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On this page: Judex Ordinarius – Judex Pedaneus – Judex Quaestionis – Judfcia Duplfcia – Judfcia Legftima – Judfcia Quae Imperio – Judfcium – Judfcium Populi – Judfcium Privatum – Judicati Actio – Judices Editi – Jugerum

JUDEX PEDANEUS.

kinds of Judicia and the difference in the mode of procedure, which render it almost a matter of de­monstration that the various changes in the judi­ciary body had reference to the Quaestiones and Judicia Publica. It is true that some of these leges may have contained provisions even as to Judicia Private,,-for many of the Roman leges 'con­tained a great variety of legislative provisions, and it is also true that we ar,e veiy imperfectly ac­quainted with the provisions of these Leges Judi-ciariae ; but that the regulation of the Judicia Privata was included in their provisions, in the snme form and to the same extent as that of the Judicia Publica, is an assertion totally unsupported by evidence, and one which leads to absurd con­clusions. Two Leges Juliae together with5a Lex Aebutia put an end to the Legis Actiones (Gams, iv. 30) ; and a Lex Julia Judiciaria limited the time of the Judicia Legitima (Gams, iv. 104) : but it does not appear whether these leges were passed solely for these objects, or whether their provisions were part of some other leges.

Bethmann-Hollweg (Flandbuchdes Cwilprozesses, p. 13) observes: " the establishment of a more limited body of judices out of the senatorial body (album judicum selectorum), a. v. c. 605, the transfer of this privilege to the equites, by C. Gracchus, the division of it between both classes after long struggles and changes, and even the giving it to the third class, whereby three classes or decuriae of judices were established ; all these changes, which were so important in a constitutional point of view, referred especially to the criminal proceedings which were politically so important."

Though the general character of the Roman Judicia, and the modes of procedure both in civil and criminal matters, are capable of a sufficiently clear exposition, there is much uncertainty as to many details, and the whole subject requires a careful examination by some one who combines with a competent knowledge of the original autho­rities, an accurate acquaintance with the nature of legal procedure.

The following works may be referred to: — Walter, GescMchte des Rom. Rgchts; Goettling, Geschiclite der Rom. Staatsverfassung ; Heinec-cius, Syntagma, &c. ; Tigerstrom, De Judicibus ctpud .Romanos, Berl. 1826, valuable only for the collection of the original authorities : Keller, Ueber Litis Contestation und Urtheil, &£. Zurich, 1827 ; Bethmann-Hollweg, Handbucli des Civilprozesses, Bonn, 1834 ; P. Invernizii, De Publieis et Crimi-nalibus Judidis Romanorum, Libri Tres, Leipzig, 1846 ; Puchta, Instit. i. §71, ii. § 151, &c. ; Gains, iv. ; Dig. 5. tit. 1. De Judidis ; Dig. 48. De Judidis Publicis ; In.st. iv. tit. 18.) [G. L.]

JUDEX ORDINARIUS. [judex peda­neus.]

JUDEX PEDANEUS. The origin and mean­ing of this term seem to be unknown. It is not used by the classical Roman writers. The judices to whom the praetor or praeses referred a matter in litigation with the usual instructions, were some­times called Pedanei. (Theophil. iv. 15 ; Cod. 3. tit. 3.) Subsequently the praeses, who was now sometimes designated Judex Ordinarius or Judex simply (Cod.Theod. 1. tit. 7), decided most matters without the intervention of a Judex ; but still he was empowered to appoint a permanent body of judices for the decision of less important matters, and these also were called Judices Pedanei, " hoc

651

JUGERUM.

est qui negotia liumiliora disceptent.'' (Cod. 3. tit. 3. s. 5.) The proceedings before this new kind of Judices Pedanei were the same as before the praeses. Some modern writers are of opinion that these new pedanei judices did not form a perma­ nent court, but only decided on matters which were referred to them by a superior authority. (Cod. 3. tit. 3.) The reason of these judices receiving a dis­ tinctive name is conjectured to be this, that the magistrate himself was now generally called Judex. The Greek translation of Pedaneus is xa,uc"^i- Kaffr^s (Theophil. iv. L5. pr.) [G. L.]

JUDEX QUAESTIONIS. [judex, p. 648.]

JUDICATI ACTIO, A thing was a Res judicata, when the matter in dispute had been de­termined by a judicial sentence ; and the actio judicati was a mode which the successful party might adopt, for obtaining a decree of the magis­trates by which he could take possession of the property of the person who had lost the cause and had not satisfied the judgment The plaintiff in the actio judicati was also protected in his posses­sion of the defendant's property by a special inter­dict, and he was empowered to sell it. The party condemned was limited as to his defence. Origin­ally the judieatus was obliged, to find a vindex (rindicem dare) ; but in the time of Gaius it had become the practice for him to give security to the amount of the judgment (judicatum solvi satis-dare). If the defendant pleaded that there was no res judicata, he was mulcted in double the amount of the judgment, if his plea was false.

The actio judicati, as a peculiar obligation, is merely the development and completion of the obligatio which is founded on the Litis Contes-tatio ; but this peculiar obligatio is merely another form of execution, and it participates in the general nature of the process of execution. The general nature of the actio judicati appears from the fol­lowing passages. (Dig. 42. tit. 1. s. 4, 5, 6, 7, 41. § 2, 43, 44, 61). Savigny, System, &c. vi. p. 411.

(Gaius, iv. 9, 25, 171, 102 ; Cic. pro Place. 21 ; Paulus, S. R, 1. tit. 19.) [G. L.]

JUDICES EDITI, EDITFTII. [judex, p. 646.]

JUDFCIA DUPLFCIA. [familiae ercis-

CUNDAE ACTIO.]

JUDFCIA LEGFTIMA. [imperium, p. 628, b., p. 629, a,]

JUDFCIA QUAE IMPERIO. [imperium, p. 628, b, p. 629, a.]

JUDFCIUM. [judex.]

JUDFCIUM POPULI. [judex, p. 648.]

JUDFCIUM PRIVATUM, PU'BLICUM. [judex, p. 648.]

JUGERUM or JUGUS (the latter form, as a neuter noun of the third declension, is very com­mon in the oblique cases and in the plural), a Roman measure of surface, 240 feet in length and 120 in breadth, containing therefore 28,800 square feet. (Colurn. R. R. v. 1. § 6 ; Quintil. i. 18.) It was the double of the Actus Quadratus, and from this circumstance, according to some writers, it derived its name. (Varro, L. L. v. 35, Miiller, R.R. i. 30). [AcTUS.] It seems probable that,, as the word was evidently originally the same as jugus QTJt/gum, a yoke, and as actus^ in its original use, meant a path wide enough to drive a single beast along, that jugerum originally meant a path wide enough for a yoke of oxen, namely, the double of the actus in width ; and that when actus