Stephens adopts as correct the following quotations from Blackstone:
"The Court-Baron is a court incident to every manor in the kingdom,
to be holden by the steward within the said manor." * *
It "is a court of common law, and it is the court before the
freeholders who owe suit and service to the manor," (are bound to
serve as jurors in the courts of the manor,) "the steward being
rather the registrar than the judge. * * The freeholders' court
was composed of the lord's tenants, who were the pares(equals) of
each other, and were bound by their feudal tenure to assist their
lord in the dispensation of domestic justice. This was formerly
held every three weeks; and its most important business was to
etermine, by writ of right, all controversies relating to the right
of lands within the manor." 3 Stephens' Commentaries, 392 3.
3 Blackstone, 32-33.
"A Hundred Court is only a larger court-baron, being held for all
the inhabitants of a particular hundred, instead of a manor. The
free suitors ( jurors) are here also the judges, and the steward
the register." 3 Stephens, 394. 3 Blackstone, 33.
"The County Court is a court incident to the jurisdiction of the
sheriff. * * The freeholders of the county are the real judges in
this court, and the sheriff is the ministerial officer." 3
Stephens, 395 6. 3 Blackstone, 35-6.
Blackstone describes these courts, as courts "wherein injuries
were redressed in an easy and expeditious manner, by the suffrage
of neighbors and friends." 3 Blackstone, 30.
"When we read of a certain number of freemen chosen by the
parties to decide in a dispute all bound by oath to vote in
foro conscientia and that their decision, not the will of the
judge presiding, ended the suit, we at once perceive that a great
improvement has been made in the old form of compurgation an
improvement which impartial observation can have no hesitation
to pronounce as identical in its main features with the trial by
jury." Dunham's Middle Ages, Sec. 2, B. 2, Ch. 1. 57 Lardner's
Cab. Cyc., 60.
"The bishop and the earl or, in his absence, the gerefa,
(sheriff,) and sometimes both the earl and the gerefa, presided
at the schyre-mote (county court); the gerefa (sheriff) usually
alone presided at the mote (meeting or court) of the hundred. In
the cities and towns which were not within any peculiar
jurisdiction, there was held, at regular stated intervals, a
burgh mote, (borough court,) for the administration of justice,
at which a gerefa, or a magistrate appointed by the king,
presided." Spence's Origin of the Laws and Political
Institutions of Modern Europe, p. 444.
Public-domain text, read in full here on John Shaqi.
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