Page:Select historical documents of the Middle Ages.djvu/145

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
DIALOGUE CONCERNING THE EXCHEQUER.
125

shall be kept apart, at large, within the enclosure of the prison building. But whoever, by order of his lord, has given an oath to the sheriff, as has been said, and comes but does not pay: the law decrees that such a one shall be seized and put in prison when the exchequer dissolves, whether he be a knight or no. And since any baron is free to set up the oath of his official for the debt that is required of himself, so that he may in the meantime be free from the importunity of the sheriff and may himself arrange his affairs more conveniently: lest thus the authority of the king's mandate be eluded to an infinite extent, it is decreed that, when he is seized who, by not rendering satisfaction, has brought judgment upon himself as being guilty of a broken oath,—straightway servants shall be sent by the sheriff who, going through the estates of the chief lord, selling his chattels as best they can, shall bring the sum required to the exchequer of that term. And, finally, he who was seized for breaking his oath shall pay a pecuniary fine according to his means, and shall not, even though the lord order it, be any more permitted to give an oath concerning- that debt.

XXII. How a lord shall he punished who has voluntarily exposed a knight so that he himself may in the meantime be free.

Furthermore, lest the chief lord may presume upon this with impunity, if he should, by chance, be again summoned for that debt, he shall not again merit the benefit of delay through the oath of a substitute, but solely through his own. Some, indeed, believe that he may not any more, even through his own oath, obtain from the sheriff a delay until the exchequer meets— which benefit or delay, indeed, they who are bounden to the exchequer consider great, for they can in the meantime dispose more favourably of their possessions and prepare what is needed for a payment that is put off for a while,—but they say rather that, having received the summons, the sheriff may be allowed to lay hands at once upon their chattels, according to the common law regarding others. I. do not altogether disagree with such people, I confess; but nevertheless there should be