County Palatine of Durham
Encyclopedia
The County Palatine
of Durham
was an area in the North of England
that was controlled by the Bishop of Durham.
under the control of the Bishop of Durham. The liberty was also known variously as the "Liberty of St Cuthbert's Land", "The lands of St. Cuthbert between Tyne and Tees" or "The Liberty of Haliwerfolc".
The bishops' special jurisdiction was based on claims that King Ecgfrith of Northumbria
had granted a substantial territory to St Cuthbert
on his election to the see
of Lindisfarne
in 684. In about 883, a cathedral housing the saint's remains was established at Chester-le-Street
and Guthfrith, King of York
granted the community of St Cuthbert the area between the Tyne
and the Wear
. In 995 the see was moved again to Durham.
, the administrative machinery of government was only slowly extended to northern England. In the twelfth century a shire or county of Northumberland
was formed, and Durham was considered to be within its bounds. However the authority of the sheriff of Northumberland and his officials was disputed by the bishops. The crown still regarded Durham as falling within Northumberland until the late thirteenth century. Matters came to a head in 1293 when the bishop and his steward failed to attend proceedings of quo warranto
held by the justices of Northumberland. The bishops' case was heard in parliament, where he stated that Durham lay outside the bounds of any English shire and that "from time immemorial it had been widely known that the sheriff of Northumberland was not sheriff of Durham nor entered within that liberty as sheriff. . . nor made there proclamations or attachments". The arguments appear to have been accepted, as by the fourteenth century Durham was accepted as a liberty which received royal mandates direct. In effect it was a private shire, with the bishop appointing his own sheriff
. The area eventually became known as the "County Palatine
of Durham".
The term palatinus is applied to the bishop in 1293, and from the 13th century onwards the bishops frequently claimed the same rights in their lands as the king enjoyed in his kingdom.
in 1346, the Prior of the Abbey at Durham received a vision of Cuthbert, ordering him to take the corporax cloth of the saint and raise it on a spear point near the battlefield as a banner. Doing this, the Prior and his monks found themselves protected "by the mediation of holy St Cuthbert and the presence of the said holy Relic." Whether the story of the vision is true or not, the banner of St Cuthbert was regularly carried in battle against the Scots until the Reformation
, and it serves as a good example of how St Cuthbert was regarded as a protector of his people.
was a liberty
, sometimes referred to as a county, within Northumberland. In 1189 it was purchased for the see but continued with a separate sheriff
, coroner
and court of pleas. In the 14th century Sadberge was included in Stockton
ward and was itself divided into two wards. The division into the four wards of, Chester-le-Street, Darlington
, Easington
and Stockton existed in the 13th century, each ward having its own coroner and a three-weekly court corresponding to the hundred
court. The diocese
was divided into the archdeacon
ries of Durham and Northumberland. The former is mentioned in 1072, and in 1291 included the deaneries of Chester-le-Street, Auckland, Lanchester
and Darlington.
At its historic
extent, Durham included a main body covering the Catchment
of the Pennines
in the west, the River Tees
in the south, the North Sea
in the east and the Rivers Tyne
and Derwent
in the north. The county had a number of exclaves: Bedlingtonshire
, Islandshire
and Norhamshire
within Northumberland, and Craikshire
within the North Riding of Yorkshire. In 1831 the county covered an area of 679530 acres (2,750 km²) and had a population of 253,910.
The historic boundaries were used for parliamentary purposes until 1832, and for judicial and local government purposes until the coming into force of the Counties (Detached Parts) Act 1844
, which merged most remaining exclaves with their surrounding county.
Until the 15th century the most important administrative officer in the palatinate was the steward
. Other officers were the sheriff, the coroners, the Chamberlain
and the chancellor
. The palatine exchequer was organized in the 12th century. The palatine assembly represented the whole county, and dealt chiefly with fiscal questions. The bishops council, consisting of the clergy
, the sheriff and the baron
s, regulated the judicial affairs, and later produced the Chancery
and the courts of Admiralty and Marshalsea
.
Durham city
was captured by a Norman
army in 1069. There was a rebellion against the new Norman earl Robert de Comines, who was killed. However, County Durham largely missed the Harrying of the North
that was designed to subjugate such rebellions.
The best remains of the Norman period are to be found in Durham Cathedral
and in the castle
, also in some few parish
churches, as at Pittington and Norton in Stockton. Of the Early English period
are the eastern portion of the cathedral, the churches of Darlington, Hartlepool, and St Andrew, Auckland, Sedgefield, and portions of a few other churches.
The prior
of Durham ranked first among the bishop's barons. He had his own court, and almost exclusive jurisdiction over his men. There were ten palatinate barons in the 12th century, the most important being the Hyltons
of Hylton Castle
, the Bulmers of Brancepeth
, the Conyers of Sockburne, the Hansards of Evenwood, and the Lumleys
of Lumley Castle
. The Nevilles owned large estates in the county. Raby Castle
, their principal seat, was rebuilt by John Neville, 3rd Baron Neville de Raby
in 1377.
Edward I
's quo warranto
proceedings of 1293 showed twelve lords enjoying more or less extensive franchises under the bishop. The repeated efforts of the Crown
to check the powers of the palatinate bishops culminated in 1536 in the Act of Resumption, which deprived the bishop of the power to pardon offences against the law or to appoint judicial officers. Moreover, indictments and legal processes were in future to run in the name of the king, and offences to be described as against the peace of the king, rather than that of the bishop. In 1596 restrictions were imposed on the powers of the chancery, and in 1646 the palatinate was formally abolished. It was revived, however, after the Restoration
, and continued with much the same power until July 5, 1836, when the Durham (County Palatine) Act 1836
provided that the palatine jurisdiction should in future be vested in the crown. Doubts about the construction of this Act led to the enactment of the Durham County Palatine Act 1858
.
During the Wars of the Roses
, Henry VI
passed through Durham. On the outbreak of the Great Rebellion
Durham inclined to support the cause of the Parliament
, and in 1640 the high sheriff of the palatinate guaranteed to supply the Scottish
army with provisions during their stay in the county. In 1642 the Earl of Newcastle formed the western counties into an association for the kings service, but in 1644 the palatinate was again overrun by the Scottish army, and after the Battle of Marston Moor
fell entirely into the hands of the parliament.
In 1614 a bill
was introduced in parliament for securing representation to the county and city of Durham and the borough of Barnard Castle
. The movement was strongly opposed by the bishop, as an infringement of his palatinate rights, and the county was first summoned to return members to parliament in 1654. After the Restoration the county and city returned two members each. By the Reform Act
of 1832 the county returned two members for two divisions, and the boroughs of Gateshead
, South Shields
and Sunderland acquired representation. The boroughs of Darlington, Stockton and Hartlepool
returned one member each from 1868 until the Redistribution Act of 1885.
was abolished by section 2 of the Durham (County Palatine) Act 1836
.
The Court of Chancery of the County Palatine of Durham and Sadberge
was abolished by the Courts Act 1971
.
The Court of Common Pleas of the County Palatine of Durham was abolished by the Supreme Court of Judicature Act 1873
.
County palatine
A county palatine or palatinate is an area ruled by an hereditary nobleman possessing special authority and autonomy from the rest of a kingdom or empire. The name derives from the Latin adjective palatinus, "relating to the palace", from the noun palatium, "palace"...
of Durham
Durham
Durham is a city in north east England. It is within the County Durham local government district, and is the county town of the larger ceremonial county...
was an area in the North of England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
that was controlled by the Bishop of Durham.
Liberty of Durham
The territory was originally the Liberty of DurhamLiberty of Durham
The Liberty of Durham was a Saxon regional division of the North of England under the control of the Bishop of Durham.The liberty was known variously as the "Liberty of Durham", "Liberty of St Cuthbert's Land" "The lands of St. Cuthbert between Tyne and Tees" or "The Liberty of Haliwerfolc". The...
under the control of the Bishop of Durham. The liberty was also known variously as the "Liberty of St Cuthbert's Land", "The lands of St. Cuthbert between Tyne and Tees" or "The Liberty of Haliwerfolc".
The bishops' special jurisdiction was based on claims that King Ecgfrith of Northumbria
Ecgfrith of Northumbria
King Ecgfrith was the King of Northumbria from 670 until his death. He ruled over Northumbria when it was at the height of its power, but his reign ended with a disastrous defeat in which he lost his life.-Early life:...
had granted a substantial territory to St Cuthbert
Cuthbert of Lindisfarne
Saint Cuthbert was an Anglo-Saxon monk, bishop and hermit associated with the monasteries of Melrose and Lindisfarne in the Kingdom of Northumbria, at that time including, in modern terms, northern England as well as south-eastern Scotland as far as the Firth of Forth...
on his election to the see
Episcopal See
An episcopal see is, in the original sense, the official seat of a bishop. This seat, which is also referred to as the bishop's cathedra, is placed in the bishop's principal church, which is therefore called the bishop's cathedral...
of Lindisfarne
Lindisfarne
Lindisfarne is a tidal island off the north-east coast of England. It is also known as Holy Island and constitutes a civil parish in Northumberland...
in 684. In about 883, a cathedral housing the saint's remains was established at Chester-le-Street
Chester-le-Street
Chester-le-Street is a town in County Durham, England. It has a history going back to Roman times when it was called Concangis. The town is located south of Newcastle upon Tyne and west of Sunderland on the River Wear...
and Guthfrith, King of York
Guthfrith, King of York
Guthfrith was the king of Northumbria from circa 883 until his death.The first known king of Viking York, Halfdan, was expelled in 877. In c. 883, Symeon of Durham's History of the Kings simply states, "Guthred, from a slave, was made king", but his History of the Church of Durham gives a longer...
granted the community of St Cuthbert the area between the Tyne
River Tyne
The River Tyne is a river in North East England in Great Britain. It is formed by the confluence of two rivers: the North Tyne and the South Tyne. These two rivers converge at Warden Rock near Hexham in Northumberland at a place dubbed 'The Meeting of the Waters'.The North Tyne rises on the...
and the Wear
River Wear
The River Wear is located in North East England, rising in the Pennines and flowing eastwards, mostly through County Durham, to the North Sea at Sunderland.-Geology and history:...
. In 995 the see was moved again to Durham.
Norman Reorganisation
Following the Norman invasionNorman conquest of England
The Norman conquest of England began on 28 September 1066 with the invasion of England by William, Duke of Normandy. William became known as William the Conqueror after his victory at the Battle of Hastings on 14 October 1066, defeating King Harold II of England...
, the administrative machinery of government was only slowly extended to northern England. In the twelfth century a shire or county of Northumberland
Northumberland
Northumberland is the northernmost ceremonial county and a unitary district in North East England. For Eurostat purposes Northumberland is a NUTS 3 region and is one of three boroughs or unitary districts that comprise the "Northumberland and Tyne and Wear" NUTS 2 region...
was formed, and Durham was considered to be within its bounds. However the authority of the sheriff of Northumberland and his officials was disputed by the bishops. The crown still regarded Durham as falling within Northumberland until the late thirteenth century. Matters came to a head in 1293 when the bishop and his steward failed to attend proceedings of quo warranto
Quo warranto
Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.-History:...
held by the justices of Northumberland. The bishops' case was heard in parliament, where he stated that Durham lay outside the bounds of any English shire and that "from time immemorial it had been widely known that the sheriff of Northumberland was not sheriff of Durham nor entered within that liberty as sheriff. . . nor made there proclamations or attachments". The arguments appear to have been accepted, as by the fourteenth century Durham was accepted as a liberty which received royal mandates direct. In effect it was a private shire, with the bishop appointing his own sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
. The area eventually became known as the "County Palatine
County palatine
A county palatine or palatinate is an area ruled by an hereditary nobleman possessing special authority and autonomy from the rest of a kingdom or empire. The name derives from the Latin adjective palatinus, "relating to the palace", from the noun palatium, "palace"...
of Durham".
The term palatinus is applied to the bishop in 1293, and from the 13th century onwards the bishops frequently claimed the same rights in their lands as the king enjoyed in his kingdom.
St Cuthbert and the haliwerfolc
During the medieval period, St Cuthbert became politically important in defining the identity of the people living in the semi-autonomous region. Within this area the saint became a powerful symbol of the autonomy the region enjoyed. The inhabitants of the Palatinate became known as the haliwerfolc, which roughly translates as "people of the saint", and Cuthbert gained a reputation as being fiercely protective of his domain. For example, there is a story that at the Battle of Neville's CrossBattle of Neville's Cross
The Battle of Neville's Cross took place to the west of Durham, England on 17 October 1346.-Background:In 1346, England was embroiled in the Hundred Years' War with France. In order to divert his enemy Philip VI of France appealed to David II of Scotland to attack the English from the north in...
in 1346, the Prior of the Abbey at Durham received a vision of Cuthbert, ordering him to take the corporax cloth of the saint and raise it on a spear point near the battlefield as a banner. Doing this, the Prior and his monks found themselves protected "by the mediation of holy St Cuthbert and the presence of the said holy Relic." Whether the story of the vision is true or not, the banner of St Cuthbert was regularly carried in battle against the Scots until the Reformation
English Reformation
The English Reformation was the series of events in 16th-century England by which the Church of England broke away from the authority of the Pope and the Roman Catholic Church....
, and it serves as a good example of how St Cuthbert was regarded as a protector of his people.
Sadberge
SadbergeSadberge
Sadberge is a village in the borough of Darlington and ceremonial county of County Durham, England. It is situated between Darlington and Stockton-on-Tees. The village of Sadberge was once the Wapentake of the Viking settled area north of the Tees known as the Earldom of Sadberge which stretched...
was a liberty
Liberty (division)
Originating in the Middle Ages, a liberty was traditionally defined as an area in which regalian rights were revoked and where land was held by a mesne lord...
, sometimes referred to as a county, within Northumberland. In 1189 it was purchased for the see but continued with a separate sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
, coroner
Coroner
A coroner is a government official who* Investigates human deaths* Determines cause of death* Issues death certificates* Maintains death records* Responds to deaths in mass disasters* Identifies unknown dead* Other functions depending on local laws...
and court of pleas. In the 14th century Sadberge was included in Stockton
Stockton-on-Tees
Stockton-on-Tees is a market town in north east England. It is the major settlement in the unitary authority and borough of Stockton-on-Tees. For ceremonial purposes, the borough is split between County Durham and North Yorkshire as it also incorporates a number of smaller towns including...
ward and was itself divided into two wards. The division into the four wards of, Chester-le-Street, Darlington
Darlington
Darlington is a market town in the Borough of Darlington, part of the ceremonial county of County Durham, England. It lies on the small River Skerne, a tributary of the River Tees, not far from the main river. It is the main population centre in the borough, with a population of 97,838 as of 2001...
, Easington
Easington (district)
Easington was, from 1974 to 2009, a local government district in eastern County Durham, England. It contained the settlements of Easington, Seaham, Peterlee, Murton, Horden, Blackhall, Wingate and Castle Eden...
and Stockton existed in the 13th century, each ward having its own coroner and a three-weekly court corresponding to the hundred
Hundred (division)
A hundred is a geographic division formerly used in England, Wales, Denmark, South Australia, some parts of the United States, Germany , Sweden, Finland and Norway, which historically was used to divide a larger region into smaller administrative divisions...
court. The diocese
Diocese
A diocese is the district or see under the supervision of a bishop. It is divided into parishes.An archdiocese is more significant than a diocese. An archdiocese is presided over by an archbishop whose see may have or had importance due to size or historical significance...
was divided into the archdeacon
Archdeacon
An archdeacon is a senior clergy position in Anglicanism, Syrian Malabar Nasrani, Chaldean Catholic, and some other Christian denominations, above that of most clergy and below a bishop. In the High Middle Ages it was the most senior diocesan position below a bishop in the Roman Catholic Church...
ries of Durham and Northumberland. The former is mentioned in 1072, and in 1291 included the deaneries of Chester-le-Street, Auckland, Lanchester
Lanchester, County Durham
Lanchester is a village and civil parish in County Durham, England, and was in the former district of Derwentside . It is to the west of the city of Durham and from the former steel town of Consett, and has a population of slightly over 4,000 people.Although there was a small drift mine on the...
and Darlington.
Early administration
Historic counties of England
The historic counties of England are subdivisions of England established for administration by the Normans and in most cases based on earlier Anglo-Saxon kingdoms and shires...
extent, Durham included a main body covering the Catchment
Catchment area (human geography)
In human geography, a catchment area is the area and population from which a city or individual service attracts visitors or customers. For example, a school catchment area is the geographic area from which students are eligible to attend a local school...
of the Pennines
Pennines
The Pennines are a low-rising mountain range, separating the North West of England from Yorkshire and the North East.Often described as the "backbone of England", they form a more-or-less continuous range stretching from the Peak District in Derbyshire, around the northern and eastern edges of...
in the west, the River Tees
River Tees
The River Tees is in Northern England. It rises on the eastern slope of Cross Fell in the North Pennines, and flows eastwards for 85 miles to reach the North Sea between Hartlepool and Redcar.-Geography:...
in the south, the North Sea
North Sea
In the southwest, beyond the Straits of Dover, the North Sea becomes the English Channel connecting to the Atlantic Ocean. In the east, it connects to the Baltic Sea via the Skagerrak and Kattegat, narrow straits that separate Denmark from Norway and Sweden respectively...
in the east and the Rivers Tyne
River Tyne
The River Tyne is a river in North East England in Great Britain. It is formed by the confluence of two rivers: the North Tyne and the South Tyne. These two rivers converge at Warden Rock near Hexham in Northumberland at a place dubbed 'The Meeting of the Waters'.The North Tyne rises on the...
and Derwent
River Derwent, North East England
The River Derwent is a river on the border between County Durham and Northumberland in the north east of England. It broadens into the Derwent Reservoir, west of Consett. The Derwent is a tributary of the River Tyne, which it joins near the MetroCentre...
in the north. The county had a number of exclaves: Bedlingtonshire
Bedlingtonshire
Bedlingtonshire is an area in north east England, consisting solely of the parish of Bedlington. It was an urban district in the county of Northumberland from 1894...
, Islandshire
Islandshire
Islandshire was an area of Northumberland, England, comprising Lindisfarne or Holy Island, plus five parishes on the mainland.It is historically associated with the Bishop of Durham, and was administratively an exclave of County Palatinate of Durham...
and Norhamshire
Norhamshire
Norhamshire was an exclave of County Durham in England. It was first mentioned in 995, when it formed part of the lands of the priory at Lindisfarne...
within Northumberland, and Craikshire
Crayke
Crayke is a village and civil parish in the Hambleton district of North Yorkshire, England, about two miles east of Easingwold.The parish was formerly a detached part of County Durham , due to its connection with St Cuthbert and the Bishop of Durham, who had a castle at Crayke.The seventh-century...
within the North Riding of Yorkshire. In 1831 the county covered an area of 679530 acres (2,750 km²) and had a population of 253,910.
The historic boundaries were used for parliamentary purposes until 1832, and for judicial and local government purposes until the coming into force of the Counties (Detached Parts) Act 1844
Counties (Detached Parts) Act 1844
The Counties Act 1844 , which came into effect on 20 October 1844, was an Act of Parliament of the United Kingdom which eliminated many outliers or exclaves of counties in England and Wales for civil purposes....
, which merged most remaining exclaves with their surrounding county.
Until the 15th century the most important administrative officer in the palatinate was the steward
Steward (office)
A steward is an official who is appointed by the legal ruling monarch to represent him or her in a country, and may have a mandate to govern it in his or her name; in the latter case, it roughly corresponds with the position of governor or deputy...
. Other officers were the sheriff, the coroners, the Chamberlain
Chamberlain (office)
A chamberlain is an officer in charge of managing a household. In many countries there are ceremonial posts associated with the household of the sovereign....
and the chancellor
Chancellor
Chancellor is the title of various official positions in the governments of many nations. The original chancellors were the Cancellarii of Roman courts of justice—ushers who sat at the cancelli or lattice work screens of a basilica or law court, which separated the judge and counsel from the...
. The palatine exchequer was organized in the 12th century. The palatine assembly represented the whole county, and dealt chiefly with fiscal questions. The bishops council, consisting of the clergy
Clergy
Clergy is the generic term used to describe the formal religious leadership within a given religion. A clergyman, churchman or cleric is a member of the clergy, especially one who is a priest, preacher, pastor, or other religious professional....
, the sheriff and the baron
Baron
Baron is a title of nobility. The word baron comes from Old French baron, itself from Old High German and Latin baro meaning " man, warrior"; it merged with cognate Old English beorn meaning "nobleman"...
s, regulated the judicial affairs, and later produced the Chancery
Court of equity
A chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.These courts began with petitions to the Lord Chancellor of England...
and the courts of Admiralty and Marshalsea
Marshalsea
The Marshalsea was a prison on the south bank of the River Thames in Southwark, now part of London. From the 14th century until it closed in 1842, it housed men under court martial for crimes at sea, including those accused of "unnatural crimes", political figures and intellectuals accused of...
.
Durham city
Durham
Durham is a city in north east England. It is within the County Durham local government district, and is the county town of the larger ceremonial county...
was captured by a Norman
Normans
The Normans were the people who gave their name to Normandy, a region in northern France. They were descended from Norse Viking conquerors of the territory and the native population of Frankish and Gallo-Roman stock...
army in 1069. There was a rebellion against the new Norman earl Robert de Comines, who was killed. However, County Durham largely missed the Harrying of the North
Harrying of the North
The Harrying of the North was a series of campaigns waged by William the Conqueror in the winter of 1069–1070 to subjugate Northern England, and is part of the Norman conquest of England...
that was designed to subjugate such rebellions.
The best remains of the Norman period are to be found in Durham Cathedral
Durham Cathedral
The Cathedral Church of Christ, Blessed Mary the Virgin and St Cuthbert of Durham is a cathedral in the city of Durham, England, the seat of the Anglican Bishop of Durham. The Bishopric dates from 995, with the present cathedral being founded in AD 1093...
and in the castle
Durham Castle
Durham Castle is a Norman castle in the city of Durham, England, which has been wholly occupied since 1840 by University College, Durham. It is open to the general public to visit, but only through guided tours, since it is in use as a working building and is home to over 100 students...
, also in some few parish
Parish
A parish is a territorial unit historically under the pastoral care and clerical jurisdiction of one parish priest, who might be assisted in his pastoral duties by a curate or curates - also priests but not the parish priest - from a more or less central parish church with its associated organization...
churches, as at Pittington and Norton in Stockton. Of the Early English period
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
are the eastern portion of the cathedral, the churches of Darlington, Hartlepool, and St Andrew, Auckland, Sedgefield, and portions of a few other churches.
The prior
Prior
Prior is an ecclesiastical title, derived from the Latin adjective for 'earlier, first', with several notable uses.-Monastic superiors:A Prior is a monastic superior, usually lower in rank than an Abbot. In the Rule of St...
of Durham ranked first among the bishop's barons. He had his own court, and almost exclusive jurisdiction over his men. There were ten palatinate barons in the 12th century, the most important being the Hyltons
Baron Hylton
Baron Hylton is a title that has been created twice, once in the Peerage of England and once in the Peerage of the United Kingdom. The first creation came in the Peerage of England 1295 when Robert Hylton was summoned to the Model Parliament as Lord Hylton by writ. His son, Alexander, was called to...
of Hylton Castle
Hylton Castle
Hylton Castle is a ruined stone castle in the North Hylton area of Sunderland, Tyne and Wear, England. Originally built from wood by the Hilton family shortly after the Norman Conquest in 1066, it was later rebuilt in stone in the late 14th to early 15th century...
, the Bulmers of Brancepeth
Brancepeth
Brancepeth is a village and civil parish in County Durham, in England. It is situated about from Durham on the A690 road between Durham and Weardale. Brancepeth Castle was until 1570 the fortress of the Neville Earls of Westmorland. The castle was extensively modified and rebuilt in the 19th century...
, the Conyers of Sockburne, the Hansards of Evenwood, and the Lumleys
Earl of Scarbrough
Earl of Scarbrough is a title in the Peerage of England. It was created in 1690 for Richard Lumley, 2nd Viscount Lumley. He is best remembered as one of the Immortal Seven who invited William of Orange to invade England and depose his father-in-law James II...
of Lumley Castle
Lumley Castle
Lumley Castle is a 14th century quadrangular castle at Chester-le-Street in the North of England, near to the city of Durham and a property of the Earl of Scarbrough. It is a Grade I listed building.-History:...
. The Nevilles owned large estates in the county. Raby Castle
Raby Castle
Raby Castle is situated near Staindrop in County Durham and is one of the largest inhabited castles in England. The Grade I listed building has opulent eighteenth and nineteenth century interiors inside a largely unchanged, late medieval shell. It is the home and seat of John Vane, 11th Baron...
, their principal seat, was rebuilt by John Neville, 3rd Baron Neville de Raby
John Neville, 3rd Baron Neville de Raby
John Neville, 3rd Baron Neville de Raby, KG was born at Castle Raby, County Durham, England to Ralph Neville, 2nd Baron Neville de Raby and Alice de Audley. He fought in the Battle of Neville's Cross on 17 October 1346 as a Captain in his father's division...
in 1377.
Edward I
Edward I of England
Edward I , also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons...
's quo warranto
Quo warranto
Quo warranto is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.-History:...
proceedings of 1293 showed twelve lords enjoying more or less extensive franchises under the bishop. The repeated efforts of the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
to check the powers of the palatinate bishops culminated in 1536 in the Act of Resumption, which deprived the bishop of the power to pardon offences against the law or to appoint judicial officers. Moreover, indictments and legal processes were in future to run in the name of the king, and offences to be described as against the peace of the king, rather than that of the bishop. In 1596 restrictions were imposed on the powers of the chancery, and in 1646 the palatinate was formally abolished. It was revived, however, after the Restoration
English Restoration
The Restoration of the English monarchy began in 1660 when the English, Scottish and Irish monarchies were all restored under Charles II after the Interregnum that followed the Wars of the Three Kingdoms...
, and continued with much the same power until July 5, 1836, when the Durham (County Palatine) Act 1836
Durham (County Palatine) Act 1836
The Durham Act 1836 was an Act of the Parliament of the United Kingdom. Doubts about the construction of this Act led to the enactment of the Durham County Palatine Act 1858.-Repeal:...
provided that the palatine jurisdiction should in future be vested in the crown. Doubts about the construction of this Act led to the enactment of the Durham County Palatine Act 1858
Durham County Palatine Act 1858
The Durham County Palatine Act 1858 is an Act of the Parliament of the United Kingdom.-Preamble:The preamble was repealed by section 9 of, and Part I of the to, the Crown Estate Act 1961....
.
During the Wars of the Roses
Wars of the Roses
The Wars of the Roses were a series of dynastic civil wars for the throne of England fought between supporters of two rival branches of the royal House of Plantagenet: the houses of Lancaster and York...
, Henry VI
Henry VI of England
Henry VI was King of England from 1422 to 1461 and again from 1470 to 1471, and disputed King of France from 1422 to 1453. Until 1437, his realm was governed by regents. Contemporaneous accounts described him as peaceful and pious, not suited for the violent dynastic civil wars, known as the Wars...
passed through Durham. On the outbreak of the Great Rebellion
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...
Durham inclined to support the cause of the Parliament
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
, and in 1640 the high sheriff of the palatinate guaranteed to supply the Scottish
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
army with provisions during their stay in the county. In 1642 the Earl of Newcastle formed the western counties into an association for the kings service, but in 1644 the palatinate was again overrun by the Scottish army, and after the Battle of Marston Moor
Battle of Marston Moor
The Battle of Marston Moor was fought on 2 July 1644, during the First English Civil War of 1642–1646. The combined forces of the Scottish Covenanters under the Earl of Leven and the English Parliamentarians under Lord Fairfax and the Earl of Manchester defeated the Royalists commanded by Prince...
fell entirely into the hands of the parliament.
In 1614 a bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
was introduced in parliament for securing representation to the county and city of Durham and the borough of Barnard Castle
Barnard Castle
Barnard Castle is an historical town in Teesdale, County Durham, England. It is named after the castle around which it grew up. It sits on the north side of the River Tees, opposite Startforth, south southwest of Newcastle upon Tyne, south southwest of Sunderland, west of Middlesbrough and ...
. The movement was strongly opposed by the bishop, as an infringement of his palatinate rights, and the county was first summoned to return members to parliament in 1654. After the Restoration the county and city returned two members each. By the Reform Act
Reform Act 1832
The Representation of the People Act 1832 was an Act of Parliament that introduced wide-ranging changes to the electoral system of England and Wales...
of 1832 the county returned two members for two divisions, and the boroughs of Gateshead
Gateshead
Gateshead is a town in Tyne and Wear, England and is the main settlement in the Metropolitan Borough of Gateshead. Historically a part of County Durham, it lies on the southern bank of the River Tyne opposite Newcastle upon Tyne and together they form the urban core of Tyneside...
, South Shields
South Shields
South Shields is a coastal town in Tyne and Wear, England, located at the mouth of the River Tyne to Tyne Dock, and about downstream from Newcastle upon Tyne...
and Sunderland acquired representation. The boroughs of Darlington, Stockton and Hartlepool
Hartlepool
Hartlepool is a town and port in North East England.It was founded in the 7th century AD, around the Northumbrian monastery of Hartlepool Abbey. The village grew during the Middle Ages and developed a harbour which served as the official port of the County Palatine of Durham. A railway link from...
returned one member each from 1868 until the Redistribution Act of 1885.
Local courts of special jurisdiction
The Court of the County of DurhamCourt of the County of Durham
The Court of the County of Durham was a court that exercised jurisdiction within the County Palatine of Durham. It was abolished, subject to certain savings, on the 5 July 1836.-Abolition:Section 2 of the Durham Act 1836 provided:...
was abolished by section 2 of the Durham (County Palatine) Act 1836
Durham (County Palatine) Act 1836
The Durham Act 1836 was an Act of the Parliament of the United Kingdom. Doubts about the construction of this Act led to the enactment of the Durham County Palatine Act 1858.-Repeal:...
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The Court of Chancery of the County Palatine of Durham and Sadberge
Court of Chancery of the County Palatine of Durham and Sadberge
The Court of Chancery of the County Palatine of Durham and Sadberge was a court of chancery that exercised jurisdiction within the County Palatine of Durham.-Relevant legislation:...
was abolished by the Courts Act 1971
Courts Act 1971
The Courts Act 1971 is an Act of the Parliament of the United Kingdom the purpose of which was to reform and modernise the courts system of England and Wales....
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The Court of Common Pleas of the County Palatine of Durham was abolished by the Supreme Court of Judicature Act 1873
Supreme Court of Judicature Act 1873
The Supreme Court of Judicature Act 1873 was an Act of Parliament by the Parliament of the United Kingdom in 1873...
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