EXECUTION (from Lat. ex-sequor, exsecutus, follow or carry out)

This article appears in Volume V10, Page 62 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: EUD-FAT

EXECUTION (from Lat. ex-sequor, exsecutus, follow or carry out) , the carrying into effect of anything, whether a rite, a piece of music, an office, &c.; and so sometimes involving a notion of skill in the performance. Technically, the word is used in law in the execution of a deed (its formal

signing

SIGNING

and sealing), an execution (see below) by the sheriff's

officers

OFFICERS

under a " writ of execution " (the enforcement of a judgment on a debtor's goods); and execution of death has been shortened to the one word to denote

CAPITAL

CAPITAL (i.e. capital stock or fund)
CAPITAL (Lat. caput, head)

PUNISHMENT

PUNISHMENT (from Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)

(q.v.).
Civil Execution may be defined as the process by which the
judgments or orders of courts of law are made effectual. In Roman law the earliest mode of execution was the seizure, legalized by the actio per manus injectionem, of the debtor as a slave of the creditor. During the later Republic, imprisonment took the place of slavery. Under the regime of the actio per manus injectionem, the debtor might dispute the debtthe issue being raised by his finding a substitute (vindex) to conduct the case for him. By the time of Gains (iv. 25) the actio per manus injectionem had been superseded by the actio judicati, the

object

OBJECT

of which was to enable the creditor to take payment of the debt or compel the debtor to find security (pignus in causa judicati captum: Cautio judicatum solvi), and in A.D. 320

Constantine

CONSTANTINE

abolished imprisonment for debt, unless the debtor were contumacious. The time allowed for payment of a judgment debt was by the XII. Tables 30 days; it was afterwards extended to two months, and ultimately, by Justinian, to four months. The next stage in the Roman law of execution was the recognition of bankruptcy either against the will of the bankrupt (missio in bona) or on the application of the bankrupt (cessio bonorum; and see BANKRUPTCY). Lastly, in the time of Antoninus

Pius

PIUS

, judgment debts were directly enforced by the seizure and sale of the debtor's property. Slaves, oxen and implements of husbandry were privileged; and movable property was to be exhausted before recourse was had to

land

LAND

(see

Hunter

, Roman Law, 4th ed. pp. 1029 et seq., Sohm, Inst. Rom. Law, 2nd ed.
pp. 302-305).

End of Article: EXECUTION (from Lat. ex-sequor, exsecutus, follow or carry out)

If you wish, you can link directly to this article.

<a href="http://jcsm.org/StudyCenter/Encyclopedia/EUD_FAT/EXECUTION_from_Lat_ex_sequor_e.html">
EXECUTION (from Lat. ex-sequor, exsecutus, foll...
</a>

(Previous)
EXCRETION (Lat. ex, out of, cernere, cretum, to...

(Next)
EXECUTORS AND ADMINISTRATORS

JCSM was founded in 1997 and exists to help the community and bring people into a life-changing and productive relationship with Jesus Christ. JCSM offers over 200,000 free web pages, including its weekly inspirational emails that were sent continuously for over a decade.

Jesus Christ Saves Ministries
P.O. Box 9297
San Diego, CA 92169
1-888-887-0417 or Email