unless he resides in the parish or place for which he is to serve; and his occupancy is determined by his sleeping there; for merely having a shop or other place of business in the parish, where he may be occasionally employed at night, is not sufficient to render him liable (Burn's Justice).

CHAPTER VIII.

OF THE AFFEEROR.

word.

THE word affeer has many derivations, but Derivation of the most probable one seems to be that derived from the French word affier, which is the same as affirmare or confirmare, to affirm or confirm, and signifies, in the common law, such as. are appointed upon oath to set the fines on those who have committed faults that are punishable arbitrarily, and have no express penalty pro

vided for them.

In the custom of Normandy, the word affeerer is expressed by the Latin taxare or estimare, to set the value of a thing.

By Magna Charta, 9 Hen. III. c. 14, it is ordained that persons are to be amerced after the manner of the fault; and the amerciaments

(a)

shall be assessed by the oath of honest and lawFisher, 61, see ful men of the vicinage (a).

note. Fine for offence.

(b)

Fisher, 62.

A fine for an offence is a punishment for that offence, by the lord or his steward in the court leet, as a court of record, at their discretion, for such offences as are committed in court, and come within their knowledge and observation; but an amerciament is a punishment of the jurors for offences committed within the manor, but not in the court. offences therefore must be first presented before they can be amerced; and after they are amerced, before they can be recovered they must be affeered (b).

Such

CHAPTER IX.

Court baron.

Homage.

OF THE HOMAGE.

THE Court baron is the peculiar court of the lord of the manor, and is incident to every manor; so that every lord may keep a court baron, though every lord may not keep a court leet.

Of this court, the freeholders or suitors themselves, who are termed the homage, and not the steward as in the court leet, are the judges;

and the steward sits as registrar only; he however acts as judge in matters of law (a).

(a) Fisher, 69.

(b)

The homage need not, as the jury in a court leet, consist of twelve; it will be sufficient if there be two only; but it is absolutely necessary that they be freeholders of the manor (b). Co. Cop. 59. Every copyholder is bound to do suit of Suit of court. court, that is to say, to attend the lord's court, and be of the homage, &c.; and if a copyholder resident within the manor neither appears, nor sends a reasonable excuse, after a general notice in writing, he may be amerced, and, if he should neglect a personal summons, his estate may be forfeited.

The duties of a homager are to inquire into Duties of the rights of the lord of the manor, especially homage. into any that may have accrued to him since the last court, and directing his attention particularly to any advantage the lord could gain by reason of any reliefs payable by the custom of the manor, on death, or otherwise; or by reason of any escheats occasioned by the death of any of the freehold tenants, without leaving heirs inheritable to their lands; or in consequence of any forfeiture, deodands, waifs, estrays, treasure trove, or other manorial franchise.

He is to inquire whether any boundary- Boundaries. stones or landmarks have been removed, any encroachments made upon the wastes of the

Amerciaments.

(c) 2 Scriv. app. 423.

lord, or upon the commonable rights of any tenants, and whether there has been any breach of the lord's pound.

The homage are to set a reasonable amerciament upon any persons who, owing suit and service to the court, have neglected to attend and perform; and they are to inquire into all rights and offences, both of commission and omission, as between lord and tenant or tenant and tenant, and to make their presentments and orders accordingly (c).

CHAPTER X.

Court leet.

Duties of jury.

OF THE JURY.

THE Court leet is accounted the Queen's court, and all persons residing within its jurisdiction, except peers, prelates, and tenants in ancient demesne, owe suit and service to it; and it is the duty of the jury to present and amerce such as make default.

They are to present the names of such officers as, by the custom of the manor, are generally chosen and sworn at the leet, and to present any neglect which any public officer of the leet may have committed.

If any offence was presented at the last Offences. court, and the offending party has not obeyed the terms which were then enjoined, the jury are to certify the same to the court, in order that the amerciament set for it may be levied.

They are to inquire of and present all ob- Bridges, &c. structions of public bridges, ways and paths, the stoppage or diversion of all public watercourses, the removal or destruction of landmarks, and any pound-breaches, the neglect of cleansing pools, or of enclosing stone, marl or other the like pits, or of the separation of bridges or causeways, the laying of dung-soil or other offensive thing on any public highway; and also every other act which may tend to the injury or nuisance of any of the Queen's liege subjects.

If there are not sufficient residents to make a jury, the lord or steward may cause strangers to be of the inquest.