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Legal Definitions - affeeror

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Definition of affeeror

An affeeror was a historical official whose primary responsibility was to determine the specific amount of a financial penalty, known as an "amercement," in legal cases where the law did not prescribe a fixed sum. Essentially, when a court or authority decided someone should pay a penalty but the exact monetary amount was not explicitly stated in a statute or rule, the affeeror would step in to assess a fair and appropriate sum.

  • Example 1: Feudal Land Dispute

    Imagine a medieval village where two farmers had a dispute over a boundary line, and one farmer was found by the local lord's court to have encroached slightly on the other's land. While the court might rule that the offending farmer must pay a penalty for the trespass, there might be no specific written law or custom dictating the exact monetary fine for such a minor encroachment. In this scenario, an affeeror would be appointed to evaluate the situation, consider the extent of the trespass, and then determine a reasonable financial penalty (an amercement) for the farmer to pay to the lord or the wronged party.

    This illustrates the affeeror's role in assessing a specific financial penalty when the legal framework, whether statute or custom, did not provide a precise, predetermined amount.

  • Example 2: Breach of Town Ordinance

    Consider a bustling medieval town where a baker was found to have repeatedly sold bread that was slightly underweight, violating a local, unwritten ordinance concerning fair trade practices. The town's magistrate's court might decide that such a violation warranted a financial penalty, but the town's existing rules might not specify the exact monetary amount for "underweight bread." An affeeror would then be tasked with evaluating the severity and frequency of the baker's breach and their overall conduct to decide the appropriate financial sanction, ensuring the penalty was proportionate rather than arbitrary.

    Here, the affeeror assesses an amercement for a breach of a local regulation where the specific fine was not codified, demonstrating their function in determining penalties for undefined amounts.

  • Example 3: Negligence in Public Duty

    In a historical context, if a local constable or watchman was found to have been negligent in their duties, perhaps by failing to patrol a specific area leading to a minor theft, a local court might decide that this dereliction of duty warranted a financial penalty. However, there might not be a specific statute dictating the precise fine for "negligence of a watchman." An affeeror would then be called upon to assess a suitable amercement, taking into account the impact of the negligence and the constable's responsibilities, ensuring the penalty was fair and just for the specific circumstances.

    This example highlights the affeeror's role in setting a financial penalty for a professional or public failing where the law provided no exact figure, emphasizing their discretion in determining a fair sum.

Simple Definition

An affeeror was a historical legal official responsible for assessing the amount of a fine, known as an amercement. This role was necessary in cases where no precise penalty was specified by statute for an offense.

The life of the law has not been logic; it has been experience.

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