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How much better the "village Hampden," than the wide-world's Whalley; and how enviable the uncouth rhyme, and the yeoman's honest name, on the stone that loving hands have set, compared with these coward initials, and memorials that skulk in the grass! Sta, viator, judicem calcas!
A prosecutor was said ferre judicem res, when he proposed to the accused person some one out of the judices selecti, before whom the case might be tried; if the accused person consented to the person named by prosecutor, then the judge was said convenisse, to have been agreed on. Sometimes the accused was allowed to select his own judge, judicem dicere.
For proofe whereof, I say that, if he were no more than Christes vycar, as Gomera calleth him in that place, then he must needes graunte that the vicar is no greater then his Master. Nowe, our Saviour Christe, beinge requested and entreated to make a lawfull devision of inheritaunce betwene one and his brother, refused to do that, sayenge, Quis me constituit judicem inter vos?
His jurisdiction was confined to the small fortified towns and villages of the civitas, where he administered justice and collected fines, forfeitures, etc., in much the same manner as did the judex in the largest town of the civitas; his judgments, however, were not final, but always subject to appeal to a higher authority: "Si vero talis causa fuerit, quod ipse Sculdahis minime deliberare possit, dirigat ambas partes ad judicem suum."
Judicem nec de obtinendo jure orari oportet nec de injuria exorari. It may be in place to remark here that the counsel in a cause ought to avoid all unnecessary communication with the jurors before or during any trial in which he may be concerned. He should enforce the same duty upon his client.
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