A statute passed
fifty-one years after Magna Carta, says that a baker, for default in
the weight of his bread, "debeat amerciari vel subire judicium pilloae,"
that is, "ought to be amerced, or suffer the sentence of the pillory."
And that a brewer, for "selling ale, contrary to the assize," "debeat
amerciari, vel pati judicium tumbrelli;" that is, "ought to be
amerced, or suffer judgment of the tumbrel." 51 Henry III., st. 6. (1266.)
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.
The statute of Westminster, passed sixty years after Magna Carta,
provides that,"No city, borough, nor town, nor any man, be amerced,
without reasonable cause, and according to the quantity of the trespass;
that is to say, every freeman saving his freehold, a merchant saving
his merchandise, a villein his waynage, and that by his or their
peers.
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