Commonwealth_,
p. 9 and 24.
Palgrave also says:
"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
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