If these reasons could leave any doubt that the word per is to be
translated according to, that doubt would be removed by the terms
of an antecedent guaranty for the trial by jury, granted by the
Emperor Conrad, of Germany, [17] two hundred years before
Magna Carta. Blackstone cites it as follows: (3 Blackstone, 350.)
"Nemo beneficium suum perdat, nisi secundum consuetu-dinem
antecessorum nostrorum, et judicium parium suorum." That is, No
one shall lose his estate, [18] unless according to ("secundum")
the custom (or law) of our ancestors, and (according to) the
sentence (or judgment) of his peers.

The evidence is therefore conclusive that the phrase per judicium
parian suorum means according to the sentence of his peers; thus
implying hat the jury, and not the government, are to fix the
sentence.

If any additional proof were wanted that juries were to fix the
sentence, it would be found in the following provisions of Magna
Carta, viz.:

"A freeman shall not be amerced for a small crime, (delicto,) but
according to the degree of the crime; and for a great crime in
proportion to the magnitude of it, saving to him his contenement;
[19] and after the same manner a merchant, saving to him his
merchandise. And a villein shall be amerced after the same
manner, aving to him his waynage, [20] if he fall under our mercy;
and none of the aforesaid amercements shall be imposed, (or
assessed, ponatur,) but by the oath of honest men of the
neighborhood. Earls and Barons shall not be amerced but by their
peers, and according to the degree of their crime." [21]