Legal Definitions - jus banci

Jus banci is a historical legal term that refers to the exclusive right or privilege of a judge to occupy a distinct, often elevated, seat in a courtroom. This physical separation and elevation symbolized the judge's unique authority and impartiality, particularly when administering serious legal matters, historically known as "high justice." This privilege was traditionally reserved for the most senior judges, such as those appointed directly by a monarch.

Here are some examples illustrating the concept of jus banci:

• Medieval Royal Court: Imagine a scene in 13th-century England where a Royal Justice, directly appointed by the King, presides over a trial for a serious felony like treason. He sits on a specially constructed, elevated bench, physically separated from the common folk, the accused, and even the court clerks below him. This distinct position emphasizes his direct authority from the monarch to administer grave legal matters.

  This judge's exclusive right to occupy such a prominent and distinct seat, symbolizing his unique power to dispense "high justice," is a clear manifestation of jus banci.

• Early Modern High Court: Consider a high court in 16th-century France, where a judge of the Parlement (a sovereign court with significant judicial powers) is hearing a complex case involving a major land dispute between powerful aristocratic families. He occupies a grand, elevated chair or bench, distinct from the lower-ranking officials and the public gallery, underscoring his judicial supremacy.

  The judge's privilege to sit in this specific, elevated position, highlighting his unique judicial authority and the importance of the justice he dispenses, perfectly illustrates the concept of jus banci.

• Colonial Judicial Authority: In an 18th-century British colony, the Governor, who also served as the chief judicial officer, presides over a significant criminal trial. He sits on a specially designated, often more elaborate and elevated, bench at the head of the courtroom, distinct from other officials and the public. This arrangement reinforces his ultimate legal authority within the colony.

  This Governor's exclusive right to occupy such a prominent and separate judicial seat, reflecting his ultimate authority in administering "high justice" within the colony, embodies the historical privilege associated with jus banci.