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JURISDICT10.

Lut to very little purpose. The matter is briefly treated by Puchta. (I/istit. i. § 98.)

The writings of the jurisconsult! consisted of commentarii on the Twelve Tables, on the Edict, on particular leges, more especially on some of the Juliae Leges, and on other matters. The later jurists also commented on the writings of the earlier jurists. They also wrote elementary treatises (ele-menta^ commentarii)^ such as the Institutions of Gains, which is the earliest work of the kind that we know to have been written ; books called Regulae, and Definitiones, which probably were collections of maxims and legal principles ; collec­tions of cases and answers, under the various names of responsa, epistolae, sententiae, and opiniones ; systems of law ; and various works of a miscella­neous character, with a great variety of names, such as disputationes, quaestiones, enchiridia, res quotidianae, and various other titles.

The juristical writers were very numerous : they formed a series, beginning with Q. Mucius Scae-vola, the Pontifex, and ending about the time of Alexander Severus, with Modestinus who was a pupil of Ulpian. With the exception of the frag­ments preserved in the Digest, this great mass of literature is nearly lost. [pandectae.]

The mode of teaching law at Rome was of a practical nature. Professors of law in the modern sense did not exist till the Imperial periods. Ul­pian calls them Juris civilis professores (Dig. 50. tit 13. s. 1. § 5) ; but there is no indication that he considered himself as one of the class ; nor can we consider that such men as Julian, Papinian or Paulus ever followed the occupation of teacher of law. The instruction which was given in the re­publican period consisted in the Jurisconsult! al­lowing young men to be present as auditores, when they delivered their legal opinions, and to see how they conducted their business. (Cic. Brut. 89, Laelius, 1.) Previous, however, to attending to this practical instruction, young men were taught the elements of law, which was expressed by the term institui, whence probably the name Insti-tutiones was given to elementary treatises like those of Gaius. Accordingly, institui and audife, expressed the two parts of a legal education ; and this mode of instruction continued probably till near the time of Constantine. In the Imperial period, probably young men devoted themselves for a still longer period to attendance on those jurists, who had the Jus Respondendi. These young men are the juris stitdiosi, who are men­tioned by Ulpian and others. Thus Ulpian calls Modestinus, " studiosus meus." As already ob­served, the class called Jtlris Civilis Professores arose under the empire, and they received from those who attended them an Honorarium^ or fee. (Ulpian, Dig. 50. tit. 13. s. 1. § 5.)

(Pomponius, De Origins Juris^ Dig. 1. tit. 2. s. 2 ; Zimmern, Gescliichte des Romischen Prival- reckts.) [G. L.]

JURISDICTIO. The " offichtm " of him " qui jus dicit " is defined as follows (Dig. 2. titi 1. De Jurisdiction^) i — " Bonorum possessiohdm dare potest, et in possessione'm mittere, pupillis non licibeutibtiB tutOfes cbhstittiefej judices litigantibtis dare."" This is the general signification of the word Jurisdictio, which expresses the whole " offi-civim jus dicentis." The functions which are in­cluded in the " officium jus dicentis " belong either to the Jurisdictio (in its special sense), or to the

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JUS.

Imperium Mixtum, or they are those which o.re exercised by virtue of some lex, senatusconsultum, or authority delegated by the princeps, as the "Tutoris datio." (Dig. 26. tit. 1. s. 6.) The Juris-dictio of those magistratus who had no Imperium, was limited in consequence of not having the Im­perium, and therefore was not Jurisdictio in the full meaning of that term. [imperium ; magis­tratus.] Inasmuch as Jurisdictio in its special sense, and the Imperium Mixtum, are component parts of Jurisdictio in its wider sense, Imperium may be said to be contained in or incident to Jurisdictio (imperium quod jurisdictioni cohaeret, Dig. 1. tit. 21. s. 1). Sometimes Imperium is viewed as the term which designates the full power of the magistratus ; and when so viewed, it may be considered as equivalent to Jurisdictio, in its wider sense, or as comprehending Jurisdictio in its nar­rowest sense. Thus Imperium may be considered as containing or as contained in Jurisdictio, according as we give to each term respectively its wider or its narrower meaning. (Puchta, Ueber den inhalt der Lex Rubria, Zeitsclirift^ vol. x. p. 195.) The Juris­dictio was either Voluntaria or Contentiosa. (Dig. I. tit. 1. (>. s. 2.) The Jurisdictio Voluntaria rendered valid certain acts done before the magistratus, for which certain forms were required, as adoption and manumission. Thus adoption, properly so called, could take place before the praeses of a pro-vincia (Gaius, i. 100) ; but in Rome it took place before the praetor, and was said to be effected " imperio magigtratlis.'1'1 The Jurisdictio Conten­tiosa had reference to legal proceedings before a magistratus, which were said to be in jure as op­posed to the proceedings before a judex, which were said to be in judicio. The parties were said " Lege agere :" the magistratus was said jus dicere or reddere. Accordingly " magistratus " and " qui Romae jus dicit " are equivalent. (Cic. ad Fam. xiii. 14.) The functions included in Jurisdictio in this, its special sense, were the addictio in the legis actiones, the giving of the formula in proceed­ings conducted according to the newer process, and the appointment of a judex. The appointing of a judex, " judicis datio,'* was for the purpose of in • quiring into the facts in dispute between the par­ties. The words of the formula are "Judex esto," &c. (Gaius. iv. 47) ; and the terms of the edict in which the praetor declares that he will give a judex, that is, will recognise a right of action, are " Judi-cium dabo/* (Cic. pro Place. 35.) Addictio be­longs to that part of Jurisdictio by which the magis­tratus himself makes a decree or gives a judgment: thus in the case of the In Jure Cessio, he is said "rem addicefej1" (Gaius^ ii. 24.) Addicere is to adjudge a thing or the possession of a thing to one of the litigant parties. In the case of furtmn manifestiim, inasmuch as the facts would be certain, there was ah addictio. (Gaitis, iv. 189.)

Other uses of the Word addictio are collected in Facciolati.

It is with reference to the three terms, Do, Dico, Addico, that Varro {De Ling> Lot. vi. 30) remarks that the praetor must use one of these words " cum lege quid peragitur.'* Accordingly, those days Were called Nefasti on which no legal business could be done, because the words of legal force could not be used. (Compare Ovid. Fast. i. 47 ; Macrobius, Saturn, i. 16.) [G. L.]

JUS. "All people," says Gaius (i. I), "who are governed by Leges and Mores, use partly their

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