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Updated: June 8, 2025
Licinia had a pleasant estate in the suburbs, which Crassus wished to get at a small price, and with this view he was continually about the woman and paying his court to her, which brought on him the suspicion of a criminal intercourse; but he was acquitted by the judices, being indebted in some degree to his love of money for his acquittal from the charge of debauching the vestal.
Pompey now broke with the aristocracy, whose champion he had been, and even carried another law by which the judices were taken from the equites as well as the Senate. Thus was the constitution of Sulla subverted within ten years. In this movement Pompey was supported by Julius Cæsar, who was a young man of thirty years of age.
He says that he did tell them indeed, which is talked of, and which did vex the Commons, that the Lords were "JUDICES NATI ET CONCILIARII NATI;" but all other Judges among us are under salary, and the Commons themselves served for wages; and therefore the Lords, in reason, the freer Judges. 13th.
The judges of these standing commissions were drawn from the senatorial order; and Gracchus, therefore, by suggesting an appeal from their judgment to the people, was attacking a senatorial monopoly of the most important jurisdiction, and perhaps reflecting on the conduct of senatorial judices, as displayed especially in relation to the grievances of distressed provincials.
In the time of Augustus there were four thousand judices, who were merely private citizens, generally senators or men of consideration. The judex was invested by the magistrate with a judicial commission for a single case only. After being sworn to duty, he received from the praetor a formula containing a summary of all the points under litigation, from which he was not allowed to depart.
Agiluf 591 to 615 originally duke of Turin, met with much opposition from the power of the dukes; but when we come to the time of Rhotari 636 to 652 we find their power already declining, and in the eighth century, as for example under Liutprand 712 to 736 the laws show them reduced to the position of the other judices, but still representing a high aristocracy whose consent was, as we have seen, necessary to all acts of the king.
The praetors at an early date handed over their authority to other judges, chosen either from the citizens at large, or from the body of Judices Selecti, who were renewed every year.
In speaking of these "causae" in the above-mentioned prologue to the laws, he says: "Proinde providimus eas usque ad suprascriptum diem Kalendii Martiarum suspendere dum usque nostri ad nos conjungerentur judices," etc. This attendance at the royal placita represents the most important of the legislative duties of the judex outside of his own jurisdiction.
There is still extant one of these curious collections by Artemidorus Daldianus in five books, entitled Oneirocritica, or The Interpretation of Dreams. He was exiled in consequence of being unjustly convicted B.C. 92 at the time when the Judices were chosen from the body of the Equites. He was accused of Repetundæ and convicted and exiled.
Without this ambition which I own, of desiring to please the judices natos, I could never have been able to have done anything at this age, when the fire of poetry is commonly extinguished in other men. Yet Virgil has given me the example of Entellus for my encouragement; when he was well heated, the younger champion could not stand before him.
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