er, whose heiress John of Gant the
king's son had married; and afterwards confirmed in parliament, to
honour John of Gant himself; whom, on the death of his father-in-law,
he had also created duke of Lancaster[g]. 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 in those counties
_jura regalia_, as fully as the king hath in his palace; _regalem
potestatem in omnibus_, as Bracton expresses it[h]. 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_[i]. 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
sheriff's court or tourn, _contra pacem vice-comitis_[k]. 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 Hexamshire,
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 beforementioned 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[l].

[Footnote f: Seld. tit. hon. 2. 5. 8.]

[Footnote g: Plowd. 215.]

[Footnote h: _l._ 3. _c._ 8. Sec. 4.]

[Footnote i: 4. Inst. 204.]

[Footnote k: Seld. _in Hengham magn._ _c._ 2.]

[Footnote l: 4 Inst. 205.]

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 Henr