United States or South Georgia and the South Sandwich Islands ? Vote for the TOP Country of the Week !


Here we find that: "Nullus judex publicus ad causas audiendum, vel freda exigendum, seu mansiones aut paratas faciendum, nec fidejussiones tollendum neque hominibus ipsius episcopatus distringendum," etc. This is sufficient to show the character of exemption from secular jurisdiction.

He was required not merely to investigate facts, but to give sentence; and as law questions were more or less mixed up with the case, he was allowed to consult one or more jurisconsults. If the case was beyond his power to decide, he could decline to give judgment. The arbiter, like the judex, received a formula from the praetor, and seemed to have more extensive power.

The fines collected in this manner formed a substantial part of the revenues of the judex imposing them, and consequently arose the abuse, which seems to have been a great cause of complaint in the eighth century, that the freemen were summoned to attend placita at frequent intervals during the year, when there was no business of any importance to transact, and when the sole object of the summons was to furnish an excuse for imposing the fine.

Consequently the only safe way to give a clear idea of the position and the powers of the judex, is to give a description of the various offices to which judicial authority was attached, in degrees more or less complete, corresponding to the social and political importance of the person exercising this authority.

Sixthly, he took away from the equites and restored to the Senate the judicia. In civil suits the praetor, as we have seen, had the superintendence. Sometimes he decided a case at once. Sometimes, if he thought the case should be tried, he appointed a judex, giving him certain instructions by which after the investigation he must decide the case.

An attempt to remedy this injustice was made when the number of placita which any one judex could hold during the year was limited by law to three, and the dates for these definitely determined.

Judex damnatur cum nocens absolvitur To this first number Sydney Smith contributed five articles. Four of these are reviews of sermons, and the fifth is a slashing attack on John Bowles, who had published an alarmist pamphlet on the designs of France. Jeffrey thought this attack too severe, but the author could not agree. He thought Bowles "a very stupid and a very contemptible fellow."

What is of the greatest importance to us, however, in bringing out the relations of the cities to the rest of the community in Lombard and Frankish times, is the position of the judex as duke and as count within his own judiciaria, that is, within the civitas of which he was both lord and judge.

Howbeit I comforted myself therewith that our Lord God would forgive her in consideration of her ignorance. And the first line ran as follows: Dies irae, dies ilia. But these two verses pleased her more than all the rest, and she recited them many times with great edification, wherefore I will insert them here. Judex ergo cum sedebit Quidquid latet apparebit, Nil inultum remanebit: Item,

The praetor, or judex quaestionis, presided over the judices in each court, and the judices returned a verdict by a majority of votes, sometimes given by ballot, sometimes openly. In choosing these judices this was the process. The whole number available was, it is said, 300, divided into three decuriae.