Smith, William: A smaller dictionary of Greek and Roman antiquities (London, 1871)

JENTACULUM.

215

JUDEX.

dim. Trapa.6vpi.ov. The door-way, when com-
plete, consisted of four indispensable parts ;
the threshold, or sill (limen, ^ijAo;, oCSas) ;
the lintel (jugumcntum, limen supcrum) ;
and the two jambs (postes, crTa8p.oi). The
door itself was called foris or valva, and in
Greek o~avk, /cWids, or Svperpov. These
words are commonly found in the plural,
because the door-way of every building of
the least importance contained two doors
folding together. When foris is used in the
singular, it denotes one of the folding doors
only. The fastenings of the door (claustra,
obices) commonly consisted of a bolt (pes-
sidus; p-avSakos, ko.tox<:vs, KkeiSpov) placed at
the base of each foris, so as to admit of being
pushed into a socket made in the sill to
receive it. By night, the front-door of the
house was further secured by means of a
wooden and sometimes an iron bar [sera,
repagula, fioxAo;) placed across it, and in-
serted into sockets on each side of the door-
way. Hence it was necessary to remove the
bar (top p-ox^-ov irapatpepeiv) in order to open
the door (reserare). It was considered im-
proper to enter a house without giving notice
to its inmates. This notice the Spartans gave
by shouting; the Athenians and all other
nations by using the knocker, or more com-
monly by rapping with the knuckles or with
a stick {upoveip, KonTeLv). In the houses of
the rich a porter {janitor, custos, Ovpiopos)
was always in attendance to open the door.
He was commonly an eunuch or a slave, and
was chained to his post. To assist him in
guarding the entrance, a dog was universally
kept near it, being also attached by a chain
to the wall; and in reference to this prac-
tice, the warning cave canem, evKafSov tt\v
kvvo., was sometimes written near the door.
The appropriate name for the portion of the
house immediately behind the door (dvpiov)
denotes that it was a kind of apartment; it
corresponded to the hall or lobby of our
houses. Immediately adjoining it, and close
to the front door, there was in many houses
a small room for the porter.
JENTACULUM. [Coen-a.]
JUDEX, JUDICIUM. A Roman magis-
tratus generally did not investigate the facts
in dispute in such matters as were brought
before him : he appointed a judex for that
purpose, and gave him instructions. [Actio.]
Accordingly, the whole of civil procedure was
expressed by the two phrases Jus and Judi-
cium, of which the former comprehended all
that took place before the magistratus (in
jure), and the latter all that took place before
the judex (in judicio). In many cases a
single judex was appointed : in others, several
were appointed, and they seem to have been

sometimes called recuperatores, as opposed to
the single judex. Under certain circum-
stances the judex was called arbiter : thus
judex and arbiter are named together in the
Twelve Tables. A judex when appointed
was bound to discharge the functions of the
office, unless he had some valid excuse
(cxcusatio). There were certain seasons of
the year when legal business was done at
Rome, and at these times the services of the
judices were required. These legal terms
were regulated according to the seasons, so
that there were periods of vacation. "When
the judex was appointed, the proceedings in
jure or before the praetor were terminated.
The parties appeared before the judex on the
third day (comperendinatio), unless the prae-
tor had deferred the judicium for some suffi-
cient reason. The judex was generally aided
by advisers (jurisconsulti) learned in the law,
who were said in consi/io adesse ; but the
judex alone was empowered to give judg-
ment. The matter was first briefly stated
to the judex (causae conjectio, collectio), and
the advocates of each party supported Lie
I cause in a speech. Witnesses were produced
on both sides, and examined orally: the
witnesses on one side were also cross-examined
by the other. After all the evidence was
given and the advocates had finished, the
judex gave sentence : if there were several
judices, a majority decided. If the matter
was one of difficulty, the hearing might be
adjourned as often as was necessary (am-
pliatio) ; and if the judex could not come to
a satisfactory conclusion, he might declare
this upon oath, and so release himself from
I the difficulty. This was done by the form
of words non liquere (N. L.). The sentence
was pronounced orally, and was sometimes
first written on a tablet. If the defendant
did not make his appearance after being duly
summoned, judgment might be given against
him.—According to Cicero, all judicia had
for their object, either the settlement of dis-
putes between individuals (controvcrsiae), or
the punishment of crimes (maleficia). This
refers to a division of judicia, which appears
in the jurists, into judicia publica and judicia
privata. The former, the judicia publica,
succeeded to the judicia populi of the early
republican period : the latter were so called
because in them the populus acted asjudices.
Originally the kings presided in all criminal
cases, and the consuls succeeded to their
authority. But after the passing of the Lex
Valeria (b. c. 507), which gave an appeal to
i the populus (that is, the comitia curiata)
j from the magistratus, the consul could not
sit in judgment on the caput of a Roman
| citizen, but such cases were tried in the