The freeholders, who were thus required always to attendthe
courts, were doubtless the only witnesses who were usually
required in civil causes. This was owing to the fact that, in
those days, when the people at large could neither write nor
read, few contracts were put in writing. The expedient adopted
for proving contracts, was that of making them in the presence of
witnesses, who could afterwards testify to the transactions. Most
contracts in regard to lands were made at the courts, in the
presence of the freeholders there assembled. [2]
In the king's courts it was specially provided by Magna Carta
that "justice and right" should not be "sold;" that is, that the
king should take nothing from the parties for administering
justice.
The oath of a party to the justice of his cause was all that was
necessary to entitle him to the benefit of the courts free of all
expense; (except the risk of being amerced after the trial, in
case the jury should think he deserved it.
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