Pecuniary punishments were the most common punishments at
that day, and the foregoing provisions of Magna Carta show that
the amount of those punishments was to be fixed by the jury.
Fines went to the king, and were a source of revenue; and if the
amounts of the fines had been left to be fixed by the king, he
would have had a pecuniary temptation to impose unreasonable
and oppressive ones. So, also, in regard to other punishments than
fines. If it were left to the king to fix the punishment, he might
often have motives to inflict cruel and oppressive ones. As it was
the object of the trial by jury to protect the people against all
possible oppression from the king, it was necessary that the jury,
and not the king, should fix the punishments. [22]

"Legale."

The word "legale," in the phrase "per legale judicium parium
suorum,"doubtless means two things.1. That the sentence must be
given in a legal manner; that is, by the legal number of jurors,
legally empanelled and sworn to try the cause; and that they give
their judgment or sentence after a legal trial, both in form and
substance, has been had. 2. That the sentence shall be for a legal
cause or offence. If, therefore, a jury should convict and sentence a
man, either without giving him a legal trial, or for an act that was
not really and legally criminal, the sentence itself would not be
legal; and consequently this clause forbids the king to carry such a
sentence into execution; for the clause guarantees that he will
execute no judgment or sentence, except it be legale judicium,a
legal sentence. Whether a sentence be a legal one, would have to
be ascertained by the king or his judges, on appeal, or might be