Jurisdiction in Liberties Act 1535

The Jurisdiction in Liberties Act 1535[1]

Long title An Acte for recontynuyng of certayne liberties and francheses heretofore taken frome the Crowne.[2]
Citation 27 Hen 8 c 24
Status: Repealed

The Jurisdiction in Liberties Act 1535 (27 Hen 8 c 24) was an Act of the Parliament of England curtailing the independent jurisdiction of liberties and counties palatine, bringing them more in line with the royal government of the shires.[3][4] It was promoted by Thomas Cromwell.[5] The geographical area of many of the liberties corresponded to monasteries which were to be dissolved. Opposition to the Act was a factor in the Pilgrimage of Grace revolt in Yorkshire in 1536.[4]

The Laws in Wales Act 1535 similarly abolished the Marcher Lordships of Wales. In the Lordship of Ireland, the 1537 Act of Absentees had similarities, extinguishing the palatine privileges of English absentee lords whose undergoverned lands had provided succour to Silken Thomas' 1534 rebellion.[6][7]

Provisions

Sections of the Jurisdiction in Liberties Act 1535[8][9][3]
§ SoR

[n 1]

 § Ruff

[n 2]

 Provision Repealed by[n 3]
1 1 No person shall pardon for treason and felony except the king. Criminal Law Act 1967
2 2 No person shall make justices except the king. Justices of the Peace Act 1949
3 3 Judicial writs and indictments shall be in the name of the king. Courts Act 1971[n 3]
3 (ctd) 4 Only the king's peace, not anyone else's Courts Act 1971[n 3]
4 5 Exception for Lancashire, whose county court can continue to use a distinct judicial seal. Justices of the Peace Act 1949
5 6 Exception for ancient boroughs with their own justices Justices of the Peace Act 1949
6 7 The bailiffs and other officers of a shire can operate within any liberty which is within the shire
7 8 Exception for ancient boroughs with their own bailiffs or officers
8 9 Fines levied by bailiffs or officers are due to the king
9 10 Purveyance allowed within liberties... Statute Law Revision Act 1863
9 (ctd) 11 ...using the same form as elsewhere Statute Law Revision Act 1863
10 12 When the king is in a liberty, only his Verge (Marshalsea Court) and his Clerk of the Market shall act... Statute Law Revision Act 1948 (part related to Clerk of the Market)[n 3]
11 13 ...exception for the City of London's court and clerk
12 14 Existing statutes applying to sheriffs and bailiffs shall apply to officers of liberties
13 15 ...except that liberty officers can remain in office for more than one year
14 16 Sessions of the justice of the peace and gaol delivery shall take the same form within liberties as elsewhere... Justices of the Peace Act 1949 (so far as it related to justices of the peace)[n 3]
15 17 ...except that they must take place within the liberty Justices of the Peace Act 1949 (so far as it related to justices of the peace)[n 3]
16 18 Saving for Sir Thomas Englefield, justice of Cheshire and Flintshire Statute Law Revision Act 1948
17 19 Exception for ancient boroughs with their own courts
18 20 Exception that the Bishop of Ely shall be justice of the peace for the Isle of Ely Statute Law Revision Act 1948
19 21 Exception that the Bishop of Durham and his temporal chancellor shall be justices of the peace for County Durham Justices of the Peace Act 1968 (for temporal chancellor); Statute Law Revision Act 1948 (for bishop)
20 22 Exception that the Archbishop of York and his temporal chancellor shall be justices of the peace for Hexhamshire Statute Law Revision Act 1948
Notes
  1. ↑ Section numbering in revised editions of the Statutes of the Realm.[9]
  2. ↑ Section numbering in Owen Ruffhead's edition of the Statutes.[8]
  3. 1 2 3 4 5 6 The whole act was repealed by the Justices of the Peace Act 1968, except the repeal of section 3 did not affect the form to be taken by the process of any court. The preamble was repealed by the Criminal Law Act 1967 and the words of commencement by the Statute Law Revision Act 1948.

References

  1. ↑ The citation of this Act by this short title was authorised by section 5 of, and Schedule 2 to, the Statute Law Revision Act 1948. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. ↑ These words are printed against this Act in the second column of Schedule 2 to the Statute Law Revision Act 1948, which is headed "Title".
  3. 1 2 Elton, Geoffrey Rudolph (1982-10-07). The Tudor Constitution: Documents and Commentary. Cambridge University Press. pp. 37–39. ISBN 9780521287579. Retrieved 25 May 2015.
  4. 1 2 Wagner, John A.; Schmid, Susan Walters (2012). "Franchises and Liberties". Encyclopedia of Tudor England. ABC-CLIO. pp. 483–4. ISBN 9781598842982. Retrieved 25 May 2015.
  5. ↑ Schwyzer, Philip (2004-10-21). Literature, Nationalism, and Memory in Early Modern England and Wales. Cambridge University Press. p. 57. ISBN 9781139456623. Retrieved 25 May 2015.
  6. ↑ "ACT OF ABSENTEES.". London: National Archives. Retrieved 25 May 2015.
  7. ↑ Nugent, W. F. (1955). "Carlow in the Middle Ages". The Journal of the Royal Society of Antiquaries of Ireland 85 (1): 76, fn.33. Retrieved 25 May 2015. (subscription required (help)).
  8. 1 2 Britain, Great; Evans, William David; Hammond, Anthony; Thomas Colpitts Granger (1836). "No. XXV: 27 Henry VIII. c. 24.—An Act for recontinuing liberties in the Crown.". A Collection of Statutes Connected with the General Administration of the Law: Arranged According to the Order of Subjects, with Notes. W. H. Bond. pp. 21–25. Retrieved 25 May 2015.
  9. 1 2 "27 Henry VIII c.24". Henry III to James II. Revised edition of the statutes 1 (1st ed.). Eyre & Spottiswood. 1870. pp. 463–7, and lxxii.


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