Judex

Lat.

In Roman law. A private person appointed by the prætor, with the consent of the parties, to try and decide a cause or action commenced before him. He received from the prætor a written formula instructing him as to the legal principles according to which the action was to be judged. Calvin. Hence the proceedings before him were said to be in judido, as those before the prætor were said to be in jure.

In later and modern civil law. A judge in the modern sense of the term.

In old English law. A juror. A judge, in modern sense, especially—as opposed to justiciarius, i. e„ a common-law judge—to denote an ecclesiastical judge. Bract, fols. 401. 402.

— Judex a quo. In modem civil law. The judge from whom, as judex ad quem is the fudge to whom, an appeal is made or taken. Halifax, Civil Law, b. 3, c. 11, no. 34.

— Judex ad quem. A judge to whom an appeal is taken.

— Judex datus. In Roman law. A judge given, that is, assigned or appointed, by the prætor to try a cause.

— Judex delegatus. A delegated judge; a special judge.

— Judex fiscalis. A fiscal judge; one having cognizance of matters relating to the fiscus, (g. v.)

— Judex ordinarius. In the civil law. An ordinary judge ; one who had the right of hearing and determining causes as a matter of his own proper jurisdiction, (ex propria jurisdio tione,) and not by virtue of a delegated authority. Calvin

— Judex pedaneus. In Roman law. The judge who was commissioned by the prætor to hear a cause was so called, from the low seat which he anciently occupied at the foot of the praetor's tribunal.

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.'