"Forasmuch as the common fine and amercement of the whole
county in Eyre of the justices for false judgments, or for other
trespass, is unjustly assessed by sheriffs and baretors in the shires,
* * it is provided, and the king wills, that frown henceforth such
sums shall be assessed before the justices in Eyre, afore their
departure, by the oath of knights and other honest men," &c. 3
Edward I., Ch. 18. (1275)
And in many other statutes passed after Magna Carta, the terms
fine and amercement seem to be used indifferently, in prescribing
the punishments for offences. As late as 1461, (246 years after
Magna Carta,) the statute 1 Edward IV., Ch 2, speaks of "fines.,
ransoms, and amerciaments" as being levied upon criminals, as if
they were the common punishments of offences.
St. 2 and 3 Philip and Mary, Ch 8, uses the terms, "fines,
forfeitures, and amerciaments" five times. (1555)
St. 5 Elizabeth, Ch. 13, Sec. 10, uses the terms "fines, forfeitures,
and amerciaments."
That amercements were fines, or pecuniary punishments, inflicted
for offences, is proved by the following statutes, (all supposed to
have been passed within one hundred and fifteen years after
Magna Cart,) which speak of amercements as a species of
"judgment," or punishment, and as being inflicted for the same
offences as other "judgments."
Thus one statute declares that a baker, for default in the weight of
his bread, "ought to be amerced, or suffer the judgment of the
pillory; and that a brewer, for "selling ale contrary to the assize,"
"ought to be amerced, or suffer the judgment of the tumbrel," -- 51
Henry III., St. 6. (1266)
Among the "Statutes of Uncertain Date," but supposed to be prior
to Edward III., (1326), are the following:
Chap. 6 provides that "if a brewer break the assize, (fixing the
price of ale,) the first, second, and third time, he shall be amerced;
but the fourth time he shall suffer judgment of the pillory without
redemption."
Chap. 7 provides that "a butcher that selleth swine's flesh
measeled, or flesh dead of the murrain, or that buyeth flesh of
Jews, and selleth the same unto Christians, after he shall be
convict thereof, for the first time he shall be grievously amerced;
the second time he shall suffer judgment of the pillory; and the
third time he shall be imprisoned and make fine; and the fourth
time he shall forswear the town."
Chap. 10, a statute against forestalling, provides that, "He that is
convict thereof, the first time shall be amerced, and shall lose the
thing so bought, and that according to the custom of the town; he
that is convicted the second time shall have judgment of the
pillory; at the third time he shall be imprisoned and make fine; the
fourth time he shall abjure the town. And this judgment shall be
given upon all manner of forestallers, and likewise upon them that
have given them counsel, help, or favor." 1 Ruffheads Statutes,
187, 188. 1 Statutes of the Realm, 203.
[26] 1 Hume, Appendix, l.
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