of the Rights and Possessions of the Earldom of Hereford to the Dutchy of Lancaster. These Possessions of the Earl of Hereford descended to Henry V. as Heir to his Mother, who was the Daughter and Heiress of Humphry Bohun, Earl of Hereford, Essex and Northumberland, and Constable of England: And without this Act the King would have been seized thereof in Jure Coronæ; therefore this Act was necessary to sever them from the Crown, which was done by annexing them to the Dutchy of Lancaster, which had been severed before.
This Act is immediately followed by 3 Hen. V. confirming the King's Letters Patent, respecting the Dutchy of Lancaster and its Stewards; which provides, that the Stewards of the said Dutchy shall be Justices of Peace within their Circuit; and that no Grant of any thing from the said Dutchy would pass but under the usual Seal.
For the better understanding these Statutes, it is to be observed with regard to the Dutchy of Lancaster, that it was first erected into a County Palatine[1] by the 50 Ed. III. who honoured his Son John of Gaunt with it for the Term of his Life. It afterwards descended to Henry IV. in Right of his Mother. This politic Prince knew that his Title to the Dutchy was sure and indefeazible, and that he should be seized thereof as King, not as Duke: He knew likewise, that his regal Title was unjustly founded, and that he held the Scepter by a precarious Tenure; therefore, to avoid involving his patrimonial with his regal Rights, he very prudently passed a Charter by Authority of Parliament, by which the Possessions of the Dutchy were severed from the Crown; and thus it continued for some Time. But it is said, that the Possessions of the Duke of Lancaster were not made a Ducatus until the 2 Hen. V. for in the Parliament Roll of this Year, it is entered Quod figilla pro ducatu Lancastriæ allocentur, and that it should be governed per mintstros ducatus [2].
The next memorable Statutes relative to this Dutchy, are two Acts passed in the 1 Edw. IV. being, among other Things, Acts of Forfeiture and Attainder against Henry VI. his Queen Margaret, and a great Number of Noblemen and Gentlemen of the Lancastrian Party. By these Acts the Dutchy of Lancaster and the County Palatine are united, being assured to Edw. IV. and his Heirs, Kings of England: And this was necessary, for without a Saving Statute, the County Palatine might have determined by the Attainder. Before these Ads, the Dutchy and the County Palatine were distinct Bodies, but they are hereby made one; and a Superiority is given to the Dutchy, as the supreme Name of Corporation. It is curious to observe in the Recitals to the first of these Acts, how minutely every Circumstance of Devastation and Cruelty, necessarily attendant on Civil Wars, is here enumerated and imputed wholly to the vanquished Party.
- ↑ Counties Palatine are certain Counties which have Jura Regalia for the Administration of Justice, &c. within themselves. They are either by Prescription, such as Chester; or by Statute, as this of Lancaster. These Palatinates had their Foundation in good Policy; for it is reasonably supposed, that Lancaster, Durham and Chester were so made, because they were adjacent to Enemies Countries, viz. the two first to Scotland, and Chester to Wales. So that the Inhabitants having Administration of Justice at home, and not being obliged to attend other Courts, those Parts were not left destitute of Men, who might secure the Country from Incursions. The Power of these Counties Palatine was antiently very exorbitant, but was greatly abridged by 27 Hen. 8. c. 24.
- ↑ See 4 Inst. 204. 1 Vent. 157.
