DIALOGUS DE SCACCARIO.
Source.—Historical Documents of the Middle Ages. Henderson. Bohn's Libraries. G. Bell & Sons.
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 river 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?"
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1. What the Exchequer is, and what is the reason of this name.
Disciple. What is the exchequer?
Master. The exchequer is a quadrangular surface about ten feet in length, five in breadth, placed before those who 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 off. 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 anything 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)?
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 follow. 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.
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M. ... The barons, moreover, who sit at the exchequer shall pay nothing under the name of customs for the victuals of their household bought in the cities and burghs and ports. But if an officer of the revenues shall have compelled one of them to pay anything for these,—if only one of his servants is present who is willing to prove by taking an oath that the things have been bought for his master's use: to the baron indeed, the money exacted shall be restored entire, and the scoundrel of a collector shall pay a pecuniary punishment according to the quality of the person.
... If those who sit at the exchequer shall have mutually molested each other with any sort of contumelious attack, they shall make peace again; the others of their rank who serve with them acting as mediators, in such wise that satisfaction shall be rendered by him who, in their estimation, has injured an innocent person. But if he be unwilling to acquiesce, but rather persevere in his rashness, the matter shall be laid before the president, and afterwards, from him each one shall receive justice. But if, through the devil, the instigator of evil, who does not look with unmoved eyes on the joyous happiness of fraternal peace, it should happen that occasion for discord should come up among the greater officials themselves, and thence—which God forbid—a war of insults should arise; and, Satan adding goads, peace cannot be restored by the other colleagues in those labours:—the knowledge of all these things shall be reserved for the prince himself; who, according as God, in whose hand it is, inspires his heart, shall punish the offence; lest those who are set over others should seem to be able to do with impunity what they decree should be punished in others.
D. From this is manifest what Solomon says: "Death and life are in the power of the tongue," and likewise James: "The tongue is a little member and boasteth great things."
M. So it is; but let us proceed concerning the prerogatives. Common assessments are held at times, throughout the counties, by itinerant justices whom we call deambulatory or wandering judges; the assessments are called common because, when the sum is known which is required in common from those who have estates in the county, it is distributed according to the hides of land, so that when the time comes for payment at the exchequer, nothing of it is lacking. From all these payments all those who, by mandate of the King, sit at the Exchequer are entirely free, so that not only are none of them exacted from their domains, but also none from all their fiefs.
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2. Scutage and Murdrum.
D. Now if it please thee, do not delay to make clear what are scutage and murdrum....
M. It happens sometimes that, when the machinations of enemies threaten or attack the kingdom, the King decrees that, from the different Knights' fees, a certain sum shall be paid,—a mark, namely, or a pound; and from this come the payments or gifts to the soldiers. For the prince prefers to expose mercenaries, rather than natives, to the fortunes of war. And so this sum, which is paid in the name of the shields, is called scutage. From this, moreover, they who sit at the exchequer are quit.
Murder (murdrum), indeed, is properly called the secret death of somebody, whose slayer is not known. For "murdrum" means the same as "hidden" or "occult." Now in the primitive state of the kingdom after the conquest, those who were left of the Anglo-Saxon subjects secretly laid ambushes for the suspected and hated race of the Normans, and, here and there, when opportunity offered, killed them secretly in the woods and in remote places: when the Kings and their Ministers had for some years, with exquisite kinds of torture, raged against the Anglo-Saxons; and they, nevertheless, had not, in consequence of these measures altogether desisted—when he who had caused his death was not to be found, and it did not appear from his flight who he was. "As a vengeance it was decided that the hundred in which the dead Norman was found should be condemned to pay a large sum of tested silver to the treasury."
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 free men—who is of English and who of Norman race; excepting, 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.
3. The Fusion of English and Norman.
D. I wonder that this prince of singular excellence, and this man of most distinguished virtue, should have shown such mercy towards the race of the English, subjugated and suspected by him, that not only did he keep from harm the serfs by whom agriculture could be exercised, 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 rebels, when the King himself and the King's nobles went over the new places, a diligent inquiry was made as to who there were who, contending in war against the King, had saved themselves through flight. To all of these, and even to the heirs of those who had fallen in battle, all hope of the lands and estates and revenues which they had before possessed was precluded: for it was thought much for them even to enjoy the privilege of being alive under their enemies. But those who, having been called to the war, had not yet come together, or, occupied with family or any kind of necessary affairs had not been present,—when, in course of time, by their devoted service they had gained the favour of their lords, they began to have possessions for themselves alone; without hope of hereditary possession, but according to the pleasure of their lords. But as time went on, when, becoming hateful to their masters, they were here and there driven from their possessions, and there was no one to restore what had been taken away,—a common complaint of the natives came to the King to the effect that, thus hateful to all and despoiled of their property, they would be compelled to cross to foreign lands. Counsel at length having been taken on these matters, it was decided that what they, either on merits or having entered into a legal pact, had been able to obtain from their masters, should be conceded to them by inviolable right; but that, however, they should claim nothing for themselves by right of heredity from the time of the conquest of the race.
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4. Danegeld and Essarts.
M.
"Our island content with its own, does not need the goods
of the stranger
Therefore with every good right, our predecessors
have called it,
Truly the lap of riches; the home, too, of every delight."
On account of this she has suffered innumerable injuries from outsiders; for it is written "marked jewels attract the thief." For the robbers of the surrounding islands, making an irruption and depopulating the shores, carried off gold and silver and all sorts of precious things. But when the King and the natives, drawn up in warlike array, pressed on in defence of their race, they betook themselves to flight by sea. Now among these robbers almost the first, and always the most ready to do harm, was that warlike and numerous race of the Danes, who, besides possessing the common avarice of plunderers, pressed on the more eagerly because they claimed, of ancient right, some part in the domination of that kingdom, as the history of the Britons more fully relates. In order, therefore, to ward these off, it was decreed by the English Kings that, from each "hide" of the kingdom, by a certain perpetual right, two shillings of silver should be paid for the use of the brave men, who, patrolling and carefully watching the shores kept off the attack of the enemy. Therefore, since principally on account of the Danes this revenue was instituted, it is called "Danegeldum" or "Danegeldus." This, therefore, under the native kings, was paid yearly, as has been said, until the time of King William I. of the race and people of the Normans. For in his day the Danes as well as the other robbers by land and by sea, restrained their hostile attacks, knowing to be true that which is written, "When a strong man armed keepeth his palace his possessions are in peace." For they also knew, indeed, that men of surpassing valour do not suffer injuries to go unpunished. When, therefore, the land had long been quiet under the rule of this King, he became unwilling that that should be paid as a yearly tax which had been exacted by the urgent necessity of a time of war, nor yet, however, on account of unforeseen cases, did he wish it to be entirely omitted. It was occasionally paid, therefore, in his time, and in that of his successor; that is, when from outside nations, wars or rumours of wars arose. But whenever it is paid, those who sit at the exchequer are free from it, as has been said. The sheriffs, too, although they are not counted under the barons of the exchequer, are quit of this for their domains, on account of the labour of collecting the tax. Know, moreover, that the domains of any one are called those which are cultivated at his own expense or labour, and likewise those which are possessed by his serfs in his name. For the serfs, according to the law of the kingdom, not only may be transferred by their lords from those places which they now possess and others; but they themselves also are sold or sundered in every possible way; which right they themselves, as well as the lands which they cultivate, in order to serve their masters, are considered domains. Likewise it is said by those to whom the ancient dignity of exchequer was known from what they had seen with their own eyes, that its barons are free, for their domains, of essarts (clearance-fines) of the forests. With whom we also agree; adding the reservation, that they may be called quit of those essarts which had been made before the day on which the illustrious King Henry I. bade farewell to human affairs. For if they were quit of all, whenever made or to be made, the barons would seem to be free with impunity, according to their own will and judgment, to cut down their woods in which the Royal forest consists; which they can, in fact, by no means do with impunity, unless the consent of the King or of the chief forester has first been gained. Nay, those who have their domicile in the forest, may not take from their own woods what they want for the necessary uses of their homes, unless by view of those deputed to guard the forest. But there are many who wish to prove by their arguments that no one, by reason of his seat at the exchequer, is free from these essarts. If any one at all of those sitting there should, by any misfortune, commit a fault against the King, for which he would merit to be punished with a pecuniary fine, he would not be freed from that punishment except by special mandate of the King. Since, therefore, a clearance is a fault committed against the forest of the King, he who thus errs, and on this account receives a penalty, ought not, as they say, to be acquitted unless by express mandate of the King. Now, although this reasoning is subtle and seems to some almost sufficient, it is to be said, in objection to it, that the penalty for clearance is fixed and common to those who err in this way; so that, namely, for the clearance of one acre of wheat land one shilling is paid; but for an acre in which oats are sown, six pence, by a perpetual law. Moreover, from these items a certain total sum arises, for which the sheriff is compelled to account to the exchequer; just as from the established two shillings or one from the different "hides" one sum arises which is called the common assessment. Since, therefore, in these respects, the essart has an express similitude with the common assessment, as has been said, it would seem as if the barons, not without justice, should be considered quit from the essarts, just as from the other common assessments. Likewise the authority, not to be despised, of custom and long usage is against them (the cavillers). For those whose memory is hoary call to mind that it was so in past times. I myself, who speak with thee, have, in modern times, looked upon Robert, Earl of Leicester, a discreet man learned in letters, and versed in matters of the law. He, while having an inborn virtue of mind, became also an emulator of his father's prudence: his industry examined into many matters under our Prince Henry the Second, whom neither fictitious prudence nor dissimulated folly deceives; so that, by the King's order, not only at the exchequer did Robert obtain the dignity of president, but also throughout the whole kingdom. He once, when the visitation of the forests, which they commonly call the "view," and which takes place every third year, was at hand, obtained a writ of the King to the effect that he should be quit of whatever might be demanded from his land for essarts, the sum being stated to which these amounted: and when this writ was brought and publicly read before the exchequer, all were amazed and wondered, saying, "does not this Earl invalidate our privileges?" And while those who sat there mutually regarded each other, Nigel, of blessed memory, the whilom Bishop of Ely, began speaking thus with modesty: "My lord earl, thou dost seem to have invalidated, by this writ, the prerogative of the exchequer, since thou hast obtained a mandate of the King for those things from which thou, by reason of thy seat at the exchequer, art free; and if one may logically draw an inference by deduction from the major term, whoever does not obtain a writ of the King concerning his essarts, will soon become answerable for their payment, but, with all due reverence, this mode of absolution is pernicious on account of the example it sets." When, therefore, as happens in doubtful cases, some were of one opinion, and others of another, there was brought in, as a valid argument in this matter, the yearly (pipe) roll of the time of that great King of whom we spoke above, under whom the dignity and the knowledge of the exchequer are said to have flourished in a high degree; and something was found which seemed to justify the bishop who made the assertion concerning the prerogative of those sitting there. Having heard these things, the earl, after deliberating a little with himself, said: "I confess that in this matter I obtained a writ of the King, not that I might invalidate your right, but that thus, without trouble, I might avoid the too unfortunate exaction—unknown, however, to the King—of the collectors." Abandoning his writ, therefore, he chose to be absolved on account of the prerogative of his seat. Some time after, when the aforesaid bishop, detained by infirmity, could not be present, and I myself supplied, as well as I could, his place at the exchequer, it happened that essarts were paid. When, therefore, what had been exacted from his domain had been paid, I complained publicly, alleging the right of exemption. By the common counsel and verdict of all, therefore, the sum which had already been paid was restored to me. Reserving therefore, what had been raised from his domain, I restored to his serfs, in its entirety, what had been exacted from each one, so that the memory might survive and be witness in this matter.
D. With all due reverence, one should not use examples, but reasons in these matters.
M. That is so; but it happens, at times, that the causes of things and the reasons of sayings are secret; and then it suffices to bring up examples relating to them; especially if they are taken from the cases of prudent men, whose deeds are circumspect and are not done without reason. But whatever we have said about these things taking part for this privilege or against it, thou may'st be sure that in this matter we have called nothing certain, unless what the authority of the King decreed should be observed. But the account of the forests and also the punishment or absolution of those who transgress with regard to them, whether it be a pecuniary or a corporal one, is kept separate from the other judgments of the kingdom, and is subjected to the will of the King alone or to that of some one of his intimates specially deputed for this purpose. It subsists by its own laws, which, they say, are not subject to the common law of the kingdom, but to the voluntary decree of the princes; so that whatever has been done according to its law may be said to be not absolutely just, but just according to the law of the forest. The forests, moreover, are the sanctuaries of the Kings and their greatest delight, thither they go for the sake of hunting, having laid aside their cares for a while, so that they may be refreshed by a short rest. There the serious, and at the same time the natural uproars of the court having ceased, they breathe in for a while the boon of pure liberty; whence it comes that they who transgress with regard to the forest are subject to the royal displeasure alone.
D. From my earliest youth I have learned that it is wrong for a prudent person to prefer to suffer ignorance rather than to demand the causes of things that have been said, in order, therefore, that the foregoing may more fully be made clear, do not put off revealing what a forest is.
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5. The Forest.
M. The forest of the King is the safe dwelling-place of wild beasts; not of every kind, but of the kinds that live in woods; not in all places, but in fixed ones, and ones suitable for the purpose; whence it is called "foresta," the "e" being changed into "o," as if it were "feresta"—i.e. an abiding place for wild beasts.
D. Is there a forest of the King in each county?
M. No; but only of the wooded ones, where the wild beasts can have their lairs and ripe nourishment: nor does it matter to whom the woods belong, whether to the King or to the nobles of the kingdom,—the wild beasts can none the less run around everywhere free and unharmed.
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6. The Sheriffs and Bailiffs.
M. All the sheriffs, therefore, and the bailiffs, to whom summonses are directed, are bound by the same necessity of the law; that is, by the authority of the royal mandate; that, namely, on the day mentioned and at the place designated, they shall come together and render satisfaction for their debts. In order that this may be clearer to thee, look more closely at the tenor of the summons itself, for it reads: "See to it, as thou dost love thyself and all thy belongings, that thou art at the exchequer of such and such a time and place; and that thou hast with thee whatever thou owest of the old farm and the new, and these debts written below." Pay attention, then, for two things are said which fit in with the two which follow: for this, "See to it as thou dost love thyself," refers to "that thou art there and there at such and such a time and place"; that expression, however, "and as thou dost love all thy belongings," seems to refer to this: "and that thou hast with thee these debts written below"; as if it were openly said, "thy absence, whoever thou art that receiveth a summons, unless it can be excused by causes necessary and defined by law, will redound to the peril of thy head; for thou wilt seem thus to have spurned the royal mandate, and to have acted irreverently in contempt of the royal majesty, if, being summoned concerning the matters for which thou art bounden to the King, thou dost neither come nor send one to excuse thee...."
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7. Liveries.
D. What is that thou didst speak of as liveries of both kinds?
M. Some of the liveries are of poor people; as when, solely from the promptings of charity, one penny a day or two or more, are accorded to someone by the King for food and clothing. But some are of people who do service, so that they receive them as wages; such are the custodians of the palaces, the guardians of the royal temples, the pipers, the seizers of wolves, and the like. These, then, are liveries of different kinds which are paid for different reasons, but are counted among the fixed payments. And mark that, although the King is free to confer these liveries on any poor people whatever, they nevertheless, by ancient custom, are usually assigned to those who minister at court, and who, having no income, fall into bodily sickness and become unfit for labour.