Abuse of discretion in fixing amercements
for misconduct is what these three clauses of Magna Carta sought to curb, and contemporary lawyers could easily have seen a connection between them and the principle of proportionality found within the natural law.
To Received by 1:04:11 Amercements
, Received by Copy- 14:07:06 hold Fines, The Accompt of Stock thereupon is as followeth Given in Charge Sold for l, s.
man shall have a larger amercement
imposed upon him, than his
Post, `Manorial Amercements and Peasant Poverty', Econ.
The large number of pleas involving relatively few villagers almost certainly reflects economic and social wherewithal; litigation was not something to be entered into lightly since an inquest cost money and a failure to produce law could result in an expensive amercement.
amercements ("fines" in the modern sense of the word) imposed by the king's justices for violation of the law;
There are several references in Magna Carta to amercements and determinations of their proper imposition on various types of individuals and appropriate rates (clauses 20, 21, and 22).
The abbreviation po (ponit se super patriam, or `is brought to trial') is written above some culprits' names instead of the usual amercements
70) Many of the common forestallers who were fined paltry sums had too little capital to monopolize anything; their amercements were merely token punishments for the honour of the town.
In addition, the amercement of John Caunceller shows that those who had exposed commodities for sale in the market were not allowed to withdraw them speculatively in the hope or expectation of higher prices later in the day.
In arguing that the help-ales of Wakefield would have excluded the poor, she seems to consider the following points to be self-evident: (a) that 'there is a connection between the price of a gallon and the amount of the amercement
' paid by commercial brewers; (b) that this same relationship must apply to amercements
levied on hosts of help-ales; (c) that she can therefore determine the prices charged at help-ales; and (d) that these prices will show both who could afford to attend help-ales and how many people attended these events.
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.