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JUDICIUM CALUMNIE

Volume 11 · 239 words · 1823 Edition

was an action brought against the plaintiff for false accusation. The punishment, upon conviction, was insuetus frontis, or branding in the forehead. See Insustio.

Judicium Dei, Judgment of God, was a term anciently applied to all extraordinary trials of secret crimes; as those by arms, and single combat; and the ordeals, or those by fire, or red-hot ploughshares, by plunging the arm in boiling water, or the whole body in cold water; in hopes God would work a miracle, rather than suffer truth and innocence to perish. Si super defendere non positis, judicium Dei est, aqua vel fero, fieret de eo justitia.—These customs were a long time kept up even among Christians; and they are still in use in some nations. See Battel, Ordeal, &c.—Trials of this sort were usually held in churches in presence of the bishops, priests, and secular judges; after three days fasting, confession, communion, and many adorations and ceremonies described at large by Du Cange.

JUDICIUM PARITUM denotes a trial by a man's equals, i.e. of peers by peers, and of commoners by commons. In magna charta it is more than once insisted on as the principal bulwark of our liberties, but especially by chap. 29. that no freeman shall be hurt in either his person or property, nisi per legale judicium parium suorum vel per legem terrae. And this was even esteemed in all countries a privilege of the highest and most beneficial nature.