Page:Black's Law Dictionary (Second Edition).djvu/687

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JUS JURANDI FORMA 679 JUS PATRONATUS  


the city of Rome, and afterwards extended to some of the colonies and provinces of the empire. consisting principally in the right to have a free constitution, to be exempt from the land tax, and to have the title to the land regarded as Quirltarian property. See Gibbon, Rom. Emp. c. xvii; Mackeid, Rom. Law, § 43.

Jan jurandi forma verbis differt, re convenit; hunc enim sensum habere debet: ut Deus invocetur. Grot. de Jur. B., l. 2. c. 13, § 10. The form of taking an oath differs in language, agrees in meaning; for it ought to have this sense: that the Deity is invoked.

JUS LATII. In Roman law. The right of Latium or of the Latins. The principal privilege of the Latins seems to have been the use of their own laws, and their not being subject to the edicts of the praetor, and that they had occasional access to the freedom of Rome, and a participation in her sacred rites. Butl. Hor. Jur. 41.

JUS LATIUM. In Roman law. A rule of law appicable to magistrates in Latium. It was either majus Latium or minus Latium— the majus Latium raising to the dignity of Roman citizen not only the magistrate himself, but also his wife and children; the minus Latium raising to that dignity only the magistrate hhnself. Brown.

JUS LEGITIMUM. A legal right. In the civil law. A right which was enforceable In the ordinary course of law. 2 Bl. Comm. 328.

JUS MAIIITI. The right of a husband; especiaily the right which a husband ac- quires to his wife's morabie estate by virtue of the marriage. 1 Forb. Inst pt. 1. p. 63.

JUS MEBUM. In old Engilsh law. Mere or lmre right; the mere right of property in lands, without either possession or even the right of possession. 2 Bl. Comm. 197; Bract. fol. 23.

JUS NATURE. The law of nature. Jrs NATUBALE.

See

JUS NATURALE. The natural law, or law of nature; law, or legal priuclples, supposed to be dlscoverubie by the iight of nature or nbstract reasoning, or to be taught by nature to all nations and men alike; or law supposed to govern men and peoples in a state of nature i. e.. in advance of organized governments or enacted laws. This conceit originated with the philosophicai jurists of Rome, and was gradually extended until the phrsse came to denote a supposed basis or substratum common to all s_V'sterus of positive law, uud hence to be found, in greater


or iess purity, in the laws of all nations. And, conversely, they held that if any rule or principle of law was observed in common by all peoples with whose systems they were acquainted, it must be a part of the ins natu- rale, or derived from it. Thus the phrases "ins naturals" and “jus gcntium" came to be used interchangeably.

Jun naturals est quad apud homlnel eandem habet potentiam. Natural right is that which has the same force among all mankind. 7 Coke, 12.

JUS NAVIGANDI. The right of navigating or naiigation; the right of commerce by ships or by sea. Locc. de Jure Mar. 11b. 1, C. 3.

JUS ITECIS. In Roman law. The right of death, or of putting to death. A right which a father anciently had over his chil- dren.

Jns non hnibenti trite non paretur. One who has no right cannot be safely obey- ed. Hob. 146.

Ins non pntitur nt idem his snlvnhlr. Law does not suffer that the same thing be twice pald.

JUS NON SCRIPTUM. The nnwrltten law. 1 Bl. Comm. 64.

J05 OFFERENDI. In Roman law, the right of sulJrug.ition_ that is, the right of succeeding to the lien and priority of an cider creditor on tendering or paying into court the amount due to him. See Mackeid. Rom. Law, § 355.

.1175 PAPIRIANUM. The civil law of Papirius. The titie of the eariiest colioc- lion of Roman la/cs curiatlr, said to have been made in the time of Tarquin, the last of the kings, by a fl01l1ifL’.T mmrimua of the name of Sextus or Publius Paplrlus. Very few fragments of this coiicction now remain, and the authenticity of these has been doubted. Mackeid. Rom. Law, 5 21.

JUS PASCENDI. In the civil and oid Engiish law. The right of nasturing cattle Inst 2, 3, 2; Bract. fols. 53D, 222.

JUS PATRONATUS. In English eccieslasticai law. The right of patronage: the right of presenting a cierk to a beuefice Blount.

A commission from the bishop, where two presentations are offered upon the same avoidance, directed usually to his cbanr,-elior and others of competent learning, who are to summon a jury of six ciergrnlen and six laymen to inquire into and examine who is the rightful patron. 3 BL Comm 2-16; 3 Steph. Comm. 517.

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