Amerce

[L. Fr. amercer, from merci, mercy; L. Lat. amerciare.] In practice. To impose a pecuniary punishment, penalty or amercement, (q. v.); to fine. See Fine. According to Sir William Blackstone, to be amerced, in the old English law, was to be a mercie, at the king's mercy (m misericordia,) with regard to the fine to be imposed.

3 BL Com. 376.

The French ajnercie, or am^rcy, may be taken in this double sense. Si soit le gardein amercy; if the keeper be amerced. Britt. c.

11.

But in Latin to be " in mercy" (esse in miserkordia,) and to be " amerced," (amerdart) seem to have been originally phrases of different import; the former signifying merely " to be liable to an amercement, "to be condemned to an amercement." De illis qui sunt in misericordia domini regis, et non sunt amerciati; concerning those who are in the king's merry, and are not amerced. Bract, fol.

116 b.

In misericordia came to be used jn records as expressive of judgment of amercement against either party to a suit, and is literally translated in the phrase " in mercy, <kc., ' with which judgment records still conclude, although no amercement is ever in fact imposed.

3 BL Com. 275, 376.

To amerce is now used as synonymous with to fine, and so it was anciently, in the popular sense of the teon. Richardson^s Diet. But in law there was a well established distinction between a fine and an amercement.

See Amercement.