11-14 (1989) (discussing early English common-law of amercements
and how they were used to redress "civil" wrongs against the King and "against defendants who today would be liable in tort"); see also 2 Frederick Pollock & Frederic Maitland, The History of English Law Before the Time of Edward 1519 (2d ed.
man shall have a larger amercement
imposed upon him, than his
17) When prison sentences began replacing amercements
during the 1400s as the common mode of criminal punishment in England, English courts extended the protection from excessive punishments to prison sentences.
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.
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.