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Updated: June 14, 2025


Of the fines and forfeitures paid into the publicum, we find that a part went to the royal treasury and a part to the judex, and in some cases to the informer or the prosecuting officer; and at different times we find these proportionate amounts definitely defined as, for instance, in the time of Charlemagne two parts went to the king and one part to the count who acted as judex; this we know from two of the Lombard laws of that emperor.

In speaking of these "causae" in the above-mentioned prologue to the laws, he says: "Proinde providimus eas usque ad suprascriptum diem Kalendii Martiarum suspendere dum usque nostri ad nos conjungerentur judices," etc. This attendance at the royal placita represents the most important of the legislative duties of the judex outside of his own jurisdiction.

The judex was invested by the magistrate with a judicial commission for a single case only. After being sworn to duty, he received from the praetor a formula containing a summary of all the points under litigation, from which he was not allowed to depart.

A few broken down; two or three bolted. Several show in advance of the ruck. CASSOCK, a black colt, seems to be ahead of the rest; those black colts commonly get the start, I have noticed, of the others, in the first quarter. METEOR has pulled up. TWENTY YEARS. Second corner turned. CASSOCK has dropped from the front, and JUDEX, an iron-gray, has the lead. But look! how they have thinned out!

It was in no way what we could call a municipal government, even admitting a rather loose interpretation of the term, as the supporters of the theory of the survival of the Roman curial system would have us believe. The judex may be called "the highest municipal officer among the Lombards," and this designation still be correct, though perhaps misleading.

His powers were of a judicial character, and he shared with the dux the title of judex; but whether he enjoyed the full prerogative of a judex civitatis, or whether his judicial functions were of a more limited character and referred exclusively to matters of a fiscal nature belonging to the curtis regia or the camera of the king, is a question to which the evidence to be gathered from the law codes gives no decided answer.

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."

But the practical monopoly of jurisdiction in important cases, which senators seem to have acquired, was henceforth broken through, and the judex in civil suits was sometimes taken from the equestrian order. The superficial aspect of this great change seemed full of promise for the future.

For matters of importance there were courts of appeal established in Ostrog and Lemberg, the former having jurisdiction over Volhynia and the Ukraine, the latter over the rest of Jewish Russo-Poland. In cases affecting Jews and Gentiles, a decision was given by the judex Judaeorum, who held his office by official appointment of the grand duke.

The fine old motto of the 'Edinburgh Review, Judex damnatur cum nocens absolvitur, is, when reduced to practice, apt to strain the relations between the 'judex' and the 'nocens; and in this case the very outspoken review, published under Reeve's sanction, caused a coolness between the two men, the editor and the author, who had previously been on friendly terms.

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