... 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.
*******
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.