cognizance of all matters that can poſſibly ariſe within the precinct of that fair or market; and the plaintiff muſt make oath that the cauſe of an action aroſe there[1]. From this court a writ of error lies, in the nature of an appeal, to the courts at Weſtminſter[2]. The reaſon of it's inſtitution ſeems to have been, to do juſtice expeditiouſly among the variety of perſons, that reſort from diſtant places to a fair or market: ſince it is probable that no other inferior court might be able to ſerve it's proceſs, or execute it's judgements, on both or perhaps either of the parties; and therefore, unleſs this court had been created, the complaint muſt: neceſſarily have reſorted even in the firſt inſtance to ſome ſuperior judicature.
II. The court-baron is a court incident to every manor in the kingdom, and was holden by the ſteward within the ſaid manor. This court-baron is of two natures[3]: the one is a cuſtomary court, of which we formerly ſpoke[4], appertaining entirely to the copyholders, in which their eſtates are transferred by ſurrender and admittance, and other matters tranſacted relative to their tenures only. The other, of which we now ſpeak, is a court of common law, and it is the court of the barons, by which name the freeholders were ſometimes antiently called; for that it is held before the freeholders who owe ſuit and ſervice to the manor, the ſteward being rather the regiſtrar than the judge. Theſe courts, though in their nature diſtinct, are frequently confounded together. The court we are now conſidering, viz. the freeholders' court, was compoſed of the lords tenants, who were the pares of each other, and were bound by their feodal tenure to aſſiſt their lord in the diſpenſation of domeſtic juſtice. This was formerly held every three weeks; and it's moſt important buſineſs is to determine, by writ of right, all controverſies relating to the right of lands within the manor. It may alſo hold plea of any perſonal actions, of debt, treſpaſs on the caſe, or the like, where the debt or damages do not amount to forty ſhil-
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.
