DISPOSITION OF THE PENALTIES 



145 



occasion the exchequer's insistance on this distinction in 

 just the reverse way had served the purpose of increasing 

 the income of the crown. ' As to the first of the three points 

 mentioned, the sheriff must report under oath to the barons," 

 but in the case of the last two, the claimant must obtain a 

 royal writ, addressed this time to the justices of labourers, 

 bidding them send into the chancery certified statements as 

 to the date of the penalties ^ and the separation of fines from 

 excess ; * these certificates are then sent to the barons with 

 still another writ of the king, ordering them to act as the 

 law demands." The data are now all before them, and 

 they proceed to make the allowances or not, according to the 

 circumstances of the case, the final outcome, of course, be- 

 ing recorded on the Pipe Roll." If a given claimant has an 

 adverse decision or if he fails to prosecute his claim within 

 the limit of time assigned, he is liable to be sued by the ex- 

 chequer for the amount claimed tanquam de claro debito."' 



charter granted by king Henry shows that the abbot of Westminster 

 and his successors " habeant omnes fines propriorum hominum suorum 

 ex quacumque causa venerint et coram quibuscumque iusticiariis facti 

 fuerint. In qua quidem carta nulla fit mencio de aliquibus excessubus 



'Page 103. 'App., 383-384 • 



''App.,386; see also writ attached to the Warwick roll, app., 216-217. 



* App. , 384-386; the purpose of the writ to the justices quoted p. 64, note 

 3. was to order them to make this distinction between fines and excess. 



•"^App.,386. ''App., 387-388. 



'Mem. L. T. R., 34, Trin., Precepta, De summis balliuorum, Surr" 

 Sussex. In regard to the claim of the archbishop of Canterbury to cer- 

 tain penalties before the justices of labourers he is ordered to obtain the 

 usual certificate from the justices: " Iniunctumque est eidem archiepis- 

 copo quod interim sequatur quod certificacionem dictorum iusticiariorum 

 habeat hie ad dictas octabas alioquin tunc fit execucio versus ipsum 

 archiepiscopum de predictis xi li. xviii d. tanquam de claro debito." 

 Cf. also Mem. L. T. R., 35, Mich., Precepta, rot. 8 d, in regard to a 

 similar claim of the abbot of Westminster: "Ad qiiem diem predictus 

 abbas non prosequitur allocacionem de predictis xii li. xiii s. vi d. de 

 quibus oneratus est . . . Ideo fiat execucio ad opus Regis de predictis 

 xii li. xiii s. vi d " Cf. also app., 384. 



