Legal Definitions - de executione judicii

De executione judicii refers to a historical legal document, specifically a type of writ, issued by a court. This writ served as a formal command, instructing a law enforcement officer, such as a sheriff or bailiff, to carry out or enforce a previously rendered judgment. Essentially, it was the court's official order to make a judgment a reality, ensuring that the court's decision was acted upon.

Here are some examples of how de executione judicii would have applied:

• Example 1: Enforcing a Monetary Judgment

  Imagine a scenario in medieval England where a baker successfully sued a wealthy landowner for a large unpaid debt for bread and pastries. The court ruled in favor of the baker, ordering the landowner to pay the outstanding sum. If the landowner refused to pay voluntarily, the baker would petition the court for a de executione judicii. This writ would then be issued, commanding the local sheriff to seize a sufficient amount of the landowner's property or assets (like livestock or valuable goods) to satisfy the debt and deliver the proceeds to the baker. This illustrates how the writ was used to enforce a financial judgment.

• Example 2: Recovering Possession of Land

  Consider a situation where a lord successfully brought a legal action against a tenant who had unlawfully refused to vacate a parcel of land after their lease expired. The court ruled that the land rightfully belonged to the lord and ordered the tenant to leave. If the tenant still remained on the property, the lord would obtain a de executione judicii. This writ would instruct the sheriff or bailiff to physically remove the tenant from the land and restore possession to the lord, thereby enforcing the court's judgment regarding property rights.

• Example 3: Compelling the Delivery of Specific Goods

  Suppose a merchant had a contract to sell a unique, handcrafted tapestry to a nobleman, but after receiving payment, the merchant refused to deliver it. The nobleman sued and won, with the court ordering the merchant to hand over the specific tapestry. If the merchant continued to withhold the item, the nobleman could seek a de executione judicii. This writ would empower the bailiff to go to the merchant's premises, retrieve the tapestry, and ensure its delivery to the nobleman as mandated by the court's judgment, demonstrating its use for enforcing specific performance.