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Updated: October 5, 2025
During his tribuneship Marius proposed a law on the mode of voting, which apparently tended to deprive the nobles of their power in the Judicia: the measure was opposed by Cotta, the consul, who persuaded the Senate to resist the proposed law, and to summon Marius to account for his conduct.
But, whether it restored power to the equites or only confirmed them in it, in theory it left the office of judex open to all citizens, for, while it excluded so many citizens that in practice the judicia were closed to all but the equestrian class, it did not assign the office to any one class in particular. Cicero inveighs against Glaucia as a demagogue of the Hyperbolus stamp.
With war the hope of their gains was gone; and, enraged at this, they took advantage of the outbreak to repay the Senate for its complicity in the attempt of Drusus to deprive them of the judicia. Under a law of Varius, who is said by Cicero to have been the assassin of Drusus and Metellus, Italian sympathisers were brought to trial, and either convicted and banished, or overawed into silence.
Jam vero tempora curarum remissionumque divisa: ubi conventus ac judicia poscerent, gravis, intentus, severus, et saepius misericors; ubi officio satisfactum, nulla ultra potestatis persona: tristitiam et arrogantiam et avaritiam exuerat: nec illi, quod est rarissimum, aut facilitas auctoritatem aut severitas amorem deminuit.
The judices voted by ballot, which had been the practice in Rome in such trials since the passing of the Lex Cassia B.C. 137. See the Life of Cicero, c. 29. There is a dispute as to the meaning of the term Judicia Populi, to which kind of Judicia the Lex Cassia applied.
Lastly, because in almost all Crimes there is an Injury done, not onely to some Private man, but also to the Common-wealth; the same Crime, when the accusation is in the name of the Common-wealth, is called Publique Crime; and when in the name of a Private man, a Private Crime; And the Pleas according thereunto called Publique, Judicia Publica, Pleas of the Crown; or Private Pleas.
Inter aratores et decumanos lege frumentaria, quam Hieronicam appellant, judicia fiunt. Because the rest would oblige me to a discourse too large for this place, it shall suffice that I have showed you how it was in Sicily.
Sixthly, he took away from the equites and restored to the Senate the judicia. In civil suits the praetor, as we have seen, had the superintendence. Sometimes he decided a case at once. Sometimes, if he thought the case should be tried, he appointed a judex, giving him certain instructions by which after the investigation he must decide the case.
They then carried out their pre-concerted scheme appealed to the court over which Judge McGullet presided, and he postponed, from time to time, his decision. While the cases were thus remaining sub judicia, the hotel-keepers were selling and giving away liquor, thus making as many drunk as possible, and blaming the Act for the result.
The corresponding changes which occurred at Rome are still more easily interpreted, because the Romans confined their experiments to the penal law, and did not, like the Athenians, construct popular courts with a civil as well as a criminal jurisdiction. The history of Roman criminal jurisprudence begins with the old Judicia Populi, at which the Kings are said to have presided.
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