Legal Definitions - gladius

Definition: A gladius is a sword that was an emblem of the emperor's power in Roman law, especially the power to punish criminals. The term jus gladii refers to the executory power of the law, especially for provincial governors, and the power or right to inflict the death penalty. This term also took on a similar meaning under English law and is also known as potestas gladii.

One example of the use of the gladius in Roman law is the punishment of criminals. The gladius was a symbol of the emperor's power to enforce the law and punish those who broke it. Another example is the use of the jus gladii by provincial governors to execute the law and impose the death penalty on those who committed serious crimes.

Under English law, the term jus gladii referred to the executory power of the law that entirely resided in the king. This meant that the king had the power to enforce the law and punish those who broke it, including the power to impose the death penalty.

These examples illustrate how the gladius and jus gladii were used as symbols of power and authority in the enforcement of the law, especially in the punishment of serious crimes. They also show how the concept of the jus gladii was adopted and adapted in different legal systems over time.