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

650 JUDEX, JUDICIIJUE JUDEX,.JUDICIUNM.
Judices every person who ihal been tribunus iPhil. i. 8, v. 5; Sueton. J. Ctes. c. 41.) It seems
plebis, quaestor, triunmvir capital's, tribunus mili- probable that the expression ex centuriis, which is
turn in one of the first four legions, triumvir agris used by Asconius in speaking of the change introdandis assignandis, who was or had been in the duced by this Lex Pompeia, had reference to the
senate, who was infamis, every person who was admission of the centurions into the third class of
under thirty or above sixty years of age, every judices.
person who did not live in Rome or in the imnoe- Auoustus, who altered the whole constitution of
diate neighbourhood, every father, brother, or son the body of judices by his leges judiciorum pub.
of a person who was or had been in the senate, licorum et privatorum, added to the existing
and every person who was beyond seas. The three Decuriae Judicum, a fourth Decuria, called
Praetor who presided in this Qua-:stio, was to that of the Ducenarii, who had a lower pecuniary
choose 450 judices, from whom the Judices for qualification, and only decided in smaller matters
the particular case were to be taklen by lot. (de levioribus sunsmmis, Sueton. Aug. 32). Cali(Fragmenta Legis Serviliae Repetundarum, &c. gula (Sueton. Cali q. 16) added a fifth Decuria,
C. A. C. Klenze, Berlin, 1825, 4to.) in order to diminish the labours of the judices.
The attempts of the tribune M. Livius Dru- Augustus had already allowed each Decuria, in its
sus the younger had no result [LEGES LIVIAF]. turn, an exemption for one year, and had relieved
A Lex Plautia B. c. 89 enacted, that the Judices them from sitting in the months of November and
should be chosen by the tribes, five by each December. The whole number of judices was
tribe, without any distinction of class. The Op- raised by Augustus to near 4000 (Plin. Hist.
timates triumphed under L. Cornelius Sulla, who Nat. xxxiii. 7); and the judices in civil cases
by a Lex Cornelia B. c. 80 enacted that the Ju- were taken out of this body. They were chosen
dices should be taken exclusively from the Sena- by the Praetors out of the persons who had the
tors. But a Lex Aurelia (B. c. 70) enacted that the property qualification, and the duty of serving
Judices should be chosen from the three classes - as a judex thus became one of the burdens to
of Senators, Equites, and Tribuni Aerarii (Vell. ii. which citizens were liable.
32.) The Tribuni Aerarii were taken from the As to the whole number of judices, included at
rest of the citizens, and were, or ought to have any given time in the Album Judicum, it seems
been, persons of some property. Thus the three almost impossible to state any thing with precidecuriae of Judices were formed; and it was either sion; but it is obvious from what has been said,
in consequence of the Lex Aurelia or some other that the number must have varied with the varilex that, instead of one urn for all the tablets, ous changes already mentioned. After the time of
the decuriae had severally their balloting urn, so Augustus the number was about four thousand,
that the votes of the three classes were known. and from this period, at least, there is no doubt that
Dion Cassius (xxxviii. 8) ascribes this regulation to the Album Judicum contained the whole number
a Lex Fufia, and he says that the object was that of persons who were qualified to act as judices,
the votes of the decuriae (evO77, yEr's) might be both in Judicia Privata and Judicia Publica. The
known, though those of individuals could not, fourth Decuria of Augustus was limited in its funcowing to the voting being secret. It is not known tions to the Judicia Privata in which the matter in
if the Lex Aurelia determined the number of Ju- dispute was of small value. It is often stated
dices in any given case. A Lex Pompeia passed by modern writers, without any qualification, that
in the second consulate of Pompey (n. c. 55), the various changes in the judiciary body from the
seems to have made some modifications in the Lex time of the Lex Calpurnia to the end of the reAurelia, as to the qualification of the Judices; but public had reference both to the Judicia Publica
the new provisions of this lex are only known and Privata; though it is also stated that the obfrom Asconius, who explains theln in terms which jects of these various enactments were to elevate
are very far from being clear. The Lex Pompeia or depress one of the great parties in the state, by
de Vi, and De Ambitu (n. C. 52) determined that extending or limiting the body out of which the
eighty judices were to be selected by lot, out of judices in any given case were to be chosen. But
whom the accuser and the accused might reject it is obvious that these reasons do not apply to the
thirty. In the case of Clodius (B. c. 61), in the matter of Judicia Privata, in which a single judex
matter of the Bona Dea, there were fifty-six judices. generally acted, and which mostly concerned matIt is conjectured that the number fixed for a given ters of property and contract. -Accordingly, a recase, by the Lex Aurelia, was seventy judices. cent writer (Walter, Geschiclte des RMOz. Recets,
A Lex Judiciaria of Julius Caesar (Sueton. Jul. p. 716) has observed with more caution than some
41; Cic. Philip. i. 8) took away the decuria of of his predecessors, that " there is no doubt that
the Tribuni Aerarii, and thus reduced the judices from the time of Augustus the Album Judicum
to two classes (geneCra, the yiE'o of Dion Cassius). had reference to the judices in civil matters, but
A Lex Judiciaria, passed after his death by M. that as to earlier times a difficulty arises from
Antonius, restored the decuria of the Tribuni the fact that while the Lex Sempronia was in
Aerarii, but required no pecuniary qualification force, by which the senators were excluded front
from them: the only qualification which this lex the Album Judicum, a Consularis is mentioned as
required was, that a person should have been a a judex (Cic. de O.f. iii. 19); and, on the other
centurion or have served in the legions. It appears hand, an Eques is mentioned as a judex at a time
that the previous Lex Pompeia, Lex Aurelia, and when the Lex of Sulla was in force, and consea Lex of Caesar, had given to those who had been quently senators only could be judices. (Cic. Pron
centurions (qzi ordimnes duxerant) the privilege of Rose. C'on. c. 14.)" These instances certainly are
being judices (jaudicatus), but still they required a inconsistent with the fact of the Judicia Privata
pecuniary qualification (census). The Lex of An- being regulated by the various Legis Judiciariae
tonius, besides taking away the pecuniary qualifi- but they are of small weight, colmpared with the
cation, opened the judicia to the soldiers. (Cic. reasons derivable fiom the character of the two