The Role of the Judge in the Formulary Procedure

In this article it is argued that in the formulary procedure the judge played a much more important role than is generally taken for granted. First, judges decided not only on factual matters but also on legal issues. Second, they were not 'laymen' but, considering their social position, they must have been well-versed in contemporary law. Third, their judgment could be very important for the development of Roman law, for instance when it involved the interpretation of a particular formula. On the basis of these arguments a new interpretation is given of Iav. D. 24.3.66 pr.