In Mercy

To be in mercy is to be at the discretion of the king, lord, or judge in punishing any offense not directly censured gjreat penalty. 11 Hen. VI. c. 6. So, where the plaintiff failed in his suit, he and his pledges were in the mercy of the lord, pro falso clamore suo. This is retained nominally on the record. 3 Sharswood, Bl. Comm. 376. So the defendant is in mercy if he fail in his defense. Id. 398. IN MISERICORDIA (Lat. in mercy). The entry on the record where a party was in mercy was. Idea in misericordia, etc. The phrase was used because the punishment in such cases ought to be moderate. See Magna Cart. c. 14; Bracton, lib. 4, tr. 5, c. 6. Sometimes misericordia means the being quit of all amercements. IN MITIORI SENSU (Lat. In a milder acceptation). A phrase denoting a rule of construction formerly adopted in slander suits, the object of which was to construe phrases, if possible, so that they would not support an action. IN MODUM ASSISAE (Law Lat.) In the manner or form of an assize. Bracton, fol. 183b. In modum juratae, in manner of a jury. Id. fol. 181b. IN MORA (Lat.) In delay. IN MORTUA MANU (Lat. in a dead hand). Property owned by religious societies was said to be held in mortua manu, or in mortmain, since religious men were dviliter mortui. 1 Sharswood, Bl. Comm. 479; Taylor.

To bein mercy is to be at the discretion of the king, lord, or judge in ——— respect to the imposition of a fine or other punishment,