Page:Select historical documents of the Middle Ages.djvu/146

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SELECT HISTORICAL DOCUMENTS.

many evidences and proofs to make it seem probable that the lord allowed his knight to be exposed to such hazards in order that, even thus, he himself might in the meantime go free. The most valid proof, moreover, against the lord in this matter is if he is considered, by the sheriff and the neighbourhood alike, well to do, abounding in possessions, able to pay.

D. It is indeed fitting that he should cease to merit a favour granted to him who has abused the same to the detriment of him who granted it.

M. Thou hast from the foregoing to some extent a distinction as to which chattels may be sold and which not, and also with regard to what persons discretion is to be used and to what persons not;—that is, in the case where debtors who are bounden to the king for pecuniary punishments are not solvent. It remains for us to show what ought to be done concerning voluntary oblations when they likewise do not pay them.

XXIII. What is to be done concerning those who make voluntary offerings when they too do not pay.

Know then that of the oblations to the king some are offered for a present benefit, some for a prospect. We say that one offers for a present benefit, when the offering is accepted by the king, and he who offers it receives from the king in proportion to what he has offered: as when any one, for some liberty, for an estate or for a farm, or for the wardship, to be enjoyed until he is of age, of some one who is a minor, or for any thing else which seems to add to his convenience or honour, offers of his own accord to the king £100 or 100 marks, and, the king consenting, immediately after the offer receives what he wished for. Concerning those, therefore, who bind themselves of their own will, and who, after having made an agreement with the prince, have already begun to hold possession, our law decrees that, so long as they pay, they may enjoy and make use of the benefits indulged to them. But if, after having been summoned for the debt of the king, they cease to pay, they shall straightway be deprived of what they had obtained; in such manner, however, that