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The Office of Bailiff of a Liberty

Joseph Ritson

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Book Excerpt: 
. . .hise 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 . . . Read More