THEOFFICEOFBAILIFF OF A LIBERTY.BOOK I.Of aFranchiseorLiberty[15].CHAPTER I.OF FRANCHISES IN GENERAL.Royal privilege.Forfeiture.A franchiseis a royal privilege in the hands of a subject; and is forfeited by misusing it.Finch, 164.Record.If a franchise be of record in any court of the King it is sufficient.27 H. 6. 9.Quo warranto.Allowance of franchises inQuo warrantoor in Eyre shall conclude the King, for this is the suit of the Kingto try franchise;contraof allowance in the Common Bench or other court.10 H. 7. 13.Br. Fraunches & Liberties, 40.General statute.Franchise bound by general statute,tamwithinquamwithout 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 Kingspro 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 theHabeas CorpustoB. R.with a claim of their franchise.1 Salk.343.Magna Charta.ByMag. 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 franchiseswhich 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,voceLiberties.[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 ofRetorna 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]VideCo. Lit.115. and the case of the King against Pugh.Douglas179.[17]Published by Prynne under the name of Sir Robert Cotton, but said to have been actually compiled by William Bowyer, keeper of the records in the Tower in the time of Queen Elizabeth.
THEOFFICEOFBAILIFF OF A LIBERTY.
THEOFFICEOFBAILIFF OF A LIBERTY.
Royal privilege.Forfeiture.
A franchiseis a royal privilege in the hands of a subject; and is forfeited by misusing it.Finch, 164.
Record.
If a franchise be of record in any court of the King it is sufficient.27 H. 6. 9.
Quo warranto.
Allowance of franchises inQuo warrantoor in Eyre shall conclude the King, for this is the suit of the Kingto try franchise;contraof allowance in the Common Bench or other court.10 H. 7. 13.Br. Fraunches & Liberties, 40.
General statute.
Franchise bound by general statute,tamwithinquamwithout 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 Kingspro 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 theHabeas CorpustoB. R.with a claim of their franchise.1 Salk.343.
Magna Charta.
ByMag. 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 franchiseswhich 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,voceLiberties.
[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 ofRetorna 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]VideCo. Lit.115. and the case of the King against Pugh.Douglas179.[17]Published by Prynne under the name of Sir Robert Cotton, but said to have been actually compiled by William Bowyer, keeper of the records in the Tower in the time of Queen Elizabeth.
[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 ofRetorna 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]VideCo. Lit.115. and the case of the King against Pugh.Douglas179.
[17]Published by Prynne under the name of Sir Robert Cotton, but said to have been actually compiled by William Bowyer, keeper of the records in the Tower in the time of Queen Elizabeth.