The Supreme Court's reflexive extension of the doctrine of respondeat superior from tort law to the criminal law in New York Central is redolent of the medieval era when the law barely--if at all--distinguished between civil torts and crimes, both of which were punishable by amercements
(arbitrary fines) payable to the Crown.
In those actions of ravishment appearing in common law courts as a trespass, a conviction would result in the accused paying an amercement
, usually the equivalent of the goods allegedly stolen from the husband in addition to damages.
The punishment for impermissibly intruding upon the forest was amercement
(fine) at the next Eyre in addition to an annual fine based on the crops sown: For every acre illegally planted, the fine was a shilling for winter corn (either wheat or rye) and sixpence for spring corn (generally oats).
16) The Magna Carta required that the amercement
imposed on a criminal not to exceed the severity of his crime.
Laster [1970, 76] stresses that the loss of restitution and its accompanying incentives, and the potential for amercement
for false accusation, meant that English citizens had to be "forced" into carrying out their policing functions.
man shall have a larger amercement
imposed upon him, than his