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But Cicero declares that for nearly fifty years, while the equites discharged this office, there was not even the slightest suspicion of a single eques being bribed in his capacity as judex; and after every allowance has been made for Ciceronian exaggeration, the statement may at least warrant us in believing that Gracchus had some reason for hoping that his change would be a change for the better, even if, as Appian declares, it turned out in the end just the opposite.
Sir Thomas Smith, Secretary of State to queen Elizabeth, writing more than three hundred years after Magna Carta, in describing the difference between the Civil Law and the English Law, says: "Judex is of us called Judge, but our fashion is so divers, that they which give the deadly stroke, and either condemn or acquit the man for guilty or not guilty, are not called judges, but the twele men.
A formal trial followed, presided over by a Pontifex Maximus, in which a Judex, an Advocatus Pro, and an Advocatus Con participated, with the foregone result that the culprit was sentenced to be hanged, shot, and burned; a decree carried out on a gallows and bonfire previously prepared in spite of the sophomores' best efforts.
Now, attention, friend, and let your ears work as well as your nether jaw. Judex damnatur you know the old saw. Here am I upholding the good fame of the learned Duns Scotus against the foolish quibblings and poor silly reasonings of Willie Ockham."
In a case of oppression by the dux, the gastald, on the other hand, could bring the matter before the king. Before considering the changes introduced by the Carlovingian rule, let us cast a hasty glance at a few of the minor officers who acted as subordinates of the judex in administering the affairs of the civitas.
These minor officers, as well as other subalterns of the judex, are often met with under the common name of actionarii, which includes also the different sorts of exactores, adores, advocati, and all the lesser officials of the fiscus.
The officer who came next in rank to the judex, and who, in a subordinate capacity, assisted him especially in administering the judicial affairs of the civitas, was in Lombard times called the sculdahis, and in Carlovingian times the centenarius. Under him were the saltarius and the decanus.
They result, firstly, from the confusion which arose between matters of civil and ecclesiastical jurisdiction, when political power was given to a large number of the bishops, and when they united to their religious duties as pastor, the judicial and sometimes even some of the military duties of comes and judex.
A few broken down; two or three bolted. Several show in advance of the ruck. CASSOCK, a black colt, seems to be ahead of the rest; those black colts commonly get the start, I have noticed, of the others, in the first quarter. METEOR has pulled up. TWENTY YEARS. Second corner turned. CASSOCK has dropped from the front, and JUDEX, an iron-gray, has the lead. But look! how they have thinned out!
A consideration of these facts brings out two important points, which I will briefly indicate before passing on to a little more detailed treatment of the powers and the duties of the judex.
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