A Smaller Dictionary of Greek and Roman Antiquities

by William Smith

JŪRISCONSULTI or JŪRĔCONSULTI arose among the Romans after the separation of the Jus Civile from the Jus Pontificium. Such a body certainly existed before the time of Cicero, and the persons who professed to expound the law were called by the various names of jurisperiti, jurisconsulti, or consulti simply. They were also designated by other names, as jurisprudentes, prudentiores, peritiores, and juris auctores. The business of the early jurisconsulti consisted both in advising and acting on behalf of their clients (consultores) gratuitously. They gave their advice or answers (responsa) either in public places which they attended at certain times, or at their own houses; and not only on matters of law, but on any thing else that might be referred to them. The words scribere and cavere referred to their employment in drawing up formal instruments, such as contracts or wills, &c. At a later period, many of these functions were performed by persons who were paid by a fee, and thus there arose a body of practitioners distinct from those who gave responsa and who were writers and teachers. Tiberius Coruncanius, a plebeian, who was consul B.C. 281, and also the first plebeian Pontifex Maximus, is mentioned as the first who publicly professed (publice professus est), and he was distinguished both for his knowledge of the law and his eloquence.

JŪRISDICTIO, signifies generally the authority of the magistrate “qui jus dicit,” and is mostly applied to the authority of the praetor in civil cases, such as the giving of the formula in an actio and the appointment of a judex. [[Actio].]

JŪS. The law peculiar to the Roman state is sometimes called Jus Civile Romanorum, but more frequently Jus Civile only. The Jus Quiritium is equivalent to the Jus Civile Romanorum. The jus civile of the Romans is divisible into two parts, jus civile in the narrower sense, and jus pontificium, or the law of religion. This opposition is sometimes expressed by the words Jus and Fas. The law of religion, or the Jus Pontificium, was under the control of the pontifices, who in fact originally had the control of the whole mass of the law; and it was only after the separation of the jus civile in its wider sense into the two parts of the jus civile, in its narrower sense, and the jus pontificium, that each part had its proper and peculiar limits. Still, even after the separation, there was a mutual relation between these two branches of law; for instance, an adrogatio was not valid by the jus civile unless it was valid by the jus pontificium. Again, jus pontificium, in its wider sense, as the law of religion, had its subdivisions, as into jus augurum, pontificium, &c.

JŪS CĪVĪLE. [[Jus].]

JŪS LĂTĪI. [[Civitas]; [Latinitas].]

JUS PONTĬFĬCĬUM. [[Jus].]

JUS QUĬRĪTĬUM. [[Jus].]

JUSJŪRANDUM (ὅρκος), an oath. (1) Greek. An oath is an appeal to some superior being, calling on him to bear witness that the swearer speaks the truth, or intends to perform the promise which he makes. We find early mention in the Greek writers of oaths being taken on solemn and important occasions, as treaties, alliances, vows, compacts, and agreements, both between nations and individuals. The Greeks paid high regard to the sanctity of oaths. The poets frequently allude to the punishment of perjury after death, which they assign to the infernal gods or furies, and we find many proofs of a persuasion that perjurers would not prosper in this world. Anciently the person who took an oath stood up, and lifted his hands to heaven, as he would in prayer; for an oath was a species of prayer, and required the same sort of ceremony. Oaths were frequently accompanied with sacrifice or libation. The parties used also to lay their hands upon the victims, or on the altar or some other sacred thing, as if by so doing they brought before them the deity by whom the oath was sworn, and made him witness of the ceremony. Hence the expressions πρὸς τὸν βωμὸν ἐξορκίζειν, ὀμνύναι καθ’ ἱερῶν. The hand especially was regarded as a pledge of fidelity, and the allusions to the junction of hands in making contracts and agreements abound in the ancient writers. The different nations of Greece swore by their own peculiar gods and heroes; as the Thebans by Hercules, Iolaus, &c., the Lacedaemonians by Castor and Pollux, the Corinthians by Poseidon; the Athenians swore principally by Zeus, Athena, Apollo (their πατρῷος θεὸς), Demeter, and Dionysus. The office or character of the party, or the place, or the occasion often suggested the oath to be taken. As swearing became a common practice with men upon trivial occasions, and in ordinary conversation, they used to take oaths by any god, person, or thing, as their peculiar habits or predilections, or the fancy of the moment, dictated. Women also had their favourite oaths. As the men preferred swearing by Hercules, Apollo, &c., so the other sex used to swear by Aphrodite, Demeter, and Persephone, Hera, Hecate, Artemis; and Athenian women by Aglauros, Pandrosus, &c.—(2) Roman. I. Oaths taken by magistrates and other persons who entered the service of the republic.—After the establishment of the republic the consuls, and subsequently all the other magistrates, were obliged, within five days after their appointment, to promise on oath that they would protect and observe the laws of the republic (in leges jurare). Vestal virgins and the flamen dialis were not allowed to swear on any occasion. During the later period of the republic we also find that magistrates, when the time of their office had expired, addressed the people and swore that during their office they had undertaken nothing against the republic, but had done their utmost to promote its welfare. All Roman soldiers after they were enlisted for a campaign, had to take the military oath (sacramentum). It may here be remarked that any oath might be taken in two ways: the person who took it, either framed it himself, or it was put to him in a set form, and in this case he was said in verba jurare, or jurare verbis conceptis.—II. Oaths taken in transactions with foreign nations in the name of the republic. According to the most ancient form the pater patratus pronounced the oath in the name of his country, and struck the victim with a flint-stone, calling on Jupiter to destroy the Roman nation in like manner, as he (the pater patratus) destroyed the animal, if the people should violate the oath. The chiefs or priests of the other nation then swore in a similar manner by their own gods. In swearing to a treaty with a foreign nation, a victim (a pig or a lamb) was in the early times always sacrificed by the fetialis (whence the expressions foedus icere, ὅρκια τέμνειν), and the priest while pronouncing the oath probably touched the victim or the altar. The jus fetiale, however, fell into disuse as the Romans extended their conquests; and as in most cases of treaties with foreign nations, the Romans were not the party that chose to promise anything on oath, we hear no more of oaths on their part. At first the Romans were very scrupulous in observing their oaths in contracts or treaties with foreigners, and even with enemies; but from the third Punic war to the end of the republic, perjury was common among the Romans in their dealings with foreigners as well as among themselves.—III. Oaths or various modes of swearing in common life. The practice of swearing in ordinary conversations, was as common among the Romans as among the Greeks. The forms used were sometimes simple invocations of one or more gods, as Hercle or Mehercle, that is, ita me Hercules juvet, amet, or servet; Pol, Perpol or Aedepol, that is, per Pollucem; per Jovem Lapidem or simply per Jovem; per superos; per deos immortales; medius fidius, that is, ita me Dius (Δίος) filius juvet; ita me deus amet, or dii ament. Women as well as men swore by most of the gods; but some oaths were peculiar to one of the sexes. Thus women never swore by Hercules, and men never by Castor. Sometimes oaths were accompanied with an execration, in case the swearer was stating a falsehood: as Dii me perdant; dii me interficiant; dispeream; ne vivam; ne salvus sim, &c.—IV. Oaths taken before the praetor or in courts of justice. There might be a jusjurandum either in jure or in judicio. The jusjurandum in jure is the oath which one party proposed to his adversary (detulit) that he should make about the matter in dispute; and the effect of the oath being taken or refused was equivalent to a judicium. The jusjurandum in judicio (jusjurandum judiciale) was required by the judex, and not by either of the parties, though either of the parties might suggest it.

JUSTĬTĬUM, a cessation of public business of every kind. Thus the courts of law and the treasury were shut up, no ambassadors were received in the senate, and no auctions took place. The Justitium was proclaimed (edicere, indicere) by the senate and the magistrates in times of public alarm and danger; and after confidence and tranquillity had been restored, the Justitium was removed (remittere, exuere) by the same authorities. As such times of alarm are usually accompanied with general sorrow, a Justitium came in course of time to be ordained as a mark of public mourning, and under the empire was only employed for this reason.