Forms: 4–6 iuge, 4–5 iugge, (4 iug, 5 iewge, ioge), 6–7 iudge, (7–8 judg), 7– judge. [ME. a. OF. juge = Pr. jutge; cf. Sp. juez, It. judice:—L. jūdicem (nom. jūdex), f. jū-s right, law + -dic-us speaking, speaker.
The F. and Pr. forms do not phonetically represent L. jūdicem, of which the F. repr. would be juze (cf. ouze, douze, treize); they are usually referred to a by-form judic-us, -um; though some explain them as conformed to the vb. juger:—jūdicāre.]
1. A public officer appointed to administer the law; one who has authority to hear and try causes in a court of justice.
As a generic or descriptive term, judge is applicable to any person occupying such an official position, but by usage, it has, in the United Kingdom, become much restricted as a particular designation. Collectively, the members of the Supreme Court of Judicature are ‘His Majesty’s Judges’; so we say ‘the Judges of the Supreme Court,’ ‘Common Law Judges,’ ‘Chancery Judges,’ ‘Equity Judges,’ ‘Judges of Assize or of the Circuit Courts’; but individually these are mostly styled (Lord, or Mr.) JUSTICE (q.v.). In Scotland, the Judges of the Court of Session and High Court of Justiciary are individually styled LORD. Certain judges have other special designations, as ‘President,’ ‘Recorder,’ etc. But the name is regularly given in England to the presiding officer of a County Court, who is officially styled ‘His Honour Judge A——.’ The persons presiding judicially in inferior courts are usually called ‘justices’ or ‘magistrates.’ In the United States ‘Judge’ is more widely applied to the presiding officer of any judicial court below the Supreme Court, in which the official name is ‘Justice’ (see b below); ‘Judge’ is also more used as a designation in some British colonies or dependencies. Historically, the name cleaves to certain noted persons as ‘Judge Gascoigne,’ ‘Judge Jeffreys.’
1303. R. Brunne, Handl. Synne, 5639. Before þe Iuge was he broghte.
1362. Langl., P. Pl., A. VIII. 171. Ȝe Meires and ȝe Maister Iuges … for wyse men ben holden.
1382. Wyclif, Luke xviii. 2. Sum iuge was in sum citee, which dredde not God, nether schamede of men.
a. 1400[?]. Morte Arth., 662. Bathe jureez, and juggez, and justicez of landes.
a. 1450. Cov. Myst., xxv. (Shaks. Soc.), 246. They arn temperal jewgys.
1530. Palsgr., 235/1. Judge of a towne, escheuin.
1596. Shaks., Merch. V., IV. i. 224. A Daniel come to iudgement, yea a Daniel. O wise young Iudge, how do I honour thee.
1612. Bacon, Ess., Judicature (Arb.), 450. Ivdges ought to remember, that their office is Ius dicere, and not Jus dare; to interprete law, and not to make law, or giue Law.
1823. Mrs. Markham [Eliz. Penrose], Hist. Eng. (1872), 365. The cruelties perpetrated in the king’s name by Judge Jeffreys and Colonel Kirk in the West of England have left a stain on their memories.
1844. Ld. Brougham, Brit. Const., xvii. (1862), 273. The analogy of the Common Law Bench has been followed in the case of all the other Equity Judges.
1849. Macaulay, Hist. Eng., viii. (1871), I. 518. Not a single Judge had ventured to declare that the Declaration of Indulgence was legal. Ibid. (1855), xxi. II. 566. The chiefs of the three Courts of Common Law and several other Judges were on the bench.
1856. Reade, Never too late, lii. It was revealed to me … says he, as grave as a judge.
1874. Green, Short Hist., II. vi. 93. The judicial visitations, the ‘judges’ circuits,’ which still form so marked a feature in our legal system.
1885. Miss Yonge, Eng. Hist. Reading-bk., III. 142. One story says that one of the Prince’s friends was carried before Judge Gascoigne.
b. With qualification, as circuit-judge, a judge of a circuit court; spec. in U. S. the judge appointed to preside alone, or with the district j., or a justice of the Supreme Court, over one of the nine circuits into which the country is divided; city (or municipal), county, district judge, local magistrates in U. S.; judge ordinary, spec. the judge of the Court of Probate and Divorce, previous to 1875; judge-advocate, judge-arbitral, judge in eyre, puisne judge, etc.: see ADVOCATE, etc.
1469. Sc. Acts Jas. III. (1597), § 26. Schireffes and vther Iudges Ordinar, quhilkis will not execute their office, and minister Iustice to the puir people.
1536. Bellenden, Cron. Scot. (1821), I. 29. He was chosin ane juge-arbitrall to discus certane hie debates falling amang his freindis of Ireland.
1748. J. Lind, Lett. Navy, ii. (1757), 81. Before the day of trial, the witnesses against the person to be tried give their evidence to the judge advocate, which he takes down in writing.
1748. Earthquake of Peru, i. 62. With the Assistance of a Judge-Conservator.
1752. J. Louthian, Form of Process (ed. 2), 63. The Prisoner may apply to any of the Lords of Justiciary, or Judge-competent.
1815. Wellington, Lett. to Earl Bathurst, 2 June, in Gurw., Desp., XII. 439. I find it scarcely possible to get on without some legal person in the situation of Judge Advocate.
1862. Latham, Channel Isl., III. xv. (ed. 2), 356. The absolute cessation of the Judges-in-Eyre of Normandy visiting the island.
1863. H. Cox, Instit., II. xi. 572. The judge Ordinary of the Court of Probate is constituted Judge Ordinary of the Divorce Court.
1875. Stubbs, Const. Hist., III. xix. 351. The pope had … appointed judges-delegate to hear the parties in England.
1889. Bryce, Amer. Commw. (ed. 2), xxii. I. 227. The Circuit court may be held either by the Circuit Judge alone, or by the Supreme court Circuit justice alone, or by both together, or by either sitting alone with the District judge. Ibid., I. 597. The city judges are … in most of the larger cities … elected by the citizens…. There are usually several superior judges … and a larger number of police judges or justices.
2. Used of God or Christ, as supreme arbiter, pronouncing sentence on men and moral beings. Cf. JUDGEMENT 4.
a. 1340. Hampole, Psalter vii. 12. God rightwis iuge stalworth and suffrand.
c. 1375. Sc. Leg. Saints, xxii. (Laurentius) 662. Þat þai come to þe Iug in hy.
c. 1400. Maundev. (Roxb.), xiii. 56. Before Godd þe souerayne Iugge.
1548–9. (Mar.) Bk. Com. Prayer, Te Deum, We beleue that thou shalt come to be our iudge.
1611. Bible, Gen. xviii. 25. Shall not the Iudge of all the earth doe right?
a. 1769. R. Riccaltoun, Notes Galatians, Wks. 1772, III. 46. God, the creator, sovereign, and judge.
1811. Heber, Hymn, ‘Lord of mercy & of might,’ v. Soon to come to earth again, Judge of angels and of men.
1880. Pusey, Min. Proph., 119. (Joel ii. 12) The strict Judge cannot be overcome, for He is omnipotent.
3. Hebrew Hist. An officer (usually a leader in war) invested with temporary authority in ancient Israel in the period between Joshua and the kings. b. pl. (in full, the Book of Judges): the seventh book of the Old Testament, containing the history of this period. [After L. jūdex as transl. Heb. shōphēt. The Book of Judges represents Liber Judicum, Hebraice Sophetim (i.e., Shōph’tīm) of the Vulgate.]
1382. Wyclif, Judg. ii. 16. The Lord areride iugis, that shulden delyuer hem fro the hoondis of wasters. Ibid., Ruth i. 1. In the days of oon iuge, whanne the iugis weren before in power.
c. 1460. Fortescue, Abs. & Lim. Mon., i. 1. The childeryn of Israell … were ruled bi hym [God] vndir Juges regaliter et politice.
1579. Fulke, Ref. Rastel, 756. In the Iudges, Manoah saide to the Angell … wee may offer to thee a kidde.
1602. Shaks., Ham., II. ii. 422. O Iephta Iudge of Israel, what a Treasure had’st thou?
Mod. The Song of Deborah and Barak is given in the fifth chapter of Judges.
4. A person appointed to decide in any contest, competition or dispute; an arbiter, umpire.
c. 1386. Chaucer, Knt.’s T., 1779. I wol be trewe Iuge and no partie.
a. 1548. Hall, Chron., Hen. IV., 12. That he woulde … be the discoverer and indifferente iudge … of their couragious actes.
1697. Dryden, Virg. Past., V. 136. The same that sung Neæra’s conqu’ring Eyes; And, had the Judge been just, had won the Prize.
1728. Pope, Dunc., II. 376. To him we grant our amplest pow’rs to sit Judge of all present, past, and future wit.
1882. J. Parker, Apost. Life, I. 140. No blind man will be appointed as a judge of pictures in the Academy.
Mod. He was one of the judges at a flower-show.
5. One who or that which judges of, determines or decides anything in question. Often in phr. to be judge = to judge, determine, form an opinion, give a decision.
c. 1470. Henry, Wallace, VIII. 54. Now God be juge, the rycht he kennys best.
1490. Caxton, Eneydos, xxvii. 104. The swete balle of the eye, whiche is the veraye receptacle interyor of lyght visible, and Iuge of the colours by reflection obgectyf.
1591. Shaks., Two Gent., V. iv. 36. Oh Heauen be iudge how I loue Valentine. Ibid. (1596), Merch. V., II. v. 1. Well, thou shalt see: thy eyes shall be thy judge.
1642. Fuller, Holy & Prof. St., III. vi. 165. The received custome in the place where we live is the most competent judge of decency.
1711. Shaftesb., Charac. (1737), I. 322. If Fancy be left judg of any thing, she must be judg of all.
1858. Carlyle, Fredk. Gt. II. IX. ii. 403. Approvable as a practical officer and soldier by the strictest judge then living.
† b. transf. A criterion. Obs. rare.
1662. Stillingfl., Orig. Sacr., I. vi. § 8. How could such a coppy be the Judge of all others, which could not be read or understood by those who appealed to it?
6. A person qualified to form or pronounce an opinion; one capable of judging or estimating.
1560. Daus, trans. Sleidane’s Comm., 3. That the understanding of all Scripture must be fetched at his hande, as of a mooste certen iudge.
1653. Walton, Angler, To Rdr. 2. I here disallow thee to be a competent judge.
1713. Steele, Englishman, No. 46. 302. I think my self a pretty good Judg of Mens Mien and Air.
1796. R. Bage, Hermsprong, xxv. I am no judge of the very handsome in men.
1836–9. Dickens, Sk. Boz, Parlour Orator. You, gentlemen, are the best judges on that point.
1891. E. Peacock, N. Brendon, I. 308. You are certainly not a good judge of character.
† 7. Applied to the rook or castle in chess. Obs. rare.
Judge is here Fitzherbert’s rendering of justitiarius, the name applied to the rook in the 13–14th-c. Latin treatise Moralitas de Scaccario secundum Innocentium tertium papam, which is the source of Fitzherbert’s chess-lore.
1523. Fitzherb., Husb., Prol. The boke of the moralytes of the cheese … deuyded in vi. degrees, that is to say, the kynge, the quene, the byshops, the knightes, the iudges, and the yomenne.
8. Angling. Name for a kind of artificial fly.
1867. F. Francis, Angling, xi. (1880), 430. The Judge … A very tasty fly.
9. Mining. ‘A staff used for gauging the depth of the holing’ (Gresley, Gloss., 1883).
1875. J. H. Collins, Metal Mining, Gloss., Judge, a staff used for underground measurements.
1881. Raymond, Mining Gloss., Judge.… A measuring-stick to measure coal-work under ground.
10. Comb., as judge-like adj. and adv.; judge-made a. (of law), constituted by judicial decisions; † judge-man, a judge.
1818. Scott, Hrt. Midl., xxv. I heard the *Judge-carle say it with my ain ears.
1670. Dryden, 1st Pt. Conq. Granada, I. i. Wks. 1883, IV. 35. *Judge-like thou sit’st, to praise, or to arraign.
1832. Austin, Jurispr. (1873), II. xxix. 549. The term *‘Judge-made law’ would seem to denote law made by subject judges, as opposed to law made by the sovereign Legislature.
1863. H. Cox, Instit., II. iii. 328. With respect to all judicial or judge-made law.
a. 1400–50. Alexander, 3402. Þe Iustis & þe gentils & *Iugemen of lawe.
c. 1440. York Myst., xxix. 1. Full arely the juggemen demed hym to dye.
1672. Wycherley, Love in Wood, II. i. Your Chamber-Wit or Scribble-Wit, and last of all, your *Judg-Wit or Critick.
