Legal Definitions - vocatio in jus

Vocatio in jus refers to a historical legal practice in ancient Roman law. It describes the initial step in a lawsuit where the person bringing the complaint (the plaintiff) would personally and orally summon the person being accused or sued (the defendant) to appear immediately before a legal official, such as a magistrate or judge. This direct, verbal command served as the formal initiation of legal proceedings, requiring the defendant to accompany the plaintiff to the court.

Here are some examples illustrating the concept of vocatio in jus:

• Scenario: A Dispute Over Unpaid Goods
  Imagine a Roman baker, Marcus, who had supplied bread to a tavern owner, Lucius, for several weeks without receiving payment. Frustrated, Marcus would go to Lucius's tavern and, in front of witnesses, verbally declare, "Lucius, you owe me for the bread! I summon you to appear before the magistrate at once to settle this debt!" Lucius would then be legally obligated to accompany Marcus to the magistrate.

  Explanation: In this situation, Marcus is the plaintiff, and Lucius is the defendant. Marcus's direct, oral demand for Lucius to appear before the magistrate to resolve the debt constitutes the vocatio in jus, initiating the legal process.

• Scenario: A Property Boundary Conflict
  Consider two Roman landowners, Gaius and Decimus, who have a long-standing disagreement about the exact boundary between their adjacent fields. Gaius believes Decimus has encroached upon his land. To resolve this, Gaius might confront Decimus at the disputed boundary line and formally state, "Decimus, you have trespassed on my property! I command you to present yourself before the praetor this very hour to adjudicate this matter!"

  Explanation: Here, Gaius is the plaintiff, and Decimus is the defendant. Gaius's explicit, verbal summons for Decimus to appear before the praetor (a type of Roman magistrate) to address the land dispute is an example of vocatio in jus.

• Scenario: An Incident of Public Disorder
  Suppose a citizen, Cornelia, was publicly insulted and slandered by another citizen, Brutus, in the Roman forum. Feeling her honor was gravely damaged, Cornelia would directly approach Brutus and, in a clear voice, declare, "Brutus, you have defamed my name! I call upon you to accompany me to the city's legal authority to answer for your malicious words!"

  Explanation: Cornelia acts as the plaintiff, and Brutus is the defendant. Cornelia's direct, oral command for Brutus to appear before a legal authority to address the defamation is a clear instance of vocatio in jus, compelling him to face legal scrutiny.