About the time that this separation took place, the lowest branches of the bailiffs office were transfered to an inferior minister, named a _reve_, of whom we read at large in _Fleta. l. 2. c. 76._ But possibly this was only the case in extensive manors and demesnes, where a single person was found unequal to the discharge of the united functions of _steward_, _bailiff_, and _reve_. [11] Lambards _Perambulation of Kent._ p. 484. [12] _V._ Prynne, Animad. on 4 Inst. p. 150. _Hickes. Dis. Ep._ p. 8. 48. See however in Madox, His. Ex. p. 100. an instance of justices itinerant in the time of K. Stephen. Writs unknown to the Saxons. _Hickes. u. s._ p. 8. [13] A collection of all the writs and charters that can be met with of the first three or four Norman kings would be a useful, curious, and interesting work. [14] Most hundreds have, by statute or otherwise, been united to the body of the county and power of the sheriff. But many of them, having been granted in fee, still exist as independent franchises. THE OFFICE OF BAILIFF OF A LIBERTY. BOOK I. Of a FRANCHISE or LIBERTY[15]. CHAPTER I. OF FRANCHISES IN GENERAL. [Sidenote: Royal privilege.] [Sidenote: Forfeiture.] A franchise is a royal privilege in the hands of a subject; and is forfeited by misusing it. _Finch_, 164. [Sidenote: Record.] If a franchise be of record in any court of the King it is sufficient. _27 H. 6. 9._ [Sidenote: _Quo warranto._] Allowance of franchises in _Quo warranto_ or in Eyre shall conclude the King, for this is the suit of the King to try franchise; _contra_ of allowance in the Common Bench or other court. _10 H. 7. 13._ _Br. Fraunches & Liberties_, 40. [Sidenote: General statute.] Franchise bound by general statute, _tam_ within _quam_ without the franchise. _19 H. 6. 1._ Franchise or other special liberty or privilege shall not be defeated by general statute. _19 H. 6. 64._[16] [Sidenote: 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. [Sidenote: _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.