Court baron

Court baron

A Court baron is an English 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 freeholders ("barons") being its suitors; the other a customary court for the copyholders. 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 rolls, of which older ones are now important for genealogical as well as for legal purposes.

Further reading

References

See also

  • court leet, a court baron that exercised the view of frankpledge and its attendant police jurisdiction
  • Manor

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  • Court-baron — Court bar on ( b?r ?n), n. (Law) An inferior court of civil jurisdiction, attached to a manor, and held by the steward; a baron s court; now fallen into disuse. [1913 Webster] …   The Collaborative International Dictionary of English

  • Court baron — Court held before a manor s freemen that dealt with services owed to the lord by tenants; also for the recovery of debts of less that 40s. However, the court had no power to imprison. Somewhat strangely, it appears that the court baron has not… …   Dictionary of Medieval Terms and Phrases

  • court baron — ▪ medieval court Latin  Curia Baronis        (“baron s court”), medieval English manorial court, or halimoot, that any lord could hold for and among his tenants. By the 13th century the steward of the manor, a lawyer, usually presided; originally …   Universalium

  • court-baron — In English law, a court which, although not one of record, was incident to every manor, and could not be severed therefrom. It was ordained for the maintenance of the services and duties stipulated for by lords of manors, and for the purpose of… …   Black's law dictionary

  • court-baron — In English law, a court which, although not one of record, was incident to every manor, and could not be severed therefrom. It was ordained for the maintenance of the services and duties stipulated for by lords of manors, and for the purpose of… …   Black's law dictionary

  • court baron — ˈ ̷ ̷ˈ ̷ ̷ ̷ ̷ noun (plural courts baron or court barons) Etymology: Anglo French court baron, literally, baron s court : an inferior manorial court presided over by its lord or his steward that had jurisdiction over certain cases (as petty… …   Useful english dictionary

  • Court Baron — A court of free tenants who determined the fate of other free tenants prior to the 14th century. Also a handbook by the same name, for use by seigniorial lords, containing precedence and guides so that justice might be more evenly administered.… …   Medieval glossary

  • court-baron — court barˈon noun (historical) The assembly of freehold tenants of a manor under a lord • • • Main Entry: ↑court …   Useful english dictionary

  • court baron — noun A form of manorial court that administered the common law for free tenants …   Wiktionary

  • court-baron — A court within a manor in which the tenants litigated and were tried …   Ballentine's law dictionary

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