Page:Select historical documents of the Middle Ages.djvu/92

72, all were amazed and wondered, saying: "does not this earl invalidate our privileges?" And while those who sat there mutually regarded each other, Nigel of blessed memory, the whilom bishop of Ely, began, speaking thus with modesty: "My lord earl, thou dost seem to have invalidated, by this writ, the prerogative of the exchequer, since thou hast obtained a mandate of the king for those things from which thou, by reason of thy seat at the exchequer, art free; and if one may logically draw an inference by deduction from the major term, whoever does not obtain a writ of the king concerning his essarts, will soon become answerable for their payment; but, with all due reverence, this mode of absolution is pernicious on account of the example it sets." When, therefore, as happens in doubtful cases, some were of one opinion, others of another, there was brought in, as a valid argument in this matter, the yearly (pipe) roll of the time of that great king of whom we spoke above, under whom the dignity and the knowledge of the exchequer are said to have flourished in a high degree; and something was found which seemed to justify the bishop who made the assertion concerning the prerogative of those sitting there. Having heard these things, the earl, after deliberating a little with himself, said: I confess that in this matter I obtained a writ of the king, not that I might invalidate your right, but that thus, without trouble, I might avoid the too importunate exaction—unknown, however, to the king—of the collectors. Abandoning his writ, therefore, he chose to be absolved on account of the prerogative of his seat. Some time after, when the aforesaid bishop, detained by infirmity could not be present, and I myself supplied, as well as I could, his place at the exchequer, it happened that essarts were paid; when, therefore, what had been exacted from his domain had been paid, I complained publicly, alleging the right of exemption. By the common counsel and verdict of all, therefore, the sum which had been already paid was restored to me. Reserving, therefore, what had been raised from his domain, I restored to his serfs, in its entirety, what had been exacted from each one, so that the memory might survive and be witness in this matter.