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

JUSJURANDUM. JUVENALIA, 663
men were regarded as divine beings, and persons suggest it. This jusjurandum has not the effect of
used to swear by their own genius, or by that of the jusjurandum in jure: it is merely evidence,
a friend, and during the empire by that of an and the judex can give it such probative force as
emperor. (Horat. Epist. i. 7, 94; Suet. Calig. to him seems just. Such an oath is only wanted
27.) Women as well as men swore by most of when other evidence fails. The judicial oath was
the gods; but some of them were peculiar to one particularly applicable in cases in which the judex
of the sexes. Thus women never swore by Her- had to determine the value of the matter in discules, and men never by Castor; Varro, moreover, pute. As a general rule, the aestimatio or estisaid that in ancient times women only swore by mate of value or damages was to be made by the
Castor and. Pollux, while in the extant writers we judex conformably to the evidence furnished by
find men frequently swearing by Pollux. (Gellius, the plaintiff; but if the defendant by his dolus
xi. 6.) Juno and Venus were mostly invoked by or contumacia prevented the plaintiff from recoverwomen, lut also by lovers and effeminate men in ing the specific thing, which was the object of the
general. (Plaut. Amphit. ii. 2. 210; Tibull. iv. 13. action, and consequently the plaintiff must have
15; Juv. ii. 98; Ovid. Ameor. ii. 7. 27, ii. 8.18.) the value of it, the judex could put the plaintiff to
2. Invocations of the gods, together with an his oath as to the value of the thing; but he
execration, in case the swearer was stating a false- could also fix a limit (taxatio) which the plaintiff
hood. Execrations of this kind are, Dii sme per- must not exceed in the amount that he declared
dcnt (Plant. Mil. Glor. iii. 2. 20, istell. ii. 1. 21); upon oath. This is called jusjurandum in litem
dii?mle inter.ficiant (Plaut. Mleostell. i. 3. 35); dis- (Dig. 12. tit. 3). This oath is merely evidence;
pereaam (Horat. Sat. i. 9. 47); ne vivam (Cic. ad the judex may still either acquit the defendant or
Farm. vii. 23; Mart. x. 12. 3); ne salvus sim (Cic. condenmn him in a less sum (Dig. 22. tit. 3; De
ad Att. xvi. 13), &c. probationibus et praesumptionibus).
3. Persons also used to swear by the indi- As to the Jusjurandum Calumniae, see CALUarviduals or things most dear to them. - Thus we NIA; and see JUDEX, JUDICIUM. [G. L.]
have instances of a person swearing by his own or JUSSU, QUOD, ACTIO, is a Praetorian
another man's head (Dig. 12. tit. 2. s. 3. ~ 4; actio which a man had against a father or master
Ovid, Trist. v. 4. 45; JIHeroid. iii. 107; Juv. vi. of a slave (domninus), if a filiusfamilias or a slave
16), by his eyes (Plaut. Meneach. v. 9. 1; Ovid, had entered into any contract at the bidding
Amz0or. ii. 16. 44), by his own welfare or that of his (juzssu) of the father or master, for the full amount
children (Dig. 12. tit. 2. s. 5; Plin. Epist. ii. 20), of the matter in dispute. He who thus contracted
by the welfare of an emperor (Cod. 2. tit. 4. s. 41), with a filiusfamilias or a slave, was not considered
&c. to deal with them on their own credit, but on that
Respecting the various forms of oaths and of the father or master. This Actio is classed by
Bwearing see Brissonius, de. Formul. viii. cc. 1- Gaius with the Exercitoria and Institoria. (Gaius,
18. [L. S.] iv. 70; Dig. 15. tit. 4.) [0. L.]
IV. Oaths taken before the praetor or in courts of' JUSTA FUNERA. [FUNERA, p. 558, b.]
ijustice. There mightbeajusjurandumeither injure JUSTINIANE'US CODEX. [CODEX JUSor in judicio. The jusjurandum in jure had a like TINIANEUS.]
effect to the confessio in jure, and it stood in the JUSTI'TIUM, probably signified originally a
place of the LITIS CONTESTATIO (Dig. 5. tit. 1. cessation of judicial business (jitris quasi interstitio
s. 28. ~ 2). The jusjurandum in jure is the oath quaedsam et cessatio, Gell. xx. 1), but is always used
which one party proposed to his adverstar (detulit) to indicate a time in which public business of every
that he should make about the matter in dispute; kind was suspended. Thus the courts of law and
and the effect of the oath being taken or refused the treasury were shut up, no ambassadors were
was equivalent to a judicium. If the defendant received in the senate, and no auctions took place
took the oath, he had in answer to the actio an (jurisdictionema intermzitti, claudi aerariues, judicia
exceptio (plea) jurisjurandi, analogous to the ex- tolli, Cic. de Har. Resp. 36; pro Planec. 14, with
ceptio rei in judicium deductae and rei judicatae. Wunder's note). The Justitium was proclaimed
If the plaintiff swore, he had an actio in factum (edicere, indicere) by the senate. and the magis(on the case) analogous to the actio judicati. The trates in times of public alarm and danger; and
reason of the jusjuranduna having this effect is after confidence and tranquillity had been restored,
explained (Dig. 44. tit. 5. s. 1) to be, that a party the Justitium was removed (remsittee, exuere) by
to a cause makes his adversary the judex by pro- the same authorities. (Liv. vi. 7, ix. 7, x. 21;
posing to him to take the oath (deferendo ei jus- Plut. S ll. 8, 3li2'. 35.) As such timesof alarm
jurandulm). This jusjurandum which is proposed are usually accompanied with general sorrow, a
(delatum) in jure, is called necessarium, becausehe Justiltin came in course of time to be ordained as
to whom it is proposed cannot simply refuse it; a smark of public mourning, and under the empire
he must either take the oath, or, in his turn. pro- was only employed for this reason. Thus we find
pose (referre) that the proposer shall take it. it usually proclaimed on the death of an emperor
Simple refusal was equivalent to conressio (con- or of a member of the imperial family. It was
fessionis est nolle nec juiare nec jssjurandum re- observed in the provinces as well as at Rome, and
fre; Dig 12. tit. 2 s. 38). Inthe Edict (Dig. 12. during its continuance the soldiers were released
tit. 2. s. 34. ~ 6), the praetor says that he will from their ordinary military duties. (Tac. Ann. i.
colmlpel the person froen whom the oath is demanded 16, ii. 82; Suet. Tib. 52, Cal. 24, Galb. 10.)
to pay or- to take the oath. A pupillus, a procurator, JUVENA'LIA, or JUVENA'LES LUDI
or defensor, a Vestal, and a flanmen dialis could not ('IovGEeraAra brraEp u-Ma vcceAMIEKE6aTa), wvere
be compelled to swear (Gell. x. 15). scenic games instituted by Nero in A. D. 59, in
The jusjurandum in judicio (jusjurandum judi.- conmemoration of his shaving his beard for the
ciale) is required by the judex, and not by either first time, thus intimating that he had passed
of the parties, though either of the parties may from youth to manhood. Iye was then in the
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