Historic area of England
The
Soke of Peterborough
is a historic area of
England
associated with the City and
Diocese of Peterborough
, but considered part of
Northamptonshire
. The
Soke
was also described as the
Liberty
of Peterborough, or Nassaburgh
hundred
, and comprised, besides Peterborough, about thirty parishes.
[1]
The area forms much of the present
City of Peterborough
unitary authority area in the post-1974 ceremonial county of
Cambridgeshire
. The
Church of England
dioceses of Peterborough and
Ely
still, however, follow the boundary of the Soke, with only the part of the city that is north of the
River Nene
lying within the Diocese of Peterborough,
[2]
[3]
while
Thorney
and urban areas south of the Nene, including
Stanground
and
Fletton
, are in the Diocese of Ely.
The term soke refers to a general legal term in
medieval England
referring to various concepts, including a jurisdiction of land or rights to hold a court or receive fines.
History
[
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]
In the
Anglo-Saxon
period, the lord of the
hundred
had the power, or liberty, of holding a court and administering justice within its boundaries, and this system was subsequently continued by the
Abbots of Peterborough
, who either enforced in person, as lords, the observance of the ancient
socage
laws and customs, or appointed a deputy to act for them. On the establishment of
quarter sessions
in 1349, the separate jurisdiction of the Soke was still maintained as distinct from that of the county of
Northampton
; and, except for parliamentary purposes and matters relating to the militia, it was entirely independent of that county. Quarter sessions for the liberty were held at the
Sessions House
in Peterborough, and
petty sessions
at the same place.
[4]
The civil government of the liberty was vested in the
Marquess of Exeter
, as Lord Paramount of Peterborough and
custos rotulorum
; around 40
magistrates
appointed by the crown; and a high bailiff of the city appointed by the
dean
and
chapter
of
Peterborough Cathedral
.
[5]
The soke had its own magistrates, who were appointed by the lord paramount, acting under a commission of
oyer and terminer
, and gaol delivery, as well as under the ordinary commission, and the magistrates for the liberty retained the power of hanging a criminal in cases of murder, which in fact they exercised so late as 1812. The
Local Jurisdictions Act 1820
, though giving the liberty bench the power to commit (for murder only) to the county
assizes
, did not abridge their full rights of gaol delivery. The soke had also a separate
rate
, out of which all payments were made, and a separate police force, the
Liberty of Peterborough Constabulary
, appointed by and under the control of the magistrates of the soke. In 1874, the City of Peterborough was granted a
charter of incorporation
and the new council was required to appoint a
watch committee
and constabulary, the
Peterborough City Police
.
[6]
The two forces were eventually amalgamated in 1947 to form the
Peterborough Combined Police
Force.
In the provisions of the
County and Borough Police Act 1856
, the
Weights and Measures Act 1878
and the
Contagious Diseases (Animals) Act 1878
, the Liberty of Peterborough, like that of the
Isle of Ely
, was in each instance treated as a separate county.
[7]
Government
[
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]
Quarter sessions
[
edit
]
The liberty justices in quarter sessions had long-held powers in excess of those of most other quarter sessions. They could try and decide many serious crimes, including treason and murder, which normally could only be heard and determined in a court of assize, and in view of the special powers of the liberty justices, a judge of assize had no power to act in the Soke of Peterborough. Until the time of the
Dissolution of the Monasteries
, the abbot had been empowered to appoint
justices of the peace
for the Hundred, or Liberty, of Nassaburgh. When Peterborough Monastery was dissolved in 1539 Abbot Chambers was made the first
Bishop of Peterborough
, and the following year
Henry VIII
granted three Commissions of the Peace to the coterminous Liberty of Peterborough. They were:
- The Commission of the Peace for the appointment of Justices to sit in Petty Sessional Courts and exercise the ordinary duties of the magistracy;
- The Commission for Gaol Delivery, and
- The Commission of Oyer and Terminer, that is to hear and determine, which empowered the Justices of the Liberty to hear assize offences at Quarter Sessions.
The last commission gave to the justices of the liberty, power to enquire more fully "... by the oath of good and lawful men of the Liberty of Peterborough, by whom the truth of the matter may be better known and by other ways, means and methods by which they shall or better know, of the treasons ... insurrections ... rebellions, counterfeitings, clippings, wastings, false comings ... murders, felonies, manslaughters ... and many other grave offences mentioned therein which in other counties are only triable by a judge of assize, and the Justices are commanded at days appointed for this purpose to make diligent enquiries into and to hear and determine the above mentioned offences."
In 1877
Queen Victoria
confirmed these commissions and endorsed the ancient privileges of jurisdiction of the liberty justices and at the same time excluded the
High Sheriff of Northamptonshire
from exercising his authority in the soke. The commissions of oyer and terminer and gaol delivery were not renewed by the monarchs immediately succeeding Queen Victoria and in 1920 the
Court of Criminal Appeal
quashed a conviction recorded at Peterborough Quarter Sessions. It was held that three of the liberty magistrates adjudicating at the hearing were not in order, as the assize authority of the court then derived from commissions granted during the reign of Queen Victoria. The three justices in question had been appointed to the commission of the peace subsequent to her death and only justices appointed during her reign were in order in adjudicating at such a court. This resulted in a renewal of the commissions in continuation of the ancient assize jurisdiction, and an announcement was made at the Easter Quarter Sessions in 1921 that "whatever may have happened as a result of a recent case in the Court of Criminal Appeal by authority of this Commission now granted, this Court will continue to exercise this ancient jurisdiction in the same manner as it has done under similar commissions since the days of
Charles I
." In fact, the justices of the liberty did not exercise their full powers, although they were always jealous of their special and historic privileges.
In 1949, the
Marquess of Exeter
moved an amendment in the
House of Lords
to the
Justices of the Peace Bill
. This was necessary to safeguard the special position of the liberty jurisdiction as the new Bill provided there should be a separate commission of the peace for every administrative county and
county borough
and not for any other area. Accordingly, an amendment was accepted by the
Lord Chancellor
and the following paragraph was included in the Act:
SAVING FOR SOKE OF PETERBOROUGH: The Justices for the Soke of Peterborough shall, by virtue of the Commission of the Peace and without any further commission, have within the county the same jurisdiction as before the coming into force of Section 10 of this Act the Justices for the Liberty of Peterborough had within the Liberty by virtue of the commissions of oyer and terminer and gaol delivery customarily issued to those Justices, but as respects any matters within their competence as Justices of the Peace, shall act as such and not as Justices of Oyer and Terminer or Justices of Gaol Delivery.
[8]
In accepting the amendment the Lord Chancellor said that in murder cases this ancient jurisdiction had survived all these years only because it had never been exercised and he added, "if the justices ever appear to act upon the powers they possess, I shall be the first to come and remove those powers for them."
[9]
The courts of assize and quarter sessions were eventually abolished in
England
and
Wales
by the
Courts Act 1971
and replaced by a single permanent
Crown Court
.
Administrative county
[
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]
Under an amendment by
Lord Exeter
to the
Local Government Act 1888
, the Soke became a separate
administrative county
in its own right, distinct from the remainder of Northamptonshire.
[10]
An elected
county council
, consisting of a chairman, 10
aldermen
, and 30
councillors
, took over the administrative functions of the Quarter Sessions and had its meetings at the Guildhall; but this formal change hid a great deal of continuity, as Justices of the Peace were often elected councillors, the Clerk of the Peace became the Clerk to the Council and so on.
[11]
During its life the county council gradually acquired more powers, such as taking over the functions of school boards in 1902,
boards of guardians
in 1930 and various
town planning
and housing responsibilities from 1949. As the
fire authority
, under the
Fire Services Act 1947
, the county council also retained
Peterborough Volunteer Fire Brigade
, one of the few of its kind.
[12]
The Soke county council was granted a
coat of arms
by the
College of Arms
in 1950.
[13]
The design placed the crossed keys of
Saint Peter
from the arms of the Diocese of Peterborough on the silver and blue barry field of the arms of the Cecil family, Marquesses of Exeter, who held the chairmanship of the council for most of its existence. The crest was an ermine lion from the Cecil arms rising from a
mural crown
emblematic of local government. The lion held two wheatears, symbolising agriculture. The
Latin
motto
adopted by the council was
Cor Unum
, part of the Cecil motto
Cor Unum, Via Una
or "One Heart, One Way".
[14]
The
Local Government Act 1894
divided the Soke into three
districts
; the existent
city
(1541) and
municipal borough
(1874) of Peterborough, and the two
rural districts
of
Peterborough
and
Barnack
. The administrative county had an area of approximately 83 ½ square miles (216.37 km
2
) with only one, minor, boundary change in its lifetime. The county's population recorded at each
census
since 1901 was as follows:
[15]
Year
|
Population
|
1901
|
41,122
|
1911
|
44,718
|
1921
|
46,959
|
1931
|
51,839
|
1941
|
58,303
[16]
|
1951
|
63,791
|
1961
|
74,758
|
In 1961, the last year for which figures are available, the breakdown was as follows:
The Soke had a very small population for a county and so, in 1965, the administration was merged with that of the neighbouring small county of
Huntingdonshire
, to form the slightly more viable administrative county of
Huntingdon and Peterborough
(population 202,622 in 1971).
[17]
Under the
1974 local government reorganisation
, Huntingdon and Peterborough became part of the
non-metropolitan county
of Cambridgeshire (population 436,441 in 1981), as had first been proposed in 1947
[18]
and an area broadly corresponding to the Soke, called the City of Peterborough, became one of its six
districts
.
[19]
When the new Cambridgeshire county council was granted arms in 1976 it included references to those of the Soke; two keys around the neck of the dexter supporter and the motto,
Corde Uno Sapientes Simus
, or "With One Heart Let Us Be Men of Understanding".
[20]
In 1998 the City of Peterborough became a
unitary authority
, but it continues to form part of Cambridgeshire for
ceremonial
purposes.
[21]
Because of intervening development and a
new town
project in Peterborough, the present district has a much larger population than the Soke had.
[22]
Politics
[
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]
For
parliamentary
purposes, the city formed a
borough
"by prescription," returning two
Members of Parliament
(MPs) from 1541, with the rest of the Soke being part of
Northamptonshire
parliamentary county. The
Great Reform Act
did not affect the borough, while the rural portion of the Soke was included in the northern division of Northamptonshire. The borough's representation was reduced to one member under the
Redistribution of Seats Act 1885
. In 1918 a new
borough constituency
was formed including the whole of the Soke and neighbouring parts of the administrative county of Northamptonshire. In 1948 the boundaries of the
constituency
were adjusted to correspond to those of the Soke and they remained much the same until 1970.
[23]
In the unreformed
House of Commons
in order to be either a candidate or an elector for a county seat, a man had to own (not rent)
freehold
property valued for the
land tax
at two pounds a year (women could neither vote nor stand for election). This was known as the 40 shilling freehold. The franchise for borough seats varied enormously. Peterborough was one of 37 boroughs in which
suffrage
was restricted to those paying
scot and lot
, a form of municipal taxation. In 1800 there were 2,000 registered voters in Northamptonshire and 400 in Peterborough. By 1835 this had risen to 576, or about one per cent of the population.
[24]
The
Fourth Reform Act
widened suffrage by abolishing practically all property qualifications for men and by enfranchising women over 30 who met minimum property qualifications. This system, known as
universal manhood suffrage
, was first used in the
1918 general election
.
See also
[
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]
References
[
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]
- ^
Britton, John
and
Brayley, Edward Wedlake
The Beauties of England and Wales
J. Harris, London, 1818
- ^
Background information
Archived
16 May 2008 at the
Wayback Machine
Diocese of Peterborough (Retrieved 2 May 2009)
- ^
"Bishop Donald becomes Assistant Bishop in the Diocese of Ely"
. Diocese of Peterborough
. Retrieved
1 June
2018
.
- ^
Old Gaol, known as 'Sessions House'
Hidden Heritage (Retrieved 19 December 2009)
- ^
Lewis, Samuel
Peterborough (St. John the Baptist)
Topographical Dictionary of England
(7th ed.) vol.3 (pp.558?564) S. Lewis & Co., London, 1848
- ^
Incorporation of Peterborough: Report of the enquiry held at the New Hall by Major Donnelly
J.S. Clarke, Peterborough, 1873.
- ^
Peterborough with Longthorpe and Newark
Archived
28 September 2007 at the
Wayback Machine
Kelly's Directory of Northamptonshire
(pp.233?244) Kelly & Co., London, 1903
- ^
Schedule 2 of the
Justices of the Peace Act 1949
(12, 13 & 14 Geo. VI c.101)
- ^
The Soke of Peterborough and the Liberty Quarter Sessions
[
permanent dead link
]
Commemorating 100 years of service of the Peterborough Police 1857?1957
(pp.6?8) Peterborough Combined Police Force, 23 May 1957. See also Gaches, Louis Bingham
History of the Liberty of Peterborough and the jurisdiction of the justices of gaol delivery for the Hundred of Nassaburgh
a reprint of articles published in
Fenland Notes and Queries
Geo. C. Caster, Peterborough, 1905
- ^
The Times
London, 7 August 1888, see
Cecil Family, Marquess of Exeter
Archived
16 September 2007 at the
Wayback Machine
Peterborough City Council (Retrieved 22 September 2007)
- ^
Brabner, J.H.F. (ed.)
Northamptonshire or Northampton
The Comprehensive Gazetteer of England and Wales
vol.4 William Mackenzie, London, 1895
- ^
Walton, Jemma
Meet Peterborough's Volunteer Fire Brigade team
Peterborough Evening Telegraph, 26 July 2007
- ^
Granted and assigned by
Letters Patent
sealed by Garter, Clarenceux and Norroy & Ulster Kings of Arms dated 10 November 1950
- ^
Scott-Giles, Charles Wilfrid
(1953).
Civic Heraldry of England and Wales
(2nd ed.). London: J.M. Dent & Sons.
- ^
A vision of the Soke of Peterborough
A vision of Britain through time
Great Britain Historical GIS Project, University of Portsmouth, Department of Geography (Retrieved 8 May 2007)
- ^
Because of the
Second World War
, there was no census taken in 1941. However, following the passage into law (on 5 September) of the
National Registration Act 1939
, a population count was carried out on 29 September, which was, in effect, a census
- ^
The Huntingdon and Peterborough Order 1964 (SI 1964/367), see
Local Government Commission for England (1958?1967)
,
Report and Proposals for the East Midlands General Review Area
(Report No.3), 31 July 1961 and
Report and Proposals for the Lincolnshire and East Anglia General Review Area
(Report No.9), 7 May 1965
- ^
Local Government Boundary Commission (1945 - 1949)
,
Report for the Year 1946
, 3 April 1947 and
Report for the Year 1947
, 11 March 1948
- ^
The English Non-metropolitan Districts (Definition) Order 1972
(SI 1972/2039) Part 5: County of Cambridgeshire, see
Local Government Boundary Commission for England
- ^
Cambridgeshire County Council
Civic Heraldry of England and Wales
Compiled by Robert Young (Retrieved 12 May 2007)
- ^
The Cambridgeshire (City of Peterborough) (Structural, Boundary and Electoral Changes) Order 1996
(SI 1996/1878), see
Local Government Commission for England (1992)
,
Final Recommendations for the Future Local Government of Cambridgeshire
, October 1994 and
Final Recommendations on the Future Local Government of Basildon & Thurrock, Blackburn & Blackpool, Broxtowe, Gedling & Rushcliffe, Dartford & Gravesham, Gillingham & Rochester upon Medway, Exeter, Gloucester, Halton & Warrington, Huntingdonshire & Peterborough, Northampton, Norwich, Spelthorne and the Wrekin
, December 1995
- ^
Peterborough's boundaries: 'Bring back the old Soke'
Peterborough Evening Telegraph, 24 November 2009
- ^
Youngs, Frederic A.
Guide to the Local Administrative Units of England
Volume II: Northern England (Part III: Parliamentary Constituencies) Royal Historical Society, London, 1991
- ^
Knight, Charles
Peterborough in 1840
Old Towns of England
Originally published in
The Penny Magazine
by The Society for the Diffusion of Useful Knowledge
External links
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