tenants, of which the lord or the steward was the judge. The Court Baron was of two natures, "the Freeholders' Court, which hath jurisdiction for trying actions of debt, trespasses, &c., under forty shillings, may be had every three weeks, and is something like a county court . . . . . The other, for taking and passing of estates, surrenders, admittances, &c., is held but once or twice in a year (usually with the Court Leet) unless it be on purpose to grant an estate; and then it is holden as often as requisite. In this court the homage jury [Mr. Charles Elton, a recent authority, speaking of the Court Baron and the homage jury, says, "the name is given by common usage to the customary court of the copyholders, which concerns the copyholders only, and may be held without free tenants; and in the same way the word 'homage' is used to denote the jury of copyholders."—Custom and Tenant Right, 1882, p. 90.] are to inquire, that the lords do not lose their services, duties, or custom; but that their tenants make their suits of court, pay their rents and heriots, &c., and keep their lands and tenements in repair; they are to present all common and private nuisances which may prejudice their lord's manor, and every public trespass must be punished in this court by amercement, on presenting the same." [Court Leet Records of the Manor of Manchester, edited by John Harland, Chetham Society, 1864, preface, p. 9. This passage is based upon Coke's 4 Report, 26; 6 Report, 11, 12; Compleate Copyholder, § 31 (ed. 1641, p. 60); and the Statute 4 Edw. I.]
A steward presided at the meeting on behalf of the lord, and gave the charge to the homagers (or freeholders), who were sworn in to enquire and adjudicate whether the general articles here following had been kept within the manor. The Court Baron thus, "chiefly regards the suit and service, the trespasses and offences, of the tenants, as relating to the rights and privileges of the lord of the manor." [Ibid.]
On the other hand "the Court Leet takes cognizance of felonies and misdemeanors, offences and nuisances generally," being "the older and superior tribunal, a Court of Record and the Court of the King." That is, the Court Leet included powers of dealing with the public peace and welfare, and matters which had to be dealt with by the general law of the land; it was the Law-day, held usually in manors, sometimes also in the larger jurisdiction of the hundred, when it was called the Sheriff's Tourn and Leet, because the