Page:Catholic Encyclopedia, volume 4.djvu/513

 COUSIN

4.53

COUSSEMAKER

5uminary proceedings are commonly entered upon or one of two reasons: eitlier because the cases are )f such a nature as to demand prompt settlement alimony or necessarj' support, marriage cases, and nany oases of ecclesiastics, e. g. elections, offices md benefices); or because the cases are of minor mportance, slight and easily remediable injuries, loniparable to civil lawsuits for trifling debts. In ill such cases the judge is allowed to base his sen- ence on evidence somewhat less conclusive than vould be called for in cases of greater importance ncmiplrrta probalio). Summary procedure is now requently employed in criminal cases of clerics; he canon law, however, by an instruction of the Congregation of Bishops and Regulars (11 June,

SSiO). restricts its use to countries whose bishops lave fonnally obtained the right to proceed accord- ng to said instruction, originally granted to the iishn]is of France. In 1SS3 the Congregation of Propaganda extended its use to the bishops of the Jnited States of America. (See also the decrees if the First Plenary Council of South America, irt. 96.5-991.)

It may be asked, finally, what influence has the Ionian law exercised on the canonical procedure loscribcd above? It is certain, on the one hand Fessler, op. cit.), that the judicial procedure of the anon law was already qviite elaliorate in form when, arly in the sixth centurj-, the Emperor Justinian mblished liis "Institutes", "Digest", and "Code". )n tlic other hand, it is very evident that Roman aw, and particularly that of Justinian, has exercised , verj- great influence upon canon law; it is universally .dmitted as one of the subsidiary sources {fontes) if canon law, especially in court procedure. The anon law, however, has wisely perfected certain nactments of the Roman law. Thus, the right if provisional possession, instilxdum possessorium n the Roman law, was amplified and highly btained by injunction (interdictum) of the magis- rate. The possessory interdict {wide in), it is well iio«Ti, was granted by Roman law for immovable bjcrts only; the canon law extended it to movable bjcets, and even to abstract rights {jura incor- <nrfilin). Jloreover, whereas by Roman law only
 * e\'eloped by canon law, which gave additional
 * gal protection in the case of actual possession

strictly legal suit (actio spolii) was open to a person pspciilcd of his goods, the canon law allowed him an (Iditicinal plea in equity {exrcplio Kpolii). In addi- ion, in the Roman law, a suit lay only against the espoilcr {xpoliantfm) or the one who ordered or pproved the act {spolium mandaritem, ratiha- entem), whereas the canon law permitted the enter- ig of suit against any tliird person found in pos- ession of the plaintiff's goods, whether such detention re re in good faith or not.

Pkriks, La procedure can, mod. dans les causes discip. et Hm. (F.iris. 1898); Bouix. De judiciis eccl. (Paris, 1855); EoLlTOR, Ueber canon. Gerichtsverf. gcgen Kleriker (1856); ECN'fniKN. Canon. Gerichtsvcrf. {2d ed.. Cologne, 1874); OURNIER, Les officialiUs an moyen fifje (Paris. 1850); Fessler, ler canon. Proceas nach scincn positivcn Grundl. und seiner alt. ist. Entwick. in der vorjustininnischen Periode (Vienna, 1860); tERANTONELLi, Praxis fori ccd. (Rome, 1883); Lega, De idiciis rrrJ. (2d ed.. Rome, 1905); Keller, Der rim. Zivil- rozr:^^ (Leipzie. 1855); Endemann, Das Zivitprozessverf. ruich mon. Lchre (Berlin, 1890).

Be.vedetto Ojetti,

Cousin, Jean, a French paint<?r, sculptor, etcher, ngr.ivir, and geometrician, b. at Soucy, near Sens, 500: (1. at Sens before l.j!l3, jirobably in 1.5'.). onsiii began his long art-life in his native town with be study of gla.ss-painting under Hjanpe ami (ira-ssot. it thp same time he was diligently ajiplying himself this branch of art. wherein he was to become a ia.ster. the young man became a great student of lathcinatics and published a successful book on the

subject. He also wrote on geometry in his student- days. In 1530 Cousin finished the beautiful windows for the Sens cathedral, the subject chosen being the "Legend of St. Eutropius ". He had also painted the windows of many of the noble chateaux in and around the city. The latest date on any of his Sens work, 15.30, points to this as the year he went to Paris, where he began work as a goldsmith; but the amount and kind of his productions in the precious metals are alike unknown.

In Paris Cousin continued his eminent career as a glass-painter, and his masterpiece, the windows of the Sainte-Chapelle in Vincennes, are considered the finest examples of glass-painting in all France. He subsequently devoted himself to painting in oil, and is said to be the first Frenchman to use the "new medivmi". For this and other reasons Cousin has been called "The Founder of the French School "; but his work in oil, while graceful, refined, reserved, and even cla.ssically severe, is more that of an Italian "Eclectic" than of a "founder of a national school". Pictures attributed to him, all of much merit, are found in several of the large European collections, but, excepting "The Last Judgment", none is known to be authentic. "The Last Judgment" is fine in compo- sition, noble in conception, and beautifiJ and har- monious in colour, strongly suggesting Correggio. For a long time this masterpiece, which won him the name of the "French Michelangelo", lay neglected in the sacristy of the church of the Minims, Vincennes, until it was rescued by a priest and became one of the important works in the Louvre. It is also celebrated for being the first French pictiu-e to be engraved.

In the sixteenth centurj' Cousin's renown came from his historical and glass-paintings; to-day he is best known as an illustrator of books. He made many fine designs for woodcuts antl often executed them himself. The "Bible", published in 1596 by Le Clerc, and the "Metamorphoses" and "Epistles of Ovid (1566 and 1571 respectively) contain his most celebrated work as an illustrator. Cousin etched and engraved many plates after the manner of Mazzuola of Parma, to whom the invention of etching has been ascribed; but he excels all his contemporaries in facility of execution and classical breadth and sim- plicity of idea and feeling. His etched work approaches in excellence the oil-paintings of the great masters. Cousin's sculptures are full of strength and dignity. The mausoleum of Admiral Philii)pe de Chabot is the best piece of French sculpture of the sixteenth century; the strikingly beautiful tomb of Louis de Breze (Rouen) is another celebrated achieve- ment. In addition to Ms early writings on mathe- matics, he published, in 1560, a learned treatise on perspective, and, in 1571, an excellent work on portrait-painting. During his life Cousin success- fully pursued every branch of the fine arts, and enjoyed the favour of, and worked for four kings of France: Henry II, Francis II, Charles IX, and Henry III. Among liis paintings, in a<ldition to the "Last Judgment", mention .should be made of the miniatures in the prayer book of Henry II now in the Bibliotheque Nationale; among liLs etchings and engravings, the "Annunciation" and the "Conversion of St, Paul"; among his woodcuts, the "Entree de Henry II ct Catherine de Medicis k Rouen" (1551).

FiRMlN-DiDoT, Elude sur Jean Cousin (Paris. 1872); PATTt- 80N, The World's Painters since Leonardo (New York, 1906). Leigh Hunt.

Coussemaker, Cinnr.E.s-EDMoND-HENRiDE, French historian uf music, b. at Bailleul, department of Nord, France, 19 .\pril, 1805; d. at Lille, 10 January, 1870. Cou.ssemaker rendered great .service to musi- cal science by bringing to the notice of students the early devdopment ami history of hannony and counterpoint, a.s shown by the treatment of these divi- sions of music in that section of the "Musica Enchi-