IL—Constitution of the Court-led.
This court it a court of record, having jurisdiction of such crimes as 'subject the offenders to punishment at common law. The exclusive exercise of criminal jurisdiction being inherent in the kingly office, all criminal matters are denominated pleas of the crown, and the conrts In which such pleas are held are the king's courts, although granted to a subject; for such grant operates merely as an °nth°, ity to the grantee to preside judicially by himself or his steward, end to take the profits of the court to his own use. The authority so exercised under the king'li grant is called a lordship, and the grantee is said to be the lord of the lest. It may be claimed either by a modern grant or by prescription, that is, long established user, from which an ancient grant is presumed. The grantee, whether claiming under a grant still extant or by prescription, is commonly the lord of a manor, and the leet is usually coextensive either with the actual limits of the manor, or with its boundary at some former period. There may however be several leets in one manor, and a lest may be appendant to a town, or to a single house, It is not necessary that the lord of the leet should have a manor, or indeed that he should have any interest in the land or houses over which the leet jurisdiction extends. As the leet was originally granted for the more convenient administration of justice, the lord may be required by writ of mandamus to hold the court. Upon non-user of a lest, the grant is liable to be seised into the hands of the crown, either absolutely as for a forfeiture, or quausque, that is until the defect be amended; the same consequence ensues upon neglect to appoint an able steward and other necessary officers, or to provide instruments of punishment.
Private leets are commonly held, as public leets must be. twice in the year, within a month after Easter, and within a month after Michaelmas, and even the former cannot, unless warranted by ancient usage, be held at any other time except by adjournment. The court appears to have been formerly held in the open air. It should be held
at its accustomed place, though, if sufficient notice be given, it may be held anywhere within the precinct. All persons above the age of twelve years and under sixty (except peers and clergymen, who are exempted by statute, and women and aliens), resiant within the pre cinct for a year and a day, whether masters or servants, owe suit to (that is, personal attendance at) this court, and here they ought to take the oath of allegiance. The suit to the court-leet is said to be real (that is, regal or due to the king), because every one bound to do suit to such court as a resiant, is also bound to take the oath of allegiance unless lie has taken it before. But where a non-resiant is bound by tenure to join with the resiants in making presentments at the court leet, the duty is not suit-real, for he shall not be sworn to his alle giance, &c., at this leet. It is merely suit-service, that is, a suit forming one of the services due from the tenant to his lord in respect of. the tenure. A man who has a house and family in two leete, so as in law to be conversant or commorant in both, must do his suit to the leet where his person is commorant, namely, where his bed lies, but if he occasionally reside in both, he is bound to do suit to each.
III.--.Turisdiction of the Court-led.
The Anglo-Saxon Hnndred Court appears to have had jurisdiction in all causes, civil, criminal, and ecclesiastical ; and also to have had the cognisance and oversight of all the communities of frank-pledges within the hundred, the members of these communities being bound for that purpose to attend at the Hundred Court by themselves or their elected representatives. The jurisdiction of the Hundred Court in ecclesiastical matters was taken away by an ordinance of William the Conqueror, forbidding the attendance of the bishop.
It was the province of the court-leet, as well the public leet of the hundred, as the private leet, to repress all offences against the public peace, and to enforce the removal of all nuisances affecting the public convenience.