from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
OPEN COURT. The term sufficiently explains its meaning. By the constitution
of some states, and by the laws and practice of all the others, the courts
are required to be kept open; that is, free access is admitted in courts to
all persons who have a desire to enter there, while it can be done without
creating disorder.
2. In England, formerly, the parties and probably their witnesses were
admitted freely in the courts, but all other persons were required to pay in
order to obtain admittance. Stat. 13 Edw. I. C. 42, and 44; Barr. on the
Stat, 126, 7. See Prin. of Pen. Law. 165