County Palatine

A county possessing certain peculiar privileges. The owners of such counties have kingly powers within their jurisdictions, as the pardoning crimes, issuing writs, etc. These counties have either passed into the hands of the crown, or have lost their peculiar privileges to a great degree. 1 Bl. Comm. 117; 4 Bl, Comm. 431. The name is derived from palatium (palace), and was applied because the earls anciently had palaces, and maintained regal state, Cowell; Spelsian; 1 Bl. Comm. 117.

An independent principality in England and Wales of the continental type in which the king's writ did not run. 1 Holdsw. Hist. E. L. 49. In feudal times political power was distributed among the larger landowners, who procured grants to themselves of the new processes and powers of the Curia Regis. Commissioners were sent out (1274) to enquire by what warrant different landowners were exercising their jura regalia. Many franchises were cancelled; the franchises of some remained. The Counties Palatine were Durham, Lancaster and Chester (by prescription). The palatine jurisdiction also existed in Wales and the Stannaries (see Stannary Courts) and in a lesser degree in the liberties of Ely, Pembroke (taken away by 27 Henry VIII. c. 26, § 17) and Hexham and the Universities of Oxford and Cambridge. id. The name was derived from palatinus used on the continent to imply something peculiarly royal. Lapsley, County Palatinate of Durham. Coke says the powers of those that had counties palatinate was Kinglike, for they might pardon treasons, murders, felonies and outlawries and make justices in Eyre, of assize, etc. All writs ran, and criminal process was made, in the name of the person having the County Palatine. 4 Inst. 205. See Courts of the Counties Palatine.

A term bestowed upon certain counties in England, the lords of which in former times enjoyed especial privileges. They might pardon treasons, murders, and felonies. All writs and indictments ran in their names, as in other counties in the king's; and ali offenses were said to be done agninst their peace, and not, as in other places, oontra pacem domini regis. But these privileges have in modem times nearly disappeared.

Defined under County in Black's Law Dictionary.

A term bestowed upon certain counties in England, the lords of which in former times enjoyed especial privileges. They might pardon treasons, murders, ind felonies. All writs and indictments ran in their names, as in other counties in the king’s; and all offenses were said to be done against their peace, and not, as in other places, contra pacem domint regis. ut these privileges have in modern times nearly disappeared.

[L. Lat. comitatus palatinus.] A county in England distinguished by peculiar privileges; and so called from palatium, (a palace,) because its owner, whether duke or earl, had in such county royal prerogatives, (jura regalia,) as fully as the king had in his palace. 4 Inst. 205, 211, 216. There were originally three of these, Chester, Durham and Lancaster, but they are all now in the hands of the crown. Id. ibid. 1 Bl. Com. 116—119. 1 Steph. Com. 120, 121. Sewell's Law of Sheriff, 1. 1 Crabb's Real Prop. 489, § 630.