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Updated: June 10, 2025
The prefect, hearing these things and taking great pleasure therein, caused the maid and Ruggieri and the carpenter and the money-lenders repeat their story again and again; and in the end, seeing Ruggieri to be innocent, he released him and amerced the money-lenders in half a score ounces for that they had stolen the chest.
Also that a brewer, for "selling ale contrary to the assize," "debeat amerciari, vel pati judicium tumbrelli "; that is, ought to be amerced, or suffer the punishment, or judgment, of the tumbrel. 51 Henry 3, St. 6. See 1 Rughead's Statutes, 187, 188. 1 Statutes of the Realm, 203. Blackstone's Law Tracts, 126.
It bears the appearance of mitigating the former persecuting laws; but if we may judge by the spirit which had broken out almost every session during this parliament, it was not intended as any favor to the nonconformists. Experience probably had taught, that laws over rigid and severe could not be executed. The person in whose house the conventicle met, was amerced a like sum with the preacher.
A freeman shall not be amerced for a slight offense, except in accordance with the degree of the offense; and for a grave offense he shall be amerced in accordance with the gravity of the offense, yet saving always his "contentment"; and a merchant in the same way, saving his "merchandise"; and a villein shall be amerced in the same way, saving his "wainage" if they have fallen into our mercy: and none of the aforesaid amercements shall be imposed except by the oath of honest men of the neighborhood.
But even in this court it was the law "that none be amerced but by his peers." Mirror of Justices, 49. For if from the mere want of writing only, they should not be considered laws, then, unquestionably, writing would seem to confer more authority upon laws themselves, than either the equity of the persons constituting, or the reason of those framing them." Glanville's Preface, p. 38.
He was fain, however, to make some Demur, and to Complain, in his usual piteous manner, of being so amerced. "Suppose you had been sentenced to Five Hundred Blows of a Stick, sirrah," 'twas thus he put the case to me, logically enough, "would you have expected me to pay for thee in carcase, as now I am paying for thee in Purse?" "Circumstances alter cases," interposes Mr. Hodge in my behalf.
Yet his cousin Orsato was one of the greatest and richest of the signori at Venice, and Ursula's husband would have found in him a strong upholder, as in truth we heard at Naples, where tidings reached us that the Pregadi, who had passed judgment upon him, had amerced him in a penalty of no more than two thousand ducats, which Orsato paid for him by reason that he would not suffer that his kinsman should he in prison.
Besides, if the ancient common law practice should be adopted, of amercing a party for troubling the courts with groundless suits, the prosecutor himself would, in the end, be likely to be amerced by the jury, in such a manner as to make courts of justice a very unproitable place for a man to go to seek revenge.
The express provisions of Magna Carta, before adverted to, that no amercements, or fines, should be imposed upon. freemen, merchants, or villeins, "but by the oath of honest men of the neighborhood," and "according to the degree of the crime," and that "earls and barons shout not be amerced but by their peers, and according to the quality of the offence," proves that, at least, there was no common law fixing the amount of fines, or, if there were, that it was to be no longer in force.
Earls and barons shall not be amerced except through their peers, and only in accordance with the degree of the offense. A clerk shall not be amerced in respect of his lay holding except after the manner of the others aforesaid; further, he shall not be amerced in accordance with the extent of his ecclesiastical benefice.
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