The priviledges of the baronage of England, when they sit in Parliament collected (and of late revised) by John Selden of the Inner Temple Esquire, out of Parliament rolles ... & and other good authorities ... : the recitalls of the French records in the 4th. chap., also newly translated into English ...

CHAP. IX. Amerciaments.

IN case of Amerciaments of Barons of Parliament upon nonsuits, or other Iudgments, ending in misericordia, there is a speciall course, both for the summe and the way of assertaining of it, which differs

from the Amerciaments of cōmon persons.

* 1.1For the summe, the Amerciaments of an Earle, or Spirituall, or Temporall Baron is equall, that is, 5 l. of a Duke, 10 l. and the sessing of this is by the Kings Iustices, be∣fore whom the action dependeth. The Iu∣stices in this place supplying the roome of Peeres, by which according to th•• grand Charter they are to be amercied, as expr••s∣sly it is affirmed in the Iudgement under H. 6. against the Earle of Northumberland, where the words of the Iustices are, Inso∣much as an Earle is a Peere of the Re••lme,* 1.2 he shall be amercied by his Peeres, accord∣ing to the Statute▪ and therefore we put not the Amerciament i•• ce••taine.

And thence and thus is the grand Char∣ter to bee understood that saith,* 1.3 C••mites & Barones non amer••ientur, nisi per Pares suos, but continuall usage hath thus (as be∣fore is shewed) interpreted that priviledg and so hath the practise been, and thence was it under E. 2. a writ was directed to the Iustices of the Common pleas that they should not amerce the Abb••t of Crowland, tanquam Baro,* 1.4 because he did not hold per Baroniam, aut partem Baroniae.

For this of Amerciament while there were no other Titles of greater Nobility but Earle and Baron, which was in the

time of E. 3. who created the first Duke in England, as Rich. the 2. the first Marquesse; and H. 6. the first Viscount. And the Amer∣ciaments of the Lords of the Parl. were all at 5 l. whence also is generally so affirmed in the Statutes of Ireland under H. the sixt, that every Lord that is called L. of Parl. in all places aswell personall as reall, in which amerciaments do ly, shall be amercied at 100 s. But when other dignities were made, and it seemes according to the pro∣portion of the releifes, paied by those new dignities, for a Duke is to be amercied at double the summe of an Earle that is 10 l. as his reliefe is double, which is 20.

Notes

• * 1.1

  38 E. 3 fol. 3••. a. 24. ••. ••. f. ••1 b. 1. H 6.7a 9. H 6 f. 2 b 19. E. •• f 9 a. 21. E. 4. f. 77 b.
• * 1.2

  1. H. 6. f 7. b. Cook l. 8 f. ••.

  Gr••sseys case.
• * 1.3

  C. 4: li. 3. De Cor c. 1. fol. 116. b.
• * 1.4

  Claul. 15. E. 2. m. 12.