Jurisdiction in Liberties Act 1535

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Jurisdiction in Liberties Act 1535

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]

Quick Facts Long title, Citation ...
Jurisdiction in Liberties Act 1535[1]
Act of Parliament
Thumb
Long titleAn Acte for recontynuyng of certayne liberties and francheses heretofore taken frome the Crowne.[2]
Citation27 Hen. 8. c. 24
Territorial extent England and Wales
Dates
Royal assent14 April 1536
Other legislation
Amended by
Status: Repealed
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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

Summarize
Perspective
More information § SoR, § Ruff ...
Sections of the Jurisdiction in Liberties Act 1535[3][8][9]
§ SoR

[n 1]

§ Ruff

[n 2]

Provision Repealed by[n 3]
11No person shall pardon for treason and felony except the king.Criminal Law Act 1967
22No person shall make justices except the king.Justices of the Peace Act 1949
33Judicial writs and indictments shall be in the name of the king.Courts Act 1971[n 3]
3 (ctd)4Only the king's peace, not anyone else'sCourts Act 1971[n 3]
45Exception for Lancashire, whose county court can continue to use a distinct judicial seal.Justices of the Peace Act 1949
56Exception for ancient boroughs with their own justicesJustices of the Peace Act 1949
67The bailiffs and other officers of a shire can operate within any liberty which is within the shire Sheriffs Act 1887 (50 & 51 Vict. c. 55)
78Exception for ancient boroughs with their own bailiffs or officers Sheriffs Act 1887 (50 & 51 Vict. c. 55)
89Fines levied by bailiffs or officers are due to the king Sheriffs Act 1887 (50 & 51 Vict. c. 55)
910Purveyance allowed within liberties...Statute Law Revision Act 1863
9 (ctd)11...using the same form as elsewhereStatute Law Revision Act 1863
1012When 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]
1113...exception for the City of London's court and clerk
1214Existing statutes applying to sheriffs and bailiffs shall apply to officers of liberties Sheriffs Act 1887 (50 & 51 Vict. c. 55)
1315...except that liberty officers can remain in office for more than one year Sheriffs Act 1887 (50 & 51 Vict. c. 55)
1416Sessions 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]
1517...except that they must take place within the libertyJustices of the Peace Act 1949 (so far as it related to justices of the peace)[n 3]
1618Saving for Sir Thomas Englefield, justice of Cheshire and FlintshireStatute Law Revision Act 1948
1719Exception for ancient boroughs with their own courts
1820Exception that the Bishop of Ely shall be justice of the peace for the Isle of ElyStatute Law Revision Act 1948
1921Exception that the Bishop of Durham and his temporal chancellor shall be justices of the peace for County DurhamJustices of the Peace Act 1968 (for temporal chancellor); Statute Law Revision Act 1948 (for bishop)
2022Exception that the Archbishop of York and his temporal chancellor shall be justices of the peace for HexhamshireStatute Law Revision Act 1948
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Notes
  1. Section numbering in Owen Ruffhead's edition of the Statutes.[8]
  2. 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

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