law courts existing prior to Magna Carta, such
as the county courts, the hundred courts, the court-leet, and the
court-baron, all prove, what has already been proved from Magna Carta,
that, in jury trials, the juries fixed the sentence; because, in those
courts, there was no one but the jury who could fix it, unless it were
the sheriff, bailiff, or steward; and no one will pretend that it was
fixed by them. The juries unquestionably gave the "judgment" in both
civil and criminal cases.

That the juries were to fix the sentence under Magna Carta, is also
shown by statutes subsequent to Magna Carta.

A statute passed fifty-one years after Magna Carta, says that a baker,
for default in the weight of his bread, "_debeat_ amerciari vel subire
judicium pillorae,"--that is, "_ought_ to be amerced, or suffer the
sentence of the pillory." And that a brewer, for "selling ale, contrary
to the assize," "_debeat_ amerciari, vel pati judicium tumbrelli;" that
is, "_ought_ to be amerced, or suffer judgment of the tumbrel."--_51
Henry III._, st. 6. (1266.)

If the king (the legislative power) had had authority to fix the
punishments of these offences imperatively, he would naturally have said
these offenders _shall_ be amerced, and _shall_ suffer judgment of the
pillory and tumbrel, instead of thus simply expressing the opinion that
they _ought_ to be punished in that manner.

The statute of Westminster, passed sixty years after Magna Carta,
provides that,

"No city, borough, nor town, _nor any man_, be amerced, without
reasonable cause, and according to the quantity of the trespass; that
is to say, every freeman saving his freehold, a merchant saving his
merchandise, a villein his waynage, _and that by his or their
peers_."--_3 Edward I._, ch. 6. (1275.)

The same statute (ch. 18) provides further, that,

"Forasmuch as the _common fine and amercement_ of the whole county in
Eyre of the justices for false judgments, or for other trespass, is
unjustly assessed by sheriffs and baretors in the shires, so that the
sum is many times increased, and the parcels otherwise assessed than
they ought to be, to the damage of the people, which be many times
paid to the sheriffs and baretors, which do not acquit the payers; it
is provided, and the king wills, that from henceforth such sums shall
be assessed before the justices in Eyre, afore their departure, _by
the oath of knights and other honest me