(4): The difference between fines and amercements.

In the thirteenth century, these terms were sharply contrasted. “Amercement” was applied to sums imposed in punishment of misdeeds; the law–breaker had no option of refusing, and no voice in fixing the amount. “Fine,” on the contrary, was used for voluntary offerings made to the King to obtain some favour or to escape punishment. Here the initiative rested with the individual, who suggested the amount to be paid, and was, indeed, under no legal obligation to make any offer at all. This distinction between fines and amercements, absolute in theory, could readily be obliterated in practice. The spirit of the restriction placed by this chapter and by the common law upon the King’s prerogative of inflicting amercements could often be evaded. The Crown might imprison its victims for an indefinite period, and then graciously allow them to offer large payments to escape death by fever or starvation in a noisome gaol: enormous fines might thus be taken, while royal officials were forbidden to inflict arbitrary amercements.

With the gradual elimination of the voluntary element the word “fine” came to bear its modern meaning, while “amercement” dropped out of ordinary use.”