See also:

• JUDGE (Lat. judex, Fr. juge)

JUDGE (See also:

• LAT

Lat. judex, Fr. See also:

• JUGE, BOFFILLE DE (d. 1502)

juge)  , in the widest legal sense an officer appointed by the See also:

• SOVEREIGN

sovereign See also:

• POWER [WILLIAM GRATTAN] TYRONE (1797-1841)

power in a See also:

• STATE
• STATE, GREAT OFFICERS OF

state to administer the See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law; in See also:

• ENGLISH

English practice, however, justices of the See also:

• PEACE
• PEACE, BREACH OF THE

peace and magistrates are not usually regarded as " See also:

• JUDGES, THE BOOK OF

judges " in the titular sense . The duties of the See also:

• JUDGE (Lat. judex, Fr. juge)

judge, whether in a See also:

• CIVIL

civil or a criminal See also:

• MATTER

matter, are to hear the statements on both sides in open See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court, to arrive at a conclusion as to the truth of the facts submitted to him or, when a See also:

• JURY

jury- is engaged, to See also:

• DIRECT

direct the jury to find such a conclusion, to apply to the facts so found the appropriate rules of law, and to certify by his See also:

• JUDGMENT

judgment the See also:

• RELIEF

relief to which the parties are entitled or the obligations or penalties which they have incurred . With the judgment the See also:

• OFFICE (from Lat. officium, " duty," " service," a shortened form of opifacium, from facere, " to do," and either the stem of opes, " wealth," " aid," or opus, " work ")

office of the judge is at an end, but the judgment sets in See also:

• MOTION (Lat. motio, from movere, to move)
• MOTION, LAWS OF

motion the executive forces of the state, whose See also:

• DUTY (from " due," that which is owing, O. Fr. deu, dil, past participle of devoir; Lat. debere, debitum; cf. " debt ")

duty it is to carry it into See also:

• EXECUTION (from Lat. ex-sequor, exsecutus, follow or carry out)

execution . Such is the type of a judicial officer recognized by mature systems of law, but it is not to be accepted as the universal type, and the following qualifying circumstances should be noticed: (I) in See also:

• PRIMITIVE

primitive systems of law the judicial is not separated from the legislative and other governing functions; (2) although the judge is assumed to take the law from the legislative authority, yet, as the existing law never at any See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time contains See also:

• PROVISION (Lat. provisio)

provision for all cases, the judge may be obliged to invent or create principles applicable to the See also:

• CASE
• CASE, JOHN (d. 1600)

case—this is called by See also:

• BENTHAM, GEORGE (1800-1884)
• BENTHAM, JEREMY (1748-1832)

Bentham and the English jurists judge-made and judiciary law; (3) the separation of the See also:

• FUNCTION

function of judge and jury, and the exclusive See also:

• CHARGE
• CHARGE (through the Fr. from the Late Lat. carricare, to load in a carrus or wagon; cf. " cargo ")

charge of questions of law given to the judge, are more particularly characteristic of the English judicial See also:

• SYSTEM

system . During a considerable See also:

• PERIOD
• PERIOD (Gr. irepioSos, a going or way round, circuit, aepi, round, and &Sis, way, road)

period in the See also:

• HISTORY

history of See also:

• ROMAN

Roman law an entirely different See also:

• DISTRIBUTION (Lat. distribuere, to deal out)

distribution of parts was observed . The See also:

• ADJUDICATION (Lat. adjudicatio; adjudicare, to award)

adjudication of a case was divided between the magistratus and the judex, neither of whom corresponds to the English judge . The former was a public officer charged with the execution of the law; the latter was an arbitrator whom the magistrates commissioned to hear and See also:

• REPORT (O.Fr. report or raport, modern rapport, from O.Fr. reporter, mod. rap porter, Lat. reportare, to bring back, in poetical use only, of bringing back an account, news, &c.)

report upon a particular case . The following are points more specially characteristic of the English system and its kindred judicial systems: (I) Judges are absolutely protected from See also:

• ACTION

action for anything that they may do in the See also:

• DISCHARGE (adapted from the O. Fr. discharge, modern decharge, from a med. Lat. discargare, to unload, dis- and earn care, to load, cf. " charge ")

discharge of their judicial duties . This is true in the fullest sense of judges of the supreme courts . " It is a principle of English law that no action will See also:

• LIE, JONAS LAURITZ EDEMIL (1833—1908)
• LIE, MARIUS SOPHUS (1842–1899)

lie against a judge of one of the See also:

• SUPERIOR

superior courts for a judicial See also:

• ACT (Lat. actus, actum)

act, though it be alleged to have been done maliciously and corruptly." Other judicial See also:

• OFFICERS

officers are also protected, though not to the same extent, against actions . (2) The highest class of judges are irremovable except by what is in effect a See also:

• SPECIAL

special act of See also:

• PARLIAMENT (Anglo-Lat. parliamentum, Fr. parlement, from parler, to speak)

parliament, viz, a See also:

• RESOLUTION

resolution passed by both houses and assented to by the sovereign . The inferior judges and magistrates are removable for misconduct by the See also:

• LORD
• LORD (O. Eng. hldford, i.e. hldfweard, the warder or keeper of bread, hlIf, loaf; the word is not represented in any other Teutonic language)
• LORD, JOHN (1810-1894)

lord See also:

• CHANCELLOR (M. Eng. and Anglo-Fr. canceler, chanceler, Fr. chancelier, Lat. cancellarius)

chancellor .

(3) The judiciary in See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England is not a See also:

• SEPARATE

separate profession . The judges are chosen from the class of See also:

• ADVOCATES, FACULTY OF

advocates, and almost entirely according to their See also:

• EMINENCE (Lat. eminentia)

eminence at the See also:

• BAR
• BAR (0. Fr. barre, Late Lat. barra, origin unknown)
• BAR, CONFEDERATION OF
• BAR, FRANCOIS DE (1538-1606)
• BAR, THE

bar . (4) Judges are in England appointed for the most See also:

• PART

part by the See also:

• CROWN

crown . In a few cases municipal corporations may appoint their own judicial officer . See also LORD HIGH CHANCELLOR; LORD See also:

• CHIEF (from Fr. chef, head, Lat. caput)

CHIEF See also:

• JUSTICE (Lat. justitia)

JUSTICE ; See also:

• MASTER (Lat. magister, related to tnagis, more, as the corresponding minister is to minus, less; the English form is due partly to the O. Eng. maegister, and partly to O. Fr. maistre, mod. maitre; cf. Du. meester, Ger. Meister, Ital. maestro)

MASTER OF THE RoLLS, &c., &c., and the accounts of judicial systems under See also:

• COUNTRY (from the Mid. Eng. contre or contrie, and O. Fr. cuntree; Late Lat. contrata, showing the derivation from contra, opposite, over against, thus the tract of land which fronts the sight, cf. Ger. Gegend, neighbourhood)

country headings . JUDGE-See also:

• ADVOCATE (Lat. advocatus, from advocare, to summon, especially in law to call in the aid of a counsel or witness, and so generally to summon to one's assistance)

ADVOCATE-See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

GENERAL, an officer appointed in England to assist the . Crown with See also:

• ADVICE (Fr. avis, from Lat. ad, to, and visum, viewed)

advice in matters relatingto military law, and more particularly as to courts-See also:

• MARTIAL (MARCUS VALERIUS MARTIALIS)

martial . In the See also:

• ARMY
• ARMY (from Fr. armee, Lat. armata)

army the See also:

• ADMINISTRATION (Lat. administrare, to serve)

administration of justice as pertaining to discipline is carried out in accordance with the provisions of military law, and it is the function of the judge-advocate-general to ensure that these disciplinary See also:

• POWERS, HIRAM (1805-1873)

powers are exercised in strict conformity with that law . Down to 1793 the judge-advocate-general acted as secretary and legal adviser to the See also:

• BOARD (O. Eng. bord)

board of general officers, but on the reconstitution of the office of See also:

• COMMANDER

commander-in-chief in that See also:

• YEAR

year he ceased to perform secretarial duties, but remained chief legal adviser . He retained his seat in parliament and in 18o6 he was made a member of the See also:

• GOVERNMENT
• GOVERNMENT (0. Fr. governement, mod. gouvernement, O. Fr. governer, mod. gouverner, from Lat. gubernare, to steer a ship, guide, rule; cf. Gr. xv(3epvav)

government and a privy councillor . The office ceased to be See also:

• POLITICAL

political in 1892, on the recommendation of the select See also:

• COMMITTEE (from commute, an Anglo-Fr. past participle of commettre, Lat. committere, to entrust; the modern Fr. equivalent comite is derived from the Eng.)

committee of 1888 on army estimates, and was conferred on See also:

• SIR

Sir F . See also:

• JENNE

Jenne (afterwards Lord St Helier) .

There was no See also:

• SALARY

salary attached to the office when held by Lord St Helier, and the duties were for the most part performed by See also:

• DEPUTY (through the Fr. from a Late Lat. use of deputare, to cut off, allot; putare having the original sense of to trim, prune)

deputy . On his See also:

• DEATH

death in 1905, See also:

• THOMAS
• THOMAS (c. 1654-1720)
• THOMAS (d. 110o)
• THOMAS, ARTHUR GORING (1850-1892)
• THOMAS, CHARLES LOUIS AMBROISE (1811-1896)
• THOMAS, GEORGE (c. 1756-1802)
• THOMAS, GEORGE HENRY (1816-187o)
• THOMAS, ISAIAH (1749-1831)
• THOMAS, PIERRE (1634-1698)
• THOMAS, SIDNEY GILCHRIST (1850-1885)
• THOMAS, ST
• THOMAS, THEODORE (1835-1905)
• THOMAS, WILLIAM (d. 1554)

Thomas Milvain, K.C., was appointed, and the terms and conditions of the See also:

• POST

post were rearranged as follows: (I) A salary of £2000 a year; (2) the holder to devote his whole time to the duties of the post; (3) the retention of the post until the See also:

• AGE (Fr. age, through late Lat. aetaticum, from aetas)

age of seventy, subject to continued efficiency—but with claim to gratuity or See also:

• PENSION (Lat. pensio, a payment, from pendere, to weigh, to pay)

pension on retirement . The holder was to be subordinate to the secretary of state for See also:

• WAR
• WAR (O. Eng. werre, Fr. guerre, of Teutonic origin; cf. O.H.G. werran, to confound)

war, without direct See also:

• ACCESS (Lat. accessus)

access to the sovereign . The See also:

• APPOINTMENT, POWER OF

appointment is conferred by letters-patent, which define the exact functions attaching to the office, which practically are the reviewing of the proceedings of all See also:

• FIELD (a word common to many West German languages, cf. Ger. Feld, Dutch veld, possibly cognate with O.E. f olde, the earth, and ultimately with root of the Gr. irAaror, broad)
• FIELD, CYRUS WEST (1819-1892)
• FIELD, DAVID DUDLEY (18o5-1894)
• FIELD, EUGENE (1850-1895)
• FIELD, FREDERICK (18o1—1885)
• FIELD, HENRY MARTYN (1822-1907)
• FIELD, JOHN (1782—1837)
• FIELD, MARSHALL (183 1906)
• FIELD, NATHAN (1587—1633)
• FIELD, STEPHEN JOHNSON (1816-1899)
• FIELD, WILLIAM VENTRIS FIELD, BARON (1813-1907)

field-general, general and See also:

• DISTRICT

district courts-martial held in the See also:

• UNITED

United See also:

• KINGDOM

Kingdom, and advising the sovereign as to the See also:

• CONFIRMATION (Lat. confirmatio, from confirmare, to establish, make firm)

confirmation of the finding and See also:

• SENTENCE (Lat. sententia, a way of thinking, opinion, judgment; vote, sentire, to feel, think)

sentence . The deputy judge-advocate is a salaried See also:

• OFFICIAL (Late Lat. QJicialis, for class. Lat. apparitor, from officium, office, duty)

official in the See also:

• DEPARTMENT (Fr. departement, from departir, to separate into parts)

department of the judge-advocate-general and acts under his letters-patent . A separate judge-advocate-general's department is maintained in See also:

• INDIA
• INDIA, FRENCH

India, where at one time deputy judge-advocates were attached to every important command . All general courts-martial held in the United Kingdom are sent to the judgeadvocate-general, to be by him submitted to the sovereign for confirmation; and all district courts-martial, after having been confirmed and promulgated, are sent to his office for examination and custody . The judge-advocate-general and his deputy, being judges in the last resort of the validity of the proceedings of courts-martial, take no part in their conduct; but the deputy judge-advocates See also:

• FRAME

frame and revise charges and attend at courts-martial, swear the court, advise both sides on law, look after the interests of the prisoner and See also:

• RECORD (Lat. recordari, to recall to mind, from cor, heart or mind)

record the proceedings . In the English See also:

• NAVY

navy there is an official whose functions are somewhat similar to those of the judge-advocate-general . He is called counsel and judge-advocate of the See also:

• FLEET

fleet . In the United States there is also a judge-advocate-general's department . In addition to being a See also:

• BUREAU (a Fr. word from burel or bureau, a coarse cloth used for coverings)

bureau of military justice, and keeping the records of courts-martial, courts of inquiry and military commissions, it has the custody of all papers See also:

• RELATING

relating to the See also:

• TITLE (0. Fr. title, mod. titre, from Lat. titulus)

title of lands under the See also:

• CONTROL (Fr. contrdle, older form contre rolle, from Med. Lat. contra-rotulus, a counter roll or copy of a document used to check the original; there is no instance in English of the use of " control " in this, its literal, meaning)

control of the war department .

The officers of the department, in addition to acting as prosecutors in all military trials, sometimes represent the government when cases affecting the army come up in civil courts . See further MILITARY LAW, and consult C . M . Clode, Administration of Justice under Military and Martial Law (1872) ; Military Forces of the Crown (2 vols., 1869) .