"The precious ore was cast into the scales of justice, even when
held by the most conscientious of our Anglo-Saxon kings. A single
case will exemplify the practices which prevailed. Alfric, the
heir of 'Aylwin, the black,' seeks to set aside the death-bed
bequest, by which his kinsman bestowed four rich and fertile
manors upon St. Benedict. Alfric, the claimant, was supported by
extensive and powerful connexions; and Abbot Alfwine, the
defendant, was well aware that there would be danger in the
discussion of the dispute in public, or before the Folkmoot,
(people's meeting, or county court); or, in other words, that the
Thanes of the shire would do their best to give a judgment in
favor of their compeer. The plea being removed into the Royal
Court, the abbot acted with that prudence which so often calls
forth the praises of the monastic scribe. He gladly emptied
twenty marks of gold into the sleeve of the Confessor, (Edward,)
and five marks of gold presented to Edith, the Fair, encouraged
her to aid the bishop, and to exercise her gentle influence in
his favor. Alfric, with equal wisdom, withdrew from prosecuting
the hopeless cause, in which his opponent might possess an
advocate in the royal judge, and a friend in the king's consort.
Both parties. therefore, found it desirable to come to an
agreement." 1 Palgrave's Rise and Progress, &c;., p. 650.
But Magna Carta has another provision for the trial of civil
suits, that obviously had its origin in the corruption of the
king's judges. The provision is, that four knights, to be chosen
in every county, by the people of the county, shall sit with the
king's judges, in the Common Pleas, in jury trials, (assizes,) on
the trial of three certain kinds of suits, that were among the
most important that were tried at all. The reason for this
provision undoubtedly was, that the corruption and subserviency
of the king's judges were so well known, that the people would
not even trust them to sit alone in a jury trial of any
considerable importance. The provision is this:
Chap. 22, (of John's Charter.) "Common Pleas shall not follow our
court, but shall be holden in some certain place. Trials upon the
writ of novel disseisin, and of Mort d'Ancester, and of Darrein
Presentment, shall be taken but in their proper counties, and
after this manner: We, or, if we should be out of our realm, our
chief justiciary, shall send two jnsticiaries through every
county four times a year; [3] who, with four knights chosen out
of every shire, by the people, shall hold the assizes (juries) in
the county, on the day and at the place appointed."
It would be very unreasonable to suppose that the king's judges
were allowed to dictate the law to the juries, when the people
would not even suffer them to sit alone in jury trials, but
themselves chose four men to sit with them, to keep them honest.
[4]
Public-domain text, read in full here on John Shaqi.
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