ged till he be dead, and
then have his head struck from his body."

Also, "_John Beauchamp_, steward of the household to the king, _James
Beroverse_, and _John Salisbury_, knights, gentlemen of the privy
chamber, _were in like manner condemned_."--_1 Hargrave's State
Trials_, first case.

Here the sentences were all fixed by the peers, _with the assent of the
king_. But that the king should be consulted, and his assent obtained to
the sentence pronounced by the peers, does not imply any deficiency of
power on their part to fix the sentence independently of the king. There
are obvious reasons why they might choose to consult the king, and
obtain his approbation of the sentence they were about to impose,
without supposing any legal necessity for their so doing.

So far as we can gather from the reports of state trials, peers of the
realm were usually sentenced by those who tried them, _with the assent
of the king_. But in some instances no mention is made of the assent of
the king, as in the case of "Lionel, Earl of Middlesex, Lord High
Treasurer of England," in 1624, (four hundred years after Magna Carta,)
where the sentence was as follows:

"This High Court of Parliament doth adjudge, that Lionel, Earl of
Middlesex, now Lord Treasurer of England, shall lose all his offices
which he holds in this kingdom, and shall, hereafter, be made
incapable of any office, place, or employment in the state and
commonwealth. That he shall be imprisoned in the tower of London,
during the king's pleasure. That he shall pay unto our sovereign lord
the king a fine of 50,000 pounds. That he shall never sit in
Parliament any more, and that he shall never come within the verge of
the court."--_2 Howell's State Trials_, 1250.

Here was a peer of the realm, and a minister of the king, of the highest
grade; and if it were ever _necessary_ to obtain the assent of the king
to sentences pronounced by the peers, it would unquestionably have been
obtained in this instance, and his assent would have appeared in the
sentence.

_Lord Bacon_ was sentenced by the House of Lords, (1620,) _no mention
being made of the assent of the king_. The sentence is in these words:

"And, therefore, this High Court doth adjudge, That the Lord Viscount
St. Albans, Lord Chancellor of England, shall undergo fine and ransom
of 40,000 pounds. That he shall be imprisoned in the tower during the
king's pleasure. Th