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* JENSEN. 174 JEPHTHAH. turned to his earlier manner, e.g. in Iin Zicing und liaiin (1892), a story of the Black Forest, scenes from which he descrilied admirably in the well-illustrated Dcr Schwarziraltl (.3d ed., Berlin, 1901). His work is characterized by orijiinal- ity of fancy and emoti<mal scenic description. Jensen published the poems Voni Morgen zuni Abend and Oesammelte Uedichte (1897). His books, which contain several dramas, numbered in 1902 sixty-five volumes. JENYNS, jeninz, Soame (1704-87). An Eiigli'-li author. He as bcrn in London, and was educated at Saint John's College, Cambridge, but left lx?fore he had completed his course. He first attracted attention by writing, shortly after leaving Cambridge, a poem entitled The Art of Dancing (1727). He sat almost continuously in Parliament from 1742 to 1780, and in 175i) was appointed a Commissioner of the Hoard of Trade. A man of wealth and leisure, he cultivated the acquaintance cf literary people, and acquired a reputation, wholly undeserved, as a wit and writer. The metaphysical speculations, of which the greater part of his work consisted, were absurdlj- shallow and illogical; and his stj'le, although considered by many critics during his life as a model of elegance and lucidity, was wordy and turgid. Contemporary opinion, how- eer, was not by any means unanimously in his favor, and his book entitled .1 Free Enquiry into the Xature and Origin of Eril (1757) was the subject of one of Dr. .Johnson's most scathing and brilli.-.nt criticisms in the Literary Magazine. His best known work was his Vieir of the Internal Evidence of the Christian I'eligion (1776), which reached a tenth edition by 179.5, and was trans- lated into several Continental languages. He also published a collection of I'oems ( 17.52) : Disquisi- tionx on federal Sulijects (17S2) ; and Thoughts on Parliamentary Reform (1784). His collected 'Works were published in 1790. JEOPARDY (from OF. jeu parti, divided game, even chance, IIL, joeus partitus, even chance, from Lat. jocus, jest. game, and partitus, p.p. of partire, to divide, from pars, part; in- fluenced by popular etymology with OF., Fr. jeu perdu, lost game). In law, peril incurred by legal process. The fifth amendment to our Federal Cojistitution declares that no person shall be subject for the same offense to I)e twice put in jeopardy of life or limb. A similar pro- vision is found in our various State constitutions. Like most of our constitutional guarantees of protection to the indiviihial. this is but a re- enactment of a common-law rule; one which was enforceable imdcr the plea of autrefoit acquit (q.v.). It is said that the phrase 'jeopardy of life or limb' referred originally to the hazard of a party to a trial by battle (q.v.). At pres- ent, however, it denotes the risk imposed upon one who is svibjected to a strictly criminal prose- cution. The constitutional provision does not apply to a defendant in a civil action. .■s to the qviestion. at what stage of a criminal prosecution the accused is put in jeopardy to which he shall not be subjected a second time, the answers are not uniform. The great weight of atithority supports the view that "a person is in jeopardy when he is put upon trial, before a court of competent jurisdiction, upon an in- dictment (q.v.) or information (q.v.), which is suflSeient in form and substance to sustain a conviction, and a jury has been impaneled and swoni to try him." He then stands before the jurors as his judges, and if he is charged with a capital crime, his life is in their hands. Ac- cordingly, if he is acquitted by them, or if they are discliarged by the court without his consent, except in cases of extreme necessity, such a> the sickness or death of a juror, the constitutional provision applies, and he is not liable to a second prosecution. On the other hand, if the court had no jurisdiction of the ca-se, or the indictment were fatally defective, or if the prisoner, after conviction, secured its reversal, the provision does not protect him from another trial. Con- sult Coolev. General Principles of Constitutional Law (Boston, 1900). JEPHSON, jef'.son, Robert (1736-180.3). An lri^ll poet anil playwright, who was a .soldier in early life. He rose to be an infantry captain, but retired on half pay about 17li:i. and lived for the four following years in England, where he be- came friendly with (Jarrick, Goldsmith, Johnson, Burke, Reynolds, Townshcnd. Burney. and other lights in the literarj-, dramatic, and artistic firma- ment. He was always popular because of his Irish wit and social temiierament ; his plays were successfully produced in London, and after his return to Dublin he was master of the viceregal horse for many years and member of the national Parliament (1793). His tragedies are; liragnn:a (Drury Lane. 1775) ; The Lnir of Lomljnrdy ( 1779) ; The Count of Xarbonne (Covent CJarden, 1781) ; Julia, or the Italian Lover (Drury Lane, 1787) ; Con.^piracy (Drury Lane, 1706) ; and his comic operas. The Hotel, or the Servant tvilh Tiro Masters (1784) ; Campaign, or Love in the East Indies (Covent Oanlen, 1785) ; and the farce Tuo Strings to Your Bow (Covent Garden, 1791). He published also in verse Roman Portraits (1794), and a satire on the French Revolution called The Confessions of Jacques Baptiste Cou- tcau (1794). JEPH'THAH (Heb. Tiphthah, he. i.e. Vah- weh, opens, pcrhajis in the sense of 'grants victory'). A Gileadite, one of the judges of Israel, The story of his career, according to Judges xi.-.xii.. is as follows: He was a bastard, and. being driven from home by his brothers, became the leader of a band of brigands. When the Ammonites oppressed Israel, the Gileadites appealed to .Tephthah for aid. He rebuked them for coming to him only because in distress, but agreed to help them on condition that, if success- ful, he should remain their leader. Accordingly he went forth to battle against the Ammonites, first vowing to ofTer to Yahweh in case of success whatever should come to meet him from the door of his house on his return. He overcame the Ammonites, routing them entirely. On his return home his daughter, his only child, came forth out of the house, the first one to meet him. Being told of her father's vow she agreed to its fulfillment, and .Tephthah "did with her according to his vow" (.Judges xi. 39). Her fate was afterwards bewailed by the daughters of Israel four days every year (ib. 39-40). The Ephraimites picked a quarrel with .Tephthah, because he had not asked them to join in the war against the Am- monites (cf. .Jud. viii. 1). A combat ensued and •Tephthah was victorious. The story goes that, with his Gileadite forces, he held the fords against the Ephraimites and put to death every