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COURT BARON

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Originally appearing in Volume V07, Page 324 of the 1911 Encyclopedia Britannica.
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COURT See also:BARON , an See also:English manorial court dating from the See also:middle ages and still in existence. It was laid down by Cokethat a See also:manor had two courts, " the first by the See also:common See also:law, and is called a court baron," the freeholders (" barons ") being its suitors; the other a customary court for the copyholders. See also:Stubbs adopted this explanation, but the latest learning, ex-pounded by See also:Professor See also:Maitland, holds that court baron means See also:curia baronis, " la court de seigneur," and that there is no See also:evidence for there being more than one court. The old view that at least two freeholders were required for its See also:composition is also now discarded. Prof. Maitland's conclusion,is that the " court baron " was not even differentiated from the " court-leet " at the See also:close of the 13th See also:century, but that there was a distinction of jurisdictional rights, some courts having only feudal rights, while others, had regalities as well. When the court-leet was differentiated, the court baron remained with feudal rights alone. These rights he was disposed to trace to a See also:lord's See also:jurisdiction over his men rather than to his See also:possession of the manor, although in practice, from an See also:early date, the court was associated with the manor. Its See also:chief business was to administer the " See also:custom of the manor "and to admit fresh tenants who had acquired copyholds by See also:inheritance or See also:purchase, and had to pay, on so doing, a " See also:fine " to the lord of the manor. It is mainly for the latter purpose that the court is now kept. It is normally presided over by the steward of the lord of the manor, who is a lawyer, and its proceedings are recprded on " the court rolls," of which the older ones are now valuable for genealogical as well as for legal purposes. See Select Pleas in Manorial and other Seignorial Courts, vol. i., and The Court Baron (See also:Selden Society).

(J. H.

End of Article: COURT BARON

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