{"id":90,"date":"2021-04-03T08:20:30","date_gmt":"2021-04-03T08:20:30","guid":{"rendered":"http:\/\/legalblog.ie\/?p=90"},"modified":"2021-04-03T09:05:18","modified_gmt":"2021-04-03T09:05:18","slug":"local-government","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/local-government\/","title":{"rendered":"Counties and Sheriffs"},"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\/local-government\/#Counties_Shires_I\" title=\"Counties\/ Shires I\">Counties\/ Shires I<\/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\/local-government\/#Counties_Shires_II\" title=\"Counties\/ Shires II\">Counties\/ Shires II<\/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\/local-government\/#Other_Units\" title=\"Other Units\">Other Units<\/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\/local-government\/#Sheriffs\" title=\"Sheriffs\">Sheriffs<\/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\/local-government\/#Sheriffs_and_Administration_of_Justice\" title=\"Sheriffs and Administration of Justice\">Sheriffs and Administration of Justice<\/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\/local-government\/#Judicial_Functions_of_Sheriffs\" title=\"Judicial Functions of Sheriffs\">Judicial Functions of Sheriffs<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/local-government\/#Administrative_Functions_of_Sheriff\" title=\"Administrative Functions of Sheriff\">Administrative Functions of Sheriff<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/local-government\/#Sergeants\" title=\"Sergeants\">Sergeants<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/local-government\/#Other_Officers\" title=\"Other Officers\">Other Officers<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Counties_Shires_I\"><\/span>Counties\/ Shires I<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Anglo-Norman lordship sought to replicate shire government by royal sheriffs through Ireland.\u00a0 The organization of shires spread slowly.\u00a0 Dublin was the first shire established at the end of the 12th century.\u00a0 Waterford and Cork had commenced to be organized at about the same time.<\/p>\n<p>By the early 13th century, Waterford with Cork and Munster, Limerick, Tipperary and Thomand were the \u00a0main shires which seem to have been established. At that time Ulster with Ureal (Louth) and Meath had been entrusted to seneschal or stewards who were not yet described as sheriffs.<\/p>\n<p>Kerry was established as a separate shire in the 1230s. By the middle of the 13th century, Munster appears to have been broken up and Limerick and Tipperary became separate units.<\/p>\n<p>By the same time Connaught was a shire.\u00a0 The Sheriff of Roscommon appeared at the end of the 13th century. At that stage there were nine shires, Dublin, Waterford, Cork, Kerry, Louth, Limerick, Tipperary, Connaught and Roscommon.\u00a0 Two further were added shortly afterwards.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Counties_Shires_II\"><\/span>Counties\/ Shires II<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Dublin consisted of the present county of Dublin together with substantial parts of Wicklow and half of the former liberty of Meath.\u00a0 The sheriff of Dublin exercised jurisdiction over the cross-lands i.e., lands held by the church directly from the crown exempted from liberty jurisdiction within the four liberties of Leinster, and the liberties of Trim and Ulster.\u00a0 If the seneschals of these liberties failed to exercise the writ, the Dublin sheriff was entitled to enter and execute it.<\/p>\n<p>Legislation at the end of the \u00a013th century mentioned made Meath a separate shire with its own sheriff and county court. It made Kildare and its cross-lands a separate shire and removed the jurisdiction of the Dublin sheriff.\u00a0 Kildare had been organized as a shire even when it was a liberty.<\/p>\n<p>Wexford, Kilkenny and Trim were liberties.\u00a0 However, in a liberty, the sheriff and seneschal took an oath \u00a0to the King and the lords. \u00a0But at the end of the 13th century, the liberty of Ulster was held by the King and at various times during the 13th century was governed by his officials.<\/p>\n<p>Within shires in England, the territories were divided into cantreds.\u00a0 This had elements of the old Gaelic division of ceads .\u00a0 Some followed the old Gaelic units, but most did not.<\/p>\n<p>It appears that each cantred had its courts, which \u00a0were held by a sheriff.\u00a0 It appears they were held monthly on a particular day of the week generally in the principal town of the shire.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Other_Units\"><\/span>Other Units<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The northwestern part of Ireland\u00a0 was altogether outside the shire or liberty system.\u00a0 There were also other enclaves of territory still held by native Irish.<\/p>\n<p>The cross-lands which were church lands were outside the jurisdiction of the liberty but were attached to the nearest shire for administrative purposes.\u00a0 Not all church lands were necessarily cross-lands.<\/p>\n<p>Some liberties reserved the right of the Kings and effectively formed enclaves in which a greater degree of administration remained.\u00a0 The terms of the grants were determinative.The charters determined the extent of the monks or clergy\u2019s rights.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sheriffs\"><\/span>Sheriffs<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Sheriffs were appointed in a number of different manners.\u00a0 Some were appointed directly by the \u00a0English Crown.\u00a0 Others were appointed by the Justiciar.\u00a0 By the late 13th century, the sheriffs and the bailiffs who answered to the exchequer were to be appointed by the treasurer and barons of the exchequer and removed by them only.<\/p>\n<p>The sheriffs performed a variety of functions.\u00a0 They \u00a0raised various revenues including customary revenues and fines. The revenues of certain counties were significant.<\/p>\n<p>Most of the revenues collected by the sheriff derived from activities of the central government.\u00a0 Under the order of the exchequer, the sheriff was responsible for collection of amercements imposed by the royal courts, fines for having the King&#8217;s grace, fees for chancery writs and other items of the crown&#8217;s revenue.\u00a0 He collected scutages of lower tenace and other local subsidies and charges.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sheriffs_and_Administration_of_Justice\"><\/span>Sheriffs and Administration of Justice<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The sheriff exercised functions as an officer of the central court.\u00a0 He organized assizes of the judges.\u00a0 He convened juries. He organized and convened the court generally. He summons the shire to bring pleas and those who wished to complain. Writs were generally served by his sergeant.<\/p>\n<p>The sheriff levied debts recovered by judgment, one of the sole remaining functions of the office. Judgments were enforced by ceasing and selling goods. A sheriff could be amerced (fined) for failure in the performance of his functions.\u00a0 \u00a0The sheriff was responsible for the custody of prisoners well before trial and until they provided security for payments of amercements.<\/p>\n<p>The sheriff had military and police functions.\u00a0 Most sheriffs were ordered to keep armed forces given that border warfare pertained in most shires.<\/p>\n<p>When attempting to arrest persons who had been indicted it might be necessary to call a posse.\u00a0 This may be required for levying debts.\u00a0 He might commission, intervene, to prevent a breach of the peace.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Judicial_Functions_of_Sheriffs\"><\/span>Judicial Functions of Sheriffs<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The sheriff had his own judicial functions in the county court where he was president and responsible for the conduct of business. Judicial functions included appeals of felony and with a range of civil matters.<\/p>\n<p>The administrative functions of this county court become more important than judicial functions by the end of the 13th century.\u00a0 Various knights of the shire and coroners were elected, and they began to form a local assembly.<\/p>\n<p>The sheriff exercised greatest judicial power in his tourn.\u00a0 He dealt with minor offences directly reserving pleas of the crown for the royal justices. The sheriff exercised functions within liberties and \u00a0decided which matters were those for liberty courts, church courts or royal courts.\u00a0 There were a wide range of other offences which was under his jurisdiction.<\/p>\n<p>The sheriff was to enquire into wardship marriage and escheat.\u00a0 These covered a range of administrative civil and criminal matters.\u00a0 He enquired in relation to criminal matters, burials, obstruction of the highway, waterways and a variety of other matters.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Administrative_Functions_of_Sheriff\"><\/span>Administrative Functions of Sheriff<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The sheriff had substantial administrative duties.\u00a0 These included the repair of castles, jails and the expenses of certain royal officials and administrators. The sheriff was responsible for the construction and maintenance of a variety of public works.\u00a0\u00a0The sheriff made returns and payments to the treasury who accounted for them.<\/p>\n<p>Sheriff had administrative duties, some in conjunction with the coroner.\u00a0 He arranged for the election of coroners and required them to undertake office.<\/p>\n<p>He was responsible for the organization of election of knights of the shire and they were summoned to \u00a0parliament.\u00a0 He proclaimed statutes in market towns and fairs and in county courts.\u00a0 Where persons were under duties to repair bridges, \u00a0causeways and things obstructing navigation, he was entitled to require them to fulfill their duties.<\/p>\n<p>The sheriff was assisted by a range of staff in his various duties.\u00a0 He could appoint sub-sheriffs to act in his absence.\u00a0 They were obliged to give surety for the due performance of their functions.\u00a0 He could appoint clerks responsible for records in judicial and administrative matters.\u00a0 He could appoint receivers to collect taxes and similar levies.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sergeants\"><\/span>Sergeants<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There was a body of sergeant\u2019s equivalent to the English hundred bailiffs who were ostensibly under the control of the sheriff. \u00a0In most counties, there was a hereditary chief sergeant who held office from the King and was not under the control of the sheriff.\u00a0 He could be removed for misconduct by the Justiciar or justices. Some were notionally at least under the control of the sheriff.<\/p>\n<p>The chief sergeant often exercised his office through a deputy.\u00a0 Under the chief sergeants, there were sergeants of cantreds who he appointed and they in turn appointed sub-sergeants.\u00a0 \u00a0The office of sergeants might be profitable, and sums were paid by sergeants for the office in some cases.\u00a0 The sergeancies earned a revenue.<\/p>\n<p>Many routines functions of the sheriff were performed by the sergeants of the county so that there was a likelihood of bribery and extortion.\u00a0 Many sergeants were found guilty of offences.<\/p>\n<p>The sergeant had financial responsibility to those he appointed in office.\u00a0 He could be liable for amercements if they were unable to pay.\u00a0 He might be subject to amercements if prisoners escaped from custody.\u00a0 He might ultimately forfeit his office for failure to perform his duty to the satisfaction of the Justiciar.<\/p>\n<p>The chief sergeant was generally a substantial landowner.\u00a0 The sub-sergeants were of lower social rank.\u00a0 Chief Sergeants had frequently inherited their offices.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Other_Officers\"><\/span>Other Officers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Coroners were universal. The Coroner was elected by in the county court. Often, it was an unpopular office and persons had to be constrained in some cases to accept it. The coroner was concerned with pleas of the crown, and in particular violent deaths.\u00a0 He was responsible for taking the goods of persons indicted in inquisitions.\u00a0 He relied on the Sheriff in relation to arrests.\u00a0 He deputized for the sheriff in some instances.<\/p>\n<p>Keepers of the peace had a quasi-military function.\u00a0 There were several in each cantred at certain periods. Some shires appointed escheators and deputies.<\/p>\n<p>Emissaries of the central government accompanied local officials. They include exchequer officials \u00a0seeking to collect crown debts, clerks of the markets, investigators of weights and measures and escheators.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-90\" data-postid=\"90\" class=\"themify_builder_content themify_builder_content-90 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Counties\/ Shires I The Anglo-Norman lordship sought to replicate shire government by royal sheriffs through Ireland.\u00a0 The organization of shires spread slowly.\u00a0 Dublin was the first shire established at the end of the 12th century.\u00a0 Waterford and Cork had commenced to be organized at about the same time. By the early 13th century, Waterford with [&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":[30],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/90"}],"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=90"}],"version-history":[{"count":3,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/90\/revisions"}],"predecessor-version":[{"id":98,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/90\/revisions\/98"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=90"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=90"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=90"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}