"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 men_, 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,
Public-domain text, read in full here on John Shaqi.
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