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Spooner, Lysander, 1808-1887

"Essay on the Trial By Jury"

" -- 3
Blackstone, 30 to 32.

"The court-baron is a court incident to every manor in the
kingdom, to beholden by the steward within the said manor. This
court-baron is of two natures; the one is a customary court, of
which we formerly spoke, appertaining entirely to the
copy-holders, in which their estates are transferred by surrender
and admittance, and other matters transacted relative to their
tenures only. The other, of which we now speak, is a court of
common law, and it is a court of the barons, by which name the
freeholders were sometimes anciently called; for that it is held
by the freeholders who owe suit and service to th manor, the
steward being rather the registrar than the judge. These courts,
though in their nature distinct, are frequently confounded
together. The court we are now considering, viz., 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.


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