Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
V. _Erroneous Views._ In the reign of Edward I. the real motive of this
chapter of Magna Charta—so quickly had the organization of the law
courts progressed—had already been lost sight of. The day of wandering
common pleas, such as that of Richard d’Anesty, had been long forgotten.
Some litigants of Edward’s time had, however, a different grievance of
their own, connected with the hearing of their suits. The Court of
Exchequer was willing, for an adequate consideration, to place its
specially potent machinery, devised originally for the king’s exclusive
use, at the disposal of private creditors, thus treating “common pleas”
as “exchequer pleas.” Ordinary debtors, summoned as defendants before
the _barones scaccarii_, were subjected to harsher treatment than they
would have experienced elsewhere. It was not unnatural that defendants
who found themselves thus hustled should read the words of Magna Carta
relative to “common pleas” as precisely suited to their own case. They
made this mistake the more readily as the original motive had been
forgotten. The Charter was thus read as preventing the stationary Court
of Exchequer (not the constantly moving King’s Bench) from hearing
ordinary suits. This erroneous view received legislative sanction. The
_Articuli super cartas_ in 1300 declared that no common pleas should
thenceforth be held in the Exchequer “contrary to the form of the Great
Charter.”[545]
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Footnote 545:
See 28 Edward I. c. 4. Many previous attempts had been made to keep
common pleas out of the Exchequer _e.g._ the writs of 56 Henry III.
and 5 Edward I. (cited Madox, II. 73-4) the so-called statute of
Rhuddlan (12 Edward I., see _Statutes of Realm_, I. 70). Madox also
(II. 73-4) takes the erroneous view that c. 17 of the Great Charter
relates to the Exchequer; so does Mr. Bigelow (_History of Procedure_,
130–1), who goes further astray by explaining the point of the
grievance as the difficulty of getting speedy justice at the
Exchequer, because the barons refused to sit after their fiscal
business had been finished, at the Easter and Michaelmas sessions.
This is an error: the Barons of Exchequer made no difficulty about
hearing pleas: quite the contrary. Plaintiffs were equally eager to
purchase the writs which they were keen to sell: it was only
defendants (debtors) who objected to the rapid and stringent procedure
for enforcing payment adopted by this efficient court. The sheriffs
and others waiting to render accounts before the Exchequer also
protested against the congestion of business produced at the Exchequer
by the eagerness of litigants who pressed there for justice. See
Madox, II. 73. Plaintiffs had no reason to complain.
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