(2): Amercement of merchants.

The trader is in the same position as the liber homo, except that it is his “merchandise,” not his “contenement,” that is protected. The word is capable of two somewhat different shades of meaning. Narrowly interpreted, it may refer to his wares, the stock–in–trade without which the pursuit of his calling would be impossible. More broadly viewed, it might mean his business itself, his position as a merchant. The difference is of little practical import: in either view the Charter saves to him his means of earning a living.

Some boroughs, indeed, had anticipated Magna Carta by obtaining in their own charters a definition of the maximum amercement exigible, or in some cases of the amercing body. Thus, John’s Charter to Dunwich of 29th June, 1200, provides that the burgesses shall only be amerced by six men from within the borough, and six men from without. The capital had special privileges: in his Charter to London, Henry I. promised that no citizen in misericordia pecuniae should pay a higher sum than 100s. (the amount of his wer). This was confirmed in the Charter of Henry II., who declared “that none shall be adjudged for amercements of money, but according to the law of the city, which they had in the time of King Henry, my grandfather.” John’s Charter to London of 17th June, 1199, also referred to this; and the general confirmation of customs, contained in chapter 13 of Magna Carta, would further strengthen it. In all probability, the earlier grant covered trivial offences only (such as placed the offender in the King’s hands de misericordia pecuniae). The present chapter is wider in its scope, applying to grave offences also, and embracing merchants everywhere, not merely the burgesses of chartered towns.