making all allowance for the difference in the value of money,)
and so contrary to immemorial custom, could and did obtain any
general or speedy acquiescence among a people who cared little
for the authority of kings.

Maddox, writing of the period from William the Conqueror to
John, says: "The amercement in criminal and common pleas,
which were wont to be imposed during this first period and
afterwards, were of so many several sorts, that it is not easy to
place them under distinct heads. Let them, for methods' sake, be
reduced to the heads following: Amercements for or by reason of
murders and manslaughters, for misdemeanors, for disseisins, for
recreancy, for breach of assize, for defaults, for non-appearance,
for false judgment, and for not making suit, or hue and cry. To
them may be added miscellaneous amercements, for trespasses of
divers kinds." 1 Maddox' History of the Exchequer, 542.

[28] Coke, in his exposition of the words legem terrae, gives quite
in detail the principles of the common law governing arrests, and
takes it for granted that the words "nisi per legem terre" are
applicable to arrests, as well as to the indictment, &c. 2 inst., 51,
52.

[29] I cite the above extract from Mr. Hallam solely for the sake of
his authority for rendering the word vel by and; and not by any
means for the purpose of indorsing the opinion he suggests, that
legem terrae authorized "judgments by default or demurrer,*'
without the intervention of a jury. He seems to imagine that lex
terrae, the common law, at the time of Magna Carta, included
everything, even to the practice of courts, that is, at this day, called