death, but appointed the King to be honoured above all others: These therefore in many Councils▪ singu•…•…m scele∣rum paenas constituerum, ordained the punishments of every kind of offences, and comm••t••ed them to writing.
From whence it is apparent, First, That all capital, corporal, and pecuniary Mulcts and penalties for any ci∣vil or Ecclesiastical offences whatsoever, inflict∣ed on the Subjects of this Realm, in that and all former ages since they embraced the Gospel, were only such as were particularly defined and prescribed by their Parliamentary Councils, and the Laws there∣in enacted, and not left arbitrary to the King, Judges, or Magistrates, as it appears by the forecited passages of Beda, Malmesbury, Huntindon and Bromton concern∣ing King Ethelberts Laws, part 2. p. 50. by the Laws of King Ina, Lex 2, 3, 4, 6, 7, 9, 10, 11, 12, 13, 14, 15, 21, 22, 25, 26, 27, 30, 31, 32, 34, 35, 36, 37, 38, 39, 40, 41, 46, 47, 48, 49, 54, 57, 58, 64, 73, 75, 76, 80. & more specially by the Laws of King Alfred him∣self, Lex 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15, 17, 20, 21, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 41, 42, 44, 45, 46, 48, 51. with the Laws of our other Saxon kings, prescribing particular fines, pecuniary, corporal and capital punishments for all sorts of offences and injuries, to avoid all arbitrary proceedings and censures in such Cases. 2ly. That no imprisonment Corporal, Capital, or pecuniary Mulcts, or punishments whatsoever, justly might, or legally ought to be then inflicted upon any Malefa∣ctors or Trespassers whatsoever, but when, where, and for such offences only, as the known Parliamentary and common Laws then in force, particularly warrant∣ed and prescribed: which penalties and Laws could not be altered nor abrogated, but by Parliamentary Councils only. 3ly. That Common right and Justice, were then to be equally dispensed to all men, by our Kings, Judges, and other Magistta••es, according to the Laws then established, in such sort as they would