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Counties at large, divisions and subdivisions

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Counties at large

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The term "county at large" was used to denote the entirety of a geographical county including any areas that had some level of immunity from the officers of the county or measure of independence. Except in the case of the City of London, which possessed its own commission of lieutenancy, and the three ridings of Yorkshire, the counties at large were the areas to which lord lieutenants were appointed. [1]

Divided counties

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Yorkshire had three major divisions known as the ridings of Yorkshire:
  1. North Riding
  2. West Riding
  3. East Riding
Main article: List of county divisions in England to 1889

A number of counties were divided into separate jurisdictions, with each division having its own administrative machinery and officers, and effectively forming a distinct county, although continuing to collectively form a "county at large".

Of these, the most significant were the divisions of Yorkshire: the East Riding, West Riding, North Riding and (until 1836) the Ainsty of York.[2] The ridings were for almost all practical purposes separate counties, having their lord lieutenants, magistracy and county towns. The only office uniting the county was that of high sheriff.[3]

The second largest county, Lincolnshire, was divided into three historic "parts": Lindsey, Holland and Kesteven. Other divisions include those of Sussex into East Sussex and West Sussex and Suffolk into East Suffolk and West Suffolk, and, more informally and hence more vaguely, of Kent into East Kent and West Kent.

Several counties had liberties or Sokes within them that were administered separately. Cambridgeshire had the Isle of Ely, and Northamptonshire had the Soke of Peterborough. Such divisions were used by such entities as the Quarter Sessions courts and were inherited by the later administrative county areas under the control of county councils.

Subdivisions

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Most English counties were subdivided into smaller subdivisions called hundreds. Nottinghamshire, Yorkshire and Lincolnshire were divided into wapentakes (a unit of Danish origin), while Durham, Northumberland, Cumberland and Westmorland were divided into wards, areas originally organised for military purposes, each centred on a castle.[4] Kent and Sussex had an intermediate level between their major subdivisions and their hundreds, known as lathes in Kent and rapes in Sussex. Hundreds or their equivalents were divided into tithings and parishes (the only class of these divisions still used administratively), which in turn were divided into townships and manors. In the 17th century the Ossulstone hundred of Middlesex was further divided into four divisions, which replaced the functions of the hundred. The borough and parish were the principal providers of local services throughout England until the creation of ad-hoc boards and, later, local government districts.

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This is a list of county divisions in England prior to the coming into effect of the Local Government Act 1888.

Listed are those areas which enjoyed some freedom from the jurisdiction from the officers of the counties at large. These included:

[6]


County at large Division, county corporate or liberty Origins and history Jurisdiction Fate
Cambridgeshire Isle of Ely Liberty under the jurisdiction of the Abbot of Ely 970 – 1107.
County palatine under the Bishop of Ely 1107 – 1536.

Liberty under the bishop 1536 to 1837.
Division of Cambridgeshire from 1837

The bishop was custos rotulorum and appointed a chief bailiff in place of high sheriff until 1837.

From 1837 the Isle had separate quarter sessions and county administration from the rest of Cambrigeshire, held at Ely and Wisbech.

Became an administrative county in 1889.
Cheshire City and County of the City of Chester County status confirmed by Great Charter of Henry VII 1506.[7]

Shrievalty of city dated from 12th century.[8]

Separate shrievalty† Became a county borough in 1889
Cornwall Stannary districts of Foweymore, Blackmore, Tywarnhaile and Penwith & Kerrier Charters of 1337 and 1508[9] The Lord Warden of the Stannaries held certain lieutenancy powers, allowing him to appoint special deputy wardens in the same manner as deputy lieutenants, and to raise a Corps of Miners of Cornwall and Devon.[10] The Lord Warden's lieutenancy functions were ended in 1908.[11]
Devon City and County of the City of Exeter Charter of Henry VIII in 1537. Separate shrievalty† Became a county borough in 1889
Stannary districts of Ashburton, Chagford, Plymstock and Tavistock[9] Charter of 1201 The Lord Warden of the Stannaries held similar powers to those he had in Cornwall.[10] The Lord Warden's lieutenancy functions were ended in 1908.[11]
Essex Royal Liberty of Havering Charter of 1465 Separate quarter sessions, magistracy and gaol under a high steward. Incorporated into Essex in 1893
Gloucestershire County of the City of Bristol Charter of 1373[12], city 1542 Separate shrievalty† Became a county borough in 1889
County of the City of Gloucester Charter of 1483 constituted Gloucester, Dudstone and King's Barton hundred "The County of the Town of Gloucester"[13]
Became a city by charter of 1541.[14] 		Separate shrievalty† Became a county borough in 1889
Hampshire Isle of Wight Palatine jurisdiction established in 1100, purchased by Edward I in 1293. From that time governed on behalf of the Crown by an officer known as a captain, warden or later governor. Governor of the Isle of Wight held lieutenancy powers in the island. Considered to form part of the County of Southampton from 1293. Became an administrative county in 1890.
The Governor's lieutenancy powers ended in 1908.[15]
County of The Town of Southampton Charter of 1447:[16]
our said town, with the port and precinct thereof, and the port of Portsmouth, which is now called "the town of Suthampton and its precincts," shall be one entire county, incorporated in word and deed, separate and distinct from the county of Southampton for ever, and shall be called "our county of the town of Suthampton". 		Separate shrievalty The boundaries were redrawn to exclude Portsmouth in 1680.[16]
Became a county borough in 1889
Hertfordshire Liberty of St Albans Palatine jurisdiction of Abbot of St Albans confirmed by Edward I
On dissolution of abbey in 1539 jurisdiction passed to corporation of the Borough of St Albans 		Separate custos rotulorum and gaol jurisdiction Became part of St Albans Division 1874[17]
Hertford Division Formed 1874[17] Separate quarter sessions Formed single county in 1889.[18]
St Albans Division Formed 1874[17] Separate quarter sessions Formed single county in 1889.[18]
Kent East Kent NOTE NOTE NOTE Separate quarter sessions East and West Kent merged in 1814
West Kent NOTE NOTE NOTE Separate quarter sessions East and West Kent merged in 1814
Cinque Ports of Dover, Hythe, New Romney and Sandwich and ancient towns of Folkestone, Faversham and Tenterden Origins of Confederation of Cinque Ports uncertain, but probably existed informally before the Norman Conquest. Mentioned by the name of "Cinque Ports" by the reign of Henry II in 1155.[19] Officialy recognised by charters of 1260 and 1278.[20] Exempt from magistrates of Kent Formed part of the administrative county of Kent from 1889. Lord Warden of the Cinque Ports continued to hold lieutenancy powers until 1908.[21]
County of the City of Canterbury Charter of Edward IV in 1471 created the city and suburbs a "county corporate distinct, and utterly separate from the said county of Kent".[22] Separate shrievalty Became a county borough in 1889
Lincolnshire Parts of Holland Predated the county Separate quarter sessions Became an administrative county in 1889
Parts of Lindsey Predated the county Separate quarter sessions Became an administrative county in 1889
Parts of Kesteven Predated the county Separate quarter sessions Became an administrative county in 1889
County of the City of Lincoln Charter of 1407[23] Separate shrievalty Became a county borough in 1889
Middlesex[24] City of London Charter of Henry I of 1131/2 The City was constituted a county of itself. The livery of the City were given the right to elect two sheriffs of "London and Middlesex" on a payment of £300 per annum to the Crown.[25]
In 1662 a Commission of Lieutenancy, headed by the Lord Mayor was granted to the city by act of parliament.[26] 		In 1889 the City was included in the new County of London for some purposes, but retained a high level of autonomy. The commission of lieutenancy continued, but the right to appoint the High Sheriff of Middlesex was ended, with two sheriffs appointed for the City alone.[27]
Tower division In 1605 the privy council ruled that the Constable of the Tower of London had the sole right of mustering militia in the Liberties of the Tower of London[28] The constable's area of jurisdiction had extended to the larger Tower Division by 1635.[29] He was ex officio lord lieutenant of the division, a position recognised in later legislation, such as the Militia Act 1761.[30] The constable's lieutenancy jurisdiction was ended in 1889 when the area was included in the county of London under its own lord lieutenant[31]
Northamptonshire Soke of Peterborough


The monastery of Medeshamstede was founded in 664 by Wulfhere, King of Mercia and refounded in 972 by King Edgar of England. Both charters gave the monastery jurisdiction over the Liberty of Nassaburgh. The monastery eventually became Peterborough Abbey and the wider area under the jurisdiction of the abbot its Soke. Following dissolution of the abbey in 1541 the liberty reverted to the Crown and was assigned to the Bishop of Peterborough.[32]
The bishop surrendered his privileges to Elizabeth in 1576, who constituted Lord Burghley as hereditary Lord Paramount of the Liberty of Peterborough.[32] [33] The Barons Burghley became Earls of Exeter in 1605 and Marquesses in Exeter in 1801.

The Lord Paramount was custos rotulorum of the liberty, which also has its own quarter sessions and commission of the peace. Administrative county 1889
Northumberland Newcastle

Berwick

Nottinghamshire Nottingham
Staffordshire Lichfield
Suffolk Libery of St Edmund > W Suffolk

3 other divs> E Suffolk

Sussex E & W (act)
Warwickshire Coventry
Worcestershire Worcester
Yorkshire East Riding
North Riding
West Riding
The Ainsty (until 1836)
Liberty of St Peter etc
Liberty of Ripon

Liberty of St Peter

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The liberty was under the jurisdiction of the Dean and Chapter of York Minster. Its area consisted of a large number of parcels of land scattered throughout the three ridings, the Ainsty and the City and county of York. In the late eighteenth century it comprised nine places within the city and The Ainsty, 62 in the East Riding, 40 in the West Riding and 51 in the North Riding.[34] The liberty had a completely separate county administration consisting of a steward, bailiffs, magistrates, coroners and constables. The quarter sessions for the liberty were held at the Minster Yard in York in a building known as the "Hall of Pleas". The liberty's gaol, the "Peter Prison" was also housed here.[35] [36]

The jurisdiction ended on 5 June 1838, when the Dean and Chapter declined to apply for the renewal of the commission on the accession of Queen Victoria.[37]

References

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† Lieutenancy held jointly with that of the county at large.

  1. ^ Webb & Webb pp 310-311|quote=It is not easy to determine exactly what consrtiuted a county jurisdiction, nor how many counties there were. By statute and in common parlance there were, of course, forty counties in England.a
  2. ^ Youngs, Frederic A, Jr. (1991). Guide to the Local Administrative Units of England, Vol.2: Northern England. London: Royal Historical Society. pp. 496–497, 770. ISBN 0861931270.{{cite book}}: CS1 maint: multiple names: authors list (link)
  3. ^ Hobson, Brendan (1921). The West Riding of Yorkshire. Cambridge: Cambridge University Press. p. 150.
  4. ^ W. L. Warren, The Myth of Norman Administrative Efficiency: The Prothero Lecture in Transactions of the Royal Historical Society, 5th Ser., Vol. 34. (1984), p. 125
  5. ^

    p.22-24 Cinque Ports and Ancient Towns

    Amongthe most ancient subdivisions or jurisdictions ofthe Country are the Cinque Ports, which, by reason of the peculiar privileges they originally possessed and still in some measure retain, and of the interest attaching to them as the birthplace and cradle in olden time of the British Navy, must necessarily have a place in this conspectus. The following account of these Ports is extracted from Volume I. of the Census Returns for 1871, and is the result of a most careful collation of authorities both ancient and modern.

    The Cinque Ports have existed as an Incorporation from a very early period of English history. The oldest charter now on record is one granted in the 6th year of Edward I, being 99 years older than the first charter of the City of London: and this refers to their privileges in the time of Edward the Confessor and William I, granted by charters which the charter of Edward I states that the King had seen. It is stated in Jeake's 'Charters of the Cinque Ports,' a book considered to be of good authority, that in one of the records of the Town of Rye there is a memorandum, that "the Five Ports were enfranchised in the time of King Edward the Confessor."

    The Five Ports are Hastings, Romney, Hythe, Dover, and Sandwich. To these were added, in very early times, the so-called Ancient Towns of Winchelsea and Rye, to which all the privileges of Cinque Ports were given. Each of the Ports of Hastings, Romney, Dover, and Sandwich, and also the Town of ERye, has one or more Members : some of the Members are Corporate Towns, others are not.

    The only charter in which the Ports and their Members are enumerated is that of Charles II, which was the last charter granted to the Cinque Ports. In it the Corporate Towns are distinguished from those which have no corporation, by the latter being designated as "towns or places." Deal is mentioned in the charter as an unincorporated town : it was incorporated however by William III, and has thereafter been classed among the Corporate Members. Margate was incorporated in 1857.

    Until the time of Henry VII the Crown appears to have had no permanent Navy. The Cinque Ports had always furnished nearly the whole of the shipping required for the purposes of the State; and their assistance to the King's ships contiiwed' long after that time. When ships were wanted, the King issued his summons to the Ports to provide their quota. In the time of Edward I they had to provide 67 ships fully equipped, at their own cost: the period of service, however,S was limited to 15 days. The summonses issued by the Kings generally apportioned the ships among the Ports and Members. Some of the Members had to provide one ship: in some oases two Members had to provide one ship between them. In consideration for these services, many very valuable privileges and franchises,* specified in the various charters, were granted to the Ports by different Kings.

    The jurisdiction of the Cinque Ports extends along the coast continuously, from Seaford in Sussex, to Birchington near Margate, including also Faversham in the Swale. Several of the Corporate Members are now inland : some of these may originally have been on the coast and been left by the sea others; as, for instance, Fordwich, are situate on the banks of rivers which in former times were navigable. The town of Tenterden has no river near it, but at the time of its annexation to Rye, the sea flowed up to the parish at Small Hythe, where at that time, and long after, it was navigable for the vessels of those days. Many of the unincorporated Members are not only inland and detached from their respective Ports, but are situate at great distances therefrom. Thus, the Parish of Beaksbourne, situate on the Little Stour, near Canterbury, is a Member of Hastings, from which it is distant about forty-eight miles the Ville of Grange, or Grenche, near Rochester, is a member of the same Port, and distant from it about thirty miles; and the large and increasing Town of Margate is about twenty-one miles distant from Dover, of which it was, until recent years, an unincorporated Member.

    In very early times all the Members were probably in some measure dependent upon, or subject to, their respective Ports. At present there is no connection between any Port and such of its Members as have been incorporated, beyond that which exists amongst all the Ports. Each incorporated Member has within its Liberty the same jurisdiction and municipal functions as the Parent Port, and the latter has no power or right of interference.The Members, however, which have not been incorporated are under the municipal jurisdiction of their respective Ports; they are within the jurisdiction of the Criminal Courts and of the Magistrates and Coroners of those Ports, and they are summoned on the juries and contribute to the rates, in the nature of County rates, imposed by the Municipal bodies of those Ports, and sanctioned by the Court of Quarter Sessions. None of the rights of citizenship, however, can be acquired in the Members; they have no share in the election of any of the officers of their respective Ports, nor is residence within them considered as residence within the Port for any corporate purpose.

    The connection between the Towns and Ports of New Romney, Fordwich, and Winchelsea, and their respective Liberties, is of the same description as that between Parent Ports and their non-corporate Members.

    p.25

    The Act 51 Geo. III. c. 36 has made some alterations as to the administration of justice in the unincorporated Members. This Act, after reciting that many inconveniences had arisen from the non-residence of Justices in or near several of the Members, empowers the King to appoint Justices of the Peace within the Liberties of the Cinque Ports. The jurisdiction of these Justices, however, is not to extend to the granting of publicans' licences or to the exerciseof any authority within the Five Ports or any of the incorporated Towns. Jurisdiction is given to the Justices and Coroners of Essex within Brightlingsea, and to the Justices and Coroners of Kent within Beaksbourne and Grange, from, which the granting of licenses is not excepted.

    The Lord Warden appoints the Justices in the Commission of the Peace for the Liberties of the Cinque Ports in the same manner as the Custos Kotulorum of a County. Jurats having been replaced by Aldermen and Councillors in the local government of the Ports and Boroughs affected by the Municipal Corporations Eeform Act, such Aldermen and Councillors accordingly claim to sit in the several Courts of the Cinque Ports.

    Lewis, James (1873). Digest of the English census of 1871. London: Census Office.
  6. ^ "During the 22 years of war against revolutionary France, the Sandwich link was stretched so thin as to look absurd. In 1811, an Act of Parliament ended it. For local government and militia purposes, Brightlingsea became part of the Tendring Hundred of Essex, but as far as the Lord Warden was concerned, it remained part of his jurisdiction. " "Brightlingsea and the Cinque Ports". The Cinque Port Liberty of Brightlingsea. 2004. Retrieved 1 May 2011.
  7. ^ Chester's Great Charter 1506, Chester City Council, accessed March 22, 2008
  8. ^ History of the Office of Sheriff, Chester City Council, accessed March 22, 2008
  9. ^ a b G.R. Lewis, The Stannaries, a study of the medieval tin miners of Cornwall and Devon (1908). (11 Mb PDF document)
  10. ^ a b Confirmed by Regiment of Cornwall and Devon Miners Act 1798 (1798 c.74) and Militia Act 1882 (1882 c.49)
  11. ^ a b Territorial and Reserve Forces Act 1907 (1907 c.9). The Lord Warden could, however, be appointed an ex officio member of the County Associations of Cornwall or Devon.
  12. ^ Mary E. Williams, Civic Treasures of Bristol, Bristol City Council, 1984
  13. ^ Medieval Gloucester: Town government, 1483-1547, A History of the County of Gloucester: Volume 4: The City of Gloucester (1988), pp. 54-57, (British History Online)accessed: 16 May 2008.
  14. ^ [http://www.british-history.ac.uk/report.aspx?compid=42267 The city of Gloucester: Introduction, A History of the County of Gloucester: Volume 4: The City of Gloucester (1988), (British History Online), accessed: 16 May 2008.
  15. ^ Territorial and Reserve Forces Act 1907 (1907 c.9). The Governor could, however, be appointed an ex officio member of the County Association of the County of Southampton.
  16. ^ a b The borough of Southampton: General historical account, A History of the County of Hampshire: Volume 3 (1908), pp. 490-524, British History Online, accessed 17 May 2008
  17. ^ a b c County of Hertford and Liberty of St. Alban Act, 1874 c.45
  18. ^ a b Local Government Act 1888
  19. ^ "The Origins of the Confederation". The Confederation of the Cinque Ports. 2007. Retrieved 2008-06-12.
  20. ^ K M E Murray, The Constitutional History of the Cinque Ports, Manchester, 1935
  21. ^ Territorial and Reserve Forces Act 1907 (1907 c.9). The Lord Warden could, however, be appointed an ex officio member of the County Association of the Counties of Kent and Sussex
  22. ^ Canterbury: The city as county, The History and Topographical Survey of the County of Kent: Volume 11 (1800), pp. 14-28, accessed: 18 May 2008
  23. ^ History of the Mayor and civic Party, City of Lincoln Council, accessed May 18, 2008
  24. ^ No separate shrievalty: see City of London
  25. ^ "Charter granted by Henry I to London". Florilegium Urbanum. The ORB: On-line Reference Book for Medieval Studies. 18 August 2001. Retrieved 24 June 2010.
  26. ^ "City of London Lieutenancy". Access to Archives. The National Archives. Retrieved 6 September 2010.
  27. ^ "The Local Government Bill". The Times. 17 May 1888. p. 8.
  28. ^ "The Tower Hamlets Trayned Bandes before the Civil War". Tower Hamlets Trayned Bandes (Historical reenactment group). Retrieved 6 September 2010.
  29. ^ "Ossulstone Hundred". A History of the County of Middlesex: Volume 6: Friern Barnet, Finchley, Hornsey with Highgate. The National Archives. 1980. Retrieved 6 September 2010.
  30. ^ 2 Geo.II c.20. S.141: "And whereas the militia of the Tower Division in the county of Middlesex, commonly known by the name of the Tower Hamlets, is, and always have been under the command of His Majesty's Constable of the Tower, or lieutenant of the Tower Hamlets."
  31. ^ Local Government Act 1888, 51 & 52 Vict. c. 41 s.59
  32. ^ a b Five Parishes, Their People and Places (PDF). Peterborough: The Camus Project. 2004. ISBN 0954788109. Retrieved 6 September 2010.
  33. ^ "From Abbey to Cathedral". Historical Peterborough. Peterborough City Council. Retrieved 6 September 2010.
  34. ^ P.M. Tillott (editor) (1961). "Prisons and gallows". A History of the County of York: the City of York. British History Online. pp. 491–498. Retrieved 3 August 2010. {{cite web}}: |author= has generic name (help)
  35. ^ Samuel Lewis (editor) (1831). A Topographical Dictionary of England & Wales. p. 618. {{cite book}}: |author= has generic name (help)
  36. ^ Allen, Thomas (1831). A new and complete history of the county of York, Volume 2. London: I T Hinton. pp. 145–146. Retrieved 3 August 2010. {{cite book}}: Cite has empty unknown parameter: |coauthors= (help)
  37. ^ "Liberty of St. Peter Sessions". York Herald & General Advertiser. 14 April 1838.

^a This number included Monmouthshire

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