Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/675

 19. ZANE: THE FIVE AGES 661 promise him four shillings as a fee. Williarti agreed to defend, provided Simon would swear that he got the false ell from a merchant of Rouen. Although Simon did so state and vouched the Rouen merchant to warranty, yet he with- drew his voucher of the Rouen merchant. The scheme, of course, was to fleece the rich foreign merchant; but Simon lost heart or was bought off'. Then William had the eff'ront- ery to sue John Goldsmith for the four shillings retainer and ten pounds damages because John had induced Simon to withdraw the said voucher of the said merchant of Rouen, " out of whom," William brazenly avers, " the said William had hoped to get a large sum of money." The damages arose because the pettifogger was deprived of an oppor- tunity for levying blackmail. Surely William was thrown away on that early time. He belonged to the " justice shop " of one of our large cities. The evils of these local courts are manifest. In one case Hereford asks Malberthorpe, " Why did you not plead this exception in the county court.'' " " Because," replied the counsel, " we thought it would have more chance before you than in that court." In the same year Margery brought a writ of false judgment against the suitors of the court baron of Fulk Fitz Warin, lord of the manor, for failing to record her plea against Fulk in his own court. The suitors appeared in the king's court before Bereford to answer the writ. Bereford, Justice : " Good people, Margery brings her writ, etc. What have you to say.? " Heydon, retained for the suitors : " I will tell you all about the business." Bereford : " You shall not say a word about it, but they out of their own mouths shall record it." The suitors then said that they feared to record the woman's plea out of fear of Fulk, who had beaten one of them and overawed them by force, so that they were compelled to come to the king's court under protection. Bereford : " Go aside by your- selves and take a clerk with you and have him write down your record, taking care that Robert Heydon comes not near you." Bereford was determined to get at the exact truth and that the suitors should make their record without the aid of counsel. The record made, Bereford issued a writ