Legal Definitions - calumniae jusjurandum

The calumniae jusjurandum was a significant practice in Roman law. It refers to a solemn oath taken by a litigant – either the person bringing a lawsuit (the plaintiff) or the person defending against it (the defendant). By taking this oath, the individual affirmed that they were participating in the legal proceedings in good faith. This meant they genuinely believed in the justice or merits of their claim or defense, and were not acting out of malice, a desire to harass the other party, or simply to cause unnecessary trouble, delay, or annoyance.

Here are some examples to illustrate this concept:

• Example 1 (Plaintiff's Good Faith): Imagine a Roman citizen named Aulus who genuinely believes his neighbor, Brutus, owes him a substantial sum for a loan that was never repaid. Aulus decides to take Brutus to court to recover the debt. Before the legal proceedings could fully commence, Aulus would be required to take the calumniae jusjurandum. By doing so, he would solemnly swear that he truly believes Brutus owes him the money and that he is bringing the lawsuit to seek justice and recover what is rightfully his, not to simply harass Brutus or damage his reputation out of spite.

• Example 2 (Defendant's Legitimate Defense): Consider a scenario where a merchant, Claudia, is accused by a customer, Drusus, of selling faulty goods. Claudia, however, is certain that the goods were of high quality when sold and that any damage occurred after they left her possession. As Claudia prepares to defend herself in court against Drusus's claim, she would take the calumniae jusjurandum. This oath would signify her genuine belief in her innocence and the legitimacy of her defense, assuring the court that she is not merely trying to evade responsibility or prolong the legal process without a valid reason.

• Example 3 (Deterrent to Frivolous Litigation): Suppose a wealthy Roman, Quintus, had a reputation for using the legal system to intimidate business rivals or settle personal grudges, often initiating lawsuits with very weak or fabricated claims. The requirement for Quintus to take the calumniae jusjurandum before initiating such a lawsuit would serve as a significant deterrent. If he had to swear under oath that he genuinely believed in the merits of his frivolous claim, it would make him reconsider, as making a false oath carried severe consequences and was considered a grave offense. This practice aimed to filter out vexatious litigation and ensure that legal resources were used for genuine disputes rather than for harassment.