"It appears that the ancient kings of England put themselves
entirely upon the footing of the barbarous Eastern princes, whom
no man must approach without a present, who sell all their good
offices, and who intrude themselves into every business that they
may have a pretence for extorting money. Even justice was
avowedly bought and sold; the king's court itself, though the
supreme judicature of the kingdom, was open to none that brought
not presents to the king; the bribes given for expedition, delay,
suspension, and doubtless for the perversion of justice, were
entered in the public registers of the royal revenue, and remain
as monuments of the perpetual iniquity and tyranny of the times.
The barons of the exchequer, for instance, the first nobility of
the kingdom, were not ashamed to insert, as an article in their
records, that the county of Norfolk paid a sum that they might be
fairly dealt with; the borough of Yarmouth, that the king's
charters, which they have for their liberties, might not be
violated; Richard, son of Gilbert, for the king's helping him to
recover his debt from the Jews; * * Serio, son of Terlavaston,
that he might be permitted to make his defence, in case he were
accused of a certain homicide; Walter de Burton, for free law, if
accused of wounding another; Robert de Essart, for having an
inquest to find whether Roger, the butcher, and Wace and
Humphrey, accused him of robbery and theft out of envy and
ill-will, or not; William Buhurst, for having an inquest to find
whether he were accused of the death of one Godwin, out of
ill-will, or for just cause. I have selected these few instances
from a great number of the like kind, which Madox had selected
from a still greater number, preserved in the ancient rolls of
the exchequer.
Sometimes a party litigant offered the king a certain portion,
a half, a third, a fourth, payable out of the debts which he, as
the executor of justice, should assist in recovering. Theophania
de Westland agreed to pay the half of two hundred and twelve
marks, that she might recover that sum against James de
Fughleston; Solomon, the Jew, engaged to pay one mark
out of every seven that he should recover against Hugh de la
Hose; Nicholas Morrel promised to pay sixty pounds, that the Earl
of Flanders might be distrained to pay him three hundred and
forty-three pounds, which the earl had taken from him; and these
sixty pounds were to be paid out of the first money that Nicholas
should recover from the earl." Hume, Appendix 2.
"In the reign of Henry II,, the best and most just of these (the
Norman) princes, * *Peter, of Blois, a judicious and even elegant
writer, of that age, gives a pathetic description of the venality
of justice, and the oppressions of the poor, * * and he scruples
not to complain to the king himself of these abuses. We may judge
what the case would be under the government of worse princes."
Hume, Appendix 2.
Carte says:
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