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And further also, We do by these Presents, for Us, Our Heirs and Successors, give and Grant, License to them the Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton and Sir William Berkeley, their Heirs and Assigns, full Power, Liberty and License, to Erect, Raise and Build within the said Province and Places aforesaid, or any Part or Parts thereof, such and so many Forts, Fortresses, Castles, Cities, Boroughs, Towns, Villages and other Fortifications whatsoever; and the same or any of them to Fortify and Furnish with Ordnance, Powder, Shot, Armour and all other Weapons, Ammunition and Habiliments of War, both Defensive and Offensive, as shall be thought fit and convenient for the Safety and Welfare of the said Province, and Places, or any Part thereof; and the same, or any of them, from Time to Time, as Occasion shall require, to Dismantle, Disfurnish, Demolish and Pull down; And also to Place, Constitute and Appoint in, or over all, or any of the said Castles, Forts, Fortifications, Cities, Towns and Places aforesaid, Governours, Deputy Governours, Magistrates, Sheriffs and other Officers, Civil and Military, as to them shall seem meet; and to the said Cities, Boroughs, Towns, Villages, or any other Place or Places, within the said Province or Territory, to Grant Letters or Charters of Incorporation, with all Liberties, Franchises and Privileges requisite, or usual, to, or within this our Kingdom of England granted, or belonging; And in the same Cities, Boroughs, Towns and other Places, to Constitute, Erect and Appoint such, and so many Markets, Marts and Fairs as shall in that Behalf be thought fit and necessary; And further also, to Erect and Make in the Province or Territory aforesaid, or any Part thereof, so many Mannors with such Signories as to them shall seem meet and convenient, and in every of the same Mannors to have and to hold a Court-Baron, with all Things whatsoever, which to a Court-Baron do belong, and to have and to hold Views of Frank Pledge, and Court-Leet, for the Conservation of the Peace, and better Government of those Parts, with such Limits, Jurisdiction and Precincts, as by the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, or their Heirs, shall be appointed for that purpose, with all things whatsoever, which to a Court-Leet, or view of Franck Pledge, do belong; the same Courts to be holden by Stewards, to be Deputed and Authorized by the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carterett, Sir John Colleton, and Sir William Berkeley, or their Heirs, by the Lords of the Mannors and Leets, for the Time being, when the same shall be Erected.
It is manifest from all the accounts we have of the courts in which juries sat, prior to Magna Carta, such as the court-baron, the hundred court, the court-leet, and the county court, that they were mere courts of conscience, and that the juries were the judges, deciding causes according to their own notions of equity, and not according to any laws of the king, unless they thought them just.
"In the year 1650, this cross was presented at the court-leet as being in such a ruinous state, that it greatly endangered the lives of those persons who were passing near it. Upon this occasion a rate of 4d. was levied upon every inhabitant to defray the charge of repairing it.
"A bailiff of a Leet, Court-baron, Manor, Balivus Letae, Baronis, Manerii. He is one that is appointed by the lord, or his steward, within every manor, to do such offices as appertain thereunto, as to summon the court, warn the tenants and resiants; also, to summon the Leet and Homage, levy fines, and make distresses, &c;., of which you may read at large in Kitchen's Court-leet and Court-baron."
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.
In this part there was a very old inn bearing the name The Magpie and Stump. It was a quaint old structure, and the court-leet and court-baron held sittings in it. In 1886 it was destroyed by a fire, and is now replaced by a very modern structure of the same name.
Tomline's Law Dict., word Court-Leet. Of course the jury were the judges in this court, where only a "steward" or "bailiff" of a manor presided. Gilbert's History of the Common Pleas, Introduction, p. 19. Gilbert's History of the Common Pleas, p. 70, note.
Some showed great unwillingness; for a dormant title will not always bear examination But William producing divers charters, clearly proved his right to every manorial privilege, such as market, toll, tem, sack, sok, insangenthief, weyfs, gallows, court-leet, and pillory, with a right to fix the standard for bread and beer; all which were allowed.
Their compact was thus in some sort an unconscious reproduction of the laws and customs of the old-time court-leet, profoundly modified to suit the peculiar needs of backwoods life, the intensely democratic temper of the pioneers and above all the military necessities of their existence.
This he compiled for the use of the court baron, hundred and county court, the court-leet and sheriff's toarn, tribunals which he established for the trial of all causes, civil and criminal, in the very districts wherein the complaints arose." 4 Blackstone, 411.
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