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36 - Of Judgments

from 2 - The Reformatio legum ecdesiasticarum

Published online by Cambridge University Press:  01 September 2018

Gerald Bray
Affiliation:
Beeson Divinity School, Samford University
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Summary

A judge who is not one's own becomes one's own by agreement.

The jurisdiction of any judge, other than one's own, who presides over the court or who has another jurisdiction, may be extended by the agreement of the litigants, but the agreement of private parties does not make a judge out of someone who presides over no jurisdiction, nor does what he decrees [for them] carry the authority of something which has been judged.

Extension may be secured not only expressly but silently as well. For if the litigators knowingly accept a judge who is not their own, they are understood to be extending his jurisdiction.

If someone accepts a certain judge, in his presence and in that of his opponent, in respect of some particular cause, he cannot reject him in it.

Someone who wants a kind of action to be published for him by a judge is not seen to have given his consent to that same judge.

Afier the death of a judge his successor shall proceed?

>When a judge dies his successor in the post may proceed retroactively according to the form, exactly as the one to whose post he has succeeded could have done.<

Of delegated [judges judgments].

When an ordinary judge forbids one of many delegates to judge, he is understood to be extending this prohibition to the others.

Qui iudices [esse] nequeunt [esse].

Non autem omnes homines indiscriminatim iudices [dari esse] possunt,. q/Quidam enim natura impediuntur, ut surdus, mutus, et perpetuo furiosus, et imputes quia iudicio carent. Quidam lege impediuntur, ut infames, quidam moribus, [186v] ut feminae et servi, non quia iudicium non habent, sed quia receptumest, ut civilibus non fungantur offìciis. Quidam [aetate], ut impubes, et minor octodecim annis, tales enim iudices esse non permittimus, etiam si ex consensu litigantium postulentur.

De recusatione iudicis.

Iudex etiam ordinarius potest recusari ex omni causa [per] qua[m] verisimiliter in favorem alterius partis inclinare praesumitur. Sed qui recusat, causas debet exponere ac verisimiles ostendere.

Si alter ex litigatoribus iudicem solum haeredem, vel ex parte [aut] executorem fecerit, alius iudex necessario sumendus est, quia iniquum est aliquem suae rei iudicem fieri.

Type
Chapter
Information
Tudor Church Reform
The Henrician Canons Of 1535 and the Reformatio Legum Ecclesiasticarum
, pp. 502 - 517
Publisher: Boydell & Brewer
Print publication year: 2000

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  • Of Judgments
  • Edited by Gerald Bray
  • Book: Tudor Church Reform
  • Online publication: 01 September 2018
  • Chapter DOI: https://doi.org/10.1017/9781787441187.041
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  • Of Judgments
  • Edited by Gerald Bray
  • Book: Tudor Church Reform
  • Online publication: 01 September 2018
  • Chapter DOI: https://doi.org/10.1017/9781787441187.041
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Of Judgments
  • Edited by Gerald Bray
  • Book: Tudor Church Reform
  • Online publication: 01 September 2018
  • Chapter DOI: https://doi.org/10.1017/9781787441187.041
Available formats
×