American Jurisprudence Constitutional Law §326.
Free Justice and Open Courts; Remedy for All Injuries.
In most of the state Constitutions there are provisions,
varying slightly in terms, which stipulate that
justice shall be administered to all without delay or denial,
without sale or prejudice,
and that the courts shall always be open to all alike.
These provisions are based largely upon the Magna Charta, chap. 40,
We will sell to no man. We will not deny to any man either justice or right.
The chief purpose of the Magna Charta provision
was to prohibit the King from selling justice
by imposing fees on litigants through his courts
and to deal a death blow to the attendant venal and disgraceful practices of
a corrupt judiciary
in demanding oppressive gratuities for giving or withholding decisions in pending causes.
It has been appropriately said that
in a free government
the doors of litigation are already wide open and must constantly remain so.
The extent of the constitutional provision has been regarded as broader than the original confines of Magna Charta,
and such constitutional provision has been held to prohibit the selling of justice
not merely by magistrates but by the State itself.