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cutting off the hand, or ears ; others fix a lading ftigma on 

 the offender, by flitting the noftrils ; or branding in the hand 

 or cheek. Some are merely pecuniary, by ftated, or difcre- 

 tionary fines ; and laftly there are others, that confift prin- 

 cipally in their ignominy, though moft of them are mixed 

 with fome degree of corporal pain ; and thefe are inflifted 

 chiefly for fuch crimes, as either arife from indigence, or ren- 

 der even opulence difgraceful. Such are whipping, hard 

 labour in the houfe of correftion or otherwife, the pillory, 

 the (locks, and the ducking ftool. Blackft. Com. book iv. 

 Judgments for Debts are acknowledged by a perfon's 

 giving a general warrant of attorney to any attorney of the 

 court in which it is to be acknowledged, to appear for him 

 at the fuit of the party to whom the fame is to be done, 

 and to file common bail, receive a declaration, and then to 

 plead, non fum informatus, I am not informed ; or to let it 

 pafs by nihil dkit, he fays nothing ; upon which judgment 

 is entered for want of a plea. Judges that fign judgment 

 of lands, are to fet down the day of the month and year 

 in which they do it ; and they fhall be good againft pur- 

 chafers only from fuch figning. Where a perfon has 

 acknowledged a judgment for the fecurity of money, 

 and afterwards, on borrowing more money of another per- 

 fon, mortgages his lands, &c. without giving any notice of 

 the judgment to the mortgagee ; in fuch cafe, if the mort- 

 gager do not within fix months pay off and difcharge the 

 judgment, he fiiall forfeit his equity of redemption, 4 and J 

 Will, and Mary. Acknowledging a judgment in the name 

 of another perfon, without his privity or confent, is made 

 felony by 21 Jac. I. c. 26. 



Judgment, Jalm of Debt on, lies for a perfon who hath 

 once obtained a judgment againft another for a certain fum, 

 and who has neglcfted to take out execution upon it ; fuch 

 perfon, in his freth aftion, fliall not be put upon the proof 

 of the original caufe of aftion ; but, after (licwing the judg- 

 ment once obtained, flill in full force, and yet unfatislied, 

 the law immediately implies, that by the original contraft 

 of fociety the defendant hath contrafted a debt, and is 

 bound to pay it. This method feems to have b*en invented 

 when real aftions were more in ufe than at prefent, and da- 

 mages were permitted to be recovered thereon ; in order to 

 have the benefit of a writ of capias to take the defendant's 

 body in execution for thefe damages, which procefs was 

 allowable in an aftion of debt (in confequence of the ftatute 

 25 Edw. III. c. 17.), but not in aftions real. Wherefore, 

 fince the difufe of thefe real aftions, aftions of debt upon 

 judgment in perfonal fuits have been partly much difcoun- 

 tenanced by the courts, as being generally vexatious and op- 

 prefTive, by haraffing the defendant with the coils of two 

 aftions inllead of one. Blackft. Com. b. iii. 



Judgment, Jrrefl of. See Arrest. 



Judgment, AJftgning filfe. See Assign. 



JuDG.MENT of God. See Judicium Dei. 



Judgment, Execution of. See Execution, &c. 



JuDG.MENT, Mafs of. See Mass. 



Judgment, Property by. A judfjment, in confequence 

 of fome fuit or action in a court of juftice, is frequently the 

 means of vefting the right and property of chattel intercfts 

 in the prevailing party. In this cafe we muft diftinguifh 

 between property, the right of which is before veiled in the 

 party, and of which ody pojfejfion is recovered by fuit or 

 aftion ; and propertj", to which a man before had no deter- 

 minate title or certain claim, but he gains as well the right 

 as the poftefTion by the procefs and judgment of the law. 

 Of the former fort are all debts and chofes in aftioi; ; as if 

 a man gives bond for 20/., or agrees to buy a horfe at a 

 (lated fum, or takes up goods of a tradefman upon an im- 



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plied contraft to pay as much as they are reafonably worth ; 

 in all thefe cafes the right accrues to the creditor, and is 

 completely vefted in him at the time of the bond being 

 fealed, or the contraft or agreement made ; and the 

 law only gives him a remedy to recover the poflefTion of that 

 right, which already in juftice belongs to him. But there 

 is alio a fpecies of property, in which a man has not any 

 claim or title whatfoever, till after fuit commenced and judg. 

 ment obtained in a court of law ; where the right and the 

 remedy do not follow each other, as in common cafes, but 

 accrue at one and the fame time ; and where, before judg- 

 ment had, no man can fay that he has any abfolute property, 

 either in poffeflion or in aftion. Of this nature are fucli 

 penalties as are given by particular (latutes, to be recovered 

 on an aftion popular ; or, in other words, to be recovered 

 by him or them who vi'ill fue for the fame ; in which cafe a 

 fuit and judgment at law are not only the means of recover- 

 ing, but alfo of acquiring property. Another fpecies of 

 property, that is acquired and loft by fuit and judgment at 

 law, is that of damages given to a man by a jury, as a com- 

 penfation and fatisfaflion for fome injury fuftained ; as for 

 a battery, for imprifonment, for ilander, or for trefpafs. 

 Here the plaintiff has no certain demand till after verdidl ; 

 but when the jury has afteffed his damages, and judgment 

 is given thereupon, whether they amoimt to 20/. or 20s., he 

 inllantly acquires, and the defendant lofes at the fame time 

 a right to that fpccific fum. To this kind of property may 

 alfo be referred all title to cofts and expences of fuit. 



Judgment, Villainous. See Villainou.s. 



JUDICATURE, the quality or profeiFion of thofe who 

 adminifter juftice. 



In which fenfe judicature is a kind of priefthood. In 

 France, officers of judicature are venal. 



Judicature is alfo ufcd to fignify the extent of the 

 jurifdidion of the judge, and the court wherein he fits ta 

 render juftice. 



JUDICE— Coivjm non Judice. See Coram. 



JUDICIAL. See Extrajudicial. 



Judicial Aflrology. See Astrology. 



Judicial Oratory. See Oratory. 



Judicial ll^rits. See Writ. 



JUDICIALIS Lex. See Lex. 



JUDICIARY Astrology. See Astrology. 



Judiciary Depofit. See Deposit. 



JUDICIO Falso. See Falso. 



JUDICIUM Assis.^;. See Assize. 



Judicium Cn/cis. See Judgment of the Cross. 



Judicium Dei, Judgment of God, was a term anciently ap- 

 plied to all extraordinary trials of fecret crimes ; as thofe 

 by arms and fingle combat, and the ordeals ; or thofe by 

 fire, or red-hot plough-fliares ; by plunging the arm in boil- 

 ing water, or the whole body in cold water ; in hopes God 

 would work a miracle rather than fufFer truth and inno- 

 cence to perifli. 



" Si fuper defendere non poflit, judicio Dei, fcil. aqua vcl 

 ferro, fieretde cojuftitia " 



Thefe cuftoms were a long time kept up, even among 

 Chriftians ; and they are ttill in ufe in fome nations. See 

 Ordeal, Water, Combat, Duel, and Champion. 



Trials of this fort were ufiially held in churches, in pre- 

 fence of the bilhops, priefts, and fecular judges ; after three 

 days falling, confefTion, communion, and many adjurations 

 and ceremonies, dcfcribed at large by Du Cange. 



Judicium Parium denotes a trial by a man's equals, i. e. 

 of peers by peers, and of commoners by commoners. In 

 magna charta it is more than once infifted on as the principal 

 bulwark of our liberties, but efpecially by chap. 29, that 



