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On this page: Judex or Iudex – Judicial Procedure

JUDEX-

330

TUDICIAL PROCEDURE.

from this after two years' captivity, owing to his having prophesied the coming reign of Vespasian, from whom he took the family name of Flavins. After having been present at the siege of Jerusalem, in the suite of Titus, he lived in Rome until his death about 93, devoting himself to learned studies and literary activity. His works, which are written in Greek, are: (1) The History of the Jewish War, in seven books, originally composed in Syro-Chaldee, but translated into Greek at the request of Titus. It is remarkable for its masterly delineation of events in which he himself took part or of which he was an eye­witness. (2) The Jewish Antiquities, in twenty books; a history of the Jews from the creation down to the twelfth year of Nero (a.d. 66), written with the object of making a favourable impression on the Greeks and Romans. (3) An Autobio­graphy, to complete the Jewish History. (4) A treatise in defence of his Jewish Antiquities against the attacks of a scho­lar named Apton. The Eulogy of the Maccabees is probably spurious. There is a Latin version of the History of the Jews, dating from the end of the 4th century a.d., under the name of Hegesippus, a corruption of Josephus.

Jfidex. In the Roman constitution a general designation of all judges, whether officials exercising judicial functions or in­dividuals in a private position, entrusted on oath with the duty of deciding in either civil or criminal trials. For standing and for extraordinary criminal courts (seeQuxSTio) the indices were at first chosen from the number of the senators by agreement of the parties concerned. Gaius Gracchus first introduced a list of indices (album,) for the permanent tribunals (quwstlones perpetuat). At first this list was perma­nent, but afterwards it was published annually by the prcetor urbdnus, who had to swear that he would be impartial in his selection of names. Under the Empire, as long as the qucestiones perpvtuce existed, it was published by the emperor, who nominated the indices to hold office for life, and from time to time revised and completed the list. By the lex Sempronia of Gaius Gracchus, b.c. 123, the office of judge was taken away from the senators, who had held it previously, and transferred to the possessors of the knight's census (the equitHs). In b.c. 80 a lex Cornelia of L. Cornelius Sulla restored it to the Senate. In b.c. 70 the office was equally divided

between the senators, the knights, and the tribuni atrarii. These last were once more excluded by Caesar. Augustus formed four dScurla;, or divisions, of indices. Of these the first three were obliged to possess the knight's census, and the last the half of it. Caligula added a fifth decuria.

Under the Empire the judicial functions, hitherto confined to certain definite classes, '3iad become so general in their obligations, that it was considered a privilege to be freed from them. This exemption was granted to a man with many children, and, afterwards, to those following the professions of grammarians and teachers. The requisite qualifications, apart from that of property, were that a person should be by birth a citizen, and not less than thirty years of age (after Augustus, not less than twenty-five). The other requirements were bodily and mental capacity, an unblemished repu­tation, and a long residence in Italy. Under the Republic, the number of those who were sworn in varied at different times; under the Empire it was fixed at 4,000, and later at 5,000. For every court of justice the judges were taken from the general list by lot, and out of this special list the presiding magistrate appointed a definite number for each trial. Out of these a certain number might be challenged and rejected by either side ; perhaps the president filled up the vacancies by again drawing lots. The swearing in took place before the trial. When the number of the prsetors appointed for the qmestiones was not sufficiently large, a index qucestionis was appointed, generally one who had served as aedile.

In civil cases it was customary from early times for the judicial magistrates, i.e. the praetors, to depute the investigation and decision to a person instructed by them and appointed by consent of both sides. From the time of Augustus a single judge (index unus) was appointed in each case from the general album of sworn indices, but for certain cases several judges were intro­duced. (See recuperatores, and judicial procedure, II, below.) The indices cen-tumviri formed the single great judicial body for trying civil cases. (See centum-viri.) Concerning the indices lltlbus iudi-candls, who were also appointed in civil cases, see viginti-sex viri.

Judicial Procedure. (I) Athenian. A clear distinction was drawn at Athens be­tween public and private actions. But it must be remarked that the public actions

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