Great Britain -- Economic conditions; Great Britain -- Social conditions
To the reverend and discreet and their dearest lord, J. de Langton,
chancellor of the illustrious King of England, Robert le Venur, guardian
of the city of Lincoln, and Adam son of Martin of the same city, clerk,
deputed to receive recognisances of debts, greeting. With all reverence
and honour we make known to your reverend discretion by these presents
that Simon le Sage of Scarborough and William Kempe of the same town, of
the county of York, and each of them for the whole sum, acknowledged
before us that they owe to William le Noyr of Lincoln 28s. sterling to
be paid to him or his attorney at the feast of St. Michael in the
twenty-first year of the reign of King Edward, according to the form of
the statute of the said lord the King published at Westminster. And
because the aforesaid Simon and William have not kept the term of their
payment at all, we beseech your reverend discretion humbly and devoutly,
that you will order a writ to be sent to the sheriff of York to compel
the same Simon and William to pay the said money according to the form
of the statute aforesaid. May your reverend discretion prosper long and
well. Given at Lincoln on Friday next after the feast of St. Martin in
the year aforesaid.[209]
[Footnote 209: This procedure was first authorised by the Statute of
Acton Burnel (1283), the main provisions of which run as follows:
"Forasmuch as merchants, who before these times have lent their goods to
divers folk, are fallen into poverty, because there was no speedy law
provided whereby they could readily recover their debts at the day fixed
for payment, and for that reason many merchants have ceased to come to
this land with their merchandise to the damage of the merchants and of
the whole realm: the King, by himself and his council ... has ordained
and established that the merchant who will be sure of his debt cause his
debtor to come before the mayor ... and ... to acknowledge the debt and
the day of payment, and that the recognisance be enrolled.... And if the
debtor pay not at the day fixed for him ... the mayor ... shall
forthwith cause the moveables of the debtor to be sold to the amount of
the debt ... and the money to be paid without delay to the creditors....
And if the debtor have no moveables in the power of the mayor from which
the debt can be levied, but have the same elsewhere in the realm, then
the mayor shall send to the Chancellor ... the recognisance made before
him ... and the Chancellor shall send a writ to the sheriff in whose
bailiwick the debtor shall have moveables, and the sheriff shall cause
satisfaction to be made to the creditor.... And if the debtor have no
moveables wherefrom the debt can be levied, then his body shall be
taken, wheresoever he be found, and kept in prison until he have made
satisfaction, or his friends for him."
Two years later (1285) the Statute for Merchants strengthened the
creditor's security by providing that imprisonment should immediately
follow non-payment of the debt.]
Public-domain text, read in full here on John Shaqi.
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