Ius
Two principal meanings of "Ius"
Ius/Jus (Latin "law", "justice", "right") in ancient Roman law, has two principal meanings (cf Fench "droit," German "Recht," English "right"):
- 1. "Law" in the abstract.
- A) ... as distinguished from any specific enactment, the domain of learning, or any personified factor in human history/conduct/social development. Often contrasted with lex or leges, which are the laws. Ius is the law in its broadest sense or its ideal state, above and unaffected by the contingent decrees that the state happens to enact, the leges -- hence the distinction between the English terms “justice” and “legislation.” This division persisted into various regimes not only of civil law regime, and even in the law of the United States, as in the Fourteenth Amendment of the United States Constitution, which distinguishes “due process of law” (singular, as in ius) from “equal protection of the laws” (plural, as in leges).
- B) ... the law taken as a system, an aggregate, a whole -- "the sum total of a number of individual laws taken together."
- C) ... some one particular system or body of particular laws ; as in the phrases "jus civile," "jus gentium," "jus prœtorium."
- 2. "A right."
- A) a power, privilege, faculty, or demand inherent in one person and incident upon another
- B) a capacity residing in one person of controlling, with the assent and assistance of the state, the actions of another -- as in the expressions "jus in rem," "jus accrescendi," "jus possessionis."
"Objective" v. "Subjective"
Contemporary continental jurists of the civil law have sought to avoid this ambiguity by calling its first signification "objective" and the second "subjective." Thus Mackeldey (Rom. Law, § 2) says: "The laws of the first kind [compulsory or positive laws] form law [jus] in its objective sense, [jus est norma agendi - law is a rule of conduct.] [By contrast,] The possibility resulting from law in this sense to do or require another to do is law in its subjective sense, [jus est facultas agendi, law is a license to act.] The voluntary action of man in conformity with the precepts of law is called 'justice,' [justitia.]"
Minor meanings
- 3. An action. Bract, fol. 3. Or, rather, those proceedings in the Roman action which were conducted before the prœtor.
- 4. Power or authority. Sui juris In one's own power; independent. Inst. 1, 8, pr.; Bract, fol. 3. Alieni juris, under another's power. Inst. 1, 8, pr.
- 5. The profession (ars) or practice of the law. Jus ponitur pro ipsa arte. Bract fol. 2b.
- 6. A court or judicial tribunal, (locus in quo redditur jus.) Id. fol. 3.
Compounds
- ius abutendi: The right to abuse. By this phrase is understood the right to do exactly as one likes with property, or having full dominion over property. 3 Touiller, no. 8C. One of the attributes of dominium, or ownership, usually conceived of as the right or power to consume a thing owned, if capable of being consumed. It may illustrate the sense of dominium corresponding to liberty in the sense of immunity from interference by others under the law, as opposed to a power or right. (112)
- Jus abstinendi - The right of renunciation ; the right of an heir, under the Roman law, to renounce or decline the inheritance, as, for example, where his acceptance, in consequence of the necessity of paying the debts, would make it a burden to him. See Mackeld. Rom. Law, § 733.
- jus accrescendi - The right of survivorship.
- Jus ad rem - a term of the civil law, meaning "a right to a thing" -- distinguished from jus in re which is a complete and absolute dominion over a thing available against all persons.
- jus aedilium/ius aedilium
- Jus Aelianum: A body of laws drawn up by Sextus Aelius, and consisting of three parts, wherein were explained, respectively: (1) The laws of the Twelve Tables; (2) the interpretation of and decisions upon such laws; and (3) the forms of procedure. In date, it was subsequent to the Ius Flavianum.
- Jus aesneciae: The right of primogeniture.
- jus albanagii: The right of confiscation of property of an alien, cf droit d'aubaine (ius Albinatus).
- Jus Albinatus: In old French law. The droit d'aubaine in France, whereby the king, at an alien's death, was entitled to all his property, unless he had peculiar exemption. Repealed by the French laws In June, 1791. cf:
- Albanagium -- in old French law. The state of alienage; of being a foreigner or alien.
- Albanus -- in old French law. A stranger, alien, or foreigner.
- Albinatus -- in old French law. The state or condition of an alien or foreigner.
- ius angariae - The right of angary, i.e. in international law, the right of a belligerent to seize neutral ships in its territory and use them for transportation, should the need arise. Also, the right of a belligerent to seize, use, or destroy property of neutral states located temporarily in its territory or that of the enemy.
- Jus anglorum. The laws and customs of the West Saxons, in the time of the Heptarchy, by which the people were for a long time governed, and which were preferred before all others. Wharton.
- Jus aquaeductus: In the civil law, the name of a servitude which gives to the owner of land the right to bring down water through or from the land of another.
- Jus Banci. In old English law, the right of bench - the right or privilege of having an elevated and separate seat of judgement, anciently allowed only to the king's judges, who hence were said to administer high justice, (summmam administrant justitiam.) Blount.
- Jus belli. The law of war - the law of nations as applied to a state of war, defining in particular the rights and duties of the belligerent powers themselves, and of neutral nations.
The right of war; that which may be done without injustice with regard to an enemy. Grotius de Jure Belli, lib. 1. c. 1. section 3.
- jus bellum dicendi: the right of proclaiming war.
- Jus canonicum: the Canon law.
- ius civile: In Roman law, the laws resulting from statutes and decrees governing the citizenry, as elaborated by the commentators of Roman law. According to the distinction employed by Gaius, the ius civile is the law applied only to Roman citizens; foreigners or between Romans and foreigners were governed by the ius gentium.
- Jus civile: Civil law. The system of law peculiar to one state or people. Inst 1, 2, 1. Particularly, in Roman law, the civil law of the Roman people, as distinguished from the jus gentium. The term is also applied to the body of law called, emphatically, the "civil law."
- The jus civile and the jus gentium are distinguished in this way. All people ruled by statutes and customs use a law partly peculiar to themselves, partly сошшоп to all men. The law each people has settled for itself is peculiar to the state itself, and is called jus civile, as being peculiar to that very state. The law, again, that natural reason has settled among all men—the law that is guarded among all peoples quite alike—is called the jus gentium, and all nations use it as if law. The Roman people, therefore, use a law that is partly peculiar to itself, partly common to all men. Hunter, Rom. Law, 38.\
- But this is not the only, or even the general, use of the words. What the Roman jurists had chiefly in view, when they spoke of jus civile, was not local as opposed to cosmopolitan law, but the old law of the city as contrasted with the newer law introduced by the praetor, (jus prœtorium, jus honorarium.) Largely, no doubt, the jus gentium corresponds with the jus honorarium: but the correspondence is not perfect. Id. 39.
- Jus civile est quod sibi populus oonstituit. The civil law is what a people establishes for itself. Inst. 1, 2, 1; Jackson v. Jackson, 1 Johns. (N.Y.) 424, 426.
- Ius civitatus: The right of citizenship; the freedom of the city of Rome. It differs from jus quiritium, which comprehended all the privileges of a free native of Rome. The difference is much the same as between "denization" and "naturalization". Wharton.
- Jus cloacae. In the civil law, the right of swerage or drainage. An easement consisting in the right of having a swer, or conducint surface water, through the house or over the ground of one's neighbor. Macheld. Rom. Law, Section 317.
- Ius commune. In the civil law, Common right; the common and natural rule of right, as opposed to jus singulare. Mackeld. Rom. Law, Section 196.
- In English law: the common law, answering to the Saxon folcright, 1. Bl. Comm. 67.
- Jus constitui oportet in his quae ut plurimum accidunt non quae ex inopinato. Laws ought to be made with a view to those cases which happen most frequently, and not to those which heppen most frequently, and not to those which are of rare or accidental occurrence. Dig. 1, 3, 3; Broom, Max. 43.
- Jus coronae. In English law. The right of the crown, or to the crown; the right of succession to the throne. 1 Bl. Comm. 191; 2 Steph. Comm. 434.
- Jus cudendae monetae. In old English law, the right of coining money. 2 How. State Tr. 118.
- Jus curialitatis. In English law, the right of curtesy. Spelman.
- Jus dare. To give or to make the law; the frunction and prerogative of the legilsative department.
- Jus deliberandi. In the civil law. The right of deliberating. A term granted by the proper officer at the request of him who is called to the inheritance, (the heir,) within which he has the right to investigate its condition and to consider whether he will accept or reject it. Mackeld. Rom. Law, § 742; Civ. Code La. art. 1028.
- Jus descendit, et non terra. A right descends, not the land. Co. Litt, 345.
- Jus devolutum. The right of the church of presenting a minister to a vacant parish, in case the patron shall neglect to exercise his right within the time limited by law.
- Jus dicere. To declare the law; to say what the law is. The province of a court or judge. 2 Eden, 29; 3 P. Wins. 485.
- Jus disponendi. The right of disposing (of a thing owned) -- an attribute of dominium, or ownership.
- Jus dividendi. The right of disposing of realty by will. Du Cange.
- Jus duplicatum. A double right; the right of possession united with the right of property; otherwise called "droit-droit." 2 Bl. Comm. 199.
- ius edicendi - The right enjoyd by curule magistrates (i.e., aediles, praetors, quastors and governors of provinces) to make edicts respecting their sphere of jurisdiction ("ius edicere").
- Jus est ars boni et aequi. Law is the science of what is good and Just. Dig. 1, 1, 1, 1; Bract, fol. 2b.
- Jus est norma recti; et quicquid est contra normam recti est injuria. Law is a rule of right; and whatever is contrary to the rule of right is an injury. 3 Bulst. 313.
- Jus et fraus numquam cohabitant. Right and fraud never dwell together. 10 Coke, 45a. Applied to the title of a statute. Id. ; Best, Ev. p. 250, Section 205.
- Jus et injuria non oritur. A right does (or can) not rise out of a wrong. Broom, Max. 738. note; 4 Bing. 639.
- Jus Falcani. In old English law. The right of mowing or cutting. Fleta, lib. 4, c. 27, § 1.
- Jus feciale. In Roman law. The law of arms, or of heralds. A rudimentary species of international law founded on the rights and religious ceremonies of different peoples.
- Jus fiduciarium. In the civil law, a right in trust; as distinguished from jus legitimum, a legal right. 2 Bl. Comm. 328.
- Jus Flavianum. In old Roman law, a body of laws drawn up by Cneius Flavius, a clerk of Appius Claudius, from the materials to which he had access. It was a popularization of the laws. Mackeld. Rom. Law §39.
- Jus fluminum. In the civil law, the right to the use of rivers. Loce. de Jure Mar. lib. 1, c, 6.
- Jus fodiendi. In the civil and old English law, a right of digging on another's land. Inst. 2, 3, 2; Bract. fol. 222.
- Ius fruendi. Another attribute of dominium, or ownership: the right or power to reap fruits or profits, as by harvesting crops or taking rents from the property.
- Jus futurum: In the civil law. A future right; an inchoate, incipient, or expectant right, not yet fully vested. It may be either jus delatum, when the subsequent acquisition or vesting of it depends merely on the will of the person in whom it is to vest, or jus nondum delatum, when it depends on the future occurrence of other circumstances or conditions. Mackeld. Rom. Law, § 191.
- Jus gentium: The law of nations. That law which natural reason has established among all men Is equally observed among all nations, and is called the law of nations," as being the law which all nations use. Inst 1, 2, 1; Dig. 1, 1, 9; 1 Bl. Comm. 43; 1 Kent, Comm. 7; Mackeld. Rom. Law, § 125.
- Although this phrase had a meaning in the Roman law which may be rendered by our expression "law of nations," it must not be understood as equivalent to what we now call "international law," its scope being much wider. It was originally a system of law, or more properly equity, gathered by the early Roman lawyers and magistrates from the common ingredients in the customs of the old Italian tribes.—those being the nations, gentes, whom they had opportunities of observing,—to be used in cases where the jus civile did not apply; that is, in cases between foreigners or between a Roman citizen, and a foreigner. The principle upon which they proceeded was that any rule of law which was common to all the nations they knew of must be intrinsically consonant to right reason, and therefore fundamentally valid and just. From this it was an easy transition to the converse principle, viz., that any rule which instinctively commended itself to their sense of justice and reason must be a part of the jus gentium. And so the latter term came eventually to be about synonymous with "equity" (as the Romans understood it.) or the system of praetorian law.
- Modern jurists frequently employ the term ius gentium privatum to denote private international law, or that subject which is otherwise styled the "conflict of laws"; and ius gentium publicum for public international law, or the system of rules governing the intercourse of nations with each other as persons.
- Ius gentium. In early Roman law, the law followed by all peoples, closely akin to the ius naturale. From this universal sense, used more specifically to describe the international law that governed Rome’s relationship with other states. Following the works of Gaius, the term was employed more narrowly to represent the law that applied among, foreigners, and among Romans and foreigners. Foreigners, and the legal relations of Romans with them, were governed by the ius gentium.
- ius gladii: The right of the sword; the executory power of the law; the right, power, or prerogative of punishing for crime. 4 Bl. Comm. 177.
- ius habendi: The right to have a thing. The right to be put in actual possession of property. Lewin, Trusts, 585.
- ius habendi et retinendi. A right to have and to retain the profits, tithes, and offerings, etc., of a rectory or parsonage.
- ius haereditatis - The right of inheritance.
- ius hauriendi - In the civil and old English law. The right of drawing water. Fleta, lib. 4, c. 27, 5 1.
- ius honorarium - The body of Roman law, which was made up of edicts of the supreme magistrates, particularly the praetors.
- ius imaginis - In Roman law. The right to use or display pictures or statutes of ancestors; somewhat analogous to-the right, in English law, to bear a coat of arms.
- ius immunitatis - In the civil law. The law of immunity or exemption from the burden of public office. Dig. 50, 6.
- ius in personam - A right against a person; a right which gives its possessor a power to oblige another person to give or procure, to do or not to do, something.
- ius in re - "a right in a thing" -- contrast jus ad rem.
- Jus in re propria, denoting full ownership; distinguished from jus in re aliena, a mere easement
- ius in re inhaerit ossibus usufructarii. A right in the thing cleaves to the person of the usufructuary.
- ius incognitum. An unknown law. This term is applied by the civilians to obsolete laws. Bowyer, Mod. Civil Law. 33.
- ius individuum. An individual or Indivisible right; a right incapable of division. 36 Eng. Law & Eq. 25.
- ius italicum. A term of the Roman law descriptive of the aggregate of rights, privileges, and franchises possessed by the cities and inhabitants of Italy, outside of 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 Quiritian property. See Gibbon, Rom. Emp. c. xvii ; Mackeld. Rom. Law, § 43.
- [[Jus jurandi forma verbii differt, re convenit; hunc enim sensum habere debet: ut Deus invecetur. Grot, de Jur. В., 1. 2, e. 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.
- ius 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. Нor. Jur. 41.
- ius Latium - a rule of law applicable to magistrates in Latium.
- ius legitimum - A legal right In the civil law. A right which was enforceable In the ordinary course of law. 2 Bl. Comm. 328.
- ius mariti - The right of a husband; especially the right which a husband acquires to his wife's movable estate by virtue of the marriage. 1 Forb. Inst. pt. 1, p. 63.
- ius merum - In old English law. Mere or bare right; the mere right of property in lands, without either possession or even the right of possession. 2 Bl. Comm. 197; Bract fol. 23.
- Ius naturae. Literally, “the law of nature.” In Roman law, a near synonym for ius naturale -- a law that is supported by natural reason, and so a law that is, or ought to be, respected by the laws of all nations. Thus, the ius naturae was said to support the ius gentium in its universal sense. However, even this relationship is not always congruent: famously, in the introduction to Justinian’s Institutes, slavery is forbidden by nature but allowed by the ius gentium. Even so, there was the general sense, seized on increasingly from Roman writings throughout the Renaissance and early modern age, that civil law was to reflect the obligations of natural law, especially when natural law required freedom.
- ius naturale - The natural law, or law of nature; law or legal principles, supposed to be discoverable by the light of nature or abstract 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 philosophical Jurists of Rome, and was gradually extended until the phrase came to denote a supposed basis or substratum common to all systems of positive law, and hence to be found, in greater or less 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 ius naturale, or derived from it. Thus the phrases "jus naturale" and "jus gentium" came to be used Interchangeably.
As the Roman jurist Ulpian said, “that which nature taught all animals.” For most writings of classical Roman law, synonymous with ius naturae. From the writings of Paul, however, the term ius naturale acquired the sense of an ideal of law, quod semper est bonum et aequum -- that which is always fair and just. This sense is followed in the Thomist conceptions of natural law, or lex naturalis.
- ius naturale est quod apud homines eandem habet potentiam. Natural right is that which has the same force among all mankind. 7 Coke, 12.
- ius navigandi - The right of navigating or navigation; the right of commerce by ships or by sea. Locc. de Jure Mar. lib. 1, c. 3.
- ius necis - In Roman law. The right of death, or of putting to death. A right which a father anciently had over his children.
- Jus non habenti tute non paretur. One who has no right cannot be safely obeyed. Hob. 146.
- Jus non patitur ut Idem bis solvatur. Law does not suffer that the same thing be twice paid.
- ius non scriptum - The unwritten law. 1 Bl. Comm. 64. .
- ius offerendi - In Roman law, the right of subrogation, that is, the right of succeeding to the lieu and priority of an elder creditor on tendering or paying into court the amount due to him. See Mackeld. Rom. Law, § 355.
- ius papirianum - The civil law of Papirius. The title of the earliest collection of Roman leges curiatae, said to have been made in the time of Tarquin, the last of the kings, by a pontifix maximus of the name of Sextus or Publius Papirius. Very few fragments of this collection now remain, and the authenticity of these has been doubted. Mackeld. Rom. Law, § 21.
- ius pascendi In the civil and old English law. The right of pasturing cattle. Inst. 2, 3, 2; Bract, fols. 53&, 222.
- ius patronatus - In English ecclesiastical law. The right of patronage; the right of presenting a clerk to a benefice. Blount.
- A commission from the bishop, where two presentations are offered upon the same avoidance, directed usually to his chancellor and others of competent learning, who are to summon a jury of six clergymen and six laymen to inquire into and examine who is the rightful patron. 3 Bl. Сomm. 246; 3 Steph. Comm. 517.
- ius personarum - rights of persons. Those rights which, in the civil law, belong to persons as such, or in their different characters and relation; as parents and children, masters and servants, etc.
- ius poenitendi - In Roman law, the right of rescission or revocation of an executory contract on failure of the other party to fulfill his part of the agreement. See Mackeld. Rom. Law, § 444.
- ius portus - In maritime law. The right of port or harbor.
- ius possessionis - The right of possession.
- Ius possidendi. One of the attributes of dominium, or ownership: the right or power to possess the property.
- ius postliminii - In the civil law. The right of postliminy, i.e. the right or claim of a person who had been restored to the possession of a thing, or to a former condition, to be considered as though he had never been deprived of it Dig. 49, 15, 5 ; 3 Bl. Conim. 107, 210.
- -In International law. The right by which property taken by an enemy, and recaptured or rescued from him by the fellow- subjects or allies of the original owner, is restored to the latter upon certain terms. 1 Kent, Cornm. 108.
- ius praesens - In the civil law. A present or vested right ; a right already completely acquired. Mackeld. Rom. Law, §191.
- ius praetorium - In the civil law. The discretion of the prietor, as distinct from the leges, or standing laws. 3 Bl. Comm. 49. That kind of law which the praetors introduced for the purpose of aiding, supplying, or correcting the civil law for the public benefit. Dig. 1, 1, 7. Called, also, jus honorarium.
- ius precarium - In the Civil law. A right to a thing held for another, for which there was no remedy by legal action, but only by entreaty or request. 2 Bl. Comm. 328.
- ius presentationis - The right Of presentation.
- ius privatum - Private law; the law regulating the rights, conduct, and affairs of individuals, as distinguished from "public" law, which relates to the constitution and functions of government and the administration of criminal justice. See Mackeld. Rom. Law. 124. Also private ownership, or the right, title, or dominion of a private owner, as distinguished from ius publicum, which denotes public ownership, or the ownership of property by the government, either as a matter of territorial sovereignty or in trust for the benefit and advantage of the general public. In this sense, a state may have a double right in given property, e.g., lands covered by navigable waters within its boundaries, including both ius publicum, a sovereign or political title, and ius privatum, a proprietary ownership. See Oakland v. Oakland Water Front Co., 118 Cal. 160, 50 Pac. 277.
- Ius prohibendi. An attributes of dominium, or ownership: the right or power to prohibit others from using the property, whether by possession alone or by growing or harvesting crops or using or taking rents from the property.
- ius projiciendi - In the civil law. The name of a servitude which consists in the right to build a projection, such as a balcony or gallery, from one's house in the open space belonging to one's neighbor, but without resting on his house. Dig. 50, 10, 242; Id. 8, 2, 2; Mackeld. Rom. Law, § 317.
- ius proprietatis - The right of property, as distinguished from the ius possessionis, or right of possession. Bract, fol. 3. Called by Bracton "jus merum," the mere right Id.; 2 Bl. Comm. 197; 3 Bl. Comm. 19, 176.
- ius protegendi - In the Civil law. The name of a servitude. It is a right by which a part of the roof or tiling of one house is made to extend over the adjoining house. Dig. 50, 16, 242, 1; Id. 8, 2, 2П; Id. 8, 5, 8, 5.
- ius publicum - Public law, or the law relating to the constitution and functions of government and its officers and the administration of criminal justice. Also public ownership, or the paramount or sovereign territorial right or title of the state or government. See Jus Privatum.
- Jus publicum et privatum quod ex naturalibus praeceptis aut gentium aut civilibus est collectum; et quod in jure scripto jus appellatur, id in lege Angliae rectum esse dicitur. Co. Litt. 185. Public and private law is that which is collected from natural principles, either of nations or in states; and that which in the civil law is called "ius," In the law of England is said to be "right."
- Jus publicum privatorum pactis mutari non potest. A public law or right cannot he altered by the agreements of private persons.
- ius quaesitum - A right to ask or recover; for example, in in obligation there is a binding of the obligor, and a jus quaesitum in the obligee. 1 Bell, Comm. 32:!.
- ius Quiritium - The old law of Rome, that was applicable originally to patricians only, and, under the Twelve Tables, to the entire Roman people, was so called. In contradistinction to the ius praetorium, or equity. Brown.
- ius quo universitatis utuntur est idem quod habent privati. The law which governs corporations is the same which governs Individuals. Foster v. Essex Bank, 16 Mass. 265, 8 Am. Dec. 135.
- ius recuperandi -- The right of recovering [lands.]
- ius relictae - In Scotch law. The right of a relict; the right or claim of a relict or widow to her share of her husband's estate, particularly the movables. 2 Kames, Eq. 340; 1 Forb. Inst. pt. 1, p. 67.
- ius representationis - The right of representing or standing in the place of another, or of being represented by another.
- ius rerum - The law of things. The law regulating the rights and powers of persons over things; how property is acquired, enjoyed, and transferred.
- Jus respicit aequitatem - Law regards equity. Co. Litt 24b; Broom, Max. 151.
- ius scriptum In Roman law. Written law. Inst. 1, 2, 3. All law that was actually committed to writing, whether it had originated by enactment or by custom, in contradistinction to such parts of the law of custom as were not committed to writing. Mackeld. Rom. Law, § 126.
- -In English law. Written law, or statute law, otherwise called "lex scripta," as distinguished from the common law, "lex non scripta." 1 Bl. Comm. 62.
- ius singulare In the civil law. A peculiar or individual rule, differing from the ius commune, or common rule of right, and established for some special reason. Mackeld. Rom. Law, §196.
- ius stapulae - In old European law. The law of staple: the right of staple. A right or privilege of certain towns of stopping imported merchandise, and compelling it to be offered for sale in their own markets. Locc. de Jure Mar. lib. 1, c. 10.
- ius strictum - "Strict law;" law interpreted without any modification, and in its utmost rigor.
- Jus superveniens auctori accrescit sueccessori. A right growing to a possessor accrues to the successor. Halk. Lat. Max. 76.
- ius tertii - The right of a third party. A tenant, bailee, etc., who pleads that the title is in some person other than his landlord, bailor, etc., Is said to set up a ius tertii.
- ius testamentorum pertinet ordinario. Y. B. 4 Hen. VII., 13b. The right of testaments belongs to the ordinary.
- ius tripertitum - In Roman law. A name applied to the Roman law of wills, in the time of Justinian, on account of its threefold derivation, viz., from the praetorian edict, from the civil law, and from the imperial constitutions. Maine, Anc. Law, 207.
- Jus triplex est,—proprietatis, possessionis, et possibilitatis. Right is threefold.—of property, of possession, and of possibility.
- ius trium liberorum - In Roman law. A right or privilege allowed to the parent of three or more children. 2 Kent Comm. 85; 2 Bl. Comm. 247. These privileges were an exemption from the trouble of guardianship, priority in bearing offices, and a treble proportion of corn. Adams, Rom. Ant. (Am. Ed.) 227,
- ius utendi - The right to use property without destroying its substance. Employed in contradistinction to ius abutendi.
- ius venandi et piscandi - The right of hunting and fishing.
- [[ius vendit quod usus approbavit. Ellesm. Postn. 35. The law dispenses what use has approved.
- jusjurandum - Lat. An oath. .
- jusjurandum inter alios factum nec nocere nec prodesse debet. An oath made between others ought neither to hurt nor profit. 4 Inst. 279.