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# Catholic Encyclopedia (1913)/James of Brescia

From volume 8 of the work.
Theologian of the fifteenth century. He entered the Dominican Order at Brescia, his native city, and in 1450 was appointed to the office of inquisitor. He aided the papal auditor, Bernardo da Bosco, in putting an end to the teaching of impious doctrines at Bergamo. He also took a prominent part in the controversy between the Dominicians and the Minorites with regard to the Precious Blood. During Easter Week, 1462, St. James of the Marches, a celebrated Minorite preacher, maintained in a sermon at Brescia that the Blood separated from the Body of Christ during His Passion was thereby separated from His Divinity, and consequently was not entitled to adoration during the time that Christ remained in the sepulchre. As this doctrine had been proscribed by Clement VI in 1351, James of Brescia cited James of the Marches to appear before his tribunal in case he should not retract. A dispute at once arose between the Dominicans and Friars Minor. Shortly before, in a Bull written at Tivoli, Pius II had declared that it was not contrary to Christian Faith to hold that Christ did not reassume a part of the Blood he shed in His Passion. This declaration narrowed down the controversy to the question: Whether the Blood which Christ shed in His Passion and reassumed at His Resurrection was adorable as the Blood of the Son of God during the three days that it was separated from His Body. The affirmative was maintained by the Dominicans, the negative by the Minorites. The pope ordered a solemn disputation to be held before the pontifical court at Christmas, 1462 (1463, according to many). James of Brescia was one of three theologians who represented the Dominicians. Among the Minorite champions was Francesco della Rovere, later Pope Sixtus IV. After a debate of three days, a consultation was held by the pope and the cardinals, but no definitive decision was pronounced. In a Constitution dated 1 August, 1464, two weeks before his death, Pius forbade all further disputation on the subject. A full presentation of the Dominican side of this controversy is preserved in an unpublished treatise written by James of Brescia and his two colleagues. Other theological works attributed to James are no longer extant.
J. A. McHugh.
# Catholic Encyclopedia (1913)/James Waterworth

From volume 15 of the work.
Born at St. Helen's, Lancashire, 1806; d. at Old Hall, Newark, 28 March, 1876. Educated at Stonyhurst, he went subsequently to Montrouge to enter the novitiate of the Society of Jesus, in which he did not long continue. Sent by Bishop Milner to study for the priesthood at the English College, Rome, he there devoted himself to theology, and especially patrology, that the often worked sixteen hours a day. At the end of his course he was recalled to Oscott, where he was ordained, and where he taught theology from 1830 to 1833. He then went to assist Rev. J. Yver at Newark, where he spent over forty years as a missionary priest, still continuing his studies of the Fathers. Within a year or two he was placed in sole charge of the mission. In 1834 he published a pamphlet defending Berington and Kirk's work, "The Faith of Catholics", against the attack of an Anglican clergyman called Pope; and twelve years later he published a greatly enlarged edition in three volumes. He also published a translation of the canons and decrees of the Council of Trent (1848) and of Veron's "Rule of Faith" (1833). His "Digest of the Penal Laws affecting Roman Catholics" is another useful work. His latest book, "England and Rome" (1854), was on the relations of the popes to England. He was made canon of Nottingham in 1852, doctor of divinity in 1860, and provost of that diocese in 1861.
Tablet (8 and 15 April, 1876); Oscotian (July, 1888); GILLOW, Bibl. Dict. Eng. Cath., s.vv. Berington and Kirk; Catholic Directory, (1830-76).
Edwin Burton.
# Catholic Encyclopedia (1913)/James Smith

From volume 14 of the work.
Journalist, b. at Skolland, in the Shetland Isles, about 1790; d. Jan., 1866. He spent his boyhood at Skolland, a small place belonging to his mother, who was a member of a branch of the Bruce family which had settled in Shetland in the sixteenth century. He studied law in Edinburgh, became a solicitor to the Supreme Court there, and married a Catholic lady (a cousin of Bishop Macdonell of the Glengarry clan), the result being his own conversion to Catholicism. Naturally hampered in his career, at that period, by his profession of Catholicism, he turned his attention to literature, and became the pioneer of Catholic journalism in Scotland. In 1832 he originated and edited the "Edinburgh Catholic Magazine", which appeared somewhat intermittently in Scotland until April, 1838, at which date Mr. Smith went to reside in London, and the word "Edinburgh" was dropped from the title of the magazine, the publication of which was continued for some years in London. Mr. Smith, on settling in London, inaugurated the "Catholic Directory" for England, in succession to the old "Laity's Directory", and edited it for many years; and he was also for a short time editor of the "Dublin Review", in 1837. Possessed of considerable gifts both as a speaker and as a writer, he was always ready to put them at the service of the Catholic cause; and during the years of agitation immediately preceding Catholic Emancipation, as well as at a later period, he was one of the most active champions of the Church in England and Scotland. He made a brilliant defence in public of Catholic doctrine when it was violently attacked by certain prominent members of the Established Church of Scotland, and published in this connexion, in 1831, his "Dialogues on the Catholic and Protestant Rules of Faith", between a member of the Protestant Reformation Society and a Catholic layman. He also edited (1838) Challoner's abridgment of Gother's "Papist Misrepresented and Represented", with copious notes. Mr. Smith was father of the Most Rev. William Smith, second Archbishop of St. Andrews and Edinburgh in the restored hierarchy of Scotland, and a distinguished Biblical scholar.
GILLOW, Bibl. Dict. Eng. Cath., S.V.; Catholic Directory for Scotland (1893), 264.
D.O. HUNTER-BLAIR
# Catholic Encyclopedia (1913)/James Stonnes

From volume 14 of the work.
English priest, b. 1513; d. after 1585. He was ordained at Durham by Bishop Tunstall in 1539. After Elizabeth's accession he never entered a church, but wandered about Durham and Yorkshire, with occasional visits to Lancashire, where he was known as Uncle James, saying Mass as often as the opportunity of time, place, and company gave leave. He was eventually arrested by the Earl of Derby about midnight 19 Nov., 1585, at the house of a very poor man, a victualler, and an under-tenant, living eight miles from the earl's seat, Newpark, in the Parish of Ormskirk, Lancashire. As he would not commit himself to the royal supremacy, though he acknowledged the queen as temporal sovereign, and wished she might have Nestor's years, and as he confessed that he regarded her ecclesiastical policy as contrary to God's law and refused to give up saying Mass, he was committed to the New Fleet, Manchester, where, as he was then aged 72, it is probable he died. At the time of his arrest he had with him, an alb, a surplice or amice, a thread girdle, a vestment, a stole, a fannel, "a Corpus and a Corpus Case", a super-altar, a tin chalice with a cover, three little pewter boxes in a leather case for oil and chrism, a crewet, two little pewter bottles for wine, three crucifixes, an Agnus Dei, "a porthouse with the pope's name in the Callender in many places", a piece of an old primer in parchment, a piece of an old book of sermons, and an old Mass-book.
Gibson, Lydgate Hall and its Associations (privately printed, Edinburgh and London, 1876), 231-3.
John B. Wainewright.
# Catholic Encyclopedia (1913)/James Tissot

From volume 14 of the work.
(JOSEPH-JACQUES TISSOT)
French draughtsman and painter, b. at Nantes, 15 Oct., 1836; d. at Buillon, Department of Doubs, 3 Aug., 1902. He studied at Paris at the Academy of Fine Arts and in the ateliers of Ingres and Flandrin. During this period of his career he became well acquainted with the darker side of the moral and political life of the city. The first paintings that he exhibited at the salon attracted great attention, especially the one picturing the meeting of Faust and Gretchen, now in the Luxemburg Museum. When the Commune came into power Tissot fled to England for fear of coming into conflict with the Government on account of the political intrigues of his brother. In England he gained a reputation as a portrait and genre painter. Tissot, however, was more of an illustrator than a painter, as is shown in the brilliant series of watercolours, "La femme à Paris", in which in careful, correct work done with much dash he lashed the follies of modern Parisian life. Later he issued a similar series of aquarelles on high life in London. The picture of the former of these series entitled "La femme qui chante dan l'église" obliged him to go repeatedly to church during the service, and this suggested to him the conception of the picture, "Christ Appears to console two Unfortunates in a Ruin". With this last-mentioned work a new epoch began in the life of the painter and, in the course of time, of the man. The figure of Christ had so attracted him that he was never afterwards able to put it out of his mind. He went to Palestine where he spent a year in the most careful geographical and ethnographic studies. After this he spent ten years in preparing the large number of aquarelles that compose his "Life of Christ". The absolutely modern conception of this work shows a complete break with the past. The work was entitled "La vie de notre Seigneur Jésus-Christ, 865 compositions d'après les quatres évangiles, avec des notes et des dessins explicativs, par James Tissot" (Tours, 1896). The price was high, 5000 francs for the edition on Japanese paper, and 1500 francs for that on vellum. A cheaper popular edition in English was issued later. Tissot also designed a series of illustrations for the Old Testament, which, however, are not as fine as the earlier ones. The aquarelles on the New Testament have been called "a revolution in religious art".
Beda Kleinschmidt.
# Catholic Encyclopedia (1913)/James Tyrie

From volume 15 of the work.
Theologian, b. at Drumkilbo, Perthshire, Scotland, 1543; d. at Rome, 27 May, 1597. Educated first at St. Andrews, he joined Edmund Hay (q. v.) at the time of de Gouda's mission in 1526. In his company he then went to Rome, was there admitted into the Society of Jesus, and was eventually sent to Clermont College, Paris, in June, 1567, where Hay had become rector; and remained there in various posts, e.g. professor, head of the Scottish Jesuit Mission (1585), till 1590. During this period he was once engaged in a controversy with Knox, against whom he wrote "The Refutation of ane Answer made be Schir Johne Knox to ane letter be James Tyrie" (Paris, 1573). Next year he discussed several points of religion with Andrew Melville privately in Paris. In 1585 he was summoned to Rome as the representative of France on the Committee of Six, who eventually drew up Father Acquaviva's first edition of the "Ratio Studiorum", printed in 1586. He was rector of Clermont College during the great siege of Paris (May to September, 1590). His anxieties and difficulties must then have been great, as he had over a hundred scholars as well as a large community to feed, and at a time when men were perishing with hunger in the streets. After the Duke of Parma had revictualled the town (September), Tyrie was again sent to Rome, as French deputy for the congregation, which finally supported the government of Father Acquaviva.
On his return in December, Tyrie was sent to the University of Pont-à- Mousson, as professor of Scripture and head of the Scots College, and two years later, on the successive deaths of Fathers Edmund Hay and Paul Hoffaeus, he was again called to Rome (22 May, 1592), where he became Assistant for France and Germany, and played his part in the important Sixth General Congregation of the Society of Jesus (1593). He also supported at Rome the vain endeavours in Scotland of the three Catholic Earls of Huntly, Erroll, and Angus to maintain themselves, with King James's connivance, by force of arms against the Kirk (1594). The earls asked and obtained a subsidy from Clement VIII; and Father Tyrie's advice and opinion were constantly taken by both the papal and the Scottish negotiators. He also took steps to restore the Scottish hospital at Rome, which eventually (1600) became the Scots College there. Rare as it was to keep on good terms with adversaries in those days, Tyrie won praise from such men as David Buchanan, both for his ability and for his courtesy. Part of his cursus is preserved in manuscript at the Bibliothèque Nationale, Paris.
J.H. POLLEN
# Catholic Encyclopedia (1913)/James Talbot

From volume 14 of the work.
Fourth son of George Talbot and brother of the fourteenth Earl of Shrewsbury (b. 1726; d. 1790), is chiefly known for having been the last priest to be indicted in the public courts for saying Mass. He was educated at Douai, to which college he was a great benefactor. In 1759, at the age of thirty-three, he was consecrated coadjutor bishop to Dr. Challoner. During his episcopate he was twice brought to trial, on the information lodged by the well-inown "Informer" Payne, in 1769 and 1771 respectively. In each case he was acquitted for want of evidence, but the judge, Lord Mansfield, was plainly on his side, in consequence of which, though he was no friend to Catholics as such, his house was sacked during the Gordon Riots in 1780. On the death of Bishop Challoner in 1781, Bishop James Talbot became Vicar Apostolic of the London District, which he ruled for nine years. He lived a retired life at Hammersmith, his unbounded charity gaining for him the title of "the Good Bishop Talbot". His chief work during these years was the completion of the purchase of the property at Old Hall, Herts, where he had a preparatory academy which afterwards developed into St. Edmund's College. The penal law against Catholic schools still existed, and Bishop Talbot was again threatened with imprisonment; but he contrived to evade punishment. During the last years of his life the Catholic Committee was already threatening trouble. In order to control it, Bishop Talbot allowed himself to be elected a member; but it was soon evident that the laymen were beyond control. The crisis however had not yet arrived when Bishop Talbot died at his house at Hammersmith.
The only connected account of his episcopate is in Ward, Dawn of Catholic Revival (London, 1909). For details of his trials, see Barnard, Life of Challoner (London, 1784); Burton, The Life and Times of Bishop Challoner (London, 1910); further allusions in Husenbeth, Life of Milner (Dublin, 1862); Brady, Catholic Hierarchy (London, 1877); Amherst, History of Catholic Emancipation (London, 1886); Ward, History of St. Edmund's College (London, 1893); Haile and Bonney, Life of Lingard (London, 1911). See also Milner's Obituary Sermon (MS. in Westminster Archives).
Bernard Ward.
# Central Pacific Company v. United States

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
164 U.S. 93
Central Pacific Company v. United States
J. K. McCammon and C. H. Tweed, for appellant.
Sol. Gen. Conrad, for the United States.
Mr. Justice PECKHAM delivered the opinion of the court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Central Railroad Banking Company v. Wright

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
164 U.S. 327
Central Railroad Banking Company v. Wright
This was an intervening petition filed by William A. Wright, comptroller general of the state of Georgia, praying that the receivers of the Central Railroad & Banking Company, appointed in a suit for the foreclosure of a mortgage to the Farmers' Loan & Trust Company, be required to pay him certain taxes said to be due by the corporation, for the year 1891, upon its property in different counties and cities upon the line of its road in the state of Georgia, which taxes were claimed to be a lien upon the property of the road.
The taxes were assessed in pursuance of certain acts of the general assembly, passed in 1889 and 1890, authorizing counties and cities to tax railroad property. The taxes were levied upon the railroad and appurtenances of that portion of the Central Railroad between Savannah and Macon, and included no other property of the company. The defendants claim the taxes to be invalid, upon the ground that the railroad and its appurtenances over that part of the line from Savannah to Macon were subject only to a taxation of one-half of 1 per cent. upon the net annual income of the road, and that the acts of 1889 and 1890, in so far as they authorized the taxation of its property by counties and other municipalities, impaired the obligation of the original contract of the state contained in its charter, and were, therefore, void.
The circuit court was of opinion that the taxes were properly levied, and made a decree for their payment by the receivers, and from that decree the corporation and its receivers appealed to this court.
A. R. Lawton, for appellants.
J. M. Terrell, for appellee.
Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Central Railroad Company Of Pennsylvania v. Commonwealth Of Pennsylvania

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.

## Concurring Opinion

    Black

## Dissenting Opinion

    Douglas
United States Supreme Court
370 U.S. 607
CENTRAL RAILROAD COMPANY OF PENNSYLVANIA, Appellant, v. COMMONWEALTH OF PENNSYLVANIA.
Argued: March 20, 1962. --- Decided: June 25, 1962
Roy J. Keefer, Harrisburg, Pa., for appellant.
George W. Keitel, Harrisburg, Pa., for appellee.
Mr. Justice HARLAN delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Central Pacific Railway Company v. Alameda County Cal

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
284 U.S. 463
Central Pacific Railway Company v. Alameda County Cal
Argued: Jan. 7, 1932. --- Decided: Feb 15, 1932
Messrs. C. F. R. Ogilby, of Washington, D. C., and Frank Thunen and Guy V. Shoup, both of San Francisco, Cal., for petitioners.
Mr. Earl Warren, of Oakland, Cal., for respondents.
[Argument of Counsel from page 464 intentionally omitted]
Mr. Justice SUTHERLAND delivered the opinion of the Court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Catholic Encyclopedia (1913)/Phasga

From volume 11 of the work.
(A.V. Pisgah).
Whether the word in Hebrew is a proper or a common noun is not clear; certain it is at any rate that it designates a mountain of the Alarm range (Duet., xxxii, 49), east of the Jordan (Deut., iv, 49), in the land of Moab (Num., xxi, 20), "over against Jericho" (Deut., xxxiv, 1), above Yeshimon [Num., xxi, 20; D.V. "which looketh towards the desert" ('Ain Suweimeh)], east of the north end of the Dead Sea (Deut., iv, 49; Jos., xii, 3), in connection with Mount Nebo, and commanding an extensive view of the Holy Land (Deut., xxxii, 49; xxxiv, 1-4), on the south-east border of which it stood (Deut., iv, 49). From all these indications it appears that Phasga is no other than Mount Nebo itself (Jebel Neba, south-west of Hesban or Hesebon), or, better still, the western peak of the mountain, Ras Si=E2gh=E2. On its slopes the Israelites pitched their camp (Num., xxi, 20); in the "field of Sophim" (D.V. "a high place") on the mountain Balaam uttered his second oracle about Israel (Num., xxiii, 11-24); lastly from the top of Phasga, Moses surveyed the Promised Land.
BIRCH, "The Prospect from Pisgah in Pal. Explor. Fund Quart. Stat. (London, 1898); CONDER, Heth and Moab (London, 1889); SMITH, Historical Geography of the Holy Land (London, 1894); TRISTRAM, The Land of Moab (London, 1874); LAGRANGE, Itin=E9raire des Isralites: De la Fronti=E8re de Moab aux Rives du Jourdain in Revue Biblique (1900), 443-449.
CHARLES L. SOUVAY
# Catholic Encyclopedia (1913)/Phaselis

From volume 11 of the work.
Titular see in Lycia, suffragan of Myra. The city was a Doric colony on the Pamphylian Gulf. Situated on an isthmus separating two harbours, it owed to this fortunate location the fact that it became an important centre of commerce between Greece, Asia, Egypt, and Phoenicia, although it did not belong to the confederation of Lycian cities. The pirates of Cilicia were allied with it, first though business intercourse, then by treaty. After the capture of Olympus P. Servilius laid siege to it. It was defended by Zenicetus, who, being unable to hold it, set fire to the city and plunged into the flames together with his companions. Phaselis recovered from this disaster. However, as early as the Roman period the little harbour had become a swamp exhaling pestilential vapours, and the situation grew worse until the city was in complete decay. There was a temple of Athene at Phaselis, where the lance of Achilles was exhibited. It was the birthplace of the poet and orator Theodectes. It was also renowned for its roses, from which the essence was extracted. There was invented the bark called phaselos which figures on all the coins of the city. There was a Roman colony at Phaselis about 139 B.C., for the Romans wrote to the inhabitants to send help to Simon Machabeus and the Jews (I Mach., xv, 23). Only two of its bishops are known: Fronto at Chalcedon (451); and Aristodemus, who in 458 signed the letter from the bishops of Lycia to the Emperor Leo. At the Council of Nicæa (787), the absent bishop was represented by the deacon John. The see is mentioned in the "Notitiæ episcopatuum" until the thirteenth century. The ruins of Phaselis are at Tekir Ova in the vilayet of Koniah; they belong to the Roman period, the most important being a theatre. There are also numerous sarcophagi.
LE QUIEN, Oriens christianus, I, 985; BEAUFORT, Karamania, 53-65; FELLOWS, Asia Minor, 211 sqq.; LEAKE, Asia Minor, 190; Texier, Asie mineure, 697-99; HILL, Catalogue of Greek Coins in the British Museum: Lycia, p. lxvii.
S. Pétridès.
# Catholic Encyclopedia (1913)/Pharbætus

From volume 11 of the work.
Titular see and suffragan of Leontopolis, in Augustamnica Secunda. This name is merely the transcription, with the Coptic article P, of the native name Harbait or Harbet, a name which is moreover reproduced under the form Karbeuthos in George of Cyprus ("Descriptio orbis romani", ed. Gelzer, 706). It is the capital of the nome of this name in Lower Egypt described by Herodotus (II, 166); Strabo, XVII, i, 20; Pliny, V, 9, 11. There is a record of Bishop Arbetion at Nicæa in 325 (Gelzer, "Patrum nicænorum nomina", LX), and Bishop Theodorus in 1086 (Renaudot, "Historia patriarcharum alexandrinorum", 458), but it is possible that the latter was bishop of another Pharbætus situated further to the west, and which according to Vansleb was equally a Coptic see. John of Nikiu (Chronicle, CV) relates that under the Emperor Phocas (602-10) the clerics of the province killed the Greek governor Theophilus. Pharbætus is now called Horbeît, north of Zagazig in the Province of Sharqyeh; it has about 520 inhabitants.
GELZER, Georgii Cyprii Descriptio orbis romani, 114-16; ROUGÉ, Géographie ancienne de la Basse Egypte (Paris, 1891), 66-74; AMÉLINEAU, La Géographie de l'Egypte à l' époque copte (Paris, 1893), 330.
S. VAILHÉ