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Palard Coken Englaneter, sheanke, si ha apie Sir Edlatines, yetad full mat higher ranh in sifol. 69.
forain Nations. But there you shall finde Records cited, and Earls made both by Privy Signet and Privy Seal, without the Great Seal. And they were not then meerly titulary, and nominall, without Interest, Power and Judicature, as now they are commonly all, except the Earle of Arundell, who still is a locall feodall Earl, by possession of the Castle, and of some Rapes or Liberties; for the Lord Lumley, not long since for some yeares being possessed thereof, was for such time Earle of Arundell, and that Earledome is confirmed, and so adjudged with his honour and precedency, by the House of Peers entred both in the Parliament, and Court of Honour Rols: and the Royall Grant was, Do tibi Comitatum & tertiam partem proficuorum, unde Comes est. And he made the Sheriffe, or his Vicount, or Deputy: And the County Court was his, and it was an honour and office, both with the County and assignable, the assignee enjoying the County, honour and office, as in Master Seldens Booke is cited in their Patents, and was not so many large words for his. Title and Peerage as is now used.
But in the Reports 9 lacobi of Sir John Davis in the case of the County Palatine, and in the Fourth Part of the Institutes of Sir Edward Coke, of jurisdiction of Courts, of the three County Palatines, yet in England, you may see Acts of Parliament, Judgements and full matter, shewing, That there were Comites Palatini of the first and higher ranke, ... which had in their Territories absolute command in
iń Sir lo. Davis
și Martiall, civill and criminal matters, with all Royalties and Regalities which the second order of titulary or nominall Earls had not, both in the Saxons and, Normans time, long before the title of Duke, Marquesse, or Vicount were there granted. Secondly, Comes Palatinus was Comes Pậlatii, being a chief Councell and Companion to the Emperour or King, Comes Curarum Par extans Curis, solo
conte Emperor Fol. oo. diademate dispar. That in Chester, Durham, Lancaster and Pembroke, were made Earl Palatines, and County Palatines : and in Ireland in Lemster, Earl Strongbow, Sir Hugh de Lacy in Meth, to Sir Hugh de Lacy the younger in Vister. That William Marshall marrying Earl Strongbows daughter, had by her five daughters: So as the Province of Lemster descending to them, it was divided into five Counties, to each of them one County Palatine. That Bracton the ancientest of Lawyers, averres Earl Palatines have regall power
Fol. 62. . in all things saving Liegance to the King; Hugh Lupus by the Conquerour was made Earl Palatine of the County of Chester, as free to the sword, as the King to the Crown, and the Palatine of Chester made Barons, the Baron of Haulton, the Baron of
Malbanck, the Baron of Malpas, the Baron of Kinderton, and in Lancaster, the Baron of Walton in Durham, the Baron of Hilton, and in Meth, Magnates and Barons; Baron de Streene, Baron de Naven, Baron de Baltrim, Baron de la Narron, Baron de Rheban in Kildare ; the Baron Idrone in Caterlogh, the Baron of BurnChurch in Kilkenny, Baron of Nevill in Wexford, Baron of Loughmo in Tiperary, Baron Misset, and Baron Savage in VIster. That these Earles Palatines had Parliaments, made Fol. 67.
try tenures in Capite, and grand Serjancy, and the 06. 07:1 tenants sued out Licence of Alienations, and all Writs and Pleas, Officers, Chancelours, Judges, and that none of the Kings Officers could enter there, or that the Kings Writs, neither at Law or Chancery, did lie or run there, and that the
16 un County Palatine was thereby absolutely severed Sir E., Coke from the Crowne. That the County Palatine of
los Lancaster was created by that of Chester: and to Chester was annexed his conquered small County of Flint in
Wales, and made besides the four above, foure other 21. Barons : Vernon of Saybrook, Hammond de Massi Baron of Durham, and the Barons of Hawardin and Stockport, and in other Antiquities, Cornwall Baron of Burford in Shrop
That any Manors or Lands lying out of the County Palatine if held thereof, and the pleas of the inhabitants there arising shall bee tried within the County Palatine.
Thomas and Hugh Count Palatines both, and both Bishops van pleaded and returned to the Kings Writs: I am a
Lord Royall here, the Kings Writs doe not run here.
The eldest sisters son by descent after her mother was Earl Palatine of Pembroke ; And the Law, Reports, and Abridgements, shew they made Knights, and as Knights were to be impleaded; Divers statutes shew Durham and the Earl Palatines, Mints, Durham pence yet extant. The Earl Palatines had in their
Counties Iura Regalia, as the King had in his
at In the Lord Lovels Case, the name or title of a Sir 1o. Davis Baron is no name of Dignity or addition, 8 H. 6. 10. ono ritort but Earl is parcell of his name, and of the substance of his name, and if it be left out of the Writ, the Writ shall abate, 39 E. 3. 35. the case of Gilbert Vmfrevill Earl of Angus; and 14 E. 3. Brief 278. the case of Hugh de Audley Earle of Gloucestor; yet note Master Burlacy, for not calling the Lord Mohun Lord, but Mohun, was committed to prison ; and note in a Star-chamber Brief the Lord Verulam, his widow
marrying Sir John Vnderhill, was called and charged as my Lady Vnderhill, the late wife of Vicount Verulam, and not being called Vicountesse, the Bill was cast out, and a Fine for dishonour imposed.. is.'
Now there be four other Lord Proprietors that have Palatine jurisdiction granted, and Provinces in the, West-India Isles, Florida and Maryland, and as free as the Bishop of Durham had, but none have a speciall creation of an Earle Palatine, but ours of New Albion : nor have they the Lords with such Additions, Titles, Dignities, and Priviledges, as either Durham or any other had, nor any speciall grant to coin money; in that of Maryland speciall Resort or Soveraign Dominion, which is a Court of Appeal, as in the case of King E. the third, and his son E. in Aquitany, with free fishing, and wood for houses, and to set up fishing stages, is reserved; else all the Lord Proprietors have all the like Royalties and Regalities, and all , these 11 H. 6. in a long Roll particularly expressed, Sir are-confirmed by Parliament to the Bishop of Durham, and so thereby to all the Lord Proprietors. And all of them have a speciall clause to give to the well deserving inhabitants in those Provinces, Titles, Honour and Dignities, so as they be not the same used in England. Now though some question is made whether the other four Lord Proprietors can make Barons or any Knights in their Provinces, because such Honours and Titles of Barons and Knights, are nsed here; but there is no question or doubt in the Province of New Albion, our Lord being an Earle Palatine 16 years standing, as free as Chester and Pembroke, or Lacy, or Strongbow in Ireland, by that second power according to the judged cases in Law and in Parliament, may make Provinciall, locall and fewdall Barons, as the 19 above named, and make Knight Batchelours, though here used, and to have precedency, as others have had heretofore, though his intended order of Knights of the Coversion of Albion is more proper. And for our Earle Palatines Honour and Peerage in Ireland, and to make his proxy in his absence in that House of Peers there, with all such Honor and Titles, of Precedency to him, his Countesse, and children in all places, as an Irish Earl, the special Decree and Clauses in the Charter doth fully warrant it. All the Civilians, Pleaders in the Court of Honour, and two Serjeants of the coife at Law, nine in number, have certified it, and enrolled on record, and is exemplified under the seal; the Barones of Nova Scotia being President in the like case. And note both the King of France, and this our King, have made Barons and Knights, Hollanders, that have precedency there before other the subjects there.