Documents on the Duchy of Lancaster

Contents

Duchy of Lancaster case (1561)

1 Plowden 212 =  Edmund Plowden: Commentaries (1792, Dublin; vol. 1., p. 533-557).]

Note: the judges who made the following ruling were:
Sir James Dyer (1510-82, chief justice of the common pleas from 1559 to 1582)
Sir Edward Saunders (1506-76, Dyer's predecessor as Chief Justice and chief baron of the exchequer)
Reynold Corbet (c1510-66, puisne justice of the Queen's bench from 1559 to 1566)
William Rastell (1508-65, justice of the Queen's bench from 1558 to 1562, justice at the court of Lancaster)
Sir Anthony Browne (1509/10-67, puisne justice of the common pleas from 1559 to 1567)
George Freville (d. 1579, baron of the exchequer from 1559 to 1579)
Richard Weston (d. 1572, justice of the common pleas from 1559 to 1572)
Sir Robert Catlin (c1510-74, chief justice of the queen's bench from 1559 to 1574)
Sir Gilbert Gerard (d. 1593, attorney general from 1558 to 1591)
Thomas Carus (c1510-74, queen's serjeant from 1559 to 1567)
Nicholas Powtrell  (justice at the court of Lancaster)
John Caryll, (c1501-66, attorney general of the duchy from 1544 to 1566)
Edmund Plowden (c1518-85, counsel at the court of Lancaster, law reporter)

Case of the Dutchy of Lancaster, at Serjeant's Inn.

A report of the opinions of divers of the judges and others learned in the law hereunder named in a case depending in the court of the Dutchy of Lancaster, wherein many things appear concerning the estate and degree of the said court, and of the lands of the same Dutchy, as well as of the person of the present queen in relation to the Dutchy, and of the kings that have heretofore inherited the Dutchy.

Mich. Term. 4 Eliz.
A lease under the dutchy seal of land parcel of the dutchy made by king Edward 6. within age, to commence after the end of a former lease in esse, is good and not avoidable by reason of his nonage. S. C. Dy. 209. pl. 22, 4 Inst. 209, 210. Crompt. J. C. 134. b. Vin. Abr. tit. Prerogative M. b. 4. pl. 2.

ON the morrow of the term of St. Michael, viz. on the eve of St. Andrew the apostle, in the 4th year of the reign of queen Elizabeth, Dyer chief justice of the common bench, Saunders chief baron of the exchequer, Rastal one of the justices of the king's bench, and also one of the justices of assize in the county palatine of Lancaster, Anthony Brown one of the justices of the common bench, Corbet one of the justices of the king's bench, Weston one of the justices of the common bench, Frevil one of the barons of the exchequer, Carus queen's serjeant, Puttrel serjeant who was the other justice of assize in the said county palatine of Lancaster, Gerard the queen's attorney, Ruswel the queen's sollicitor, Carell apprentice attorney of the Dutchy, and Plowden apprentice who was one of the counsel of the said court, by the queen's command assembled at Serjeant's-inn in Fleet-street, to confer together in order to understand the law in a certain case which was depending in the said court between the queen on the one part, and divers of her subjects severally on the other part, wherein the queen required their resolution upon the matter in law. And the case was delivered to them in writing in this manner. King Henry 8. being seized of certain lands in right of his dutchy of Lancaster, made a lease to W. C. by the advice of the counsel of the said dutchy, and under the dutchy seal, for the term of 21 years, and died, after whose death king Edward 6. by like advice made a lease to R. W. of the same lands for the term of 21 years, to commence immediately after the expiration, forfeiture, surrender, or other determination of the first term, the same king Edward 6. then being within the age of 21 years; The question was, if the present queen shall be bound by this lease made by king Edward 6. or if she shall avoid it by reason of the nonage of the said king Edward 6. And this case was argued in the dutchy chamber in the time of queen Mary, when sir Edward Walgrave knight was chancellor of the dutchy, on a demurrer upon the point between John Scudamore plaintiff and lady Mary Morgan, late wife of sir Richard Morgan knight deceased, late chief justice of the common bench, defendant, upon a lease of lands in the county of Monmouth parcel of the dutchy : But it was not adjudged in the time of queen Mary. And the judges and others abovenamed now considered first what the common law was in this case, and then what was the purport of the statutes made concerning the dutchy, all which they pursued. [213] And this the greatest part of them (as well as sir Robert Cotline chief justice of England who was now sick) had done twice before in Michaelmas term in the second and third years of the present queen, viz. once at the same Serjeant's-Inn, and the other time at Spooner's-Hall in Fleet-Street being there assembled for the same cause, at which places they had debated the matter at large, and by their several arguments at Spooner's Hall they had shewn their opinions. And the greatest part of them then, and all of them now assembled, except Ruswel (who had but little time to consider the matter) unanimously agreed that the queen should not avoid the lease made by king Edward her brother, by reason of his nonage.

For first of all they agreed,
[a: H. 1. Ed. 6. Bro Age 52, 78. Prerogative 132.    B. N. C. s 373.  Kelw. 138 pl. 2. 5 Co 27. 2. 7 Co. 12.2.  Calvin's case.   Co. Littl. 43. a. Pref. to 2 Inst. 1 Rol. Abr. 728. A. 1 Finch 57. 2 Finch 82. 3 Bac. Abr. 123, 305. V. n. Abr. tit. Enfant  A pl. 2. Post 364 (m).]
that by the common law no act which the king does as king shall be defeated by his nonage.
[b: 7 Co. 10. a. Calvin's case. Post 234(a).]
For the king has in him two bodies, viz. a body natural, and a body politic. His body natural (if it be considered in itself) is a body mortal, subject to all infirmities that come by nature or accident, to the imbecility of infancy or old age, and to the like defects that happen to the natural bodies of other people. But his body politic is a body that cannot be seen or handled, consisting of policy and government, and constituted for the direction of the people, and the management of the public-weal, and this body is utterly void
[c: The king is always adjudged in law of full age, and infancy shall not be presumed in him, Crompt. J.C. 134. b. 1 Finch 57. Post 216 (c)]
of infancy, and old age, and other natural defects and imbecilities which the body natural is subject to, and for this cause what the king does in his body politic cannot be invalidated or frustrated by any disability in his natural body. And therefore his letters-patent which give authority or jurisdiction, or which give lands or tenements that he has as king, shall not be avoided by reason of his nonage.
[d: 26 Ass. pl. 54. Fitzl. Enfant 15. Bro. Age 34.]
 And hereupon was alledged what Thorp saith in 26 Ass. that " the king's gift shall not be defeated by his nonage, and so have many peers and sages of the realm said."
[e: M. 6. Ed. 3. 50 pl. 49. Fitz. Droit 24. Age 89. Bro. 34.]
And also it was said, it appears in 6 Ed. 3. that the same king Edward 3. brought a writ of right of a manor, as heir to king Richard, and there it was pleaded that the king was within age, judgment if during his nonage he should be received to this writ, and the exception was not allowed, for which reason the tenant demanded the view and had it. By which cases it appears that the nonage which the king has in his natural body shall not blemish or defeat the ads or suits which he docs or pursues in his body politic.

Further as to the things which he has in his body natural, they took the law to be
[f: S. P. Crompt. J. C. 134 b. 1 Finch 57. 2 Finch 82. Infra (n)]
 that if the king has land by descent on the part of his mother or other ancestor, or which he (when king) purchased in fee in the capacity of his body natural, or which he purchased before he was king, if he (being king) gives them to another during his nonage, such gift by the course of the common law shall never be defeated by reason of his nonage. For although he has or takes the land in his natural body, yet to this natural body is conjoined his body politic, which contains his royal estate and dignity, and the body politic includes the body natural, but the body natural is the lesser, and with this the body politic is consolidated. So that he has a body natural adorned and inverted with the estate and dignity royal, and he has not a body natural distinct and divided by itself from the office and dignity royal, but a body natural and a body politic together indivisible, and these two bodies are incorporated in one person, and make one body and not divers, that is [*: Moor 149] the body corporate in the body natural, et e contra the body natural in the body corporate. So that the body natural by the conjunction of the body politic to it (which body politic contains the office, government, and majesty royal) is magnified, and by the said consolidation hath in it the body politic, for which reason the acts which the king does touching the things that he possesses or inherits in the body natural require the same circumstance and order as the things which he possesses or inherits in the body politic do; for the thing possessed is not of such consideration as to change the nature of the king's person, but the person who possesses it changes the course of the thing possessed.
[g: S. P. 1 Keb. 643. 2 Finch 239.]
 And therefore it was held, that if the king will part with land in fee which he has by descent on the part of his mother, or by some other ancestor who was not king, this shall pass by his letters-patent only without other matter, and without livery of seizin, for he cannot make livery of seizin in his body natural distinct from the body politic, because they are one same body and not divers. So that he cannot do it without doing it as king, and it would be inconvenient and beneath the dignity royal for the law to make the king give livery in proper person to a subject.
[h: M. 38 H. 8. Bro. Patents 101]
And besides livery of seizin is matter of fact, which the king cannot do,
[j: The King cannot take nor part with anything but by matter of record. M. 37. H. 6. 10.b. Fer Choke Dy. 74. pl. 17. 139. pl. 33. Poph. 26.2 Co. 53a. Dr&Stud lib. 1. cap. 8. so. 31.1. Finch 56, 161.2 Finch 82, 83. Post 484, 553, 562. Cowel's Inst. 116.]
for his acts ought to pass by matter of record, which is suitable to his majesty, and therefore the land shall pass by the king's letters-patent only by the course of the common law. And so it has been the practice with regard to the lands which descended to the king from the duke of York, the earl of March, and others of the king's ancestors who never were kings.
[k: Vide M. 37. H.6 10b. Per Choke. T. 7. Ed. 4. 17. Fitz. Feoffments 21. H.29 H. 8. Bro. Faits enrolle 16. Feoffments 69. B.N.C. s110.2 Rol. Abr. 204. Z. pl. 1. 2 Finch 232. Vin. Abr. tit. Prerogative. Z c. pl. 1. in margine. Post 242 (c).]
And also if a man would give land to the king and to his heirs, which he would vest in his body natural, and not in his body politic, the king cannot take this by livery, but it ought to pass to him by deed enrolled or matter of record, causa qua supra.
[l: S.P. Post 243(s), and see the books there cited.]
And if the mother or other ancestor of the king makes a lease for life, rendering rent, with re-entry for default of payment, and dies, so that the reversion descends to the king, if the rent be in arrear, he shall re-enter without demand, for he is not bound by law to make demand in his proper person, causa qua supra:
[m: 5 Co. 52.b. 9 Co. 95.b. Moor 293. 2 Leon 124, 135. 1 Finch 162, 2 Finch 232. Post 229(k).]
But the breach of a condition ought to be found by office before the entry of the king.
[n: see supra (f)]
And so if the king aliens land which he had by descent from his mother, he shall not defeat it by reason that he was within age at the time of the alienation ;
[o: Co. Litt. 43.b. Moor 149, 150. T. Raym. 90. Post 238 (b)]
for his body politic which is annexed to his body natural takes away [214] the imbecility of his body natural, and draws the body natural, which is the lesser, and all the effects thereof to itself which is the greater, quia magis dignum trahit ad se minus dignum. And yet if land descends to the king from his common ancestor, he shall have it by reason of his body natural, for this body is privy to the descent, but the body politic is not privy to this descent. And if the second son of the king purchases land, and aliens it within age, and afterwards the king and his eldest son die, so that the second son becomes king, he may enter for the nonage which was in him before, viz. at the time of the alienation when he was not king, but yet he ought to have an office before his entry to find his title, because his person which had a right of entry before has now the estate royal united to it, which can do nothing without record. But if he had been king at the time of the alienation, he should never have avoided it by reason of his nonage,
[a: 3 Bar Abr. ]
for it would be repugnant to say that he is disabled to make a feoffment or lease, who is admitted and received to govern the realm and the people and all the business of the realm. Then in the principal case here king Henry 4. was son and heir to John a Gaunt who was one of the sons of king Edward 3. and also son and heir to Blanch wife of the said John a Gaunt, who was daughter and heir to Henry duke of Lancaster. So that the dutchy of Lancaster came to the said king Henry 4. by descent on the part of his mother,
[b:Crompt. J.C. 134.b, 135.a. ]
and in this case if he had not afterwards been king, his possessions should have passed by livery and seizin, and attornment, &c. in the same manner as the possessions of other subjects ought to pass.
[c: Crompt. J.C. 135.a.b.]
But after he had deposed king Richard 2. and had assumed upon him the royal estate, and so had conjoined to his natural body the body politic of king of this realm, and was become king, then the possessions of the dutchy of Lancaster were in him as king, and not as duke,
[d: Litt. R. 201.Crompt. J.C. 135a. Post. 217.]
for the name of duke being lower than the name of king, was drowned by the name of king, and by the accession of the estate royal to him who was duke, for the king could not be duke in his own realm, though he might out of it. And in like manner the name of the dutchy, and all the franchises, liberties, and jurisdictions thereof, whilst they were in the hands of him that had the crown and jurisdiction royal, were extinguished by the common law.
[e: Crompt. J.C. 135.b.]
And after that the possession of the dutchy of Lancaster could not pass from king Henry 4. by livery of seizin, but by his letters-patent under the great seal of England, without any livery of seizin or attornment, as the possessions of the dukedom of York, or the earldom of March, or such other possessions, which have descended to the kings of this realm from other ancestors than kings, have used to pass heretofore from the kings of this realm,
[f: Moor 149 arguendo]
and so they should have passed until this day by the common law, if no statute had been made to the contrary. And therefore this grant or alienation of the lands parcel of the dutchy made during his nonage should not be avoided by the common law. And so they took the common law to be in this case. But in order to take away the common law, and to have the dutchy to be a dutchy with liberties to it, as it was before, and to alter the order and degree of the lands of the dutchy, the said king Henry 4. made a charter by authority of parliament, which is entitled Carta Regis Henrici quarti de separatione Ducatus Lancastriae a Corona Auctoritate Parliamenti, anno Regni sui prime, part whereof here follows.
[Charter of H.4. of separation of the lands and possessions of the dutchy of Lancaster from the crown.  Vide 1 Keb. 643. T. Raym. 90. Lutw. 1235, 1236.]

Henricus Dei gratia rex Anglia et Franciae, dominus Hiberniae, omnibus ad quos praesentes litterae perverint salutem. Sciatis quod cum ducatus Lancastriae, ac quam plura alia comitatus, honores, castra, maneria, feoda, possessiones, et dominia, infra regnum nostrum Angliae et Walliae, et alibi, nobis tam per mortem celebris memoria Henrici nuper ducis Lancastriae, avi nostri, ac charissimi domini et Patris nostri Johannis nuper ducis Lancastriae, necnon charissimae dominae et matris nostra Blanciae uxoris ejus, filiae et haredis praedicti Henrici, nobis jure haereditario, antequam ad statum et dignitatem regalem rerum dominus omnium sua ineffabili clementia nos nuperrime evocavit, descenderunt et acciderunt, in quibus quidem ducatu, comitatibus, honoribus, castris, maneriis, possessionibus, et dominiis diversa libertates, jura regalia, consuetudines et franchesiae dictis progenitoribus et antecessoribus nostrist quaedam videlicet eis et haeredibus de corpore suo exeuntibus, et quaedam fibi et haeredibus masculis de corporibus suis exeuntibus, ac quaedam praefato domino et patri nostro ad terminum vitae suae per diversas chartas tam domini Edwardi nuper regis Angliae avi nostri, quam domini Richardi nuper regis Angliae secundi post conquestum, sunt et fuerunt concessa, prout in chartis praedictis apparet, quarum tenores sequuntur in haec verba. Edwardus Dei gratia, &c. Sciatis quod si nos debita consideratione pensantes gestus magnificos cunctorum qui nobis in guerris nostris laudabiliter et strenue servierunt, ipsos desideremus honoribus accollere, et pro veribus juxta merita praemiare, quanto magis filios nostros, quos tam sapientia quam in gestu nobili alios praecellere conspicimus, et qui nobis locum tenuerunt et trnere poterunt potiorem, nos convenit majoribus honoribus et gratiis praerogare ? Considerantes itaque probitatem strenuam et sapentiam praecellentem charissimi filii nostri Johannis regis Castallae et Legionis, ducis Lancasrtiae, qui laboribus et expensis semper se nobis obsequiosum exhibuit pro nobis pluries in necessitatibus intrepide se guerrarum discriminibus exponendo, et volentes eo praetexti ac considerantes eundem filium nostrum aliquali commodo et honore ad praesens (licet non ad plenum prout digna merita exposeunt) remunerare, ex certa scientia nostra et Iaeto corde, de assensu Praelatorum et Procerum in instanti Parliamento nostro apud Westmonasterium convocatorum existentium, concessimus pro nobis et haeredibus nostris praefato filio nostro, quod ipse ad totam vitam suam habeat infra comitatum Lancastriae Cancelleriam suam, ac brevia sua sub sigillo suo pro officio Cancellarii deputanda consignanda, justiciarios suos tam [215] ad placita coronae, quam ad quaecunque alia placita communem legem tangentia, tenenda, ac cognitiones eorundem. et quascunque executiones per brevia sua et ministros suos ibidem faciendas. Et quaecunque alia libertates et jura regalia ad comitatum Palantium pertinentia adeo libere et integre sicut comes Cestriae infra eundem comitatum Cestriae dignosciitur obtinere, &c. Nos nolentes dictam hereditatem nostram, aut libertates ejusdem, occasione instantis assumptionis regalis status et dignitatis nostrae, in aliquo mutari, transferri, diminui, seu derogari, sed eandem haereditatem nosrtam cum juribus et libertatibus suis praedictis eisdem modo et forma, conditione, et statu, quibus nobis descenderunt et revenerunt, ac etiam cum omnibus et singulis talibus  libertatibus et franchesis, ac aliis privilegiis, commoditatibus, et proficuis quibuscunque, quibus praedictus dominus et pater nofter, dum vixit, eam ad terminum vitae suae ex concessione praedicti Richardi nuper regis habuit et tenuit, nobis et dictis haeredibus nostris in dictis chartis specificatis plenarie et integre conservari, continuari, et haberi volumus, ac tenore praesentium ex certa scientia nostra, de assensu praesntis parliamenti nostri concedimus, declaramus, discernimus, et ordinamus pro nobis et haeredibus nostris, quod tam ducatus noster Lancastriae quam universa et singula alia comitatus, honores, castra, maneria, feoda, advocationes, possessiones, annuitates, et dominia quaecunque, nobis ante adeptionem dignitati nostrae regia qualiterrcunque et ubicunque jure haereditario, in dominico, servicio, vel in reversione,  seu alias qualitercunque discensa, nobis et dictis haeredibus nostris in chartis praedictis specificatis in forma praedicta remaneant in perpetuum. [*: See Moor 150 1 Keb 643.]
Et quod taliter, et tali modo, et, per tales officiarios et ministros in omnibus remaneant, deducantur, gubernentur, et pertractentur, sicut remanere, deduci,  gubernari et pertractari, si deberent ad culmen dignitatis regiae assumpti minime fuissemus. Ac insuper quod talia et hujusmodi libertates, jura regalia, consuetudines et franchesiae in ducatu, comitatu, honoribus, castris, maneris, feodis, et caeteris possessionibus, et in dominiis praedictis, in omnibus et per omnia in perpetuum habeantur, exerceantur, continuentur, fiant, et utentur, et per tales officiarios et ministros gubernentur et exequentur, quae et qualia et per quales officiarios et ministros tam tempore dicti domini et patris nostri, quam temporibus aliorum progenitorum et antecessorum nostrorum in dictis ducatu, comitatibus, honoribus, castris, maneriis, feodis, et aliis possessionibus, et dominiis praedictis, uti & haberi ac regi et gubernari consueverunt virtute chartarum praedictis. Volentes ulterius et concedcntes, ac pro nobis et haeredibus nostris praedictis ex certa scientia noftra, et assensu praedictis, plenarie declarantes, quod universi et singuli tenentes de ducatu, comitatu, honoribusy, maneriis, feodis, et aliis possessionibus et dominiis praedictis, et haeredes sui adeo liberi sint, et in omnibus tales adeo liberae et illesae conditiones, tam ingressibus suis in haereditates suas post mortem antecessorum suorum, quam in tenuris suis et aliis quibuscunque, sicut esse posserit et deberent de consuetudine vel de jure, si dicta dignitas nostra regia nobis nusquam accidisset, dicta assumptione nostra dignitatis regiae aut quod ducatus, comitatus, honores, castra, maneria, feoda, advocationes, possessiones, dominia, et libertates praedicta in manu nostra jam exiftunt, seu aliqua interruptione, cessatione, vel discontinuatione libertatum praedictarum, seu aliquibus aliis occasionibus, causis, coloribus, vel impedimentis quibuscunque (quae in contrarium praesentis voluntatis, concessionis, et declarationis nostra rigorem seu effectum aliquem habere nolumus) in aliquo non obstantibus.

By which charter it is ordained that the dutchy of Lancaster and all the possessions thereof shall not be altered or changed by reason that king Henry 4. assumed the royal estate upon him, but that they shall be preserved and continued in the same form, condition, and estate in which they descended and came to him, and shall remain to the same heirs contained in the charters beforementioned, and that they shall so, in such manner, and by such officers and ministers in all points remain, be ordered, governed, and demeaned, as they should have been if he had never been king. So that by thee words the dutchy is a dutchy with the like franchises and liberties as it was before, meerly disjoined from the crown, and from the ministers and officers of the crown, and from the receipt of the revenues of the crown, and from such order of conveyance as the law requires in the passing of the possessions of crown ; for if the king would give any lands parcel of the dutchy to another in fee, or for life, he ought to make livery of seizin, and also upon his grants of the reversion there ought to be attornment, in the same manner as there should have been before he was king. And this is by reason of the words of the charter,
[+: See Moor 150]
quod taliter et tali modo remaneant, deducantur, gubernantur, et pertractentur, sicut remanere, deduci, gubernari, et pertractari deberent, si ad culmen dignitatis regiae assumpti minime fuissemus, and also by reason of the other words in the said charter. Which separation, division, and severance of the dutchy from the crown, and from the receipt and order of the possessions of the crown, seemed to the judges and other the counsellors abovementioned to be a politic scheme of king Henry 4. who well knew that he had the dutchy of Lancaster upon a good and indefeasible title, and that his title to the crown was not so good, and therefore having some distrust that in time to come the crown might be taken from him or his heirs, and being desirous nevertheless that the dutchy should continue to him and his heirs, and knowing at the same time that if the possessions of the dutchy should be mixed with the possessions of the crown, and not be notoriously cut and dissevered from the possessions of the crown, it might be a means of causing the dutchy the sooner to be taken away from him or his heirs, or at least he or his heirs would receive no good by their being mixed with the possessions of the crown, if the crown should be taken from him or his heirs, for these reasons he made the said charter by the authority of parliament, whereby the said reparation is made as is shewn before. But notwithstanding [216] that the possessions of the dutchy ought to be demeaned and ordered and pass as they should before Henry 4. was king, by force of the words of the said charter, yet there is no clause in the charter which makes the person of the king that has the dutchy to he in any other degree than it was before ; but for things which concern his person he shall be in the same estate as he was before. So that if the law before the charter adjudged the person of the king to be of full age, having regard to his gifts as well of the land which he inherits in his body natural as of that which he inherits in right of his crown, so he shall be adjudged with regard to the lands of the dutchy ever since the charter, for the charter extends only to the estate, condition, and order of the lands of the dutchy, but does not reach to the person of the king who has the lands, in points touching his person, nor does it diminish or alter the preheminenccs which the law gives or attributes to the person of the king, but the same continue as well with regard to the possessions of the dutchy of Lancaster, as the lands which come to him from other ancestors.
[a: H. 10. H.4. 7 pl. 5.  Moor 150, S.C. cited but there misprinted (10H.7) Crompt. J.C. 135 a. Post 239.]
And in proof hereof was cited the case in Hill. 10. H 4. 7. which is as follows, viz

" King Henry 4.brought a scire facias against the lord Strange, reciting that a judgment given against Thomas of Lancaster his ancestor, by which he was to forfeit his land, was reversed for certain errors at the suit of Henry of Lancaster, brother and heir of the said Thomas, in a parliament holden in the first year of the king his grandfather, and the said Henry was admitted to inherit to the said Thomas; and he demanded to know if he could say any thing why the manor of M. (whereof the said Thomas was seized at the time of the judgment given, and whereof the lord Strange is now seized) should not be delivered to the king, as cousin and heir of the said Thomas, and the record of the reversal was resident of ancient time in the king's bench. ¶ Horton. judgment of the writ, for the writ saith, quod non omittas propter aliquam libertatem in Balliva tua, which words are used in writs where the king demands as king a thing belonging to his crown: But here he demands execution by his writ, as duke of Lancaster, and not as king, so that these words (non omittas) shall not be put in the writ, wherefore, &c. ¶  Tirwith, Although he demands the manor as parcel of the dutchy of Lancaster, he is the same person that is king, and he cannot sue otherwise than as king. ¶  Huls, The king has such a prerogative, that no officer shall
[b: Post 243(q)]
execute his writ but his own, and although there is a franchise in the county, yet the sheriff is the king's officer, and shall make execution for the king within the franchise and without, wherefore for the king the writ ought not to be otherwise. ¶ Gascoign, By advice we award the writ good."

And this case was cited by Catline chief justice of the king's bench at the first assembly abovementioned at the said Serjeant's-Inn in the said term of St Michael in the 2d & 3d years of the reign of the present queen, and he had a copy of the said writ of scire facias written out of the said record remaining in the king's bench, which he then shewed to the other justices and counsellors, and it was according as it is recited in the case. Which case being adjudged in manner and form aforesaid, then and also now strongly moved them to be and continue of opinion according as it is said above, viz. that the prerogatives which the law attributes to the person of the king hold place as well in relation to the land of the dutchy, as other land which he has or holds in the capacity of his body natural ; and by the same reason the prerogative which the law attributes to the person of the king touching his age, viz.
[c: ante 213(c)]
 that he shall always be judged of full age, and never underage, shall continue with relation to the lands of the dutchy since the said charter, as well as with relation to other lands which he holds in his body natural.
[d: ]
And to this purpose the lord Dyer now vouched a record in Easter term 3 H. 6. Rot. 112. which he said, he and the said Anthony Brown read in the treasury the same day, and the record is to this effect, viz. one Henry Kriveton brought a writ of trespass against Ralf Shirley and four others for breaking his close at Bradley in the county of Derby, and spoiling and consuming his grass and the germins of his wood with their cattle, &c. and declared of a trespass on Sunday next after the feast of St. John Baptist in the tenth year of the reign of king Henry 5. and alledged continuance until the second year of the reign of king. Henry 6. Ralf Shirley pleaded that the place where, &c was a great waste called Bradley-Hey, and that one Joan, who was wife of sir John Basset, knight, was late seized of the manor of Brailsford in her demesn as of fee, and that she and all her anceftors lords of the same manor, and all those whose estate she had in the said manor, had common of pasture in the said waste for all cattle at all times of the year, as appendant to the said manor from time beyond the memory of man, and for so long time used to crop and lay waste with the said cattle the germins of the underwood growing in the said waste. And he shewed that the said Joan died, and that the manor descended to one Ralf being within age, and because the manor was held of the said king as of his dutchy of Lancaster by knight's service, the same king seized the said manor during the nonage of the said heir, and committed it by his letters-patent to a husband and wife during the nonage of the heir, rendering 40 marks rent yearly, the estate of which husband and wife in one messuage and on: yard-land of the said manor the said Ralf Shirley (the defendant) at the time of the trespass had, and now hath, and he prayed in aid of the king, and had it by award before issue joined or plea over. And afterwards the plaintiff obtained [217] a procedendo with the following words in it, viz. dum tamen ad judicium inde reddendum nobis inconsultis nullatenus procedatis; and there was the like plea, and prayer, and procedendo by each of the other four defendants. Which case (it was said) shews us what were the opinions of the judges in the time of king Henry 6, touching the estate of the king's person in relation to the lands of the dutchy, for if they had looked upon him, with regard to those lands, as duke, and so as a common person, and no higher, then should not the defendant have had aid of him before issue joined, any more than he should have of another common person, nor should the plaintiff have had a procedendo with the said clause, viz. dum tamen ad judicium inde reddendum nobis inconsultis nullatenus procedatis. Wherefore notwithstanding the order limited by the charter for the lands of the dutchy, viz. quod taliter et tali mode remaneant, deducantur, gubernentur, et pertractentur, sicut remanere, deduci, gubernari, et pertractari deberent, si ad culmen dignitatis regiae assumpti minime fuissemus, and notwithstanding that these words have been so taken as to make the dutchy lands of the king pass by other order and circumstance than other lands which he inherits in his body natural, yet these cases argue and prove that the person of the king, with regard to the dutchy lands, shall be used, demeaned, have his prerogatives, and be in like estate, as he should have had or been if the charter aforesaid had not been made, altho' the estate and nature of the land is in another degree. And the prerogative which the common law gives to the person of the king to be always of full age, and never within age, is as firmly annexed to him with regard to the dutchy lands, as the prerogative of non omittas, or of not proceeding to issue without aid of him in the case before recited, and nonage is a thing which touches the person more than the land, but the land of the dutchy, and the things which concern it more than the person, shall be demeaned and used as if a common person had held them. And so is the diversity between the estate and degree of the land of the dutchy, and the estate and degree of the person who inherits the land of the dutchy. And altho' the charter and the act make the king to have the dutchy and all the liberties, privileges, and jurisdictions thereof, as they were before in the hands of the duke, yet they don't make the king to be duke of Lancaster, for there is not a word in them to any such purpose, nor can it be reasonably supposed to be the intent of the charter or of the makers of the act to make him so, for the king cannot be duke in his own realm, tho' he may out of it, a it is said before,
[*: Litt. R. 201 Crompt. J.C. 135.a. Ante 214(d)]
for his name and dignity of king merges and drowns the inferior name and dignity of duke within his own realm. And after the charter if a lease had been made of parcel of the dutchy by the name of Henry duke of Lancaster, without other name, it had been void, lor it should have been in the name of Henry 4. king of England And for this reason it is that in leases which the kings haw made of the possessions of the dutchy they have used to call themselves kings, and not dukes. And in offices it is usual to find that the tenant held of the king as of the dutchy of I.ancaster, and it is not well found that he held of the king as duke of Lancaster, for he is not duke, but king. So that the condition of his person and his prerogatives are not to be comprehended or measured by the estate or name of duke, but according to the estate and name of king. And infancy which is a great disability is repugnant to the estate of a king, and altho' the natural body of the king is subject to infancy,
[+: Ante 213(e)]
 yet when the body politic is conjoined with it, and one body is made of them both, the whole body shall have all the properties, qualities, and degrees of the body politic which is the greater and more worthy, and in which there is not nor can be any infancy. So that neither the common law, nor the charter (altho' it be by authority of parliament) gives authority to the king or his heirs to avoid by reason of nonage such leases as he makes during his nonage. Wherefore it seemed to them that the whole intent of king Henry 4. and of the charter and act was only to sever the lands, possessions, privileges, jurisdictions, and hereditaments of the dutchy from the hereditaments of the crown, viz, in survey, order, government, and process, but not in person, so long as by the grace of God the crown and the dutchy should continue and abide together in the blood of the duke of Lancaster, and of the said Blanch mother of the said Henry 4. and that if the crown should afterwards by any means be taken out of the blood of the duke of Lancaster, that yet the said dutchy should continue in the blood of the said duke. So that the intent of the charter may be satisfied without derogating from the person of the king, or destroying the dignity or preheminence which the law attributes to it.

Further they considered the following part of the statute entitled, A Statute touching the Seal of the Dutchy of Lancaster, made in the parliament holden the sixteenth day of March in the third year of the reign of king Henry 5. viz. the commons of England assembled in that parliament delivered a petition in the same parliament in the form following,
" May it please our sovereign lord the king by the assent of the lords spiritual and temporal and of the commons in this present parliament assembled, by authority of the same parliament, to accept, approve, ratify, and grant your letters patent, by you made and granted in your parliament holden at Westminster in the second year of your reign, touching the liberties, customs, and franchises to be used and to continue within your inheritances of your dutchy of Lancaster, and of the counties of Hereford, Essex, and Northampton, and other things comprised in the said letters, [218] according to the effect, tenor, and purport of the same letters, in due form adding and inserting, by your letters, amongst other affairs granted  by you and your heirs, with the assent of the said lords and commons of this same parliament, and by authority of this parliament, for your great profit touching your inheritances aforesaid, and for the better government thereof, and in preservation and sustentation of the aforesaid liberties, customs, and franchises, the clauses and words here following, &c." Moreover we are willing by the assent of the lords spiritual and temporal, and of the commons of this realm of England in our present parliament assembled, and by authority of the same parliament do grant and declare for us and our heirs, that no gifts, grants, pardaons, remissions, or releases which concern or in any case arise, or by any sort of colour may concern or for the future happen or arise touching our inheritances, or any parcel thereof, or the honours, castles, manors, lands, tenements, rents, fees, advowsons, liberties, and franchises to our same inheritances or any parcel thereof in anywise belonging, or touching the wards, wardships, marriages, reliefs, issues, fines, amercements, profits, and commodities, or the officers, and ministers of us our heirs and assigns, of the inheritances aforesaid, whether the said honours, castles, manors, lands, tenements, rents, fees, advowsons, liberties and franchises be in the hands of us, or our said heirs or assigns, or in the hands of others whomsoever by grant or feoffment of us, or of our same heirs or assign thereof made or to be made for term of life, or years, or in fee, or in any otherwise whatsoever, to the use of us or our heirs or assigns, shall for the future be made under any other seal of us our heirs or assigns aforesaid great or small, ordained or to be ordained but only under our seal for the dutchy aforesaid, as is aforesaid and if any shall happen in any wise to come under any other seal for the future, they shall not be valid or effectual by any means, but shall he judged and deemed vain, nul, and void for ever.
Which petition being read openly in the said parliament, and well understood, was answered in the manner following,
"The king, by the assent of the lords spiritual and temporal being in this parliament, and at the request of  the commons aforesaid, wills that the same he done in all points."
Which act making all charters of any of the possessions of the dutchy sealed with any other than the dutchy seal to be void, declares the intent of the said king Henry 5. to be, that the said dutchy and all the possessions thereof should be distinct, separate, and so openly known and used, from the possessions of the crown. Which seemed to be done by the said king Henry 5. being lineal heir to the duchy of Lancaster, with the same politic design before mentioned. But yet there is nothing in it that touches the person of the king, so that the prerogatives concerning his nonage and other points of his person remain as they were before the making of that statute; and. the said case in 3 H. 6. being adjudged as it is before recited, and being after this statute, declares that the prerogatives of his person continue in him with regard to the dutchy lands after this statute.

[Statute of 1 Ed. 4. of confiscation for ever of the dutchy of  Lancaster to the Crown. Vide B.N.C. s. 373 Lutw. 1236.]
Further they considered the following part of the statute made the fourth day of November in the first year of the reign of king Edward 4. entitled, An act of incorporating and also of confiscating, amongst other things, the dutchy of Lancaster of the crown of England for ever, that is to say,
It is declared and adjudged by the assent and advice of the lords spiritual and temporal, and of the commons being in this present parliament, and by the authority of the same, that the same Henry late called king Henry the sixth, for the considerations of the great, heinous, and detestable matters and offences before specified by him committed against his faith and ligeance to our said liege lord king Edward the fourth, his true, righteous, and natural liege lord, offended and hurt unjustly and unlawfully the royal majesty of our said sovereign lord, stand by the said advice and assent convicted and attainted of high treason. And that it be ordained and established by the same advice, assent, and authority, that he the same Henry forfeit, unto the same our liege lord Edward the fourth, and to his heirs, and to the said crown of England, all castles, manors, lordships, towns, townships, honours, lands, tenements, rents, services, fee-farms, knight's-fees, advowsons, hereditaments, and possessions with their appurtenances, which he or any other to his use had the third day of March last past, being of the dutchy of Lancaster, or that were any parcel or member of the same dutchy, or thereunto annexed or united in the first year of the reign of Henry late called king Henry the fifth, or at any time since. And that it be ordained and established by the same advice, assent, and authority, that the same manors, castles,lordships, honours, towns, townships, lands, tenements, rents, services, fee-farms, knight's-fees, advowsons, hereditaments, and possessions with their appurtenances in England, Wales, and Calais, and the Marches thereof, make, and from the said third day of March be to the said dutchy of Lancaster corporate, and be called the dutchy of Lancaster. And that our said sovereign lord king Edward the fourth have, seize, take, hold, enjoy, and inherit all the said manors and castles, and other the premisses with their appurtenances, by the same name of dutchy from all other his inheritances separate, from the said fourth day of March, to him and to his heirs kings of England perpetually, and that the county of Lancaster be a county palatine : And that our liege and sovereign lord king Edward the fourth and his heirs have, as parcel of the said dutchy, the same county of Lancaster and county palatine, and a seal, chancellor, judges, and officers for the same; and all manner of liberties, customs, laws royal, and franchises in the same county palatine lawfully and rightfully used, and over that, another seal called the seal of the dutchy of Lancaster, and a chancellor for the keeping thereof officers and counsellors for the guiding and governance [219] of the same dutchy, and of the particular officers, ministers, tenants and inhabitants thereof, in as great, ample, and large form as Henry, calling himself Henry the fifth, at any time therein had, used, and enjoyed lawfully. And by the same authority the said officers and ministers, and also the said tenants and inhabitants of the same dutchy have, use, exercise and enjoy such and all liberties, privileges and customs, as the officers, ministers, tenants, and inhabitants of the same dutchy had, used exercised or enjoyed lawfully in the time of the same Henry, calling himself king Henry the fifth ; and that also in the same dutchy be used, had, and occupied all such freedoms, liberties, privileges, customs and jurisdictions, as were used therein lawfully before the said fourth day of March. And the officerst ministers, tenants, and inhabitants of or in the said dutchy be entreated and demeaned according to the same freedoms, liberties, franchises, customs, privileges and jurisdictions, and not distrained, arcted, nor compelled to the contrary in anywise.

From which acts the said justices and counsellors inferred, that if before the making of this act the nonage of the king had been any cause to avoid gifts or leases made by him within age of the lands of the dutchy, that yet by this statute it is made clear that his nonage is no cause after the act to avoid them, for by this act the dutchy is annexed to the crown. And it is to he observed that king Edward took himself to be lawful inheritor of the crown of England, and that the house of Lancaster had unlawfully usurped upon hid and his ancesters. And as the house of Lancaster, doubting their title to the crown, intended to preserve their inheritance of the dutchy of Lancaster, in which they had no manner of doubt whilst it was disjoined from the crown, so on the contrary king Edward 4. knowing his title to the crown to be undoubted, intended to extirpate the house of Lancaster, and to unite to the crown their inheritance, in which he had no title but in right of the crown, viz. for treason committed against it, and to vest the dutchy and all the possessions thereof in the body politic of the king. And to this purpose are the words of the said last act, viz. that
king Edward 4. shall have, seize, take, hold, enjoy, and inherit all the said manors, &c. from the fourth day of March, to him and to his heirs kings of England perpetually. So that the said inheritance of the dutchy is placed and settled only in the body politic of the king, in which person there is no nonage or other imbecility to which the body natural .is subject. And by these words as well as by the other words in the act, by which it is ordained that the said king Henry 6 shall forfeit to king Edward 4. and to his heirs, and to the crown of England, the hereditaments of the dutchy, the county palatine of Lancaster, and the court of the dutchy, and the liberties and franchises thereof should have been utterly dissolved and extinguished in the crown, if there had been no other provision made in the act;
[a: Dy. 44 pl. 32. Kelw. 147. b. per Aldenb. 9 Co. 25.b. Cro. E. 592. 1 Finch 126, 2 Finch 164.]
for the crown which receives any hereditaments by escheat (as it did these here) merges all jurisdictions, franchises, and liberties had and tied in them, which were before derived from the crown, for the greater extinguishes the lesser. So that the act having relation to the fourth day of March last past, (on which day king Edward 4. begun his reign) would have extinguished the said county palatine, and the said court, and the liberties thereof from the said fourth day of March thenceforwards for ever, if it had stopped there without making any other provision ; but to raise it up again it was necessary to have a new erection or a saving by lords proper for it  And therefore king Edward 4, being desirous that the dutchy and all that belonged to it should be as it was before, as to the order and direction of it, he made a new establishment thereupon by the act, whereby it is ordained and established, that the same manors, castles, &c. should make, and from the third day of March be the said dutchy of Lancaster incorporate, and be called the dutchy of Lancaster, and that the county of Lancaster should be a county palatine, and that the king should have, as parcel of the dutchy, the same county palatine, and a seal, chancellor, judges, and officers here, and the liberties and other things as in the said act is before recited. So that this last act has established or confiscated the county palatine from the third day of March last before the act, and that the same king Edward should have the hereditaments thereof, by the name of the dutchy, from the fourth day of March to him and to his heirs kings of England for ever. Yet it shews how he shall have them, viz. from all other his inheritances separate ; and how separate? not from the person of the king, as king, but from the order of the other possessions of the king, as to pass by another seal than a lease of the possessions of the crown is ??? to do, and by other means than possessions of the crown shall pass by, viz. by livery of seizin and by attornment, and by other officers than the officers of the possessions of the crown, and by such other rules and methods used before. And to prove that the dutchy is separated from the other possessions of the crown in the method of conveyance, since this act, as it was before the act, the case in M. 21 Ed. 4. was alledged at Spooners, which is, that in the exchequer chamber it was held by all the justices,
[b: M. 21. Ed. 4. 60. pl. 17. Bro. Feoffments 51. Prerogative 72. Moor 153. 1 Keb. 643.  4 Inst. 206. Lutw. 1236. Crompt. J.C. 135.a. See 1 Lev. 28 , 29 Carpenter vs. Marshall.]
that if the king makes a feoffment of the lands which he has in right of his dutchy of Lancaster in fee, or for term of life, it is necessary to have livery of seizin as well as if the feoffment be made by a common person, unless it be of lands within the county palatine, which shall pass by the letters-patent of the dutchy without livery ; and the said question was there demanded by the attorney of the dutchy. So that the word (separate) may and ought to be taken separate in respect of order, but not separate from the person of the king, as king. Wherefore the said statute [220] of king Edward 4. ordains three things, first, it establishes the county palatine of Lancaster secondly, it vests it in the body politic of the king of this realm and his heirs; thirdly, it divides it from the order of the other possessions of the crown. And in this form it said dutchy continued until the time of king Henry 7.

[Statute of 1 H. 7. Vide B.N.C. s.373.]
And further they considered the following part of the statute made in the first year of king Henry 7. entitled, A repeal of a feoffment made by king Edward 4. of certain lands or tenements of the dutchy of Lancaster by authority of parliament for the performance of bis last will in the 12th year of his reign which was as follows,
Where in the parliament begun and holden at Westminster the sixth day of October in the 12th year of the reign of Edward late king of England the fourth and by divers prorogations unto the 23d day of February the 14tb year of his reign continued, and then there holden, for certain considerations by the advice of the lords spiritual and temporal, and the commons in that present parliament assembled, or by the authority of the same would, ordained, and enacted, that Thomas Cardinal archbishop of Canterbury, and divers others there named, from the said 23d day should, have, hold, enjoy, and possess the honour, castle, lordship, and manor of Tutbury, witb the members and appurtenances, and all manors, lordships, &c. Be it enacted, ordained and established the advice and assent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that the said act and every thing therein contained be from the 21st day of August last past void, repealed, annulled, and of none effect. And over that, by the same autbority, the king our sovereign lord sball have, hold, enjoy and possess, from the said 21st day of August to him and to his heirs for ever, all the honours, castles, lordships, manors, lands, 'tenements, rents, reversions, services, possessions, and other hereditaments with their appurtenances in the said act contained, and the county palatine of Lancaster, and all honours, castles, lordships, manors, lands, tenements, rents, reversions, services, possessions, and other hereditaments with their appurtenances that were parcel of the said dutchy of Lancaster, in the hands or possession of the said Edward late king of England the fourth day of March the first year of his reign, or any time after, or in the hands or possession of Richard the third, late in deed and not in right king of England, any time during his reign, with all liberties, freedom, franchises, and other things as well to the fold county palatine, as to any other the premisses appertaining or belonging; and to be governed by like officers, and use like seals, as for time past have been used and accustomed, in as ample and large manner, and in like manner, form and condition separate from the crown of England, and the possessions of the same, as Henry 4., Henry 5. Henry 6. the king's noble progenitors, late kings of this realm, or the said Edward late king had and held, or any of the said kings had and held, any act or statute before this made in any wise notwithstanding, &c.

And it was argued at Spooner's by some, that by this act the dutchy is devested out of the body politic of the king, in which capacity it was vested by the act of Edward 4. and that it is become vested in the naural body of king Henry 7. For the words are, that the king our sovereign lord shall have, hold, enjoy, and possess from the said 21st day of August to him and to his heirs for ever, all the honours, castles, &c. in the county palatine of Lancaster, &c. and also they referred to this clause the words alter, viz. in as ample and large manner, and in like manner, form, and condition separate from the crown of England, and from the possessions of the same, as H.4,. H. 5. H.6. or king Edward had and held, or any of them had and held, for the said words, in as ample and large manner, and in like manner, form, &c. cannot be referred to the clause before, viz. to be governed, &c. for that clause ends at the word accustomed, viz.. to be governed by like officers, and use like seals, as in time past have been used and accustomed; so that this clause ends here. And also they took it that the word separate would not suffer this clause to be referred to the clause, to be governed ; for then it shall be put adverbially, that is, separately. And if the words, in as ample and large manner, and in like manner, form, and condition, be referred to the words, the king shall have, hold, enjoy and possess, &c. as they said they ought to be, then king H. 7. shall receive the possessions in his body natural, and not in his body politic, as king. But if the words had been to him and to his heirs kings of England, as the words of the aft of king Edward 4. were, then H. 7. should have taken them in his body politic, as king Edward 4. took: them. And the words in like manner, form, and condition separate from the crown, as any of the kings H. 4. H. 5. H.6, or Edw. 4. held, being referred thereto, do enforce the construction that he received them in his body natural, for if king H. 7. shall have them in like manner, form, and condition as any of the said kings held them, then shall he have them in his body natural, for each of the three first kings so held them, tho' king Edward 4. held them in his body politic, but inasmuch as the county palatine is given to H. 7. in as large and ample manner, and in like manner, form and condition separate from the crown, as any of the four kings held it, and three of them held it more largely separated from the crown than the fourth did, (for they three held it in their body natural separate from the crown, and the fourth in his body politic in right of the crown, and separated in the order and government of the crown, and not otherwise) then king H. 7. shall take it according to the most ample and large reparation from the crown that might be, and that is, in his body natural. And this also seemed to them to be the intent of the aft, for king H. 7. was descended from the house of [221] Lancaster, and favoured that party, and therefore it is most probable that he intended to have the dutchy in the like form as the house of Lancaster held it, which was in the body natural, and this the rather, because his wife pretended an interest in the body politic along with him ; and this act repealed the other act of Edward 4, in this point, for it has in it these words, viz. any act before made notwithstanding. And for these causes it seemed to some that the dutchy was vested in the natural body of king Henry 7. and in like manner in the body of king Edward 6. and then with regard to the nonage, that it rests only upon the common law, without any enforcement by the statute of Edw. 4. or any other statute.

On the contrary it was argued at Spooner's by others, that it is enforced by the said statute of Edw. 4. and that the dutchy was not vested in the natural body of king Henry 7. but in his body politic, for the dutchy was veiled in king Edward 4. in his body politic, and when king Henry 7. took upon him the government of the realm, whereby he had in him the body politic of king of this realm, in that body he received and held the dutchy before the said act in the first year of his reign was made; and although the said act fays that king Henry 7. shall have it to him and to his heirs from the 21st day of August, this may be intended his heirs that should have inherited it if the act had not been made, and that is, the heirs to the body politic ; so that the act is as a confirmation of it to that body which then held it. And if the words (in as ample and large manner, form and condition, &c) be referred to the clause (the king shall have, hold, enjoy, and possess, &c.) they will enforce this opinion ; for if king Henry 7. should have it in as large and ample manner, and in like manner as the four kings or any of them held it, and three of them held it in their body natural, which is not so ample and large as the other, and the fourth held it in his body politic, which is more ample and large than the body natural, then king Henry 7. should have it in his body politic, because that is the more ample and large manner; for both the sentences are joined together by a copulative, so that it ought to be in as ample and large manner, and also in like manner, form, and condition &c. and so the first part, viz. concerning the ampleness and largeness, ought to be satisfied as well as the second part, viz. the likeness of the manner, form, and condition. And the word (separate) may be fulfilled by such a separation from the possessions of the crown as relates only to the order, direction, and method of conveyance, as it is shewn before in the exposition of the act of Edw. 4. And the clause of (in as ample and large manner, and in like manner, &c. separate from the crown, &c.) may belong to the clause (to be governed, &c.) and so it agrees with the letter. And therefore the leases are good, the rather by reason of the said statute of Ed. 4. and H. 7. and are not avoidable for the nonage of the said king Edward 6. And some held that the opinion of the serjeants in
[*: T. 15. H. 7. a. Bro.  Aid de Roy 51.]
15 H. 7. is not law, where it is reported to be held by them, that if a man justifies in trespass as bailiff of the king by reason of his manor which he has as of his dutchy of Lancaster, the defendant shall not lave aid before issue joined. And they also held, that if it was the intent of the said act of Henry 7. to have the possessions of the dutchy separated from the possessions of the crown as well in the inheritance as in the order and government of the same inheritance, (as it seemed to them it was not) and the more so from the title of the same act, which is, a repeal of a feoffment, &c. ut supra) yet there is not any word in the same act that requires the dutchy to be separated from the person of the king, or the person of the king to be separated from the possessions of the dutchy, nor is there any word that tends to make the king duke of Lancaster, or to make him duke of Lancaster with regard to the possessions of the dutchy, or to alter the quality of the person of king Henry 7. but only that the king shall have to him and to his heirs the laid dutchy separate from the other possessions, in which case the dutchy is at least joined to the person of king Henry 7. and to his heirs, and the person of the king remains as it was before, for nothing is said as to the quality of the person of the king in this act, or in the other acts before made in the time of H. 4. or H. 5. nor as to the alteration of his name, but he continues as before. And the person of the king shall not be invalidated by the duchy being given to him and to his heirs by the said act, and his person remains always of full age as well with regard to gifts and grants of lands made by him, as the administration of justice. And to these last reasons the others agreed, although they did not agree to this exposition of the act of Henry 7. viz. that the dutchy remains not separated in inheritance and in right from the crown, and that it is not devested out of the body politic of the king, in which capacity only it was, and vested in the body natural of king Henry 7. But that wherein they all agreed proves that the leases are not voidable by reason of the nonage of Edward 6. And therefore all the justices, serjeants, and counsellors assembled on the eve of St. Andrew (as is shewn before) except Ruswel, agreed unanimously
[+: see the books cited ante at the head of the case.]
 that the said leases made of the lands parcel of the dutchy (whether the lands lie out of the county palatine of Lancaster or within it) were not voidable for the nonage of the said king ; and that the law is all one where the lease is made of lands of the dutchy which are not in lease, to commence presently, and where to commence after the end of another lease before made, and that neither the one nor the other is voidable for the nonages the said king. And the proviso contained in the statute of 7 Edw. 6. cap. 5. hath not changed the law, wherein it is provided, that the act then made for confirmation of the letters patent of the said king Edward 6. (hall not extendi make good any lease made in reversion of any lands or tenements parcel of the dutchy of Lancaster; for (it was said at Spooner's) this proviso does nothing but only puts the matter at large as it was before.

[222] And the next day, being the feast of St. Andrew the apostle, the justices went to Catline chief justice of England who was sick at his house, to have his opinion in the case, or so they had agreed to do at their said assembly) and he greed in opinion with them, that the leases of king Edward 6. were not voidable by reason of his nonage. And forwards on Monday, being the morrow of St. Andrew the apoftle, all the said justices, serjeants, and counsellors, viz. Dyer, Saunders, Rastal, Anthony Brown, Corbet, Weston, Frevil, Carus, Puttrel, Gerard, Ruswel, Carell, and Plowtin, at a time appointed for the same, went to York-place, to report their resolution to sir Nicholas Bacon knight, keeper of the great seal, (to whom they were referred to report it) and to sir Ambrose Cave knight, chancellor of the said dutchy, to the intent that the said sir Nicholas Bacon might report it over to the queen, according as her majesty had given orders. And there the lord Dyer, in the presence of all the rest:, shewed their said resolution, and briefly declared the cause thereof, and said that all the rest there present, except Ruswel, were unanimously of the same opinion, which they all affirmed, and upon this answer given they departed.

[Nota bene by the reporter]
And note, in the said case in the dutchy upon demurrer between Scudamore and lady Morgan, it was argued that the act of Edw. 6. cap. 8. for confirmation of letters-patent does not enforce the said leases, for that act makes all leases and grants good, notwithstanding the causes and matters mentioned in the act, or to which the aft has relation, and the nonage of the king is not any of them. And also it was then argued, that the said act of 7 Edw. 6. cap. 3. whereby it is enacted, that all letters-patent sealed with the great seal of the dutchy of Lancaster shall be good, perfect, and available in law to all intents and purposes, the nonage of the same king Edward 6. as duke of Lancaster (although as king he is always of full age) to the contrary notwithstanding, does not enforce the lease of king Edward 6. for, it was said, the preamble of the branch and the circumstance of the act shews that it extends to letters-patent of inheritances only; and, it was said, that for paitents of inheritance it was put in for the surety of the patentees, because of the doubtfulness of the law, and the words don't precisely affirm that he shall be accounted within age with regard to the dutchy land. And then the case in M. 2. H. 3. Fitz. Age 149. was cited, where a man vouched the king within age, and prayed that the parol might demur, and shewed that the king's progenitor had given him the land, and because he did not shew the charter, he was ousted of the warranty. So that there it did not go so far as to he adjudged whether the parol should demur, or not. And the said demurrer in the dutchy were argued by some of them beforementioned, viz, by Plowden, Gerard and Carus, in the hearing of same of the rest above named thereunto required by the chancellor of the said dutchy in the name of the queen. And note, there is a statute made in 1 H. 4. as follows, viz. Also our said lord the king, considering how that Almighty God of his grace hath placed him in the honourable estate of king, and forasmuch as he himself may not for a certain cause bear the name of duke of Lancaster in his stile, and also the same our lord the king considering how that this honourable name and estate of duke hath been very honourably born and demeaned in the honourable person of his father (whom God assoil) and of many of his honourable ancestors, and being willing thereupon that the said name of duke of Lancaster be continued in honour as it behoveth, by the advice and assent of all the lords spiritual and temporal, and of the commons aforesaid, hath ordained that Henry his eldest son have and bear the name of duke of Lancaster, and that he be named prince of Wales, duke of Aquitain, of Lancaster, and Cornwal, and earl of Chester. And over that the same lord the king considering how that divers liberties and franchises have been granted before this time as well to his said father, as to other his ancestors dukes and earls of Lancaster, willeth and granteth, by the advice and assent aforesaid, that the same liberties and franchises be and continue to his said eldest son and his heirs dukes of Lancaster, dissevered from the crown of England quitly and entirely according to the effect and purport of the grants aforesaid, &c. So that the said statute in the preamble recites, that the king for a certain cause might not bear the name of duke of Lancaster in his stile, which cause (though it is not there expressed) is, for that he was king, and the name of king and the dignity royal merges the name of duke, as it is said before. Wherefore the preamble of this act confirms the above opinion of the said judges, serjeants, and counsellors in the point before recited.

And afterwards in Easter and Trinity terms in the fourth year of the reign of the same queen Elizabeth, and also in the term of St. Michael then next following, by virtue of a privy-seal directed to the said chancellor by the said queen Elizabeth, the said matter was argued again on several days in the dutchy court by many counsellors before the said chancellor, and before Saunders chief baron, and Anthony Brown one of the justices of the common-bench, and Pastrel and Walsh jutlices of assize in the county of Lancaster, Carus serjeant at law to the queen, and Sackford one of the masters of requests, and Carell attorney of the said court of the dutchy, and Plowden aforesaid, who was one of the counsel of the said court of the dutchy. And after all the arguments the said judges and counsellors of the court assembled themselves at divers times to make their resolution, and at last they all agreed as before was agreed. And also they all agreed, that king Henry 7. had the dutchy in his body natural, as king Henry 5. had it, disjoined from the crown, and not as king Edw. 4. had it. And this was by force of the act made in the time or the said king Henry 7. and for the reason before given to this purpose at Spooner's.

[223] Note, at the said assemblies it was said by the said judges and counsellors of the dutchy court,
[*: S.P. 2 Leon 151 Crompt. J.C. 134b. Vin. Abr. tit. Tenure L. 2. pl. 28.]
that if the queen makes a feoffment of land of the dutchy out of the county palatine, to hold of her in capite, the feoffee shall hold of. the queen in capite as of her crown of England. And many. good cases were put by them. And upon their resolution] agreeing with the former resolution, as is shewn before, a report was afterwards made thereof to the queen.


Charter of 1461

Source: William Hardy: The Charters of the Duchy of Lancaster.  London, 1845.  pp. 285-325.

 Rot. Pat. 1 Edw. 4. p.7.m.35. fn Turr. Lond. (Orig. in arch. Duc. Lanc.)

EDWARDUS Dei gratia Rex Anglise et Franciae et Dominus Hiberniae omnibus ad quos praesentes literae pervenerint, salutem. Inspeximus literas patentes Henrici Quarti nuper de facto etnon de jure Regis Anglise factas in haec verba:

Henricus Dei gratia Rex Angliae et Franciae et Dominus Hiberniae omnibus ad quos praesentes literae pervenerint salutem. Sciatis quod cum ducatus Lancastriae, ac quamplura alia comitatus, honores, castra, maneria, feoda, possessiones et dominia, infra regnum nostrum Anglise et Walliae, ac alibi, nobis tam per mortem celebris memoriae Henrici nuper Ducis Lancastriae avi nostri, ac carissimi domini et patris nostri Johannis nuper Ducis Lancastriae, necnon carissimae dominae et matris nostrae Blanchiae uxoris ejus, filiae et haeredis praedicti Henrici, nobis jure haereditario, antequam ad statum et dignitatem regalem rerum Dominus omnium sua ineffabili clementia nos nuperrime evocavit, descenderint et acciderint, in quibus quidem ducatu, comitatibus, honoribus, castris, maneriis, possessionibus et dorainiis, diversa libertates, jura regalia, consuetudines et franchesiae, dictis progenitoribus et antecessoribus nostris, quaedam, videlicet, eis et haeredibus de corporibus suis exeuntibus, et quaedam sibi et haeredibus masculis de corporibus suis exeuntibus, ac quaedam praefato domino et patri nostro ad terminum vitae suae, per diversas cartas, tam domini Edwardi nuper Regis Angliae avi nostri, quam domini Ricardi nuper Regis Angliae secundi post conquestum, sunt et fuerant concessa, prout in cartis praedictis quarum tenores sequuntur in haec verba,— EDWARDUS Dei gratia Rex Angliae et Franciae et Dominus Hiberniae omnibus ad quos praesentes literae pervenerint, Salutem. Sciatis quod si nos, debita consideratione pensantes gestus magnificos cunctorum qui nobis in guerris nostris laudabiliter et strenue servierunt, ipsos desideremus honoribus attollere et pro viribus juxta merita praemiare, quanto magis filios nostros, quos tam in sapientia quam in gestu nobili alios praecellere conspicimus, et qui nobis locum tenuerunt et tenere poterunt potiorem, nos convenit majoribus honoribus et gratiis praerogare. Considerantes itaque probitatem strenuam et sapientiam praecellentem carissimi filii nostri Johannis Regis Castellae et Legionis, Ducis Lancastriae, qui laboribus et expensis semper se nobis obsequiosum exhibuit, pro nobis pluries in necessitatibus intrepide se guerrarum discriminibus exponendo; et volentes eo prsetextu ac desiderantes eundem filium nostrum aliquali commodo et honore ad praesens, licet non ad plenum, prout digna merita exposeunt, remunerare; ex certa scientia nostra et laeto corde, de assensu praelatorum et procerum in instanti parliamento nostro apud Westmonasterium convocato existentium, concessimus, pro nobis et haeredibus nostris, praefato filio nostro, quod ipse ad totam vitam suam habeat infra comitatum Lancastriae cancellariam suam, ac brevia sua sub sigillo suo pro officio cancellarias deputando consignanda, justitiarios suos tam ad placita coronae quam ad quaecumque alia placita communem legem tangentia tenenda, ac cognitiones eorundem, et quascumque exeeutiones per brevia sua et ministros suos ibidem faciendas, et quaecumque alia libertate3 et jura regalia ad Comitem Palatinum pertinentia, adeo integre et libere sicut Comes Cestriee infra eundem comitatum Cestriae dinoscitur obtinere (decimis quintisdecimis et aliis quotis et subsidiis nobis et haeredibus nostris per communitatem regni nostri, et decimis et aliis quotis per clerum ejusdem regni nobis concessis et imposterum concedendis, aut eidem clero per sedem apostolicam impositis et imponendis, ac pardonationibus vitro et membrorum in casu quo aliquis ejusdem comitatus aut alius in eodem comitatu pro aliquo delicto vitam vel membrum amittere debeat, ac etiam superioritate et potestate corrigendi ea quae in curiis ejusdem filii nostri ibidem erronice facta fuerint, vel si idem filius noster aut ministri sui in justitia in curiis ejusdem filii nostri inibi facienda defecerint, semper salvis). Et est intentionis nostrae quod idem filius noster, ad mandata nostra et haeredum nostrorum, ad parliamenta et concilia nostra duos milites pro communitate comitatus praedicti et duos burgenses de quolibet burgo ejusdem coraitatus ad tractandum cum aliis de communitate dicti regni nostri ad eadem parliamenta et concilia venientibus de negotiis dicti regni nostri in eisdem parliamentis et conciliis exponendis mittere teneatur. Et quod idem filius noster certos homines fideles et sufficientes ad hujusmodi decimas et quintasdecimas subsidia et alia quota quotiens ea nobis seu haeredibus nostris in parliamentis seu conciliis concedi contigerit assignet; ita quod nobis et haeredibus nostris de sic concessis respondeatur per eosdem. In cujus rei testimonium has literas nostras fieri fecimus patentes. Teste me ipso apud Westmonasterium vicesimo octavo die Februarii, anno regni nostri Angliae quinquagesimo primo, regni vero nostri Franciae tricesimo octavo. RICARDUS Dei gratia Rex Angliae et Franciae et Dominus Hiberniae archiepiscopis, episcopis, abbatibus, prioribus, ducibus, comitibus, baronibus, justitiariis, vicecomitibus, praepositis, ministris, et omnibus ballivis et fidelibus suis, salutem. Sciatis quod cum dominus Edwardus nuper Rex Angliae, avus noster, per cartam suam dedisset et concessisset carissimo avunculo nostro, filio suo, Johanni Duci Lancastrioe, tunc Comiti Lancastriae, nomen et honorem Ducis et ipsum in Ducem Lancastriae praefecisset, ac de eisdem nomine et honore per cincturam gladii et appositionem eappoe suo capiti investivisset, habenda eadem nomen et honorem Ducis Lancastriae, sibi et haeredibus suis masculis de corpore suo legitime procreatis imperpetuum; subsequenterque idem avus noster per literas suas patentes concessisset pro se et haeredibus suis proefato avunculo nostro quod ipse ad totam vitam suam haberet infra comitatum Lancastriae cancellariam suam, ac brevia sua sub sigillo suo pro officio cancellarios deputando consignanda, justitiarios suos tam ad placita coronae quam ad quaecumque alia placita communem legem tangentia, tenenda, ac cognitiones eorundem, et quascumque executiones per brevia sua et ministros suos ibidem faciendas, et queecumque alia libertates et jura regalia ad Comitem Palatinum pertinentia, adeo libere et integre sicut Comes Cestriae infra eundem comitatum Cestriae dinoscitur obtinere (decimis quintisdecimis et aliis quotis et subsidiis, eidem avo nostro et haeredibus suis per communitatem regni sui, et decimis et aliis quotis per clerum ejusdeni regni tunc concessis et extunc concedendis, aut eidem clero per sedem apostolicam impositis et imponendis, ac pardonationibus viteo et membrorum, in casu quo aliquis ejusdem comitatus, aut alius in eodem comitatu, pro aliquo delicto vitam vel membrum amittere deberet, ac etiam superioritate et potestate corrigendi ea quae in curia ejusdem avunculi nostri ibidem erronice facta fuerint, vel [si] idem avunculus noster aut ministri sui in justitia in curia sua facienda defecerint, semper salvis): Et quod idem avunculus noster ad mandata ejusdem avi nostri et hoeredum suorum ad parliamenta et concilia sua duos milites pro communitate comitatus praedicti et duos burgenses de quolibet burgo ejusdem comitatus ad tractandum, cum aliis dicti regni ad parliamenta et concilia venientibus, de negotiis dicti regni in eisdem parliamentis et aliis exponendis, mittere teneretur: et quod idcm avunculus noster certos homines fidelcs et sufficientes ad hujusmodi decimas et quintasdecimas subsidia et alia quota, quotiens ea eidem avo nostro seu haeredibus suis in parliamentis seu conciliis concedi contingeret, assignaret; ita quod eidem avo nostro de sic concessis responderetur per eosdem. Ac nos nuper ad prosecutionem ipsius avunculi nostri per petitionem suam nobis in parliamento nostro apud Gloucestriam tento exhibitam, suggerentis ipsum praetextu dictorum verborum generalium scaccarium suum in eodem comitatu Lancastriae et omnia ad hujusmodi scaccarium pertinentia, ac jurisdictionem et potestatem faciendi et constituendi justitiarios suos itinerantes ad placita forestae et alios justitiarios ad quaecumque alia placita assisam forestae tangentia iufra dictum comitatum Lancastriae a tempore concessionis dicti avi nostri tenuisse exercuisse et habuisse, de assensu praelatorum ducum comitum baronum et communitatis regni nostri Angliae in eodem parliamento existentium, per literas nostras patentes declaraverimus eundem avunculum nostrura omnibus et singulis praemissis, per ipsum praetextu dictorum verborum generalium ut praemittitur usitatis, virtute eorumdem verborum generalium uti posse et debere; et ulterius de gratia nostra speciali concesserimus, pro nobis et haeredibus nostris, eidem avunculo nostro, quod ipse scaccarium suum in dicto comitatu Lancastriae, et barones et alios ministros in eodem scaccario necessarios, necnon jurisdictiones executiones et consuetudines quascumque in scaccario nostro Angliae rationabiliter usitatas habeat in eodem scaccario suo et eis ibidem plene gaudeat et rationabiliter utatur: et quod habeat jurisdictionem et potestatem faciendi et constituendi justitiarios suos itinerantes ad placita forestae et alios justitiarios ad quaecumque alia placita assisam forestos tangentia infra dictum comitatum Lancastriae tenenda durante vita ipsius avunculi nostri (placitis tamen et querelis aliis quibuscumque, ubi nos vel haeredes nostri in dicto scaccario vel coram praefatis justitiariis partes fuerimus vel fieri contingat, emergentibus semper salvis); et voluerimus, quod omnia verba generalia in concessione ejusdem avi nostri praedicta contenta in suo robore permaneant durante vita avunculi nostri supradieti, declaratione et concessione proedietis non obstantibus, prout in carta et literis praedictis plenius continetur. Jamque praefatus avunculus noster nobis supplicaverit, ut libertates franchesias privilegia jura regalia supradicta, et omnia alia et singula sibi superius concessa, sibi et haeredibus suis masculis de corpore suo exeuntibus concedere dignemur, habenda eodem modo sicut ea jam habet, una cum dicto nomine Ducis Lancastriae perpetuis temporibus euccessivis. Nos probitatem strenuam et sapientiam excellentissimam praefati avunculi nostri, qui se laboribus et expensis ac consiliis continuis nobis et regno nostro obsequiosura pariter et fructuosum semper retroactis teraporibus exhibuit et exhibet indefesse, debita consideratione pensantes, ac sperantes indubie haeredes suos masculoa de corpore suo legitime procreatos vestigia progenitorum suorum qui ex tam nobili progenie regali processerunt, divina mediantc clementia, in sapientia strenuitate et honore sequi debere, et nobis et haeredibus nostris ae regno nostro maxime valere et locumtenere posse infuturum. Et volentes praemissorum intuitu supplicationi praedictae annuere gratiose, de assensu praesentis parliamenti nostri, laeto corde et ex certa scientia nostra concessimus pro nobis ct haeredibus nostris, praefato avunculo nostro quod ipse et haeredes sui masculi de corpore suo legitime procreati habeant infra comitatum Lancastriae cancellariam suam ac brevia sua sub sigillo suo pro officio cancellariae deputando conservanda, justitiarios suos tam ad placita coronae quam ad quoecumque alia placita communem legem tangentia tenenda, ac cognitiones eorundem, et quascumque executiones per brevia sua et ministros suos ibidem faciendas, et quaecumque alia libertates et jura regalia ad Comitem Palatinum pertinentia, adeo libere et integre sicut Comcs Cestriae dinoscitur obtinere. Et quod habeant scaccarium suum in dicto comitatu Lancastrire ac barones et alios ministros in eodem scaccario necessarios, necnon jurisdictiones executiones et consuetudines quascumque in scaccario nostro Angliae rationabiliter usitatas, et eis ibidem plene gaudeant et rationabiliter utantur. Et quod habeant jurisdictionem et potestatem faciendi et constituendi justitiarios suos itinerantes ad placita forestae et alios justitiarios ad quaecumque alia placita assisam forestae tangentia infra dictum comitatum Lancastriae tenenda imperpetuum (placitis tamen et querelis quibuscumque, ubi nos vel haeredes nostri in dicto scaccario vel coram praefatis justitiariis partes fuerimus vel fieri contingat, emergentibus, ac deeimis quintisdecimis et aliis quotis et subsidiis nobis et haeredibus nostris per communitatem regni nostri, et decimis et aliis quotis per clerum ejusdem regni concessis et exnunc concedendis, aut eidem clero per sedem apostolicam impositis et imponendis, ac pardonationibus vitce et membrorum in casu quo aliquis ejusdem comitatus, aut alius in eodem comitatu, pro delicto aliquo vitam vel membrum amittere debeat, ac etiam superioritate et potestate corrigendi ea quae in curia ejusdem avunculi nostri vel dictorum haeredum suorum ibidem erronice facta fuerint, vel [si] idem avunculus noster seu dicti haeredes sui, aut eorum ministri, in justitia in curia sua facienda defecerint, semper salvis). Et quod idem avunculus noster et dicti haeredes sui, ad mandata nostra et haeredum nostrorum, ad parliamenta et concilia nostra et haeredum nostrorum duos milites pro communitate comitatus praedicti et duos burgenses do quolibet burgo ejusdem comitatus ad tractandum cum aliis dicti regni nostri ad parliamenta et concilia venientibus de negotiis dicti regni in eisdem parliamentis et aliis exponendis mittere teneantur. Et quod idem avunculus noster et haeredes sui praedicti certos homines fideles et sufficientes ad hujusmodi decimas et quintasdecimas subsidia et alia quota, quotiens ea nobis aut haeredibus nostris in parliamentis seu conciliis concedi contigerit, assignent; ita quod nobis et haeredibus nostris de sic concessis respondeatur per eosdem. Quare volumus et firmiter praecipimus quod idem avunculus noster et haeredes sui praedicti habeant et teneant omnia et singula libertates franchesias privilegia scaccarium jura regalia et alia supradicta una cum dictis nomine et honore Ducis Lancastriae (exceptis praeexceptis) eodem modo ac adeo libere et integre sicut idem avunculus noster ea ad praesens habet et tenet, imperpetuum, sicut praedietura est, Hiis testibus Willielmo Archiepiscopo Cantuariensi totius Angliae Primate, Thoma Archiepiscopo Eboracensi Angliae Primate, Roberto Londinensi, Willielmo Wintoniensi, Cancellario nostro, Johanne Menevensi, Thesaurario nostro, Episcopis, Edmundo Eborum,Thoma Gloucestriae, Ducibus, avunculis nostris carissimis, Ricardo Arundelliae, Willielmo Sarum, Henrico Northumbriae, Comitibus, Ricardo Lescrop, Johanne Devereux, Senescallo hospitii nostri, et aliis. Data per manum nostram apud Westmonasterium, sextodecimo die Februarii, anno regni nostri tertiodecimo. RICARDUS Dei gratia Rex Angliae et Franciae et Dominus Hiberniae, archiepiscopis, episcopis, abbatibus, prioribus, ducibus, comitibus, baronibus, justitiariis, vicecomitibus, praspositis, ministris, et omnibus ballivis et fidelibus suis, ealutem. Inspeximus cartam Domini Edwardi nuper Regis Angliae, avi nostri, factara in haec verba: EDWARDUS Dei gratia Rex Angliae Dominus Hiberniae et Aquitaniae, archiepiscopis, episcopis, abbatibus, prioribus, comitibus, baronibus, justitiariis, vicecomitibus, praepositis, ministris, et omnibus ballivis et fidelibus suis salutem. Sciatis quod cum nuper considerantes qualiter comitatus Lancastriae, et plura castra, villae, maneria, terrae, et tenementa, cum pertinentiis, tam in comitatibus Lincolniao et Derbiae quam in diversis aliis comitatibus regni nostri, quae fuerunt Henrici nuper Ducis Lancastriae et Comitis Lincolniae et Derbiae post mortem ipsius Ducis, (quaedam, videlicet, ad Johannem Comitem Richemondiae filium nostrum carissimum et Blanchiam uxorem ejus unam filiarum et haeredum praedicti Ducis, juxta partitionem inter ipsos et Matildem tunc alteram filiarum et haeredum ipsius Ducis factam per descensum haereditarium fuerunt devoluta, et quaedam eisdem Comiti et Blanchiae, juxta ordinationem et concessionem praedicti Ducis dum vixit, sub certa forma sunt remansura,) ac volentes proinde eidem filio nostro, ut se juxta status sui nobilitatem decentius manutenere valeat, gratiam facere specialem, concesserimus pro nobis et haeredibus nostris praefato Johanni nunc Comiti Lancastriae et Richemondiae, quod ipse et haeredes sui de corpore suo et corpore praedictae Blanchiae legitime procreati imperpetuum haberent retorna omnium brevium nostrorum et haeredum nostrorum, et omnia placita de vetito namio in terris et feodis de haereditate praedicti Ducis, quae tunc in manibus ipsorum Comitis et Blanchiae extiterunt, et quae imposterum eis juxta ordinationem et concessionem praedictas sunt remansura cum ad manus suas devenerint; et etiam omnes fines et amerciamenta omnium hominum et tenentium suorum, ubicumque ipsos homines et tenentes in curiis nostris et haeredum nostrorum amereiari vel finea facere contingeret, necnon omnia catalla omnium hominum et tenentium fiuorum felonum et fugitivorum et dampnatorum, prout in carta nostra inde confecta plenius continetur. Ac jam omnia terrae et tenementa cum pertinentiis quae praedicta Matildis tenuit in propartem suam praedictam, de omnibus terris et tenementis praedictis quae fuerunt praedicti Ducis, necnon quaedamalia terrae et tenementa cum pertinentiis in comitatibus Norfolciae et Suffolciae quae eadem Matildis tenuit de haereditate ipsius Ducis ex dono et feoffamento Johannis Episcopi Lincolniensis, Ricardi Comitis Arundelliae, Roberti de la Mare, Johannis de Buklond, Johannis Charnels, Walteri Power, Simonis Symeon et Johannis Neumarche, per mortem ejusdem Matildis praefatis Comiti et Blanchiae, ut sorori et haeredi praedictae Matildis jure haereditario descenderint. Nos volentes praedictos Comitem et Blanchiam favore prosequi gratioso, concessimus et hac carta nostra confirmavimus praefato Comiti quod ipse et haeredes sui de corpore suo et corpore praedictae Blanchiae legitime procreati imperpetuum habeant retorna omnium brevium nostrorum et haeredum nostrorum, et omnia placita de vetito namio, tam in terris et feodis quae iidem Comes et Blanchia de proparte ipsius Blanchiae praedicta, quam in terris et feodis quae fuerunt praedictae Matildis et quae ipsi Comes et Blanchia ut soror et haeres ejusdem Matildis jam tenent de haereditate praedicta, et etiam in terris et feodis, quse eisdem Comiti et Blanchiae sunt de eadem haereditate imposterum remansura vel reversura, cum ad manus suas devenerint, et etiam omnes fines et amerciamenta omnium hominum et tenentium suorum ubicumque ipsos homines et tenentes in curiis nostris et haeredum nostrorum amcrciari vel fines facere contigerit; necnon omnia catalla omnium hominum et tenentium suorum, felonum et fugitivorum et dampnatorum. Quare volumus et firmiter praecipimus pro nobis et haeredibus nostris quod praedictus Comes et haeredes sui praedicti imperpetuum habeant retorna omnium brevium nostrorum et haeredum nostrorum, et omuia placita de vetito namio in terris et feodis suis praedictis; ac omnes fines et amerciamenta omnium hominum et tenentium suorum praedictorum, ubicumque ipaos homines et tenentes in curiis nostris et haeredum nostrorum amerciari vel fines facere contigerit; ac etiam omnia catalla omnium hominum et tenentium suorum, felonum, fugitivorum, et dampnatorum, sicut prosdictum est, et eodem modo quo Henricus nuper Comes Lancastrhe pater praedicti Ducis, vel idem Dux, quibus consimiles libertates in terris et feodis suis habendas successive per cartas nostras concessimus, easdem libertates habuit et eis rationabiliter uti consuevit. Hiis teatibus S. Archiepiscopo Cantuariensi totius Angliae Primate, W. Wintoniensi Episcopo Cancellario nostro, S. Eliensi Episcopo Thesaurario nostro, Edwardo Principe Walliae primogenito nostro carissimo, Ricardo Arundelliae, Thoma Warwici, et Willielmo Sarum, Comitibus, et aliis. Data per manum nostram apud Westmonasterium duodecimo die Maii, anno regni nostri tricesimo sexto. INSPEXIMUS etiam quandam cartam nostram factam in haec verba: RICARDUS Dei gratia Rex Angliae et Franciae et Dominus Hiberniae, omnibus ad quos praesentes literse pervenerint, salutem. Inspeximus quandam cartam carissimi Domini et avi nostri Domini Edwardi nuper Regis Angliae defuncti, nuper factam [carissimo avunculo nostro] Johanni Regi Castellae et Legionis Duci Lancastriae, filio ipsius avi nostri, per nomen Johannis Ducis Lancastriae, et Blanchiae nuper uxori ejus in haec verba: Edwardvs Dei gratia Rex Angliae, Dominus Hiberniae et Aquitaniae, archiepiscopis, episcopis, ducibus, abbatibus, prioribus, comitibus, baronibus, justitiariis, vicecomitibus, praepositis, ministris, et omnibus ballivis et fidelibus suis, salutem. Sciatis quod cum nos nuper septimo die Maii anno regni nostri sexto decimo per cartam nostram ceoncesserimus pro nobis et haeredibus nostris Henrico tunc Comiti Lancastriae quod ipse et haeredes sui de corpore suo procreati et oranes homines sui imperpetuum essent quieti de pavagio passagio paagio lastagio stallagio tallagio cariagio pesagio piccagio et terragio per totum regnum et potestatem nostram; et quod idem Comes et haeredes sui praedicti imperpetuum haberent retorna omnium brevium nostrorum et haeredum nostrorum ac summonitionum de scaccario nostro et haeredum nostrorum, et attachiamenta tam de placitis coronae quam de aliis quibuscunque in omnibus terris et feodis suis; ita quod nullus vicecomes vel alius ballivus seu minister noster vel haeredum nostrorum terras seu feoda illa ingrederetur ad executiones eorundem brevium et summonitionum, seu ad attachiameuta de placitis coronne vel aliis praedictis aut aliquod aliud officium ibidem faciendum, nisi in defectum ipsius Comitis et haeredum suorum praedictorum ac ballivorum et ministrorum suorum in terris et feodis suis praedictis. Et quod haberent catalla hominum et tenentium suorum felonum et fugitivorum; ita quod si quis hominum vel tenentium suorum pro delicto suo vitam vel membrum deberet amittere vel fugeret et judicio stare nollet vel aliud quodcumque delictum faceret pro quo catalla sua deberet perdere, ubicunque justitia de eo fieret, sive in curia nostra vel haeredum nostrorum sive in alia curia, ipsa catalla essent ipsius Comitis et haeredum suorum praedictorum, et quod liceret eis vel ministris suis sine impedimento nostri vel haeredum nostrorum vicecomitum aut [aliorum] ballivorum seu ministrorum nostrorum quorumcunque ponere se in seisinam de catallis praedictis et ea ad usum ipsius Comitis et haeredum suorum praedictorum retinere. Et etiam quod huberent imperpetuum omnes fines pro transgressionibus et aliis delictis quibuscunque et fines pro licentia concordandi, et omnia amerciamenta redemptiones et exitus forisfactos; ac forisfecturas, annum diem vastum et streppum, et omnia quae ad nos et haeredes nostros pertinere possent de hujusmodi anno die vasto et murdris de omnibus hominibus et tenentibus de terris et feodis suis quibuscunque in quibuscunque curiis nostris et haeredum nostrorum homines et tenentes illos, tam coram nobis et haeredibus nostris, et in cancellaria nostra et haeredum nostrorum, et coram thesaurario et baronibus nostris et haeredum nostrorum de scaccario, et coram justitiariis nostris et haeredum nostrorum de banco, et coram senescallo et marescallis seu clerico mercati hospitii nostri et haeredum nostrorum, ac aliis curiis nostris et haeredum nostrorum, quam coram justitiariis itinerantibus ad communia placita et ad placita forestae et quibuscunque aliis justitiariis et ministris nostris et haeredum nostrorum, tam in praesentia nostra et haeredum nostrorum quam in absentia nostra et haeredum nostrorum, fines facere vel amerciari, exitus forisfacere, annum diem et vastum seu forisfacturas et murdra adjudicari contingeret; quae fines, amerciamenta, redemptiones, exitus, annus dies vastum sive streppum, forisfacturae et murdra, ad nos vel haeredes nostros pertinere possent, si praefato Comiti et haeredibus suis praedictis concessa non fuissent Ita quod idem Comes et haeredes sui praedicti, per se vel per ballivos et ministros suos, fines, amerciamenta, redemptiones, exitus, et forisfacturas hujusmodi hominum et tenentium suorum praedictorum, et omnia quae ad nos et haeredes nostros pertinere possent de anno die et vasto sive streppo et murdro praedictis, levare percipere et habere possent,—sine occasione vel impedimento nostri aut haeredum nostrorum, justitiariorum, escaetorum, vicecomitum, coronatorum, aut aliorum ballivorum seu ministrorum nostrorum quorumcunque. Quam quidem cartam post mortem ipsius Comitis Henricus filius et haeres ejusdem Comitis, cui omnia terrae et tenementa quae fuerunt ipsius Comitis jure [haereditario] descendebant, nobis ex certis causis reddidit cancellandam, et ea de causa carta illa cancellatur sicut per inspectionem rotulorum cancellariae nostrae nobis constat. Nos advertentes ea quae sic in feodo talliato praefato Comiti et haeredibus de corpore suo procreatis per nos concessa fuerunt, et de quibus praedictus Comcs virtute concessionis nostrae praedictae fuit seisitus in dominico suo ut de feodo die quo obiit, per redditionem cartae praedictae nobis per praedictum Henricum filium Henrici sic factam, aut per quodcunque aliud factum ejusdem Henrici filii, in praejudicium et exhaeredationem haeredum suorum de corpore suo exeuntium, secundum legem et consuetudinem regni nostri adnullari non posse, sed in suo robore permanere debere, ac volentes ea consideratione carissimo filio nostro Johanni nunc Duci Lancastriae qui Blanchiam, filiam et haeredem praedicti Henrici filii Henrici postmodum Ducis Lancastriae, duxit in uxorem, et eidem Blanchiae, qui quidem Johannes et Blanchia omnia terras et tenementa, quae fuerunt tam praedicti Henrici patris quam praefati Henrici filii jure haereditario, ut in jure praedictae Blanchiae de corpore praedicti Henrici filii Henrici procreatae, jam tenent, gratiam facere specialem, dictam concessionem nostram praefato Henrico Comiti, ut praemittitur, factam, praefatis Johanni nunc Duci Lancastriae et Blanchiae uxori ejus duximus innovandam, et concessimus et hac carta nostra confirmavimus, pro nobis et hairedibus nostris, eisdem Johanni Duci et Blanchiae quod ipsi et haeredes sui de corporibus ipsorum Johannis et Blanchiae procreati et omnes homines sui de terris et feodis quos fuerunt praedicti Henrici patris dicto septimo die Maii imperpetuum sint quieti de pavagio, passagio, paagio, lastagio, stallagio, tallagio, cariagio, pesagio, piccagio, et terragio per totum regnum et potestatem nostram; et etiam quod iidem Dux et Blanchia et haeredes sui praedicti imperpetuum habeant retorna omnium brevium nostrorum et haeredum nostrorum, ac summonitionum de scaccario nostro et haeredum nostrorum, et attachiamenta tam de placitis coronae quam de aliis quibuscunque in omnibus terris et feodis praedictis; ita quod nullus vicecomes vel alius ballivus seu minister noster vel haeredum nostrorum terras seu feoda illa ingrediatur ad executiones eorundem brevium et summonitionum, seu ad attachiamenta de placitis coronae vel aliis praedictis aut aliquod aliud officium ibidem faciendum, nisi in defectum ipsorum Ducis et Blanchiae et haeredum suorum praedictorum ac ballivorum et ministrorum suorum in terris et feodis suis praedictis. Et etiam quod habeant catalla hominum et tenentium suorum felonum et fugitivorum; ita quod si quis hominum vel tenentium suorum pro delicto suo vitara vel membrum debeat amittere vel fugerit et judicio stare noluerit vel aliud quodcunque delictum fecerit pro quo catalla sua debeat perdere, ubicunque justitia de eo fieri debeat sive in curia nostra vel haeredum nostrorum sive in alia curia, ipsa catalla sint ipsorum Ducis et Blanchiae et haeredum suorum praedictorum, et quod liceat eis seu ministris suis dine impedimento nostri vel haeredum nostrorum vicecomitum aut aliorum ballivorum seu ministrorum nostrorum quorumcunque ponere se in seisinam de catallis praedictis et ea ad usum ipsorum Ducis et Blanchiae et haeredum suorum praedictorum retinere. Et etiam quod habeant imperpetuum omnes fines pro transgressionibus et aliis delictis quibuscunque et etiam fines pro licentia concordandi, ac omnia amerciamenta redemptioncs et cxitus forisfactos, ac forisfacturas, annum diem et vastum et streppum, et omnia quae ad nos et haeredes nostros pertinere poterunt de hujusmodi anno die et vasto et murdris de omnibus hominibus et tenentibus de dictis terris et feodis quae fuerunt dicti Henrici patris dicto septimo die Maii, in quibuscunque curiis nostris et haeredum nostrorum homines et tenentes illos, tam coram nobis et haeredibus nostris, et in cancellaria nostra et haeredum nostrorum, ac coram thesaurario et baronibus nostris et haeredum nostrorum de scaccario, et coram justitiariis nostris et haeredum nostrorum de banco, ac coram senescallo et marescallis seu clerico mercati hospitii nostri et haeredum nostrorum, qui pro tempore fuerint, et aliis curiis nostris et haeredum nostrorum, quam coram justitiariis itinerantibus ad communia placita et ad placita forestae et quibuscunque aliis justitiariis et ministris nostris et haeredum nostrorum, tam in praesentia nostra et haeredum nostrorum quam in absentia nostra et baeredum nostrorum, fines facere vel amerciari, exitus forisfacere, annum diem et vastum seu forisfacturas et murdra adjudicari contigerit; quae fines, amerciamenta, redemptiones, exitus, annus dies vastum sive streppum, forisfacturae et murdra, ad nos vel haeredes nostros possent pertinere, si praefatis Duci et Blanchiae et haeredibus suis praedictis concessa non fuissent Ita quod iidem Dux et Blanchia et haeredes sui praedicti, per se vel per ballivos et ministros suos, fines, amerciamenta, redemptiones, exitus, et forisfacturas hujusmodi hominum et tenentium suorum praedictorum, et omnia quae ad nos et haeredes nostros pertinere poterunt de anno die et vasto sive streppo et murdris praedictis, levare percipere et habere possint,—sine occasione vel impedimcnto nostri vel haeredum nostrorum, justitiariorum, escaetorum, vicecomitum, coronatorum, aut aliorum ballivorum seu ministrorum nostrorum quorumcunque. Quare volumus et firmiter praccipimus pro nobis et haeredibus nostris quod praefati Dux et Blanchia et haeredes sui praedicti imperpetuum habeant omnes libertates praedictas sicut praedictum est, et eis et earum qualibet decaetero plene gaudeant et utantur, redditione seu cancellatione cartae praedictae non obstante. Ita quod si praedicti Dux et Blanchia sine haerede de corporibus suis exeunte obierint, tunc omnes et singulae libertates praedictae, post mortem ipsorum Ducis et Blanchiae ai nos et haeredes nostros integre revertantur. Hiis testibus, venerabilibus patribus, Simone Eliensi Cancellario, Johanne Bathoniensi et Wellensi Thesaurario, nostris, Episcopis, Leonello Duce Clarenciae filio nostro carissimo, Humfrido de Bohun Herefordiae, Ricardo Arundelliae, Comitibus, Edwardo le Despenser Domino de Glamorgan et Morgannowe, Guidone de Bryan, Johanne atte Lee Senescallo hospitii nostri, et aliis. Data per manum nostram apud Westmonasterium quartodecimo die Julii, anno regni nostri tricesimo octavo. NOS autem cartam supradictam ac omnes donationes concessiones et omnia alia in eadem contenta pro nobis et haeredibus nostris tenore praesentium ratificamus et confirmamus, juxta tenorem et effectum cartoe supradictae. In cujus rei testimonium has literas nostras fieri fecimus patentes. Teste me ipso apud Westmonasterium quartodecimo die Septembris anno regni nostri primo. INSPEXIMUS insuper quandam aliam cartam nostratn factam in hcec verba: RICARDUS Dei gratia Rex Angliae et Franciae et Dominus Hiberniae omnibus ad quos praesentes literae pervenerint salutem. Inspeximus quandam cartam indentatam nuper factam inter carissimum dominum et avum nostrum Dominum Edwardum Regem Angliae defunctum et carissimum filium suum Johannem Regem Castellae et Legionis Ducem Lancastriae, avunculum nostrum, et sub magno sigillo praedicti avi nostri sigillatam, in haec verba: Hjec carta indentata facta inter magnificum principem Dominum Edwardum Regem Angliae et Franciae et carissimum filium suum Johannem Regem Castellae et Legionis et Ducem Lancastriae illustrem testatur quod cum idem Dominus Rex Angliae praefatum Johannem nunc Regem Castellae in Comitem Richemondiae praefecerit, et comitatum Richemondiae ac honorem castra maneria terras tenementa et omnia alia loca ad dictum comitatum pertinentia quae Johannes nuper Dux Britanniae et Comes loci praedicti habuit ibidem, praefato Johanni Regi Castellae per nomen Comitis Richemondiae, habenda et tenenda sibi et haeredibus de corpore suo exeuntibus dederit et concesserit per cartam suam, prout in carta praedicta plane liquet: Jamque dictus Johannes Rex Castellae, cum praelatis proceribus comitibus magnatibus nobilibus et sapientibus de concilio regio existentibus praehabitis super hoc diversis tractatibus, perpendens et advertens quod si comitatus honor castra maneria terree tenementa et loca praedicta in se et solium regium, a quo prius exiverant, transferentur, in ipsius Regis Angliae et totius regni Angliae commodum tenderet, quietem pariter et honorem. Et praeterea dictus Johannes Rex Castellae, sicut gratus filius, patria sui beneplacita, honorem et commodum regni Angliae, suis propriis utilitatibus anteponens, pura et spontanea voluntate sua, causis et occasionibus antedictis, specialiter acquievit et concessit quod comitatus honor castra maneria terrae tenementa et loca praedicta, necnon feoda militum ad eadem comitatum honorem castra maneria terras tenementa et loca praedicta pertinentia, et similiter advocationes eisdem spectantes simul cum membris hamelettis pratis pascuis pasturis piscariis moris mariscis turbariis chaciis parcis boscis warennis hundredis wapentachiis feriis mercatis libertatibus liberis consuetudinibus escaetis et omnibus aliis ad praedicta comitatum honorem castra maneria terra3 tenementa et loca pracdicta qualitercunque et ubicunque spectantibus sive pertinentibus, praefato patri suo traderentur; unde praedictus Dominus Rex Angliae gratitudinem praedictam multis attollens laudibus, et volens proinde praefato Johanni Regi Castellae, et in status sui supportationem majorem, retributionem sibi facere competentem, castrum manerium et honorem de Tickhull, castrum et manerium de Alto Pecco, cum feodis militum eisdem castris maneriis et honori pertinentibus sive spectantibus, et omnia feoda quae dictus Dominus Rex Angliae habuit ex dono et concessione Roberti de Lisle militis (feodis quae in manu ipsius Domini Regis Angliae sunt extincta dumtaxat exceptis) necnon advocationes ecclesiarum de Steyndrop et Braunspath in episcopatu Dunolmensi, et liberarum capellarum de Tickhull et de Alto Pecco, ac ecclesiae de Marsfeld, liberae capellae ibidem, liberse capellae infra castrum de Pevenese, prioratus de Wilmingdon, qui est cella abbatiae Sanctae Mariee de Greston in Normannia, et prioratus de Withiham, qui est cella abbatiae Sancti Martini de Meremest Turon', et domus Sancti Roberti de Knaresburgh; castrum manerium et honorem de Knaresburgh cum pertinentiis, et hundredum sive wapentachium de Staynclif, cum pertinentiis in comitatu Eboraci, maneria de Grynglay et Whetclay, cum pertinentiis in comitatu Notinghamiae, maneria de Wyghton, Ailesham, Fakenhamdam, et Snetesham; necnon hundreda de Northgrenehowe, Northerpingham, Sutherpingham, et Smethedon, cum pertinentiis in comitatibus Norfolciae et Suffolciae, maneria de Glatton et Holm, cum pertinentiis in comitatu Huntingdoniae, manerium de Saham, cum pertinentiis in comitatu Cantabrigiae, castrum et leucatam de Pevenese ac maneria de Wilyndon et Marsfeld, necnon ballivam de Endelcnewyk, cum pertinentiis in comitatu Sussexiae, et liberam chaciam de Alto Pecco, quam dictus Dominus Rex Angliae tenuit in manu sua ut forestam, tenendam ut liberam chaciam, ac liberam chaciam de Asshedon, cum juribus et libertatibus liberis chaciis pertinentibus; et annuam firmam ducentarum marcarum quam abbas et conventus beatae Mariae Eborum eidem Domino Kegi Angliao et haredibus suis pro manerio de Whitegift solvere tenentur, percipiendam per manus dictorum abbatis et conventus et successorum suorum, dedit et concessit pro se et haeredibus suis proofato Johanni Regi Castellae, habenda sibi et haeredibus de corpore suo exeuntibus una cum membris hamelettis pratis pascuis pasturis piscariis moris mariscis turbariis chaciis parcis boscis warennis hundredis wapentachiis feriis mercatis libertatibus liberis consuetudinibus escaetis et omnibus aliis ad praedicta castra maneria honores hundreda leucatam ballivam et chacias qualitercunque et ubicunque spectantibus sive pertinentibus de praefato Domino Rege Angliae et haeredibus suis per servitia inde debita et consueta imperpetuum in escambium pro dictis comitatu Richemondiae et honore castris maneriis terris tenementis locis feodis et advocationibus praedictis, quae idem Johannes Rex Castellae per hanc cartam indentatam dedit concessit et sursum reddidit eidem Domino Regi Angliae et haeredibus suis imperpetuum in escambium pro castris maneriis honoribus hundredis leucata balliva chaciis firma feodis et advocationibus praedictis, sibi per ipsum Dominum Regem Angliae, ut praedicitur, datis et concessis, sub ea quae sequitur conditione, quod si haeredes dicti Johannis Regis Castellae recuperaverint per judicium inde rite redditum, comitatum Richemondiae, honorem castra maneria terras tenementa loca feoda et advocationes praedicta aut aliquam parcellam corundem, virtuto doni talliae supradicti, et possessionem inde habuerint, recuperationem illam affirmando, liceat eidem Domino Regi [Angliae]et haeredibus suis castra maneria honores hundreda leucatam ballivam chacias firmam feoda et advocationes precdicta, praefato Johanni Regi Castellae sic in escambium praedictum data et concessa, reintrare et tenere imperpetuum. Et si contingat pracdicta castra maneria honores hundreda leucatam ballivam chacias firmam feoda et advocationes aut aliquam parcellam eorumdem preefato Johanni Regi Castellas in escambium praedictum sic data et concessa ab eodem Johanne Rege [Castellae] seu haeredibus suis praedictis recuperari, dictus Dominus Rex Angliae et haeredes sui debitam recompensationem praefato Johanni Rcgi Castellac et haeredibus suis praedictis, de valore, sine difficultate qualibet facere teneantur. Dumtaraen idem Johannes Rex Castellae et haeredes sui praedicti a dicto Dorhino Rege Angliae aut haeredibus suis auxilium petant, et debitam diligentiara apponant circa salvationem de eo quod versus eos peti contingat Et etiam si comitatum Richemondiae honorem castra maneria terras tenernenta loca feoda et advocationes praedicta aut aliquam parcellam eorumdem extra manus dicti Domini Regis Angliae seu haeredum suorum in feodo simplici aut talliato poni contingat, et imposterum ad manus ejusdem Domini Regis Angliae vel haeredum suorum, ex justa causa, in feodo devenerint, tam idem Dominus Rex Angliae et haeredes sui castra maneria honores hundreda leucatam ballivam chacias firmam feoda et advocationes praedicta praefato Johanni Regi Castellae et haeredibus de corpore suo exeuntibus sic data et concessa, quam praefatus Johannes Rex Castellae et haeredes sui praedicti dictum comitatum Richemondiae ac honorem castra maneria terras tenementa loca feoda et advocationes praedicta dicto Domino Regi Angliae et haeredibus suis in escambium praedictum ut praemittitur data et conccssa, pro integro seu pro rata rehabeant hinc et inde, et restitutio exinde fiat, tenenda prout prius. Et idem Dominus Rex Angliae et haeredes sui castra maneiia honores hundreda leucatam ballivam chacias firmam feoda et advocationes praedicta, praefato Johanni Regi Castellae et haeredibus de corpore suo exeuntibus per ipsum Dominum Regem Angliae data et concessa, praefato Johanni Regi Castellae et haeredibus suis praedictis warantizabunt et imperpetuum defendent, juxta vim et effectum escambii et conditionum praedictorum, Et similiter idem Johannes Rex [Castellae] et haeredes sui praedictum comitatum Richemondise, simul cum honore castris maneriis terris tenementis locis feodis et advocationibus praedictis, praedicto Domino Regi Angliae et haeredibus suis contra omnes gentes warantizabunt et imperpetuum defendent, juxta vim et effectum escambii et conditionum praedictorum. In cujus rei testimonium praedictae cartae indentatae tam sigillum dicti Domini Regis Angliae quam sigillum dicti Johannis Regis Castellae alternatim sunt appensa. Hiis testibus, venerabilibus patribus Willielmo Archiepiscopo Cantuariensi totius Angliae Primate, Simone Londinensi et Willielmo Wintoniensi, Episcopis, Edmundo filio dicti Regis Angliae carissimo Cantabrigiae, Ricardo Arundelliae, Humfrido de Bohun Herefordia; et Willielmo de Monte Acuto Sarum, Comitibus, Hcnrico de Percy, Roberto de Thorp Cancellario, Ricardo de Scrop Thesaurario, Willielmo Latymer Camerario, Johanne de Neville Senescallo hospitii praedicti Domini Regis Angliae, Johanne Knyvet, Willielmo de Fynchedene, Johanne Moubray, Thoma de Ingelby, Willielmo de Wychyngham, Rogero de Meres et Johanne de Cavendissh, ejusdem Domini Regis Angliae justitiariis, et aliis. Data apud Westmonasterium vicesimo quinto die Junii, anno regni dicti Domini Regis Angliae, [Angliae] quadragesimo sexto, regni vero sui Franciae tricesimo tertio. INSPEXIMUS etiam quandam aliam cartam praefati avi nostri nuper factam praedicto avunculo nostro in haec verba: EDWARDUS Dei gratia Rex Angliae et Franciae, et Dominus Hiberniae, archiepiscopis, episcopis, abbatibus, prioribus, ducibus, comitibus, baronibus, militibus, justitiariis, vicecomitibus, praepositis, ballivis, ministris, et aliis fidelibus suis, salutem. Sciatis quod cum nuper per cartam nostram indentatam dederimus et concesserimus pro nobis et haeredibus nostris quantum in nobis fuit carissimo filio nostvo Johanni Regi Castelloe et Legionis, Duci Lancastriae, castrum manerium et honorem de Tickhyll, ac alia terras et tenementa in dicta carta nostra specificata cum pertinentiis; habenda sibi et haeredibus de corpore suo exeuntibus in escambium pro comitatu Richemondiae, ac honore castris maneriis terris tenementis et omnibus aliis locis ad dictum comitatura pertinentibus nobis et haneredibus nostris per praefatum filium nostrum datis concessis et sursum redditis, prout in carta nostra praedicta plenius continetur; ac jam praefatus filius noster nobis supplicaverit ut cum villa de Grenstede quae ut parcella manerii de Marsfeld, villa de Seford quae ut parcella castri et leucatae de Pevensey, et villa de Laghton in Morthyng quae ut parcella castri et honoris de Tickhull, sibi in certum valorem in escambium praedictum (nulla speciali mentione facta de villis illis in dicta carta nostra) liberata fuerunt, tria grossa per se separatim et non pertinentia ad manerium de Marsfeld castrum et leucatam de Pevensey et castrum et honorem de Tickhull praedicta existant, nec aliquo tempore fuerint, sicut jam sibi datur intelligi, velimus ne ipse aut haeredes sui praedicti super occupatione dictarum villarum de Grenstcde, Seford, et Laghton, ob defectum specialis nominationis earumdem in concessione nostra praedicta impetantur infuturum, dictas villas de Grenstede, Seford, et Laghton, nominatim sibi concedere, habendas et tenendas una cum dictis castro manerio et honore de Tickhull, ac aliis terris et tenementis sibi in dictum cscambium datis, et etiam cum libertatibus quietantiis et immunitatibus quas Philippa nuper Regina Angliae, tunc consors nostra, quae dicta castrum manerium et honorem de Tickhull et alia terras et tenementa,.eidem filio nostro per nos sic data, tenuit, in vita sua habuit ex concessione nostra in eisdem, in recompensationem libertatum quietantiarum et immunitatum quas idem filius noster in dicto comitatu Richemondiae et honore castris mancriis terris tenementis et aliis locis ad dictum comitatum pertinentibus habuit, dum ea tenuit, ante escambium supradictum. Nos escambium illud in qualibet parte ejusdem observare, et tam quieti dicti filii nostri et haeredum suorum praedictorum in hac parte prospicere, quam dicta tenementa eidem filio nostro ut praemittitur data et concessa ac dictas villas de Grenstede, Seford, et Laghton, quas virtute dictae concessionis nostrae sic tenet, libertatibus quietantiis et immunitatibus, per praefatam consortem nostram habitis ut pramittitur in eisdem, muniri et exornari, in recompensationem libertatum quietantiarum et immunitatum per praedictum filium nostrum in dicto comitatu Richemondiae et pertinentiis suis praedictis nuper habitarum, et praecipue ob specialem affectionem quam ad personam ejusdem filii nostri, suis meritis magnificis laudabiliter exigentibus, gerimus et habemus, concessimus eidem filio nostro pro nobis et haeredibus nostris quod ipse dictas villas de Grenstede, Seford, et Laghton cum pertinentiis suis universis, etiam licet grossa sint per se, an ut praedictum est pertinentia ad dictum mancrium de Marsfeld, castrum et leucatatn de Pevensey et castrum et honorem de Tickhull, habeat et retineat, una cum dictis castro manerio et honore de Tickhull et aliis terris et tenementis praedictis sibi per nos, ut pramittitur, datis, ac libertatibus quietantiis et immunitatibus subscriptis (quas prafatae Reginas in dictis terris et tenementis quae ipsa sic tenuit ad vitam suam, concessimus, habendas, sicut per inspectionem rotulorum cancellariae nostrae nobis constat), habendis utendis et gaudendis in dictis castro manerio et honore de Tickhull, ac aliis castris maneriis honoribus hundredis, et villis de Grenstede, Seford, et Laghton, ac aliis terris tenementis et locis quibuscumque dicto filio nostro, ut est dictum, per nos datis et in dicta carta nostra plenius specificatis, et qualibet parte eorumdem eidem filio nostro et dictis haeredibus de corpore suo, ut pradictum est, procreatis, in escambium supradictum, sus modo et forma in eadem carta nostra contentis imperpetuum, videlicet, cum feodis militum, advocationibus domorum religiosarum hospitalium ecclesiarum et capellarum, wardis maritagiis et escaetis de omnibus tenentibus de honoribus maneriis terris tenementis et aliis locis proidictis praefato filio nostro per nos sic datis, simul cum chaciis parcis boscis warennis feriis mercatis aquis viis piscariis communis assartis vastis et purpresturis, ac etiam arrentationibus et redditibus quorumcumque assartorum vastorum et purpresturarum tam temporibus progenitorum nostrorum quondam Regum Angliae quam nostro in chaciis et aliis locis praedictis arrentatorum et exnunc arrentandorum, una cum finibus pro ingressu hujusmodi assartorum vastorum et purpresturarum sic arrentandorum, et cum curiis, visibus franci plegii, hundredis, wapentachiis, wrek, wayf' et stray', libertatibus regalibus, et liberis consuetudinibus, et omnibus aliis ad eadem castra honores maneria hundreda et alia terras tenementa et loca qualitercumque [et] ubicumque spectantibus. Concessimus etiam pro nobis et haeredibus nostris eidem filio nostro quod ipse et dicti haeredes sui habeant omnes fines redemptiones et amerciamenta omnium hominum et tenentium suorum de et in castris honoribus maneriis hundredis villis terris tenementis et aliis locis praedictis sibi per nos sic datis, et eorum feodis, ac etiam in omnibus villis hundredis et aliis locis unde annuae firmae et redditus sibi inter caetera terras et tenementa praedicta per nos concessi proveniunt; necnon exitus forisfactos, et omnia quae ad nos et haeredes nostros pertinere poterunt de anno die et vasto, forisfacturis et murdris, in quibuscumque curiis nostris et haeredum nostrorum homines et tenentes illos (tam coram nobis et hasredibus nostris et in cancellaria nostra et haeredum nostrorum, ac coram thesaurario et baronibus nostris et haeredum nostrorum de scaccario, quam coram justitiariis nostris et haeredum nostrorum itinerantibus ad communia placita et ad placita forestae, ac etiam coram justitiariis nostris et haeredum nostrorum de banco, et coram senescallo et marescallo ac coronatore hospitii nostri et haeredum nostrorum et clerico de mercato, ac coram aliis justitiariis et ministris nostris et haeredum nostrorum quibuscumque) fines seu redemptiones facere vel amerciari, aut hujusmodi exitus murdra seu forisfacturas annum diem et vastum adjudicari, contigerit, adeo plene et integre sicut nos ea haberemus si praedicta castra honores maneria hundreda villas terras tenementa et alia loca praedicta, eidem filio nostro sic data, in manu nostra retinuissemus. Ita quod ipse et dicti haeredes sui per manus ballivorum et ministrorum suorum fines redemptiones et amerciamenta hominum et tenentium praedictorum exitus forisfactos, et omnia quae ad nos et haeredcs nostros pertinere poterunt de anno die vasto, forisfacturis et murdris, de et in castris honoribus maneriis hundredis villis terris tenementis et aliis locis pradictis per nos sic datis ac eorum feodis, quae coram praedictis justitiariis itinerantibus ad communia placita et ad placita forestae, ac coram dictis senescallo et marescallo coronatore seu clerico fieri et adjudicari contigerit, per extractas eorumdem justitiariorum itinerantium in itineribus suis et senescalli et marescalli et coronatoris ac clerici in sessionibus suis eisdem ballivis et ministris inde liberandas, necnon fines redemptiones et amerciamenta hominum et tenentium pradictomm, ac exitus forisfactos, et omnia quce ad nos et haeredes nostros pertinere poterunt de anno die et vasto, forisfacturis, et murdris, de et in castris honoribus maneriis hundredis villis terris tenementis et aliis locis praedictis per nos sic datis ac eorum feodis, quae coram nobis et haeredibus nostris, vel in cancellaria nostra et haeredum nostrorum, seu coram thesaurario et baronibus nostris efc haeredum nostrorura de scaccario, seu coram justitiariis nostris et hferedum nostrorum de banco aut justitiariis ad assisas capiendas et ad gaolas deliberandas seu justitiariis ad felonias et transgressiones audiendas et terminandas assignatis, vel coram aliis justitiariis seu ministris nostris et haeredum nostrorum quibuscumque fieri et adjudicari contigerit, per extractas scaccarii nostri et haeredum nostrorum ballivis et ministris dicti filii nostri et dictorum haeredum suorum per manus vicecomitum in quorum ballivis castra honores maneria hundreda villae terrae tenemcnta et alia loca praedicta, ut est dictum, per nos data, ac eorum feoda existunt, inde liberandas, levare percipere et habere possint,— sine occasione vel impedimento nostri vel haeredum nostrorum aut ballivorum seu ministrorum nostrorum quorumcumque. Et quod idem filius noster et dicti haeredes sui habeant in castris honoribus maneriis hundredis villis terris tenementis et aliis locis praedictis per nos sic datis, ac eorum feodis, catalla felonum et fugitivorum; ita quod si quis horainum vel tenentium suorum aut alii in locis praedictis vel eorum feodis pro delicto suo vitam vel membrum debeant amittere vel fugerint et judicio stare noluerint, vel aliquod delictum fecerint pro quo catalla sua debeant perdere (ubicumque justitia de eis fieri debeat sive in curia nostra vel haeredum nostrorum sive in aliis curiis) ipsa catalla sint praefati filii nostri et dictorum haeredum suorum, et liceat eis seu ministris suis sine occasione vel impedimento nostri vel haeredum nostrorum vicecomitum et aliorum ballivorum seu ministrorum nostrorum vel haeredum nestrorum quorumcumque ponerc se in seisinam de catallis praedictis et ea ad usum dicti filii nostri et haeredum suorum retinere. Concessimus etiam praefato filio nostro pro nobis et haeredibus nostris quod ipse et dicti haeredes sui habeant in castris honoribus maneriis hundredis villis terris tenementis et aliis locis praedictis dicto filio nostro sic datis, ac eorum feodis, retorna omnium brevium nostrorum et haeredum nostrorum ac summonitionum extractarum et praeceptorum de scaccario praedicto necnon praeceptorum et extractarum justitiariorum nostrorum et haeredum nostrorum itinerantium tam ad placita forestae quam ad communia placita, et aliorum justitiariorum quorumcumque, et executiones eorumdem brevium, summonitionum, extractarum et praecptorum per ballivos et ministros suos faciendas. Ita quod nullus vicecomcs ballivus aut minister noster vel haeredum nostrorum castra honores maneria villas terras tenementa et alia loca praedicta, ut praemittitur, per nos data, vel eorum feoda, ad officia aliqua seu alia officia sua tangcntia facicnda ingrediatur, nisi in defectum ipsius filii nostri aut dictorum haeredum vel ballivorum seu ministrorum suorum. Volumus insuper et concedimus pro nobis et haeredibus nostris quod si vicecomites vel ballivi libertatum hundredorum seu wapentachiorum in aliquibus executionibus pro eodem filio nostro aut dictis haeredibus suis per brevia sive mandata nostra, vel haeredum nostrorum, aut quovis alio modo faciendis negligentes fuerint vel remissi per quod ipsos in scaccario nostro seu aliis curiis nostris contigerit amerciari vel fines facere, quod fines et amerciamenta illa sint dicti filii nostri et dictorum haeredum suorum, et ad eorum opus leventur. Hiis testibus, venerabilibus patribus Simone Archiepiscopo Cantuariensi totius Angliae Primate, Adam Menevensi Cancellario, Henrico Wigornensi Thesaurario, nostris, Episcopis, Edmundo Comite Cantabrigiae, Thoma de Wodestok Constabulavio Angliee, filiis nostris carissimis, Henvico de Percy Marescallo Anglise, Johanne de Ipre Senescallo hospitii nostri, Nicholao Carreu Custode privati sigilli nostri, et aliis. Data per manum nostram apud Shene quarto die Junii, anno regni nostri Angliae quinquagesimo primo, regni vero nostri Franciae tricesimo octavo. NOS autem tam dictam cartam indentatam quam dictam aliam cartam, ac omnes donationes concessiones et omnia alia in eisdem cartis contenta pro nobis et haeredibus nostris, tenore praesentium, ratificamus et confirmamus, juxta tenorem et effectum cartarum supradictarum. In cujus rei testimonium has literas nostras fieri fecimus patentes. Teste me ipso apud Westmonasterium, quintodecimo die Septembris, anno regni nostri primo. NOS autem donationes, concessiones, confirmationes, libertates, franchesias et quietantias praedictas, ac omnia alia et singula in dictis cartis et literis contenta, rata habentes et grata, ea, pro nobis et haeredibus nostris, quantum in nobis est, de gratia nostra speciali acceptamus, approbamus, et praefato Duci et haeredibus suis praedictis imperpetuum, tenore praesentium, concedimus et confirmamus, sicut cartae et literae supradictae rationabiliter testantur. praeterea volentes eidem Duci gratiam in hac parte facere ampliorem de gratia nostra speciali concessimus pro nobis et haeredibus nostris, et hac carta nostva confirmavimus quod licet ipse aliqua vel aliquibus donationum, concessionum, confirmationum, libertatum, franchesiarum et quietantiarum, aut aliorum in dictis cartis et literis contentorum, aliquo casu emergente, bactenus plene usus non fuerit, idem tamen Dux et haeredes sui pradicti donationibus, concessionibus, confirmationibus, libertatibus, franchesiis et quietantiis, ac omnibus aliis et singulis in cartis et literis praedictis, ut praemittitur, contentis, et eorum quolibet decaetero plene gaudeant et utantur imperpetuum, sine occasione vel impedimento nostri vel haeredum nostrorum, justitiariorum, escaetorum, vicecomitum aut aliorum ballivorum seu ministrorum nostrorum vel haeredum nostrorum quorumcumque. Et ulterius, ad probitatem strenuam et sapientiam excellentissimam ac alios multiplices mores et merita praefati avunculi nostri, qui nullis cedens laboribus vel expensis, se tam in consiliis obsequiis et aliis agendis nobis et toti regno nostro fructuosis et honorificis semper retroactis temporibus obsequiosum pariter et paratum exhibuit et exhibet indefesse, condignam considerationem habentes, et volentes, praemissorum intuitu, praefatum avunculum nostrum, qui prae caeteris in sapientia, strenuitate et honore nobis et regno nostro pradicto maxime valerc et locum potiorem tenere potest, gratiis et favoribus amplioribus praerogare, de uberiori gratia nostra, pro majori securitate ipsius Ducis avunculi nostri, declaramus, concedimus, et confirmamus, pro nobis et haeredibus nostris, praefato Duci, quod ipse ad totam vitam suam habeat omnes fines pro transgressione et aliis malefactis quibuscumque; ac etiam fines pro licentia concordandi, et omnimodos alios fines, redemptiones, et amerciamenta, ex quacumque causa et per quomcumque causam provenientia, necnon exitus forisfactos de omnibus hominibus et tenentibus de et in terris et feodis praedicti Ducis, et de omnibus infra cadem terras et feoda residentibus, quanquam iidem homines, tenentes, seu residentes, ministri nostri vel haeredum nostrorum existant Et quod idern Dux ad totam vitam suam habeat quascumque forisfacturas annum diem vastum et estreppamentum, et quicquid ad nos vel haeredes nostros pertinere poterit do anno die vasto et estreppamento, forisfacturis et murdris, infra terras et feoda preedicta, in quibuscumque curiis nostris et haeredum nostrorum sive in quacumque curia alterius, contigerit quod praedicti homines, tenentes, seu residentes facient fines vel erunt amerciati, vel exitus forisfacient, seu quod praedicta annus dies fastum et estreppamentum, forisfactura vel murdrum, adjudicata erunt, tam in praesentia nostra et haeredum nostrorum, quam in absentia nostra et haeredum nostrorum, et tam coram nobis et haeredibus nostris, et in cancellaria nostra et haeredum nostrorum, ac coram thesaurario et baronibus de scaccario nostro et haeredum nostrorum, et coram justitiariis nostris et haeredum nostrorum de communi banco, necnon coram senescallo et marescallis seu coram coronatore hospitii nostri et haeredum nostrorum vel clerico mercati, qui pro tempore erunt, et in aliis curiis nostris et haeredum nostrorum, quam coram justitiariis nostris itinerantibus ad communia placita et ad placita forestae, justitiariis ad assisas capiendas et gaolas deliberandas, ac coram quibuscumque aliis justitiariis et ministris nostris et haeredum nostrorum, tam in praesentia nostra et haeredum nostrorum, quam in absentia nostra et haeredum nostrorum, adeo plene et integre sicut nos vel haeredes nostri ea haberemus si illa praefata Duci non concessissemus. Ita quod praedictus Dux per manus ballivorum et aliorum ministrorum suorum levare, percipere, et habere possit, fines, redemptiones, et amerciamenta ipsorum hominum tenentium et residentium de et in terris et feodis praedictis, exitus forisfactos, et quicquid ad nos vel haeredes nostros pertinere poterit de anno die vasto estreppamento, forisfacturis et murdris, de et in terris et feodis praedictis, quae coram dictis justitiariis itinerantibus ad communia placita et ad placita forestae, ac coram pracdictis senescallo et marescallis coronatore vel clerico mercati, fieri seu adjudicari contigerit, per extractas eorumdem justitiariorum itinerantium in itineribus suis, ac praedictorum senescalli marescallorum coronatoris et clerici in sessionibus suis, ballivis et ministris praedicti Ducis inde liberandas; ac etiam fines, redemptiones, et amerciamenta de hominibus tenentibus et residentibus praedictis, ac exitus forisfactos, et omnia quae ad nos vel haeredes nostros pertinere poteruut de anno die vasto estreppamento, forisfacturis et murdris, de et in terris et feodis praedictis, quae coram nobis vel haeredibus nostris, vel in cancellaria nostra et haeredum nostrorum, seu coram thesaurario et baronibus de scaccario nostro et haeredum nostrorum, vel coram justitiariis nostris et haeredum nostrorum de communi banco, sive coram justitiariis ad assisas capiendas et gaolas deliberandas, aut justitiariis ad transgressiones et felonias audiendas et terminandas assignatis, seu coram aliis justitiariis vel ministris nostris quibuscumque et haeredum nostrorum, fieri vel adjudicari contigerit, per extractas de scaccario nostro et haeredum nostrorum, ballivis et ministris praefati Ducis, per manus vicecomitum in quorum ballivis dicta terrae et feoda existunt, inde liberandas;—sine occasione vel impedimento nostri vel haeredum nostrorum, justitiariorum, vicecomitum, escaetorum, aut aliorum ministrorum nostrorum et haeredum nostrorum quorumcumque. Et quod praedictus Dux ad totam vitam suam per se [ ] ministros suos in omnibus terris et feodis praedictis, tam in praesentia nostra et haeredum nostrorum quam in absentia nostra et haeredum nostrorum, faciat et habeat assaiam et assisam panis vini et cervisiae et omnimodorum aliorum victualium quorumcumque ac aliorum ad officium clerici de mercato nostri et haeredum nostrorum pertinentium, cum punitione eorumdem quotiens et quando expediens fuerit et necesse: ac etiam habeat et percipiat fines amerciamenta et redemptiones ac omnimoda proficua inde provenientia; ita quod clericus mercati nostri et haeredum nostrorum non ingrediatur dicta terras vel feoda pro aliquibus ad officium suum pertinentibus faciendis seu exercendis. Et quod praedictus Dux ad totam vitam suam habeat catalla fugitivorum et felonum tam felonum de se quam aliorum quorumcumque ac utlagatorum ex quacumque causa omnium hominum et tenentium de et in terris et feodis praedictis, necnon omnium residentium infra eadem terras et feoda, quanquam iidem homines tenentes aut residentes ministri nostri vel haeredum nostrorum existant: ita quod si aliquis hominum et tenentium de et in terris et feodis praedictis seu aliquis residentium in dictis terris et feodis, aut aliquis alius in eisdem terris et feodis, pro aliquo suo malefacto quocumque debeat vitam vel membrum amittere, seu fugiat, et judicio stare noluerit, aut aliquam aliam transgressionem faciat pro qua ipse debet perdere catalla sua, (in quo loco justitia de eo fieri debeat, sive in curia nostra et haeredum nostrorum vel in aliis curiis,) catalla illa sint praedicti Ducis: et quod liceat ei seu ministris suis ponere se in seisinam dictorum catallorum et eadem catalla ad opus praefati Ducis retinere;—sine occasione vel impedimento nostri vel haeredum nostrorum, vicecomitum, escaetorum, aut aliorum ballivorum seu ministrorum nostrorum et haeredum nostrorum quorumcumque. Et quod praefatus Dux ad totam vitam suam habeat rctorna omnium brevium nostrorum et haeredum nostrorum, necnon summonitionum extractarum et praeceptorum de scaccario nostro, et de scaccario haeredum nostrorum, ac extractarum et praeceptorum justitiariorum nostrorum et haeredum nostrorum itinerantium tam ad placita forestae quam ad communia placita, ac aliorum justitiariorum quorumcumque, necnon attachiamenta tam de placitis corona; quam aliorum in omnibus terris et feodis praedictis. Et quod praedictus Dux ad totam vitam suam per se et per ballivos et ministros suos habeat in eisdem terris et feodis executionem eorumdem brevium summonitionum extractarum et praeceptorum. Ita quod nullus vicecomes ballivus seu alius minister noster vel haeredum nostrorum praedicta terras et feoda ingrediatur pro aliquo officio vel aliqua re officium suum tangente faciendo, nisi in defectu ipsius Ducis vel ministrorum suorum. Et ulterius concedimus et hac carta nostra confirmavimus pro nobis et dictis haeredibus nostrie quod si vicecomitcs vel ballivi libertatum hundredovum seu wapentachiorum, in aliquibus executionibus pro praedicto Duce, per brevia seu mandata nostra vel haeredum nostrorum, seu aliquo alio modo, faciendis, negligentes fuerint vel remissi, per quod contigerit ipsos amerciari aut fines facere in scaccario vel in aliis curiis nostris et haeredum nostrorum, hujusmodi fines et amerciamenta sint praofati Ducis, et quod lcvcntur ad opus ipsius Ducis per ministros suos supradictos, durante vita sua. Et quod praedictus Dux ad totam vitam suam habeat infra omnia praedicta terras et feoda omnimoda catalla vocata wayf et stray, deodanda, thesaurum inventum ac alias res vel catalla inventa; et quod ipse per se et ministros suos seisire et capere possit ad voluntatem suam ad opus praedicti Ducis, wayfs et strayes, deodanda, thesaurum inventum ac alia inventa supradicta. Et quod praedictus Dux ad totam vitam suam habeat quaecumque bona et catalla vocata manuopera capta vel capienda cum quacumque persona infra terras et feoda praedicta, ac per eandem personam coram quocumque judice deadvocata. Salvis semper et reservatis praefato Duci, et haeredibus suis praedictis, omnimodis aliis privilegiis, immunitatibus, et quietantiis, eis, per nos aut per dictum avum nostrum, datis concessis seu confirmatis. Hiis testibus, venerabilibus patribus Willielmo Cantuariensi totius Angliae Primate, Thoma Eboracensi Angliae Primate, Cancellario nostro, Archiepiscopis, Roberto Londinensi, Roberto Cicestrensi, Tideman Wigorneusi, Episcopis, Edmundo Eborum, Thoma Gloucestriae, Ducibus, avunculis nostris carissimis, Edwardo Rotelandae, Ricardo Arundelliae, Thoma Marescallo et Notinghamiae, Henrico Northumbriae, Comitibus, Rogero Walden Thesaurario nostro, Thoma de Percy Senescallo hospitii nostri, Guidone Mone Custode privati sigilli nostri, et aliis. Data per manum nostram apud Westmonasterium vicesimo nono die Junii, anno regni nostri vicesimo. — plenius continetur. NOS nolentes dictam haereditatem nostram, aut libertates ejusdem, occasione instantis assumptionis regalis status et dignitatis nostrae in aliquo mutari, transferri, diminui, seu derogari, sed eandem haereditatem nostram cum juribus et libertatibus suis praedictis, eisdem modo, forma, conditione, et statu quibus nobis descenderant et evenerant, ac etiam cum omnibas et singulis talibus libertatibus et franchesiis, ac aliis privilegiis, commoditatibus, et proficuis quibuscumque, quibus praedictus domiuus et pater noster, dum vixit, eam, ad terminum vitae suae, ex concessione praedicti Ricardi nuper Regis, habuit et tenuit, nobis et dictis haeredibus nostris in dictis cartis specificatis, plenarie et integre conservari, continuairi, et haberi, volumus, ac tenore praesentium ex certa scientia nostra, de assensu praesentis parliamenti nostri, concedimus, declaramus, discernimus, et ordinamus, pro nobis et haeredibus nostris, quod tam ducatus noster Lancastriae, quam universa et singula alia comitatus, honores, castra, maneria, feoda, advocationes, possessiones, annuitates et dominia quaecumque, nobis, ante adeptionem dignitatis nostrse regiae, qualitercumque et ubicumque, jure haereditario, in dominico servitio vel in reversione, seu alias qualitercumque discensa, nobis et dictis haeredibus nostris in cartis praedictis specificatis, in forma praedicta remaneant imperpetuum, et quod taliter et tali modo, et per tales officiarios et ministros in omnibus deducantur, gubernentur, et pertractentur, sicut remanere, deduci, gubernari, et pertractari deberent si ad culmen dignitatis regiae assumpti minime fuissemus, ac insuper quod talia et hujusmodi lihertates, jura regalia, consuetudines et franchesiae, in ducatu, comitatibus, honoribus, castris, maneriis, feodis, ac caeteris possessionibus et dominiis praedictis, in omnibus et per omnia, imperpetuum habcantur, oxerceantur, continuentur, fiant et utantur, et per tales officiarios et ministros gubernentur et exequantur, quae et qualia et per quales officiarios et ministros, tam tempore dicti domini et patris nostri, quam temporibus aliorum progenitorum et antccessorum nostrorum, in eisdem ducatu, comitatibus, honoribus, castris, maneriis, feodis, ac aiiis possessionibus et dominiis praedictis, uti et haberi, ac regi et gubernari consueverunt, virtute cartarum praedictarum: Volentes ulterius et concedentes, ac pro nobis et haeredibus nostris praedictis, ex certa scientia nostra et de assensu praedictis, plenarie declarantes, quod universi et singuli tenentes nostri de ducatu, comitatibus, honoribus, maneriis, feodis, ac aliis possessionibus et dominiis praedictis, et haeredes sui, adeo liberi sint et in omnibus talis ac adeo liberae et illesae conditionis, tam in ingressibus suis in haereditates suas post mortem antecessorum suorum, quam in tenuris suis, ac alias qualitercumque, sicut esse possent et deberent, de consuetudine vel de jure, si dicta dignitas nostra regia nobis nusquam accidisset, dicta assumptione nostra dignitatis regiae, aut eo quod ducatus, comitatus, honores, castra, maneria, feoda, advocationes, possessiones, dominia et libertates praadicta in manu nostra jam existunt, seu aliqua interruptione, cessatione, vel discontinuatione libertatum praedictarum, seu aliquibus aliis occasionibus, causis, coloribus, vel impedimentis quibuseumque, quae incontrarium praesentis voluntatis, concessionis, et declarationis nostrae vigorem seu effectum aliquem habere nolumus, in aliquo non obstantibus. Proviso semper quod tenentes nostri infra comitatum nostrum paktinum Lancastriae haereditates suas in manum nostram et dictorum hairedum nostrorum in dictis cartis specificatorum, post mortem antecessorum suorum, seu alio modo seisiendes et capiendas, extra eandem manum nostram, et dictorum haeredum nostrorum in cartis praedictis specificatorum, per liberationem in cancellaria regalitatis ibidem habendam, prosequantur, ut est moris et fuerit faciendum ratione regalitatis supradictae; et quod praerogativa nostra quoad maritagia et proficua maritagiorum haeredum aliorum tenentium nostrorum, extra dictum comitatum palatinum, seisienda et habenda, locum habeat et vigorem. Volumus insuper et concedimus, pro nobis et haeredibus nostris, ex certa scientia nostra et assensu praedictis, quod universa et singula beneficia ecclesiastica ad haereditatem nostram praedictam spectantia, per nos et dictos haeredes nostros in dictis cartis specificatos, continue futuris temporibus conferantur: Ita quod cancellarius vel thesaurarius Angliae pro tempore existentes, seu quivis alius officiarius regius, de collatione vel praesentatione, seu etiam de visitatione beneficiorum hujusmodi, ratione officiorum suorum, se nullatenus intromittant in futuro. Volumus etiam et concedimus, pro nobis et haeredibus nostris, ex certa scientia nostra et de assensu prredictis, quod omnes et singuli receptores, feodarii, firmarii, ballivi, praepositi, officiarii, ac quicumque alii servientes et ministri nostri, et dictorum haeredum nostrorum in dictis cartis specificatorum, praedictorum ducatus, comitatuum, honorum, castrorum, maneriorum, feodorum, possessionum, dominiorum et libertatum, ue omnibus et eingulis denariis, firmis, redditibus, exitibus, reventionibus, et proficuis quibuscumque de eisdem ducatu, comitatibus, honoribus, castris, maneriis, feodis, possessionibus, dominiis et libertatibus, qualitercumque provenientibus, coram certis specialibus auditoribus, officiariis et ministris, per nos et dictos haeredes nostros in cartis praedictis specificatos de tempore in tempus ad hoc limitandis et assignandis, duntaxat, et non coram thesaurario et baronibus de scaccario regio, computent et respondeant routinuo infuturum. Ita quod theoaurarius et barones do scaccario praedicto, dc aliquibus hujusmodi denariis, firmis, redditibus, exitibus, reventiunibus aut proficuis, seu de aliquibus compotis, vel ratiociniis inde audiendis, habendis, reddendis, vel terminandis infuturum, se non intromittant ullo modo. In cujus rei testimonium has literas nostras fieri fecimus patentes. Teste me ipso apud Westmonasterium, quarto decimo die Octobris, anno regni nostri primo.

Nos, pro eo quod de avisamento et assensu Dominorum Spiritualium et Temporalium, ac Communitatis regni nostri Angliae in instanti parliamento nostro existentium, ac auctoritate ejusdem, ordinatum et stabilitum existit quod Henricus nuper nuncupatus Rex Henricus Sextus omnia castra, maneria, dominia, villas, villatas, honores, terras, tenementa, redditus, servitia, feodi-rmas, feoda militum, advocationes, haereditamenta, et poasessiones, cum suis pertinentiis, quse ipse seu aliquis alius ad usum suum tertio die Marcii ultimo prneterito habuit, de ducatu Lancastriae existentia, vel quae aliqua parcella sive membrum ejusdem ducatus aut eidem, primo anno Henrici nuper nuncupati Regis Henrici Quinti, aut aliquo tempore citra, unita vel annexa fuerunt, nobis et coronae nostrae Angliae forisfaciat,—de eisdem avisamento assensu et auctoritate ordinavimus et stabilivimus quod eadern maneria, casira, dominia, honores, villae, villatae, terrae, tenementa, redditus, servitia, feodi-rmae, feoda militum, advocationes, haereditamenta et possessiones, cum suis pertinentiis, in Anglia, Wallia, et Calesio et marchiis earundem, fiant, et a quarto die Marcii ultimo praeterito sint, dictus ducatus Lancastriae corporatus, et Ducatus Lancastriae nominentur; et quod onmia eadem maneria, castra, et caetera praemissa, cum suis pertinentiis, per idem nomen Ducatus, ab omnibus a!iis nostris haercditamentis separata, a dicto quarto die Marcii, nobis et haeredibus nostris Regibus Angliae seisiamus, habeamus, percipiamus, teneamus, et haereditemus, eisdemque gaudeamus in perpetuum. Et quod comitatus Lancastriae sit Comitatus Palatinus, ac quod nos et haeredes nostri habeamus, ut parcellam dicti ducatus, eundem comitatum Lancastriae comitatum palatinum, ac Sigillum, Cancellarium, Justitiarios et Officiarios ibidem pro eodem, ac omnimoda libertates, consuetudines, jura regalia, et franchesias in eodem comitatu palatino juste et legitime usitata: Ulteriusque aliud sigillum vocatum Sigillum Ducatus Lancastriae, ac Cancellarium pro custodia ejusdem, Officiarios et Conciliarios pro regimine et gubernatione ejusdem ducatus, ac particularium officiariorum, ministrorum, tenentium et inhabitantium ejusdem, in adeo magna ampla et larga forma, prout Henricus se nominatus Henricum Quintum aliquo tempore in eodem habebat, excercebat, et legitime gaudebat, et quod eadem auctoritate dicti officiarii et ministri, ac etiam tenentes et inhabitantes de et in eodem ducatu, habcant et excerceant talia et omnia hujusmodi libertates, franchesias, privilegia, et consuetudinos, eisdemque gaudeant et utantur, quae qualia vel quibus officiarii, ministri, tenentes et inhaoitantes ejusdem ducatus, tempore Henrici se nominantis Regem Henricum Quintum habebant, excercebant, utebantur, vel legitime gaudiebant; ac etiam quod in eodem ducatu omnia talia libertates, franchesiae, consuetudines, privilegia, et jurisdictiones excerceantur, habeantur, et occupentur, qualia in eodem ente dictum quartum diem Marcii legitime usitata fuerunt, et quod officiarii, ministri, tenentes et inhabitantes de vel in eodem ducatu, juxta eadem libertates, franchesias, custumas, privilegia et jurisdictiones tractentur et deducantur, incontrariumque non distringantur, arctentur, vel compellantur quovismodo, In cujus rei testimonium has literas nostras fieri fecimus patentes. Teste me ipso apud Westmonasterium quarto die Novembris, anno regni nostri primo

EDWARD, by the grace of God, King of England and France and Lord of Ireland, to all to whom the present letters shall come, greeting. We have inspected the letters patent of Henry the Fourth, late in fact and not of right King of England, made in these words:

Henry by the grace of God, King of England and France and Lord of Ireland, to all to whom the present letters shall come, greeting. Know ye, that whereas the duchy of Lancaster, and very many other counties, honors, castles, manors, fees, possessions, and lordships, within our realm of England and Wales and elsewhere, before the Lord of all tilings so lately in his unspeakable mercy called us to the regal estate and dignity, did descend and come unto us by hereditary right, by the death as well of Henry of famous memory, late Duke of Lancaster, our grandfather, as of our most dear lord and father John late Duke of Lancaster, and also of our most dear lady and mother Blanche, his wife, daughter and heiress of the aforesaid Henry; in which said duchy, counties, honors, castles, manors, possessions, and lordships, divers liberties, jura regalia, customs, and franchises were and had been granted to our said progenitors and ancestors,—to wit, some to them and the heirs of their bodies issuing, and some to them and the heirs male of their bodies issuing, and some to our aforesaid lord and father for the term of his life,—by divers charters as well of the lord Edward late King of England, our grandfather, as of the lord Richard late King of England, the second after the conquest, as is contained more fully in the charters aforesaid, the tenors whereof follow in these words:— EDWARD, by the grace of God, King of England and France and Lord of Ireland, to all to whom the present letters shall come, greeting. Know ye, that if we, weighing with due consideration the noble bearings of all those who laudably and strenuously have served us in our wars, be desirous of raising them to honors, and rewarding them for their valor according to their merits, how much more doth it become us to advance with greater honors and favors our own sons, whom we see excelling others as well in wisdom as in noble bearing, and who have stood and may stand us in better stead. Considering, therefore, the strenuous goodness and excellent wisdom of our most dear son John King of Castille and Leon, Duke of Lancaster, who hath ever shewn himself ready to serve us with labor and charges, many times in our need intrepidly exposing himself for us to the dangers of war, and being willing on that account, and desiring now to reward, albeit not in full, the same our son with some benefit and honor as his merits worthily demand, of our certain knowledge and with cheerful heart, with the assent of the prelates and nobles assembled in our present parliament convoked at Westminster, we have granted, for us and our heirs, unto our aforesaid son, that he for the whole of his life may have within the county of Lancaster his chancery, and his writs to be sealed under his seal to be deputed for the office of the chancery, his justices to hold as well pleas of the crown as all other pleas whatsoever touching the common law, and the cognisance thereof, and all manner of execution to bo made by bis writs and his ministers there, and all other liberties and jura regalia pertaining to a Count Palatine, as freely and entirely as the Earl of Chester is well known to obtain within the same county of Chester: (saving always the tenths, fifteenths, and other contributions and subsidies granted and hereafter to be granted to us and our heirs by the commonalty of our realm, and the tenths and other contributions granted and hereafter to be granted to us by the clergy of the same our realm, or imposed and to be imposed upon the same clergy by the apostolic see;—and the pardon of life and limbs in case that any person of the same county, or other person in the same county, ought for any delict to lose his life or limb; — and also the superiority and power of correcting those things which shall have been erroneously done there in the courts of our same son, or if our same son or his ministers shall have failed in doing justice there also in the courts of the same our son.) And it is our intention that our same son, at the mandates of us and our heirs, be held to send to our parliaments and councils two knights for the commonalty of the shire aforesaid, and two burgesses from every borough of the same shire, to treat with the others of the commonalty of our said realm coming to the said parliaments and councils concerning the affairs of our said realm in the same parliaments and councils to be declared. And that our same son shall assign certain trusty and sufficient men for the like tenths and fifteenths, subsidies and other contributions, so often as they shall happen to be granted to us or our heirs in parliament or council; so that we and our heirs may by them be answered in respect of such grants. In witness whereof we have caused these our letters to be made patent. Witness ourself at Westminster, on the twentyeighth day of February, in the fiftyfirst year of our reign of England, and the thirtyeighth of our reign of France. RICHARD, by the grace of God, King of England and France, and Lord of Ireland, to his archbishops, bishops, abbots, priors, dukes, earls, barons, justices, sheriffs, reeves, ministers, and all his bailiffs and faithful people, greeting. Know ye, that whereas the Lord Edward, late King of England, our grandfather, did by his charter give and grant to his son, our most dear uncle, John Duke of Lancaster, at that time Earl of Lancaster, the name and honor of Duke, and did make him Duke of Lancaster, and invest him with the same name and honor by girding of the sword and setting upon his head the cap, to have the same name and honor of Duke of Lancaster to him and his heirs male of his body lawfully begotten for ever; and subsequently our same grandfather did by his letters patent grant for himself and his heirs to our aforesaid uncle, that he for the whole of his life should have within the county of Lancaster his chancery, and his writs to be sealed under his seal to be deputed for the office of the chancery, his justices to hold as well pleas of the crown as all other pleas whatsoever touching the common law, and the cognizance thereof, and all manner of execution to be made by his writs and his ministers there, and all other liberties and jura regalia pertaining to a Count Palatine, as freely and entirely as the Earl of Chester is well known to obtain within the same county of Chester; saving always the tenths, fifteenths, and other contributions and subsidies then granted and thereafter to be granted to our same grandfather and his heirs by the commonalty of his realm, and the tenths and other contributions then granted and thereafter to be granted by the clergy of the same realm, or imposed and to be imposed upon the same clergy by the apostolic Bee; and the pardon of life and limbs in ease that any person of the same county, or other person in the same county, ought for any delict to lose his life or limb; and also the superiority and power of correcting those things which shall have been erroneously done there in the court of our same uncle, or if our same uncle or his ministers should have failed in doing justice in his court And that our same uncle, at the mandate of the same our grandfather and his heirs, should be held to send to his parliaments and councils two knights for the commonalty of the shire aforesaid, and two burgesses from every borough of the same shire, to treat with the others of the said realm coming to the parliaments and councils concerning the affairs of the said realm in the same parliaments and councils to be declared: and that our same uncle should assign certai[ ]y and sufficient men for the like tenths and fifteenths, subsidies and other contributions, so often as they should happen to be granted to our same grandfather or his heirs in parliament or council; so that our same grandfather might by them be answered in respect of such grants. And we lately, at the prosecution of our same uncle by his petition to us exhibited in our parliament holden at Gloucester, (suggesting that by pretext of the said general words he had had, exercised, and held from the time of the grant of our said grandfather his exchequer in the same county of Lancaster, and all things to such exchequer pertaining, and the jurisdiction, and power of making and appointing his justices in eyre for pleas of the forest, and other justices for all manner of other pleas touching the assize of the forest within the said county of Lancaster,) with the assent of the prelates, dukes, earls, barons, and the commons of our realm of England in the same parliament assembled, by our letters patent did declare that our same uncle should and might be able, by virtue of the said general words, to use all and every the premises by him used by pretext of the same general words as is premised; and further, of our especial grace we did grant, for us and our heirs, to our same uncle, that he might have his exchequer in the said county of Lancaster, and barons and other ministers necessary in the same exchequer, and also all jurisdictions, executions, and customs whatsoever in the same his exchequer which are reasonably used in our exchequer of England, and might fully and reasonably use and enjoy them there; and that he might have the jurisdiction and power of making and appointing his justices in eyre to hold pleas of the forest, and other justices to hold all manner of other pleas touching the assize of the forest, within the said county of Lancaster, during the life of our same uncle (saving always nevertheless all manner of other pleas and plaints arising in the said exchequer, or before the aforesaid justices, where we or our heirs should be, or should happen to be made, parties); and we did will that all the general words contained in the aforesaid grant of our same grandfather should remain in force during the life of our abovesaid uncle, notwithstanding the declaration and grant aforesaid, as in the charter and letters aforesaid more fully is contained. And now our aforesaid uncle hath besought us that we would deign to grant the abovesaid liberties, franchises, privileges, jura regalia, and all and every other the things to him above granted, to him and his heirs male of his body issuing, to have in the same manner as he now hath them, together with the said name of Duke of Lancaster in all times to come. We, weighing with duo consideration the strenuous probity and most excellent wisdom of our aforesaid uncle, who hath ever shewn himself in times past, and unweariedly continues to prove, very ready to serve us and our realm, and at the same time most profitably, with his continual labor, charges, and counsel; and hoping undoubtedly that his heirs male of his body lawfully begotten ought through the mediation of Divine Mercy to follow the footsteps of their progenitors, who have proceeded from so noble and royal a stock, in wisdom, honor, and prowess, and that they will be able, in times to come, mightily to avail and stand ourself and our heirs and our realm in good stead, and being willing in regard of the premises graciously to assent to the aforesaid petition, with the assent of our present parliament, of our certain knowledge, and with cheerful heart, do grant for us and our heirs to our aforesaid uncle, that he and his heirs male of his body lawfully begotten may have within the county of Lancaster their chancery, and their writs to be sealed under their seal to be deputed for the office of the chancery, their justices to hold as well pleas of the crown as all other pleas whatsoever touching the common law, and the cognizance thereof, and all manner of execution to be made by their writs and their ministers there, and all other liberties and jura regalia pertaining to a Count Palatine, as freely and entirely as the Earl of Chester is well known to obtain. And that they may have their exchequer in the said county of Lancaster, and barons and other ministers necessary in the same exchequer, and also all jurisdictions, executions, and customs whatsoever, which are reasonably used in our exchequer of England, and may fully and reasonably use and enjoy them there; and that they may have the jurisdiction and power of making and appointing their justices in eyre to hold pleas of the forest, and other justices to hold all manner of other pleas touching the assize of the forest within the said county of Lancaster for ever. Saving always, nevertheless, all manner of other pleas and plaints arising in the said exchequer, or before the aforesaid justices, where we or our heirs shall be, or shall happen to be made, parties; and saving always the tenths, fifteenths, and other contributions and subsidies granted and hereafter to be granted to us and our heirs by the commonalty of our realm, and the tenths and other contributions granted or hereafter to be granted by the clergy of the same realm, or imposed and to be imposed upon the same clergy by the apostolic see; and the pardon of life and limbs in case that any person of the same county, or other person in the same county, ought for any delict to lose his life or limb; and also the superiority and power of correcting those things which shall have been erroneously done there in the court of our same uncle or his said heirs; or if our same uncle, or his said heirs or their ministers, shall fail in doing justice in their court And that our same uncle and his said heirs, at the mandates of us and our heirs, shall be held to send to the parliaments and councils of us and our heirs two knights for the commonalty of the shire aforesaid, and two burgesses from every borough of the same shire, to treat with the others of our said realm coming to the parliaments and councils concerning the affairs of the said realm in the same parliaments and councils to be declared: and that our same uncle and his heirs shall assign certain trusty and sufficient men for the like tenths and fifteenths, subsidies, and other contributions, so often as they shall happen to be granted to us or our heirs in parliament or council; so that we and our heirs may by the same men be answered in respect of such grants. Wherefore we will and strictly command that our same uncle and his heirs aforesaid shall have and hold all and every the abovesaid liberties, franchises, privileges, exchequer, jura regalia, and other things, together with the said name and honor of Duke of Lancaster, except as before excepted, in the same manner and as freely and entirely as our same uncle at present has and holds them, for ever, as is aforesaid. These being witnesses, William Archbishop of Canterbury, Primate of all England; Thomas Archbishop of York, Primate of England; Robert Bishop of London; William Bishop of Winchester, our Chancellor; John Bishop of Saint David's, our Treasurer; our most dear uncles, Edmund Duke of York, and Thomas Duke of Gloucester; Richard Earl of Arundel; William Earl of Salisbury; Henry Earl of Northumberland; Richard Lescrope; John Devereux, Steward of our household, and others. Given under our hand at Westminster, on the sixteenth day of February, in the thirteenth year of our reign. RICHARD, by the grace of God, King of England and France, and Lord of Ireland, to his archbishops, bishops, abbots, priors, dukes, earls, barons, justices, sheriffs, reeves, ministers, and all his bailiffs and faithful people, greeting. We have inspected the charter of the Lord Edward, late King of England, our grandfather, made in these words: EDWARD, by the grace of God, King of England, Lord of Ireland and Aquitaine, to his archbishops, bishops, abbots, priors, earls, barons, justices, sheriffs, reeves, ministers, and all his bailiffs and faithful people, greeting. Know ye, that whereas we, lately considering how that the county of Lancaster, and many castles, towns, manors, lands, and tenements, with their appurtenances, as well in the counties of Lincoln and Derby, as in divers other counties of our realm, which were of Henry late Duke of Lancaster and Earl of Lincoln and Derby, lately after the death of the same Duke had devolved, to wit, Borne by hereditary descent, upon John Earl of Richmond, our most dear son, and Blanche his wife, one of the daughters and coheirs of the aforesaid Duke, according to the partition made between them and Matilda, the then other daughter and coheir of the same Duke, and some were to remain, under a certain form, to the same Earl and Blanche, according to an ordinance and grant of the aforesaid Duke whilst he lived, and being willing, therefore, to shew especial favor to the same our son, in order that he might the more decently maintain himself according to the nobility of his station, did grant for us and our heirs to the aforesaid John now Earl of Lancaster and Richmond, that he and his heirs of his body and the body of the aforesaid Blanche, lawfully begotten, for ever should have the return of all writs of us and our heirs, and all pleas of withernam in the lands and fees of the heritage of the aforesaid Duke, which then were in the hands of the same Earl and Blanche, and which thereafter were to remain to them according to the ordinance and grant aforesaid, when they should come into their hands; and also all fines and amercements of all their men and tenants wheresoever it should happen that such men and tenants should make fine or be amerced in the courts of us and our heirs; and also all the chattels of all their men and tenants, being felons and fugitives and persons condemned, as in our charter thereof made more fully is contained. And now all the lands and tenements, with their appurtenances, which the aforesaid Matilda held as her purparty aforesaid of all the lands and tenements aforesaid which were of the aforesaid Duke, and also certain other lands and tenements, with appurtenances, in the counties of Norfolk and Suffolk, which the same Matilda held of the inheritance of the same Duke by the gift and feoffment of John Bishop of Lincoln, Richard Earl of Arundel, Robert de la Mare, John de Buklond, John Charnels, Walter Power, Simon Symeon, and John Neumarche, have by the death of the same Matilda descended by hereditary right to the aforesaid Earl and Blanche, as sister and heir of the aforesaid Matilda:—We, willing to pursue with our gracious favor the aforesaid Earl and Blanche, have granted and by this our charter have confirmed to the aforesaid Earl, that he and his heirs of his body and the body of the aforesaid Blanche, lawfully begotten, for ever may have the return of all writs of us and our heirs, and all pleas of withernam, as well in the lands and fees which the same Earl and Blanche now hold of the aforesaid purparty of the same Blanche, as in the lands and fees which were of the aforesaid Matilda, and which the same Earl, and Blanche as sister and heir of the same Matilda, now hold of the inheritance aforesaid, and also in the lands and fees of the same inheritance which are hereafter to remain or revert to the same Earl and Blanche, when they shall come into their hands; and also all fines and amercements of all their men and tenants wheresoever the same men and tenants shall happen to make fine or be amerced in the courts of us and our heirs; and also all the chattels of all their men and tenants, being felons and fugitives and persons condemned. Wherefore we will and strictly command for us and our heirs, that the aforesaid Earl and his heirs aforesaid for ever shall have the return of all writs of us and our heirs, and all pleas of withernam in their lands and fees aforesaid; and all fines and amercements of all their men and tenants aforesaid, wheresoever the same men and tenants shall happen to make fine or be amerced in the courts of us and our heirs; and also all the chattels of their men and tenants, being felons and fugitives and persons condemned, as is aforesaid, and in the same manner in which Henry late Earl of Lancaster, father of the aforesaid Duke, or the same Duke, to whom we granted by our charters successively to have the like liberties in their lands and fees, had the same liberties and was accustomed reasonably to use them. These being witnesses, Simon Archbishop of Canterbury, Primate of all England; William Bishop of Winchester, our Chancellor; Simon Bishop of Ely, our Treasurer; Edward Prince of Wales, our most dear eldest son; Richard Earl of Arundel; Thomas Earl of Warwick; and William Earl of Salisbury, and others. Given under our hand at Westminster on the twelfth day of May, in the thirtysixth year of our reign. WE have inspected also a certain charter of ours made in these words: RICHARD, by the grace of God, King of England and France, and Lord of Ireland, to all to whom the present letters shall come, greeting. We have inspected a certain charter of our most dear Lord and grandfather Lord Edward, late King of England, deceased, lately made to [our dearest uncle] John King of Castille and Leon, Duke of Lancaster, son of our same grandfather, by name of John Duke of Lancaster, and to Blanche, late his wife, in these words: Edward, by the grace of God, King of England, Lord of Ireland and Aquitaine, to his archbishops, bishops, dukes, abbots, priors, earls, barons, justices, sheriffs, reeves, ministers, and all his bailiffs and faithful people, greeting. Know ye, that whereas we did lately, on the seventh day of May, in the sixteenth year of our reign, grant by our charter, for us and our heirs, to Henry then Earl of Lancaster, that he and his heirs of his body begotten, and all his men for ever, should be quit of paviage, passage, payage, lastage, stallage, tallage, carriage, pesage, picage, and groundage throughout all our realm and dominions; and that the same Earl and his heirs aforesaid for ever should have the return of all writs of us and our heirs, and summons of the exchequer of us and our heirs, and the attachment as well of pleas of the crown as of other pleas whatsoever in all their lands and fees; so that no sheriff or other bailiff or minister of us or our heirs should enter those lands or fees to execute the same writs and summons, or to make attachment of the pleas of the crown or other pleas aforesaid, or to do any other office there, unless in default of the same Earl and his heirs aforesaid, and their bailiffs and ministers in their lands and fees aforesaid. And that they should have the chattels of their men and tenants being felons and fugitives; so that if any one of their men or tenants ought to lose life or limb for his offence, or should flee and be unwilling to stand his trial, or commit any other offence for the which he ought to lose his chattels, wheresoever justice should be had of him, whether in the court of us or our heirs, or in any other court, such chattels should belong to the same Earl and his heirs aforesaid, and that it should be lawful for them or their ministers, without hinderance of us or our heirs, or of our sheriffs or [other] bailiffs or ministers whomsoever, to put themselves in seizin of the chattels aforesaid, and to retain them to the use of the same Earl and his heirs aforesaid. And also that they should have for ever all fines for trespasses and other offences whatsoever, and fines for licence to agree, and all amercements, ransoms, and forfeited issues and forfeitures, year, day, waste, and estrepement, and all things which could pertain to us and our heirs of the like year, day, and waste, and murders, in respect of all the men and tenants of their lands and fees whatsoever, in any soever of the courts of us and our heirs, where such men and tenants should happen to make fine, or be amerced or forfeit issues, or such year, day, and waste, or forfeitures and murders happen to be adjudged, as well before us and our heirs, and in the chancery of us and our heirs, and before the treasurer and barons of the exchequer of us and our heirs, and before the justices of the bench of us and our heirs, and before the steward and marshals or the clerk of the market of the household of us and our heirs, and in other the courts of us and our heirs, as before the justices in eyre, to hold common pleas and pleas of the forest, and before all other justices and ministers of us and our heirs whomsoever, as well in presence of us and our heirs as in absence of us and our heirs; which fines, amercements, ransoms, issues, year, day, waste, or estrepement, forfeitures, and murders, would have pertained to us or our heirs, if they had not been granted to the aforesaid Earl and his heirs aforesaid. So that the same Earl and his heirs aforesaid, by themselves or by their bailiffs and ministers, might levy, perceive, and have the fines, amercements, ransoms, issues, and forfeitures of such their men and tenants aforesaid, and all things which could pertain to us and our heirs of the year, day, and waste or estrepement, and murders aforesaid,—without let or hinderance of us or our heirs, or of our justices, escheators, sheriffs, coroners, or other our bailiffs or ministers whomsoever. Which said charter, after the death of the aforesaid Earl, Henry, son and heir of the same Earl (to whom all the lands and tenements which were of the same Earl did by [hereditary] right descend), for certain causes surrendered unto us to be cancelled, and therefore the charter is cancelled, as to us appears by inspection of the rolls of our chancery.

We, taking into consideration that those things which had been so granted by us in feetail to the aforesaid Earl and the heirs of his body begotten, and whereof the aforesaid Earl by virtue of our grant aforesaid was seised in his demesne as of fee on the day of bis death, could not by any surrender of the charter aforesaid to us so made by the aforesaid Henry the son of Henry, nor by any other act of the same Henry the son, in prejudice and disherison of his heirs of his body issuing, be annulled according to the law and custom of our realm, but ought to remain in their full force, and being willing, with that consideration, to shew especial favor to our most dear son John now Duke of Lancaster (who took to wife Blanche, daughter and heir of the aforesaid Henry son of Henry, afterwards Duke of Lancaster), and to the same Blanche, which same John and Blanche now hold by hereditary right, as in right of the aforesaid Blanche, begotten of the body of the aforesaid Henry son of Henry, all the lands and tenements which were as well of the aforesaid Henry the father, as of the aforesaid Henry the son, have thought fit to renew our said grant, made as is premised to the aforesaid Earl Henry, unto the aforesaid John now Duke of Lancaster and Blanche his wife; and we have granted, and by this our charter have confirmed, for us and our heirs, to the same Duke John and Blanche, that they and their heirs of the bodies of the same John and Blanche begotten, and all their men of the lands and fees which were of the aforesaid Henry the father on the said seventh day of May, may be for ever quit of paviage, passage, payage, lastage, stallage, tallage, carriage, pesage, picage, and groundage throughout all our realm and dominion ; and also that the same Duke and Blanche, and their heirs aforesaid for ever, may have the return of all writs of us and our heirs, and summons of the exchequer of us and our heirs, and the attachment as well of pleas of the crown as of other pleas whatsoever in all the lands and fees aforesaid; so that no sheriff, or other bailiff or minister of us or our. heirs, may enter those lands or fees, to execute the same writs and summons, or to make attachment of the pleas of the crown or other pleas aforesaid, or to do any other office there, unless in default of the same Duke and Blanche, and their heirs aforesaid, and their bailiffs and ministers in their lands and fees aforesaid. And also that they may have the chattels of their men and tenants being felons and fugitives; so that if any one of their men or tenants ought to lose life or limb for his offence, or should flee and be unwilling to stand his trial, or commit any other offence for the which he ought to lose his chattels, wheresoever justice should be had of him, whether in the court of us or our heirs, or in any other court, such chattels shall belong to the same Duke and Blanche, and their heirs aforesaid. And that it shall be lawful for them or their ministers, without hinderance of us or our heirs, or of our sheriffs, or other bailiffs or ministers whomsoever, to put themselves in seizin of the chattels aforesaid, and retain them to the use of the same Duke and Blanche, and their heirs aforesaid. And also that they may have for ever all fines for trespasses and other offences whatsoever, and also the fines for licence to agree, and all amercements, ransoms, and forfeited issues and forfeitures, year, day, and waste, and estrepement, and all things which can pertain to us and our heirs, of the like year, day, and waste, and murders, in respect of all the men and tenants of the said lands and fees, which were of the said Henry the father on the said seventh day of May, in any soever of the courts of us and our heirs, where such men and tenants shall happen to make fine, or be amerced, or forfeit issues, or such year, day, and waste, or forfeitures and murders, happen to be adjudged, as well before us and our heirs, and in the chancery of us and our heirs, and before the treasurer and barons of the exchequer of us and our heirs, and before the justices of the bench of us and our heirs, and before the steward and marshals, or the clerk of the market of the household of us and our heirs for the time being, and in other the courts of us and our heirs, as before the justices in eyre, to hold common pleas and pleas of the forest, and before all other justices and ministers of us and our heirs whomsoever, as well in presence of us and our heirs as in absence of us and our heirs; which fines, amercements, ransoms, issues, year, day, waste, or estrepement, forfeitures, and murders, would pertain to us or our heirs, if they had not been granted to the aforesaid Duke and Blanche, and their heirs aforesaid. So that the same Duke and Blanche, and their heirs aforesaid, by themselves or by their bailiffs and ministers, may levy, perceive, and have the fines, amercements, ransoms, issues, and forfeitures of such their men and tenants aforesaid, and all things which can pertain to us and our heirs of the year, day, and waste, or estrepement and murders aforesaid,—without let or hinderance of us or our heirs, or of our justices, escheators, sheriffs, coroners, or other our bailiffs or ministers whomsoever. Wherefore we will and strictly command for us and our heirs, that the aforesaid Duke and Blanche, and their heirs aforesaid, shall have all the liberties aforesaid for ever, as is aforesaid, and shall henceforth fully enjoy and use them and every of them, notwithstanding the surrender or cancelling of the charter aforesaid. So that if the aforesaid Duke and Blanche shall die without heir of their bodies issuing, then all and every the liberties aforesaid, after the death of the same Duke and Blanche, shall entirely revert to us and our heirs. These being witnesses, the venerable fathers, Simon Bishop of Ely, our Chancellor; John Bishop of Bath and Wells, our Treasurer; our most dear son Lionel Duke of Clarence; Humphrey de Bohun, Earl of Hereford; Richard Earl of Arundel; Edward le Despenser, Lord of Glamorgan and Morgannowe; Guy de Brian; John atte Lee, Steward of our household, and others. Given under our hand at Westminster, on the fourteenth day of July, in the thirtyeighth year of our reign. AND we the charter abovesaid, and all the donations, grants, and all other things therein contained, do for us and our heirs, by the tenor of these presents, ratify and confirm according to the tenor and effect of the charter abovesaid. In witness whereof we have caused these our letters to be made patent. Witness ourself at Westminster, on the 14th [? fifteenth] day of September, in the first year of our reign. WE have inspected, moreover, a certain other charter of ours made in these words: RICHARD, by the grace of God, King of England and France, and Lord of Ireland, to all to whom the present letters shall come, greeting. We have inspected a certain Charter indented, lately made between our most dear Lord and grandfather, Lord Edward late King of England, deceased, and his most dear son John King of Castille and Leon, Duke of Lancaster, our uncle, and sealed under the great seal of our aforesaid grandfather, in these words: This Charter indented, made between the high and mighty prince, Lord Edward King of England and France, and his most dear son John, the illustrious King of Castille and Leon and Duke of Lancaster, witnesseth, that, whereas the same Lord the King of England did advance the aforesaid John, now King of Castille, to be Earl of Richmond, and by his charter did give and grant unto the aforesaid John King of Castille, by the name of Earl of Richmond, the earldom of Richmond, and the honor, castles, manors, lands, tenements, and all other places to the said earldom pertaining, which John late Duke of Brittany and Earl of the aforesaid place had there, to have and hold to him and the heirs of his body issuing, as in the charter aforesaid plainly doth appear: And now the said John King of Castille, divers treaties hereupon being had with the prelates, peers, earls, grandees, nobles, and sages of the royal council, well weighing and considering, that, if the earldom, honor, castles, manors, lands, tenements, and places aforesaid were to be transferred to him and the royal throne, whence they had first issued, it would tend not less to the advantage of the said King of England, and the whole realm of England, than to the quiet and honor of the same. And besides the said John King of Castille, like a grateful son, preferring his father's pleasure, and the honor and convenience of the kingdom of England, to his own private advantage, of his own pure will and free accord, for the causes and reasons aforesaid, hath especially acquiesced and granted that the earldom, honor, castles, manors, lands, tenements, and places aforesaid, and also the knights' fees pertaining to the same earldom, honor, castles, manors, lands, tenements, and places aforesaid, and in like manner the advowsons belonging to the same, together with the members, hamlets, meadows, feedings. pastures, fisheries, moors, marshes, turbaries, chases, parks, woods, warrens, hundreds, wapentakes, fairs, markets, liberties, free customs, escheats, and all other things to the aforesaid earldom, honor, castles, manors, lands, tenements, and places aforesaid howsoever and wheresoever belonging or pertaining, shall be given up to his aforesaid father; whereupon the aforesaid Lord the King of England, extolling with many prais23 the gratitude aforesaid, and being willing therefore to make competent retribution to him the aforesaid John King of Castille, and for the better support of his station, hath given and granted for himself and his heirs unto the aforesaid John King of Castillo the castle, manor, and honor of Tickhill, the castle and manor of the High Peak, with the knights' fees to the same castles, manors, and honor pertaining or belonging, and all the fees which the said Lord the King of England had by the gift and grant of Sir Robert de Lisle, knight, (excepting only those fees which are extinct in the hands of the said Lord the King of England,) and also the advowsons of the churches of Staindrop and Brancepeth in the bishopric of Durham, and of the free chapels of Tickhill and High Peak, and of the church of Maresfield and free chapel there, of the free chapel within Pevensey castle, of the priory of Wilmingdon, which is a cell of the abbey of St. Mary de Greston in Normandy, and of the priory of Withiham, which is a cell of the abbey of St. Martin de Merernest in Tourain, and of the house of St Robert of Knaresboro';—the castle, manor, and honor of Knaresboro', with appurtenances; and the hundred or wapentake of Staincliff, with appurtenances, in the county of York; — the manors of Gringley and Wheatley, with appurtenances, in the county of Nottingham;—the manors of Wighton, Aylsham, Fakenham, and Snettisham, and also the hundreds of North Greenhoe, North Erpingham, South Erpingham, and Smithdon, with appurtenances, in the counties of Norfolk and Suffolk;—the manors of Glatton and Holm, with appurtenances, in the county of Huntingdon; — the manor of Soham, with appurtenances, in the county of Cambridge; —the castle and Ieucata of Pevensey, and the manors of Willingdon and Maresfield, and also the bailiwick of Endelenewick, with appurtenances, in the county of Sussex; —and the free chase of the High Peak, which the said Lord the King of England held in his hands as a forest, to hold as a free chase;—and the free chase of Ashdown, with the rights and liberties to free chases pertaining;— and the yearly farm of 200 marks which the abbot and convent of St. Mary's at York are held to pay to the same Lord the King of England and his heirs for the manor of Whitegift, to be perceived by the hands of the said abbot and convent, and their successors:—To have to him and the heirs of his body issuing, together with the members, hamlets, meadows, feedings, pastures, fisheries, moors, marshes, turbaries, chases, parks, woods, warrens, hundreds, wapentakes, fairs, markets, liberties, free customs, escheats, and all other things to the aforesaid castles, manors, honors, hundreds, leucata, bailiwick, and chases howsoever and wheresoever belonging or pertaining, of the aforesaid Lord the King of England and his heirs, by the services therefore due and accustomed for ever, in exchange for the said earldom of Richmond, and the honor, castles, manors, lands, tenements, places, fees and advowsons aforesaid, which the same John King of Castillo by this charter indented hath given, granted, and surrendered to the same Lord the King of England and his heirs for ever in exchange for the castles, manors, honors, hundreds, leucata, bailiwick, chases, farm, fees, and advowsons aforesaid, given and granted to him by the same Lord the King of England as is aforesaid,—under the condition hereafter following,—that if the heirs of the said John King of Castillo shall recover by judgment thereupon rightfully given the earldom of Richmond, honor, castles, manors, lands, tenements, places, fees, and advowsons aforesaid, or any parcel thereof, by virtue of the aforesaid gift in tail, and thereof have possession, affirming that recovery, it may be lawful for the same Lord the King [of England] and his heirs to reenter and hold for ever the castles, manors, honors, hundreds, lencata, bailiwick, chases, farm, fees, and advowsons aforesaid so given and granted to the aforesaid John King of Castille in exchange as aforesaid. And if it happen that the aforesaid castles, manors, honors, hundreds, leucata, bailiwick, chases, farm, fees and advowsons, or any parcel thereof, so given and granted to the aforesaid John King of Castille in exchange as aforesaid, be recovered from the same John King [of Castille] or his heirs aforesaid, the said Lord the King of England and his heirs shall be held to make due compensation of the value to the aforesaid John King of Castille and his heirs aforesaid without any difficulty. So however, that the same John King of Castille and his heirs aforesaid pray aid of the said Lord the King of England or his heirs, and apply due diligence about the salvation of that which may happen to be sued against them. And also if it happen that the earldom of Richmond, honor, castles, manors, lands, tenements, places, fees, and advowsons aforesaid, or any parcel thereof, be put out of the hands of the said Lord the King of England or his heirs in fee simple or tail, and thereafter shall come by just cause into the hands of the same Lord the King of England or his heirs in fee, as well the same Lord the King of England and his heirs, the castles, manors, honors, hundreds, leucata, bailiwick, chases, farm, fees, and advowsons aforesaid so given and granted to the aforesaid John King of Castillo and the heirs of his body issuing, as the aforesaid John King of Castille and his heirs aforesaid, the said earldom of Richmond, and the honor, castles, manors, lands, tenements, places, fees, and advowsons aforesaid given and granted to the said Lord the King of England and his heirs in exchange aforesaid, as is premised, may have back on either side entirely or proportionately, and restitution thereupon be made, to hold as before. And the same Lord the King of England and his heirs, the castles, manors, honors, hundreds, leucata, bailiwick, chases, farm, fees and advowsons aforesaid given and granted by the same Lord the King of England to the aforesaid John King of Castille and the heirs of his body issuing, will warrant and for ever defend to the aforesaid John King of Castille and his heirs aforesaid, according to the force and effect of the exchange and conditions aforesaid. And in like manner the same John King [of Castille] and his heirs, the aforesaid earldom of Richmond, together with the honor, castles, manors, lands, tenements, places, fees, and advowsons aforesaid, against all men will warrant and for ever defend to the aforesaid Lord the King of England and his heirs, according to the force and effect of the exchange and conditions aforesaid. In witness whereof, as well the seal of the said Lord the King of England, as the seal of the said John King of Castille, alternately are set to the aforesaid charter indented. These being witnesses, the venerable fathers, William Archbishop of Canterbury, Primate of all England; Simon Bishop of London, and William Bishop of Winchester; Edmund Earl of Cambridge, the most dear son of the said King of England; Richard Earl of Arundel; Humphrey de Bohun, Earl of Hereford, and William de Montacute, Earl of Salisbury; Henry de Percy; Robert de Thorp, Chancellor; Richard de Scroope, Treasurer; William Latymer, Chamberlain; John de Neville, Steward of the household of the aforesaid Lord the King of England; John Knyvet, William de Fynchedene, John Moubray, Thomas de Ingelby, William de Wychyngham, Roger de Meres, and John do Cavendissh, Justices of the same Lord the King of England, and others. Given at Westminster on the twentyfifth day of June, in the fortysixth year of the reign of the said Lord the King of England, and the thirtythird of his reign of France. WE have inspected also a certain other Charter of our aforesaid grandfather lately made to our aforesaid uncle, in these words: Edward, by the grace of God, King of England and France, and Lord of Ireland, to his archbishops, bishops, abbots, priors, dukes, earls, barons, knights, justices, sherifts, reeves, bailiffs, ministers, and other his faithful people, greeting. Know ye, that whereas we did lately by our charter indented give and grant for us and our heirs, as far as did in us lie, to our most dear son John King of Castille and Leon and Duke of Lancaster the castle manor and honor of Tickhill and other lands and tenements in our said charter specified, with appurtenances, to have to him and the heirs of his body issuing, in exchange for the earldom of Richmond and the honor castles manors lands tenements and all other places to the said earldom pertaining, given granted and surrendered to us and our heirs by our aforesaid son, as in our charter aforesaid more fully is contained; and now our aforesaid son hath besought us, that, whereas the town of Grinstead, which as parcel of the manor of Maresfield, the town of Seaford, which as parcel of the castle and leucata of Pevensey, and the town of LaughtoninleMorthen, which as parcel of the castle and honor of Tickhill, were delivered to him at a certain valuation in the exchange aforesaid, (no special mention being made of those towns in our said charter,) be three towns in gross severally of themselves, and be not nor were at any time pertaining to the aforesaid manor of Maresfield, castle and leucata of Pevensey, and castle and honor of Tickhill, as now he is given to understand, lest he or his heirs aforesaid should in future be impeached in the occupation of the said towns of Grinstead, Seaford, and Laughton for the want of special naming of the same in our grant aforesaid, we would be pleased to grant the said towns of Grinstead, Seaford, and Laughton to him by name, to have and to hold together with the said castle manor and honor of Tickhill and the other lands and tenements given to him in the said exchange, and also with the liberties acquittances and immunities which Philippa, late Queen of England, then our consort, (who held the said castle, manor, and honor of Tickhill, and the other lands and tenements so given by us to our same son,) in her lifetime had in the same by our grant, in compensation for the liberties acquittances and immunities which our same son had in the said earldom of Richmond, and in the honor castles manors lands tenements and other places to the said earldom pertaining, whilst he held them before the exchange above said. We, to observe the said exchange in every part thereof, and to look as well to the quiet of our said son and his heirs aforesaid in this behalf, as that the said tenements given and granted to our same son as is premised, and the said towns of Grinstead, Seaford, and Laughton, which by virtue of our said grant he so holds, be adorned and armed with the liberties acquittances and immunities had in the same by our aforesaid consort as is premised, in compensation for the liberties acquittances and immunities lately had by our aforesaid eon in the said earldom of Richmond and its appurtenances aforesaid, and chiefly on account of the special affection which we have and bear for the person of our same son, his high merits full worthily requiring it, have granted to our same son, for us and our heirs, that he the said towns of Grinstead, Seaford, and Laughton, with all their appurtenances, albeit even they be towns in gross of themselves, or whether as aforesaid they bo pertaining to the said manor of Maresfield, castle and leucata of Pevensey, and castle and honor of Tickhill, may have and retain together with the said castle manor and honor of Tickhill and the other lands and tenements aforesaid by us given to him as is premised, and with the liberties acquittances and immunities underwritten, (which we granted to the aforesaid Queen to have in the said lands and tenements by her so held for her life, as is evident to us by the inspection of the rolls of our chancery,) to have, use, and enjoy in the said castle manor and honor of Tickhill, and the other castles manors honors hundreds, and the towns of Grinstead, Seaford, and Laughton, and the other lands tenements and places whatsoever, given by us as has been said to our said son, and in our said charter more fully specified, and in every part thereof,—to our same son and the said heirs of his body begotten as is aforesaid, in exchange as abovesaid under the manner and form contained in our same charter for ever, that is to say, with knights' fees, advowsons of religious houses, hospitals, churches and chapels, wardships, marriages, and escheats of all the tenants of the honors, manors, lands, tenements and other places aforesaid by us so given to our aforesaid son, together with chases, parks, woods, warrens, fairs, markets, waters, ways, fisheries, commons, assarts, wastes, and purprestures, and also with the arrentations and rents of all manner of assarts, wastes, and purprestures arrcnted in the chases and other places aforesaid, as well in our time as in the times of our progenitors formerly Kings of England, and hereafter to be arrented, together with the fines for ingress of the like assarts, wastes, and purprestures so to be arrented, and with courts, views of frankpledge, hundreds, wapentakes, wreck, waif and stray, royal liberties and free customs, and all other things to the same castles, honors, manors, hundreds, and other lands, tenements, and places howsoever and wheresoever belonging. We have also granted for us and our heirs to our same son, that he and his said heirs may have all fines, ransoms, and amercements of all their men and tenants of and in the castles, honors, manors, hundreds, towns, lands, tenements, and other places aforesaid so given to him by us, and in their fees, and also in all the towns, hundreds, and other places whence the annual farms and rents by us granted to him among the other lands and tenements aforesaid do proceed; and also forfeited issues, and all things which can pertain to us and our heirs of year, day, and waste, forfeitures and murders, in any soever of the courts of us and our heirs, where such men and tenants shall happen to make fine or ransom or be amerced, or such issues, murders, forfeitures, year, day, and waste happen to be adjudged, as well before us and our heirs, and in the chancery of us and our heirs, and before the treasurer and barons of the exchequer of us and our heirs, as before the justices of us and our heirs in eyre to hold common pleas and pleas of the forest, and also before the justices of the bench of us and our heirs, and before the steward and marshal and coroner of the household of us and our heirs, and the clerk of the market, and before all other justices and ministers of us and our heirs whomsoever, as fully and entirely as we should have them if we had retained in our hand the aforesaid castles, honors, manors, hundreds, towns, lands, tenements, and other places aforesaid so given to our same son. So that he and his said heirs by the hands of his bailiffs and ministers may be able to levy, perceive, and have the fines, ransoms, and amercements of the men and tenants aforesaid, forfeited issues, and all things which to us and our heirs can pertain of year, day, and waste, forfeitures and murders, of and in the castles, honors, manors, hundreds, towns, lands, tenements, and other places aforesaid by us so given, and in their fees,—such as shall happen to be made and adjudged before the aforesaid justices in eyre to hold common pleas and pleas of the forest, and before the said steward and marshal, coroner or clerk, by estreats of the same justices in eyre in their circuits, and of steward and marshal and coroner and clerk in their sessions, to be delivered thereof to the same bailiffs and ministers,—and also such the fines, ransoms, and amercements of the aforesaid men and tenants, and forfeited issues, and all things which to us and our heirs can pertain of year, day, waste, forfeitures and murders, of and in the castles, honors, manors, hundreds, towns, lands, tenements, and other places aforesaid by us so given, and in their fees, as shall happen to be made and adjudged before us and our heirs, or in the chancery of us and our heirs, or before the treasurer and barons of the exchequer of us and our heirs, or before the justices of us and our heirs of the common bench, or our justices assigned to take the assizes and to deliver our gaols, or the justices assigned to hear and determine felonies and trespasses, or before other the justices or ministers of us and our heirs whomsoever, by estreats of the exchequer of us and our heirs, to be delivered thereof to the bailiffs and ministers of our said son and his said heirs by the hands of the sheriffs in whose bailiwicks the castles, honors, manors, hundreds, towns, lands, tenements, and other places aforesaid given by us as aforesaid, and their fees, do lie; without let or hinderance of us or our heirs, or of our bailiffs or ministers whomsoever. And that our same eon and his said heirs may have in the castles, honors, manors, hundreds, towns, lands, tenements, and other places aforesaid by us so given, and in their fees, the chattels of felons and fugitives, so that if any of their men or tenants or others in the places aforesaid, or in their fees, for their delinquency ought to lose life or limb, or shall flee and not be willing to stand their trial, or shall commit any offence for the which they ought to lose their chattels, (wheresoever justice shall be had of them, whether in the court of us or our heirs, or whether in other courts,) such chattels shall belong to our aforesaid son and his said heirs, and that it shall be lawful for them or their ministers to put themselves in seizin of the chattels aforesaid, and retain them to the behoof of our said son and his heirs, without let or hinderance of us or our heirs, our sheriffs and other bailiffs or ministers of us or our heirs whomsoever. We have also granted to our aforesaid son, for us and our heirs, that he and his said heirs may have in the castles, honors, manors, hundreds, towns, lands, tenements, and other places aforesaid so given to our said son, and in their fees, the return of all writs of us and our heirs, and of summons, estreats, and precepts of the exchequer aforesaid, and also of the precepts and estreats of the justices of us and our heirs in eyre to hold as well pleas of the forest as common pleas, and of other justices whomsoever, and the execution of the same writs, summons, estreats, and precepts, to be made by their bailiffs and ministers, So that no sheriff, bailiff, or other minister of us or our heirs shall enter the castles, honors, manors, towns, lands, tenements, and other places aforesaid by us given as is premised, or their fees, to perform any offices, or other things touching their offices, unless in default of our same son or his said heirs, or of their bailiffs or ministers. And furthermore we will and grant, for us and our said heirs, that if the sheriffs or bailiffs of liberties, hundreds, or wapentakes be negligent or remiss in making any executions for our same son or his said heirs, by writs or man* dates of us or our heirs, or in any other wise, whereby it shall happen that they be amerced or make fines in our exchequer or in other our courts, such fines and amercements shall belong to our said son and his said heirs, and may be levied to their behoof. These being witnesses, the venerable fathers, Simon Archbishop of Canterbury, Primate of all England; Adam Bishop of St. David's, our Chancellor; Henry Bishop of Worcester, our Treasurer; Edmund Earl of Cambridge, and Thomas of Woodstock, Constable of England, our most dear sons, Henry de Percy, Marshal of England; John de Ipre, Steward of our household; Nicholas Carreu, Keeper of our privy seal, and others. Given under our hand at Sheen, on the fourth day of June, in the fiftyfirst year of our reign of England, and the thirtyeighth of our reign of France. AND we, as well the said charter indented as the said other charter, and all the donations, grants, and all other things in the same charters contained, for us and our heirs by the tenor of these presents do ratify and confirm according to the tenor and effect of the charters abovesaid. In witness whereof we have caused these our letters to bo made patent. Witness ourself at Westminster, on the fifteenth day of September, in the first year of our reign. AND we, ratifying and approving the donations, grants, confirmations, liberties, franchises, and acquittances aforesaid, and all and singular other the things in the said charters and letters contained, do, for us and our heirs, as far as in us lies, of our especial grace accept and approve the same, and do grant and confirm them by the tenor of these presents to the aforesaid Duke and his heirs aforesaid for ever, as the charters and letters abovesaid reasonably do witness. Willing, moreover, to shew the same Duke more ample favor in this behalf, we have granted of our especial grace for us and our heirs, and by this our charter have confirmed, that albeit, any case arising, he have not hitherto fully used any one or more of the donations, grants, confirmations, liberties, franchises and acquittances, or other things in the said charters and letters contained, nevertheless the same Duke and his heirs aforesaid may henceforth fully enjoy and use for ever the donations, grants, confirmations, liberties, franchises, and acquittances, and all and singular other the things contained in the charters and letters aforesaid, as is premised, and every of them, without let or hinderance of us or our heirs, the justices, escheators, sheriffs, or other bailiffs or ministers of us or our heirs whomsoever. And furthermore, having condign consideration of the strenuous goodness and most excellent wisdom, and other manifold merits and good demeanour of our aforesaid uncle, who yielding to no labors or expenses hath ever in times past proved himself, and yet unweariedly proves himself, equally ready and compliant in giving his counsel, and in the performance of other duties profitable and honorable to us and our whole realm, and being desirous in regard of the premises to endow with ampler favors and grace our aforesaid uncle, who, far beyond 'others in wisdom, prowess, and honor, is able to avail and stand us and our realm aforesaid in better stead, do, of our more abundant grace, for the greater security of the same Duke our uncle, declare, grant, and confirm for us and our heirs to the aforesaid Duke, that he for the whole of his life may have all fines for trespass and other misdeeds whatsoever, and also fines for licence to agree, and all manner of other fines, ransoms, and amercements, from whatever cause and through whatever cause proceeding, and also forfeited issues in respect of all the men and tenants of and in the lands and fees of the aforesaid Duke, and in respect of all resiants within the same lands and fees, albeit the same men, tenants, or resiants be ministers of us or our heirs. And that the same Duke, for the whole of his life, may have all manner of forfeitures, year, day, waste, and estrepement, and whatever to us or our heirs can pertain of year, day, waste, and estrepement, forfeitures and murders, within the lands and fees aforesaid, in what courts soever, of us and our heirs, or in whatever court of any other it may happen that the aforesaid men, tenants, or resiants shall make fines or be amerced or forfeit issues, or that the aforesaid year, day, waste, and estrepement, forfeiture or murder, be adjudged —as well in presence of us and our heirs as in absence of us and our heirs, and as well before us and our heirs, and in the chancery of us and our heirs, and before the treasurer and barons of the exchequer of us and our heirs, and before the justices of the common bench of us and our heirs, and also before the steward and marshals, or before the coroner of the household, of us and our heirs, or the clerk of the market for the time being, and in other the courts of us and our heirs, as before our justices in eyre to hold common pleas and pleas of the forest, our justices assigned to take the assizes and to deliver our gaols, and before all other justices and ministers of us and our heirs whomsoever, as well in presence of us and our heirs as in absence of us and our heirs,—as fully and entirely as we or our heirs would have them if we had not granted them to the aforesaid Duke. So that the aforesaid Duke by the hands of his bailiffs and other ministers may be able to levy, perceive, and have the fines, ransoms, and amercements of the same men, tenants, and resiants of and in the lands and fees aforesaid, forfeited issues, and whatever to us or our heirs can pertain of year, day, and waste, estrepement, forfeitures, and murders, of and in the lands and fees aforesaid, which shall happen to be made or adjudged before the said justices in eyre to hold common pleas and pleas of the forest, and before the aforesaid steward and marshals, coroner, or clerk of the market, by estreats of the same justices in eyre in their circuits, and of the aforesaid steward, marshals, coroner, and clerk, in their sessions, to be delivered thereof to the bailiffs and ministers of the aforesaid Duke; and also the fines, ransoms, and amercements of the aforesaid men, tenants, and resiants, and forfeited issues, and all things which to us or our heirs m pertain of year, day, waste, estrepement, forfeitures, and murders, of and in the lands and fees aforesaid, which shall happen to be made or adjudged before us or our heirs, or in the chancery of us and our heirs, or before the treasurer and barons of the exchequer of us and our heirs, or before the justices of us and our heirs of the common bench, or before our justices assigned to take the assizes and to deliver our gaols, or the justices assigned to hear and determine trespasses and felonies, or before other the justices or ministers of us and our heirs whomsoever, by estreats of the exchequer of us and our heirs, to be delivered thereof to the bailiffs and ministers of the aforesaid Duke by the hands of the sheriffs in whose bailiwicks the said lands and fees do lie;—without let or hinderance of us or our heirs, or of our justices, sheriffs, escheators, or other ministers of us and our heirs whomsoever. And that the aforesaid Duke, for the whole of his life, by himself and his ministers, in all the lands and fees aforesaid, as well in presence of us and our heirs as in absence of us and our heirs, may make and have the assay and assize of bread, wine, and ale, and of all manner of other victuals whatsoever, and of other things pertaining to the office of the clerk of the market of us and our heirs, together with the punishment thereof whenever and so often as it shall be necessary and expedient; and also that he may have and perceive the fines, amercements, and ransoms, and all manner of profits thence proceeding, so that the clerk of the market of us and our heirs shall not enter the said lands or fees to do or exercise any matters pertaining to his office. And that the aforesaid Duke, for the whole of his life, may have the chattels of fugitives and felons as well felons of themselves as of others whomsoever, and of outlaws for any cause soever, of all the men and tenants of and in the lands and fees aforesaid, and also of all resiants within the same lands and fees, albeit the same men, tenants or resiants be ministers of us or our heirs, so that if any of the men and tenants of and in the lands and fees aforesaid, or any of the resiants in the said lands and fees, or any other person in the same lands and fees, for any misdeed whatsoever, ought to lose life or limb, or shall flee and not be willing to stand their trial, or shall commit any other trespass for the which they ought to lose their chattels (in whatsoever place justice shall he had of them, whether in the court of us and our heirs or in other courts), such chattels shall belong to the aforesaid Duke: And that it shall be lawful for him or his ministers to put themselves in seizin of the said chattels, and the same chattels to retain to the behoof of the aforesaid Duke;—without let or hinderance of us or our heirs, or of our sheriffs, escheators, or other bailiffs or ministers of us and our heirs whomsoever. And that the aforesaid Duke, for the whole of his life, may have the return of all writs of us and our heirs, and also of summons, estreats, and precepts, of our exchequer and of the exchequer of our heirs, and of the estreats and precepts of the justices of us and our heirs in eyre to hold as well pleas of the forest as common pleas, and of other justices whomsoever, and also the attachment as well of pleas of the crown as of others in all the lands and fees aforesaid. And that the aforesaid Duke, for the whole of his life, by himself and by his bailiffs and ministers may have in the same lands and fees the execution of the same writs, summons, estreats, and precepts, so that no sheriff, bailiff, or other minister of us or our heirs shall enter the aforesaid lands and fees to perform any office, or anything touching his office, unless in default of the same Duke or his ministers. And furtherm ore we do grant, and by this our charter have confirmed, for us and our said heirs, that if the sheriffs or bailiffs of liberties, hundreds, or wapentakes be negligent or remiss in making any executions for the aforesaid Duke by writs or mandates of us or our heirs, or in any other wise whereby it shall happen that they be amerced or make fines in the exchequer or in other the courts of us and our heirs, such fines and amercements shall belong to the aforesaid Duke, and that they may be levied to the behoof of the same Duke by his ministers abovesaid during his life. And that the aforesaid Duke, for the whole of his life, may have within all the aforesaid lands and fees all manner of chattels called wayf and stray, deodands, treasure trove, and other things"or chattels found; and that he by himself and his ministers may be able to seize and take at their pleasure, to the behoof of the aforesaid Duke, the wayfs and strays, deodands, treasure trove, and other things found as abovesaid. And that the aforesaid Duke, for the whole of his life, may have all manner of goods and chattels called Mainour, taken or to be taken upon any person soever within the lands and fees aforesaid, and by the same person disclaimed before any judge soever; saving always and reserved to the aforesaid Duke and his heirs aforesaid all manner of other privileges, immunities, and acquittances, given, granted, or confirmed to them by us or by our said grandfather. These being witnesses, the venerable fathers, William Archbishop of Canterbury, Primate of all England; Thomas Archbishop of York, Primate of England, our Chancellor; Robert Bishop of London; Robert Bishop of Chichester; Tideman Bishop of Worcester; Edmund Duke of York, and Thomas Duke of Gloucester, our most dear uncles; Edward Earl of Rutland; Richard Earl of Arundel; Thomas Earl Marshal and of Nottingham; Henry Earl of Northumberland; Roger Walden, our Treasurer; Thomas de Percy, Steward of our household; Guy Mone, Keeper of our privy seal; and others. Given under our hand at Westminster, on the twentyninth day of June, in the twentieth year of our reign, WE,—not willing that our said heritage, or the liberties thereof, be in aught changed, transferred, lessened, or derogated from, on account of our present assumption of the royal estate and dignity, but that our same heritage, with its rights and liberties aforesaid, in the same manner, state, form, and condition, in which it descended and came to us, and also with all and singular such liberties and franchises, and other privileges, advantages, and profits whatsoever, with which our aforesaid lord and father, whilst he lived, had and held the same, for the term of his life, by grant from the aforesaid late King Richard, shall be to us and our said heirs in the said charter specified, fully and entirely kept, continued, and had;—will, and by the tenor of these presents, of our certain knowledge, and with the assent of our present parliament, do grant, declare, decree, and ordain, for us and our heirs, that as well our duchy of Lancaster, as all and singular the other counties, honors, castles, manors, fees, advowsons, possessions, annuities, and lordships whatever, to us howsoever and wheresoever descended before our adoption of the royal dignity, by hereditary right, in demesne, in service, or in reversion, or otherwise howsoever, shall for ever remain to us and our said heirs in the charters aforesaid specified in form aforesaid; and that they so and in such wise, and by such officers and ministers, in all things be managed, governed, and treated, as they would have remained, been managed, governed, and treated, if we had never assumed the ensign of royal dignity. And, moreover, that such and the like liberties, jura regalia, customs, and franchises, in the said duchy, counties, honors, castles, manors, fees, and other possessions and lordships aforesaid, in all, and throughout all, be had, exercised, continued, done, and used for ever, and they by such officers and ministers be governed and executed, as and which were wont to be had and used in the same duchy, counties, honors, castles, manors, fees, and other possessions and lordships, and by whom they were wont to be ruled and governed, us well in the time of our said lord and father, as in the times of other our progenitors and ancestors, by virtue of the charters aforesaid: Willing, furthermore, and granting, and for us and our heirs aforesaid, of our certain knowledge and with the assent aforesaid, fully declaring, that all and singular our tenants of the duchy, counties, honors, manors, fees, and other possessions and lordships aforesaid, and their heirs, may be as free, and in all respects of such and of as unimpaired and free condition, as well in their entries upon their inheritances after the death of their ancestors as in their tenures, and otherwise howsoever, as they could and ought to be by custom or of right if our said royal dignity had never fallen to us, our said assumption of the royal dignity notwithstanding, or notwithstanding that the duchy, counties, honors, castles, manors, fees, advowsons, possessions, lordships, and liberties aforesaid are now in our hands, or any interruption, cessation, or discontinuance of the liberties aforesaid, or any other lets, causes, colors, or impediments whatsoever (which we will not to have any force or effect to the contrary of this our present will, grant, and declaration,) in anywise notwithstanding. Provided always, that our tenants within our county palatine of Lancaster may sue their inheritances (to be taken and seized into the hands of us and our said heirs in the said charters specified after the death of their ancestors or in other manner) out of the same hands of us and our said heirs in the aforesaid charters specified, by livery to be had in the chancery of the regality there, as is the custom, and would have been done by reason of the abovesaid regality; and that our prerogative in respect of seizing and having the marriages and the profits of the marriages of the heirs of other our tenants out of the said county palatine have effect and vigor. We will moreover and grant, for us and our heirs. of our certain knowledge and with the assent aforesaid, that all and singular ecclesiastical benefices belonging to our heritage aforesaid shall in time to come be conferred uninterruptedly by us and our said heirs in the said charters specified: so that in future the chancellor or treasurer of England for the time being, or any other royal officer, do in nowise intermeddle in the collation or presentation, or even in the visitation, of the like benefices by reason of their offices. We will also and grant, for us and our heirs, of' our certain knowledge and with the assent aforesaid, that all and singular receivers, feodaries, farmers, bailiffs, reeves, officers, and other the servants and ministers whosoever of us and our said heirs in the said charters specified of the aforesaid duchy, counties, honors, castles, manors, fees, possessions, lordships, and liberties, for all and singular sums of money, farms, rents, issues, revenues, and profits whatever in any manner proceeding from the same duchy, counties, honors, castles, manors, fees, possessions, lordships, and liberties, shall without interruption account and answer in future before certain special auditors, officers, and ministers from time to time to bo hereunto limited and assigned only by us and our said heirs in the charters aforesaid specified, and not before the treasurer and barons of the royal exchequer. So that the treasurer and barons of the exchequer aforesaid shall not in any wise intermeddle in future in any the like monies, farms, rents, issues, revenues, or profits, or in the auditing, having, rendering, or determining any the accounts or reckonings thereof. In witness whereof we have caused these our letters to be made patent. Witness ourself at, Westminster, on the fourteenth day of October, in the first year of our reign. WE—for as much as by and with the advice and asssent of the Lords Spiritual and Temporal, and of the Commons of our realm of England in our present parliament assembled, and by the authority of the same, it is ordained and established that Henry, late called King Henry the Sixth, should forfeit to us and our Crown of England all the castles, manors, lordships, towns, townships, honors, lands, tenements, rents, services, feefarms, knights1 fees, advowsons, hereditaments, and possessions with their appurtenances, which he or any other to his use had on the third day of March last past, being of the duchy of Lancaster, or which were any parcel or member of the same duchy, or thereunto united or annexed in the first year of the reign of Henry, late called King Henry the Fifth, or at any time since,—have, by and with the same advice, assent, and authority ordained and established that the same manors, castles, lordships, honors, towns, townships, lands, tenements, rents, services, feefarms, knights' fees, advowsons, hereditaments, and possessions, with their appurtenances, in England, Wales, and Calais, and the marches thereof, shall make, and from the fourth day of March last past be the said Duchy of Lancaster corporate, and shall be called the Duchy of Lancaster ; and that from the said fourth day of March we do seize, have, perceive, hold, and inherit all the same manors, castles, and other the premises, with their appurtenances, by the same name of the Duchy, and the same enjoy for ever to us and our heirs Kings of England, separate from all our other hereditaments. And that the county of Lancaster shall be a County Palatine; and that we and our heirs shall have, as parcel of the said Duchy, the same county of Lancaster as a county palatine, and a Seal, Chancellor, Justices, and Officers there for the same, and all manner of liberties, customs, jura regalia, and franchises justly and lawfully used in the same county palatine; and furthermore another seal called the Seal of the Duchy of Lancaster, and a Chancellor for the keeping thereof, and Officers and Councillors for the rule and governance of the same duchy, and of the particular officers, ministers, tenants, and inhabitants thereof, in as great, ample, and large a form as Henry, calling himself Henry the Fifth, at any time lawfully had, exercised, and enjoyed in the same; and that by the same authority the said officers and ministers, and also the tenants and inhabitants of and in the same Duchy shall have and exercise all such and the like liberties, franchises, privileges, and customs, and the same enjoy and use, as and which the officers, ministers, tenants, and inhabitants of the same duchy lawfully had, exercised, used, or enjoyed in the time of Henry calling himself King Henry the Fifth; and also that in the same duchy all such liberties, franchises, customs, privileges, and jurisdictions be exercised, had, and occupied, as before the said fourth day of March were lawfully used in the same; and that the officers, ministers, tenants, and inhabitants of or in the same duchy shall be treated and managed according to the same liberties, franchises, customs, privileges, and jurisdictions, and not be distressed, straitened, or compelled to the contrary thereof in anywise. In witness whereof we have caused these our letters to be made patent. Witness ourself at Westminster on the fourth day of November, in the first year of our reign.




Somerville: History of the Duchy of Lancaster (excerpt)

Source: Sir Robert Somerville:  History of the Duchy of Lancaster.   London: Chancellor and Council of the Duchy of Lancaster. 1953. pp. 142-150.

The difficulties we have mentioned are not inherent in the charter, but certain words in the Lancaster charter have quite needlessly received a wrong interpretation. With too easy confidence Duffus Hardy asserted that by this charter the jura regalia enjoyed by the dukes of Lancaster in the county palatine were extended to all the Duchy possessions, which thus became, to use his words, "quasi Palatinate". 1 Perhaps it was the marginal headings in his brother's edition of the Duchy charters that caught his eye and led him to this notion.2 The preamble certainly refers to "the duchy of Lancaster and many other counties, honors, castles, manors, fees, possessions and lordships within our kingdom of England and Wales and elsewhere" which descended to Henry IV by hereditary right—ducatus Lancastrie ac quamplura alia comitatus, honores, castra, maneria, etc. But a centuries-old use of the . phrase Duchy of Lancaster to connote the whole complex of the Lancastrian and associated estates has confused many writers who have not realized that before 1399 the duchy of Lancaster meant only the county palatine. Ducatus Lancastrie in its context in the charter clearly means the county palatine. The important words are: talia et hujusmodi libertates, jura regalia, consuetudines et franchesie, in ducatu, comitatibus, honoribus, castris, maneriis, feodis et ceteris possessionibus et dominiis pre-dictis, in omnibus et per omnia, imperpetuum habeantur, exerceantur, con-tinuentur, fiant et utantur. William Hardy translated in omnibus et per omnia "in all, and throughout all", as an adjectival phrase going with the preceding in ducatu, comitatibus, honoribus, etc., and separated them by a comma from the imperpetuum immediately following. He clearly took the meaning to be that the liberties and franchises referred to (including the palatinate rights in Lancashire) were to extend to the whole Lancastrian heritage, the new "Duchy". He treated this phrase in the same way when it occurs in the parliamentary charter of 1414 annexing the earldom of Hereford to the Duchy of Lancaster, although in that context the nouns supposed to be qualified by the adjectival phrase are wanting.3 The true construction of the passage makes the

1   Dtp. Keeper' Rept., xxxv. p. viii. This was not the only rash statement he made about the Duchy, although his brother had been clerk of the Duchy records for upwards of thirty years and was even then in the Public Record Office. Unfortunately many have derived their knowledge of the Duchy solely from his reports as Deputy Keeper and his errors have had a wide currency. For earlier corrections of the confusion see Tait in V.C.H. Lancs., ii. 211 and J. F. Baldwin, Bulletin Inst. Hist. Research, iv. 139.

2  "The King held the Duchy of Lancaster and other estates in various counties by inheritance . . .". Hardy, Charters, p. 102. "The same liberties and jura regalia to be exercised as well in the said duchy as other the said estates, throughout", ibid., p. 138.

3 Op. cit., p. 162. They do, however, occur earlier (p. 154) along with in omnibus et per omnia. Here, no doubt by accident. Hardy omits the comma separating the phrase from imperpetuum, although he gives the same translation as before. There is no comma in the quotation of the passage in Plowden, Commentaries (ed. 1812), p. 215.


phrase not adjectival but adverbial, to be taken like imperpetuum with the verbs habeantur, exerceantur, continuentur, etc. The comma is therefore unnecessary, misleading, in short wrong, and the phrase means no more and no less than "in all points and in all respects".1 A comma and a mistranslation have before now carried enormous responsibility; and in our example it makes a great difference whether or not the palatine rights extended to all the Duchy possessions. This necessarily detailed examination shows that the charter did not intend that they should.

That this is so appears also from the specific reference to livery in Lancashire. Had the charter extended the palatinate rights and liberties to the whole of the possessions there would have been no need for this qualification. Nor was there any attempt to introduce into the rest of the Duchy the higher jurisdiction already exercised in the county palatine; and justices, for example, were never appointed by the Duchy outside Lancashire. If further proof were required it could be found in Henry V's incorporation of the Hereford inheritance in the Duchy of Lancaster. The charter, confirmed by parliament, expressly states that the jura regalia of the Duchy which shall apply to the Hereford estates are those exercised in the Duchy outside the county palatine.2

But if the Duchy as a whole thus did not enjoy the special palatine privileges of Lancashire, this is not to say that the Duchy was unprotected by the royal prerogative. A new factor was the royal dignity of its possessor, and the lawyers of the fifteenth and sixteenth centuries, and also to a decreasing extent those of the seventeenth century, were exercised by this aspect of the case. Since the end of the seventeenth century, however, the application of the royal prerogative to the Duchy as a whole has been established beyond question and has received legislative recognition and approval. The problem centres on the manner in which the king held the Duchy. By this it is not meant that the king owed some kind of service to a superior lord. The carls and dukes of Lancaster had held their lands of the king, and extreme logic would suggest that the king, as duke of Lancaster, acknowledged a superior in himself as king. Edmund Burke made play with this notion some four centuries later, and more seriously, though mistakenly, Mary Bateson said of Henry IV and Henry VII that "as kings they

1  "In all respects" is the meaning given to per omnia by the Medieval Latin Wordlist, and in omnibus occurs elsewhere in both the 1399 charters as "in all respects". Any doubts may be dispelled by a glance at another passage in Hardy's Charters, p. 189, where the same phrase occurs translated into French as en touts choses et par tout choses.

2 Hardy, p. 164. The special position of Lancashire has always been recognized by the lawyers. A touchstone indicating its uniqueness (in the Duchy) is the mode of conveying a legal estate from the king jure ducatus, of which mention has been made.


commanded their servants to render to them, as dukes, what was their own".1 Remembering the lord chancellor in Iolanthe wc might well exclaim: "This is what it is to have two capacities!"

This was the very question, did the king have two capacities in respect of the Duchy of Lancaster? Did he hold the Duchy as king or as duke of Lancaster? If he held it as duke, had he in his Duchy none of the rights he possessed as king? A corollary to the last question but one may present itself to us: is the title "duke of Lancaster" part of the king's' style?

The easiest question to answer is the last one propounded. Peerage writers have not been in doubt over it, for they maintain that Henry's titles merged in the crown. As one of them says, from this time "the Ducall Title of Lancaster hath been drowned in the Title of the Regall dignity".2 They are certainly right; but it is a case of merger, not extinction. The king could not be styled other than king in his own kingdom, even if abroad he might include other and lesser titles in his style; thus he could be lord of Ireland, count of Ponthieu and Montreuil or duke of Aquitaine, for these were separate lordships. When Edward III took the title king of France in 1340 he dropped "duke of Aquitaine". Nor could objection be taken if a sovereign in travelling abroad incognito chose to be known by the name duke of Lancaster. In more modern times this has occurred.3 That the king could not hear the title duke of Lancaster was realized in 1399; his eldest son Henry of Monmouth, later Henry V, was named duke of Lancaster because the king ne poet mesmes pur certeine cause porter 1e noun de Duc de Lancastre en son estile.4 The dignity of duke, but not the Duchy, could still be granted by the sovereign. Queen Elizabeth is reported to have offered the title to James VI of Scotland; there was a suggestion in 1727 or the next year that it might have been a title for Prince William, and it was once thought that the Prince Consort Albert might be created duke of Lancaster.5 Although there were some exceptions in the fifteenth

1 Leicester Borough Records, ii. p. xix.

2  A. Vincent, Discoverie of Errours (1622), p. 299. Cf. Historic Peerage (ed. W. Courthope, 1857), p. 278, Complete Peerage (1929), vii. 418, Plowden, Commentaries, pp. 214, 217, and J. Tait in V.C.H. Lancs., ii. 211, n. 300. When a peerage, merged in the crown, emerges again it keeps its ancient precedence; it has not been extinct.

3 The working time-table of the South Eastern and Chatham Railway for 5 March 1909 bore the title "Journey of H.R.H. the Duke of Lancaster". Queen Victoria used the style "countess of Lancaster' when abroad incognito, Complete Peerage, vii. 419, n. c.

4 Hardy, Charters, p. 141 (10 Nov. 1399) and Rot. Par!., iii. 428" The liberties and franchises of the dukedom (not the Duchy) were conferred on the young Henry and his heirs, dukes of Lancaster. This does not mean that the Duchy was given to Prince Henry, as Dr. Jacob says in Henry V and the Invasion of France (1947) at p. 24.

5 Cat. State Papers, Simancas, iv. 215,481, Hist. MSS. Comm., Rept. X, i. 430-31. The title duke of Lancaster was suggested for Prince Albert, heir apparent of Edward VII. An instrument produced in Ryves and Ryves v. Attorney General (1866) purported to create Olive (illegitimate daughter of Frederick, duke of Cornwall) duchess of Lancaster, Complete Peerage, loc. cit.


century the title duke of Lancaster has not normally formed part of the king's style. It has never been in the legend on the Duchy seal; on the first one made, that of Henry IV, this legend is sigillum Henrici dei gratia regis Anglie de ducatu Lancastrie, and the formula has been traditional ever since.1

The sixteenth-century lawyers who pondered the other question, how did the sovereign hold the Duchy of Lancaster, were perhaps unduly mindful of contemporary theories of the king's body natural and body politic, doctrines faintly reminiscent of the disputations of medieval schoolmen, and dismissed by Maitland as "metaphysical—or might we say metaphysiological—nonsense". The problem, however, was real, for behind it lay the need to express the Tudor sovereigns' new position as head and representative of the modern state. The Duchy's case has therefore a wider significance. For the present, however, we may ignore this particular problem of capacities, for the lawyers were agreed that the great charter of 1399 in no way altered the person or dignity of the king. There are indeed no words in it that could establish the contrary. Whatever alteration there had been, concerned the possessions alone, although paradoxically the alteration, a change in the course of common law, consisted in leaving the "Duchy" as it had been before Henry's accession, so that Henry's position as king had no effect on the Duchy's administration, its mode of descent or its franchises. Nor was there any general principle of law by which Henry's own estate as king was altered by his possession of the Duchy. On the contrary, there was the well-known maxim tenementum non mutat statum. It would follow that the king, as the possessor of the Duchy, enjoyed to the full the incidents of the royal prerogative, save in so far as these were restricted by the charter. The effect as it appeared to the lawyers and was expressed by Plowden was, that the prerogatives that the law attributes to the person of the king hold place equally for the Duchy land as for other land he has in capacity of his body natural.2

One of the restrictions implied in the great charter was in the method of conveying land. In grants under the great seal of England land passed without livery of seisin or attornment, but where land parcel of

1 J. Harvey Bloom, English Seals, p. 100, wrongly takes the initials DL on Mary Tudor's Duchy seal as representing Ducissa Lancastriae.

Plowden, p. 216, F. W. Maitland, Collected Papers, iii. 249 and History of English Law (2nd ed.), i. 511. On the distinction between body politic and body natural see also Holdsworth, History of English Law, iv. 203 and S. B. Chrimes, English Constitutional Ideas in the Fifteenth Century (1936), pp. 34-5.


the Duchy was given in fee or for life there would be livery of seisin, just as in the case of an ordinary subject.1 But grants of land parcel of the Duchy in Lancashire passed under the great seal of the county palatine and were matters of record requiring no livery of seisin. Although a grant outside Lancashire required livery of seisin and attornment, it, too, was none the less a matter of record because of the dignity of the king's person. Thus there was no need of delivery to make it a deed, as would be necessary with deeds between subjects; and as Coke pointed out, if the grant were denied the plea could not be non est factum, but nul tiel record.2 In further support of the contention that a grant under the Duchy seal was a matter of record, we may note that in a grant by letters patent under that seal of a reversion expectant on an estate for life or for years in Duchy lands outside Lancashire, the reversion passed to the grantee immediately, But without action for waste or distraint before attornment. Coke likens this case to a fine between two subjects, which is a matter of record, and the Duchy letters patent, he says, are as high a matter of record, if not higher.3 In the normal course of law as regards land inherited by the king from his mother or other ancestor, or purchased in fee in his natural capacity, he could part with it in fee by means only of his letters patent and without livery of seisin. If a common person granted land livery of seisin was necessary, and no reversion passed before attornment. In all this it should be remembered that, however the procedure might suggest that the king was acting as a common person, yet he was king in dignity; nor could there be inference that in other respects he could be treated as a common person as regards the Duchy.

In support of their opinion that the king was still king in respect of the Duchy, whatever else the procedure might suggest, the lawyers reported by Plowman cited two cases. In the first, Henry IV brought an action by scire facias against Lord Strange for a manor of which Lord Strange was seised, but which had belonged to Thomas, carl of Lancaster. The writ was non omittas propter aliqnam libertatem. Exception was taken to it because these words could be used only where the king was suing as king, whereas, it was argued, here the king was suing as

1 Plowden, p. 215, Brooke, Abridgement, 333, 1 Levinz 20. Brooke was for eighteen years a deputy chief steward of the Duchy.

2 Fourth Inst. c. 36. A lease of lands for years, no matter whether in Lancashire or not, was by deed and took effect according to date, not delivery, Brooke, loc. cit., Moore 150.

3 Until the seventeenth century it was held that in Duchy grants in reversion there ought to be attornment (see references in note 1); where a grant in reversion of some Duchy extra-palatinate lands was made under the great seal, the county palatine seal and the Duchy seal but without attornment, it was held to be good as it was a grant by record, and in the case of Carpenter v. Marshall (1664) it was decided that attornment was not required for a grant of reversion, 1 Levinz 29.


duke of Lancaster. The writ, however, was held to be good on the ground that the king cannot sue otherwise than as king.1 In the other case, in Henry VI's reign, it was established that a defendant holding of the king as duke of Lancaster ought to have aid of the king before issue joined. If a defendant held as of a common person, on the other hand, he could not have prayed aid before issue joined and had it.2

These, then, were two definite incidents of royal prerogative attaching to Duchy lands, and the great case of the Duchy in 1561 established another, that in regard to the Duchy lands the king was always of full age. The lawyers who considered that case were of opinion that the 1399 charter did not make the king to be duke of Lancaster, although it did "make the king to have the Duchy and all the liberties, privileges and jurisdictions thereof, as they were before in the hands of the duke". It was also shown that a lease of Duchy land made after 1399 in the name of Henry, duke of Lancaster, would have been void, and therefore in such leases the kings were called kings, and not dukes.3

It might appear that the questions we posed have been satisfactorily answered, and that Henry held the Duchy not as duke but as king, and was not duke of Lancaster. Unfortunately, the law is not clear, and it was on account of uncertainty in the precedents that in the seventeenth-century case, Carpenter v. Marshall, judgment was given for the plaintiff. And evidence can be brought to show that the king did hold the Duchy as duke, and was in fact duke of Lancaster. This contention is argued by the anonymous writer of some notes that appear to have been prepared as an aide-memoire in connexion with the great case of the Duchy.4  The kings from Henry IV to Edward VI, he argued, held the Duchy as dukes of Lancaster and the name and dignity of duke were separate from the crown; further, leases made by Edward VI were made by him as duke, in spite of the name and style of king, because he held the Duchy as duke. The writer cites the act 7 Edw. VI c. 3, confirming certain grants; it excepts Duchy leases made by Edward VI being within age, and this appears to controvert the opinion expressed later by Plowman. Moreover, the act specifically refers to the king as duke of Lancaster, and to the king's heirs and successors as kings of the realm or as dukes of Lancaster. The writer goes on to make the point that if a lease were made of a manor with appurtenances parcel of the Duchy, the advowsons, knights' fees, wards, marriages, reliefs and

1  Plowden, p. 216, 2 Leon. 163, Year Book 10 Hen. IV (1679), Hilary no. 7.

2  Plowman, loc. cit, Dyer 209. Aid before issue joined as a royal prerogative, Finch, Discourse on Low (ed. Pickering), p. 399.

3  Plowman, p. 217.                                                    4 DL 41/13/16.


escheats belonging to the manor were taken to be included, whereas in such a lease of a crown manor the advowsons and the rest would not pass. This, he says, shows that the king held the Duchy as duke; but the precedent docs not take us far, as it is only another instance of the continuation of the practice followed before 1399.

Four cases, however, are cited by the anonymous writer to prove that the Duchy is held by the king as duke. The first was also referred to by J. H. Wylie, but his reading of it was at fault: according to him Chief Justice Gascoigne decided that in matters relating to the Duchy of Lancaster, or any such duchy, the king could be sued like a common person. This is not what the report says. As the writer of the notes puts it, "Thirning and Gascoigne the two chief justices took this difference, that the king in his suits for lands in the right of his crown should not show his cosinage: but for his lands which he had in the right of his Duchy of Lancaster he must thereon show his cosinage".1  He takes it to mean that the king had the Duchy in a human capacity; it certainly cannot bear Wylie's meaning. It is inconceivable that the king should issue a writ against himself in his capacity of duke of Lancaster, and in fact the petition was the only means of proceeding against the king in right of his Duchy. The opinion of 1405 accords with the principle set out in the 1399 charter, that the Duchy was to be treated as it would have been treated but for Henry's adoption of the royal estate. It supports the distinction drawn by the lawyers in 1561 between the possessions of the Duchy and the person of the king who has the possessions.2

The second case is that of the prior of Spalding of 1467; from it our anonymous lawyer infers that the Duchy remained in the person of Henry VI until he was attainted by parliament, although the crown and the crown lands were already vested in Edward IV as king. But the case as reported in the Year Books docs not bear this out.3

The third case cited merely puts on record the principle that a feoffment of lands which the king had in right of the Duchy of Lancaster required livery of seisin. This, we have seen, followed from the charter of 1399, and docs not prove that the king was duke of Lancaster; indeed, it strongly proves the reverse.4

Finally, we are reminded that in 15 Henry VII the Serjeants held that

' Year Booh 6 Henry IV (1679), Hilary no. 4 (1405); J. H. Wylie, History of England under Henry IV, ii. 187 (Wylie's citation is quoted by Tait in V.C.H. Lancs., ii. 211, n. 298); Coke on Littleton 15 b (i c. i Sec, 8).

2 Plowman, pp. 216, 217. Cf. the Saffron Walden case, 2 Leon. 150 and 162, Lutwyche 1237.

3 Year Book 7 Edw. IV (1680), Trinity no. 2.

4 Year Book 21 Edw. IV, Michas no. 60, Brooke, Abridgement, 333, Plowman, p. 219.


where a man justifies in a writ of trespass as bailiff of the king, by reason of a manor he holds in right of the Duchy of Lancaster, the defendant shall not have aid before issue joined.1 This was at variance with the view taken in Henry VI's time, and indeed when the great case of the Duchy was considered some held the Serjeants' opinion not to be law.

In itself, therefore, this evidence is by no means conclusive that the king was ipso jure duke of Lancaster, and in fact it indicates quite the reverse. If, however, we confine our enquiry for the moment to the three Lancastrian kings we shall find sufficient contemporary evidence that they were regarded as holding the Duchy as dukes of Lancaster. These kings are sometimes referred to by this title. Small authority, it is true, can be attributed to petitions in which the king is styled duke of Lancaster, for the petitioners, we may be sure, were not generally learned in these niceties. An exception may be a petition of March 1408 made by Stephen Lescrope, archdeacon of Richmond, in which Henry IV is named king of England and France and duke of Lancaster.2 But perhaps we might equally well feel justified in drawing conclusions from such references by modern parliamentary draftsmen.3 Authoritative, however, is the appearance of "duke of Lancaster" in the royal style in instruments under the Duchy seal. This, it is true, is not common, but it is genuine.4 There is a remarkable and, with good reason, unique grant under the great seal giving leave to the king as duke of Lancaster to make a grant by letters patent under the Duchy seal, in company with the master of St. Nicholas's hospital at Pontefract, a foundation of the Duchy. Doubts apparently existed if the king were duke of Lancaster: the enrolment was cancelled and a fresh grant issued which described the king, Henry IV, as lord of Pontefract honor. The

1   Cf. p. 147, n. 2. Year Book 15 Hen. VII, Hilary no. 11.

2  PL 14/154/4 no. 78. Cf. an obligation to "Henry king of England and France, lord of Ireland and duke of Lancaster", in July 1444, DL 37/53 m. 3.

3  The first draft of the London County Council (Improvements) Bill of 1939 referred to "the duke of Lancaster for the time being". In the Chancery of Lancaster Act 1850 the queen is called Duchess of Lancaster. The Duchy Office was asked in 1873, if it were correct to style the queen "Duke of Lancaster". Victorian correspondents in Notes and Queries were concerned at such impropriety, e.g. fifth series, iv. (1875). On the other hand there is the time-honoured form of the loyal toast in Lancashire of "The King, Duke of Lancaster", which was approved by George V and George VI; Queen Victoria approved the form "The Queen, Duke of Lancaster", and Her Majesty Queen Elizabeth II has signified her pleasure to this use in her reign.

4  The Duchy enrolments in the fifteenth century rarely give the king's style in full. But we have Henricus . . . dux Lancastrie in a licence in mortmain of 1446, DL 37/15/6; here dux Lancastrie is an addition in the same or a contemporary hand; the first entry on this roll has the style in full, but dux Lancastrie is not in it. But in no. 7 it is. Note that under both Richard III and Henry VII there are rare occurrences of dux Lancastrie in the king's style—DL 42/20 f. 34 v of 28 July. 1484, a charter appointing John Hill as mayor of Pontefract and confirming the town's liberties (it is still with the corporation and is translated in Boothroyd's History of Pontefract, 1807); and DL 42/21 f. 21, also a grant to Pontefract corporation, 15 July 1488.


Duchy officers neatly avoided the difficulty by passing under the Duchy seal a licence to the master of the hospital to make a grant.1 In other letters patent under the great seal in 1408, also concerned with Pontefract, the king as duke of Lancaster was named founder of Knowles's Almshouses.2 A writ under the great seal of November 1405 spoke of money due to the king as duke of Lancaster, and in 1399 letters patent under the Duchy seal appointed Thomas Bank as the king's attorney in the exchequer, with power to claim and defend in that court all the franchises belonging to the king as duke of Lancaster.3

The conclusion is therefore inescapable that at any rate under the Lancastrian dynasty the king was considered to be duke of Lancaster. Further proof comes from a phrase that occurs frequently in Duchy instruments, "the king and his heirs dukes of Lancaster".4 This association of the title duke of Lancaster with the notion of heredity is important. It was because they were dukes of Lancaster by hereditary right at common law that the Lancastrian kings possessed the Duchy. Their possession in this sense was emphasized by the great charter of 1399, for one of its three cardinal principles was that the Duchy descended to the heirs specified in the previous charters to John, duke of Lancaster. The succession to the Duchy, in other words, was independent of the succession to the throne, and this was in conformity with Henry IV's intention to keep the Duchy separate from the crown. The effect is clearly seen in his settlement for a successor. In June 1406 parliament passed a bill settling the crown on Henry's decease upon his eldest son Henry and the heirs male of his body, with remainders to his three sons and the heirs of their bodies successively.5 The right of succession in the Duchy was expressly saved to the heirs who by law or custom of the kingdom were entitled to it. There was thus a possibility that the crown

1 Cal. Pat. Rolls 1408-13, pp. 198, 200 (25 May 1410). The licence under the great seal was so far followed that Henry is styled lord of Pontefract honor, DL 42/16 f. 93 v, printed in T. D. Whitaker, Loidis and Elmete (1816), p. 268.

2 Cal. Pat. Rolls 1408-13, pp. 32-.3. In letters by the founder the king is called the possessor of the Duchy and heritage of Lancaster, DL, 42/12 f. 25.

3 Cal. Close Rolls 1405-9, p. 78, DL 42/15 f. 28 v. Another such appointment in 1418 again refers to the king as duke of Lancaster, DL 42/17 f. 212 v. DL 25/3300 is an appointment of an attorney to deliver seisin to Henry VI as king of England and duke of Lancaster, 18 June 1438.

4 E.g. a licence for a grant in mortmain pro nobis et heredibus nostris ducibus Lancastrie, DL 42/16 f. 105 (1411); and most frequently where Duchy possessions are granted away to hold of the king and his heirs, dukes of Lancaster, e.g. DL 42/16 f. 53 (1410), f. 146 v (1406), and DL 37/11 no. 29 (1444), or where additions are made to the Duchy, DL 37/13 no. 30, DL 42/18 f. 81. Cf. DL 37/15 no. 7, and DL 42/16 f. 250 (a saving of services to the king and heirs, dukes of Lancaster, 28 May 1410). The normal phrase for Duchy lands held in service was "held of the king as of his Duchy of Lancaster". Robert Constable in his reading on Prerogativa Regis in 1495 (ed. S. E. Thome, 1949) several times refers to lands, etc., held of the king as duke.

5 Rot. Parl, iii. 576, Hardy, Charters, p. 143, Cal. Pat. Rolls 1405-8, p. 192. On the succession to the throne and Henry's title generally, see T. P. Taswell-Langmead, English Constitutional History (10th ed„ T. F. T. Plucknett), pp. 547-52.


and the Duchy might descend into different hands, for the succession to the Duchy was not limited to the male issue. This settlement of the crown was soon annulled and in the next session of parliament the succession was altered to the heirs of the king's body, and his four sons and their heirs likewise, the lords and the commons protesting that they did not mean to say anything touching la Duchie ne l'eritage de Lancastre.1 Once again the succession to the Duchy was excepted, but in a different manner, for the proviso was that the possessions should remain in the same nature, state, government and condition as they were in before that session of parliament. The exception was amplified in the letters patent which issued at the same time.2 It was made clear that the statute was not intended to change anything in the Duchy, including the mode of succession. The king's intention was again declared that the ancient rights and customs and administration of the Duchy should be observed in the future.

The dispositions of the Duchy made by the Lancastrian kings in connexion with their wills show how the Lancastrian kings considered it to be their personal property in a sense that the crown lands were not. They put large parts of the Duchy in the hands of feoffees. Henry IV, indeed, merely willed that his queen should be endowed from the Duchy, but Henry V made two feoffments of Duchy lands; Henry VI made four and meant the work on his foundations at Eton and Cambridge to be financed out of the Duchy. Looking ahead, too, we see that Edward IV also made feoffments. Henry V's first will has an illuminating provision. If he were to die without heirs of the body, it says, some of the Duchy possessions were to be put in feoffment for his right heirs. Certain other Duchy lands were then to be divided as nearly as possible in two equal parts, in the north and in the south, the northern part going to Henry's brother John, duke of Bedford, the southern to his other brother Humphrey, duke of Gloucester. If either of them died without male heirs the remainder was to be annexed to the crown.3  Thus if there was failure of the heirs to whom the Duchy should have descended in accordance with the charter of 1399, part of the Duchy would descend to a collateral line, and part might pass entirely out of the hands of the Lancaster family, and become united to the crown in the person of the kings of England, although they might not be at all in the line of descent.  It would follow that these kings would not be dukes of Lancaster.

1  Rot. Parl., iii. 580, 22 Dec. 1406. Cf. Cal. Pat. Rolls 1405-8, p. 298 and Hardy, pp. 144-5.

2  Rot. Parl, iii. 582, Hardy, pp. 145-50.

3  J. Nichols, Royal Wills, pp. 239-41.


Henry IV's hereditary title to the Duchy, and therefore the hereditary principle that has more than once been mentioned, are both reflected in the name by which his family possessions were known. Some succinct name was needed to describe these possessions, and it was found by applying the name that had previously been restricted to the county palatine of Lancaster. It was a natural transference, but its application has often been anachronistic.1 Before the new use of the expression had been fully established the possessions were often referred to as the king's heritage of Lancaster, thus showing a continuity with their state under John of Gaunt.2 The two expressions were used concurrently, but the "heritage of Lancaster" had this advantage, that it differentiated these possessions from those Henry IV enjoyed in right of his deceased wife; the latter in turn were sometimes known as the heritage of Hereford, or more fully as the earldoms of Hereford and Northampton.3

Confusion not unnaturally arose from this extension of the term Duchy of Lancaster. In some of the instruments issuing from the Duchy chancery at the beginning of Henry IV's reign the term was used for the county palatine of Lancaster and at the same time in the wider sense.4 The extended meaning, however, was always implied in references to the Duchy seal. It was the continued use of the restricted sense in reference to the county palatine that caused the confusion.5 The possibilities of confusion were soon realized, for early in 1404 many grants of annuities on the issues of the "duchy of Lancaster" were cancelled and fresh grants made on the lands and lordships of the Duchy in Lancashire.6 We may now conveniently review the effect upon the Duchy of

1 Froissart calls the portions given away by Richard II aucuns heritages de la duchie de Lancastre (ed. Kervyn de Lettenhove, xvi. 139). So, too, Hall in reference to the confiscation speaks of the inheritance as the Duchy of Lancaster, Chronicle (1809), p. 5. Cf. Gower's Tripartite Chronicle, referring to the death of John of Gaunt:
Tunc confiscatus rapitur sine jure ducatus
qua se confortat dux commoda nulla reportat.

Wright, Political Poems and Songs, i. 441.

2 For a more recent example, L. Toulmin Smith, Derby Expeditions, frequently in her introduction. 2 E.g. DL 42/15 f. 15 (4 Sept. 1400), DL 42/16 f. 266. (7 July 1409). The earliest "official" use of Duchy in the new sense is 12 Oct. 1399, DL 42/15 f. 31 v.

3   Heritage of Hereford, DL 42/16 f. 168. For the fuller title, DL 42/15 f. 31. In the first account of the receiver general for the combined possessions they are called "the lands and possessions of Henry IV, king of England and France, which were his, before his coronation, in England and Wales", DL 28/4/1. This becomes shortened two years later to "the Duchy of Lancaster and the earldom of Hereford in England and Wales", ibid., no. 2.

4  DL 42/15 f. 2, 14 Nov. 1399.

5 Cal. Close Rolls 1399-1402, pp. 89, 208, PL 14/154/4, DL 42/15 f. 25 v (Dec. 1399), DL 42/16 f. 169 v (March 1406), DL 37/12 m. 3 d (Feb. 1445) and DL 42/19 f. 30 v (1483)—ducatus palatinus Lancastrie.

6 DL 42/15 f. 162 v, DL 42/16 fos, 17, 102. Cf. J. F. Baldwin, Bulletin Inst. Hist. Researeh, iv. 139-40. J. Selden, Titles of Honour (1631), p. 643, was somewhat confused between the Duchy and the county palatine.


Henry of Bolingbroke's accession to the throne, and of his parliamentary charter of 14 October 1399. That charter, having the authority of a statute, altered the common law by keeping the Duchy, in the new sense, distinct from the other possessions of the crown. Thus it ensured that in descent, administration and privileges there would be no change in the king's heritage of Lancaster. In the same way the heritage of Hereford was kept on a distinct footing by the other charter of the same date. The Lancastrian kings, at least, were considered to be dukes of Lancaster although not so styled, and the Duchy officers took full advantage of the royal prerogative which, they conceived, extended to the Duchy possessions. And, to move to the present day and dispose of doubts, it can be stated that the sovereign is still duke of Lancaster.




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