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and not, as in other places, contra pacem domini regis *. And indeed by the antient law, in all peculiar jurifdictions, offences were faid to be done against his peace in whose court they were tried: in a court-leet, contra pacem domini; in the court of a corporation, contra pacem ballivorum: in the sheriff's court or tourn, contra pacem vice-comitis. These palatine privileges (so similar to the regal independent jurifdictions ufurped by the great barons on the continent, during the weak and infant state of the first feodal kingdoms in Europe 3) were in all probability originally granted to the counties of Chester and Durham, because they bordered upon inimical countries, Wales and Scotland: in order that the inhabitants having juftice administered at home, might not be obliged to go out of the county, and leave it open to the enemy's incursions; and that the owners being encouraged by fo large an authority, might be the more watchful in its defence. And upon this account also there were formerly two other counties palatine, Pembrokeshire and Hexhamshire; the latter now united with Northumberland: but these were abolished by parliament, the former in 27 Hen. VIII, the latter in 14 Eliz. And in 27 Hen. VIII, likewise, the powers before mentioned of owners of counties palatine were abridged; the reason for their continuance in a manner ceasing: though still all writs are witnessed in their names, and all forfeitures for treason by the common law accrue to them 4.

Of these three, the county of Durham is now the only one remaining in the hands of a subject. For the earldom of Chester, as Camden testifies, was united to the crown by Henry III, and has ever finçe given title to the king's eldest son. And the county palatine, or duchy, of Lancaster was the property of Henry of Bolingbroke, the son of John of Gant, at the time when he wrefted the crown from king Richard II, and assumed the stile of king Henry IV. But he was too prudent to suffer this to be united to the crown; left if he loft one, he should lose the other alfo. For, as Plowden 4 and fir Edward Coke observe, " he knew he had the duchy of Lancaster by "fure and indefeasible title, but that his title to the "crown was not so afsured: for that after the de" cease of Richard II the right of the crown was in "the heir of Lionel duke of Clarence, second son of Edward III; John of Gant, father to this "Henry IV, being but the fourth fon." And therefore he procured an act of parliament, in the first year of his reign, ordaining that the duchy of Lancafter, and all other his hereditary estates, with all their royalties and franchises, should remain to him and his heirs for ever; and should remain, descend, be administered, and governed, in like manner as if he never had attained the regal dignity: and thus they defcended to his fon and grandson, Henry V and Henry VI; many new territories and privileges being annexed to the duchy by the former. Henry VI being attainted in 1 Edw. IV, this duchy was declared in parliament to have become forfeited to the crown, and at the same time an act was made to incorporate the duchy of Lancaster, to continue the county palatine (which might otherwise have determined by the attainder,) and to make the fame parcel of the duchy: and, farther, to vest the whole in king Edward IV and his heirs, kings of England, for ever; but under a separate guiding and governance from the other inheritances of the crown. And in 1 Hen. VII another act was made, to refume such part of the duchy lands as had been dismembered from it in the reign of Edward IV, and to vest the inheritance of the whole in the king and his heirs for ever, as amply and largely, and in like manner, form, and condition, separate from the crown of England and poffeffion of the fame, as the three Henries and Edward IV, or any of them, had and held the fame 9.

14 Inst. 204.

2 Seld. in Heng. Magn. c. 2.

3 Robertfon, Cha. V. i. 60. 4 4 Inst. 205.

4215-
5 4 Inst. 205.

Parl. 2 Hen, V. n. 30. 3

Hen. V. n. 15.

7. I Ventr. 155. 81 Ventr. 157

The ifle of Ely is not a county palatine, though sometimes erroneoufly called so, but only a royal franchise: the bishop having, by grant of king Henry the first, jura regalia within the ifle of Ely; whereby he exercises a jurifdiction over all causes, as well criminal as civil°.

There are also counties corporate which are certain cities and towns, some with more, some with less territory annexed to them; to which out of special grace and favour the kings of England have granted the privilege to be counties of themselves, and not to be comprized in any other counties; but to be governed by their own sheriffs and other magiftrates, fo that no officers of the county at large have any power

9 Some have entertained an epinion (Plowd. 220, 1, 2. Lamb. Archeion. 233. 4 Inft. 206.) that by this act the right of the duchy vested only in the natural, and not in the political perfon of king Henry VII, as formerly in that of Henry IV; and was descendible to his natural heirs, independent of the fucceffion to the crown. And,

if this notion were well founded, it might have become a very curious question at the time of the revolution in 1688, in whom the right of the duchy remained after king James's abdication, and previous to the attainder of the pretended prince of Wales. But it is obfervable, that in the fame act the duchy of Cornwall is also vested in king Henry VII and his heirs; which could never be intended in any event to be separated from the inheritance of the crown. And indeed it seems to have been un

VOL. I.

derstood very early after the statute of Henry VII, that the duchy of Lancaster was by no means thereby made a separate inheritance from the rest of the royal patrimony; fince it descended, with the crown, to the half-blood in the instances of queen Mary and queen Elizabeth: which it could not have done, as the estate of a mere duke of Lancaster, in the common course of legal descent.. The better opinion therefore seems to be that of those judges, who held (Plowd. 221) that notwithstanding the statute of Hen. VII (which was only an act of refumption) the duchy still remained as established by the act of Edward IV; feparate. from the other poffeffions of the crown in order and government, but united in point of inheritance.

4 Inst. 220.

to intermeddle therein. Such are London, York Bristol, Norwich, Coventry, and many others. And thus much of the countries subject to the laws of England.

COMMENTARIES

ON THE

LAWS OF ENGLAND..

BOOK THE FIRST.

OF THE RIGHTS OF PERSONS.

CHAPTER THE FIRST.

OF THE ABSOLUTE RIGHTS OF INDIVIDUALS.

THE

HE objects of the laws of England are so very numerous and extensive, that in order to confider them with any tolerable ease and perfpicuity, it will be neceffary to distribute them methodically, under proper and distinct heads; avoiding as much as poffible divisions too large and comprehenfive on the one hand, and too trifling and minute on the other; both of which are equally productive of confufion.

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