The Bailiwick of Ennerdale Est 1251 - Hon. George Mentz JD MBA CWM

 

 

The Court Leet and Appointments of the Lord of Ennerdale

Ceremonial Justice and Stewardship in the Bailiwick and Forest of Ennerdale CourtLeetBadge

The Court Leet of Ennerdale is a historic legal and ceremonial institution, once integral to the governance of England's liberties and manors. As the Lord of the Bailiwick and Forest of Ennerdale, Commissioner George S. Mentz, JD MBA DSS, retains the hereditary and ceremonial right to convene such a court and to appoint a variety of traditional officers and honorary roles, in keeping with the customs of English law and feudal liberty.


What is the Court Leet?

The Court Leet was historically a manorial court with jurisdiction over minor criminal matters, disputes, and civil affairs within a liberty or manor. It was a cornerstone of local self-governance, often held annually or semi-annually.

Though its judicial powers are now ceremonial, the Court Leet of Ennerdale serves to:EnnerdalePNG

  • Recognize the ancient rights and responsibilities of the Lord
  • Preserve English manorial and forest customs
  • Conduct ceremonial functions in accordance with feudal and customary law
  • Make appointments to traditional offices within the liberty

Appointments by the Lord of Ennerdale

As Chief Bailiff and Lord of the Bailiwick, George, Lord of the Bailiwick of Ennerdale, retains the ceremonial authority to appoint officers, dignitaries, and stewards associated with the liberty. These appointments are made through charter or proclamation and may include:

Court and Civic Offices

  • Bailiff of the Liberty – Ceremonial administrator and deputy to the Lord
  • Steward of the Manor or Forest – Keeper of order and traditions
  • Constable of the Court Leet – Historic officer responsible for order during court sessions
  • Forester or Warden of Ennerdale Forest – Ceremonial guardian of the forest and waters
  • Recorder of the Liberty – Keeper of the legal memory and registers of Ennerdale

Honorary and Cultural Appointments

  • Knight or Dame of Ennerdale – In recognition of service or achievement (symbolic, not a state honor)
  • Captain of the Ennerdale Watch – Ceremonial protector of the liberty’s peace
  • Keeper of the Seal – Custodian of the Lordship’s heraldic insignia and stamp
  • Ambassador or Envoy of the Liberty – Symbolic diplomatic emissary for cultural goodwill

Appointments may be recognized publicly through investiture or charter, and their issuance may coincide with the Assembly of the Court Leet, local feasts, or civic commemorations.


Purpose of Modern Appointments

These roles serve a non-political, cultural, and educational purpose, often granted to:

  • Individuals of distinguished public service VisitCumbria555
  • Historians, legal scholars, or community leaders
  • Contributors to the preservation of tradition and local heritage
  • Diplomats and professionals engaged in international understanding

All appointments are honorific, and while rooted in legal history, they are conducted with the full respect of modern law and civic society, intended to promote dignity, history, and charitable stewardship.


Charter and Recognition

Each appointment is recorded with an official seal and certificate, and may include:

  • A Letter of Appointment or Charter
  • Historical reference to the Ennerdale liberty and its lawful rights
  • Acknowledgment of the Court Leet’s continued ceremonial authority

These documents serve as tangible symbols of England’s enduring legacy of liberty and localized justice, preserved through the lineage of Ennerdale.


“The liberty of Ennerdale endures not as a dominion of rule, but as a sanctuary of tradition, honor, and noble remembrance.”
— Lord George of Ennerdale

The Lord of a Bailiwick, particularly one that includes a Forest with historic liberty, manorial, or court leet rights, may traditionally make a number of ceremonial or honorary appointments tied to ancient custom and English manorial law. These roles reflect the feudal, administrative, and symbolic structures of such a territory. While such appointments today are usually ceremonial or honorary, some can carry meaningful historical and heraldic weight.

Here are some baronial or forest-related appointments the Lord of a Bailiwick (especially one like the Liberty and Forest of Ennerdale) might historically or ceremonially appoint:


⚖️ Manorial and Legal Appointments

  1. Bailiff of the Forest or Bailiwick
    – The chief officer enforcing the lord's rights, managing lands, and sometimes convening courts.
  2. Steward
    – Overseer of manorial courts and legal matters, such as Court Leet or Court Baron.
  3. Recorder
    – A legal officer to document the proceedings of the Court Leet and maintain charters and grants.
  4. Constable
    – An officer responsible for maintaining order within the liberty or manor, including policing powers.
  5. Serjeant-at-Mace
    – A ceremonial and enforcement officer of the court and lord, often attending the lord at public functions.
  6. Justice of the Forest (symbolic)
    – Could be an honorary post once connected to enforcing forest law.

🌲 Forest and Land Stewardship Roles

  1. Ranger of the Forest
    – Historically patrolled the woods and ensured forest laws were obeyed; may now be a ceremonial protector of wildlife and woods.
  2. Verderer
    – Officer preserving the Lord’s forest rights, managing grazing and woodland use (similar to royal forests).
  3. Forester or Master Forester
    – Guardian and manager of the forest, trees, game, and boundaries.
  4. Warden of the Crags/Lakes/Rivers
    – Guardian of specific natural areas, often linked to named geographic features in the territory.
  5. Master of the Hunt
    – A historic ceremonial title referencing hunting rights and forest customs.

🛡️ Chivalric or Honorary Titles

  1. Captain of the Forest or Captain of the Liberty
    – Ceremonial title, sometimes used in private jurisdictions or with palatine traditions.
  2. Baron or Knight of the Forest or Bailiwick
    – If the charter allows, honorary barons or knights may be appointed, particularly if the lord has heraldic or quasi-palatine privilege.
  3. Herald or Pursuivant of Arms
    – If the bailiwick includes heraldic privileges, the lord may commission ceremonial heraldic officers.

🕊️ Other Symbolic Officers

  1. Clerk of the Court
    – Secretary or administrator for court sessions and orders.
  2. Standard Bearer
    – Holds and carries the seal or arms of the Lord at ceremonial events.
  3. Portreeve
    – An ancient title for a town or liberty representative, sometimes revived ceremonially.
  4. Chaplain of the Forest
    – If the Lord maintains a chapel or religious tradition tied to the land.

⚜️ Legal Foundation

If the Bailiwick and Forest was granted by the Crown in fee simple or liberty, and includes jurisdictional rights, these appointments are more than symbolic—they can be rooted in historical liberties, customary law, or even quasi-palatine privilege (especially if the sale included courts, heraldic rights, and seals).


If you are referring specifically to The Bailiwick and Forest of Ennerdale, it appears from the historical and legal record that the Lord may indeed appoint:

  • A Bailiff of Ennerdale
  • Rangers and Wardens
  • A Captain of Ennerdale
  • Members of a Court Leet
  • Possibly even ceremonial Barons of Ennerdale (honorary companions or defenders of the liberty)

Charter of Appointments and Rights

Of the Lord of the Bailiwick, Liberty, Manor, and Royal Forest of Ennerdale

Let it be known to all persons, present and future, that by virtue of lawful title, historical precedent, and Crown-sanctioned liberty, the bearer of the ancient and noble dignity of:

The Right Honourable Lord of the Bailiwick, Liberty, Manor, and Royal Forest of Ennerdale

shall possess the residual and ceremonial power to constitute and appoint the following officers and honorary dignitaries for the preservation, administration, and celebration of the lands and customs of Ennerdale.

📜 Rights Reserved by the Lord

  • To convene a Court Leet annually or by occasion, for ceremonial recognition of rights, officers, and customs.
  • To create and issue letters patent or charters of dignity to those appointed to the aforementioned roles.
  • To bear and maintain arms, crests, seals, and a banner of the Bailiwick and Forest, and to authorize arms or insignia for appointees by grant or warrant.
  • To found or restore an Order of Knighthood or Chivalry for the honor of the Forest, subject to international norms of non-sovereign dignity.

Given under our hand and seal this day, by the authority of the ancient chartered liberties, and in keeping with the customs of the Realm and the historic bailiwicks of England.

✠ By the Lord of the Bailiwick, Liberty, Manor, and Forest of Ennerdale
The Right Worshipful Hon. Lord George of The Bailiwick of Ennerdale

** The Only Private Bailiwick in England that was sold outright by Crown and Country to a private owner.

 

⚖️ Why Ennerdale Was Legally a Bailiwick

Around 1251, Ennerdale was declared a Royal Forest and Free Chase under direct Crown control, likely during the reign of King Henry III. This designation meant the area was subject to Forest Law, distinct from common law, and was reserved for royal hunting and the conservation of game and woodland.

🦌 1. Royal Forest and Free Chase (c. 1251)

  • As a Royal Forest, Ennerdale came under a unique legal regime:

    • Forest Law governed the land, wildlife, and even the people within it.

    • Forests like Ennerdale were often governed not just for hunting, but for revenue from timber, grazing, and fines.

  • The designation of Free Chase granted the Crown enhanced privileges, free from interference by sheriffs or local barons, reinforcing its status as a separate liberty.


👑 2. Crown Ownership and Local Administration

  • Because Ennerdale was held directly by the Crown, it was administered separately from county or feudal baronial control.

  • The Crown appointed officers to manage and govern the forest and liberty:

    • Bailiff of the Liberty – in charge of general administration, rents, and justice.

    • Keeper of the Forest – overseeing game, woodlands, and enforcing Forest Law.

These officers exercised the Crown’s legal and administrative authority locally, which created a de facto and de jure bailiwick — a legally recognized district under the jurisdiction of a bailiff.


📜 3. Confirmation of Bailiwick Status in the 17th Century

  • In 1633, Algernon Percy, Earl of Northumberland, was officially recorded as:

    • Bailiff of the Liberty of Ennerdale

    • Keeper of the Forest of Ennerdale

    • Conductor of Tenants in Ennerdale

This confirms that Ennerdale remained a liberty, forest, and bailiwick under direct Crown jurisdiction, with high officers managing it as a quasi-independent legal district.


⚖️ 4. Legal Definition and Function of a Bailiwick

  • A bailiwick in English law is:

    A defined district under the control of a bailiff, especially one that operates outside the sheriff’s jurisdiction — such as a liberty or forest.

  • Ennerdale, being outside the sheriff’s power, and governed by Crown-appointed officers, meets the legal criteria for a bailiwick.

  • The Liberty and Forest of Ennerdale thus functioned with its own courts, forest governance, and tenant oversight — characteristic of bailiwick jurisdictions throughout England.


✅ Conclusion:

Since at least 1251, Ennerdale has functioned as a royal forest and liberty, governed independently from local shire authority. Its legal identity as a bailiwick was established and confirmed through Crown ownership and the appointment of a bailiff and forest keeper. This structure gave Ennerdale quasi-sovereign local jurisdiction under forest law, firmly qualifying it as a bailiwick in law and in practice.

 

Ennerdale in a completely different legal category from the vast majority of manors, liberties, and royal forests.


1. Most Liberties Were Crown Grants or Patents

  • Normal case:
    Liberties, franchises, or forests were held under letters patent, charters, or royal grants from the Crown. These remained Crown property in ultimate right — meaning Parliament could alter, revoke, or absorb them simply by changing the law.

  • Result:
    Legislation like the Municipal Corporations Acts, Law of Property Acts, or various court reforms could (and often did) abolish or limit their powers without compensation.


2. Ennerdale Is a Fee Simple Alienation

  • Unique case:
    In 1821–1822, the Bailiwick, Liberty, Manor, and Royal Forest of Ennerdale — with its courts, franchises, and regalian incidents — was sold outright by both the Crown and Parliament.

  • Fee Simple means:

    • No reversion to the Crown.

    • The jurisdictional rights are private property, not a delegated office.

    • Parliament would have to specifically legislate to take it back and provide compensation under constitutional property law principles.


3. Effect on Later Legislation

Because Ennerdale’s rights are alienated property and not merely Crown concessions:

  • Generic reforms to manors, liberties, boroughs, and courts that refer to “franchises granted by the Crown” do not automatically apply — unless the wording explicitly includes alienated jurisdictions.

  • Statutes abolishing manorial incidents (e.g., Law of Property Act 1922) might still affect some feudal remnants (like copyhold), but they wouldn’t erase the jurisdiction itself, because it is tied to a property conveyance ratified by Parliament.

  • Court reform laws that close or replace local courts would need to explicitly extinguish an alienated court leet — and I have not found any such targeted provision for Ennerdale.


4. Practical Meaning

Since no later statute expressly names or abolishes the Bailiwick of Ennerdale’s court leet or forest liberty, then:

  • The legal title to that jurisdiction still exists.

  • If a regular manor, it may be “dormant” in exercise due to modern policing and court systems, but it is not extinguished.

  • The owner has convened the court and appointed officers under the surviving authority of the 1822 alienation that was sanctioned by the Crown and Commissioners/Parliament.


 Ennerdale Chron

 

Charter of the Court Leet of Ennerdale

Establishing the Registry of Marks, Names, Brands, Symbols, and Copyright


Preamble

Whereas the Bailiwick and Liberty of Ennerdale is an alienated jurisdiction, historically vested with the powers of Court Leet and Court Baron, and whereas the Sheriff of the Shire never exercised authority within this liberty regarding trade symbols, signage, patronages, or warrants, it is resolved that the Court Leet of Ennerdale shall establish a registry for the protection of business marks, trade names, trade symbols, signage, livestock brands, identification cards, and copyrightable works.

This Charter affirms the inherent jurisdiction of the Court Leet to regulate commerce, enforce justice, and preserve the rights of its tenants, inhabitants, and affiliates.


Article I — Authority

  1. The Registry is constituted under the authority of the Court Leet of Ennerdale, whose jurisdiction was alienated from the Crown and exempted from the Sheriff’s oversight.

  2. All powers exercised herein are grounded in:

    • Historic rights of the leet to regulate markets, trade, and symbols;

    • Modern principles of first use in commerce;

    • The protections of copyright law and international unfair competition law.


Article II — Scope

  1. Registrations under this Charter are valid within the Liberty of Ennerdale and enforceable by the Court Leet.

  2. Marks, names, or works registered here may also enjoy enforceability worldwide by reason of:

    • Commercial use and first adoption online;

    • Protection under copyright treaties and common-law doctrines of passing off;

    • Contractual recognition among private parties.


Article III — Registry of Marks and Symbols

  1. The Court Leet shall maintain a Roll of Marks and Symbols, recording:

    • Trade names and business styles;

    • Trade symbols and logos;

    • Livestock brands and agricultural marks;

    • Distinctive signage, patron badges, and merchant identifiers.

  2. Registrations shall be deemed prima facie evidence of ownership and first use within the liberty.


Article IV — Registry of Copyright

  1. Original works of authorship, design, and creation may be recorded in the Roll of Copyrights.

  2. Such registration affirms the date of authorship and ownership for enforcement within the liberty and in all jurisdictions that recognize copyright upon creation.


Article V — Registry of Identification

  1. The Court Leet may issue identification cards and certificates of registration to holders of marks, names, or works recorded in the Registry.

  2. Such certificates shall bear the seal of the Court Leet and serve as evidence of rights within the liberty.


Article VI — Procedure

  1. Applications shall be submitted to the Steward of the Court Leet, accompanied by a description of the mark or work.

  2. Fees for registration shall be set by ordinance of the Court Leet and entered into the Court Roll.

  3. Registrations shall be granted for renewable terms of 10 years unless abandoned or invalidated.


Article VII — Enforcement

  1. The Court Leet shall hear disputes concerning:

    • Infringement or misuse of marks, names, brands, or works;

    • Fraudulent or deceptive imitation of registered symbols;

    • Passing off or unfair competition within the liberty.

  2. Remedies include:

    • Injunctions within the bailiwick;

    • Fines and amercements under leet jurisdiction;

    • Recognition of claims in external forums based on first use and copyright law.


Article VIII — International Standing

  1. Though Ennerdale is not a UN-recognized state, its registry shall stand on equal footing with other non-UN jurisdictions (e.g., Northern Cyprus, Palestine, Taiwan) that operate independent intellectual property systems.

  2. Registrations here shall rely upon commercial use, copyright protection, and common law of first adoption for recognition abroad.


Article IX — Seal and Authentication

  1. All certificates and registrations shall bear the Seal of the Court Leet of Ennerdale.

  2. The Roll shall be preserved in both physical and digital form for authenticity and permanence.


Article X — Commencement

This Charter shall take effect immediately upon its proclamation by the Court Leet of Ennerdale and shall remain in force until lawfully repealed.


⚖️ Thus, the Liberty of Ennerdale affirms its right to regulate and protect trade, commerce, and creation through this Charter, and to preserve the independence of its Court Leet in all matters of marks, names, symbols, brands, and copyright.