Page:Select historical documents of the Middle Ages.djvu/144

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SELECT HISTORICAL DOCUMENTS.

of all; because if, by chance, he who gave it wishes to do evil and to deny that he gave it, the recollection of the county will suffice for the whole burden of proof against him. But if the sheriff shall confess that it was given him in any other manner, he shall be considered to have done nothing. Therefore the required sum shall straightway be taken from his farm, so that he shall satisfy the summons which says in this regard: " or they shall be taken from thy farm."

XXI. What if he comes and does not give satisfaction, if he is a knight. What if he is not a knight.

But if one who does not deny that he gave an oath shall come on the day named and do not render satisfaction, he shall, if he is a lord, be detained at the exchequer as long as it shall be in session, taking an oath to the marshal, as we said above, that he will not go beyond the banlieu of the town unless by permission of the barons. But when the exchequer of that term is dissolved, if he have not yet rendered satisfaction, he shall be put in a safe place, in free custody, Tintil the king himself, if he be present, or the president with the others in session shall decree what is to be done with a man who confesses that he promised on oath to render satisfaction, and has in no wise done so. But if a knight or other person who is his steward come and do not render satisfaction, he shall be seized for breaking his oath and shall be given over to the custody of the marshal, being lawfully liable to be bound when the exchequer is dissolved, and to be put in prison whether he be a knight or no. But a knight who does not render satisfaction for his own debt, when, nevertheless, he has taken an oath that he would do so, shall be kept in liberal custody after the exchequer is dissolved—not in a prison, but within the enclosure of the prison building,—giving an oath personally that he will not go away from there without the king's or the president's permission. For the illustrious king of memorable nobility decreed that whoever is resplendent with the dignity of knighthood may not be sent to prison for his own debt, when he is considered a pauper by the sheriff and the neighbourhood alike; but he