It must be remembered that the County Palatine and Duchy of Lancaster
are not identical, as the latter comprises many places which are not
in Lancashire, but are scattered over fourteen counties in England and
Wales. The Duchy of Lancaster was held by Henry IV. as heir to his
father, but his right to the Crown of England was by no means of such
an indefeasible character. To remedy this defect, the King obtained
several Acts of Parliament, declaring that neither the inheritance
of his Duchy of Lancaster nor its liberties should be affected in
consequence of his having assumed the royal dignity; also that all
ecclesiastical benefices in the county should be conferred by himself
or his heirs; that the right of succession to the duchy after his
death should belong to his eldest son, Henry, Prince of Wales, and his
heirs, or, in default of such heirs, to his second son, Thomas.[90]
He also established the duchy court of Lancaster, which was held at
Westminster.[91] The county also held its Star Chamber, the decrees of
which were certainly not in accordance with the provisions of Magna
Charta. This court, with others of the same character, was abolished in
1640-41 by Act of Parliament. Henry V., who succeeded to the dukedom,
confirmed all that his father had done respecting the duchy. Henry VI.,
being pressed for money, mortgaged the revenues of his duchies of
Lancaster and Cornwall for a term of five years, and on their reverting
to the Crown in 1460-61, several new officers were appointed--amongst
others, a chancellor, a receiver-general, an attorney-general for the
duchy, and one for the county palatine.[92]
In 1461 Edward IV. obtained an Act of Parliament "for incorporating and
also for confiscating the Duchy of Lancaster to the Crown of England
for ever," and since then the ruling monarch has held the duchy with
all its liberties and privileges. In the time of Philip and Mary, in an
Act for enlarging the duchy, it is styled "one of the most Princeliest
and Stateliest peeces of our Sovereigne Ladie, the Queenes, auncyent
inheritance."
From the time of the creation of the palatinate, all justices of
assize, of gaol-delivery, and of the peace, have been made under the
seal of the county palatine, as are also the sheriffs for the county;
an almost complete list of the latter from A.D. 1156 to the
present time has been preserved.[93]
Public-domain text, read in full here on John Shaqi.
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