[582]. Cf. Pollock and Maitland, II. 511-4. There were, however, exceptions, e.g. Henry II. would not accept money payments for certain forest offences. Mutilation was inflicted. See Assize of Woodstock, c. 1, and contrast Forest Charter of 1217, c. 10.
[583]. Cf. Pollock and Maitland (II. 512), who describe Henry’s promise as “a return to the old Anglo-Saxon system of pre-appointed wites.” In order to avoid unnecessary confusion, no mention has been made in the account given above of a classification of amercements into three degrees, which increases the obscurity surrounding their origin. The Dialogus de Scaccario, II. xvi., tells how (a) for grave crimes, the culprit’s life and limbs were at the king’s mercy as well as his property; (b) for less important offences, his lands were forfeited, but his person was safe; while (c) for minor faults, his moveable effects only were at the king’s disposal. In the last case, the offender was “in misericordia regis de pecunia sua.” Thus to be “in mercy” did not always mean the same thing. Further, a villein or dependent freeman on a manor might fall in the “mercy” of his lord, as well as of the king. The records of manorial courts are full of petty amercements for petty transgressions of the customs of the manor.
[584]. Even Coke (Second Institute, p. 27) has to confess that for the purposes of this chapter at least he must abandon the attempt made elsewhere (Ibid., p. 4, and p. 45) to bring the villeins into the class of freemen. Under the plea that the villein was relatively free as against third parties except his lord, he claimed for him all the benefits secured by anticipation in chapter 1 of the Charter, and he made a special application of the same doctrine in connection with the right to judicium parium secured to all freemen by chapter 39 (q.v.). Here, however, he is forced to admit the distinction between freeman and villein, the former term being, for the purpose of amercements, virtually identified with “freeholder.”
[585]. See note by editors of Dialogus de Scaccario, p. 207.
[586]. Madox, I. 527.
[587]. Reeves, History of English Law, I. 248 (Third Edition) says “Upon this chapter was afterwards framed the writ de moderata misericordia, for giving remedy to a party who was excessively amerced.”
[588]. Rotuli Chartarum, 51.
[589]. See Select Charters, 108.
[590]. See Birch, Historical Charters of London, p. 5.
[591]. Ibid., p. 11.