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AMERCEMENT, or AMERCIAMENT (derived, ...

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Originally appearing in Volume V01, Page 805 of the 1911 Encyclopedia Britannica.
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AMERCEMENT, or AMERCIAMENT (derived, through the Fr. (I merci, from See also:Lat. merces, pay) , in See also:English See also:law, an arbitrary pecuniary See also:penalty, inflicted in old days on an offender by the peers or equals of the party amerced. The word has in See also:modern times become. practically a poetical synonym for See also:fine or de-privation. But an amercement differed from a fixed fine, prescribed. by See also:statute, by See also:reason of its arbitrary nature; it represented a See also:commutation of a See also:sentence of See also:forfeiture of goods, while a fine was originally a See also:composition agreed upon between the See also:judge and the prisoner to avoid imprisonment. The fixing or See also:assessment of an ,amercement was termed an afeerment. In the See also:lower courts the amercement was offered by a See also:jury of the offender's neighbours (affeerors); in the See also:superior courts by the See also:coroner, except in the See also:case of See also:officers of the See also:court, when the amount was affeered by the See also:judges themselves. All judgments were entered on the court See also:roll as "in See also:mercy" (sit in misericordia), and the word misericordia, or some contracted See also:form of it, was written on the margin. Articles twenty to twenty-two of Magna Carta regulated the assessment of amercements, See See also:Stephen, See also:History of Criminal Law; See also:Pollock and See also:Maitland, History of English Law; W. S. McKechnie, Magna Carta (19os).

End of Article: AMERCEMENT, or AMERCIAMENT (derived, through the Fr. (I merci, from Lat. merces, pay)

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