If the king (the legislative power) had had authority to fix the punishments of these offences imperatively, he would naturally have said these offenders shall be amerced, and shall suffer judgment of the pillory and tumbrel, instead of thus simply expressing the opinion that they ought to be punished in that manner.
Spooner argues that the king's authority to impose punishments was not absolute.
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More from Lysander Spooner
Practically speaking, no government knows any limits to its power, except the endurance of the people.
They were even allowed to grant pardon to criminals, and to correct by their clemency the rigors of justice.
What else than ignorance of the law is it that excuses persons under the years of discretion, and men of imbecile minds?
All those who are not forbidden by law may be judges (jurors).