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2 (1836) The British cyclopædia of arts and sciences, manufactures, commerce, literature, history, geography, politics, biography, natural history, biblical criticism and theology : on the basis of the german conversations-lexicon
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594 JUS — I

good cause lias been shown. There are some otherprovisions favourable to prisoners accused of capitaloffences, and especially of political offences, whichdeserve notice. In cases of*treason, the prisoner isentitled to a copy of the indictment five days beforehis arraignment for trial, and a copy of the panel ofjurors who are summoned, and their professions andplaces of abode, ten days before his trial, and a listof the names of the witnesses to be produced againsthim, the like length of lime before the trial. He isalso entitled, at the expense of the government, tohave witnesses summoned in his behalf, to establishhis defence, and to have counsel assigned to assisthim in his defence. In America, in cases of treason,similar provisions in substance exist, with a differenceonly in respect to the length of time allowed for thecopy of the indictment, and lists of jurors and wit-nesses. And in many of the states, an equally humaneprovision exists in respect to all the other capitaloffences. In capital cases, not of treason, counsel arenot permitted to be employed in this country, exceptin arguing questions of law. The quaint and unsatisfac-tory reason given for this exclusion is, that the judgesare counsel for the prisoner,—a reason which, if goodin any, is sufficient in all cases. But there is more ofspeciousness than of truth in the remark ; for, thoughthe judges ought to take care that the prisoner has afair and impartial trial, it is impossible that they canact as counsel for the prisoner exclusively; and theimportance of counsel, exclusively for the prisoner, isadmitted in all cases of treason. Why not equallyso in other capital cases? Such is a very generaloutline of the trial by jury under the common law.

Jus. A law term, which signifies, 1, that whichis right or conformable to law; also the obligationwhich the law imposes; 2, a body of laws, decrees,and usages; 3, a man’s privileges, singly or collec-tively ; 4, the place where justice is administered ;5, the power which originates from the law. Hencethe word is of very frequent use in law.

Jus divinmn is that which is ordered by a revela-tion, in contradistinction to that which is ordered byreason; but as the right must be one and the same,it is evident that the distinction exists only in theform, and not in the essence, because that which isordered by our reason is to be referred to God, as itsorigin, equally with that which is decreed by reve-lation. A law may have both a human and a divineorigin; for instance, “ Thou shalt not kill.” Thisrule may be adopted because it is ordered in thedecalogue, or because it is the dictate of reason, andis established by most nations unacquainted withthe decalogue. f rhe division, however, is rather anti-quated, and the philosophical lawyer will refer all lawto a common origin.

Justice of the Peace. The word justice isapplied to judicial magistrates ; that is, a magistrateintrusted with the conservation of the peace. Agreat part of the civil officers arc, in fact, the con-servators of the peace, as their duty is to prevent orpunish breaches of the peace. Thus the judges,grand-jurymen, justices of the peace, mayors andaldermen of municipal corporations, sheriff's, coroners,constables, watchmen, and all officers of the police,are instituted for the purpose of preventing, in differentways, crimes and disturbances of the peace of thecommunity, or for arresting, trying, and punishingthe violators of the laws and good order of society.

In this country and the United States of America,

A A BA.

the justice of the peace, though not high in rank, isan officer of great importance, as the first judicialproceedings are had before him in regard to arrestingpersons accused of grave offences, and his jurisdictionextends to trial and adjudication for small offences.In case of the commission of a crime or a breach ofthe peace, a complaint is made to one of these magis-trates. If he is satisfied w ith the evidence of a com-mission of some offence, the cognisance of whichbelongs to him, either for the purpose of arresting, orfor trying the party accused, he issues a warrantdirected to a constable, or other executive officerdesignated by the law for this purpose, ordering theperson complained of to be brought before him, andhe thereupon tries the party, if the offence be withinhis jurisdiction, and acquits him or awards punishment.In this country, there are some officers, as the masterof the rolls, some municipal authorities, &c., who arejustices of the peace by prescription, in virtue oftheir other office ; but, in general, the appointment isby commission; and when a new commission issuesto justices in a certain county, this supersedes formercommissions for the same county of course.

Justitia. Called by the Greeks Astraa, andThemis. With the Romans, this goddess was anabstract rather than a personal deity. She is fre-quently represented upon coins as a maiden, with afillet or a diadem, or with a sword and scales; sometimeswith a cup in one hand and a sceptre in the other.

Jutland. A large province in Denmark. Itoriginally comprised the whole peninsula forming themain land of the Danish domains. But the name ofJutland is now confined to the northern half of thepeninsula. This province has but few rivers, andnone of great size; but the absence of them is amplycompensated by a number of bays, or inlets of thesea, which run up a great way into the country. Ofthese, by far the longest and most extensive is theLymfiord, which extends all across the peninsula,from the sea on the east, to within three miles of thesea on the west, and affords a great facility to inlandnavigation. The north coast of Jutland is but toowell known to seamen, by an immense range of sand-banks, which often rise almost to the surface of thewater; and, combined with the numerous currents,and the shortness and rapidity of the waves, whichprevails around the whole peninsula, render thenavigation extremely hazardous. The east coast,particularly from Aarhuus southward, presents asuccession of fertile elevations ; but the case is other-wise in the interior, particularly on a range of lowhills, which runs along the whole peninsula, andpenetrates even into Holstein. It has a territorialextent of 9500 square miles, and a population of440,000 persons.

Juventa. A goddess of youth, but not to be con-founded with Hebe; for she had not an individualbut only an abstract existence. She had a templenear the Capitol, and a festival was established mhonour of her. celebrated by young men. She isrepresented upon coins holding a censer in her lefthand, and with her right strewing incense upon atripod, because the young men, when they came toconsecrate the first growth of their beards, brought anoffering of incense.

KAABA. Originally a temple at Mecca,in greatesteem among the heathen Arabians, who, beforethey embraced Mohammedanism, called a sma