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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"

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.


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