Page:Select historical documents of the Middle Ages.djvu/117

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DIALOGUE CONCERNING THE EXCHEQUER.
97

purged from the miscreants, the judges at times agree upon this: that if any one of this kind, confessing his crime, be willing to challenge the accomplices in that crime, and be able, by engaging in a duel, to prove the' crime of which he charges the other or others,—he shall escape the death which he merited, and, with safety to his body, departing, nevertheless, beyond the boundaries of the entire kingdom, shall be dismissed and swear not to return. Some, moreover, having previously made an agreement with the judges, even though they prove their charges do not, nevertheless, go away in safety, but escaping hanging or some other disgraceful kind of death, which, by their own confession, they have merited, being punished however with mutilation of their members, become a miserable spectacle among the people and restrain rash undertakings by their terrible examples. Since, therefore, the charge of that crime being brought up against him and proved, he can save his life; and likewise, since whatever seems to promote the peace of the kingdom is, without doubt, to the advantage of the king, he is called a king's approver. From the day, moreover, on which he is received for the purpose of proving, until his promise has been fulfilled, or until he fails, he shall receive from the fisc each day one penny for his support, which penny is computed to the sheriff solely by custom of the exchequer. But if that approver shall have been ordered to be removed to another place, so that, it being easier for the judges to assemble there, he may fulfil his promise—or perhaps, failing, may receive the condign punishment of his crimes: only the sum which he provides for taking vehicles thither and for furnishing him with victuals, shall be computed to the sheriff by custom; but the rest, not unless by writ of the king. There are, moreover, in certain counties, many who, as a privilege of their estates, lay avenging hands upon the condemned; so that they punish some by hanging, others by mutilation of the members, or in other ways, according to the measure of the crime perpetrated. There are, on the other hand, counties in which those who arc thus to be condemned are only punished when cash has first been paid by the fisc. Whatever, therefore, in order to put into effect these judgments or sentences, is paid by