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

JUDEX, JUDICIUM. J-UDEX, JUDICIUM. 6149
of Clodius and the Bona Dea, the senate attempted terra and Stupra, Parricidium, Falsum, Vis Plubto carry a lex by which the praetor who was to lica and Privata, Peculatus, Repetundac, Ambitus,
preside at the trial -should be empowered to select which are treated cinder their several heads.
the judices, the effect of which would have been to With the passing of special enactments for the
prevent their being challenged by Clodius. After punishment of particular offences, was introduced
a violent struggle, a lex for the regulation of the the practice of forming a body of Judices for the
trial was proposed by the tribune Fufius and car- trial of such offences as the enactments were diried: it only differed from the lex recommended rected against. Thus it is said that the Lex Cal.,
by the senate in the mode of determining who purnia De Pecuniis Repetundis established the
should be the judices (judicumz genus): a differ.. Album Judicum Selectorum, or the body out of
ence however which was not unimportant, as which Judices were to be chosen. It is not knowin
it secured the acquittal of Clodius, The judices what was the number of the body so constituted,
voted by ballot, and a majority determined the but it has been conjectured that the number was
acquittal or condemnation of the accused. If the 350, and that ten were chosen from each tribe,
votes were equal, there was an acquittal (Plut. and thus the origin of the phrase Decuriae JudiAlalsius, 5). Each judex was provided with three cum is explained. It is easy to conceive that the
tablets (tabetlae), on one of which was marked Judicia Populi, properly so called, would be less
A, Absolvo; on a second C, Condemno; and on.a frequent as special leges were framed for particular
third N. L., Non liquet. The judices voted by offences, the circumstances of which could be
placing one of these tablets in the urn (zusa, better investigated by a smaller body of Judices
Juv. Sat. v. 4), which was then examined for the than by the assembled people. It is affirmed that
purpose of ascertaining the votes. It was the duty 1up to the passing of the Calpurnia Lex, the
of the magistratus to pronounce the sentence of Judices were chosen from the senators only, but
the judices; in the case of condemnation, to ad- after this time they were not taken from that body
judge the legal penalty; of acquittal, to declare exclusively; and further, that not only the Juhim acquitted; and of doubt, to declare that the dices in the Quaestiones de Repetundis, but also
matter must be further investigated (amzplius cogno- the Judices in private matters were from the date
sceendumn). of this lex taken from the Album Judicum which
Mention is often made of the Jndlicla Populi in the lwas annually made (Goettling, Gesclichlee der Ri~;2.
Latin writers. A Judicium was commenced by Stacltsves:fissunsg, p. 425); for which there appears
the accuser, who must be a magistratus, declaring to be no evidence. Some modern writers affirm
in a contio, that he would on a certain day accuse that by the Lex Calpurnia the Judices were chosen
at certain person, whom he named, of some offence, by the Praetor annually out of the body of senlawhich he also specified. This was expressed by tors, and arranged according to their tribes; and
the phrase " diem dicere" ( VirginZius Coesosi caui- that the necessary number for each trial was
(is dies m dicit, Liv. iii. 11). If the offender held any chosen out of this body by lot.
high office, it was necessary to wait till his time of As many of those who were tried in the quaesservice had expired, before proceedings could be tiones perpetuae belonged to the class of the Opthus commenced against him. The accused was timates, it often happened that the Judices acrequired to give security for his appearance on the quitted those members of their own body, who
day of trial; the security was called vades in a would have been convicted by impartial judices.
causa capitalis, and praedes when the penalty for Accordingly a struggle arose between the popular
the alleged offence was pecuniary. If such seci- party and the Optimates, whom the popular; party
rity was not given, the accused was kept in con- wished to exclude from the office of Judex. The
finement. (Liv. iii. ] 3.) If nothing prevented the lawvs which relate to the constitution of the body
inquiry from taking place at the time fixed for it, of Judices are called Judiciariae, whether these laws
the trial proceeded, and the accuser had to prove related only to this matter, or made rules about
his case by evidence. The investigation of the it anld other things also, The first lex which ex.
facts was called Anquisitio with reference to the cluded the Senators from the Album judicum
proposed penalty: accordingly, the phrases pecunia, selectorumn was a Lex Sempronia of C. Gracchus,
capite or capitis anquirere, are used. (Liv. xxvi. 3.) B. c. 123, in accordance with which the judcices
When the investigation was concluded, the magis- were taken only from the Equites. This arrange.tratus promulgated a rogatio, which comprehended ment 1,asted above forty years, and gave satisfacthe charge and the punishment or fine. It was a tion to the popular party; but it did not work
rule of law that a fine should not be imposed toge- well in all respects, because the magistrates in the
ther with another punishment in the same rogatio. provinces favoured the rapacity of the Publicani, in
(Cic. pro Dose?. C. 17.) The rogatio was made order to keep on good terms with the Equites,
public during three eundinae, like any other lex; to which class the Publicani belonged. (Cic. errs.
and proposed at the conitia for adoption or re- iii. 41.) A Lex Servilia Caepionis B. c. 106 is
jection. The form of the rogatio, the effect of said to have repealed the Sempronia Lex; but
which was to drive Cicero into banishment, is this Lex Servilia was itself repealed by a Lex
given in the Oration Pro D.ozo, c. 18. The ac- Servilia Glauciae repetundarum, probably in B. C.
cused sometimes withdrew into exile before the 104. This Lex is said to have given the Judicia
votes Nwere taken; or he might make his defence, to the Equites, and consequently it either repealed
of which we have an instance in the oration of the Lex of B. C. 106 indirectly, or it may merely
Cicero for Rabirius. Though these were called have confirmed the Lex Sempronia; for the real
Judicia Populi, and properly so in the early ages nature of the Lex of B. c. 106 is hardly ascerof the state, the leges passed in such jndicia in the tainable. There is a passage in Tacitus (Aneal.
latter period of the republic were often Plebiscita. xii. 60) in which he speaks of the Servilicae leges
The offences which were the chief subject of restoring the Judicia to the senate. The Lex
Judicia Populi and Publica were hMajestas, Adul- Servilia of B. c. 104 excluded from the function of