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On this page: Juniores – Jura in Re – Jure Actio – Jure Cessio – Juridici – Juridici Conventus – Jurisconsult

JURGIUM.

By metonymy jugum meant the quantity of land which a yoke of oxen could plough in a day. (Varro, de Re Rust. i. 10.) It was used as equi­ valent to the Latin par and the Greek ^etfyos, as in aquilarum jugum. (Plin. //. N. x. 4, 5.) By another figure the yoke meant slavery., or the con­ dition in which men are compelled against their will, like oxen or horses, to labour for others. (Aeschyl. Again. 512 ; Floras, ii. 14 ; Tacit. Agric. 31 ; Hor. Sat. ii. 7. 91.) Hence, to express sym­ bolically the subjugation of conquered nations, the Romans made their captives pass under a yoke (sub jugum mittere\ which, however, in form and for the sake of convenience, was sometimes made, not like the yoke used in drawing carriages or ploughs, but rather like the jugum described under the two first of the preceding heads ; for it consisted of a opear supported transversely by two others placed apright. [J. Y.J JUGUMENTUM. [janua, p. 624, b.]

JUNIORES. [comitia. p. 338»]

JURA IN RE. [dominium.]

JURE ACTIO, IN. [JuRiSDicTio.]

JURE CESSIO, IN, was a mode of trans­ ferring ownership by means of a fictitious suit, and so far resembled the forms of conveyance by fine and by common recovery, which, till lately, were in use in England. The In Jure Cessio was appli­ cable to things Mancipi and Nee Mancipi, and also to Res Incorporales, which, from their nature, were incapable of tradition. The parties to this transaction were the owner (dominus qui cedit\ the person to whom it was intended to transfer the ownership (vi?idicans, cui ceditur)^ and the magis- tratus, qui addicit. The person to whom the ownership was to be transferred, claimed the thing as his own in presence of the magistratus and the real owner ; the magistratus called upon the owner for his defence, and on his declaring that he had none to make, or remaining silentj the magistratus decreed (addiocit] the thing to the claimant. This proceeding was a legis actio.

An hereditas could be transferred by this pro­cess [herbs, p. 601, b.] ; and the res corporales, which belonged to the hereditas, passed in this way just as if they had severally been transferred by the In Jure Cessio.

The In Jure Cessio was an old Roman institu­tion, and there were provisions respecting it in the Twelve Tables. (Frag. Vat. s. 50.)

(Gaius. ii. 24; Ulp. Frag. tit. 19. s. 9.) [G. L.] JU'RGIUM is apparently a contracted form of Juridicium. The word had a special legal mean­ing, as appears from a passage of Cicero, De Re-pitblica, quoted by Nonius: " Si jurgant, inquit, benevolorum concertatio, non lis inimicorum jurgiilm dicitur. Et in sequenti: Jurgare ig-itur lex putat inter se vicinoSj non litigare." Rudorff states that the small disputes which arose bdtween owners of contiguous lands within the " quinque pedes" (Cic. de Leg. i. 18) were comprehended under the term Jurgium. He refers for a like iise Of the word to Horace (Ep. ii. 1. 38} and ii. 2. 170)4

Sed vocat usque suum, qua populus adsita ce.rtis Limitibus vicina refugit jurgia.

(Rudorff, Zeitschrift, &c. vol. x. p. 346$ Ueberdie Granzsclieidungsldage.)

Compare also Cicero, de Legibus* ii. 8. " Feriis jurgia amovento j" and Facciolati, Lexicon, s. v. Juryinm* [G. L.J

C53

JURISCONSULTI.

JURIDICI. Under Hadrian, Italy was di­ vided into five districts, one of which contained Rome, and continued in the same relation to the Roman praetor that it had been before the division of Hadrian. Each of the other four districts re­ ceived a magistratus with the title of consularis, who had the higher jurisdiction, which was taken from the municipal magistrates. We may also infer that the court of the consularis was a court of appeal from the inferior courts in the matters which were left to their jurisdiction. (Spart. Hadrian. 22 ; Capitol. Pius, 2.) This arrangement of Hadrian was an advantage to the Italians, for before this time the inhabitants had to go to the Roman praetor's court for all matters which were not within the jurisdiction of the duumviri ; for we must assume that the consulares resided in their districts. M. Aurelius placed functionaries with the title of Juridici in the place of the Consulares (Puchta, Instit. i. § 92 ; and note (m) on the pass­ age of Appian, BelL Civ. i. 38). . [G. L.]

JURIDICI CONVENTUS [provincia].

JURISCONSULT! or JURECONSULTI. The origin among the Romans of a body of men, who were expounders of the law, may be referred to the separation of the Jus Civile from the Jus Pontificium. [Jus civile flavianum.] 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 consiilti simply. They were also designated by other names, as jurispmdentes, pru-dentiores, peritioreSj and juris auctores. The word which Plutarch uses is yOjUoSei/crTjs (Tib. Graccli. 9), and voiMxSs (Sulla^ 36.) Cicero (Top. 5) enu­merates the jurisperitorum auctoritas among the component parts of the Jus Civile. The definition of a jurisconsultus, as given by Cicero (De Or. i. 48), is, "a person who has such a knowledge of the laws (leges) and customs (consuetudo) which prevail in a state as to be able to advise (respon-dendum)., act (agendum), and to secure a person in, his dealings (cavendum) : Sextus Aelius Catus [Jus aelianum], M'. Manilius, and P. Mucius are ex­amples." In the oration Pro Murena^ Cicero uses " scribere " in the place of " agere." 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 (Cic. de Or. iii. 33) ; and not only on matters of law, but on any thing else that might be referred to them. The words " scribefe " 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 \vho 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. The earlier jurisconsults cannot be said to be the same kind of persons as those of a later period. Law had not then assumed a sci­entific form. The first whom Pomponius mentions was Papirius, who is said to have made a collection of the Leges Regiae. 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 pro-fessus est)y and he was distinguished both for his knoxvledge of the law and his eloquence.. Ho left

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