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

JURISDICT'lO. JUS. 6.55
but to very little purpose. The matter is briefly Ilperiuin Mixtunl, or they are those which s.re
treated by Puchta. (Ilstit. i. ~ 911.) exercised by virtue of some lex, senatusconsu!ltum,
The writings of the jurisconsulti consisted of or authority delegated by the princeps, as the
commentarii on the Twelve Tables, on the Edict, " Tutoris datio." (Dig. 26. tit. 1. s. 6.) The Jurison particular leges, more especially on some of the dictio of those magistratus who had no Imperium,
Juliae Leges, and on other matters. The later was limited in consequence of not having the Imjurists also commented on the writings of the earlier perium, and therefore was not Jurisdictio in the
jurists. They also wrote elementary treatises (ele- full meaning of that term. [IMPEaRIM; MAGIsmenta, com7noentarii), such as the Institutiones of TRATUS.] Inasmuch as Jurisdictio in its special
Gaius, which is the earliest work of the kind that sense, and the Imperium Mixtum, are component
we know to have been written; books called parts of Jurisdictio in its wider sense, Imperium
Regulae, and Definitiones, which probably were may be said to be contained in or incident to
collections of maxims and legal principles; collec- Jurisdictio (ihnperiuno quod jurisdictioni cohaeret,
tions of cases and answers, under the various names Dig. 1. tit. 21. s. 1). Sometimes Imperium is
of responsa, epistolae, sententiae, and opiniones; viewed as the term which designates the full power
systems of law; and various works of a miscella- of the magistratus; and when so viewed, it may be
neons character, with a great variety of names, considered as equivalent to Jurisdictio, in its wider
such as displtationes, quaestiones, enchiridia, res sense, or as comprehending Jurisdictio in its narquotidianae, and various other titles. rowest sense. Thus Imperium may be considered
The juristical writers were very numerous: they as containing or as contained in Jurisdictio, according
formed a series, beginning with Q. Mucius Scae- as we give to each term respectively its wider or its
vola, the Pontifex, and ending about the time of narrower meaning. (Puchta, Ueber den inlalt der
Alexander Severus, with Modestinus who was a Lex Rubria, Zeitschlrsft, vol. x. p. 195.) The Jurispupil of Ulpian. With the exception of the frag- dictio was either Voluntaria or Contentiosa. (Dig. 1.
ments preserved in the Digest, this great mass of tit. 1. 6. s. 2.) The Jurisdictio Voluntaria rendered
literature is nearly lost. [PANDECTAE.] valid certain acts done before the magistratus, for
The mode of teaching law at Rome was of a which certain forms were required, as adoption
practical nature. Professors of law in the modern and manumission. Thus adoption, properly so
sense did not exist till the Imperial periods. U1- called, could take place before the praeses of a propian calls them Juris civilis professores (Dig. 50. vincia (Gaius, i. ] 00); but in Rome it took place
tit, 13. s. 1. ~ 5); but there is no indication that he before the praetor, and was said to be effected
considered himself as one of the class; nor can we " imperio ntagistratus." The Jurisdictio Contenconsider that such men as Julian, Papinian or tiosa had reference to legal proceedings before a
Paulius ever followed the occupation of teacher of magistratus, which were said to be in jure as oplaw. The instruction which was given in the re- posed to the proceedings before a judex, which
publican period consisted in the Jurisconsulti al- were said to be in judicio. The parties were said
lowing young men to be present as auditores, when " Lege agere:" the magistratus was said jus dicere
they delivered their legal opinions, and to see how or reddere. Accordingly " magistratus" and " qui
they conducted their business. (Cic. Bret. 89, Romae jus dicit " are equivalent. (Cic. ad Fean.
Laelius, 1.) Previous, however, to attending to xiii. 14.) The functions included in Jurisdictio
this practical instruction, young men were taught in this, its special sense, were the addictio in the
the elements of law, which was expressed by the legis actiones, the giving of the formula in proceedterm institui, whence probably the name Insti- ings conducted according to the newer process, and
tutiones was given to elementary treatises like the appointment of a judex. The appointing of a
those of Gaius. Accordingly, institri and atdire, judex, " judicis datio," was for the purpose of in.
expressed the two parts of a legal education; and quiring into the facts in dispute between the parthis mode of instruction continued probably till ties. The words of the formula are "Judex esto,"
near the time of Constantine. In the Imperial &c. (Gaius. iv. 47); and the terms of the edict in
period, probably young men devoted themselves which the praetor declares that he will give a judex,
for a still longer period to attendance on those that is, will recognise a right of action, are "Judijurists, who had the Jus Respondendi. These cium dabo.'5 (Cic. pro Flacc. 35.) Addictio beyoung amen are the juris studiosi, who are men- longs to that part of jurisdictio by which the magistioned by Ulpian and others.'thus Ulpian calls tratus himself makes a decree or gives a judgment:
MIodestinus, " studiosus meus." As already ob- thus in the case of the In Jure Cessio, he is said
served, the class called Juris Civills Professores "rem iddicete," (Gaitst ii. 24.) Addicere is to
arose under the empire, and they received from adjudge a thing or the possession of a thing to one
those who attended them an IHonoratiumm ot fee. of the litigant parties. In the case of furtum
(Ulpian, Dig..50. tit. 13. s. 1. ~ 5.) manifestian, inasmuch as the facts would be certain,
(Pomponius, De Origine Juris, Dig. 1. tit. 2. there was ait addictio. (Gains, iv. 189.). 2; Zimmern, Geschliclte des R67nischen Privat- Other uses of the word addictio are collected in
rechts.) [G. L.] Pacciolati.
JURISDI'CTIO. The " oficitmn' of him It is with reference to the three terms, Do, Dicoe,
"qui jus dicit " is defined as follows (Dig. 2. tit 1i. Addico, that Varro (De Ling, Lat. vi. 30) remarks
De Jurisdictione): — " Bonorum possessiohem dare that the praetor must use one of these words " cum
potest, et in possessionemin ittere, pupillis non lege quid peragitur." Accordingly, those days
habentibus tutores cbnstittieite judices litigantibus rvete called Nefasti on which no legal business
dare." This is the general signification of the could be done, because the words of legal force
word Jurisdictio, which expresses the whole " offi- could not be used. (Compare Ovid. Fast. i. 47
ciuni jus dicentis." The functions which are in- Macrobius, Saturn. i. 16.) [G. L.]
d.uded in the " officium jus dicentis " belong either JUS. "All people," says Gaius (i. 1), "who
tc the Jurisdictio (in its special sense), or to the are governed by Leges and Mores, use partly their