Page:Catholic Encyclopedia, volume 8.djvu/647

 JUS SPOLII

571

JUSTICE

largely to these labours Ijy the work " De fructibus et seminibus plantarum" (1788-91) of the German bota- nist Joseph Gartner (1732-91). Antoine-Laurent also published " Principes de la methode naturelle des v6- getaux" (Paris, 1824). He partly prepared a greatly desired second edition of the "Genera plantarum", but the work was never issued. Only what had been left ready for print, an entirely re\vritten "Introduc- tio" for the second edition, was published after his death by his son Adrien [An. des So. nat. (1837)].

(5) Adkibn-Henri de Jussieu (botanical abbrevia- tion, Adr. Juss.), son of Antoine-Laurent, b. at Paris, 23 December, 1797; d. there, 29 June, 1853. He re- ceived in 1824 the degree of Doctor of Medicine at Paris, presenting a treatise on the plant family Eu- phorbiacesE. When his father retired in 1826 he was made professor of agricultural botany at the Jardin des Plantes; in 1845 he was made professor of organ- ography of plants at the university. His textbook, "Cours dl^mentaire de botanirjue" (Paris), passed through numerous editions and translations. Be- sides a " Geographic botanique " (Paris, 1845), he also published monographs on several families of plants, especially the Malpighiacese (1843). He was presi- dent of the French Academy of Sciences.

Sachs. Geschichte der Botanik (Munich, 1875); Radl, Ge- schichte der biologischen Theorien, II (Leipzig, 1909).

Joseph Rompel.

Jus Spolii (Right of Spoil; also called Jus extj- VIARDM and Rapite capite), a claim, exercised in the Middle Ages, of succession to the property of deceased clerics, at least such as they had derived from their ecclesiastical benefices. It was an outcome of ancient canons which forbade clerics to dispose by will of goods accruing from theii- ecclesiastical office. These canons were gradually relaxed because of the difficulty of distinguishing between ecclesiastical and patrimo- nial property. Abuses then arose. Churches were despoiled at the death of their incumbents. Bishops and archdeacons seized for the cathedral the spoil of abbeys and other benefices, on the pretence that all other churches were but offshoots of the cathedral. After the fall of the Western Empire any one present at the death of a cleric felt at liberty to carry off what- ever property of the deceased, ecclesiastical or other- wise, he could seize {rapite capite, seize and take). As the civil power became more conscious of itself it began to restrain this indiscriminate plunder. The sovereign claimed for liiraself the "Jus Spolii" in the case of deceased bishops, while the smaller feudal lords laid similar claim to the property of all clerics who died in their domains. Councils (Tribur, 895; Trosly, 909; Clermont, 1095; II Lateran, 1139) of the Church legislated against these abuses, finally obtaining a renunciation of this so-called right. In the thir- teenth century the Roman Church put forth in a modified way the same claim, and it e\entually be- came a principle of canon law that the goods of bene- ficed ecclesiastics, dying intestate, belonged of right to the papal treasury. This right however was not allowed in France, Germany, Belgium, or Portugal. In the Kingdom of Naples a compromise was made at the close of the sixteenth centviry, whereby the right was re- nounced for an annual payment to the papal treasury.

Sagmuller in Kirchentex., s. v. Spolienrecht; Fehraris, Bibliotheca prompta jut. can., s. v. Spolium; Ojetti, Synop. Rer. Mor. et Jut. Pont., s. v. Spotium.

Andrew B. Meehan.

Juste. — The name conventionally applied to a family of Italian sculptors, whose real name was Betti, originally from San Maitino a Mensola, near Florence. Giusto, whose name was aflcnvartls given to the whole family, and Andrea are the first two known to us. Neither seems to have gone out of Italy. But Andrea had three sons — Anthony (1479-1519), Andrew (b. about 1483), and John, the most illustrious of the

house (1485-1549) — all of whom early emigrated to France and figured prominently during the Renais- sance. With Francesco Laurana they stand as the most brilliant representatives and the most active emissaries of Italian art beyond the Alps.

As early as 1504 the three brothers were in Brittany, at Dol, executing the monument of Bishop Thomas James. Later, they separatetl. Anthony worked for the Cardinal d'Amboise in the famous castle of Gail- Ion; while John, attracted to Tours, spent a few years in the atelier of Michel C'olombe, famous as the sculp- tor of the "Entombment" in the Abbey of Solesmes. C'olombe was the last representative of the Dijon School, founded by Claus Sluter under the first dukes of Burgundy. At his school John Juste became im- bued with the realism of Flanders, slightly softened and tempered with French delicacy. Through this combination of qualities, he created for himself a style whose charm consisted in its flexibility and complex- ity. At the death of Michel Colombe (1512) the Justes worked again in concert and inherited his fame. Francis I commissioned them to execute the famous mausoleum of Louis XII at St-Denis, and this occu- pied almost fifteen years (1516-31). But Anthony's share in this work was slight, as he died in 1519. The honour of this magnificent masterpiece belongs en- tirely to his brother John.

The original conception seems to have been Per- r^al's, and yet it was not wholly his. The icono- graphy of tombs was extremely rich in France in the fifteenth century. Its main theme consists of a gisant or recumbent effigy of the deceased, laid upon a funeral couch surmounting the sarcophagus, upon the sides of which a procession of mourners is represented. The most celebrated example of this style is the monu- ment of Philip the Bold by Claus Sluter, at Dijon (1405), of which there have been several variants, down to the monument of Philippe Pot (1480) in the Louvre. The tomb of Louis XII inaugurated a new tradition, or rather a colossal development of the subject. The hero is represented kneeling on a cata- falque beneath which the gisant appears as a naked, emaciated corpse, "such as death has made it forus". This striking contrast is in itself a most eloquent funeral oration. The monument is an incomparable masterpiece ; it has served as the type of many others, and would, alone, be sufficient to bring glory to an artist; but it is not the only work we have of John Juste. He also executed the tombs of Philippe de Montmorency and of Artus Gouffier in the church of Oiron (Deux-Sevres), that of Jean Rieux, at Ancenis, of Thomas Bohier, at St-Saturnin, Tours, and of the Abb6 Louis de Crevent at the Trinity, Vendome. He had one son, John the second, the last sculptor of the family, who died in 1577, and of whom some works are to be seen in the churches of Oiron and Champeaux.

Deville. Comples de Gaillon (1850) ; Xovvelles archives de V Art francais (1872 and 1876); Montaigi.on. La famille de.^ Ju.'ite (1876); h\BOH0E, Comples des btUimentsduToHlSSOy. Palds- tre, La Renaissance en France, II, 84. 98; III, 86. 91; Coura- JOD. Lemons professees a I'Ecole du Louvre. II (1901), 667 sqq.; VlTRY, Michel Colombe (1901), 454 sqq.; MSXE, L'art religieux de la fin du Moyen-Age en France (1909), 472.

Louis Gillet.

Justice is here taken in its ordinary and proper sense to signify the most important of the cardinal virtues. It is a moral quality or habit which perfects the will and inclines it to render to each and to all what belongs to them. Of the other cardinal virtues, prudence perfects the intellect anil inclines the prudent man to act in all things according to right reason. Fortitude controls the inisoible passions; and temper- ance moderates the appetites according as reason dictates. While fortitude and temperance are self- regarding virtues, justice has reference to others. To- gether with charity it regulates man's intercourse with his fellow men. But charity leads us to help our neighbour in his need out of our own stores, while