In saying that the free administration of justice was a principle
of the common law, I mean only that parties were subjected to no
costs for jurors, witnesses, writs, or other necessaries for the
trial, preliminary to the trial itself. Consequently, no one
could lose the benefit of a trial, for the want of means to
defray expenses. But after the trial, the plaintiff or defendant
was liable to be amerced, (by the jury, of course,) for having
troubled the court with the prosecution or defence of an unjust
suit.
[1] But it is not likely that the losing party was subjected to
an amercement as a matter of course, but only in those cases
where the injustice of his cause was so evident as to make him
inexcusable in bringing it before the courts.
All the freeholders were required to attend the courts, that they
might serve as jurors and witnesses, and do any other service
that could legally be required of them; and their attendance was
paid for by the state. In other words, their attendance and
service at the courts were part of the rents which they paid the
state for their lands.
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