Legal Definitions - de moderata misericordia capienda

De moderata misericordia capienda is a historical legal term from medieval English law, referring to a specific type of writ, or formal written order, issued by a higher court.

This writ was designed to correct situations where an individual had been subjected to an unreasonably harsh or excessive financial penalty, known as an "amercement," by a local or lower court that did not keep formal records of its proceedings. The purpose of de moderata misericordia capienda was to command a bailiff or other official to reduce the excessive penalty to a more moderate and fair amount, ensuring that punishments were proportionate to the offense. This legal principle was rooted in the Magna Carta, which aimed to prevent arbitrary and oppressive penalties.

• Example 1: A Farmer's Excessive Fine

  Imagine a farmer in 13th-century England whose cattle accidentally strayed onto the lord's private pasture. The local manor court, which was a court "not of record," imposed an amercement (fine) that required the farmer to forfeit a significant portion of his annual harvest, an amount far exceeding the actual damage caused by the cattle. This penalty would severely jeopardize his family's livelihood.

  In this scenario, the farmer could petition a higher royal court for a writ of de moderata misericordia capienda. If granted, this writ would instruct the manor's bailiff to reduce the excessive fine to a more reasonable sum, reflecting the minor nature of the trespass and preventing the farmer from being unjustly impoverished.

• Example 2: A Merchant's Disproportionate Penalty

  Consider a merchant in a medieval borough who was found to have slightly mismeasured a bolt of cloth sold in the market. The borough court, acting as a court "not of record," decided to penalize him by confiscating his entire inventory of goods, a punishment that was grossly disproportionate to the minor infraction and threatened to ruin his business.

  The merchant could seek a de moderata misericordia capienda writ. This writ would compel the borough's officials to reassess the penalty and impose a moderate fine or a smaller forfeiture, allowing the merchant to continue his trade without suffering an unduly harsh and business-ending punishment.

• Example 3: A Villager's Unfair Burden

  Suppose a villager was found responsible by the local hundred court (another type of court "not of record") for a minor failure to contribute to the communal upkeep of a village bridge. The court, perhaps due to a personal vendetta by a local official, ordered him to pay a sum equivalent to several years of his earnings, an amount that was clearly excessive for the offense.

  The villager could appeal to a higher authority, leading to the issuance of a de moderata misericordia capienda writ. This writ would direct the hundred court's officials to reduce the penalty to a fair and proportionate amount, ensuring that the punishment fit the actual offense rather than being used as a tool for personal retribution or undue hardship.