136 History of the English Landed Interest. 



self ill his lord's seat of justice, tliat tlie baronial liall is full of 

 litigants and offenders, and that the sworn bailiff is ready with 

 his counts. The first case is some offence against the franchise 

 of the lord ; some breach, say of the assizes of bread and beer, 

 or some trespass of close, or some chasing of beasts in the 

 seignorial park, or some toll subtracted from the lord's mill. 

 Let us suppose that it is a case of the first description. The 

 bailiff explains the charge, and the steward addresses the 

 offender in courteous terms : " Fair friend," says he, " hast 

 heard that which the bailiff hath counted against thee ? " On 

 a reply in the affirmative, the prisoner is bidden to answer in 

 God's name. According to the formal language of the age. he 

 or his pleader does so as follows : " Tort and force, and the 

 damages of the lord and of his good folk to the amount of IOC)*", 

 and the shame of 40.§. and every penny thereof, and all that he 

 surmiseth against him, and all that is against the ordinance 

 and general constitution of the realm, and the statutes of the 

 lord and his franchise defendeth "William, or John, or Richard" 

 (whatever his name may be), '' who is here against the bailiff 

 Robert by name, and against his suit and all that he surmiseth 

 against him, and well he showeth thee that right fully and 

 loyally hath he performed the assize according to market 

 ]^ rices since the feast of St. Michael until this hour ; and that 

 this is the truth we are ready to aver in such manner as this 

 court shall award that aver we ought." Plaint and answer 

 thus made, the steward replies, " Fair friend," says he, " this 

 court awardeth that thou be at law six-handed to acquit thyself 

 that thou hast not since the feast of St. Michael broken the 

 assize, in such wise as the bailiff here present counteth against 

 thee." This judgment implies, in other words, that the de- 

 fendant must produce by a given elate a certain number of 

 compurgators, varying according to his social standing, who 

 will be required to make oath as to his innocence. Sometimes 

 a dies amoris is granted in order that the parties may have 

 an opportunity of coming to some amicable arrangement before 

 the next hearing of the case. 



When an end is at length made of the charges and defences 

 in the court baron, the steward proceeds to inquire into such 



