[Footnote 19: Lingard says, "The words, '_We will not destroy him, nor
will we go upon him, nor will we send upon him_,' have been very
differently expounded by different legal authorities. Their real meaning
may be learned from John himself, who the next year promised by his
letters patent ... nec super eos _per vim vel per arma_ ibimus, nisi per
legem regni nostri, vel per judicium parium suorum in curia nostra, (nor
will we go upon them _by force or by arms_, unless by the law of our
kingdom, or the judgment of their peers in our court.) Pat. 16 Johan,
apud Drad. 11, app. no. 124. He had hitherto been in the habit of
_going_ with an armed force, or _sending_ an armed force on the lands,
and against the castles, of all whom he knew or suspected to be his
secret enemies, without observing any form of law."--3 Lingard, 47
note.]
[Footnote 20: "_Judgment, judicium._ * * The sentence of the law,
pronounced by the court, upon the matter contained in the record."--3
_Blackstone_, 395. _Jacob's Law Dictionary. Tomlin's do._
"_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 and officers, whom they appoint to administer
justice in their stead."--_Chambers' Dict._
"_Judgment._ * * In law, the sentence or doom pronounced in any case,
civil or criminal, 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 Ruffhead'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; 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.
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