Judaeus

A Jew. JUDAISMUS (Lat.) The religion and rites of the Jews. Du Cange. A quarter set apart for residence of Jews. Du Cange. A usurious rate of interest. 1 Mon. Angl. 839; 2. Mon. Angl. 10, 665. Sex marcus sterlingorum ad acquietandam terram praedictum, de Judaismo, inquo fuit impignorata. Du Cange. An income anciently 'accruing to the king from the Jews. Blount. JUDEX (Lat.) In Roman Law. One who, either in own right, or by appointment of the magistrate for the special case, judged causes. Thus, the praetor was formerly called judex. But, generally, praetors and magistrates who judge of their own right are distinguished from jvdices, who are private persons, appointed by the praetor, on application of the plaintiff, to try the cause, as soon as issue is joined, and furnished by him with instructions as to the legal principles involved. They were variously called jvdices delegati, or pedanei, or speciales. They resemble in many respects jurors. Thus, both are private persons, brought in at a certain stage of the proceedings, viz., issue joined, to try the cause, under instructions from the judge as to the law of the case. But civilians are not clear whether the judices had to decide the fact alone, or the law and fact. The judex resembles in many respects the arbitrator, or arbiter, the chief differences being, 'first, that the latter is appointed in cases of trust and confidence, the former in cases where the relations of the parties are governed by strict law (in practionibus strictis); second, the latter has the whole control of case, and decides according to equity and good conscience, the former by strict formulae; third, that the latter may be a magistrate, the former must be a private person; fourth, that the award of the arbiter derives its force from the agreement of submission, while the decree of the judex has its sanction in the command of the praetor to try the cause. Calv. Lex.; 1 Spence, Eq. Jur. 210, note; Kaufm. Mackeld. Civ. Law, § 193, note. There was generally one judex, sometimes three, — ^in which case the decision of two, in the absence of the third, had no effect. Calv. Lex. Down to the time of handing over the cause to the judex, that is, till Issue joined, the proceedings were before the praetor, and were said to be in jure; after the Anglo-Saxon system of judicature. 1 Spence, Eq. Jur. 67. In Civil Law. A judge who conducts the trial from beginning to end; magistratus. The practice of calling in judices was disused before Justinian's time; therefore, in the Code, Institutes, and Novels, judex means judge in its modern sense. Heinec. Elem. Jur. Civ. § 1327. In Oid English Law. A juror. Spelman. A judge, in modern sense, especially — as opposed to justiciarius, i. e., a commonlaw judge, — ^to denote an ecclesiastical judge. Bracton, fols. 401, 402.