Page:The Green Bag (1889–1914), Volume 08.pdf/269

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242
The Green Bag.

THE LAW'S DELAYS IN THE OLDEN TIME. A REMARKABLY interesting and con temporaneous picture of the delays and difficulties of the reign of Henry II is to be found in a well-authenticated MS. memorandum made by one Richard de Anesti, setting out in simple language his struggles to obtain a judgment as to his right to certain lands in the county of Hertford. His uncle, William de Sackville, being pre contracted to one Albreda de Tregoz, after ward married Adeliza de Verc. The latter contract being declared invalid on appeal by the Bishop of Winchester, he returned to Albreda and lived with her until his death. Leaving no issue by Albreda, and dying intestate, Richard as hejr at law of his uncle claimed the land which was also claimed by Adeliza on behalf of a child, of whom she alleged that William de Sackville was the father. Richard relied for his case on the divorce granted nearly thirty years before and acted on by all parties, the validity of which, how ever, was disputed by Adeliza. He began by sending to the King in Nor mandy for a writ, which being obtained, he took it to Queen Elinor at Salisbury to be sealed by her, as she held the Great Seal during the King's absence. He then had a day appointed for his cause to be heard by Richard de Luci, then Chief Justiciar at Northampton, and he duly cited Adeliza de Vere and her brother Geoffrey. Arrived at Northampton with his friends and witnesses, his cause was postponed by de Luci to Southampton. The matter was then moved into the court of Archbishop Theobald, who ordered it to be heard at Lambeth, on the feast of St. Vincent, from which date it was postponed to the feast of St. Perpetua, and thence to the feast of St. Valentine at Maid stone.

After other adjournments, he appeared with his friends, his advocates, and his wit nesses before the Archbishop at Lambeth, when he was again referred to Canterbury, and thence to the King, who was in Gascony, where he went with his friends and helpers and found the King at Auvilar. He then returned to Canterbury and followed his suit in journeys between London, Canterbury, Winchester, Chichester, Salisbury, and Nor mandy. His case then got before the Bish op of Chichester and the Abbot of West minster, who gave him days in London and at Oxford, but his case was not heard. Delays and postponements followed each other, and then his adversaries appealed to Rome, where his claim to succeed his uncle was confirmed. At length his influence at court induced the King to accept a fine of 100 marks of silver to hear the case before himself and his chief justiciar, de Luci. After protracted delays, during which he fol lowed the King for weeks at Romsay, at Reading, at Wallingford, and elsewhere, being unable to get a hearing through the multiplicity and importance of the business to be transacted, the King in person tried the case at Woodstock, and confirmed de Anesti in his title to the land. In this suit, which he tells us lasted six years, he spent all his substance in journeys, in payments to his friends, to his advocates, and to his witnesses, and in fees and gifts to the Queen, to the King's physician and to others, detailed particulars of which he gives in his story. And he adds that, having been three years in possession of his uncle's land, he still saves fifteen marks to the King, and most of the money which he had bor rowed from Hakelot the Jew during the progress of his case. — F. A. Inderwick,. in " The King's Peace."