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Thus, in a criminal suit, "a motion in arrest of judgment," means a motion in arrest of sentence. In cases of sentence, therefore, in criminal suits, the words sentence and judgment are synonymous terms. They are, to this day, commonly used in law books as synonymous terms. And the phrase per jndicium parium suorum, therefore, implies that the jury are to fix the sentence.

Speaking of the trial by jury, as established by Magna Carta, he calls it, "A privilege which is couched in almost the same words with that of the Emperor Conrad two hundred years before: 'nemo beneficium suum perdat, nisi secundum consuetudinem antecessorum nostrorum, et, judicium parium suorum. The difference between this reading and the other is important.

The chapter guaranteeing the trial by jury is in these words: "Nullus liber homo capiatur, vel imprisonetur, aut disseisetur, aut utlagetor, aut exuletur, aut aliquo modo destruatur; nec super eum ibimus, nec super eum mittemus, nisi per legale judicium parium suorum, vel per legem terrae." "Nec super eum ibimus, nec super eum mittemus."

Nec ulli auspicio major fides non solum apud plebem, sed apud proceres, apud sacerdotes; se enim ministros deorum, illos conscios putant. Est et alia observatio auspiciorum, qua gravium bellorum eventus explorant; ejus gentis, cum qua bellum est, captivum, quoquo modo interceptum, cum electo popularium suorum, patriis quemque armis, committunt: victoria hujus vel illius pro praejudicio accipitur.

As for good women these, my worthy reader, are different from us the nature of these is to love, and to do kind offices, and devise untiring charities: so I would have you to know, that, though Mr. Pendennis was parcus suorum cultor et infrequens, Mrs.

The true meaning of the phrase, per judicium parium suorum, is, according to the sentence of his eers. The word judicium, judgment, has a technical meaning in the law, signifying the decree rendered in the decision of a cause. In civil suits this decision is called a judgment; in chancery proceedngs it is called a decree; in criminal actions it is called a sentence, or judgment, indifferently.

The word per means according to. Otherwise there is no sense in the phrase per judicium paruim suorum.

The words "per judicium parium suorum," according to the sentence of his peers, imply that the jury fixed the sentence in some cases tried by them; and if they fixed the sentence in some cases, it must be presumed they did in all, unless the contrary be clearly shown.

I. Clarorum virorum facta moresque posteris tradere, antiquitus usitatum, ne nostris quidem temporibus quanquam incuriosa suorum aetas omisit, quotiens magna aliqua ac nobilis virtus vicit ac supergressa est vitium parvis magnisque civitatibus commune, ignorantiam recti et invidiam.

Hallam, who says:"Nisi per legale judicium parium suorum, vel per legem terra;. Several explanations have been offered of the alternative clause; which some have referred to judgment by default, or demurrer; others to the process of attachment for contempt. Certainly there are many legal procedures besides trial by jury, through which a party's goods or person may be taken.