regalia, as fully as the king hath in his palace; regalem poteſtatem in omnibus, as Bracton expreſſes it[1]. They might pardon treaſons, murders, and felonies; they appointed all judges and juſtices of the peace; all writs and indictments ran in their names, as in other counties in the king’s; and all offences were ſaid to be done againſt their peace, and not, as in other places, contra pacem domini regis[2]. And indeed by the antient law, in all peculiar juriſdictions, offences were ſaid 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 ſeriff’s court or tourn, contra pacem vice-comitis[3]. Theſe palatine privileges were in all probability originally granted to the counties of Cheſter and Durham, becauſe they bordered upon enemies countries, Wales and Scotland; in order that the owners, being encouraged by ſo large an authority, might be the more watchful in it’s defence; and that the inhabitants, having juſtice adminiſtered at home, might not be obliged to go out of the county, and leave it open to the enemies incurſions. 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 ſince given title to the king’s eldeſt ſon. And the county palatine, or duchy, of Lancaſter was the property of Henry of Bolinbroke, the ſon of John of Gant, at the time when he wreſted
