Note 857 — MAGNA CARTA. (continued 5)

Fines for this purpose were frequent under Henry II. and his sons. Madox, I. 447, cites many examples. Thus in 1166 Ralph Fitz Simon paid two marks “for speeding his right” (pro recto suo festinando). The practice continued under Henry III. in spite of Magna Carta. Bracton’s Note Book cites a hard case (No. 743): Henry III. was claiming prerogative wardship where it was illegal under c. 37 of Magna Carta (q. v.). The court might have delayed hearing the mesne lord’s plea until the wardship was ended; but he paid five marks pro festinando judicio suo. The fine was said to be given “willingly” (sponte). Did the use of this word make possible an evasion of c. 40 of the Charter?