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As a good example of the complete development of this advance gained by the bishops, I will mention a charter given by Charles the Fat to John, bishop of Arezzo, in the year 879, in which he confirms to him all the property and the rights of that see, and takes him under his protection, "sub immunitatis suae defensione": he then goes on to explain what this term meant, giving a full account of the extent to which a bishop's property was exempted from the jurisdiction of the judex publicus, and protected from the imposition of burdens and exactions.
Later in the same day, I likewise saw a friend of our Lord engrave the words, Judex injustus, and the name of Claudia Procles, on a greenlooking stone, which was behind the terrace called Gabbatha this stone is still to be found in the foundations of a church or house at Jerusalem, which stands on the spot formerly called Gabbatha. Claudia Procles became a Christian, followed St.
He lessened the severity of harsh judgments, he protested the imposition of unjust fines and penalties. In very many cases he was even appointed by the king or his representatives as co-judge to assist the judex or the missus in hearing cases where oppression or injustice was to be feared.
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.
That the influence of the bishop in affairs of state at this period was only of an individual, extra-official character can be seen also from the fact that the king considered the bishops themselves to be under his judicial jurisdiction in all secular matters, just as the lesser clergy came under the jurisdiction of the judices: and further, that after the election to a church, the decision of the judex must confirm the choice of the community in order to render it valid.
The ministerial or subordinate public judgment, which I call ordinary, is the judgment of every pastor or doctor, who, by reason of his public vocation and office, ought by his public ministry to direct and instruct the judgments of other men in matters of faith, which judgment of pastors and doctors is limited and restricted to the plain warrants and testimonies of Holy Scripture, they themselves being only the ambassadors of the Judge to preach and publish the sentence which he hath established, so that a pastor is not properly judex but index.
To these the judex, though the most prominent, cannot be said to form an exception. That he was the head of the district judicial system has in part been already shown, and will come out more clearly when we come to define the powers of some of his subordinates.
Their capacity for hearing the facts and declaring the right is blurred by the buzz of the bee of political aspiration and self-interest. "A Judge who belongs to this species can usually be classed as of the family Judex timidus, those whose ears are so great that they can never lift them from the ground, and when a mosquito hums in Covington their dreams of peace are disturbed in Frankfort.
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! Down flat, five, six, how many?
The judex of private law still retained his character of an arbitrator appointed by the consent of the parties, and it would have been improper to restrict this choice to a class defined by statute.
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