a. and sb. [ad. L. jūdiciāl-is, f. jūdici-um judgment: see -AL. Cf. OF. judicial (in Gower), later -iel.] A. adj.
1. Of or belonging to judgment in a court of law, or to a judge in relation to this function; pertaining to the administration of justice; proper to a court of law or a legal tribunal; resulting from or fixed by a judgment in court. (Also fig. in reference to God, conscience, etc.)
Judicial murder, murder (or what is asserted to be such) wrought by process of law; an unjust though legal death sentence.
1382. Wyclif, Neh. iii. 30. Unto the hous of sodeknys, and of the men sellende sheldis aȝen the judicial ȝate.
a. 1420. Hoccleve, De Reg. Princ., 2683. He bad men fla hym quyk out of his skynne, And þer-with keuyr þe iudicial see.
c. 1530. L. Cox, Rhet. (1899), 71. Oracyons iudiciall be, that longe to controuersies in the lawe, and plees.
1580. Hollyband, Treas. Fr. Tong, On se sied en ingement, they sit at the Iudiciall seat.
1615. G. Sandys, Trav., 6. Where all causes are adjudged, both criminall and judiciall.
1675. Baxter, Cath. Theol., II. 239. Most Protestant Divines … say that Justification is a Judicial Sentence of God as Judge?
1767. Blackstone, Comm., II. xxx. 461. A series of judicial decisions, which have now established the law in such a variety of cases.
1844. H. H. Wilson, Brit. India, III. 290. The association of the legislative and judicial power was open to obvious objection.
1858. Ld. St. Leonards, Handy-bk. Prop. Law, xii. 73. Judicial separation is a new term introduced for the old divorce a mensá et thoro.
1861. J. Paget, Puzzles & Par. (1874), 147. The many judicial murders which disgraced that period of our history.
1882. Gladstone, Sp. in Ho. Comm., 22 July. A judicial rent was a rent fixed according to the judgment of a judicial body, a dispassionate and impartial body between man and man.
b. Enforced by secular judges and tribunals: in judicial law, opp. to moral and ceremonial.
1551. T. Wilson, Logike (1580), 5 b. The Morall Lawe standeth forever,… The Iudiciall lawe is next, the whiche … we be not bound to observe as the Israelites were.
1650. Hobbes, De Corp. Pol., 190. Thou shalt not steal, is simply a Law; but this, He that stealeth an Ox, shall restore four-fold, is a Penal, or as other call it, A Judicial Law.
1651. Baxter, Inf. Bapt., 102. A meer Judiciall Law proper to the Jewish Common-Wealth.
1819. R. Hall, Wks. (1841), V. 327. The laws given to the Israelites were of three kinds—ceremonial, judicial, and moral.
c. Theol. Inflicted by God as a judgment or punishment; of the nature of a divine judgment.
1613. Purchas, Pilgrimage (1614), 151. That first Anathema and iudiciall curse … denounced against the Samaritans for hindering the worke of the Temple.
1792. Burke, Pres. State Affairs, Wks. VII. 113. What is called a judicial blindness, the certain forerunner of the destruction of all crowns and Kingdoms.
1815. Southey, in Q. Rev., XIII. 275. Almost it seems as if he, and the flagitious army by which he is supported,… were stricken with judicial blindness.
1849. Macaulay, Hist. Eng., viii. II. 277. An infatuation such as, in a more simple age, would have been called judicial.
d. Judicial factor (Sc. Law): ‘a factor or administrator appointed by the Court of Session on special application by petition, setting forth the circumstances which render the appointment necessary’ (W. Bell, Dict. Law Scot., 1861): see FACTOR 5.
1849. Act 12 & 13 Vict., c. 51 § 1. The Expression ‘Judicial Factor’ … shall mean Factor loco tutoris, Factor loco absentis, and Curator bonis.
1861. W. Bell, Dict. Law Scot., 484/1. Before a judicial factor can obtain his discharge, the Court must be satisfied that he has faithfully performed his duty.
1894. Daily News, 6 June, 8/6. Charged … with stealing 1,1001. from two estates on which he was judicial factor.
2. Having the function of judgment; invested with authority to judge causes.
1561. T. Norton, Calvin’s Inst., III. xii. § 1. We purpose not to speake of the righteousnesse of a worldly iudiciall courte, but of the heauenlye iudgement seat.
1601. Sir W. Cornwallis, Disc. Seneca (1631), 4. Yet cannot these present their griefes to judiciall men.
1769. Junius Lett., xxii. 103. The returning officer is not a judicial, but a purely ministerial officer.
1863. H. Cox, Instit., I. iii. 15. Parliaments were originally judicial as well as legislative assemblies.
b. Judicial combat (duel), one engaged in for formal decision of a controversy.
1820. Scott, Ivanhoe (1821), III. xiii. 327. Some good work, such as the burning of a witch, a judicial combat, or the like matter of godly service. Ibid. (1828), F. M. Perth, xxv. That the pretended judicial combat was a mockery of the divine will, and of human laws.
1834. L. Ritchie, Wand. by Seine, 56. The practice of private duels grew naturally out of judicial combats.
1882. H. Spencer, Princ. Sociol., § 522. Judicial duels (which were the authorized substitutes for private wars between families) continued in France down to the close of the 14th century.
c. Judicial Committee of the Privy Council: one of the two Appellate Tribunals in Great Britain, established in 1832 for the disposal of appeals made to the King in Council.
These are chiefly appeals from the Colonial and Ecclesiastical Courts. Other appeals formerly made to the King in Council now come before the Court of Appeal as constituted by the Judicature Acts.
1841. Penny Cycl., XIX. 24. By 3 and 4 Wm. IV., c. 41, the jurisdiction of the privy council is further enlarged, and there is added to it a body entitled ‘the judicial committee of the privy council.’
1863. H. Cox, Instit., II. vii. 485. Besides the House of Lords, there is another supreme tribunal of appeal—the Queen in Council, whose judicial functions are delegated to the Judicial Committee of the Privy Council. The jurisdiction of the Committee is exercised principally to review judgments of the Colonial, the Ecclesiastical, and the Admiralty Courts.
1872. J. Irving, Ann. Time, 985/2. (23 Feb. 1871) The Judicial Committee of the Privy Council give judgment in the appeal of the Rev. Mr. Purchas, known as the ‘Brighton Ritual Case.’
3. Of a judge; proper to a judge.
1800. Asiat. Ann. Reg., Proc. E. Ind. Ho., 58/2. [These men] somewhat similar to aldermen in London … did lately send a memorial desiring judicial salaries.
a. 1832. Mackintosh, Life More, Wks. 1846, I. 409. That concentration of authority in the hands of the superior courts at Westminster, which contributed indeed to the purity and dignity of the judicial character.
1856. Froude, Hist. Eng. (1858), I. ii. 135. A political difficulty … was laid before the pope in his judicial capacity, in the name of the nation.
1888. Bryce, Amer. Commw., II. II. xlii. 120. What is called, even in America where robes are not worn, the ‘purity of the judicial ermine.’
4. Giving judgment or decision upon any matter; forming or expressing a judgment; disposed to pass judgment; relative to judgment; critical.
1589. Nashe, Pref. Greene’s Menaphon (Arb.), 8. More iudiciall in matters of conceit, than our quadrant crepundios, that spit ergo in the mouth of euerie one they meete.
1632. Deloney, Thomas of Reading, in Thoms, E. E. Prose Rom. (1858), I. 135. It becommeth not me to controule your iudiciall thoughts.
1841–4. Emerson, Ess. Over-Soul, Wks. (Bohn), I. 119. The intercourse of society … is one wide, judicial investigation of character.
1846. Sumner, Pickering, in Orat. & Sp. (1850), II. 459. His mind was rather judicial than forensic in its cast.
1896. N. & Q., 8th Ser. IX. 160/2. The Quarterly Review has for many years been distinguished for its judicial fairness.
b. Pertaining to the judgment of the reputed influence of the heavenly bodies upon human affairs. Judicial astrology: see ASTROLOGY 1 b.
c. 1391. Chaucer, Astrol., II. § 4. Theise ben obseruauncez of iudicial matiere & rytes of paiens, in which my spirit ne hath no feith, ne no knowyng of hir horoscopum.
1475. Bk. Noblesse (Roxb.), 60. The noble science of suche judicielle mater in causis naturelle concernyng the influence of the bodies of hevyn.
1560. [see ASTROLOGY 1 b].
1642. Fuller, Holy & Prof. St., II. vii. 74. As for judiciall Astrology (which hath the least judgement in it) this vagrant hath been whipt out of all learned corporations.
1728. Pemberton, Newton’s Philos., 7. Addicted to judicial astrology … and to such-like superstitions.
1827. Bentham, Ration. Evid., Wks. 1843, VII. 210. Among alchymists and judicial astrologers there have been those who have been dupes to the impostures by which they profited.
† c. Med. That determines the issue, or belongs to the crisis, of a disease: = CRITICAL 4. (Sometimes with combination of prec. sense.) Obs.
1544. Phaër, Regim. Lyfe (1553), G j b. If the iaundis … appeare in the vj day, beyng a day iudicial or cretike of the ague,… it is a very good sygne.
1651. Culpepper, Astrol. Judgem. Dis. (1658), 32. The time or houses noted betwixt the Crisis, are called the judicial times, or such times wherein a man may judge what the disease is, or what it will be.
† d. Rhet. Critical. Obs.
1576. Fleming, Panopl. Epist., Ep. A. Of Epistles, some be demonstrative, some suasorie, and other some iudiciall.
1586. A. Day, Eng. Secretary, I. (1625), 20. 4. speciall heads, that is to say; Demonstrative, Deliberative, Judicial, and Familiar Letters.
1620. T. Granger, Div. Logike, 3. Every proposite or matter conceived … is reduced to three heads, or kinds, Demonstrative, Deliberative, Judiciall.
† 5. That has or shows sound judgment; judicious. Obs.
1581. Sidney, Apol. Poetrie (Arb.), 33. The same man … should … grow … to a iudicial comprehending of them.
1616. Bullokar, Iudiciall,… also wise; graue, of great iudgement.
1624. Capt. Smith, Virginia, V. 200. He shewed himselfe so iudiciall and industrious as gaue great satisfaction.
B. sb. [Elliptical uses of the adj.]
† 1. A judicial law or ordinance: see A. 1 b. Obs.
c. 1380. Wyclif, Wks. (1880), 285. Sermonyalis of þe oolde lawe & summe iudycialis bynden nouȝt now.
c. 1449. Pecock, Repr., 18–19. The posityf lawe of the ceremonyes iudicialis & sacramentalis.
1577. trans. Bullinger’s Decades (1592), 404. The Iudicials teach the gouernment of an house or a common weale.
1652. Sparke, Prim. Devot. (1663), 417. In all the judicials and ceremonials … there was ever somewhat moral wrapped up in them.
1721. St. German’s Doctor & Stud., 344. By the law of God in the Old Testament, called the Judicials.
† 2. Determination, decision, judgment. Obs.
1447. Bokenham, Seyntys (Roxb.), 158. Aftyr the judycyal of very resoun To lovyn hys credytour most holdyn was he Wych of hys dette had most pardoun.
1589. Nashe, Anat. Absurd., Epist. ¶ iij. Whose effectuall iudiciall of your vertues made such deepe impression in my attentive imagination.
1631. T. Powell, Tom All Trades, 32. There is no true judiciall of the falling and rising of commodities.
† b. Astrol. A determination or conclusion as to a future event from the positions of the heavenly bodies; the system of such determinations. Obs.
1496. Dives & Paup. (W. de W.), I. xxxiv. 73. They that … take hede to the Iudycyall of astronomye or to dyuynacyons.
1561. Eden, Arte Nauig., Pref. The … phantasticall obseruations of the iudicials of astrologie.
1652. Gaule, Magastrom., 23. Where is obliquity, but in the judicials of Astrologie?
† c. Med. Determination of the nature of a disease; diagnosis. Obs.
1512. (title), Iudycyall of Uryns.
1548. Udall, Erasm. Par. Luke, Pref. 10. The corporall physicians doo often tymes varie … in their iudicials of the diseases.
† 3. A legal judgment. Obs.
1534. Barnes, Supplic. King, ii. Wks. (1572), 209. It is to your condemnation, and to your ignomynie, that you doe exercise iudicials among you.
1660. Burney, Κέρδ. Δῶρον, 99. Our Saviours own argument concerning the Iudicials of an Infidel, He can but kill the body.
† b. An instrument of legal punishment. Obs.
c. 1640. J. Smyth, Lives Berkeleys (1883), I. 201. Stocks, cage, tumbrell, pillory, Cucking-stoole and other Juditialls and castigatories.
Hence Judiciality, Judicialness, the quality or character of being judicial; Judicialize v. trans., to treat judicially, arrive at a judgment or decision upon.
1727. Bailey, vol. II., Judicialness, judicial Quality, State or Condition.
1867. Pall Mall Gaz., 5 Jan., 1/1. His mind … has something different in its kind of judiciality from what is usually meant by impartial intellectual judgment.
1878. T. Sinclair, Mount, 5–6. Must one … judicialise the problem whether Shakespeare died from a debauch, before one can have soul-liftings with them on the divine spirit’s wings?
