Bell's Cathedrals: The Cathedral Church of Ripon: A Short History of the Church and a Description of Its FabricHallett, Cecil Walter Charles
History
Bell's Cathedrals: The Cathedral Church of Ripon: A Short History of the Church and a Description of Its Fabric
Hallett, Cecil Walter Charles
Ripon Cathedral
For purposes of secular jurisdiction Ripon, with the lands round it, was
a Liberty, exempt, that is, from the authority of the Sheriff. The
Liberty was almost co-extensive with the Peculiar. Within it were two
secular jurisdictions, that of the Archbishop as lord of the manor, and
that of the Chapter, which embraced the southern half of the town and
many country districts, and which may have originated either with
Ealdred's presumable gifts of land out of the manor to form prebends, or
(as the charters pretend) from a grant of Athelstan, or perhaps from an
original independence enjoyed by the church as a monastery. The Chapter
claimed within their sphere the rights attributed to Athelstan's grant,
and also assize of bread, ale, weights and measures; dues of fairs and
markets; certain feudal dues; power over masterless goods, and to deal
with cases of rent, wrongful detention of land, and theft; _cognitio de
falso judicio_; execution of royal writs; 'sheriff-tourn'; coroners of
their own; in fact the powers of a sheriff and of the justices-in-eyre,
with a prison and the right of gaol-delivery, and even of inflicting
capital punishment. In cases of homicide, however, a king's justice must
sit as assessor. For civil suits there was a provision against 'wager of
battle,' and the accused again cleared themselves by compurgation.
Archbishop de Gray claimed similar privileges, but wished to exercise
them over the whole Liberty, on the ground that the church and its
appurtenances were part of his manor (as indeed they very possibly were,
originally). Unlike Archbishop Gerard, who had supported the church's
privilege against the sheriff, de Gray actually joined the sheriff in
invading it. In 1228 the case came before the king's justices in the
Chapter-house at Ripon, and the decision was for the Chapter. Thus the
division of jurisdictions received from the State an undoubted sanction.
Within his sphere the Archbishop appointed his own justices, but on
arriving at the limits of that sphere, the king's justices sat with them
there on the first day, and were afterwards admitted to sit with them in
the town. The Archbishops claimed also that their commissioners should
administer the oath of obedience at the mile-limit to those who sought
sanctuary. The Archbishops are also said to have had a 'military court,'
probably a feudal institution.
Public-domain text, read in full here on John Shaqi.
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