jus gladii

jus gladii (j[schwa]s glad-ee-I). [Latin “right of the sword”] Roman law. The executory power of the law, esp. for provincial governors; the power or right to inflict the death penalty. • This term took on a similar meaning under English law.

— Also termed potestas gladii.

“And the prosecution of these offences is always at the suit and in the name of the king, in whom, by the texture of our constitution, the jus gladii, or executory power of the law, entirely resides.” 4 William Blackstone, Commentaries on the Laws of England 177 (1765).


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