II 



. ...... . ... 



JUDEX, JUDICITTil. 



11 





The doctrine of po**ion 

 U matrrially 

 .,e.t7,eee. It. and in 



tar rtr~ 



4I7Bs.Vin..e.lO<afUa.,), 





 (.frequent, 



I trMty far atarrfere, that thr 



n adequate portion of hi* land* to 



the we of hhasetfsMd wlfafa Matarv, the* Is, M joint tenaaU for 

 fM, whereby a provWoa would he secured to the wife, if she 

 fHsJl uiaassBimsli la pohstof daiattoa whh the dower whicl 



for their 



point of 

 have (inn her. if the system of . 



had remained 



the SMSUII of Use* WM pmiil far transferring the 



net-i ew net . It WM considered unreasonable that 

 MM of the destraetion of MM b* entitled to eUim 



r to Iheb'hnebaads' bads, aad should at the MOM time enjoy a 

 for them la eonaidentioa that they were not so 

 sixth section of this statute therefore provided that 

 i la the nature of jointure* should not be 

 of the residue of their husbands' lands. 

 [Dow**.] 



malted to woman must, in order to be deemed a good 

 I a bar to dower under this statute, commence aad take 

 or in profit immediately on the death of the 

 ' It most also be for the life of the wife, or for some greater 

 It must be la sslhssiillisj of the whole dower, and not of a 

 part onlv. It most be aside before the marriage; for by the ninth 

 ssotioa. If the Mature be made during the marriage, the wife i* at 

 hsrtjr after the death of her husband to refuse the jointure and 

 demand her dower. If however the widow once accept such jointure, 

 she fa |ir| '* I'lrJ bound, even though the estate in jointure created 

 made subject to a condition, and is in that 

 i dower. 



r age at the time of her marriage, is bound 

 *, inasmuch M the bar of dower arising out 

 > Jointure is not a matter of contract (by which 

 i are aot bound), but proceeds upon the ground of the substitu- 

 tioaof a as* prariaioB made by the htuband, or on his behalf, under 



M M perpetually D nixi. e 

 ejBjrssV th* marriage be m 

 rMBMtteB bsnefakl thsa 



the authority of an art of parliament. It WM formerly considered that 

 the estate must bs directly limited to the wife herself, and not con- 

 veyed to nhst la trust for her ; but it is now settled that a tnut 

 estate is a good equitable Jointure in bar of dower. 



Warn sa estate -tail i* limited to a woman for her jointure, >he i* 

 restricted from alienation or discontinuance by 1 1 H :u,and 



M H. M ; on the other hand, U she be lawfully evicted 



from the whole or part of the jointure hods, she will be entitled to be 

 endowed of the residue of the lands of which, but for such jointure, 

 she wvald htve been dowabb, to the value of the land* of which she 

 . - -"- * k*. ^ 



I IBPJWlVOVl DT SHOO 



la eosMR^ttssjoe of the ptaotloal ineotrveaieDOM attending a limitation 

 of land by way of jointure, fc DM become ueual to create a rent- 

 MM* (that ie, en annuity charged upon bad with a power of distress) 

 far the Hie of the wife, with the power of dlatreM, and alao a power of 

 eatry, iHl b. U* right ..f entering upon the land charged and retain- 

 .or the i siHBliia oatfl th annuity la paid, and further protected by 

 4M>iMofthebBdtoatrnatM far a term of rean. Bach annuity 

 to be charged upon the had which would otherwbe 

 or ttfMJd noM jmrt of it. 



! qnaUy UMAoi-1 to UM widow tad to the Mr 

 mart arUin tooon* i* provided for the 

 " . . * , - . , 



*MsisA*MM> * tftu > t- 



WWBTWj aaVWJ MeV BVIr QT IIVWW 



eh end take utmhimlftUiaaaagaent of the whole ertate.' Thi. 

 i by way of annuity U frequently called the wife'a 



/%.; Baeon'iXer.) 



* ateMeaUon, not only the 



thelewaTbut"- 



sa 



Ms Ml dsressMMs* tin after the departure of the Israelites 

 pt awl their arrival at Mom* Masi, where the Supreme Being 

 to Moss* the whole system of the Jewish economy. Afte? 

 toa of Jsrasalssa b the Romans, aad the dfc^erefon of UM 

 the varies* ewurtrU of the world, all thoM law. which 



la 



' 



to those rail- 



m the Peutatemh, or whkh 

 r by lDculcati- of 

 .... 



of the 



let the Mnfara Jews (that is, of thow'who lived 

 to the time of (Met) i* gton in Allen's 



JUDKX, JUDl'CIUM. It I* of some importance to form a correct 

 notion of the terms jwfex and jndMum in the Roman writer*. 'I'll.- 

 Judifia were of two kind*, prirato aad p*Uun ; the former, having 

 relation to SjaltaK*, may be generally described M civil action* ; the 

 latter were of the nature of criminal prosecutions. 



IB the Judida Private the party complainant (ortor) came before 

 the pnrtor or other magistrate who had jurisdiction (juritdictie), sad 

 made his claim or complaint, to which the defendant (mu) might put 

 in a plea (eserptio). The prsetor then made an order by which lie 

 lefened the matter to Judice*, or Recujwratores, or Arbitri, whose 

 chief office WM to ascertain the fact* in dispute. The f -m 

 of the pnrtor, WM of the nature of a provisional decree : it stated the 

 matter at issue between the parties, and the judgment that was to 

 follow upon the determination of the facts. The plaintiff had t 

 his case, or the defendant to prove his plea, before the judice*. - 

 hues there WM only one judex. The speech of Cicero 'I'm I'uMio 

 (jiiintio ' WM made before a single judex, aided by assessors (cmtiliuiii.) 



The patron! or orators appeared before the judice* to support the 

 cause of their client*. The judicea were sworn to act impartially. 

 Witnesses were produced on each side, and examined orally; and it i< 

 clear from the remarks of Cicero (' Pro Oipcina,' c. 10), where he U 

 commenting on the evidence in the case of Occina, that he had cross- 

 examined and put to confusion an impudent witness on the other side 

 (see also the oration ' Pro Flacco,' u. 10). It is clear also from tin- 

 oration ' Pro Caxuna,' that the inquiry before the judices WM puMir. 

 Written document*, such M letters and books of account*, were pro- 

 duced before the judion by way of evidence. (Cicer. -cio.') 

 When the orator* had finished their speeches, the judices decided by a 

 majority. The form in which the judices pronounced tli 

 WM that of a judgment or decree. 



The difference between the judiciura And arbitrium WM this : in the 

 jndirinm, the claim, demand, or damages, was a sum fixed; in the 

 ;i; l.itrinm it WM a sum uncertain ; and this difference was attended 

 with certain variations in the procedure. Thi* is very clearly oipi eased 

 1 -\ < 'i.-ero (' Pro Q. Roseio,' c. 4). 



The judices were allowed to have assessors (rnnrilium) learned in the 

 law (jttru-miunlti), but they merely advised the judices, who 

 delivered the decision. In owe of doubt M to the law, the judices 

 might consult the magistrate under whom they were acting ; but as to 

 the matter* of fact, the judices were the sole judge*, and ruld take no 

 advice from the magistrate (' Dig.,' v. 1, 70). Ocllius (xiv. 2) gives an 

 amusing account of the difficulty which he felt on being Appointed a 

 jndex, an.l how he got rid of the business by declaring on oath, as the 

 > ! ways might do, that he could not come to any decision. 



Wo may presume that the judices were generally persons qualified 

 by a sufficient education, though they were not necessarily lawyer* ; 

 but it doe* not appear that they were named out of any determinate 

 class, and there is good reason for thinking that Kith parties generally 

 agreed upon the judices, or at leant had the power of rejecting 

 It would seem M if every Roman citizen WM considered compel, 

 discharge the functions of- a judex in civil actions, at lent mi.: 

 emperors : but this part of the subject i* not free from difficulty. 



Appeals from the decisions of the judices were not moDnmML 

 (UlpiMj, ' Dig.,' xlix. 1,1; Sca-vola, Dig,' xlix. 1, 28.) 



So far neems pretty well ascertained. Such being the qualification* 

 of the judices, and the magistrates who had jumdietio being only 

 annual functionaries, it appears that there WM no class of men among 

 the Romans, like our judges, who were the living interpreters of law 

 for a series of yean in succession. The juri-conulti *eemt<> 

 kept the Roman law together M a coherent body, and it is fr..m 

 their writing* alone that the 'Digest' U compiled. [JrsnxiAlc's 

 LBOMLATIO*.] 



A court is often mentioned by the Roman writers, the origin and 

 constitution of which, if '. .roughly ascert-i 



throw great light on the Roman judicial system, and indeed 

 Roman polity generally. We allude to the Judicium C 

 which in the earuer time* <.f th<- It. -public wo* * . ighty 



matters of law werederi gradually declined, but wo* 



restored by Augustus. The author of the dialogue ' Do Catuns Corrupt*) 

 Kloqusatisj ' speaks of it M most flourishing in hi" tin .roves 



it* former decay by observing that there WM not a single speech then 

 extant made by any great orator before thi* court, except one v 

 he mentions. Vet both L. Crassus and Q. Soaevola had plea 

 the Centnmviri. (Cio.. ' i. 89.) The origin, m: 



constitution of this body are not known, though some write 

 the number WM 105, three being chosen from each tribe. 

 ' CaotumviraUa.') But there were not thirty-five tribes till- 

 and therefore it might be inferred that the Centum viral body* 

 pentivejr recent date. However, this doe* not necessarily f< 

 the words of Fsstus ; sod besides, such so explanation may 1 

 more than his attempt to assign the origin of the c<> 

 able to trace It historically. The Centun 



a college of JvHfn, who dr. Private. Th 



which cam* before them were only anirma in rrm, or rimf 

 Mtfoaai m prr*mam, or actions founded on contracts or delict* : con- 

 sequently the matters brought before them were actions affecting 

 ownership, servitutes (easement*), will*, and intestacies. (Cicero, 'Do 

 Orafcire,' L 88, 89.) The Querela Inofficioej Testament! xtfrnn t 



ail i : 



..-I i 



iu\ 



ratiiK, r. 

 U.C. 518, 

 toon 

 lo*ft 



nothing 



i,,, i 

 matters 



