DISPOSITION OF THE PENALTIES 143 



1357 are, most unfortunately, lost, so that no echo of the 

 fuller discussion reaches us, although its positive results 

 remain in the form of two statutes : the first grants a trien- 

 nial tenth and fifteenth but specifies that this time an en- 

 tirely different set of penalties is to go to the communities 

 in aid of the tax ; ^ the second adds to the clause in the 

 statute of labourers, quoted by the barons, the amendment 

 that lords whose charters give them fines, issues and amerce- 

 ments shall henceforth, as is their legal right, have fines, 

 issues and amercements under the statutes of labourers, pro- 

 vided that they contribute their share to the salaries of the 

 justices.- The series of documents for the payment of jus- 

 tices' wages now include this proviso.^ The barons, there- 

 fore, while forced to admit the legality of the lords' claims, 

 succeeded in diminishing their profits to this extent, and as 

 will appear, made use of a technicality for still further di- 

 minishing them. It seems more than probable that during 

 the subsidy the value of these special penalties had been 

 forcibly realized by the lords, and that by a successful as- 



to the introduction of State Trials of Edw. I, xlv, the editors quote 

 Hengham's statement as to such errors: " quia in cancellaria et alibi in 

 uno et eodem die unus clericus ponat unam datam et alius aliam." 



^Statutes, 31 Edw. Ill, st. i, c. 13; cf. p. 131, and note 2. 



= App., 18. 



^E.g., Claus., 33, m. 8, 11 Nov.; a writ to the sheriff to pay the 

 wages of two justices of labourers in Oxfordshire runs as follows: " Pro- 

 uiso quod domini libertatum qui proficuum de finibus, redempcionibus 

 et amerciamentis predictis iuxta libertates suas percipiunt, vadiis illis 

 pro rata proficui per ipsos inde percepti contribuant, iuxta formam sta- 

 tuti inde prouisi." The same phrase appears also in the writ to the 

 barons to allow this payment in the sheriff's account; Mem. K. R., 

 34, Mich., Breu. Baron., rot. 15 d. Evidently the lords often failed to 

 pay their share; e. g., the sheriff of Staffordshire accuses the duke of 

 Lancaster of neglect of his duty, and the duke pleads guilty and promises 

 to pay; Placita de Scaccario, 34 Pasch. Similar instances occur passim 

 throughout this roll. 



