Page:Select historical documents of the Middle Ages.djvu/87

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DIALOGUE CONCERNING THE EXCHEQUER.
67

theless, had not, in consequence of these measures, altogether desisted,—the following plan was hit upon, that the so called " hundred," in which a Norman was found killed in this way—when he who had caused his death was not to be found, and it did not appear from his flight who he was—should be condemned to a large sum of tested silver for the fisc; some, indeed, to 36, some to 44£, according to the different localities and the frequency of the slaying. And they say that this is done with the following end in view, namely, that a general penalty of this kind might make it safe for the passers by,—and that each person might hasten to punish so great a crime and to give up to justice him through whom so enormous a loss fell on the whole neighbourhood. Know that from such payments, as we have said, those who sit at the exchequer are free.

D. Ought not the occult death of an Anglo-Saxon, like that of a Norman, to be reputed murder?

M. By the original institution it ought not to, as thou hast heard: but during the time that the English and Normans have now dwelt together, and mutually married and given in marriage, the nations have become so intermingled that one can hardly tell to-day—I speak of freemen—who is of English and who of Norman race; exceptiiig, however, the bondsmen who are called " villani," to whom it is not free, if their lords object, to depart from the condition of their station. On this account almost always when any one is found thus slain to-day, it is punished as murder; except in the case of those who show certain proofs, as we have said, of a servile condition.

D. I wonder that this prince of singular excellence, and this man of most distinguished virtue, should have shown such mercy towaixls the race of the English, subjugated and suspected by him, that not only did he keep the serfs by whom agriculture could be exercised, from harm, but left even to the nobles of the kingdom their estates and ample possessions.

M. Although these things do not pertain to the matters undertaken and concerning which I have bound myself, I will nevertheless freely expound what I have heard on these matters from the natives themselves. After the conquest of the kingdom, after the just overthrow of the