County palatine [fr. Palatium, Lat., a court]. There were three of these counties--Chester, Durham, and Lancaster. The two former were such by immemorial custom; the last was created by Edward III. The Bishop of Durham and the Duke of Lancaster had royal power within their respective counties. They could pardon treasons, murders, and felonies; they appointed judges and magistrates; all writs and indictments ran in their names,and offences were said to be done against their peace and not contra pacem domini regis. The (English) Act (11 Geo. 4 & 1 Wm. 4, c. 70), abolished the Court Session of the County Palatine of Chester, and subjected the county in all things to the jurisdiction of the superior Courts at West-minster. By the (English) Judicature Act, 1925, s. 18, replacing (English) Judicature Act, 1873, s. 16, the jurisdiction of the Court of Common Pleas at Lancaster and of the Court of Pleas at Durham is transferred to the High Courtof Justice. But the jurisdiction of the Chancery Courts of these counties is retained [(English) Judicature Act, 1925, s. 19]. [See In re Conolly Bros., Wood v. ConollyBros., (1911) 1 Ch 731 CA (concurrent proceedings; injunction).] By a number of statutes the practice and proceedings in the Court of Common Pleas and of Chancery, at Lancaster and at Durham, were respectively regulated and made conform-able, in most particulars, to thoseof the superiro Courts. See LANCASTER and DURHAM.
The counties palatine are nowin the hands of the Crown: the jurisdiction of Durham is vested, as a separate franchise and royalty, in the Crown, by 6 & 7 Wm. 4, c. 19; Lancaster was vested in the Crown by Henry IV., separated indeed from the other possessions of the Crown in order and government,but united in point ofinheritance