Since that time no great events in the annals of England have occurred
to disturb the peace of Cheshire. In subsequent chapters we hope to
record the names of many of Cheshire’s illustrious sons, and of the
great and noble families who have shed lustre on the shire. We shall
roam the countryside, see the traces of the great historic past, note
the beauties of the ancestral houses, the half-timbered mansions, the
red-sandstone farms, and if it be our good fortune to have been born
within its borders, one of Cheshire’s “Chief of Men,” feel no little
proud of our heritage.
THE COUNTY PALATINE OF CHESTER: ITS PLACE IN HISTORY
By Henry Taylor (Chester), F.S.A.
That safe guide Stephen’s _Blackstone’s Commentaries on the Laws of
England_, the English law student’s _vade mecum_, in treating of “The
Kingdom of England itself,” says:--
“Three of the English counties, viz. Chester, Durham, and Lancaster,
are called Counties _Palatine_. The two former are such by
prescription or immemorial custom, which dates back at least to the
Norman Conquest. Lancaster was created a County Palatine by Edward the
Third in favour of Henry Plantagenet, Duke of Lancaster, whose heiress
being married to John of Gaunt, the King’s son, the franchise was
greatly enlarged and confirmed in Parliament to honour John of Gaunt
himself.
“Counties Palatine are so called _a palatio_ because the owners
thereof, the Earl of Chester, the Bishop of Durham, and the Duke of
Lancaster, had formerly in those counties _jura regalia_ as fully as
the King in his palace. That is to say, they might pardon treasons,
murders, and felonies; they appointed 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_.
These palatine privileges, so similar to the regal independent
jurisdictions usurped by the great barons on the Continent, during
the weak and infant state of the first feudal kingdoms in Europe,
were in all probability originally granted to the counties of Chester
and Durham because these counties bordered upon inimical countries,
Wales and Scotland; in order that the owners, being encouraged by
so large an authority, might be the more watchful in its defence.
In the twenty-seventh year of Henry the Eighth, however, the powers
before mentioned of the owners of these three counties palatine
were abridged, the reason for their continuance having in a manner
ceased, and in modern times alterations have taken place in regard to
the administration of justice in the counties palatine, which have,
for the most part, assimilated them in that respect to the rest of
England. Thus by the Law Terms Act, 1830, the jurisdiction of the
Court of Session of the County Palatine of Chester was abolished,
and that county was subjected in all things to the jurisdiction of
Public-domain text, read in full here on John Shaqi.
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