JUDEX PEDA´NEUS
JUDEX PEDA´NEUS This term first occurs in the writings of the Roman classical jurists, being used by Ulpian, Paulus, and subsequent writers. It appears to have been introduced, not to denote a particular species of judex, but to distinguish a judex privatus from a magistratus, the magistratus being sometimes called judex, as the practice of his deciding cases himself without the intervention of a judex proper became more frequent. The word pedarii or pedanei was applied to senators or decuriones who had not attained the office of magistratus, and hence the expression judex pedaneus may have been derived (Gel. 3.18; Orell. Inscr. 3721 (Album Canusinum, 5.261), “duumviralicii, aedilicii, quaestoricii, pedani, praetextati” ). When the formulary procedure came to an end, and with it the institution of judices privati, the Praetor or Praeses, who was sometimes designated as judex ordinarius or judex simply (Cod. Theod. 1.7), generally decided civil actions himself; but in order to prevent him being overburdened with judicial work, a body of paid official judges, probably taken from the matriculated advocati of each court [ADVOCATUS], was appointed to assist him in trying such actions, who were called judices pedanei, “hoc est qui negotia, humiliora disceptent” (Cod. 3, 3, 5). Diocletian, A.D. 294, expressly allowed magisterial jurisdiction to be delegated to these judices, but at the same time he enjoined praesides generally to decide cases themselves, and only to make use of judices pedanei when it was absolutely necessary (Cod. 3, 3, 2). Julian, A.D. 362, prohibited praesides from appointing judices pedanei except in unimportant cases (Cod. Just. 3, 3, 5; Cod. Theod. 1.16, 8; Orelli-Henzen, 6431). The proceedings before this new kind of judices pedanei were the same as before the Praetor or Praeses. It would seem that they acted on each occasion when they were employed under a special commission from the magistrate, certain kinds of cases being delegated to them. The more general terms--judex datus a magistratu, judex delegatus, judex specialis--are sometimes used instead of judex pedaneus. These judges are also called arbitri, διαιτηταί. The Greek term for judex pedaneus is χαμαιδικαστής (Theoph. 4.15, pr.; Lydus, de Magistr. 3.8).(Cod. Just. 3, 3, de pedaneis judicibus; Nov. 82, περὶ τῶν δικαστῶν; Bethmann-Hollweg, Der römische Civilprocess, 2.71, 3.140; A. Pernice in Der Zeitsch. d. Sav. Stift. 103, &c.; Mommsen, Röm. Staatsrecht, ii.2 938).
[E.A.W]