DISPOSITION OF THE PENALTIES 139 



of labourers, and the seignorial courts of the manor and of 

 the hundred, especially those that include the view of frank- 

 pledge; the desire for fiscal profit undoubtedly being the 

 main motive in the desire for jurisdiction. Here, however, 

 it is the claim of the lords to the profits of jurisdiction that 

 are to be discussed as distinguished from their claims to 

 jurisdiction. Madox dismisses with a brief paragraph this 

 whole question : " Divers Lords of Seigneuries were, by 

 Charter from the King, entituled to have to theire own 

 Use the Amerciaments that arose within their Seigneurie. 

 However, the Lords were to claim the same at the Ex- 

 -chequer. William de Burne and others belonging to the 

 Bishop of Bathe's Fees were amerced for a Disseisin; and 

 that Amerciament was admeasured by the King's Precept; 

 and was set-over to the Bishop of Bathe by Virtue of his 

 Franchise. This is a Thing frequently done at this Day; 

 and is so well known, that it needeth no Explanation." ^ 

 It chances, however, that the claim to this special class of 

 penalties, i. e. those under the statutes of labourers, involves 

 some technical problems in the interpretation of the sys- 

 tem that are interesting as showing mediaeval methods, as 

 well as indicating the importance attaching to the enforce- 

 ment of the statutes ; these two reasons serve as my excuse 

 for presenting a somewhat detailed account of the various 

 stages in the claims made by the lords. 



The first reference to the relation of the lords to the pen- 

 alties under the statutes is the specification of the commons 



^ Hist, and Antiq, of the Exchequer, i, 540-541. Cf. also Pollock and 

 Maitland, Hist. Ens;. Law, i. 583. Among the more exalted seignorial 

 powers of jurisdiction are included: " Amerciajuenta homimcm. The 

 lord has a right to the amercements of his men, even though those 

 amercements are inflicted in the king's court. The amercements are 

 paid into the royal exchequer, and then the lord petitions that they may 

 be paid out to him.'" 



