JŪDEX, JŪDĬCĬUM. A Roman magistratus generally did not investigate
the facts in dispute in such matters as were brought before him:
he appointed a judex for that purpose, and gave him instructions.
[ACTIO.] Accordingly, the whole of civil procedure was expressed
by the two phrases _Jus_ and _Judicium_, of which the former
comprehended all that took place before the magistratus (_in
jure_), and the latter all that took place before the judex (_in
judicio_). In many cases a single judex was appointed: in others,
several were appointed, and they seem to have been sometimes
called recuperatores, as opposed to the single judex. Under certain
circumstances the judex was called arbiter: thus judex and arbiter
are named together in the Twelve Tables. A judex when appointed was
bound to discharge the functions of the office, unless he had some
valid excuse (_excusatio_). There were certain seasons of the year
when legal business was done at Rome, and at these times the services
of the judices were required. These legal terms were regulated
according to the seasons, so that there were periods of vacation.
When the judex was appointed, the proceedings _in jure_ or before the
praetor were terminated. The parties appeared before the judex on
the third day (_comperendinatio_), unless the praetor had deferred
the judicium for some sufficient reason. The judex was generally
aided by advisers (_jurisconsulti_) learned in the law, who were
said _in consilio adesse_; but the judex alone was empowered to give
judgment. The matter was first briefly stated to the judex (_causae
conjectio, collectio_), and the advocates of each party supported
his cause in a speech. Witnesses were produced on both sides, and
examined orally: the witnesses on one side were also cross-examined
by the other. After all the evidence was given and the advocates had
finished, the judex gave sentence: if there were several judices, a
majority decided. If the matter was one of difficulty, the hearing
might be adjourned as often as was necessary (_ampliatio_); and if
the judex could not come to a satisfactory conclusion, he might
declare this upon oath, and so release himself from the difficulty.
This was done by the form of words _non liquere_ (N. L.). The
sentence was pronounced orally, and was sometimes first written on a
tablet. If the defendant did not make his appearance after being duly
summoned, judgment might be given against him.--According to Cicero,
all judicia had for their object, either the settlement of disputes
between individuals (_controversiae_), or the punishment of crimes
(_maleficia_). This refers to a division of judicia, which appears
in the jurists, into _judicia publica_ and _judicia privata_. The
former, the _judicia publica_, succeeded to the _judicia populi_ of
the early republican period: the latter were so called because in
them the populus acted as judices. Originally the kings presided in
all criminal cases, and the consuls succeeded to their authority. But
after the passing of the Lex Valeria (B.C. 507), which gave an appeal
to the populus (that is, the comitia curiata) from the magistratus,
the consul could not sit in judgment on the caput of a Roman
citizen, but such cases were tried in the comitia, or persons were
appointed to preside at such inquiries, who were accordingly called
_Quaesitores_ or _Quaestores parricidii_ or _rerum capitalium_. In
course of time, as such cases became of more frequent occurrence,
such quaestiones were made perpetual, that is, particular magistrates
were appointed for the purpose. It was eventually determined,
that while the _praetor urbanus_ and _peregrinus_ should continue
to exercise their usual jurisdictions, the other praetors should
preside at public trials. In such trials any person might be an
accuser (_accusator_). The praetor generally presided as quaesitor,
assisted by a judex quaestionis, and a body of judices called his
consilium. The judices were generally chosen by lot out of those who
were qualified to act; but in some cases the accuser and the accused
(_reus_) had the privilege of choosing (_edere_) a certain number of
judices out of a large number, who were thence called _Edititii_.
Both the accusator and the reus had the privilege of rejecting or
challenging (_rejicere_) such judices as they did not like. In many
cases a lex was passed for the purpose of regulating the mode of
procedure.--The judices voted by ballot, at least generally, and a
majority determined the acquittal or condemnation of the accused.
Each judex was provided with three tablets (_tabulae_), on one of
which was marked A, _Absolvo_; on a second C, _Condemno_; and on
a third N. L., _Non liquet_. The judices voted by placing one of
these tablets in the urns, which were then examined for the purpose
of ascertaining the votes. It was the duty of the magistratus to
pronounce the sentence of the judices; in the case of condemnation,
to adjudge the legal penalty; of acquittal, to declare the accused
acquitted; and of doubt, to declare that the matter must be further
investigated (_amplius cognoscendum_).--A _judicium populi_, properly
so called, was one in which the case was tried in the comitia
curiata, but afterwards in the comitia centuriata and tributa.
The accuser, who must be a magistratus, commenced by declaring in
a contio that he would on a certain day accuse a certain person,
whom he named, of some offence, which he also specified. This was
expressed by the phrase _diem dicere_. If the offender held any
high office, it was necessary to wait till his time of service had
expired, before proceedings could be thus commenced against him. The
accused was required to give security for his appearance on the day
of trial; the security was called _vades_ in a causa capitalis, and
_praedes_ when the penalty for the alleged offence was pecuniary. If
such security was not given, the accused was kept in confinement. If
nothing prevented the inquiry from taking place at the time fixed for
it, the trial proceeded, and the accuser had to prove his case by
evidence. The investigation of the facts was called _anquisitio_ with
reference to the proposed penalty: accordingly, the phrases _pecunia,
capite_ or _capitis anquirere_, are used. When the investigation was
concluded, the magistratus promulgated a rogatio, which comprehended
the charge and the punishment or fine. It was a rule of law that a
fine should not be imposed together with another punishment in the
same rogatio. The rogatio was made public during three nundinae, like
any other lex, and proposed at the comitia for adoption or rejection.
The accused sometimes withdrew into exile before the votes were
taken; or he might make his defence. The offences which were the
chief subject of judicia populi and publica were majestas, adulteria
and stupra, parricidium, falsum, vis publica and privata, peculatus,
repetundae, ambitus.--With the passing of special enactments for
the punishment of particular offences, was introduced the practice
of forming a body of judices for the trial of such offences as the
enactments were directed against. The _Album Judicum_ was the body
out of which judices were to be chosen. It is not known what was
the number of the body so constituted, but it has been conjectured
that the number was 350, and that ten were chosen from each tribe,
and thus the origin of the phrase _Decuriae Judicum_ is explained.
It is easy to conceive that the judicia populi, properly so called,
would be less frequent, as special leges were framed for particular
offences, the circumstances of which could be better investigated
by a smaller body of judices than by the assembled people. The Lex
Servilia (B.C. 104) enacted that the judices should not be under
thirty nor above sixty years of age, that the accuser and accused
should severally propose one hundred judices, and that each might
reject fifty from the list of the other, so that one hundred would
remain for the trial. Up to B.C. 122 the judices were always
senators, but in this year the Sempronia Lex of C. Gracchus took the
judicia from the senators and gave them to the equites. This state
of things lasted nearly fifty years, till Sulla (B.C. 80) restored
the judicia to the senate, and excluded the equites from the album
judicum. A Lex Aurelia (B.C. 70) enacted that the judices should be
chosen from the three classes--of senators, equites, and tribuni
aerarii; and accordingly the judicia were then said to be divided
between the senate and the equites. The tribuni aerarii were taken
from the rest of the citizens, and were, or ought to have been,
persons of some property. Thus the three decuriae of judices were
formed; and it was either in consequence of the Lex Aurelia or the
Lex Fufia that, instead of one urn for all the tablets, the decuriae
had severally their balloting urn, so that the votes of the three
classes were known. It is not known if the Lex Aurelia determined the
number of judices in any given case. The Lex Pompeia de Vi and De
Ambitu (B.C. 52) determined that eighty judices were to be selected
by lot, out of whom the accuser and the accused might reject thirty.
In the case of Clodius, in the matter of the Bona Dea, there were
fifty-six judices. It is conjectured that the number fixed for a
given case, by the Lex Aurelia, was seventy judices. Augustus added
to the existing three decuriae judicum a fourth decuria, called that
of the _Ducenarii_, who had a lower pecuniary qualification, and only
decided in smaller matters. Caligula added a fifth decuria, in order
to diminish the labours of the judices.
JŪGĔRUM, a Roman measure of surface, 240 feet in length and 120 in
breadth, containing therefore 28,800 square feet. It was the double
of the _Actus Quadratus_, and from this circumstance, according to
some writers, it derived its name. [ACTUS.] The uncial division [AS]
was applied to the _jugerum_, its smallest part being the _scrupulum_
of 10 feet square, = 100 square feet. Thus the _jugerum_ contained
288 scrupula. The jugerum was the common measure of land among the
Romans. Two _jugera_ formed an _heredium_, a hundred _heredia_ a
_centuria_, and four _centuriae_ a _saltus_. These divisions were
derived from the original assignment of landed property, in which two
_jugera_ were given to each citizen as heritable property.
JŬGUM (ζυγός, ζυγόν), signified in general that which joined two
things together, such as the transverse beam which united the upright
posts of a loom, the cross-bar of a lyre, a scale-beam, &c., but
it denoted more especially the yoke by which ploughs and carriages
were drawn. The following woodcut shows two examples of the yoke:
the upper one is provided with two collars, the lower one with
excavations cut in the yoke, in order to give more ease and freedom
to the animals. The latter figure shows the method of tying the
yoke to the pole (_temo_, ῥυμός) by means of a leathern strap. The
word jugum is often used to signify _slavery_, or the condition in
which men are compelled, against their will, like oxen or horses, to
labour for others. Hence, to express symbolically the subjugation
of conquered nations, the Romans made their captives pass under a
yoke (_sub jugum mittere_), which, however, was not made like the
yoke used in drawing carriages or ploughs, but consisted of a spear
supported transversely by two others placed upright.
[Illustration: Jugum, yoke.]
JŪRISCONSULTI or JŪRĔCONSULTI arose among the Romans after the
separation of the Jus Civile from the Jus Pontificium. Such a body
certainly existed before the time of Cicero, and the persons who
professed to expound the law were called by the various names of
_jurisperiti_, _jurisconsulti_, or _consulti_ simply. They were also
designated by other names, as _jurisprudentes_, _prudentiores_,
_peritiores_, and _juris auctores_. The business of the early
jurisconsulti consisted both in advising and acting on behalf of
their clients (_consultores_) gratuitously. They gave their advice
or answers (_responsa_) either in public places which they attended
at certain times, or at their own houses; and not only on matters
of law, but on any thing else that might be referred to them. The
words _scribere_ and _cavere_ referred to their employment in
drawing up formal instruments, such as contracts or wills, &c. At a
later period, many of these functions were performed by persons who
were paid by a fee, and thus there arose a body of practitioners
distinct from those who gave responsa and who were writers and
teachers. Tiberius Coruncanius, a plebeian, who was consul B.C. 281,
and also the first plebeian Pontifex Maximus, is mentioned as the
first who publicly professed (_publice professus est_), and he was
distinguished both for his knowledge of the law and his eloquence.
JŪRISDICTIO, signifies generally the authority of the magistrate “qui
jus dicit,” and is mostly applied to the authority of the praetor in
civil cases, such as the giving of the formula in an actio and the
appointment of a judex. [ACTIO.]
JŪS. The law peculiar to the Roman state is sometimes called _Jus
Civile Romanorum_, but more frequently _Jus Civile_ only. The _Jus
Quiritium_ is equivalent to the _Jus Civile Romanorum_. The _jus
civil_e of the Romans is divisible into two parts, _jus civile_ in
the narrower sense, and _jus pontificium_, or the law of religion.
This opposition is sometimes expressed by the words _Jus_ and _Fas_.
The law of religion, or the _Jus Pontificium_, was under the control
of the pontifices, who in fact originally had the control of the
whole mass of the law; and it was only after the separation of the
jus civile in its wider sense into the two parts of the jus civile,
in its narrower sense, and the jus pontificium, that each part had
its proper and peculiar limits. Still, even after the separation,
there was a mutual relation between these two branches of law; for
instance, an adrogatio was not valid by the jus civile unless it was
valid by the jus pontificium. Again, jus pontificium, in its wider
sense, as the law of religion, had its subdivisions, as into jus
augurum, pontificium, &c.