Page:Cyclopaedia, Chambers - Volume 2.djvu/57

 JU

JURY-MAST: fo the Seamen call whatever they let up in the room of a Maft, loll in a Fight or by a Storm, with which rhey make Jhift to fail, inttead of the Mart which they have loft.

JUS CORONJE, the Rights of 'the Crown* is part of the X<aw of England^ which differs in many things from the general Law concerning the Subject. Coke on Lin,

JUS PATRON Al US, in Law, is the Right of pre- ferring a Clerk to a Benefice.

JUS and JURA, fee Law, Right.

JUST, a Combat on Horfeback, Man againft Man, arm'd with Lances. Anciently, Jtifts and Tournaments made a part of the Entertainment at all folemn Feafts and Rejoicings. The Spaniards borrowed thefe Exercifes from the Moors, and call them the Cane-Play. This is the fame with the Ltidus Trojanus antiently pracfifed by the Youth of Rome. The Turks ufe it ftill, and call it lancing the Gerid. The difference between Jufts and Tour- naments confifts in this, That the latter is the Genus, of which the former is the Species. Tournaments were all Icinds of Military Races and Engagements, made out of Gallantry and Diverfion. Jufts were fuch particular Com- fcats where Parties were near each other, and engaged with Lance and Sword : The Tournament was frequently performed by a Number of Cavaliers, who fought in a jBody. The Juft was a fingle Combat of one Man againft another : Though the Jujts were ufually made in a Tour- nament, after the general Rencounter of all the Cavaliers, yet they were fometimes fingly, and independent of any Tournament. He who appear'd for the firft time at a 3)f-'?, forfeited his Helm or Cafque, unlefs he had forfeited before at a Tournament.

The Word is derived from the Latin juxta, becaufe the Combatants fought near one another. Salmaftus derives it from the modern Greek zoufira, or rather rffar^c, which is ufed in this fenfe by Niccfborus Gregorius, Others de- rive it from "3ufta, which in the corrupt Age of the Latin Tongue was ufed for this Exercife; this being fuppofed to be a more juft and equal Combat than the Tournament.

JUSTICE, is a conitant Defire or Inclination to give every one his Due, or a Habit by which the Mind is al- ways difpofed and determined to give every Man his own. Jujiice may be divided into Diftributive, Commutative, and Legal. Diftributhe Juft ice is concern'd in Matters of Government, and of Beneficence, and is either remunerato- ry or punitive ; it obferves an Equality in dealing Rewards and Punifhments, according to each Man's Condition and Merit : for as Actions are either good or evil, for the good, Rewards mult be affigned, and for the evil, Pu- nifhments ; and herein a Geometrical Proportion is ob- ierved. Commutative Juttice is converfant in Matters of Commerce, and in the equal Commutation or Exchanging of things, and proceeds according to an arithmctrical E- quality, without any regard to Perfons and Circumftances. Legal J utftce is that which resides in the State or Monarch, by whofe Power and Authority the Effects of commuta- tive and diftributive Jujiite are frequently fupcrfeded or lufpended •> as in a Dearth of Corn, if a Perfon that has a Stock by him will nut fell it, it fhall be taken from him : and the like.

JUSTICE islikewife the Name of an Officer appointed by the King or Commonwealth, to do Right by way of Judgment. He is called Jitjtice, and not Judge, becaufe he was antiently called jnfticia, and not Jufticianv.s, and becaufe he has his Authority by Deputation, as Delegate to the King, and not Jure Magtjlratus j and therefore can- not depute any other in his flead, the Jtftice of the Fo- reft only excepted. Of thefe Juftices we have various kinds in England.

Juftice, or Chief Juftice of the King* s-Bench, is the capi- tal Juftice of Great Britain, and a Lord by his Office. His Buhnefs is chiefly to hear and determine all Pleas of the Crown, that is, fuch as concern Offences againft the Crown, Dignity, and Peace of the King, as Treafons, Fe- lonies, &c. See King's-Bencb.

Juftice, or Chief Juftice of the Common-Pleas, f s he who, with his Affiftants, hears and determines all Caufes at the Common Law, that is to fay, all Civil Caufes between common Perfons, as well Pcrfonal as Real, and he is a Lord by his Office. This Officer was formerly not only Chief Juftice, but alfo Chief Baron of the Exchequer, and Mafler of the Court of Wards. He ufually fat in the King's Palace, and there executed that Office, formerly performed per Comitem Palatii 5 he determined, in that Place, all the Differences happening between the Barons and other Great Men. He had the Prerogative of being Vicegerent of the Kingdom, whenever the King went beyond Sea, and was ufually chofen to that Office^ut of the prime Nobility ; but his Power was reduced by King Richard \. and King Hemyl. His Office is now divided and his Title changed from Cafnalis Anglic Juftidanus, to Lapitalis Jifticiarius ad Ptacita, &c. SztCommm- Pleas,

413 )

Jtj

Juftice of the Toreft is a Lord by his Office.and hath Power and Authority to determine Offences committed in the King's Forefts, &c. which ate not ro tie determined by a- ny other Court or Juftice, except fuch. as are appointed by fpecial Commiffion to affift him in his Office. Of thefe there are two, whereof the one hath Jurifdiflion over all the Forefts on this fide Trent, and the other beyond it. By many indent Records it appears to be a Plate of great Honour and Authority, and is never bellowed but on ibme Perfon ot great Diftincfion. The Court where this Juftice fits, is called the Jujiice-Seat of the Foreft. This is the only Jujiice who may appoint a Deputy ; he is alfo called Juf- tice in Eyre of the Foreft.

Juftices hi Eyre, Jufticiarii Itinerantes, or Errames, are fo termed from the old French word Erre,i.e. Iter. Thefe in antient time, were fent with Commiffion into divers Counties to hear fuch Caufes, efpecially, as were termed Pleas of the Crown ; and that for the Eafe of the Subjefl ; who mill elfe have been hurried to the Courts of Weft- minjier, if the Caufe were too high for the County-Courts. According to feme, thefe Juftices were fent once in feven Years, but others will have them to be fent oftner. Camhien fays, they were inftituted in the Reign of King Henry II. but they appear to be of an older Date, They were much like our Juftices of Affize at this Day, tho'for Authority and Manner of Proceeding very different.

Juftices of A/fze, are fuch as were wont, by fpecial Commiffion, to be fent into this or that County, to take Affizes, for the Eafe of the Subjects : for whereas thefe Addons pafs always by Jury, fe many Men might not, without great Damage and Charge, be brought up to London ; and therefore Jttfiices, for this purpofe, by Com- miffion particularly authorized, were fent down to them. Thefe continue twice every Tear to pafs the Circuit, by two and two, thro' all England, difpatching their feveral Buuneffcs by feveral Commiffions; for rhey have one Commiffion to take Affizes, another to deliver Goals and another of Oyer and Terminer, S£c. See Affize.

Suffices of Goal-Delivery, are fuch as arc commiffioned to hear and determine Caufes appertaining to thofe, who for any Offence are caft into the Goals, Their Commiffion is now turned over to the Juftices of Affile.

Juftices of Nifi Frms are now all one with Juftices of Af- fize, for it is a common Adjournment of a Caufe in the Common Tleas to put it off to fuch a Day ; Nifi Prius Juf- ticiarii venerint ad eas Partes ad cafiendas Ajfifas : and from the Claufe of Adjournment, they are called Juftices of Nifi Prius, as well as Juftices of Affize, by reafon of the Writ and Actions they have to deal in.,

Juftices of Oyer and Terminer, were Juftices deputed, on feme fpecial Occafione, to hear and determine feme particular Caufes. The Commiffion of Oyer and Termi- ner is directed to certain Perfons, upon any Infurrection, heinous Demeanour, or Trcfpafs committed.

Juftices of the Peace, are Perfons of Intereft and Credit, appointed by the King's Commiffion to attend the Peace of the Country where they live ; of whom, feme, for fpe- cial Refpedt, are made of the Quorum, becaufe no Bufi- nefsof Importance may be difpatched without the Pre- fence, or Affent of them, or one of them. See g»o- rtim. The Office of a Juftice of the Peace is to call be- fore hjm, examine, and commit to Frifon all Thieves Murderers, wandring Rogues, thofe that hold Ccnfpira- cies, Riots, and almoft all Delinquencies, that may oc- cafion the Breach of the Peace and Quiet of the Sub- ject ; to commit to Prifon fuch as cannot find Bail, and to fee them brought forth in due time to Trial. The Origi- nal of Juftices of the Peace is referred to the fourth Year q{£dw.\[i.. They were at firft called Wardens of the Peace

JUSTIFICATION, in Theology, is ,that Grace which renders a Man juft in the Sight of God, and worthy of eternal Happinefs. The Romaiiifts and Reformed are ex* tremely divided about the Doctrine of Juftif cation ; the latter contending for Juftif cation by Faith alone, and the former by good Works. See Imputation.

JUSTNESS, the Exactnefs or Regularity of any thing. The word is particularly ufed in 'Mattersof Lan- guage or Thought. The Juftnejs of a Thought confifts in a certain Precifenefs or Accuracy, by which every part of it is perfectly true, and pertinent to the Subject. Juft- nefs of Language confifts in ufing proper and well-cho- fen Terms ; in not faying either too much or, too little. M. de Mere, who has written on Juftnefs of Mmd, diflin- guifees two kinds of Juftnefs ; the one arifing from Tafte and Genius, the other coming from good Senfe or right Reafon. There are no certain Rules to be laid down for the former, vhs. to feew the Beauty and Exactnefs in the Turn, or Choice of a Thought ; the latter confiils in the juft Relation which things have to one another.

JUVENALIA, Games, Exercifes of Body, or Com- bats, inftituted by IVo-othe firft time his Beard wasfhaved. They were celebrated in private Houfes, and even the Nnnna Women