"Judgment is the decision or sentence of the law, given by a court
of justice or other competent tribunal, as the result of the
proceedings instituted therein, for the redress of an injury."
Bouvier's Law Dict.
"Judgment, judicium. * * Sentence of a judge against a criminal. *
* Determination, decision in general." Bailey's Dict.
"Judgment. * * In a legal sense, a sentence or decision pronounced
by authority of a king, or other power, either by their own mouth,
or by that of their judges andofficers, whom they appoint, to
administer justice in their stead." Chambers' Dict.
"Judgment. * * In law, the sentence or doom pronounced in any
case, civil orcriminal, by the judge or court by which it is tried."
Webster's Dict.
Sometimes the punishment itself is called judicium, judgment; or,
rather, it was at the time of Magna Carta. For example, in a statute
passed fifty-one years after Magna Carta, it was said that a baker,
for default in the weight of his bread, " debeat amerciari vel subire
judicium pillorie;" that is, ought to be amerced, or suffer the
punishment, or judgment, of the pillory. Also that a brewer, for
"selling ale contrary to the assize," "debeat amerciari, vel pati
judicium tumbrelli "; that is, ought to be amerced, or suffer the
punishment, or judgment, of the tumbrel. 51 Henry 3, St. 6.
(1266.)
Also the "Statutes of uncertain date," (but supposed to be prior to
Edward III., or 1326,) provide, in chapters 6, 7, and 10, for
"judgment of the pillory." See 1 Rughead's Statutes, 187, 188. 1
Statutes of the Realm, 203.
Blackstone, in his chapter "Of Judgment, and its Consequences,"
says, "Judgment (unless any matter be offered in arrest thereof) follows
upon conviction f being the pronouncing of that punishment which
is expressly ordained by law." Blackstone's Analysis of the Laws
of England, Book 4, Ch. 29, Sec. 1. Blackstone's Law Tracts, 126.
Coke says, "Judicium .. the judgment is the guide and direction of
the execution." 3 Inst. 210.
[17] This precedent from Germany is good authority, because the
trial by jury was in use, in the northern nations of Europe
generally, long before Magna Carta, and probably from time
immemorial; and the Saxons and Normans were familiar with it
before they settled in England.
[18] Beneficium was the legal name of an estate held by a feudal
tenure. See Spelman's Glossary.
[19]] Contenement of a freeman was the means of living in the
condition of a freeman.
[20] Waynage was a villein's plough-tackle and carts.
Public-domain text, read in full here on John Shaqi.
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