Judex
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
1.
In Roman law, when a suit was commenced, the parties appeai-ed before the praetor, who made a preliminary examination to find the precise point in controversy. From the statements of the parties he constructed a formula, or brief technical statement of the issue. He then appointed a judex to try the case according to the issue, to condemn or acquit the accused, and to make return of his judgment.^ 2. In civil law, a magistrate who conducted the proceedings in a cause from its first inception, and finally decided it.
3.
In English law an officer who administers justice in a court of law; a judge.
Boni judlcis est ampllare jurisdiotionem
It is the part of a good judge to enlarge his jurisdiction — in order to prevent a failure of justice. Lord Abinger said " that the maxim of the law is to amplify its remedies, and without usurping jurisdiction, to apply its rules to the advancement of substantial justice." ^ Lord Mansfield suggested that the reading should be ^^ a-mpliare justitiam." * The idea is about this, that the law provides.a rernedy for every ' wrong.* Coram judice.
Before a judge
Coram non judice.
Before one not a judge
That is, before a court clothed, or not clothed, with jurisdiction in the matter.* See Jueisdicti On. Wemo debet esse judex in propria sua causa. No one should be judge in his own cause. No one can be at once judge and party. In a state of mere nature each individual is his own judge; which is one of the evils society is intended to remedy. The power is now lodged in the civil magistrate.'