CHAP. 13. Assises of darrein presentment.
CHAP. 14. How men of all sorts shall be amerced,
and by whom.
|remedy had been generally adopted in the province,
which was not the case.
There was in 1667, a case of a writ of novel disseisin,
the proceedings in which were not very
regular, since which the action appears to have
fallen into disuse. I have found no case of an assise
of mort d'ancestor. See the note under 13
Edw. 1, Ch. 18, stating the opinion of the general
court, that writs of novel disseisin had not been
brought by tenants by ELEGIT.
CHAP. 13. See 3 Bl. Com. 245, and 246, as to
the disuse of this action in England.
It is to be observed also, that the presentments
of clerks or ministers in the province to churches,
were made by the governor.
CHAP. 14. It does not appear very clearly what
kind of amercements this chapter related to.
In the statutes at large, reference is made in the
margin to 34 Edw. 3, Ch. 1, ordaining that fines
shall be reasonable, and to the bill of rights, 1 W.
and M. Sess. 2, Ch. 2, declaring excessive fines and
cruel punishments to be illegal. According to
lord Coke, (2, Inst. 27,) this act extended to amercements
and not to fines imposed by any court of
justice. The latter being imposed and assessed by
the courts themselves, and the former affeered or
assessed by the county, as appears also in his reports,
(8th, part 38,) and the amercements here
spoken of, were those against the plaintiff being
non suit, or the defendant against whom there was
judgement, under which the party was in misericordia
generally, and the sums not being taxed in
court, they were estreated and delivered to the
coroners to affeere or assess.
It is stated in 3, Bl. Com. 376, that to be amerced
or a mercie, is to be at the kings mercy with
regard to the fine to be imposed " in misericordia
domini regis pro falso clamore suo," but that
though the form still continued, the amercement
was disused, and in page 398 it is stated, that the
defendant might, on judgment, be either amerced
for his delay of justice, or be taken up, capiatur,
to pay a fine to the king in case of any forcible
injury, but that by 5 and 6 W. and M. Ch. 12,
no capias was to issue for this fine, but the plaintiff