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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"


[16] Of course, Mr. 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.
[17] The jurors were sometimes called " assessors," because they
assessed, or determined the amount of fines and amercements to
be imposed.
[18] "The barons of the Hundred" were the freeholders. Hallam
says: "The word baro, originally meaning only a man, was of very
large significance, and is not unfrequently applied to common
freeholders, as in the phrase court-baron." 3 Middle Ages,
14-15.
Blackstone says: "The court-baron * * is a court of common law,
and it is the court of the barons, by which name the freeholders
were sometimes anciently called; for that it is held before the
freeholders who owe suit and service to the manor." 3
Blackstone, 33.
[19] The ancient jury courts kept no records, because those who
composed the courts could neither make nor read records.


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