Arbiter

Lat. In the Roman law. A judge invested with a discretionary power. A person appointed by the praetor to examine and decide that class of causes or actions termed boruB Jidei, and who had the power of judging according to the principles of equity, {ex cequo et bono); distinguished from the judex, (q. v.) who was bound to decide according to strict law.

Inst. 4. 6. 1.

Cooper's Notes, in loc, CotoelL A person to whom contending parties submitted the decision of their dispute, without the interference of a magis Uate; answering to the modem term arbitrator. These arbitri were appointed by an agreement called compromissum, and were hence termed arbitri compromissarii. Dig.A.B, Cooper's Inst, ub. sup.