Page:The New International Encyclopædia 1st ed. v. 11.djvu/341

JUDE. the apparently sudden appearance of the Gnostics. The style of the author is clear and methodical, influenced largely by the apocalyptic type, with which he is at home. His thought, though mainly Jewish-Christian in tone, is not uninfluenced by the Pauline Christianity. His ethical feeling, with its prophetic emphasis on mercy and love, is vigorous and wholesome. Were it not for the words 'brother of James' in the first verse, we should be perplexed to know what Jude was meant, as there were many of that name in the first century. Assuming, however, the genuineness of the words, there is nothing in the rest of the letter which absolutely excludes the traditional ascription of authorship to Jude, the brother of the Lord; for the author still uses freely the Jewish apocalypses, and the Gnosticism is of an incipient, undeveloped character speculatively. There is no reference to the Temple, no reference to persecutions. A date between A.D. 70-80 after Nero and before Domitian is not improbable. That Jude is earlier than II. Peter may be confidently asserted. It is, however, an open question whether II. Peter borrowed from Jude or both independently from a third unknown apocalyptic source. Consult: Spitta, Der zweite Brief des Petrus und der Brief des Judas (Halle, 1885); Zahn, Einleitung in das Neue Testament (2d ed., Leipzig, 1900); Bigg, A Critical and Exegetical Commentary on the Epistles of Saint Peter and Saint Jude (International Critical Commentary, New York, 1901); Von Soden, Handkommentar zum Neuen Testament, vol. iii., part 2 (Freiburg, 1892); Kühl, Die Briefe Petri und Judæ (6th ed., Göttingen, 1897).  JUDE′A. See.  JUDEICH,, (1828-94). A German forester, born at Dresden and educated at Tharandt and Leipzig. He served in the Saxon and Bohemian forestry departments; and in 1862 became head of the new school at Weisswasser, whence four years after he returned to Tharandt as director. His most important work is the text-book Die Forsteinrichtung (5th ed. 1893); he edited the seventh and eighth editions of Eatzeburg's Die Waldverderber und ihre Feinde (1876 and 1885-95); and contributed to Lorey's Handbuch der Forstwissenschaft (1887-88). Judeieh edited the Forst- und Jagdkalender (1882 sqq.).  JUDGE (OF., Fr. juge, from Lat. judex, judge, from jus, law + dicere, to say). One who finds a judgment; especially a presiding magistrate in a court of justice. The proceedings of courts of justice may be: (a) to maintain the order of judicial procedure and make provision for the execution of judgments; (b) to find and interpret the legal rule or rules applicable to each case; (c) to determine what the facts in the case are, or at least what facts shall be taken to be proved.

While all these different functions frequently are discharged by a single authority, they frequently are separated. Representatives of the people, not otherwise connected with the administration of justice, are frequently charged with the decision of questions of fact, and sometimes with the decision of questions both of fact and of law. This last separation was regularly made in the Greek democracies, in the Roman Republic, and in the early German tribes. A magistrate who was not simply a judicial officer, but who also had duties of general administration, including, in some instances, military duties—an archon or prætor or prince or hundredman—presided over the administration of justice, but judgment was rendered by representatives of the people—by 'dikasts' or 'judices,' or (among the Germans) by all the freemen. Contrary to our modern usage, the term 'judge' was not regularly applied to the presiding magistrate, but to the representatives of the people who actually found the judgment. Among the Germans it was frequently applied to the 'wise men' or 'law-speakers' who suggested the judgment which the folk-moot approved or rejected. The term judge was not applied to the presiding magistrate by the Romans until, in the Imperial period, he had become judge of the law and the facts. The term began to be applied to the presiding official by the Germans when he began (in the Frankish Empire) to obtain a considerable degree of control over the findings of the popular court. The relatively modern usage of describing the presiding magistrate as judge even when, as in English criminal procedure, he has no control over the judgment, is connected with the change which has separated judicial from general administration.

With the establishment of a separate and independent judiciary, placed beyond the reach of governmental interference, it has been found practicable, in all countries except those of the English law, to intrust to the judges the power of decision on the facts as well as on the law in civil cases. In criminal cases, however, the system of popular judgment has not only maintained itself in English law, but, after disappearing for centuries, has been reestablished on the Continent of Europe. So recent, however, has been the introduction of the jury system in Continental procedure that the inquisitorial traditions of the intermediate period are still strong, and the judge, to English eyes, seems to combine judicial functions with those of a public prosecutor. Compare ;.  JUDGE, (1851—). An Irish-American Theosophist, born at Dublin. He came to the United States in 1864 with his father, practiced law in New York City from 1872 to 1880, and then founded, with and Colonel Olcott, the Theosophical Society of America. He had been trained in theosophical beliefs and now, as secretary of this society, traveled in South and Central America, the West Indies, and Europe. See.  JUDGE-ADVOCATE. The prosecutor on a general court-martial or military commission. In the United States the judge-advocate is usually detailed at the same time the authority for the convening of the court is issued, and, except in exceptional cases, is a member of the judge-advocate-general's department. In the British Army such duties devolve upon a specially detailed staff officer, or the prisoner's commanding officer. In district or regimental court-martials, the latter officer is usually represented by the regimental adjutant. The prisoner has the right to call on any regimental officer to speak in his behalf. See ; ;, under which latter heading the duties of the judge-advocate in courts-martial are discussed.