"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.
[21] Tomlin says, "The ancient practice was, when any such fine was imposed, to inquire by a jury quantum inde regi dare valeat per annum, salva sustentatione sua et uxoris et libe- rorum suorum, (how much is he able to give to the king per annum, saving his own maintenance, and that of his wife and children). And since the disuse of such inquest, it is never usual to assess a larger fine than a man is able to pay, without touching the implements of his livelihood; but to inflict corporal punishment, or a limited imprisonment, instead of such a fine as might amount to imprisonment for life. And this is the reason why fines in the king's courts are frequently denominated ransoms, because the penalty must otherwise fall upon a man's person, unless it be redeemed or ransomed by a pecuniary fine." Tomlin's Law Dict., word Fine.