Court leet
Encyclopedia
The court leet was a historical court baron
(a manorial
court) of England and Wales
and Ireland
that exercised the "view of frankpledge
" and its attendant police jurisdiction, which was normally restricted to the hundred courts.
exercised or claimed certain jurisdictional
rights over his tenants and bondsmen concerning the administration of his manor
and exercised those rights through his court baron
. However this court
had no power to deal with criminal acts
.
Criminal jurisdiction could, however, be granted to a trusted lord by the Crown
by means of an additional franchise to give him the prerogative rights he owed feudally to the king. The most important of these was the "view of frankpledge
", by which tenants were held responsible for the actions of others within a grouping of ten households. In the later Middle Ages
the lord, when exercising these powers, gained the name of leet which was a jurisdiction of a part of a county, hence the franchise was of court leet.
The quo warranto
proceedings of Edward I
established a sharp distinction between the court baron, exercising strictly manorial
rights, and the court leet, depending for its jurisdiction upon royal franchise. However in many areas it became customary for the two courts to meet together.
, and its duty was not only to view the pledges, which were the freemen's oaths of peacekeeping and good practice in trade, but also to try by jury
, and punish, all crime
s committed within the jurisdiction. The most serious crimes were committed to the King's Justices.
It also developed as a means of proactively ensuring that standards in such matters as sales of food and drink, and agriculture, were adhered to. The Alcester Court Leet contained the following wording:
The court generally sat only a few times each year, sometimes just annually. A matter was introduced into the court by means of a "presentment", from a local man or from the jury itself. Penalties were in the form of fines or imprisonment.
The court leet began to decline in the fourteenth century, being superseded by the more modern county Justices of the Peace
and ultimately magistrate
s' courts, but in many cases courts leet operated until nearly the middle of the nineteenth century as a form of civil administration with a similar role to borough freemen or parish vestrymen.
Court Leets generally had a jury
formed from the freehold
tenants, as bondsmen could not give an oath. The jury's role was similar to that of the doomsmen of the Anglo-Saxons and included electing the officers (other than the Steward
who was appointed by the lord), bringing matters to the attention of the court and deciding on them.
The Officers of Courts Leet could include some or all of the following:
of Laxton
, Nottinghamshire, which was allowed to keep its jurisdiction to administer and settle disputes over the open field system
of farming which still operates in that area.
The Act stated that "Any such court may continue to sit and transact such other business, if any, as was customary for it" and Schedule 4 to the Act specified the business which was to be considered customary, which included the taking of presentments relating to matters of local concern and in some cases the management of common land
.
Court baron
A Court baron is an English or Scottish 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 being its suitors; the other a customary court for the copyholders...
(a manorial
Manor
-Land tenure:*Manor, an estate in land of the mediaeval era in England*Manorialism, a system of land tenure and organization of the rural economy and society in parts of medieval Europe based on the manor*Manor house, the principal house of a manor...
court) of England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
that exercised the "view of frankpledge
Frankpledge
Frankpledge, earlier known as frith-borh , was a system of joint suretyship common in England throughout the Early Middle Ages. The essential characteristic was the compulsory sharing of responsibility among persons connected through kinship, or some other kind of tie such as an oath of fealty to a...
" and its attendant police jurisdiction, which was normally restricted to the hundred courts.
History
At a very early time in medieval England the Lord of the ManorLord of the Manor
The Lordship of a Manor is recognised today in England and Wales as a form of property and one of three elements of a manor that may exist separately or be combined and may be held in moieties...
exercised or claimed certain jurisdictional
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
rights over his tenants and bondsmen concerning the administration of his manor
Manor
-Land tenure:*Manor, an estate in land of the mediaeval era in England*Manorialism, a system of land tenure and organization of the rural economy and society in parts of medieval Europe based on the manor*Manor house, the principal house of a manor...
and exercised those rights through his court baron
Court baron
A Court baron is an English or Scottish 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 being its suitors; the other a customary court for the copyholders...
. However this court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
had no power to deal with criminal acts
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
.
Criminal jurisdiction could, however, be granted to a trusted lord by the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
by means of an additional franchise to give him the prerogative rights he owed feudally to the king. The most important of these was the "view of frankpledge
Frankpledge
Frankpledge, earlier known as frith-borh , was a system of joint suretyship common in England throughout the Early Middle Ages. The essential characteristic was the compulsory sharing of responsibility among persons connected through kinship, or some other kind of tie such as an oath of fealty to a...
", by which tenants were held responsible for the actions of others within a grouping of ten households. In the later Middle Ages
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
the lord, when exercising these powers, gained the name of leet which was a jurisdiction of a part of a county, hence the franchise was of court leet.
The quo warranto
Quo warranto
Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.-History:...
proceedings of Edward I
Edward I of England
Edward I , also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons...
established a sharp distinction between the court baron, exercising strictly manorial
Manor
-Land tenure:*Manor, an estate in land of the mediaeval era in England*Manorialism, a system of land tenure and organization of the rural economy and society in parts of medieval Europe based on the manor*Manor house, the principal house of a manor...
rights, and the court leet, depending for its jurisdiction upon royal franchise. However in many areas it became customary for the two courts to meet together.
Role
The court leet was a court of recordCourt of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
, and its duty was not only to view the pledges, which were the freemen's oaths of peacekeeping and good practice in trade, but also to try by jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
, and punish, all crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
s committed within the jurisdiction. The most serious crimes were committed to the King's Justices.
It also developed as a means of proactively ensuring that standards in such matters as sales of food and drink, and agriculture, were adhered to. The Alcester Court Leet contained the following wording:
"To enquire regularly and periodically into the proper condition of watercourses, roads, paths, and ditches; to guard against all manner of encroachments upon the public rights, whether by unlawful enclosure or otherwise; to preserve landmarks, to keep watch and ward in the town, and overlook the common lands, adjust the rights over them, and restraining in any case their excessive exercise, as in the pasturage of cattle; to guard against the adulteration of food, to inspect weights and measures, to look in general to the morals of the people, and to find a remedy for each social ill and inconvenience. To take cognisance of grosser crimes of assault, arson, burglary, larceny, manslaughter, murder, treason, and every felony at common law".
The court generally sat only a few times each year, sometimes just annually. A matter was introduced into the court by means of a "presentment", from a local man or from the jury itself. Penalties were in the form of fines or imprisonment.
The court leet began to decline in the fourteenth century, being superseded by the more modern county Justices of the Peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
and ultimately magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
s' courts, but in many cases courts leet operated until nearly the middle of the nineteenth century as a form of civil administration with a similar role to borough freemen or parish vestrymen.
The Jury and Officers
Attendance at the Court Leet was often compulsory for those under its jurisdiction and some Courts still levy a nominal fine for non-attendance, 2p for example in the case of Laxton.Court Leets generally had a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
formed from the freehold
Freehold
Freehold may refer to:*Freehold and fee simple: ownership of land and the buildings on such land...
tenants, as bondsmen could not give an oath. The jury's role was similar to that of the doomsmen of the Anglo-Saxons and included electing the officers (other than the Steward
Steward (office)
A steward is an official who is appointed by the legal ruling monarch to represent him or her in a country, and may have a mandate to govern it in his or her name; in the latter case, it roughly corresponds with the position of governor or deputy...
who was appointed by the lord), bringing matters to the attention of the court and deciding on them.
The Officers of Courts Leet could include some or all of the following:
- StewardSteward (office)A steward is an official who is appointed by the legal ruling monarch to represent him or her in a country, and may have a mandate to govern it in his or her name; in the latter case, it roughly corresponds with the position of governor or deputy...
, the chief official of the lord of the manor, and a judge. - BailiffBailiffA bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...
, summonsed the Jury and, if necessary, performed arrests, as well as generally supervising court matters. - ConstableConstableA constable is a person holding a particular office, most commonly in law enforcement. The office of constable can vary significantly in different jurisdictions.-Etymology:...
(Tithingman), to ensure law and order during court sessions. - Ale taster, to ensure the quality of aleAleAle is a type of beer brewed from malted barley using a warm fermentation with a strain of brewers' yeast. The yeast will ferment the beer quickly, giving it a sweet, full bodied and fruity taste...
, and to check that true measures are used. - Carniters or "flesh tasters", to ensure the freshness of meat and poultry.
- Bread Weighers, responsible for verifying the freshness and weight of bread sold in the Manor.
- Affeerers, responsible for assessing amercementAmercementAn amercement is a financial penalty in English law, common during the Middle Ages, imposed either by the court or by peers. The term is of Anglo-Norman origin , and literally means "being at the mercy of": a-merce-ment .While it is often synonymous with a fine, it differs in that a fine is a fixed...
s (setting the level of fines) - Searcher and Sealer of Leather, to ensure the quality of leatherLeatherLeather is a durable and flexible material created via the tanning of putrescible animal rawhide and skin, primarily cattlehide. It can be produced through different manufacturing processes, ranging from cottage industry to heavy industry.-Forms:...
goods. - The HaywardHayward (profession)Hayward, or "hedge warden", was an officer of an English parish dating from the Middle Ages in charge of fences and enclosures; also, a herdsman in charge of cattle and other animals grazing on common land....
, responsible for enclosures and fences on common landCommon landCommon land is land owned collectively or by one person, but over which other people have certain traditional rights, such as to allow their livestock to graze upon it, to collect firewood, or to cut turf for fuel...
. - Surveyor of the Highways or Overseer of Pavements, and Brook Looker, to ensure the proper condition of roads and waterways
- Mace BearerCeremonial maceThe ceremonial mace is a highly ornamented staff of metal or wood, carried before a sovereign or other high official in civic ceremonies by a mace-bearer, intended to represent the official's authority. The mace, as used today, derives from the original mace used as a weapon...
- Town CrierTown crierA town crier, or bellman, is an officer of the court who makes public pronouncements as required by the court . The crier can also be used to make public announcements in the streets...
Role
Courts Leet survived for formal purposes until their legal criminal jurisdiction was abolished in 1977 by section 23 of the Administration of Justice Act 1977. One exception was allowed, namely the Court Leet for the manorManor
-Land tenure:*Manor, an estate in land of the mediaeval era in England*Manorialism, a system of land tenure and organization of the rural economy and society in parts of medieval Europe based on the manor*Manor house, the principal house of a manor...
of Laxton
Laxton, Nottinghamshire
Laxton is a small village in the civil parish of Laxton and Moorhouse in the English county of Nottinghamshire, situated about 25 miles northeast of Nottingham city centre....
, Nottinghamshire, which was allowed to keep its jurisdiction to administer and settle disputes over the open field system
Open field system
The open field system was the prevalent agricultural system in much of Europe from the Middle Ages to as recently as the 20th century in some places, particularly Russia and Iran. Under this system, each manor or village had several very large fields, farmed in strips by individual families...
of farming which still operates in that area.
The Act stated that "Any such court may continue to sit and transact such other business, if any, as was customary for it" and Schedule 4 to the Act specified the business which was to be considered customary, which included the taking of presentments relating to matters of local concern and in some cases the management of common land
Common land
Common land is land owned collectively or by one person, but over which other people have certain traditional rights, such as to allow their livestock to graze upon it, to collect firewood, or to cut turf for fuel...
.
Courts Leet existing today
The following Courts Leet marked with # are known to be still functioning as of 2010. Those exempted from abolition by the Administration of Justice Act 1977 are marked by an *, however there is no indication of how many of the others are still operative:- AlcesterAlcesterAlcester is an old market town of Roman origin at the junction of the River Alne and River Arrow in Warwickshire, England. It is situated approximately west of Stratford-upon-Avon, and 8 miles south of Redditch, close to the Worcestershire border...
(WarwickshireWarwickshireWarwickshire is a landlocked non-metropolitan county in the West Midlands region of England. The county town is Warwick, although the largest town is Nuneaton. The county is famous for being the birthplace of William Shakespeare...
) Court Leet, Court Baron and View of Frankpledge * # - AshburtonAshburton, DevonAshburton is a small town on the edge of Dartmoor in Devon, adjacent to the A38 Devon Expressway.It was formerly important as a stannary town , and remains the largest town within the National Park, with a population of around 3,500...
Courts Leet and Baron * # - BidefordBidefordBideford is a small port town on the estuary of the River Torridge in north Devon, south-west England. It is also the main town of the Torridge local government district.-History:...
Manor Court * # - Court Leet and Court Baron of the Ancient Manor of BowesBowesBowes is a village in County Durham, England. Located in the Pennine hills, it is situated close to Barnard Castle. It is built around the medieval Bowes Castle.-Civic history:...
in County of DurhamDurhamDurham is a city in north east England. It is within the County Durham local government district, and is the county town of the larger ceremonial county...
* # - Ancient Court Leet and Court Baron of the Manor of BromsgroveBromsgroveBromsgrove is a town in Worcestershire, England. The town is about north east of Worcester and south west of Birmingham city centre. It had a population of 29,237 in 2001 with a small ethnic minority and is in Bromsgrove District.- History :Bromsgrove is first documented in the early 9th century...
* # - The BuckleburyBuckleburyBucklebury is a village and civil parish in West Berkshire. The village is about north-east of Newbury and about north of the A4 road. It has a population of 2,066.-Geography:...
Court Baron * - Courts Leet and Baron of Barony of Cemaes in County of DyfedDyfedDyfed is a preserved county of Wales. It was created on 1 April 1974 under the terms of the Local Government Act 1972, and covered approximately the same geographic extent as the ancient Principality of Deheubarth, although excluding the Gower Peninsula and the area west of the River Tawe...
(Pembrokeshire) * # - CliftonCliftonClifton is an English surname, place name or given name. It means "settlement by a cliff" in Old English. It may refer to:-Australia:*Clifton, Queensland, town and Shire south of Toowoomba*Clifton Beach, Queensland...
Courts Leet and Baron and View of Frankpledge * - Manorial Court for Hundred and Borough of CrickladeCrickladeCricklade is a town and civil parish on the River Thames in north Wiltshire in England, midway between Swindon and Cirencester.On 25 September 2011 Cricklade was awarded The Royal Horticultural Society's 'Champion of Champions' award in the Britain in Bloom competition.Cricklade is twinned with...
* # - Croyland View of Frankpledge, Court Leet and Great Court Baron *
- Danby (North Yorkshire)Danby, North YorkshireDanby is a village and civil parish in the Scarborough district of North Yorkshire, England. According to the 2001 UK census, Danby parish had a population of 1,515. Karl Pearson spent a lot of time there....
Court Leet and Court Baron * # - Manor of Dorney with Boveney Court Leet with Court Baron and View of Frankpledge *
- Manor Court of Dunstone (otherwise Blackslade) *
- The Court Baron of East Horndon *
- Courts Leet and Baron of the Manors of Eton-cum-Stockdales in Colenorton *
- Manor of Fyling Court Leet in North Yorkshire Website * #
- Court Leet and Court Baron of the Manor of HatherleighHatherleighHatherleigh is a small market town in west Devon, England.It hosts an arts festival in July, and a carnival in November featuring two flaming tar barrel runs. The Walruses meet on New Year's Day to jump into the River Lew to raise money for local good causes...
# - Court Baron for the Manor of HeatonHeaton, West YorkshireHeaton is a Ward of the City of Bradford, a metropolitan borough of West Yorkshire, England. It includes the villages of Frizinghall, Heaton and Daisy Hill, extending to Chellow Heights reservoir on the western edge and the Bradford-Shipley railway line on the eastern edge...
in City of BradfordBradfordBradford lies at the heart of the City of Bradford, a metropolitan borough of West Yorkshire, in Northern England. It is situated in the foothills of the Pennines, west of Leeds, and northwest of Wakefield. Bradford became a municipal borough in 1847, and received its charter as a city in 1897...
* # - Court Leet and Court Baron of the Manor of Henley-in-ArdenHenley-in-ArdenHenley-in-Arden is a small town in Warwickshire, England. The name is a reference to the former Forest of Arden. In the 2001 census the town had a population of 2,011....
, Warwickshire * # - Holsworthy, DevonHolsworthy, DevonHolsworthy is a market town in the north west of Devon, England. It is situated near the county border with Cornwall, and is 9 miles from the coastal resort of Bude. It is on the intersection of the A388 and A3072 roads, and lies on the River Deer, a tributary of the Tamar...
# - Town and Manor of HungerfordHungerfordHungerford is a market town and civil parish in Berkshire, England, 9 miles west of Newbury. It covers an area of and, according to the 2001 census, has a population of 5,559 .- Geography :...
and the Manor and Liberty of Sanden Fee Hocktide Court and Court Leet * # - Manor of LaxtonLaxton, NottinghamshireLaxton is a small village in the civil parish of Laxton and Moorhouse in the English county of Nottinghamshire, situated about 25 miles northeast of Nottingham city centre....
Court Leet * # - Laugharne #
- The City of LondonCity of LondonThe City of London is a small area within Greater London, England. It is the historic core of London around which the modern conurbation grew and has held city status since time immemorial. The City’s boundaries have remained almost unchanged since the Middle Ages, and it is now only a tiny part of...
Court of HustingHustingA husting originally referred to a physical platform from which representatives presented their views or cast votes before a parliamentary or other election body...
* - Manor of MickleyMickleyMickley is a small hamlet near Prudhoe and Stocksfield in the English county of Northumberland. It lies south of the river Tyne and is accessible via the A695. The neighbouring villages of Mickley Square and High Mickley are usually included under the general name of Mickley. This village once...
Court Leet and Court Baron * - Court Leet and Baron of the Manor of Mynachlogddu, Dyfed * #
- Court Leet of Northleach, Glos.#
- The NorwichNorwichNorwich is a city in England. It is the regional administrative centre and county town of Norfolk. During the 11th century, Norwich was the largest city in England after London, and one of the most important places in the kingdom...
Court of Mayoralty * # - Court Leet of the Island and Royal Manor of PortlandIsle of PortlandThe Isle of Portland is a limestone tied island, long by wide, in the English Channel. Portland is south of the resort of Weymouth, forming the southernmost point of the county of Dorset, England. A tombolo over which runs the A354 road connects it to Chesil Beach and the mainland. Portland and...
* # - SouthamptonSouthamptonSouthampton is the largest city in the county of Hampshire on the south coast of England, and is situated south-west of London and north-west of Portsmouth. Southampton is a major port and the closest city to the New Forest...
Court Leet * # - SouthwarkSouthwarkSouthwark is a district of south London, England, and the administrative headquarters of the London Borough of Southwark. Situated east of Charing Cross, it forms one of the oldest parts of London and fronts the River Thames to the north...
Courts Leet and Views of Frankpledge * # for the three Manors of the City of London, Guildable, King's and Great Liberty. - Manor of SpauntonSpauntonSpaunton is a hamlet and civil parish in the Ryedale district of North Yorkshire, England. It is situated near Lastingham and about north west of Pickering....
Court Leet and Court Baron with View of Frankpledge * - Spitchwick Courts Leet and Baron *
- Courts Leet and Baron of Stockbridge, HampshireStockbridge, HampshireStockbridge is a small town and civil parish in Hampshire, England. It has an acreage of and a population of little under 600 people according to the 2001 census in Hampshire, England. It lies on the River Test, in the Test Valley district and renowned for trout fishing. The A30 road goes through...
* # - Court Leet of the Manor and Borough of WarehamWareham, DorsetWareham is an historic market town and, under the name Wareham Town, a civil parish, in the English county of Dorset. The town is situated on the River Frome eight miles southwest of Poole.-Situation and geography:...
* # - WarwickWarwickWarwick is the county town of Warwickshire, England. The town lies upon the River Avon, south of Coventry and just west of Leamington Spa and Whitnash with which it is conjoined. As of the 2001 United Kingdom census, it had a population of 23,350...
Court Leet * # - Manor of Whitby Laithes Court Leet *
- TauntonTauntonTaunton is the county town of Somerset, England. The town, including its suburbs, had an estimated population of 61,400 in 2001. It is the largest town in the shire county of Somerset....
Court Leet #