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The word per, in the phrase "per judicium parium suorum," of course means precisely what it does in the next phrase, "per legem terrae;" where it obviously means according to, and not by, as it is usually translated.
That his offence did not meet with universal reprobation is shown by negative testimony in the Judicium de Cardano, by Gabriel Naudé. In the course of his essay Naudé lets it be seen how thoroughly he dislikes the character of the man about whom he writes.
which was common enough; but he says, with a much more unmusical sound, "Consiliûm, auguriûm, atque extûm interpretes." And again he goes on "Postquam prodigiûm horriferûm, putentfûm pavos," which are not at all usual contractions in a string of words which are all neuter. Nor should I much like to say armûm judicium, though the expression occurs in that same poet,
Committit ipsis judicium, saith Pareus; ipsos testes, imo judices appellat, so that, if the ceremonies be warranted unto us by the law of nature, the judgment must be committed to every man’s conscience, and so should every man be convinced in himself, by such a principle of nature, from which the ceremonies have a necessary and manifest deduction.
The true meaning of the phrase, per judicium parium suorum, is, according to the sentence of his eers. The word judicium, judgment, has a technical meaning in the law, signifying the decree rendered in the decision of a cause. In civil suits this decision is called a judgment; in chancery proceedngs it is called a decree; in criminal actions it is called a sentence, or judgment, indifferently.
The Judicium Statuarium, equivalent to martial law, was proclaimed in February; but the Viennese revolution of the 8th of March, and Prince Metternich's flight to England, were followed by promises to abolish the censure, and to convoke the central congregations of the Lombardo-Venetian kingdom. The utmost privilege of these assemblies was consultative.
That celebrated "bill of rights" has not all come down to us, but researches of the learned have made it certain that it contained no mention of trial by jury, which, indeed, was unknown to its authors. The words judicium parium meant to them something entirely different the judgment of the entire community of freemen.
Speaking of the trial by jury, as established by Magna Carta, he calls it, "A privilege which is couched in almost the same words with that of the Emperor Conrad two hundred years before: 'nemo beneficium suum perdat, nisi secundum consuetudinem antecessorum nostrorum, et, judicium parium suorum. The difference between this reading and the other is important.
Coke says, "Judicium .. the judgment is the guide and direction of the execution." 3 Inst. 210. This precedent from Germany is good authority, because the trial by jury was in use, in the northern nations of Europe generally, long before Magna Carta, and probably from time immemorial; and the Saxons and Normans were familiar with it before they settled in England.
For those churches do not deny, but acknowledge and teach, that the discipline of excommunication is most agreeable to the word of God, as also that it ought to be restored and exercised; which also, heretofore, the most learned Zachary Ursine, in the declaration of his judgment concerning excommunication, exhibited to Prince Frederick, the third count elector palatine, the title whereof is, Judicium de Disciplina Ecclesiastica et Excommunicatione, &c.
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