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An Essay on the Trial By Jury

Note 20 — Chapter II

Reading edition · Edition 2

"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.

Coke says, "Judicium ... the judgment is the guide and direction of the execution." 3 Inst. 210.

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