pointed by the preetor to examine and decide that class of causes or actions termed “bone fidet,” and who had the power of judging according to the principles of equity, (ex equo et bono;) distinguished from the judez, (q. v.,.) who was bound to decide according to strict law. Inst. 4, 6, 30, 31.

question, for the purpose of hearing their contention, and giving judgment between them: to whose decision (award) the litigants submit themselves either voluntarily, or, in some cases, compulsorily, by order of a court.