JUDICIAL RELATION. THe several Notions referring to matters of Law and Courts of Judicature,* are comprehended under that which is styled JUDI∣CIAL RELATION, forensical, Court, Hall, extrajudicial.
These are distinguishable into such as concern
PERSONS. I. CAUSES and Actions. II. Faults. CAPITAL. III. NOT CAPITAL. IV. Punishments, CAPITAL. V. NOT CAPITAL. VI. *I. PERSONS considerable under this Head of Judicial Relation, may be distinguished into such as are either
More principal. Persons judging. Legally constituted; ‖ Principal: or Accessory. 1. JUDGE, Chancellour, Commissary, Censor, Moderator, Official, Iury, Inquest, Doom, Sentence, decide, determine, censure, Iudi∣catory, judicial, Court, Bench, Tribunal. ASSESSOR, Syndic, Bencher, Alderman, Canons, •rebends, Chapter, Fellows, assist, Sides-men. Voluntarily consented to by the parties; ‖ to determin the Suit: or cease the Enmity between them. 2. ARBITRATOR, Vmpire, Days-man, comprimize, Referree, award MEDIATOR, Incercessor, deal-between, intermediate, Mean. Persons judged; whether ‖ active: or passive; in Criminals. 3. ACCUSER, Informer, challenge, Endite-ment, charge, attaint, peach, empeach▪ arraign, tax, lay to ones charge, call in question, Presentment, Bill, prosecute, Promooter. PRISONER, or reputed Criminal, Delinquent, Malefactor, Defen∣dant. Iudicials. 4. PLAINTIF, Accuser, complain, blame. DEFENDANT, Apology, excuse, vindicate. Less principal; relating either to the Iudges; for ‖ Writing: or saying publicly. 5. NOTARY, Register, Remembrancer, Secretary, Clerk, Scribe, Protonotary, Rolls, en•oll. CRIER. Fetching: or keeping. 6. PURSEVANT, Messenger, Catchpole, Serjeant. MARSHAL, Keeper, Iailour. Parties; ‖ to advise and speak in behalf of either party: or to declare the truth indifferently betwixt both of them. 7. ADVOCATE, Counsel, Pleader, maintain, defend, vindicate, Lawyer, Barresier, Proctor, Clyent. WITNESS, Evidence, attest, testifie, Testimony, Affidavit.
II. To the more general words of Actions or PROCEEDINGS,*Cau∣ses, in Judicial Affairs, may be annexed those less general words of SUIT, Controversie, implead, commence, Case, Cause, Action, go to law, wage law, pre∣ferr a Bill, Barrester, Brabble.
These are either
Antecedent; on the part of the Plaintiff; in ‖ giving legal notice: or seizing on the person or goods of his Adversary. 1. CITATION, Subpoena, Process, call, warn, summon, Sumner, Appa∣ritor, Bailiff, Beadle. ARREST, attach, apprehend, distrein, seize, lay hold on, Embargo, Serjeant, Baily, Catchpole, Beadle, Replevy. Defendant; ‖ giving assurance of answering in Court: or coming him∣self, or by his Substitute, to answer it accordingly. 2. BAIL. APPEARANCE, forth-coming. Concomitant. Preparatory; by the Parties; ‖ active: or passive. 3. ACTION, Endictment, Bill, Process, arraign, implead, sue, com∣mence suit, wage law, Barretor. PLEA, Apology. Iudges; in their ‖ taking notice of and hearing the Cause: or making search into the merits of it. 4. COGNIZANCE, Hearing. EXAMINATION, Trial, sift out, Hearing Inquisition, interrogate, Scrutiny, scann, view, review, revise, canvase, gage, pumpe out. Decisive. Common; ‖ agreeing upon the state of the Question: or determining what the merit is. 5. JOYNING ISSUE▪ SENTENCING, Doom, Iudgment, Verdict, Censure, Decree, Or∣der, adjudge, decide, determin, award, definitive. Passive, in the parties; as they are found ‖ not to have transgressed the Law: or having transgressed it. 6. INNOCENT, clear, blameless, harmless, justifie-cation, vindicate, discharge, cleanse, purge, compurgation. GVI•TY, nocent, delinquent, peccant, convict, culpable, faulty, tardy, Offender, Transgressor, propitiate, expiate. Active, in the Iudge; pronouncing the party either ‖ free from: or obnoxious to Punishment. 7. ACQUITTING, absolving, assoil, clear, discharge, loosing▪ purging, quit, release. CONDEMNING, cast, damn. Consequent; in the Parties; ‖ expresly declining the Iudgment: or referring the Cause to some higher Iudicature. 8. PROTESTING. APPEALING. Iudges; by ‖ inflicting the Punishment: or freeing from it. 9. EXECUTING, inflict, suffer, Executioner, Hangman. PARDONING, forgiving, remit, release, venial, Indulgence, put up.
III CRIMES CAPITAL, (Enormity, facinorous, criminal, Malefa∣ctor.) such as are or ought to be punished with Death, may be distinguish∣ed into such Offences as are more immediately against
God and Religion; namely, the ‖ confederating with evil spirits; to which may be adjoyned for affinity (though not counted capital) the pre∣tending to discover secret, and foretel future things by foolish forbidden Arts. 1. WITCHCRAFT, Conjuring, Necromancy, Sorcery, Black-art, Magic, enchant, fascinate, fore speak, Charm Spell, Cunning-man. WIZARDING, Manteia, Divining, Gypsie, Fortune-telling, Sooth∣saying, Sorcery, Augury, Astrology, Geomancy, Pyromancy, Physiognomy, Cheiromancy, Palmistry, Sigil, Talisman. Man; whether A public person, or Magistrate. More general; implying ‖ declared hostility against him: or exposing him to his enemies. 2. TREASON, Traitor, betray. CONSPIRACY, betraying. More particular; ‖ a forcible opposing of him by Arms: or occasion∣ing some illegal tumultuous dissension in the Multitude. 3. REBELLION, Rising, Insurrection, Defection, Revolt, take head. SEDITION, Commotion, Combustion, Riot, Vproar, Mutiny, Tu∣mult, Hurly-burly, Scuffle, Stirrs▪ Quoil, Racket, Boute-feu, Incen∣diary, turbulent. Any private person; according to the General name; by which it is called in our English Laws. 4. FELONY. Particular kinds; distinguishable by their Objects, as being against Life; by taking it away illegally. 5. MURTHER, Assassin-ate, Homicide, Manslaughter, Massacre, Parricide, cut-throat, blood-thirsty. Chastity; by unnatural coition, either ‖ with Beasts: or Males. 6. BESTIALITY, Buggery. SODOMY, Buggery, Catamite. Estate; with respect to another's. Goods; taking them away either ‖ openly and forcibly: or secret∣ly and by craft. 7. ROBBERY, Rapine, Sacrilege, Thief, Bandito, Pyrate, Picke∣roon, pillage, take a purse. THEFT, steal, purloin, lurch, fi•ch, pilser, nim, surreptitious, Plagiary, Sacrilege, Cut-purse, Pick-pocket, light-fingered, Larceny. Habitation; ‖ by burning it: or breaking into it. 8. HOUSE-BURNING, Incendiary. BURGLARY, House-breaking.
IV. Crimes or FAULTS NOT CAPITAL,* may be distinguished into such as are
General; any action against ones Right, especially with contempt of the Per∣son. 1. INJURY, Wrong, Harm, Trespass, Hurt, Grievance, Abuse, Dammage. AFFRONT, Contumely, Outrage, Slur, Despite, Indignity, put a trick on. Special; against. Chastity; whether ‖ by a single: or a married person. 2. FORNICATION, Whore•dom, Courtesan, Concubine, Harlot, Trull. Punk, Leman, Quean, Drab, Strumpet, prostitute, deflour, stuprate, vitiate, wenching, Brothel, Stews, Bawd, Pander. ADULTERY, Concubine. Estate; General; ‖ by unjust getting: or keeping of another's Right. 3. USURPATION, incroach, intrench, grow upon, invade, intrude, thrust in. DETENTION, with-holding, keep back. Particular, as to the manner of it; by abusing Skill; in ‖ taking advantage of another man's ignorance, especially in actions of Commerce: or misusing his own skill in the falsi∣fying of a thing. 4. FRAUD, Deceit, Guile, Cozening, Delusion, Collusion, Illusion, dodge, trepan, over-reach, prevaricate, circumvent, go-beyond, impose, gull, beguile, defraud, Imposture, Knave, Rook, Cheat, Shift, Shark, cog, slur, wheedle, come over one, supplant. FORGERY, counterfeit, false, adulterate, sophisticate, coin, de∣vise, forge, falsifie, foisting, Interpolation, Impostor, supposititi∣ous, surreptitious. Power; by ‖ taking advantage of another man's necessity or impo∣tence: or exceeding the allowance of the Law. 5. OPPRESSION, Force, Violence, exact, overcharge▪ EXTORTION, Exaction, Rapine, Rapacity, wresting, wring, griping, ravin, poling, pilling. Course of Law; by endeavouring to corrupt ‖ the Officers of Iustice: or the Witnesses. 6. BRIBERY, Corruption, dawbing. SUBORNATION. Good name; endeavouring to render another Criminal; by accusations ‖ not true: or made unlawfully against an absent person. 7. CALUMNY, Obloquy, Slander, Aspersion, opprobrious, Detraction, False accusation, carping, belie, defame, disparage, traduce. BACKBITING, Libel, Tale-bearer, Tell-tale, Whispering, Pick-thank. Infamous; by objecting ‖ another's failings: or our own favours. 8. REPROCHING, nip, taunt, scoff, twit, Opprobry, obloquy, tax, traduce. UPBRAIDING, cast in one's teeth, exprobrate, twit. Odious: or ridiculous. 9. REVILING, rail, scold, brawl, Contumely, inveigh, invective, foul-mouthed, Cucking-stool. MOCKING, deride, flout, jeer, scoff, twit, gibe, quip, gird, frump, bob, taunt, wipe, jerk, Sarcasm, Pasquil, Irrision, Illu∣sion, Satyr, Burlesque, play upon.
V. By Punishment is meant the evil of Suffering, inflicted for the evil of Doing; to which may be adjoyned the loss or ••••inction of a man's Right in a thing which he formerly injoyed, styled FORFEITURE.
PUNISHMENTS CAPITAL are the various manners of putting men to death in a judicial way, which in several Nations are or have been either
Simple; by Separation of the parts; ‖ Head from Body: or Member from Mem∣ber. 1. BEHEADING, strike of ones head. QUARTERING, Dissecting. Wound. At distance; whether ‖ from Hand: or from Instrument, as Gun, Bow, &c. 2. STONING, Pelting. SHOOTING. At hand; either by Weight; ‖ of something else: or one's own. 3. PRESSING. PRECIPITATING, throwing or casting headlong. Weapon; ‖ any way: or direct upwards. 4. STABBING. EMPALING. Taking away necessary Diet: or giving that which is noxious. 5. STARVING, famishing. POISONING, Venom, envenom, virulent. Interception of the Air; at the Mouth; distinguished according to the place of the party, ‖ in the Air: or in the Earth 6. STIFLING, smoother, suffocate. BURYING ALIVE. Water: or Fire, 7. DROWNING. BURNING ALIVE. Throat; ‖ by weight of a man's own body:•r the strength of others. 8. HANGING. STRANGLING, throttle, choke, suffocate. Mixed of wounding and starving; the body being ‖ erect: or lying on a Wheel. 9. CRUCIFYING, Cross. BREAKING ON THE WHEEL.
VI. PUNISHMENTS NOT CAPITAL are distinguished by the things or subjects receiving detriment by them,* as being either of the
Body; according to the General name; signifying great pain. 1. TORTURE, Torment, excruciate. Special kinds; by Striking; with ‖ a limber: or a stiff Instrument. 2. WHIPPING, lashing, scourging, leashing, jerk, Rod, slash, Switch, stripe, Beadle. CUDGELLING, bastinado, baste, swinge, swaddle, shrubb, slapp, thwack. Stretching of the limms violently; the body being ‖ laid along for that purpose: or listed up into the Air. 3. RACK. STRAPPADO. Liberty; of which one is deprived by Restraint ‖ Into ‖ a place: or instrument for custody. 4. IMPRISONMENT, Incarceration, Durance, Custody, Ward, clap up, commit, confine, mue, Pound, Pinfold, Gaol our, Counter, Cage, Coop, Toleboth, Dungeon, Marshal, release, secure, set fast. BONDS, Fetters, Gyves, Shackles, Manicles, Pinnion, Chains. Out of a place or country; whether ‖ with allowance of any other: or con∣finement to one other. 5. EXILE, Banish-ment, exterminate, prescribe, eject, expel, out-lawed. RELEGATION. Repute; whether ‖ more gently: or more severely by burning marks in one's flesh. 6. INFAMATION, Ignominy, Pillory. STIGMATIZATION, Branding, Cauterizing, burning in the hand, Mark. Estate; whether ‖ in part: or in whole. 7. MULCT, Fine, amerce, sconce. CONFISCATION, Forfeiture. Dignity and power; by depriving one of ‖ his Degree: or his capacity to bear Office. 8. DEGRADING, deposing, depriving. INCAPACITATING, cashier, disable, discard, depose, disfranchize.