And since the
disuse of such inquest, it is never usual to assess a larger fine than
a man is able to pay, without touching the implements of his
livelihood; but to inflict corporal punishment, or a limited
imprisonment, instead of such a fine as might amount to
imprisonment for life. And this is the reason why fines in the
king's courts are frequently denominated ransoms, because the
penalty must otherwise fall upon a man's person, unless it be
redeemed or ransomed by a pecuniary fine." Tomlin's Law Dict.,
word Fine.
[22] Because juries were to fix the sentence, it must not be
supposed that the king was obliged to carry the sentence into
execution; but only that he could not go beyond the sentence. He
might pardon, or he might acquit on grounds of law, not
withstanding the sentence; but he could not punish beyond the
extent of the sentence. Magna Carta does not prescribe that the
king shall punish according to the sentence of the peers; but only
that he shall not punish "unless according to" that sentence.
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