JUDGMENT. 



the court upon the matter contained In the record ; aiidtliey Judgment may be given not only upon tlie trial of the 

 are of" four fiirts. ill. Where the fads are confcilcd by the iffue, but on a default, cor.feffion, demurrer, or an oiithnvry, 

 parties, and the lau- determined by the court ; as in cafe of wliich is a judgment in itfelf. After ifhie joined in a caufe, 

 judgment upon </«;;«/■;■£•(•. (SeeDE.MUKRKK.) 2dly. Where the plaintiff may, if he thinks proper, accept of a judgment 

 the law is admitted by the parties, and tlie fads difputcd ; from the defendant ; but on fuch a judgment, a writ of error 

 as in cafe of judgment upon a verdict. (See Vekdict.) may be had without putting in bail, which cannot be done 

 ^dly. Where both the fact and the law anfmg thereon are ona judgment after verdift. All judgments given in courts 

 admitted by the defendant ; which is the cafe of judgments of record mull be entered ; in order to which the plaintifPs 

 hy ccnfe/fiott or dcfa II h. (See thofe articles. ) 4thly. Where attorney, four days after the record is brought into court, 

 the plauuiff is convinced that either fad, or law, or both, are may, if the judgment is out, enter judgment by the ufua! 

 infufficient to fupport his adion, and therefore abandons or courfe of the court ; but he cannot do this fooner, becaufc 

 withdraws his profecution ; which is the cafe in judgments tb.e defendant mull have time to bring in a writ of error, or 

 upon a iwtifuit or irtraxil ; which fee. to find out matter foranarreil of judgment. The defendant 



The judgment, though pronounced or awarded by the may oblige the plaintiff to enter his judgment, in order that 

 judge.', is not tlicir determination or fentence, but the deter- he may plead it to any other adion ; and judgment upon a dc- 

 niination and fen;ence of the la<wi and, in fliort, it is the re- murrer to a declaration, &c. which docs not pafs upon the 

 niedy prefcribed by law for the redrefs of iiijuries ; and the merits of the caufe, is no bar to it, though other judgments 

 f'.iit or action is ihe vehicle or means of adminillering it. may be pleaded in bar to any adion brought again for the 

 What that remedy may be, is, indeed, the lefult of dL-hbe- fame thing. .ludgments are to continue till they are re- 

 ration and lludy to point out ; and therefore the ilile of the \crfed ; but an adion of debt will lie on a good judgment, as 

 judgment is, not that it is decreed or rcfolved by the court, well after a writ of error is brought, as before it. If a 

 for then ihe judgment mi<;ht appear to be their own ; but plaintifl docs not take out an execution within a year and a 

 " it is conhdered,' coujieleialum ejl per ciir'uim, that the 

 plaintiff ds recover his damages, his debt, his poireflion, and 

 thehke; which implies, that the judgment is none of their 

 o»'H ; but the ad of law, pronounced and declared by the 

 court, after due deliberation and enquiry. AUthefe fpecies 

 of judgments are either intcrheMloiy orjinal. For the former, 

 fee iNXiiULOCi Toi:v. //na/ judgments are fueh as at once 

 put an end to theaclion. by declaring that tiie piaintifl" has ei- 

 ther entitled himfelf, or has no'., to recover the remedy for court, if he 



whichhefues. In which cafe, if the judgment be for the plain- be awarded again (t him. And in cafe the defendant be found 

 titf, it is alfo confidered, that the deicndant be either amerced, guilty of a mifdemeanor, (the trial of which may, and 

 for his wilful delay of ju (lice in not immediately obeying the does ufually, happen in his abfence, after he has once ap- 

 king's writ by rendering the plaintiff his due (8 Rep. pearcd,) a capias is awarded and iflued, to bring him in to 

 40. 61.) ; or be taken up, capialiir, till he pays a fine to the receive his judgment ; and, if he abfconds, he may be profe- 

 king for the public mifdemeanor, which is coupled with the cutcd even to outlawry. (See AlfUKsT uj Judgment.) When 

 private injury, in all cafes of force (S Rep. jg. 11 Rep. 43. all refources fiiil, the court muft pronounce that judgment, 

 3: Mod. 285'.), of falfliood in denying his own deed, which the law hath annexed to the crime. Judgment, in cafe 

 ( F. N. B. 121. Co, Litt. 131. 8 Rep. 60. I Roll, of treafon or felony, mull be by an exprefs fentence, an out- 

 Abr. 219. Lill. Entr. 379. C. B. Hd. 4 Ann. lawry, or abjuraiion ; and no judgment can be inflided con- 

 Rot. 4^0.) or unjuilly claiming property in replevin, or of trary to law, or that is not appointed by ad of parliament, 

 contempt by difobeying the command of the king's writ or Thefe judgments are of very difltrent kinds, fomeare capital, 

 the exprefs prohibition of any llatute. (8 Rei>. 60 ) But extending to the life of the offender, and coniiiling generally 

 now, in cafe of trcfpafa, cjedmcnt, affault, and f;dfe impri- in being hanged by the neck till dead ; though in very 

 fonment, ii is provided by the llatute 5 & 6 W. & M. atrocious crimes other circumllances of terror, pain, or dif- 

 c. I 2., tliat no writ ofoipias (hall iffue for this line, nor any grace, arc fuperaddcd ; as in trcafons of all kinds, the offen- 

 fiiic be paid ; but (he plaintiff fhall pay (>s. Sd. to the proper der is fentenced to be drawn or dragged to the phce of exe- 

 officor, and be allowed it againfl. the defendant among his cution ; in high treafon affeding the king's perfon or govern- 

 other coils. And therefore upon fuch judgments, in the meiit, emboweliing alive, beheading, and quartering ; and 

 cpmmou pleas, they ufed to enter that the fine was remitted, in murder, a pnbhc difil'dion. In cafe of any treafon com- 

 and now in both courts they take no notice of any line or mitted by a female, the judgment is to be burned alive. But 

 eapitit at all. (Salk. 54. Carth. 390.) But if judgment the humanity of the Eiigliih nation has authorized, by a 

 be for the defendant, then in cafe of fraud and deceit tithe tacit confent, an almoll general mitigation of fuch part of 

 court, ormalicioi'.ior vexatious fuits, the plainti.ff may alfo thefe judgments as faviur of torture or cruelty; a (ledge or 

 be lined (S Rep. 51), 60.) ; but in mod cafes it is only con- hurdle being ufually allowed to fuch traitors as are condenuied 

 lidcred, that he and his pledges of profecuting be (nomi- to be drawn ; and there being few inftances (and thofe acci- 

 hally) amerced for his faife claim, pro falfo clamorefiio, and dental or by negligence) of any pcrfon's being embowelled 

 that the defendant may go thereof without a day, eat inde/ine or burned, till previoully deprived of fenfation by ilranghng. 

 <//., that is, without any fiirlher continuance or adjourn.nnent ; (See E.xecl rios of C riminals ) Some punifliments conlill 

 the king's writ, commanding his attendance, being now in exile or banifliment, by abjuration of the realm, or tranf- 



day after judgment is obtained, the judgment mull be 

 vivcd by vi. fare facias . 



JtDG.MENT yi;- Crimes, fuccceds trial and convidion, in 

 fuch crimes and mifdemcanors as are either too high, or too 

 low, to be included within the benefit of clergy. For when, 

 upon a eai;ital charge, the jury have brought in their vcr.did 

 guilly, in the prefence of the prifoner ; he is either imme- 

 or at a convenient time foon after, aiked by the 

 •■^g to offer, whyjudgii 



diatel 



why judgment fliould not 



fully fatislied, and his innocence publicly cleared. To 

 judgments colls are a neceffary appendage. See Co.>rs. 

 Blackft. Com. book iii. 



In every judgment there ought to be three perfons, aclor, 

 reus, and jude.K ; plaintiff or profeculor, defendant, and employ 



portation ; others in lofs of liberty, by perpetual or tempo- 

 rary imprifonment. Some extend to confifcation, by for- 

 feiture of lands, or moveables, or both, or of the profits of 

 land for life ; other.s induce a difability of holding offices or 

 beins heirs, executor.', and the like. Some, 



judge 



though rarely, occufion 



mutilation, or difinembering, by 

 4 E 2 - cutting 



