sure to meet with universal reprobation, and would generally produce an acquittal of the prisoner, and a public impeachment of the judge. Nay, it is well known, that such is the jealousy of juries in this particular, that any undue interference or solicitude for conviction, exhibited on the part of a judge, would destroy his influence, and produce an opposite verdict. It is his supposed impartiality that gives weight to his opinion; and the jury know that they have a right to disregard it, if they please. 9. It is said, that juries may be influenced by improper motives, and sometimes disregard the law, and give a false verdict. This is possible, and, indeed, has probably sometimes happened. But the occasions are rare; and where there is a suspicion of that sort, it always injures the character of the jurymen, and subjects them to public scorn and odium. Generally, juries are scrupulous in respecting the law, because it is the only protection of their own rights. Where the law is very harsh, and the punishment is disproportioned to the of fence, they have sometimes exhibited a repugnancy to convict; but they rarely have acquitted the party, unless there were circumstances of great doubt, or of great mitigation; and if their conduct, in such cases, is not strictly justifiable, it is generally not such as produces any reproach, either from the court or the public. These occasions, however, are rare, and constitute exceptions of no great moment in the general administration of justice. 10. It is not true, as is sometimes supposed, that juries are ready to convict on slight proofs, or insufficient evidence. Our law declares, on the contrary, that in such cases they ought to acquit the party; and it is always laid down to the jury by the court. Indeed, the judges, in this respect, always act as counsel for the prisoners, and give their advice to the jury, in respect to every reasonable doubt in the evidence. There are so many checks upon juries, in cases of this sort, that it can scarcely happen, that an unjust conviction, at least by the improper bias of the jury, can take place. If there be any error, it is usually on the side of mercy. 11. It is objected, that the jury sometimes find the party guilty of a part, and not of the whole offence, as of manslaughter when he is accused of murder. Certainly the jury do so; and for the best reason, that the law requires it. A jury ought not to find a man guilty of the whole of a charge, unless it is wholly proved. If what is proved amounts to a crime of the

same nature, but of inferior enormity, or more mitigated than what is charged, they find their verdict according to the proofs, and the court inflict only the moderated punishment. And any other course would be flagrant injustice. But a jury cannot, upon a trial for one offence, find a man guilty of another offence, not of the nature of the one charged; for instance, upon a charge of murder, they cannot find him guilty of forgery; but if he is charged with stealing two watches, they may find him guilty of stealing one only. 12. It is also objected, that juries often favor criminals. But this is not generally true, except to the extent that the law favors them. There may be cases of a popular cast, or of an odious nature, where juries have occasionally shown improper biases for the accused; but this objection applies to all tribunals, and is founded on human infirmity generally. Juries do not, even in cases of this sort, often depart from their duty; and the exceptions are so few, that they are seldom felt or urged in free governments. 13. But an objection the most pressed by those who are not practically acquainted with the trial by jury, is, that unanimity is required in pronouncing a verdict of acquittal or condemnation. It is true, that no verdict can be received, which has not the assent of all the 12 jurors; and there are no means of compelling an assent; and yet, practically speaking, few cases of disagreement occur, except where there is a solid foundation for real doubts and difficulties. Unanimity is more common than, at first view, might be suspected. In the first place, the jury reason with each other upon all doubtful points, and if they at first differ, the differences are often removed by further discussion. Pride of opinion is not enlisted on either side, and sometimes each recedes from the first limits of his own opinion.

In the next place, the differences of opinion are more often upon inferences and conclusions from known facts than upon the facts themselves; and more often upon doubts as to the proper application of the law to those facts; and still more often upon mere collateral questions, where there is no common standard of measure, as in assessing damages. In criminal cases, fewer difficulties ordinarily arise than in civil cases, because doubts weigh favorably for the accused, and often produce an acquittal. But, after all, there is not probably one in twenty cases, tried by a jury, in which there is a final disagreement; and it is by no means sure, that a decision could be had more just or fair

by requiring a majority, or any other number, than by requiring unanimity. The jurors might then be equally divided, or the struggles of the minority to prevent a verdict might be equally violent. Most trials give rise to differences on several points; and, in such cases, the unanimity of a majority, in a general verdict, must be produced in the same manner as unanimity in the whole jury. But the best answer to the objection is, that experience is in favor of requiring unanimity of the whole jury. No practical evil has, as yet, been felt from the rule. And it is no small recommendation of it, that it gives a satisfaction and confidence to the public mind, in England and the U. States, that the decision of a mere majority could scarcely ever give. If unanimity is less easily obtained in France, that proves nothing as to the value of the principle elsewhere. The failure may be from the novelty of the trial in France, or from the habits and character of the people, or from the imperfect comprehension of the proper duties of the judges and the jury.-Most of the remarks above made refer especially to juries of trial in criminal cases; but they are, in a great degree, applicable to civil cases also. It remains only to add, that the other preliminary guards, interposed by the common law in criminal cases, are of inestimable value to every citizen. He cannot be accused, nor be brought to trial, unless upon an indictment found by a grand jury. He is thus saved from prosecutions founded in malice, hatred, political opposition, personal feeling and popular prejudice. The government cannot touch him; the people cannot make him the victim of their jealousy or suspicion. A grand jury of incorruptible and impartial men, who are his equals, must first accuse him, upon the hearing of legal proofs and sworn witnesses, before he can be called to answer for any offence. 12 men, good and true (probi et legales homines), must concur in the indictment; and 12 more must concur, upon his trial, in asserting his guilt, before he can be punished. When his guilt is ascertained, the punishment rests, not in the discretion of the king, or of the government, or any mere executive officer; it is to be declared by the judges, before whom he has been tried, or in the same court, according to laws previously passed, and regulating the nature and extent of the punishment. It is not too much, then, to affirm that the trial by jury is justly the boast of England and America; and we may hope that, by the goodness of Providence it may be perpetual.

JURY, GRAND. (See the preceding article.)

JURY-MAST; a temporary or occasional mast erected in a ship in the place of one that has been carried away by tempest, battle, &c. Jury-masts are sometimes erected in a new ship, to navigate her down a river, or to a neighboring port, where her proper masts are prepared for her.

Jus (Latin) signifies, 1. that which is right or conformable to law; also the obligation which the law imposes; 2. a body of laws, decrees and usages; 3. a man's privileges, singly or collectively; 4. the place where justice is administered; 5. the power which originates from the law. Hence the word is of very frequent use in law.-Jus divinum is that which is ordered by a revelation, in contradistinction to that which is ordered by reason; but as the right must be one and the same, it is evident that the distinction exists only in the form, and not in the essence, because that which is ordered by our reason is to be referred to God, as its origin, equally with that which is decreed by revelation. A law may have both a human and a divine origin; for instance, "Thou shalt not kill." This rule may be adopted because it is ordered in the decalogue, or because it is the dictate of reason, and is established by most nations, unacquainted with the decalogue. The division, however, is rather antiquated, and the philosophical lawyer will refer all law to a common origin. (See Thomasius, De Jure Div.)-Jus Italicum signified the lowest degree of privileges enjoyed by cities under the Romans.

Jus Latii, or jus Latinum, denoted the privileges granted by the Romans to the inhabitants of Latium, according to the various significations of the word. (See Latium.) It held a rank between the jus Italicum and the jus Romanum.-Jus Quiritium (civitas optima lege, optimo jure); the fullest enjoyment of Roman citizenship, the privilege and obligations of Roman freeborn citizens, including, in the flourishing times of the commonwealth, 1. public privileges libertas (security of personal liberty), militia (participation in the service of the legions), census (registration on the list of property: see Census), jus tribus (the incorporation in a tribe), jus suffragiorum (the jus Quiritium in a narrower sense, the right of suffrage), jus honorum (participation in public honors), jus sacrorum (participation in religious celebrations, sacra publica and privata); 2. private privileges jus gentilitatis et agnationis (the privilege of fami

ly and clan; e. g. successio and tutela agnatorum), jus legitimi dominii (the privilege of lawful property), jus connubiorum (privilege of lawful marriage), jus patrium (unlimited power over the persons and property of real or adopted children). Heineccius and others mention only two jura Quiri., and, besides them, jus civitatis or civitas Romana. Conradi (De Jure Quir. a Civitate Romana non diverso, Helmstædt, 1742, 4to.) is of a different opinion. Still different is the opinion of Cramer (De Juris Quiri. et Civitatis Discrimine, Kiel, 1803, 4to.). At all events, the jus civitatis was of a more limited character than the jus Quiritium. Thus newly admitted citizens received it.

JUSSIEU, Antony and Bernard, de; two brothers, born at Lyons, in the latter part of the seventeenth century, eminent as physicians and botanists.-Antony made a botanical tour, and brought from Spain a large collection of plants. After this, he wrote upon subjects connected with natural history and medicine, and died in 1758, in the 72d year of his age, much lamented, on account of his philanthropy.-Bernard, born in 1699, was appointed professor of botany in the royal botanical garden. We are indebted to him for a new edition, in two volumes, 12mo., of Tournefort's History of Plants in the Neighborhood of Paris (Histoire des Plantes qui naissent aux Environs de Paris), published in 1725. Jussieu's scholars used to bring him flowers which they had mutilated or compounded with others, for the purpose of testing his knowledge, and he always recognised them immediately. Some of them having made the same experiment on Linnæus, he said, “God or your teacher (Jussieu) can alone answer your questions." Jussieu, after having been a long time employed upon a systematic division of the vegetable kingdom, died in 1777, aged 79. Cuvier, in a biographical memoir on Richard, calls Bernard de Jussieu "the most modest, and, perhaps, the most profound botanist of the eighteenth century, who, although he scarcely published any thing, is, nevertheless, the inspiring genius of modern botanists."-Antony Laurence Jussieu, nephew of Bernard, born at Lyons, in 1748, physician, member of the academy of sciences at Paris, and of the royal medical school, made a report, in 1804, on the results of captain Baudin's voyage to New Holland. In the anatomy of plants, he has distinguished himself by having made known the discovery of a

substance enclosed in the kernel, called by him perisperma.

JUSTICE OF THE PEACE. The word justice is applied to judicial magistrates; as justices of such a court, and, in the English laws, justices of the forest, hundred, of the laborers, &c.; and hence the appellation justice of the peace—that is, a judicial magistrate intrusted with the conservation of the peace. A great part of the civil officers are, in fact, the conservators of the peace, as their duty is to prevent or punish breaches of the peace. Thus the judges, grand-jurymen, justices of the peace, mayors and aldermen of municipal corporations, sheriffs, coroners, constables, watchmen, and all officers of the police, are instituted for the purpose of preventing, in different ways, crimes and disturbances of the peace of the community, or for arresting, trying and punishing the violators of the laws and good order of society. In England and the U. States, the justice of the peace, though not high in rank, is an officer of great importance, as the first judicial proceedings are had before him in regard to arresting persons accused of grave offences; and his jurisdiction extends to trial and adjudication for small offences. In case of the commission of a crime or a breach of the peace, a complaint is made to one of these inagistrates. If he is satisfied with the evidence of a commission of some offence, the cognizance of which belongs to him, either for the purpose of arresting, or for trying the party accused, he issues a warrant directed to a constable, or other executive officer designated by the law for this purpose, ordering the person complained of to be brought before him, and he thereupon tries the party, if the offence be within his jurisdiction, and acquits him or awards punishment. If the offence charged be of a graver character, the adjudication upon which is not within the justice's jurisdiction, the question then is, whether the party complained of is to be imprisoned, or required to give bonds to await his trial before the tribunal having jurisdiction, or is to be discharged; and on these questions the justice decides according to his view of the law and the facts. In England, there are some officers, as the master of the rolls, some municipal authorities, &c., who are justices of the peace by prescription, in virtue of their other office; but, in general, the appointment is by commission; and, in England, when a new commission issues to justices in a certain county, this supersedes former commissions for the same county, of

course. In the U. States, the office is held only by special appointment, and the tenure is different in different states, the office having been held, in one state at least, during good behavior; but the commission is more usually for seven years, or some other specific limited period. These magistrates have usually also a civil jurisdiction of suits for debts, on promises, or for trespasses (where the title to real estate does not come in question, and with some other exceptions), to an amount varying, in the different states, from $13.33 to $100. In some states, a party may appeal from the decision of the justice to a higher tribunal, whatever may be the amount in question, in a civil suit, and whatever may be the judgment. In other states, no appeal is allowed, except in case of an amount in question exceeding four dollars, or some other certain, but always inconsiderable sum. So an appeal is usually allowed to the accused party in a criminal prosecution before a justice of the peace, in case of the judgment being for a penalty over a certain specified and small amount, or an imprisonment over a certain number of days. It is evidently of the greatest importance to the peace and good order of a community, that the justices should be discreet, honest and intelligent. (For the French justices, see Peace, Justices of the.) JUSTIN, surnamed the Martyr; one of the earliest and most learned writers of the Christian church. He was the son of Priscus, a Greek, and was born at Flavia Neapolis, anciently called Sichem, a city of Samaria, in Palestine, towards the close of the first century. He was educated in the pagan religion, and, after studying in Egypt, became a Platonist, until, in the year 132, he was led, by the instructions of a zealous and able Christian, to embrace the religion of the gospel. He subsequently went to Rome, in the beginning of the reign of Antoninus Pius, and drew up his first Apology for the Christians, then under a severe persecution, in which he shows the cruelty and injustice of the proceedings against them. He was also equally zealous in opposing alleged heretics, and particularly Marcion, against whom he wrote and published a book. He not long after visited the East, and, at Ephesus, had a conference with Trypho, a learned Jew, to prove that Jesus was the Messiah, an account of which conference he gives in his Dialogue with Trypho. On his return to Rome, he had frequent disputes with Crescens, a Cynic philosopher, in

consequence of whose calumnies, he published his second Apology, which seems to have been presented to the emperor Marcus Aurelius, in 162. Crescens preferred against him a formal charge of impiety for neglecting the pagan rites, and he was condemned to be scourged, and then beheaded, which sentence was put into execution, in 164, in the 74th or 75th year of his age. Justin Martyr is spoken of in high terms of praise by the ancient Christian writers, and was certainly, a zealous and able advocate of Christianity, but mixed up too much of his early Platonism with its doctrines. The best editions of his works are those of Maran (Paris, 1742, folio), and of Oberthur (Würtzburg, 1777, 3 vols., 8vo.).

JUSTIN; a Latin historian, who probably lived at Rome, in the second or third century. He made an epitome of the history of Trogus Pompeius, a native of Gaul, who lived in the time of Augustus, and whose works, in 44 books, contain a history of the world, from the earliest ages to his own time. His history of Macedonia was particularly complete. To judge from the epitome (for the original is lost), there were many errors in the work, especially in the Jewish history; but this epitome, which corresponds to the original in its title and arrangement, having compressed into a brief space so much of the important matter of the old histories, has obtained a considerable reputation, and even now is often used in schools. The style is, on the whole, elegant and agreeable, but it is destitute of that noble simplicity and classical correctness which distinguish the work of a master. The best editions are those of Grævius (variorum), Hearne (Oxford, 1705), Fischer (Leipsic, 1757), and Wetzel (Leignitz, 1806). (See Heeren, De Trogi P. Fontibus, in Comm. Soc. Gott. xv.)

JUSTINIAN I, surnamed the Great, nephew of Justin I, emperor of the East, celebrated as a lawgiver, was born in 483, of an obscure family. He shared the fortunes of his uncle, who, from a common Thracian peasant, was raised to the imperial throne. While consul (521), he exhibited splendid games to the people. He likewise flattered the senate, and sought their favor; in consequence of which that body conferred on him the title of nobilissimus. His uncle, infirm from age, and suffering from a wound, admitted him to a share of his power. Yet it was not till after his death, about August 1, 527, that Justinian was pro

claimed emperor. He now married Theodora, whom he raised from the condition of an actress and a public prostitute to the throne of the Cæsars. She acquired an absolute mastery over her husband. Under his reign, the parties of the circus contended with great animosity, and, under the names of the Greens and the Blues, occasioned many bloody scenes in Constantinople. The violent means which Justinian used to quell the tumult only served to increase it, and a conflagration, which broke out in consequence, laid the greatest part of Constantinople, and his own most beautiful buildings, in ashes. Justinian's own life was in peril. After the turbulence of these parties was extinguished by streams of blood, and a multitude of executions, Justinian finished the war with the Isaurians, and his general, Belisarius, in 523 and 529, obtained three glorious victories over the Persians. This great general destroyed, in 534, the empire of the Vandals in Africa, and carried Gelimer, their king, a prisoner to Constantinople. Spain and Sicily were reconquered, and the Ostrogoths, who possessed Italy, were vanquished. In 536, Belisarius made his entry into Rome, and the eunuch Narses, another of Justinian's generals, in 553, put an end to the dominion of the Ostrogoths in Italy. These successes restored to the Roman empire a part of its former vast possessions. Justinian now turned his attention to the laws. He commissioned 10 learned civilians to form a new code from his own laws and those of his predecessors. To this code Justinian added the Pandects, the Institutes and Novels. These compilations have since been called, collectively, the body of civil law (corpus juris civilis). (See Corpus Juris, and Tribonianus.) Justinian was also intent upon building new cities, and upon fortifying others, and adorning them with new edifices; but he was particularly desirous of establishing peace in religious matters. Amongst other churches, he rebuilt that of St. Sophia at Constantinople, which had been burnt in the quarrel of the Greens and Blues. It is esteemed a masterpiece of architecture. The altar in it was made entirely of gold and silver, and adorned with a vast number and variety of precious stones. This church, a part of which is now standing, and is used by the Turks as a mosque, was so magnificent, that Justinian, when, on the day of its dedication, he beheld it for the first time, in its full splendor, cried out for joy, "To God alone be the glory!

He

I have outdone thee, Solomon!" But it was his unhappy fortune, as it was that of the Jewish king, to outlive himself. Towards the end of his life, he became avaricious, without losing his love of splendor, suspicious and cruel. He oppressed the people with taxes, and lent a willing ear to every accusation. (For his treatment of Belisarius, see Belisarius.) suffered his own servants to commit the most flagrant crimes unpunished. He died in 565, in the 83d year of his age, after a reign of 38 years. His love of the monks, of saints, and of theological questions, did not protect him from the censure of the divines, who esteemed him a heretic. Much that was great and glorious was accomplished during his reign, but he had little share in it.

JUSTITIA (justice) ; called, by the Greeks, Astræa, Themis, Dike. With the Romans, this goddess was an abstract rather than a personal deity. She is frequently represented upon coins as a maiden, with a fillet or a diadem; sometimes with a sword and scales; sometimes with a cup in one hand and a sceptre in the other.

JUTLAND; a province in Denmark, bounded on all sides by the sea, except towards the south, where it is bounded by Sleswick. It is about 180 miles in length, and from 70 to 90 in breadth, and, of all the territories belonging to Denmark Proper, is the largest, and yields the greatest revenue. Square miles, 9500; population, 440,000. It is divided into four bishoprics-Aalborg, Wiborg, Aarhuus and Ripen. The country is indented by bays and inlets, but has few rivers, and none large. The north coast is an immense range of sand-banks, dangerous to navigation. The country is generally low, having no mountains. On the east coast there are extensive forests of oak, fir, birch, &c.; on the west are hardly any species of trees but alder and willow. The kind of grain most cultivated is rye, great quantities of which are exported to Norway. The pastures are extensive and rich; horses and cattle numerous. Iron, marble and limestone are found; also excellent turf. Most of the inhabitants speak Danish; the gentry also German. The religion is Lutheran. Agriculture and education are in rather a backward state. (See Denmark.)

The Peninsula of Jutland, anciently called Cimbrica, or Chersonesus Cimbrica, includes both the province of Jutland and the duchy of Sleswick in the south.

JUVENAL. Decimus Junius Juvenalis, a