Hallam says: "A respectable class of free socagers, having, in
general, full rights of alienating their lands, and holding them
probably at a small certain rent from the lord of the manor,
frequently occur in Domes-day Book. * * They undoubtedly were suitors
to the court-baron of the lord, to whose soc, or right of justice,
they belonged. _They were consequently judges in civil causes,
determined before the manorial tribunal._"--_2 Middle Ages_, 481.
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 determine, by writ of right, all
controversies relating to the right of lands within the manor_."--_3
Stephens' Commentaries_, 392-3. _3 Blackstone_, 32-3.
"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.
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