{"id":30,"date":"2021-04-02T19:29:16","date_gmt":"2021-04-02T19:29:16","guid":{"rendered":"http:\/\/legalblog.ie\/?p=30"},"modified":"2021-04-02T19:37:49","modified_gmt":"2021-04-02T19:37:49","slug":"liberties","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/liberties\/","title":{"rendered":"Liberties"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/liberties\/#English_Background\" title=\"English Background\">English Background<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/liberties\/#Liberties_in_Ireland\" title=\"Liberties in Ireland\">Liberties in Ireland<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/liberties\/#Classes_of_Liberties\" title=\"Classes of Liberties\">Classes of Liberties<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/liberties\/#Law_and_Administration_in_the_Liberties\" title=\"Law and Administration in the Liberties\">Law and Administration in the Liberties<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/liberties\/#Seneschal\" title=\"Seneschal\">Seneschal<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/liberties\/#Courts\" title=\"Courts\">Courts<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"English_Background\"><\/span>English Background<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Liberties in England had developed in an attempt to enlist local magnates in the preservation of order by giving them a share of the profits of justice and the dues arising in larger liberties. They were administered by the hundred courts presided over by officials of the local magnates rather than by the royal officials.<\/p>\n<p>After the Norman conquest, feudal lord was given the right to hold court for his tenants in relation to matters arising out of the feudal relationship.\u00a0 Some magnates succeeded in obtaining grants, excluding royal officials both sheriffs and justices from their lands.\u00a0 By the 12th and 13th century, the greater franchises developed these rights into what were later be called palatines. The franchise holders \/ liberties were represented in parliament.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Liberties_in_Ireland\"><\/span>Liberties in Ireland<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There existed in Medieval Ireland a number of liberties and franchises. From the 13th to the 16th century, they effectively, fell out \u00a0of the control of the Crown government in Dublin.\u00a0 They came to be dominated by the Anglo-Irish magnates.\u00a0 They in turn became significantly Gaelicised over the period.<\/p>\n<p>The liberties of Leinster and Ulster were divided into shires for administrative convenience.\u00a0 By the end of the 13th century, many of the modern counties had taken shape. Liberties could be divided on succession to the lordship by a number of co-heirs.<\/p>\n<p>Liberties were held by families and devolved in accordance with the law of succession.\u00a0 Liberties could revert to the Crown.\u00a0 Thy could be held as coparceners \u00a0or by widows.\u00a0 The falling of liberties to the Crown was an important source of revenue and control.\u00a0 In the later medieval periods, the Crown claimed rights to reclaim franchises because of the failure of heirs.<\/p>\n<p>In addition to major franchises, there was a range of minor liberties, with courts of individual lords and communities, which claimed \u00a0franchises of one type or another.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Classes_of_Liberties\"><\/span>Classes of Liberties<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Within the liberties, the Crown&#8217;s rights were significantly more limited.\u00a0 They were limited by \u00a0the terms of the particular liberties, which differed significantly.\u00a0 The extent to which the consent of liberty of the lord was required for particular matters depended on the terms of the grant.\u00a0 This could be significant in terms of reversion of interest and the rights of the Crown relative to the lord generally, within the area concerned.\u00a0 The terms of the charter of the Liberty to the Lord determined the extent to which the crown retained jurisdiction over a particular matter.<\/p>\n<p>The greater liberties were organised along the model of royal administration which then became. Kildare became \u00a0a royal county at the end of the 13th century.\u00a0 Ulster was subdivided into five shires.\u00a0 The Lord is represented by a Stewart which was distinct from the sheriff of the county.\u00a0 The liberty and the county may be coterminous which was generally the case outside of \u00a0Ulster.\u00a0 The Stewart took an oath to the king as well as the Lord of Liberty.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Law_and_Administration_in_the_Liberties\"><\/span>Law and Administration in the Liberties<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The law of the land was applicable within liberties, but must be executed by the lord.\u00a0 The royal writ of error could issue to ensure that this was done. Outside of this, the King\u2019s officials could not enter the liberty unless there had been a failure to execute a royal writ.\u00a0 Liberties could ultimately be forfeited.<\/p>\n<p>Within the liberties, the lord\u2019s, writ ran and the lords peace was enforced. A system of government paralleling that of the King on a smaller scale, existed.<\/p>\n<p>The lord had a council \u00a0equivalent that for the King with the seneschal acting in his absence. Within the liberties, locally based government was based organised in the same lines as in the King\u2019s shires, with sheriffs, chief sergeants and sergeants of baronies. \u00a0County courts existed parallel to those in the royal counties with the same jurisdiction.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Seneschal\"><\/span>Seneschal<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The seneschal was equivalent to the justiciar\/lord lieutenant.\u00a0 He represented the lord and was an all-powerful officials with administrative, judicial and military functions.\u00a0 He presided over the liberty court and dealt with cases which outside liberties, would have gone to the Itinerant justices or the Kings Bench in Dublin.<\/p>\n<p>He accounted for his lord at the Dublin exchequer, dealing with his lord\u2019s liability for relief, fines, scutages and other obligations and also debts owed to the crown by others within the liberty which had been ordered for collection by royal writ. There appears to be an office equivalent to a chancellor in the principal liberties.\u00a0 There were \u00a0also receiver and \u00a0treasurers dealing with financial matters.<\/p>\n<p>The seneschal was assisted by justices in relation to judicial matters.\u00a0 During the 13th century, liberties obtained the right to use judicial procedure so that \u00a0cases relating to land held by free tenure was decided by a verdict of the jury. Lords exercised the right of escheats in certain liberties and the King\u2019s prerogative right of wardship was abandoned in respect of the tenants in chief.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Courts\"><\/span>Courts<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The sheriff of the liberty presided in the county court.\u00a0 This was distinct from the court where the Stewart sat as judge in the pleas which exceeded the jurisdiction of the sheriff, which were not reserved to the Crown.\u00a0 On judicial business, the Stewart was accompanied by members of the Lord&#8217;s council, justices and assessors.<\/p>\n<p>The liberties had their own exchequer, chancellors and treasurers \/ receivers. Within Ulster, there appears to have been itinerant \u00a0justices within the liberties. If it is necessary for \u00a0a writ to be executed within one of the Leinster liberties, the sheriff of Dublin was charged with arranging that this was done by the liberty administration.\u00a0 The Sheriff of the Leinster made return to the Sheriff of Dublin.\u00a0 The same practice applied in Ulster until the turn of the 14th century, when \u00a0the Irish Parliament provided for separate royal sheriffs of Ulster and Meath.<\/p>\n<p>The writ of error was used to review courts of records.\u00a0 In the case of courts which were not of record, writs of false judgment were used which had their common feature, the recording of the plea by the Sheriff and the verbal testimony of four persons.\u00a0 The proceedings of county courts and liberties were not records.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-30\" data-postid=\"30\" class=\"themify_builder_content themify_builder_content-30 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>English Background Liberties in England had developed in an attempt to enlist local magnates in the preservation of order by giving them a share of the profits of justice and the dues arising in larger liberties. They were administered by the hundred courts presided over by officials of the local magnates rather than by the [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[29],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/30"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=30"}],"version-history":[{"count":3,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/30\/revisions"}],"predecessor-version":[{"id":33,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/30\/revisions\/33"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=30"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=30"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=30"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}