The Office of Bailiff of a Liberty

by Joseph Ritson

Franchise bound by general statute, tam within quam without the franchise. 19 H. 6. 1.

Franchise or other special liberty or privilege shall not be defeated by general statute. 19 H. 6. 64.[16]

Prisons.

Albeit divers lords of liberties have custody of the prisons and some in fee, yet the prison itself is the Kings pro bono publico; and therefore it is to be repaired at the common charge; for no subject can have the prison itself. 2 Inst. 589.

None can claim a prison as a franchise, unless they have also a jail-delivery of felony, which the dean and chapter of Westminster hath not, and therefore ought to send a calendar of 'prisoners' to Newgate, or return the Habeas Corpus to B. R. with a claim of their franchise. 1 Salk. 343.

Magna Charta.

By Mag. Char. c. 38., are saved to all archbishops, &c. earls, barons, and all others, all liberties and free customs which they had enjoyed before.

In the preamble to many of the old statutes it is stipulated that all the lords spiritual and temporal, and the other lieges of the King having liberties and franchises, shall have and enjoy all their liberties and franchises which they have of the grant of the Kings progenitors and of his own grant and confirmation. This is the constant preface to the petition rolls to which the King always answers "Le Roy le voet." Rot. Parl. passim. And that all persons and corporations may fully enjoy their liberties, [and] franchises, [was] one prime cause of calling parliaments, and so declared, and the conservation of them one chief petition of the commons when violated. Abridgement of the Records[17]. Table, voce Liberties.

[15] Note, that these words are in this work used in two different senses, but both equally common: viz. 1. for the privilege itself, as the franchise or liberty of Retorna Brevium: 2. for the manor or territory in or over which that privilege is exercised, as the Liberty or Franchise of the Savoy. There will seldom, if ever, be any confusion or obscurity on this account.

[16] Vide Co. Lit. 115. and the case of the King against Pugh. Douglas 179.