(translated from Stubbs' "Charters," p. 168.)
[Henderson: Introduction, p.3-4, (with slight alterations)]
[3] The Dialogue Concerning the Exchequer is one of the few actual treatises of the middle ages. It is a most learned essay concerning all that went on at the bi-yearly meetings of the exchequer (the treasury of England) officials, and branches out into a description of all the sources of revenue of the English crown, and of the methods of collecting them. The value of this essay for early English history cannot be over estimated: in every direction it throws light on the existing state of affairs.
According to Brunner, Gneist, Pauli and F. Liebermann [Einleitung in de Dialogus de Scaccario, (G–ttingen: 1875) the Dialogue was complete in the winter of 1178-9. [4] Stubbs thought that it was composed after 1181, perhaps as late as 1188. The author of the work, whose name is not mentioned in the two existing manuscripts, has been proved by Madox to be Richard son of Bishop Nigel of Ely. Richard, as well as his father, was for many years a high official at the exchequer, and was clear-headed and logical, and was, in addition, gifted with great literary ability. His knowledge of the classics is shown by his frequent quotations from them.
As a result of so many good qualities in its author the Dialogue is not only learned but readable and interesting. There is much to make one believe that the work has an official character, and that it was composed by order of the government. Liebermann regard it as parallel work to Glanville's Tractatus.
In general Richard's assertions are deserving of the highest confidence. Occasionally, indeed, in the matter of derivations and of the origins of institutions he is found to be weak.,
Much of his information was gained orally, and in all cases he seems to have goon directly to the highest authority on the particular point to be treated of.
PREFACE
[20] It is necessary to subject one's self in all fear to the powers ordained by God, and likewise to serve them. For every power is from God the Lord. Nor does it therefore seem absurd or foreign to ecclesiastics, by serving kings who are, as it were, pre-eminent, and other powers, to uphold their rights ; especially in matters which are not contrary to divine Truth or honesty. But one should serve them not alone in preserving those dignities through which the glory of the royal majesty shines forth, but also in preserving the abundance of worldly wealth which pertains to them by reason of their station: for the former cast a halo round them, the latter aid them. For indeed abundance of means, or the lack of them, exalts or humbles the power of princes. For those who lack them will be a prey to their enemies, to those who have them their enemies will fall a prey. But although it may come about that these accrue to kings for the most part, not by some right that has been thoroughly examined into, but at times through paternal customs, at times through the secret designs of their own hearts, or occasionally through the arbitrariness of their own sole will, nevertheless their acts are not to be discussed or condemned by their subjects. For the cause of those [21] whose hearts and the motions of whose hearts are in the hand of God, and to whom by God Himself the sole care of their subjects has been committed, stands and falls before a Divine tribunal alone, not before a human one. Let no one, therefore, no matter how rich, flatter himself that he will go unpunished if he act otherwise, for of such it is written, "the powerful shall powerfully suffer torments." Therefore of whatever nature the origin or manner of acquiring may be or may seem to be, those who are officially deputed . to look after the revenues should be none the more remiss in caring for them. But in the matter of collecting, guarding, and distributing them, careful diligence befits those who are about to render an account, as it were, of the state of the kingdom, which, through the revenues, is preserved from harm. We know, indeed, that chiefly by prudence, fortitude, temperance, and justice, and other virtues, kingdoms are ruled and laws subsist; wherefore the rulers of the. world should strive after these with all their strength. But it happens at times that what is conceived with sound counsel and excellent intent is carried through by, so to say, a routine-like method. But this is not only necessary in time of war but also in time of peace. For at the one time it displays itself in fortifying towns, in delivering to the soldiers their pay, and in very many other ways, according to the quality of the persons, for the sake of keeping up the condition of the kingdom; at the other, although the weapons are at rest, churches are built by devout princes, Christ is fed and clothed in the person of the poor, and, by persisting in other acts of benevolence, it exhibits itself in charity. But the glory of princes consists in the mighty deeds of both seasons, but it excels in those where, instead of temporal riches, lasting ones, with their blessed reward, are attained. Wherefore, illustrious king, greatest of earthly princes, inasmuch as we have often seen thee glorious in both seasons, not sparing indeed treasures of money, but providing for the suitable expenses according to the place, time, and persons, we have dedicated to thy Excellency this modest work, not written concerning great matters or ill brilliant discourse, but in rustic style, having to do with the necessary observances of thy exchequer. We lately [22] saw thee somewhat concerned as to these, so that, dispatching discreet men from thy side, thou didst address thyself to the then bishop of Ely in this matter. Nor was it extraordinary that a man of such surpassing genius, a prince of such singular power, should, among other greater matters, also have provided for these. For the exchequer, indeed, comes to its laws not at haphazard, but through the thoughtfulness of great men ; and, if its rules be regarded in all things, the rights of individuals can be preserved, and what is due to the fisc will come to thee in full; which same thy hand, which ministers to thy most noble mind, can suitably distribute.
FIRST BOOK.
In the twenty-third year of the reign of King Henry II., while I was sitting at the window of a tower next to the River Thames, a man spoke to me impetuously, saying: "master, hast thou not read that there is no use in science or in a treasure that is hidden?" when I replied to him,
"I have read so." straightway he said: "why, therefore, dost thou not teach others the knowledge concerning the exchequer which is said to be thine to such an extent, and commit it to writing lest it die with thee?" I answered: "lo, brother, thou hast now for a long time sat at the exchequer, and nothing is hidden from thee, for thou art painstaking. And the same is probably the case with the others who have seats there." But he, "just as those who walk in darkness and grope with their hands frequently stumble,-so many sit there who seeing do not perceive, and hearing do not understand." Then I, "thou speakest irreverently, for neither is the knowledge so great nor does it concern such great things; but perchance those who are occupied with important matters have hearts like the claws of an eagle, which do not retain small things, but which great ones do not escape." And he, "so be it: but although eagles fly very high, nevertheless they rest and refresh themselves in humble places; and therefore we beg thee to explain humble things which will be of profit to the eagles themselves." Then I; " I have feared to put together a work concerning these things because they lie [23] open to the bodily senses and grow common by daily; nor is there, -nor can there be in them a description of subtile things, or a pleasing invention of the imagination." And he, "those who rejoice in imaginings, who seek the flight of subtile things, have Aristotle and the books of Plato; to them let them listen. Do thou write not subtile but useful things." Then I; "of those things which thou demandest it is impossible to speak except in common discourse and in ordinary words." "But," said he, as if aroused to ire,-for to a mind filled with desire nothing goes quickly enough,-"writers on arts, lest they might seem to know too little about many things, and in order that art might less easily become known, have sought to appropriate many things, and have concealed them under unknown words: but thou dost not undertake to write about an art, but about certain customs and laws of the exchequer; and since these ought to be common, common words must necessarily be employed, so that style may have relation to the things of which we are speaking. Moreover, although it is very often allowable to invent new words, I beg, nevertheless, if it please thee that thou may'st not be ashamed to use the customary names of the things themselves which readily occur to the mind, so that no new difficulty from using unfamiliar words may arise to disturb us." Then I; " I see that thou art angry; but be calmer; I will do what thou dost urge. Rise, therefore, and sit opposite to me; and ask me concerning those things that occur to thee. But if thou shalt propound something unheard of, I shall not blush to say 'I do not know.' But let us both, like discreet beings come to an agreement." And he; "thou respondest to my wish. Moreover, although an elementary old man is a disgraceful and ridiculous thing, I will nevertheless begin with the very elements."
I. What the Exchequer is, and what is the reason of this name.
Disciple. What is the exchequer?
Master. The exchequer is a quadrangular surface about ten feet in length, -five in breadth, placed before those [24] sit around it in the 'manner of a table, and all around it it has an edge about the height of one's four fingers, lest any thing placed upon it should fall off. There is placed over the top of the exchequer, moreover, a cloth bought at the Easter term, not an ordinary one but a black one marked with stripes, the stripes being distant from each other the space of a foot or the breadth of a hand. In the spaces moreover are counters placed according to their values; about these we shall speak below. Although, moreover, such a surface is called exchequer, nevertheless this name is so changed about that the court itself which sits when the exchequer does is called exchequer; so that if at any time through a decree any thing is established by common counsel, it is said to have been done at the exchequer of this or that year. As, moreover, one says to-day at the exchequer," so one formerly said " at the tallies."
D. What is the reason of this name?.
M. No truer one occurs to me at present than that it has a shape similar to that of a chess board.
D. Would the prudence of the ancients ever have called it so for its shape alone, when it might for a similar reason be called a table (tabularium) ?
M. I was right in calling thee painstaking. There is another, but a more bidden reason. For just as, in a game of chess, there are certain grades of combatants and they proceed or stand still by certain laws or limitations, some presiding and others advancing: so, in this, some preside, some assist by reason of their office, and no one is free to exceed the fixed laws; as will be manifest from what is to follow. Moreover, as in chess the battle is fought between kings, so in this it is chiefly between two that the conflict takes place and the war is waged,-the treasurer, namely, and the sheriff who sits there to render account; the others sitting by as judges, to see and to judge.
D. Will the accounts be received then by the treasurer, although there are many there who, by reason of their power, are greater?
M. That the treasurer ought to receive the account from the sheriff is manifest from this, that the same is required from him whenever it pleases the king: nor could that be [25] required of him which be had not received. Some say, nevertheless, that the treasurer and the chamberlains should be bounden alone for what is written in the rolls in the treasury, and that for this an account should be demanded of them. But it is believed with more truth that they should be responsible for the whole writing of the roll, as will be readily understood from what is to follow.
II. That there is a lower one and an upper one; both have the same origin however.
D. Is that exchequer, in which such a conflict goes on, the only one ?
M. No. For there is a lower exchequer which is also called the Receipt, where the money is handed over to be counted, and is put down in writing and on tallies, so that afterwards, at the upper exchequer, an account may be rendered of them; both have the same origin however, for whatever is declared payable at the greater one is here paid; and whatever has been paid here is accounted for there.
III. As to the nature or arrangement of the lower one according to the separate offices.
D. What is the nature or arrangement of the lower exchequer?
M. As I see, thou canst not bear to be ignorant of any of these things. Know then that that lower exchequer has its persons, distinct from each other by reason of their offices, but with one intent devoted to the interests of the king, due regard, nevertheless, being paid to equity; all serving, moreover, not in their own names but in the names of their masters; with the exception Of two knights, he, namely, who conducts the assays, and the melter. Their offices depend on the will of our king; hence they seem to belong rather to the upper than to the lower exchequer, as will be explained below. The clerk of the treasurer is there with his seal. There are also two knights, of the chamberlains. There is also a certain [26] knight who may be called the silverer, for, by reason of his office, be presides at the testing of silver. There is also the melter who tests the silver. There are also four tellers to count the money. There is also the usher of the treasury and the watchman. These, moreover, are their offices: The clerk of the treasurer, when the money has been counted and put in boxes by the hundred pounds, affixes his seal and puts down in writing how much he has received, and from whom, and for what cause; he registers also the tallies which have been made by the chamberlains concerning that receipt. Not only, moreover, does he place his seal on the sacks of money, but also, if he wishes, on the chests and on the separate boxes in which the rolls and tallies are placed, and he, diligently supervises all the offices which are under him, and nothing is hidden from him. The office of the knights, who are also called chamberlains because they serve in the name of the chamberlains, is this: they carry the keys of the chests; for each chest has two locks of a different kind, that is, to neither of which the key of the other can be fitted; and they carry the keys of them. Each chest, moreover, is girded with a certain immovable strap, on which, in addition, when the locks are closed the seal of the treasurer is placed; so that neither of the chamberlains can have access except by common consent. Likewise it is their duty to weigh the money which has been counted and placed by the hundred shillings in wooden receptacles, so that there be no error in the amount; and then, at length, to put them in boxes by the hundred pounds as has been said. But if a receptacle is found to have any deficiency, that which is thought to be lacking is not made good by calculation, but straightway the doubtful one is thrown back into the heap which is to be counted. And take note that certain counties from the time of king Henry I. and in the time of king Henry II. could lawfully offer for payment coins of any kind of money provided they were of silver and did not differ from the lawful weight; because indeed, by ancient custom, -not themselves having moneyers, they sought their coins from on all sides; such are Northumberland and Cumberland. Coins thus received, moreover, although they came from a farm, [27] were nevertheless set apart from the others with some marks placed on them. But the remaining counties were accustomed to bring only the usual and lawful coin of the present money as well from farms as from pleas. But after the illustrious king whose renown shines the brighter in great matters, did, in his reign, institute one weight and one money for the whole kingdom, each county began to be bound by one necessity of law and to be constrained by the manner of payment of a general commerce. All, therefore, in whatever manner they are bounden, pay the same kind of money; but nevertheless all do not sustain the loss which comes from the testing by combustion. The chamberlains likewise make the tallies of receipts, and have in common with the clerk of the treasurer to disburse the treasure received when required by writs of the king or an order of the barons; not, however, without consulting their masters. These three, all together or by turns, are sent with treasure when it is necessary. These three have the principal care of all that is done in the lower exchequer.
D. Therefore, as I perceive, these men are allowed to disburse the treasure received, in consequence of a royal writ or of an order from those who preside-after consultation with their masters, however.
M. They are allowed, I say; in so far as they are entrusted with the payment of the servants of the lower exchequer, and with buying the small necessaries of the exchequer, such as the wooden receptacles, and other things which will be mentioned below; but not otherwise. When any one brings a writ or order of the king for money, by command of their masters that sum which is expressly named in the writ may be paid, with the understanding that, before he go out, he shall count the money received. But if anything be lacking, he who received it shall return to the exchequer and shall give an oath to this effect: that be has brought back as much as he received, adding this, upon his conscience, as is done in other things; and this being done the rest shall be paid him, it being first counted in the presence of all by the regular tellers. But if, the conditions being known to him, he shall have gone out of the door of the treasury, [28] whoever the person, or however great the loss, no heed shall be paid to him. The offices of the knight silverer and of the melter are conjoined and belong rather to the upper exchequer, and therefore will be explained there with the other offices. The office of the four tellers is the following: When the money is sent to the exchequer to be counted, one of them diligently mixes the whole together, so that the better pieces may not be by themselves and the worse by themselves, but mixed, in order that they may correspond in weight ; this being, done, the chamberlain weighs in a scale as much as is necessary to make a pound of the exchequer. But if the number shall exceed 20 shillings by more than six pence in a pound, it is considered unfit to be received; but if it shall restrict itself to six pence or less, it is received, and is counted diligently by the tellers by the hundred shillings as has been said. But if the coins are from a farm and are to be tested, 44 shillings from the heap, being, mixed together, are placed in a compartment by themselves, and on this the sheriff puts a mark; so that there may be afterwards a testing, which is commonly called assaying, of them, as will be made clear further on. It shall, moreover, be the care of those who preside over the Receipt by virtue of their masters-that is of the clerks of the treasurer and of the chamberlains - when the money is received, to put aside weights of the tested silver and coins from a farm, placing certain marks on the bags that contain them, so that, if the king wishes silver vessels to be made for the uses of the house of God, or for the service of his own palace, or perchance money for beyond seas, it may be made from this.
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IV. What is the competency of the Upper Exchequer, and whence it takes its origin.
M. Although the offices of those who have seats at the greater exchequer seem to differ in certain functions, the purpose, nevertheless, of all the offices is the same, to look out for the king's advantage; with due regard for equity, however, according to the fixed laws of the exchequer. The arrangement or ordering of the latter is confirmed by its antiquity and by the authority of the nobles who have their seats there. It is said to have begun with the very conquest of the kingdom made by king William, the arrangement being taken, however, from the exchequer across the seas; but they differ in very many and almost the most important points. Some believe it to have existed under the Anglo-Saxon kings, taking their argument in this matter from the fact that the peasants and already decrepit old men of those estates which are called [31] knew very well, having been taught by their fathers, how of the crown, whose memory is gray in these matters, much extra money they are bound to pay on the pound for the blanching of their farm. But this argument applies to the payment of the farm, not to the session of the exchequer. The fact also seems to be against those who say that the blanching of the farm began in the time of the Anglo-Saxon kings, that in the Domesday book, in which a diligent description of the whole kingdom is contained, and in which, the value is expressed of the different estates as well of the time of king Edward as of the time of king William, under whom it was made,-there is no mention at all of the blanching of the farm: from which it seems probable that, after the time when that survey was made in the reign of the aforementioned king, the blanching of the farm was fixed upon by his investigators on account of causes which are noted below. But at whatever time it came into use, it is certain that the exchequer is confirmed by the authority of the great, so that it is allowed to no one to infringe its statutes or to resist them by any kind of rashness. For it has this in common with the Court itself of the lord king (Curia Regis), in which he in his own person administers the law, that no one is allowed to contradict a record or a sentence passed in it. The authority, moreover, of this court is so great, as well on account of the preeminence of the royal image, which, by a special prerogative, is kept on his seal of the treasury, as on account of those who have their seats there, as has been said; by whose watchfulness the condition of the whole kingdom is kept safe. For there sits the Chief Justice of the lord king by reason of his judicial dignity, as well as the greatest men of the kingdom, who share familiarly in the royal secrets; so that whatever has been established or determined in the presence of such great men subsists by an inviolable right. In the first place, there sits, nay also presides, by reason of his office, the first man in the kingdom, namely, the Chief Justice. With him sit, solely by command of the sovereign, with momentary and varying authority, indeed, certain of the greatest and most discreet men in the kingdom, who may belong either to the clergy [32]- or to the court. They sit there, I say, to interpret the law and to decide upon the doubtful points which frequently arise from incidental questions. For not in its reckonings, but in its manifold judgments, does the superior science of the exchequer consist. For it is easy when the sum required has been put down, and the sums which have been handed in are placed under it for comparison, to tell by subtraction if the demands have been satisfied or if anything remains. But when one begins to make a many-sided investigation of those things which come into the fisc in varying ways, and are required under different conditions, and are not collected by he sheriffs in the same way,-to be able to tell if the latter have acted otherwise than they should, is in many ways a grave task. Therefore the greater science of the exchequer is said to consist in these matters. But the judgments on doubtful or doubted points which frequently come up can not be comprehended under one form of treatment; for all kinds of doubts have not yet come to light. Certain, however, of the matters which we know to have been brought up and settled, we shall note below in their proper place.
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VII. By whom, or for what purpose, the testing of silver was instituted.
D. By whom, and on what account, was this testing or combustion instituted ?
M. In order that it may be clear to thee concerning these things, I must begin a little further back. In the primitive state of the kingdom after the Conquest, as we have learned from our fathers, not weights of gold or but solely victuals were paid to the kings from their lands; from which the necessaries for the daily use of the royal household were furnished. And those who had been appointed for this purpose knew how much came from the separate estates. But from the pleas of the kingdom and from feudal reliefs, and from the cities or castles by which agriculture was not practised, cash money for the stipends or gifts of the soldiers, and for other necessary things came in. This arrangement, however, continued during the whole time of king William I., and up to the time of king Henry, his son; so that I myself saw some people who had seen victuals carried at stated times from the estates of the crown to the court: and the officials of the royal household knew from which counties corn and from which different kinds of meat, or fodder for horses, [56] or any other necessary things, were due. These being paid according to the measure fixed upon of each thing, the royal officials put them to the account of the sheriff, reducing them to a total of money: for a measure, namely, of grain enough for the bread of a hundred men, one shilling; for the body of a fattened ox, one shilling; for a ram or a sheep, 4d. ; for the fodder of twenty horses, likewise 4d. But as time went on, when the same king was occupied across the channel and in remote places, in calming the tumults of war, it came about that the sum necessary for meeting these expenses was paid in ready money. Meanwhile there kept coming to the court of the king a complaining multitude of peasants; or, what seemed to him worse, they frequently came in front of him as he passed, proffering their ploughs as a sign of the defective agriculture; for they were oppressed by innumerable burdens oil account of the victuals, which, having to traverse great distances in the realm, they brought from their lands. Yielding, therefore, to their complaints, the opinion of the nobles having been ascertained, he sent out throughout the kingdom the men most prudent and discreet in these matters. These, going around and examining with their own eyes the different estates, and estimating the victuals that were paid from them, reduced them to a sum of money. They decreed, moreover, that for the sum of the sums which was arrived at from all the estates in one county, the sheriff of that county should be bounden to the exchequer; adding that he should pay by scale, - that is, besides each cash pound, 6d. For they thought that, in course of time, it might easily come about that money, then good, might fall from its condition. Nor did their opinion prove false. Therefore they were compelled to decree that the farm of manors should be paid, not alone by scale but by weight; which could not be done without adding a great deal. This rule of payment was observed for many years in the exchequer: whence, frequently, in the old yearly rolls of that king, thou wilt find written: "in the treasury 100 pounds according to scale," or, " in the treasury 100 pounds according to weight." Meanwhile there came into prominence a prudent man, provident in [57] plans, discreet in discourse, and, by the grace of God, most remarkably adapted especially for great matters; thou would'st say that in him was fulfilled what is written, "the grace of the Holy Spirit knows no tardy delays." He being called to court by this same king, although unknown, yet not ignoble, taught by his example,
How poverty, e'en when extreme, can be most fruitful of heroes!
[Note: This is a play upon words. The name of the distinguished man in question was Roger the Poor (le Poer). He was the grand uncle of the author of this present treatise.]
He therefore increasing in favour with his prince, with and with the clergy, and with people, being made bishop of Salisbury, enjoyed the highest honours in the kingdom, and had great knowledge of the exchequer; so that, as is not doubtful, but is manifest from the rolls themselves, it flourished greatly under him. And from his troughs we, also, have received by tradition that little which we possess. Upon this point, at present, I omit to say much; because, as was due to the greatness of his position he left a memory to survive him which gives proof of a most noble, mind. He afterwards, by order of the prince, came to the exchequer; and after having sat there for some years, he learned that by the kind of payment described above the fisc did not fully get its dues: for although it seemed to get its dues in number and weight, it did not, nevertheless, in material. For it did not follow, when for one pound be paid twenty shillings in cash, even if they corresponded to a pound in weight, that he consequently paid a pound of silver: for he could have paid one mixed with copper or with any ore, since no test was made. In order therefore that the royal and the public advantage might at the same time be provided for, the advice of the king himself having been beard on this matter, it was decreed that the burning or testing of the farm should take place in the aforesaid manner.
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XVI. What is the Doomsday Book, and for what purpose composed.
When that distinguished conqueror of England, a relative by blood of this same prelate, had -subdued the utmost limits of the island to his rule, and had tamed the minds of the rebels by examples of terrible things,- he decreed, lest a free opportunity of erring should again be given, that the people subject to him, should submit to written custom and laws. The English laws, therefore, being laid before him according to their triple distinction, that is, Mercian law, Dane law, and West- Saxon law, some he rejected; others, moreover, approving, be added to them the transmarine laws of Neustria which seemed most efficacious for protecting the peace of the kingdom. At length, lest anything should seem to be wanting to the sum of all his forethought, having taken counsel, he despatched from his side the most discreet men in circuit, throughout the kingdom. By these men, in this way, a [77] diligent description of the whole land was made with regard to its woods as well as its pastures and meadows, agriculture; and this description having been noted down in common words, it was collected into a book; in order, namely, that each one, content with his own right, should not with impunity usurp that of another. Moreover the survey is made by counties, by hundreds and by hides, - the name of the king being marked at the very head, and then, in turn, the names of the other lords according to the dignity of their standing; that is to say those who are tenants in chief of the king. Moreover against the separate names thus arranged in order are p aced numbers by means of which, below, in the course of the book itself, whatever concerns these persons is more easily found. This book is called by the natives Domesday; that is, by metaphor, the day of judgment; for just as a sentence of that strict and terrible last trial cannot possibly be eluded by any art of tergiversation: so when in the kingdom, contention shall arise concerning things that are there noted,- when the book is appealed to its sentence can not be scorned or avoided with impunity. On this account we have named this book the book of dooms; not that, in it, a sentence is given concerning any doubtful matters that come up, but that from it, as from a judgment that has been given, it is not allowed in any way to depart.
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© Paul Halsall June 1997
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