Page:Select historical documents of the Middle Ages.djvu/148

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SELECT HISTORICAL DOCUMENTS.

shall not avail him, but lie shall be coerced in all things as though he had obtained justice through a sentence. It is a sign, moreover, of such wilful delay, when, keeping by him the writ of the king, he does not use it. However, through the compassion of the prince, they usually proceed rather gently with those who, after promising the money, let the case fall; lest, frustrated in their hope, being deprived also of their possessions without having gained any thing, they be reduced to despair by a double misfortune.

XXIV. As to Beliefs not voluntarily paid.

There are likewise payments of a third kind which do not seem altogether fit to be counted under offerings, but are rather called fines to the exchequer. They are made, namely, when one holding a barony in chief from the king dies and leaves an heir, and that heir compounds with the king for what sum he can, in order that he may merit to enter upon his father's privileges; which fine we commonly call a relief. If it is a barony, indeed, it is at the good pleasure of the king what the amount of the relief ought to be; if, however, it is a question of an escheat which has fallen into the hands of the king through default of an heir or otherwise, for one knight's fee he shall pay under the name of a relief to the king only so much as he would have been about to pay to his lord; that is, one hundred shillings. Some think, moreover, that those who are bounden to the king for reliefs, and do not pay when summoned, are subject to the rules regarding free-will offerings, namely, that when they do not pay they shall be deprived of the favours obtained. But it can be more truly said that it shall be proceeded in the case of reliefs as in the case of pecuniary penalties; for the heritage due to the children by reason of their succession seems to exclude them from the rule concerning voluntary payments.

XXV. What is to he done concerning birds offered, and at what time a summons is to be sent for them.

It likewise happens at times that, for some reason or other, there are promised to the king royal birds; hawks, namely, or falcons. But if he who promises says in expla-