fixed by one's peers, but, claiming that, fines may be fixed by the
government. (2 Inst. 27, 8 Coke's Reports 38) But there seems to
have been no ground whatever for supposing that any such
distinction existed at the time of Magna Carta. If there were any
such distinction in the time of Coke, it had doubtless grown up
within the four centuries that had elapsed since Magna Carta, and
is to be set down as one of the numberless inventions of
government for getting rid of the restraints of Magna Carta, and
for taking men out of the protection of their peers, and subjecting
them to such punishments as the government chooses to inflict.

The first statute of Westminster, passed sixty years after Magna
Carta, treats the fine and amercement as synonymous, as follows.

"Forasmuch as the common fine and amercement of the whole
county in Eyre of the justices for false judgments, or for other
trespass, is unjustly assessed by sheriffs and baretors in the shires,
* * it is provided, and the king wills, that frown henceforth such
sums shall be assessed before the justices in Eyre, afore their
departure, by the oath of knights and other honest men," &c. 3
Edward I., Ch. 18. (1275)

And in many other statutes passed after Magna Carta, the terms
fine and amercement seem to be used indifferently, in prescribing
the punishments for offences. As late as 1461, (246 years after
Magna Carta,) the statute 1 Edward IV., Ch 2, speaks of "fines.,
ransoms, and amerciaments" as being levied upon criminals, as if
they were the common punishments of offences.

St. 2 and 3 Philip and Mary, Ch 8, uses the terms, "fines,