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

the Superior Courts of Westminster. And by the Judicature Act, 1873,

the jurisdictions of the Court of Common Pleas of Lancaster and of

the Court of Pleas of Durham were respectively transferred to the

High Court of Justice, by that Act established. None of the counties

palatine any longer remain in the hands of subjects. For the Earldom

of Chester was united to the Crown by Henry the Third, and has ever

since been one of the titles of the monarch’s eldest son; the palatine

jurisdiction of Durham was taken from the Bishop of Durham by the

Durham (County Palatine) Act, 1836 (amended by the Durham Palatine

Act, 1858), and was vested as a separate franchise and royalty in the

Crown; and the County Palatine of Lancaster, with the duchy which had

been conferred on John of Gaunt, was at length, in the year 1485,

vested in King Henry the Seventh and his heirs, as a distinct and

separate inheritance from the Crown of England.”

Of these three Palatinates we must, however, here treat only of

Chester, the eldest of the trio. There were Earls of Chester in Saxon

times, but the establishment of the Palatine County of Chester dates

from the Norman Invasion. Before we proceed to describe its foundation

and history, let us see what Camden, in his quaint way, has to say

about Cheshire and its inhabitants. Quoting Lucian the Monk of Chester,

he remarks:--

“Whoever sets about to describe the manners of the inhabitants of this

County in general, or in particular, according to their situation, he

will find them in comparison with those of other parts of England in

some respects better, in others the same. Their manners seem to be in

the main of the best sort, according to the general idea of manners.

They are sociable in their entertainments, cheerful at meals, liberal

in their hospitality, hasty, but soon brought to temper, impatient

of dependance and bondage, kind to the distressed, compassionate

to the poor, fond of their relations, sparing of labour, free from

resentment, not given to excess in eating, undesigning, fond of

borrowing other people’s property, abounding with woods and pastures,

rich in meat and cattle. They border on one side the Britons, and by

long commerce of manners are become very like them. Nor must I forget

to observe that the County of Chester bounded by Lime (Macclesfield)

Forest from the rest of England enjoys distinguished immunities, and

by the indulgences of our Kings and the great merit of its Earls is

more accustomed to attend on the Sword of its own Prince than on the

Crown of the Sovereign in the assembly of the people, and without

restraint or reserve determine the most important causes within its

own territories. Hence Chester itself is much frequented by Irish, a

neighbour to the Welsh, and plentifully supplied with provisions by

the English; beautifully situated, its gates are of an ancient form

of building; approved by hard experience. It has merited the name of

City by its river and its watch-towers, defended by a watchful guard

of holy men and through the mercy of our Saviour it has always been

preserved by divine assistance.”

The late Professor Freeman has said: “Chester was the last English city

to bow to the Norman invader. After the fall of Chester no integral

part of the English kingdom remained unsubdued. William was full King

over all England.”

Recognising, as the Romans before him had done, that Chester was the

key to Wales, and also that it could be made the headquarters for an

invasion of Ireland, the Norman Conqueror placed a great military

camp there, and in A.D. 1070 granted to his kinsman and follower

Hugh, surnamed Lupus of Avranches (which is situate on the borders of

Normandy and Brittany close by Mont St. Michael), the whole of the

present county of Chester, and as much of the neighbouring parts of

Wales as he could secure, to hold as an independent state inferior to

the Crown of England, “ita libere ad gladium, sicut ipse Rex totam

tenebat Angliam ad coronam,” “as the very words of the Charter do run,”

saith Camden. Which words, says Leycester the Chester antiquary, “some

expound to be the tenure of being Sword-bearer of England, whence we

read in Matthew Paris that when Henry III. married Eleanor of Provence,

A.D. 1236, the marriage was pompously solemnised, and all the great men

of the kingdom used those offices and places which had of ancient right

belonged to their ancestors at the coronation of the Kings. The Earl

of Chester (John Scot) then carried the Sword of St. Edward (which is

called Curtein) before the King in token that he was an Earl Palatine

and had power by right to restrain the King if he should do amiss, his

Constable of Cheshire attending on him.

“But although this office might have of ancient right belonged to the

Earls of Chester ever since the time of Hugh Lupus, yet I believe

there is something more magnificent couched in these words of the

first Charter or donation--namely, a dignity inherent in the Sword,

as purchased by it, and to be kept by it also; for as in the Crown of

England there is an inherent right of regality annexed, so here is

given an inherent right of dignity in the Sword. This is to hold as

freely by the Sword as the King holds by the Crown, only inferior to

the King. Hence was it that whatsoever we say concerning the pleas of

the Crown or to be done against the King’s Crown and Dignity, the same

is also said (but in a more limited sense) concerning the pleas of

the Sword of Chester, or against the Sword and Dignity of the Earl of

Chester, as is most evident out of the records and indictments of those

times.”

Memorials of old Cheshire · 第 24 / 195 题