13 



JUDGE. 



JUDGMENT. 



come before this court only. So far as is here stated seems to be 

 pretty clearly made out. A valuable essay on this subject by Hollweg 

 will give further information, and to this work, Tigerstrom's essay, ' De 

 Judicibus apud Romanes,' Zimmern's 'Rom. Civilist. Process : '_and 

 Muhlenbriich's notes to Heineccius's ' Antiq. Eom.' lib. iv. tit. vi., we 

 refer the student. 



It is not our purpose to treat at length of the Judicia Publica. They 

 were in the nature of criminal prosecutions, in which any person, not 

 disqualified, might be the prosecutor, and in which the verdict was 

 followed by a legal punishment. Judices were employed here also, 

 and were a kind of assessors to the magistrate, or the Judex Quscstionis, 

 who presided. Both the accuser and the accused, as it seems, might 

 challenge a certain number of the judices. Witnesses were examined 

 before them : slaves by torture, freemen orally. The judices, at leaat 

 in the more important matters, voted by ballot : each judex put into 

 the urn the tablet of Acquittal, of Condemnation, or the tablet N. L. 

 (on Kquel, " it is not clear "), according to his pleasure. The magistrate 

 pronounced the verdict according to the tablets which made a majority. 

 A lively picture of the intrigues and bribery which were not unusual 

 on such trials is given by Cicero in speaking of the affair of Clodius 

 and the Bona Dea (' Ep. ad Attic.,' i. 13, 16). The various changes 

 made as to the body from which the judices were chosen appear to 

 refer only to the judicia publica. [EQUITES.] 



There is a distinction between judicia publica, judicia popularia, 

 judicia extraordinaria, and judicia populi. 



The title " De Officio Judicis " in the ' Institutes ' (iv. 17) contains 

 merely general directions for the conduct of the judices. 



1 1 .-should be observed that this subject is not free from difficulty. 

 Wliiit is above stated must be taken only as correct in the main 

 features. Further inquiry is still wanted on several matters connected 

 with the functions of the judicea. Enough has been said to enable the 

 reader to compare the Roman judices with the modern jury, and to 

 show the difference of the institutions. 



(Gains, lib. iv. ; Heineccitis, Syntagma, <(<., by Muhlenbruch (1841); 

 Unterholzner, Ueber die Rale Cicero fur den Schauspieler Jlotcius, 

 Zeittchrift, &c., i. 248 ; and his remarks on the difference between the 

 tin and the atllii in perionam, with reference to the judicea; and 

 Heffter, Comment, in Gait lilirum quartum, D. 5, 1. D. 48. Inst. 4, 18.) 

 [INTKKDICT.] 



Dr. Pettingall's ' Enquiry into the Use and Practice of Juries among 

 the Creeks and Romans,' London, 1769, may be consulted as to the 

 functions of the Roman judices in the Judicia Publica. The author's 

 conclusions seem in the main to be correct, though bis essay is an ill- 

 arranged and unmethodical production. The ' Attische Process," by 

 Meier and Schomann, and the essay of Pettingall, may be consulted 

 with reference to the functions of the Attic DicasUe. 



JUDGE (from the French juge, which \ji from the Latin judex), is 



a man who presides in a court duly constituted, declares the law in all 



matters that are tried before him, and pronounces the sentence or 



judgment of the law. There are judges of the three Superior Courts 



of Law at Westminster, judges hi the Courts of Equity, judges in the 



Ecclesiastical and Admiralty Courts, and in the County and other 



Some judges are called recorders, and there are other names, 



but the name does not alter the nature of the office. Whtn " the 



" simply are spoken of, the judges of the superior courts of 



common law are meant. 



The judges of the superior courts are appointed by the crown. They 



lieu- office during good behaviour, and can only be removed by 



i wn on the address of both houses of parliament (13 Wm. III. 



c. 2). Formerly their commissions ceased upon the demise of the 



crown, but by the 1 Geo. III. c. 23, they continue to hold their 



office during good behaviour notwithstanding any demise of the 



crown, and their salaries are secured to them so long as they hold their 



office. 



By various acts of parliament retiring pensions of a determinate 



amount may be granted to the judges of the superior courts of law, 



and to the judges in equity. But to be entitled to the pension the 



must have held the office for fifteen years, unless bad health has 



tit. d tin-in froni holding office so long. 



_'e of courts of record [CoCBTs] are not liable to prosecution 



for anything done by them as judges. Nor are they liable to an action 



for :my error in judgment or for wrongful imprisonment, at least when 



ro acting within their jurisdiction. Judges are punishable for 



briU-ry, by losn of office, fine, and imprisonment. 



The powers and duties of judges would form the subject of an 

 elaborate treatise. It may be sufficient to observe thut in England the 

 judges of the superior courts are so well protected in the discharge of 

 the ir duty and so sure in their office, as to make them entirely inde- 

 nt of all political and private influence, and they are paid well 

 U to secure them against all temptation of lucre. Accordingly 

 an instance of misconduct in any judge of the superior courts of law, 

 judge who holds a high office, is now seldom or never hcmd tt, 

 ii that can be raised is, whether the most competent 

 is are always appointed, and whether persons are not sometimes 

 appoint d who, though not ulisolutely incompetent, are much less com- 

 thrm "tli.r*, and soin.-tinir.t hardly competent. The danger is 

 ration of public opinion, and also of tho 

 , so th.it the risk of a totally incompetent person 



being appointed is not great. The press in this way exercises a whole- 

 some but by no means sufficient check on the Lord Chancellor, by whom 

 nearly all the judges are now appointed. It would be impossible, not- 

 withstanding any burst of public or professional complaint, for any 

 chancellor, however much he might wish to shape his conduct to gain 

 public approbation, to recal an appointment, and a judge, once in office, 

 could not well, by resigning, admit the justice of the animadversions 

 made on his appointment. The evil thus necessarily incident to the 

 possession of unlimited patronage by the chancellor, and to which 

 public attention has been recently called, is inseparable from the 

 practical working of the constitution, and is probably a much less evil 

 than any other mode of appointment that could be suggested. 



JUDGES, THE BOOK OF (B'laQttJ : itptral, Acts xiii. 20), a book 

 of the Old Testament, which gives an account of the history of the 

 Israelites from the death of Joshua to that of Samson. Joshua did 

 not exterminate according to divine commandment all the nations of 

 Canaan, but allowed each tribe to settle in the district of laud allotted 

 to it before the termination of the war. Since the tribes were not 

 united by any national league, and were surrounded by powerful 

 enemies, they were frequently conquered by the neighbouring nations 

 and obliged to pay tribute. But they seldom remained in subjection 

 for any length of time; they still retained much of the valour by 

 which they were originally distinguished ; and their patriotic efforts 

 were usually directed or supported by a series of individuals, who were 

 remarkable either for craft, bodily strength, or daring valour. These 

 persons were called Shophetim, which is not very well translated by 

 our English word " Judges," since, with the exception of Deborah 

 (Judges, iv. 4, 5), none of them appeared to have exercised the judicial 

 office till the time of Eli, who was also high-priest. After they lwd 

 delivered then- countrymen from their oppressors, they usually retired 

 into private life. (Judges, viii. 23, 29.) The word would be better 

 translated Governors, or Rulers. The most prominent duty of Oriental 

 rulers is to be judges. The Carthaginians called their non-regal 

 governors by the same title, modified by the Latins into Suffete. 



The book of Joshua consists of two distinct parts. The first, after 

 an introduction on the state of the Israelites after the death of Joshua 

 (ch. i. ii.), gives an account of the exploits of the different judges from 

 Othniel to Samson (ch. iii.-xvi.) There were thirteen judges, excluding 

 Abimelech, who was made king by the men of Shechem (ix. 6), namely : 

 Othniel (iii. 9) ; Ehud (iii. 16); Shamgar (iii. 31); Deborah (iv. 4) ; 

 Barak (iv. 6); Gideon (vi. 11); Tola (x. 1); Jair (x. 3); Jephthah 

 (xii. 7) ; Ibzan (xii. 9); Elon (xii. 11); Abdon (xii. 13); Samson (xv. 

 20). The second part of the book (ch. xvii.-xxi.) gives an account of 

 an idol that was worshipped first in the family of Micah (ch. xvii.), and 

 afterwards in the tribe of Dan (ch. xviii.) ; and also a history of a bar- 

 barous act committed by the Benjamites of Gibeah, which led to i\. \\ -in- 

 between the tribe of Benjamin and all the other tribes, iu which the 

 former was nearly extirpated. 



Tho author of the book and the time in which it was written are 

 equally uncertain. Among the Jews there were many prophets who.-n- 

 names are not mentioned in Scripture, and the book was probably con- 

 tributed to by more than one, though it is commonly ascribed to 

 Samuel. Some have argued, from Judg. xviii. 30, that it could not 

 have been written till the time of the Babylonish captivity ; but, com- 

 paring this passage with 1 Sam. iv. 11, and Psalm Ixviii. 60, 61, it is 

 most likely that it refers only to the captivity of the Ark, and of a part 

 of the tribe of Dan, who were subjected to the Philistines. Tho last 

 five chapters, also, are clearly supplementary, and were probably added 

 about the time of Solomon. The book does not give a continuous 

 history of the people, and contains many things which could hardly 

 have been written by the same individual. Many of its narratives are 

 repeated in other books of the Old Testament. Compare Judg. iv, 2, 

 vi. 14, xi. 2, with 1 Sam. xii. 9-12 ; Judg. ix. 53, with 2 Sum. xi. 21 ; 

 Judg. vii. 21, with Is. ix. 4 ; Judg. vii. 25, with Ps. Ixxxiii. 11. Two 

 or three verses in the song of Deborah are copied almost word for 

 word in some of the Psalms. Compare Ps. Ixviii. 8, 9, xcvii. 5, with 

 Judg. v. 4, 5. 



The chronology of this book has occasioned considerable difficulty. 

 The period of the Judges is usually estimated at 299 years, in conse- 

 quence of a passage in the book of Kings (1 Kings vi. 1), in which it is 

 said that 480 years elapsed from the departure of the Israelites from 

 Egypt to the foundation of the Temple by Solomon ; though the ancient 

 versions are not all agreed, and the present Septuagint has 440 years. 

 St. Paul, on the contrary, gives 450 years as the period of the Judges. 

 (Acts, xiii. 20.) 



The canonical authority of this book has never been disputed. It is 



5 laced in all the Hebrew manuscript* immediately after the book of 

 oshua. It is quoted by Philo and Josephus, and also hi Acts, xxxii. 

 20, and in the Epistle to the Hebrews, xi. 32. 



(The Introduction sol Eichhorn, Jahn, De Wette, August!, and Home; 

 Harenberg,, Mntciltmg in dot Such der Hichter; Studer, Das Bucli 

 der Richter, t/ramma/ich ttnd histfjrisch erklart, 1835.) 



J UDGMENT is the sentence of the law pronounced by the court 

 upon the matter in the record, and the remedy prescribed by law for 

 the redress or punishment of injuries ; the suit or prosecution being 

 the vehicle by which tho injury is brought before the court. Judg- 

 ments are given under four heads of issues : on Demurrer, where the 



