Bouleutērion, or A practical demonstration of county judicatures. Wherein is amply explained the judiciall and ministeriall authority of sheriffs. Together with the original, jurisdiction, and method of keeping all countrey courts. / By Will: Greenwood, philomath.

The difference betwixt Court-Leet and Court Baron.

* 1.1HAving travelled thus far in this pen-beaten way, we will now inquire the difference between Court-Leet and Court-Baron; and here these Courts differ from Court-Leets in divers respects: and first in this, that Court-Barons by the Law may be kept once every three weeks, or (as some thinke) as often as it shall please the Lord of the Mannor, though for the better ease both of Lords and tenants, they are kept but very seldome; but a Court-Leet by the Statute of Magna Char∣ta cap. 35. 31 E. 3. cap. 15. is to be kept but twice every year, one time within the Month after Easter, and ano∣ther time within a Month after Michaelmas.

2. Secondly, in this, that Court-Barons may be kept in any place within the Mannor, but a Court-Leet by the said Statute of Magna Charta is to be kept in certo loco ac determinato within the precinct.

3. Thirdly, in this, that originally Court-Barons be∣longed unto inferior Lords of Mannors, but Court-Leets belonged unto the King only.

4. Fourthly, in this, that Court-Barons are insepe∣rably incident to every Mannor, so that every Lord of a Mannor may keep a Court-Baron, but few have Leets; for inferior Lords of Mannors cannot keep Court Leets without speciall prescription, or some speciall patent from the King.

5. Fifthly, in this, that in Court-Barons the Suitors are Judges; but in Court-Leets the Steward is Judge.

6. Sixthly, in this, that in Court-Barons the Jury consisteth oftentimes of lesse then twelve, in Court-Leets never, because none are impannelled upon the Jury but Freeholders in Court-Barons of the same Man∣nor; but in Court-Leets strangers are oftentimes im∣pannelled.

7. Seventhly, in this, that Court-Barons cannot subsist without two Suitors ad minimum, but Court-Leets can well subsist without any Suitors.

8. Eighthly in this, that Court-Barons enquire of no offences committed against the Protector, but Court-Leets enquire of all offences under High-Trea∣son committed against the State and dignity of the Protector.

9. In many other respects they differ, as that a Writ of error lieth upon a Judgement given in a Court-Leet, but not in a Court-Baron.

10. So in a Court-Leet a capias lieth, but in a Court-Baron, instead of a capias is used an Attach∣ment by goods.

11. So in a Court-Baron an action of Debt lieth for the Lord himselfe, becanse the Suitors are Judges, but in a Court-Leet the Lord cannot maintain any action sor himselfe, because the Steward is judge.

Notes

• * 1.1

  Mag. Char. c. 35. 31 E. 3 cap. 15.