ce," _proves_ that, at least, there was no common law fixing
the amount of _fines_, or, if there were, that it was to be no longer in
force. And if there was no common law fixing the amount of _fines_, or
if it was to be no longer in force, it is reasonable to infer, (in the
absence of all evidence to the contrary,) either that the common law did
not fix the amount of any other punishment, or that it was to be no
longer in force for that purpose.[28]

Under the Saxon laws, fines, payable to the injured party, seem to have
been the common punishments for all offences. Even murder was punishable
by a fine payable to the relatives of the deceased. The murder of the
king even was punishable by fine. When a criminal was unable to pay his
fine, his relatives often paid it for him. But if it were not paid, he
was put out of the protection of the law, and the injured parties, (or,
in the case of murder, the kindred of the deceased,) were allowed to
inflict such punishment as they pleased. And if the relatives of the
criminal protected him, it was lawful to take vengeance on them also.
Afterwards the custom grew up of exacting fines also to the king as a
punishment for offences.[29] And this latter was, doubtless, the usual
punishment at the time of Magna Carta, as is evidenced by the fact that
for many years immediately following Magna Carta, nearly or quite all
statutes that prescribed any punishment at all, prescribed that the
offender should "be grievously amerced," or "pay a great fine to the
king," or a "grievous ransom,"--with the alternative in some cases
(perhaps _understood_ in all) of imprisonment, banishment, or outlawry,
in case of non-payment.[30]

Judging, therefore, from the special provisions in Magna Carta,
requiring _fines_, or amercements, to be imposed only by juries,
(without mentioning any other punishments;) judging, also, from the
statutes which immediately followed Magna Carta, it is probable that the
Saxon custom of punishing all, or nearly all, offences by _fines_, (with
the alternative to the criminal of being imprisoned, banished, or
outlawed, and exposed to private vengeance, in case of non-payment,)
continued until the time of Magna Carta; and that in providing expressly
that _fines_ should be fixed by the juries, Magna Carta provided for
nearly or quite all the punishments that were expected to be inflicted;
that if there were to be any others, they were to be fixed by the
juries; and consequent