Judices Pisan period.
The three Cipxovms who appear in the loth-century inscriptions just mentioned bear alternately the names Torcotorius and Salusius; and, inasmuch as this is the case with the judices of Cagliari from the 11th to the 13th century, there seems no doubt that they were the successors of these Byzantine ripXovrfs, who were perhaps the actual founders of the dynasty.
389, note), to any officer of the king's court, to the chief justice, or in a very general way to all and sundry who possessed courts of their own or were qualified to act as judices in the shire-courts, even the style capitalis justiciarius being used of judges of the royal court other than the chief.
In each diocese there had arisen a judicature (judices pacis) to decide when the form had been broken; and an executive, or communitas pacis, had been formed to enforce the decisions of the judicature.
By the lex Aurelia (70 B.C.) the list of judices was composed, in addition to senators and equites, of tribuni aerarii.
They were removed from the list of judices by Caesar, but replaced by Augustus.
When the control of the courts passed into the hands of the property equites, all who were summoned to undertake the duties of judices were called equites; the ordo judicum (the official title) and the ordo equester were regarded as identical.
In 82 Sulla restored the right of serving as judices to the senate, to which he elevated 300 of the most influential equites, whose support he thus hoped to secure; at the same time he indirectly dealt a blow at the order generally, by abolishing the office of the censor (immediately revived), in whom was vested the right of bestowing the public horse.
By the lex Aurelia (70 B.C.) the judices were to be chosen in equal numbers from senators, equites and tribuni aerarii (see Aerarium), the last-named being closely connected with the equites), who thus practically commanded a majority.
But the union did not last long; shortly afterwards the majority ranged themselves on the side of Julius Caesar, who did away with the tribuni aerarii as judices, and replaced them by equites.
In the jury courts, the equites, thanks to Julius Caesar, already formed two-thirds of the judices; Augustus, by excluding the senators altogether, virtually gave them the sole control of the tribunals.
His chosen councillors in all affairs of state were senators, and the hearing of claims against the Fiscus was taken from the imperial procuratores and entrusted to the more impartial jurisdiction of a praetor and a court of judices (Dio Cassius lxviii.
His brother, Lucius Aurelius Cotta, when praetor in 70 B.C. brought in a law for the reform of the jury lists, by which the judices were to be eligible, not from the senators exclusively as limited by Sulla, but from senators, equites and tribuni aerarii.
At that time an agitation was going on for the transfer of the judicial functions from the equites to the senate; Drusus proposed as a compromise a measure which restored to the senate the office of judices, while its numbers were doubled by the admission of 300 equites.
Further, a special commission was to be appointed to try and sentence all judices guilty of taking bribes.
If the judices here mentioned are the centumviri, it is clear that they formed a tribunal which represented the interests of the plebs.
They were never regarded as magistrates, but merely as judices, and as such would be appointed for a fixed term of service by the magistrate, probably by the praetor urbanus.
In 59 Calenus was praetor, and brought forward a law that the senators, knights, and tribuni aerarii, who composed the judices, should vote separately, so that it might be known how they gave their votes (Dio Cassius xxxviii.
The consuls with the assistance of judices also presided in the law-courts; but besides the consuls of the commune there were consules de placitis specially appointed for jurisdictional purposes.