justinian was occupied by the ecclesiastical controversy of the Three +Chapters, and had not the money to fit out a proper army and fleet; +indeed, it may be doubted whether he would ever have roused himself to +the necessary exertions but for the presence at Constantinople of a knot +of Roman exiles, who kept urging him to reconquer Italy, representing +that with their help and the sympathy of the people it would not be a +difficult enterprise. The emperor at last complied, and in 552 a +powerful army was despatched under Narses, an Armenian eunuch now +advanced in life, but reputed the most skilful general of the age, as +Belisarius was the hottest soldier. He marched along the coast of the +Gulf of Venice, and encountered the army of Totila at Taginae not far +from Cesena. Totila was slain, and the Gothic cause irretrievably lost. +The valiant remains of the nation made another stand under Teias on the +Lactarian Hill in Campania; after that they disappear from history. +Italy was recovered for the empire, but it was an Italy terribly +impoverished and depopulated, whose possession carried little strength +with it. Justinian's policy both in the Vandalic and in the Gothic War +stands condemned by the result. The resources of the state, which might +better have been spent in defending the northern frontier against Slavs +and Huns and the eastern frontier against Persians, were consumed in the +conquest of two countries which had suffered too much to be of any +substantial value, and which, separated by language as well as by +intervening seas, could not be permanently retained. However, Justinian +must have been almost preternaturally wise to have foreseen this: his +conduct was in the circumstances only what might have been expected from +an ambitious prince who perceived an opportunity of recovering +territories that had formerly belonged to the empire, and over which its +rights were conceived to be only suspended. + +Besides these three great foreign wars, Justinian's reign was troubled +by a constant succession of border inroads, especially on the northern +frontier, where the various Slavonic and Hunnish tribes who were +established along the lower Danube and on the north coast of the Black +Sea made frequent marauding expeditions into Thrace and Macedonia, +sometimes penetrating as far as the walls of Constantinople in one +direction and the Isthmus of Corinth in another. Immense damage was +inflicted by these marauders on the subjects of the empire, who seem to +have been mostly too peaceable to defend themselves, and whom the +emperor could not spare troops enough to protect. Fields were laid +waste, villages burnt, large numbers of people carried into captivity; +and on one occasion the capital was itself in danger. + +5. It only remains to say something regarding Justinian's personal +character and capacities, with regard to which a great diversity of +opinion has existed among historians. The civilians, looking on him as a +patriarch of their science, have as a rule extolled his wisdom and +virtues; while ecclesiastics of the Roman Church, from Cardinal Baronius +downwards, have been offended by his arbitrary conduct towards the +popes, and by his last lapse into heresy, and have therefore been +disposed to accept the stories which ascribe to him perfidy, cruelty, +rapacity and extravagance. The difficulty of arriving at a fair +conclusion is increased by the fact that Procopius, who is our chief +authority for the events of his reign, speaks with a very different +voice in his secret memoirs (the _Anecdota_) from that which he has used +in his published history, and that some of the accusations contained in +the former work are so rancorous and improbable that a certain measure +of discredit attaches to everything which it contains. The truth seems +to be that Justinian was not a great ruler in the higher sense of the +word, that is to say, a man of large views, deep insight, a capacity for +forming just such plans as the circumstances needed, and carrying them +out by a skilful adaptation of means to ends. But he was a man of +considerable abilities, wonderful activity of mind, and admirable +industry. He was interested in many things, and threw himself with +ardour into whatever he took up; he contrived schemes quickly, and +pushed them on with an energy which usually made them succeed when no +long time was needed, for, if a project was delayed, there was a risk of +his tiring of it and dropping it. Although vain and full of +self-confidence, he was easily led by those who knew how to get at him, +and particularly by his wife. She exercised over him that influence +which a stronger character always exercises over a weaker, whatever +their respective positions; and unfortunately it was seldom a good +influence, for Theodora (q.v.) seems to have been a woman who, with all +her brilliant gifts of intelligence and manner, had no principles and no +pity. Justinian was rather quick than strong or profound; his policy +does not strike one as the result of deliberate and well-considered +views, but dictated by the hopes and fancies of the moment. His activity +was in so far a misfortune as it led him to attempt too many things at +once, and engage in undertakings so costly that oppression became +necessary to provide the funds for them. Even his devotion to work, +which excites our admiration, in the centre of a luxurious court, was to +a great extent unprofitable, for it was mainly given to theological +controversies which neither he nor any one else could settle. Still, +after making all deductions, it is plain that the man who accomplished +so much, and kept the whole world so occupied, as Justinian did during +the thirty-eight years of his reign, must have possessed no common +abilities. He was affable and easy of approach to all his subjects, with +a pleasant address; nor does he seem to have been, like his wife, either +cruel or revengeful. We hear several times of his sparing those who had +conspired against him. But he was not scrupulous in the means he +employed, and he was willing to maintain in power detestable ministers +if only they served him efficiently and filled his coffers. His chief +passion, after that for his own fame and glory, seems to have been for +theology and religion; it was in this field that his literary powers +exerted themselves (for he wrote controversial treatises and hymns), and +his taste also, for among his numerous buildings the churches are those +on which he spent most thought and money. Considering that his legal +reforms are those by which his name is mainly known to posterity, it is +curious that we should have hardly any information as to his legal +knowledge, or the share which he took in those reforms. In person he was +somewhat above the middle height, well-shaped, with plenty of fresh +colour in his cheeks, and an extraordinary power of doing without food +and sleep. He spent most of the night in reading or writing, and would +sometimes go for a day with no food but a few green herbs. Two mosaic +figures of him exist at Ravenna, one in the apse of the church of S. +Vitale, the other in the church of S. Apollinare in Urbe; but of course +one cannot be sure how far in such a material the portrait fairly +represents the original. He had no children by his marriage with +Theodora, and did not marry after her decease. On his death, which took +place on the 14th of November 565, the crown passed to his nephew Justin +II. + + AUTHORITIES.--For the life of Justinian the chief authorities are + Procopius (_Historiae, De aedificiis, Anecdota_) and (from 552 A.D.) + the _History_ of Agathias; the Chronicle of Johannes Malalas is also + of value. Occasional reference must be made to the writings of + Jordanes and Marcellinus, and even to the late compilations of + Cedrenus and Zonaras. The _Vita Justiniani_ of Ludewig or Ludwig + (Halle, 1731), a work of patient research, is frequently referred to + by Gibbon in his important chapters relating to the reign of + Justinian, in the _Decline and Fall_ (see Bury's edition, 1900). There + is a _Vie de Justinien_ by Isambert (2 vols., Paris, 1856). See also + Hutton's _Church of the Sixth Century_ (1897); J. B. Bury's _Later + Roman Empire_ (1889); Hodgkin's _Italy and her Invaders_ (1880). + (J. Br.) + + +FOOTNOTES: + + [1] It is commonly identified with the modern Küstendil, but Usküb + (the ancient Skupi) has also been suggested. See Tozer, _Highlands of + European Turkey_, ii. 370. + + [2] The name Uprauda is said to be derived from the word _prauda_, + which in Old Slavic means _jus_, _justitia_, the prefix being simply + a breathing frequently attached to Slavonic names. + + [3] See, for an account of the instructions given to the commission, + the constitution _Haec quae_, prefixed to the revised _Codex_ in the + _Corpus juris civilis_. + + [4] See the constitution _Deo auctore_ (_Cod._ i. 17, 1). + + [5] In the middle ages people used to cite passages by the initial + words; and the Germans do so still, giving, however, the number of + the paragraph in the extract (if there are more paragraphs than one), + and appending the number of the book and title. We in Britain and + America usually cite by the numbers of the book, the title and the + paragraph, without referring to the initial words. + + [6] See Bluhme, "Die Ordnung der Fragmente in den Pandektentiteln," + in Savigny's _Zeitschr. f. gesch. Rechtswissenschaft_, vol. iv. + + + + + +End of the Project Gutenberg EBook of Encyclopaedia Britannica, 11th +Edition, Volume 15, Slice 5, by Various + +*** END OF THE PROJECT GUTENBERG EBOOK 40956 *** |