CHAPTER III 



THE DISPOSITION OF THE MONEY PENALTIES ^ UNDER THE 

 STATUTES OF LABOURERS 



That the profits of justice are the essential element in the 

 mediaeval system of law ^ is clearly illustrated in the per- 

 sistent contest to establish a right to the money penalties 

 under the statutes of labourers, a contest carried on by means 

 of every possible legal technicality." Normally the issues 

 of courts under the jurisdiction of justices appointed by the 

 central government belonged to the crown, with special pri- 

 vileges for the owners of certain franchises ; but in the case 

 of these penalties, the taxpayers made a notable attempt to 

 assert their right against the crown, while the crown in its 

 turn strove to lessen the share obtained by the lords of 

 franchises. 



From the point of view of the disposition of these penal- 

 ties, the decade under consideration may be divided roughly 

 into two periods of about equal length:* 1349-1354, and 

 1354-1359, with the first of which the present section deals. 



'The term "fine" used in my article in the E. H. R. is not suffi- 

 ciently accurate from the mediaeval standpoint, especially in view of 

 the important distinction made by the exchequer between " fines " and 

 other forms of money penalties. 



*C/. Maitland, Domesday Book and Beyond, 277-278. 



'The contest was not confined to legal means; the instances of mis- 

 appropriation are numerous. 



* Since the first triennial runs through Easter, 1351, while the second 

 does not begin till Easter, 1352, there is, strictly speaking, a year which 

 must be classed with the second period. 



