Jurisdiction in Liberties Act 1535
| Year | 1535 |
(27 Hen. 8) C A P. XXIV.
'WH E R E divers of the most ancient Prerogatives and Authorities of Justice, appertaining to the Imperial Crown of this Realm, have been severed and taken from the same by sundry Gifts of the King's most noble Progenitors, Kings of this Realm, to the great Diminution and Detriment of the Royal Estate of the same, and to the Hindrance and great Delay of Justice;' (2) for Reformation whereof, be it enacted by Authority of this present Parliament, That no Person or Persons, of what Estate or Degreesoever they be, from the first Day ofJuly , which shall be in the Year of our Lord God 1536, shall have any Power or Authority to pardon or remit any Treasons, Murthers, Manslaughters, or any Kinds of Felonies, whatsoever they be; (3) nor any Accessaries to any Treasons, Murthers, Manslaughters or Felonies; (4) or any Outlawries for any such Offences afore rehearsed, committed, perpetrated, done or divulged, or hereafter to be committed, done or divulged, by or against any Person or Persons in any Part of this Realm,Wales , or to the Marches of the same; (5) but that the King's Highness, his Heirs and Successors, Kings of this Realm, shall have the whole and sole Power and Authority thereof united and knit to the Imperial Crown of this Realm, as of good Right and Equity it appertaineth; any Grants, Usages, Prescription, Act or Acts of Parliament, or any other Thing to the contrary hereof notwithstanding.
II No Person shall make Justices but the King.
II. And be it also enacted by Authority aforesaid, That no Person or Persons, of what Estate, Degree or Condition soever they be, from the said first Day ofJuly , shall have any Power or Authority to make any Justicesof Eyre, Justices of Assise, Justices of Peace, or Justices of Gaol-delivery; (2) but that all such Officers and Ministers shall be made by Letters Patents under the King's Great Seal, in the Name and by Authority of the King's Highness and his Heirs, Kings of this Realm, in all Shires, Counties, Counties Palatine, and other Places of this Realm,Wales , and the Marches of the same, or in any other his Dominions, at their Pleasure and Wills, in such Manner and Form as Justices of Eyre, Justices of Assise, Justices of Peace, and Justices of Gaol-delivery, be commonly made in every Shire of this Realm; any Grants, Usages, Prescriptions, Allowances, Act or Acts of Parliament, or any other Thing or Things to the contrary thereof notwithstanding.
III All Writs, &c. in a County Palatine shall be made in the King's Name.
III. And be it further enacted by Authority of this present Parliament, That all original Writs and judicial Writs, and all manner of Indictments of Treason, Felony and Trespass, and all manner of Process to be made upon the same, in every County Palatine, and other Liberty within this Realm ofEngland , Wales , and Marches of the same, shall from the said first Day of July be made only in the Name of our said Sovereign Lordthe King, and his Heirs Kings ofEngland ; (2) and that every Person or Persons having such County Palatine, or any other such Liberty to make such Originals, Judicials or other Process of Justice, shall make the Teste in the said original Writs and Judicial, in the Name of that same Person or Persons that have such County Palatine or Liberty.
IV. And that in every Writ and Indictment that shall be made within any such County Palatine or Liberty, after the said first Day ofJuly next coming, whereby it shall be supposed any Thing to be done against the King's Peace, shall be made and supposed to be done only against the King's Peace, his Heirs and Successors, and not against the Peace of any other Person or Persons whatsoever they be; any Act of Parliament, Grant, Custom, Usage or Allowance in Eyre before this Time had, granted or used, to the contrary notwithstanding.
V Justices assigned within the County Palatine of Lancaster.
V. Provided always, That Justices of Assise, Justices of Gaol-delivery, and Justices of Peace, to be made and assigned by the King's Highness within the County Palatine ofLancaster , shall be made and ordained by Commission under the King's usual Seal of Lancaster , in Manner and Form as hath been accustomed; any Thing in this Act to the contrary thereof notwithstanding.
VI Towns corporate which have Justices.
VI. Provided also, That all Cities, Boroughs, and Towns corporate within this Realm, which have Liberty, Power and Authority to have Justices of Peace, or Justices of Gaol-delivery, shall still have and enjoy their Liberties and Authorities in that Behalf, after such like Manner as they have been accustomed, without any Alteration by Occasion of this Act; any Thing in this Act, or in any Article therein contained to the contrary thereof notwithstanding.
VII Bailiffs and Officers of Liberties shall attend upon the Justices as they have done.
VII. And it is ordained by Authority aforesaid, That all Stewards, Bailiffs, and other Ministers of any Liberties or Franchises, which in Times past have used, or ought to attend upon the Justices of Assise, Justices of Gaol-delivery, and Justices of the Peace at large in any County, shall be attendant to the Justices of Assise, Justices of Gaol-delivery, and Justices of Peace of the same Shires wherein such Liberties and Franchises be, and make due Execution of all Process to them to be directed, for Ministration of Justice within such Liberties or Franchises; (2) and that also all such Bailiffs, or their Deputies or Deputy, shall give their Attendance and Assistance upon the Sheriff, together with the Sheriffs Bailiffs...
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