44 ON THE INFLtTENCE OF FEUDALISM. 



"We will now glance at our Courts of Law and endeavour to ascertain 

 liow far either in their original constitution, or their present practice, 

 they exhibit any memorials of the feudal system. 



The most inferior court in the kingdom is now the Court Baron, 

 (annexed to every manor) which in its name imports the authority 

 by which it is holden ; namely, the Court of the Baron or Lord of 

 the Manor. One of the incidents of the system was the right of 

 every baron or military tenant in capite to hold a court within the 

 limits of his fief, for the dispensation of justice between his tenants 

 and the freeholders of the manor ; and in this respect it must be dis- 

 tinguished from another court whereof mention will be made, namely 

 the Customary Court appertaining entirely to copyholders. This 

 court still remains annexed to every freehold manor, and although in 

 many it has fallen into disuse, yet in: others the lord, by his Steward, 

 holds his periodical courts for the settlement of actions under Forty 

 Shillings, triable by a juiy of the lord's tenants or freeholders of the 

 manor. This and the Copyhold Court are the only tribunals of 

 inferior jurisdiction remaining in this country which have been handed 

 down to us direct by our Norman ancestors, almost unimpaired and 

 unaltered in their fonn and proceedings. The origin of the High 

 Court of Chancery, and the three superior Courts of Common Law 

 at Westminster may also be traced to the same source. The supreme , 

 tribimal of the Conqueror was his Aula Regis or Kings Court, 

 where he oftentimes personally presided ; or in his absence, his Chief 

 Justiciar, assisted by the Lord Chancellor, High Steward, Mareschall, 

 the greater Barons of Parliament, and the Barons of the Exctiequer, 

 and other great officers, fonning notm.erely several divisional Courts 

 for the transaction of the particular civil or criminal business in their 

 respective vocations, but also a High Court of law and equity in 

 matters of moment, and a supreme court of appeal from its several 

 sections and all inferior tribunals. The immense power of the chief 

 Justiciary (the 2nd person in the realm) and other state reasons re- 

 quired the abolition of this court, and the division of its labour 

 amongst others composed of the several judges of the former one, 

 according to their respective duties therein. This was efl'ected by 

 Edward the first who raised out of the ruins of the Aula Regia 



