Smith, William: A smaller dictionary of Greek and Roman antiquities (London, 1871)

JURISDICTIO.

218

JUSJURANDUM.

JURISDICTIO, signifies generally the au-
thority of the magistrate " qui jus dieit," 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.]

.ICS. The law peculiar to the Roman
state is sometimes called Jus Civile Roma-
norum, but more frequently Jus Civile only.
The Jus Quiritium is equivalent to the Jus
Civile Roma novum. The jus civile of the Ro-
mans is divisible into two parts, jus civile in
the narrower sense, and jut pontificium, or
the law of religion. This opposition is some-
times expressed by the words Jus and Fits.
The law of religion, or the Jus Pontificium,
was under the control of the pontiftces, 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 au-
gurum, pontificium, &c.

JUS CIVILE. [Jvs.]

JUS LATII. [Civitas; Latixitas.]

JUS PONTIFICIUM. [Jus.]

JUS QUIRITIUM. [Jvs.]

JUSJURANDUM (op«os), an oath. (1)
Greek. An oath is an appeal to some supe-
rior 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 occa-
sions, as treaties, alliances, vows, compacts,
and agreements, both between nations and in-
dividuals. 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 persua-
sion 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 accom-
panied 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 ipbs rov f3wfibi> efopicifeii', 6/u.-
vvva.1 k.o.0' Itpuiv. The hand especially was re-
garded as a pledge of fidelity, and the allu-
sions to the junction of hands in making con-
tracts 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, th
Lacedaemonians by Castor and Pollux, the
Corinthians by Poseidon ; the Athenians swore
principally by Zeus, Athena, Apollo (their
Trarpwoq 0eix), Demeter, and Dionysus. The
office or character of the part}', or the place,
or the occasion often suggested the oath to be
taken. As swearing became a common prac-
tice 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, De-
meter, and Persephone, Hera, Hecate, Arte-
mis ; 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 esta-
blishment of the republic the consuls, and
subsequently all the other magistrates, were
obliged, within five days after their appoint-
ment, to promise on oath that they would
protect and observe the laws of the republic
(in leges jurare). Vestal virgins and the
fiamen 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 ut-
most to promote its welfare. All Roman
soldiers after they were enlisted for a cam-
paign, had to take the military oath (sacra-
mentum). 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 jtirare verbis
conceptis.—II. Oaths taken in transactions
with foreign nations in the name of the re-
public. 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 ani-
mal, if the people should violate the oath
The chiefs or priests of the other nation then
swore in a similar manner by their own
goas. In swearing to a treaty with a foreign