Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

648 JUDEX, JUDICIUM. JUDEX, JUDICIUM.
equivalents were, " Ex fide bona, Ut inter bones were regulated by special leges; and thus the
bene agier." (Top. 17.) In a dispute about dos, Judicia Publica of the later republican period rewhich Cicero calls " arbitriumT rei uxoriae," the present the Judicia Populi of the earlier times. The
words " Quod aequius, melius," were added. (Com- Judicia Populi were originally held in the Comitia
pare Gaius, iv. 47, 62.) If the matter was brought Curiata and subsequently in the Centuriata and
before a judex, properly so called, the judicihm Tributa. A lex of P. Valerius Publicola (Liv. ii.
was constituted with a poena, that is, per spon- 8; Cic. Rep. ii. 31) gave an appeal (provocatio) to
sionem; there was no poena, when an arbiter was the populus from the magistratus; and a law of
demanded, and the proceeding was by the formula C. Sempronius Gracchus (Cic. pro Rabir. 4) dearbitraria. The proceeding by the sponsio then clared to the same effect: " Ne de capite civiumn
was the strict one (anogustissima7 fornsida sposnsionis, Romanornm injussnl populi judicaretur."
Cic. pro Rose. Corn. 14): that of the arbitrium The kings presided in the Judicia Populi, and
was ex fide bona, and the arbiter, though he was the consuls succeeded to their authority. But
bound by the instructions of the formula, was al- after the passing of the Lex Valeria de Provocalowed a greater latitude by its terms. The engage- tione (B. c. 508) persons were appointed to preside
ment between the parties who accepted an arbiter, at such trials as affected a citizen's caput, and
by which they bound themselves to abide by his they were accordingly called Quaesitores or Quaearbitrium, was Compromaissum (pro Rose. Corn. 4. stores Parricidii or Rerum Capitalium. In some cases
4); but this term was also emrployed, as it appears, (Liv. iv. 51 ) a plebiscitum was passed, by which a
to express the engagement by which parties agreed magistrate was appointed to preside at the judicial
to settle their differences by arbitration, without investigation. In the course of time, as cases were
the intervention of the praetor. Cicero appears to of more frequent occurrence, these Qnaestiones
allude to this arbitration. (Pro P. Quintio, 5; were made Perpetuae, that is, particular magicompare Senec. de Benef. iii. 7.) strates were appointed for the purpose. In the
In the division of judicial functions between the year 149 B; c. the tribune L. Calpurnius Piso
Magistratus and Judex consisted what is called Frugi carried a Lex De Pecuniis Repetundis, by
the Ordo Judiciorum Privatorum, which existed in which a Praetor presided at all such trials durilg
the early periods of Rome, and continued till the his year of office, from which time the Quaestio
time of Constantine. At 1the same time with the Repetundarum became Perpetua. L. Sulla gave
Ordo Judiciortm Privatorum existed the proceed- to one praetor the Quaestiones de Majestate, and
ing extra ordinem or extraordinaria cognitio, in to others those of Peculatus and Ambitus; and
which the magistratus made -a decision by a de- he also added four other Quaestiones. Perpetuae.
cretum, without letting the matter come to a judex. *Thus he carried out the principle of the Lex CalFinally, under the later empire the extraordinaria -purnia, by establishing permanent courts for the
cognitio supplanted the old mode of proceeding. trial of various specified offences, and the praetors
According to Cicero (pro Caecina, 2) all Judicia determined among themselves in which of these new
had for their object, either the settlement of dis- courts they should severally preside. The ordinary
putes between individuals (controversiae), or the functions of the praetor urbanus and peregrinus
punishment of crimes (maleficia). This passage were not interfered with by these new arrangerefers to a division of Judicia, which appears in the rents. The Quaestiones of Sulla were, De RepeJurists, into Publica and Privata. The term Pri- tundis, Majestatis, De Sicariis et Veneficis, De
vata Judicia occurs in Cicero (lop. 17), where it Parricidio, Peculatus, Ambitus, De Numnmis Adulrefers to the class of Judicia which he indicates in terinis, De Falsis or Testamentaria, and De Vi
the Caecina by the term Controversiae. The term Psublica. But in special cases the senate still somePublica Judicia might not then:be in use, but the times by a deoretum appointed the consuls as
term Publica Causa is used by Cicero (pro Rosc. quaesitores, of which an example occurs in Cicero.
Aileer. c. 21) with reference to:a Judicium, which (Brut. 22.)
by the Jurists would be called Publicum. In the Any person, not legally disqualified, might be
Digest (48. tit. 1. s. 1) it is stated that all Judicia an accuser (accusastor) in a Judicinun Publicunm.
are not Publiea in which a crimen was the matter On such an occasion a praetor generally presided
in question, but only those in which the offence as quaesitor, assisted by a judex quaestionis and a
was prosecuted under some lex, such as the Julia body of judices called his consilium. The judex
Majestatis, Cornelia de Sicariis, and others there quaestionis was a kind of assistant to the presiding
enunerated. The Judicia Popularia or Populares magistratus, according to some opinions; but others
Actiones as they are called (Dig. 47. tit. 23. s. 1) consider him to be a quaesitor, who was sometimes
are defined to be those by which " snum jus specially appointed to preside on the occasion of a
populus tuetur;" and they agreed with the Pub- quaestio. (Walter, Geschiclte des RMimi. Rec.ls
lica Judicia in this, that any person might be p. 861.) The judices were generally chosen by
the prosecutor, who was not under some legal dis- lot out of those who were qualified to act. Both
qualification. The Judicia Populi (Cic. Brut. 27) the accusator and the reus had the privilege of
were those in which the populus acted as judices; rejecting or challenging (rejicere) such judices as
and accordingly Cicero enumerates the Popipli Ju- they did not like. (Cic. ad Att. i. 16.) The judicia among others when he says (pro Demo, c, dices appointed according to the provisions of the
13) that " nihil de capite civis, ant de bonis, sine Lex Licinia de Ambitu, B. c. 55, were called
judicio senatus ant popldi aut eorum qui de quaque edititii, and these were judices named by the ac.
re constituti judices sint, detrahi posse." As the cuser, whom the accused (reus) could not chalJudicia Publica are defined by the jurists to be lenge. (Cic. pro CnE. Plancio, 15, 17, ed. WVunthose in which crimina were tried by a special lex, der, Proleyom. p. lxxvi.) The judices were called
it appears that the Judicia Populi, strictly so editi, when they could be challenged by the reus.
called, must have fallen into disuse or have gradu- In many cases a lex was passed for the purpose of
ally become unnecessary after the Judicia Publica regulating the mode of procedure. In the matter