vii THE PREFA C E. H Aving perufed feveral Books written on the Subject of Court-Keeping, and finding them defective in many Particulars, and confufed in the whole, not any one fingly, nor all of them together, containing fully the Modern Methods of Court-Keeping, and little or no Notice taken of any Part of the Bufinefs of Land-Stewardship, which is not inconfiderable; I have adventured to publish the following Sheets, to endeavour to make up the Deficiencies of the others on this Subject. other holder; Kit And as it may be expected from me to give Some particular Account of the following Work, to fet forth how far it contains more neceffary Coke's ComInformations than any other, or even all the plete CopyBooks now extant on this Head; I fhall only chin of Courts; take Notice, That the other Books now in Scroggs of Being of this Nature do not comprehend a Courts Leet; Complete Method of Court-Keeping, there be- ria; Greening no fuch Thing in any of them as a Charge wood of in the Court Leet and Court Baron fo proper Courts. and extenfive, (although it be in more Words in Lex Cuftuma in Greenwood) as is contained in this, nor any Precedents of Copies of Court-Roll for Lives, which are most commonly used at this Day, (although there are Copies of Inheritance in Scroggs) nor any Account of a Court of Survey, and very little Notice taken of Procefs in the Practice of the Court Baron relating to Actions, Leafes for Life or Years, Affignments, Mortgages of fuch Leafes, Surveys of Manors, Stewards Accounts, with feveral other Things of lefs Confequence; and what they do contain, is not fo regularly digefted as to render them a perfect Directory to a Steward without Experience: All which Defects I have endeavoured to fupply by Amendments, and by the Addition of Collections, which I have taken in above ten Years Experience. So that, altogether, I hope it will appear complete, according to the prefent Practice. In this SIXTH EDITION is added a great Variety of New Precedents, (particularly for the Infranchisement of Copyholds) drawn by Some of the most Eminent Conveyancers, and many adjudged Cafes relating to Copyholds, published by the best of the modern Reporters, as Lord Raymond, Comyns, Sir John Strange, &c. to the prefent Time. THE THE COMPLETE COURT-KEEPER: O R, Land-Steward's ASSISTANT. I The Nature of Courts Leet and Courts Baron, with a General Introduction to every Thing incident to them, according to Law and Cuftom. L EET, Leta, otherwife called a Law-day, A Court Leet feems to be derived from the Saxon Word what. Its Ori Læo, as it appears by the Laws of King Ed- ginal and Au ward, let out by Lambert. It was a Court thority. of Jurifdiction above the Wapentake or Hundred. Many Lords, together with their Courts Baron, have likewife Leets adjoined, and thereby do inquire of fuch Tranfgreffions, as are fubject to the Inquiry and Correction of this Court. But in whose Manor foever it be kept, 'tis accounted the King's Court, because the Authority thereof originally belonged to the Crown. Kitch. Fol. 6. Dyer, Fol. 64. faith, That this Leet was firft derived from the Sheriff's Court: And it inquireth of all Offences under High Treafon, committed against the Crown and Dignity of the King, tho' it cannot punish many, but muft certify them to the Juftices of Affize, by the Stat. 1 Ed. 3. c. ult. And it is called the View of Frankpledge, for Court Leet, for that what ordained. B A Court Baron ed. that the King there may be certified by the View of the Steward, how many People are within every Leet, and also have an Account of their good Manners and Government; and every Perfon of the Age of 12 Years, which had remained there by a Year and a Day, to be sworn to be faithful to the King, and also to keep the People in Peace and Obedience. This Court is to be kept twice in every Year; one Time within a Month after Eafter, and the other Time within a Month after Michaelmas, at a certain Place within the Precinct; and of this Court the Lord or his Steward is Judge. A Court Baron is incident to and infeparable from what, and for a Manor. Thefe Courts were ordained to determine what ordain Injuries, Trefpaffes, Debts, and other Actions that are under 40s. The Homage ought to inquire in this Court, that their Lords fhall not lofe their Services, Customs, or Duties, but make their Suits in this Court as Obedience to their Lords, and prefent all common and private Nufances, which may prejudice their Lord's Manor. In this Court the Freeholders or Freefuitors are Judges. A Manor, of what it con fifts. Original of This Court cannot fubfift without two Freefuitors or cuftomary Copyholders, as the Court Leet may; but it may confift of lefs than 12 Jurymen, which the Court Leet cannot. A Manor confifts of Demefnes and Services, and a Court Baron as incident, and this must be Time out of Memory; for a Manor cannot begin at this Day, because a Court Baron cannot now be made. Court Baron is the chief Prop and Pillar of a Manor; for that no fooner faileth, but the Manor falleth to the Ground: The For the Original of Manors, we find in our Books, that the ancient Kings of this Realm, who had all the Lands of England in Demefne, (that is, in their own Hands) did grant a certain Compass or Circuit of Ground unto fome great Perfonage, with Liberty to parcel the Land out to other inferior Tenants, referving fuch Duties and Services as they thought convenient; with Power to keep Courts, where they might redress Misdemeanors within fuch their Precincts, punish Offences committed by their Tenants, and debate and decide Controverfies within their Jurifdiction; These Lords and Noblemen performing fuch Services, and paying fuch Rents, as the faid Kings by their Grants teferved. Thefe Grantees were called Barons, and were fuch as came to Parliament, and from thence it retains the Name of Court Baron to this Day; tho' in Procefs of Time, by the Grants of fuch Barons, these Lands and Manors came into the Hands of mean Men, by Purchase, &c. as it is at this Time. Courts Baron, by the Law, may be kept once every three Weeks, at any Place within the Manor. For the Etymology of the Word Manor, fome fancy Word Manof it to derive from Manurium, a Manuring the Ground'; from whence but others think (with more Probability) that it comes derived. from the French Word Mefner, to govern or guide, because the Lord hath the Government of the Tehants within his Jurifdiction. Upon the Creation of Manors, the Lords took as much as was neceflary for their own Ufe into their Demefnes: They diftributed as much as was convėnient amongft their Tenants; and what was left was called the Lord's Wafté, because it was neglected by the Lord. Courts Baron differ from Courts Leet in divers Refpects, inter alia, as follow. 1. A Court Baron may be kept once in every three Weeks, and (as fome think) oftener; but à Court Leet by the Statute of Magna Charta is to be kept but twice every Year; one Time within a Month after Eafter, and another Time within a Month after Michaelmas. 2. A Court Baron may be kept at any Place within the Manor; but a Court Leet, by the Statute of Magná Charta, must be kept in loco certo ac determinato within the Precinct. 3. Originally Courts Baron belonged to inferior Lords of Manors; but Courts Leet originally belonged to the King. B 2 4. A |