Legal Definitions - executione judicii

Executione judicii is a historical legal term. It refers to a formal command, known as a writ, issued by a higher court to a judge of a lower court. The purpose of this writ was to compel the lower court judge to either carry out a judgment that had already been decided in their court, or to provide a legitimate explanation for why the enforcement of that judgment had been delayed. This mechanism allowed a superior court to ensure that judgments were acted upon and justice was delivered without undue delay in the courts below it.

• Example 1: Medieval Manor Court Dispute

  Imagine a dispute over land boundaries between two villagers in a medieval manor court, presided over by the lord's steward (the judge of the inferior court). The steward rules that one villager must return a portion of land to the other. However, weeks pass, and the steward takes no action to enforce this ruling, perhaps due to local political pressure or personal bias.

  Illustration: The aggrieved villager could petition a higher royal court. This higher court might then issue an executione judicii to the steward of the manor court, demanding that he either enforce the judgment to return the land or explain his delay to the royal court.

• Example 2: Colonial-Era Debt Collection

  In a colonial town, a merchant successfully sues a debtor in the local magistrate's court for a significant unpaid sum. The magistrate issues a judgment ordering the debtor to pay, but then inexplicably delays issuing the necessary orders to seize the debtor's assets to satisfy the debt.

  Illustration: The merchant, frustrated by the lack of action, could appeal to a higher provincial court. That provincial court might then issue an executione judicii to the local magistrate, requiring him to proceed with the enforcement of the debt judgment or provide a compelling reason for his inaction.

• Example 3: Early Modern Petty Crime Restitution

  A defendant in a local borough court is found guilty of petty theft and ordered to pay restitution to the victim. The borough court judge, however, postpones the formal order for restitution multiple times, causing distress and further loss to the victim.

  Illustration: The victim could seek intervention from a higher circuit court. The circuit court, using an executione judicii, would then instruct the borough court judge to immediately enforce the restitution order or present a justifiable explanation for the repeated delays.