Court baron
Encyclopedia
A Court baron is an English
or Scottish manorial court
dating from the Middle Ages
.
It was laid down by Sir Edward Coke
that a manor
had two courts, "the first by the common law, and is called a court baron," the freeholder
s ("baron
s") being its suitors; the other a customary court for the copyhold
ers. William Stubbs
adopted this explanation, but Maitland
held that court baron means curia baronis, "la court de seigneur," and that there was no evidence for there being more than one court. The old view that at least two freeholders were required for its composition is also now discarded. Maitland's conclusion was that the "court baron" was not even differentiated from the "court leet
" at the close of the 13th 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 traced to a lord's jurisdiction over his men rather than to his possession of the manor
, although in practice, from an early date, the court was associated with the manor.
Its chief business was to administer the "custom of the manor" and to admit fresh tenants who had acquired copyholds by inheritance or purchase, and had to pay, on so doing, a "fine" to the lord of the manor. It is mainly for the latter purpose that the court was kept. It was normally presided over by the steward of the lord of the manor, who is a lawyer, and its proceedings were recorded on the court roll
s, of which older ones are now important for genealogical as well as for legal purposes.
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
or Scottish manorial court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
dating from the Middle Ages
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
.
It was laid down by Sir Edward Coke
Edward Coke
Sir Edward Coke SL PC was an English barrister, judge and politician considered to be the greatest jurist of the Elizabethan and Jacobean eras. Born into a middle class family, Coke was educated at Trinity College, Cambridge before leaving to study at the Inner Temple, where he was called to the...
that a manor
Manor
-Land tenure:*Manor, an estate in land of the mediaeval era in England*Manorialism, a system of land tenure and organization of the rural economy and society in parts of medieval Europe based on the manor*Manor house, the principal house of a manor...
had two courts, "the first by the common law, and is called a court baron," the freeholder
Freeholder
A freeholder can refer to:* one who is in freehold* one who holds title to real property in Fee simple* an official of county government in the U.S. state of New Jersey...
s ("baron
Baron
Baron is a title of nobility. The word baron comes from Old French baron, itself from Old High German and Latin baro meaning " man, warrior"; it merged with cognate Old English beorn meaning "nobleman"...
s") being its suitors; the other a customary court for the copyhold
Copyhold
At its origin in medieval England, copyhold tenure was tenure of land according to the custom of the manor, the "title deeds" being a copy of the record of the manorial court....
ers. William Stubbs
William Stubbs
William Stubbs was an English historian and Bishop of Oxford.The son of William Morley Stubbs, a solicitor, he was born at Knaresborough, Yorkshire, and was educated at Ripon Grammar School and Christ Church, Oxford, where he graduated in 1848, obtaining a first-class in classics and a third in...
adopted this explanation, but Maitland
Frederic William Maitland
Frederic William Maitland was an English jurist and historian, generally regarded as the modern father of English legal history.-Biography:...
held that court baron means curia baronis, "la court de seigneur," and that there was no evidence for there being more than one court. The old view that at least two freeholders were required for its composition is also now discarded. Maitland's conclusion was that the "court baron" was not even differentiated from the "court leet
Court leet
The court leet was a historical court baron of England and Wales and Ireland that exercised the "view of frankpledge" and its attendant police jurisdiction, which was normally restricted to the hundred courts.-History:...
" at the close of the 13th 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 traced to a lord's jurisdiction over his men rather than to his possession of the manor
Manor
-Land tenure:*Manor, an estate in land of the mediaeval era in England*Manorialism, a system of land tenure and organization of the rural economy and society in parts of medieval Europe based on the manor*Manor house, the principal house of a manor...
, although in practice, from an early date, the court was associated with the manor.
Its chief business was to administer the "custom of the manor" and to admit fresh tenants who had acquired copyholds by inheritance or purchase, and had to pay, on so doing, a "fine" to the lord of the manor. It is mainly for the latter purpose that the court was kept. It was normally presided over by the steward of the lord of the manor, who is a lawyer, and its proceedings were recorded on the court roll
Court roll
The Manorial Roll or Court Roll is the roll or record kept in connection with a manorial court, in particular containing entries relating to the rents and holdings, deaths, alienations, and successions of the customary tenants or copyholders. A copy of the court roll constitutes the tenant's title...
s, of which older ones are now important for genealogical as well as for legal purposes.
Further reading
- http://www.archive.org/details/atreatiseoncopy00scrigoogScriven, John, (Serjeant at law), A treatise on copyhold, customary freehold, and ancient demesne tenure: with the jurisdiction of Courts baron and Courts leet; also an appendix, containing rules for holding Customary courts, Courts baron and Courts leet, forms of court rolls, deputations, and copyhold assurances, and extracts from the relative acts of Parliament, 2 vols., 2nd. ed., London, 1823]
- Andrew Barsby (1996) Manorial Law
See also
- court leetCourt leetThe court leet was a historical court baron of England and Wales and Ireland that exercised the "view of frankpledge" and its attendant police jurisdiction, which was normally restricted to the hundred courts.-History:...
, a court baron that exercised the view of frankpledge and its attendant police jurisdiction - ManorManor-Land tenure:*Manor, an estate in land of the mediaeval era in England*Manorialism, a system of land tenure and organization of the rural economy and society in parts of medieval Europe based on the manor*Manor house, the principal house of a manor...