"Besides the tenants of the king, which held per baroniam, (by
the right of a baron,) and did suit and service (served as
judges) at his own court; and the burghers and tenants in ancient
demesne, that did suit and service (served as jurors or judges)
in their own court in person), and in the king's by proxy, there
was also a set of freeholders, that did suit aud service (served
as jurors) at the county court. These were such as anciently held
of the lord of the county, and by the escheats of earldoms had
fallen to the king; or such as were granted out by service to
hold of the king, but with particular reservation to do suit and
service (serve as jurors) before the kng's bailiff; because it
was necessary the sheriff, or bailiff of the king, should have
suitors (jurors) at the county court, that the business might be
despatched. These suitors are the pares (peers) of the county
court, and indeed the judges of it; as the pares (peers) were the
judges in every court-baron; and therefore the king's bailiff
having a court before him, there must be pares or judges, for the
sheriff himself is not a judge; and though the style of the court
is Curia prima Comitatus E. C. Milit.' vicecom' Comitat' praed'
Tent' apud B., &c;. (First Court of the county, E. C. knight,
sheriff of the aforesaid county, held at B., &c;.); by which it
appears that the court was the s1ieriff's; yet, by the old feudal
constititions, the lord was not judge, but the pares (peers)
only; so that, even in a justicies, which was a commission to the
sheriff to hold plea of more than was allowed hy the natural
jurisdiction of a county court, the pares (peers, jurors) only
were judges, and not the sheriff; because it was to hold plea in
the same manner as they used to do in that (the lord's) court."
Gilbert on the Court of Exchequer, ch. 5. 61- 2.
"It is a distinguishing feature of the feudal system, to make
civil jurisdiction necessarily, and criminal jurisdiction
ordinarily, coextensive with tenure; and accordingly there is
inseparably incident to every manor a court-baron (curia
baronum), being a court in which the freeholders of the manor are
the sole judges, but in which the lord, by himself or more
commonly by his steward, presides." Political Dictionary, word
Manor.
The same work, speaking of the county court, says: "The judges
were the freeholders who did suit to the court." See word Courts.
"In the case of freeholders attending as suitors, the county
court or court-baron., (as in the case of the ancient tenants per
baroniam attending Parliament,) the suitors are the judges of the
court, both for law and for fact, and the sheriff or the under
sheriff in the county court, and the lord or his steward in the
court-baron, are only presiding officers, with no judicial
authority." Political Dictionary, word Suit.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account