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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"

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.


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