Misericordia

Mercy; an amercement; particularly, a discretionary amercement. To be in mercy is to be liable to such a fine as the judge in his discretion may impose. The word was commonly used in early English law to signify a discretionary mulct or amerciament imposed upon a person for an offence. Thus, when the plaintiff or defendant in an action was amerced, the entry was always idea in misericordia, and it was so called because the fine was but small (and therefore merciful), in proportion to the offence; and, if a man was outrageously amerced in a court not of record (as in a court-baron, for instance), there was a writ called moderate misericordia, to be directed to the lord or his bailiff, commanding them that they take moderate amerciar ments, in just proportion to the offence of the party to be amerced. When a fine was amerced on a whole county, instead of an individual, it was then termed misericordia communis. Termes de la Ley.