Legal Definitions - de moderata misericordia capienda

DE MODERATA MISERICORDIA CAPIENDA

De moderata misericordia capienda is a Latin term used in law which means "for taking a moderate amercement". It refers to a writ that was issued to a bailiff to impose a reasonable penalty on a party who had been excessively penalized in a court that was not of record. This writ was based on the principles of Magna Carta.

An example of de moderata misericordia capienda would be if a person was fined an excessive amount by a court that was not of record. The person could then request a writ to be issued to a bailiff to impose a more reasonable penalty.

Another example would be if a person was punished too harshly for a crime they committed. They could then request a writ to be issued to a bailiff to impose a more moderate punishment.

The examples illustrate how de moderata misericordia capienda was used to ensure that penalties and punishments were not excessive. This writ allowed for a more reasonable penalty to be imposed on a party who had been unfairly penalized. It was a way to protect the rights of individuals and ensure that justice was served fairly.