JUDEX, JUDI'CIUM. It is of some importance to form a correct notion of the terms Puke and 'maidens in the Roman writers. The Jedicia were of two kinds, private and patlice ; the former, having relation to drama, may is generally described as civil actions ; tho latter were of the nature of criminal prosecutions.
In the Judicla Private the party complainant (actor) came before the plater or other magistrate who had jurisdiction (JirisdiMio), and made his claim or complaint, to which the defendant (rem) might put in • plea (e-rceptio). The meter then made an order by which Ito referred the matter to Judices, or Recuperntorne, or Arbitri, whose chief office was to ascertain the facts in dispute. The formula, or order of the porter, was of the nature of a provisional decree : it stated the matter at femme between the particle, and the judgment that was to follow upon the determination of the facts. The plaintiff lout to prove his case, or the defendant to prove his plea, before the judices. Some times there was only one judex. The speech of Cicero' Pro Publio Quintile' waa made before a single judex, aided by assessors (condi i et.) The patroni or orators appeared before the judices to support the muse of their clients. The judices wore sworn to act impartially.
' Witnesses were produced on each side, and examined orally; and it 14 clear from the remarks of Cicero (' Pro Crecine,' c. 10), where Ito is commenting on the evidence in the case of Cmcina, that he had crofts. examined and put to confusion an impudent witness on the other side (see also the oration ' Pro Flacco,' c. 10). It is clear also from the oration ' Pro Carina; that time inquiry before the judices was public. Written documents, such as letters and books of accounts, were pro duced before the judices by way of evidence. (Cicero,' Pro Q. Roscio.') When the orators had finished their speeches, the judices decided by a majority. The form in which the judices pronounced their decision was that of a judgment or decree.
The difference between the judiciurn end arbitrium was this : in the judicium, the claim, demand, or damages, was a sum fixed; in the arbitrium it was a awn uncertain ; and this difference was attended with certain variations in the procedure. Thia is very clearly expressed by Cicero (' Pro Q. Roach); c. 4).
The judices were allowed to have assessors (ennsintret) learned in the law ( juria-eonstelti), but they merely advised the judices, who alone delivered the decision. In case of doubt as to the law, the judices might consult the magistrate under whom they were acting ; but as to the mattere ef fact, the judiece were the solo judges, and could take no advice from the magistrate (` Dig.; V. 1, 70). Genius (xiv. 2) gives rm amusing account of the difficulty which ho felt on being appointed a judex, and how ho got rid of the business by declaring on oath, as tho judex always might do, that ho could not come to any decision.
We may presume that the judicea wore generally persons qualified by a sufficient education, though they were not necessarily lawyers; but it does not Appear that they were named out of any determinate ciao, and there is good re son for thinking that both parties generally agreed upon the judices, or at least had the power of rejecting them.
It would seem as if every Roman citizen was considered competent to discharge the functions of-a judex In civil actions, at least tinder the emperors : but this part of the subject is not free from (Enmity.
Appeals from the decisions of the judices were not uncommon. (Ulpian, Dig.; xlix. 1, 1 ; Screen's,' Dig,' xlix. 1, 28.) So far seems pretty well ascertained. Such being the qualifications of the judices, and the magistrates who lied jurs.wlictio being only annual functionaries, it appears that there was no clam of men among the Romans, like our judges, who were the living interpreters of law for a series of years in euecesaion. The juris-eonsuiti seem to have kept the Roman law together as a coherent body, and it is from their writings alone that the 'Digest' is compiled. [JusructAx's IsaistAtiox.] A court is often mentioned by the Roman writers, the origin and constitution of which, if they could be thoroughly ascertained, would throw great light on the Roman judicial system, and indeed on the Rowlett polity generally. We allude to the Judicium Centurnvirale, which in the earlier times of the Republic was a court In which weighty matters of haw were decided. This court gradually declined, hut was metered by Augustus. The author of the dialogue De Catteis Corrupt re Moquenthe epeeka of It as most flourishing in his time ; but he proves Its former decay by observing that there was not a single opeoch then extant made by any great orator before this court, except one which he mentions. 'Vet both L. Creams and Q. Scaevola had pleaded before the Centuinviri. (Cie., ' Do OmL; i. 30.) The origin, number, and constitution of this body are not known, though some writers any that the number was 105, three being chosen from each tribe. (Foetus, r. Centumriralia!) But there were not thirty-five tribes blA.sec. 518, and therefore it might be inferred that the Cent= viml body was of coin pamtively recent date. However, this (tom not necessarily toile& from the words of Fonts ; and besides, such an explanation may be nothing more than his attempt to assign the origin of the court, without being able to trace it historically. The Centuniviri were not megietrariti, but a college of jedien, who decided In Judicia Private. The matters which came before them were only actieses fa met, or rindicati*ari, not act (mei is pertment, or actions founded on contracts or delict,: con eminently the matters brought before them were actions affecting ownership, emultutes temements), wills, and intestacies (Cicero, ' Do Omtore; 1. 38, 39.) The Querela Inofficiosi Testament; seems to have come before this court only. So far as is here stated seems to be pretty clearly made out. A valuable essay on this subject by Hollweg will give further information, and to this work, Tigerstrom'e essay, De Judicibus spud Romanos,' Zimmern's 'Rom. Civilist. Process :',_and Muhlenbriich's notes to Heinecciuis 'Antiq. Rom.' lib. iv. tit. vi., we refer the student.