The Angevins and the Charter (1154-1216): The Beginning of English Law, the Invasion of Ireland and the Crusades
History
The Angevins and the Charter (1154-1216): The Beginning of English Law, the Invasion of Ireland and the Crusades
Great Britain -- History -- Angevin period, 1154-1216 -- Sources; Magna Carta
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.
Public-domain text, read in full here on John Shaqi.
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