Online Encyclopedia

COURT BARON

Online Encyclopedia
Originally appearing in Volume V07, Page 324 of the 1911 Encyclopedia Britannica.
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COURT BARON  , an
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English manorial court dating from the
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middle ages and still in existence . It was laid down by Cokethat a
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manor had two courts, " the first by the
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common law, and is called a court baron," the freeholders (" barons ") being its suitors; the other a customary court for the copyholders . Stubbs adopted this explanation, but the latest learning, ex-pounded by Professor Maitland, holds that court baron means
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curia baronis, " la court de seigneur," and that there is 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 . Prof . Maitland's conclusion,is 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 he was disposed to trace 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
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inheritance or
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purchase, and had to pay, on so doing, a "
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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 (Selden Society) .

(J . H .

End of Article: COURT BARON
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