Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/45

Ch. 4. cognizance of all matters that can poibly arie within the precinct of that fair or market; and the plaintiff mut make oath that the caue of an action aroe there. From this court a writ of error lies, in the nature of an appeal, to the courts at Wetminter. The reaon of it's intitution eems to have been, to do jutice expeditiouly among the variety of perons, that reort from ditant places to a fair or market: ince it is probable that no other inferior court might be able to erve it's proces, or execute it's judgements, on both or perhaps either of the parties; and therefore, unles this court had been created, the complaint mut: necearily have reorted even in the firt intance to ome uperior judicature.

court-baron is a court incident to every manor in the kingdom, and was holden by the teward within the aid manor. This court-baron is of two natures : the one is a cutomary court, of which we formerly poke, appertaining entirely to the copyholders, in which their etates are transferred by urrender and admittance, and other matters tranacted relative to their tenures only. The other, of which we now peak, is a court of common law, and it is the court of the barons, by which name the freeholders were ometimes antiently called; for that it is held before the freeholders who owe uit and ervice to the manor, the teward being rather the regitrar than the judge. Thee courts, though in their nature ditinct, are frequently confounded together. The court we are now conidering, viz. the freeholders' court, was compoed of the lords tenants, who were the pares of each other, and were bound by their feodal tenure to ait their lord in the dipenation of dometic jutice. This was formerly held every three weeks; and it's mot important buines is to determine, by writ of right, all controveries relating to the right of lands within the manor. It may alo hold plea of any peronal actions, of debt, trepas on the cae, or the like, where the debt or damages do not amount to forty

g Stat. l7 Edw. IV. c. 2. h Cro. Eliz. 773. i Co. Litt. 58. k Book II. ch. 4. ch. 6. and ch. 22. Rh