n_, upon all such as ought to
pay; and the justices shall cause the parcels to be put into their
estreats, which shall be delivered up unto the exchequer, and not the
whole sum."--_St. 3 Edward I._, ch. 18, (1275.)[58]

The following statute, passed in 1341, one hundred and twenty-five years
after Magna Carta, providing for the trial of peers of the realm, and
the king's ministers, contains a recognition of the principle of Magna
Carta, that the jury are to fix the sentence.

"Whereas before this time the peers of the land have been arrested
and imprisoned, and their temporalities, lands, and tenements, goods
and cattels, asseized in the king's hands, and some put to death
without judgment of their peers: It is accorded and assented, that no
peer of the land, officer, nor other, because of his office, nor of
things touching his office, nor by other cause, shall be brought in
judgment to lose his temporalities, lands, tenements, goods and
cattels, nor to be arrested, nor imprisoned, outlawed, exiled, nor
forejudged, nor put to answer, nor be judged, but by _award_
(_sentence_) of the said peers in Parliament."--_15 Edward III._, st.
1, sec. 2.

Section 4, of the same statute provides,

"That in every Parliament, at the third day of every Parliament, the
king shall take in his hands the offices of all the ministers
aforesaid," (that is, "the chancellor, treasurer, barons, and
chancellor of the exchequer, the justices of the one bench and of the
other, justices assigned in the country, steward and chamberlain of
the king's house, keeper of the privy seal, treasurer of the
wardrobe, controllers, and they that be chief deputed to abide nigh
the king's son, Duke of Cornwall,") "and so they shall abide four or
five days; except the offices of justices of the one place or the
other, justices assigned, barons of exchequer; so always that they
and all other ministers be put to answer to every complaint; and if
default be found in any of the said ministers, by complaint or other
manner, and of that attainted in Parliament, he shall be punished by
judgment of the peers, and put out of his office, and another
convenient put in his place. And upon the same our said sovereign
lord the king shall do (cause) to be pronounced and made execution
without delay, _according to the judgment_ (_sentence_) of the said
peers in the Parliament."