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diff --git a/40956.txt b/40956.txt deleted file mode 100644 index 94b742c..0000000 --- a/40956.txt +++ /dev/null @@ -1,18229 +0,0 @@ -The Project Gutenberg EBook of Encyclopaedia Britannica, 11th Edition, -Volume 15, Slice 5, by Various - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org - - -Title: Encyclopaedia Britannica, 11th Edition, Volume 15, Slice 5 - "Joints" to "Justinian I." - -Author: Various - -Release Date: October 6, 2012 [EBook #40956] - -Language: English - -Character set encoding: ASCII - -*** START OF THIS PROJECT GUTENBERG EBOOK ENCYCLOPAEDIA BRITANNICA *** - - - - -Produced by Marius Masi, Don Kretz and the Online -Distributed Proofreading Team at http://www.pgdp.net - - - - - - - -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) JUCAR - JOINTURE JUD, LEO - JOINVILLE JUDAEA - JOINVILLE, FRANCOIS LOUIS MARIE JUDAH - JOINVILLE, JEAN JUDAS ISCARIOT - JOIST JUDAS-TREE - JOKAI, MAURUS JUDD, SYLVESTER - JOKJAKARTA JUDE, THE GENERAL EPISTLE OF - JOLIET JUDGE - JOLLY JUDGE-ADVOCATE-GENERAL - JOLY DE LOTBINIERE, 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 - JONCIERES, 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 JULICH - JONES, THOMAS RUPERT JULIEN, STANISLAS - JONES, WILLIAM JULIUS - JONES, SIR WILLIAM JULLIEN, LOUIS ANTOINE - JONKOPING JULLUNDUR - JONSON, BEN JULY - JOPLIN JUMALA - JOPPA JUMIEGES - 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 - JOSIKA, MIKLOS [NICHOLAS] JUNKET - JOSIPPON JUNO - JOSS JUNOT, ANDOCHE - JOST, ISAAK MARKUS JUNOT, LAURE - JOTUNHEIM JUNTA - JOUBERT, BARTHELEMY CATHERINE JUPITER (Roman deity) - JOUBERT, JOSEPH JUPITER (planet) - JOUBERT, PETRUS JACOBUS JUR - JOUFFROY, JEAN JURA (department of France) - JOUFFROY, THEODORE SIMON JURA (island) - JOUGS JURA (mountains) - JOULE, JAMES PRESCOTT JURASSIC - JOURDAN, JEAN BAPTISTE JURAT - JOURNAL JURIEN DE LA GRAVIERE, JEAN EDMOND - JOURNEY JURIEU, PIERRE - JOUVENET, JEAN JURIS - JOUY, VICTOR JOSEPH ETIENNE 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 ENTREE 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. - JUBE 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 pyaemia - (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 pyaemic 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 Etienne 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 Vaudemont, through his mother, -Marguerite de Vaudemont. 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 genealogie des seigneurs - de Joinville_ (1875); H. F. Delaborde, _Jean de Joinville et les - seigneurs de Joinville_ (1894). (M. P.*) - - - - -JOINVILLE, FRANCOIS FERDINAND PHILIPPE LOUIS MARIE, PRINCE DE -(1818-1900), third son of Louis Phllippe, duc d'Orleans, 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 Penthievre (born in 1845), also brought up to the navy, and a -daughter Francoise (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 francaise_ - (1853); _Etudes sur la marine_ (1859 and 1870); _La Guerre d'Amerique, - 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'ecarlate" 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 "forcontes" (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 _commerage_ 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 Simeon 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 Rene 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 _Etudes 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 litterature - francaises au moyen age_, ii. 196-211; see also Gaston Paris, _Litt. - francaise au moyen age_ (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 -_gite_, a beam supporting the platform of a gun. By origin the word -meant that on which anything lies or rests (_gesir_, 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 scay bien ou gist le lievre_, I know well where the hare -lies, i.e. I know the real point of the matter. - - - - -JOKAI, MAURUS (1825-1904), Hungarian novelist, was born at Rev-Komarom -on the 19th of February 1825. His father, Joseph, was a member of the -Asva branch of the ancient Jokay 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 Papa, where he -first met Petofi, 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, _Zsido fiu_ ("The Jew Boy"), he flitted, when barely twenty, to -Pest in 1845 with a MS. romance in his pocket; he was introduced by -Petofi to the literary notabilities of the Hungarian capital, and the -same year his first notable romance _Hetkoznapok_ ("Working Days"), -appeared, first in the columns of the _Pesti Dievatlap_, and -subsequently, in 1846, in book form. _Hetkoznapok_, 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 Jokai -was appointed the editor of _Eletkepek_, 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 facetiae. -This was the period of such masterpieces as _Erdely Arany Kord_ ("The -Golden Age of Transylvania"), with its sequel _Torokvilag -Magyarorszagon_ ("The Turks in Hungary"), _Egy Magyar Nabob_ ("A -Hungarian Nabob"), _Karpathy Zoltan, Janicsarok vegnapjai_ ("The Last -Days of the Janissaries"), _Szomoru napok_ ("Sad Days"). On the -re-establishment of the Hungarian constitution by the Composition of -1867, Jokai 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 tengerzemu holgy_ ("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. Jokai 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 _pere_, 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 Nevy Laszlo, _Jokai Mor_; Hegedusis Sandor, _Jokai Morrol_; 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 Fe, 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 LOTBINIERE, 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 Lotbiniere, marquis de Lotbiniere -(one of Montcalm's engineers at Quebec); he thus became seigneur de -Lotbiniere. Henri Gustave adopted the name of de Lotbiniere 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 -Lotbiniere, 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 Luneville in 1801 he returned to -business life in Paris, but devoted himself chiefly to preparing the -celebrated _Traite des grandes operations 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 _Traite_, 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 Lutzen 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 _Traite_, are: - _Histoire critique et militaire des campagnes de la Revolution_ (1806; - new ed. 1819-1824); _Vie politique et militaire de Napoleon racontee - par lui-meme_ (1827) and, perhaps the best known of all his - publications, the theoretical _Precis de l'art de la guerre_ (1836). - - See Ferdinand Lecomte, _Le General Jomini, sa vie et ses ecrits_ - (1861; new ed. 1888); C. A. Saint-Beuve, _Le General Jomini_ (1869); - A. Pascal, _Observations historiques sur la vie, &c., du general - 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 Gesu Cristo under Feo, and also of the -Conservatorio della pieta 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 Wurttemberg 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. Konig, 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 traites 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 - Schrifterklarung_ (Leipzig, 1885); id., _Aus der Schrifterklarung des - Abulwalid_ (Leipzig, 1889); id., _Die hebr.-arabische - Sprachvergleichung des Abulwalid_ (Vienna, 1884); id., _Die - hebraisch-neuhebraische und hebr.-aramaische 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, _Realencyklopadie_, 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). - - - - -JONCIERES, 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 Pompei_ -(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. Joncieres' 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. Joncieres, -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 Liberte_. 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 ecarte. "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 debut 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 Moliere'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 L250,000. 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 Francois -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 L1000, 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 _Traite sur la poesie -orientale_, and by a French metrical translation of the odes of Hafiz. -In 1771 he published a _Dissertation sur la litterature 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 _Moallakat_. 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. - - - - -JONKOPING, a town of Sweden, capital of the district (_lan_) of -Jonkoping, 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, Roksjo and Munksjo. 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 Lundstrom in 1844. The well-known -brand of _sakerhets-tandstickor_ (safety-matches) was introduced later. -There are also textile manufactures, paper-factories (on Munksjo), 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. Jonkoping is the seat of one of the -three courts of appeal in Sweden. - -Jonkoping 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. Jonkoping 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 Meres 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 L10 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 L200--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, L33, 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 L100, 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 Moliere 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 Poesy_ - (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 zeitgenossische 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, "Uber 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 - _Munchener Beitrage_, 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 L264,950, the imports L382,405. 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 -liberte des cultes_ procured him the sobriquet of Jordan-Cloche. -Proscribed at the _coup d'etat_ 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 a 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 reciproque de l'eloquence sur la Revolution et de la -Revolution sur l'eloquence_; _Etudes 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 a M. Lamourette_ (1791); _Histoire de la - conversion d'une dame Parisienne_ (1792); _La Loi et la religion - vengees_ (1792); _Adresse a ses commettants sur la revolution 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 francaise_. Besides the various histories of the time, see - further details vol. x. of the _Revue encyclopedique_; a paper on - Jordan and Madame de Stael, by C. A. Sainte-Beuve, in the _Revue des - deux mondes_ for March 1868 and R. Boubee, "Camille Jordan a 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 deg. -F. in the shade, but in winter the temperature falls to 40 deg., and -sometimes to 32 deg. 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 Geographie 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. S 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 Anfange des Konigthums - beiden Gothen_ (Berlin, 1859); Dahn's _Die Konige 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 Severac 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 Quetif 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, SS 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 - Blatter_ of Phillips and Gorres, 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 a Lasco, and with Menno -Simons. Much influenced by Melchior Hofman, he had no sympathy with the -fanatic violence of the Munster 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 role 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 fur die historische Theologie_ (1863, 1864, - 1868); A. van der Linde, in _Allgemeine Deutsche Biographie_ (1881); - P. Burckhardt, _Basler Biographien_ (1900); Hegler, in Hauck's - _Realencyklopadie_ (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 X 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: euschemon -bouleutes], 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-Luneburg, 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 -Eugene, 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 -Rackoczy 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, _Europaische 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 Mahrisch-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 -_Furstenbund_ 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. Kohler, 1844); H. Meynert, _Kaiser Joseph II._ (1862); A. Beer, - _Joseph II._ (1882); A. Jager, _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-Sudenhorst, _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 revolution - brabanconne_ (1890). - - - - -JOSEPH, FATHER (FRANCOIS 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'Orleans, 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 Pere 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, -Eugene 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 Vendemiaire, 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 Eugene 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 Eugene 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 Eugene 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 Remusat 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, _Memoires historiques et secrets de Josephine_ - (2 vols., 1820); _Lettres de Napoleon a Josephine_ (1833); J. A. - Aubenas, _Hist. de l'imperatrice Josephine_ (2 vols., 1858-1859); J. - Turquan, _L'Imperatrice Josephine_ (2 vols., 1895-1896); F. Masson, - _Josephine_ (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 Remusat 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 Ioudaikou 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: Ioudaike 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). Schurer (_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 L1200, 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 -Nachbarstamme_, 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: Iesous], 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: Iesous ho lestes]. 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 abbe 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, S 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. - - - - -JOSIKA, 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 Kolozsvar (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 Josika resigned his commission, returned to -Hungary, and married his first wife Elizabeth Kallai. The union proving -an unhappy one, Josika 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 Josika 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 Batori. Josika 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 Josika'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 Josika 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 Vilagos (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 Josika, 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 Batoris_ (1837); _The Bohemians in Hungary_ (1839); _Esther_ -(1853); _Francis Rakoczy II._ (1861); and _A Vegvariak_, a tale of the -time of the Transylvanian prince Bethlen Gabor, 1864. Many of Josika's -novels have been translated into German. - - See K. Moenich and S. Vutkovich, _Magyar Irok Nevtara_ (1876); M. - Jokai, "Josika Miklos Emlekezete," _A Kisfaludy-Tarsasag Evlapjai, Uj - folyam_, vol. iii. (1869); G. W. Steinacker, _Ungarische Lyriker_ - (1874). Cf. also Josika's autobiography--_Emlekirat_, 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 Gottingen 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 -Maccabaer_, 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--Galdhopiggen -(8399 ft.)--and several others but little inferior. Such are Glittertind -or Glitretind (8380), and Memurutind (7966), which face Galdhopiggen -across the northward-sloping Visdal; Knutshulstind (7812) and several -other peaks exceeding 7000 ft., to the south, between lakes Gjende and -Bygdin, and Skagastolstind (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, BARTHELEMY 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 - General Joubert d'apres sa correspondance_ (2nd ed. 1884). - - - - -JOUBERT, JOSEPH (1754-1824), French moralist, was born at Montignac -(Correze) 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 -abbe 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 aile, 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 _Pensees_ from them in 1838 -for private circulation. A more complete edition was published by -Joubert's nephew, Paul de Raynal, under the title _Pensees, 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 litteraires_, 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-Saone). 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, THEODORE 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 francais_, _Le Globe_, -_L'Encyclopedie moderne_, and _La Revue europeenne_. 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 _Melanges 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 melanges philosophiques_ (3rd ed. -1872) and _Cours d'esthetique_ (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. Levy Bruhl, _History of Modern Philos. in France_ (1899), pp. - 349-357; C. J. Tissot, _Th. Jouffroy: sa vie et ses ecrits_ (1876); J. - P. Damiron, _Essai sur l'histoire de la philos. en France au xix^e - siecle_ (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 deg. to 61 deg. 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 Barere, 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 Wurzburg, 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 -Massena. He at once resumed his political duties, and was a prominent -opponent of the _coup d'etat_ of 18 Brumaire, after which he was -expelled from the Council of the Five Hundred. Soon, however, he became -formally reconciled to the new regime, 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 _Operations de l'armee du Danube_ (1799); _Memoires pour - servir a 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. _journee_, 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 -Academie 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 _Mem. ined. acad. roy. de p. et de sc._, 1854, and D'Argenville, - _Vies des peintres_. - - - - -JOUY, VICTOR JOSEPH ETIENNE 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 Chaussee d'Antin, ou -observations sur les moeurs et les usages francais au commencement du -xix^e siecle_ (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-role 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. Esmenard, music by Spontini; _Tippo Saib_, - tragedy (1813); _Belisaire_, 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 Alcala, 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, Francois 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 Senor ... 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 Castelar 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 Abtrunnige_, -1880). - - See Ammianus Marcellinus, xxv. 5-10; J. P. de la Bleterie, _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 romischen Kaiserzeit_, vol. ii. (1887); A. - de Broglie, _L'Eglise et l'empire romain au iv^e siecle_ (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) _Commentari 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. - Muntz, _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 L40 a year to L500. 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 Ardeche, France, situated on -the Baume, a tributary of the Ardeche, 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 Chateauneuf-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-Vaudemont, 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: Francois 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 Pere 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, Francois 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 Epinoy. - (M. P.*) - - - - -JOYEUSE ENTREE, 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 Entree_. 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 Entree_ caused a revolt in Brabant, before which -he had to yield. - - See E. Poullet, _La Joyeuse entree, ou constitution Brabanconne_ - (1862). - - - - -JUAN FERNANDEZ ISLANDS, a small group in the South Pacific Ocean, -between 33 deg. and 34 deg. S., 80 deg. 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, Dona -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 Dona Blanca -de la Cerda; he secured the support of Juan Nunez, _alferez_ 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 Dona Constanza. War speedily broke out anew, and -lasted till 1331 when Alphonso XI. invited Juan Manuel and Juan Nunez 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-Nunez, 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 _Engenos 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 caballeria_ (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 -_Cronica 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 _Cronica de Espana_, the _Cronica -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 Penafiel, 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 Valdes -and Cervantes. Some of his themes are utilized for dramatic purposes by -Lope de Vega in _La Pobreza estimada_, by Ruiz de Alarcon in _La Prueba -de las promesas_, by Calderon in _La Vida es sueno_, and by Canizares in -_Don Juan de Espina en Milan_: there is an evident, though remote, -relation between the tale of the _mancebo que caso 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 Espanoles_, 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. Grafenberg in _Romanische Forschungen_, vol. vi.; _La - cronica 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 a la versificacion 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 Queretaro, 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: Rhomaike - 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 graphikes] ([Greek: - Peri zographon]); (9) [Greek: Theatrike historia]; (10) [Greek: - Homoiotetes]; (11) [Greek: Peri phthoras lexeos]; (12) [Greek: - Epigramma]. - - Fragments and life in Muller, _Frag. Hist. Graec._, vol. iii.; see - also Sevin, _Mem. 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 Dieudonne 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 deg. 30' - N., 38 deg. 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 - deg. 15' N., 40 deg. 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 deg. E. in 4 deg. 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 - canon 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 deg. 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 deg. 20' N., a crossing-place for caravans. Beyond 1 - deg. 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 deg. 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 deg. 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 -2(1/2) 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 deg. 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. - - - - -JUBE, 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 _jubes_ 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 Etienne 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 X 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, S 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 (S 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 Iobelaia, hoi Iobelaioi], 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: he lepte Genesis] or [Greek: he -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: timen], but - [Greek: timen] 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 nuha 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 _Jahrbucher_, 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 Jubilaen" (Ewald's _Jahrbucher d. - bibl. Wissensch._ (1851), iii. 72-96); "Pseudepig. des Alten - Testaments," Herzog's _Realencyk._[2] xii. 364-365; "Beitrage aus dem - Buche der Jubilaen zur Kritik des Pentateuch Textes" - (_Sitzungsberichte der Kgl. Preussischen Akad._, 1883); Beer, _Das - Buch der Jubilaen_ (1856); Ronsch, _Das Buch der Jubilaen_ (1874); - Singer, _Das Buch der Jubilaen_ (1898); Bohn, "Die Bedeutung des - Buches der Jubilaen" (_Theol. Stud. und Kritiken_ (1900), pp. - 167-184). A full bibliography will be found in Schurer 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_). - - - - -JUCAR, 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 Jucar 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 Zurich 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 Zurich Bible and also made a Latin version of the Old -Testament. He died at Zurich on the 19th of June 1542. - - See _Life_ by C. Pestalozzi (1860); art. in Herzog-Hauck's - _Realencyklopadie_, 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, SS 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, S 20. (S. A. C.) - - -FOOTNOTES: - - [1] See especially Wellhausen, _De gentibus et familiis Judaeorum_ - (Gottingen, 1869), the articles on the relative proper names in the - _Ency. Bib._, and E. Meyer, _Die Israeliten u. ihre Nachbarstamme_, - 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 Iskariotes] or [Greek: Iskarioth]), 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 uber das Bose - im Verhaltniss 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: kletoi, soteria, -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: pseudonymos gnosis]).'" 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, Julicher, 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, Weizsacker, 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 L2000 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, SS 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 Systeme - 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, Ioudeth], -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 Archaeology_ (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); Lohr, _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 Schurer _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 Kjoge. 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 Jorgensen, _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 Rugen (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 Oland (June 1, 1676), which enabled the Danes -to invade Scania unopposed. On the 1st of June 1677 Juel defeated the -Swedish admiral Sjoblad off Moen; on the 30th of June 1677 he won his -greatest victory, in the Bay of Kjoge, 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 Rugen. 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 Somagts - 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 -Rene, 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 Rene of Alencon, 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 - republique 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 L68,000 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 L100,000 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 _trouveres_; 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 _Memoires couronnes ... publies par - l'Acad. royale de Belgique_, lvii. (1898) and F. Cumont, _Sur - l'authenticite 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: Kara Christianon] (_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 - Abtrunnige_ (1880; see also Th. Noldeke in _Zeitschrift der deutschen - morgenlandischen 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. - Muller, _Kaiser Flavius Claudius Julianus_ (1901); P. Allard, _Julien - l'apostat_ (1900-1903); G. Mau, _Die Religionsphilosophie Kaiser - Julians in seinen Reden auf Konig Helios und die Gottermutter_ (1907); - J. E. Sandys, _Hist. of Classical Scholarship_ (1906), p. 356; W. - Christ, _Geschichte der griechischen Litteratur_ (1898), S 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 _Realencyklopadie fur - 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). - - - - -JULICH (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. Julich (formerly also -Gulch, 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, Julich ranked as a fortress of the -second class. - -JULICH, or JULIERS, DUCHY OF. In the 9th century a certain Matfried was -count of Julich (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 Julich 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 Julich 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, Julich, 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 Julich 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 Julich; 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 Julich 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 Julich 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 Julich 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 Julich, 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 Julich 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 Julich_; M. Ritter, _Sachsen und der - Julicher Erbfolgestreit_ (1873), and _Der Julicher Erbfolgekrieg, 1610 - und 1611_ (1877); A. Muller, _Der Julich-Klevesche Erbfolgestreit im - Jahre 1614_ (1900) and H. H. Koch, _Die Reformation im Herzogtum - Julich_ (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, Noel, 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 Noel then adopted his brother's -name. He studied classics at the college de France, and in 1821 was -appointed assistant professor of Greek. In the same year he published an -edition of the [Greek: Helenes harpage] of Coluthus, with versions in -French, Latin, English, German, Italian and Spanish. He attended the -lectures of Abel Remusat 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 Grece_. 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 -Remusat as professor of Chinese at the college de France. In 1833 he was -elected a member of the Academie 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 recompenses 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 _Resume des principaux traites chinois sur la culture des -muriers, et l'education des vers-a-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 regles de position qui, en chinois, jouent -le meme role 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 Bibliotheque royale, with the especial superintendence of -the Chinese books, and shortly afterwards he was made administrator of -the college 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 pelerin Hiouen-tsang_, which is -regarded by some critics as his most valuable work. Six years later he -published _Les Avadanas, contes et apologues Indiens inconnus jusqu'a ce -jour, suivis de poesies et de nouvelles chinoises_. For the benefit of -future students he disclosed his system of deciphering Sanskrit words -occurring in Chinese books in his _Methode pour dechiffrer 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 lettrees_); 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, _Mem. 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-Hergenrother, - _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 Grundung des - Kirchenstaates_ (1878); A. J. Dumesnil, _Histoire de Jules II._ - (1873); J. J. I. von Dollinger, _Beitrage 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, _Realencyklopadie_, - 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 -_Hegmonath_, "hay-month," or _Maed-monath_, "mead-month," the meadows -being then in bloom. Another name was _aftera lietha_, "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. - - - - -JUMIEGES, a village of north-western France, in the department of -Seine-Inferieure, 17 m. W. of Rouen by road, on a peninsula formed by a -bend of the Seine. Pop. (1906), 244. Jumieges 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 facade with two towers, the walls of -the nave, a wall and sustaining arch of the great central tower and -debris 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 _Enerves_, -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 Jumieges 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 Jumieges 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-Jumieges 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 deg. 3' N. -and 78 deg. 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 deg. 25' N. -and 81 deg. 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. 11(3/4) 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. 1(1/2) 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. 9(1/2) 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. 2(1/2) in., made by H. M. Johnson (U.S.A.); for three jumps -without weights, R. C. Ewry, 35 ft. 7(1/4) 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. 2(1/2) in. with a -run and without weights; for the latter, also with a run and without -weights, 49 ft. 1/2 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. 2(1/2) -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. 4(3/4) in. -The American A. Bird Page, however, although only 5 ft. 6(3/4) 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. - _hleapan_, 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, L174,000; tribute to the British government and the gaekwar of -Baroda, L4200; 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, _Mlada 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 -Monchjoch by six peasants from Grindelwald. In 1841 Principal J. D. -Forbes, with Agassiz, Desor and Du Chatelier, 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. _genievre_, 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. -_genievre_); and in some parts of France a kind of beer called -_genevrette_ 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 Barre, 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, Francois 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 protege 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 Schonau; 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, -Gottingen, 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 -role 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 - Romer_, 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 (Cote 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 secher 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 Massena, 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); _Scenes de la vie espagnole_ (2 vols., 1836); - _Histoire des salons de Paris_ (6 vols., 1837-1838); _Souvenirs d'une - ambassade et d'un sejour en Espagne et en Portugal, de 1808 a 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 _metin_, 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 Romer_ (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 deg. 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 deg. 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. Schroter 9 h. 55 m. 33.6 s. Lat. 12 deg. N. - 1788 " 9 h. 55 m. 17.6 s. Lat. 20 deg. S. - 1835 J. H. Madler 9 h. 55 m. 26.5 s. Lat. 5 deg. 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 deg. to +28 deg. 9 h. 55 m. 37.5 s. - +28 deg. to +24 deg. 9 h. 54(1/2) m. to 9 h. 56(1/2) m. - +24 deg. to +20 deg. 9 h. 48 m. to 9 h. 49(1/2) m. - +20 deg. to +10 deg. 9 h. 55 m. 33.9 s. - +10 deg. to -12 deg. 9 h. 50 m. 20 s. - -12 deg. to -18 deg. 9 h. 55 m. 40 s. - -18 deg. to -37 deg. 9 h. 55 m. 18.1 s. - -37 deg. to -55 deg. 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 deg. 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 Sporer's formula, while the equatorial period is 25 -d. 2 h. 15 m. the latitudes 46 deg. 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 deg. 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 deg. 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 deg., - there was a minute residual force arising from the mutual actions of - the several bodies tending to bring this angle towards the value 180 - deg. 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 deg., 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 deg., 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 deg.29| 313 deg.7193 | 39 deg.1187 | 171 deg.2448 | 62 deg.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 deg. 9'.07 + 0.006t - " " " " orbit 3 deg. 4'.80 - Long. of Node of equator on ecliptic 336 deg. 21'.47 + 0'.762t - " " " " orbit 135 deg.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-Comte. It is bounded N -by the department of Haute-Saone, N.E. by Doubs, E. by Switzerland, S. -by Ain, and W. by Saone-et-Loire and Cote 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 Cret 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 Gruyere, -Septmoncel and other cheeses (made in co-operative cheese factories or -_fruitieres_), 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-Mediterranee railway, the -main line from Paris to Neuchatel 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, Dole, 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 -Besancon; it comes within the region of the VIIth army corps and the -educational circumscription (academie) of Besancon, where is its court -of appeal. Lons-le-Saunier, Dole, 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 Dauphine 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 plisse, -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 Saone. -This is the _Region 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 Neuchatel -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 a -Bot--is 40 ft. in diameter, and rests on the side of a hill 800 ft. -above the Lake of Neuchatel), 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 Besancon 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 "Trouee" (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 "Trouee" of the Black Forest towns on the Rhine - (Rheinfelden, Sackingen, 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, Mulhausen 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 Saone have each been the bed - of an ancient lake, traces of which remain in the lakes of Neuchatel, - 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--Neuchatel. This - town is thus marked out by nature as a great military and industrial - centre, just as is Besancon 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-Comte - account for the fact that the dialect of Neuchatel 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 Neuchatel - 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 Dole, the only important town of the central - portion of the Saone 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 Neuchatel - 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 - Dole (5505 ft.), the Reculet (5643 ft.), the Cret de la Neige (5653 - ft.) and the Grand Credo (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 Dole 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 Vallee 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 Credo 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 detour. On the two sides of this bastion the plains in which - Amberieu 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 Saone and the - Aar, and stretches out to the south so as nearly to join hands with - the great mass of the Dauphine 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 "Trouee" 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, Besancon 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 Besancon 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 Besancon, on - the west to Salins, on the south-west to Dole 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 Neuchatel, and to the west Salins, the meeting place of - the routes from the Col de la Faucille, from Besancon, 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 Dole, 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 "Trouee 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 Amberieu 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 Seran 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, Neuchatel, 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-Comte, or the Free County of Burgundy, an imperial -fief till annexed in 1674, the county of Montbeliard (Mompelgard) -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 Neuchatel -(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-franzosische Sprachgrenze in der Schweiz_ (Basel, 1891). - For the French slope see Joanne's large _Itineraire_ to the Jura, and - the smaller volumes relating to the departments of the Ain, Doubs and - Jura, in his _Geographies departementales_. 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 Neuchatelois_; 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. -Hebert, 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 deg. 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 Saone 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 | _Traite_, 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 | | e | | _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 | | e | | - | | O | | Coeloceras | o | | r | | s | _Sauzei_-Kalke | - | | o | Bajocian | Humphresianus | g | | o | | o | | - | | l | (Inferior | Sphaeroceras | 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- | | | | | | - | | | Davoei | | | e | thien | | | | Adne- | \ | - | | | Phylloceras | | [gamma] | r | | | | > ter | | | - | | | ibex | L | | | | | E | | Kalke| | | - | | | Aegoceras | i | | o | | | o | | | | \ | - | | | Jamesoni | a | | r | | | j | | | Brachio- | Algau | | - | 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 | | e | 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 | | | | - | | | | | | | Rhetien | 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, _Paleontologie francaise_, _Terrain Jurassique_ (1840, - 1846); L. von Buch, "Uber den Jura in Deutschland" (_Abhand. d. Berlin - Akad._, 1839); F. A. Quenstedt, _Flotzgebirge Wurttembergs_ (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, _Traite de - geologie_, 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 (Cote 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 regime_ 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 GRAVIERE, 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 republique 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 Orleanais, 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 -reunion du Christianisme_ (1671). In 1674 his _Traite de la devotion_ -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 Reformes_. 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 clerge 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 ecole 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 propheties_, 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 adressees aux - fideles 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, _Realencyklopadie_; 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 Ica (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 Muller) 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 Muller 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 _Rechtsverhaltniss_ 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 fur das private und -offentliche 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 Muller, 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 -_Rechtsalterthumer_ 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, _Rechtsalterthumer_, 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-europeennes_, 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 _pitar_, _pater_, [Greek: pater], -_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 Indoeuropaer_) -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 -Schrader--_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 Ubergang 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. -_aiths_, Ir. _oeth_ = 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 fur vgl. Rechtswissenschaft_--Franz -Bernhoft. 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 Bernhoft'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 fur 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 Napoleon 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 fur 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. fur 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 Naturvolker_) 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 romisches 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, _Beitrage zur Geschichte des griechischen -und romischen 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 _Vzdani_ in -Bohemia (Kapras, "Das Pfandrecht in altbohmischen Landrecht," _Z. fur -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, _Uber 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 Fremdworter -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 fur vergleichende Rechtswissenschaft_, edited by - Bernhoft, Cohn and Kohler (1878- ); _Nouvelle revue historique de - droit francais et etranger_, edited by Dareste, Esmein, Appert, - Fournier, Tardiff and Prou (1877- ); A. Pictet, _Les Origines - indo-europeennes_ (i. 1859, ii. 1863); Fustel de Coulanges, _La Cite - antique_ (1890); W. E. Hearn, _The Aryan Household_ (1879); R. v. - Jhering, _Vorgeschichte der Indoeuropaer_ (1894); B. W. Leist, - _Graekoitalische Rechtsgeschichte_ (1884), _Alt-arisches Jus Gentium_ - (1889), _Alt-arisches Jus Civile_ (1892-1896); Hruza, _Geschichte des - griechischen und romischen Familienrechtes_ (1893); O. Schrader, - _Urgeschichte und Sprachvergleichung_ (1890), _Reallexikon des - indo-germanischen Altertumskunde_ (1901); B. Delbruck, _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, _Etudes 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. Bernhoft, _Staat und Recht der - romischen Konigszeit im Verhaltniss zu verwandten Rechten_ (1882); A. - H. Post, _Aufgaben einer allgemeinen Rechtswissenschaft_ (1891), _Die - Anfange 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 Grundzuge 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 developpement de la famille et de la - propriete_ (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 uber 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, - _Etudes d'histoire de droit_ (1889), _Nouvelles etudes d'histoire de - droit_ (1896); Lambert, _La Fonction du droit civil compare_ (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 - Naturvolker_ (Berliner juristische Beitrage, 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. -Flugel (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 Aethelred 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. L100 in a town of 20,000 inhabitants, L50 elsewhere), or a -farm of L300 or other premises at L100. 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 L10 by -the year in land or tenements of freehold, copyhold or customary tenure; -or L20 on lands or tenement held by lease for twenty-one years or -longer, or who being a householder is rated at L30 in the counties of -London and Middlesex, or L20 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 celebre_ 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 age_ (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 Theatre en -Angleterre depuis la conquete jusqu' aux predecesseurs immediats de -Shakespeare_ (1878); _Le Roman au temps de Shakespeare_ (1887; Eng. -trans. by Miss E. Lee, 1890); _Les Anglais au moyen age: la vie nomade -et les routes d'Angleterre au XIV^e siecle_ (1884; Eng. trans., _English -Wayfaring Life in the Middle Ages_, by L. T. Smith, 1889); and _L'Epopee -de Langland_ (1893; Eng. trans., _Piers Plowman_, by M. C. R., 1894). -His _Histoire litteraire 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 traite de la theriaque_ (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 Sebastien 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 academie 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 museum 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 L100. By an act of 1875 the -occupation of a house rated at L100 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. Ruhl (1886, with - prologues); see also J. F. Fischer, _De elocutione Justini_ (1868); F. - Ruhl, _Die Verbreitung des J. im Mittelalter_ (1871); O. Eichert, - _Worterbuch zu_ J. (1881); Kohler and Ruhl in _Neue Jahrbucher fur - 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 Kruger (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 Kustendil, but Uskub - (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. 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