If any appear, the steward is to administer the following oath, and then the evidence is to go to the jury. (The Oath of a person offering to give Evidence of Treason, &c.) The evidence you shall give to the inquest now sworn, shall be the truth, the whole truth, and nothing but the truth: So help you God. The steward will then administer the following oath to the several freehold tenants, constituting the homage of the court baron. (Oath of the Foreman.) You, as foreman of this homage, with the rest of your fellows, shall inquire and true presentment make, of all such things as shall be given to you in charge; and of all such other matters as shall come to your knowledge, presentable at this court: you shall present nothing out of hatred or malice, nor conceal any thing through fear, favour, or affection, but in all things shall true and just presentment make, according to the best of your understanding: So help you God. Then swear the rest of the homage, by three or four at a time, thus: The like oath which A. B., your foreman, hath taken on his part, you, and each of you, shall well and truly observe and keep on your respective parts: So help you God. And then the steward will deliver his Charge to the Homage, to the following purport: THAT the court baron is not a court of record, and is altogether different in its character from the court leet. THAT in the latter (which is deemed the King's court) the steward presides as judge, but that in the court baron, which is the lord's court, the homage are the judges; and that the steward (though a constituent part of the court) sits there as register and assessor only. THAT it is their duty, as the homage of the court baron, and pos sessing judicial authority, to inquire of the general rights of the lord of the manor, and more particularly of such as may have accrued subsequently to the then last court, bearing in recollection that such seignioral rights as are referrible to land of customary or copyhold tenure, are not within the jurisdiction of the court baron, but are to be inquired of only in the court denominated the customary court. THAT the attention of the homage is especially to be directed to any possible advantages to the lord, by reason of any reliefs payable by the custom of the manor, on death or otherwise (a); or by reason of any escheats occasioned by the death of any of the freehold tenants, without leaving heirs inheritable to their lands (b); or in consequence of the forfeiture of freehold lands by any felonious act; or of any deodands, estrays, waifs, treasure trove, or other manorial franchises (c). THAT it is also the duty of the homage to inquire whether any boundary stones, or landmarks, between the particular manor and any other manor, or between the lands of any of the free tenants, may have been removed; and whether any encroachments may have been made upon the wastes of the lord, or upon the commonable rights of such tenants; and of any breach of the lord's pound: And whether the several persons who owe suit and service to that court, have duly attended to render and perform the same, or wherein and by whom any default may have been made, and to set a reasonable amercement on any such defaulters (d); and generally to inquire of all rights, and of all offences, both of commission and omission, as between the lord and the freehold tenants of the manor, and as between tenant and tenant, with reference particularly to any existing by-law, established by the custom of the manor (e); and to make their presentments and orders accordingly (ƒ). (a) Ante, pt. 3. p. 738, et seq. (b) Ante, pt. 3. p. 757, et seq. (c) Ante, pt. 3. pp. 773, 777, 781, 787. (d) Ante, pt. 3. pp. 736, 742, et seq. (e) Ante, pt. 3. p. 747 et seq. (f) N. B. The steward is not bound to receive any presentments whereby the rights of the lord may be prejudiced. 1 Vol. Ca. & Opin. 172. It is the better opinion that all the freehold tenants present at a court baron may claim to be put upon the homage. VOL. 11. In Arlett v. Ellis, 7 Barn. & Cress. 368, Bayley J. said The homage are per sons associated together at the lord's 'court (at which all the tenants of the manor may attend) to act as between 'the lord and his tenants.' But it should seem that if the homage obstinately refuse to make such presentments as the nature of their oath requires of them, the steward would be justified in dissolving the court, or in discharging the homage and swearing another, and the latter would be the more desirable U U Whilst the jury of the leet are absent preparing their presentments, the steward may proceed in the business of the court baron. [See PRECEDENT of rolls of court baron, post. (p. 428).] On receiving the presentments from the homage, the steward will administer the following oaths to the Affeerors and the Hayward. (Affeeror's Oath.) You shall well and truly affeer and assess the several amercements now to you remembered, and therein spare no one through fear, favour, course, see 1 Vol. Ca. & Opin. 172-3. The case of The King & Hemingway, 1 Barnardiston K. B. 436, may, I submit, be properly introduced in this note: it is thus reported. 'On rule to shew cause why an information should not be granted against the defendant, as under steward to the Archbishop of York of his manor of Otley in that county, for soliciting a jury at a court baron and customary court holded there to present the dying seised of such a one twenty-three years ago of certain copyhold lands, and then discharging that jury because they would not find this, and swearing another for this particular purpose; who accordingly did find such dying seised; though oath was made upon the former motion, that such finding was false; for the party himself did not die but seventeen years ago; Mr. Fazakerley now said, that he hoped the rule should be discharged. He submitted it, that by law a steward may swear a second jury, when the first jury refuses to find such things, which their oath obliges them to inquire into. But in this case there were two particular reasons for doing it; one, because the foreman in the first jury was a party interested in the question, the other, because the jury, charged with this presentment, consisted of freeholders, as well as copyholders; whereas the law requires that copyholders only shall present the death of copyholders. And this is the peculiar business of the customary court; whereas the freeholders only are the persons concerned in matters relating to the court-baron. And therefore he insisted, that as there were distinct courts kept at this time; there ought to have been distinct juries. The Chief Justice said, he did believe indeed, that according to the antient law, there were always separate juries in these cases; but of late years the practice has been so universal to join them together, that the freeholders must be intended to speak to such things as relate to the court-baron, and the copyholders to such things, as relate to the customary court. Then as to the foreman's being a party interested, he said, there was a now [enough] of the jury without him, and therefore that reason could not be sufficient for changing the jury. However in general, he said, he took it, that it would be a thing of dangerous consequence to allow a steward to solicit a jury to find any thing against their consciences; and upon their refusal to do it, to swear a new jury. Accordingly the court made the rule absolute for granting the information." or affection, nor enhance any one through prejudice, hatred, or malice : So help you God. (Hayward's Oath (a).) You shall well and truly execute the office of Hayward for this manor, until you be thereof discharged according to due course of law. You shall from time to time present all pound breaches, estrays, waifs, and all other matters and things falling within the duties of your office, justly, and without favour or affection: So help you God. I have shown that it is seldom necessary or desirable to administer the oath of fealty to a newly admitted tenant (b). When it is deemed expedient, the following form will serve. (Oath of Fealty.) You swear to become a true and faithful tenant to A. Z. esq. lord of this manor, for the estate to which you have made your acknowledgment of tenure at this court; you shall from time to time bear, pay, and perform all such rents, duties, services, and customs in respect of the same estate as are due and of right accustomed: you shall from time to time be ordered and justified in all things at the lord's court, to be holden in and for this manor, as other the tenants of this manor are, shall, or ought to be; and you shall in all things demean yourself as a faithful tenant ought to do: So help you God. When the leet jury have agreed on their presentments, they are to re-enter the court. And the steward will ask ; Gentlemen,-Have you agreed on your presentments? to which they will reply, yes; and the presentments are then to be handed over by the foreman to the steward, who will say, Gentlemen, do you desire and consent that I should alter any matters of form in your presentments, not altering matters of substance? to which the jury reply, yes. (a) I have placed the Hayward's oath under the head of court baron, as the office appears to be more immediately connected with that court than with a court leet, but the Hayward is frequently sworn at the leet. (b) Ante, pt. 1. p. 429; pt. 3. p. 735. Then the steward will enter the presentments in his minutes, and swear the officers presented by the jury (a), and proceed to the affeerment of the several amercements, and to the general business of the court leet, according to the tenor of the presentments. [See Precedent of roll of court leet, post, p. (449).] (The Bedell or Bailiffs Oath.) You shall well and truly serve our sovereign lord the king and the lord of this leet, in the office of bailiff for the year ensuing, or until you shall be thereof discharged according to due course of law: you shall duly execute all process to be directed unto you from the steward of this court; and diligently and faithfully collect and account for all rents, profits, and revenues, and in all things demean yourself as a true and faithful bailiff ought to do: So help you God. (The Constable's [or Tithing-man's] Oath.) You shall well and truly serve our sovereign lord the king, and the lord of this lect, in the office of constable for the parish [tithing or hamlet] of, for the term of one whole year next ensuing, or until you be thereof discharged according to due course of law: you shall execute all lawful process sent to you, and by hue and cry, or otherwise, use your utmost endeavours to apprehend and secure all felons, riotous, disorderly, and idle persons, and others guilty of a violation of the laws of this realm, and shall in all things faithfully and diligently demean yourself in the aforesaid office: So help you God. (The Aleconner's Oath.) You shall well and truly serve our sovereign lord the king, and the lord of this leet, in the office of aleconner or assizer for the parish [tithing or hamlet] of - for the term of one whole year next ensuing, or until you be thereof discharged according to due course of law you shall present all offences cognizable by this court which may come to your knowledge, without fear, favour, or affection, and in all (a) Ante, p. (420). |