3> ' CORNELL UNIVERSITY LPBRARY UNDERGRADUATE LIBRARY DATE DUE m "Wttn SlMfl IWul 4i f. tJWUHBBI MGm --^ ^^-^«^ )§*«i GAYLORD PRINTED IN U.S.A Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924014186161 BOHN'S ANTIQUABIAN LIBBAEY. SELECT HISTORICAL DOCUMENTS OF THE MIDDLE AGES. SELECT HISTOEICAL DOCUMENTS OF THE MIDDLE AGES. TRANSLATED AND EDITED BY ERNEST F. HENDEESON, A.B. (TRIN. COLL. CONN.), A.M. (HARVARD), PH.D. (BERLIN). LONDON : 3E0RGE BELL & SONSv YORK ST., COVENT GARDEN, AND NEW YORK 1 1 1892. oV CHISWICK P.iESS :— C. WHITTINGHAM AND CO., TOOKS COURT, CHANCERY LANE. aA GENERAL PREFACE. IN putting before the public a work like the present I am aware that I run the risk of being relentlessly criticised. " Was there ever seen a more motley collection of historical sources ? Is there any one train of thought followed out, any system, at all of selection? The documents chosen cover the modest period of nine hundred years of the world's history, and vary in length from one page to one hundred and twenty ! Law, religion, politics, and general civilization are among the topics chosen for illustration." Such objections as these are not unfounded, but in spite of them my book may and ought to be of use for the class of readers for whom it is intended : namely, for students of history — not specialists as yet — ^who have an interest in the monuments of the past and who seize the first convenient opportunity of acquainting themselves with them. To search them out and to translate them for oneself is a labour for which few have time or inclination, even if they have sufficient knowledge of Latin and of history. It has taken me almost two years to collect and translate the pieces here given — the reader will be able within a few days or weeks to familiarize himself with them and to de- termine which, if any, wiU reward, in his case, a study of the original text. Such documents as I have chosen are the very framework of history. How little are they known, even by those who have perused volumes of references to and comments upon them ! Clauses from them have. VI PREFACE. during centuries, been woven again and again into histories of Europe, but how few people have ever read them in their own rugged simplicity ! And yet a great document is a far greater monument of a crisis in history than is any de- scription of a battle or characterization of a man. It is the corner stone, the last development after many battles, the crystallization of all that has ebbed and flowed during long constitutional struggles. A constitution, for instance, can not lie ; a treaty can not give a garbled view of a trans- action — it is the letter of the law. And how much do such documents tell us ! Is not the Magna Carta at once a summary of all the wrongs of all the men of England, and a record of the remedies applied ? Can the inner life lived for centuries in monasteries possibly be understood without reading the Eule of Benedict? Can tile bitterness and venom of the war of the investitures, or of the other struggles between the Papacy and the Empire, ever be comprehended by one who has not seen the letters of Gregory VII., of Frederick Barbarossa, of Boniface VIII.? And if, through reading original documents, one gains a clearer insight into the truth itself, how much more critical — and how much more appreciative — does one become towards modern writers. Let one of my readers compare a chapter of Milman's "Latin Christianity" with docu- ments here given in the book on Church and State. Nothing can be more instructive than such an exercise. One can examine at leisure the materials with which the historian worked — his methods will be clear from Imowing with what he had to deal ; the documents themselves will be illumined by his intelligence and learning. A guide book is only of real worth to those who are, to some extent, familiar with the scenes described. It is necessary here to say a few words : first, as to why I have chosen the middle ages for my field of operations ; and secondly, as to why I have selected these particular doeu- PREFACE. TU ments from the great store — we know of 40,000 papal letters alone previous to the beginning of the fourteenth century — that is still preserved to us. And here let me add my voice to that of those who ob- ject to an expression, very common twenty years ago, and which has not yet entirely gone out of use — the dark ages. The darkest of all, the tenth, could produce a witty and vivid report like that of Liutprand of Cremona. There are many people sitting in high places in the realm of England to-day who could not begin to describe the nature of their functions in the compact and scholarly wording in which Eichard of Ely composed his dialogue concerning the Exchequer. And those who read the other documents here translated will be astonished to see how clear and full of meaning they are. I have chosen the middle ages because, in spite of many diversities, they have a certain great stamp of unity, and, above all, of simplicity. The EngUshman of the twelfth century had much more in common with the Frenchman and the German of his day than is the case now. They were all one in one faith, and all acknowledged one supreme spiritual head. The papal court was a common meeting place for the best intellects from all lands. There was one common language for all formal interchange of thought. There was one great system which separated aU Europe into classes, and made all the members of a given class akin. A nation, on the other hand, as such, had little influence on its neighbour, mingled seldom in that neighbour's quarrels. Kings went their own way, for the most part untrammelled by fear of interference. Where do we hear of coalitions like those of the Thirty Tears' War, the war of the Spanish Succession, or the Napoleonic struggles ? There were no permanent diplomatic relations, no resident ministers at foreign courts, who could in a moment threaten to break ofE friendly intercourse in the name of their Till PREFACE. governments. And in each country we have only to reckon with a sovereign, a, few bishops and nobles,-and a large un- educated mass of people, not as to-day, with the most far- reaching representation — with an emperor and a diet, a king or queen and a parliament, a president and a senate. And all this simplicity of the times is admirably reflected in the documents that have come down to us. Where have we a treaty in the middle ages that can begin to compare in bulk, or in the number of its articles, with the peace of "Westphalia or in the acts of the congress of Vienna? Questions since treated of in thousands of volumes of state papers had never even been broached. I have tried first of all in this collection to choose the. most comprehensive documents, i.e., those which were im- portant not only for the moment, but which, during long periods of time, were pointed to as conclusive. The Eule of Benedict, for instance, has weathered nearly thirteen cen- turies, and is still observed in places. Magna Carta is, in part, embodied among the still valid statutes of Great Britain. The forged donation of Constantine was made the basis of actual claims at least three hundred years after it was fabricated, and was destined to be believed in until as late as the seventeenth century. The golden bull of Ger- many was punctiliously followed for three centuries without change. In the second place, I have striven to give documents which wiU represent as far as possible the spirit of the time. Popes fulminating anathemas at luckless emperors, and mustering against them the whole hierarchy of Heaven —this is one well-known mediaeval type. Another is the priest exorcising the water for the ordeal, or blessing the red-hot iron. Emperors bidding feuds to cease, and passing laws for the conduct of knights and bishops, vassals and slaves ; popes calling to the crusades, and ofEering eternal rewards for this and that performance; barons sitting PREFACE. IX around the exchequer and transacting the biisiness of the realm — all these are pictures that must find a place in any general -work on the middle ages. It remains for me to say a word of acknowledgment to those who have generously helped me in my present task. One of them, Dr. S. Lowenfeld, can, alas! no longer hear the words of thanks of his disciple. There seldom has been a man who took such unselfish interest in all his pupils. My thanks are also due to Professor Emerton, of Harvard University, who first roused in me an interest in historical studies, and in whose seminary the idea of a book like the present was first broached. In the matter of actual assistance with the work in hand, I am bounden to no one so deeply as to Dr. F. Liebermann, of Berlin, who allowed me to presume upon his amiability to quite an unreasonable extent. He has read with me, word for word, my whole manuscript of the Dialogue con- cerning the Exchequer. E. E. H. MONTEEUX, March ISth, 1892. CONTENTS. PAGE (Jeneral Preface v BOOK I. ENGLAND. 10 11 16 20 135 135 148 149 Introductory Chapter No. I. Laws of William the Conqueror II. Bull of Pope Adrian IV. empowering Henry II. to conquer Ireland (A.D. 1155) .... III. Constitutions of Clarendon (a.d. 1164) . IV, Assize of Clarendon (A.D. 1166) V. Dialogue concerning the Exchequer (c. 1178 a.d.) VI. Laws of Kichard (Coeur de Lion) concerning tlie Punishment of Criminal Crusaders (a.d. 1189) VIL Magna Carta (1215 A. D.) Vm. Statute of Mortmain (1279 A.D.) IX. Statute Quia Emptores (1290 A.D.) . X. Manner of holding Parliament (fourteenth century) 151 XI. Statute of Labourers (1349 A. D.) . . . .165 BOOK II. THE EMPIEE. Introductory Chapter 169 No. L The Salic Law (c. 496 A. D.) 176 II. Capitulary of the Emperor Charlemagne (802 a.d.) 189 III. Division of the Empire among the Sons of the Em- peror Louis the Pious (817 a.d.) . . . .201 IV. Treaty at Aix with regard to the Division of the Kingdomof LotharlL (870 A.D.). . . .206 V. Decree of the Emperor Henry IV. concerning a Truceof God (1085 A.D.) 2D8 VI. Peace of the Land established by Frederick Bar- bajossa (c. 1155 A.D.) 211 Xii CONTENTS. PAGE No. VII. The Establishment of the Duchy of Austria (1156 A.D.) 215 VIII. The Geliihailsen Charter (1180 A.D.) . . .217 IX. The Count Palatine as Judge over the King of the Koraans(1274A.D.) 219 X. The Golden Bull of the Emperor Charles IV. (1356 A.D.) 220 XI. The Foundation Charter of Heidelberg (1386 a.d. ) . 262 BOOK III. THE CHUBCH. Introductory Chapter 267 __- No. I. The Rule of St. Benedict (sixth century). . . 274 II. Formulas for holding Ordeals (Carolingian times) . 314 III. The Forged Donation of Constantine (c. 800 A.D.) . 319 IV. TheFoundationDocumentof Cluny (910A.D.) . 329 V. Summons of Pope Eugene III. to a Crugade (1145 A.D.) 333 VI. Decree concerning Papal Elections (1179 A.D.) . 336 VII. General Summons of Pope Innocent III. to a Crusade (1215 A.D.) . ,337 VIII. The Rule of St. Francis (1223 A.D.) . . . .344 IX. The Institution of the Jubilee by Pope Boniface VIII. (1300 A. D.) 349 BOOK IV. CHUBCH AND STATE. Introductoi-y Chapter 351 No. I. Decree of 1059 A.D. concerning Papal Elections (Papal and Imperial Versions) .... 361 II. pocnments relating to the War of the Investitures (1075-1122) 365 1 and 2, Decrees forbidding lay Investiture . 365 3. Dictate of the Pope 366 4. Letter of Gregory VII. to Henry IV., Dec , 1075 367 5. Henry's Answer, Jan. 24th, 1076 . . . 372 6. Letter of the Bishops to Gregory VII., Jan. 24th, 1076 373 7. First Deposition and Banning of Henry IV., Feb. 22nd, 1076 376 8. Henry's Invitation to the Council at Worms. Royal Justification (1076) .... 377 fcONTENTS. xiii PAGE 9. Justification of Gregory VII. to the Germans (1076, April or May) ..... 380 10. Convention of Oppenlieim : (a) ProVnise of the King to offer Ohedience to the Pope ; (6) Edict cancelling the sentence against Gregory VII. (Oct. 1076) . . . .384 11. Gregory Vllth's Letter to the German Princes concerning the Penance of Henry IV. at Canossa(c. Jan. 28th, 1077) . . .385 12. Second Banning and Deposition of Henry IV. through Gregory VII. (March 7th, 1080) *. . 388 13. Decision of the Council of Brixen (June 25th, 1080) 391 14. Letter of Gregory VII. to Bishop Hermann of Metz (March 15th, 1081) . . .394 15. Negotiations between Paschal II. and Henry v. (1111 A.D.) 405 16. Concordat of Worms (Sept. 23rd, 1122) . 408 No. III. The Vesanijon Episode 410 (a) Letter of Adrian IV. to Barharossa (Sept. 20th, 1157) 410 (6) Manifesto of the Emperor (Oct., 1157) . . 412 (c) Letter of Adrian IV. to tlie German Bishops 414 (d) Letter of the German Bishops to tlie Pope . 416 (e) Letter of Adrian IV. to the Emperor (Feb. , 1158) 418 IV. The Struggle between Frederick Barharossa and Alexander III 420 (a) Epistola Minor of the Council of Pavia (Feb., 1160) . . ' . . . .420 (6) Letter of John of Salisbuiy concerning the Council of Pavia 423 (c) The Peace of Venice (1177 A.D.) . . .425 V. John's Concession of England to thePoi)e(1213A.D.) 430 VL TheBull "ClericisLaicos"(1296A.D.) . . . 432 VII. The Bull " Unam Sanctam" (1299 A.D.) . . . 435 VIIL The Law " Licet Juris " of the Frankfort Diet of 1333 A.D .437 CONTENTS. APPENDIX. PAGE Introductory Bemarks 441 Eeport of Bishop Liutprand, Ambassador of the joint Em- perors Otto I. and Otto II. to the Court of Constanti- nople, 968 A.D 442 SELECT HISTORICAL DOCUMENTS. BOOK I. ENGLAND. Inteoduction. THE foUowing short notes concerning the document here translated, are not intended in any way to b exhaustive. They will fully answer their purpose if the; prove to be suggestive, if they seem to mate the piece they refer to desirable and interesting reading. Th works of Gneist and Stubbs will furnish all the genera knowledge that is necessary as a ground work. No. I., the laws of William the Conqueror, is probabl the sum and substance of all the enactments made by tha sovereign. Especially interesting are the reference in § to the wager of battle — the first mention of that institu tion in English law — and the law against capital punish ment in § 10. Important also is the act dividing th spiritual from, the temporal courts — an act which tendei to increase the independence of the clergy. No. n., the bull of pope Adrian IV., long has been, am BtUl is, an apple of discord among scholars. Is it i genuine document or not ? The question is a weighty om for the transaction it bears witness to was the first ste] towards the annexation of Ireland to England — an annexa tion which really took place, after a warlike expeditior 2 SELECT HISTORICAL DOCUMENTS. sixteen years later. That a papal bull was dispatched to England about this time and concerning this matter is certain. That this was the actual bull sent is doubted by many — I myself am not among the number — from the fact that in form and wording it differs from other papal bulls of the time. The question is still being investigated, and we are promised a word from a certain Berlin pro- 'fessor whose authority is very great in such matters. It is interesting to note that the claim of Adrian IV., here advanced, to jurisdiction over all islands was founded, as we learn from John of Salisbury, on the forged donation of Constantino (v. Book iii. No. iii.) . Urban II. had disposed of Corsica under the same pretension. Lord Lyttleton in his stiU valuable History of Henry II. (vol. v. p. 67) speaks as follows concerning this whole transaction: " Upon the whole, therefore, this bull, like many before and many since, was the mere effect of a league between the papal and regal powers, to abet and assist each other's usxirpations ; nor is it easy to say whether more disturb- ance to the world, and more iniquity, have arisen from their acting conjointly, or from the opposition which the former has made to the latter ! In this instance the best, or indeed the sole excuse for the proceedings of either, was the savage state of the Irish, to whom it might be beneficial to be conquered, and broken thereby to the salutary discipline of civil order and good laws." No. ni., is the list of articles laid before Thomas Becket in 1164, for finally refusing to sign which that prelate went into his long exile. The custom of appealing to Eome— a custom which had begun under Henry I. whose brother was papal legate for England— had assumed alarming dimensions under Henry II. The king had almost no jurisdiction over his clerical subjects. And, to make matters worse, the clergy did not refrain from crimes which called for the utmost BOOK I. ENGLAND. severity of the law. In ten years we hear of more tha one hundred unpunished cases of murder among ther It was to put a stop to such lawlessness that Henry cause the constitutions of Clarendon to be drawn up by two ( his justiciars. They contain nothing new, no right thi did not belong by precedent to the crown. It was tl: way in which the struggle with Bectet was carried o] not the weakness of the King's standpoint that cause the latter to fail in his endeavours. Public sympath turned against him and, in 1174, he was obliged to e: pressly permit appeals to Home. Papal influence was t increase in England until it reached its zenith und€ Innocent III. — ^liege lord and collector of tribute. Of No. IV., the Assize of Clarendon, Stubbs say (Charters, p. 141) : " It is a document of the greates importance to our legal history, and must be regarded a introducing changes into the administration of justic which were to lead the way to self government at n distant time." It is interesting to note (in § 21) the comparative mild ness of the measures against heretics. Half a centur later heresy and apostasy were alike punished with death No. v., the Dialogue concerning the Exchequer, is oni of the few actual treatises of the middle ages. It is i most learned essay concerning all that went on at thi bi-yearly meetings of the exchequer officials, and branch© out into a description of all the sources of revenue of thi English crown, and of the methods of collecting them The value of this essay for early English history cannoi be over-estimated ; in every direction it throws light upoi the existing state of affairs. According to Brunner, Gneist, Pauli, and F. Liebermann the Dialogue was completed in the winter of 1178-9 "^ "Einleitung in den Dialogus de Scaccario." Gottingen 1875. 4 SELECT HISTORICAL DOCUMENTS. Stubbs thinks — or has thought^that it was composed after 1181, perhaps as late as 1188. The author of the work, whose name is not mentioned in the two existing manuscripts, has been proTcd by Madox to be Eichard, son of Bishop Mgel of Ely. Eichard, as well as his father, was for many years a high official at the exchequer, was clear-headed and logical, and was, in addition, gifted with great literary ability. His knowledge of the classics is shown by his frequent quotations from them. As a result of the combination of so many good qualities in its author the Dialogue is not only learned but readable and interesting. There is much to make one believe that the work has an of&cial character, and that it was composed by order of the government. Liebermann regards it as a parallel work to Grlanville's Tractatus. In general Eichard' s assertions are deserving of the highest confidence. Occasionally, indeed, in the matter of derivations and of the origin of institutions, he is found to be weak. Much of his information was gained orally, and in all cases he seems to have gone directly to the highest autho- rity on the particular point to be treated of. No. VI., Eichard's punishments for criminal crusaders, is interesting as showing the discipline that was to be preserved on the ships going to Jerusalem. Curious is the mention of tarring and feathering. As far as I have been able to ascertain this is the first appearance in history of this peculiar punishment, still in vogue in America, though never administered except informally. No. VII., Magna Carta, is the most valued bill of con- cessions ever wrested by a people from its king. It *as granted by the most feeble and worthless monarch that England ever had, but strong and weak alike have since been forced to confii-m it. Whenever, thereafter, a king wanted money or other favors from the people, he was BOOK I. ENGLAND. obliged to swear once more to this charter of libertie Thirty -eight distinct confirmations of this tiud ai recorded. John succeeded in losing all that kings have to los To France he sacrificed the great fiefs held by the Englis from the French kings— he had scorned to answer befoi Philip Augustus for the death of Prince Arthur, and the were confiscated in consequence. Of the church he bi came the bondsman, laying the independence of Englan in the hands of a papal legate, and promising a shamefi tribute.' To the barons he conceded the privileges he translated. They will be seen to place legal restraint c the king in many different ways. The death-knell ^ absolutism had struck in England. The demands that the king, as feudal lord, could mal on his subjects were distinctly regulated — what aids 1 might ask, for what purposes, and when and how ofte All barriers were levelled which had prevented freem* from obtaining justice in the county and other courts- either in criminal or in civil cases. Fines for petty offenc were not to be inordinate, and clemency in certain cas was guaranteed. The taxes and payments of cities well as of individuals were established upon a just basis All in all, as Hallam remarks, "Magna Carta is t; foundation stone of English freedom, and all later prii leges are little more than a confirmation and commenta upon it." No. Vni., the Statute of Mortmain, was intended, Stubbs teUs us, to put an end to "the fraudulent I stowal of estates on religious foundations, on the und( standing that the donor should hold them as fiefs of t church, and as so exonerated from public burdens. . The Statute of Mortmain bears a close relation to t statute Quia Emptores, enacted eleven years later, in whi ' See Book iv. No. v. 6 SELECT HISTORICAL DOCUMENTS. the feudal dues of the superior lords, the king the chief of them, are secured by the abolition of subinfeudation ; as, in this act, they are secured by the limitation of eccle- siastical endowments." No. IX., the Quia Emptores just mentioned, was passed by Edward I., in 1290, to prevent tenants from disposing of their holdings to others, sub-tenants, who felt them- selves dependent on no one save the lord from whom they immediately held. Henceforth the feudal aids were to be paid directly to the lords in chief. No. X. The Manner of holding Parliament. Stubbs describes this document as a " somewhat ideal description of the constitution of parliament in the middle of the fourteenth century." Its value consists in its undoubted antiquity, for it is found already in fourteenth century manuscripts. Its claim to be a relic of the times of the Conqueror seems to have been urged in answer to an inward craving for the sanction of long custom. Just so, many of the laws in the " Sachsenspiegel " are made to date back to Charlemagne. No. XI., the Statute of Labourers, was issued after the great plague of the Black Death, which raged in Europe from 1347 to 1349. The same fields remained to be tilled, the same ma,nua,l labour to be performed ; but a large proportion of the labourers had died, and the rest could command what wages they pleased. Edward III., to stop this evil, issued this rather Draconian decree. STATUTES OF WILLIAM THE CONQUEROR. I. STATUTES OP WILLIAM THE CONQUEEOE. (Stubbs' " Charters." p. 83-85.) Sere is shown what William the hing of the English, togeth with his princes, has established since the Conquest England. 1. Firstly that, above all things, he wishes one G-od : be venerated throughout his whole Mngdom, one faith i Christ always to be kept inviolate, peace and security • be observed between the English and the Normans. 2. We decree also that every free man shall affirm by compact and an oath that, within and without Englan he desires to be faithful to king William, to preserve wil him his lands and his honour with all fidelity, and fir to defend him against his enemies. 3. I wiU, moreover, that all the men whom I ha^ brought with me, or who have come after me, shaU be : my peace and quiet. And if one of them shall be slai the lord of his murderer shall seize him within five day if he can ; but if not, he shall begin to pay to me fort; six marks of silver as long as his possessions shall ho out. But when the possessions of the lord of that ms are at an end, the whole hundred in which the slayit took place shall pay in common what remains. 4. And every Frenchman who, in the time of my relatr king Edward, was a sharer in England of the custon of the Enghsh, shall pay according to the law of tl English what they themselves call "onhlote" and "anscote This decree has been confirmed in the city of Grloucester. 5. We forbid also that any live cattle be sold or boug] for money except within the cities, and this before thn faithful witnesses ; nor even anything old without a sure and warrant. But if he do otherwise he shall pay, ai shall afterwards pay a fine. 6. It was also decreed there that if a Erenchms summon an Englishman for perjury or murder, thei 8 SELECT HISTORICAL DOCUMENTS. homicide, or " ran " — as the English call evident rape which can not he denied — ^the Englishman shall defend himself as he prefers, either through the ordeal of iron, or through wager of battle. But if the Englishman be in- firm, he shall find another who will do it for him. If one of them shall be vanquished he shall pay a fine of forty- shillings to the king. If an Englishman summon a Frenchman, and be unwilliag to prove his charge by judg- ment or by wager of battle, I will, nevertheless, that the Frenchman purge himself by an informal oath. ?. This also I command and will, that all shall hold and keep the law of Edward the king with regard to their lands, and with regard to all their possessions, those pro- visions being added which I have made for the utility of the English people. 8. Every man who wishes to be considered a freeman shall have a surety, that his surety may hold him and hand him over to justice if he offend in any way. And if any such one escape, his sureties shall see to it that, without making difiiculties, they pay what is charged against himj and that they clear themselves of having known of any fraud in the matter of his escape. The hundred and county shall be made to answer as our predecessors decreed. And those that ought of right to come, and are unwilling to appear, shall be summoned once ; and if a second time they are unwilliag to appear, one ox shall be taken from them and they shall be summoned a third time. And if they do not come the third time, another ox shall be taken : but if they do not come the fourth time there shall be forfeited from the goods of that man who was unwilling to come, the extent of the charge against him, — " ceap- geld" as it is called,— and besides this a fine to the king. 9. I forbid any one to sell a man beyond the limits of the country, under penalty of a fine in full to me. 10. I forbid that anyone be killed or hung for any fault, but his eyes shall be torn out or his testicles cut off. And this command shall not be violated under penalty of a fine in full to me. STATUTES OF WILLIAM THE CONQUEKOR. Ordmance of William I., separating the Spiritual and Temporal Oov/rts. William by the grace of G-od King of tlie English, \ E. Barnard and Gr. de Magnavilla, and P. de Valoines, an to my other faithful ones of Essex and of Hertfordshii and of Middlesex, greeting. Know all of you and m other faithful ones who remain iu England, that in common council and by the advice of the archbishops an bishops, and abbots, an^ of all the princes of my kingdon I have decided that the episcopal laws, which up to m time in the kingdom of the English have not been right c according to the precepts of the holy canons, shall I emended. Wherefore I command, and by royal authorit decree, that no bishop or archdeacon shall any longer hol( in the hundred court, pleas pertaining to the episcops laws, nor shall they bring before the judgment of secula men any case which pertains to the rule of souls ; but wh( ever shall be summoned, according to the episcopal laws, i any case or for any fault, shall come to the place which tl bishop shall choose or name for this purpose, and sha there answer in his case or for his fault, and shall perfon his law before God and his bishop not according to the hui dred court, but according to the canons andtheepiseopallaw But if any one, elated by pride, shall scorn or be unwillin to come before the judgment seat of the bishop, he shall 1 summoned once and a second and a third time ; and if n( even then he come to make amends, he shall be excon municated ; and, if it be needful to give effect to this, tl power and justice of the kiug or the sheriff shall be calle in. But he who was summoned before the judgment sei of the bishop shall, for each summons, pay the episcopi fine. This also I forbid and by my authority interdict, thi any sheriff, or prevost, or minister of the king, or any la] man concern himself in the matter of laws which pertai to the bishop, nor shall any layman summon another ma to judgment apart from the jurisdiction of the bisho] But judgment shall be passed in no place except within tl episcopal see, or in such place as the bishop shall fix upo for this purpose. 10 SELECT HISTORICAL DOCUMENTS. II. THE BULL or POPE ADEIAN IV. EMPOWEEING- HENET 11. TO CONQUEE lEELAND. A.D. 1155. (Lyttleton's " Life of Henry II.,'' vol. v. p. 371.) Bishop Adrian, servant of the servants of G-od, sends to his dearest son in Christ, the illustrious king of the Eng- lish, greeting and apostolic benediction. Laudably and profitably enough thy magnificence thinks of extending thy glorious name on earth, and of heaping up rewards of eternal felicity in Heaven, inasmuch as, like a good catholic prince, thou dost endeavour to enlarge the bounds of the church, to declare the truth of the Christian faith to igno- rant and barbarous nations, and to extirpate the plants of evil from the field of the Lord. And, in order the better to perform this, thou dost ask the advice and favour of the apostolic see. In which work, the more lofty the counsel and the better the guidance by which thou dost proceed, so much more do we trust that, by God's help, •thou wilt progress favourably in the same ; for the reason that those things which have taken their rise from ardour of faith and love of religion are accustomed always to come to a good end and termination. There is indeed no doubt, as thy Highness doth also acknowledge, that Ireland and all other islands which Christ the Sun of Eighteousness has illumined, and which have received the doctrines of the Christian faith, belong to the jurisdiction of St. Peter and of the holy Eoman Church. Wherefore, so much the more willingly do we grant to them that the right faith and the seed grateful to God may be planted in them, the more we perceive, by examining more strictly our conscience, that this will be required of us. Thou hast signified to us, indeed, most beloved son in Christ, that thou dost desire to enter into the island of Ireland, in order to subject the people to the laws and to BULL OF ADRIAN IV. 1. extirpate the vices that have there taken root, and tha' thou art willing to pay an annual pension to St. Peter o: one penny from every house, and to preserve the rights o: the churches in that land inviolate and entire. We, there fore, seconding with the favour it deserves thy pious an( laudable desire, and granting a benignant assent to thi petition, are well pleased that, for the enlargement of th( bounds of the church, for the restraint of vice, for th( correction of morals and the introduction of virtues, fo: the advancement of the Christian religion, thou should' s enter that island, and carry out there the things that lool to the honour of Grod and to its own salvation. And ma; the people of that land receive thee with honour, anc venerate thee as their master; provided always that th( rights of the churches remain inviolate and entire, anc saving to St. Peter and the holy Eoman Church the annua pension of one penny from each house. If, therefore, thoi dost see fit to complete what thou hast conceived in th; mind, strive to imbue that people with good morals, am bring it to pass, as well through thyself as througl those whom thou dost know from their faith, doctrine and course of life to be fit for such a work, that the churcl may there be adorned, the Christian religion planted anc made to grow, and the things which pertain to the honou of G-od and to salvation be so ordered that thou may's merit to obtain an abundant and lasting reward from G-od and on earth a name glorious throughout the ages. in. CONSTITUTIONS OF CLAEENDON. (1164.) (Stubbs' " Charters," p. 135.) In the year 1164 from the Incarnation of our Lord, ii the fourth year of the papacy of Alexander, in the tentl year of the most illustrious king of the English, Henry II. in the presence of that same king, this memorandum o inquest was made of some part of the customs and libertie and dignities of his predecessors, viz., of king Henry hi 12 SELECT HISTORICAL DOCUMENTS. grandfather and others, which ought to be obsei-ved and kept in the kingdom. And on account of the dissensions and discords which had arisen between the clergy and the Justices of the lord king, and the barons of the kingdom, concerning the customs and dignities, this inquest was made in the presence of the archbishops and bishops, and cleirgy and counts, and barons and chiefs of the kingdom. And these customs, recognized by the archbishops and bishops and counts and barons and by the nobler ones and elders of the kingdom, Thomas Archbishop of Canter- bury, and Eoger archbishop of York, and Grilbert bishop of London, and Henry bishop of Winchester, and Nigel bishop of Ely, and William bishop of Norwich, and Robert bishop of Lincoln, and Hilary bishop of Chichester, and Jocelin bishop of Salisbury, and Eichard bishop of Chester, and Bartholemew bishop of Exeter, and Eobert bishop of Hereford, and David bishop of le Mans, and Roger elect of Worcester, did grant ; and, upon the Word of Truth did orally firmly promise to keep and observe, under the lord king and under his heirs, in good faith and without evil wile, — in the presence of the following: Eobert count of Leicester, Eegiaald count of Cornwall, Conan count of Bretagne, John count of Bu, Eoger count of Clare, count Geoffrey of Mandeville, Hugo count of Chester, William count of Arundel, count Patrick, William count of Eerrara, Eichard de Luce, Eeginald de St. Walerio, Eoger Bigot, Eeginald de Warren, Eicher de Aquila, WilUam de Braiose, Eichard de Camville, Nigel de Mowbray, Simon de Bello Campo, Humphrey de Bohen, Matthew de Hereford, Walter de Medway, Mauassa Biseth —steward, William Malet, William de Curcy, Eobert de Dunstanville, Jocelin de Balliol, William de Lanvale, William de Caisnet, Geoffrey de Vere, WiUiam de Hastings] Hugo de Moreville, Alan de Neville, Simon son of Peter, William Malduit— chamberlain, John Malduit, John Mar- shall, Peter de Mare, and many other chiefs and nobles of the kingdom, clergy as well as laity. A certain part, moreover, of the customs and dignities of the kingdom which were examined into, is contained m the present writing. Of which part these are the paragraphs ; CONSTITUTIONS OF CLARENDON. li § 1. If a controversy concerning advowson and presenta tion of cliurches arise between laymen, or between laymei and clerks, or between clerks, it shall be treated of anc terminated in the court of the lord king. § 2. Churches of the fee of the lord king cannot, unti all time, be given without his assent and concession. § 3. Clerks charged and accused of anything, beinj summoned by the Justice of the king, shall come into hi court, about to respond there for what it seems to th king's court that he should respond there; and in th ecclesiastical court for what it seems he should respoiK there ; so that the Justice of the king shall send to the cour of the holy church to see in what manner the affair will ther be carried on. And if the clerk shall be convicted, or shal confess, the church ought not to protect him further. § 4. It is not lawful for archbishops, bishops, and per sons of the kingdom to go out of the kingdom without th permission of the lord king. And if it please the kin: and they go out, they shall give assurance that neither i going, nor in makiag a stay, nor in returning, will the; seek the hurt or harm of king or kingdom. § 5. The excommunicated shall not give a pledge as permanency, nor take an oath, but only a pledge an surety of presenting themselves before the tribunal of th church, that they may be absolved. § 6. Laymen ought not to be accused unless throug reliable and legal accusers and witnesses in the present of the bishop, in such wise that the archdean do not loe his right, nor any thing which he ought to have from ii And if those who are inculpated are such that no on wishes or dares to accuse them, the sheriff, being requeste by the bishop, shall cause twelve lawful men of the neigl bourhood or town to swear in the presence of the bishoj that they will make manifest the truth in this mattei according to their conscience. § 7. No one who holds of the king in chief, and no on of his demesne servitors, shall be excommunicated, nc shall the lands of any one of them be placed under a interdict, unless first the lord king, if he be in the land, c his Justice, if he be without the kingdom, be asked to d justice concerning him : and in such way that what sha 14 SELECT HISTORICAl DOCUMENTS. pertain to the king's court shall there be terminated ; and with regard to that which concerns the ecclesiastical court, he shall be sent thither in order that it may there be treated of. § 8. Concerning appeals, if they shall arise, from the archdean they shall proceed to the bishop, from the bishop to the archbishop. And if the archbishop shall fail to render justice, they must come finally to the lord king, in order that by his command the controversy may be ter- minated in the court of the archbishop, so that it shall not proceed further without the consent of the lord king. § 9. If a quarrel arise between a clerk and a layman or between a layman and a clerk concerning any tenement which the clerk wishes to attach to the church property, but the layman to a lay fee : by the inquest of twelve law- ful men, through the judgment of the chief Justice of the king, it shall be determined, in the presence of the Justice himself, whether the tenement belongs to the church pro- perty, or to the lay fee. And if it be recognized as be- longing to the church property, the case shall be pleaded in the ecclesiastical court ; but if to the lay fee, unless both are holders from the same bishop or baron, the ease shall be pleaded in the king's court. But if both vouch to warranty for that fee before the same bishop or baron, the case shall be pleaded in his court ; in such way that, on account of the inquest made, he who was fi.rst in possession shall not lose his seisin, until, through the pleading, the case shall have been proven. § 10. Whoever shall belong to the city or castle or for- tress or demesne manor of the lord king, if he be sum- moned by the archdean or bishop for any ofEence for which he ought to respond to them, and he be unwilling to answer their summonses, it is perfectly right to place him under the interdict ; but he ought not to be excommuni- cated until the chief servitor of the lord king of that town shall be asked to compel him by law to answer the sum- monses. And if the servitor of the king be negligent in this matter, he himself shall be at the mercy of the lord king, and the bishop may thenceforth visit the man who ' was accused with ecclesiastical justice. § 11. Archbishops, bishops, and all persons of the king- • CONSTITUTIONS OF CLARENDON. 15 dom who hold of the' king in chief have their possessions of the lord king as a barony, and answer for them to the Justices and servitors of the king, and follow and perform all the customs and duties as regards the king ; and, like other barons, they ought to be present with the barons at the judgments of the court of the lord king, until it comes to a judgment to loss of life or limb. § 12. When an archbishopric is vacant, or a bishopric, or an abbey, or a priory of the demesne of the king, it ought to be in his hand ; and he ought to receive all the revenues and incomes from it, as demesne ones. And, when it comes to providing for the church, the lord king should summon the more important persons of the church, and, in the lord king's own chapel, the election ought to take place with the assent of the lord king and with the counsel of the persons of the kingdom whom he had called for this purpose. And there, before he is consecrated, the person elected shall do homage and fealty to the lord king as to his liege lord, for his life and Ms members and his earthly honours, saving his order. § 13. If any of the nobles of the kingdom shall have dispossessed an archbishop or bishop or archdean, the lord king should compel them personally or through their families to do justice. And if by chance any one shall have dispossessed the lord king of his right, the arch- bishops and bishops and archdeans ought to compel him to render satisfaction to the lord king. § 14. A church or cemetery shall not, contrary to the king's justice, detain the chattels of those who are undei penalty of forfeiture to the king, for they (the chattels] are the king's, whether they are found within the churches or without them. § 15. Pleas concerning debts which are due through th< giving of a bond, or without the giving of a bond, shal be in the jurisdiction of the king. § 16. The sons of rustics may not be ordained withoui the consent of the lord on whose land they are known tc have been born. Moreover, a record of the aforesaid royal customs anc dignities has been made by the aforesaid archbishops anc bishops, and counts and barons, and nobles and elders o: 16 SELECT HISTORICAL DOCUMENTS. the kingdom, at Clarendon on the fourth day before the Purification of the Messed Mary the perpetual Virgin; the lord Henry heing there present with his father the lord king. There are, moreover, many other and great customs and dignities of the holy mother church, and of the lord king, and of the barons" of the kingdom, which are not contaiaed in this writ. And may they be pre- served to the holy church, and to the lord king, and to his heirs, and to the barons of the kingdom, and may they be inviolably observed for ever. IV. ASSIZE OF CLAEBNDON, 1166. (Stubbs' " Charters," p. 143.) 1. In the first place the aforesaid king Henry, by the counsel of all his barons, for the preservation of peace and the observing of justice, has decreed that an inquest shall be made throughout the separate counties, and throughout the separate hundreds, through twelve of the more lawful men of the hundred, and through four of the more lawful men of each township, upon oath that they will speak the truth : whether in their hundred or in their township there be any man who, since the lord king has been king, has been charged or published as being a robber or murderer or thief; or any one who is a harbourer of robbers or murderers or thieves. And the Justices shall make this inquest by themselves, and the sheriffs by themselves. 2. And he who shall be found through the oath of the aforesaid persons to have been charged or published as being a robber, or murderer, or thief, or a receiver of them, since the lord king has been king, shall be taken and shall go to the ordeal of water, and shall swear that he was not a robber or murderer or thief or receiver of them since the lord king has been king, to the extent of five shillings as far as he knows. 3. And if the lord of him who has been taken, or his steward or his vassals, shall, as his sureties, demand him ASSIZE OF CLARENDON. 17 back within three days after he has been taken, he himself, and his chattels, shall be remanded under surety until he shall have done his law. 4. And when a robber or murderer or thief, or har- bourers of them, shaU. be taken on the aforesaid oath, if the Justices shall not be about to come quickly enough into that county where they have been taken, the sheriffs shall send word to the nearest Justice through some intelli- gent man, that they have taken such men ; and the Justices shall send back word to the sheriffs where they wish those men to be brought before them : and the sheriffs shall bring them before the Justices. And with them they shall bring, from the hundred or township where they were taken, two lawful men to bear record on the part of the county and hundred as to why they were taken ; and there, before the Justice, they shall do their law. ^. And in the case of those who shall be taken on the aforesaid oath of this Assize, no one shall have court or justice or chattels save the king himself in his own court, before his own Justices ; and the lord king shall have all their chattels. But in the case of those who shall be taken ' otherwise than through this oath, it shall be as it ordinarily is and ought to be. 6. And the sheriffs who take them shall lead them before the Justice without other summons than they have from him. And when the robbers or murderers or thieves, or receivers of them, who shall be taken through the oath or otherwise, are given over to the sheriffs, they also shall re- ceive them straightway without delay. 7. And, in the different counties where there are no jails, such shall be made in the burgh or in some castle of the king from the money of the king and from his woods if they be near, or from some other neighbouring woods, by view of the servants of the king ; to this end, that the sheriffs may keep in them those who shall be taken by the servitors who are accustomed to do this, and through their servants. 8. The lord king wills also that all shall come to the county courts to take this oath ; so that no one shall re- main away, on account of any privilege that he has, or of a court or soc that he may have, from coming to take this oath c 18 SELECT HISTORICAL DOCUMENTS. 9. And let there be no one, within his castle or without his castle, nor even in the honour of Wallingford, who shall forbid the sheriffs to enter into his court or his land to take the view of frankpledge; and let all be under pledges : and let them be sent before the sheriffs under free pledge. 10. And, in. the cities or burroughs, let no one have men or receive them in his home or his land or his soc whom he will not take in hand to present before the Justice if they be required ; or let them be in frankpledge. 11. And let there be none within a city or burroughs or castle, or without it, nor also in the honour of Wallingford, who shall forbid the sheriffs to enter, into their land or soc to take those who shall have been charged or pubhshed as being robbers or murderers or thieves, or harbourers of the same, or outlawed or accused with regard to the forest, but he (the king) commands that they shall aid them (the sheriffs) to take them (the robbers, etc.). 12. And if any one shall be taken who shall be possessed of robbed or stolen goods, if he be notorious and have evil testimony from the public, and have no warrant, he shall not have law. And if he be not notorious, on account of the goods in his possession, he shall go to the water. 13. And if any one shall confess before lawful men, or in the hundred court, concerning robbery, murder, or theft, or the harbouring of those committing them, and after- wards wish to deny it, he shall not have law. 14. The lord kiug wishes also that those who shall "be tried and shall be absolved by the law, if they be of very bad testimony and are publicly and disgracefully defamed by the testimony of many and public men, shall forswear the lands of the king, so that within eight days they shall cross the sea unless the wind detains them ; and, with the first wind which they shall have afterwards, they shall cross the sea; and they shall not return any more to England unless by the mercy of the lord king : and there, and if they return, they shall be outlawed ; and if they re- turn they shall be taken as outlaws. 15. And the lord king forbids that any waif, that is vagabond or unknown person, shall be entertained any where except in the burgh, and there he shall not be ASSIZE OF CLARENDON. 19 entertained more than a night, unless he become ill there, or his horse, so that he can show an evident essoin. 16. And if he shall have been there more than one night, he shall be taken and held until his lord shall come to pledge him, or until he himself shall procure safe pledges ; and he likewise shall be taken who shall have entertained him. 17. And if any sheriff shall send word to another sheriff that men have fled from his county into another county on account of robbery or murder or theft, or the harbouring of them, or for outlawry, or for a charge with regard to the forest of the king, he (the sheriff who is informed) shall capture them : and even if he learn it of himself or through others that such men have fled iato his county, he shall take them and keep them in custody until he have safe pledges from them. 18. And all sheriffs shall cause a register to be kept of all fugitives who shall flee from their counties ; and this they shaU. do before the county assemblies ; and they shall write down and carry their names to the Justices when first they shall come to them, so that they may be sought for throughout all England, and their chattels may be taken for the service of the king. 19. And the lord king wills that, from the time when the sheriffs shall receive the summonses of the itinerant Justices to appear before them with their counties, they shall assemble their counties and shall seek out all who have come anew into their counties since this assize ; and they shall send them away under pledge that they will come before the Justices, or they shall keep them in custody until the Justices come to them, and then they shall bring them before the Justices. 20. The lord king forbids, moreover, that monks or canons or any religious house, receive any one of the petty people as monk or canon or brother, until they know of what testimony he is, unless he shall be sick unto death. 21. The lord king forbids, moreover, that any one in. all England receive in his land or his soc or the home under him any one of that sect of renegades who were excommu- nicated and branded at Oxford. And if any one receive them, he himself shall be at the mercy of the lord king ; 20 SELECT HISTORICAL DOCUMENTS. and the house in which they have been shall be carried without the town and burned. And each sheriff shall swear that he will observe this, and shall cause all his servitors to swear this, and the stewards of the barons, and all the knights and free tenants of the counties. 22. And the lord king wills that this assize shall be kept in his kingdom as long as it shall please him. V. THE DIALOGUE CONCEENING THE EXCHEQUEE. (Stubbs' "Charters," p. 168.) Pbbface. It is necessary to subject one's self in all fear to the powers ordained by God, and likewise to serve them. For every power is from God the Lord. iTor does it therefore seem absurd or foreign to ecclesiastics, by serving kings who are, as it were, pre-eminent, and other powers, to up- hold their rights ; especially in matters which are not con- trary to divine Truth or honesty. But one should serve them not alone in preserving those dignities through which the glory of the royal majesty shines forth, but also in pre- serving the abundance of worldly wealth which pertains to them by reason of their station : for the former cast a halo round them, the latter aid them. For indeed abundance of means, or the lack of them, exalts or humbles the power of princes. For those who lack them will be a prey to their enemies, to those who have them their enemies will fall a prey. But although it may come about that these accrue to kings for the most part, not by some right that has been thoroughly examined into, but at times through paternal customs, at times through the secret designs of their own hearts, or occasionally through the arbitrariness of their own sole will, nevertheless their acts are not to be discussed or condemned by their subjects. For the cause of those DIALOGUE CONCERNING THE EXCHEQUER. 21 whose hearts and the motions of whose hearts are in the hand of G-od, and to whom by God Himself the sole care of their subjects has been committed, stands and falls before a Divine tribunal alone, not before a human one. Let no one, therefore, no matter how rich, flatter himself that he will go unpunished if he act otherwise, for of such it is written, " the powerful shall powerfully suffer tor- ments." Therefore of whatever nature the origin or manner of acquiring may be or may seem to be, those who are of&cially deputed to look after the revenues should be none the more remiss in caring for them. But in the matter of collecting, guarding, and distributing them, careful dili- gence befits those who are about to render an account, as it were, of the state of the kingdom, which, through the revenues, is preserved from harm. We know, indeed, that chiefly by prudence, fortitude, temperance, and justice, and other virtues, kingdoms are ruled and laws subsist ; where- fore the rulers of the world should strive after these with all their strength. But it happens at times that what is conceived with sound counsel and excellent intent is carried through by, so to say, a routine-like method. But this is not only necessary in time of war but also in time of peace. For at the one time it displays itself in fortify- ing towns, in delivering to the soldiers their pay, and in very many other ways, according to the quality of the persons, for the sake of keeping up the condition of the kingdom ; at the other, although the weapons are at rest, churches are built by devout princes, Christ is fed and clothed in the person of the poor, and, by persisting in other acts of benevolence, it exhibits itself in charity. But the glory of princes consists in the mighty deeds of both seasons, but it excels in those where, instead of temporal riches, lasting ones, with their blessed reward, are attained. Wherefore, illustrious king, greatest of earthly princes, inasmuch as we have often seen thee glorious in both seasons, not sparing indeed treasures of money, but providing for the suitable expenses according to the place, time, and persons, we have dedicated to thy Excellency this modest work, not written concerning great matters or in brilliant discourse, but in rustic style, having to do with the necessary observances of thy exchequer. We lately 22 SELECT HISTORICAL DOCUMENTS. saw thee somewhat concerned as to these, so that, dis- patching discreet men from thy side, thou didst address thyself to the then bishop of Ely in this matter. Nor was it extraordinary that a man of such surpassing genius, a prince of such singular power, should, among other greater matters, also have provided for these. For the exchequer, indeed, comes to its laws not at hap-hazard, but through the thoughtfulness of great men ; and, if its rules be regarded in all things, the rights of individuals can be preserved, and what is due to the fisc will come to thee in full ; which same thy hand, which ministers to thy most noble mind, can suitably distribute. FiEST Book. In the twenty- third year of the reign of King Henry II., while I was sitting at the window of a tower next to the Eiver Thames, a man spoke to me impetuously, saying : " master, hast thou not read that there is no use in science or in a treasure that is hidden ? " when I replied to him, "I have read so," straightway he said: "why, therefore, dost thou not teach others the knowledge concerning 'the exchequer which is said to be thine to such an extent, and commit it to writing lest it die with thee ? " I answered : " lo, brother, thou hast now for a long time sat at the exchequer, and nothing is hidden from thee, for thou art painstaking. And the same is probably the case with the others who have seats there." But-he,' " just as those who walk in darkness and grope with their hands frequently stumble,-;-so many sit there who seeing do not perceive, and hearing do not understand." Then I, " thou speakest irreverently, for neither is the knowledge so great nor does it concern such great things ; but perchance those who are occupied with important matters have hearts like the claws of an eagle, which do not retain small things, but which great ones do not escape." And he, "so be it: but although eagles fly very high, nevertheless they rest and refresh themselves in humble places ; and therefore we beg thee to explain humble things which wiU be of profit to the eagles themselves." Then I ; " I have feared to put to- gether a work concerning these things because they lie DIALOGUE CONCERNING THE EXCHEQUER. 23 open to the bodily senses and grow common by daily use ; nor is there, nor can there be in them a description of subtile things, or a pleasing invention of the imagination." And he, " those who rejoice in imaginings, who seek the flight of subtile things, have Aristotle and the books of Plato; to them let them listen. Do thou write not subtile but useful things." Then I ; "of those things vhich thou demandest it is impossible to speak except in common discourse and in ordinary words." " But," said he, as if aroused to ire, — for to a mind filled with desire nothing goes quickly enough, — " writers on arts, lest they might seem to know too little about many thiags, and in order that art might less easily become known, have sought to appropriate many things, and have concealed them under unknown words : but thou dost not undertake to write about an art, but about certain customs and laws ol the exchequer ; and since these ought to be common, common words must necessarily be employed, so that the style may have relation to the things of which we are speaking. Moreover, although it is very often allowable to' invent new words, I beg, nevertheless, if it please thee, that thou may'st not be .asha,med to use the customary names of the things themselves which readily occur to the mind, so that no new difficulty from using unfamiliar words may arise to disturb us." Then I ; " I see that thou art angry ; but be calmer ; I will do what thou dost urge, EisBj therefore, and sit opposite to me ; and ask me con- cerning those things that occur to thee. But if thou shall propound something unheard of, I shall not blush to saj ' I do not know.' But let us both, like discreet beings come to an agreement." And he; "thou respondesi to my wish. Moreover, although an elementary old mat is a disgraceful and ridiculous thing, I will nevertheless begin with the very elements." I. What the Exchequer is, and what is the reason of this name. Disciple. What is the exchequer ? Master. The exchequer is a quadrangular surface abou ten feet in length, five in breadth, placed before those wh( 24 SELECT HISTORICAL DOCUMENTS. sit around it in the manner of a table, and all around it it has an edge about the height of one's four fingers, lest any thing placed upon it should fall ofE. There is placed over the top of the exchequer, moreover, a cloth bought at the Easter term, not an ordinary one but a black one marked with stripes, the stripes being distant from each other the space of a foot or the breadth of a hand. In the spaces ' moreover are counters placed according to their values; about these we shall speak below. Although, moreover, such a surface is called exchequer, nevertheless this name is so changed about that the court itself which sits when the exchequer does is called exchequer ; so that if at any time through a decree any thing is established by common counsel, it is said to have been done at the exchequer of this or that year. As, moreover, one says to-day " at the exchequer," so one formerly said " at the tallies." D. What is the reason of this name ? M. No truer one occurs to me at present than that it has a shape similar to that of a chess board. D. Would the prudence of the ancients ever have called it so for its shape alone, when it might for a similar reason be called a table (tabularium) r" M. I was right in calling thee painstaking. There is another, but a more hidden reason. For just as, in a game of chess, there are certain grades of combatants and they proceed or stand still by certain laws or limitations, some presiding and others advancing: so, in this, some preside, some assist by reason of their office, and no one is free to exceed the fixed laws; as will be manifest from what is to fbllow. Moreover, as in chess the battle is fought between kings, so in this it is chiefly between two that the conflict takes place and the war is waged, — the treasurer, namely, and the sheriff who sits there to render account; the others sitting by as judges, to see and to judge. D. Will the accounts be received then by the treasurer, although there are many there who, by reason of their power, are greater':' M. That the treasurer ought to receive the account from the sheriff is manifest from this, that the same is required from him whenever it pleases the king : nor could that be DIALOGUE CONCERNING THE EXCHEQUER. 25 required of him -whieli he had not received. Some say, nevertheless, that the treasurer and the chamberlains should be bounden alone for what is written in the roUs in the treasury, and that for this an account should be demanded of them. But it is believed with more truth that they should be responsible for the whole writing of the roll, as wiU be readily understood from what is to follow. II. That there is a lower one and an upper one ; both have the same origin however. B. Is that exchequer, in which such a conflict goes on, the only one ? M. So. For there is a lower exchequer which is also called the Eeceipt, where the money is handed over to be counted, and is put down iu writing and on tallies, so that afterwards, at the upper exchequer, an account may be rendered of them. ; both have the same origin however, for whatever is declared payable at the greater one is here paid ; and whatever has been paid here is accounted for there. III. As to the nature or a/rrangement of the lower one according to the separate offices. D. What is the nature or arrangement of the lower exchequer ? M. As I see, thou canst not bear to be ignorant of any of these things. Know then that that lower exchequer has its persons, distinct from each other by reason of their ofEices, but with one intent devoted to the interests of the king, due regard, nevertheless, being paid to equity; all serving, moreover, not in their own names but in the names of their masters ; with the exception of two knights, he, namely, who conducts the assays, and the melter. Their offices depend on the will of our king ; hence they seem to belong rather to the upper than to the lower ex- chequer, as will be explained below. The clerk of the treasurer is there with his seal. There are also two knights of the chamberlains. There is also a certain 26 SKLECT HISTORICAL DOCUMENTS. knight who may be called the silverer, for, by reason of his office, he presides at the testing of silver. There is also the melter who tests the silver. There are also four tellers to coimt the money. There is also the usher of the treasury and the watchman. These, moreover, are their offices : The clerk of the treasurer, when the money has been counted and put in boxes by' the hundred pounds, affixes his seal and puts down in writing how much he has received, and from whom, and for what cause ; he registers also the tallies which have been made by the chamberlains concerning that receipt. Not only, moreover, does he place his seal on the sacks of money, but also, if , he wishes, on the chests and on the separate boxes in which the rolls and tallies are placed, and he diligently supervises all the offices which are under him, and nothing is hidden from him. The office of the knights, who are also called chamberlains because they serve in the name of the chamberlains, is this : they carry the /keys of the chests ; for each chest has two locks of a different kind, that is, to neither of which the key of the other can be fitted; and they carry the keys of them. Each chest, moreover, is girded with a certain immovable strap, on which, in addition, when the locks are closed the seal of the treasurer is placed ; so that neither of the chamber- lains can have access except by common consent. Like- wise it is their duty to weigh the money which has been counted and placed by the hundred shillings in wooden receptacles, so th^t there be no error in the amount ; and then, at length, to put them in boxes by the hundred pounds as has been said. But if a receptacle is found to have any deficiency, that which is thought to be lacking is not made good by calculation, but straightway the doubtful one IS thrown back into the heap which is to be counted. And take note that certain counties from the time of king Henry I. and in the time of king Henrv II. could' lawfully offer for payment coins of any kind of money provided they were of silver and did not differ from the lawful weight ; because indeed, by ancient custom, not themselves havmg moneyers, they sought their coins from on all sides ; such are Northumberland and Cumberland. Coins thus received, moreover, although they came from a farm DIALOGUE CONCERNING THE EXCHEQUER. 2! -were nevertheless set apart from the others with som< marks placed on them. But the remaining counties wer« accustomed to bring only the usual and lawful coin of th( present money as well from farms as from pleas. Bui after the illustrious ting whose renown shines the hrigh^ei in great matters, did, in his reign, institute one weighl and one money 'for the whole kingdom, each county hegai to he bound by one necessity of law and to be constrainec by the manner of payment of a general commerce. All therefore, in whatever manner they are bounden, pay the same kind of money ; but nevertheless all do not sustair the loss which comes from the testing by combustion The chamberlains likewise make the talUes of receipts and have in common with the clerk of the treasurer t( disburse the treasure received when required by vnrits o: the king or an order of the barons ; not, however, withou consulting their masters. These three, all together or bj turns, are sent with treasure when it is necessary. Thes< three have the principal care of all that is done in th« lower exchequer. B. Therefore, as I perceive, these men are allowed t< disburse the treasure received, in consequence of a roya writ or of an order from those who preside — after con sultation with their masters, however. M. They are allowed, I say; in so far as they an entrusted with the payment of the servants of the lowe: exchequer, and with buying the small necessaries of th< exchequer, such as the wooden receptacles, and othei things which will be mentioned below ; but not otherwise When any one brings a writ or order of the king fo: money, by command of their masters that sum which is expressly named in the writ may be paid, with the under standing that, before he go out, he shall count the mone^ received. But if anything be lacking, he who received ii shall return to the exchequer and shall give an oath tc this efEect: that he has brought back as much as h( received, adding this, wpon his conscience, as is done ir other things ; and this being done the rest shall be paic him, it being first counted in the presence of all by th( regular tellers. But if, the conditions being knovm tc him, he shall have gone out of the door of the treasury 28 SELECT HISTORICAL DOCUMENTS. whoever the person, or however great the loss, no heed shall be paid to him. The offices of the knight silverer and of the melter are conjoined and belong rather to the upper exchequer, and therefore will be explained there with the other offices. The office of the four tellers is the following : When the money is sent to the exchequer to be counted, one of them diligently mixes the whole to- gether, so that the better pieces may not be by themselves and the worse by themselves, but mixed, in order that they may correspond in weight ; this being done, the chamberlain weighs in a scale as much as is necessary to make a pound of the exchequer. But if the number shall exceed 20 shillings by more than six pence in a pound, it is considered unfit to be received ; but if it shall restrict itself to six pence or less, it is received, and is counted diligently by the tellers by the hundred shillings as has been said. But if the. coins are from a farm and are to be tested, 44 shillings from the heap, being mixed together, are placed in a compartment by themselves, and on this the sheriff puts a mark ; so that there may be afterwards a testing, which is commonly called assaying, of them, as will be made clear further on. It shall, moreover, be the care of those who preside over the Eeceipt by virtue of their masters — that is of the clerks of the treasurer and of the chamberlains — when the money is received, to put aside weights of the tested silver and coins from a farm, placing certain marks on the bags that contain them, so that, if the king wishes silver vessels to be made for the uses of the house of G-od, or for the service of his own palace, or perchance money for beyond seas, it may be made from this. D. There is something in what thou hast said that strikes me. M. Speak then. B. Tliou said'st, if I remember rightlv, that sometimes money is brought to be paid into the exchequer which is judged unfit to be received, if, indeed, being weighed agamst a pound weight of the exchequer, a deficiency is found of more than six pence. Inasmuch, then, as all money of this kingdom ought to have the stamped image of the kmg, and all moneyers are bound to work accord- DIALOGUE CONCERNING THE EXCHEQUER. 29 ing to tbe same weight, how can it happen that all their work is not of one weight ? M. That is a great question which thou askest, and one which requires further investigation ; but it can happen through forgers and clippers or cutters of coin. Thou knowest, moreover, that the money of England can be found false in three ways : false, namely, in weight, false in quality, false in the stamping. But these kinds of falsification are not visited by an equal punishment. But of this elsewhere. D. If it please thee, continue concerning the ofSces as thou hast begun. M. It is the duty of the usher to exclude or admit as is necessary, and to be diligent in guarding every thing which is shut in by the door ; wherefore, as door-money, he shall have two pence from each writ of exit. He furnishes the boxes to put the money in, and the rolls and the tallies, and the other things which become necessary during the year ; and for each box he has two pence. He furnishes the whole Receipt with wood suitable for the tallies of receipts and of accounts, and once, that is at the Michael- mas term, he receives five shillings for the wood of the tallies. He furnishes the wooden receptacles, the knives, the compartments, and the straps and the other minute , necessaries of the fisc. At that same term are due two shillings for furnishing the ink of the whole year to both exchequers, and this amount, by ancient right, the sacristan of the greater church of Westminster claims for himself. The office of the watchman is the same there as else- where ; most diligent guarding, namely, at night, chiefly of the treasure and of all those things which are placed in the treasury building. Thus thou hast the various offices of those who serve in the lower exchequer. And they have fixed payments while the exchequer is in progress, that is from the day on which they are called together, to the day on which there is a general departure. The clerk of the treasurer who is below, has five pence a day. The scribe of the same treasurer in the upper exchequer has likewise five. Tbe scribe of the chancellor, five. The two knights who bear the keys have each eight, by reason of their knighthood. For they claim that they are bound to 30 SELECT HISTORICAL DOCUMENTS. be ready with tlie necessary horses and weapons, so that when they are sent with the treasure they may thus more rsadily execute what pertains to their office. The kni^t- silverer has twelve pence a day. The melter, five, ihe usher of the greater exchequer, five. , The four tellers, each three pence, if they are at London ; if at Winchester each one has two, since they are generally taken fro^ there. The watchman has one penny. For the light of each night at the treasury one halfpenny. D. For what reason does the usher of the treasury alone receive no pay ? M. I do not exactly know- But, however, perhaps he does not receive any pay because he is seen to receive something as door-money, and for furnishing the boxes and talUes ; or perchance because he seems to serve, not the king, but the treasurer and the chamberlains in guard- ing the door of their building. In this way, then, has the arrangement of the lower exchequer or Eeceipt been made. D. I have been so well satisfied in this regard that nothing seems to be wanting. 'Proceed now, if it please thee, concerning the greater exchequer. IV. What is the competency of the Upper Exchequer, and whence it takes its origin.