Blackstone, in his chapter "Of Judgment, and its Consequences,"
says, "Judgment (unless any matter be offered in arrest thereof) follows
upon conviction f being the pronouncing of that punishment which
is expressly ordained by law." Blackstone's Analysis of the Laws
of England, Book 4, Ch. 29, Sec. 1. Blackstone's Law Tracts, 126.
Coke says, "Judicium .. the judgment is the guide and direction of
the execution." 3 Inst. 210.
[17] This precedent from Germany is good authority, because the
trial by jury was in use, in the northern nations of Europe
generally, long before Magna Carta, and probably from time
immemorial; and the Saxons and Normans were familiar with it
before they settled in England.
[18] Beneficium was the legal name of an estate held by a feudal
tenure. See Spelman's Glossary.
[19]] Contenement of a freeman was the means of living in the
condition of a freeman.
[20] Waynage was a villein's plough-tackle and carts.
[21] Tomlin says, "The ancient practice was, when any such fine
was imposed, to inquire by a jury quantum inde regi dare valeat
per annum, salva sustentatione sua et uxoris et libe- rorum suorum,
(how much is he able to give to the king per annum, saving his
own maintenance, and that of his wife and children).
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