Page:Catholic Encyclopedia, volume 8.djvu/619

 JUDGES

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JUDGES

which above all belong the causce criminales graviores contra ei>iscopos — more serious criminal charges against bishops (c. i, X, De translat. episc, I, vii). Conformably to (his the diocesan bishop or his repre- sentative (tlie vicar-general, or officialis. or some other diocesan authority) is now the judge of the court of first instance, so far as common law has not withdrawn f roin him this jurisdiction (Council of Trent, Sess. XXIV, De ref., c. xx). It the see is vacant the vicar-capitular is judge of the court of first instance. The judge of the second instance is the metropolitan (c. Ixvi, X, De appell., II, xxviii). For archdioceses, as a rule, the judge of second instance is a neighbouring archbishop or bishop appointed by the Holy See (Concil. plenar. BaUimor., Ill, an. 1S84, n. 316; Leo XIII, "Trans Oceanum", 18 April, 1897, n. 14). The same ordi- nance also applies to exempt bishoprics (Sacr. Congr. pro negot. eccles. extraord., 11 September, 1906). The court of the third instance is the Apostolic See, but in the causce maiores it is the court of first instance. As, however, the pope is the judex ordinarius omnium, the ordinary ecclesiastical judge of all, ecclesiastical suits without exception can be brought or summoned before the papal forum as the court of first instance (Council of Trent, Sess. XXIV, De ref., c. xx; Vatic, Sess. Ill, De eccl., c. iii).

In the Middle Ages the lower courts were often evaded, or the popes summoned the suits at once be- fore their forum (c. Ivi, X, De appell., II, xxviii). This custom had some advantages on account of the better legal education and greater impartiality of the members of the papal court. On the other hand the administration of justice was delayed, and, above all, made more costly by the rule enforced in the papal courts that the parties must appear in person. What made the matter still worse was that such summonses to Rome, as to the court of first instance, diminish un- duly the authority of the lower courts. To put an end, therefore, to constant complaint on this point the Decretals (q. v.) ordained that in future, tefore the rendering of the sentence, no one could appeal to a higher court without giving a sufficient reason to the judge a quo (from whom the appeal was made), and that the appeal could not be accepted by the judge ad quern (to whom appeal lies) until after he had satisfied himself of the validity of the appeal (c. hi, X, De appell., II, x.xviii). Lawsuits, therefore, pending be- fore the Apostolic See were to be tried by a judge, belonging to the place whence the appeal came, and especially appointed by the pope (c. xxviii, X, De rescript., I, iii; c. xi, in VI'", De rescript., I, iii). In the late Middle Ages rulers of countries were frequently granted for their domains the papal privilegia de non evocando (exemption from summons); in some cases, also, they forbade the appeal to a foreign court.

Following the precedents of the Synods of Constance (Martini V Pap. et Germ. nat. concordata, c. iv, in Hardouin, "Acta. Cone", VIII, 891) and of Basle (Sess. XXXI, c.i, in Hardouin, "Acta. Cone", VIII, 1425), the Council of Trent (Sess. XXIV, De ref., c. XX, and Sess. XXV, De ref., c. x) decreed: The court of the bishop is the court of first instance. Each suit must be brought to a close within at least two years. During this period no appeal is permitted, neither can the higher judge summon the case before his forum. An appeal before the lapse of two years is permissible only if a final sentence has been pronounced. In case of appeal to the Apostolic See, or in case the latter, for good reasons, summons a suit from the beginning be- fore its forum, the suit is to be decided either at Rome or by delegated judges on the spot (judices in parti- 6hs). As, however, on account of the remoteness of the place where the dispute aro.se and the consequent lack of knowledge of local persons, unsuitable judges have been at times appointed at the place where the dispute arose, the bishops are each to select, on occa- sion of the provincial or diocesan synod, at least four

men (judices synodales:) having the quaUties desig- nated by Boniface VIII (c. xi, in VI'", De rescript., I, iii), and musi present tlioir names to the Apostolic See, which in ils selection of judges is to be so limited to the persons thus named that the delegation of any other person is invaliil. As provincial and tliocesan synods are no longer regularly held, bishops are permitted to make this selection with the advice of the chapter (Benedict XIV, "Quamvis paternse", 26 August, 1741). Consequently, judges so appointed are called judices prosynodales. At present, however, this also is no longer customary. On the contrary, the Apos- tolic See appoints its representatives in partibus en- tirely independently, but it is so arranged that the delegation is bestowed on neighbouring bishops and archbishops for a definite term of years. Such dele- gation is all the more necessary in case a State does not permit ecclesiastical suits to be tried outside of its boundaries, or will only permit the judgment of such a court to be executed within its territories by the secular power.

Bouix, Tractatus de judiciis ecdesiasticis, I (Paris, 18S5), 120 sqq.; Reiffenstdel, Jus canonicum universum (Paris, 1S64-70), I. xxxii sqq.; II, i sqq.; De Angelis, Prwlectwnes jurii canonici (Rome, 1877-91), II, i sqq.; Ferraris, Biblio- theca canonica (Rome, 1885-99), s. v. Judex; Lega, PrtBlectiones dc judiciis ecdesiasticis, I (2nd ed., Rome, 1905), n. 38 sqq.; Hergenrother-Hollweck, Lehrbuch des katholischen Kircken- Techts (Freiburg im Br., 1905), 495 sqq.; Ladrentius, Inslitu- tiones juris ecclesiastici (2nd ed., Freiburg im Br., 1908), n. 310 sqq. • S.iGMt'LLER, Lehrbuch des katholischen Ktrchenrechts (2nd ed., Freiburg im Br., 1909). 749 sqq.

JoH.tNNEs Baptist S.\gmuller.

Judges, the seventh book of the Old Testament, second of the Early Prophets of the Hebrew canon.

I. Title. — The Hebrew name of the book was D'DDIt;' (Balia Bathra, 14 b); it was transliterated by Origen -aipartlfi, and by St. Jerome Snplitini; it was translated by Melito and Origen Kpirai, by the Sept. 17 TUP KpiTuif ^I/3Xos or Tuy Kpnwv, so, too, by the Greek Fathers ; the Latins translated Liber Jiidicum or Jxidi- cum. The Hebrew verb meant originally " to act as a Divine judge", and was applied to God (Gen., xviii, 2.5), and to Moses, acting as the specially inspired law- giver and judge of Israel (Ex., xviii, 13, 16). In time the elders of the people became the "judges" (vv. 25, 26). In this book the term judges (shophelim) is applied to the leaders of Israel, and would seem to in- dicate that their right was Di\'ine (Judges, x, 2, 3). The office of judge differed from that of king only in the absence of hereditary succession (xii, 7-15). It is worth noting that the Phoenicians, according to Livy, called theirchief magistrate su/frtf.s (XXVIII, xxxvii), and gave to the suffetes of Carthage a power analogous to that of the Roman consul (XXX, vii; XXXIV, Lxi).

II. Contents. — (1) Introduction (i-ii, 5). A sum- mary of the conquest of Chanaan (i, 1-36). The angel of Jahweh reproves the tribes that made league with the .stranger (ii, 1-5). (2) The history of Israel under tlie judges (ii, 6-xvi), introduced by a summary of its contents — Israel's forsaking of Jahweh, turning to Baal and Astaroth, defeat by her enemies, and deliverance by Jahweh (ii, 6-iii, 6). Then follow the wonderful deeds of the judges, of whom Gedeon and Samson are the chief heroes; to them are devoted seven chapters. (3) Two more stories of the times of the judges — the migration of Dan and their idolatrous worship of the idol of Michas (xvii-xviii), the crime of the Benjamites and their punishment by Israel (xix-xxi). For fuller analvsis see Cornelv, "Introd. Spec, in Hist. V. T. Lib.", I, Paris, 1887, 209-14.

III. C.\NONiciTY. — The Book of Judges is admitted by all to belong to the canons of the Jews of Palestine, the Jews of the Dispersion (the Alexandrian canon), and the Christians. Only the authority of the in- fallible Church can determine the canon of Sacred Scripture, and define the inspired meaning of the Books. Hence Catholics, may not go the way of