"The crown exercised in those days an exorbitant and
inconvenient power, ordering the justices of the king's court, in
suits about lands, to turn out, put, and keep in possession,
which of the litigants they pleased; to send contradictory
orders; and take large sums of money from each; to respite
proceedings; to direct sentences; and the judges, acting by their
commission, conceived themselves bound to observe such orders,
to the great delay, interruption, and preventing of justice; at
least, this was John's practice," Carte's History of England,
vol. 1, p. 832.
Hallam says:
"But of all the abuses that deformed the Anglo-Saxon government,
none was so flagitious as the sale of judicial redress, The king,
we are often told, is the fountain of justice; but in those ages
it was one which gold alone could unseal. Men fined (paid fines)
to have right done them; to sue in a certain court; to implead a
certain person; to have restitution of land which they had
recovered at law. From the sale of that justice which every
citizen has a right to demand, it was an easy transition to
withhold or deny it. Fines were received for the king's help
against the adverse suitor; that is, for perversion of justice,
or for delay. Sometimes they were paid by opposite parties, and,
of course, for opposite ends." 2 Middle Ages, 438.
In allusion to the provision of Magna Carta on this subject,
Hallam says:
"A law which enacts that justice shall neither be sold, denied,
nor delayed, stamps with infamy that government under which it
had become necessary." 2 Middle Ages, 451.
Lingard, speaking of the times of Henry II., (say 1184,) says:
"It was universally understood that money possessed greater
influence than justice in the royal courts, and instances are on
record, in which one party has made the king a present to
accelerate, and the other by a more valuable offer has succeeded
in retarding a decision. * * But besides the fines paid to the
sovereigns, the judges often exacted presents for themselves, and
loud complaints existed against their venality and injustice."
8 Lingard, 231.
In the narrative of "The costs and charges which I, Richard de
Anesty, bestowed in recovering the land of William, my uncle,"
(some fifty years before Magna Carta,) are the following items:
"To Ralph, the king's physician, I gave thirty-six marks and one
half; to the king an hundred marks; and to the queen one mark of
gold." The result is thus stated. "At last, thanks to our lord
the king, and by judgment of his court, my uncle's land was
adjudged to me." 2 Palgrave's Rise and Progress of the English
Commonwealth, p. 9 and 24.
Palgrave also says:
Public-domain text, read in full here on John Shaqi.
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