Amercement
Encyclopedia
An amercement is a financial penalty in English law
, common during the Middle Ages
, imposed either by the court or by peers. The term is of Anglo-Norman
origin (Law French
, from French, from Latin), and literally means "being at the mercy of": a-merce-ment (English mercy
is cognate).
While it is often synonymous with a fine, it differs in that a fine is a fixed sum prescribed by statute and was often voluntary, while an amercement is arbitrary. They were commonly used as a punishment for minor offenses (such as trespassing in the King's forest), as an alternative to imprisonment.
, particularly article 20:
"A free man shall not be amerced for a trivial offence except in accordance with the degree of the offence, and for a grave offence he shall be amerced in accordance with its gravity, yet saving his way of living; and a merchant in the same way, saving his stock-in-trade; and a villein shall be amerced in the same way, saving his means of livelihood--if they have fallen into our mercy: and none of the aforesaid amercements shall be imposed except by the oath of good men of the neighbourhood."
Referred to in Frantz v. U.S. Powerlifting Federation 836 F.2d 1063 (7th Cir. 1987). In a discussion about the imposition of FRCP Rule 11 sanctions on a plaintiff's attorney, the decision says, "The complaint in this case was frivolous, which calls at a minimum for censure of Victor D. Quilici, the plaintiffs' lawyer. Whether it calls for amercement - and, if so, whether Cotter or the Treasury is the appropriate beneficiary - is something the district court should consider as an initial matter."
A cause of action in amercement will exist against a sheriff who refused to seize property under a writ of execution. Vitale v. Hotel California, Inc., 446 A.2d 880 (N.J. Super. Ct. Law 1982).
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, common during the Middle Ages
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
, imposed either by the court or by peers. The term is of Anglo-Norman
Anglo-Norman language
Anglo-Norman is the name traditionally given to the kind of Old Norman used in England and to some extent elsewhere in the British Isles during the Anglo-Norman period....
origin (Law French
Law French
Law French is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, beginning with the Norman Conquest by William the Conqueror...
, from French, from Latin), and literally means "being at the mercy of": a-merce-ment (English mercy
Mercy
Mercy is broad term that refers to benevolence, forgiveness and kindness in a variety of ethical, religious, social and legal contexts.The concept of a "Merciful God" appears in various religions from Christianity to...
is cognate).
While it is often synonymous with a fine, it differs in that a fine is a fixed sum prescribed by statute and was often voluntary, while an amercement is arbitrary. They were commonly used as a punishment for minor offenses (such as trespassing in the King's forest), as an alternative to imprisonment.
Usage
Amercements are much mentioned in Magna CartaMagna Carta
Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...
, particularly article 20:
"A free man shall not be amerced for a trivial offence except in accordance with the degree of the offence, and for a grave offence he shall be amerced in accordance with its gravity, yet saving his way of living; and a merchant in the same way, saving his stock-in-trade; and a villein shall be amerced in the same way, saving his means of livelihood--if they have fallen into our mercy: and none of the aforesaid amercements shall be imposed except by the oath of good men of the neighbourhood."
Referred to in Frantz v. U.S. Powerlifting Federation 836 F.2d 1063 (7th Cir. 1987). In a discussion about the imposition of FRCP Rule 11 sanctions on a plaintiff's attorney, the decision says, "The complaint in this case was frivolous, which calls at a minimum for censure of Victor D. Quilici, the plaintiffs' lawyer. Whether it calls for amercement - and, if so, whether Cotter or the Treasury is the appropriate beneficiary - is something the district court should consider as an initial matter."
A cause of action in amercement will exist against a sheriff who refused to seize property under a writ of execution. Vitale v. Hotel California, Inc., 446 A.2d 880 (N.J. Super. Ct. Law 1982).