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Updated: May 14, 2025
We may consider it a wart on the political body, which merits the caustic. Deritend, being a hamlet of Birmingham, sends her inhabitants to the court-leet, where they perform suit and service, and where her constable is chosen by the same jury. I shall here exhibit a defective list of our principal officers during the last century.
Grants of manorial powers, "court-leet, court- baron, and view of frank-pledge," were made in several of the colonial charters; but these institutions showed little inclination to renew in America a vitality they had lost in England.
Reeve means to be understood that, in the hundred court, and court-leet, the jurors were the judges, as he declares them to have been in the county court; otherwise the "bailiff" or "steward" must have been judge. The jurors were sometimes called " assessors," because they assessed, or determined the amount of fines and amercements to be imposed. "The barons of the Hundred" were the freeholders.
The next officer to the high steward is the deputy steward, appointed by the high steward, and confirmed by the dean and chapter, who is usually a gentleman learned in the law, being judge of their court for trial of civil actions between party and party, which is held usually on Wednesday every week. They have also a court-leet, held annually on St.
And the same order as well in civil matters and pecuniary, as in matters criminal." Smith's Commonwealth of England, ch. 9, p. 53, Edition of 1621. Court-Leet. Lord Mansfield states that this court was coeval with the establishment of the Saxons here, and its activity marked very visibly both among the Saxons and Danes.
Rushworth's property on each side of the road," without elation of heart; and it was a pleasure to increase with their approach to the capital freehold mansion, and ancient manorial residence of the family, with all its rights of court-leet and court-baron. "Now we shall have no more rough road, Miss Crawford; our difficulties are over. The rest of the way is such as it ought to be. Mr.
Aside from his position as landlord, the most important of these rights was that of holding a court-baron and a court-leet and view of frank-pledge. Various powers and activities had long gathered around these petty courts, but the whole group of manorial rights and duties of jurisdiction and administration was, in 1600, fast becoming an obsolete and insignificant institution.
He was appointed by the court-leet, where this was still held; in other cases by the steward of the lord of the manor, the vestry of the parish, or, as a part of their residuary duties, by the justices of the peace. The regular form of oath of the constable may be quoted in some fulness to show the nature of his duties.
The nature of the common law courts existing prior to Magna Carta, such as the county courts, the hundred courts, the court-leet, and the court-baron, all prove, what has already been proved from Magna Carta, that, in jury trials, the juries fixed the sentence; because, in those courts, there was no one but the jury who could fix it, unless it were the sheriff, bailiff, or steward; and no one will pretend that it was fixed by them.
In his "Conditions for Plantations," August 8, 1636, after providing liberally for all who brought emigrants to the colony, he directed that every one thousand acres or greater quantity so given to any adventurer "should be erected into a manor with a court-baron and court-leet to be from time to time held within every such manor respectively."
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