Page:Select historical documents of the Middle Ages.djvu/102

82 their meaning is clear: for whether thou say est "in money and (vel) writs, and quittances," or "in money and (et) writs and quittances," the meaning is the same; so, namely, that in all these things, or some of them, he renders satisfaction for what is contained in the summons. Moreover, since a new disease should be met by new remedies, this addition was made in the summonses by a new statute—since the time of king Henry I., namely: that "if by chance thou art summoned for the debt of any one who has not land or chattels in thy bailiwick, and thou kuowest in whose bailiwick or county he has them: thou thyself shalt signify to such sheriff or bailiff this same fact by thy writ,—some one bearing it who has been sent by thee, and who shall deliver thy writ to him in the county court if he can, or in the presence of many people." A ridiculous and dangerous enough subterfuge of certain people compelled the addition of this which we have stated. For when it became known to which addresses the summonses were sent out, before the summons concerning his debt came, to the county, a man, sitting empty handed in his home, awaited with confidence the advent of the sheriff and other officials, having emptied his barns and having put his money somewhere away from him, or having transferred it to a safe place; and, by this device, for many years the authority of a royal summons seemed to be eluded, not without loss. For the other sheriff to whose district a man, fearing such summons, had gone over with his property, did not dare to lay hands on his possessions, since he had no mandate to this effect. For this reason, therefore, the clause which we have mentioned was put in the summonses for some years; nor after that did any one have any ground of subterfuge for every debtor not rendering satisfaction in every way; saving, alone, him whom the most extreme want excuses. When, moreover, it had already become clear to all sheriffs and debtors that, in this way, their sophistical impudence could be put an end to, it became unnecessary any longer to add that clause, nor is it added now. The method described, however, of coercing debtors wherever they may have betaken themselves, continues among the sheriffs, and is kept up, being instituted, as it were, by a certain perpetual law.