Page:Select historical documents of the Middle Ages.djvu/91

commit a fault against the king for which he would merit to be punished with a pecuniary fine, he would not be freed from that punishment except by special mandate of the king. Since, therefore, a clearance is a fault committed against the forest of the king, he who thus errs and on this account receives a penalty, ought not, as they say, to be acquitted unless by express mandate of the king. Now although this reasoning is subtle and seems to some almost sufficient, it is to be said, in objection to it, that the penalty for clearance is fixed and common to those who err in this way; so that, namely, for the clearance of one acre of wheat laud one shilling is paid; but for an acre in which oats are sown, six pence, by a perpetual law. Moreover from these items a certain total sum arises, for which the sheriff: is compelled to account to the exchequer; just as from the established two shillings or one from the different "hides," one sum arises which is called the common assessment. Since, therefore, in these respects, the essart has an express similitude with the common assessment, as has been said, it would seem as if the barons, not without justice, should be considered quit from the essarts, just as from the other common assessments. Likewise the authority, not to be despised, of custom and long usage is against them (the cavillers). For those whose memory is hoary call to mind that it was so in past times. I myself, who speak with thee, have, in modern times, looked upon Robert, earl of Leicester, a discreet man, learned in letters and versed in matters of the law. He, while having an inborn virtue of mind, became also an emulator of his father's prudence: his industry examined into many matters under our prince Henry the Second, whom neither fictitious prudence nor dissimulated folly deceives; so that, by the king's order, not only at the exchequer did Robert obtain the dignity of president, but also throughout the whole kingdom. He once, when the visitation of the forests which they commonly call the "view" (reguarda), and which takes place every third year, was at hand, obtained a writ of the king to the effect that he should be quit of whatever might be demanded from his land for essarts, the sum being stated to which these amounted: and when this writ was brought and publicly read before the ex-