Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

JURGIUM. JUIt!SCONSULTI. 653 By metonymy ju/yum meant the quantity of JURI'DICI. Under Hadrian, Italy was diland which a yoke of oxen could plough in a day. vided into five districts, one of which contained (Varro, de Re Rust. i. 10.) It was used as equi- Rome, and continued ill the same relation to the tealent to the Latin par and the Greek eOryos, as Roman praetor that it had been before the division in aquilar?7n jugunz. (Plin. II. N. x. 4, 5.) By of Hadrian. Each of the other four districts reanother figure the yoke meant slavery, or the con- ceived a magistratus with the title of consularis, dition in which men are compelled against their who had the higher jurisdiction, which was taken will, like oxen or horses, to labour for others. from the municipal magistrates. We may also (Aeschyl. Again. 512; Florus. ii. 14 Tacit. Agric. infer that the court of the consularis was a court of 31; lIor. Sat. ii. 7. 91.) Hence, to express sym- appeal from the inferior courts in the matters which bolically the subjugation of conquered nations, the were left to their jurisdiction. (Spart. Hadrian. 22; Romans made their captives pass under a yoke (sub Capitol. Pius, 2.) This arrangement of Hadrian jzaum milttere), which, however, in form and for was an advantage to the Italians, for before this the sake of convenience, was sometimes made, not time the inhabitants had to go to the Roman like the yoke used in drawing carriages or ploughs, praetor's court for all matters which were not but rather like the jugum described under the tvo within the jurisdiction of the duumviri; for we first of the preceding heads; for it consisted of a must assume that the consulares resided in their spear supported transversely by two others placed districts. Id. Aurelius placed functionaries with upright. [J. Y.] the title of Juridici in the place of the Consulares JUGUMENTUMI. [JANUA, p. 624, b.] (Puchta, Instit. i. ~ 92; and note (m) on the passJUNIO'RES. [COMLTIA. p. 3383] age of Appian, Bell. Civ. i. 38).. [G. L.] JURA IN RE. [DoMINIUM.] JUR1'DICI CONVENTUS [PROVINCIA]. JIJRE ACTIO, IN. [JURISDICTIO.] JURISCONSULTI or JURECONSULTI J[IRE CESSIO, IN, was a mode of trans- The origin among the Romans of a body of men, ferring ownership by means of a fictitious suit, and who were expounders of the law, may be referred so far resembled the forms of conveyance by fine to the separation of the Jus Civile from the Jus and by common recovery, which, till lately, were Pontificium. [Jus CIVILE FLAVIANUM.] Such in use in England. The In Jure Cessio was appli- a body certainly existed before the time of Cicero, cable to things Mancipi and Nec Mancipi, and and the persons who professed to expound the law also to Res- Incorporales, which, from their nature, were called by the various names of jurisperiti, were incapable of tradition. The parties to this jurisconsulti, or consulti simply. They were also transaction were the owner (dominus qui cedit), the designated by other names, as jurisprudentes, pruperson to whom it was intended to transfer the dentiores, peritiores, and juris auctores. The word ownership (vindicans, cui ceditur), and the magis- which Plutarch uses is VOxo06Esi rT (Tib. Graccr. tratus, qui addicit. The person to whom the 9), and voul;rs (Sulla, 36.) Cicero (Top. 5) enuownership was to be transferred, claimed the thing merates the jurisperitorum auctoritas among the as his own in presence of the magistratus and the component parts of the Jus Civile. The definition real owner; the magistratus called upon the owner of a jurisconsultus, as given by Cicero (De Or. i. for his defence, and on his declaring that he had 48), is, "a person who has such a knowledge of none to make, or remaining silent, the magistratus the laws (leyes) and customs (consuetudo) which decreed (addixit) the thing to the claimant. This prevail in a state as to be able to advise (responproceeding was a legis actio. dendum), act (agendum), and to secure a person in. An hereditas could be transferred by this pro- his dealings (carendum) ): Sextus Aelius Catus [Jus cess [CHERES, p. 601, b.]; and the res corporales, AELIANUMi], M. Manilius, and P. Mucius are exwhich belonged to the hereditas, passed in this way amples." In the oration Pro Maurena, Cicero uses just as if they had severally been transferred by " scribere" in the place of "agere." The business the In Jure Cessio. of the early jurisconsulti consisted both in advising The In Jure Cessio was an old Roman institu- and acting on behalf of their clients (consultores) tion, and there were provisions respecting it in the gratuitously. They gave their advice or answers Twelve Tables. (Frag. VFat. s. 50.) (responsa) either in public places which they at(Gaius. ii. 24; Ulp. Frag. tit. 19. s. 9.) [G. L.] tended at certain times, or at their own houses JU'RGIUM is apparently a contracted form of (Cic. de Or. iii. 33); and not only on matters of Juridicium. The word had a special legal mean- law, but on any thing else that might be referred ing, as appears from a passage of Cicero, De Re- to them. The words " scribere" and " cavere " publica, quoted by Nonius: " Si jurgant, inquit, referred to their employment in drawing up formal benevolorum concertatio, non Ihs inimicorum jurgiiim instruments, such as contracts or wills, &c. At a dicitur. Et in sequenti: Jurgare igitur lex putat later period, many of these functions were perinter se vicinos, non litigare.'? Rudorff states that formed by persons who were paid by a fee, and the small disputes which arose between owners of thus there arose a body of practitioners distinct contiguous lands within the " quinque pedes" from those who gave responsa and who were writers (Cic. de Leg. i. 18) were comprehended under the and teachers. The earlier jurisconsults cannot be term Jurgium. He refers for a like rise of the said to be the same kind of persons as those of a word to Horace (Ep. ii. 1. 38, and ii. 2. 170), later period. Law had not then assumed a scientific foam. The fitst whom Pomponins mentions Sed vocat usque sum, qua ppulus adsita certis *.was Papirius, who is said to have made a collection Limnlitibus vicina refugit jurgia. imitibus vcn efnt jurgia. of the Leges Regiae. Tiberius Coruncanius, a (Rudorff, Zeitschrift, &c. vol. x. p. 346, Ueberdie plebeian, who was consul B. c. 281, and also the Griinzschleiduns.qskllae.) first plebeian Pontifex Maximus, is mentioned as Compare also Cicero, de Legius, ii. 8. " Feriis the first who publicly professed (publice projurgia amovento;" and Facciolati, Lexicon., s. v. fissus est), and he was distinguished both for his ruryfium. 1[G. L.] knowledge of the law and his eloquence.. He left

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Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.
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Smith, William, Sir, 1813-1893.
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Page 653
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Boston,: C. Little, and J. Brown
1870.
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Classical dictionaries

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