The Ancient Library

Scanned text contains errors.

On this page: Jussu – Justa Funera – Justinianeus Codex – Justitium – Juvenalia


men were regarded as divine beings, and persons used to swear by their own genius, or by that of a friend, and during the empire by that of an emperor. (Horat. Epist. i. 7, 94 ; Suet. Calig. 27.) Women as well as men swore by most of the gods ; but some of them were peculiar to one of the sexes. Thus women never swore by Her­cules, and men never by Castor; Varro, moreover, said that in ancient times women only swore by Castor and Pollux, while in the extant writers we find men frequently swearing by Pollux. (Gellius, xi. 6.) Juno and Venus were mostly invoked by women, but also by lovers and effeminate men in general. (Plant. AmpUt. ii. 2. 210 ; Tibull. iv. 3 3. 15 ; Juv. ii. 98; Ovid. Amor. ii. 7. 27, ii. 8. 18.)

2. Invocations of the gods, together with an execration, in case the swearer was stating a false­hood. Execrations of this kind are, Dii me per-danl (Plant. Mil. Glor. iii. 2. 20, Cistell ii. 1. 21); dii me interjiciant (Plaut. Mostell. i. 3. 35) ; dis-peream (Horat. Sat. i. 9. 47) ; ne vivam (Cic. ad Fam. vii. 23 ; Mart. x. 12. 3); ne salvus sim (Cic. ad Att. xvi. 13), &c.

3. Persons also used to swear by the indi­viduals or things most dear to them. Thus we have instances of a person swearing by his own or another man's head (Dig. 12. tit. 2. s. 3. §4; Ovid, TrisL v. 4. 45 ; Heroid. iii. 107 ; Juv. vi. 16), by his eyes (Plaut. Meneacli. v. 9. 1; Ovid, Amor. ii. 16. 44), by his own welfare or that of his children (Dig. 12. tit. 2. s. 5 ; Plin. Epist. ii. 20), by the welfare of an emperor (Cod. 2. tit. 4. s. 41), &c.

Respecting the various forms of oaths and swearing see Brissonius, de Formul. viii. cc. 1— 18. [L. S.]

IV. Oaths taken before the praetor or in courts of justice. There might be a jusj urandum either in jure or in judicio. The jusjurandum in jure had a like effect to the confessio in jure, and it stood in the place of the litis contestatio (Dig. 5. tit. 1. s. 28. § 2). 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. If the defendant took the oath, he had in answer to the actio an exceptio (plea) jurisjurandi, analogous to the ex-ceptio rei in judicium deductae and rei judicatae. If the plaintiff swore, he had an actio in factum (on the case) analogous to the actio judicati. The reason of the jusjurandum. having this effect is explained (Dig. 44. tit. 5. s. 1) to be, that a party to a cause makes his adversary the judex by pro­posing to him to take the oath (deferendo ei jus­jurandum). This jusjurandum which is proposed (delatum) injure, is called necessarium^ because he to whom it is proposed cannot simply refuse it ; he must either take the oath, or, in his turn, pro­pose (referre) that the proposer shall take it. Simple refusal was equivalent to conressio (con-fessionis est nolle nee jurare nee jizsjurandum re-ferre ; Dig. J 2. tit. 2, s. 38). In the Edict (Dig. 12. tit. 2. s. 34. §6), the praetor says that he will compel the person from whom the oath is demanded to pay or to take the bath. A pupillus, a procurator, or defensor, a Vestal, and a flamen dialis could not be compelled to swear (Gell. x. 15).

The jusjurandum in judicio (jusjurandum judi-ciale) is required by the judex, and not by either of the parties, though either of the parties may



suggest it. This jusjurandum has not the effect of the jusjurandum in jure: it is merely evidence, and the judex can give it such probative force as to him seems just. Such an oath is only wanted when other evidence fails. The judicial oath was particularly applicable in cases in which the judex had to determine the value of the matter in dis­pute. As a general rule, the aestimatio or esti­mate of value or damages was to be made by the judex conformably to the evidence furnished by the plaintiff; but if the defendant by his dolus or contumacia prevented the plaintiff from recover­ing the specific thing, which was the object of the action, and consequently the plaintiff must have the value of it, the judex could put the plaintiff to his oath as to the value of the thing ; but he could also fix a limit (taxatio) which the plaintiff must not exceed in the amount that he declared upon oath. This is called jusjurandum in litem (Dig. 12. tit. 3). This oath is merely evidence ; the judex may still either acquit the defendant or condemn him in a less sum (Dig. 22. tit. 3 ; De probationibus et praesumptionibus).

As to the Jusjurandum Calumniae, see calum- nia ; and see judex, judicium. [G. L.]

JUSSU, QUOD, ACTIO, is a Praetorian actio which a man had against a father or master of a slave (dominus\ if a filiusfamilias or a slave had entered into any contract at the bidding (jussu} of the father or master, for the full amount of the matter in dispute. He who thus contracted with a filiusfamilias or a slave, was not considered to deal with them on their own credit, but on that of the father or master. This Actio is classed by Gaius with the Exercitoria and Institoria. (Gams, iv. 70; Dig. 15. tit. 4.) [G. L.]

JUSTA FUNERA. [funera, p. 558, b.]



JUSTITIUM, probably signified originally a cessation of judicial business (juris qtiasi interstitio quaedam et cessatio, Gell. xx. 1), but:is always used to indicate a time in which public business of every kind was suspended. Thus the courts of law and the treasury were shut up, no ambassadors were received in the senate, and no auctions took place (jurisdictionem intermitti^ daudi aerarium, judicia tolli, Cic. de Har. Resp. 36 ; pro Plane. 14, with Wunder's note). 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 Justitimn was removed (remittere, exuere) by the same authorities. (Liv. vi. 7, ^ix. 7, x. 21 ; Plut. Sull- 8, TV/^r. 35.) As such times of alarm are usually accompanied with general sorrow, a Jastitiwn came in course of time to be ordained as a mark of public mourning, and under the empire was only employed for this reason. Thus we find it usually proclaimed on the death of an emperor or of a member of the imperial family. It was observed in the provinces as well as at Rome, and during its continuance the soldiers were released from their ordinary military duties. (Tac. Ann. i. • 16, ii. 82 ; Suet. Tib. 52, CaL 24, Galb.lQ.)

JUVENALIA, or JUVENA'LES LUDI (3lov§evd\ia. tbcrirep riva yecwtcr/ceujUaTa), were scenic games instituted by Nero in a. d. 59, in commemoration of his shaving his beard for the first time, thus intimating that he had passed from youth to manhood. He was then in the

u u 4

About | First | English Index | Classified Index | Latin Index | Greek Index



page #  
Search this site
All non-public domain material, including introductions, markup, and OCR © 2005 Tim Spalding.
Ancient Library was developed and hosted by Tim Spalding of